HomeMy WebLinkAbout2012-01-24 Resolution*1 2
4C(6)
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043
RESOLUTION NO. 12 -21
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing
Permit as provided by law is hereby granted to the following named person and at the
following described locations upon his /her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license /permit, to wit:
Iowa City Fieldhouse - 118 S. Dubuque Street
Passed and approved this 24th day of January , 2012
MAYOR
ATTEST: 7 a4,4--'
CIT ERK
Approved by
City Attorney's Office
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x— Champion
x Dickens
x Dobyns
x Hayek
x Mims
x_ Payne
x Throgmorton
11,44j
4d(1)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 12 -22
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 415 N GOVERNOR STREET, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total
amount of $30,254.56, executed by the owners of the property on July 14, 2011,
recorded on July 20, 2011, in Book 4779, Page 603 through Page 608 in the Johnson
County Recorder's Office covering the following described real estate:
The North Fifty (50) feet of Lot Eight (8) in Block Eight (8) in Iowa City, Iowa
according to the recorded plat thereof.
Subject to easements and restrictions of record.
WHEREAS, MidWestOne Bank is refinancing a mortgage for $112,000 and is securing
the loan with a mortgage covering the real estate described above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the
loan of MidWestOne Bank, secured by a proposed mortgage in order to induce
MidWestOne Bank to secure first position on such a loan; and
WHEREAS, MidWestOne Bank has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with MidWestOne Bank; and
WHEREAS, there is sufficient value in the above - described real estate to secure the City
as a second lien, which is the City's original position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and MidWestOne Bank, Iowa
City, Iowa.
Passed and approved this 24th day of January _,20 12
MAYOR
Approved by
Resolution No. 12 -22
Page 2
ATTEST: ��
CITY CtERK
City Attorney's Office
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
Hayek
Mims
X Payne
x Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
MidWestOne Bank, Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the
amount of $30,254.67, and was executea Dy
Thomas J. Strub and Monica J. Strub (herein the Owner), dated July 14, 2011, recorded July
20, 2011, in Book 4779, Page 603 through Page 6008, Johnson County Recorder's Office,
covering the following described real property:
The North Fifty (50) feet of Lot Eight (8) in Block Eight (8) in Iowa City, Iowa
according to the recorded plat thereof.
Subject to easements and restrictions of record.
WHEREAS, the Financial Institution has loaned the sum of $117,000 on a promissory note to be
executed by the Financial Institution, securing a mortgage covering the real property described
above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage
held by the City be subordinated to the lien of the mortgage made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Mortgage held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortgage of the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this 24th day of January 12012
CITY OF IOWA CITY FINANCIAL INSTITUTION
By
Mayor
Attest:
A
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
By r,
On this a"�h day of )ANuAiz -w , 20 �a , before me, the undersigned, a Notary
Public in and for the State of low- personally appeared MatAtw'T. rya& k 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 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 Council, as contained in (Ordinance)
(Resolution) No. 14- a� passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the zt-'A day of ---,1'AAwAzm , 20 t.A , and
that Algl+hew T i4 Jye,K 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.
k5E 30'a"O,t Q-6
Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this i0 day of JCV l c,�- a-'� , 20 /,2 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Cln&f Lgn6h' to me
personally known, who being by me duly sworn, did say that he/ he is the Vic"t-
of mldwees One- that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said Vick rebid en+ acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed.
Notary Public i and forte State of Iowa
My Commission expires:
�<P'PIAC S,�
PATTY SREAZEALE
o v
Commission Number 766234
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ipWp
My Commission Expires
I
Notary Public i and forte State of Iowa
My Commission expires:
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4d(2)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO
12 -23
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED 1015 DIANA STREET, IOWA CITY, IOWA.
WHEREAS, on December 31, 2001, the owner executed a Mortgage 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 property
located at 1015 Diana Street, Iowa City, Iowa from a Mortgage recorded January 10,
2003, Book 3457, Page 202 through Page 208, of the Johnson County Recorder's
Office.
Passed and approved this 24th day of January 120 12
MAYOR
ATTEST:
CIT ERK
Approved by
City Attorney's Office
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
X Champion
X Dickens
X Dobyns
X Hayek
X Mims
X Payne
_X Throgmorton
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): Cynthia C. Rolfes
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1015 Diana Street, Iowa City, Iowa,
and legally described as follows:
Beginning at a point 150 feet south of the northwest corner of Lot 1, Block 5, Lucas Addition
to Iowa City, according to the plat thereof recorded in Deed Book 13, Page 580, Records of
Johnson County, Iowa, thence south on the west line of said Lot 1, 50 feet, thence east 100
feet, thence north 50 feet, thence west to the place of beginning a distance of 100 feet.
from an obligation of the owner, Cynthia C. Rolfes, to the City of Iowa City represented by a
Mortgage recorded January 10, 2003, Book 3457, Page 202 through Page 208 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:_ � 7C �C�ti
CITY C"CERK
STATE OF IOWA )
1 SS:
JOHNSON COUNTY 1
�( n
MAYOR
App N j
City Attorney's Office
On this a1 +f, day of JANLkA2y , A.D. 20 1 a- , 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. 40-r o7 , adopted by the City Council
on the o14* day 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.
c �s SONDRAE FORT
Commission Number 159791
My Co mission Expires
-3 7 app Notary Public in and for Johnson County, Iowa
r1�
aa(s)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 12 -24
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED 630 WHITING AVENUE, IOWA CITY, IOWA.
WHEREAS, on January 19, 2001, the owners executed a Mortgage with the City of Iowa
City to secure a loan; and
WHEREAS, the terms of the loan have 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 property
located at 630 Whiting Avenue, Iowa City, Iowa from a Mortgage recorded January 25,
2001, Book 3032, Page 64 through Page 70, of the Johnson County Recorder's Office.
Passed and approved this 24th day of January 1 202 --
�
O.
ATTEST:
CIiY-eLERK
Approved by
City Attorney's Office
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
X Champion
X Dickens
X Dobyns
Hayek
x Mims
X Payne
X Throgmorton
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):Dominic D. and Amy J. Gabaldon
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 630 Whting Avenue, Iowa City, Iowa,
and legally described as follows:
Beginning at a point that is 20 feet North and 408.3 feet East of the Southwest corner of the
SE' /4 NE'/ of Sec. 3, Twp. 79N., R. 6, West of the 5th P.M., in Iowa City, Iowa; thence
North 140 feet; thence East 120 feet; thence South 140 feet; thence West 120 feet to the
point of beginning, together with easements running with the land, and subject to
easements and restrictions of record.
from an obligation of the owners, Dominic D. and Amy J. Gabaldon, to the City of Iowa City
represented by a Mortgage recorded January 25, 2001, Book 3032, Page 64 through Page 70
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 C K
STATE OF IOWA )
SS:
JOHNSON COUNTY )
Approved by
City Attorney's Office
On this ;-I fi — day of 4AI m& ZN , A.D. 20 /a , before me, the undersigned, a Notary Public in and for said
County, in said State, personally a ed 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. 0— %N, adopted by the City Council
on the 44 1q day -U-- A , 20 1L, and that the said Matthew J. Hayek and Marian K. Karr as such officers
acknowledged the execution o said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
TSONDRAEFORT o � Cossion Number 159791
= ommission Expires
ow
7 oYatS Notary Public in and for Johnson County, Iowa
I
Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145
RESOLUTION NO. 12-25
RESOLUTION ACCEPTING THE NORTHSIDE MARKETPLACE
IMPROVEMENT PROJECT.
WHEREAS, the Engineering Division has recommended that the work for construction of
the Northside Marketplace Improvement Project, as included in a contract between the
City of Iowa City and All American Concrete, Inc. of West Liberty Iowa City, Iowa, dated
March 22nd, 2011, 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 Northside Marketplace Streetscape
account #3751; and
WHEREAS, the final contract price is $744,279.80.
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 24th day of January , 2012.
A.�'I ..
Mayor
ATTEST:
City Z3erk
Approved by:
- /Au_ 4W17U a 4eh .
City Attorney's Office Ilt7 /f Z
z 4d(4)
Resolution No. 19-25
Page 2
It was moved by f'hampi on and seconded by pa )zna the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Sul ��►
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SNZZ� 5%:.A 0 tail
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
January 17, 2012
City Clerk
City of Iowa City, Iowa
Re: Northside Marketplace Improvements Project
Dear City Clerk:
I hereby certify that the construction of the Northside Marketplace Improvements
Project has been completed by All American Concrete, Inc. of Iowa City, Iowa in
substantial accordance with the plans and specifications prepared by
Confluence.
The final contract price of the project is $744,279.80.
I recommend that the above - referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
Mt-
4d(5)
Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145
RESOLUTION NO. 12 -26
RESOLUTION ACCEPTING THE NORTH MARKET SQUARE PARK
IMPROVEMENT PROJECT.
WHEREAS, the Engineering Division has recommended that the work for construction of
the North Market Square Park Improvement Project, as included in a contract between the
City of Iowa City and Feldman Concrete, Inc. of Dyersville, Iowa, dated August 2nd, 2011,
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 North Market Square
Redevelopment account # 4320; and
WHEREAS, the final contract price is $178,462.54.
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 24th day of January 12012.
MM-MINMI-1
ATTEST: 7A"&)
City jerk
Approved by:
City Attorney's Office /7/(-z__
Resolution No. 12 -26
Page 2
It was moved by Chamgi on and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
�z ci ) <"_
� r
- AM
W IX-TWO
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
January 17, 2012
City Clerk
City of Iowa City, Iowa
Re: North Market Square Park Project
Dear City Clerk:
I hereby certify that the construction of the North Market Square Park Project has
been completed by Feldman Concrete, Inc. of Dyersville, Iowa in substantial
accordance with the plans and specifications prepared by Confluence.
The final contract price of the project is $178,462.54.
I recommend that the above - referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
t 01 -24 -12
4d(6)
Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410
RESOLUTION NO. 12 -27
RESOLUTION ACCEPTING THE WORK FOR THE 2011 WATER MAIN
IMPROVEMENTS PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
2011 Water Main Improvements Project, as included in a contract between the City of Iowa City
and Lynch's Excavating, Inc. of West Branch, Iowa, dated October 4, 2011, 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 Annual Water Man Projects account #3204;
and
WHEREAS, the final contract price is $60,881.64.
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 24th day of Tanuar -,20 12
MAYOR
Approved by
ATTEST:_ e• -"& " ', �
CI T RK City Attorney's Office 11,71,2—
It was moved by Champion and seconded by Pine the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
X
x
X
X
Pweng/res/201 1 wtrmaini mprov- acptwork.doc
1/12
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
I r 1
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
January 12, 2012
City Clerk
City of Iowa City, Iowa
Re: 2011 Water Main Improvements Project
Dear City Clerk:
I hereby certify that the construction of the 2011 Water Main Improvements
Project has been completed by Lynch's Excavating, Inc. of West Branch, Iowa in
substantial accordance with the plans and specifications prepared by the Iowa
City Engineering Division.
The final contract price is $60,881.64.
recommend that the above - referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
4d(7)
Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410
RESOLUTION NO. 12 -28
RESOLUTION ACCEPTING THE WORK FOR THE LANDFILL STAGE 1 CELL
CONSTRUCTION PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Landfill Stage 1 Cell Construction Project, as included in a contract between the City of Iowa City
and Connolly Construction, Inc. of Peosta, IA, June 15, 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 Landfill FY09 Cell Construction Projects
account #32250; and
WHEREAS, the final contract price is $5,320,917.19.
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 24th day of January '20 12
MAYOR
Approved by
ATTEST: 91P 72& ,,4eu a- At" ,-Ovd w �
CITY CEERK City Attorney's Office 1117//2
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES:
— x
x
X
_ x
x
x
X
Pweng/res/landfillstg I cell constr.doc
1/12
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
ENGINEER'S REPORT
January 9, 2012
: -21 '�
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5007 FAX
www.icgov.org
City Clerk
Iowa City, Iowa
Re: Landfill Stage 1 Cell Construction Project
Dear City Clerk:
I hereby certify that the construction of the Landfill Stage 1 Cell Construction Project has been
completed in by Connolly Construction, Inc. of Peosta, Iowa in substantial accordance with the
plans and specifications prepared by HR Green Company.
The final contract price is $5,320,917.19.
1 recommend that the above - referenced improvements be accepted by the City of Iowa City.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
pweng /engrpt- landfillstglcell reconst.doc
"o
4e(1)
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 12 -29
RESOLUTION SETTING PUBLIC HEARING FOR FEBRUARY 21, 2012, ON
A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 658
SOUTH LUCAS STREET.
WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the
University of Iowa and the City to encourage home ownership and reinvestment in designated
neighborhoods surrounding the University of Iowa; and
WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and
rehabilitation of twenty -six 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 658 South
Lucas Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 658 South Lucas Street for the principal
sum of $162,500 (the amount the City paid to acquire the home), plus the "carrying costs ",
which are all costs incurred by the City to acquire the home, maintain it and sell it, including
abstracting and recording fees, interest on the loan to purchase the home, mowing and snow
removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate
the home; and
WHEREAS, this sale would provide affordable housing in a designated area surrounding the
University of Iowa; and
WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase
of the home.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
658 South Lucas Street, Iowa City, Iowa, also known as Lot 10 and part of Lot 9, Block 1,
Strohm's Addition, for the sum of $162,500, plus the "carrying costs ".
Resolution No. 12 -29
Page 2
2. A public hearing on said proposal should be and is hereby set for February 21, 2012, at
7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to
cause notice of said public hearing to be published as provided by law.
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x_ Dickens
x Dobyns
x Hayek
X Mims
x_ Payne
x Throgmorton
Passed and approved this 24th day of Tanury , 2012.
MAYOR
ATTEST:
CITY CUERK
Approved by
' —
City Attorney's Office
M
4e(2)
Prepared by: Sara Greenwood Hektoen , Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319- 356 -5230 Resolution No. 12 -30
RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE
OF LAND EAST OF STURGIS CORNER DRIVE AND WEST OF THE IOWA
RIVER TO RAVI LODGING, INC., AND SETTING A PUBLIC HEARING ON
SAID PROPOSED CONVEYANCE FOR FEBRUARY 21, 2012.
WHEREAS, the City currently owns an approximate 1.09 acre parcel of land east
of Sturgis Corner Drive and West of the Iowa River, within the Riverfront
Crossings Urban Renewal Area; and
WHEREAS, Ravi Lodging, Inc. has offered fair market value, as determined by
an appraisal, for this land and intends to use combine it with adjacent land for
development of a hotel; and
WHEREAS, the City intends to retain a public access trail and temporary
construction easement along the Iowa River, as well as a drainage and storm
sewer easement over the subject land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, THAT:
1. The City Council does hereby declare its intent to consider the conveyance of a
portion of land east of Sturgis Corner and west of the Iowa River to Ravi
Lodging, Inc., subject to the retention of a public access trail and temporary
construction easement along the Iowa River, as well as a drainage and storm
sewer easement.
