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HomeMy WebLinkAbout2014-06-17 Resolution2� Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 14 -185 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: Fraternal Order of Eagles, Iowa City 4695 -225 Hwy 1 W Passed and approved this 17th day of June , 2014 MAYOR Approved by ATTEST: CIT CLERK City Attorney's Office It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: Mims ABSENT: the x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton mTr-M-Tr- 2c(11) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 14 -186 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: See Attached Passed and approved this 17th day of June 920 14 MAYOR ATTEST: CLERK Approved by City Attorney's Office It was moved by Botchway and seconded by Aims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Revises CIGARETTE PERMITS PRINTED : 24- APR -14 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME C %5�S DAN'S SHORT STOP CORPORATION PURPOSE ly- 000L-eS tS-1 Case -(lS /5 - y`; CASEY'S GENERAL STORE #2761 tJ . 07 00073 00142 C 15-q CASEY'S MARKETING COMPANY RANGER ENTERPRISES INC 11rr CASEY'S GENERAL STORE #2781 U►) t�b� `� 07 00074 00143 C CASEY'S MARKETING COMPANY 01411 C 15-19 DELIMART PROPERTIES INC C ICE c- o- C 08 00070 00145 C S TE C 87 00018 01412 CONVENIENCE STORE THE 08 00068 00146 C THE CONVENIENCE STORE LLC DELI MART #3 98 CREEKSIDE MARKET 03 00005 00147 C),5-Sy SECTOR INC FORMERLY: T & M MINI MART CVS /PHARMACY #8539 SJ 06 00074 00148 C 15.50 IOWA CVS PHARMACY LLC CVS /PHARMACY #8547 "u Sr, -i'; L c Jove„ 06 00075 00149 05 -51 IOWA CVS PHARMACY LLC DAN'S SHORT STOP 86 00022 01410 C %5�S DAN'S SHORT STOP CORPORATION /5 - y`; DEADWOOD 85 00092 01460 C RANGER ENTERPRISES INC DELI MART #1 'jis Hw it Lo. 87 00013 01411 C 15-19 DELIMART PROPERTIES INC DELI MART #2 Lowe(' �u S�-cJt ''"`�- tt6- 87 00018 01412 CI s -a 0 DELIMART PROPERTIES INC DELI MART #3 98 00014 01413 C DELIMART PROPERTIES INC DELI MART #5 - &Z%AtO,4, 99 00006 01414 C IJrfo�l DELIMART PROPERTIES INC DEN THE 00 00017 01415 C) `j ,: ca SOUTHERN DISCOUNT DEN INC DOLLAR GENERAL STORE #8137 13 00065 01416 C)t5 - S7 DOLGENCORP LLC DUBLIN UNDERGROUND THE 93 00001 01417 V 15-5- 6 DUBLIN UNDERGROUND INC CIGARETTE PERMITS PRINTED : 24- APR -14 PAGE: 1 DOING BUSINES AS LICENSE # S CKER # APPLICANTS NAME PURPOSE Caste -�S G�.o� ose33�a- rqo� -t 3rda�9� ly- 000 U 15-0 CASEY'S GENERAL STOR #2761 td - i�..�Wu �+e` - 07 00073 00142 C 15-q CASEY'S MARKETING COM Y CASEY'S GENERAL STORE #2 81 t� <<D� -� 07 0 074 00143 C IS CASEY'S MARKETING COMPANY cbUB-CAR-THE cl a C-t 8 00070 00145 C SWZVTE C CONVENIENCE STORE THE 08 00068 0 014 6 C THE CONVENIENCE STORE LLC CREEKSIDE MARKET 03 00005 00147 CJ5 -5y SECTOR INC FORMERLY: T & M MINI MART CVS /PHARMACY #8539 G1 mJOAA S 06 00074 00148 C15-6C' IOWA CVS PHARMACY LLC CVS /PHARMACY #8547 0.0 Si� -ct L jL AQ 06 00075 00149 C15-S) IOWA CVS PHARMACY LLC DAN'S SHORT STOP 86 00022 01410 C DAN'S SHORT STOP CORPORATION - y� DEADWOOD 85 00092 01460 C15 RANGER ENTERPRISES INC DELI MART #1 S Hwy 7 00013 01411 C 15-19 DELIMART PROPERTIES INC DELI MART 42 L DL-- ,f `�� - �-�- 87 0018 01412 C I S - -;2 O DELIMART PROPERTIES INC DELI MART #3 t%,kcpr AoK 'i t btu c4 • 98 000 4 01413 C DELIMART PROPERTIES INC DELI MART #5 ,&k)-AtoK 99 00006 01414 C JJr��l DELIMART PROPERTIES INC DEN THE 00 00017 01415 C 1J o SOUTHERN DISCOUNT DEN I C DOLLAR GENERAL STORE 8137 13 00065 01416 C DOLGENCORP LLC - DUBLIN UNDERGROUND THE 93 00001 01417 V DUBLIN UNDERGROUND INC CIGARETTE PERMITS PRINTED : 24- APR -14 PAGE: 2 DOING BUSINESS AS APPLICANTS NAME PURPOSE EARTHLY ESCAPE EARTHLY ESCAPE LLC EL PASO THE MEXICAN STORE EL PASO TIENDA Y TAQUERIA INC FAREWAY STORES # 0 3 4 to y (-a KA VA eXC,Q• C' • FAREWAY STORES INC FAREWAY STORES #950 a 3C� ��5 W "^� S • L-i t. FAREWAY STORES INC GASBY' S #1 ; 11o�C t • ' KLB BAUER INC GASBY' S #4 1N1.aSG°l��Q'V KLB BAUER INC HALA HALA HOOKAH ALBASRI LLC HAPPY DAZE DAWN SCHATZ HARTIG DRUG #10 HARTIG DRUG COMPANY CORP HY -VEE DRUGSTORE HY -VEE INC HY -VEE FOOD STORE #1 HY -VEE INC HY -VEE FOOD STORE #2 HY -VEE INC HY -VEE FOOD STORE #3 HY -VEE INC HY -VEE GAS #1 HY -VEE INC I.C. PIT STOP IC PIT STOP LLC LICENSE # STICKER # 14 00062 01462 C 05 00001 01418 C i5-3i 03 00007 01419 C 95 00006 01420 C 08 00074, 01421 C 08 00075 01422 C 14 00061 01461 C 00 00002 01464 C 98 00001 01423 C)5'SU 85 00013 01424 C t - -39 85 00009 01425 C 5`3 512 85 00010 01426 C 15-31 85 00011 01427 C 15'� 03 00004 01428 C V6 3�t, 08 00064 01429 C 1,5-4-0 IC UGLYS PUB GAL INC CIGARETTE PERMITS PRINTED : 24- APR -14 PAGE: 3 DOING BUSINESS AS APPLICANTS NAME PURPOSE IOWA CITY FAST BREAK REIF OIL COMPANY JOE'S PLACE SAMCO OF IOWA CITY INC JOHN'S GROCERY, INC. JOHN'S GROCERY INC KMART #4315 K -MART CORPORATION KONNEXION THE SMOKERS UNLIMITED LLC KUM & GO #422 S V,, KUM & GO LC KUM & GO # 51 KUM & GO LC KUM & GO #52 l J , �.�► via tO h KUM & GO LC J KUM & GO #53 Woc0-kaA KUM & GO LC L & M MIGHTY SHOP, INC. L & M MIGHTY SHOP INC LIQUOR DOWNTOWN LIQUOR DOWNTOWN LLC NORTH DODGE EXPRESS ND REAL ESTATE INC NORTH DODGE SINCLAIR NORTH DODGE REAL ESTATE INC 07 00070 01430 C )!5-9 �; LICENSE ## STICKER # 11 00058 01431 C 15 -1 08 00072 01432 C 157' '6`� 85 00054 01433 C 15 -1 85 00140 00141 C 157' '6`� 08 00069 01434 C��� 85 00025 01435 C 44 O1 01087 01436 C15 -1 O1 01088 01437 CI 5 '01 O1 01089 01438 C 1'5'*S 85 00045 01439 C 07 00072 01440 C 15— q ,�) O1 01090 01441 C15-)l 10 00056 01442 C t3-la ON THE GO CONVENIENCE STORES ON THE GO CONVENIENCE STORES PIPE DREAMZ ROBERT SHARP RED POPPY SAKSHI H MEARS CIGARETTE PERMITS PRINTED : 24- APR -14 PAGE: 4 DOING BUSINESS AS APPLICANTS NAME PURPOSE 00 00002 01443 C 1!5-)L-1 14 00044 06 00070 01445 C LICENSE # STICKER # RJ'Z EXPRESS 07 00075 HWZ LLC RUSS' NORTHSIDE SERVICE 05 00005 RUSS' NORTHSIDE SERVICE INC SAUCE 13 00064 CAYLOR DEVELOPMENT LLC -qQQT-T--BLYrl HAWKEYE CONVENIENCE STORE 00 00007 T71T T-4 EL LE OIL Cr) iN C., LLC-LLC SMOKIN' JOE'S 418 05 00007 THE OUTLET INC SOUTHSIDE LIQUOR & TOBACCO 12 00064 SOUTHSIDE SPIRITS LLC STORM ENTERTAINMENT 00 00002 STORM ENTERTAINMENT, LLC SUBURBAN BP AMOCO 97 00007 SUBURBAN INVESTORS LC SUBURBAN BP AMOCO KEOKUK STREET 98 00012 SUBURBAN INVESTORS LC THE IN ZONE 11 00057 THE IN ZONE INC THE LIQUOR HOUSE 03 00008 CAYLOR ENTERPRISES LLC 01446 C p5-e) 01447 C j5 -55 01448 C 16-49 01449 C 01450 C lb -LQ 01463 C 01451 C i�- 01452 C �j- 01453 C 01454 C J -T7 TOBACCO BOWL MISSISSIPPI VALLEY TOBACCO CO TOBACCO OUTLET PLUS #537 KWIK TRIP INC WALGREEENS #5077 WALGREEN COMPANY WALMART #1721 WAL -MART STORES INC ZOMBIES ZOMBIES LLC CIGARETTE PERMITS PRINTED : 24- APR -14 PAGE: 5 DOING BUSINESS AS APPLICANTS NAME PURPOSE TOTAL CIGARETTE PERMITS: 64 91 00009 01455 C 1- ZIJ1 97 00008 01456 C fJr -1 85 00029 01457 C 92 00012 01458 C IS-')7 13 00063 01459 C /5 -yte LICENSE # STICKER # r . m 1 CITY OF IOWA CITY MEMORANDUM Date: June 9, 2014 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: FY2015 28E Agreement with University Heights to provide transit service Introduction: Included for consideration for the June 17, 2014 City Council Meeting you will find the Item & Comment, Resolution and supporting documentation for the 28 E Agreement between the City of Iowa City and the City of University Heights for FY2015 fixed route transit services. History /background: University Heights has contracted with the City of Iowa City for transit services since the 1970's. The contract amount is based on a formula taking into account the Consumer Price Index as an escalator of the previous year's contract. This contract is then submitted to the City of University Heights for approval. The University Heights City Council passed this agreement at their June 10, 2014 council meeting. Discussion of Solution: Per this agreement, University Heights agrees to pay an amount of $35,522.00 for contracted fixed route transit services. This was an increase of 1.8% which was based on the National Consumer Price Index. Recommendation: It is my recommendation that City Council approve this resolution for the 28E Agreement between University Heights and the City of Iowa City for fixed route transit services. 2d(1) Matt Schultz y�Pt6 OF t0�1 Secretary of State s„ g .pv yP TORY Of State of Iowa Y z FILED 0 28E W W Agreement M507144 U. 1." 6/18/2014 2:12:07 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full leqal name, organization type and county of each participant to this agreement are: tant;t vutcr u not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and University Heights for the provision of Transit Service within the corporate limits of University Heights (Res 14 -187) Item 4. The duration of this agreement is: (check one) 0Agreement Expires 6/30/2015 ❑Indefinite Duration [mm /dd /yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO m YES Filing # of the agreement: M507143 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie- tuttle(c_iowa- city.orq Phone 319 - 356 -5043 Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 City of University Heights City Johnson Party 3 Party 4 Party 5 tant;t vutcr u not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and University Heights for the provision of Transit Service within the corporate limits of University Heights (Res 14 -187) Item 4. The duration of this agreement is: (check one) 0Agreement Expires 6/30/2015 ❑Indefinite Duration [mm /dd /yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO m YES Filing # of the agreement: M507143 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie- tuttle(c_iowa- city.orq Phone 319 - 356 -5043 Prepared by: Brad Neumann, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5235 RESOLUTION NO. 14 -187 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2015 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS WHEREAS, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2015 at a rate of $35,522, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached FY2015 28E Agreement for transit services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 17th day of June , 20 14 MAYOR Approved by � ATTST: ll�k CIT LERK City Attorney's Office Resolution No. 14 -187 Page 2 It was moved by Botchway and seconded by adopted, and upon roll call there were: AYES: X X x— X X X X NAYS: Mims the Resolution be ABSENT: Botchway II Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Brad Neumann, PCD, 410 E. Washington, Iowa City, IA 52240 319 - 356 -5235 FY2015 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this 10th day of June, 2014, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: L Scope of Services No separate legal or administrative entity is created herein. The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. Residents of University Heights will also be eligible for the same fare structure as Iowa City residents. //. Duration The term of this agreement shall commence July 1, 2014, and continue through and including June 30, 2015. AZ Termination This agreement may be terminated upon thirty calendar days written notice by either party. In the event of termination, Iowa City shall provide public transit service through the last day of the thirty -day notice period, and University Heights shall pay for all services rendered, including those rendered in the thirty -day period. /V. Compensation The City of University Heights agrees to pay $35,522 for the provision of public transit service as herein described during FY2015. Payment shall be made in twelve monthly payments of $2,960.17 each, to be received by the City of Iowa City on or before the 15th of each month. V. Chapter 28E, Code of Iowa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY By: Matthew J. Hayek, Mayor Attest: City Clerk, Marian K. Karr Approved by: City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) CITY OF UNIVERSITY HEIGHTS Lo ise From, ayor Attest: Caw * :,L- -pi. Q,t,,. u dpi City Clerk, Christine Anderson On this 17flt d of , 20 / 4 , before me, lie i //-"-I / <. / u f-t-le- , 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 Resolution No. / `y -/ 8 7 passed by the City Council, on the / 7 +h day of - �z of , 20�, and that Matthew J. Hayek and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 1� F s KELLIE K. TUTTLE z Commission Number 221819 • my co miss' n Expires UWA STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for the State of Iowa On this 10th day of June, 2014, before me, Steven E. Ballard, a Notary Public in and for the State of Iowa, personally appeared Louise From and Christine Anderson, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. 