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Home My WebLink About2011-06-21 Resolution2c(9) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 11 -2 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: 2012 Cigarette Permits (SEE ATTACHED) Passed and approved this 21st day of June , 20 11 MAYOR Approved by ATTEST: � . 1�- r�Z71{ t l� CI CLERK City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey x Champion X Dickens x Hayek x Mims x Wilburn x Wright CIGARETTE PERMITS PRINTED : 03- JUN -11 PAGE: 1 DOING BUSINESS AS APPLICANTS NAME PURPOSE KMART K -MART CORPORATION C4SsE —Y' S GENERAL STORE #2761 . ASEY'S MARKETING COMPANY IC AS Y'S GENERAL STORE #2781 CASEY'S MARKETING COMPANY C ARETTE OUTLET #18 CIGARETTE OUTLET INC C,L EB CAR THE SUZSTER INC ENIENCE STORE THE ELLY STUCKER C KSIDE MARKET ECTOR INC FORMERLY: T & M MINI MART CV HARMACY #8539 C+ -��oN S-r. I-TOWA CVS PHARMACY LLC CV ARMACY #8547 MuScfi7nNr;:- WA CVS PHARMACY LLC D 'S SHORT STOP CORPORATION DANIEL J GLASGOW DEADWOOD RANGER ENTERPRISES _ DFL #1 ELIMAMART RT PROPERTIES INC DEL RT #2 LIMART PROPERTIES INC DE MART #3 LIMART PROPERTIES INC DEL RT #5 LIMART PROPERTIES INC D THE OUTHERN DISCOUNT DEN LICENSE # 85 00140 07 00073 07 00074 05 00007 08 00070 08 00068 03 00005 06 00074 06 00075 86 00022 85 00092 87 00013 87 00018 98 00014 99 00006 00 00017 STICKER # 00111 C 16A 00113 C 19 -2- 00114 C %2 -3 00115 C /,;?-- q 00116 C la--5 00112 C /a -(O 00117 C la -7 00118 C /,;--$ 00119 C 19 -1 01110 C 4,1 -/0 01111 V 01112 C /-'- // 01113 C 01114 C, /a - /„g 01115 C 01116 C /a - 15 CIGARETTE PERMITS PRINTED : 03- JUN -11 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE BLIN UNDERGROUND THE 93 00001 01117 V 13-'lb DUBLIN UNDERGROUND INC E PASO THE MEXICAN STORE 05 00001 01118 C L PASO TIENDA Y TAQUERIA INC jF ,P AY STORES #034 03 00007 01119 C (8 -1�' ►AREWAY STORES INC F EWAY STORES #950 95 00006 01120 C , ✓a'�9 4 AREWAY STORES INC F T BREAK 11 00058 C tEIF OIL COMPANY FI TARS FOOD MART 10 00057 01121 C 1,9--26 VFIVE FOOD MART GA 'S #1 08 00074 01122 C B BAUER INC G Y' S #4 08 00075 01123 C LB BAUER INC H IG DRUG STORE #10 98 00001 01124 C ARTI G G DRUG COMPANY INC HY- E DRUGSTORE 85 00013 01126 C /a VEE INC HY- E FOOD STORE #1 85 00009 01127 C is -a3 CVEE INC Hy-FOOD STORE #2 85 00010 01128 C �a -a -VEE INC HY- FOOD STORE #3 85 00011 01129 C 42 `�'7 -VEE INC GAS ( #l) V-Vy- 03 00004 01130 C EfE INC C. IT SSTOP TOP 08 00064 01131 C « `� PIT LLC C U S 07 00070 01132 C 4a-.3b GAL INC CIGARETTE PERMITS PRINTED : 03- JUN -11 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE 'S PLACE 08 00072 01133 C SAMCO OF IOWA CITY INC VGROCS ERY, INC. 85 00054 01134 c ,r$ 3a, S GROCERY INC XIO N THE E 08 00069 01135 C /d-33 WONZERS UNLIMITED K & GO #422 85 00025 01136 C UM & GO LC GO #51 Ol 01087 01137 C KUM & GO LC & GO #52 01 01088 01138 C 11K UM & GO LC K & GO #53 01 01089 01139 C UM & GO LC L M MIGHTY SHOP, INC. 85 00045 01140 C & M MIGHTY SHOP INC LI OR DOWNTOWN OR 07 00072 01141 C CAYLOR OR HOUSE LTD 03 00008 01142 C IOUOR HOUSE LTD NO DODGE EXPRESS O1 01090 01143 C EXPRE INC NO H DODGE SINCLAIR 10 00056 01144 C ORTH DODGE INC ON GO CONVENIENCE STORES 00 00002 01145 C GO CONVENIENCE STORES INC ;ARADTHE ADISE TOBACCO & GLASS WERKS 11 00061 01161 C ISE TOBACCO & GLASS WERKS LLC R PO PPY 06 00070 01146 C AKSHI H MEARS '-�t�EXPRESS 07 00075 01147 C VWZ LLC J. C) 9. CIGARETTE PERMITS PRINTED : 03- JUN -11 PAGE: 4 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE S' NORTHSIDE SERVICE 05 00005 01148 C 0-47 eUSS'NORTHSIDE SEVICE A 09 00060 01149 C 00008 UCE INC .2'$ WIK TRIP INC S BLVD HAWKEYE CONVENIENCE STORE 00 00007 01150 C C /J� ` -50' AWKET YE OIL CO INC WA EEENS #5077 SUB AN BP AMOCO Sc.o�' Cv�c¢r 97 00007 01151 C BURBAN INVESTORS LC SUBU BP AMOCO KEOKUK STREET 98 00012 01152 C is -51 C INVESTORS, L.C. uz BIES TOBACCO OUTLET ;HEURB IN ZONE 11 00057 C, /'A-57 C IN ZONE CORPORATION ,Tf�ACCO BOWL 91 00009 01153 C 14-53 MISSISSIPPI VALLEY TOBACCO C T CCO OUTLET PLUS #537 97 00008 01154 .2'$ WIK TRIP INC NOMOUS GLASS WORKS 11 00059 0115 9 C /J� ` -50' ERIC M & NICK VANCE WA EEENS #5077 85 00029 01156 C /9-5.; Q LGREEN COMPANY A RT SUPERCENTER #1721 92 00012 01155 C L -MART STORES INC uz BIES TOBACCO OUTLET 11 00060 01160 C, /'A-57 ZOMBIES TOBACCO OUTLET LLC TOTAL CIGARETTE PERMITS: 60 � c7 CIGARETTE PERMITS PRINTED : 03- JUN -11 PAGE: 4 DOING BUSIN S AS LICENSE # STICKER # APPLICANTS N E PURPOSE /NORTHSIDE ' SE VICE 05 00 05 01148 C USS'NORTHSIDE SEVI E A 0 00060 01149 C UCE INC S T BLVD HAWKEYE CONVEN ENCE STORE 00 00007 01150 C AWKEYE OIL CO INC SUB AN BP AMOCO S c-o-rc-� 97 00007 01151 C BURBAN INVESTORS LC SUBU BP AMOCO KEOKUK STREET 98 00012 01152 C INVESTORS, L.C. ;HERB IN ZONE 11 00057 C IN ZONE CORPORATION ,TCACCO BOWL 91 00009 01153 C ISSISSIPPI VALLEY TOBACCO CO OUTLET PLUS #537 97 00008 01154 C eTWIKKCT RIP INC VENOMOUS GLASS WORKS 11 00059 01159 C ERIC M & NICK VANCE EEENS #5077 85 00029 01156 C QWA LGREEN COMPANY A ART SUPERCENTER #1 21 92 00012 01155 C L -MART STORES INC IBIES TOBACCO OUT ET 1 00060 01160 C �7 ZOMBIES TOBACCO TLET LLC CIGARETTE PERMITS: 60 2d(l) Prepared by Chris O'Brien, Transportation Services Department, 410 E. Washington St., Iowa City, IA 52240, (319) 356 -5156 RESOLUTION NO. 11-217 RESOLUTION SETTING A PUBLIC HEARING ON JULY 5, 2011 ON AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES" AND TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC" OF THE IOWA CITY CODE OF ORDINANCES TO ESTABLISH DOWNTOWN MOPED PARKING PERMIT REQUIREMENTS AND FEES AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING WHEREAS, moped and scooter usage in downtown Iowa City has continued to grow; and WHEREAS, residents and visitors enjoy the pedestrian friendly streetscape of downtown Iowa City; and WHEREAS, mopeds and scooters parked on sidewalks reduce pedestrian safety and access to bike racks; and WHEREAS, the University of Iowa issues motorcycle and moped parking permits for designated parking areas; and WHEREAS, the City Council wishes to facilitate parking for fuel efficient vehicles, such as bicycles, mopeds, and motorcycles; and WHEREAS, mopeds are the only motorized vehicle currently not required to pay for parking in downtown Iowa City; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing is to be held on the 5th day of July, 2011, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the ordinance is hereby ordered placed on file in the office of the City Clerk for public inspection. Passed and approved this 21 Gt day of Tune 120 > > ATTEST: CITY tLERK MAYOR Approved by C y Attorney's Office Resolution No. 11-217 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _x_ Champion _x Dickens x Hayek x Mims N Wilburn x Wright wpdata/g I ossa ry/resol ution-ic. doc M �J 2d(2) Prepared by: Michael Moran, Parks and Recreation Department, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5104 RESOLUTION NO. > 1- is RESOLUTION SETTING A PUBLIC HEARING ON JULY 5, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COLLEGE GREEN PARK LIGHTING REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the College Green Park Lighting Replacement account #4172. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 5th day of July, 2011, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 21st day of June 120 11 ATTEST: CITY CLERK SETPH /collegegreenlighting 6/11 s1 mAYOR �M Al Resolution No. Page 2 11 -218 It was moved by Chamyion and seconded by M;m_5s _the Resolution be adopted, and upon roll call there were: AYES: wpdata /glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -219 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 440 3RD AVENUE, IOWA CITY, IOWA. WHEREAS, on May 30, 2006, the owner executed a Promissory Note with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan has been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 440 3`d Avenue from a Promissory Note recorded July 6, 2007, Book 4185, Page 136 of the Johnson County Recorder's Office. Passed and approved this 21st day of June 120 11 ATTEST: > CITY "'CLERK Ap�roved by City Attorney's Office 2e(1) It was moved by champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion X Dickens X Hayek X Mims X Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Denise J. hutchinson Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 440 3rd Avenue, Iowa City, Iowa, and legally described as follows: All of Lot 8, in Block 20, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, excepting the north 45 feet thereof. from an obligation of the owner, Denise J. Hutchinson, to the City of Iowa City represented by a Promissory Note recorded July 6, 2007, Book 4185, Page 136, of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: . �* CITY RK STATE OF IOWA Approved by c d —f a — (C City Attorney's Office ) SS: JOHNSON COUNTY ) On this -)-I day of 11V15F- , A.D. 20�, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.! -d/ , adopted by the City Council on the ae s --day J nvr-- 20 // and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. qlA� SONDRAE FORT S nc� r7 o � Commission Number 159791 Notary Public in and for Johnson County, Iowa x My Commission Expires • row aoia 06 -21 -11 2e(2) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -220 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY, IOWA. WHEREAS, on January 3, 2003, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on August 25, 2005, the owner executed another Mortgage with the City of Iowa City; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 15 Regal Lane from two Mortgages recorded January 10, 2003, Book 3457, Page 209 through Page 215; and recorded September 1, 2005, Book 3934, Page 549 through Page 554 of the Johnson County Recorder's Office. Passed and approved this ?i Gr day of .Tune 20_LL_. & FMA "A . M ATTEST: 0 ? 9 CITY RK Approved by City Attorney's Office Resolution No. 11 -220 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x_ Champion x Dickens x Hayek X Mims x Wilburn _x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s):Lillian Williams Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following property located at 15 Regal Lane, Iowa City, Iowa, and legally described as follows: Lot 75, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, Page 99, Plat Records of Johnson County, Iowa, and subject to easements and restrictions of record. from an obligation of the owner, Lillian Williams, to the City of Iowa City represented by two Mortgages recorded January 10, 2003, Book 3457, Page 209 through Page 215; and recorded September 1, 2005, Book 3934, Page 549 through Page 554, of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: e. 2%2� CITY CUERK STATE OF IOWA ) SS: JOHNSON COUNTY ) Ap ov,ed City Attorney's Office On this a" � s, day of -uu E , A.D. 20_4�_ before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on be�talf of the corporation by authority of its City Council, as contained in Resolution No. « >ao , adopted by the City Council on the _,_I —day 0 u,1F 20_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT _ Commission Number 159791 My Com ission Expires Notary Public in and for Johnson County, Iowa IOW 3 7 ao: a r , CITY OF IOWA CITY 2e(3) ,,,,,,,; MEMORANDUM Date: June 13, 2011 To: Tom Markus From: Ron Knoche, City Engineer Re: Final Acceptance of Public Improvements The following are costs associated with the Capital Improvement Projects being presented for acceptance at the June 21St Council meeting: 1) CDBG Demolitions Project — Contract #2 Contractor: Taube Excavation ❖ Project Estimated Cost: $ 48,000.00 ❖ Project Bid Received: $ 34,932.00 ❖ Project Actual Cost: $ 63,733.60 ** * *5 additional houses were added to the contract by change order 2) 404 -HMGP Demolitions Project — Contract #4 Contractor: Taube Excavation ❖ Project Estimated Cost: $ 24,000.00 ❖ Project Bid Received: $ 18,996.00 ❖ Project Actual Cost: $ 15,384.80 3) Iowa City Parking Office Remodel Contractor: Calacci Construction ❖ Project Estimated Cost: $ 55,000.00 Project Bid Received: $ 43,000.00 ❖ Project Actual Cost: $ 47,539.74 4) Peninsula Flood Mitigation Improvements Contractor: Price Industrial Electric ❖ Project Estimated Cost: $ 871,300.00 ❖ Project Bid Received: $ 737,130.00 ❖ Project Actual Cost: $ 734,263.55 cc: Rick Fosse "'►'ail`' � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org June 13, 2011 City Council City of Iowa City, Iowa Re: CDBG Demolitions Project — Contract #2 Dear City Council: I hereby certify that the CDBG Demolitions Project — Contract #2 has been completed by Taube Excavation of Marion, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $63,733.60 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer 0 Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 11 -221 RESOLUTION ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #2 WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Demolitions Project - Contract #2, as included in a contract between the City of Iowa City and Taube Excavation of Marion; Iowa, dated November 18, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are now available in the CDBG Demolition account #2300; and WHEREAS, the final contract price is $63,733.60. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of June 120 11 -A-- MAYOR Approved by ATTEST: AO, ,e CITY ERK City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X X X —X Pweng /res /cd bgdemolition #2- acptwork.doc 6/11 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright �2 ,-_ C�1) r �4206M.- 4 110.6011 &. k7 Wo CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org June 13, 2011 City Council City of Iowa City, Iowa Re: 404 -HMGP Demolitions Project — Contract #4 Dear City Council: I hereby certify that the 404 -HMGP Demolitions Project — Contract #4 has been completed by Taube Excavation of Marion, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $15,384.80 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer 2e(4) Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 1 1 -222 RESOLUTION ACCEPTING THE WORK FOR THE 404 -HMPG DEMOLITION PROJECT — CONTRACT #4 WHEREAS, the Engineering Division has recommended that the work for construction of the 404 HMGP Demolitons Project — Contract #4, as included in a contract between the City of Iowa City and Taube Excavation of Marion, Iowa, dated November 18, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are now available in the HMGP Demolition account #3965; and WHEREAS, the final contract price is $15,384.80. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this list day of June , 20-1L_ ATTEST: CITY CbERK MAYOR Approved by City Attorney's Office It was moved by C:hamni on and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens x Hayek X Mims X Wilburn X Wright Pweng /res /404hmg pdemo #4- acptwork.doc 6/11 l 2e(5) w_...- � r ®- � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org June 13, 2011 Honorable Mayor and City Council Iowa City, Iowa Re: Iowa City Parking Office Remodeling Project Dear Honorable Mayor and Councilpersons: hereby certify that Calacci Construction Company, Inc., of Iowa City, Iowa has completed the construction of the Iowa City Parking Office Remodeling Project in substantial accordance with the plans and specifications prepared by Neumann Monson Architects of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $47,539.74. recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, .- Ron Knoche, P.E. City Engineer S: \ENG\ARCHITECTURE FILE \Projects \Iowa City Parking Office Remodeling Project \Engineers Letter Iowa City Parking Office Remodeling Project for 06 21 2011 doc ((I � Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 11 -223 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY PARKING OFFICE REMODEL PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Parking Office Remodel Project, as included in a contract between the City of Iowa City and Calacci Construction Company, Inc. of Iowa City, Iowa, dated May 17, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are now available in the Parking Office Remodel account #3016; and WHEREAS, the final contract price is $47,539.78. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of June 120 11 . /A a MAYOR Approved by ATTEST: cz� Ay. A;��I,i�l��z�Cr� CITY RK City Attorney's Office (d It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x_ Bailey g Champion x Dickens x_ Hayek x Mims x Wilburn x Wright Pweng/ res /parkingofficeremod- acptwork.doc 6111 l 1 2e(6) CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org June 14, 2011 City Clerk City of Iowa City, Iowa Re: Peninsula Flood Mitigation Improvements Project Dear City Clerk: hereby certify that the construction of the Peninsula Flood Mitigation Improvements Project has been completed by Price Industrial Electric, Inc. of Hiawatha, Iowa in substantial accordance with the plans and specifications prepared by HR Green, Inc. The final contract price is $734,263.55. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. i i —99A RESOLUTION ACCEPTING THE WORK FOR THE PENINSULA FLOOD MITIGATION IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Peninsula Flood Mitigation Improvements Project, as included in a contract between the City of Iowa City and Price Industrial Electric of Hiawatha, Iowa, dated July 21, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Collector Well #3 — Hazard Mitigation account #3281; and WHEREAS, funds for this project are available in the Collector Well #4 — Hazard Mitigation account #3282; and WHEREAS, funds for this project are available in the Silurian Well #4 - Hazard Mitigation account #3284; and WHEREAS, the final contract price is $734,263.55. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this ? I Gt day of June 20_1 MAYOR ATTEST: 2Z%i� CI ERK It was moved by Champion and seconded by and upon roll call there were: AYES: NAYS: Approved by City Alto ey's Ice Mims the Resolution be adopted, ABSENT: x Bailey X Champion x_ Dickens g Hayek Mims X Wilburn _x_ Wright Pweng /res /pen insulamitimprov- acptwork. doc 6/11 r -- t , lu- -4 CITY OF IOWA CITY 2e(7) , .-� MEMORANDUM Date: June 13, 2011 To: Tom Markus From: Robin Marshall, Controller Sara Sproule, Assistant Controller Re: Governmental Accounting Standards Board statement #54 — Fund Balance Reporting and Governmental Fund Type Definitions This item pertains to a new Accounting Standard. The Governmental Accounting Standards Board (GASB) has issued a new statement, GASB #54 - Fund Balance Reporting and Governmental Fund Type Definitions. The objective of this Statement is to enhance the usefulness of fund balance information in the financial statements by providing clearer fund balance classifications that can be more consistently applied and by clarifying the existing governmental fund type definitions. This Statement establishes fund balance classifications that comprise a hierarchy based primarily on the extent to which a government is bound to observe constraints imposed upon the use of resources reported in governmental funds. The requirements of this Statement are effective for the City's financial statements for the fiscal year ending June 30, 2011. New Fund Balance Classifications under GASB #54 are: 1. Nonspendable - Nonspendable Fund Balance represents amounts that cannot be spent because they are either not in spendable form or are legally or contractually required to be maintained intact. 2. Restricted - Restricted Fund Balance represents amounts that have constraints placed on their use. The restrictions can be externally imposed by creditors, grantors, contributors, or laws or regulations of other governments, imposed by law through constitutional provisions or enabling legislation. 3. Committed - Committed Fund Balance represents amounts that can only be used for specific purposes based on constraints imposed by formal action of the government's highest level of decision making authority. 4. Assigned - Assigned Fund Balance represents amounts that are intended by the government to be used for specific purposes, but are neither restricted nor committed. The intent should be expressed by the governing body itself, a body (budget or finance committee) or an official authorized by the governing body to assign resources to be used for specific purposes. 5. Unassigned - Unassigned Fund Balance represents amounts in the General Fund that are available for any purpose. Our auditors, EIDE BAILLY LLP, recommend that the City adopt a resolution that gives assignment powers for assigned funds to the Finance Director. We concur with this recommendation and recommend approval of the attached resolution. cc: Kevin O'Malley Prepared by: Robin Marshall, Controller & Sara Sproule, Asst. Controller, 410 E. Washington St., Iowa City, IA 52240, 319 -35 6-5085.5088 RESOLUTION NO. 11 -225 RESOLUTION APPROVING THE FINANCE DIRECTOR TO HAVE THE AUTHORITY TO ESTABLISH FUND BALANCE ASSIGNMENTS IN ANY AND ALL FUNDS. WHEREAS, the Governmental Accounting Standards Board (GASB) has issued a new statement, GASB #54 - Fund Balance Reporting and Governmental Fund Type Definitions; and WHEREAS, this new statement is effective for the City of Iowa City for the fiscal year ending June 30, 2011; and WHEREAS, in order for the City to comply with GASB regarding assigned fund balances for financial reporting an official needs to be delegated authority to assign amounts to be used for specific purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Finance Director has the authority to establish fund balance assignments in any and all funds. Passed and approved this 21st day of June , 2011. MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: — x x x. X— X x X fin adm \res \gasbauthority.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright M-� "4b Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 RESOLUTION NO. 11 -226 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION FROM SINGLE - FAMILY /DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF HIGHWAY 1 WEST AND HUDSON AVENUE (1014, 1016, & 1022 HUDSON AVENUE) WHEREAS, the Iowa City Comprehensive Plan serves as a land -use planning guide by illustrating and describing the location and configuration of appropriate land uses throughout the City, provides notification to the public regarding intended uses of land; and illustrates the long range growth area limit for the City; and WHEREAS, if circumstances change and /or additional information or factors come to light, a change to the Comprehensive Plan may be in the public interest; and WHEREAS, the general principles of the Comprehensive Plan encourage commercial development along major arterial streets; and WHEREAS, The Comprehensive Plan also recommends focusing commercial development in commercial centers in order to discourage sprawl; and WHEREAS, the subject properties are surrounded by commercial uses on the east, west, and south; and WHEREAS, the properties are adjacent to Highway 1 and can be accessed from an already existing curb cut on Highway 1; and WHEREAS, the City received a request to rezone the subject properties; and WHEREAS, it is in the City's interest to zone both sides of the street with zones that are similar in use in order to have better land use transitions at side or rear lot lines rather than along front lot lines; and WHEREAS, the Planning and Zoning Commission has reviewed this amendment and determined that circumstances have changed to the extent that an amendment to the comprehensive plan is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to concentrate commercial uses along arterial streets and in existing commercial cores. 2. The land use designation for 1014, 1016, & 1022 Hudson Avenue shall be changed from Single Family /Duplex Residential to General Commercial in the Iowa City Comprehensive Plan and the Southwest District Plan. Passed and approved this 21st day of ATTEST: CIT LERK June MAYOR: 2011. Approved by City Attorney's Office S- /-2 �� Resolution No. 11 -226 Page 9 It was moved by Mims and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek Mims X Wilburn Wright wpdata /glossary/resolution - ic.doc �,h ( a_ ) City of Iowa City MEMORANDUM Date: May 19, 2011 To: Planning and Zoning Commission From: Christina Kuecker, Associate Planner RE: Comprehensive Plan amendment to change the designation of 1014, 1018, & 1022 Hudson Avenue from Residential to General Commercial (CPA11- 00002) The applicant, Ranshaw Limited Partnership, has requested a Comprehensive Plan amendment to change the designation of 1014, 1018, & 1022 Hudson Avenue from Residential to General Commercial to correspond with the requested rezoning of these parcels from RS -8 to CC -2. In 1991, residents of the Miller- Orchard Neighborhood submitted an application to amend the Comprehensive Plan to show the subject parcels as residential instead of commercial. This was as a result of the neighborhood feeling threatened by commercial rezoning requests to 1014, 1018, & 1019 Hudson Avenue. The neighborhood felt that the commercial rezoning requests for these properties would have a negative impact on the neighborhood. Prior to 1991, the subject properties had been designated for General Commercial in the Comprehensive Plan. The residential designation was also transferred to the Southwest District Plan adopted in 2002. The text does not mention this specific area, but on the map on page 33, the parcels are shown as Single - Family /Duplex Residential. The 1997 Comprehensive Plan does not specifically mention this area. The minutes and staff report from the Planning and Zoning Commission consideration in 1991 are included in your packet. At that time, Staff recommended against changing the designation from General Commercial to Residential. However, the Commission and City Council chose to make the amendment. Staff opinion is the same as in 1991 — that the subject properties are appropriate for commercial development and the designation as such is compatible with the principles of the Comprehensive Plan. The general principles of the Comprehensive Plan encourage commercial development along major arterial streets. High volumes of traffic are conducive to successful commercial enterprises and can be detrimental to successful low density residential uses. The subject properties are surrounded by commercial uses on the east, west, and south. In additional the properties are adjacent to Highway 1 and can be accessed from an already existing curb cut on Highway 1. Therefore, in Staff's opinion, the subject properties are appropriate for commercial uses. The Comprehensive Plan also recommends focusing commercial development in commercial centers in order to discourage sprawl. In addition a good planning principle is to zone both sides of the street with zones that are similar in use. In general it is a better land use transition to change zoning designation at the side or rear lot lines rather than down the middle of the street. Neighborhood residents have expressed a concern that changing the land use designation and zoning of these properties from residential to commercial may lead to further rezoning requests and erosion of the residential character of the neighborhood. Staff believes that the current zoning boundary to the east between the CC -2 and RS -8 creates a clear demarcation and the proposed commercial land use designation for 1014, 1018 and 1022 Hudson would be a logical extension of this pattern. Further rezoning requests to commercial farther to the north on Hudson would not be appropriate. As previously recommend any zone changes that follow a comprehensive plan amendment should be subject to conditions for buffering and design that would further reinforce the transition from residential to commercial. May 13, 2011 Page 2 The Miller Orchard neighborhood has taken great effort recently to preserve and improve their neighborhood. However, the long term viability of these properties as residential is questionable. The properties are surrounded by commercial uses and are extremely close to a major highway, which has a traffic count of approximately 22,000 vehicles per day. The negative externalities of the surrounding commercial uses and traffic on these properties do not favor long term residential uses in the area. In fact, none of the three properties have been owner occupied for at least the past 25 -30 years. Staff feels that these parcels are appropriate for commercial uses and with proper design and buffering will be compatible with the neighborhood. Despite the removal of 3 single family properties, the residential neighborhood will be preserved and will remain intact as a viable residential neighborhood. STAFF RECOMMENDATION Staff recommends that the Comprehensive Plan and the Southwest District Plan be amended to designate the land use for 1014, 1016, and 1022 Hudson Avenue (Lots 16 -19 of Bailey and Beck Addition) as General Commercial. ATTACHEMENTS 1. Location Map 2. Southwest District Plan Roosevelt Subarea Plan Map 3. Staff report from June 20, 1991 4. Planning and Zoning Commission minutes from July 18, August 1 and August 15, 1991 Approved by: -' Robert Miklo, Senior Planner, Department of Planning and Community Development 1S a2�`dH��O V and O � O O O O O rye u 0 J ccn n J N � O � r k W W Q 0 ce F- cn V and O � O O O O O rye u O Q U N 06 0 N N W W Q ce F- cn O Q U N 06 ! � 2 } f k oil \ � � .\ z 04 I � cc -0= Lm STAFF REPORT To: Planning & Zoning Commission Item: Hudson Ave - Comprehensive Plan Amendment GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: BACKGROUND: Prepared by: David Schoon Date: June 20, 1991 Residents of the Hudson Avenue Neigh- borhood. Contact: Karen Hradek Comprehensive Plan Amendment from General Commercial to Single - Family Residential, 2 -8 dwelling units per acre. To retain single - family residential use of the subject properties. Lots 16 -19 & 22 of Bailey and Beck Addition. (See attached location map.) Single- family residential: RS -8. North - Residential, RS -8. East - Commercial, CC -2. South - Commercial, CI -1 & CC -2. West - Commercial, CC -2. General Commercial. In January, 1991, the City received a request from Iowa City Landscaping to rezone Lots 22 and 23 of Bailey and Beck Addition from RS -8 to CI -1. In recent years, Ken Ranshaw has attempted to rezone Lots 16 and 17 of Bailey and Beck Addition from RS -8 to CC -2. The neighborhood has objected to both rezoning requests, because the neighborhood wants to preserve the residential neighborhood and also believes that the rezoning of property in the southern portion of the neighborhood will have significant negative impacts on the remainder of the neighborhood. The Ranshaw's rezoning request was denied by both the Planning and Zoning Commission and the City Council. The Iowa City Landscaping rezoning request was recommended for denial by the Planning and Zoning Commission at its April 4, 1991, meeting. However, at its April 18, 1991 meeting, the Planning and Zoning Commission voted to reconsider the rezoning request. Consideration of the rezoning request has been deferred until the Comprehensive Plan issue has been resolved and/or a compromise has been reached between the applicant and the neighborhood regarding the rezoning request. As a result of these recent rezoning requests, the neighborhood has requested that the Comprehensive Plan be amended to show residential uses as the preferred uses on the subject properties. F Though residential uses presently occupy the subject properties and have occupied them for a number of years, the area of the subject properties has been designated for general commercial use in the Comprehensive Plan since at least 1978. The following analysis examines the rationale behind designating the subject properties for commercial uses and the continued validity of that rationale. ANALYSIS: The 1989 Comprehensive Plan lists a number of policy statements which are to assist policy makers in making decisions (pp. 2 -7). A number of these policies specifically apply to the location of commercial uses and the location of residential uses. Since the Comprehensive Plan designates the subject area for commercial use, it is appropriate to begin the analysis with the policy statements which relate to the location of commercial uses. The general policies of the Comprehensive Plan encourage commercial development along those major trafficways within the community that are designated as part of a commercial core. It is assumed that exposure to highway traffic is desirable for many commercial activities. The Comprehensive Plan also assumes that new businesses should be located "in existing core areas where appropriate, to facilitate the provision of city services and maximize efficiency," therefore, it is important that land located in designated commercial cores be utilized for commercial purposes. Due to the fixed amount of land in existing commercial cores and the pressure to expand commercial uses into non - commercial designated areas of the city, it is important for the city to continue designating land located in commercial cores for commercial uses. The subject properties are located in an area designated as a commercial core and are surrounded to the east, west, and south by commercial uses. The subject properties are also located near a major trafficway, Highway 1 West, and can attain easy access to this major trafficway. The subject properties, therefore, are ideally suited for commercial uses as presently designated in the Comprehensive Plan. If the subject properties continue to be used for residential uses in the long- range, continuity of the commercial core would be interrupted and pressure commercial development elsewhere. The general policies stated in the Comprehensive Plan also provide guidance on the location of residential uses and the preservation of existing residential uses and neighborhoods. The Comprehensive Plan states that "the housing needs of low- moderate income households and special populations such as people with disabilities and the elderly should be accommodated" and that consideration must be given to the "diverse needs of renters and homeowners in making residential development decisions." The Comprehensive Plan goes on to state that: "Rehabilitation and investment in existing neighborhoods should be encouraged to maintain housing stock and preserve desirable neighborhood characteristics, particularly in older neighborhoods. Older neighborhoods provide a considerable portion of the City's affordable housing stock and should be preserved for that, among other reasons." The Hudson Avenue neighborhood is recognized as providing affordable housing for both renters and homeowners. Property owners have taken the effort to preserve their neighborhood by rehabilitating and investing in their homes and neighborhood through not only private funds, but also public funds. There is no doubt that, as a whole, the Hudson Avenue neighborhood has developed a desirable character. However, the desirability of the conditions in which the subject 3 properties exist is questionable. The subject properties are surrounded by commercial uses to the east, south, and west. The properties are extremely close to a major trafficway which has a traffic count of over 18,000 cars per day. The negative externalities of surrounding commercial uses and traffic on the subject properties on the south end of Hudson Avenue do not favor residential uses in this area. In fact, owners of three of the five subject lots have made attempts to rezone their property from a residential use to a commercial use. The location of commercial activities and a major trafficway near residential uses has negative impacts on the remainder of the neighborhood. The Comprehensive Plan states that efforts should be made to "minimize the negative impacts of arterial traffic on residential neighborhoods" and efforts should be made to "preserve to the maximum extent possible, the desirable characteristics of existing residential neighborhoods through appropriate street design." In conjunction with the most recent rezoning request in the area, an effort was made to preserve the residential character of the neighborhood by recommending a street design for Hudson Avenue that would reduce the negative impacts of nearby arterial traffic and commercial activities. The neighborhood presently does not support the plan, but has indicated that they might consider it in the future. Also, any rezoning of property to a commercial use should require suitable architectural or natural buffers between the commercial uses and the low density residential uses to further separate the two uses. STAFF RECOMMENDATION: Staff recommends that the 1989 Comprehensive Plan Update continue to designate the land use for Lots 16 -19 & 22 of Bailey and Beck Addition as General Commercial. ATTACHMENTS: 1. Location Map. 2. Comprehensive Plan Map. 3. Map of lots and existing zoning designations. Approved by: q c , gfioe ✓ Monica Moen, Senior Planner Department of Planning and Program Development F I a 0 W. 'Ahf -r Rom IAIM Mimi F.aw Ago --- Hudson Avenue Comprehensive Plan Amendment 2 15if I G I I I I • I � p I • 1 I s � ' RSA 8 - I I CO ! l0 N I. N ri M ■ Ln I Q M � N I N t1) I ri i ■Ln N ■ to N 1 N I * tp LO &-,I- w O co In N ri CC CI1 CC 310 AVIA M 31yM Planning & Zoning Commission July 18, 1991 Page 5 3° Public hearing on an amendment to the Comprehensive Plan to change the land use designation from General Commercial to Residential (2 -8 dwelling units per acre) for Lots 16 -19 and 22 of Bailey and Beck Addition located north of Highway 1 West along the south end of Hudson Avenue. Schoon stated that this item was the result of a request from the neighbors in the area to have the Commission consider the re- designation of this area in the Comprehensive Plan for residential uses. Schoon reviewed the staff report dated June 20, 1991. Staff recommended that the 1989 Comprehensive Plan Update continue to designate the land use for Lots 16 -19 and 22 of Bailey and Beck Addition as General Commer- cial. Public discussion was opened at 8:05 p.m. Norval Tucker. 