2. A public hearing on said proposal should be and is hereby set for February 21,
2012 at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St.,
Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City
Council thereafter as posted by the City Clerk.
3. The City Clerk is hereby directed to cause Notice of Public Hearing to be
published as provided by law.
Passed and approved this 24th day of January , 2012.
MAYOR
Approved by
ATTEST: A44 � � ��c u, ✓rf �{� —r�i
CITY CLERK City Attorney's Office 1/13112-
Resolution No.
Page 2
12 -30
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Champion
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
Throgmorton
4e(3)
lummoin
Prepared by: Ed Moreno, Public Works, Water Division, 410 E_ Washington St., Iowa City, IA 52240 (319) 356 -5162
RESOLUTION NO. 12 -31
RESOLUTION SETTING A PUBLIC HEARING ON FEBRUARY 21, 2012, ON AN
ORDINANCE AMENDING CITY CODE SECTION 3 -4 -3, POTABLE WATER USE
AND SERVICE FEES AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING.
WHEREAS, the Water Division recommends amending the fees for 'water service charged for
the first 100 cubic feet or less of water used, based on meter size', codified in Iowa City Code of
Ordinances 3 -4 -3; and
WHEREAS, said fees were inadvertently increased with the approval of Ordinance # 10 -4399;
and
WHEREAS, the Water Division also recommends amending the City Ordinance Section 3 -4 -3 to
clarify the Water Main Extension Fee.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That a public hearing is to be held on the 21st day of February, 2012, at 7:00 p.m. in
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 by the City Engineer in
the office of the City Clerk for public inspection.
Passed and approved this 24th day of January , 201_
Mayor
Approved by
ATTEST: �/ 4e�m,
CITY 'tERK City Attorney's Office /(3 //Z
Resolution No. 12-31
Page 2
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
X
x
x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Prepared by: Jennifer Jordan, Recycling Coordinator, 3900 Hebl Ave., Iowa City, IA 52246 (319) 887 -6160
RESOLUTION NO. 12 -32
RESOLUTION SETTING A PUBLIC HEARING ON FEBRUARY 21, 2012,
REGARDING THE INTENT TO ENTER INTO A LEASE WITH THE IOWA
VALLEY HABITAT FOR HUMANITY AT THE EAST SIDE RECYCLING
CENTER.
WHEREAS, the City desires to consider a lease with the Iowa Valley Habitat for Humanity for
space located at the Eastside Recycling Center, located at 2401 Scott Boulevard SE, Iowa City,
Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. A public hearing on the intent to enter into a lease with the Iowa Valley Habitat
for Humanity at the East Side Recycling Center is to be held on the 21 ST day
of February, 2012, at 7 :00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City
Council thereafter as posted by the City Clerk.
2. The City Clerk is hereby authorized and directed to public notice of the public
hearing for the above -named lease in a newspaper published at least once
weekly and having a general circulation in the City, not less than four (4) days
nor more than twenty (20) days before said public hearing.
3. The copy of the lease is hereby ordered placed on file by the Recycling
Coordinator in the office of the City Clerk for inspection.
Passed and approved this 24th day of January , 20 12 .
Lkll I ,1
MAYOR
ATTEST: )
CITY ERK
Approved by
City Attorney's Office 1
a
Resolution No. 12-32
Page 2
It was moved by Champion on and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
CITY OF IOWA CITY ■4ei4i�
t wlll �
`�.
MEMORANDUM
DATE: January 13, 2012
TO: Tom Markus, City Manager
FROM: Rick Fosse, Public Works Director
RE: Setting a Public Hearing regarding East Side Recycling Center
Leases — January 24, 2012
Introduction:
Construction of the improvements to the East Side Recycling Center is nearing completion and
it is necessary to enter into lease agreements for the new and expanded spaces.
Staff has prepared a lease agreement with Habitat for Humanity /ReStore for their expanded and
improved space. A current lease exists with Habitat that will terminate when a new lease is
enacted. The new lease includes more space for program expansions and new rates for the
space.
Staff has also prepared a lease agreement with the Friends of Historic Preservation for the new
Salvage Barn space at the East Side Recycling Center. Salvage Barn has been located at the
landfill for approximately ten years but no lease or rent structure exists for that space.
Both leases have a ten year duration with three five -year possible extensions.
History /Background:
The City purchased the East Side Recycling Center in 2006 to build a comprehensive recycling
site to serve eastern Iowa City and to house non - profit waste diversion operations such as
ReStore, Furniture Project and Salvage Barn. The construction project at the East Side
Recycling Center will accommodate the location or expansion of these operations at this site.
ReStore has rented space since 2006. ReStore also has taken over full operations of the
Furniture Project. These partners have worked closely with the landfill to divert reusable
materials from the landfill and will be able to expand and improve their operations with the new
spaces.
Discussion of Solution:
The leases define the costs and obligations of the use of space at the East Side Recycling
Center and have been reviewed by the City Attorney's Office. Future amendments can be
made by approval of City Council. Additionally, the City has spelled out tasks for the tenants to
share the oversight of the site; the tasks are spelled out in an addendum that can be changed
by the Director of Public Works. The leases and addendum will be reviewed annually by Staff.
Financial Impact:
The lease with Habitat for Humanity will net $21,131.00 annually. The lease with Friends of
Historic Preservation will net $3,870.00 annually. The rent can be increased up to 5% annually
at the discretion of the City Manager. In addition, the tenants each have a list of responsibilities
that contribute to the success of the site. These responsibilities, including interacting with the
January 17, 2012
Page 2
public, taking electronic waste for recycling, providing programs at the education center,
closing /opening the site gate daily and some site maintenance
Recommendation:
Staff recommends approval of the lease agreements.
cc: Ron Knoche, City Engineer
Dave Elias, Superintendent of Wastewater and Landfill
Jen Jordan, Recycling Coordinator
�ti1 U1 24"'
4e(5)
Prepared by: Jennifer Jordan, Recycling Coordinator, 3900 Hebl Ave., Iowa City, IA 52246 (319) 887 -6160
RESOLUTION NO. 12 -33
RESOLUTION SETTING A PUBLIC HEARING ON FEBRUARY 21, 2012,
REGARDING THE INTENT TO ENTER INTO A LEASE AGREEMENT WITH
THE FRIENDS OF HISTORIC PRESERVATION (SALVAGE BARN) AT THE
EAST SIDE RECYCLING CENTER.
WHEREAS, the City desires to consider a lease with the Friends of Historic Preservation for
space located at the Eastside Recycling Center, located at 2401 Scott Boulevard SE, Iowa City,
Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
A public hearing on the intent to enter into a lease with the Friends of Historic
Preservation (Salvage Barn) at the East Side Recycling Center is to be held on the 21"
day of February, 2012, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk.
2. The City Clerk is hereby authorized and directed to public notice of the public hearing
for the above -named lease in a newspaper published at least once weekly and having
a general circulation in the City, not less than four (4) days nor more than twenty (20)
days before said public hearing.
3. The copy of the lease is hereby ordered placed on file by the Recycling Coordinator in
the office of the City Clerk for inspection.
Passed and approved this 24th day of January 120 12
—A< Sq n.
MAYOR
roved by
Ap
ATTEST: Az� j� A���
CITY CLERK City Attorney's Office ///g//2-
Resolution No.
Page 2
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x_ Dickens
x Dobyns
x Hayek
x_ Mims
x Payne
x Throgmorton
4e(6)
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 12 -34
RESOLUTION SETTING PUBLIC HEARING FOR FEBRUARY 21, 2012, ON
A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 412
RONALDS STREET.
WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the
University of Iowa and the City to encourage home ownership and reinvestment in designated
neighborhoods surrounding the University of Iowa; and
WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and
rehabilitation of twenty -six 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 412 Ronalds
Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 412 Ronalds Street for the principal sum
of $176,000 (the amount the City paid to acquire the home), plus the "carrying costs ", which are
all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting
and recording fees, interest on the loan to purchase the home, mowing and snow removal,
utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the
home; and
WHEREAS, this sale would provide affordable housing in a designated area surrounding the
University of Iowa; and
WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase
of the home.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
412 Ronalds Street, Iowa City, Iowa, also known as the East half of Lot 6 in Block 52, for
the sum of $176,000, plus the "carrying costs ".
Resolution No. 12 -34
Page 2
2. A public hearing on said proposal should be and is hereby set for February 21, 2012, at
7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to
cause notice of said public hearing to be published as provided by law.
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES: NAYS
x
x
x
x
x
x
x
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Passed and approved this 24th day of January , 2012.
MAYOR
ATTEST:
CITY tERK
Approved by
4 ��� 1-13 - I.),
City Attorney's Office
.01-24-..
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239
RESOLUTION NO. 12-35
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE BOUNDARY
OF THE NORTHSIDE MARKETPLACE TO EXCLUDE PROPERTIES LOCATED AT 228 & 232
BLOOMINGTON STREET AND 311 & 313 LINN STREET.
WHEREAS, the Iowa City Comprehensive Plan serves as a land use and planning policy guide
setting forth a vision, goals and objectives for future development or redevelopment throughout
the city and for preserving valuable assets already present within established neighborhoods and
by providing notification to the public regarding intended uses of land; and
WHEREAS, a component of the Comprehensive Plan is the Central District Plan, which contains
policies and a land use plan map for the Northside Marketplace; and
WHEREAS, the Northside Marketplace Plan Map includes properties located at 228 & 232
Bloomington Street and 311 & 313 Linn Street: and
WHEREAS, these properties contain historic buildings that are used for residences and a
religious institution; and
WHEREAS, The City wishes to clarify that the intent of the Central District Plan is to encourage
the preservation of these properties; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed change in the Plan
Map and has recommended that it be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Iowa City Comprehensive Plan, Central District Plan, is hereby amended to change the
boundary of the Northside Marketplace to exclude properties located at 228 & 232 Bloomington
Street and 311 & 313 Linn Street.
Passed and approved this 24th day of January , 2012
Mayor
ATTEST:
Cit Jerk
Approved by:
City Attorney's Office , /N(1 z
Resolution No. 12 -35
Page 2
It was moved by Mims and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
x
_ x
x
x
x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
ABSTAIN:
VA
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239
RESOLUTION NO.
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE HE BOUNDARY
OF THE NORTHSIDE MARKETPLACE TO EXCLUDE PROPERTIES LOC ATED AT 228 & 232
BLOOMINGTON STREET AND 311 & 313 LINN STREET.
WHEREAS, the to a City Comprehensive Plan serves as a land use an planning policy guide
setting forth a vision, oals and objectives for future development or red velopment throughout
the city and for prese g valuable assets already present within esta ished neighborhoods and
by providing notification the public regarding intended uses of land-,/'and
WHEREAS, a component o,�khe Comprehensive Plan is the CentrayDistrict Plan, which contains
policies and a land use plan p for the Northside Marketplace; a d
WHEREAS, the Northside Markel lace Plan Map includes prop rties located at 228 & 232
Bloomington Street and 311 & 313 inn Street: and
WHEREAS, these properties contain \toric uildings that re used for residences and a
religious institution; and
WHEREAS, The City wishes to clarintent o the Central District Plan is to encourage
the preservation of these properties; /`
WHEREAS, the Planning and Zoning Commissi /has reviewed the proposed change in the Plan
Map and has recommended that it be approved.
NOW, THEREFORE, BE IT RESOLVED BY T�E C11 COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT: \
The Iowa City Comprehensive Plan, CentrayDistrict Plan, hereby amended to change the
boundary of the Northside Marketplace toxclude propertie located at 228 & 232 Bloomington
Street and 311 & 313 Linn Street.
Passed and approved this do of , 2012.
Mayor
ATTEST:
City Clerk
Approved by:
City Attorney's Office A f( y
FILE
,A 7012
Ci[v Ctcrk
�c,vaCi,r, lo,tia
b�
elill
yzl 1 6b
PI 410E Whin ton St Iowa City IA 52240 6 -5251
Prepared by: Karen Howard, Associate anner, g ,
RESOLUTION NO. O
R
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND Ut
DESIGNATION ON THE CENTRAL DISTRICT PLAN MAP FROM OFFICE COMMERCIAL TO HIGH
DENSITY MULTI - FAMILY FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET.
WHEREAS, the Iowa City Comprehensive Plan serves as a land use and planning policy guide setting
forth a vision, goals and objectives for future development or redevelopment throughout the city and for
preserving valuable assets already present within established neighborhoods and by providing notification
to the public regarding intended uses of land; and
WHEREAS, a component of the Comprehensive Plan is the Central District Plan, which contains policies
and a land use plan map, which is intended to be used as a general guide to future land use and
development in the Central District; and
WHEREAS, the Central District Plan Map depicts the property at 821 E. Jefferson Street as appropriate
for Office Commercial; and
WHEREAS, Prime Ventures Construction has requested that the Central District Plan Map be amended
to change the land use designation of the property at 821 E. Jefferson Street from Office Commercial to
High Density Multi - Family; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed change in the Plan Map
and has recommended that it be denied based on evidence presented in the record that allowing
additional high density multi - family residential in this area would be de- stabilizing to the existing
neighborhood in an area where the Central District Plan establishes a goal to achieve a healthy balance
of rental and owner - occupied housing to promote long -term investment, affordable housing opportunities,
and preservation of historic homes and neighborhoods;
WHEREAS, the City Council has reviewed the record and held additional public hearings and consulted
with the Planning and Zoning Commission and counter to the Planning and Zoning Commission's
recommendation has determined that a High Density Multi- Family designation is the appropriate plan
map designation for this property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The Iowa City Comprehensive Plan, Central District Plan, is hereby amended to change the land use
designation from Office Commercial to High Density Multi - Family Residential for property located at 821
E. Jefferson Street.
Passed and approved this day of , 2012.
Mayor
ATTEST:
City Clerk
Approved by:
City Attorney's Office
b6
Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5251
RESOLUTION NO.
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE
DESIGNATION ON THE CENTRAL DISTRICT PLAN MAP FROM OFFICE COMMERCIAL TO HIGH
DENSITY MULTI - FAMILY FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET.
WHEREAS, the Iowa City Comprehensive Plan serves as a land use and plan ing policy guide setting
forth a vision, goals and objectives for future development or redevelopment roughout the city and for
preserving valuable assets already present within established neighborhood and by providing notification
to the public regarding intended uses of'�and; and
WHEREAS, a component of the Comprehensive Plan is the Central Dist ct Plan, which contains policies
and a land use plan map, which is intended o be used as a general gu a to future land use and
development in the Central District; and \
WHEREAS, the Central District Plan Map depic�t�s the property at 821 E. Jefferson Street as appropriate
for Office Commercial; and \
WHEREAS, Prime Ventures Construction has requ ted that t Central District Plan Map be amended
to change the land use designation of the propertAevidc t 21 E fferson Street from Office Commercial to
High Density Multi - Family; and
WHEREAS, the Planning and Zoning Commissioed the proposed change in the Plan Map
and has recommended that it be denied based oresented in the record that allowing
additional high den sity multi - family residential in uld be de- stabilizing to the existing
neighborhood in an area where the Central Distri lishes a goal to achieve a healthy balance
of rental and owner - occupied housing to promote n stment, affordable housing opportunities,
and preservation of historic homes and neighbor
WHEREAS, the City Council has reviewed
with the Planning and Zoning Commission
recommendation has determined that a Hii,
map designation for this property.
BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
NOW, THEREFORE, BE IT RESOL
THAT:
�*ecord and held additional public hearings and consulted
d counter to the Planrhng and Zoning Commission's
Density Multi- Family de ignation is the appropriate plan
The Iowa City Comprehensive P n, Central District Plan, is hereby amended to change the land use
designation from Office Comm rcial to High Density Multi - Family Residential for pro
rty loud at 821
E. Jefferson Street. =
j
Passed and approved thi day of 2012. r
/ Mayor ''
ATTEST: F
City Clerk
Approved by:
City Attorney's Office
To: Planning & Zoning Commission
Item: REZ11 -00018 &
Comprehensive Plan Amendment
821 Jefferson Street
GENERAL INFORMATION:
Applicant:
STAFF REPORT
Prepared by: Karen Howard
Date: November 17, 2011
Prime Ventures Construction, Inc.
580 Madison Avenue, Suite #3
North Liberty, IA 52317
Owners: Jeffrey F. & Margaret A. Jones
740 Elliott Court
Iowa City, IA 52246
Contact Person:
Phone:
Gary Watts
(319) 665 -9200
Requested Action: Rezoning from Commercial Office (CO -1) to High
Density Multi - Family Residential (RM -44). A
comprehensive plan amendment will be necessary
for this rezoning change.
Purpose:
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
To allow development of a new multi - family building
821 E. Jefferson Street
20,336 square feet
Medical Office / CO -1
North: Residential; RNS -12
South: Residential; RM -44 & RNS -20
East: Residential; RM -44 & RNS -12
West: Residential; RM -44 & RNS -20
Comprehensive Plan: Central District Plan shows the property as
Commercial Office. Immediately adjacent properties
in this block are shown as High Density Multi - Family
Residential with Single Family Residential
Stabilization across the street to the north and to the
east and Multi - Family Neighborhood Stabilization to
the south and west.
File Date: October 13, 2011
45 Day Limitation Period: November 27, 2011
2
BACKGROUND INFORMATION:
The property at 821 E. Jefferson contains a medical office building, which is currently vacant.
Medical offices were an allowed use in the R3A Zone, which was the zoning designation for this
property when the office building was first built in the late 1960's. When a new zoning structure
was adopted in Iowa City the early 1980's, medical offices were no longer included as an allowed
use in the multi - family zones, so a number of the properties that contained medical offices were
rezoned to Commercial Office to avoid creating nonconformities. This was the case for the
medical office at 821 Jefferson Street.
The applicant is requesting to rezone the property from Commercial Office to High Density Multi -
Family Residential (RM -44) and intends to take down the existing office building and construct a
15 -unit apartment building in its place. The property is located in the floodplain of Ralston Creek,
which is located just south of the property. Since the new building will be located within the
floodplain, underground parking is not possible in this location and the residential units must be
built at least one foot above the flood hazard level. Therefore, the applicant is proposing to use
the ground level floor of the building for parking and the apartments will be located on the 2 -1/2
floors above this parking level. To meet the parking requirement for the proposed number of
units, it will also be necessary for additional parking to be located on a surface parking lot located
to the rear of the building with access from the alley (see the attached draft site plan submitted by
the applicant).
The applicant chose to use the "Good Neighbor Policy" and held a neighborhood meeting on
October 27. They also intend to hold a second neighborhood meeting on November 15.
ANALYSIS:
Current and Proposed Zoning: The current zoning of the property is Commercial Office (CO -1).
The purpose of the Commercial Office zone as stated in the zoning ordinance "is to provide
specific areas where office functions, compatible businesses, apartments and certain public and
semi - public uses may be developed in accordance with the Comprehensive Plan." Similar to
many of the City's commercial zones, the CO -1 Zone allows apartments above ground floor
commercial uses. The residential density allowed in the CO -1 Zone is similar to what is allowed in
the Low Density Multi - Family (RM -12) Zone (1 unit per 2,725 square feet of lot area) with up to 4
bedrooms per unit. The current CO -1 zoning on this property would allow up to seven apartments
to development above first floor office or other allowed commercial use.
According to the purpose statement in the zoning ordinance, the High Density Multi - Family
Residential Zone (RM -44) "establishes areas for the development of high density, multi - family
dwellings and group living quarters. Properties zoned RM -44 should be located with good access
to all City services and facilities, including public transportation services. Vehicular access and
parking should be designed carefully to ensure efficient traffic and pedestrian circulation on
adjacent streets. Due to the high density permitted in this zone, careful attention to site design is
expected to ensure that buildings are compatible with surrounding land uses and that a quality
living environment will be maintained over time." The zone allows a maximum residential density
of 1 unit per 1000 square feet of lot area or approximately 44 units per acre. The zone also allows
a larger household size — up to five unrelated persons may reside in each apartment unit. If the
subject property were rezoned to RM -44 up to 20 apartments could be built on the property.
However, the number of apartments and the bedroom mix that can actually be achieved is limited
by the number of parking spaces that will fit on the property.
While the zoning code states that quality design is important in the RM -44 Zone, there have been
concerns expressed since this zoning category was created that the resulting buildings and
properties have not always achieved this goal, particularly in those areas close to the University
3
campus where apartments were largely being built to serve the student housing market rather
than other populations. Many of the complaints and concerns expressed involve dormitory-style
apartments with a large number of bedrooms and bathrooms with little living and dining space or
other on -site amenities. Apartment units with these types of configurations are not very
marketable to other populations besides undergraduate college students.
As one can see the attached location map, almost all the properties on this block are zoned RM-
44 except for the subject property and three smaller properties located on the south side of
Ralston Creek that front on Iowa Avenue. Since the immediately adjacent properties to the east,
west and south are zoned RM -44, rezoning the subject property to RM -44 would make it
consistent with this zoning pattern. The property is centrally located with good access to all City
services and facilities and has a variety of transportation options available to residents. The
medical office building that exists on the property has not been updated to current medical office
standards and is also at risk to flash flood events along Ralston Creek. Upzoning the property to
RM -44 will create an incentive for a developer to expend the money to demolish the existing
building and to invest in constructing a new building that is designed to meet current building and
floodplain regulations.
Properties on the blocks to the south and west of the subject block are mostly zoned Multi - Family
Stabilization (RNS -20), which is a zone that was created in the early 1980's in response to
concerns about historic single family homes being torn down and replaced with large apartment
buildings that were out -of -scale and character with the neighborhood. The new zone reduced the
allowable density to 1 unit per 1800 square feet, but granted conforming rights to existing higher
density properties. While this did alleviate some of the pressure to tear down older homes,
concerns remained. There has clearly been a concerted effort on the part of the neighborhood
and the City to work toward finding the right balance between student rentals and housing for
other household types - singles, couples, and families desiring to live in a central location near
employment and the shopping, restaurants, and other amenities offered in downtown Iowa City.
The Single Family Neighborhood Stabilization (RNS -12) Zone was created in the early 1990's as
another tool to balance the various housing needs and to preserve the historic single family
character of certain neighborhoods. Most of the blocks north and east of the subject 800 block of
Jefferson Street are zoned RNS -12. The RNS -12 Zone allows single family homes and duplexes,
but does not allow new multi - family dwellings. Existing multi - family buildings are granted
conforming rights according to the previous zoning designation of the property.
Comprehensive Plan: The Land Use Map in the Comprehensive Plan indicates that this block is
a transition between medium density residential (16 -24 units per acre) on the south side of the
block and lower density residential (8 -16 units per acre) on the north side of the block, including
the subject property. The Central District Plan was adopted in 2008 and contains a more detailed
plan map, which supersedes the more general map in the 1997 Comprehensive Plan. The plan
map in the Central District Plan mirrors the current zoning map, with the subject property
designated as office commercial surrounded by high density multi - family residential and the
neighborhood stabilization designations as described above.
A Comprehensive Plan amendment to change the office commercial designation in the Central
District Plan to high density multi - family residential will be necessary if the proposed rezoning is to
be approved. Staff recommends that the Planning and Zoning Commission set a public hearing to
amend the Comprehensive Plan and Central District Plan for the December 1 meeting. A copy of
the Central District Plan map for this portion of the central district is attached.
The Central District component of the Comprehensive Plan addresses the existing conditions,
goals and objectives for the subject area on pp. 13 -16 and pp. 20 -22 of the plan (which have been
copied and attached). In general the plan describes the current efforts to create a stable and
diverse neighborhood with a balance of housing options. Goal 1 on p. 20 states, "Promote the
4
Central District as an attractive place to live by encouraging reinvestment in the residential
property throughout the district and by supporting new housing opportunities." The applicant is
proposing to reinvest in the property at 821 Jefferson Street by taking down a 1960's era office
building that is obsolete and out -of- character with the older homes in the neighborhood and
replace it with a new multi - family building. The applicant has submitted an elevation drawing and
colored rendering of the proposed building. Any new multi - family building constructed in the
Central Planning District must comply with the multi - family site development standards and is
subject to design review. The building must reflect an architectural style that is compatible with the
historic character of the Central Planning District. New buildings should appear similar to a large
house or a small historic apartment building. In staff's opinion the elevation drawing and
architectural rendering indicate the applicant's intent to construct a building that pays homage to
historic architectural styles found in the neighborhood.
Goal 2 on p. 20 of the Central District Plan states, "Work to achieve a healthy balance of rental
and owner - occupied housing in the district's older neighborhoods to promote long -term
investment, affordable housing opportunities and preservation of historic homes and
neighborhoods." For further guidance, see also objectives f. and g. under this goal, which are
also relevant to this rezoning request. The City Council recently indicated concerns about the
RM -44 Zone and has asked City staff to examine the zoning standards for the RM -44 Zone and
suggest changes that will ensure that this zone is meeting the goal of creating quality living
environments for residents and supports overall housing goals and neighborhood stabilization
efforts. While staff has not had a chance to carefully review and make any definitive suggestions
for changes, it is staff's opinion that reducing or eliminating the allowance for apartments with 4-
and 5- bedrooms and perhaps establishing a maximum percentage of 3- bedroom apartments
would be one way to help prevent RM -44 apartment buildings from becoming nuisance properties.
Requiring a mix of efficiencies, 1, 2, and 3- bedroom units would also increase the marketability of
the units to a broader mix of residents.
The unit mix proposed by the applicant is:
• 12 — 3- bedroom units
• 2 — 2- bedroom units
• 1 —1- bedroom unit
Total: 15 units with 41 bedrooms
A total of 29 parking spaces will be required for this mix of apartments. The applicant has
submitted a draft site plan that shows the footprint of the building and the proposed parking
layout.
Conclusion: In staff's opinion, upzoning the property at 821 Jefferson Street will provide the
financial incentive necessary to encourage redevelopment and reinvestment in the property, which
currently contains an office building that is out of character with the older residential neighborhood
surrounding it. Careful design of the building and a good mix of apartment sizes may help to
alleviate concerns about de- stabilizing the surrounding neighborhood with dormitory-style
apartments that are difficult to manage over time. Staff finds that the proposed architectural
design of the exterior fagade is complementary to the historic character of the neighborhood.
While the apartment mix could be further improved by increasing the number of one and two
bedroom apartments, staff notes that there are no 4- and 5- bedroom units proposed, which in
staff's view is a positive aspect of the proposed building. Staff suggests that if the rezoning is
approved that it be subject to a conditional zoning agreement that requires the design to be
consistent with the submitted drawings and that the building contains an appropriate mix of
apartment sizes as reflected in the number of bedrooms and associated shared living space to
ensure a quality living environment as determined by the Commission and the City Council.
5
Because of the necessary Comprehensive Plan amendment, this rezoning will need to be
deferred to the December 1 meeting. Further details regarding any conditional zoning agreement
should be developed before the Commission's vote at that meeting.
STAFF RECOMMENDATION:
Staff recommends that REZ11- 00018, an application to rezone the property located at 821
Jefferson Street from Commercial Office (CO -1) to High Density Multi - Family Residential (RM-
44), be approved subject to a comprehensive plan amendment changing the plan map to show
the area as High Density Multi - Family Residential and a Conditional Zoning Agreement that
ensures that design of the building will be consistent with the submitted drawings and that it
contains an appropriate mix of apartment sizes as reflected in the number of bedrooms and
associated living spaces to ensure a quality living environment as determined by the Commission
and the Council.
ATTACHMENTS:
1. Location Map
2. Aerial photograph
3. Proposed site plan
4. Architectural drawings
Approved by:
Robert Miklo, Senior Planner
Department of Planning and Community Development
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City of Iowa City
MEMORANDUM
Date: November 23, 2011
To: Planning and Zoning Co ission
From: Karen Howard
RE: REZ11 -00018 — 821 E. Jefferson Street
At your last meeting, the Commission requested some additional information
regarding the neighborhood that surrounds the property at 821 E. Jefferson Street.
Specifically you requested information about the number of complaints for disorderly
house or other criminal activities in the area. Looking just at the criminal complaints
that have led to official citations for disorderly house, disorderly conduct, alcohol or
drug related charges from 2004 to 2011, there have been 36 incidents that have
occurred within the 700, 800, and 900 blocks of Jefferson Street and Iowa Avenue
and the adjacent block faces along Lucas and Governor Streets. In addition, the City
website has a map that documents the actual properties and addresses where there
have been citations issued in the period from August 1, 2011 up to the current date.
I've attached a snapshot of this map for the area in question. Keep in mind that not
all police calls result in citations, so it is quite likely that other incidents have
occurred that are not included on the map or in our database. These numbers also
do not included general nuisance complaints or citations for such things as garbage
and debris in the front yard, tall grass and weeds or snow and ice on sidewalks.
We are still in the process of mapping the number of rental units and bedroom mix in
the vicinity and should have more information for you at your meeting on Monday
evening.