14 -16 passed by the City Council, on the 10th day of June, 2014, and that Louise From and Christine Anderson, acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. A ^� 0 STEVEN E. BALLARD Notary Public in and for the State of Iowa y r COMMISSION NO. 161385 My commission expires: July 16, 2015 \ i F- MYCOMMISSIONEKPIRES Prepared by: Brad Neumann, PCD, 410 E. Washington, Iowa City, IA 52240 319 - 356 -5235 FY2015 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this day of , 2014, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28 of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly ith another public agency having such power, and WHEREAS, it is in the m tual interest of the parties to encourage the use of public transit by residents of Iowa City and iversity Heights. NOW, THEREFORE, it is he \eby agreed by and between the ity of Iowa City and the City of University Heights, as follows: \ L Scope of Services No separate legal or administrati entity is created public transit service to the City of niversity Heights buses, the routes, and the locatio of bus stops residents of University Heights will o ain the sa e City who are served by the same rout . Resid nts the same fare structure as Iowa City resi nts. A Duration The term of this agreement shall comm June 30, 2015. h9tein. The City of Iowa City shall provide owa City shall determine the scheduling of Nithin University Heights. It is agreed that level of transit service as residents of Iowa of University Heights will also be eligible for my 1, 2014, and continue through and including X. Termination This agreement may be terminate upon thirty ca ndar days written notice by either party. In the event of termination, Iowa C' y shall provide pu lic transit service through the last day of the thirty -day notice period, and U versity Heights shall ay for all services rendered, including those rendered in the thirty -d y period. /V. Compensation The City of University /eceived hts agrees to pay $35,522 f the provision of public transit service as herein described FY2015. Payment shall be ade in twelve monthly payments of $2,960.17 each, to be by the City of Iowa City on r before the 15th of each month. V. Chapter 28E, Cq(de of Iowa In accordance witl/Chapter 28E of the Code of Iowa, this agrement shall be filed with the Secretary of the tate of Iowa and the County Recorder of Johrkon County, Iowa. CITY OF IOWA CITY A Matthew J. Hayek, Mayor Attest: City Clerk, Marian K. Karr Approved by: Al�� 6 City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of personally appeared Matthew J. Hayek and being by me duly sworn, did say that they are Iowa City, Iowa; that the seal affixed to t 1 corporation, and that the instrument wa sigi authority of its City Council, as contain in F Council, on the day of Hayek and Marian K. Karr acknowled ed the e and deed and the voluntary act and eed of the STATE OF IOWA JOHNSON COUNTY CITY OF UNIVERSITY HEIGHTS in Louise From, Mayor Attest: City Clerk, Christine Ay(derson 20 , before me, a Notary Public in and for the State of Iowa, -ian K. Karr, to me personally known, and, who, Mayor and City Clerk, respectively, of the City of regoing instrument is the corporate seal of the �d and sealed on behalf of the corporation, by solution No. passed by the City 20 and that Matthew J. Vution of the instrument to be their voluntary act o poration, by it voluntarily executed. Notary Vublic in and for the State of Iowa On this day of , 20 , before me, a tary Public in and for the State of Iowa, personally appear�orn, Louise From and Christine Anders n, to me personally known, and, who, being by me duly s did say that they are the Mayor a d City Clerk, respectively, of the City of University Height , Iowa; that the seal affixed to the forego g instrument is the corporate seal of the corporation, nd that the instrument was signed and s led on behalf of the corporation, by authority of its ity Council, as contained in (Resolution) No passed by the City Council, on th day of , 20 and that Louise From and Christin Anderson, acknowledged the execution of the i strument to be their voluntary act and deed a the voluntary act and deed of the corporation, by i voluntarily executed. Notary Public in and for the State of Iowa 06 -17 -14 2d 2)� Prepared by: Sara F.G. Hektoen, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 Resolution No. 14 -188 RESOLUTION APPROVING SECOND AMENDMENT TO THE PURCHASE AGREEMENT WITH HIERONYMUS SQUARE ASSOCIATES, LLC FOR SALE OF PROPERTY LOCATED BETWEEN 301 S. DUBUQUE STREET AND THE COURT STREET TRANSPORTATION CENTER. WHEREAS, the City and Hieronymus Square Associates, L.L.C. (Buyer) entered into a purchase agreement whereby the City agreed to convey certain land on Block 102, Original Town, to Buyer; and WHEREAS, Buyer has submitted a proposal to the University of Iowa for the development of this site; and WHEREAS, Buyer has requested a second extension of the due diligence period to allow time for the University to evaluate its proposal, and to evaluate its options in the event that such proposal is not selected; and WHEREAS, the Agreement was previously amended by administrative approval to extend the due diligence period, as allowed by the agreement, but this second extension must be approved by Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa: 1. That the attached Second Amendment to the Offer to Buy Real Estate and Acceptance is in the public interest and in furtherance of the purposes and objectives of the City- University Project I Urban Renewal Plan and is hereby approved; 2. That the Mayor is authorized and directed to execute said Second Amendment on behalf of the City and the City Clerk is authorized and directed to attest to his signature and to affix the seal of the City to the same. PASSED AND APPROVED THIS 17th day of June , 2014. Mayor ATTEST: _ Approved by: /u �ti�yrr. City Jerk City Attorney's Office ,�, 1 <<11V Resolution Igo. 14 -188 Page 2 It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton SECOND AMENDMENT TO THE OFFER TO BUY REAL ESTATE AND ACCEPTANCE This Amendment to the Offer to Buy Real Estate and Acceptance by and between the City of Iowa City, hereinafter referred to as "Seller" and Hieronymus Square Associates, LLC. , hereinafter referred to as "Buyer": WITNESSETH: WHEREAS, Seller and Buyer are the parties to that certain Offer to Buy Real Estate and Acceptance dated July 23, 2013 for the sale and purchase respectively of the property located between 301 S. Dubuque Street and the Court Street Transportation Center known as Johnson County Tax Parcel #1010384014, (hereinafter the "Property "), a copy of which Offer is attached hereto as Exhibit "A "; and WHEREAS, Paragraph 5 of the Offer to Buy contains several contingencies which were to be satisfied on or before the date one - hundred fifty (150) days after formal approval of the Agreement by the City Council for the Seller; and WHEREAS, the parties have previously extended the contingency period by mutual agreement through June 10, 2014; and WHEREAS, the parties acknowledge that the Buyer is currently seeking qualification of the Property as a potential site for the University of Iowa Museum of Art; has submitted a response to the University of Iowa's Request for Information; and that if the Property is selected, there will be some administrative delays as the Board of Regents works with the Buyer to develop the plans for the redevelopment of the Property; and WHEREAS, the parties agree that as a result of the foregoing, it is in the interest of both parties to extend the contingency period to allow for the determination to be made as to whether the redevelopment of the Property shall include the Museum of Art, NOW THEREFORE, in light of the mutual consideration exchanged herein, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: The contingency period called for in paragraph 5 of the Offer to Buy Real Estate and Acceptance is hereby extended through the expiration of the first of the following to occur: a. the date one - hundred fifty (150) days following certification to the Buyer from the University of Iowa that the Property is not appropriate or is -2- otherwise no longer being considered for the University of Iowa Museum of Art; or b. the date sixty (60) days after unqualified, binding selection of the Property by the University of Iowa as including the site for the new University of Iowa Museum of Art; or c. April 1, 2015. 2. Paragraph 3 is hereby modified to require Seller to pay all Real Estate Taxes accrued through the date of Closing. Buyer shall pay all subsequent Real Estate Taxes. 3. Except as expressly modified herein, the Offer to buy Real Estate and Acceptance is hereby affirmed by the parties as if this amendment did not exist. Dated this 17th day of June 2014. CITY OF IOWA CITY A�� --- om Markus City Manager By /- -VLA-�d^ Matthew J. Hayek Mayor Attest: / ,_�� Mari n K. Karr City Clerk KF44 \R69a0250 HIERONYMUS SQUARE ASSOCIATES, LLC. By j Michael E. Ho� e President, HD f, Inc., Manager i Johns ieronymus Vice President, HDT, Inc., Prepared by: Jason Reichart, Special Projects Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5416 RESOLUTION NO. 14 -189 RESOLUTION ACCEPTING THE WORK FOR THE REMOVAL OF 2013 FLOOD - RELATED SAND AND DEBRIS FROM CITY PARK PROJECT WHEREAS, the Engineering Division has recommended that the work for the Removal of 2013 Flood - Related Sand and Debris from City Park Project, as included in a contract between the City of Iowa City and Peterson Contractors, Inc. of Reinbeck, Iowa, dated January 1, 2014, 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 RstLwrCity account # R4184; and WHEREAS, the final contract price is $38,842.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of June , 20 14 MAYOR Approved by 2 N PUZ It was moved by Botchway and seconded by adopted, and upon roll call there were: AYES: x - x - x x x x x Pweng /masterslacptwork.doc 6/14 NAYS: City Attorney's Office Mims the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 2d(3) Prepared by: Jason Reichart, Special Projects Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5416 RESOLUTION NO. 14 -190 RESOLUTION ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #9 WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Demolitions Project - Contract #9, as included in a contract between the City of Iowa City and CAJ Enterprises, Inc. of West Branch, Iowa, dated January 16, 2014, 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 CDBG account # D0813; and WHEREAS, the final contract price is $10,736.60. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17 th day of June 120 14 MAYOR Approved by ATTEST: 2 qo � • 9 *�_�� dW LERK City Attorney's Office It was moved by Botchway and seconded by Aims the Resolution be adopted, and upon roll call there were: AYES: Pweng /masters /acptwork.doc 5/14 NAYS: ABSENT: Botchway Dickens - Dobyns Hayek Mims Payne Throgmorton 2d(4) ENGINEER'S REPORT May 29, 2014 C -) I< r � . ®4, CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX wwwACgov.org City Clerk Iowa City, Iowa Re: CDBG Demolitions Project — Contract #9 Dear City Clerk: I hereby certify that the construction of the CDBG Demolitions Project — Contract #9 has been completed by CAJ Enterprises, Inc., of West Branch, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a lump sum contract and the final contract price is $10,736.60. 1 recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, -Z le - Ronald R. Knoche, P.E. City Engineer pwenglmasterslengrpt. doc 2d(5) ■•sllw Prepared by: Ed Moreno, Water Superintendent, 80 Stephen Atkins Drive, Iowa City, IA 52240 (319) 356 -5162 RESOLUTION NO. 14 -191 RESOLUTION AUTHORIZING THE PROCUREMENT OF PEBBLE QUICKLIME FOR LIME SOFTENING OF THE CITY'S DRINKING WATER. WHEREAS, pebble quicklime is needed to process the drinking water for the City of Iowa City; and WHEREAS, a bid was put out to solicit pricing for pebble quicklime as well as the other water treatment chemicals needed to process the City's drinking water; and WHEREAS, Three bids were received for the pebble quicklime; and WHEREAS, the lowest pebble quicklime bid, from Graymont Western Lime Inc., is recommended; and WHEREAS, the Graymont Western Lime Inc. product met City needs and specifications; and WHEREAS, the purchase price of the pebble quicklime is $231,200, which exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and WHEREAS; funds for this purchase are available in account # 73730120 - 463060; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate the purchase. Passed and approved this 17th day of June 120 14 . TERM Approved by ATTEST: CITY C RK City Attorney's Office Resolution No. 14 -191 Page 2 It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton CITY OF OF IOWA CITY Z �`� MEMORANDUM '- Date: June 11, 2014 To: City Manager From: Jeff Davidson, Economic Development Administrator Re: Harrison Street storm sewer and streetscape Introduction: MidWestOne Bank is constructing a new office building at the intersection of Harrison Street and Clinton Street in Riverfront Crossings. This necessitates the construction of a new storm sewer in the Harrison Street ROW and implementation of streetscape elements that are called for in the Riverfront Crossings Master Plan. History /Background: Harrison Street will be reconstructed by the City upon completion of the MidWestOne Bank building project. It was originally intended for the storm sewer to be part of this project. It was subsequently determined that the storm sewer needs to precede the street reconstruction so that the new office building can be occupied upon completion. Discussion of Solutions: MidWestOne will construct the storm sewer prior to the street reconstruction and be reimbursed by the City based on actual cost up to an amount not to exceed $46,300. As part of this agreement MidWestOne agrees to construct streetscape elements consistent with the Riverfront Crossings Master Plan along the frontage of the new bank building and maintain them into perpetuity. The estimated expense of the streetscape elements is $51,949. Financial Impact: The City obligation for the storm sewer shall not exceed $46,300. Recommendation: Proceed with cost sharing as outlined. Prepared by: Sara Greenwood Hektoen, Assistant City Attorney, 410 E. Washington, Iowa City, Iowa 52245 Resolution No. 14 -192 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH MIDWESTONE BANK FOR STORM SEWER AND STREETSCAPE IMPROVEMENTS TO THE 100 BLOCK OF HARRISON STREET WHEREAS, MiclWestOne Bank (hereinafter "Owner's is undertaking the construction of a building on 500 E. Harrison Street, Iowa City, Iowa; and WHEREAS, Owner desires to install certain streetscape improvements within the adjacent right - of -way that are beyond that typically installed and maintained by the City; and WHEREAS, there is currently no storm sewer system within the adjacent Harrison Street right - of -way and Owner is willing to install such system in conjunction with this project; and WHEREAS, the Department of Public Works previously reviewed and approved a temporary right -of -way closure for the building construction, and entered into an agreement therefor; and WHEREAS, the Department of Public Works has also reviewed the request to install additional streetscape improvements within the adjacent right -of -way, and finds them to be in the public interest and manageable intrusions into the public right -of -way; and WHEREAS, the City Forester finds the request to install additional streetscape improvements within the right -of -way to be generally acceptable, on the condition that Owner maintains such improvements; and WHEREAS, the City finds it reasonable to reimburse Owner for the cost of improving the public storm sewer infrastructure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest an Agreement for Storm Sewer and Streetscape Improvements with MidwestOne Bank in a form approved by the City Attorney. Passed and approved this 17th day of June MAYOR ATTEST: CITY tEERK 2014. Approved by City Attorney's Office Resolution Into. 14 -19 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton AGREEMENT FOR MAINTENANCE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, FOR A PORTION OF CLINTON AND HARRISON STREETS IN IOWA CITY, IOWA. This Agreement is made by and between MidWestOne Bank, and the City of Iowa City, Iowa, a municipal corporation, (hereinafter referred to as "City'. WHEREAS, MidWestOne Bank (hereinafter "Owner') is undertaking the construction of a building on real estate it owns located at the northeast corner of Clinton and Harrison Streets; and WHEREAS, Owner desires to install certain streetscape improvements within the adjacent right - of -way that are beyond that typically installed and maintained by the City; and WHEREAS, there is currently no storm sewer system within the adjacent Harrison Street right - of -way and Owner is willing to install such system in conjunction with this project; and WHEREAS, the Department of Public Works previously reviewed and approved a temporary right -of -way closure for the building construction, and entered into an agreement therefor; and WHEREAS, the Department of Public Works has also reviewed the request to install additional streetscape improvements within the adjacent right -of -way, and finds them to be in the public interest and manageable intrusions into the public right -of -way; and WHEREAS, the City Forester finds the request shown on Exhibit A within the right -of -way to Owner maintains such improvements; and to install additional streetscape improvements be generally acceptable, on the condition that WHEREAS, the City finds it reasonable to reimburse Owner for the cost of improving the public storm sewer infrastructure. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, OWNER AND THE CITY AGREE AS FOLLOWS: 1. Owner shall install a storm sewer within the Harrison Street right -of -way adjacent to that property described as Block 8, Lot 8, County Seat Addition, Iowa City, Iowa, locally known as 500 E. Harrison Street. Any such work shall be done in accordance with the Iowa City Code of Ordinances, particularly Title 16, and the Agreement for Temporary Use of Public Right -of -Way recorded in Book 5180, Page 286 in the records of the Johnson County Recorder. 2. Once the storm sewer installation is complete and the work accepted by the City Engineer, the City shall reimburse Owner up to $46,300 for the cost of constructing such public improvement. Owner shall provide invoices for such amounts and proof of payment upon request by the City. 3. The City hereby grants Owner the right to install certain streetscape improvements, as generally shown on the attached Exhibit A and listed on the attached Exhibit B, on the condition that Owner obtains approval from the City of the detailed plans prior to installation of such improvements. The timing of such installation shall be coordinated with the City, which intends on reconstructing Harrison Street, including the installation of parallel parking spaces therein, tentatively scheduled to be done during the 2015 construction season. 4. In consideration of the City's promises herein, Owner shall be responsible for the on -going maintenance of all property outside the lot and property lines and inside the curb lines upon the adjacent public streets, except that City shall be responsible for the removal of diseased trees or dead wood within the right -of -way. In the event that Owner fails to perform such maintenance, the City may the City may perform these maintenance obligations and assess the costs thereof to Owner or its successor in interest in accordance with Iowa Code Section 364.12(e). 5. Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and use of the public right - of -way under this agreement, and those of its contractors, subcontractors, agents, employees and assigns specifically including any and all claims and /or liabilities which may be alleged against the City as a result of its decision to allow Owner to temporarily close and /or use a portion of right -of -way adjacent to its property described herein. Owner further agrees to carry Class II liability insurance in the minimum amounts of $1 million each occurrence, $2 million aggregate bodily injury, and $500,000 aggregate property damage with contractual liability coverage included. Owner shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. 6. Owner agrees that no property right is conferred by this grant of permission to use the public right -of -way; that the City is not empowered to grant a permanent use of its right -of- way for private purposes. 7. This agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties 8. This agreement shall be recorded in the Johnson County Recorder's Office at Owner's expense. --� Dated this day of ' J u n Pe.. , 2014. CITY OF IOWA CITY OWNER By: Matthew J. Hayek MidWestOne Bank �aa��i�os�t� CEO Mayor .-^�,, / e000\ \Ot19 ATTEST: / L/j�.s.c9� ��' �����:'' • •'�'.j'« App oved by: Mari K, Karr : •a • .�'•, city Clerx =` ? City Attorney's Office If /V 'f '•.,, �� fib!! CITY ACKNOWLEDGEMENT STATE,Q,F IOWA ) ss: JOHNSON COU ) On this day o Notary Public in and for the State owa known and who, being by me duly s Iowa City, Iowa; and that the instrument execution of the instrument is his volunta corporation, by it voluntarily exe d. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) personally , did savJ act an _, 2014,'P_ e me the undersigned, a appearedTom Markus, to me personally he is the City Manager of the City of on behalf of the corporation, and that the -ed and the voluntary act and deed of the Notary Public in and for the Slaw of Iowa My commission expires: OWNER ACKNOWLEDGEMENT T 's instrument was acknowledged before me on�-�- L 2014 by i� oil- -(name of person) as `t- (type of authority, e.g, officer, trustee, etc.) of MidwestOne B Notary Pubic ' a -f6t 7ate-of Iowa 'IfZ i 6 My Commission expires: � tt 1 "l i 1 14 CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 17411 day of v- e- 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. 1e��u r KELLIE K. TUTTLE —�— z ,'. .Commission Number 221819 • my S expires Notary Public in and for the State of Iowa 10. .. C 0 �2 0 a v W W Ix EXHIBIT �. . .. 133tltS NOINno HMOS z 0 z z z !�1 Z NEUMANN MONSON = :_ - M EXHIBIT � OnePiace at Riverfront Crossings Streetscape Improvements Estimate from MLC (11.19.2013) Paving: Sidewalks Sidewalks $ 12,168.00 Granular Subbase (4") $ 3,840.00 Colored Exposed Aggregate Banding $ 9,300.00 Black Sidewalk $ 11,640.00 Landscape * Breakout opinion of cost from Plantings $ 10,891.00 MLCestimate Site Improvements * Breakout opinion of cost from Bike Racks $ 4,110.00 MLCestimate Total $ 51,949.00 221 EAST COLLEGE STREET SUITE 303 IOWA CITY, IOWA 52240:319-338.7878 418 6TH AVENUE', SUITE 209 € DES MOINES, IOWA 50309 k 515.339.7800 Ak r -- CITY OF IOWA CITY 2d(7) MEMORANDUM DATE: June 12, 2014 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Slothower Road /IWV Road Water Main Project — June 17 Introduction: This project will include the installation of new 12" water main along Slothower Road, from the existing 12 water main along Tempe Place to the existing 12" water main along Melrose Avenue. In addition, new water main will be extended along IWV Road, from the new connection at the Slothower Road /Melrose Avenue intersection to the intersection of IWV Road and Hebl Avenue. The new water main will tie into future water main along Hebl Avenue, providing a connection to the landfill. History /Background: The existing water mains along Melrose Avenue and Tempe Place currently terminate as dead ends, making customers in these areas susceptible to water outages if a main break were to occur. Providing a connection between these two lines provides a loop connection, which would provide the ability to maintain water flow from another direction in the case of a main break. Discussion of Solutions: An agreement has been negotiated with McClure Engineering Company to provide engineering services for completion of the project design and construction documents related to the Slothower Road /IWV Road Water Main Project. Financial Impact: The not -to- exceed fee for these engineering services is $52,400, and funding will be via Water revenues and Landfill operations. Recommendation: Staff recommends approval of the engineering services consultant agreement with McClure Engineering Company at the June 17th City Council Meeting. Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5410 RESOLUTION NO. 14 -193 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MCCLURE ENGINEERING COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE SLOTHOWER ROAD /IWV ROAD WATER MAIN PROJECT. WHEREAS, the City of Iowa City desires to install new water main along Slothower Road, between Tempe Place and Melrose Avenue, and along IWV Road, between Slothower Road and Hebl Avenue; and WHEREAS, this project is expected to include the installation of new water main, hydrant assemblies, connection to existing water mains, replacement of pavement, restoration and other related work; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Slothower Road /IWV Road Water Main Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with McClure Engineering Company, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with McClure Engineering Company. WHEREAS, funds for this project are available in the Slothower Road - Melrose Water Main account #W3215 and the Water Main Extension - Melrose to Landfill account #L3220; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. 3. The City Manager is authorized to execute amendments to this contract as they may become necessary. Passed and approved this 17th day of June -,20 14 MAYOR ATTEST: CITY RK Approved by �/• , City Attorney's Office Resolution No. 14 -193 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17 day of June , 2014 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and McClure Engineering Company, of North Liberty, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires to install new water main along Slothower Road, between Tempe Place and Melrose Avenue, and along IWV Road, between Slothower Road and Hebl Avenue; WHEREAS, the City desires to secure the services of the Consultant to provide engineering services related to the proposed Slothower Road /IWV Road Water Main Project; NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Services provided should be further described in Attachment A, attached and incorporated herein. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The schedule of work to be performed shall conform to the schedule set forth in Attachment 8, attached and incorporated herein. Any deviations from the schedule shall be approved by the authorized City representative. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "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 -2- exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. 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 Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. -3- IV. COMPENSATION FOR SERVICES In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant the following HOURLY NOT -TO- EXCEED FEE, including design contingency, and any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment C, attached and incorporated herein. An estimated summary by -task and total of the fees is shown below. 1. Project Administration/ Coordination 2. Research and Data Collection 3. Preliminary Design 4. Final Design 5. Bid Phase 6. Construction Phase TOTAL NOT -TO- EXCEED FEE $ 6,000.00 $ 13,100.00 $ 13,800.00 $ 11,900.00 $ 4,700.00 $ 2,900.00 $52,400.00 Consultant shall bill City monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of the City's receipt of invoice. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: A Title: Mayor Date: Gfine 6, 2014 F R THE CO SULTANT By: Title: f"rdlr!CT Date: Appr e y: City Attorney's Office Date F McClure Engineering Co. Slothower Road /IWV Road Water Main Project 3314007 -00 Iowa City, Iowa ATTACHMENT "A "- SCOPE OF SERVICES Slothower Road /IWV Road Water Main Project Iowa City, Iowa The work to be performed by the Consultant under this agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to complete the watermain improvement plans for the project. The proposed PROJECT includes design of approximately 2,995 feet of new 12 -inch DIP water main along Slothower Road from existing 12 -inch water along Tempe Place to the existing 12 -inch water main along Melrose Avenue. In addition, approximately 5,205 feet of new water main will be extended along IWV Road from the new connection at the Slothower Road /Melrose Avenue intersection to the intersection of IWV Road and Hebl Avenue, where it will tie into a water main installed along Hebl Avenue under a separate City project that will provide a connection to the landfill. The size and routing of the IWV Road water main shall be based on providing adequate fire flow to the landfill. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: 1. Project Administration / Coordination 1.01. Internal Coordination The CONSULTANT shall perform project administration items such as project schedules and budgets, invoicing and progress reports. 1.02. External Coordination The CONSULTANT shall coordinate and assist in coordination with Johnson County, private utility interests, public interests, private property owners, and regulatory agencies. The CONSULTANT will send letters to affected residents and businesses informing them of the upcoming project; letters will contain a brief description of the project, and anticipated construction schedule. The CONSULTANT will respond to questions from interested parties. 1.03. Kick -Off Meeting The CONSULTANT shall conduct a Kick -Off Meeting between our the CONSULTANT'S team and CITY staff. The project scope already identified by your staff will be reviewed, discussed and refined as needed to clearly define the objectives of the project. 1.04. Project Status Reports The CONSULTANT will provide the CITY with project updates on a two week basis. If design work is not progressing in a manner to comply with the anticipated completion date, the CONSULTANT will provide a brief summary of the actions to be taken to reduce or eliminate delays to allow completion of the design in accordance with the agreed upon schedule. Additionally, the update shall include a list of any project related items or information to be provided by the CITY with a desired response date noted. C: \Users\jhavel \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.outlook \E2PD4A3J \agr - Page 1 140610 - 3314007 -Alta ch me nts_J u ne_17_Awa rd. d ocx McClure Engineering Co. 3314007 -00 Slothower Road /IWV Road Water Main Project Iowa City, Iowa 1.05. Project Review Meetings The CONSULTANT will hold Project Review Meetings with the CITY at the 30 %, 60% and 90% complete stages of design to review the overall progress of the project and discuss key design decisions. 