1600 Prairie du Chien, indicated that he and his wife own the property at 1022 Hudson Avenue. He noted that all of the neighbors understand the considerable time and effort staff has put into its analysis, although they might disagree with staff's conclusions. He stated that with each rezoning request in this area, either staff or a member of the Commission has referred to the Comprehensive Plan. He indicated that this has lead the neighbors to make a formal request to amend the Comprehensive Plan to show residential use as the preferred use in the area. He said this should help the neighbors avoid having to come before the Commission at fairly frequent intervals to present the reasons to retain Hudson Avenue as a residential street. He noted that the Comprehensive Plan suggests that major trafficways should be designated as part of a commercial core and in his opinion this seems to be the primary issue. He indicated that it seems to him that the City staff looked at the map and saw a highway while ignoring the residential street in the area. He said that the effect of this was to recommend that the commercial uses should be imposed on the residents of Hudson Avenue. Tucker stated that the Comprehensive Plan recommends that commercial uses be located in existing commercial cores for efficiency, but he indicated that he does not understand how this would relate to Hudson Avenue. He stressed that the property he owns on Hudson Avenue only has access onto Hudson Avenue and not onto Highway 1 West. He expressed his disagreement with staff that changing the land use designation for these lots would force commercial uses to develop elsewhere in the City. Tucker informed the Commission that the preservation of the residential character of Hudson Avenue is the primary concern of the neighbors. He said staff has indicated that the land on the southern end of Hudson Avenue is not desirable for residential use, but he noted that after living in the neighborhood for 30 years, he finds this conclusion to be presumptuous. Tucker said they successfully gardened on their property and to say that the land is ideally suited for commercial use is wrong. He stated that while covering a site that is well suited for agricultural use with asphalt may be legal, it is far from ideal. Tucker pointed out that staff has indicated that the owners of three of the subject lots have requested rezoning in recent years. He stressed that it needs to be mentioned that these lots were purchased with the intention of requesting rezoning and that this justifies the neighbors' concern. He Planning & Zoning Commission July 18, 1991 Page 6 emphasized that the practice of people buying property in a residential neighborhood with the intention of changing the character of the neighborhood is a hazard many people in Iowa City face. Tucker noted that staff mentioned the proposal to redesign the streets in the neighborhood, but he stressed that there are still questions about the acceptability of this alternative to the neighbors and its effects on fire protection. He noted that the proposal contradicts the purpose of the neighbors' request because it removes access from the properties at the south end of Hudson Avenue from the rest of the neighborhood so it would require revision before it could be considered acceptable. Tucker stressed that continuing residential zoning on the subject properties would be the best buffer against commercial encroachment and he reminded the Commission of the need for moderately priced family housing. Tucker said he recently received multiple inquiries without advertising for his property from people who are in need of moderately priced rental housing near a good school. He stressed that the need exists in Iowa City and asked the Commission to support the neighbor- hood's efforts to fulfill some of that need. Karen Hradek. 924 Hudson Avenue, stated that the neighbors care about protecting their boundaries and are sincere and persistent in their efforts. She noted that when this issue was first discussed earlier in the year, staff did a turnaround on the issue and began favoring the development of a commercial strip in this area. She indicated that it seems to her that politics became an issue. Hradek stressed that the neighbors take pride in both their homes and their yards and that the families who live within viewing distance of the subject properties have 325 years of continuing habitation in their homes. Hradek emphasized that there is a need to distinguish between people who live in the area and those who have businesses in the neighborhood. She stressed that businesses tend to leave a site once they have outgrown a location. Hradek reported that one result of having businesses next to neighborhoods is that the residents become walled -in because of screening requirements. She noted that on the Hudson Avenue side of the Iowa City Landscaping property, there is a maintenance area which includes equipment and supplies which is not an attractive sight for those living in the neighborhood. She stressed that increasing the number of businesses in the neighborhood will increase this problem. Hradek noted that the neighbors want a nice place to live while the businesses are only desiring to make money over the short-term and will move out of the neighborhood when there is a need to expand. Hradek indicated that the Council is in favor of affordable housing and she said affordable housing currently exists on Hudson Avenue. Mary Sweating. 915 Hudson Avenue, stated that she does not want to have commercial designation in the Comprehensive Plan for this area. She asked if anyone had information regarding when the traffic light would be installed along Highway 1 West. Ken Renshaw indicated that the bids for the traffic light will go out after the project has been approved by the Council and lights will be located at Miller Avenue and Orchard Street at Highway 1 West. Planning & Zoning Commission July 18, 1991 Page 7 Mary Ann Gerard 921 Hudson Avenue, stated that she has lived in the neighborhood for 23 years. She stressed that it is a pleasant neighborhood to live in and that she wants it to remain this way. She expressed the opinion that changing the Comprehen- sive Plan designation for the area to RS -8 would be appropriate. Jeff Kern. 820 Hudson Avenue stated that he has lived in his home for 15 years. He indicated that he feels the Comprehensive Plan land use designation for the area as, commercial doesn't offer an incentive to property owners to maintain residential homes if they desire to have a commercial use in the area. Helen Jahnke, 942 Miller Avenue, informed the Commission that she and her husband purchased their home in 1954. She said they moved to the neighborhood because it was close to their employment at the hospital and was near a school. She reported that all the structures on Miller Avenue are single - family homes except for one structure. She stressed that the subject properties provide moderately priced single - family housing and asked that the situation be retained so that other properties in the area will have a buffer from commercial uses. Jahnke stated that he is also speaking for Elizabeth Reynolds who has recently improved her home and for Bob and Effie Rettig who are a young couple working to buy their own home. Jahnke stressed that she would like to keep the neighborhood residential for as long as is possible. Elmer Ferrel 952 Miller Avenue, stated that he has lived in the neighborhood since 1950 and built his own home over a two -year period. He reported that he and his wife have raised five children in their house and he would like to have the neighborhood kept as it has been in the past. He indicated that he feels changing the land use designation in the Comprehensive Plan would help in achieving this goal. Paul Dykstra Iowa City Landscaoino stated that they originally wanted to rezone Lot 22 and still might request that this be done in the future. He stressed that he feels the number of vehicles that travel on Highway 1 West will greatly increase when Waimart is constructed. He indicated that originally, their business was accused of wanting to buy all of the houses along the street which would not be financially feasible, and they are now being accused of planning on leaving the neighborhood when they outgrow the current location. Dykstra stressed that by tradition, nurseries stay in one location and he indicated that he would like to see the business stay at its current location. Larry Schnittier. MMS Consultants, stated that staff's position has always been consistent and any changes have been in the interpretation based on what staff has been asked to review. He emphasized that staff has consistently recommended that the Comprehensive Plan not be changed while it has recommended that specific rezoning requests be denied as inappropriate at that time. Planning & Zoning Commission July 18, 1991 Page 8 Ken Renshaw, Paul's Discount, stated that he supports the staff recommendation and the current Comprehensive Plan designation for the subject properties. He stressed that he maintains his rental property which he owns in the area. Jeff Kern responded that he did not intend to imply that Renshaw does not maintain his property, but he merely meant to say that the land use designation in the Comprehensive Plan does not offer incentives for maintenance. Public discussion was closed at 8:36 p.m. Scott stressed that staff has consistently recommended retaining the commercial designation for these lots in the Comprehensive Plan. Reid moved to continue the public hearing on an amendment to the Comprehensive Plan to change the land use designation from General Commercial to Residential for Lots 16 -19 and 22 of Bailey and Beck Addition located north of Highway 1 West along the south end of Hudson Avenue to August 1, 1991. Gibson seconded. The motion carried 4 -0. 4. Public hearing on an amendment to the Comprehensive Plan to change the sequence of development from Phase 11(2000 -2010) to Phase 10 989 -19991 for an approximate 315 acre undeveloped area generally located south of Wetherby Park and Grant Wood School, along both the east and west sides of Sycamore Street, and within the corporate limits. Schoon stated that he could answer any questions that the Commission might have on either the June 20, 1991, staff report or the staff memorandum dated July 18, 1991. Information regarding bonding by the City was distributed at Cook's request. Cook suggested that line one on page two of the staff memorandum dated July 18, 1991, instead of reading that "additional neighborhood parkland may be needed to serve the needs of the projected residential population," this section of the amendment should read that "additional neighborhood parkland will be needed to serve the needs of the projected residential population." He noted that this language is supported by the Comprehensive Plan. The public hearing was opened at 8:51 p.m. There was none. Gibson moved to close the public hearing at 8:51 p.m. Cook seconded. The motion carried 4 -0. Gibson moved to approve the adoption of the Comprehensive Plan text amendments as stated in the staff memorandum dated July 18, 1991, to change the sequence of development from Phase 11 to Phase I for an approximate 315 acre undeveloped area in the South Area of Iowa City. Cook seconded. MINUTES PLANNING & ZONING COMMISSION AUGUST 1, 1991 PAGE 2 Public discussion was opened at 7:44 P.M. There was none. Public discussion was closed at 7:44 P.M. Gibson moved to approve 5 -9114, the preliminary Large Scale Non - Residential Development (LSNRD) plan for Maher Brothers for a warehouse and office expansion located at 2470 South Riverside Drive, subject to the condition that no occupancy permit be issued until the water main has been extended to the site for fire protection. Cook seconded. The motion carried 4 -0. ZONING ITEMS: Public hearing on an amendment to the Comprehensive Plan to change the land use designation from General Commercial to Residential (2 -8 dwelling units per acre) for Lots 16 -19 and 22 of Bailey & Beck Addition located north of Highway 1 West on the south end of Hudson Avenue. Schoon referred to the staff report dated June 20, 1991, wherein staff recommended that the Comprehensive Plan continue to designate the preferred use for Lots 16 -19 and 22 of Bailey & Beck Addition as General Commercial. Public hearing was open at 7:45 P.M. Ncrval Tucker, 1600 Prairie du Chien, stated that one reason that the Commission deferred to the rezoning request of Iowa City Landscaping was to allow for a compromise. He stated that this is really not possible because there is not an intermediate zone available for the area. He noted that Iowa City Landscaping has indicated that they anticipate some changes to occur within the next ten years. He said if the business is sold, then the expanded commercial area could be used by other commercial uses that would be less desirable in a residential neighborhood. Tucker noted that the Commission recently worked out a compromise with the developer on the Peninsula area to permit an area to remain at RS -8 zoning as long as the development retained the density that would be allowed under RS -5 zoning. He stated that now the property has been sold and a proposal is before the Commission that does not need to abide by that agreement. Tucker said that with that as an example, the neighborhood feels it is necessary to have more protection than they currently have. I(siren Hradek, 924 Hudson Avenue, stated that at the last formal meeting, the Commission heard a number of neighbors speak from their hearts. She reviewed the names of the people who have sent notarized letters to the Commission and Council to support the amendment to the Comprehensive Plan. She said that the people who have sent letters to the Council have lived in the neighborhood for a total of 327 years. Hradek said that the residents choose to live in this neighborhood for the quality of life and noted that it is close to schools, MINUTES PLANNING & ZONING COMMISSION AUGUST 1, 1991 PAGE 3 employment, and shopping areas. She reminded the Commission that the Council believes in the concept of organized neighborhoods and affordable housing and she asked for the Comprehensive Plan designation to be changed. Linda Dykstra Iowa City Landscaping. verified that the only change proposed for the future may be the need to move the construction aspect of Iowa City Landscaping to another location. She stressed that this would not be a detrimental change for the neighborhood. Dgnnis Dvkstra Iowa City Lands aping, stated that they purchased two properties fully aware of the Comprehensive Plan designation as commercial. He said that they asked the realtor if they could make an offer subject to the zone change, but were unable to do so because of a competing bid. He explained that the purpose of purchasing these lots was to get more functional space to operate the business. Bovbjerg moved to close public hearing at 7:55 P.M. Cook seconded. The motion carried 4 -0. 2. Public discussion of an amendment to the Comprehensive Plan to change the land use designation from General Commercial to Residential (2 -8 dwelling units per acre) for Lots 16 -19 and 22 of Bailey & Beck Addition located north of Highway 1 West along the south end of Hudson Avenue. Cook moved to defer to August 15, 1991, public discussion of an amendment to the Comprehensive Plan to change the land use designation from General Commercial to Residential (2 -8 dwelling units per acre) for Lots 16 -19 and 22 of Bailey & Beck Addition located north of Highway 1 West along the south end of Hudson Avenue. Bovbjerg seconded. The motion carried 4 -0. 3. Public hearing on an amendment to the Comprehensive Plan to change the land use designation of approximately 50.32 acres of property from Intensive Commercial to Residential (8 -16 dwelling units per acre) and to change the land use designation of approximately 6.97 acres of property from Intensive Commercial and Highway Commercial to General Commercial. The subject properties are located north of the Highway 1 and U.S. 218 interchange, on the north side of Mormon Trek Boulevard. Schoon indicated that the applicant has requested a deferral of the zoning item to August 15, 1991. The public hearing was opened at 7:59 P.M. There were no public comments. Bovbjerg moved to continue the public hearing to August 15, 1991. Gibson seconded. Planning & Zoning Commission August 15, 1991 Page 3 cl Lighting which relates to the scale of adjacent development to maintain adequate security and to prevent a nuisance or hardship to adjacent property. d) No part of a filling station site located within 100 feet of the residential zone. el Any free standing sign must be located on the east one -half area of Lot 1. 4. Recommend by a 4 -0 -1 vote (Scott temporarily absent) that the City Council forward a comment to the County Board of Supervisors finding that CZ -9124, an application to rezone 32.48 acres located on Buckmayer Bend from A -1, Rural, to RS, Suburban Residential, is not consistent with the mutually agreed upon Fringe Area Policy for Area 4. 5. Recommend by a 5 -0 vote that the City Council forward a comment of no opposition to the Board of Supervisors for CU -9105, an application for a temporary ready mix plant located north of Interstate 80, West of Dubuque Street, provided that a one year time limit is placed on the permit. 6. Recommend approval by a 5 -0 vote of S -9122, the final plat of Regina Subdivision, a 49.18 acre, 2 -lot subdivision located north of Rochester Avenue and west of First Avenue, subject to legal papers being approved by the City Attorney's office prior to City Council consideration. 7. Recommend approval by a 5 -0 vote of 5 -9119, the final plat of Hickory Hill Ridge, an 8.05 acre, 16 -lot residential subdivision, located north of Winston Drive and south of Hickory Hill Park, subject to, 1) Council approval of the final plat of Regina Subdivision; 2) the conveyance of that 10 -foot wide portion of the existing 60 -foot wide access easement which runs the length of the North Seventh Avenue right -of -way extension; and 3) construction drawings being approved by the Public Works Department and legal papers being approved by the City Attorneys office prior to City Council consideration. CONSIDERATION OF THE MINUTES OF THE AUGUST 1 1991 MEETING: Cooper moved to approve the minutes of the August 1, 1991, meeting as circulated. Cook seconded. The motion carried 6 -0. ZONING ITEMS: 1� Public discussion of an amendment to the Comprehensive Plan to change the land use designation from General Commercial to Residential (2 -8 dwelling units per acre) for Lots 16 -19 and 22 of Bailey and Beck Addition located north of Highway 1 West along the south end of Hudson Avenue. Planning & Zoning Commission August 15, 1991 Page 4 Schoon reported that staff continues to recommend that the Comprehensive Plan continue to designate the subject lots for general commercial use. He reminded the Commission of its commitment to resume consideration of Z -9101 after the Compre- hensive Plan issue has been resolved. Public discussion was opened at 7:43 p.m. Norval Tucker. 1600 Prairie du Chien Road, made comments based on the Commis- sion's informal discussion on August 12, 1991. He indicated that it had been stated that the neighbors need to enumerate the underlying rationale for their desire to have the Comprehensive Plan designation change for this area. He explained that this was an established residential neighborhood before commercial development occurred in the area. He stated that the neighbors fear that the side effects of commercial develop- ment will extend further into the residential neighborhood and that he feels it is reasonable to want to keep these side effects limited. Tucker said he feels that the Comprehensive Plan encourages commercial development to encroach into the residential neighborhood. He explained that the apparent sacredness of the Comprehensive Plan amazes many people in the neighborhood and that he finds appalling a comment that was made at the informal meeting that if the Commission supports the needs of the residents of the neighborhood then they are being narrow minded. Tucker indicated that he feels business is necessary, but should not automatically take precedence over the daily lives of Iowa City residents. Tucker explained that he feels that there is nothing inherently wrong about an established residential neighborhood extending into an area that some non- residents have decided should become commercial. Karen Hradek. 924 Hudson Avenue, explained that the reasons the neighbors come back time and again is because they care about the quality of life in their neighbor- hood. She stated that this is the fourth time that a rezoning request has come up in the neighborhood and this triggered the request for an amendment to the Comprehen- sive Plan. She stressed that there was a constant threat to the quality of life and property of residents of the neighborhood. She reviewed the names of those who have written and/or have come before the Commission to support the proposed amendment to the Comprehensive Plan and noted that these individuals have 327 years of combined residency in the neighborhood. She asked the Commission to vote to change the Comprehensive Plan in order to assure that the neighborhood can maintain its quality of life and so that the neighbors are not continually threatened by whoever decides they would like to do something else with the neighborhood. Public discussion was closed at 7:48 p.m Cook moved to amend the Comprehensive Plan to change the land use designation from General Commercial to Residential (2 -8 dwelling units per acre) for Lots 16 -19 and 22 of Bailey and Beck addition located north of Highway 1 West along the south end of Hudson Avenue. Cooper seconded. Planning & Zoning Commission August 15, 1991 Page 5 Bovbjerg moved to amend the main motion to refer to Lots 16 through 19 only and not to Lot 22. Reid seconded. Scott clarified that the amendment to the motion would change the designation on the east side of Hudson Avenue and leave the designation for general commercial on the west side of Hudson Avenue. Bovbjerg explained that she feels the Comprehensive Plan should look to the future, but should not be totally inflexible. She stressed that it's important to consider the present uses of the land, the concerns of the neighbors, and how the area will be vital in the near future. She said she feels it is necessary to preserve the best of what is in the neighborhood. Reid expressed her support of the amendment because she feels it is what is best for the parties involved. She noted that Lots 16 -19 have been used for residential uses while Lot 22 had been used for commercial use, although this use was not legal. Cook stated that he had vacillated on this issue. He said it is possible that a vote to change the Comprehensive Plan as it affects Lots 16 -19 would be to foreclose the options of this and future commissions regarding the use of these lots. He noted that Highway 1 carries approximately 18,000 cars per day and this number will probably be increasing in the near future. He said that it would make sense to leave the Comprehensive Plan as it is, so to leave the options open for the current and future owners of the subject lots. He said the easy political choice would be to change the Comprehensive Plan and stressed that this is a very difficult decision. Cook stated that listening to the concerns of the neighbors is a legitimate planning function and that he will be voting in favor of the amendment to the main motion. Cooper stated that he lives in the neighborhood and has mixed feelings because of traffic concerns, but he will be voting in favor of the amendment. Gibson limited his comments to the issue of the amendment to the main motion. He said this is a difficult decision and he does not feel that splitting the neighborhood down the middle with residential uses extending to Highway 1 is a desirable result. He expressed concern that there would be ambiguity about the neighborhood's boundaries and its future. He stated that while it is clear this is a compromise, he is not sure that it is a good compromise. Scott noted that Lot 22, which is the only subject lot on the west side of Hudson Avenue, has been utilized for some time for commercial use. He said changing the Comprehensive Plan on the east side of Hudson Avenue recognizes the existing residential uses. He indicated that if the Council affirms a positive recommendation from the Commission, then the City will be saying to the property owners on the east side of Hudson Avenue that this area should remain residential. He said that while this may be a compromise, it is not necessarily a bad compromise. Scott said that he did not hear a comment made at the informal meeting and if one was, in fact, made, he would hope that it was not intended or meant as Mr. Tucker interpreted it, that the neighbors were narrow minded in their belief in the legitimacy of changing the Comprehensive Plan. The motion to amend the main motion carried on a 5 -1 vote. (Gibson voting in the negative.) The main motion carried on a 6 -0 vote. Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 35243 RESOLUTION NO. A RESOLUTION AMEND NG THE COMPREHENSIVE PLAN ONG HE LAND USE DESIGNATIO FROM SINGLE-FAMILY/DUPLEX. IUNTIM TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT RORTIAEAST CORNER OF THE INTERS TION OF HIGHWAY 1 WEST A " ObSON A UE (1014, 1016, & 1022 HUDSO AVENUE) c WHEREAS, the Iowa City C mprehensive Plan serves as a and -use planning guide by illustrating and describing the loca 'on and configuration of appro riate land uses throughout the City, provides notification to the pu lic regarding intended use of land; and illustrates the long range growth area limit for the City; d WHEREAS, if circumstances ch ge and /or additional ' formation or factors come to light, a change to the Comprehensive Plan m y be in the public i erest; and WHEREAS, the general principles o the Comprehens' a Plan encourage commercial development along major arterial streets; and WHEREAS, The Comprehensive PI r commercial centers in order to discourage s WHEREAS, the subject properties are and WHEREAS, the properties are adjacent curb cut on Highway 1; and WHEREAS, the City received a requ( WHEREAS, it is in the City's intere use in order to have better land use trans' ioi WHEREAS, the Planning and Zor determined that circumstances ave comprehensive plan is warranted also recgr'iimends focusing commercial development in rround4d by commercial uses on the east, west, and south; hway 1 and can be accessed from an already existing 4 to rezone the subject properties; and to e both sides of the street with zones that are similar in is a side or rear lot lines rather than along front lot lines; and ing Commission has reviewed this amendment and cha ed to the extent that an amendment to the NOW, THEREFORE, BE IT ESOLVED BY XHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: / 1. It is in the public interest to concentrate ommercial uses along arterial streets and in existing commer ial cores. 2. The land use signation for 1014, 1016, & 1022 Hudson Avenue shall be changed from Single Family uplex Residential to General ommercial in the Iowa City Comprehensive Plan and th Southwest District Plan. Passed and apprdved this day of 2011. A' CITY CLERK MAYOR: by: City Att &,ney's Office city Y of Iowa City �G MEMORANDUM Date: May 19, 2011 To: Planning and Zoning Commission From: Christina Kuecker, Associate Planner RE: REZ11 -00008 — 1014, 1016, & 1022 Hudson Avenue At the May 5 meeting a question came up regarding the lighting on the existing commercial, including Paul's Discount, and the lighting on the proposed commercial at 1014, 1016, & 1022 Hudson Avenue. Staff checked with the Housing and Inspection Services Department (HIS) on the requirements for lighting. In regards to the lighting on the existing commercial, if it can be made compliant by re- aiming the fixture, it must be brought into compliance. HIS is checking to see if this is a possibility. Any new lighting is required to meet the current lighting standards when installed. To: Planning & Zoning Commission STAFF REPORT Prepared by: Christina Kuecker Item: REZ11 -00008 Date: May 5, 2011 1014, 1016, and 1022 Hudson Avenue GENERAL INFORMATION: Applicant: Ranshaw Limited Partnership 463 Hwy 1 Iowa City, IA 52246 Owners: 1014 & 1016 Hudson Avenue Shirken LLC 463 Hwy 1 W Iowa City, IA 52246 Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: and 1022 Hudson Avenue Ranshaw Limited Partnership 463 Hwy 1 W Iowa City, IA 52246 Kurt Ranshaw (319)331 -2626 Comprehensive Plan amendment from residential to commercial and Rezoning from RS -8 to CC -2 To allow commercial development 1014, 1016, and 1022 Hudson Avenue (northeast corner of Hudson Avenue and Hwy 1) 0.69 acres Single Family Residential (RS -8) North: Single Family (RS -8) South: Commercial (CC -2) East: Commercial (CC -2) West: Commercial (CI -1) Southwest District Plan — shows the area as Single - Family /Duplex Residential. March 30, 2011 May 14, 2011 The area is currently served by public utilities 2 Public Services: The area is served by the Westport and Oakcrest Nights & Weekends bus routes. BACKGROUND INFORMATION: The rezoning history of the subject properties; 1014 (Lot 16), 1016 (Lot 17), and 1022 (Lots 18 & 19) Hudson Avenue; goes back to 1981 when a request was made to rezone 1014 and 1016 Hudson Avenue from Residential to Commercial. This lead to neighborhood opposition because of the potential adverse effects on the residential to the north and south and the application was withdrawn. Again in 1988, a request was made to rezone 1014 and 1016 Hudson Avenue to Commercial. Staff recommended against the rezoning because of adverse effects the rezoning would have on the residential properties to the north and south. Staff also recommended that if 1022 Hudson Avenue was also rezoned to Commercial then the rezoning would be appropriate and would fit the policies outlined in the Comprehensive Plan. The application received neighborhood opposition and was withdrawn. Then in 1990, the same request was made again to rezone 1014 and 1016 Hudson Avenue to Commercial. Staff and neighborhood concerns were the same as the 1981 and 1988 rezoning requests. The Council denied the application because of the increased traffic and noise on the adjoining RS -8 neighborhood; the parcels would have no frontage along Highway 1, the commercial corridor for the area; and the rezoning would cause isolation of the residential lot at 1022 Hudson Avenue from other residential uses. In 1991 the neighborhood requested for the Comprehensive Plan to be changed for the eastern side of the southern portion of Hudson Avenue (11014, 1016, and 1022 Hudson Avenue) from General Commercial to Residential. This change was made and is the reason the Southwest District Plan shows Residential in this area. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighborhood representatives. ANALYSIS: Zoning and the Comprehensive Plan: The current zoning of the property is Medium Density Single Family (RS -8) and allows detached single family houses with duplexes on the corners. The proposed zoning is Community Commercial (CC -2) which allows commercial uses, particularly uses that require access from major thoroughfares. The Comprehensive Plan and Southwest District Plan show this area as Single Family /Duplex Residential. A Comprehensive Plan amendment will need to take place if the proposed rezoning is to be approved. In general, the Comprehensive Plan and Southwest District Plan indicate Highway 1 as a commercial corridor. In addition the single family residential uses are not a compatible use along such a busy arterial street. Previous applications to rezone 1014 and 1016 Hudson Avenue were not approved because this would have left 1022 Hudson Avenue as an isolated residential use surrounded by commercial and would have directed commercial traffic onto Hudson Avenue. Staff recommends that the set a public hearing to amend the Comprehensive Plan and Southwest District Plan for the next meeting to change the designation of these properties from residential to general commercial. Neighborhood Compatibility: The properties to the east, south, and west of the proposed rezoning are zoned Community Commercial (CC -2) and Intensive Commercial (CI -1). The C] properties to the north are zoned Medium Density Single Family Residential (RS -8). The existing single family is surrounded on three sides by commercial uses. Staff finds that if appropriate conditions are in place regarding building placement, screening, and vehicular access the proposed rezoning would be compatible with the neighborhood. The applicant has submitted three concept plans. The concept plans generally show the building located in the north portion of the property and the parking located close to the street. Two of the concept plans show access from the parking area on to Hudson Avenue. The other does not. Staff feels that the building locations in all three concepts are appropriate, but does not believe that there should be commercial vehicular access onto Hudson Avenue. In addition, staff believes that there should be vegetative screening between any parking and the north property line. Traffic and Access: The proposed rezoning is located at the corner of Hudson Avenue and Highway 1. In order to prevent negative traffic impacts on the residential neighborhood to the north, staff recommends that the vehicular access to the property be limited to the Highway 1, as a cross access easement with the existing curb cuts for the property to the east. The applicant also owns the property to the east, so a cross access easement is feasible. The City is planning to install a wide sidewalk along this portion of Highway 1 and sidewalks along Hudson Avenue beginning this summer. Summary: In general, Staff believes that the proposed rezoning is compatible with the neighboring properties and is compliant with the general principals of the Comprehensive Plan. A Comprehensive Plan amendment will be needed in order to rezone these properties. Staff also believes that appropriate conditions need to be placed on the rezoning to mediate any adverse effects on the existing RS -8 neighborhood to the north. Appropriate conditions include screening along the north property line and limiting the vehicular access onto Hudson Avenue. STAFF RECOMMENDATION: Staff recommends that REZ11- 00008, an application to rezone 0.69 acres located at 1014, 1016, and 1022 Hudson Avenue from RS -8 to CC -1 be approved subject to a comprehensive plan amendment changing the plan map to show the area a General Commercial and a Conditional Zoning Agreement that addresses the need to screen the commercial uses from the residential uses to the north and to limit the vehicular access onto Hudson Avenue in order to protect the neighborhood from commercial traffic. ATTACHMENTS: 1. Location Map 2. Rezoning Exhibit 3. Comprehensive Plan Amendment Exhibit 4. Concept Plans Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development mJVHMJO I _ N o LLJ cm) ui V) C) Cf) :D 0- C) 0 4-J Ln 66 3AV NC sonH ) Iru7mlm,- 64 NEW_ fu 00 and 83TIM o j LU �oN y (.) vco Lu [rwj W ice" F- N C? .N. = N� = Q p ? w Lu X Z o Z c� Uw m3 w z En �o� Do � Gov jy w W m �Z U ^ U y U o- Z (� O � w y Q =Q U 2 0 Q Q Q O O w 55 U O U Q J m— I— O o N O w 0 N O LM � d a m n :c --o 0. C Z O co VJ �U� VDU NUC v� ° d ` O G C O U ..0 E- �rl w V% �++ W� mad LULL ^ L 0 a yNN E � c Z rw q ct3` 0 < ko a, OE v� O N ��'7� p N O t J w N N O m aD O fs.Q6 g doe y t Zd MM n 3„ ` o U) JUMiZ) d Q a� �i NO w� x a00 o� � ��/nn'J 4 l�I7Mn,,G�JOa gbt� H � O 1 ;� I I I N m �� c J�JJ � Q N p P M O cl NO2- 08 -43 -W 100.00' NO2'14'27 "W HUDSON AVENUE Q U — - o Z ` rn ° M zM � o � J � ai pp� 0 ZO i Q O P o� ---------------- ur a N L� I � W �QW 6VV✓ 3 Q M d Z ol M o N N Z — i Q O P o� ---------------- i Q O P o� _ �p n�u�.. -- - �,_ - - _ HUMN - _ AVENLF-_ Include in P &Z packet. From: Paula Swygard [mailto:pswygard @gmail.com] Sent: Tuesday, May 10, 2011 7:02 PM To: PlanningZoningPublic Subject: REZ11 -0008 at Hwy 1 and Hudson Avenue Members of the Planning and Zoning Commission, I attended the public hearing on May 5, 2011 regarding the REZ 11 -0008 and have some concerns about several issues discussed. 1. I would not be in favor of a curb -cut allowing access on and off Hudson if it were rezoned CC -2. People already exit from the Paul's complex by turning right onto Hwy 1, going west to Hudson, and turning right from Hwy 1 onto Hudson Avenue. I believe this would potentially bring even more traffic into the residential area as people could avoid Hwy 1 altogether by traveling through the Paul's complex parking to turn right onto Hudson to cut - through to Benton. Also it could possibly create a lot of traffic congestion at the the corner of Hudson and Hwy 1 if people wanted to use a curb -cut along Hudson to get in and out of that commercial area. If a curb cut were permitted, it would probably need to be located far enough away from Hwy 1 to avoid traffic congestion, but that brings vehicles in closer to the residential area. 2. Parking along the west side (Hudson side) of any building should not be part any new commercial design. Cars parked there would be highly visible to Hudson residents. This would also bring additional noise into a residential area with car doors slamming and the normal activities of commercial use. Lighting would also be a concern. The same applies to placing windows on the north side of any building bordering residential property on Hudson as there would not be enough privacy between buildings and their uses. 3. Some sort of dense vegetative (arborvitae) or fencing screen must be put into place to buffer the homes from commercial building should the property be rezoned. 