City of Iowa City - Criminal Complaint Violation Map Page 1 of 2
4(4: Back to Site
Iowa Citv Criminal Complaints 2011
August 1, 2011 to July 31, 2012
z
Violation Address
CRI11 -00228
�
CRI11 -00227
417 S GILBERT ST
CRI11 -00220
221 IOWA AVE
CRI11 -00190
130 N LINN ST
CRI11 -00189
130 N LINN ST
CRI11 -00188
130 N LINN ST
CRI11 -00166
130 N LINN ST
CRI11 -00127
E Bloomington St
ut
307 COLLEGE ST
rnirgton Sr
500 S GILBERT ST
C E Bloomington St
313 S GILBERT ST
CRI11- 00080
366 S CLINTON ST
CRI11 -00079
333 S GILBERT ST
Disorderly House
O
05/0512011
Disorderly House
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04/19/2011
Disorderly House
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04/19/2011
Disorderly House
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04/19/2011
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T 1 -5 Days Old 1 Over 5 Days Old
CRIMINAL COMPLAINTS NOT SHOWN ON MAP
Case Number
Violation Address
CRI11 -00228
500 S GILBERT ST
CRI11 -00227
417 S GILBERT ST
CRI11 -00220
221 IOWA AVE
CRI11 -00190
130 N LINN ST
CRI11 -00189
130 N LINN ST
CRI11 -00188
130 N LINN ST
CRI11 -00166
130 N LINN ST
CRI11 -00127
500 S GILBERT ST
CRI11- 00101
307 COLLEGE ST
CRI11 -00100
500 S GILBERT ST
CRI11 -00085
313 S GILBERT ST
CRI11- 00080
366 S CLINTON ST
CRI11 -00079
333 S GILBERT ST
Violation Type
Status Date Recd
Disorderly House
O
10/31/2011
Disorderly House
O
10!31/2011
Controlled Substance O
10/3112011
Disorderly House
O
09/07/2011
Disorderly House
O
09/07/2011
Disorderly House
O
09/07/2011
Disorderly House
O
08131/2011
Disorderly House
O
0612712011
Disorderly House
O
05/0512011
Disorderly House
O
05/0512011
Disorderly House
O
04/19/2011
Disorderly House
O
04/19/2011
Disorderly House
O
04/19/2011
http: / /www.iowa- city.org/icgov/ apps /GEN /crimcomplaintmap.asp ?output =print 11/22/2011
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To:
The Iowa City Planning & Zoning Commission
Subject:
Prime Venture project at 821 Jefferson
To whom it may concern;
The concept of this project sounds like a positive addition . Prime Venture is going to
build an apartment house and rent it to young professionals.
But we are not going to live with the concept of this development, but the reality of it.
The vast majority of the units are 3 bedrooms which is better than the 4 or 5 bedroom
units often found in the RM 44 zone. But are young professionals going to be willing
to share a 3 bedroom apartment? In the Nov. 12`h article about the river front
development in the Press Citizen one of the objects officials stated they would like to see
is efficiency and one bedroom units that would be affordable for people working
downtown, nurses, policemen associate professors. Three bedroom apartments were
never mentioned. In a large city people might be more willing to share an apartment
because of expense, but in Iowa City this is the exception The first choice is to live
alone. Would families with children consider this a living choice? Who is most likely to
rent these 3 bedroom apartments?
Although parking sounds like a broken record, it is always brought up because it is a
problem that still hasn't been dealt with successfully in this area. When this area was
originally developed, the lots were designed for single family houses. The attempt 1P
retro fit these lots with larger denser buildings always brings on parking problems.
Although the developer is providing 29 parking spaces there are 41 bedrooms. Although
conceptually this may not be a problem, in reality where are the other 12 cars going to go.
Even with just 29 parking spaces, the lot is basicly going to be all building and lot. The
only green space are the required set backs on the sides and front. Are developments
where the majority of the site is covered by the building and parking a positive addition
to a neighborhood? Are they in keeping with neighborhood character?
The doctor's office has had a bey affect on the neighborhood. The office was open 8-
5 Mon. —Fri. Weekends and evenings it was closed It was active during the time most
people were at work. During the evening and weekends there was no activity. One of
the arguments for the Linn Bloomington project was the need for mor commercial space.
Here we have that very thing.
We realize that this property is going to be redeveloped. Our hope is that the
development will be a positive addition to our neighborhood. We don't feel this is the
best fit.
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11
To:
The Iowa City Planning & Zoning Commission
Subject:
REZ11 -00018 & Comprehensive Plan Amendment 821 Jefferson Street
To whom it may concern,
My name is Dr. Carl J. Christel. I rent the apartment in 1002 Y2 E Jefferson St. since
August 2011. It has come to my attention that there is a plan to rezone 821 E. Jefferson
Street from Commercial Office (CO -1) to High Density Multi - Family Residential (RM -44).
In the wake of this issue I want to make a personal statement against this endeavor.
Earlier this year I moved into 1002 Y2 E Jefferson St, a single apartment. I work as a
Post - Doctoral Scholar for the Dept. for Molecular Physiology and Biophysics of the
UIOWA. One major reason for my move was that this area is close enough to downtown
and my laboratory for me to be independent of motorization throughout the year. Just as
important to me is the fact that this area is low in Multi- Family Residential Complexes
which often are rented not to families but instead rented to members of the ever so
large undergrad student body. In choosing my new area to live I specifically looked for
an area like 1002 E. Jefferson where there are few student residents. As a young
researcher in a high stress work environment I am dependent on living in an area with a
low student density since I cannot be troubled with the constant noise levels weekdays
as well as weekends that coincide with a high student density.
Therefor I want to make this a point against rezoning 821 Jefferson Street to a RM -44. It
would be sad to see this area becoming another student - overrun area comparable to
the streets South of Burlington St. It would force me (and I am convinced other young
professionals) to move further away from the center of town resulting in more
motorization of the City center and a less diverse profile of the entire area.
Sin e y
Carl J. Christel, Dr. rer. nat.
1002 Y2 E. Jefferson St.
Iowa City, 52245, IA
To:
The Iowa City Planning & Zoning Commission
Subject:
Prime Venture project at 821 Jefferson
We are very much concerned with the impact this building could have on our
neighborhood. As landlords we attempt t� affordable housing to older more long term
residents. Long term renters want a safe, stable, quiet neighborhood. The same things
owner occupied houses want. They too are concerned about parking. We have attempted
to fill an important need in this area. We do not want to see this compromised.
AV
C9 � / F' M 6,t We t
ioiz �.��n
To:
The Iowa City Planning & Zoning Commission
Subject:
Rez11 -00018 Comprehensive Plan Amendment 821 Jefferson
To whom it may concern;
We are asking that the comprehensive plan not be changed from office commercial to
high density multi - family residential.
Although this zone maybe in keeping with the property just to the east and west of this
property if the whole area is taken into consideration we believe this zone is not
compatible with the zoning around it.
These properties were all zoned in the 60s when the city felt upzoning was the answer to
the central district. Over the years the RM44 zone has had detrimental effects on all the
surrounding area where it was implemented. We would call attention to Johnson, Van
Buren, and Bowery Streets. We would also call attention to the Purpose 14 -1A -3 of the
Introductory Provisions of the zoning code. We do not believe this rezoning is in keeping
with the goals of that section of the code.
It is now 50 years since that zone was created and we are still dealing with the effects of
it. In fact the city council has asked the city staff to examine this zone and possibly do
away with it.
If in 50 years this zone has not been a positive addition to the neighborhoods in which it
has been introduced there is no reason to believe it would work this time.
This is our neighborhood and we .want it to continue to be a welcoming, safe, vibrant
place that attracts long term residents. Without long term residents who are committed to
their homes and the neighborhood there is no neighborhood.
Please help us in our efforts to maintain our neighborhood.
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Lour n e e C5
Marian Karr
From: Marian Karr
Sent: Monday, January 09, 2012 6:19 PM
To: 'zephyrus @aol.com'
Cc: Council
Subject: RE: 821 E Jefferson St rezoning. Jeff Jones
Thank you for your email and letter. The January 10th agenda sets the public hearing for January 24. Your email (letter)
will be provided in the materials going to Council for the public hearing on the 24tH
Marian Karr
City Clerk
From: zephyrus @aol.com [mailto:zephyrus @aol.com]
Sent: Monday, January 09, 2012 3:25 PM
To: Council
Subject: 821 E Jefferson St rezoning. Jeff Jones
Greetings.
I am the owner of the property which is coming up before the council for rezoning. There is a motion to place it on the
agenda for 1/10, and the formal meeting is 1/24. The zoning board number is REZ11- 00018. 1 have attached a letter to
this email about this. I'd like to discuss it with the council before the meeting on the 24th, if possible. I will also email each
member if possible. Thank you for your consideration.
Jeff Jones
740 Elliott Court
Iowa City, IA 52246
319- 541 -3592
ZephyrusC�aol.com
I am the owner of the property at 821 E Jefferson which is on the rezoning agenda for
1/24/12. It is presently zoned CO -1 for commercial office. The structure on the site was
originally built in 1968 as a medical office with an addition in 1999. There is no interest
for a commercial office there. No new physician/dentist /other health professionals are
going to purchase the building. The structure is in the 500 year flood plain. Part of the
lot is in the 100 year flood plain. According to city code, structures now must be built
above the 500 year flood plain, so any major changes to the building would require
raising the structure by several feet. This change has essentially made the building
unsalable. This also makes using the lot for other uses difficult as will be pointed out
below.
The structure is surrounded on the west /east and south by RM -44 zoning in the same
block. There is half an RM 44 block 3 blocks west on the Central District Plan Map.
The next nearest is south of Burlington St. The two blocks directly west are RNS 20, as
is half of the block east and the blocks south past Burlington St.
There are economic factors here. The property is mortgaged. Even with this offer, I owe
more on the property than the offer. The worth of the land to any developer is
contingent on how many units (houses /condos /apartments) can be built on a given piece
of property. Any buyer is going to want to have a development that is rentable /salable.
The present zoning CO -1 would allow a first floor commercial venue and 21 apartments
above (3 bedroom units). This would be problematic due to the flood plain issue. The
structure would need to be higher than the present office. This would cause
ingress /egress issues. The first floor would need to be parking, then commercial and
apartments above. I can't see any commercial business wanting this type of layout, plus
there is no interest for commercial /office space here. It is too far away to be considered
"downtown ".
RM -44 would allow for 5 BR units and would allow 100 bedrooms on the property
according to the P &Z minutes, but this cannot be done due to parking limits.
RNS 20 would allow 4 bedroom units, 44 bedrooms would be allowed on the property.
RNS 12 allows 3 bedroom units, but only in duplexes or single family homes. With the
flood plain issues, again this would involve lower level parking and stairs up into the
condo/home. I doubt duplexes /single family dwellings would sell on this parcel.
The proposed development has 41 bedrooms. By RNS 20 it would be allowed, but with 4
bedroom units. It has the spirit of the RNS 12 with 3 BR maximum units.
Parking and traffic were concerns brought up at the P &Z meeting. I suspect this will still
be a problem no matter what goes here. One of the main problems is the sorority south
of us has no parking. I doubt this project will have more traffic than the office or another
commercial project would. We easily had over one hundred vehicles in and out in a day.
The block is bordered by two arterial streets, I don't think it will add to the traffic by a
great deal, again probably less than we had before.
Most of the houses around this are already rentals. I don't see how adding apartments in
an area of mostly rentals is changing the "neighborhood ". We're not tearing down single
family houses to put up an apartment building here, just an outdated office building. It is
not in an historic nor conservation district.
The city Planning and Zoning department, people who are trained in urban planning,
approved this development plan.
The speakers at the P &Z meeting all seemed to complain about the student renters. Just
where are the students supposed to live? The University is the main reason the city exists
as it does They have to live somewhere, and the student enrollment keeps going up.
This is a GOOD thing. I don't think the nearby residents would like a dormitory being
built here either, and dorms don't pay property taxes. Speaking of which, the city will
have much higher tax revenues form this project than the office and /or a smaller project.
The city often talks about "affordable housing ", in order to achieve that 1 suspect you
need a higher density of development.
The property has been on the market for more than a year. There have been only three
interested parties, all contingent on gaining an RM 44 zoning. Again, no one is interested
in it as a commercial property nor office. The first two parties plans were rejected out of
hand by Planning and Zoning. Only when Mr. Watts went to the City Manager were they
willing to listen to plans to change the zoning to RM 44. Mr. Watts is on his fourth set of
plans to get it this far. If this fails, who else do you think is going to want to purchase
this property?
While waiting for buyers and approval over the past year, I continue to pay rent, property
taxes, etc. I have already spent over $100,000 on this. I have no other properties to apply
this to as a "write off'. It's simply money wasted. Again, even this offer is less than
what I owe on the property, but I'm running out of time and money here.
To summarize, the developer wants to build a 41 bedroom apartment building here, an
apartment building in an area of mostly rental homes and apartments. The zoning
directly around it is already RM -44. Most of the surrounding to the south/east /west is
RNS 20 which would allow this many bedrooms. He's following the "spirit" of RNS 12
to the north with only 3 bedrooms per unit. It looks like a very nice structure from the
elevation drawings. Parking /traffic should be no more of a problem than it was for the
office building. The city will make more in property taxes and I will not have to declare
bankruptcy. What's not to like?
Thank you for your time and consideration
Jeff Jones
740 Elliott Court
Iowa City, IA 52246
319 -541 -3592
Zephyrus @aol.com
V
1-1
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52245 ,f,319)CM6 -5030
RESOLUTION NO.
i
RESOLUTION AUTHORIZING CONVEYANCE OF A $TINGLE FAMILY HOME
LOCATED AT 17 DOUGLASS COURT. /
WHEREAS, the Univer 'ty Neighborhood Partnership Pro ram is a joint effort between the
University of Iowa and th City to encourage home owner ip and reinvestment in designated
neighborhoods surrounding he University of Iowa; and
WHEREAS, the City has rece ed a $1.25 million I -Job grant to assist in the acquisition and
rehabilitation of twenty -six sing family homes to pr ide affordable housing in designated
neighborhoods surrounding the U 'versity of Iowa; and
WHEREAS, Resolution 09 -384 au ori zed the C' y to acquire and rehabilitate properties
consistent with the grant agreemen for I -Job funds for the UniverCity Neighborhood
Partnership Program; and
WHEREAS, the City purchased and rehabi ate a single family home located at 317 Douglass
Court, Iowa City; and
WHEREAS, the City has received an offer to Nrchase 317 Douglass Court for the principal
sum of $88,000 (the amount the City paid tA acqui a the home); and
WHEREAS, this sale would provide a7rdable hou ng in a designated area surrounding the
University of Iowa; and / \
WHEREAS, on January 10, 2012, t e City Council adopXed a Resolution proposing to convey
its interest in 317 Douglass Court, uthorizing public noti of the proposed conveyance, and
setting the date and time for the p46lic hearing; and
WHEREAS, following the public/hearing on the proposed conveyance, the City Council finds
that the conveyance is in the p lic interest. \
NOW, THEREFOR/BEIT ESOLVED BY THE CITY COUNC OF THE CIT Y OF IOWA
CITY, IOWA, that:
1. Upon the die City Attorney, the Mayor and the Cit Clerk are authorized to
execute a wd conveying the City's interest in 317 ouglass Court, legally
described as 45, Wise Addition, Iowa City, Iowa.
2. The City Attorney is hereby authorized to deliver said warranty deed pnd to carry out any
actions necessary to consummate the conveyance required by law.
Resolution No.
Page 2
It was moved by
adopted, and up(
0
roll call there were:
Passed and approved this
Approved by
City Attorney's Office
Ikq
and seconded by the Resolution be
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
day of\ f 2012.
MAYO
ATTEST:
CITY 6LERK
—L
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 12 -37
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 317 DOUGLASS COURT.