1.06. Internal QA /QC Reviews Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. Deliverables: • Contract for Consulting Services • Team Charter • Meeting Minutes • Monthly Invoices • Two -Week Progress Reports 2. Research and Data Collection 2.01. Property Owner Research This task includes the collection of the Assessor's parcel maps including property lines and property ownership information and any development agreements, and the creation of a database used for notification mailings, and other information related to the Project. This database will be coordinated with the information obtained from the property owners and residents. The CITY shall provide aerial photographic and other available mapping of the Project area. 2.02. Utility Research The CONSULTANT will perform research to gather additional information on existing utilities in the project areas. Inquiries will be made regarding the future needs and plans of all utilities in the project area relative to repair or replacement of existing utilities or relative to future planned facilities in the area. 2.03. Design Survey The CONSULTANT will perform field and office tasks to collect information pertaining to existing utilities, and detailed information pertaining to the location of surface and sub - surface features within the project area. The base mapping will include full right -or -way width topography including surface features within the project limits, and utility information from both maps and verified by field locates within the project limits. The CONSULTANT will determine the elevation of all storm and sanitary sewers and, to the extent possible, without excavation, the elevation of underground utilities within the project area. Utilities in the corridor will be located to Subsurface Utility Engineering (SUE) Quality Level C, depending upon utility company cooperation. The CONSULTANT will establish horizontal and vertical control for the Project area. Each permanent control point or benchmark will have horizontal coordinates or elevation, recovery information and monument description. Accurate descriptions of the traverse points will be C: \Users\ihavel \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.0utlook \E2PD4A3J \agr - Page 2 140610 - 3314007 - Attachments June 17 Award.docx McClure Engineering Co. 3314007 -00 Slothower Road /IWV Road Water Main Project Iowa City, Iowa created and recorded on the plan sheets. Horizontal control will be in state -plane coordinates (NAD 83) and vertical control per USGS datum (NAVD 88). 2.04. Soil Boring Coordination The CONSULTANT will prepare request for proposals and obtain bids from Geotechnical Firms for completion of geotechnical investigation of the proposed project corridor. The geotechnical investigation will provide soil boring logs, ground water information, bedrock depths, and corrosive nature of existing soils. Additionally, the suitability of the in situ soil for use as bedding and backfill material will be evaluated for the Project. A geotechnical investigation report provided by the selected Geotechnical Firm will be included with the final bidding documents. The geotechnical investigation shall be a separate contract between the CITY and the Geotechnical Consultant. Costs for the geotechnical investigation shall be paid by the CITY. Deliverables: • Research Documents in PDF format • Topo, Utility, and Property Surveys in AutoCAD format • Geotechnical Investigation Report (by others) Preliminary Design 3.01. Water Modeling The CONSULTANT will review and use the CITY's existing water model (Water CAD based model is assumed) to evaluate the proposed improvements for flow, pressure, and water age under proposed current and future conditions (i.e. fire flow, minimum day demand, average day demand, and peak day demand). The water model results will be used to confirm the size of the proposed water mains. The CITY'S model is anticipated to be current. Therefore, no real time (or field measured) flow and pressure testing to confirm and /or calibrate the City's existing model is assumed to be provided. 3.02. Water Main Alignment Alternative Technical Memo The CONSULTANT shall develop an Alignment Alternative Technical Memo to determine the least cost / least impact recommendation for the water main alignment. The CONSULTANT will review and evaluate impacts on existing utilities, storm and sanitary sewers, existing or proposed sidewalks, and existing or proposed streets & curbs. Preferred alignments will be in accordance with CITY Design Standards; however, existing utilities, trees, or other geographic features may dictate an alternate alignment. The CONSULTANT will submit a DRAFT Technical Memo for review and two copies of the final Technical Memo after the review has been completed. C: \Users\Ihavel \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.0utlook \E2PD4A3J \agr - Page 3 140610 - 3314007 - Attachments June_17_Award.docx McClure Engineering Co. 3314007 -00 Slothower Road /IWV Road Water Main Project Iowa City, Iowa 3.03. Preliminary Plan Preparation MEC will utilize the base maps prepared in the Data Collection task to prepare preliminary plans. The plans will be in substantial compliance with the approved Technical Memo. Included in this task will be the following: a. Preliminary plan and profiles for the proposed facilities. b. Preliminary centerline plan and profile of anticipated future road centerline for Slothower and IWV roads within the project corridor based on the anticipated future cross sections and road classification. This will be utilized in the determination of the final alignment of water main to minimize relocation and /or depth of cover issues with transmission main in the future. c. Identify constraints or conflicts which affect the anticipated cost of the proposed facilities. d. Preliminary traffic control plan. e. Preliminary construction cost opinion. f. Draft contract and construction documents. Deliverables: • Summary Letter Report of Water Model Recommendations • Water Main Alignment Alternative Technical Memo • Preliminary Plan & Profiles of Proposed Facilities • Preliminary Centerline Plan and Profile of Anticipated Future Road Centerline • Preliminary Traffic Control Plan • Preliminary Construction Cost Opinion • Draft Contract and Construction Documents 4. Final Design 4.01. Quality Review by Design Team The CONSULTANT will perform a quality review, including a site walk through and input from property owners, when appropriate and coordinate with utilities. A thorough plan review will also be included in this step. 4.02. Check Plans Preparation (90 %) The CONSULTANT will refine the Preliminary Plans to create a 90% Check Plans for City review and approval. The plans will be prepared in substantial conformance to the Preliminary Plans prepared for this project and shall address the comments of the CITY staff as well as utility providers, Johnson County Engineer, and individual property owners where applicable. All material prepared under this phase of work will receive final approval and review by CITY prior to preparation of Final Plans. 4.03. Opinion of Probable Construction Cost The CONSULTANT will prepare a final opinion of probable construction cost for the project. The final opinion of probable construction cost will be based on representative major project elements and recent bid information. The final opinion of probable construction cost will be based on the final plans as approved by the CITY and filed with the City Clerk. C: \Users\jhavel \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.0utlook \E2PD4A3J \agr - Page 4 140610 - 3314007- Attachments_1 u ne_17_Awa rd. docx McClure Engineering Co. 3314007 -00 Slothower Road /IWV Road Water Main Project Iowa City, Iowa 4.04. Construction Phasing Plan The CONSULTANT will prepare a construction - phasing plan as necessary to allow construction activities to be completed in a manner to reduce or eliminate conflicts with other activities and to maintain convenient access to properties adjacent to the project site in a reasonable manner. The phasing plan will address lane closures (if required) and the length of time for each closure. 4.05. Final Bidding and Construction Documents The CONSULTANT will prepare the final bid documents for bidding the project. Bid documents shall include: bidding requirements, contract documents, technical specifications, and construction drawings for bidding of the project. 4.06. Permit Applications The CONSULTANT will prepare and submit to the CITY the permit applications necessary to commence with the construction of the proposed improvements. This will include necessary Iowa Department of Natural Resources (IDNR) permits (water); IDNR NPDES permits for stormwater; and applicable Johnson County permits for construction within county right -of -way. The CITY will be responsible for permit fees. Deliverables: • 90% Check Plans, Contract Documents, and Technical Specifications Engineer's Opinion of Probable Construction Cost • Construction Phasing Plan • Final Bidding and Construction Documents • Iowa DNR Construction Permit Schedules NPDES Permit for Stormwater (General Permit) Application Applicable Johnson County Construction Permits Applications 5. Bid Phase 5.01. Soliciting Bids The CONSULTANT will assist CITY in soliciting bids for the project. The CONSULTANT will produce and distribute the final construction documents to the contractors and suppliers. 5.02. Pre -Bid Meeting The CONSULTANT will conduct a Pre -Bid meeting at the CITY's facility during the bidding period in order to discuss unique aspects of the project. 5.03. Plan Clarification and Addenda The CONSULTANT will answer questions during the bid period and prepare all necessary addenda prior to receiving the bids. 5.04. Recommend to Award The CONSULTANT will prepare documentation for recommendation to award the construction project. Deliverables: C: \Users\jhavel \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.outlook \E2PD4A3J \agr - Page 5 140610 - 3314007- Attachments_1 u ne_17_Awa rd.docx McClure Engineering Co. 3314007 -00 Slothower Road /IWV Road Water Main Project Iowa City, Iowa • Contract Addenda, as required • Tabulation of Bids • Letter Recommending Award of Contract • One (1) reproducible copy of construction drawings, including addenda, in PDF format. 6. Construction Phase 6.01. Pre - Construction Meeting The CONSULTANT will attend a pre- construction meeting scheduled and held by the CITY. 6.02. Plan Interpretation during Construction The CONSULTANT will be available to discuss the project design with the CITY's project manager and the CONTRACTOR during the construction phase, at the CITY's request. ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1. Right -of -way negotiation and acquisitions 2. Report of record ownership and liens (title searches) 3. Preparation of environmental evaluation and documentation 4. Eminent domain proceedings 5. Relocation assistance 6. Right -of -way closing /recording services 7. Condemnation services 8. Construction period services (administration, observation, and survey) 9. Shop Drawing Review 10. Construction testing services Changes in Scope of Services: The City may request Additional Services from the Consultant not included in the Scope of Services as outlined. Additional services may include, but not be limited to, expanding the scope of the project and work to be completed; requesting the development of various documents; construction services; or requesting additional work items that increases the Engineering Services and corresponding costs. Upon initiation of Additional Services, the Consultant will submit the estimated cost. Such costs will be based on the current hourly rates and fixed expenses as outlined in the Consultant's attached Standard Fee Schedule. C: \Users\ihavel \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \E2PD4A3J \agr - Page 6 140610 - 3314007 - Attachments June_17_Award.docx McClure Engineering Co. Slothower Road /IWV Road Water Main Project 3314007 -00 Iowa City, Iowa ATTACHMENT "B "- SCHEDULE Slothower Road /IWV Road Water Main Project Iowa City, Iowa The Consultant shall complete the following phases of the Project in accordance with the schedule shown; assuming notice to proceed is issued by the City on or before June 18, 2014. Advertising September 5, 2014 Approximate Phase /Milestone Completion Date Contract Approval June 17, 2014 Research and Data Collection July 4, 2014 Preliminary Design July 18, 2014 Final Design August 15, 2014 Council Approval of Plans and Specs, Set Public Hearing September 2, 2014 Advertising September 5, 2014 Public Hearing September 16, 2014 Project Letting October 8, 2014 Recommend Award at Council October 21, 2014 Start Construction November 2014 If notice to proceed is given at a later date, time of completion shall be extended accordingly. C: \Users\ihavel \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.0utlook \E2PD4A3J \agr - Page 7 140610 - 3314007 - Attachments June 17 Award.docx McClure Engineering Co. Slothower Road /IWV Road Water Main Project 3314007 -00 Iowa City, Iowa ATTACHMENT "C "- STANDARD RATES Slothower Road /IWV Road Water Main Project Iowa City, Iowa McCLURE ENGINEERING COMPANY HOURLY RATE SCHEDULE- 2014 (Effective through December 31, 2014) PERSONNEL HOURLY RATE Administrative Assistant (AA) $55.00 Engineer II (E -II) $115.00 Engineer I (E -1) $145.00 Registered Land Surveyor $145.00 Principal $175.00 Senior Principal $195.00 Engineering Technician (ET) $90.00 Cad Technician (CT) $65.00 Senior On -Site Representative (OSR) $85.00 On -Site Representative (OSR) $75.00 Survey Crew $155.00 Crew Chief (CC) $85.00 Crew Member (CM) $70.00 MISCELLANEOUS EXPENSES Survey Vehicle Mileage $0.75 /Mile Automobile Mileage $0.55 /Mile Plans $0.12/Sq. Ft. Vellums $0.50 /Sq. Ft. Out -of- Pocket Expenses (Meals, Hotels, etc.) At Cost + 10% Large Format Color Prints $5.00 /Sq. Ft C: \Users\ihavel \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.0utlook \E2PD4A3J \agr - Page 8 140610 - 3314007 - Attachments June 17 Award.docx r CITY OF IOWA CITY 2e(6) M MEMORANDU D ATE: June 12, 2014 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Wade Street Water Main Replacement Project — June 17, July 15 and August 19 Introduction: The Wade Street Water Main Replacement Project will install new 8 -inch water main along the west side of Wade Street, from Muscatine Avenue to Wayne Avenue. History /Background: This project will include the installation of a new 8" DIP water main which will replace an existing 6" cast iron water main that has a history of breaks. These improvements also fall within the Towncrest redevelopment area. Discussion of Solutions: Design of the proposed water main considered the condition and capacity of the existing water main, as well as anticipated future demands. The locations of other existing utilities, both public and private, were also examined, and the final alignment was placed under the sidewalk on the west side of Wade Street. Financial Impact: The estimated construction cost for this project is $188,000 and will be funded with Water revenues. Recommendation: Staff recommends proceeding with the following schedule for this project: June 17 — Set public hearing July 15 — Hold public hearing August 19 — Award project to contractor Fall 2014 thru Spring 2015 — Construction Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240,(319)356-5410 RESOLUTION NO. 14 -194 RESOLUTION SETTING A PUBLIC HEARING ON JULY 15, 2014 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WADE STREET WATER MAIN REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Wade St. Water Main Replacement account #W3217. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 15th day of July, 2014, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 17th day of June 20 . MAYOR ATTEST: CITY CL RK Approved by x�- �- City Attorney's Office Resolution loo. 14 -194 ]Page 2 It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton r `In= A, CITY OF IOWA CITY 2e 7JI MEMORANDUM DATE: June 6, 2014 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Asphalt Resurfacing Project 2014 Set Public Hearing — June 17, 2014 Hold Public Hearing — July 15, 2014 Award Project —August 19, 2014 Introduction: This agenda item begins the bidding process for the Asphalt Resurfacing Project 2014. History / Background: This is a recurring maintenance project that concentrates on asphalt resurfacing and chipsealing at various street locations. Work on this project also includes repair of curb and gutter as needed and replacement of curb ramps to current ADA standards. Discussion of Solution: The Asphalt Resurfacing Project 2014 will include work at the following locations: Street Milling and 3" Overlay ■ Jefferson Street from Dodge Street to 7th Avenue Chipseal Application ■ Hickory Hill Park — Trail Section ■ Taft Avenue ■ Napoleon Street ■ South Wastewater Treatment Plant Access Road Financial Impact: The estimated cost for this project is $792,000 and will be funded with Road Use Tax Proceeds, Parks and Recreation Annual Operations, Wastewater Operations, and GO Bonds. Recommendation: Staff recommends proceeding with setting public hearing for the plans, specifications, form of contract, and estimate of cost for construction of the Asphalt Resurfacing Project 2014. The proposed project schedule will be as follows: • July 15, 2014— Hold Public Hearing on Contract Documents • August 19, 2014— Award Project • August 19, 2014 through October 2014 — Construct Project cc: Rick Fosse, Public Works Director Dave Panos, Senior Civil Engineer Prepared by: Dave Panos, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356 -5145 RESOLUTION NO. 14 -195 RESOLUTION SETTING A PUBLIC HEARING ON JULY 15, 2014 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ASPHALT RESURFACING PROJECT 2014, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Pavement Rehabilitation account # S3824. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 15th day of July 2014, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 17th day of June , 20 C . ATTEST: CITY GERK A MAYOR Approved by City Attorney's Office S: \ENG \PW\Resolulions \Project Resolutions \Setting Public Hearing\Asphall Resurfacing 2014 \Set Public Hearing Project - Asphalt Resurfacing 2014.doc Resolution loo. 14 -195 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton MATT SCHULTZ SECRETARY OF STATE June 25, 2014 Marian Karr City Clerk City of Iowa City 410 East Washington St. Iowa City, IA 52240 -1826 Re: Resolution No. 14 -196 Dear Ms. Karr, y�P"s Of /O� •. 9 FrgRY oe e OFFICE OF THE IOWA SECRETARY OF STATE LUCAS BUILDING DEs MOINES, IOWA 50319 You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary annexation of territory to the City of Iowa City which was approved by the city on June 17, 2014, have been received and accepted by this office as required by Iowa Code section §368.7. You may consider the annexation filed. Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure this territory is assigned to the correct election precinct and /or ward (if any). If you have questions or concerns about this communication, please let me know. of State's Office 321-E. 12°' St. Des Moines, IA 50315 sarah.reisetter@sos.iowa.gov Cc: Annexations, Iowa Department of Transportation Cc: Matt Rasmussen, City Development Board Administrator Phone 515- 281 -5204 Fax 515- 242 -5953 sosdowa.gov sos@sos.iowa.gov 4a Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 319 356 -5230 (ANN14- 00001) RESOLUTION NO. 14 -196 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 39.6 ACRES OF PROPERTY LOCATED AT 4701 HERBERT HOOVER HIGHWAY. (ANN 14- 00001) WHEREAS, Edward Pechous is the owner and legal titleholder of approximately 39.6 acres of land located at 4701 Herbert Hoover Highway; and WHEREAS, the applicant, Build to Suit Inc., with the consent of the owner A G R D Greenbay LLC, has requested annexation of the approximate 39.6 acre tract into the City of Iowa City, Iowa; and WHEREAS, the aforementioned property is located within the Long -Range Planning Boundary of the City of Iowa City; and WHEREAS, control of the area proposed for annexation is in the City's best interest because it will allow development in a manner consistent with the Comprehensive Plan; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2013), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott Township, the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation, and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and recommended approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: LEGAL DESCRIPTION OF TRUST PROPERTY TO BE ANNEXED: OESCRIPTID' — PROPOSED ANNEXATION PARCEL THE NORTHWEST QUARTER OF THE NOR74EAST QUAR7ER OF SECTION 7 IN TOWNSHIP 79 NORtH, RANGE 5 WEST. OF TI=E Fl!f TH PRINCIPAL MFRIDIAN. CONTAINING 39.50 ACRES, AND IS SUBJECT 70 EASEVi NTS AND RESTRICTIONS OF RECCRD. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2009) at Owner's expense. 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 17th day of June -12014. Resolution No. 14 -196 Page 2 !2 A MAYOR laoved bATTEST: a ltavtuJ�� � CITYTIERK City Attorney's Office l (t' Resolution No. 14 -196 Page 3 It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton ,. Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 319 356 -5230 (ANN14- ,. 00001) RESOLUTION NO. A R OLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 39.6 ACRE OF PROPERTY LOCATED AT 4701 HERBERT HOOVER HIGHWAY. (ANN14- 0001) WHEREAS, dward Pechous is the owner and legal titleholder f approximately 39.6 acres of land located at 470 Herbert Hoover Highway; and WHEREAS, the plicant, Build to Suit Inc., with the consen of the owner A G R D Greenbay LLC, has requested a exation of the approximate 39.6 acre tr ct into the City of Iowa City, Iowa; and WHEREAS, the afore entioned property is located withi the Long -Range Planning Boundary of the City of Iowa City; and WHEREAS, control of the rea proposed for annexaf n is in the City's best interest because it will allow development in a ma er consistent with the omprehensive Plan; and WHEREAS, pursuant to low Code 368.5 and 31 8.7 (2013), notice of the application for annexation was sent to the Johnso County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Plannl and Zoning each affected public utility, Scott Township, the Metropolitan Planning Organization f Johnso County, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have bje ted to the proposed annexation, and WHEREAS, the Planning and Zoning Co ission has reviewed the proposed rezoning and recommended approval. NOW, THEREFORE, BE IT RESOLVEY T Y COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should exed to the City of Iowa City, Iowa: DESCRIPTION - PROPOSED ANNEXATION PARCEL THE NORTHWEST QUARTER THE NORTHEAST QUARTER OR TOWNSHIP 79 MO TH, RAN E 5 WEST, OF THE FIFTH PRINCI CONTAINING 39,60 ACRES, A U IS SUBJECT TO EASEIAENTS AND R RECORD. ) BE ANNEXEI 6 n 'SECTION 7 PW---t AL MERIOIAW) -[ TRICTIGN5 Cqn Ord all necessary expense. file all necessary inson County and N O X_ 3 " �.. j i AIA 2. The City Clerk is her by authorized and directed to certify, file, an re documents as requir d by Iowa law under Section 368.7 (2009) at Own r 3. Further, the City C rk is hereby authorized and directed to certify an documents for ce fication of the population of the annexed territory to J( the State TreaZed r, said population being zero. Passed and appro this day of , 2014. STAFF REPORT To: Planning and Zoning Commission Item: ANN14 -00001 and REZ14 -00002 GENERAL INFORMATION: Applicant: Contact: Property Owner: Requested Action: Prepared by: Robert Miklo and Bailee McClellan, Planning Intern Date: April 17, 2014 Build to Suit PO Box 5462 Coralville, IA 52241 benl @buildtosuit.com 319- 512 -2322 Ben Logsdon benl @buildtosuitinc.com 319- 512 -5110 Edward Pechous 4848 4801h Street SE Iowa City, IA 52240 Annexation and rezoning Purpose: To annex 39.6 acres north of city limits and to rezone the property from County Residential (R) to Interim Development Single Family Residential (ID- RS) Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: South of Herbert Hoover Highway 39.6 acres County Residential (R) North: Residential and agricultural — County Residential (R) South: St. Patrick's Church and residential — RS -5 and County Residential (R) East: Agricultural - County Residential (R) West: Agricultural - County Residential (RMF) March 13, 2014 April 27, 2014 Build to Suit Inc., with the consent of the property owner Edward Pechous, has requested the annexation and rezoning of 39.6 acres south of Herbert Hoover Highway and north of 4330 St. 2 Patrick Drive. The applicant has requested the property be rezoned from County Residential (R) to Interim Development Single- Family (ID -RS). The Comprehensive Plan future land use map shows the property within the long -range boundary and identifies the property as appropriate for residential development. ANALYSIS: Annexation The Comprehensive Plan has established a growth policy to guide the decisions regarding annexations. The annexation policy states that annexations are to occur primarily through voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be reviewed under the following three criteria. The Comprehensive Plan states that voluntary annexation requests should be viewed positively when the following conditions exist. 1. The area under consideration falls within the adopted long -range planning boundary. A general growth area limit is illustrated in the Comprehensive Plan and on the City's Zoning Map. The subject property is located within the city's long -range boundary. The boundary is located approximately half of a mile east of the subject property if continuing along Herbert Hoover Highway. 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. Iowa City has a need for expanded housing options to accommodate a growing population. The Northeast District Plan identifies the subject property as an appropriate location for residential development, including single - family houses and townhouses and multi - family adjacent to Herbert Hoover Highway. Residential development of the subject property will fulfill the need for increased housing availability in Iowa City. The Comprehensive Plan encourages growth that is contiguous and connected to existing neighborhoods to reduce the costs of providing infrastructure and City services. The subject property borders the property containing St. Patrick's Church to the south which is within the City limits, and therefore it is contiguous. However in the short term the only street access will be from Herbert Hoover Highway, a county road, until such time that additional properties to the west and or the southwest and southeast are annexed and developed and streets are connected back to Scott Boulevard (Westbrook Drive or Middlebury Road) and Lower West Branch Road to the south. The Public Works Department has determined that in the interim, the cost of providing snow removal, garbage collection and recycling, is likely to be covered by anticipated revenues from development. To assure that development of this property does not impose an undue burden on the City for the cost of extending sanitary sewer and water service, staff recommends that the developer be required to cover the expense of bringing these utilities to the property. The preferred route for sanitary sewer is gravity flow across the Miller property located to the south east to connect to the trunk located in Stonebridge Estates south of Lower West Branch Road. An alternative but less desirable route would require a lift station to connect to an existing sanitary sewer line on the St. Patrick's property. As noted below the proposed zoning for the property is ID, which allows very limited development, until such time that necessary infrastructure is available to serve the property. The Comprehensive Plan and Northeast District future land use maps identify the City's intention to incorporate the subject property and the surrounding properties into the City. Infrastructure developed to serve the subject property will allow for easier connectivity of 3 future infrastructure for the surrounding properties, promoting future annexation and development of these properties. In staff's opinion annexation of the subject property is thus in the City's long -term interest for development of this area of the Northeast District and will not impose an undue burden on the City. 3. Control of the development is in the City's best interest. The property is within the Long -Range Planning boundary. It is appropriate that the proposed property be located within the city so that residents of future development may be served by Fire, Police, water, and sanitary sewer service. Annexation will allow the City to provide these services and assure that infrastructure meets City standards. Annexation will allow the City to control zoning so that it is compatible with the Comprehensive Plan. For the reasons stated above, staff finds that the proposed annexation complies with the annexation policy. Compliance with Comprehensive Plan The Comprehensive Plan and the Northeast District Plan show future land -use maps show the subject property appropriate for low- density single - family residential development with the possibility of townhouses north of St. Patrick's Church and townhouses and small apartment buildings adjacent to Herbert Hoover Highway. The property is currently zoned County Residential (R). The applicant has requested that the property be rezoned to Interim Development Single- family Residential (ID -RS). The Interim Development zone is appropriate for