4. The house at 1012 Hudson, which will become the first house next to the property if rezoned, is set back further from Hudson Avenue than others (see photo 1 below). This will allow more of any new commercial building to extend out into full view of residents on Hudson. Any building higher than the existing Paul's complex on this property would visually dominate the Hudson / Hwy 1 corner and further dwarf the home at 1012 Hudson. Building scale and design should promote a smooth transition with the small- sized, adjacent homes on Hudson and Douglass Ct. 5. The Paul's building along Hwy 1 is located behind Douglass Ct. and is close to the property line. There is a perception that there is a large mass of a building next to the smaller scale, affordable homes prevalent in the neighborhood. Photos 4 and 5 below show the distance between the Paul's complex and the back yards of homes on Douglass Ct. Applicant drawings presented show plans to continue new building along that same line, bringing new construction again very close to residential homes. The revised Iowa City Zoning Code states the rear lot line requires a setback at least equal to the required setback in the abutting Residential Zone which for RS -8 would he 20'. While I believe this will be more space than currently exists between the Paul's building and neighborhood homes, given the scale of the building compared to the homes, it doesn't feel like it's enough. I thought it would be helpful for the commission to see photos of the area being considered for rezoning as you decide whether to allow 1014, 1016, and 1022 to be rezoned from RS -8 to CC -2. It is difficult to get an accurate mental picture of the dimensions and spacing involved when just looking at a zoning map of the plats. If you are unable to see the photos or would like paper copies, please let me know. Photo 1 - The property at 1022 Hudson, which is part of the rezoning request, is the comer lot on Hwy 1 and Hudson Avenue. The house there, along with the vegetation except for the large tree, has already been demonlished. The photo above is that comer looking north into the Miller Orchard neighborhood from Hwy 1. 1016 Hudson, also part of the rezoning request, is the gray house on the left. Most notable in the photo is the house at 1012 Hudson Avenue, the small yellow house in the background with the car to its right, which is NOT part of the rezoning and would become the new division line between RS -8 and CC -2 if the rezoning takes place. To the far right is the Paul's complex and fencing dividing the current zonings. Photo 2 - The photo above shows the homes at 1014 and 1016 Hudson, owned by family connected to the applicant, which are currently zoned RS -8 and are properties in the rezoning request. You can see the current commercial property in the far background behind the van, but these homes have large back yards (see above photo for reference) which provides a better buffer between the RS -8 and CC -2 zones. Photo 3 - This yellow house is located at 1012 Hudson Ave and would become located next to commerical zoning along it's south side (right side of photo) if the rezoning is approved. Note the close proximity of the house at 1012 and the house to its right at 1014 which would be rezoned commercial. Also 1012 is set much further back to the rear of the lot away from the front property line. Photo 4 - The above photo shows the property line between the commercial zoning (the back of the Paul's Discount building) and the backyards (delineated by the fence) of homes on Douglass Ct Pro guessing it is approximately 10 -12'. Photo 5 - This photo was taken looking south with homes along Douglass Ct in the foreground. Paul's building dominates the background. Photos 6 & 7 - And finally, the next two photos are of Hudson Avenue. It is a heavily traveled cut - through with an average daily traffic volume of 775. These traffic study figures are available in the September 2010 JCCOG transportation study of the Miller Orchard Neighborhood. Cut - through traffic is not limited to autos. Photo 7 - Looking south on Hudson, the corner of Hwy 1 in the far background, and with cars parked along Hudson Avenue. Thank you for taking the time to look at the information and photos, and I hope this helps you consider all aspects of the impact that rezoning to CC -2 will have on the residential area adjacent to this rezoning proposal. Paula Swygard Marian Karr From: John Yapp Sent: Thursday, June 16, 2011 9:04 AM To: 'mary— knudson @msn.com' Cc: Jeff Davidson; Kathryn Johansen; Tom Markus; Dale Helling; *City Council; Ron Knoche Subject: RE: Hudson Street Good morning Ms Knudson — your email has been forwarded to me. You are correct that our Fiscal Year 2012 (which begins on July 1) Work Program includes a project to assess in more detail potential changes to Miller St and Hudson Ave, including the pros and cons of one -way designations, traffic calming, the potential for a truck embargo, changes to traffic signal timings, etc. We will be collecting additional traffic data later this summer, and will follow up with a neighborhood meeting to discuss options. Also included in the fiscal year 2012 budget is a project to add sidewalks in the neighborhood to improve pedestrian accessibility. This project will likely be ready for construction in calendar year 2012. The rezoning of the properties fronting on Hudson St include an access restriction, so there will be no direct access to Hudson from the commercial properties. Thanks for your note —your email will be copied to the City Council. John Yapp, Transportation Planner From: Mary Knudson [mailto:mary— knudson @msn.com] Sent: Wednesday, June 15, 2011 10:33 PM To: Council Subject: Hudson Street To: The Iowa City Council From: Mary Knudson, Miller Orchard Neighborhood Association 725 West Benton St. Iowa City, Iowa 52246 Date: June 15, 2011 I am writing to request a Truck Embargo be placed on Hudson Street. The Iowa City Planning and Zoning Commission recently approved a rezoning from Medium Density Family Single (RS- 8) zone to Community Commercial (CC -2) zone for approximately for property located at 1014, 1016 & 1022 Hudson Avenue. This rezoning Will allow the Paul's strip mall on Highway 1 to extend to Hudson Street. I am concerned that this will result in an increase in traffic and in the number of trucks that go down Hudson. With more businesses in this mall area, you can expect more traffic. Because it is difficult to make a left hand turn from Hudson onto Highway 1, drivers oftentimes elect to take a right turn out of Paul's parking lot on to Highway 1, and then turn right on Hudson to get back to Benton St. Trucks leaving Paul's may also find using Hudson a convenience through street to Benton. There are truck tire dents on the corner southeast corners of the city's right of way at Benton /Miller Streets and Benton /Hudson Streets as a result of such truck traffic. A traffic study of the Miller Orchard neighborhood shows 795 cars going on Hudson daily with the speed at the 85th percentile being 33 m.p.h. This is even more concerning given that this street has no sidewalks. Before this zoning change, the Transportation Plan developed by the Johnson County Council of Governments (JCCOG — currently MPOJC) already included the need to assess traffic calming on Miller and Hudson to help ease the high amount and speed of traffic through our residential streets. I ask that to help attain this goal, please put a Truck Embargo on Hudson Street. 2 City of Iowa City MEMORANDUM Date: June 21, 2011 To: City Council From: Sarah Walz 06 -21 -11 RE: A resolution extending the period of effectiveness of the preliminary plat of Stone Bridge Estates, Parts 7, 8, and 9, Iowa City, Iowa to July 28, 2013 (SUB09- 00004). Siting a slowdown in the housing market, John Moreland of Arlington Development has requested a two -year extension for the preliminary plat of Stone Bridge Estates Parts 7 -9, which is due to expire on July 28, 2011. Preliminary Plats are valid for a period of 2 years from the date of approval, however, Iowa City's subdivision regulations allow applicants to request an extension. The preliminary plat for Stone Bridge Estates parts 5 -9 was originally approved in 2006, but only Part 5 was final platted before the expiration date in 2008. Arlington Development then applied for a new preliminary plat for parts 6 -9 in 2009. At that time all aspects of the plat were brought into compliance with the new subdivision regulations with the exception of street right -of -way widths. Part 6 has been final platted and is under construction. The new subdivision regulations, adopted in 2008, require 60 -foot rights -of -way with 5 -foot sidewalks. Because portions of Colchester and Arlington Drives and Chadwick Lane had already been constructed using the old 50 -foot standard with 4 -foot sidewalks, City staff and the Planning and Zoning Commission recommended , and Council approved the preliminary plat for Parts 6 -9 with the continuation of these rights -of -way at the 50 -foot width. Two one -block length connector streets: Norfolk and Liverpool Lane were also approved with the 50 -foot width. Thames Drive, which provides a connection to undeveloped land to the east was required to meet the 60 -foot standard, including the 5 -foot sidewalks. The plat satisfies all other current subdivision requirements. Staff continues to support the plan for developing Stone Bridge Estates Parts 7 -9 as approved in July, 2009 and recommends approval of the 24 -month extension. ATTACHMENTS: 1. Letter from the applicant 2. Location Map 3. Preliminary Plat and Sensitive Areas Development Plan Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Arlington Development RE: Stone Bridge Preliminary Plat To: Iowa City, City Council Council members, LiLaf D2 S' � av- „2csrI The preliminary plat for Stone Bridge Part 7, 8 and 9 were approved at the end of July, 2009. The preliminary plats are only effective for two years. Due to the slowdown in housing I would like to ask the council to extend parts 7,8 and 9 for two more years from the date of expiration. Sincerely, John Moreland, Jr. r� a n -,M. rU sv f`J 0 O LO a am 0 z C) �d G2iOJ Ln vm m I 77 o N z LCD O ITE dA O ,. V PRELIMINARY PLAT & SENSITIVE AREAS DEVELOPMENT PLAN STONE BRIDGE ESTATES — PARTS SIX — NINE & RESUB'D OUTLOT "C" PART FOUR —W-1 IOWA CITY, IOWA 17 A I,- Ir A SDW VDU Al City of Iovre City I; 1 0 z 1 .1271 y1 lane cae T— tq J- SF.CTION DETAIL 1213 uuum �HQ;s 137 c 135r-i -! ljip 111110T OUTLOT B 114 112 ow. jil 171 !E: 166 111 2— 121 J 83 104 ..... ..... p 1 861 87; R 79 90 44 -E U4 L., 1A T.; YT TRAIL DETAIL 55 .. --------- A � �'�� _ � — � "�� ,m v�� \ .a "�[t�l fF,� �' �� `<�. �/ �. .b � e yam,! / //a _ tr 1 N 5 1"q �j r 4 PN- E7q A1115M A :Eg si 0 zm� ci C D O M 1 Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319 - 356 -5239 (SUB09- 00004) RESOLUTION NO 11 -227 RESOLUTION EXTENDING THE PERIOD OF EFFECTIVENESS OF THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES, PARTS 7, 8, AND 9, IOWA CITY, IOWA, TO JULY 28, 2013. WHEREAS, the Iowa City subdivision regulations indicate that approved preliminary plats shall expire after a term of 24 months; and WHEREAS, the preliminary plat for Stone Bridge Estates, Parts 6 -9 and Re- subdivision of Outlot C Part Four was originally approved and filed with the City Clerk on July 28, 2009; and WHEREAS, the owner, Arlington Development, has submitted a letter to the Department of Planning and Community Development requesting an extension of the term of effectiveness of the preliminary plat for parts 7, 8, and 9 of Stone Bridge Estates to July 28, 2013; and WHEREAS, there have been no substantive changes to the subdivision regulations since the plat was last approved; and WHEREAS: Department of Planning and Community Development and the Public Works Department have reviewed the preliminary plat and recommended extension of the term of effectiveness; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. An extension of the period of effectiveness of the preliminary plat of Stone Bridge Estates Parts Seven to Nine, Iowa City, Iowa, to July 28, 2013, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 21st day of June 20 11 ATTEST: �'d CITY 'tERK s \pcd \sub -09 -00004 - extension resolution (2).doc Matthew J. Hay k 4 /I R Approved by ity Attorney's Office Resolution No. 11 -227 Page 2 It was moved by Wright adopted, and upon roll call there were: AYES: x X x x x X —x and seconded by NAYS: Bail ABSENT: Bailey Champion Dickens Hayak Mimms Wilburn Wright the Resolution be � AMP-MM J . III at CITY OF IOWA CI MEMORANDUCmmmm Date: June 13, 2011 To: Tom Markus, City Manager From: Steve Long, Community Development Coordinator Re: UniverCity Neighborhood Partnership Update and Sale of 1207 Muscatine Avenue On July 1, the UniverCity Neighborhood Partnership Program will be selling its sixth home which is at 1207 Muscatine Avenue. To date, all available homes have sold. The UniverCity Program is currently renovating 11 homes (with four to be completed by the end of June) and will be acquiring eight homes on August 1 which will bring the total to 25 homes. The renovation for all homes has to be completed by December 31, 2011. The home at 1207 Muscatine has been one of the most visible and also one of the most challenging for the program. The home was occupied as a rental property for nearly 20 years and suffered from many years of deferred maintenance. However, the home was beautifully restored and quickly became an asset to the neighborhood and to the community. The home presented some unique and unforeseen challenges which added to the cost of the home. For instance, we discovered a buried underground gasoline tank that contained over 250 gallons of contaminated liquid, including gasoline, which was estimated to be over 50 years old. We had to remove the tank and properly dispose of the tank, in addition to environmental testing to ensure that the ground was not contaminated. Unfortunately, the tank was partially underneath the garage so we had to remove the garage. Also, just as the house was nearing completion, the water main broke so we had to replace the entire water main from the house to the street. The home is being sold for $199,000, but when you add the increased costs of the renovation the true price is closer to $213,000. We will be using funds set aside for affordable housing projects from the sale of a City right of way in 2007 to cover the remaining gap of around $14,000. In addition, the homebuyers are University of Iowa employees so they will be receiving downpayment assistance from the University. All of the renovation expenses will be reimbursed by the State or paid for through the sale of the home, so there will not be a cost to the City's general fund. Despite the unexpected expenses for this home, the UniverCity program is proud of the positive change to the neighborhood and of the partnership developed between the City, University of Iowa, Friends of Historic Preservation, Greater Iowa City Area Home Builders Association, Iowa City Area Association of Realtors, Hills Bank and Trust Co, UICCU, MidWest One, First American Bank, US Bank, Hawkeye Title Services and others during this and subsequent renovations. Prepared by: Susan Dulek, Assistant City Attorney, 41 LUTION NO. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION AUTHOgIZING CONVEYAN LOCATED AT 1207 MUISCATINE AVENUE. WHEREAS, the UniverCity Ne ghborhood Partne University of Iowa and the City �niversity encourage horn neighborhoods surrounding the of Iowa; N C C_ E OF A SINGLE FAMI jtow -- �� N rn hip Program is a joint e$ be weee ownership and reinvest ria nt in be nd r, w WHEREAS, the City has receiv d a $1.25 millio I -Jobs grant to assist in the acquisition and rehabilitation of twenty -five sing family home to provide affordable housing in designated neighborhoods surrounding the iversity of to a; and WHEREAS, Resolution 09 -384 1 authorized the City to acquire and rehabilitate properties consistent with the grant agre ment for -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased Muscatine Avenue, Iowa City; and WHEREAS, the City has received a sum of $199,000; and WHEREAS, this sale would provide University of Iowa; and / abilitated a single family home located at 1207 to purchase 1207 Muscatine Avenue for the principal rdable housing in a designated area surrounding the WHEREAS, on June 7, 2011, th City Council adopted a Resolution proposing to convey its interest in 1207 Muscatine Avenu , auth rizing public notice of the proposed conveyance, and setting the date and time for the ublic he ring; and WHEREAS, following the public hearing obi the proposed conveyance, the City Council finds that the conveyance is in the p blic interest.\ NOW, THEREFORE, BE IT /RESOLVED BY %THE CITY C OUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction f the City AttorneyMayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1207 Muscatine Avenue, legally described as part f Lot 4 of Carson's Subdivision, Iowa City, Iowa. 2. The City Attorn is hereby authorized to deliver said warranty deed and to carry out any actions necess ry to consummate the conveyance required by law. Resolution No. Page 2 It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: /ABSE Passed and approved this day Approved by City Attorney's Office the Resolution be Bailey 1 Champion Dickens Hayek Mims Wilburn Wright 2011. MAYOR .._. ° C-) TEST: C -) i �- CITY CLERK aa• M s c.3 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 1 1-228 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1207 MUSCATINE AVENUE. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -five single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 1207 Muscatine Avenue, Iowa City; and WHEREAS, the City has received an offer to purchase 1207 Muscatine Avenue for the principal sum of $199,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on June 7, 2011, the City Council adopted a Resolution proposing to convey its interest in 1207 Muscatine Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1207 Muscatine Avenue, legally described as part of Lot 4 of Carson's Subdivision, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. i i -22s Page 2 It was moved by Rai l ey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x_ Hayek x Mims Wilburn x Wright Passed and approved this @! sT day of ,Tune 2011. MAYOR ATTEST: CITY-GLERK Approved by City Attorney's Office Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTWN NO. RESOLUTION AUTHORIZG CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1551 DICK NSON LANE. WHEREAS, in 1998, the City ga a HOME /CDBG loAn to Swenson & Associates to buy three lots to build three homes, includi i a home at 1551 Dic enson Lane; and WHEREAS, Swenson & Associat s was unable to fini h the project and deeded all three lots back to the City in lieu of foreclosu a in 2000; and WHEREAS, one month later Swe on & Associates, deeded 1551 Dickenson Lane to Susan Goodwin with the City's approval, m king the City's pevious deed a "stray deed "; and WHEREAS, due to oversight, the "stay deed" was never addressed and corrected; and WHEREAS, Susan Goodwin is in th process of selling 1551 Dickenson Lane and the new buyer's attorney has requested that th City issue a warranty deed to address the issue of the "stray deed ". WHEREAS, on June 7, 2011, the City ou,ncil adopted a Resolution proposing to convey its interest in 1551 Dickenson Lane, autho zing public notice of the proposed conveyance, and setting the date and time for the public he ring; and WHEREAS, following the public hearing o the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLyED BY HE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: ' i 1. Upon the direction of the Cio Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City interest in 1551 Dickenson Lane, legally described as Lot 100, Sout ointe Addition, Pa 5, Iowa City, Iowa. i 2. The City Attorney is hereb�r authorized to delivers 'd warranty deed and to carry out any actions necessary to consy�mmate the conveyance re ired by law. o 1 c-► — C°) �" a 1 -7) -_�c-) —i ;ter- M C) Resolution No. Page 2 It was moved by adopted, and upon roll call there were: AYES: NAYS: Passed and approved this Approved by City Attorney's Office and seconded by day of r 1� ABSENT: I_1 .YOR CITY CLERK Bailey Champion Dickens Ha ek Mi s Wi burn W icght 2011. the Resolution be N C= —i c, r! rt1 A' C) Nei co r f� ..J M.' Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -229 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1551 DICKENSON LANE. WHEREAS, in 1998, the City gave a HOME /CDBG loan to Swenson & Associates to buy three lots to build three homes, including a home at 1551 Dickenson Lane; and WHEREAS, Swenson & Associates was unable to finish the project and deeded all three lots back to the City in lieu of foreclosure in 2000; and WHEREAS, one month later Swenson & Associates deeded 1551 Dickenson Lane to Susan Goodwin with the City's approval, making the City's previous deed a "stray deed "; and WHEREAS, due to oversight, the "stray deed" was never addressed and corrected; and WHEREAS, Susan Goodwin is in the process of selling 1551 Dickenson Lane and the new buyer's attorney has requested that the City issue a warranty deed to address the issue of the "stray deed ". WHEREAS, on June 7, 2011, the City Council adopted a Resolution proposing to convey its interest in 1551 Dickenson Lane, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1551 Dickenson Lane, legally described as Lot 100, Southpointe Addition, Part 5, Iowa City, Iowa, for $1.00 and other valuable consideration. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 11 -229 Page 2 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Bailey x Champion x Dickens x Hayek x_ Mims x Wilburn x Wright Passed and approved this 21st day of Approved by City Attorney's Office June /NAKLA,,S<l MAYOR 2011. ATTEST: C CITY RK Prepared by: Susan Craig, ICPL, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5232 RESOLUTION NO. 11 -230 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LEASE AGREEMENT WITH THE STATE BOARD OF REGENTS FOR THE UNIVERSITY OF IOWA FOR THE LEASE OF COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING WHEREAS, the Iowa City Public Library Building at 130 South Dubuque Street contains 7,995 square feet of basement commercial space currently leased by the State Board of Regents for the Use and Benefit of the University of Iowa (hereinafter "University "); and WHEREAS, the University is exercising their option to renew the lease through June 30, 2012; and WHEREAS, the University wishes to amend the lease to provide for additional options to extend the terms of the lease; and WHEREAS, the extensions are for two additional periods of one year each: July 1, 2012 through June 30, 2013 and July 1, 2013 through June 30, 2014; and WHEREAS, it is in the public interest to approve the lease amendment as provided therein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. The lease agreement be amended as attached hereto and made a part is approved as to form and content. 2. The Mayor and City Clerk are authorized and directed to respectively execute and attest the lease amendment. Passed and approved this 21st day of June 120 11 MAYOR ATTEST: CITY CtERK Lib /resAeaseamend -U I.doc Approved by City Attorney's Office Resolution No. 11 -230 Page 2 It was moved by Wright- and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _x_ Champion X Dickens x Hayek x_ Mims X Wilburn x Wright wpdata /glossary/resolution -ic. doc Lease -- Amendment No. 1 THIS LEASE AMENDMENT, MADE AND ENTERED INTO THIS day of , 20_, by and between The City of Iowa City (hereinafter called the Landlord) whose address for the purpose of this lease is 123 South Linn Street Iowa City IA 52240, and the Board of Regents, State of Iowa for the Use and Benefit of the University of Iowa (hereinafter called the Tenant) whose address for the purpose of this lease is 2660 UCC University of Iowa Iowa City Iowa 52242. That the LANDLORD and the TENANT entered a lease dated 1St day of August, 2007, which was extended to terminate on June 30, 2012. WITNESSETH: Paragraph No. 25 is amended to read: 25. RENEWAL OPTIONS(S). Tenant shall have the option to extend the term of the lease for four 4 additional periods of one (1) year each: July 1, 2010 through June 30, 2011, July 1, 2011 through June 30, 2012, July 1, 2012 through June 30, 2013 and July 1, 2013 throuqh June 30, 2014, under the same terms and conditions except for reasonable rental increases, upon written mutual agreement of the parties, such increase will not to exceed the annual Consumer Price Index (CPI). The CPI factor to be used in computing reasonable rental increases pursuant to this paragraph will be based on the most recent calendar year Consumer Price Index for urban wage earners and clerical workers (U.S. city averages). Tenant shall notify Landlord at least 30 days prior to renewal date of intention to renew. All other terms and conditions of the lease remain unchanged. IN WITNESS THEREOF, the parties hereto have duly executed this lease the day and year first above written. TENANT UNIVERSITY OF IOWA 4 AAq! Date eorge Hollins, University Business Manager LANDLORD CITY OF IOWA CITY 123 So Linn St Lease, Amendment 1 ACKNOWLEDGEMENT OF THE CITY OF IOWA CITY Mayor Matthew J. Hayek Attest: 2� X/ City C erk CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Approved: City Attorney On this oZ / Sf day of J un�� , 2011, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o�W�ts SONDRAE FORT c dam_ F�� Commission Number 159791 �tsn = My commission Expires Notary Public in and for the State of Iowa ,ow 3 ao�a ACKN L GEMENT F THE UNIVERSITY OF IOWA Ge rg of ins, University Business Manager UNIVERSITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this a XJ day of , 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared George Hollins, to me personally known, who being by me duly sworn, did identify himself as the University Business Manager empowered to bind The University of Iowa, and acknowledges the execution of the instrument to be his own voluntary act and deed. Nota ' ublic in and for the State of Iowa linda \leases \ICPL amend 2011 �PStAl �� CATHY J. FOUNTAIN o p Commission Number 750256 My Commission Expires ioWp 12- -10 -13 V�A� 8 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 11 -231 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH MARKET SQUARE PARK IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID 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. WHEREAS, funds for this project are available in the North Market Square Improvement Project account #4320. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, 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. 4. Sealed 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 City Hall, before 10:00 AM on the 14`h day of July, 2011. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 2nd day of August, 2011, or at a later date and /or time as determined by the Director of Public Works or designee. Passed and approved this 21st day of June 2011. Mayor / ) / Approved by:// A ATTEST: - % v Al�4.G_ ,tii� Jy��!1 City C76rk City Attorney's Office 101/ h j Resolution No. 11 -231 Page 2 It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright wpdata/g lossa ry/resol u tio n-ic. doc M4� IV Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5144 RESOLUTION NO. 1 1 —939 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE 2011 LANDFILL BUFFER AND GROUNDWATER MONITORING PROPERTY ACQUISITION PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above -named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the 2011 Landfill Buffer and Groundwater Monitoring Project ( "Project ") which includes landfill buffer, constructing additional monitoring wells, possible groundwater and leachate management systems and possible landfill cell construction at the Iowa City Landfill and Recycling Facility; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City Engineer has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and WHEREAS, funds for this project are available in the project account # 3320 - 550900. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with the 2011 Landfill Buffer and Groundwater Monitoring Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the 2011 Landfill Buffer and Groundwater Monitoring Project ( "Project "), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. Resolution No. 11 -232 Page 2 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and /or easements, and offers to purchase property and /or easements. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 21st day of June , 201_L_ MAYOR Approved by 4./ ATTEST. ; CIWCLERK City Attorney's Office It was moved by Mims adopted, and upon roll call there were: AYES: X X X X x X Pweng /res /2011 landfil Ipropacq- easres2 -.doc 5/11 and seconded by Wilburn the Resolution be NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright —� ®4 CITY OF IOWA CITY ui sk 13 A ..� MEMORANDU M b� T-4 Date: June 14, 2011 To: Tom Markus, City Manager From: Jeff Davidson, Director of Planning and Community Development Re: Peninsula Development Agreement The Peninsula Development Company has requested a short term (5 month) extension of the deadline to purchase Phase Three of the Peninsula Neighborhood from the City. The current Peninsula Neighborhood Development Agreement specifies that the Peninsula Development Company will close on Phase Three by July 1. The Peninsula Development Company recently switched from an out of town engineering firm to MMS Consulting. The change in engineering firms and the need to update topographic, boundary and survey computations has resulted in unforeseen delays in completing the final plat documents. The Peninsula Development Company anticipates the revised final plat will be submitted for review within 30 to 60 days. Since the last amendment to the Peninsula Development Agreement the Peninsula Development Company has made considerable progress building new homes in the neighborhood. Ten single family homes and eleven townhouses have been built. Seventeen homes are currently under construction. Streets and infrastructure have been installed to open up new lots in phase 2a and landscaping and a park shelter have been added to Emma Harvat Square. Based on the progress of implementing the Peninsula development plan and the short term of the requested extension, staff recommends approval. Cc: Sarah Holecek Robert Miklo 13 FILED JUN 15 2011 June 14, 2011 City clerk Iowa City, Iowa To: Mayor of Iowa City and City Council, This letter is in regards to formally requesting an extension to the upcoming purchase of phase 3 of the Peninsula Subdivision in Iowa City. As you may know, the engineering firm that has been involved in this subdivision since the beginning no longer is performing residential engineering. McClure Engineering from North Liberty announced to us in April 2011 that they could not longer provide their services to our company. Regretfully, all plans that were underway with McClure their company was forced to abandon and leave to the next employed firm to take over. This event has left the Peninsula in a state of repetition and restart for many properties concerning any engineering aspects. Thankfully, MMS Consultants of Iowa City happily agreed to take on this project and has performed to the best of their ability to get us back on track. Unfortunately, we have had to spend some time re- surveying the land and re- siting properties due to a lack of information shared during the transfer of companies and individual company policies. With that said the Peninsula is moving forward and is nearly on track for the next phase purchase. Due to the above mentioned circumstance we are asking for a short extension in the deadline to ensure accurate plans depicting the final layout of the subdivision from an architectural and engineering standpoint. The following is an overview of the progress that has been made since January 2010, by the Peninsula Development Company, under the new management of Patrick Stewart, in the Peninsula Neighborhood Subdivision. 1. All infrastructures for phase 2A Peninsula. Streets, sewer, electrical, and other services for 17 lots included in this phase. 2. Prior built, but not sold until after January 2010: • Lot 8 — 15 sold condominium units • Lot 17 — 2 townhomes • Lot 25 — 2 townhomes • Lot 36 — 4 townhomes • Lot 10— 1 single family home • Lot 49 — 1 single family home • Lot 62 — 1 single family home 3. Built and sold after January 2010: FILED • Lot 37 — 4 townhomes • Lot 42 — 1 single family home JUN 15 ton • Lot 43 — 1 single family home Ci Clerk • Lot 44 —1 single family home Iowa city, Iowa • Lot 45 — 1 single family home • Lot 48 — 1 single family home • Lot 54 — 1 single family home • Lot 58 — 3 townhomes • Lot 63 — 4 townhomes • Lot 64 — vacant lot 4. Currently under construction: • Lot 38- 1 of 2 townhomes pre -sold • Lot 39- 2 of 5 townhomes pre -sold • Lot 40 — 2 of 2 townhomes pre -sold • Lot 41 — 5 of 5 townhomes pre -sold • Lot 47 — 1 single family home pre -sold • Lot 105 — 1 single family home pre -sold • Lot 106 — 1 single family home spec 5. Finished spec homes: • Lot 31 —1 single family home • Lot 32 — 1 single family home • Lot 33 — 1 single family home • Lot 34 — 1 single family home 6. Plans currently at the city for Building permit: • Lot 110 —1 single family home pre -sold • Lot 113 —1 single family home spec • Lot 114 — 1 single family home spec • Lot 115 — 1 single family home spec 7. Lots with preliminary blueprint prints: • Lot 18 — 12 unit condominium building • Lot 51 — 1 single family home • Lot 56 — 2 unit building • Lot 57 — 4 unit building • Lot 59 — 4 unit building • Lot 68 — Live /Work 4 unit building (pre- construction leasing with Terry Morrow Blank and McCune) FIL.ED JUN 15 2011 8. Miscellaneous building: Iowa iCity, IU wa • Emma Harvat Square Pavilion and landscaping • New neighborhood entry sign and estate sign • Re- configured drainage for park playground in Emma Harvat Square • Updated neighborhood landscaping 9. Advertising, promoting sales: • Alumni Magazine • Coralville Visitor Bureau Magazine • Mediacom commercial (approximately 300 per month) • Coral Ridge Mall add • Parade of Homes 2011 (3 homes) The Peninsula Development Company is not only happy with our recent sales but we are also dedicated to seeing this project completed. We have taken pride in helping construct this unique subdivision with its timeless styled homes, and have also been proactive in helping develop the community that is the Peninsula Neighborhood. Alongside the efforts of Alan Swanson and Adam Pretorius at Blank and McCune we have hosted seasonal parties (spring party, summer party, Oktoberfest and the annual Christmas party) and movie nights in the park. We host and are a part of the Neighborhood association board and continually receive and act on ideas that have potential to improve the community. We look forward to the purchase of the final phases of the subdivision and believe now that we have reached a "critical mass" the area will only grow faster and stronger. The Peninsula Development Company is not only ready for the task, but look forward to it as well. Thank you, r Patrick Stewart Project Manager Peninsula Development Company LLC. 1188 Foster Rd. Iowa City, IA 52245 (319)- 887 -1000 C Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -233 RESOLUTION APPROVING THE SIXTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. ( "PDC ") WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement as amended, the parties established deadlines for Developer's purchase of successive phases within the Peninsula Neighborhood, with failure to meet said conveyance deadlines constituting a default under the agreement; and WHEREAS, PDC recently switched from an out of town engineering firm to MMS Consulting, requiring an update to topographic, boundary, and survey computations, thus generating concomitant delays in submitting the final plat, a condition precedent to conveyance of the Peninsula Neighborhood Third Addition; and WHEREAS, as a result of the impact of the change in engineering firms, and with the desire to continue to build out the Peninsula Neighborhood, PDC has requested a short - term five (5) month extension of the July 1, 2011 closing deadline for conveyance of the Peninsula Neighborhood Third Addition to December 1, 2011; and WHEREAS, given that PDC has switched from an out of town engineering firm to MMS consulting, requiring an update to topographic, boundary, and survey computations and generating concomitant delays in submitting the final plat, along with PDC's commitment to develop the Peninsula Neighborhood as envisioned and designed, it is reasonable, appropriate and in the public interest to grant PDC's requested extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to December 1, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the Sixth Amendment to the Peninsula Neighborhood Development Agreement attached hereto. 