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 -six 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 317 Douglass
Court, Iowa City; and
WHEREAS, the City has received an offer to purchase 317 Douglass Court for the principal
sum of $88,000 (the amount the City paid to acquire the home), plus the "carrying costs" of
approximately $2,300, which are all costs incurred by the City to acquire the home, maintain it
and sell it, including abstracting and recording fees, interest on the loan to purchase the home,
mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to
repair and rehabilitate the home; and
WHEREAS, this sale would provide affordable housing in a designated area surrounding the
University of Iowa; and
WHEREAS, on January 10, 2012, the City Council adopted a Resolution proposing to convey
its interest in 317 Douglass Court, 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 317 Douglass Court, legally
described as part of Lot 45, Wise Addition, Iowa City, Iowa.
Resolution No. 12 -37
Page 2
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.
It was moved by Mims and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
X
x—
x
x
X
X
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Passed and approved this 24th day of January , 2012.
A:!q` n
MAYOR
ATTEST: L�tit�
CITY CLERK
Approved by
City Attorney's Office
Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5436
RESOLUTION NO. 12 -38
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
WASTEWATER TREATMENT FACILITIES CONSOLIDATION 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;
and
WHEREAS, funds for this project are available in the South Wastewater Plant Expansion account
#3135.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 2:30 p.m. on the 20th day of March,
2012. 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 meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at
7:00 p.m. on the 3rd day of April, 2012, or at the next meeting of the City Council thereafter
as posted by the City Clerk.
Passed and approved this 24th day of January _,20 12
MAYOR
Approved by
ATTEST: J 0A 0
CITY ERK City Attorney's Office
Pweng /res /wwtrmtfacil- consolid appp &s.doc 1112
Resolution No. 12 -38
Page 2
It was moved by Mims and seconded by ni rkanG the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
X Mims
x Payne
_ x Throgmorton
/A,� I
' tt13
Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410
RESOLUTION NO. 2 -39
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION 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;
and
WHEREAS, funds for this project are available in the Traffic Signal Projects account # 3814.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The plans, specifications, form of contract and estimate of cost for the above -named
project are hereby approved.
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 2:30 p.m. on the 16' h day of
February, 2012. 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 regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa
City, Iowa, at 7:00 p.m. on the 21St day of February, 2012, or at a special meeting called
for that purpose.
Passed and approved this 94r1, day of In , 20 19
��
MAYOR
Approved by
ATTEST: CL2c�s�
CITY ttERK City Attorney's Office
Pweng/ res /hwy218melrosesignal- appp&s.doc 1/12
Resolution No. 12 -39
Page 2
It was moved by Dobyns and seconded by
Resolution be adopted, and upon roll call there were:
Dickens the
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145
RESOLUTION NO. 12 -40
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH MARKET
SQUARE PARK PAVILION PROJECT, ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY PLACE CITY CLERK TO
PUBLISH
NOTICE TO BIDERS , AND FIXING TIME AND 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 2:30 PM on the 15th day of
February, 2011. At that time, the bids will be opened by the City Engineer or his
designee, and thereupon refered 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 21St day of February, 2011, or at a later date
and /or time as determined by the Director of Public Works or designee.
Passed and approved this 24th day of January , 2012.
Mayor
Approved by:
ATTEST: A a'`-" - -ud
City-Clerk City Attorney's Office t 1111 tZ
Resolution No. 12 -40
Page 2
It was moved by Payne
and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
-x - Dickens
— x Dobyns
x Hayek
— x Mims
x Payne
x
x Throgmorton
1�
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5030
RESOLUTION NO. 12 -41
RESOLUTION SETTING POLICIES IMPLEMENTING IOWA CITY CODE 4 -5-
8, INCLUDING ALLOWABLE PAULA RATIO, PAULA RATIO DEFINITIONS,
CRITERIA FOR AUDITING ESTABLISHMENTS, AND INITIAL DEPOSIT
AMOUNT FOR AUDITS.
WHEREAS, Council has approved amendments to Iowa City Code 4 -5 -8; and
WHEREAS, the amended ordinance calls for several standards to be adopted by
Resolution; and
WHEREAS, these standards will supersede a prior resolution setting a maximum PAULA
ratio for entertainment venues; and
WHEREAS, it is in the best interest of the City of Iowa City to approve the following
Standards.
J�IS-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Resolution 10 -464 is hereby rescinded.
2. The attached "IOWA CITY CODE 4 -5 -8 IMPLEMENTING STANDARDS" is
hereby approved.
Passed and approved this 24th day of janunr)z 92012.
Attest: A&u4,
CIT ERK
MAYOR
Approved by
---- // X �,
City Attorney's Office
Resolution No. 12 -41
Page 2
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
x
x_
x
x
x
x
x
NAYS:
ickens the
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
IOWA CITY CODE 4 -5 -8 IMPLEMENTING STANDARDS
PAULA Ratio. Pursuant to Iowa City Code 4- 5- 8(B)(3)(a), the PAULA ratio will be calculated
by dividing the total number of PAULA citations issued by both the Iowa City Police
Department (ICPD) and the University of Iowa Department of Public Safety (UIPD) to patrons
of the establishment by the number of bar checks performed by both ICPD and UIPD at that
establishment. For purposes of these standards, a bar check is identified as an officer - initiated
check of a liquor establishment for PAULA or other alcohol related violations. This includes
checks done as part of directed checks of designated liquor establishments, and checks initiated
by officers as part of their routine duties. In the course of a bar check, officers shall initiate and
call out the activity to dispatch, walk through the interior of the establishment with the specific
purpose of looking for alcohol violations, and issue citations for any alcohol offenses they
observe. If officers remove patrons from the establishment for issuance of a citation, re -entry
into the establishment to continue the bar check shall be considered part of the same bar check.
A Bar Check DOES NOT include responding to a bar for calls for service such as a fight, ID
disputes, or other calls initiated by the establishment or other outside parties. Any officer's
presence not related to PAULA enforcement, such as talking with door staff or getting a drink of
water, shall not constitute a bar check.
The PAULA ratio allowed by Iowa City Code 4- 5- 8(B)(3)(a), 4- 5- 8(B)(3)(g)(2), 4- 5- 8(B)(6)(c),
4- 5- 8(B)(7)(a)(5), 4- 5- 8(B)(7)(d)(2), and all other paragraphs referring to these paragraphs, shall
be .25, based on at least ten (10) or more bar checks.
Audits. Pursuant to Iowa City Code 4- 5- 8(B)(3)(b), the following factors shall be considered in
determining whether to require an audit:
1. The percentage of non - alcohol sales reported by the establishment.
2. Whether the establishment has previously qualified for an exception certificate.
3. The PAULA ratio of the establishment.
4. Whether the establishment appears to be operating as a bar.
5. Whether cover charges or other payments are required for entry.
6. The prior history of the applicant.
7. Any other information suggesting the primary business of the establishment is the sale of
alcohol.
The Chief of Police retains the ultimate authority to determine whether an audit shall be
performed. If an audit is required the deposit amount to be paid by the establishment to the City
shall be $2,500.
Revised 1/24/2012
15
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5030
RESOLUTION NO.
RESOLUTION SETTING POLICIES IMPLEMENTING IOWA CITY CODE 4 -5-
8, INCLUDING A LOWABLE PAULA RATIO, PAULA RATIO PEFINITIONS,
CRITERIA FOR ITING ESTABLISHMENTS, AND INITI DEPOSIT
AMOUNT FOR AU TS.
WHEREAS, Council has app oved amendments to Iowa City C e 4 -5 -8; and
WHEREAS, the amended ordin ce calls for several standar s to be adopted by
Resolution.
NOW, THEREFORE, BE IT RESOL D BY THE C CIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The attached "IOWA CITY CO 4- -8 IMPLEMENTING STANDARDS" is
hereby approved.
Passed and approved this day1 f
Attest:
CITY CLERK
It was moved by
be adopted, and upon i
FNIVA
MAYOR
City
and seconded by
call there were:
NAYS:
2012.
by
11111-r cz,04
s Office
the Resolution
ABSENT:
Hayek
Mims
Payne
Throgmorton
Attacl
1.
. 5 M ®,. r
CITY OF IOWA CITY 76
MEMORANDUM
DATE: January 17, 2012
TO: Tom Markus, City Manager
FROM: Rick Fosse, Public Works Director
re: Iowa City Landfill Annual Air and Groundwater Monitoring Services
January 24
Introduction:
The City of Iowa City owns and operates the Iowa City Landfill and Recycling Center.
The facility has a gas collection system and is surrounded by groundwater monitoring
wells. Each year both systems are monitored and analyzed for quality control and the
results are submitted to the Iowa DNR for review.
History /Background:
Professional engineering services are required to monitor, analyze, prepare and submit
the necessary regulatory reports for the landfill gas collection system and groundwater
monitoring systems. Staff has made the decision to outsource this work since 1992
because there are specialized technical skills and software necessary.
Discussion of Solution:
An agreement has been negotiated with HR Green Company to provide these services
for 2012.
Financial Impact:
The total cost of engineering services is $131,900. Funding will be provided by landfill
revenues.
Recommendation:
Staff recommends approval of the engineering services contract with HR Green
Company at the January 24th City Council Meeting.
cc: Ron Knoche, City Engineer
Daniel Scott, Project Engineer
r
^Y�® CITY OF IOWA CITY
MEMORANDUM
DATE: January 17, 2012
TO: Rick Fosse, Public Works Director
FROM: Daniel Scott, Sr. Civil EngineerDQ5;
re: Iowa City Landfill Annual Air and Groundwater Monitoring Services
January 24
The Landfill and Recycling Center has a gas collection system and groundwater
monitoring system in accordance with state and federal regulations for protection of the
air and ground water. Professional engineering services are required to monitor,
analyze, prepare and submit the necessary regulatory reports for the landfill gas
collection system and groundwater monitoring systems.
It is best to use a consultant for this analysis and report submittal because there are
specialized technical skills and computer software necessary.
The ongoing investigation and site assessment work is being done by HR Green. The
site assessment work is specifically related to the groundwater movement in the
northeast corner of the site, where an additional 17 acres was acquired. It is necessary
to complete this investigation and submittal to Iowa DNR related to this regulatory issue
before we potentially change consultants. The annual monitoring and this investigation
work mesh together so it would be better to have them both done by the same
consultant. This investigation work will be completed this year.
After 2012 it would make more sense to safely seek competitive proposals for the 2013
annual services. We have purposefully only contracted for 1 year in 2012 for this
reason. In the past these annual services contracts have been contracted in three year
contracts.
In addition, it is not an easy task to switch to a new consultant because of the amount of
data transfer necessary. The data consists of all the monitoring well samples for each
well for each year that has been statistically compared to upstream and downstream
wells. A new consultant must recreate this background information before beginning
work on any future work. The last switch, which occurred in 1995, took several months
to make the transfer and recreation of data and cost several thousand dollars.
An agreement has been negotiated with HR Green Company to provide these services
for 2012. The original proposal was for $141,600 but that was negotiated lower by Staff
to $131,900.
For these reasons, Staff recommends approval of the engineering services contract with
HR Green Company at the January 24th City Council Meeting.
cc: Ron Knoche, City Engineer
Daniel Scott, Project Engineer
Prepared by: Dan Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA (319)356 -5144
RESOLUTION NO. 12 -42
RESOLUTION APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR LANDFILL GAS, AIR AND WATER QUALITY
MONITORING AT THE IOWA CITY SANITARY LANDFILL.
WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and
WHEREAS, professional engineering services are required to operate and monitor the landfill gas collection
system and prepare necessary quarterly, semi - annual, and annual air quality reports in accordance with the
state and federal regulations; and
WHEREAS, professional engineering services are required to operate and monitor the groundwater and
surface water and prepare necessary quarterly, semi - annual, and annual water quality reports in
accordance with state and federal regulations; and
WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by
Howard R. Green Company of Cedar Rapids, Iowa; and
WHEREAS, funds for this project are available in the Landfill Operating Account #7500; and
WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the
City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green Company Consulting Engineers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company for the
Provision of Engineering Services, attached hereto and made a part hereof, is in the public interest,
and hereby approved as to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement for and on
behalf of the City of Iowa City, Iowa.
Passed and approved this 24th day of January 20 12
MAYOR 4—
Approved by
ATTEST: i 9 `l a i�(to��44
CITYtEERk City Attorney's Office 1104-
pwengkesU andfi Ilgas- air - wtr.doc
Resolution No.
Page 2
12 -42
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
Dickens the
AYES: NAYS: ASSENT:
X_ Champion
X Dickens
x_ Dobyns
x Hayek
x Mims
X Payne
x Throgmorton
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 24th day of January, 2012 ,
_by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY
and HR Green. Inc., of Cedar Rapids. Iowa , hereinafter referred to as the CONSULTANT.
WHEREAS, the City of Iowa City desires to secure the services of an engineering consulting firm to
provide assistance in the completion of annual environmental services at the Iowa City Landfill and
Recycling Center, in order to remain in compliance with the requirements of the Iowa Department of
Natural Resources (IDNR) Sanitary Disposal Project Permit and Title V Air Emissions Permits.
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.
1. SCOPE OF SERVICES
The CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely
and satisfactory manner.
TITLE V COMPLIANCE
Calendar Year 2012
The CONSULTANT will perform the following services.
Title V Annual Compliance Certification Report
By March 31, compliance certifications will be prepared for submittal of data collected for
the previous calendar year. The certifications will include descriptions of means to monitor
the compliance status of all emissions sources including emissions limitations, standards,
and work practices in accordance with applicable requirements. The certification of sources
will include the identification of each term or condition of the permit that is the basis of the
certification; the compliance status; whether compliance was continuous or intermittent; the
method(s) used for determining the compliance status of the source, currently and over the
reporting period, consistent with applicable department rules.
For sources determined not to be in compliance at the time of certification, a compliance
schedule will be prepared which provides for periodic progress reports, dates for achieving
activities, milestones, and an explanation of why any dates were missed and preventive or
corrective measures. The compliance certification will be submitted to the administrator,
director, and the appropriate DNR Field office. This task is in accordance with the
requirements of 567 IAC 22.108 (15) "e ".
2. Title V Annual Emissions Inventory Report
The following forms will be prepared for
emissions for the previous calendar year.
submittal by March 31, documenting actual
a. Form 1.0 "Facility Identification ";
b. Form 4.0 "Emissions unit - actual operations and emissions" for each emission unit;
c. Form 5.0 "Title V annual emissions summary/fee "; and
d. Part 3 "Application certification."
\ \HRGCRNAS\ DATA \10100043.11 \DESIGN \CONTRACT12012 ANN SERV\AGT- 122011- IC_ANN SERV12_DT.DOC Page 1 of 9
3. Title V Annual Fee Payment Report
The permittee (the City) is required under subrule [567] IAC 22.106 to pay an annual fee
based on the total tons of actual emissions of each regulated air pollutant. The fee must be
submitted annually by July 1St. Upon receipt of the schedule of fees from IDNR for the
Annual Emission Fee payment, the necessary supporting forms will be prepared for
submittal with the annual fee provided by the City of Iowa City. The associated fee payment
is not included in the fees for engineering services identified in this Agreement. The CITY
shall submit the fee with the following forms prepared by the CONSULTANT:
a. Form 1.0 "Facility Identification';
b. Form 5.0 "Title V annual emissions summary/fee ";
c. Part 3 "Application certification."