undeveloped areas until the city is able to provide city services and a more detailed zoning plan is developed consistent with the Comprehensive Plan. Infrastructure Sewer and Water The developer will be required to connect the infrastructure for sewer and water for the subject property to the existing city infrastructure. As noted above there are two possible routes for sanitary sewer service. Water service will require an extension of a line along Herbert Hoover Highway. No development will be possible until the applicant provides for extension of these utilities. Streets Herbert Hoover Highway serves as the arterial street connecting the subject property with the rest of Iowa City to the west; it is currently is not built to city standards. Although the pavement is in reasonable condition, there is no curb, gutter, storm sewers or sidewalks. The Subdivision Code gives the City the discretion to approve development on roads that do not meet City standards, provided the developer contributes to the cost of improving the street in the future. For arterial streets the fee is 12.5 % of the cost for improving the street based the City Engineers estimate. The applicant will also be required to dedicate any additional right -of -way necessary to bring Hebert Hoover Highway to arterial street standards (50 feet for the south half of right -of -way). Payment of these fees and dedication of right -of -way will need to a part of the developer's agreement at the time the property is platted. One of the issues that the City has had to deal with in the past when we have had disconnected subdivisions has been pedestrian access. We have had complaints about students not being able to walk to schools and joggers complaining that they are isolated from the rest of the city sidewalk and trail system. In two areas we had to put in temporary trails to connect subdivisions to the schools and the larger sidewalk network. To address this staff recommends that at the time of subdivision approval the developer propose a plan to provide at least a temporary sidewalk connection, either along Herbert Hoover Highway or across the St. Patrick's property to Lower West Branch Road. 4 There is a future street right -of -way running east and west on the property to the south of the subject property that has been dedicated to the development of a collector street that will connect the subject property to current and future adjacent neighborhoods. The Northeast District Plan shows a concept plan for future development of the subject property that includes a series of collector streets that would provide connectivity within the development of the subject property and to the surrounding areas. Prior to development the applicant will submit a subdivision plat showing how the street pattern will be designed for this property including connections to adjacent properties. Environmentally Sensitive Areas There is a drainage way in the center of the property with a stand of trees that could potentially contain regulated slopes and other areas regulated by the Sensitive Areas Ordinance. The sensitive areas on the property will be further evaluated when the property is subdivided. STAFF RECOMMENDATION: Staff recommends approval of ANN14 -00001 and REZ14- 00002, annexation of approximately 39.6 acres and a rezoning from County Residential (R) zone to Interim Development Single- family Residential (ID -RS) zone for the property located south of Herbert Hoover Highway subject to a Conditional Zoning Agreement requiring that the developer provide at least a temporary pedestrian access route to the city sidewalk system at the time of development. ATTACHMENT: Location Map Approved by: 7,v4, John Yapp, Development Services Coordinator Department of Neighborhood and Development Services ppdadmin \sffrep \template. doc ®..� CITY OF IOWA CITY MEMORANDUM Date: April 25, 2014 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner Re: ANN 14-00001 /REZ1 4-00002 Herbert Hoover Highway Annexation The Commission requested information about traffic counts on Herbert Hoover Highway and the how this property may develop in the context of other properties between Scott Boulevard and Taft Avenue. The attached Lindemann Hills Neighborhood Plan from the Northeast District Plan illustrates how a network of collector and local streets may develop in the area between Scott Boulevard and Taft Avenue. The illustration is intended to be a conceptual guide for evaluating development proposals rather than an exact plan for future streets. Some key points illustrated by the plan include the use of the stream corridors as open spaces that will extend the trail network from south of Lower West Branch Road north to Herbert Hoover Highway. One of these stream corridors is adjacent to the eastern edge of this property. The plan also shows two north /south streets that lead to Frauenholtz - Miller Park, which is intended to serve as a focal point for the neighborhoods located on either side of Lower West Branch Road. One of these north /south streets would be partially located on the subject property and would provide a connection between Herbert Hoover Highway and Lower West Branch Road. The other is just to the west of the subject property. An east/west connection is shown on the north side of the St. Patrick's property to connect to these two streets and to provide circulation through the neighborhood. Although initially we anticipate that street access to the subject property will be only from Herbert Hoover Highway, as additional properties are annexed and developed over time the street network will connect this property to the larger neighborhood. Development proposals will be reviewed to assure that they comply with the open space and street network concepts illustrated in the Northeast District Plan to ensure the neighborhood connectivity envisioned in the Comprehensive Plan. The attached memo from Kent Ralston, Acting Transportation Planner, provides information about the traffic counts on Herbert Hoover Highway and indicates that there is sufficient capacity for development of this property. Speed limits will be reviewed as development occurs. Attachments: 1. Lindemann Hills Neighborhood Plan 2. Memo from Kent Ralston oil Ail .I O % .. ,1 M '° � \ \C � � 1♦ _ � 11111. ! ��� ■■fir• .c..0 '� o 2 _ oz _ u 0 x a o z? m ov,a v m m � r N Z _t I I 4 CITY OF IOWA CITY MEMORANDUM Date: April 23, 2014 To: John Yapp; Development Services Coordinator From: Kent Ralston; Acting Transportation Planner LO— Re: Herbert Hoover Highway — Average Daily Traffic & Capacity Traffic counts administered by the Iowa Department of Transportation in 2010 show an average annual daily traffic (AADT) volume of 5,500 vehicles per day on Herbert Hoover Highway - east of Scott Boulevard. The AADT figure is well below the operating capacity of a two -lane arterial street (approximately 16,000 vehicles per day) and should not alone exclude future access points to the corridor from being considered. As future land -uses are proposed, staff will need to analyze the impact of any additional traffic to the corridor. The analysis will ensure that necessary transportation infrastructure be provided and that posted speed limits are appropriate. Potential infrastructure to be considered should include, but not be limited to, sidewalks, traffic signals and other traffic control, and dedicated turn lanes. I would be happy to review more detailed plans as they become available. Please let me know if you have any questions. PLANNING AND ZONING COMMISSION APPROVED MAY 1 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: Jason Harder, Greg Zimmerman RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6 -1 (Martin voting no) to recommend approval of ANN14- 00001/REZ14- 00002, an annexation of approximately 39.6 acres and rezoning from County Residential (R) zone to Interim Development Single Family Residential (ID -RS) zone for the property located south of Herbert Hoover Highway subject to the Conditional Zoning Agreement (CZA) requiring that the developer provide at least a temporary pedestrian access route to the City sidewalk system at the time of development. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Annexation /Rezoning Item ANN 14 -00001 /REZ14 -00002 Discussion of an application submitted by Build to Suit for an annexation of 39.6 -acres and rezoning from County Residential (R) zone to Interim Development Single Family Residential (ID -RS) zone located at 4701 Herbert Hoover Highway. Miklo responded to questions raised at the previous meeting regarding this application. He said that there are approximately 5,500 vehicles per day on Herbert Hoover Highway. He referred to a memo from Metropolitan Planning Organization, Transportation Planner, indicating that the road had sufficient capacity to accommodate additional traffic. He noted that as development occurs the speed limit on Herbert Hoover Highway will be reviewed. Miklo also showed a map from the Comprehensive Plan, Northeast District Planning, illustrating a concept of how a street network may develop in the area. He said that it is anticipated that this property will initially have access only from Herbert Hoover Highway, but as adjacent Planning and Zoning Commission May 1, 2014 Page 2 of 7 properties area annexed, additional street connections will be made to provide access back to Scott Boulevard on the west, Lower West Branch Road on the south and Taft Avenue on the east. Miklo reiterated staff's recommendation to approve the annexation and rezoning to Interim Development (ID) conditioned upon a pedestrian connection being provided between future development and the public sidewalk system. Freerks opened public discussion. Jason Harder, representing the applicant, addressed the question raised at the previous meeting regarding why this property is being annexed before other adjacent properties. He showed a map and described the ownership pattern. He said that he had spoken with many of the owners and found that for various reasons they were not wishing to be annexed. He said that when this property develops he will be required to extend infrastructure from the west and or south to provide sanitary sewer and water service. Once those lines are in place it may be more likely that there may be interest in developing other properties in the area. Eastham asked about the developer's plans for complying with the Comprehensive Plan's policy for a mix of housing. Harder said that after looking more closely at the Comprehensive Land Use Plan they realize that there is more density to comply with what the City wants and that gives them more opportunity to spread costs. Eastham asked about the applicant's plans for pedestrian and vehicle access. Harder said in the short term vehicle access will be off Herbert Hoover Highway, which does have the capacity to handle the additional traffic. He said they will provide access to the adjacent properties in a manner consistent with the Comprehensive Plan. He said that the sixty foot easement along the church adjacent to the subject property is not suitable for a road so they have tried to relocate that to match up with the Land Use Plan. He said once the church finishes expanding its parking lot, the applicant will meet with them again to see if all parties agree to providing a pedestrian path across the church's property. Greg Zimmerman said he owns the property just to the east of the subject property and he has concerns about wild life and the development not fitting in with the rest of the neighborhood. He said that two years ago he was denied a new driveway to his property for farm equipment. The County claimed it wasn't feasible because of how busy Herbert Hoover Highway is. He said but now the City Engineer is saying that the highway can handle the added traffic of a development. He said he has talked to a person with years of real estate appraisal experience who says that this kind of leap frog development is almost always a bad idea, and he cited a number of reasons why that is. He said he thinks sewer and infrastructure should be in place before any construction begins. He said the City likes these kinds of projects because of the taxes up front, but all sorts of problems result in the long term. Harder said they have to prove how infrastructure will work before development begins. Freerks closed public discussion. Thomas moved to recommend approval of ANN14- 00001 /REZ14- 00002, an annexation of approximately 39.6 acres and rezoning from County Residential (R) zone to Interim Development Single Family Residential (ID -RS) zone for the property located south of Herbert Hoover Highway subject to the Conditional Zoning Agreement (CZA) requiring that the developer provide at least a temporary pedestrian access route to the City sidewalk system at the time of development. Swygard seconded. Planning and Zoning Commission May 1, 2014 Page 3 of 7 Eastham stated that the renters of the house on the northwest corner of the subject property had expressed an interest in long -term residence and had added value over the years, and he didn't see why that one small corner of the subject property needed to be annexed. Hektoen -Green said the terms of the lease agreement are private between the property owner and the tenant. Freerks reminded the Commission that what they are looking at tonight are the three criteria for annexation and the rezoning. Eastham asked for clarification about the City's Zoning Ordinance and if a landowner has the right to annexation. Greenwood Hektoen said the Commission has to find a reason not to grant annexation. Freerks said the Commission would lay out reasoning behind why they would do something if they would be compelled not to do it they would need to outline why it doesn't meet the criteria. Eastham said he's not happy with the notion that the City is potentially setting itself up for having a residential development with its sole vehicular access from a significant highway. He said he has concerns about periods when the speed limit remains high, and to him that's a potential safety issue. He said he would appreciate more clarity and firmness on the ID -RS zoning condition that provides for pedestrian access, which will occur before residential development. Miklo stated that was not the staff's intent. He said that the intent is that pedestrian access would be provided when the subject area develops. He said it will depend on where the development begins within this property. Eastham asked for clarification about what happens if the County doesn't agree to having pedestrian access along the highway. Freerks said then the development