2. The City Clerk is hereby directed to record this resolution and the attached amendment upon passage of this resolution at the Developer's expense. Passed and approved this 21st day of June 201E ATTEST:� -i - iC CITY`CLERK Resolution No. 11 -233 Page 2 It was moved by Baiiey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x X —x x x x wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 SIXTH AMENDMENT TO PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT This Sixth Amendment to the Peninsula Neighborhood Development Agreement is hereby made and executed by the City of Iowa City (hereinafter "City "), 410 East Washington Street, Iowa City, Iowa 52240 and Peninsula Development Company, LLC (hereinafter "PDC" and /or "Developer "), 44700 Groesbeck Highway, Clinton Township MI, 48036. The City is a municipal corporation organized under the laws of the State of Iowa. PDC is a limited liability corporation organized under the laws of the State of Michigan. WHEREAS, The City of Iowa City and Terry L. Stamper Holdings, LLC entered into the Peninsula Neighborhood Development Agreement which was recorded at Book 2986, Page 49, Records of the Recorder of Johnson County, Iowa, and the first amendment thereto, which was recorded at Book 3060, Page 735, Records of the Recorder of Johnson County, Iowa; and WHEREAS, Terry L. Stamper Holdings, LLC assigned all its rights under the Peninsula Neighborhood Development Agreement to PDC; and WHEREAS, the City and PDC entered into a second amendment to Peninsula Neighborhood Development Agreement which was recorded at Book 3686, Page 718 -732, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into a third amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book 3949, Page 421 -425, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into a fourth amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book4214, Page 172 -177, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into a fifth amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book 4538, Page 66 -72, Records of the Recorder of Johnson County, Iowa; and WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement as amended, the parties established deadlines for Developer's purchase of successive phases within the Peninsula Neighborhood, with failure to meet said conveyance deadlines constituting a default under the agreement; and WHEREAS, PDC recently switched from an out of town engineering firm to MMS Consulting, requiring an update to topographic, boundary, and survey computations, thus generating concomitant delays in submitting the final plat, a condition precedent to conveyance of the Peninsula Neighborhood Third Addition; and WHEREAS, as a result of the impact of the change in engineering firms, and with the desire to continue to build out the Peninsula Neighborhood, PDC has requested a short-term five (5) month extension of the July 1, 2011 closing deadline for conveyance of the Peninsula Neighborhood Third Addition to December 1, 2011; and WHEREAS, given that PDC has switched from an out of town engineering firm to MMS consulting, requiring an update to topographic, boundary, and survey computations and generating concomitant delays in submitting the final plat, along with PDC's commitment to develop the Peninsula Neighborhood as envisioned and designed, it is reasonable, appropriate and in the public interest to grant PDC's requested extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to December 1, 2011. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THEIR MUTUAL PROMISES AND CONVENANTS, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Section G of the Second Amendment to Peninsula . Neighborhood Development Agreement, recorded at Book 3686, Page 718 -732, Records of the Recorder of Johnson County, Iowa, as amended by the Fifth Amendment recorded at Book 4538, Page 66 -72, Records of the Recorder of Johnson County, Iowa, is hereby amended to read in its entirety as follows: Deadlines for Conveyance. Closing on Developer's purchase must occur on or before: 1. December 1, 2011 for the Peninsula Neighborhood Third Addition; and 2. Within three (3) calendar years of closing on the Third Addition, the Developer shall close on the acquisition of the Fourth Addition. Failure of the Developer to meet the conditions precedent to conveyance enumerated in Section F hereof within the deadlines for conveyance set forth in Section G hereof shall be a default under this agreement, and subject the Developer to the provisions of Section Q hereof. 2. The parties hereto acknowledge and agree that only the Deadlines for Conveyance outlined in Section G of the Second Amendment to the Peninsula Development Agreement, as amended by the Fifth Amendment to the Peninsula Development Agreement, have been modified by this Sixth Amendment to the Peninsula Development Agreement, and all other terms and conditions outlined in the Peninsula Development Agreement, as amended, shall continue in full force and effect. DATED this 2011. PENINSULA DEVELOPMENT COMPANY, CIT OF IOWA CITY, IOWA L.L.C. By: ay Webber, Manager By: Matthew . ayek, Mayor ATTEST: In STATE OF IOWA ) )ss: JOHNSON NTY ) Marian K. Karr, City Clerk On this day of , 20 , efore me, the undersigned, a Notary Public in and for said County a State sonally appeared Matthew J. Hayek and Marian K. Karr, to me personally kn , who being by me duly sworn, did say that they are the Mayor and City Clerk, pective , of said municipal corporation executing the within and foregoing instr nt; that the seal a ' ed thereto is the seal of said municipal corporation; that sai i strument was signed an aled on behalf of said municipal corporation by ority of City Council of said munci ` corporation; and that the said Matthew . ayek and Marian K. Karr acknowledged the a cution of said instrument to be th ,p4oluntary act and deed and said municipal corporation, by' nd by them voluntarily Notary Public in and for the State STATE OF MICHIGAN ) ss IV,geOM& COUNTY ) On this 911 day of bCjtA, 2011, before me, a notary public in and for he State of Michi n, personally appeared Wayne Webber, to me personally known, who being by me duly sworn did say that the person is a Manager of PENINSULA DEVELOPMENT COMPANY, L.L.C., a Michigan limited liability company, and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Wayne Webber acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. No _ry Publi in and for the State of Michigan eg, DATED this J/ day of LuE 2011. PENINSULA bj VELOPMF�Pd`f COMPANY, CITY OF IOWA CITY, IOWA L.L.C. \ By: W ne Webber, anager By. \ Matthew J. a k, Mayor ATTEST: By: ter% 9t' ti� Ma ' n K. Karr, City Clerk STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this a1 day of uN� , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily exec SONDRAEFORT ? Commission Number My Commission Expires W 3 7 as a- Notary Public in and for the State of Iowa STATE OF MICHI AN ) ss: CO Y ) On this day o , 2011, before me, a notary public in and for the State of an, personally appeared Wayne Webber, to me personally known, who bei y me d sworn did say that the person is a Manager of PENINSULA DEVELO ENT COMPAN .C., a Michigan limited liability company, and that said instr ent was signed on behalf the said limited liability company by authority of its anagers and the said Wayne Web acknowledged the execution of said instru nt to be the voluntary act and deed of sai limited liability company by it voluntar executed. Public in and for the State of Michigan M Prepared by: Sara F. Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319- 356 -5030 RESOLUTION NO. 11 -234 RESOLUTION DECLARING THE CITY OF IOWA CITY'S CONSENT TO INCLUDE CERTAIN AGRICULTURAL LAND IN THE SCOTT SIX URBAN RENEWAL AREA, AMENDMENT NO. 1 WHEREAS, the City proposes to expand the Scott Six Urban Renewal Area and amend the Scott Six Urban Renewal Plan under Iowa Code Chapter 403 and proceed with activities authorized under that Chapter in the area, including but not limited to the division of revenue under Iowa Code Section 403.19; and WHEREAS, the legal description for the property proposed to be added to the Scott Six Urban Renewal Area is as follows: The NW quarter of the NE quarter of Section 30, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa; also the west 5.32 acres of the NE quarter of the NE quarter of said Section 30; and the NW, NE, and SW quarters of the SE quarter of Section 19, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa; thence beginning at the SE corner of Nathaniel's Addition of the County of Johnson County, which is on the centerline of 420tt' Street thence west 40'; thence W295', N338', E295', and S386'; also that portion of land lying south of the Iowa Interstate Railroad to the centerline of 420th Street between the western boundary of Nathaniel's Addition and the eastern boundary of the SW quarter of the SE quarter of said Section 19 and WHEREAS, the City of Iowa City owns agricultural land, as defined by Iowa Code Section 403.17(3), within said proposed urban renewal area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City hereby consents to the inclusion all real property owned by the City in the proposes urban renewal area described above, including any portions which may be defined as "Agricultural Land" under the provisions of Iowa Code 403.17(3). Passed and approved this 21st day of June , 2011. / 1A Mayor Approved by:�wuc {mow ATTEST:�� City Attorney's Office ��a((( CITY CLERK -1- Resolution No. 11 -234 Page 2 It was moved by Mims and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x— Hayek x Mims g Wilburn X Wright wpdata /glossary/resolution -ic. doc CITY OF IOWA CITY MEMORANDUM To: City Manager From: Jeff Davidson Date: June 14, 2011 Re: Agenda Item: Resolution of Necessity for Proposed Amendment to Scott Six Urban Renewal Area Introduction: A Resolution of Necessity is the first step to establish or amend an Urban Renewal Area. This Resolution of Necessity for an amendment to the Scott Six Urban Renewal Area sets into motion the subsequent steps of requiring the Planning and Zoning Commission to review and recommend the plan, of holding a consultation with other taxing jurisdictions in the county, and of setting a date for a Public Hearing on the plan. History /background: The original Scott Six Urban Renewal Area was established in 1997 and contained approximately 152 acres. The proposed amendment would add approximately 188 acres to the Scott Six Urban Renewal Area and include all of the land the City purchased in 2008 to make available for industrial development. Discussion of Solution: The amended area will allow for an orderly expansion of the City's industrial park and provide the ability to use tax increment financing to assist in building the required infrastructure and /or in providing incentives to industrial users. Recommendations: Staff recommends approving the Resolution of Necessity to enable a review of the plan by the Planning and Zoning Commission, a consultation with the other taxing entities and to set a Public Hearing on plan. Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 11-235 RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE SCOTT SIX URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA WHEREAS, it is hereby found and determined that one or more economic development areas, as defined in Chapter 403, Code of Iowa, exist within the City, and rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City; and WHEREAS, this council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law and because it is contiguous to the existing Scott Six Urban Renewal Area and will serve the community with additional area for industrial expansion for the area described therein, which proposed Plan on file in the City Clerk's Office; and WHEREAS, this proposed Scott Six Urban Renewal Area Amendment No. 1 contemplates the addition of the following described land to the Scott Six Urban Renewal Area: The NW quarter of the NE quarter of Section 30, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa; also including the west 5.32 acres of the NE quarter of the NE quarter of said Section 30; and including all of the NW, NE, and SW quarters of the SE quarter of Section 19, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa, and all of the SE quarter of the SE quarter of said Section 19 lying north of the southern right -of -way boundary of the Iowa Interstate Railroad; thence beginning at the SE corner of Nathaniel's Addition of the County of Johnson County, which is on the centerline of 420`h Street, west 40'; thence W295', N338', E295', and S386'; also that portion of land lying south of the Iowa Interstate Railroad to the centerline of 420`h Street between the western boundary of Nathaniel's Addition and the eastern boundary of the SW quarter of the SE quarter of said Section 19. WHEREAS, the Iowa statutes require the City Council to submit the proposed Amendment to the Scott Six Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole prior to City Council approval of such urban renewal plan, and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Council within thirty (30) days of its receipt of such proposed Amendment to the Scott Six Urban Renewal Plan; and WHEREAS, the Iowa statutes further require the City Council to notify all affected taxing entities of the consideration being given to the Scott Six Urban Renewal Plan Amendment No. 1 and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modification to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5 as amended; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Scott Six Urban Renewal Plan Amendment No. 1 subsequent to notice thereof by publication in a newspaper having general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area Resolution No. 11 -235 Page 2 covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Section 1. That the consultation on the proposed Amendment to the Scott Six Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held Wednesday, July 13, 2011 in the City Manager's Conference Room, Civic Center, Iowa City, Iowa at 10:30 a.m. and Wendy Ford, Economic Development Coordinator, is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with response thereto and responding to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1A), along with a copy of the proposed Scott Six Urban Renewal Plan, Amendment No. 1. Said notice shall be in substantially the following form: NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED SCOTT SIX URBAN RENEWAL PLAN, AMENDMENT NO. 1 FOR THE CITY OF IOWA CITY, IOWA The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1A) of the Code of Iowa, as amended, commencing at 10:30 A.M. on Wednesday, July 13, 2011 in the City Manager's Conference Room, Civic Center, Iowa City, Iowa concerning a proposed Scott Six Urban Renewal Plan, Amendment No. 1, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. Wendy Ford, Economic Development Coordinator, as the designated representative of the City of Iowa City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Scott Six Urban Renewal Plan, Amendment No. 1, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this day of , Resolution No. Ll_935 Page 3 City Clerk, Iowa City, Iowa (END OF NOTICE) Section 3. That a public hearing shall be held on the proposed Scott Six Urban Renewal Plan, Amendment No. 1 before the City Council at its meeting which commences at 7:00 p.m. on August 2, 2011 the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa. Section 4. That the City Clerk is authorized and directed to give public notice of this public hearing in the "Press- Citizen," once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED AMENDMENT TO THE SCOTT SIX URBAN RENEWAL PLAN FOR A PROPOSED URBAN AREA IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa will hold a public hearing before itself at its meeting on August 2, 2011 which commences at 7:00 P.M. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa to consider adoption of a proposed Scott Six Urban Renewal Plan, Amendment No. 1 (the "Plan ") and to add the following- described land to the Scott Six Urban Renewal Area in Iowa City, Iowa: The NW quarter of the NE quarter of Section 30, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa; also including the west 5.32 acres of the NE quarter of the NE quarter of said Section 30; and including all of the NW, NE, and SW quarters of the SE quarter of Section 19, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa, and all of the SE quarter of the SE quarter of said Section 19 lying north of the southern right -of -way boundary of the Iowa Interstate Railroad; thence beginning at the SE corner of Nathaniel's Addition of the County of Johnson County, which is on the centerline of 420" Street, west 40'; thence W295', N338', E295', and S386'; also that portion of land lying south of the Iowa Interstate Railroad to the centerline of 420th Street between the western boundary of Nathaniel's Addition and the eastern boundary of the SW quarter of the SE quarter of said Section 19. which land is to be included as part of this proposed Urban Renewal Area. A copy of the plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa is the local agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvement, and may acquire and make land available for Resolution No. 11 -235 Page 4 development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The Plan initially proposes specific public infrastructure or site improvement to be undertaken by the City, but provided that the Plan may be amended from time to time to respond to development opportunities. Any person or organization desired to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the State Code of Iowa. Dated this day of s /Marian K. Karr City Clerk, Iowa City, Iowa (END OF NOTICE) Section 5. That the proposed Scott Six Urban Renewal Plan for the Scott Six Urban Renewal Area, Amendment No. 1 is hereby officially declared to be the proposed Scott Six Urban Renewal Plan, Amendment No. 1, referred to in said notices for purposes of such consultation and hearing and that a copy of said Plan shall be placed on file in the office of the City Clerk. Section 6. That the proposed Scott Six Urban Renewal Plan, Amendment No. T be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the Comprehensive Plan for the development of the City as a whole, with such recommendation to be submitted in writing to the Council within thirty (30) days of the date hereof. PASSED AND APPROVED this 21stday of June-, 2011 Mayor ATTEST: Passed and approved this 21st d 0 ATTEST:_ C 20 11 Ap roved by V 2 /� City Attorney's Office (2� I l/ IOWA CIT't CORP RATE LIMITS I z � o r z f to 3kJ 313 ?� '13�Q '0 ! d Vmrit 00 M)0 > ID M _ CID � ID Q * CD D CID o Z o y cn ax 0 c m m N O 0 Z 0 c v Au m m D m l Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE SCOTT SIX URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA WHEREAS, it is hereby f und and determined that one or more economic development areas, as defined in Chapter 403 Code of Iowa, exist within the City, and rehabilitation, conservation, redevelopment, developm nt, or combination thereof, of the area is necessary in the interest of the public health, safety, or' welfare of the residents of the CitY�.�and WHEREAS, this council hasTeasonable cause to believe that the area described below satisfies the eligibility criteria for desidpation as an urban renewal fea under Iowa law and because it is contiguous to the existing Scott Six Urban Renewal Area'and will serve the community with additional area for industrial e�lpansion for the area de�6ribed therein, which proposed Plan on file in the City Clerk's Office; and WHEREAS, this proposed Scott `fix Urban Renewal Area Amendment No. 1 contemplates the addition of the following describediand to the Scott Six Urban Renewal Area: The NW quarter of the NE qutarter of Section 30, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson Cou ty, Iowa; also the west 5.32 acres of the NE quarter of the NE quarter of said Section 30; and the NW, NE, and SW quarters of the SE quarter of Section 19, Township 79N, Ran e 5W of the Fifth Principal Meridian, Johnson County, Iowa; thence beginning at the SE orner of Nathaniel's Addition of the County of Johnson County, which is on the centerline 420`h Street thence west 40'; thence W295', N338', E295', and S386'; also that portion f land lying south of the Iowa Interstate Railroad to the centerline of 420`' Street betwee the western boundary of Nathaniel's Addition and the eastern boundary of the .SW quarte of the SE quarter of said Section 19. WHEREAS, the Iowa statutes require the City Council to submit the proposed Amendment to the Scott Six Urban Renewal Plan to the Pla ing and Zoning Commission for review and recommendation as to its conformity with the G neral Plan for development of the City as a whole prior to City Council approval of such urba renewal plan, and further provides that the Planning and Zoning Commission shall submit it written recommendations thereon to this Council within thirty (30) days of its receipt of such pr posed Amendment to the Scott Six Urban Renewal Plan; and \ WHEREAS, the Iowa statutes further require the City Co cil to notify all affected taxing entities of the consideration being given to the Scott Six Urban Re ewal Plan Amendment No. 1 and to hold a consultation with such taxing entities with respect the to, and further provides that the designated representative of each affected taxing entity may tend the consultation and make written recommendations for modification to the proposed divisi-9n of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5 as amended; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Scott Six Urban Renewal Plan Amendment No. 1 subsequent to notice thereof by publication in a newspaper having general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Section 1. That the consultation on the proposed Amendment to the Scott Six Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held Wednesday, July 13, 2011 in the City Manager's Conference Room, Civic Center, Iowa City, Iowa at 10:30 a.m. and Wendy Ford, Economic Development Coordinator, is hereby appointed, #o serve as the designated representative of the City for purposes of conducting said consultat n, receiving any recommendations that may be made with response thereto and respondjY g to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all afring d taxing entities, ,as defined in Section 403.17(1A), along with a copy of the proposed tt Six Urban Renewal Plan, Amendment No. 1. Said notice shall be in substantially the folio form: 3 NOTICE OF A CONSULTATION�TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED SCOTT SIX URBAN RENEWAL PLAN, AMENDMENT'NO. 1 FOR THE CITY OF IOWA CITY, IOWA The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1A) of the Code of low , as amended, commencing at 10:30 A.M. on Wednesday, July 13, 2011 in the City Manager's onference Room, Civic Center, Iowa City, Iowa concerning a proposed Scott Six Urban Ren wal Plan, Amendment No. 1, a copy of which is attached hereto. Each affected taxing entity may appoint a r� consultation may include a discussion of the estima included in the proposed Urban Renewal Area, the i the affected taxing entities, the estimated impact on affected taxing entities in the proposed Urban Rene issuance included in said Plan. resentative to attend the consultation. The ;d growth in valuation of taxable property scal impact of the division of revenue on e provision of services by each of the i I Area, and the duration of any bond The designated representative of any affected tAxing entity may make written recommendations for modification to the proposed divisi n of revenue no later than seven days following the date of the consultation. Wendy Ford, Econ mic Development Coordinator, as the designated representative of the City of Iowa City, sha submit a written response to the affected taxing entity, no later than seven days prior to the ublic hearing on the proposed Scott Six Urban Renewal Plan, Amendment No. 1, addressing an' r� recommendations made by that entity for modification to the proposed division of revenue. This notice is,�given by order of the City Council of the City of Iowa City, Iowa, as provided by Sectio,911403.5 of the Code of Iowa, as amended. 1 Dated this day of Resolution No. Page 3 City Clerk, Iowa City, Iowa (END OF NOTICE) Section 3. That a public hearing shall be held o the proposed S ott Six Urban Renewal Plan, Amendment No. 1 before the City Council at its eeting which co mences at 7:00 p.m. on August 2, 2011 the Emma J. Harvat Hall, Civic Ce ter, Iowa City, I* a. Section 4. That the City Clerk is authorized a public hearing in the "Press- Citizen," once on a date (20) days before the date of said public hearing, and mail to each affected taxing entity, such notice in ea( form: NOTICE OF PUBLIC HEARING TO C( A PROPOSED AMENDMENT TO THE RENEWAL PLAN FOR A PROPOSED CITY OF IOWA CITY, IOWA d directed to Vve public notice of this of less than fbur (4) nor more than twenty D mail a copy of said notice by ordinary i case to be in substantially the following )NSIDt_:R APPROVAL OF SCQTT SIX URBAN URBAN AREA IN THE The City Council of the City of Iowa City, lowq" ill hold a public hearing before itself at its meeting on August 2, 2011 which commences at'7: 0 P.M. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa to consider adoption of a prop sed Amendment to the Scott Six Urban Renewal Plan, Amendment No. 1 (the "Plan ") ano to a d the following- described land to the Scott Six Urban Renewal Area in Iowa City, Iowa: The NW quarter of the NE quarter of section 3 , Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa; also th west 5.32 acres of the NE quarter of the NE quarter of said Section 30; andithe NW, NE and SW quarters of the SE quarter of Section 19, Township 79N, Range' 5W of the F th Principal Meridian, Johnson County, Iowa; thence beginning at the SE/"corner of Natha iel's Addition of the County of Johnson County, which is on the centerli' of 420th Street hence west 40'; thence W295', N338', E295', and S386'; also that pq tion of land lying outh of the Iowa Interstate Railroad to the centerline of 420th Street between the wester boundary of Nathaniel's Addition and the eastern boundary of the SVV quarter of the SE q arter of said Section 19. which land is to be included as pan of this proposed Urba Renewal Area. A copy of the plan is on file for public inspection in t e office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, lo,�va is the local agency which if such Plan is approved, shall undertake the urban renewal c-�,-tivities described in such Pla . The general scope of the urban renewal activities and r consideration in the Plan is to assist qualified industries any businesses in the Urban Rene I Area through various public purpose and special financing activities outlined in the Plan. accomplish the objectives of the Plan, and to encourage/the further development of the Urb n Renewal Area, the plan provides that such special flinancing activities may include, but t be limited to, the making of loans or grants of public fonds to private entities under Chapter 5A of the Code of Iowa. The City also may install, con truct and reconstruct streets, parking fa ilities, open space areas and other substantial public improvement, and may acquire and make nd available for development or redevel¢pment by private enterprise as authorized y law. The Plan provides that the City may issue finds or use available funds for such purpo es and that tax increment reimbursement of such costs will be sought if and to the extent incur d by the City. The Plan initially proposes specific public infrastructure or site improvement to undertaken by the City, but provided that the Plan may be amended from time to time to respo d to development opportunities. Resolution No. Page 4 Any person or organization desired to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the State Code of Iowa. Dated this day of s /Marian K. Karr City Clerk, Iowa Ci (END OF NOTICE) Section 5. That the proposed Scott Six U Renewal Area, Amendment No. 1 is hereby offici Urban Renewal Plan, Amendment No. 1, referre consultation and hearing and that a copy of said City Clerk. Section 6. That the proposed Scott Si�U submitted to the Planning and Zoning Commi sic conformity with the Comprehensive Plan for t e c recommendation to be submitted in writing to the hereof. �tan Renewal Ian for the Scott Six Urban iio y declared o be the proposed Scott Six in said otices for purposes of such Plan shalkbe placed on file in the office of the -banyRenewal Plan, Amendment No. 1 be y n f r review and recommendation as to its e elopment of the City as a whole, with such ouncil within thirty (30) days of the date PASSED AND APPROVED this Oay of ATTEST: City Clerk Passed and approved thisi day of u: • Mayor by 20 ATTEST:% CITY CLtRK City Attorney's Office 41A/k r ^.!�® CITY OF IOWA CITY 16 Z �&I, MEMORANDUM Date: June 13, 2011 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: 28 E agreement with University Heights to provide transit service Introduction: Included for consideration for the June 21, 2011 City Council Meeting you will find the Item & Comment, Resolution and supporting documentation for the 28 E Agreement between the City of Iowa City and the City of University Heights for FY2012 fixed transit services. History /background: University Heights has contracted with the City of Iowa City for transit services since the 1970's. The contract amount is based on a formula taking into account the Consumer Price Index as an escalator of the previous year's contract. This contract is then submitted to the City of University Heights for approval. The University Heights City Council approved this agreement at their June 14, 2011 council meeting. Discussion of Solution: Per this agreement, University Heights agrees to pay an amount of $33,156.00 for contracted fixed route transit services. This was an increase of 0.8% which was based on the National Consumer Price Index. Recommendation: It is my recommendation that City Council approve this resolution for the 28E Agreement between University Heights and the City of Iowa City for fixed route transit services. Prepared by: Brad Neumann, PCD, 410 E. Washington, Iowa City, IA 52240 319 - 356 -5252 FY2012 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and-extered into this day of 12011, by and between the City of to a City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the ode of Iowa provides, in substance, hat any power which may be exercised by a public agency the state may be exercised jointly ith another public agency having such power, and WHEREAS, it is in the mutual intere Ve arties to encoura a the use of public transit by residents of Iowa City and University He NOW, THEREFORE, it is hereby agreed between t City of Iowa City and the City of University Heights, as follows: I Scope of Services The City of Iowa City shall provide public service the City of University Heights. Iowa City shall determine the scheduling of buses, es, a the location of bus stops within University Heights. It is agreed that residents of Uneig s will obtain the same level of transit service as residents of Iowa City who are servea e routes. Residents of University Heights will also be eligible for the same fare structur City residents. A Duration The term of this agreement shall commence, my 1 2011, and continue through and including June 30, 2012. j X. Termination % This agreement may be terminated up thirty calend r days written notice by either party. iV. Compensation The City of University Heights agr es to pay $33,156 f the provision of public transit service as herein described during FY202. Payment shall be ade in twelve monthly payments of $2,763.00 each, to be received jay the City of Iowa City on r before the 15th of each month. V. Chapter 28E, Code of /o a In accordance with Chapter7E of the Code of Iowa, this agre ment shall be filed with the Secretary of the State of IQWa and the County Recorder of John on County, Iowa. CITY OF IOWA CITY 0 Matthew J. Hayek, Mayor Attest: City Clerk, Marian K. Karr Ap roved by: nn City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of personally appeared Matthew J. Hayek and : being by me duly sworn, did say that they are t Iowa City, Iowa; that the seal affixed to the corporation, and that the instrument was sign authority of its City Council, as contained in R Council, on the day of Hayek and Marian K. Karr acknowledged the e, and deed and the voluntary act and deed of the STATE OF IOWA ) ) ss: JOHNSON COUNTY ) CITY OF UNIVERSITY HEIGHTS 0 Louise From, Mayor Attest: City Clerk, Christine Anderson 20 , before me, a N ary Public in and for the State of Iowa, K. arr, to me personally known, and, who, �yo and City Clerk, respectively, of the City of o' g instrument is the corporate seal of the nd sealed on behalf of the corporation, by ution No. passed by the City , 20 and that Matthew J. tion of the instrument to be their voluntary act oration, by it voluntarily executed. Notary Rublic in and for the State of Iowa On this day/ of 1 20 , before me, ! a Not ry Public in and for the State of Iowa, personally appeared Louise /From and Christine Anderson, o me personally known, and, who, being by me duly sworn, di say that they are the Mayor and ty Clerk, respectively, of the City of University Heights, Iowa; k at the seal affixed to the foregoing strument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Co ncil, as contained in (Resolution) No. passed by the City Council, on the day of 20 , and that Louise From and Christine Ander on, acknowledged the execution of the instrument to be their voluntary act and deed and the y6iuntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 1ccogtplagV28E -IC UH 11.doc Matt Schultz y�P1c O`'��7 Secretary of State y� Tdgy Of State of Iowa Z FILED 0 28E y w Agreement LL M504469 0 6/28/2011 12:06:06 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full leqal name, organization type and county of each participant to this agreement are: not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and University Heights for the provision of Transit Service within the corporate limits of University Heights (Res 11 -236) Item 4. The duration of this agreement is: (check one) 0Agreement Expires 6/30/2012 ❑Indefinite Duration [mm /dd /yyyyl Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO m YES Filing # of the agreement: M503394 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: wwwaos.state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie- tuttle(cD-iowa- city.orq Phone 319 - 356 -5043 Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 City of University Heights City Johnson Party 3 Party 4 Party 5 not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and University Heights for the provision of Transit Service within the corporate limits of University Heights (Res 11 -236) Item 4. The duration of this agreement is: (check one) 0Agreement Expires 6/30/2012 ❑Indefinite Duration [mm /dd /yyyyl Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO m YES Filing # of the agreement: M503394 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: wwwaos.state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie- tuttle(cD-iowa- city.orq Phone 319 - 356 -5043 Prepared by: Brad Neumann, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5252 RESOLUTION NO. 11 -236 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2012 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS WHEREAS, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2012 at a rate of $33,156, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached FY2012 28E Agreement for transit services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 21st day of MAYOR ATTEST: 20 11 A proved by "22Z/ - /1-, City Attorney's Office � /��j Resolution No. 11 -236 Page 2 It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey —x— Champion —g— Dickens x Hayek _x_ Mims _ x Wilburn x Wright Ppdadm 1res128E -1 C -U Heights.doc RESOLUTION NO. I I -- (�I- a RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE FY2012 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS WHEREAS, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2012 at a rate of $33,156, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY HEIGHTS, IOWA: 1. The attached FY2012 28E Agreement for transit services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of University Heights. 