4. Title V Semi - annual Monitoring Report
By March 31 and September 30, reports will be prepared addressing the monitoring
required under this permit for the six month periods of July 1 to December 31 and January 1
to June 30, respectively. Instances of deviations from permit requirements will be identified
in these reports. The reports must be signed by a responsible official, consistent with [567]
IAC 22.107(4) and submitted to the director and the appropriate IDNR Field office,
consistent with [567] IAC 22.108 (5).
This compliance reporting is in direct response to the requirements of the Iowa City landfill
Title V Air Emissions Operating Permit, and is therefore separate from the monitoring and
reporting required by the IDNR- issued construction permit for the landfill gas collection and
control system, from the semi - annual Landfill Gas System Operations Reports required by
40 CFR 60.757 (f) (1) through (6) and 40 CFR 63.1980, and the periodic and immediate
Startup, Shutdown and Malfunction (SSM) reporting that may be required by 40 CFR 63.10
(d) (5) (i) and (d) (5) (ii), respectively.
5. Title V Operating Permit and Construction Permit Updates
The Title V Operating Permit (00- TV- 007R1) was originally issued in 2000 and is renewable
every five years. The most recent renewal application was submitted to the Air Quality
Bureau of the IDNR in 2010. Since the time of the submittal, CONSULTANT has discussed
the pending renewal with IDNR staff and verified other applicable air quality permit
requirements related to the recent landfill expansion. As this process continues in 2012, the
IDNR may have additional questions and require clarification, or additional data. This
agreement includes a limited budget in calendar year 2012 to address IDNR
correspondence as part of this review process.
The current landfill development plans (including cell FY09 and future cells) provides for a
substantial increase in operational volume. Since the operational volume has increased,
the landfill's design capacity and corresponding potential -to -emit (PTE) has also increased.
This increase in PTE is considered a modification per the air quality rules and requires that
the landfill's Air Quality Construction Permit (00- Al2 -S1), originally issued in 2000, be
amended. This permit amendment is separate from the Operating Permit renewal. Unlike
the Operating Permit, the Construction Permits do not require periodic renewal but do
require amending when there is a physical or operational change that increases the PTE.
The IDNR further indicated that the current Construction Permit that combines the ground
flare and the landfill must be separated so that each of these emission units has its own air
construction permit. Note that this is a departure from the way this construction permit was
\ \HRGCRNAS\ DATA \10100043.11 TES IGN \CONTRACT\2012 ANN SERV\AGT- 122011- IC_ANN SERV12_DT.DOC Page 2 of 9
originally issued. The IDNR originally considered that all landfill gases were collected and
sent to the flare. They have since required that a separate construction permit be obtained
to account for gases not collected.
As required, air construction permitting is to proceed after all other necessary permits (i.e.
Sanitary Disposal Project Permit) are obtained. Now that cell FY09 is permitted to accept
waste, the air permitting tasks to increase design capacity should proceed. Upon
completion of the Construction Permits, the relevant information for the Operating Permit will
be prepared and forwarded as an addendum to the permit renewal application that is
currently pending IDNR review.
In summary, the primary work tasks for this item include the following:
a. Calculate the increased PTE as a result of the Phase 3 expansion (FY09 and future
cells).
b. Prepare Air Quality Construction Permit modification for the flare (00 -A- 012 -S1);
c. Prepare Air Quality Construction Permit application for the landfill (to account for
uncollected gases);
d. Prepare addendum to the Operating Permit renewal application (00- TV- 007R1) to
incorporate the construction permit revisions;
e. Provide ongoing correspondence with IDNR staff during permit review.
Based on our discussions with IDNR staff, their review of the pending Operating Permit
renewal application will be held to allow time for the preparation and submittal of the air
quality construction permits and related documents described above. This is preferred so
that the renewed Title V Operating Permit will reflect all the pertinent information when
issued and a future amendment is avoided. These documents will be submitted to the
IDNR Air Quality Bureau on or before February 29, 2012.
SEMI - ANNUAL LFG SYSTEM OPERATING REPORTS
Calendar Year 2012
The CONSULTANT will perform the following services.
Title 40 Code of Federal Regulations (CFR) Parts 60.757 (f) (1) through (6) and 63.1980 require
the submittal of semi - annual operations reports to the Air Quality Bureau of IDNR. These
reports are to be submitted for the previous six -month operating periods of July 1St through
December 31St and January 1St through June 30th, respectively. The CONSULTANT will
prepare and submit the semi - annual monitoring reports in 2012 illustrating:
A summary of gas collection well head monitoring results and the value and length of
time of all exceedences of the parameters applicable to gas collection well head
monitoring.
A record of monthly operation verification of the flare temperature sensing device and
confirmation of the primary flow meter, along with a summary of daily flow meter
readings. The CITY will maintain records of daily flow meter readings for use by the
CONSULTANT for reporting purposes.
A description and duration of all periods when the gas stream is directed from the
control device through a bypass line, if applicable.
MRGCRNAS\ DATA\ 10100043.11 \DES IGN\CONTRACT12012 ANN SERV\AGT- 122011- IC_ANN SERV12_DT.DOC Page 3 of 9
• A description and duration of all periods when the control device was not operating for a
period exceeding one (1) hour, and the actual length of time the device was not
operating.
• A listing of all periods of time when the gas collection system was not operating in
excess of 5 days.
• A listing of all surface locations at which there were exceedences of the 500 ppm limit
where re- monitoring (second and /or third monitoring) was conducted, and the
concentration value obtained from each monitoring and re- monitoring effort.
• The location of each surface point at which the methane concentration measurement
exceeded 500 ppm, including the concentration of methane at each location for which
an exceedence was recorded in the previous month.
• A description of the specific corrective action taken in an effort to eliminate any gas
collection well head measurement exceedences.
• A description of the corrective action taken in an effort to eliminate any surface
monitoring point measurement exceedences.
• The date and description of any damages sustained and repairs made to the gas
collection and control system, or of any system components that are replaced.
• The date of installation and the location of each gas collection well or collection system
expansion added, including installation, relocation or addition of trench wells.
If required, the CITY will prepare periodic and immediate startup, shutdown, and malfunction
(SSM) reports as these events occur with the gas collection and air pollution control systems.
CONSULTANT will provide guidance and if requested, review the CITY - prepared report to
evaluate general compliance with 40CFR63.10.d.(5)i and other applicable regulations.
ENVIRONMENTAL MONITORING PLAN IMPLEMENTATION
Calendar Year 2012 (Reporting of 2011 Data)
CONSULTANT will assist the CITY in the implementation of the annual routine Environmental
Monitoring Plan requirements under rule [567] 113.9 and 113.10. This work will be performed in
calendar year 2012. Report preparation will be based on environmental monitoring data
collected primarily in 2011. CONSULTANT's work will include the following subtasks:
Sampling — Routine HMSP Assistance
CONSULTANT will provide support to the CITY in their sampling of the HMSP- approved
uppermost aquifer monitoring points (A- and B- series wells only), underdrains, and surface
points. Assistance includes: advise CITY of the required sampling schedule, provide a
current well location map and well /constituent sampling matrix for each scheduled sampling
event, submit each event's analytical data to IDNR, review of the analytical data, and advise
on well maintenance activities as recommended in the previous year's AWQR.
2. Statistical Analysis
CONSULTANT will continue the statistical methodology by performing the data compilation
and formatting of analytical data for each sampling event, the database update, and the
statistical analysis developed forthe HMSP- approved uppermost aquifer monitoring points,
underdrains, and surface points.
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Analysis of data collected from points other than the HMSP- approved uppermost aquifer
points, underdrains, and surface points includes comparison of the analytical results to the
groundwater protection standards as applicable, and the graphical evaluation for trends
where enough data points are available.
3. 2011 Annual Water Quality Report (AWQR)
CONSULTANT will prepare and submit the Annual Water Quality Report (AWQR) in
accordance with Chapter 113.10(10) and the schedule established by the IDNR in the
Sanitary Disposal Project Permit, or as otherwise proposed to IDNR. The AWQR will
summarize the previous year's activities and documentation associated with the
Environmental Monitoring Plan requirements under Chapter 113.10. This includes; 1) a
description of the general monitoring requirements, 2) a review of the objectives, phasing,
well construction, hydrologic monitoring system plan (HMSP), and well maintenance and
performance reevaluation plan in relation to the groundwater and surface water monitoring
systems, 3) a review of the groundwater sampling and analysis requirements, procedures,
and statistical methods, and 4) narrative and figures interpreting the results of the statistical
analysis performed on the detection and assessment monitoring data.
The Annual Water Quality Report will summarize the activities that were performed in
association with assessments, selection of remedies, implementation of corrective action,
and the results of corrective action remedies to address SSTs, if any, during the previous
year. The actual planning and performance of the activities under 113.10(6)g relating to site
characterization, 113.10(7) assessment of corrective measures, 113.10(8 -9) selection of
remedies and implementation of corrective action are covered under a separate Agreement.
LEACHATE CONTROL SYSTEM PERFORMANCE EVALUATION REPORT (LCSPER)
Calendar Year 2012 (Reporting of 2011 Data)
CONSULTANT will prepare a Leachate Control System Performance Evaluation Report (LCSPER)
for data collected in calendar year 2011 that summarizes activities related to the leachate control
system as required in [567 IAC 113.7(5)b.(14). The report will be included as an Appendix to the
2011 AWQR and will include the following as applicable:
• An evaluation of the effectiveness of the system in controlling the leachate,
• Leachate head levels and elevations,
• The volume of leachate collected and treated at the CITY's treatment plant,
• Leachate chemistry results, as applicable,
• Proposed additional leachate control measures, if any,
• An implementation schedule in the event that the constructed system is not performing
effectively.
• General description of maintenance activities, such as jetting or cleaning of the collection
system, that may have occurred during the reporting period.
In support of these efforts, landfill staff will measure and record levels and elevations of leachate on
a monthly basis in all IDNR- designated leachate piezometers and gas collection wells. Also, landfill
staff will record monthly the volume of leachate collected and treated at the CITY's treatment
facility.
Landfill staff currently measure leachate levels in each of the landfill gas extraction wells as
\ \HRGCRNAS \DATA\ 10100043.11\ DES IGN\CONTRACT\2012 ANN SERVVaGT- 122011 -IC ANN SERV12_DT.DOC Page 5 of 9
required in their permit. As an additional part of this task, CONSULTANT will evaluate the efficacy
of these measurements and provide recommendations for modification of this procedure. The goal
of this evaluation is to significantly reduce the number of monitoring points that the CITY is currently
required to measure on a monthly basis, while continuing to obtain data that is useful for the CITY
and that satisfies IDNR requirements. The deliverable for this subtask will be a letter and
supporting documentation requesting a permit amendment from the IDNR outlining proposed
changes in the leachate level monitoring protocol.
II. TIME OF COMPLETION
The CONSULTANT shall complete the deliverables of each task in accordance with the following
schedule:
• Title V Annual Compliance Certification Report
by 3/31/2012
• Title V Annual Emission Inventory Report
by 3/31/2012
• Title V Annual Fee Payment Report
by 6/15/2012
• Title V Semi - annual Monitoring Reports
by 3/31 and 9/30/2012
• Title V Construction Permits and Operating Permit Addendum
by 2/29/2012
• Semi - Annual LFG System Operating Reports
by 3/31 and 9/30/2012
• Annual Water Quality Report (AWQR)
by 4/30/2012*
• Leachate Control System Performance Evaluation Report
(with AWQR)
* The schedule for the submittal date of the AWQR may change during
development upon
approval of CITY and IDNR.
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.
1. To discharge or refuse to hire any individual because of their race, creed, color, religion,
sex, national origin, disability, age, martial status, gender identity, or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of employment
because of their race, creed, color, religion, sex, national origin, disability, age, marital
status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work and
services performed up to the time of termination. However, such sums shall not be greater
than the lump sum amount listed in Section IV. The City may terminate this Agreement
upon seven (7) calendar days written notice to the Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties hereto,
provided that no assignment shall be without the written consent of all Parties to said
Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the purpose
of the Project shall be as an independent contractor and shall be exclusive, but the
Consultant shall have the right to employ such assistance as may be required for the
performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by the
Consultant for the project shall be available by said City upon reasonable request to the
1\HRGCRNAS \DATA \10100043.11 \DESIGN \CONTRACT\2012 ANN SERV\AGT- 122011- IC_ANN SERV12_DT.DOC Page 6 of 9
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 such meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City shall be
given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by
the City, copies of all basic notes and sketches, charts, computations, and any other data
prepared or obtained by the Consultant pursuant to this Agreement without cost, and without
restrictions or limitation as to the use relative to specific projects covered under this
Agreement. In such event, the Consultant shall not be liable for the City's use of such
documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a
professional engineer affixed thereto or such seal as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however,
that failure of the Consultant to satisfactorily perform in accordance with this Agreement
shall constitute grounds for the City to withhold payment of the amount sufficient to properly
complete the Project in accordance with this Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion
shall be deemed severable from the invalid portion and continue in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant shall be
allowed to keep mylar reproducible copies for the Consultants own filing use.
M. Fees paid for securing approval of authorities having jurisdiction overthe Project will be paid
by the City.
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.
IV. COMPENSATION FOR SERVICES
CONSULTANT shall perform the Scope of Services for a fee not to exceed $131,900, which fee
shall include any reimbursable expenses and be calculated based on the following breakdown of
services:
Title V Compliance and Reporting Services
• Title V Annual Compliance Certification Report
$ 3,100
• Title V Annual Emission Inventory Report
$ 6,600
• Title V Annual Fee Payment Report
$ 1,000
• Title V Semi - Annual Monitoring Reports
$2,200
• Title V Operating and Construction Permit Updates
$ 19,300
\ \HRGCRNAS\ DATA\ 10100043.11\DESIGN\CONTRAUR2012 ANN SERMGT- 122011- IC_ANN SERV12_DT_REV011712.DOC Page 7 of 9
Semi - Annual LFG System Operating Reports $ 16,900
Environmental Monitoring Plan Implementation
• Sampling - Routine HMSP Assistance $ 14,100
• Statistical Analysis $ 25,400
• Annual Water Quality Report $ 32,600
Leachate Control System Performance Evaluation Report 1� 0,700
Total Not -to- Exceed Fee $ 131,900
V. MISCELLANEOUS
A. Insurance Requirements
1. Certificate of Insurance, Cancellation or Modification
a. Before commencing work, the Consultant shall submit to the City, for
approval, a Certificate of Insurance meeting the requirements specified
herein, to be in effect for the full contract period.
b. The Consultant shall notify the City in writing at least thirty (30) calendar days
prior to any change or cancellation of said policy or policies.
C. Cancellation or modification of said policy or policies shall be considered just
cause of the City of Iowa City to immediately cancel the Agreement and /or to
halt work on the Project, and to withhold payment for any work performed on
the contract.
2. Minimum Coverage
Any policies of insurance purchased by the Consultant to satisfy its responsibilities
under this Agreement shall include contractual liability coverage, and shall be in the
following type and minimum amounts:
Comprehensive General Liability
Each Occurrence
Aggregate
(1) Bodily Injury
$250,000.00
$500,000.00
(2) Property Damage
$100,000.00
Motor Vehicle Liability and
Property Damage Insurance
Per Person
Per Accident
(1) Bodily Injury
$250,000.00
$500,000.00
(2) Property Damage
$100,000.00
Workers' Compensation insurance as required by Chapter 85, Code of Iowa.
Professional liability coverage minimum: $1,000,000.00.
3. Professional Coverage
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.
4. All provisions of he Agreement shall be reconciled in accordance with generally
accepted standards of the Engineering Profession.
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5. It is further agreed that there are no other considerations or monies contingent upon
or resulting from the execution of this Agreement, that this is the entire Agreement,
and that no other monies or considerations have been solicited.
FOR THE CITY
By. I
Matthew J. Hayek
Title: Mayor
Date: r� anuary 24, 2019
ATTEST: 2 2e.
C Clerk
FOR THE CONSUL ANT
f
f
By:
ouglas G. Tholo
Title: Vice President
Date: December 20. 2011
\\HRGCRNAS\DATA\10100043.11 \DES IGN\CONTRACT\2012 ANN SERV\AGT- 122011- IC_ANN SERV12_DT.DOC Page 9 of 9
77
Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5410
RESOLUTION NO. 12-4,1
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE
HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION PROJECT [UST -218-
4(39)- - 4A -52].
WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of
Transportation, said agreement being attached to this Resolution and by this reference made a part
hereof; and
WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the
Iowa Department of Transportation for the construction of the Highway 218 and Melrose Avenue
Traffic Signalization Project.
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 above - mentioned agreement, and the agreement is
hereby approved as to form and content.
2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of
Iowa City and the Iowa Department of Transportation in duplicate.
3. A copy of said agreement shall be placed on file in the City Clerk's office.
Passed and approved this 24th day of January_ , 20_12_
MAYOR
Approved y�
ATTEST: 7C
CITY ttERK (City A rney's 6#ice
It was moved by Champion and seconded by Pane the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
X
Pweng /res /Hwy218- Me1rose Signalization.doc
1/12
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
April 2008
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
URBAN -STATE TRAFFIC ENGINEERING PROGRAM
(U -STEP) PROJECT
City: Iowa City
Project No.: UST - 218 - 4(39)- -4A -52
Iowa Department of Transportation
Agreement No.: 6- 12- USTEP -01
Staff Action No.: 12 -0408
This is an agreement between the city of Iowa City, (hereinafter called Recipient) and the Iowa
Department of Transportation (hereinafter called Department) to enter into an agreement for joint or
cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to the laws of
the governing bodies involved.
The Department provides funds through the Urban -State Traffic Engineering Program (U- STEP), a
cooperative program for safety or operational improvements on primary road extensions. The
Department has made these funds available for reimbursement and will share eligible construction and
right -of -way costs in the ratio of 55% Department funds to 45% local funds, up to a maximum amount in
Department funds of $200,000 for a "spot improvement" or $400,000 for a "linear improvement ".
A "spot improvement" shall mean a limited improvement project such as intersection reconstruction or
signalization; and a "linear improvement" shall mean an improvement project such as street or highway
widening or reconstruction which spans two or more intersections.
The Recipient proposes to develop and complete the following described spot improvement project:
Intersection improvements on U.S. 218 at the southbound off -ramp intersection with Melrose Avenue.
Pursuant to the terms of this agreement, applicable statutes, and Administrative Rules, the Department
agrees to provide U -STEP funding to the Recipient for the authorized and approved costs for eligible
items associated with project improvements as described above.
In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree
as follows:
The Recipient shall be the lead local governmental agency for carrying out the provisions of this
agreement and shall be responsible for the development and completion of the U -STEP project.
2. All notices required under this agreement shall be made in writing to the Department and the
Recipient's contact person. The Department's contact person shall be the District 6 Local
Systems Engineer, The Recipient's contact person shall be the City Engineer, or their designated
representative.
3. The estimated total of eligible construction and right -of -way cost for this project is $111,000. If,
upon completion of final plans, the Recipient's cost estimate exceeds the preliminary total
estimate contained herein by 20% or more, the increased cost must be approved by the
Department prior to advertisement for bids. Extra work, requested subsequent to the contract
letting, must also be approved by the Department prior to commencement of the extra work.
U -STEP Agreement
Page 2
If any part of this agreement is found to be void and unenforceable, then the remaining provisions
of this agreement shall remain in effect.
5. This agreement is not assignable without the prior written consent of the Department.
6. This agreement, and the attached Exhibit A and Exhibit B, constitutes the entire agreement
between the Department and the Recipient. No representations, promises, or warranties have
been made by either party that is not fully expressed in this agreement. Any change or alteration
to the terms of this agreement must be made in the form of an addendum to this agreement
which shall be effective only upon written approval of the Department and the Recipient.
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date shown
opposite its signature below:
City: Iowa City
By: A i� Date
Title Mayor
I, Marian K. Karr , certify that I am the Clerk of the city of
Iowa City, and that Matthew J. Hayek , who signed said
Agreement for and on behalf of the Recipient was duly authorized to execute the same by
virtue of a formal resolution duly passed and adopted by the Recipient, on the 24th day
of January 92012 .
Signed: �� �i 'Ie� I- 9e�— Date Janua r
City Cle of Iowa City, Iowa
IOWA DEPARTMENT OF TRANSPORTATION
Highway Division
By: Xnf 1 Date J4 "tokr -y 30 cJ /�
Keelf L. Ellis, P.E.
Local Systems Engineer
District 6
April 2008
EXHIBIT A
Standard Provisions for U-STEP or C-STEP Project Agreements
1. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any
person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national
origin, religion, pregnancy, or disability.
2. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business
(TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize
these enterprises as subcontractors, suppliers, or participants in the work covered by this
agreement. Efforts shall be made and documented in accordance with Exhibit B.
3. The Recipient shall obtain agreements, as needed, from railroad and utility companies and shall
obtain project permits and approvals, when necessary, from the Iowa Department of Cultural
Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of
Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, etc.
4. If right -of -way must be acquired for the project, the Recipient shall negotiate and secure the
necessary right -of -way using the most appropriate of the following methods:
A. When right -of -way is to be acquired, before acquisition procedures are begun, the
Recipient shall meet staff from the Department's Office of Right of Way (ROW) to assure
compliance with the U.S. Code, the Iowa Code, and 761 Iowa Administrative Code (IAC)
Chapter 111; and determine what parcels, if any, are to be acquired in the name of the
Department and what parcels, if any, in the name of the Recipient.
B. Should eminent domain proceedings be required, the Recipient will condemn or appeal in
the name of the Recipient or the Department, whichever applies. The project letting may
not be held until the Recipient has certified that the right -of -way has been acquired.
Upon completion of the acquisition for each parcel, all original documents for the
acquisition shall be delivered to and become the property of the Department.
C. The Recipient will meet with the Department's Office of Right of Way staff to determine
who shall be responsible for demolition and /or property management functions.
D. In accordance with 761 IAC Section 150.3(1)(b), the Recipient will be responsible for
providing, without cost to the Department or the project, all right -of -way which involves
dedicated streets or alleys, and other Recipient -owned lands, easements, and rights in
land except park lands, subject to the condition that the Department will reimburse the
Recipient for the value of improvements situated on said Recipient -owned lands if any.
The Recipient has apprised itself of the value of these lands and, as a portion of its
participation in the project, voluntarily agrees to make such lands available without further
compensation.
The Recipient as well as its contractors, if any, agree to maintain all books, documents, papers,
accounting records, and other evidence pertaining to all costs incurred under this Agreement and
to make such materials available at their respective offices at reasonable times during the
Agreement period and for 3 years from the date of the final payment under the Agreement, for
inspection by the Department.
6. The Recipient shall be responsible for obtaining all applicable permits from the Department, such
as the Right to Occupy and /or Perform Work Within the Department's Right -of -Way, Permit of
Access , Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and /or other
construction permits required for the project prior to advertisement for bids.
7. For projects let by the Department, the Recipient shall submit to the District an acceptable Project
Development Certificate (Form 730002), plans, specifications, and cost estimate by the dates
specified in the most current edition of Instructional Memorandum (I.M.) 3.005, Project
Development Submittal Dates and Information. The Recipient shall also follow the Department's
Exhibit A
Page 2
letting procedures. For projects let by the Recipient, the Project Development Certificate, plans,
specifications, and cost estimate shall be submitted to the District at least 4 weeks prior to
advertisement for bids.
8. Upon Department acceptance of the Project Development Certificate, final plans, proposal forms,
specifications, and cost estimate, the Department will give the Recipient a written notice to
proceed with the project. If the project will be let by the Recipient, advertisement for bids shall not
be made until a written notice to proceed is received from the Department. After receiving the
Department's approval, the Recipient shall advertise for bidders, hold a public letting, and provide
adequate supervision for the construction work performed under the contract. The Recipient shall
submit 2 copies of the bid tabulations and the letting documents to the Department for
concurrence prior to formal action in the award of the contract.
9. If the Recipient lets the project, as described herein, the Recipient shall include in their Notice to
Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code
section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax
exemption certificates through the Iowa Department of Revenue and Finance. The Recipient
shall issue these certificates to the successful bidder and any subcontractors to enable them to
purchase qualifying materials for the project free of sales tax.
10. The project must be let to contract within 2 years of the date this agreement is approved by the
Department. If not, the Recipient may be in default, for which the Department may revoke funding
commitments. This agreement may be extended for a period of 6 months upon receipt of a
written request from the Recipient at least 30 days prior to the 2 year deadline.
11. The Recipient will be responsible for the initial costs of the construction. The Recipient shall
prepare and submit to the Department a detailed billing statement of materials, installation, and
construction costs incurred by the Recipient. Billing statements may be submitted periodically
during progress of the work. Design, inspection, and administration costs will be the
responsibility of the Recipient. If said statement and documentation are in proper forrn, the
Department will promptly reimburse the Recipient for eligible project costs, less a withholding
equal to 5% of the State share of construction costs, taking into account the limitations as stated
in the agreement. If, upon final audit or review, the Department determines the Recipient has.
been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the
final audit or review is complete and after the Recipient has provided all required paperwork, the
Department will release the State funds withheld.
12. Signs and other traffic control devices necessary for construction of the project shall be in
accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways
(MUTCD) per 761 IAC Chapter 130. The safety of the general public shall be assured through
the use of proper protective measures and devices such as fences, barricades, signs, flood
lighting, and warning lights as necessary.
13. If a detour is necessary, the Recipient will designate and sign the route at no cost to the project.
The Department will cooperate if primary highways are involved.
14. Parking shall be prohibited on the minor street approaches for a distance of 35 feet in advance of
the stop signs and /or crosswalks and on the exit sides of the minor streets for a distance of 35
feet beyond the stop signs and /or crosswalks. These parking restrictions shall go into effect at
such time as the project is completed and opened to through traffic.
15. Upon completion of the project, the Recipient's engineer will certify that the project was
completed in substantial compliance with the plans and specifications set out in this agreement
before receiving final reimbursement of Department funds.
16. The Recipient shall provide to the Department 3 copies of the "as- built" project plans, within 6
months after the project is built.
Exhibit A
Page 3
17. The Recipient shall have ownership of traffic signals constructed with this project and shall
operate them at its expense so long as signal protection is considered by either party as
necessary at said location. If considered by both parties as no longer necessary at said location,
the signals are to be removed by the Recipient at the Recipient's expense, and may be installed
at another location acceptable to both parties and shall be owned and operated at the expense of
the Recipient.
18. The Recipient shall submit a final detailed billing statement to the Department no later than 1 year
after the date the Department concurs in the acceptance of the completed construction. If a final
detailed billing statement is not submitted to the Department by the Recipient in the 1 year period,
the Department will close the project's financial records without making additional reimbursement
to the Recipient unless a time extension is requested. The time extension should be requested in
writing by the Recipient and approved by the Department, at least 30 days prior to the 1 year
deadline.
19. The Recipient agrees to indemnify, defend, and to hold the Department harmless from any action
or liability arising out of the design, construction, maintenance, placement of traffic control
devices, inspection, or use of this project. This agreement to indemnify, defend, and hold
harmless applies to all aspects of the Department's application review and approval process, plan
and construction reviews, and funding participation.
20. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to
arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to
arbitration after 10 days notice to the other party of their intent to seek arbitration. The written
notice must include a precise statement of the dispute. The Department and the Recipient agree
to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with
the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration.
April 2010
EXHIBIT B
UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES
ON NON - FEDERAL AID PROJECTS
(THIRD -PARTY STATE - ASSISTED PROJECTS)
In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the policy of the
Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum
practicable opportunity to participate in the performance of contracts financed in whole or part with State funds.
Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms
and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants
make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered
by this agreement.
The Recipient's "positive efforts" shall include, but not be limited to:
1. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals (515- 281 -7102)
or from its website at: http: / /dia.iowa.-gov /page7.html.
2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in
sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP)
process.
3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability
of subcontract work.
4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project
and for which State funds will be used. Contract goals may vary depending on the type of project, the
subcontracting opportunities available, the type of service or supplies needed for the project, and the availability
of qualified TSB firms in the area.
5. For construction contracts:
a. Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -
Federal Aid Projects (Third -Party State- Assisted Projects)" or a similar document developed by the Recipient.
This contract provision is available on -line at:
http: / /www. dot. state.ia.usliocal_systems /publications /tsb contract provision.pdf
b. Ensuring that the awarded contractor has and shall follow the contract provisions.
6. For consultant contracts:
a. Identifying the TSB goal in the Request for Proposal (RFP), if one has been set.
b. Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This
should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list
of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a
TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used.
The Recipient shall provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and /or telephone contacts with any TSB
firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in
the general project file.
2. Bidding proposals or RFPs noting established TSB goals, if any.
3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and
forwarded to: Iowa Department of Transportation, EEO Administrator, Office of Contracts, 800 Lincoln Way,
Ames, IA 50010.
April 2010
CHECKLIST AND CERTIFICATION
For the Utilization of Targeted Small Businesses (TSB)
On Non - Federal -aid Projects (Third -Party State - Assisted Projects)
Recipient: Project Number:
County: Agreement Number:
1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑ YES
❑ NO
If no, explain
2. Were qualified TSB firms notified of project? ❑ YES ❑ NO
If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other (specify)
If no, explain
3. Were bids or proposals solicited from qualified TSB firms? ❑ YES ❑ NO
If no, explain
4. Was a goal or percentage established for TSB participation? ❑ YES ❑ NO
If yes, what was the goal or percentage?
If no, explain why not:
5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO
If no, what action was taken by Recipient?
Is documentation in files? ❑ YES ❑ NO
6. What was the dollar amount reimbursed to the Recipient
from the Iowa Department of Transportation? $
What was the final project cost? $
What was the dollar amount performed by TSB firms? $
Name(s) and address(es) of the TSB firm(s)
(Use additional sheets if necessary)
Was the goal or percentage achieved? ❑ YES ❑ NO
If no, explain
As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize
TSB firms as participants in the State - assisted contracts associated with this project.
Title
Signature
Date
I i
CITY OF IOWA CITY �$
MEMORANDUM�-
Date: January 13, 2012
To: Tom Markus, City Manager
From: Chris O'Brien, Director of Transportation Services
Re: MOU — Elder Services, January 24, 2012 City Council Meeting
Introduction: At the January 24, 2012 City Council meeting, consideration will be given to a
resolution authorizing Iowa City Transit to enter into a memorandum of understanding with
Coralville Transit and Elder Services, Inc. to provide matching funds for a New Freedom Grant
funding a Volunteer Transportation Coordinator.
History /background: Over the past several years evaluation of the community's transportation
systems has consistently listed a deficiency in the area of door through door transportation. The
fixed route transit system picks up passengers at designated bus stops and transports them to
other designated bus stops. The paratransit services provided by Johnson County SEATS
provide door to door service so that passengers are met at the door by a SEATS driver who will
transport the individual to the door of their desired destination.
The Volunteer Transportation Service, to be provided by Elder Services, Inc., will provide
door through door service for medical related appointments which goes above and beyond ADA
requirements.
Iowa City applied for and was awarded New Freedom funding for a Volunteer
Coordinator position for Elder Services, Inc. to oversee and coordinate the activities of the
program. The funding was awarded for one year and will need to be applied for annually to
continue the 80% funding level.
Discussion of Solution: Iowa City Transit is only responsible for funding of a portion of the
match for the Volunteer Transportation Coordinator to be employed by Elder Services, Inc. No
staffing will be required and no additional positions will need to be authorized. We will have
time allocated to evaluate the program to determine if future years will be recommended for
funding, at which time we will return to City Council with our recommendation. We see this
service as a benefit to our transportation system as it fills a deficiency that has been outlined for
the past several years.
Financial Impact: The financial impact of authorizing the MOU will be $9,362.00 to the
Transit budget. Any future funding will include a portion of the match also being paid for by
Elder Services.
Recommendation: It is the recommendation of the Transportation Services Department to
authorize the Memorandum of Understanding for the matching funding of a Volunteer
Transportation Coordinator.
Mfg
Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5156
RESOLUTION NO. 12 -44
RESOLUTION AUTHORIZING IOWA CITY TRANSIT TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING WITH CORALVILLE TRANSIT AND
ELDER SERVICES, INC. TO PROVIDE MATCHING FUNDS FOR A NEW
FREEDOM GRANT
WHEREAS, the City of Iowa City received New Freedom Grant funds through an application submitted to the
Iowa Department of Transportation by Iowa City Transit to jointly fund a Volunteer Transportation Coordinator
with Coralville Transit and Elder Services Inc.; and
WHEREAS, Iowa City Transit's portion of the required matching funds for this New Freedom Grant is
$9,362.00; and
WHEREAS, funds for this contract are available in the Transit account: 1000 - 417200
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The attached Memorandum of Understanding for funding of a Volunteer Transportation Coordinator
position between the City of Iowa City, City of Coralville and Elder Services Inc. is hereby approved,
and the Mayor is hereby authorized to execute and the City Clerk to attest in triplicate same on
behalf of the City of Iowa City.
Passed and approved this 24th day of January 120_L2_.
MAYOR
Approved by
ATTEST:
CITYtEERK City Attorney's Office
It was moved by Mims and seconded by Payne the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Dickens
Dobyns
Hayek
�- Mims
Payne
X_ Throgmorton
New Freedom Grant Project Agreement
This Agreement is made and entered into by and between the City of Iowa City, Iowa (IOWA CITY), the
City of Coralville, Iowa ( CORALVILLE), and ELDER SERVICES Inc. (ELDER SERVICES).
WHEREAS, IOWA CITY applied for and received a New Freedom Grant through the Iowa Department of
Transportation (IADOT) to jointly fund a Volunteer Transportation Coordinator position with CORALVILLE
and ELDER SERVICES; and
WHEREAS, IOWA CITY, CORALVILLE, and ELDER SERVICES wish to memorialize their Agreement in
effectuating the program; and
WHEREAS, the purpose of the application was funding a Volunteer Transportation Coordinator for a
program that targets those that cannot use the fixed route or paratransit (SEATS) services for medical
related appointments, going above and beyond ADA requirements by providing door- through -door
service; and
WHEREAS, the $60,010 New Freedom grant was awarded in the fall of 2011, in which both IOWA CITY
and Coralville Transit agreed to fund required 20% match, with any additional funds that ELDER
SERVICES may collect during the project reducing the match amount of the transit agencies or going
back into providing more service; and
WHEREAS, the grant funding will cover the period of October 1, 2011— September 30, 2012, with the
first quarterly payment to be made in January 2012.
NOW, THEREFORE, it is hereby agreed by and between IOWA CITY, CORALVILLE, and ELDER SERVICES, as
follows:
I. Budget
The Budget for this project, with contributions from IOWA CITY and CORALVILLE, will be as follows:
Total Cost New Freedom (80 %) Local (20 %)
Volunteer Transportation Coordinator: $60,010 $48,008 $12,002
The $12,002 local match will be split by IOWA CITY and CORALVILLE ($9,362 IOWA CITY and $2,640
CORALVILLE) based on the total percentage of operating budget for each agency.
Quarterly Payments
The quarterly payments to ELDER SERVICES will consist of the following:
New Freedom funds from Iowa DOT: $12,002.00
Local matching funds:
IOWA CITY: $ 2,340.50
CORALVILLE: $ 660.00
Total quarterly funding $15,002.50
The IADOT and IOWA CITY funds may be paid as one amount ($14,342.50) since IOWA CITY will be
requesting the quarterly funds from IADOT. CORALVILLE will pay ELDER SERVICES directly each quarter.
Pavment Schedule
II. Quarterly Reports
ELDER SERVICES will be required to provide the necessary information for the quarterly IADOT
report. The report is required before IADOT releases the grant funds. The information necessary to
complete the report will include:
1. Number of patients with dementia -type diagnosis provided with one -on -one transportation
assistance for follow -up non - emergency hospital visits and medical appointments.
2. Number of riders unable to navigate any form of public transportation provided with one -on-
one transportation assistance to medical appointments.
3. Number of patients provided with one -on -one transportation assistance for outpatient
procedures.
4. Number of rides referred to and provided by ELDER SERVICES, Retired and Senior Volunteer
Program (RSVP), and Johnson County SEATS.
5. Number of volunteer revenue miles.
6. Number of active volunteers providing service.
7. Other volunteer transportation issues and needs identified by county /city /human service
agency /MPOJC /Johnson County Livable Communities Transportation Committee.
8. General comments
III. Form of Agreement -
Joan Cook, RSVP Director for ELDER SERVICES affirms and attests that she is authorized to bind Elder
Services to the terms of this Agreement. Any amendment to this Agreement shall be in writing and
signed by all parties. IOWA CITY, CORALVILLE, and ELDER SERVICES shall work to promote the shared
goals and intent of this Agreement. As grant holder, IOWA CITY shall have final decision - making
authority.
IADOT /IOWA CITY
CORALVILLE
January 2012 (end of 1St quarter):
$14,342.50
$660
April 2012 (end of 2 "d quarter):
$14,342.50
$660
July 2012 (end of 3rd quarter):
$14,342.50
$660
October 2012 (end of 4th quarter):
$14,342.50
$660
II. Quarterly Reports
ELDER SERVICES will be required to provide the necessary information for the quarterly IADOT
report. The report is required before IADOT releases the grant funds. The information necessary to
complete the report will include:
1. Number of patients with dementia -type diagnosis provided with one -on -one transportation
assistance for follow -up non - emergency hospital visits and medical appointments.
2. Number of riders unable to navigate any form of public transportation provided with one -on-
one transportation assistance to medical appointments.
3. Number of patients provided with one -on -one transportation assistance for outpatient
procedures.
4. Number of rides referred to and provided by ELDER SERVICES, Retired and Senior Volunteer
Program (RSVP), and Johnson County SEATS.
5. Number of volunteer revenue miles.
6. Number of active volunteers providing service.
7. Other volunteer transportation issues and needs identified by county /city /human service
agency /MPOJC /Johnson County Livable Communities Transportation Committee.
8. General comments
III. Form of Agreement -
Joan Cook, RSVP Director for ELDER SERVICES affirms and attests that she is authorized to bind Elder
Services to the terms of this Agreement. Any amendment to this Agreement shall be in writing and
signed by all parties. IOWA CITY, CORALVILLE, and ELDER SERVICES shall work to promote the shared
goals and intent of this Agreement. As grant holder, IOWA CITY shall have final decision - making
authority.
CITY OF IOWA CITY
By: UXl _
Matthew J. Hayek, Mayo
Attest:
City C , Marian K. Karr
Approved by: /
(l OL
Iowa City Attorney's Office
STATE OF IOWA )
ss:
JOHNSON COUNTY )
CITY OF CORALVILLE
r
By
J m Fausett, Mayor
Attest:
City Clerk, Thorsten Johnson
By: w y %
Susan Wehr, Executive Director,
Elder Services
On this IAJ/ day of _ m- "A&d 1 201x- , before me,
%Ona) -&e- �or'� , 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 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 Council, as
contained in (Ordinance) (Resolution) No. /d #-!� passed by the City Council, on the a-�L f`
day of TAN 20 /J , and that Matthew J. Hayek and Marian K. Karr acknowledged
the execution of t e instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
SONDRAE FORT
Commission Number 159781 !� !_
My C mmissio i EXPk9is �] i�
3 49 Notary Public in and for the State of Iowa
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of wwu I 20 LL- before me,
"a a Notary Public in and for the State of Iowa,
personally appeared Jim FaLlsett and Thorsten Johnson, 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 Coralville, 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 Council, as
contained in (Resolution) No. .20)2— .3,3' passed by the City Council, on the !4I1 day of
Pub .wu, -� , 20 L , and that Jim Fausett and Thorsten Johnson, 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. .4 /
STATE OF IOWA
JOHNSON COUNTY
KEVIN D. OLSON
Commission Number 72'
My Commission FW
)
ss:
ry Public in and V the State of Iowa
�n cC/LLr
On this day of 20 % ,1. , before me,
/VA -,�J S�2 p�,cu.� a Notary Public in and for the State of Iowa,
personally appeared Susan Wehr, to me personally known, and, who, being by me duly sworn, did say that
she is the Executive Director at Elder Services, Inc., and that the instrument was signed and sealed on
behalf of Elder Services, Inc., and that she acknowledged the execution of the instrument to be her
voluntary act and deed and the voluntary act and deed of Elder ervices, Inc.
Nota Public in and for the State of Iowa
I ��� -4 CITY OF IOWA CITY 19
MEMORANDUM
Date: January 17, 2012
To: Tom Markus, City Manager
From: Chris O'Brien, Director of Transportation Services
Re: Award of Janitorial Services Contract, January 24, 2012 City Council Meeting
Introduction: At the January 24, 2012 City Council meeting, consideration will be given to a
resolution approving award of a contract for janitorial services for the Transportation Services
Department to ABM Janitorial Services with an initial term of three years.
History /background: The Transportation Services Department has always handled janitorial
duties in house with a combination of staff consisting of Maintenance Worker I & II's. Each
facility has a designated staff person responsible for the janitorial duties. In addition, the in
house staff covers cashier breaks and performs minor maintenance on our equipment. Over
the past several months, we have had multiple employees in these job classifications leave their
positions. This has been a common occurrence over time as many of these positions have less
than desirable shifts, i.e. 3pm — 12AM or 6pm — 3am.
After two vacancies occurred in our maintenance staff, the Transportation Services
Department researched the possibility of contracting for janitorial services with a private firm. A
two month trial period was conducted to determine if the work performed would meet our
expectations and requirements before a formal RFP process was conducted. During that trial it
was determined that the work performed warranted an RFP process to evaluate the cost of a
janitorial services contract for all of our parking facilities. The City of Iowa City Purchasing
Department issued an RFP on September 15, 2011 and responses were received on October
13, 2011.
Discussion of Solution: The RFP resulted in three responses ranging in an annual cost
from $117,393.86 to $265,370.64. Currently, the Transportation Services Department has not
filled two maintenance worker positions and one custodian position while deciding on the plan of
action to perform janitorial duties in the facilities. The annual cost of the three positions,
including benefits, is roughly $165,000.00. The options available for this solution are:
1.) Award the janitorial services contract to ABM Janitorial Services at a cost of $117,383.86
annually for the next three years.
2.) Replace the three vacant positions in the Transportation Services Department at an
estimated annual cost of $165,000.00.
Financial Impact: The impact of awarding the contract to ABM Janitorial Services is an
estimated annual savings of $47,600.00 per year to the Transportation Services Department. In
addition, the department would evaluate additional vacancies as they occur which could lead to
additional savings.
Recommendation: It is the recommendation of the Transportation Services Department to
award the janitorial services contract to ABM Janitorial Services.
Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5156
RESOLUTION NO. 12 -45
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR JANITORIAL SERVICES FOR
THE TRANSPORTATION SERVICES DEPARTMENT.
WHEREAS, ABM Janitorial Services, has received the highest average score through the RFP evaluation
process for janitorial services for the Transportation Services Department; and
WHEREAS, ABM Janitorial Services submitted a price of $117,383.86 per year for a three year janitorial
services contract; and
WHEREAS, funds for this contract are available in the Parking and Transit accounts:
7100 - 510400 through 7100 - 510700 & 1000 - 417900
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The contract for the construction of the above -named project is hereby awarded to ABM Janitorial
Services, subject to the condition that awardee secure adequate insurance certificates, and contract
compliance program statements.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the above -named
contract, subject to the condition that awardee secure adequate insurance certificates, and contract
compliance program statements.
Passed and approved this 2� 4tb _ day of January 12012
ATTEST:
CITY RK
6 _ 4r,--
MAYOR
Approved by
A---
City Attorney's Office
L// /� �
It was moved by Champion and seconded by Mims the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x_ Dickens
�— Dobyns
�— Hayek
Mims
_�- Payne
x Throgmorton
?I
""9
L -2
so
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa Cily, iA 52240 - 319 - 356 -5041
RESOLUTION NO. 12 -46
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 March 6,
2012.
Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City,
Iowa. Until March 6, 2012 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. 12 -46
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 24th day of January 2012.
Mayor
Approv by
ATTEST: A - -je,4
City Oterk City Attorneyls Office
It was moved by hampion and seconded by Payne _the Resolution be
adopted, and upon roll call there was:
AYES:
suMOrd &ResW bateRes.doc
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
January 17, 2012 (319) 356 -5009 FAX
www.icgov.org
Name
Address
City, State, ZIP
Dear Property Owner:
This is to notify you that the City Council will be considering a resolution on January 24,
2012 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.