won't occur. Greenwood Hektoen said for the rezoning the Commission needs to consider public health, safety, and welfare. Freerks said she sees both sides in this annexation but the neighborhood is an area that's developing and it's not completely out of sync to take this property and bring it into the city and the other pieces will fall into place over time. She said although they won't discuss it tonight, how it develops and connects is of great interest to the Commission. She said they want to see growth in the eastern part of Iowa City and want to see it done well. She said although they can't tell the developer how to do things, it would be nice to integrate parts of the country into the development, leaving wooded areas intact and take neighbors and the greater community into consideration. Martin said she agrees that the city is moving in this direction and it's a great space for development, however, she feels this is a micro - cosmic way of looking at it rather than seeing the bigger picture. She said there are still many questions and maybe it's not the right time yet for this particular parcel. Freerks countered that this is just a first step and a lot of other work and investigation have to be done. Thomas asked if the City could explore a transfer development right in regards to the resident living on the property now meaning that City would decree how many dwellings could be developed on this property because of its size and the consideration of keeping that existing residence in place we preserve the right of the property owner to develop to the fullest. Miklo Planning and Zoning Commission May 1, 2014 Page 4 of 7 explained that when you do a CZA you have to have a reason that's in the public interest to impose those conditions. Freerks said there have been situations where it's in the developer's agreement that they want to maintain certain structures on a property and then they are allowed to further intensify development in the rest of the area so they aren't penalized in any way. Thomas agreed and said that arguably preserving that house would be much like preserving the stone bridge to the south so if the land could be developed to its full potential while preserving that building he as a member of the public might feel there's some benefit in that. Thomas suggested that they could add language to the CZA to encourage preservation of the house and grounds. Greenwood Hektoen said she didn't think that could be done as a condition of this annexation and rezoning as there was not a public reason for the condition. Thomas said he would go on the record that the preservation of the house and grounds should be encouraged. Eastham asked if the grounds are considered a desirable feature could the City require that it be preserved. Greenwood Hektoen said if it's considered a sensitive feature that the City regulates, the City could do that. Miklo said that there was nothing historically significant about this house and the barn was in very poor condition, so it would be a stretch to require that this house be carved out of the development. Theobald said she feels that the Commission's hands are tied and she also feels a great sense of frustration because she sees that the vegetation found there is much more attractive than what you typically see in turf grass green space, and she thinks we need to broaden our definitions and look at preserving some of these wildlife habitat areas. She said she thinks there are many positive purposes for the community that the growth there can provide both in managing storm water runoff and habitat and aesthetics. Freerks said the Commission is going on record as saying that they would like to see some type of integration of keeping the natural beauty of the countryside when you develop in the countryside. She said this does meet the three criteria of annexation. Thomas asked what the width of the path would be. Miklo said likely six to eight foot, probably asphalt or concrete depending on whether it is temporary or permanent depending on where it is placed. Thomas said he would like to view this as a multi -use trail and wants to see it wide enough to accommodate bicycles. He said he is also concerned about the speeds on Herbert Hoover Highway, and if there is no change to the roadway designs, the speeds will remain at 50- 55mph. He said he would defer to the Traffic Engineers but he doesn't feel comfortable with the current speed. Swygard said it meets the annexation criteria of being in the long range planning boundary, it is contiguous and meets the minimal standard but doesn't see it connecting to an existing neighborhood, and it is in the City's best interest to it annex it if it is to be developed. She said the analysis from the last meeting specifically outlines a variety of housing options not restricted to single family, so that's something to keep in mind as that potentially comes back to the Commission. She said based on very minimal standards, she'll support this application. Planning and Zoning Commission May 1, 2014 Page 5 of 7 Eastham said this is an option he doesn't like, and all of the objections he has to this have been voiced. He said he agrees that annexing this parcel gives the City control over development, and he will carefully look at how that development occurs and who benefits and who doesn't. He said he will tepidly support annexation but wants to look at the development plan very carefully. A vote was taken and the motion carried 6 -1 with Martin voting no. Consideration of Meeting Minutes: April 17, 2014 Eastham moved to approve the minutes with minor corrections. Swygard seconded. A vote was taken and the motion carried 7 -0. ;�N= Riverfront Crossings: Miklo updated the Commission on Riverfront Crossings and its progress. He said he would like the Commission's input on two items that they hadn't discussed, regarding the addition of forecourts to certain sub - districts and alternatives to the LEED certification program as outlined in the staff memo. He would like to clarify if the Council makes these changes it will not be a concern to the Commission. After some discussion the Commission decided that they are agreeable to these changes. Walkability: Freerks said that there has been much discussion about redistricting, and she would like to propose that the Commission ask the City Council to send the Iowa City School District a letter requesting that there be some sort of walkability clause included with the diversity policy so that the City and the School District can discuss that every school, not just certain schools, have an amount of walkability, which is supported in the Comprehensive Plan and everything that they lay out — not competing against, but making sure it's a part of that so that they can support schools and walkability in our schools. She said that's something she hopes the Commission will support. Theobald said that sounds like a great idea. Eastham said he would be happy to support the notion of walkability to neighborhood schools. He said he would also like the City to be more candid in its use of its policies and practices that are trying to enhance neighborhood stabilization. He said the Community Development people wrote a memo to the City Manager that got to the school board that said the UniverCity Program was increasing stabilization in the Lucas - Governor Street area, which is perhaps true, but that stabilization is achieved by putting people who have higher incomes in those areas, not people who are eligible for FRL status. Freerks reiterated that what she is asking about is walkability. Eastham said that's fine, if it means walkability for all households. Freerks stated that is what she's asking for — walkability at every school. She said she is not singling out anything. Eastham said for all households at all schools. Planning and Zoning Commission May 1, 2014 Page 6 of 7 Freerks said she doesn't know that every house that goes to every school is walkable. She said Windsor Ridge is bussed, for example. She said what she's talking about is that every school has an area that is a walkable area, and that's important to the Comprehensive Plan and what they develop in our communities. She said she doesn't want to spell it out, but that she wants them to communicate with each other about it. Dyer said it seems that in newly developing areas that means that they also need to have diversity of types of housing. Thomas suggested that what Eastham is saying is that this walkability concept be integrated with a diversity policy. Freerks said that is what she is asking for, that to be part of it. She said she wants to make sure that it is part of the discussion. She asked if other commissioners agreed on that. Commissioners agreed. Eastham said he did as long as they are clear that what they are suggesting exactly what Thomas said. Freerks asked what he's saying. Theobald said her concern is that walkability not trumps diversity. Freerks said she's not saying that one trumps the other. She said what she is saying is that at the heart of the Comprehensive Plan, and it is supported by the Comprehensive Plan, that they have neighborhoods that have walkability and neighborhoods schools are part of that, schools and neighborhoods. She said she wants them to support that and she wants the school district to support that as well. Information packet: Thomas said in the Council packet there are often items of relevance to the Commission and he wants to know if the City could provide the Commission whatever is sent to Council that has relevance to their work. He said an email link would be sufficient. Thomas said there have been a number of pieces in the City Council information packet by the City Manager, e.g., an article entitled "Sprawl Is Not Necessarily Growth ", that relates to the Commission's work. He stated that one of the criterion for the annexation item tonight was that it would not place an economic burden on the City. He said he would an explanation how that calculation is reached, because there is a lot of literature now questioning the economic sustainability of peripheral growth. He said there is mounting concern and evidence that in the long -term many are arguing that low density residential development is not sustainable. Miklo said he could request that the City Manager copy the Commission on development - related items. Adjournment Eastham moved to adjourn. A vote was taken and the motion carried 7 -0. Planning and Zoning Commission April 17, 2014 Page 5 of 11 Theobald said this follows the Comprehensive Plan and meets the criteria. She spoke of a neighborhood in Dubuque where many properties are taking on the historic flavor that had existed, and she thinks it's very important to keep and this is a chance to do that. Dyer said she supports this but is disappointed that the proposed conservation district doesn't extend through more of Goosetown. She said it seems to fit in well with the recently upgraded park and preserving Horace Mann School. Swygard said she would agree with what the Commissioners have said. She said it definitely fits in with the City's Comprehensive Plan and preserving this area. Freerks said she agrees that it's in compliance with the Comprehensive Plan and she can think of no good reason to deny the recommendation. She said she has lived in a conservation district for quite some time and she has found it not to be a burden. She said she understands peoples' concerns, and she's glad people have come and voiced different sides of this. She said she lives in a very mixed area and the conservation district has only been a good thing. She said nothing has to happen to these properties and when they do, she thinks the right thing happens. She said it would be nice to extend further into Goosetown, and perhaps that's something that could happen in the future. She said she thinks it would be nice to have Horace Mann School as part of the designation and would like to see that happen in the future so a good partnership can occur in the community with the School District. She said she is definitely in favor of this and happy to see it happen. A vote was taken and the motion carried 6 -0 (Thomas abstaining) Annexation / Rezoning Item ANN 14- 00001 /REZ14 -00002 Discussion of an application submitted by Build to Suit for an annexation of 39.6 -acres and rezoning from County Residential (R) zone to Interim Development Single Family Residential (ID -RS) zone located at 4701 Herbert Hoover Highway. Miklo showed maps and images of the property and its location. He said this property is within the city's growth area, it will help serve the city's future demand for housing, it will not create an undue burden on the city, and it is in the interest of the city to control what happens on this property, so it meets the three tests in determining if a property is suitable for annexation. He said for these reasons staff does find that the proposed annexation complies with the policies of the Comprehensive Plan in terms of annexation. Miklo said in the future once the developer has an adequate plan to provide infrastructure the City would look at a zoning pattern that would be in compliance with the Comprehensive Plan. Miklo said for some time this property will only have street access from Herbert Hoover Highway so staff is proposing as a condition that when development occurs that there be some pedestrian link back to the city. Freerks asked about the environmentally sensitive areas. Miklo said there are two drainage ways or low points, one of which may contain a woodland. He said before the property is developed, staff will have to investigate that. He said staff has seen a rough concept of how this might be developed and those areas were shown as open space and storm water management. Planning and Zoning Commission April 17, 2014 Page 6 of 11 Eastham asked if regarding future cost to the City sewage service to this property is obtained by a lift station or gravity flow. Miklo replied that gravity flow is the preferred way to provide sanitary sewer. He said that would require the cooperation of adjacent property owners. He said a lift station would probably be a temporary situation in this case because the City anticipates this area eventually developing with a trunk line through this area, at which point the lift station could be abandoned and the sewer directed to the trunk line. Eastham said he's very concerned about sidewalk access for this property if it develops before contiguous properties develop. Miklo said the Commission and Council will have the chance to revisit that when the Interim Development ( ID) zoning is removed and changed to