2. The City Clerk is directed to file electronically a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this I± L4 day of P 2011. n II-- __ Louis From, MAYOR ATTEST: ak,-Vl kj�-, Christine Anderson, CITY CLERK jccogtp \ res128e - Res -from U H.doc Prepared by: Brad Neumann, PCD, 410 E. Washington, Iowa City, IA 52240 319 - 356 -5252 FY2012 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this _21 tday of Jilne , 2011, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: L Scope of services The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. Residents of University Heights will also be eligible for the same fare structure as Iowa City residents. //. Duration The term of this agreement shall commence July 1, 2011, and continue through and including June 30, 2012. // /. Termination This agreement may be terminated upon thirty calendar days written notice by either party. /V. Compensation The City of University Heights agrees to pay $33,156 for the provision of public transit service as herein described during FY2012. Payment shall be made in twelve monthly payments of $2,763.00 each, to be received by the City of Iowa City on or before the 15th of each month. V. Chapter 28E, Code of Iowa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY By: Matthew J. Hayek, ayor Attest: City k, Marian K. Karr Approved by: City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) CITY OF UNIVERSITY HEIGHTS / z • • • Attest: C,c4,n aWdttdW1 City Clerk, Christine Anderson On this dl - day of ,16- , 20 ill before me, SoNnRA£ Four- , a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the sea[. affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. o- passed by the City Council, on the / ` day of uN E , 20�, and that Matthew J. Hayek and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. IA's SONDRAE FORT i Commission Number 159791 My Com 'ssion Expires �--- row .3 7 mania 4a�'e(rv.,1 rr, Notary Public in and for the State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this I da of �'`n ndy 20�_, before me, 5:he %.xe w 1r__ - r� -., �C, ( , a Notary Public in and for the State of Iowa, personally appeared Louise From and Christine Anderson, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City � C�,o�uncil, as contained in (Resolution) No. j 1 - D (,o passed by the City Council, on the 1 —I .day of e 20_x and that Louise From and Christine Anderson, acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the co r oration, by it voluntarily executed. Notary Public in and for the State of Iowa jc gtp /agV28E- ICUH11.doc o�pa`AL s� STEVEN E. BALLARD ** COMMISSION NO. 161385 MY COMMISSION DCPIRES /owA City of Iowa City MEMORANDUM Date: June 15, 2011 To: City Manager From: John Yapp, Acting Human Services Coordinator 7"''`/ Re: Aid to Agencies funding sub - allocation Introduction and background: The resolution allocating financial aid to human service agencies authorizes the sub - allocation of funds to human service agencies serving Iowa City residents. Iowa City has budgeted funds in the FY12 Budget for Human Services Aid to Agencies. The Housing and Community Development Commission (HCDC) has recommended the sub - allocation of these funds in the amount of $422,950. On January 6, 2011 HCDC recommendation included a contingency fund of $7,197 and Lifeskills allocation of $1,500. After the HCDC recommendation, we were notified of cuts to the CDBG program, over budgeting of the general fund allocation, and that Lifeskills (a mental health human services agency) closed in May. On April 21, 2011 HCDC recommended the removal of the contingency fund and the removal of funding for Lifeskills. The funding allocation recommendation from the Housing and Community Development Commission is attached to the resolution. Discussion of alternatives: This is the first year that these funding recommendations have been made by the Housing and Community Development Commission; in oast years, these funding recommendations have been made by a subcommittee of the City Council. For this year's process, Council had directed that the funding recommendation be made by HCDC. Council has the option to sub - allocate these funds differently from the HCDC recommendation. HCDC has recommended that for next year's process, funding priorities be more explicitly based on City and /or United Way priorities. Recommendation: Staff recommends the sub - allocation of funds consistent with the HCDC recommendation, which is attached to the resolution. 17 M-� Prepared by: John Yapp, MPO Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5252 RESOLUTION N0. 11 -237 RESOLUTION ALLOCATING THE HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2012. WHEREAS, the City of Iowa City has budgeted for aid to local human services agencies; and WHEREAS, the Housing and Community Development Commission has recommended allocations of aid to agencies funding amongst human services agencies (attached); and WHEREAS, the Housing and Community Development Commission has recommended that with the award notification letter, agencies be given notice that funding amounts may change in the future, based on CITY STEPS and /or United Way priorities; and WHEREAS, the amount of aid proposed to be allocated, $422,950, is budgeted as Aid to Human Services Agencies in the FY12 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The funding recommendations from the Housing and Community Development Commission (attached) are hereby adopted. Passed and approved this 21st day of .Tune 12011 MAYOR Approved b ATTEST: CITY 19LERK City Attorney's Office It was moved by Mims and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey y Champion _x_ Dickens x Hayek x Mims x_ Wilburn x_ Wright jccogadm /res1AtoAfunding062011 Am /r QCD N O 3 CD 3 v � Q aQ c Q � (o ?. O S C cr O 0 c + zr CD CD 0- (D O N n zi O 0 C7 v < & m -� _U) CD N .< � lD Q � C cD N o CQ 0 CD (n CD K N O M II1 O n lD '+ N O� 7 a- O X CD c' (D Q Q i 00 N O z CD C (D O N (1) • rh Xv o n ( .mm. O `V 3r m"m. L ♦\♦V� M M M CD Q. C CD 3 cD n � 0 3 cu 3 ca. 3 0 cn =3 O. En 0 > Q; 0 � 0 0 W n 0 y 0 O 3 -: 3 ID M c. 0 v M — m R�1 o �" —pr'' � y O N cD O 0 N EL—. cD 3 y N 3 D 3 C. �* n < O -o c7 D N >c — m = r c 0 ( cD ( C) O V CD W , O -4. Co o(D D z N 0 0 �p a y Z O n _0 C 1 ,0� rn 0 O y N 3 o D C .D * n O (D 3 y .O+ c (D D a o n �+ o o_o o < = 0 �: 0 D o 0 .. a � u�i C n N ( rt 2 ? 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En 0 INTER - DEPARTMENT MEMO TO: Tom Markus, City Manager FROM: Chief Sam Hargadine RE: Edward Byrne Memorial Justice Grant Notification DATE: June 15, 2011 06 -21 -11 18 The Iowa City Police Department in partnership with the Johnson County Sheriffs Office is making application for the 2011 Edward Byrne Memorial Justice Grant administered by the Bureau of Justice Assistance, U.S. Department of Justice. The Departments were notified that they are eligible to apply for $52,932.00. It has been agreed that the Iowa City Police Department will take responsibility for application and management of this grant. In return, Iowa City will receive 52% of the funds ($27,525.00) and Johnson County will receive 48% ($25407.00). The Iowa City Police Department would like to allocate the $27,525.00 for the purchase of equipment designed to enhance Police capabilities to identify, document, process, and collect physical evidence at crime scenes. The Police Department would like to expand on its ability to process physical evidence, and has been exploring funding options to remodel the crime lab. If approved, this funding would significantly enhance the Police Department's ability to effectively process physical evidence. The current forensic evidence processing equipment maintained by the Iowa City Police Department is aged and in need of replacement. Additionally, new equipment would allow Officers on the Department to utilize recent technological advances in forensic evidence processing. In accordance with the Justice Assistance Grant application, the application will be on file for review no less than 30 days. This memo serves to notify the City Manager and City Council of the opportunity to review the application of these funds and provide an opportunity for public comment. E I it Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 11 -238 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS WHEREAS, the Iowa City Police Department, in partnership with the Johnson County Sheriffs Office, is making application for the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) program administered by the U.S. Department of Justice; and WHEREAS, the Departments were notified by the federal government that they were eligible for a total of $52,932; and WHEREAS, in accordance with past practice and the application process, the parties have agreed that the City of Iowa City will receive 52% ($27,525) and Johnson County will receive 48% ($25,407), and Iowa City will take responsibility for making the application and managing this grant under the terms of the interlocal agreement; and WHEREAS, the agencies wish to memorialize this agreement in an interlocal agreement between the City of Iowa City and Johnson County outlining the amount of the grant to be awarded each department and each entities' rights and responsibilities under said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest an interlocal agreement for cooperation between the City of Iowa City and Johnson County, Iowa attached hereto and incorporated by reference herein. The City Clerk is hereby authorized and directed to certify a copy of this Resolution along with the original Agreement and shall forward one original of same to the Johnson County Sheriffs Office. Passed and approved this 21st day of June , 2011. MAYOR ATTEST:i1�� /zr/ Ap rove y: CITY CLERK City Attor ey e I Resolution No. 11 -238 Page 2 It was moved by champ i on and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: X x x x x x — x wpdata/g I ossa ry/resol utio n -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright THE STATE OF IOWA COUNTY OF JOHNSON KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND COUNTY OF JOHNSON, IOWA 2011 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this COUNTY of Johnson, acting by and through hereinafter referred to as COUNTY, and the governing body, the City Council, hereinafter State of Iowa, witnesseth: ")/ s day of June, 2011, by and between The its governing body, the Board of Supervisors, CITY of Iowa City, acting by and through its referred to as CITY, both of Johnson County, WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the COUNTY $25,407.00 from the JAG award for the Equipment/Technology Program; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $25,407.00 of JAG funds, assuming the maximum amount of $52,932.00 is awarded after submission of the application. Whatever the award, the City will pay COUNTY 48% of the award and CITY will retain 52% of the award. This agreement Section 2. COUNTY agrees to use $25,407.00 for the Equipment/Technology Program as outlined in the grant application. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF IOWA CITY, IOWA Mayor, Matthew J. Ha k ATTEST: �1 City e as`f�ori�i: /City Aftorney,�;_ts // COUNTY OF JOHNSON, IOWA Chairperson, Board of Supery ATTEST: County Auditor Approved as to form ounty Attorney *By aw, the City Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). city of Iowa city MEMORANDUM =s Date: June 13, 2011 To: Tom Markus, City Manager From: Jeff Davidson, Director, Department of Planning and Community Development Re: Iowa City Rail Port grant award Attached is a resolution and grant agreement between the Iowa Department of Transportation and the City of Iowa City for the Iowa City Rail Port project in the Iowa City Industrial Campus. A 'rail port' is a location where there is infrastructure to support the loading, unloading and switching of rail cars. The grant award is for 50% of project costs up to $1,056,200 for railroad sidings, railroad spurs and associated infrastructure in the new Iowa City Industrial Campus. The City's local share of the project is funded in the adopted Capital Improvements Program as part of the infrastructure cost for the Iowa City Industrial Campus (Project #4512). The Transportation Planning Division prepared the application. These funds are state funds allocated through the Iowa Department of Transportation to support railroad infrastructure which is associated with economic development efforts. Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5252; CIP #4512 RESOLUTION NO. 11 -239 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY FOR THE IOWA CITY RAIL PORT PROJECT (RRLG- ST11(04)- 9T -52). WHEREAS, the City of Iowa City has been awarded a 50% grant up to $1,056,200 from the Iowa Department of Transportation Railroad Revolving Loan and Grant Program;. and WHEREAS, this grant will help fund the construction of rail facilities in the Iowa City Industrial Campus, including railroad sidings, railroad spurs, and other associated infrastructure; and WHEREAS, the agreement between the City of Iowa City and the Iowa Department of Transportation stipulates funding disbursement conditions, funding disbursement procedures, and general terms and conditions for the grant funds; and WHEREAS, the City's local contribution for the project is authorized in CIP Project #4512 for the Iowa City Industrial Campus. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the agreement for the Railroad Revolving Loan and Grant Program funds for rail infrastructure in the Iowa City Industrial Campus. The Mayor is authorized and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation for Railroad Revolving Loan and Grant Program funds. Passed and approved this 21st day of June 12011 WAMMMIN ppdadm1res 1RRLG- proj4512. doc MAYOR �^ Approved by ./ 0/1.1� 7Kef b= City Attorney's Office 9 �� ,(r Resolution No. 11 -239 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x X X x —x x x wpd ata/g I ossary/resol ution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright A', Grant -tailroad Revolving Loan and Program Agreement Business Address: Project Number: RRLG- ST11(04) -9T -52 Award Date: December 14, 2010 Grant Amount: $1,056,200 City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Department Address: Office of Rail Transportation Planning, Programming and Modal Division 800 Lincoln Way Ames, Iowa 50010 ARTICLE I. DEFINITIONS ARTICLE II. FUNDING ARTICLE III. TERMS OF GRANT ARTICLE IV. CONDITIONS OF DISBURSEMENT OF FUNDS ARTICLE V. DISBURSEMENT PROCEDURES ARTICLE VI. REPRESENTATIONS AND WARRANTIES OF BUSINESS ARTICLE VII. COVENANTS OF BUSINESS ARTICLE VIII. DEFAULTS AND REMEDIES ARTICLE IX. GENERAL TERMS AND CONDITIONS THIS AGREEMENT is made between IOWA DEPARTMENT TRANSPORTATION, Planning, Programming and Modal Division, 800 Lincoln Way, Ames, Iowa 50010 (referred to as "Department" or "DOT ") and City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240 referred to as "Business "). The Department desires to make a Grant to the Business and the Business desires to accept this Grant, all the terms and conditions set forth in this Agreement. The Railroad Revolving Loan and Grant Program (RRLG) funding is to be provided pursuant to Iowa Code Chapter 327H.20A and 761 Iowa Administrative Rules chapter 822. THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable consideration, it is agreed as follows: ARTICLE I DEFINITIONS As used in this Agreement, the following terms shall apply: 1.1 AGREEMENT EXPIRATION DATE. "Agreement Expiration Date" means the date all obligations of the Agreement have been satisfied. 1.2 AWARD DATE. "Award Date" means the date on which the Iowa Transportation Commission awarded funds, December 14, 2010. 1.3 AGREEMENT DATE . "Agreement Date" means the date that this Agreement is fully executed. 1.4 GRANT. "Grant" means Rail Revolving Loan and Grant funds granted for the Project. 1.5 AGREEMENT. " "Agreement" means this Agreement, the Project budget and all of the documents referred to in the Agreement and all other instruments or documents executed by the Business or otherwise required in connection with the Agreement, including but not limited to the following: a. Exhibit A, Location and Site Map b. Exhibit B, Description of work with sketch plan c. Exhibit C, Itemized Cost Estimate d. Exhibit D, Required Bidding Procedures 1.6 PROJECT. "Project" means the construction of rail facilities, including railroad sidings and associated spurs the Wind Energy Supply Chain Industrial Park in southeast Iowa City, Iowa. The "Project" also includes other obligations to be performed or accomplished by the Business as described in this Agreement and the application approved by the Department. 1.7 CONSTRUCTION COMPLETION DATE. "Construction Completion Date" means eighteen months after the Agreement Date, and is the date by which the Project shall have been fully accomplished. 16 ARTICLE II FUNDING 2.1 FUNDING SOURCE. The source of funding for the Grant is the Railroad Revolving Loan and Grant Program and the Revenue Bonds Capitals II Fund. 2.2 RECEIPT OF FUNDS. All payments under this Agreement are subject to receipt by the Department of sufficient State funds for the RRLG program. Any termination, reduction or delay of RRLG funds to the Department shall, at the option of the Department, result in the termination, reduction or delay of RRLG funds to the Business. 2.3 FINAL DISBURSEMENT. The final billing shall be submitted for reimbursement within six months following the Construction Completion Date, or the Department shall be under no obligation for further disbursement. ARTICLE III TERMS OF GRANT 3.1 GRANT. The Department agrees to provide a Grant to the Business in the maximum amount of $1,056,200 of the project cost. The Recipient shall provide funds of $1,056,200 for the project described in Item 1.6 to match grant dollars provided. ARTICLE IV CONDITIONS TO DISBURSEMENT OF FUNDS Unless and until the following CONDITIONS have been satisfied, the Department shall be under no obligation to disburse to the Business any amounts under the Agreement: 4.1 PROJECT SCHEDULE. The Business shall have submitted a Project schedule and have received the Department's approval of the Project schedule. 4.2 PROJECT CONSTRUCTION. A professional engineer, licensed to practice in the State of Iowa, shall prepare the Project plans and specifications. The Business shall submit the plans and specifications to the DOT for review and authorization. The Business shall accomplish the construction of the Project as described in paragraph 4.3. 4.3 COMPETITIVE BIDDING REQUIREMENTS. All Project work shall be accomplished through competitive bidding pursuant to the procedures shown in Exhibit D, attached hereto and made a part of this Agreement. Any exceptions shall be approved by the Department. The Business shall provide the DOT file copies of Project letting documents, bid tabs, and letters of solicitation to prospective bidders. If the low bid is not awarded, DOT concurrence in the award must be obtained prior to the award. ARTICLE V DISBURSEMENT PROCEDURES 5.1 UTILIZATION OF FUNDS. The Business shall utilize RRLG funds for financing the Project described in the work description shown as Exhibit B. All labor performed and 3 material used on the Project shall conform to Exhibit C. The Business agrees that the quantity of items shown in Exhibit C shall be the minimum incorporated into the Project. Any proposed changes in quality or quantity of materials or work performed shall be approved in advance in writing by DOT. 5.2 DISBURSMENT OF FUNDS. No disbursement of funds shall be made for work that does not conform to Exhibit B except for work changes approved in advance in writing by DOT. Disbursements may be made for conforming work done , provided the Business provides adequate documentation to DOT of the work performed, the costs incurred, and actual payment of the cost by the Business. No disbursement of funds shall be made for work that is done after the Construction Completion Date. 5.3 REQUESTS FOR REIMBURSEMENT. All disbursements of proceeds shall be subject to the receipt by the Department of Requests for Reimbursement submitted by the Business. Requests for Reimbursement shall be in form and content acceptable to the Department. 5.4 PROCEDURE FOR REQUESTS OF REIMBURSEMENT. RRLG funds shall be disbursed in the following manner: a. No more than monthly, the Business may send a Request for Reimbursement to the DOT for work performed which has not previously been submitted to the DOT. b. The Business shall make no Request for Reimbursement in an amount less than fifty thousand dollars ($50,000), with the exception of the final Request for Reimbursement. c. DOT shall make reimbursements only for that work performed which conforms to Exhibit B or with work changes to Exhibit B approved in advance by DOT. d. DOT shall reimburse the Business only for authorized work, and for which proper documentation of receipts, quantities, and proof of payment has been provided. e. Grant reimbursement costs of all Authorized Work documented in each Request for Reimbursement will be made only for Project costs the Business to the maximum amount stated in Paragraph 3.1 of the Agreement. 5.5. COMPLETION OF PROJECT AND FINAL ACCEPTANCE. The Business on completion of the Project work, the Business shall certify that the Project work has been completed in accordance with the Agreement by signing the Certificate of Completion. Railroad acceptance of the Project, if required, shall also be provided in writing. DOT shall determine whether to accept the Project as complete and shall promptly notify the Business in writing of any items of work not approved, pursuant to Exhibit B and any work changes to Exhibit B authorized in advance by DOT. 5.6 FINAL PAYMENT. After the Business certification that Project as complete, the Business shall submit a final bill within six months of Project completion. The DOT shall have no responsibility to make the final payment without receiving the final bill. M ARTICLE VI REPRESENTATIONS AND WARRANTIES OF BUSINESS To induce the Department to make the Grant referred to in this Agreement, the Business represents, covenants and warrants that: 6.1 AUTHORITY. The Business is duly organized and validly existing under the laws of the state of its incorporation and is in good standing, and has complied with all applicable laws of the State of Iowa. The Business is duly authorized and empowered to execute and deliver the Agreement. All action on the Business's part, such as appropriate resolution of its Board of Directors for the execution and delivery of the Agreement, has been effectively taken. 6.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Business and the Project provided to the Department are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 6.3 APPLICATION. The contents of the application the Business submitted to the Department for DOT funding is a complete and accurate representation of the Business and the Project as of the date of submission and there has been no material adverse change in the organization, operation, business prospects, fixed properties or key personnel of the Business since the date the Business submitted its DOT application to the Department. 6.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Business, threatened against the Business affecting in any manner whatsoever their rights to execute the Agreement, or to otherwise comply with the obligations of the Business contained under the Agreement. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Business, threatened against or affecting the Business or any property. 6.5 PRIOR AGREEMENTS. The Business has not entered into any verbal or written contracts, agreements or arrangements of any kind that are inconsistent with this Agreement. 6.6 MAINTENANCE. After the work has been completed and Project has been constructed pursuant to this Agreement, the Business agrees to assume all responsibility for future maintenance of the project for a minimum of ten years. ARTICLE VII COVENANTS OF BUSINESS 7.1 AFFIRMATIVE COVENANTS. The Business covenants with the DOT that: a. PROJECT WORK AND SERVICES. The Business shall complete the work and services detailed in Exhibit C of this Agreement by the Construction Completion Date. 5 b. ACCESS TO RECORDS /INSPECTIONS. The Business shall, keep records relating to this Project for a period of three (3) years following the date of the business's final billing to Department.. The Business on reasonable notice and at any time (during normal business hours), the business shall permit the Department, its representatives or the State Auditor to examine, audit and /or copy (i) any plans and work details pertaining to the Project, (ii) all of the Business' books, records and accounts relating to the Project, and (iii) all other documentation or materials related to this grant the Business shall provide proper facilities for making such examination and /or inspection. c. USE OF PROGRAM FUNDS. The Business shall expend funds received under the Agreement only for the purposes and activities described in its DOT Application and approved by the Department. d. DOCUMENTATION. The Business shall deliver to the DOT, the Business on request, (i) copies of all contracts or agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project. e NOTICE OF PROCEEDINGS. The Business shall promptly notify the DOT of the initiation of any claims, lawsuits, bankruptcy proceedings or other proceedings brought against the Business which would adversely impact the Project. f. NOTICE OF BUSINESS CHANGES. The Business shall provide prompt notice to the Department of any proposed change in the Business ownership, structure or control of the Business, which would materially affect the Project. g. MAINTENANCE OF PROJECT PROPERTY. The Business shall maintain the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commit waste or damage the Business on the Project property. INDEMNIFICATION. The Business shall indemnify and hold harmless the Department, its officers and employees, from and against any and all losses under this Project, except those losses incurred by the Department resulting from willful misconduct or negligence on its or their part. 7.2 NEGATIVE COVENANTS. So long as the Business is subject to the terms of the grant to the DOT, the Business shall not, without prior written disclosure to the DOT and prior written consent of DOT (unless DOT prior approval is expressly waived below),. directly or indirectly: a. BUSINESS' INTEREST. Assign, waive or transfer any of Business' rights, powers, duties or obligations under this Agreement. b. RESTRICTIONS. Place or permit any restrictions, covenants or any similar limitations on the real property and /or other collateral securing the Loan. c. RELOCATION OR ABANDONMENT. Relocate its operations or remove rail infrastructure funded through this Agreement from the location described in the application or abandon its operations or facilities or a substantial portion thereof for a period of five (5) years following the Construction Completion Date. on ARTICLE VIII DEFAULT AND REMEDIES 8.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Agreement: a. MATERIAL MISREPRESENTATION. If any representation, warranty or statement made or furnished to the Department by, or on behalf of, the Business in connection with this Agreement or application for this loan, is determined by the Department to be incorrect, false, misleading or erroneous in any material respect when made or furnished, it shall constitute an event of default. The Business shall have 30 days to remedy such default to the Department's satisfaction after written notice by the Department is given to the Business. b. NONCOMPLIANCE. If there is a failure by the Business to comply with any of the covenants, terms or conditions contained in this Agreement. c. CONSTRUCTION COMPLETION DATE. If the Project, in the sole judgment of the Department, is not completed on or before the Construction Completion Date. d. RELOCATION OR ABANDONMENT. If there is a relocation or abandonment by the Business as described in 7.2 (e). e. INSOLVENCY OR BANKRTHE BUSINESSTCY. If the Business becomes insolvent or bankrupt the Business, or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or the Business applies for or consents to the appointment of a trustee or receiver for the Business or for the major part of its property; or if a trustee or receiver is appointed for the Business or for all or a substantial part of the assets of the Business and the order of such appointment is not discharged, vacated or stayed within sixty (60) days after such appointment; or if bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against the Business and, if instituted against the Business, is consented to, or, if contested by the Business is not dismissed by the adverse parties or by an order, decree or judgment within sixty (60) days after such institution. f. INSECURITY. The Department shall deem itself insecure in good faith and reasonably believes, after consideration of all the facts and circumstances then existing, that the prospect of satisfaction of the obligations under this Agreement, or the performance of or observance of the covenants in this Agreement. 8.2 NOTICE OF DEFAULT. The Department shall issue a written notice of default providing therein a thirty (30) day period in which the Business shall have an opportunity to cure, provided that cure is possible and feasible. 8.3 REMEDIES THE BUSINESSON DEFAULT. If the default remains unremedied, DOT shall have the right, in addition to any rights and remedies available to it under any of the Security Instruments, to do one or more of the following: 7 a. exercise any remedy provided by law; b. require all Grant funds disbursed to the Business to be immediately repaid to the Department ARTICLE IX GENERAL TERMS AND PROVISIONS 9.1 BINDING EFFECT. This Agreement shall be binding the Business on and shall inure to the benefit of the Department and the Business and their respective successors, legal representatives and assignees. The obligations, covenants, warranties, acknowledgments, waivers, agreements, terms, provisions and conditions of this Agreement shall be jointly and severally enforceable against the parties to this Agreement. 9.2 COMPLIANCE WITH LAWS AND REGULATIONS. The Business shall comply with all applicable State and Federal laws, rules (including the administrative rules adopted by the Department for the RRLG Program - 765 Iowa Administrative Rules chapter 5.) 9.3 COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY OBLIGATIONS. The Business shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the IAC 216 (2003). The Business and its contractors will use their best efforts to solicit bids from and to utilize minority group contractors and subcontractors, or contractors and subcontractors with meaningful minority group and female representation among their employees. The Business will use its best efforts to ensure contractor and subcontractor compliance with Iowa .equal employment opportunity obligations. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Business receives state funds from the DOT. The Business shall comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4, and all requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation. 9.4 TERMINATION FOR CONVENIENCE. In addition to termination due to an Event of Default or nonappropriation of DOT funds, this Agreement may be terminated in whole, or in part, when the Department and the Business agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds. The Department and Business shall agree the Business on the termination conditions. The Business shall not incur new obligations after the effective date of the termination and shall cancel as many outstanding obligations as is reasonably possible. The Department will allow full credit to the Business for the Department share of the noncancellable obligations allowable under the Agreement and properly incurred by the Business prior to termination. 9.5 PROCEDURE THE BUSINESSON TERMINATION. If the Agreement is terminated for convenience, an Event of Default or nonappropriation of DOT funds, disbursements shall be allowed for costs the Business to the date of termination determined by the Department to be in compliance with this Agreement. The Business shall return to the Department all grant proceeds within one (1) week of receipt of Notice of Termination. Any costs previously paid by the Department which are subsequently determined to be unallowable through audit, monitoring or closeout procedures shall be returned to the Department within thirty (30) days of the disallowance. 9.6 SURVIVAL OF AGREEMENT. If any portion of this Agreement is held to be invalid or unenforceable, the remainder shall be valid and enforceable. 9.7 GOVERNING LAW. This Agreement shall be interpreted in accordance with the law of the State of Iowa, and any action relating to the Agreement shall only be commenced in the Iowa District Court for Story County or the United States District Court for the Northern District of I owa. 9.8 MODIFICATION. This Agreement may not be changed, waived, discharged or terminated orally, but only by a written document signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 9.9 NOTICES. Whenever this Agreement requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United States Mail. Any such notice given hereunder shall be deemed delivered the Business on the earlier of actual receipt or two (2) business days after posting. The Department may rely on the addresses of the Business set forth heretofore, as modified from time to time, as being the addresses of the Business. 9.10 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Department in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise thereof or the exercise of any other right or remedy. 9.11 LIMITATION. It is agreed that the Department shall not, under any circumstances, be obligated financially under this Agreement except to disburse funds according to the terms of the Agreement. 9.12 ENFORCEMENT EXPENSES. The Business shall pay upon demand any and all reasonable fees and expenses of the Department, including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Department under the Agreement. 9.13 FINAL AUTHORITY. The Department shall have the final authority to assess whether the Business has complied with the terms of this Agreement. 9.14 INTEGRATION. This Agreement contains the entire understanding between the Business and the Department and any representations that may have been made before or after the signing of this Agreement, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Agreement. 9.15 COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of who shall be deemed an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date last signed below. IOWA DEPARTMENT OF TRANSPORTATION: BY: +. u Date: '�)c , -at Ta icholson, Director Office of Rail Transportation BUSINESS: City of Iowa City BY: Alwlc� Date: unp ?I 2o1 1 Name: Matthew J. Hayek Title: 10 Exhibit \ � 9 . _..� > : \ ej ! 4E17— ��- k C. . � < Exhibit B _EXIST. ROW - -1 1 I I � - I a I - o I y b EXIST. ROAM. 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' IOWA CITY S X i X e 0 1 9 0 INDUSTRIAL CAMPUS e'uemm.a :�.NOm.a s e ;row e� u c a z> m x D. ` �n "as�.i2o:; X Nro v apoopAw — CwawElFn— T—i;NBY mr...� nFlm, NOS. 1 e�.00asls ' y X IOWA CITY, IOWA P (;F IS 1 FDOCUMENTS J� oRI.WVICS OF <OUaIFTEp WNSTpUCiiON - < naoxnnwrocaTmnerapArinropavrexsNCCams. � BY DATEi_ som nw.e nne sme r Y Z C Ttached Form 260012wd 07 -06 CA. Iowa Department of Transportation Exhibit J RAILROAD PROJECT PRELIMINARY COST ESTIMATE Project Description (Please enclose location and site map of area) Location: County Johnson Town City of Iowa City Exhibit C Address 420th Street SE Siding - 4940 LF Spur Length: Spur -1400 LF Ft. Connecting RR Iowa Interstate Railroad Milepost _ Purpose: (Industry Served) Wind Energy Industry Date Estimate Prepared 12/27/10 Products Shipped: Materials for manufacturing wind turbines Total Project Cost $ 2,260,150.00 A. SITE GRADING ITEMS ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL AMOUNT (1) CLEARING AND GRUBBING Site shall be cleared and grubbed prior to grading work. 1 Acre $ 10200.00 $ 10200.00 (2) TOPSOIL, STRIP, SALVAGE, & RESPREAD Topsoil shall be stripped, salvaged, and replaced on all Slopes and disturbed areas. 3900 C.Y. $ 12.00 $ 46800.00 (3) EXCAVATION, Class 10 roadway & borrow Roadbed shall have minimum 24' top with 2:1 side slopes and ditches at least 2' wide by 1' deep 51000 C.Y. $ 8.50 $ 433500.00 (4) EMBANKMENT, with moisture & density control Roadbed shall have minimum 24' top with 2:1 side slopes and ditches at least 2' wide by 1' deep. 0 C.Y. $ $ 0.00 (5) SUBBALLAST, Compacted in place Class A crushed stone shall be placed 22' wide and a Minimum 8" deep. 4050 C.Y. $ 40.00 $162000.00 (6) SEEDING AND FERTILIZING All disturbed areas shall be seeded and fertilized to meet DOT rural standards. 10.5 Acre $ 2100.00 $ 22050.00 (7) CULVERTS, UNCLASSIFIED Diameter 42 & 66 INCH Type RCP EXTENSION Culvert shall meet DOT specifications for type. 330 L.F. $ 236.00 $ 77880.00 (8) OTHER (Specify) Demolition, Removals, etc. $ $ 0.00 (9) OTHER (Specify) Utility Relocation, Fencing, etc. $ $ 0.00 Exhibit C .•..�uaua� u RAILROAD ECONOMIC DEVELOPMENT PROJECT PRELIMINARY COST ESTIMATE B. TRACK CONSTRUCTION ITEMS UNIT TOTAL ITEM DESCRIPTION QUANTITY UNITS PRICE AMOUNT (1) RAIL (Includes OTM) SIZE: 115 # Minimum 90# Industrial or heavier. 6340 T.F. $ 46.00 $ 291640.00 Minimum rail length shall be 25 feet. N (2) TURNOUT, INSTALLED (Other than Mainline) w Turnout No. 2 -11, 3 -9 Rail Size: 115# 5 Each $ 78000.00 $ 390000.00 New or rebuilt components shall be used. J Q (3) TIES (Specify), New X or Used QMainline relay or new industrial grade shall be used. 3460 Each $ 68.00 $ 235280.00 Maximum 22" center to center spacing. (4) BALLAST PURCHASE TYPE Ballast shall be 1 '/2" to 2" clean rock placed to a minimum 4800 Tons $ 21.00 $ 100800.00 Depth of 6" below tie bottom. n (5) TRACK CONSTRUCTION (excluding turnout) ❑ w Includes installation of Rail, OTM, Ties, & Tie Plates in 6340 T.F. $ 14.00 $ 88760.00 Z H Accordance with AREMA Specifications. W m w 2 (6) SURFACING AND LINING 0- Track shall be surfaced, lined, and broomed. 6340 T.F. $ 1.00 $ 6340.00 Ci W cn (7) ROADWAY CROSSING Type Surface Include crossing protection. Type 0 T.F. $ $ 0.00 H Crossing surface & protection shall be appropriate for w F" (8) OTHER (Specify) IAIS Railroad Flagmen W Bumping Posts, Derails, etc. 30 Da $ 630.00 $ 18900.00 A. and B. Subtotal CONSTRUCTION COST $ 1884150.00 $ 188000.00 Construction Cost Contingency -- (up to 10 percent) C. Railroad Installed Turnout Specify Installing RR: $ Turnout Number: Rail Size: D. Engineering Costs — Track Construction Only Specify Engineering Firm Foth Infrastructure and Environment, LLC. $ 188000.00 Limited to 10 percent of Parts A and B construction costs. E. Acquisition Costs Acre $ $ 0.00 Buyer Seller TOTAL PROJECT COST $2,260,150.00 Name of Estimator Scott Sovers, P. E. Telephone Number 319- 365 -9565 REQUIRED Procedures for Contracting Work The Business shall do the following in sequence: A. Develop plans and specifications covering the work, conforming to the Manual for Railway Engineering, published by the American Railway Engineering and Maintenance -of Way Association (AREMA), the connecting railroad minimum requirements, and the State of Iowa guidelines and standards agreeable to both the connecting railroad and the Iowa Department of Transportation (DOT). B. Submit plans and specifications along with bid documents to DOT for review and concurrance. C. Solicit bids for specified work from three or more Track work contractors. D. Send the results of the letting including all letters of solicitation, bids received, the low bidder or contractor of choice, and the total fixed contract cost or the fixed unit prices to the DOT for review and concurrence to award contract. E. Award contract to selected contractor and supervise contract to completion. F. Notify the DOT prior to start of work to enable monitoring and inspection of the project during construction. G. Any extra work needed to complete the project shall be approved by all parties to the agreement prior to commencing extra work. Extra work orders will show agreed to cost and the cost will be eligible for reimbursement with prior approval. H. Secure written approval for train operations from operating railroad, send copy to DOT. I. Notify the DOT of project completion and schedule final inspection. J. Submit an original bill and proof of payment for approved costs along with a cover letter requesting payment and summarizing project costs to enable audit and justify payment. Publish 5/25 ADVERTISEMENT FOR BIDS Iowa City Industrial Campus Sealed proposals will be received by the 10 30 Clerk of the A.M. on the 14t of Iowa day of June Iowa, , 2011, and shall be received in the City Clerk's office no later than said date and time. Sealed propos- als will be opened immediately thereafter by the City Engineer. 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 Emma J. Harvat at 7:00 P.M. on the 21 st day of June, 2011, or at such later time and place as may then be scheduled. The Project will involve the following: The construction of site improvements as required to develop approximately 173 acres of land located adjacent to 420th Street. Project includes all materials, labor and equipment necessary for the completion of the project. Approximate project quantities include: 50,550 CY of excavation and embankment, 9,213 SY of 10" PCC roadway pavement, 2,356 SY of 6" PCC sidewalk pavement, 4,871 LF of subdrain, 4,256 LF of storm sewer, 26 storm sewer structures, 2,488 LF of water main, pavement markings, 5,014 LF of sanitary sewer, 330 LF of directional boring with steel casing pipe, 12 sanitary sewer structures, erosion control, seeding, traffic control and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC. of Cedar Rapids, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring 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 five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: July 5th 2011 Completion Date: April 30"', 2012 Liquidated Damages: $800.00 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 the City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa 52240, by bona fide bidders. A $75.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: Treasurer of the City of Iowa City, Iowa. The refund will be issued 2 weeks after bid opening if re- useable plans and specifications are returned to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference 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 resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 20 Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5144 RESOLUTION NO. 11 -240 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS PROJECT. WHEREAS, Maxwell Construction of Iowa City, Iowa has submitted the lowest responsible bid of $3,162,014.70 for construction of the above -named project; and WHEREAS, funds for this project are available in the Iowa City Industrial Campus Project account # 4512. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to Maxwell Construction, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 21st day of June 12011 ATTEST:� CITY &k-ERK It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X pweng /res /awrdcon -ICIC. doc 6/11 Approved by fit, ✓�� iv�1l ��T�� -' City Attorney's Office Mims the Resolution be ABSENT: ABSTAIN: Bailey Champion Dickens Hayek X Mims Wilburn Wright M- 21 Prepared by: Jennifer Jordan, Recycling Coordinator, 3900 Hebl Ave., Iowa City, IA 52246 (319) 887 -6160 RESOLUTION NO. 11 -241 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE ADOPTION OF THE EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS' UPDATED REGIONAL COMPREHENSIVE INTEGRATED SOLID WASTE MANAGEMENT PLAN 2011 -2017. WHEREAS, Chapter 455B.302 of the Code of Iowa states that each city and county of this state shall provide for the establishment and operation of a comprehensive solid waste reduction program consistent with the adopted hierarchy of solid waste management (so stated in Chapter 455B.301A); and WHEREAS, Chapter 4556.306(1) of the Code of Iowa states that all cities and counties shall file with the Iowa Department of Natural Resources a comprehensive plan detailing the method by which those waste reduction and recycling program requirements will be met, and that plan shall be updated consistent with the rules of the Environmental Protection Commission; and WHEREAS, an update of the Regional Comprehensive Integrated Solid Waste Management Plan 2011 -2017 has been prepared by the East Central Iowa Council of Governments, and the City of Iowa City will fulfill its planning requirement through its adoption; and WHEREAS, the City of Iowa City has participated in the preparation and review of the Regional Comprehensive Integrated Solid Waste Management Plan 2011 -2017, and the City of Iowa City is committed to the State of Iowa's waste reduction and recycling goals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the East Central Iowa Council of Governments' updated Regional Comprehensive Integrated Solid Waste Management Plan 2011 -2017 a copy of which is available for review in the Public Works Department at City Hall. Passed and approved this 21st day of June '20 11 . ,fit- �4 MAYOR Approved by ATTEST:a - --�-� CITY ERK City Attorney's Office S- 3 i I I( AnnenVorms \resolution form.doc Resolution No. 11 -241 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x X x x x x wpdata /glossary/resolutio n- ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright City of Iowa City MEMORANDUM DATE: June 13, 2011 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Lower Muscatine Road Reconstruction Project (Kirkwood Avenue to First Avenue) Consultant Agreement Amendment — June 21 Foth Infrastructure and Environment, LLC was hired to provide consulting services for preliminary and final design of the Lower Muscatine Road Reconstruction Project. The Consultant Agreement for project design included: • Reconstruction of Lower Muscatine Road from Kirkwood Avenue to 1St Avenue, including a two -lane section from Kirkwood Avenue to Sycamore Street and a three -lane section from Sycamore Street to 1St Avenue. • Realigning Sycamore Street at the Lower Muscatine Road intersection, including design of a new shared driveway connection for MidAmerican Energy and Kirkwood Community College. • Installing a new traffic signal at the intersection of Lower Muscatine Road and Sycamore Street. • New storm sewer along Lower Muscatine Road. • New water main along Lower Muscatine Road and Deforest Avenue. • Replacing a section of sanitary sewer along Lower Muscatine Road. • Preparation of plats for property and easement acquisitions. • New modular block retaining walls. During design of the project, additional design items were incorporated into the scope of the project that were not part of the original agreement. These items address issues that were discovered during the design process and provide additional benefits to the project. The following design items were added to the project scope: • Expansion of the southern project limits from 1St Avenue to approximately 200 feet southeast of 1 st Avenue. • New roadway lighting system along Lower Muscatine Road. • Additional storm sewer and water main along Sycamore Street. • Additional water main along 1St Avenue. • New City fiber optic conduit system along Lower Muscatine Road. • Additional property and easement acquisition plats. • Temporary signal design for traffic signal operations during construction. • Additional modular block retaining walls. Staff recommends proceeding with the following schedule for this project: June 21 — Approve Amendment to the Consultant Agreement for design services Cc: Rick Fosse, Public Works Director Jason Havel, Civil Engineer uti-21 -11 22 M4� Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5410 RESOLUTION NO 11 -242 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE NOVEMBER 2, 2009 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1sT AVE). WHEREAS, the City of Iowa City entered into a contract on November 2, 2009 for consulting services with Foth Infrastructure and Environment, LLC of Cedar Rapids, Iowa, to provide design services for the Lower Muscatine Road Reconstruction Project (Kirkwood Ave. to 1St Ave.); WHEREAS, the City of Iowa City desires to install roadway lighting, construct additional water main and storm sewer, extend the project limits to 200 feet southeast of 1s Ave., and install fiber optic conduit with said project; and WHEREAS, the City desires the services of Foth Infrastructure and Environment, LLC to prepare preliminary and final design plans and specifications for said facilities; and WHEREAS, the City of Iowa City has negotiated Amendment #1 to the November 2, 2009 Agreement for said consulting services with Foth Infrastructure and Environment, LLC of Cedar Rapids, Iowa, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Foth Infrastructure and Environment, LLC; and WHEREAS, funds for this project are available in the Lower Muscatine - Kirkwood to First Avenue account #3803. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement Amendment attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement Amendment in duplicate. Passed and approved this 21st day of June , 2011. MAYOR App ved by ATTEST: CITVQLERK City Attorney's Office Pweng /resAwrmusc reconstruct - amd.doc Resolution No. 11 -242 Page 2 It was moved by Mims and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wp data/g I ossa ry/resolution -ic. d oc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright CONSULTANT AGREEMENT LOWER MUSCATINE ROAD IMPROVEMENTS AMENDMENT NO. 1 THIS AMENDMENT to the November 2, 2009, CONSULTANT AGREEMENT for the Lower Muscatine Road Improvements Project, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Foth Infrastructure and Environment, LLC of Cedar Rapids, hereinafter referred to as the Consultant, is made and entered into this 21st of .Tune , 2011. WHEREAS, the City desires to broaden the scope of services to be performed by the Consultant to accommodate an extension of the project limits to approximately 200' south of 15t Avenue, for a total project length of 4,445 linear feet, and to design additional public utility improvements, as detailed below; and WHEREAS, Consultant is willing to perform these additional services for an increase in their fee and extension of the schedule for completion. NOW THEREFORE, it is agreed by and between the parties hereto that the parties do now agree to the following amendments to the November 2, 2009 Consultant Agreement: Attachment "A "- Scope of Services: a. Task A — Contract Management i. Section 1.2 Project Development Team Meetings: delete "four (4)" project meetings and replace with "eight (8)" project meetings; ii. Section 1.3 Public Information: delete "one (1)" public informational meeting and replace with "two (2) "; iii. Section 1.4 Individual Property Owners Meetings: delete "one (1) meeting for approximately half of the adjacent properties (estimated a total of 20 meetings)" and replace with "five (5) meetings "; iv. Section 1.8 Design Coordination with Iowa DOT District 6 Local Office: delete this section in its entirety and replace with the following: "Consultant will coordinate improvements design with the Iowa DOT through e-mail and telephone correspondence as required by state and federal funding. Meeting minutes along with documentation of other communications shall be prepared by the Consultant and included in the project file." b. Task B — Survey and Mapping, Section 1.5 Plat Preparation of Acquisition Plats and Legal Descriptions: delete "23" permanent acquisition plats and replace with "36" acquisition plats. c. Task D- Utility Design i. Section 2.0 Water main: add 12 -inch dia. Water main along Sycamore Street from Lower Muscatine Road to Deforest Avenue. ii. Add the following: Section 3.0 Storm Sewer. This task consists of designing storm sewer replacement along Sycamore Street from Lower Muscatine Road to Deforest Avenue. d. Task E - Roadway Design i. Section 1.0 Preliminary Plans: delete "1St Avenue" and replace with "200' south of 1 st Avenue "; ii. Section 1.5 Plan Preparation - Staging and Traffic Control (J Sheets): Add "This task shall also include the design and plan preparation for temporary traffic signals required for staged construction." iii. Section 1.5 Plan Preparation - Staging and Traffic Control (J Sheets): Add "This task shall include staging and traffic control detailing for multi -year construction, including the use of detour pavement." iv. Section 1.9 Plan Preparation - Traffic Signal Improvements Plans (N Sheets): Delete "traffic signal modification" and replace with "traffic signal replacement "; insert or salvaged and returned to the City" at the end of the last sentence; add "This task shall also include project coordination, design development, and plan preparation for installing IT conduit, and related facilities, for the City." v. Section 1.10 Plan Preparation - Roadway Lighting Plans (P Sheets): The following shall be inserted into the beginning of the section: "This task includes the design of a complete roadway lighting system for the project corridor. The roadway lighting system shall be designed such that the system will be owned and maintained by the City." vi. Section 1.11 Plan Preparation - Landscaping Plans (R Sheets): delete this section in its entirety. vii. Section 1.13 Plan Preparation - Special Construction Details (U Sheets): Delete "a two (2) modular block retaining walls" replace with "four (4) modular block retaining walls, including those ". viii. Section 2.3 Preparation of Special Provisions: Add "This task includes the development of a special provision for Kastle Block Wall as needed for the project." Attachment B- SCHEDULE: The Project Schedule is hereby amended as follows: Consultant Contract approval November 2, 2009 Preliminary Plan Submittal March 16, 2010 July 13, 2010 Acquisition Plats June -October 2010 Check Plan Submittal May 25 2010 January 28, 2011 Property Acquisitions FebruaFy 1 thru july 31, 2009 January 2011 -June 2011 Final Plans June 2-2, 2010 April 19, 2011 Project Letting SepternbeF 21 2010 October 2011 III. Section IV. COMPENSATION FOR SERVICES In consideration for the above - described change in the Scope of Services, Consultant's total hourly not -to- exceed fee is hereby amended to $353,793. This additional $98,793.00 in fees is summarized below: Task A- Contract Management: $2,900 Task B- Survey and Mapping: $10,877 Task D- Utility Design: $13,912 Task E- Roadway Design: Preliminary Plans- $30,392 Check Plans- $40,712 IV. All other provisions of the November 2, 2009, Consultant Agreement not specifically amended herein shall remain in full force and effect. FOR THE CITY FOR THE CONSULTANT By: .nom— By: Matthew J. Hayek Title: Mayor Title: se-:Hvo ti. Date: June 21, 2011 ATTEST: City Jerk Date: (oft I I t Approved by: I fix City Attorney's Office (1110111 Date DATE: TO: FROM: RE: City of Iowa City MEMORANDUM June 13, 2011 Tom Markus, City Manager Ron Knoche, City Engineer First Avenue Storm Sewer Improvements Project Consultant Agreement — June 21 This project will construct storm sewer improvements near First Avenue, between the Lower Muscatine Road Reconstruction Project and the First Avenue Grade Separation Project. Foth Infrastructure and Environment, LLC will be providing consulting services for preliminary and final design of the plans and specifications for the project. In the past, First Avenue has experienced flooding near the existing box culvert that crosses under First Avenue south of Mall Drive. In addition, the mini -mall located at 1705 First Avenue has experienced flooding from the open ditch located behind the building. The proposed storm sewer improvements are intended to address these issues, as well as accommodating storm water from the proposed Lower Muscatine Road Reconstruction and First Avenue Grade Separation projects, to reduce the frequency of flooding at these locations in the future. It is anticipated that the project will be designed and constructed in two phases. Phase 1 will include new storm sewer to replace the open ditch behind the mini -mall at 1705 First Avenue. Phase 2 will include storm sewer improvements from the northeast end of the ditch behind the mini -mall to the existing culvert east of First Avenue where storm water flows onto the Proctor and Gamble site. Construction of Phase 1 is expected to occur in the Fall of 2011, and construction of Phase 2 is anticipated during the 2012 construction season. Staff recommends proceeding with the following schedule for this project: June 21 — Approve Consultant Agreement for design services Cc: Rick Fosse, Public Works Director Jason Havel, Civil Engineer 23 �q 3 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of . 2011 , by and between the Ci wa City, a municipal corporation, hereinafter referred to as the City and Foth In, alstruc re and Envir ent LLC. , of Cedar Rapids, hereinafter referred to as the Consultant. WHEREAS, the City desire to secure the servic of the Consultant to provide engineering planning and design service related to the 15` Avenu Storm Sewer Improvements. WHEREAS, the preliminary and final design service to be provided, shall include design of storm sewer improvements nd general plan and spe ification preparation. The total length of the proposed storm sewer im rovements is approxima ely 1,485 LF, NOW THEREFORE, it is ag ed by and between t e parties hereto that the City does now contract with the Consultant to rovide services as set rth herein. I. SCOPE OF SERVICES Consultant agrees to perform the \enneerin ces for the City, and to do so in a timely and satisfactory manner. Services p agreement shall be as further described in Attachment A, attached and in The City agrees to provide the information stated in Attachment D, attache herein. II. TIME OF COMPLET ION The Consultant shall complete aloject in accordance with the schedule shown, assuming notice to proceed is issor before June 21, 2011. The schedule of the work to be perfo d shall conform to the Schedule set forth in Attachment B, attached and incor rate herein. Any deviations from the Schedule shall be approved by the authorized City r resen tive. III. GENERAL TERMS A. The Co/gion, shall not com it any of the following employment practices and agrees it the following p actices in any subcontracts. 1 arge or refuse to ire any individual because of their race, color, sex, national origin, disabilit y, age, marital status, gender identity, l orientation. 2. To discriminate against any in %ne ual in terms, conditions, or privileges of employment because of theie, color, religion, sex, national origin, disability, age, marital status, re r identity, or sexual orientation. B. SVOUld the City terminate this Agreement, t e Consultant shall be paid for all work d services performed up to the time of inatio I n. However, such sums shall �of be greater than the "Not -to- exceed" amou t listed in Section IV. The City may /terminate this Agreement upon seven (7) ca endar days' written notice to the Consultant. C. this Agreement shall be binding upon the succes rs and assigns of the parties hereto, provided that no assignment shall be with t the written consent of all Parties to said Agreement. -2- D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the per�efmance of the Project. E. It is agreed by the City th t all records and files pertaining to information needed by the Consultant for the p oject shall be available by ;said City upon reasonable request to the Consultant. The City agrees to furnish/all reasonable assistance in the use of these records and files. F. it is further agreed that no Party to this Agreeme shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall ttend meetings of the City Council relative to the work set forth in this Agreeme t. Any requests made by the City shall be given with reasonable notice to the nsultant to assure attendance. H. The Consultant agrees to furnish, upon rmination of this Agreement and upon demand by the City, copies of all basic otes and sketches, charts, computations, and any other data prepared or ob ined by the Consultant pursuant to this Agreement without cost, and without estrictions or limitation as to the use relative to specific projects covered under t is Agreement. In such event, the Consultant shall not be liable for the City's us of such documents on other projects. I. The Consultant agrees to furni all reports, specifications, and drawings, with the seal of a professional engine r`,affixed thereto or such seal as required by Iowa law. 1 J. The City agrees to tende the Co sultant all fees in a timely manner, excepting, however, that failure of t e Consul nt to satisfactorily perform in accordance with this Agreement shall c nstitute gro nds for the City to withhold payment of the amount sufficient to properly co m lete the Project in accordance with this Agreement. i K. Should any sectigh of this Agreemen be found invalid, it is agreed that the remaining portion/ shall be deemed sever ble from the invalid portion and continue in full force and Offect. L. Original contract drawings shall become the Xroperty of the City. The Consultant shall be allowed to keep mylar reproducible c ies for the Consultant's own filing use. M. Fees paid"'for securing approval of authorities hav g jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledge that Section 362.5 of the Iowa Code prohibits a City officer or employee from havi an interest in a contract with the City, and certifies that no employee or officer of e City, which includes members of the City Council and City boards and commis ions, has an interest, eitherjdirect or indirect, in this agreement, that does not fall w in the exceptions to said statutory provision enumerated in Section 362.5. -3- O. The Consultant agrees at all times material to this Agreement -to have and maintain professional liability insurance covering the 'Consultant's 'liability for the Consultant's negligent acts, e(herein, fissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES In consideration of the services, work, equipmor materials provid d herein, the City agrees to pay the Consultant the following N ED FEE (Unit C st/Time Charges), which fee includes any authorized reimbursabl ursuant to the hedule of Fees set forth in Attachment C, attached and incorporat TOTAL NOT -TO- EXCEED FEE $ 131,225.00 V. MISCELLANEOUS A. All provisions of the Agreement shall be rec cited in accordance with the generally accepted standards of the Engineerin rofession. B. It is further agreed that there are other onsiderations or monies contingent upon or resulting from the executi n of his Agreement, that it is the entire Agreement, and that no other monies r c nsiderations have been solicited. FOR THE CITY FOR THE CONSULTANT Foth Infrastructure and Environment, LLC r By: By: IV Title: Title: Senior Proiect Manager Date: Date: r" III ATTEST: Ap roved by: e City Att ney's Office Date Foth Infrastructure & Environment, LLC Date: June 14, 2011 1" Avenue - Storm Sewer Improvements City of Iowa City ATTACHMENT "A" - SCOPE OF SERVICES 1" Avenud STORM SEWER IMPROVEMENTS Iowa City, Iowa The work to be performed by the Consultant under this agreement shall encompass and include all work, services, materials. equipment and supplies necessary for the project. The scope of services is based on the following assumptions: • The preliminary design development will involve storm sewer improvements near Lower Muscatine Road, 1St Avenue and Procter & Gamble, approximately 1,485 -ft in length. The project will be bid in two (2) phases with the Phase 1 Construction in Fall 2011 and Phase 2 Construction in Spring /Summer 2012. • The Consultant shall develop t Phase 1 construction documents for the storm sewer/parking lot improvements from the northea terly corner of the Jimmy Jack's property to the northeasterly corner of the Mini -Mall property at 170 1St Avenue, approximately 450 -ft in length. • The Consultant shall develop the Phase 2 construction documents for the extended storm sewer systems from the Phase 1 Improv ments to 1 St Avenue and continuing easterly to the outlet at Procter & Gamble, approximately 1,035 -ft n length. Includes evaluation of alternatives for existing 1St Avenue culvert. The scope of services to be performed the Consultant shall be completed in accordance with generally accepted standards of practice and shall elude the services to complete the following tasks: Basic Services of the Consultant: TASK A — Design Services 1.0 PROJECT ADMINISTRATION 1.1 Project Management The project manager will be responsible for tho' \inicing pment and tracking of the project plan for the project development. This includes task ider0istaff scheduling and coordination, project communications, monthly progress reportin:6 an and other important elements of the project. The project design duration is assumed to& th13) months (June 2011 — May 2012). 1.2 Project Development Team Meeti gs The Consultant shall maintain commu (cations with the oject Development Team and various other designated representatives. The pr ect development tea will include the City of Iowa City Engineering Department and Foth Companies. eet to review progress nd to discuss specific elements of the project design (assume four (4) m etings in Iowa City). For b dget purposes, it is assumed that the meetings will be attended by one, 1) staff member of the Cons tant. The following project meetings re included with the scope of • Project Development Mee Ings - two (2) meetings • Preliminary Plans — one ) meeting • Final Plans — one (1) m eting 1.3 Meetings with Proct r & Gamble The Consultant will atte meetings with Proctor & Gamble (P &G) to add\tneeds. ues of specific concern to their property. These eetings will be held to address specific discussut storm sewer design, impacts to their existin site drainage study and construction access /easeeds. During the schedule individual property owner meeting ti mes, the Consroject engineer will meet with the City and aff cted property owner to discuss the specifics of the it relates to their property, obtain inf rrnation regarding any issues the property owner feeo ant, and get input regarding their expectations. For budget purposes, it is assumed that thlta t will conduct two (2) meetings with P &G and will be attended by one (1) staff member of the nt. 1.4 Other Project Coordination Foth Infrastructure & Environment, LLC Date: June 14, 2011 1�' Avenue - Storm Sewer Improvements City of Iowa City The Consultant shall coordinate the project design with the City's consultant for the 1st Avenue Iowa Interstate Railroad Grade Separation Project to address transition of construction from one project to the other, including specific design details of the storm sewer system. 1.5 Utility Coordination The CONSULTANT will conduct meetings wit individual utility companies to address specific conflicts. It is anticipated that there will be two (2) meeti gs with representatives of the various utility companies. The first will be to advise of the nature and exte of the improvements and any pmtential conflicts with existing or proposed utility systems, and the second will be preliminary /final design r view and coordination meetings. i 1.6 Public Information i The Consultant will conduct one (1) public i formational meeting that w�I be attended by two (2) staff members of the Consultant. The purpose o this meeting will be to pr sent the final project design and anticipated construction schedule to the adja ent property owners a d other affected parties. This task includes preparation of the public n tification letters, dis lay materials and pertinent hand out information for the meeting. Also includes re iewing the results,/of the meeting with the Project Development Team. The reserving of the me ing facility and public notification will be completed by the CITY. 1.7 Quality Control Plan Establish review and checking procedures for oject 7`v erables. Designate responsibility for implementation of the plan. 2.0 DESIGN SURVEYS The Consultant shall perform field and office tas required to collect supplemental topographic information deemed necessary to complete theX ject. The specific supplemental survey tasks to be performed include the following: 2.1 Control Surveys The CONSULTANT will establish horizont and ve ical control for the project area. Each permanent control point or benchmark shall have horirzontal coo dinates or elevation, recovery information and monument description. Accurate descri 'tions of the orizontal control points and benchmarks will be created and recorded on the plan sheet. The horizo tal control will be based on the US state plane Iowa south zone US survey foot NAD 83 (1$96 Harn) and th vertical control based on NAVD 88. 2.2 Supplemental Topographic Sorvey The CONSULTANT shall perform supplemental topograp is surveys required for the development of the project and to supplement the topographic survey that was erformed, by the Consultant, for the previous Lower Muscatine Road Improveghents Project. Horizontal a d vertical accuracies shall be adequate to produce a map that is compatible with the topographic data f r incorporation into the existing base mapping. 1 r 2.3 Supplemental Utility Surveys The CONSULTANT shill perform supplemental utility surveys or the project. The Consultant shall contact utility owners of record or the "one call" representative and quest that buried utilities be marked in the field. Establish cootdinates and elevations (if possible) for utili ies that fall within the limits of the project and are visible or/have been marked on the ground by the utilit owner. This task consists of field locate utility locations established by others; ex vating to expose buried utilities is not part of t is contract. Utilities to be surveyed include phone, g s, fiber optic, water main, overhead /undergrouhd electrical, sanitary sewer and storm sewer (including ower poles, pedestals, valves and manholes). This includes establishing manhole and intake elevatio s for existing sanitary, storm sewers and culverts. 2.4 Supplemental Right -of -Way Surveys The CONSULTANT shall perform supplemental right -of -way surveys for the project. The right -of -way surveys shall be in -depth legal surveys for which acquisition plats may be developed. Foth Infrastructure & Environment, LLC Date: June 14, 2011 1s' Avenue - Storm Sewer Improvements City of Iowa City This task includes a thorough search of CITY, County and State records to review all surveys of record pertaining to the survey corridor, including County Auditor's Subdivisions Plats, original government surveys, early surveys made by County Surveyors, all irregular land survey and road establishment records. Copies of such records are to be included in the project file for future reference. This task also includes obtaining sufficient field data to locate or establish property lines affected by the project to enable the preparation of the improvement plans. This includes locating section corners, property pins, and visible lines of occupatio such as fences, field divisions or any other lines, indicating possession. All property pins within the pr -a corridor that are missing shall be documented. A diligent effort must be made to recover existing la d corner monuments necessary to describe the right -of -way along the project corridor. The task includes incorporation of propert lines, right -of -way lines, anOwnership of properties affected by the project into the base mapping for th project. The base mapping will identify the owners and approximate boundaries of all appropriate arcels within the survey �mlts. 2.5 Plat Preparation of Acquisition Plats nd Legal Descriptions The Consultant shall prepare acquisition pla and legal descrip ions for property to be acquired for the project. For estimating purposes, the followi g numbers of ac isition plats are assumed for this agreement: Permanent Utility Easement plats = Phase 1 ( each) and hase 2 (6 each) = Total 9 plats. Temporary Construction Easement plats = Pha e 1 (7 ea h) and Phase 2 (6 each) = Total 13 plats. The following table summarizes the anticipated oject;6ght -of -way acquisitions, for which this scope of service task has been developed: \ PARCEL NUMBER PARCEL NAME X PERMANENT UTILITY TEMPORARY CONSTRUCTION 1 Cahill Enterprises LP 1705 1s1 Ave) 1 1 2 Gerr Ambrose (1621 ls'Avev 1 3 Gerr Ambrose 11555 15' Ay 1 1 4 Mergen, John (vacant lot gh Mall Drive _ _ 1 5 Alber_hasky, Marilynn 15 8 Mall Drive - 1 6 CCT Holdings LLC 15 Mall Drive - 1 7 IC Community School 1528 Mall Drive)___.. - 1 8 S &M East L.C. mul ' le parcels) 4 4 9 Realty Holdin Co. nc. 1480 15' Ave 1 1 10 Proctor & Gambl Hair Care LLC 1 1 Individual plats and legal descr tions will be prepared for each p cel with temporary acquisitions. The plats and legal descripti/lude 11 comply with requirements of the I wa Code and shall be prepared by or under the direct supervia duly licensed land surveyor under t e laws of the State of Iowa. The plats shall also be comp accordance with the CITY of Iowa Ci requirements. This task also consists g the easement locations for purposes f right -of -way negotiations. The staking survey includes king of key easement location points in der to visualize the locations in the field and shall also imarking of existing property lines locati ons. For the purpose of this agreement, easements taked one (1) time. 2.6 Monumentation Permanent Right -of -Way Acquisitions This task consists of onumentation of the permanent right -of -way acquired as �eern of this project, which will be perfor ed upon completion of construction of the proposed improvs. The monum entation sha comply with requirements of the Iowa Code and shall be ped by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. This task does not include monumentation of any existing right -of -way pins that are disturbed during construction activities. Foth Infrastructure & Environment. LLC Date: June 14, 2011 1s' Avenue - Storm Sewer Improvements City of Iowa City 3.0 PRELIMINARY DESIGN DEVELOPMENT The Consultant shall develop the preliminary design for construction of the storm sewer improvements. The work to be performed by the Consultant under Preliminary Design Development shall consist of the following tasks: 3.1 Preliminary Design Development This task consists of preparation of prelimina design for the storm sewer improvements. The primary focus will be on storm sewer layout alternati s, including site grading related improvements, and other necessary construction elements. The prelim) ary design will also incorporate potential elements that may affect the corridor including property imp cts. The plans will show existing topographic features, utility improvements and right -of- way /easeme requirements. The design drawings will show base mapping a d proposed site layout features including existing /proposed grading contours, storm sewe alignments &profiles, slope i}�tercepts, ditch locations, cross drainage, erosion containment, existing /pr posed drainage structures (� cluding flow line, drainage area, and topography), existing /proposed right -of way. The preliminary design plans will be used as a ref rence in preparing final onstruction plans for the storm sewer improvements. This task includes de elopment of two (2) p' e conveyance alternatives. 3.2 Design of Storm Water Drainage (Phase 1 an This task consists of hydrologic and hydraulic inves accordance with Chapter 2 of Iowa Statewide Urban for proposed storm water drainage practices. This t Management Plan" for the proposed site improveme and hydraulic conditions and analyze the impacts th e drainage patterns. Once the impacts have been qua support the proposed improvements. 3.3 Review of Storm Water Drainage (P &G to Ind This task includes review of the existing drainage s Industrial Park Road bordered by Hwy 6 and Iowa I tasks: Phase 2) gations for the s rm sewer system, which shall be in Design Stand ds for Public Improvements (SUDAS) sk also cons is of developing a "Storm Water ts. This pl n will inventory the existing hydrologic propose improvements will have on the area wide ified d sign alternatives will be developed to 'Park Road) s between the westerly property line of P &G and ate Railroad. This includes the following key a.) Field review of existing drainage basin with S of k y elevations, including major drainage structures, roadway overtopping, finished fl or elevati ns, etc. b.) Preparation of an exhibit utilizing availabl City GIS inf rmation, aerial photograph images, and existing grading contours. Identificatio of existing sto sewer pipe/structures; labeling sewer diameter, approximate grades /slopes, tructure types a d approximate drainage areas. This information will then be used in the a alysis of the existin drainage system. c.) Development of drainage model in rporating key feature (culverts /pipe /detention basin). d.) Perform hydrologic and hydraulic ' vestigations in accords ce with the Iowa Statewide Urban Design Standards for Public Improvem is Manual (SUDAS) to det rmine existing storm sewer characteristics and area impac resulting from upstream dra age system improvements. e.) Preparation of drainage This task does not include development of alternatives, evaluation o`�costs or recommendation of solutions. // \ 4.0 PRELIMINARY PLANS Utilizing the alignments as eveloped in the preliminary design, the Con Itant shall provide preliminary plans for the utility improv ments. Upon completion, the preliminary desig plans will be approximately 60 percent complete. 4.1 Plan Preparation Title Sheet and Typical Details (A and B Sheets) Prepare title and typi I details sheets for the utility improvements. This task sh II also include miscellaneous const uction details such as special paving details, grading detail and other required details. \ 4.2 Plan Preparatioiy - Estimate of Quantities (C Sheets) Foth Infrastructure & Environment, LLC Date: June 14, 2011 1" Avenue - Storm Sewer Improvements City of Iowa City This task consists of a preliminary determination of the bid items to be included in the project, along with their appropriate tabulations. 4.3 Plan Preparation - Plan and Profile (D Sheets) Prepare preliminary plan and profile drawings at a scale of 1 " =20' horizontal and 1 " =5' vertical. These drawings will show base mapping and proposed storm sewer alignments. Include sanitary sewer, storm sewer, water main and other utility information, existing and proposed right -of -way, easements, and sewer profiles. These drawings will also show existing topographic information and proposed grading utility improvements along the project corridor. 4.4 Plan Preparation — Construction s, and Staging Plan (J Sheets) This task consists of the developing a itabl plan for construction acc "ss, staging and traffic control measures to be implemented during construct n. The plan will include provisions for through traffic and temporary access to adjacent properties durind construction. The traff c control devices, procedures, and layouts shall be as per the Manual on Uniform raffic Control Device (MUTCD). 4.5 Plan Preparation - Intersections and Mai ine Geometrics ( Sheets) Prepare a 1 " =20' scale preliminary plan for each intersection and yhainline in areas where the special reconstruction is required following storm sewer i stallation. Ba 'c horizontal information, including vertical grading for proper reconstruction of the in ersection pav ment and sidewalks /pedestrian ramps. 4.6 Plan Preparation - Special Construction De ils (U Sh ets) This task consists of the design and drafting assoc l ted wit the preliminary assembly of modified standards and special details. 4.7 Plan Preparation - Cross Sections (W, Auction d sheets) Cross sections will generally be developed ay for pavement rehabilitation portions of the project. Include finished grade line elevation ulated earthwork volumes, indicating estimated earthwork volume for each proposed constre. 4.8 Preliminary Opinion of Probable Cons st Prepare a preliminary opinion of probable con ost for the project. Preliminary cost estimates shall be based on representative major projents and based on recent bid information. Detailed quantity takeoffs will not be developed for th nar cost estimate. 4.9 Preliminary Plan Review by Design earn The Consultant shall submit preliminary ans and budget t the City for review and comment. A Field Review will be held by the Project Deve opment Team to dis uss key issues and design concepts, including pavement conditions, draina e, water main review, ccess control, traffic control /staged construction and right -of -way. The r iew will determine the mpletion of the plan design, identify needed adjustments to minimize po ntial property impacts an confirm the proposed staging plans. Revisions will be noted for prepara on of final plans. The Consultant will prepare fin�t construction documents, which will�generally include the following tasks for this project: I \ Title Sheets (A Sheets) 4This item consists of finalizing the title she t. The title sheets will include the following: Index of eets, Index of Standard Road Plans, Mileag Summary, Legend, Location Map, Project Number, etting Date and Design Designation. Typical Details B S ets - This item consists of final design and drafting"Qf typical details and standard details to utilized for the improvements. Estimate of Quantles (C Sheets) - This item consists of final bid items to be in6tuded in the Project as well as final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final design and tabulation of the erosion control measures to be provided on the Project. Foth Infrastructure & Environment, LLC Date: June 14, 2011 1" Avenue - Storm Sewer Improvements City of Iowa City Plan and Profiles (D Sheets) - This item consists of the final design and drafting of storm sewer plan and profile sheets, including the detail information required for plan approvals, and other improvements necessary for construction of the project. Reference Ties and Bench Marks (G Sheets) - This item consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved though out construction of the project. This also includes preserving any Government Corners, which are found in the vicinity of the proposed construction. Construction Access and Staging Plan J S Bets -This shall include any special access, staging and /or traffic control measures specific to e ch project, which may include general notes, detailed location map, and standard details. Geometric Staking Details (L Sheets) - This tem consists of the final d)osign and drafting of jointing details, spot elevations, and geometric layou s for parking areas. Als� includes analyzing the proposed finished grading improvements. / Special Construction Details (U Sheets) - This item consists of th� final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details, structure details not included in the sta Vard drawings,/�pecial storm sewer or manhole details not included in the standard drawings, sitecial paving details and other required details. This item also includes an Erosion Control Plan, in c ordination With erosion control information listed in the Estimate of Quantity Sheets (C Sheets). Design Cross - Sections (W, X, Y Z Sheets) - This tem onsists of the final design and drafting of individual cross - sections for the project. Cross -se tiol�is will show the existing ground elevations as well as the final project grading, including special g ding information, subgrade treatment, parking replacement, and other pertinent information. 5.1 Preparation of Project Manual This task consists of preparation of a Project Many�l utili ng the standard City front -end documents, including conditions of the contract and detailed 96nstructi n specifications. Also, the Statewide Urban Design and Specifications shall be utilized on tWs project. 5.2 Final Budget Review The Consultant shall prepare a final opinion,16f probable cons ruction cost for the project. The final cost estimates shall be based on the representptive major project lements and recent bid information. 5.3 Project Permitting The Consultant will assist the City in preparing applications for rmits from governmental authorities that have jurisdiction to approve the desigr:t' of the project and particip to in consultations with such authorities, as necessary. The Consultant shall prepare the following locum is for the project: NPDES Storm Water Disch}brge Permit Pollution Prevention Plan ; Any fees for construction permit! licenses or other costs associated ith permits and approvals shall be the responsibility of the City. Te Consultant shall provide technical cri ria, written descriptions and design data for the City's use i, filing the applications for permits. The nsultant shall prepare the permit applications and other 10ocumentation. 6.0 BID PERIOD SERVICE (Limited) The City will coordinate a d manage the project letting process. The wo tasks to be performed or coordinated by the City i dude the following: printing of plans and specifi lions, distribution of bid documents, notice of prof t publication and distribution of addenda. The project will be bid as two (2) separate phases of construction. The work tasks to be performed or coordinated by the Consultant during the Bid Period Services shall include the following: 6.1 Printing of Plans and Specifications - (Task not included) Foth Infrastructure & Environment, LLC Date: June 14, 2011 1" Avenue - Storm Sewer Improvements City of Iowa City 6.2 Notice of Project The Consultant shall prepare the formal Notice of Hearing and Letting. The City shall handle publication of the Notice of Hearing and Letting. The City shall also prepare and disseminate an informal notice to contractors concerning the upcoming Project. 6.3 Plan Clarification and Addenda The bid lettings shall be administered by the City. The (holders. ltant shall assist t e City during the bid periods in answering questions regarding the design inhe Consultant s all prepare addenda as appropriate to interpret, clarify or expand the bidding d nts. The City s all distribute the plan clarification information and addenda to the project pla 6.4 Letting, Bid Tabs, and Award Recommendatio The Consultant shall be a representative present whe the bids and /Je sals are opened and shall advise the City on the responsiveness of the bidders. The City shalre the tabulation of bids, award of contract, and prepare the necessary contract docu ents for the p . TASK B - CO NSTRUCTION PERIOD SEP The work tasks to be performed or coordinated Services shall include the following: 1.0 Pre - Construction Meeting The Consultant shall attend two (2) preconst suppliers, utility companies and City staff. It i administration and observation services. CES (Li ited) y the C nsultant during the Construction Period n meetings for the projects with contractors, icipated that the City will perform construction 2.0 Shop Drawing Review (Limited) The Consultant shall review shop drawings, s m es, and other data which the Contractor is required to submit, but only for conformance with des' n c ncept of the Project and conformance with the information given in the contract document . The onsultant shall evaluate and determine the acceptability of substitute materials and e uipmen proposed by the Contractor. The Consultant shall have authority to require special inspect' n or testi g of the work, and shall receive and review all certificates of inspections, testing, and pprovals re uired. The Consultant shall review the a.) Storm Sewer structure /pipe 3.0 Site Visits In connection with observations +Ding shop drawing submittals: ittals. 11 the Contractor's wokk while it is in progress: The Consultant shall mak 'visits to the site at inte I construction as the Cons Itant deems necessary (e ti construction activity) in rder to observe as an exper progress and quality of he various aspects of the Co obtained during such isits and on such observations, if such work is proce ding in accordance with the Plai informed of the pro, ress of the work. appropriate to the various stages of fated five 5 site visits during the peak iced and qualified design professional the ractor's work. Based on information he Consultant shall determine, in general, and the Consultant shall keep the CITY b. The purpose of th visits to the site will be to enable the nsultant to better carry out his duties and responsibiliti s during the construction phase and, in a dition, by exercise of the Consultant's efforts as an ex erienced and qualified design professional, o provide for the CITY a greater degree of confi ence that the completed work of the Contract r will conform to the Plans, and that the integr' y of the design concept as reflected in the Plans\�as been implemented and preserved by the Contractor. c. The Consultant shall not during such visits supervise, direct, or have control over the Contractor's work, nor all the Consultant have authority over or responsibility for the means, methods, technique, sequences, or procedures of construction selected by the Contractor for safety precautions and programs incident to the work or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes, or orders applicable to the Contractor furnishing and performing his work. d. During such visits, the Consultant may disapprove of or reject the Contractor's work while it is in progress if the Consultant believes that such work will not produce a completed Project that Foth Infrastructure & Environment, LLC 16t Avenue - Storm Sewer Improvements Date: June 14, 2011 City of Iowa City conforms to the Plans, or that it will prejudice the integrity of the design concept of the Project as reflected in the Plans. 4.0 Design Interpretation The Consultant shall answer design interpretation questions from City's Project Manager and Contractors. 5.0 Final Inspections and Project Closeout - (Task not included) i 6.0 Change Orders - (Task not included) 7.0 Record Drawings / This task consists of preparation of constr tion record drawings defining th actual location of improvements and fixtures. The Consults shall prepare record drawings lowing those changes made during construction, based on the m ked -up drawings and other d to furnished by the Contractor and the Resident Construction bserver. The Engineer sha provide the CITY with one (1) reproducible copy of the record drawings TASK C — Project Deliverables The scope of services shall be considered comp) to upon completi and delivery of the following items to the satisfaction of the City Engineer: 1.) Eight (8) original final review drawings (hal size 11 "x17" and final project manual 2.) One (1) original final unbound drawing set And project anual 3.) Two (2) sets of full size final drawings (22 "x 4 ") 4.) Electronic files in AutoCAD format, including desi base maps and sheet files 5.) One (1) set of record drawings (half -size 11" 1 ') on white 201b photo copy paper. ADDITIONAL SERVICES: Additional Services are not included in this Agree Je t If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others o owing services: 1.) Structural Design. 2.) Traffic projections. 3.) Landscaping design. 4.) Right -of -way negotiation and acq isitions. 5.) Report of record ownership and lens (title searc es). 6.) Preparation of environmental e aluation and doc mentation. 7.) Wetlands Delineation, Permit ing and Mitigation. 8.) Eminent domain proceeding . 9.) Relocation assistance. 10.) Right -of -way closing /recor ing services. 11.) Condemnation services. 12.) Project Letting Services 13.) Construction period se ices (administration, observatio , and survey). 14.) Construction testing s rvices. 15.) Development of a fini h grade ground surface (CAD tin fii�) and contours. 16.) Tabulation of Earth rk Quantities (T Sheets). 17.) Right -of -way plan sj eets (H Sheets). 18.) Public open house# informational meetings. The City may request Addi nal Services from the Consultant not included in the Scope of Services as outlined. Additional servi s may include, but not be limited to, expanding the scope of the project and work to be completed; re uesting the development of various documents; construction services; or requesting additional wo items that increases the Engineering Services and corresponding costs. Upon initiation of Additional Services, the Consultant will submit the estimated cost. Such costs will be based on the current hourly rates and fixed expenses as outlined in the Consultant's attached Standard Fee Schedule. Any amendments to the Scope of Services shall be in writing executed by both parties prior to the performance of any such additional services. Foth Infrastructure & Environment, LLC 1� Avenue - Storm Sewer Improvements Date: June 14, 2011 City of Iowa City ATTACHMENT "B" - SCHEDULE 1S Avenue STORM SEWER IMPROVEMENTS Iowa City, Iowa The Consultant shall complete the following phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before June 21, 2011. Consultant Contract approval Preliminary Design Development Final Construction Plans Council Approval /Public Hearing Project Letting Award Project to Contractor Project Construction June 21, 2011 July 2011 (Phase 1) Aug 2011 (Phase 1) Sept 6, 2 11 (Phase 1) Sept 2 11 (Phase 1) Sept X011 (Phase 1 Fall 2011 (Phase ) July -Aug 2011 (Phase 2) Se PCOct 2011 (Phase 2) �Ibv 2011 (Phase 2) Jan 2012 (Phase 2) Jan 2012 (Phase 2) Spring /Summer 2012 (Phase 2) If notice to proceed is given at a later date, time of cdmpletiory6hall be extended accordingly. Foth Infrastructure & Environment, LLC Date: June 14, 2011 1� Avenue - Storm Sewer Improvements City of Iowa City ATTACHMENT "C" — STANDARD RATES 1" Avenue STORM SEWER IMPROVEMENTS Iowa City, Iowa FOTH INFRASTRUCTURE AND ENVIRONMENT, L.L.0 2011 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Project Director $152.00 Project Manager III $146.00 Project Manager II $135.00 Project Manager 1 $124.00 Project Scientist $1r4.00 0 Lead Engineer $10 Project Engineer 111 $1 0 Project Engineer 11 $1 Project Engineer 1 $1 0 Staff Engineer Ill $1)1.00 Staff Engineer II $ 7.00 Staff Engineer 1 $ 1.00 Lead Technician $1 1.09 Engineering Technician III $ 7 ;0'0 Engineering Technician 11 $ 3.00 Engineering Technician 1 $ 4.00 CAD Technician r'$ .00 Construction Manager $11 .00 f Lead Field Technician $9 .00 Field Technician III $8 .00 Field Technician II $7 .00 Field Technician 1 $5 00 Land Surveyor $10300 Administrative Assistant $60$0 w 1 REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of w 6r k on this project will be billed at cost plus 10 %. 2. Auto mileage will be reimbursed per the standard mileagik reimbursement established by the Internal Revenue Service.' Service vehicle mileage will be \reimbursed on the basis of $0.72 per mile. ' 3. Charges for outside services such as soils and materials testing will be billed at their invoice cost plus 15 %. ADJUSTMENTS TO FtE SCHEDULE 1. Fee schedule eff4tive January 1, 2011. Rate changes occurring,during contract period shall be subject to written approval by City and in no event shall any rate increase result in Consultant's fees exceeding the contracted amount. Foth Infrastructure & Environment, LLC Date: June 14, 2011 I" Avenue - Storm Sewer Improvements City of Iowa City ATTACHMENT "D" - CITY'S RESPONSIBILITIES 1" Avenue STORM SEWER IMPROVEMENTS Iowa City, Iowa The City shall provide the following: 1. All necessary electronic plan and contour drawings, dtm drawings, orthophc Johnson County Parcel drawings (for use in supplementing surveyed areas 2. Any existing roadway plans /record drawic9s and utility maps for the area. current W) Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5410 RESOLUTION NO. 11 -243 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, First Avenue and the mini -mall at 1705 First Avenue have experienced flooding, the City of Iowa City desires to construct storm sewer improvements along First Avenue to reduce the frequency of flooding at these locations; and WHEREAS, this project will include new storm sewer; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the First Avenue Storm Sewer Improvements Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Foth Infrastructure and Environment, LLC, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Foth Infrastructure and Environment, LLC. WHEREAS, funds for this project are available in the Lower Muscatine - Kirkwood to First Avenue Project account #3803, and the First Avenue RR Crossing Project account #3871. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 21st day of June 120 11 MAYOR Approved by by ATTEST: �- I'La ✓,n ante'! d CITY RK City Attorney's Office Pweng /res /l stavestrmsewer- designagtdoc �J Resolution No. 11 -243 Page 2 It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x X _ x x wpdata /g I ossa ry/reso I utio n -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 21st day of June 2011 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Foth Infrastructure and Environment, LLC. , of Cedar Rapids, hereinafter referred to as the Consultant. WHEREAS, the City desires to secure the services of the Consultant to provide engineering planning and design services related to the 1St Avenue Storm Sewer Improvements. WHEREAS, the preliminary and final design services to be provided, shall include design of storm sewer improvements and general plan and specification preparation. The total length of the proposed storm sewer improvements is approximately 1,485 LF. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the engineering services for the City, and to do so in a timely and satisfactory manner. Services provided under this agreement shall be as further described in Attachment A, attached and incorporated herein. The City agrees to provide the information stated in Attachment D, attached and incorporated herein. II. TIME OF COMPLETION The Consultant shall complete all phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before June 21, 2011. The schedule of the work to be performed shall conform to the Schedule set forth in Attachment B, attached and incorporated herein. Any deviations from the Schedule shall be approved by the authorized City representative. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "Not -to- exceed" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. -2- D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. -3- O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant the following NOT -TO- EXCEED FEE (Unit Cost/Time Charges), which fee includes any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment C, attached and incorporated herein. TOTAL NOT -TO- EXCEED FEE $ 131,225.00 V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY FOR THE CONSULTANT Foth Infrastructure and Environment, LLC By: t1: SSi . By: Matthew J. Hayek Title: Mayor Title: Senior Project Manager Date: June 21, 2011 Date: (.N" Ii i ATTEST: Approved by: jz_xcc City Attorney's Office Date Foth Infrastructure & Environment, LLC Date: June 14, 2011 15' Avenue - Storm Sewer Improvements City of Iowa City ATTACHMENT "A" - SCOPE OF SERVICES V Avenue STORM SEWER IMPROVEMENTS Iowa City, Iowa The work to be performed by the Consultant under this agreement shall encompass and include all work, services, materials, equipment and supplies necessary for the project. The scope of services is based on the following assumptions: • The preliminary design development will involve storm sewer improvements near Lower Muscatine Road, 1st Avenue and Procter & Gamble, approximately 1,485 -ft in length. The project will be bid in two (2) phases with the Phase 1 Construction in Fall 2011 and Phase 2 Construction in Spring /Summer 2012. • The Consultant shall develop the Phase 1 construction documents for the storm sewer /parking lot improvements from the northeasterly corner of the Jimmy Jack's property to the northeasterly corner of the Mini -Mall property at 1705 1st Avenue, approximately 450 -ft in length. • The Consultant shall develop the Phase 2 construction documents for the extended storm sewer systems from the Phase 1 Improvements to 1 st Avenue and continuing easterly to the outlet at Procter & Gamble, approximately 1,035 -ft in length. Includes evaluation of alternatives for existing 1 st Avenue culvert. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: Basic Services of the Consultant: TASK A — Design Services 1.0 PROJECT ADMINISTRATION 1.1 Project Management The project manager will be responsible for the development and tracking of the project plan for the project development. This includes task identification, staff scheduling and coordination, project communications, monthly progress reporting and invoicing and other important elements of the project. The project design duration is assumed to be thirteen (13) months (June 2011 — May 2012). 1.2 Project Development Team Meetings The Consultant shall maintain communications with the Project Development Team and various other designated representatives. The project development team will include the City of Iowa City Engineering Department and Foth Companies. Meet to review progress and to discuss specific elements of the project design (assume four (4) meetings in Iowa City). For budget purposes, it is assumed that the meetings will be attended by one (1) staff member of the Consultant. The following project meetings are included with the scope of work: • Project Development Meetings - two (2) meetings • Preliminary Plans — one (1) meeting • Final Plans — one (1) meeting 1.3 Meetings with Proctor & Gamble The Consultant will attend meetings with Proctor & Gamble (P &G) to address issues of specific concern to their property. These meetings will be held to address specific discussions about storm sewer design, impacts to their existing site drainage study and construction access /easement needs. During the scheduled individual property owner meeting times, the Consultant's project engineer will meet with the City and affected property owner to discuss the specifics of the project as it relates to their property, obtain information regarding any issues the property owner feels is important, and get input regarding their expectations. For budget purposes, it is assumed that the Consultant will conduct two (2) meetings with P &G and will be attended by one (1) staff member of the Consultant. 1.4 Other Project Coordination Foth Infrastructure & Environment, LLC Date: June 14, 2011 1' Avenue - Storm Sewer Improvements City of Iowa City The Consultant shall coordinate the project design with the City's consultant for the 1s` Avenue Iowa Interstate Railroad Grade Separation Project to address transition of construction from one project to the other, including specific design details of the storm sewer system. 1.5 Utility Coordination The CONSULTANT will conduct meetings with individual utility companies to address specific conflicts. It is anticipated that there will be two (2) meetings with representatives of the various utility companies. The first will be to advise of the nature and extent of the improvements and any potential conflicts with existing or proposed utility systems, and the second will be preliminary /final design review and coordination meetings. 1.6 Public Information The Consultant will conduct one (1) public informational meeting that will be attended by two (2) staff members of the Consultant. The purpose of this meeting will be to present the final project design and anticipated construction schedule to the adjacent property owners and other affected parties. This task includes preparation of the public notification letters, display materials and pertinent hand out information for the meeting. Also includes reviewing the results of the meeting with the Project Development Team. The reserving of the meeting facility and a public notification will be completed by the CITY. 1.7 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. 2.0 DESIGN SURVEYS The Consultant shall perform field and office tasks required to collect supplemental topographic information deemed necessary to complete the project. The specific supplemental survey tasks to be performed include the following: 2.1 Control Surveys The CONSULTANT will establish horizontal and vertical control for the project area. Each permanent control point or benchmark shall have horizontal coordinates or elevation, recovery information and monument description. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. The horizontal control will be based on the US state plane Iowa south zone US survey foot NAD 83 (1996 Harn) and the vertical control based on NAVD 88. 2.2 Supplemental Topographic Survey The CONSULTANT shall perform supplemental topographic surveys required for the development of the project and to supplement the topographic survey that was performed, by the Consultant, for the previous Lower Muscatine Road Improvements Project. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the topographic data for incorporation into the existing base mapping. 2.3 Supplemental Utility Surveys The CONSULTANT shall perform supplemental utility surveys for the project. The Consultant shall contact utility owners of record or the "one call" representative and request that buried utilities be marked in the field. Establish coordinates and elevations (if possible) for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. This task consists of field locate utility locations established by others; excavating to expose buried utilities is not part of this contract. Utilities to be surveyed include phone, gas, fiber optic, water main, overhead /underground electrical, sanitary sewer and storm sewer (including power poles, pedestals, valves and manholes). This includes establishing manhole and intake elevations for existing sanitary, storm sewers and culverts. 2.4 Supplemental Right -of -Way Surveys The CONSULTANT shall perform supplemental right -of -way surveys for the project. The right -of -way surveys shall be in -depth legal surveys for which acquisition plats may be developed. Foth Infrastructure & Environment, LLC Date: June 14, 2011 1" Avenue - Storm Sewer Improvements City of Iowa City This task includes a thorough search of CITY, County and State records to review all surveys of record pertaining to the survey corridor, including County Auditor's Subdivisions Plats, original government surveys, early surveys made by County Surveyors, all irregular land survey and road establishment records. Copies of such records are to be included in the project file for future reference. This task also includes obtaining sufficient field data to locate or establish property lines affected by the project to enable the preparation of the improvement plans. This includes locating section corners, property pins, and visible lines of occupation such as fences, field divisions or any other lines, indicating possession. All property pins within the project corridor that are missing shall be documented. A diligent effort must be made to recover existing land corner monuments necessary to describe the right -of -way along the project corridor. The task includes incorporation of property lines, right -of -way lines, and ownership of properties affected by the project into the base mapping for the project. The base mapping will identify the owners and approximate boundaries of all appropriate parcels within the survey limits. 2.5 Plat Preparation of Acquisition Plats and Legal Descriptions The Consultant shall prepare acquisition plats and legal descriptions for property to be acquired for the project. For estimating purposes, the following numbers of acquisition plats are assumed for this agreement: Permanent Utility Easement plats = Phase 1 (3 each) and Phase 2 (6 each) = Total 9 plats. Temporary Construction Easement plats = Phase 1 (7 each) and Phase 2 (6 each) = Total 13 plats. The following table summarizes the anticipated project right -of -way acquisitions, for which this scope of service task has been developed: PARCEL NUMBER PARCEL NAME PERMANENT UTILITY TEMPORARY CONSTRUCTION 1 Cahill Enterprises LP 1705 1 st Ave 1 1 2 Gerry Ambrose 16211st Ave) 1 1 3 Gerry Ambrose 15551st Ave 1 1 4 Mer en, John vacant lot on Mall Drive - 1 5 Alberhask , Marilynn 1558 Mall Drive - 1 6 CCT Holdings LLC 1552 Mall Drive - 1 7 IC Community School 1528 Mall Drive - 1 8 S &M East L.C. (multiple parcels) 4 4 9 Realty Holding Co. Inc. 1480 1St Ave 1 1 10 Proctor & Gamble Hair Care LLC 1 1 Individual plats and legal descriptions will be prepared for each parcel with temporary acquisitions. The plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. The plats shall also be completed in accordance with the CITY of Iowa City requirements. This task also consists of staking the easement locations for purposes of right -of -way negotiations. The staking survey includes the marking of key easement location points in order to visualize the locations in the field and shall also include marking of existing property lines locations. For the purpose of this agreement, easements will be staked one (1) time. 2.6 Monumentation of Permanent Right -of -Way Acquisitions This task consists of monumentation of the permanent right -of -way acquired as a part of this project, which will be performed upon completion of construction of the proposed improvements. The monumentation shall comply with requirements of the Iowa Code and shall be performed by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. This task does not include monumentation of any existing right -of -way pins that are disturbed during construction activities. Foth Infrastructure & Environment, LLC Date: June 14, 2011 Vt Avenue - Storm Sewer Improvements City of Iowa City 3.0 PRELIMINARY DESIGN DEVELOPMENT The Consultant shall develop the preliminary design for construction of the storm sewer improvements. The work to be performed by the Consultant under Preliminary Design Development shall consist of the following tasks: 3.1 Preliminary Design Development This task consists of preparation of preliminary design for the storm sewer improvements. The primary focus will be on storm sewer layout alternatives, including site grading related improvements, and other necessary construction elements. The preliminary design will also incorporate potential elements that may affect the corridor including property impacts. The plans will show existing topographic features, utility improvements and right -of- way /easement requirements. The design drawings will show base mapping and proposed site layout features, including existing /proposed grading contours, storm sewer alignments & profiles, slope intercepts, ditch locations, cross drainage, erosion containment, existing /proposed drainage structures (including flow line, drainage area, and topography), existing /proposed right -of -way. The preliminary design plans will be used as a reference in preparing final construction plans for the storm sewer improvements. This task includes development of two (2) pipe conveyance alternatives. 3.2 Design of Storm Water Drainage (Phase 1 and Phase 2) This task consists of hydrologic and hydraulic investigations for the storm sewer system, which shall be in accordance with Chapter 2 of Iowa Statewide Urban Design Standards for Public Improvements (SUDAS) for proposed storm water drainage practices. This task also consists of developing a "Storm Water Management Plan" for the proposed site improvements. This plan will inventory the existing hydrologic and hydraulic conditions and analyze the impacts the proposed improvements will have on the area wide drainage patterns. Once the impacts have been quantified design alternatives will be developed to support the proposed improvements. 3.3 Review of Storm Water Drainage (P &G to Industrial Park Road) This task includes review of the existing drainage systems between the westerly property line of P &G and Industrial Park Road bordered by Hwy 6 and Iowa Interstate Railroad. This includes the following key tasks: a.) Field review of existing drainage basin with GPS of key elevations, including major drainage structures, roadway overtopping, finished floor elevations, etc. b.) Preparation of an exhibit utilizing available City GIS information, aerial photograph images, and existing grading contours. Identification of existing storm sewer pipe /structures; labeling sewer diameter, approximate grades /slopes, structure types and approximate drainage areas. This information will then be used in the analysis of the existing drainage system. c.) Development of drainage model incorporating key features (culverts /pipe /detention basin). d.) Perform hydrologic and hydraulic investigations in accordance with the Iowa Statewide Urban Design Standards for Public Improvements Manual (SUDAS) to determine existing storm sewer characteristics and area impacts resulting from upstream drainage system improvements. e.) Preparation of drainage report. This task does not include development of alternatives, evaluation of costs or recommendation of solutions. 4.0 PRELIMINARY PLANS Utilizing the alignments as developed in the preliminary design, the Consultant shall provide preliminary plans for the utility improvements. Upon completion, the preliminary design plans will be approximately 60 percent complete. 4.1 Plan Preparation - Title Sheet and Typical Details (A and B Sheets) Prepare title and typical details sheets for the utility improvements. This task shall also include miscellaneous construction details such as special paving details, grading details and other required details. 4.2 Plan Preparation - Estimate of Quantities (C Sheets) Foth Infrastructure & Environment, LLC Date: June 14, 2011 1" Avenue - Storm Sewer Improvements City of Iowa City This task consists of a preliminary determination of the bid items to be included in the project, along with their appropriate tabulations. 4.3 Plan Preparation - Plan and Profile (D Sheets) Prepare preliminary plan and profile drawings at a scale of 1 " =20' horizontal and 1 " =5' vertical. These drawings will show base mapping and proposed storm sewer alignments. Include sanitary sewer, storm sewer, water main and other utility information, existing and proposed right -of -way, easements, and sewer profiles. These drawings will also show existing topographic information and proposed grading utility improvements along the project corridor. 4.4 Plan Preparation — Construction Access and Staging Plan (J Sheets) This task consists of the developing a suitable plan for construction access, staging and traffic control measures to be implemented during construction. The plan will include provisions for through traffic and temporary access to adjacent properties during construction. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). 4.5 Plan Preparation - Intersections and Mainline Geometrics (L Sheets) Prepare a 1 " =20' scale preliminary plan for each intersection and mainline in areas where the special reconstruction is required following storm sewer installation. Basic horizontal information, including vertical grading for proper reconstruction of the intersection pavement and sidewalks /pedestrian ramps. 4.6 Plan Preparation - Special Construction Details (U Sheets) This task consists of the design and drafting associated with the preliminary assembly of modified standards and special details. 4.7 Plan Preparation - Cross Sections (W, X, Y, and Z sheets) Cross sections will generally be developed as necessary for pavement rehabilitation portions of the project. Include finished grade line.elevation and calculated earthwork volumes, indicating estimated earthwork volume for each proposed construction stage. 4.8 Preliminary Opinion of Probable Construction Cost Prepare a preliminary opinion of probable construction cost for the project. Preliminary cost estimates shall be based on representative major project elements and based on recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. 4.9 Preliminary Plan Review by Design Team The Consultant shall submit preliminary plans and budget to the City for review and comment. A Field Review will be held by the Project Development Team to discuss key issues and design concepts, including pavement conditions, drainage, water main review, access control, traffic control /staged construction and right -of -way. The review will determine the completion of the plan design, identify needed adjustments to minimize potential property impacts and confirm the proposed staging plans. Revisions will be noted for preparation of final plans. 5.0 FINAL CONSTRUCTION DOCUMENTS The Consultant will prepare final construction documents, which will generally include the following tasks for this project: Title Sheets (A Sheets) - This item consists of finalizing the title sheet. The title sheets will include the following: Index of Sheets, Index of Standard Road Plans, Mileage Summary, Legend, Location Map, Project Number, Letting Date and Design Designation. Typical Details (B Sheets) - This item consists of final design and drafting of typical details and standard details to be utilized for the improvements. Estimate of Quantities (C Sheets) - This item consists of final bid items to be included in the Project as well as final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final design and tabulation of the erosion control measures to be provided on the Project. Foth Infrastructure & Environment, LLC Date: June 14, 2011 V' Avenue - Storm Sewer Improvements City of Iowa City Plan and Profiles (D Sheets) - This item consists of the final design and drafting of storm sewer plan and profile sheets, including the detail information required for plan approvals, and other improvements necessary for construction of the project. Reference Ties and Bench Marks (G Sheets) - This item consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved though out construction of the project. This also includes preserving any Government Corners, which are found in the vicinity of the proposed construction. Construction Access and Staging Plan 0 Sheets) - This shall include any special access, staging and /or traffic control measures specific to each project, which may include general notes, detailed location map, and standard details. Geometric Staking Details (L Sheets) - This item consists of the final design and drafting of jointing details, spot elevations, and geometric layouts for parking areas. Also includes analyzing the proposed finished grading improvements. Special Construction Details (U Sheets) - This item consists of the final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details, structure details not included in the standard drawings, special storm sewer or manhole details not included in the standard drawings, special paving details and other required details. This item also includes an Erosion Control Plan, in coordination with erosion control information listed in the Estimate of Quantity Sheets (C Sheets). Design Cross - Sections (W, X, Y, Z Sheets) - This item consists of the final design and drafting of individual cross - sections for the project. Cross - sections will show the existing ground elevations as well as the final project grading, including special grading information, subgrade treatment, parking replacement, and other pertinent information. 5.1 Preparation of Project Manual This task consists of preparation of a Project Manual utilizing the standard City front -end documents, including conditions of the contract and detailed construction specifications. Also, the Statewide Urban Design and Specifications shall be utilized on this project. 5.2 Final Budget Review The Consultant shall prepare a final opinion of probable construction cost for the project. The final cost estimates shall be based on the representative major project elements and recent bid information. 5.3 Project Permitting The Consultant will assist the City in preparing applications for permits from governmental authorities that have jurisdiction to approve the design of the project and participate in consultations with such authorities, as necessary. The Consultant shall prepare the following documents for the project: NPDES Storm Water Discharge Permit Pollution Prevention Plan Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the City. The Consultant shall provide technical criteria, written descriptions and design data for the City's use in filing the applications for permits. The Consultant shall prepare the permit applications and other documentation. 6.0 BID PERIOD SERVICES (Limited) The City will coordinate and manage the project letting process. The work tasks to be performed or coordinated by the City include the following: printing of plans and specifications, distribution of bid documents, notice of project publication and distribution of addenda. The project will be bid as two (2) separate phases of construction. The work tasks to be performed or coordinated by the Consultant during the Bid Period Services shall include the following: 6.1 Printing of Plans and Specifications - (Task not included) Foth Infrastructure & Environment, LLC Date: June 14, 2011 1s` Avenue - Storm Sewer Improvements City of Iowa City 6.2 Notice of Project The Consultant shall prepare the formal Notice of Hearing and Letting. The City shall handle publication of the Notice of Hearing and Letting. The City shall also prepare and disseminate an informal notice to contractors concerning the upcoming Project. 6.3 Plan Clarification and Addenda The bid lettings shall be administered by the City. The Consultant shall assist the City during the bid periods in answering questions regarding the design intent. The Consultant shall prepare addenda as appropriate to interpret, clarify or expand the bidding documents. The City shall distribute the plan clarification information and addenda to the project plan holders. 6.4 Letting, Bid Tabs, and Award Recommendation The Consultant shall be a representative present when the bids and proposals are opened and shall advise the City on the responsiveness of the bidders. The City shall prepare the tabulation of bids, award of contract, and prepare the necessary contract documents for the project. TASK B - CONSTRUCTION PERIOD SERVICES (Limited) The work tasks to be performed or coordinated by the Consultant during the Construction Period Services shall include the following: 1.0 Pre - Construction Meeting The Consultant shall attend two (2) preconstruction meetings for the projects with contractors, suppliers, utility companies and City staff. It is anticipated that the City will perform construction administration and observation services. 2.0 Shop Drawing Review (Limited) The Consultant shall review shop drawings, samples, and other data which the Contractor is required to submit, but only for conformance with design concept of the Project and conformance with the information given in the contract documents. The Consultant shall evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. The Consultant shall have authority to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testing, and approvals required. The Consultant shall review the following shop drawing submittals: a.) Storm Sewer structure /pipe submittals. 3.0 Site Visits In connection with observations of the Contractor's work while it is in progress: a. The Consultant shall make visits to the site at intervals appropriate to the various stages of construction as the Consultant deems necessary (estimated five 5 site visits during the peak construction activity) in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of the Contractor's work. Based on information obtained during such visits and on such observations, the Consultant shall determine, in general, if such work is proceeding in accordance with the Plans, and the Consultant shall keep the CITY informed of the progress of the work. b. The purpose of the visits to the site will be to enable the Consultant to better carry out his duties and responsibilities during the construction phase and, in addition, by exercise of the Consultant's efforts as an experienced and qualified design professional, to provide for the CITY a greater degree of confidence that the completed work of the Contractor will conform to the Plans, and that the integrity of the design concept as reflected in the Plans has been implemented and preserved by the Contractor. c. The Consultant shall not during such visits supervise, direct, or have control over the Contractor's work, nor shall the Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor for safety precautions and programs incident to the work or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes, or orders applicable to the Contractor furnishing and performing his work. d. During such visits, the Consultant may disapprove of or reject the Contractor's work while it is in progress if the Consultant believes that such work will not produce a completed Project that Foth Infrastructure & Environment, LLC 1" Avenue - Storm Sewer Improvements Date: June 14, 2011 City of Iowa City conforms to the Plans, or that it will prejudice the integrity of the design concept of the Project as reflected in the Plans. 4.0 Design Interpretation The Consultant shall answer design interpretation questions from City's Project Manager and Contractors. 5.0 Final Inspections and Project Closeout - (Task not included) 6.0 Change Orders - (Task not included) 7.0 Record Drawings This task consists of preparation of construction record drawings defining the actual location of improvements and fixtures. The Consultant shall prepare record drawings showing those changes made during construction, based on the marked -up drawings and other data furnished by the Contractor and the Resident Construction Observer. The Engineer shall provide the CITY with one (1) reproducible copy of the record drawings. TASK C - Project Deliverables The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City Engineer: 1.) Eight (8) original final review drawings (half -size 11 "x17 ") and final project manual 2.) One (1) original final unbound drawing set and project manual 3.) Two (2) sets of full size final drawings (22 "x34 ") 4.) Electronic files in AutoCAD format, including design base maps and sheet files 5.) One (1) set of record drawings (half -size 11" x 17 ") on white 201b photo copy paper. ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1.) Structural Design. 2.) Traffic projections. 3.) Landscaping design. 4.) Right -of -way negotiation and acquisitions. 5.) Report of record ownership and liens (title searches). 6.) Preparation of environmental evaluation and documentation. 7.) Wetlands Delineation, Permitting and Mitigation. 8.) Eminent domain proceedings. 9.) Relocation assistance. 10.) Right -of -way closing /recording services. 11.) Condemnation services. 12.) Project Letting Services. 13.) Construction period services (administration, observation, and survey). 14.) Construction testing services. 15.) Development of a finish grade ground surface (CAD tin file) and contours. 16.) Tabulation of Earthwork Quantities (T Sheets). 17.) Right -of -way plan sheets (H Sheets). 18.) Public open house / informational meetings. Changes in Scope of Services: The City may request Additional Services from the Consultant not included in the Scope of Services as outlined. Additional services may include, but not be limited to, expanding the scope of the project and work to be completed; requesting the development of various documents, construction services, or requesting additional work items that increases the Engineering Services and corresponding costs. Upon initiation of Additional Services, the Consultant will submit the estimated cost. Such costs will be based on the current hourly rates and fixed expenses as outlined in the Consultant's attached Standard Fee Schedule. Any amendments to the Scope of Services shall be in writing executed by both parties prior to the performance of any such additional services. Foth Infrastructure & Environment, LLC 1t Avenue - Storm Sewer Improvements Date: June 14, 2011 City of Iowa City ATTACHMENT "B" - SCHEDULE 1" Avenue STORM SEWER IMPROVEMENTS Iowa City, Iowa The Consultant shall complete the following phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before June 21, 2011. Consultant Contract approval Preliminary Design Development Final Construction Plans Council Approval /Public Hearing Project Letting Award Project to Contractor Project Construction June 21, 2011 July 2011 (Phase 1) July -Aug 2011 (Phase 2) Aug 2011 (Phase 1) Sept -Oct 2011 (Phase 2) Sept 6, 2011 (Phase 1) Nov 2011 (Phase 2) Sept 2011 (Phase 1) Jan 2012 (Phase 2) Sept 2011 (Phase 1) Jan 2012 (Phase 2) Fall 2011 (Phase 1) Spring /Summer 2012 (Phase 2) If notice to proceed is given at a later date, time of completion shall be extended accordingly. Foth Infrastructure & Environment, LLC Date: June 14, 2011 1" Avenue - Storm Sewer Improvements City of Iowa City ATTACHMENT "C" — STANDARD RATES V Avenue STORM SEWER IMPROVEMENTS Iowa City, Iowa FOTH INFRASTRUCTURE AND ENVIRONMENT, L.L.0 2011 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Project Director $152.00 Project Manager III $146.00 Project Manager II $135.00 Project Manager 1 $124.00 Project Scientist $131.00 Lead Engineer $135.00 Project Engineer III $124.00 Project Engineer II $114.00 Project Engineer 1 $103.00 Staff Engineer III $101.00 Staff Engineer II $97.00 Staff Engineer 1 $91.00 Lead Technician $101.00 Engineering Technician III $97.00 Engineering Technician II $93.00 Engineering Technician 1 $84.00 CAD Technician $82.00 Construction Manager $117.00 Lead Field Technician $96.00 Field Technician III $85.00 Field Technician II $72.00 Field Technician 1 $58.00 Land Surveyor $103.00 Administrative Assistant $60.00 REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10 %. 2. Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service. Service vehicle mileage will be reimbursed on the basis of $0.72 per mile. 3. Charges for outside services such as soils and materials testing will be billed at their invoice cost plus 15 %. ADJUSTMENTS TO FEE SCHEDULE 1. Fee schedule effective January 1, 2011. Rate changes occurring during contract period shall be subject to written approval by City and in no event shall any rate increase result in Consultant's fees exceeding the contracted amount. Foth Infrastructure & Environment, LLC Date: June 14, 2011 1st Avenue - Storm Sewer Improvements City of Iowa City ATTACHMENT "D" - CITY'S RESPONSIBILITIES 1S1 Avenue STORM SEWER IMPROVEMENTS Iowa City, Iowa The City shall provide the following: 1. All necessary electronic plan and contour drawings, dtm drawings, orthophotos and current Johnson County Parcel drawings (for use in supplementing surveyed areas). 2. Any existing roadway plans /record drawings and utility maps for the project area. M4 24 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 -319- 356 -5041 RESOLUTION NO. 11-244 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean -up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on July 28 2011. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until July 28, 2011 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Res. No. 11-2 4 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 21st day of June , 2011. Mayor ATTEST: City CleFk- Approved by c t City Attorney /s Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there was: AYES: x x x x x x x sue \Ord &Res\AbateRes.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright N 0 O O = O ci cf) C/) m r r CO cn z m m C) C� O D �0 o W O O r0 0 c) O (4 0 y z pu O 0 r0 o z i 0 O r- O ? > O � r Q<' O W O O � A p O W W W O O O O O O ,4 o V O O W O O O O O O r = m c O A N_ z 0 z ? 0 G) _ D z m m i co M D z X m U) U) Cl) 0 0 O 0 0 O O x x m X m 9 O D D D r X N N A � N N N O O O O EA fA fA i 00 llt O O p O O � tOii V A O OO (p Efl fA A W co N O O O O O C() O m w O O z 0 O z z0 oD 02 06 O Z D 0 O z m 0 O T _O O_ W O O ffl T O O O K O O m m A O m 1 z m m K O D r N N O cn W O W r fA W tD O O O O O O O O m z Z O Z M O CD � w 0 w ) D 1 N 7 m w 7 w a > c Z m � m 1 N O m N N ^ O O O O r m O z M c o � 6y A to fA EA fA 6� N CD W OD N N J O p O O O O O O N O O O O O O O 7 O OJ J n N W O -4 0 N T N O A O W J J O O O) VVV d CD CD N � � 7 � C) O O C N fp ? 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EA fA Efl fA W Cn O c0 (O (71 O Ui � O O O O O O O O O O p O O O O O ` %2 )/ ( %( { ° m m « m m § \ \ \ \ \ § 2 » > 9 2 2 m 2 § / 3 § / § ) /.. ' cn ) ( M ) > § k> 00 §\ 0> '( m �M> > - @ \o \ §p =o } 20 = (D m w) )e) &) e k) 3 M. > 33 u22 ee G — °p ) 3 6� JS® 7 % > 9 )\ jo> > ± > 2 \% _ %% --1 R ® \ —2 �)\ k \ \ Cl) / \ \ § ` ~ _ # ( M ) \ \ \ \ \ \ \ or IM ± \ \ \ 40'..0 \ / \ > 3 3 x m > » } z 0 > > )\ cu Y) m �� ? > § % % » >) CD / } \ \ \ Cl) ° S § [ § @ m Cl) « ( = e e \ § � § § k m m m m m m }_ ( ( ( \ \ \ \ CD 4 R ( co CL G a / 7 J t9 ri to / § § j / § ) \ P~ LA 0. E June 14, 2011 Name Address City, State, ZIP Dear Property Owner: r �xhI '� e CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org This is to notify you that the City Council will be considering a resolution on June 21, 2011 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean -up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356- 5043. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division- w /enc. r -- ^`� -4 CITY OF IOWA CITY 25 MEMORANDUM Date: June 15, 2011 To: City Council From: Thomas M. Markus, City Re: Changes in the City Manager's Office Introduction: Upon assuming the City Manager's position, I was made aware that; 1) Kathi Johansen was intending to move out of state pending the sale of her home; and 2) the Assistant City Manager Dale Helling was contemplating retirement in the not too distant future. Additionally, I have appointed an intern who will work in the City Manager's office. History /Background: Kathi Johansen has worked for the City for approximately 10 years. Ms. Johansen has served as Administrative Assistant to the City Manager since December 2003. Ms. Johansen is a valued employee whose service will be missed. We wish Kathi and her husband Curt all the best in their move to Ohio. A copy of the internal position vacancy for the Administrative Assistant to the City Manager position is attached for your information (Attachment #1). We have altered the position slightly; our hope is to attract someone who may have a desire to pursue a City Manager career track and that this position would create an entry into that career path. Dale Helling has worked for the City for 36 years. Mr. Helling has served as Assistant City Manager since August 1978. Mr. Helling has also served on occasion as the Acting City Manager. Mr. Helling is a skilled and valued employee. His loyalty to Iowa City is exceptional. It is because of his loyalty and commitment to Iowa City that Mr. Helling has continued to serve the City beyond his intended retirement date. But as is with all good things Mr. Helling's service as Assistant City Manager will come to an end. Mr. Helling is contemplating retirement prior to the end of calendar year 2011. His actual retirement date is not yet specifically determined because Mr. Helling is working with me to insure an orderly transition of staffing in the manager's office. In an effort to both streamline and reduce costs in the manager's office I am proposing to change the title, responsibilities, and pay grade of the position that will replace the Assistant City Manager position after Mr. Helling's retirement. This issue is discussed in more detail later in this report and will require Council action. (Attachment #2 and #3) Additionally, I would like to announce and welcome our new intern to the City Manager's office. Adam Bentley is an Iowa City native and graduated from Iowa City High School in 2004. He attended the University of Northern Iowa where he studied political science, was a Resident Assistant, and served as Student Body Vice - President before graduating with his bachelor's degree in 2008. In August of 2008, he began working for the President's Office at UNI as Coordinator of the College Hill Partnership, a non - profit urban revitalization organization, while completing his Master's degree in public policy. After graduating with his Master's in 2010, he moved to Wichita Kansas where he participated in a management fellowship program under the direction of City Manager Robert Layton. Adam enjoys spending time with his family in Iowa City, volunteering for community organizations, and remaining physically active. Discussion of proposed changes /solution: In an effort to reduce costs in the manager's office and provide for future professional growth and recognition I am recommending a change in the position of Assistant City Manager. A new position titled Assistant to the City Manager will be created and the existing position of Assistant City Manager will be eliminated. A summary of changes made to create the Assistant to the City Manager position are as follows: June 15, 2011 Page 2 1. Reassigned from Executive pay grade 34 to Administrative pay grade 31. 2. Removed supervisory responsibility for Civil Rights, Human Resources, and Cable TV divisions. 3. Removed responsibilities related to labor relations and collective bargaining. 4. Shifted main focus toward assisting City Manager with Council initiatives and special projects /assignments. The pay plan will be amended to; a) eliminate one full -time Assistant City Manager position (Executive grade 34) and; b) create one full -time Assistant to the City Manager position (Administrative grade 31). The resulted annual savings should equate to $26,475. In addition to the savings, I believe; 1) the position will result in a larger pool of candidates being eligible for the position, and; 2) will result in potential growth for a candidate. For example, if the candidate is with the City for a long enough period of time we have the ability to go back to the previous arrangement whereas an assistant manager position is added back to the staff and potentially allow for internal growth for the new assistant to the manager position. Further, this will create the opportunity for the management staff to plan for an internal succession possibility so that a future City Council has the opportunity to consider both internal and external candidates for future city manager considerations. Recommendation: It is my recommendation that City Council approve the attached resolution amending the budgeted position in the City Manager' s Office of the Administrative Office Department and the Executive and Administrative Pay Plan by deleting the Assistant City Manager position and adding an Assistant to the City Manager position. This change would be effective upon the retirement of the current Assistant City Manager position. _.. - ALA June 9, 2011 ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER City Manager's Office Salary Range: $44,324.80 — $65,624.00 ($44,928.00 — $66,518.40 effective June 26, 2011) One full -time permanent position available Hours: Monday — Friday, 8AM — 5PM Serves as community relations /resource person and as first contact for the Mayor, City Council, City Manager and the Assistant to the City Manager. Prepares materials which will furnish information to the public, City Council and staff. Prepares verbal and written reports on special project assignments. Occasional supervisory responsibilities over personnel /projects assigned to the City Manager's office. Serves as administrative support staff for the City Manager and the Assistant to the City Manager, including making arrangements for the City Manager at community events; opening and distributing mail; preparation of and research for routine correspondence; and carrying out special projects. Manages the City Manager's office database and prepares computerized reports. Contributes to staff support for the Mayor and City Council members. Serves as first contact, by phone, e -mail or in person, for the Mayor, City Council, City Manager and the Assistant to the City Manager. Responds to identified problems or refers to appropriate staff member who can solve problems, answer questions and perform research and follow -up as required. Assists the City Manager in review of City Council agenda items and weekly agenda packets. Prepares and publishes a variety of publications regarding City and Council operations, including City services guide. Administers vending cart operations on City Plaza; publicizes deadlines for accepting applications; counsels prospective applicants; furnishes applications for review of cart designs; and serves on committee selecting permit holders. Supervises performance of vendors; assures the timely payment of fees; monitors insurance coverage; writes letters of notice of violations of administrative policies; and follows up on corrective actions. Prepares and places on Council agenda notices of vacancy and appointments of board and commission members; writes appointment letters; publishes annual directory of boards and commissions; and publishes annual report regarding activities of boards and commissions. Oversees selective ordinance enforcement such as downtown plaza vendors and public assembly permits. Accepts applications for use of streets and public grounds; and counsels applicants regarding requirements for insurance and routes; coordinates events with appropriate departments. Prepares variety of forms including payroll forms, travel requests, requisitions, purchase orders and invoices. Serves as City Council liaison for the deer management task force; assists with preparation of budget for the deer management task force. Maintains and updates information on the City Manager's web pages; coordinates with Document Services division as needed. Processes requisitions, purchase orders and invoices; monitors expenditures throughout the year. Organizes and maintains paper and electronic files. Purchases and maintains office supplies. Performs other related duties as assigned. Minimum education, experience and certification A Bachelor's degree in Public Administration, Business Administration or a related field from a college or university accredited by a DOE recognized accreditation body is required. Nine months minimum experience in office management and public relations is required or an equivalent combination of education and experience. Completion of or coursework towards completion of a Master's degree from a college or university accredited by a DOE recognized accreditation body is preferred. City of Iowa City application must be received by 5PM, Wednesday, June 15, 2011, in Personnel, 410 E. Washington Street, Iowa City, Iowa 52240. To comply with the requirements of the Immigration Reform and Control Act of 1986, all persons hired will be required to provide verification of identity and employment eligibility per provisions of the Act. The City of Iowa City is an equal opportunity employer, encourages workforce diversity and is a supporter of the Skills Advantage Work Ready Certificate program. City employees applying for this position must complete an internal employee transfer request form. Please request this form when applying. For current job openings available to the public, call JOBLINE 319 - 356 -5021 or visit www.icgov.org ATTACHMENT #2 CITY OF IOWA CITY, IOWA -- Job Description JUNE 1992 JD No-11203 Identification Position Title: Assistant City Manager Department: Administration Division: City Manager Immediate Supervisor: City Manager Job Summary Assists the City Manager in a broad range of activities involving city government administration. Manages the human relations, broadbound telecommunication, equipment maintenance, and Civil Rights Divisions; and ADA compliance functions of the office of the City Manager. Coordinates collective bargaining activities. Job Scope Directly supervises 2 to 5 employees. Indirectly responsible for approximately 20 to 30 employees. Prepares and administers the annual budget for the City Council, City Manager, and appropriate operating divisions. Monitors expenditures during the year and makes recommendations for budget modifications or additional funds. Essential Job Duties and Responsibilities COMMUNICATES and COORDINATES with Administrative staff at all levels regarding issues involving City services including complaints, problems, policy issues, and service delivery. PREPARES for and ATTENDS City Council meetings; FOLLOWS UP meeting agenda with staff; COMMUNICATES with Council members. MAINTAINS daily contact with various City staff personnel and the general public and RESPONDS to requests and complaints. MAKES presentations and REPRESENTS the City at various meetings. PLANS and SUPERVISES the human relations policies and operations including contract interpretation and grievance resolution. COORDINATES and PARTICIPATES in collective bargaining, contract proposals, negotiations, impasse process. PREPARES final collective bargaining agreements. ADMINISTERS human resource legislative issues including Civil Rights and ADA -504 compliance programs. SUPERVISES the broadbound telecommunications and equipment maintenance divisions. CITY OF IOWA CITY, IOWA -- Job Description -- Page 2 Assistant City Manager JD No. 11203 Essential Job Duties and Responsibilities (continued) PLANS, MONITORS, and AUTHORIZES budget expenditures for the divisions supervised. PREPARES correspondence and administrative materials including reports, collective bargaining materials, policy statements, contracts and agreements, requests for proposals, and resolutions. OTHER related duties as assigned. Physical and Environmental Conditions Ability to transport self from building to building and to attend various functions and meetings at other sites either within or outside of the City. Minimum Education, Experience and Certification College graduate work or advanced degree in business administration or related degree from a DOE recognized accreditation body required. Five years experience minimum in municipal government administration required. Knowledge, Skills, and Abilities Knowledge of principles and techniques of public administration. Skills in management, decision making, written and verbal communication, public relations, and interpersonal relations. Ability to read and understand technical materials, reports and journals and prepare administrative documents. Ability to develop and present mathematical budget information. Ability to effectively communicate, both orally and in writing, to citizens, the City Council and employees. Signature /Approval Employee Supervisor Department Director Date Date Date The above statements are intended to describe the general nature and level of work being performed by individuals assigned to this job. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required of personnel so classified in this position. ATTACHMENT #3 CITY OF IOWA CITY, IOWA -- Job Description Revised May 2011 JD No. 11203 Identification Position Title: Assistant to the City Manager Department: Administration Division: City Manager Immediate Supervisor: City Manager Job Summary Assists the City Manager in a broad range of projects, programs and other activities involving city government administration. Provides highly responsible and complex, executive level management support for City Manager's office. Essential Job Duties and Responsibilities COMMUNICATES and COORDINATES with Administrative staff at all levels regarding issues involving City services including complaints, problems, policy issues, and service delivery. PREPARES for and ATTENDS City Council meetings; FOLLOWS UP meeting agenda with staff; COMMUNICATES with Council members. ASSISTS the City Manager with City Council initiatives. MANAGES City Council requests requiring interdepartmental coordination. DEVELOPS and IMPLEMENTS procedures, operations, and special projects. COORDINATES and SUPERVISES selected functions and activities within the City Manager's office. MAINTAINS daily contact with various City staff personnel and the general public and RESPONDS to requests and complaints. MAKES presentations and REPRESENTS the City at various meetings. PREPARES and ADMINISTERS the annual budget for the City Council, City Manager, and appropriate operating divisions. MAKES recommendations for budget modifications or additional funds. MONITORS and AUTHORIZES budget expenditures during the year for the divisions supervised by the City Manager. PREPARES correspondence and administrative materials including reports, collective bargaining materials, policy statements, contracts and agreements, requests for proposals, and resolutions. ASSUMES City Manager's responsibilities upon the City Manager's designation. OTHER related duties as assigned. CITY OF IOWA CITY, IOWA -- Job Description -- Page 2 Assistant to the City Manager JD No. 11203 Physical and Environmental Conditions Ability to transport self from building to building and to attend various functions and meetings at other sites either within or outside of the City. Minimum Education, Experience and Certification Bachelor's degree in Public Administration, Business Administration or related field and college graduate work or advanced degree in business administration or related field from a college or university accredited by a DOE recognized accreditation body required. Five years experience minimum in municipal government administration required or equivalent combination of education and experience. Knowledge, Skills, and Abilities Knowledge of principles and techniques of public administration. Skills in management, decision making, written and verbal communication, public relations, and interpersonal relations. Ability to read and understand technical materials, reports and journals and prepare administrative documents. Ability to develop and present mathematical budget information. Ability to effectively communicate, both orally and in writing, to citizens, the City Council and employees. Signature /Approval Employee Supervisor Department Director Date Date Date The above statements are intended to describe the general nature and level of work being performed by individuals assigned to this job. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required of personnel so classified in this position. E r VA Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5026 RESOLUTION NO. 11 -245 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY MANAGER'S OFFICE OF THE ADMINISTRATIVE OFFICES DEPARTMENT AND THE EXECUTIVE AND ADMINISTRATIVE PAY PLANS BY DELETING THE ASSISTANT CITY MANAGER POSITION AND ADDING AN ASSISTANT TO THE CITY MANAGER POSITION. WHEREAS, Resolution No. 11 -67, adopted by the City Council on March 1, 2011, authorized budgeted positions in the City Manager's Office Division of the Administrative Offices Department for FY12; and WHEREAS, Resolution No. 10 -270, adopted by the City Council on May 10, 2010, established a classification /compensation plan for Executive and Administrative employees; and WHEREAS, the City Manager has recommended this change as a cost saving measure; and WHEREAS, the City Manager believes this will provide for a potential future internal growth opportunity for the assistant position and may provide for a logical succession plan for an internal candidate for future City Manager openings; and WHEREAS, the City Manager is comfortable with the job description changes and staff reporting changes in which this change will result. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the City Manager's Office Division of the Administrative Offices Department be amended by: 1. Eliminating one full -time Assistant City Manager position (Executive grade 34). 2. Creating one full -time Assistant to the City Manager position (Administrative grade 31). The Executive pay plan be amended by deleting the position of Assistant City Manager, grade 34. The Administrative pay plan be amended by adding the position of Assistant to the City Manager, grade 31. These changes will be effective upon the retirement of the current Assistant City Manager. Passed and approved this 21st day of June 120 11 ATTEST: 2e CI LERK 1 4 Resolution No. Page 2 11 -245 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey _ X Champion x Dickens Hayek Mims Wilburn Wright /h u ma n rei /re s /cmo -asst. d oc