another zoning. He said one possibility is to put temporary sidewalks in, which staff feels is an acceptable solution until adjacent properties come into the city. Freerks opened public discussion. Jason Harder of Build to Suit, representing the applicant, responded to Freerks questioning and said they really don't have a time frame. Martin asked why the surrounding properties to the subject property are not being annexed first. Harder said he guessed it's because there are not that many property owners in this area who wish to be annexed. Greg Zimmerman, owner of the two parcels of land directly east to the subject property, said residential development in that area is not in keeping with the rest of the neighborhood from Scott Boulevard to the Interstate. He cited a study done thirty years ago by MMS Consultants where they said that if Scott Boulevard was the bypass for the trucks that would make the area from the Interstate to Scott Boulevard unsuitable for residential. He added that he's concerned about the wildlife being disrupted. Corinne Joslyn, a long -time resident of 4701 Herbert Hoover Highway, said she lives in the little house on this property and said she's concerned about the amount of traffic. She said she is sympathetic to everyone involved in this process and knew that the city would eventually move out this far. She said she's heard that the developer will tear down the barn where two Great Horned Owls have lived for years. She said the landlords always intended that she and her family live on her property, and they have done many improvements at their own cost. She said the former owners passed away before they put their wisthes in writing. She said she is very invested in the property she lives on and implored the developers to take her property last. Freerks closed public hearing. Eastham said he would personally like more time to consider among other things the fact that primary access to this property would be off Herbert Hoover Highway, which is very heavily traveled. Freerks asked if the applicant would be willing to waive the limitation period until the next meeting. Harder asked her why they wanted to do that. Freerks replied that the Commission often takes more than one meeting to make a decision, because sometimes the situation is that they need more time for thought. Harder asked for explanation of the process, which Miklo gave to him. Harder said he had no problem deferring until May 1st. Planning and Zoning Commission April 17, 2014 Page 7 of 11 Freerks said when there are many factors to consider such as sewer lines and traffic, especially with annexations, the Commission likes to take time to make sure it's the right thing to do. She told Harder that he is welcome to submit additional information before the meeting. Eastham moved to defer ANN14- 00001 /REZ14 -00002 to the Planning and Zoning Commission meeting of May 1St. Dyer seconded. Eastham said he wanted more input on the overall plan for the area between Scott and Taft in terms of access as it's developed over time and how that access will or won't use Herbert Hoover Highway. He said he would benefit from a comparison between that kind of access for a residential area and other residential areas in the city that have been annexed over the last 20 years. Freerks said she's seen many times where you have these unique places and she asked the applicant why not come up with a way to integrate them into his plan. She said it's fashionable to have something special about the place he's developing, so why not be the development next to the barn. She said she thinks that sometimes we don't stretch our minds enough about the ways existing treasures on the corners can be an asset to a place. She suggested that the applicant take some time to discuss the possibilities for these unique features and that could make something really nice happen. A vote was taken and the motion to defer carried 7 -0. Comprehensive Plan Item Public hearing for discussion of amending the Comprehensive Plan, Downtown and Riverfront Crossings Master Plan, to include a section on affordable housing. Miklo said staff has provided suggested language that would fit into the context of the Plan and how it works with the rest of the Comprehensive Plan. Freerks opened public discussion. Sally Scott of 205 Black Springs Circle said she was representing the Johnson County Affordable Homes Coalition and appreciates that there's been a response to their previous request to include an amendment about affordable housing in the Master Plan for the Riverfront Crossings. She said this area will benefit from public investment and it seems critical that there be the full range of public benefit, including affordable housing. She said they think the language of the amendment should not be limited to "City assisted projects ". She said the other issue they have is that the language regarding development incentives states they "should be considered ", but it's not clear by whom. She said they feel there should be a stronger consideration of affordable housing for all projects and a requirement for City assisted projects. Tracey Achenbach of 727 Rundell and Executive Director of the Housing Trust Fund of Johnson County said she supports the suggested language change. She spoke about some of the work her organization is doing to ensure affordable housing in this community. Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 - 5239. (SUB14- 00003) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF ROBERT'S DAIRY ADDITION, IOWA CITY, IOWA. WHEREAS, the applicant, Hy -Vee, Inc., has submitted to the City Clerk the final plat of Robert's Dairy Addition, Iowa City, Iowa, Johnson County, Iowa, for approval; and WHEREAS, the property is owned by Hy -Vee, Inc., and the City of Iowa City; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Auditor's Parcel 2014016, Iowa City, Johnson County, Iowa, in accordance with the plat thereof recorded in Plat Book 58, at Page 187, in the Records of the Johnson County Recorder's Office, lying in the Northwest Quarter of the Southwest Quarter of Section 2, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Tract of land contains 8.21 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommend approval; and WHEREAS, a dedication has been made to the public,.and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. To the extent that the City has any existing ownership interest in the real estate dedicated as public right -of -way, the City does hereby consent to such dedication. 4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense Resolution No. Page 2 of the Hy -Vee, Inc.. Passed and approved this day of '20—. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: NAYS: MAYOR Approved by City Attorney's Office and seconded by ABSENT: the Resolution be Botchway Dickens Dobyns Hayek Mims Payne Throgmorton �C To: City Council Item: SUB14 -00003 Final Plat Roberts Dairy Addition (Hy -Vee) GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Sarah Walz Date: March 25, 2014 Hy -Vee Stores, Inc. 5820 Westtown Parkway Des Moines, IA 50266 John Brehm 515 -453 -2795 Final Plat Approval Redevelopment of former manufacturing site for a grocery store and convenience store /gas station. Northeast corner of the intersection of North Dodge Street and Prairie du Chien Road 8.21 acres Planned Development Overlay, Community Commercial (OPD -CC -2) North: Residential (RS -8) South: Residential & Commercial (CC -2) East: Commercial (CN -1) West: Residential (RS -8) North District Plan: "Main Street" style retail compatible with adjacent residential. June 2, 2014 August 1, 2014 In September, 2013, City Council approved a conditional rezoning of the property to Community Commercial (CC -2) and a preliminary plat for 8.21 acres of land formerly associated with the Roberts Dairy facility to allow redevelopment of a new Hy -Vee grocery store and gas station /convenience store. As part of the proposed redevelopment, a portion of the St. Clements Street right -of -way is included as part of the plat. The City agreed at the time of rezoning and preliminary plat to vacate a portion of the existing, substandard right -of -way. A new, re- directed section of the public street is to be constructed to City standards by the applicant and dedicated to the City as part of the overall redevelopment of the property. Outlot A is to be retained by the City, retaining its P -1 designation. It contains a water pressure sensor for the City's water system (the North Distribution Pressure Sensor) that is still in use as well as a City -owned radio transmission tower. A conditional zoning agreement (CZA) requires the applicant to design and construct the site in accord with the Comprehensive Plan (North District Plan), which calls for a retail commercial development that is compatible with the adjacent residential neighborhood. The CZA includes requirements for the building elevations, parking area layout, setbacks, screening, limits on signage, driveway access, and the construction of a bus pull -off within the Dodge Street right -of- way. ANALYSIS: The final plat of Robert's Dairy Addition is in general compliance with the approved preliminary plat, and subdivision regulations. Construction drawings have been reviewed by the City Engineer and we are awaiting a corrected plat —final plat cannot be approved by City Council until construction drawings and drainage calculations are approved the City Engineer. Legal papers are being reviewed by staff and must be approved by the City Attorney. We anticipate approval of these legal papers and construction drawings before the Council meeting. STAFF RECOMMENDATION: Staff recommends approval of SUB14- 00003, the final plat of Roberts Dairy Addition, an 18.21 - acre, 2 -lot commercial subdivision located at Prairie Du Chien Road and North Dodge Street subject to approval of legal papers and construction drawings. ATTACHMENTS: 1. Location map 2. Final plat Approved by: Robert Miklo, Senior Planner, Department of Neighborhood and Development Services � � �u�iii iii • • / 106 '�- WA 11 .• ' LU 1 cn G • • • • 1 LU ma U _ O gWg V1Fv 8 3 WQ E Sz W $ul § .HI®1q d �2FSd Ui Z �~O Q m Q Ir w Q Z. LU cn N 7 Q LL., D —F� O J OOZE rZ w OFF QZQ U QZtn0 �0� O ..$ .. ..., .,.. ",. f E a 3 aFq, 6 0 $ s N g O Z _0 F— ,c 0 L < z ^i D a- O Q Q Z _Z0o LL U) F-1 a MW W ON ry n L3 ~ W W N ? W V Q¢ N K 7 N o W�Q:N w30 � Z W � ac�o xdNma o �� mw co W Z m� N NNW <~ O J N J acoiuiv w{WU3V >_Q3 > F- x a 1:0 3 �v °op olo 0 8 ybgg e� QaL €{a �Fg ail;" !� SIT mud ivufw�iuw �w �\ �o \ � ;'F, -c UvIOoObOOaDC/ 0a0oD�� \\ 8. m r =s gmnPA n nmw. °fie \. d Y3;sss -, � ► if6C I! S _ d a, a'� n yffiyffi F� r mrym fly � y 8v d Su°7� m�PitCm s.A 'eE JE -g s ¢� y �TT> ZS�dw N� +1�u � iiRm sNs� n r E 9 wnrosE xw.eo' -� \ 8 mud ivufw�iuw �w �\ �o \ � ;'F, -c UvIOoObOOaDC/ 0a0oD�� \\ 8. m r =s gmnPA n nmw. °fie \. rmauer w n "amw'au�'c ww awa xa N mmn> m u rvla au ww 7.w'm� w 0 n V) W man ba�g' g RC d Oiaa�€ z� QII S 0 w j -,fie b 1p RS ts; la d ea � ► if6C I! S _ d a, \ rmauer w n "amw'au�'c ww awa xa N mmn> m u rvla au ww 7.w'm� w 0 n V) W man ba�g' g RC d Oiaa�€ z� QII S 0 w j -,fie b 1p RS ts; la d ea � ► if6C I! S _ d 4 6 6 133wd $N➢®A1unv \P \ \\ s — S$ =5{.aC wtt �0, — _ - - \— la. MOC SNII.RV ANCN fAYirtMl�— �\ r26) ' , \t� \ Qo P t -------- - - - - -- Val N o = �SSesa 09- l xaA{' - - Nal,l'15'W pRWOG` E BU C HOU ROAD - - -- --- - - - - -- \ 4�aff - -- — --- — - - - -\ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -197 RESOLUTION APPROVING THE DEDICATION OF LOT 2 IN RYERSON'S WOODS AS A STATE PRESERVE AND AUTHORIZING THE DEDICATION. WHEREAS, the City owns Lot 2 in Ryerson's Woods Subdivision, which is approximately 49 acres of park land located south of the fairgrounds on old Highway 218 in Johnson County; WHEREAS, staff recommends dedicating the land as a "state preserve," which will restrict development on the land; WHEREAS, by the City dedicating the land as a preserve, the State of Iowa will hold the property in trust, and the City will not be able to convey it except for public use and upon approval by the State Preserves Advisory Board; WHEREAS, it will be known as Ryerson's Woods State Preserve; and WHEREAS, following public hearing, the City finds that the dedication should be approved and that the property should be dedicated in accordance with Chapter 465C of the Code of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The dedication of Lot 2 of Ryerson's Woods, a subdivision in Johnson County, Iowa, as a state preserve pursuant to Chapter 465 C of the Code of Iowa is approved. 2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute all documents necessary to dedicate said property to the State of Iowa in accordance with Chapter 465C of the Code of Iowa. Passed and approved this 17th day of June , 2014. MAYOR Alk� Approved ATTEST: CIT ERK City Attorney's Office Resolution No. 14 -197 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 6 i Prepared by: Kumi Morris, Engineering Division of Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5044 RESOLUTION NO. 14 -198 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY HALL NORTH COURT HVAC REPLACMENT PROJECT 2014, 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 City Hall Other Projects in CIP account # G4707. 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 10th day of July, 2014. 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 15 day of July, 2014, or at a special meeting called for that purpose. Passed and approved this 17th day of June, 2014. MAYOR ATTEST: - CITY rLERK Approved by City Attorney's Office SAENWWResolutions7rojecl Resolutions\Accept Plans & Specs\Approve Plans & Specs- THE CITY HALL NORTH COURT HVAC REPLACIVENT PROJECT 2014400 Resolution No. )Page 2 14 -198 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AWES: x x x x x x x NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Denny Gannon, Ass't. City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 14 -199 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MOSS RIDGE ROAD 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 Moss Ridge Road Project account # S3802. 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 8'h day of July, 2013. 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 15 day of July, 2014, or at a special meeting called for that purpose. Passed and approved this 17th day of June 12014 ATTEST: CITY MERK pwengUnasterslres appp &s.doc 6/14 Approved by @�M� G , �,_ City Attorney's Office Resolution No. 14 -199 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Dickens the x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton