HomeMy WebLinkAbout2016-06-06 Resolutionr
^.p�; CITY OF IOWA CITY 2b
MEMORANDUM
Date: June 1, 2016
To: Geoff Fruin, interim City Manager
From: Simon Andrew, Assistant to the City Manager
Re: Clinton Street Temporary Ceremonial Name
Introduction
June 15, 2016 marks the eighth anniversary of the crest of the 2008 flood. Several University of
Iowa flood recovery projects will be completed during the next year, including Hancher
Auditorium, Voxman Music Building, and the Visual Arts Building. The University is planning an
event on June 15 celebrating the completion of flood recovery projects and kicking off the theme
of the 2016-2017 academic year, "Inspire".
History/Background:
University staff approached the City to request that Clinton Street between Church and
Burlington Streets be ceremonially renamed "Inspiration Avenue" in advance of the June 15
event and remaining for the duration of the next academic year. Street signage will remain as -is
with the addition of black and gold ceremonial street signs above the existing street signs. This
will have no effect on mailing addresses and signs will be removed at the end of the next
academic year.
Discussion of Solutions:
Cities home to large college campuses often display signage celebrating their local institution.
This signage would be temporary and have no effect on processes such as wayfinding or mail
delivery. It will help recognize the immense amount of hard work and dedication that University
staff, City staff, and community members contributed to help our city respond to and recover
from a natural disaster that impacted us all. It is also an opportunity to collaborate with the
University and build working relationships between our current respective staffs.
Financial Impact:
The University will reimburse the City for the cost to create the signs. There may be some
personnel costs absorbed by the City for installation.
Recommendation:
Staff recommends approving the temporary ceremonial designation of Clinton Street in
recognition of the University's flood recovery projects.
Prepared by: Simon Andrew, Assistant to the City Manager, 410 E. Washington Sl., Iowa City, IA 52240 (319) 356-5010
RESOLUTION NO. 16-174
RESOLUTION AUTHORIZING THE TEMPORARY CEREMONIAL RENAMING OF
CLINTON STREET IN CONJUNCTION WITH THE UNIVERSITY OF IOWA'S
CELEBRATION OF FLOOD RECOVERY EFFORTS
WHEREAS, the University of Iowa is the State of Iowa's first public institution of higher education
and has achieved international renown for its leadership and excellence across the academic
spectrum including particular distinction in the visual and performing arts; and,
WHEREAS, June 15, 2016 will mark the eighth anniversary of the crest of the historic 2008 Iowa
River flood; and,
WHEREAS, the 2008 flood affected more than 20 University of Iowa buildings consisting of 2.5
million square feet -- or nearly one-sixth of the University of Iowa campus - including all facilities
on the University of Iowa's Arts Campus: Hancher Auditorium, Voxman Music Building, and the
University's original Art, Theater, and Museum of Art buildings; and,
WHEREAS, flood recovery efforts have depended on the hard work and dedication of hundreds if
not thousands of individuals and organizations throughout the community; and,
WHEREAS, the University is planning a celebration to be held on the flood's eighth anniversary to
commemorate the completion of the final flood recovery projects and recognize the hard work and
perseverance of the many individuals and organizations that made these projects possible; and,
WHEREAS, the University's theme for the celebration of flood recovery and the grand openings of
four new facilities on the UI campus during the 2016-2017 academic year is "Inspire"; and,
WHEREAS, in conjunction with the flood recovery celebration and the Inspire theme, the
University has requested that Clinton Street between Church and Burlington Streets be
ceremonially named "Inspiration Avenue" for the duration of the 2016-2017 academic year; and,
WHEREAS, a ceremonial street name will not have an effect on official designations or mailing
addresses, allows the City to formally recognize the contributions of all of the individuals who
contributed to the University's flood recovery efforts, and is an opportunity to acknowledge the
important project milestones achieved by the University and the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT:
Clinton Street, between Church Street to the north and Burlington Street to the south, will be
ceremonially named "Inspiration Avenue" from June 2016 through the duration of the University of
Iowa 2016-2017 academic year. Street signs will be added to existing poles indicating the
ceremonial name and will be removed during the summer of 2017.
Passed and approved this 6th day of June 2016.
OR
ATTEST: �il Cctcfi , /y
CIT? -RK
pp oved by
City Attorney's Office
Resolution No. 16-174
Page 2
It was moved by Botchway and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
%
Botchway
%
Cole
x
Dickens
x
Mims
%
Taylor
%
Thomas
x
Throgmorton
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 16-175
RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN LOAN
AGREEMENTS FOR THE HOUSING EXTERIOR LOAN PROGRAM
(HELP).
WHEREAS, City Council passed Ordinance No. 15-4648, which amended the Housing
Code, to better address exterior housing code issues as one way to foster healthy
neighborhoods and support a strong urban core;
WHEREAS, City Council has directed staff to increase enforcement of the Housing Code
in the University impacted neighborhoods;
WHEREAS, in response to Ordinance No. 15-4648 and the increased enforcement, staff
created a loan program (Housing Exterior Loan Program or HELP) to assist qualified
homeowners and landlords with exterior improvements;
WHEREAS, qualifying homeowners and landlords will be eligible for loans for one-half of
the costs of the eligible improvements, up to a maximum of $10,000 at 0% interest; and
WHEREAS, for rental property owners, repayment terms will be for five years, and for
income eligible homeowners, the loan will be a deferred payment loan, payable when
the home is sold or no longer owner occupied;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT
The City Manager is authorized to enter into Housing Exterior Loan Program
agreements with eligible property owners and take all action needed to secure the loans
and enforce the agreements.
Passed and approved this 6th day of
ATTEST:C%Lt
CITY -CLERK
Approved by
City Attorney's Office
June 2016.
MAYOR
Resolution No. 16-175
Page 2
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Dickens the
Botchway
Cole
Dickens
x_ Mims
x Taylor
x Thomas
x Throgmorton
06-06-16
CITY OF
IOWA
CITY
3
MEMORANDUM
Date: June 2, 2016
To: Geoff Fruin, Interim City Manager
From: Tracy Hightshoe, Neighborhood Services Coordinator
Stan Laverman, Senior Housing Inspector
Re: Resolution authorizing the City Manager to sign agreements related to the Housing
Exterior Loan Program
During the fall of 2015 the Iowa City Housing Code was changed to better address exterior
housing code issues. Along with increased enforcement in the University impacted
neighborhoods, a new program was created to assist qualified homeowners and landlords with
exterior improvements to their properties in this area. The Housing Exterior Loan Program
(H.E.L.P.) is designed to financially assist qualified homeowners and landlords to upgrade the
safety and appearance of the housing stock in these neighborhoods. The flyer is attached for
your reference.
City staff has completed walking surveys noting the exterior conditions of the residential
properties located along Dubuque, Burlington, & Governor Streets. Staff has begun follow up
with the property owners/managers about the documented code violations. Following this
round of inspections and follow up City staff will move to other arterial & side streets located
within the University impacted neighborhoods.
The H.E.L.P program has been well received, and applications for project funding are being
received by Neighborhood Services Staff. Council approval is needed for the City Manager to
sign agreements associated with the Housing Exterior Loan Program. Staff would recommend
approval.
The City of Iowa City's Neighborhood and Development Services Department has
implemented a new program to help landlords and income -qualifying homeowners
make exterior improvements to their homes and property. The Housing Exterior Loan
Program (HELP) not only offers financial assistance, it also works to upgrade the safety
and appearance of local housing stock and preserve the vitality of our neighborhoods.
• Homeowners and landlords who qualify will be offered zero -interest loans for
50% of the cost of eligible improvements, up to $10,000.
• Length of the loan:
o For rental property owners, repayment terms will be for five years.
o For owner -occupied homes where household income is less than 140% of the
median income (see income chart), loans will be set up on a deferred payment
basis. That means that no loan payments will be required as long as the home
remains the owner's primary residence. Loans will come due immediately when
the property is sold, changes ownership, or converts to a rental property.
Loan funds will be reimbursements that will be paid after the work is successfully
completed and all supporting documentation has been submitted to the City.
Liens, in the form of mortgages or assignment of rents, will be placed on the home
and/or rental property as collateral to secure the loan until it is paid.
W&v a:r� vPirwP mri Gawv ? rwa k& ?
■ Exterior painting, cleaning and repair
. Siding repair or replacement
• Roof repairs or replacement
■ Fascia and trim improvements
• Awning repair or installation
. Porch repair
■ Landscaping
. Dumpster screening
• Windows and door repair or replacement
3 person.......................................$103.740
• Exterior accessories, such as address plates, mailboxes, and shutters
• Sidewalk repair or other concrete or masonry repairs or replacement
In some situations, HELP program funds may only be used for repairs and upgrades to
the side of the home that faces the street.
You may qualify for our program if:
• your residential property is within
the UniverCity impact area (please
see the property map on our web-
site at www.icgov.org/UniverCity);
• your property does not have any
outstanding mechanic liens;
• your property taxes are paid and
up-to-date;
• your proposed home improvements
meet housing code and are ap-
proved by City staff;
• all applicable permits are ob-
tained; and
• if owner -occupied, the household
income falls below 140% of me-
dian income, as follows:
INCOME GUIDELINES CHART
HOUSEHOLD
MAXIMUM INCOME
SIZE
LIMIT (140% of MI)
1 person.........................................$80.780
2 person .........................................
$92,260
3 person.......................................$103.740
4 person.......................................$115,220
102 ~111&
For more info, or to apply for HELP,
contact Neighborhood Services at:
319-356-5230
neighborhoods@iowo-city.org
City of Iowa City Neighborhood Svcs.
410 E. Washington Street
Iowa City, IA 52240
WP. Gain. Ade /
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
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Homeowners and landlords:
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Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356-5030
RESOLUTION NO. 16-176
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE UNIVERSITY OF IOWA REGARDING THE 2016 INDEPENDENCE DAY
FIREWORKS DISPLAY.
WHEREAS, since the 2008 flooding, the City has hosted their Independence Day fireworks
display in the University of Iowa's (University) Hubbard Park, adjacent to the Iowa Memorial
Union; and
WHEREAS, in 2016, the University is again allowing the City to host the fireworks in Hubbard
Park; and
WHEREAS, the parties wish to memorialize their agreement as to allocation of tasks and risk
management in putting on this event; and
WHEREAS, the parties have reduced their agreement to the attached Memorandum of
Understanding (MOU); and
WHEREAS, said MOU requires Council approval; and
WHEREAS, it is in the best interest of the City to approve the attached MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. City Council for the City of Iowa City hereby approves said Memorandum of
Understanding with the University of Iowa as being in the best interest of the City of Iowa
City and members of the public, and ratifies said MOU.
2. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached
MOU, in duplicate, subject to the approval of the City Attorney's Office.
Passed and approved this 6th day of
MAYOR
June
, 2016.
Aoved by ATTEST: • 2!wz a2L
77 i('• �{/i/
CITY -CLERK
City Attorney's Office
Resolution No. 16-176
Page 2
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS
ABSENT: ABSTAIN:
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF IOWA CITY
AND THE UNIVERSITY OF IOWA
This MEI�jv ORANDUM OF UNDERSTANDING (hereinafter "MOU") is entered into this 6th
day of M" 2016 by and among, the City of Iowa City (hereinafter "City") and the State
University of Iowa (hereinafter "University") hereinafter referred to collectively as the "Parties".
WHEREAS, the Parties recognize the benefits of mutual cooperation between the Parties in the
presentation of an Independence Day fireworks display ("Event') on July 3, 2016 ("Event
Date"), with a rain date of July 4, 2016;
WHEREAS, to help effectively assign responsibilities for the various tasks required to present
the Event successfully, the City and University wish to delineate the responsibilities of each
party for the Event;
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE to assist in the production of the
Event by performing the respective duties as designated below:
UNIVERSITY:
• To permit the use of the Pentacrest and Hubbard Park for the Event, subject to all the
terms and conditions in this Memorandum;
• Contact "One Call' and have all utilities and other obstructions marked by June 28;
• Close Hubbard Park July 2 and 3 for set-up;
• Keep Hubbard Park closed July 46' in the event the rain date is needed;
• Secure any areas of construction, and keep the shoot and fall -out zones free of
combustible materials;
• Provide 24-hour UIPD security for the fireworks (the explosive devices only) on July 2
from 6:00 p.m. until 8:00 a.m. July 3, when ICPD will assume responsibility for security
of the fireworks;
• Install barricades closing the IMU parking lot;
• Post "No Parking" signs at 8:00 A.M. on July 3, leaving them in place until after the
display;
• Assist the ICPD with foot patrols immediately before, during, and after the show as
needed and available; provided, however, that the City will retain all responsibility to
provide security for the Event and its related activities.
CITY:
The City maintains responsibility for all aspects of security for the Event and its related
activities except those particular services delineated above as the University's
responsibilities;
• Direct and oversee Parks and Recreation staff's installation of fencing as required on July
2,
• Ensure that caution is exercised in driving vehicles on Hubbard Park grass;
• Provide barricades at Madison/Washington; Hwy 6/lowa Ave., and Jefferson/Madison
for duration of fireworks. Iowa Ave. will be closed to vehicular traffic;
• Prevent public from accessing any point North of the South curb on Iowa Ave;
• Run street sweeper on July 4' on all streets bordering Hubbard Park;
• Conduct and direct foot patrols as needed immediately before, during, and after the
Event;
• Direct ICFD to hose down Danforth Chapel immediately prior to the display;
• Place ICFD firefighters on the roof of the IMU during the display;
• ICFD will check for unexploded shells on the IMU roof prior to 6:00 A.M. on July 4°i
• Secure assistance in sweeping for unexploded shells in Hubbard Park by 6:30 A.M. on
July 4's; and
• Defend, indemnify and hold harmless the University of Iowa from any and all liability for
claims for bodily injury (including personal injury and death) and property loss and
damage (including damage to or destruction of any building or facility) arising out of,
resulting from, or in any way involving the Event or its related activities; this provision
applies without limitation to any liability arising out of, resulting from, or in any way
involving (in whole or in part) the acts or omissions of the pyro technician or any other
party providing services for the Event pursuant to a contract with the City of Iowa City.
The University of Iowa
\ W`
David Kieft
University Business anager
City of Iowa City
i`
Jkhes A. Throgmorton
Mayor, City of Iowa City
Attest: Aa � � . 7ctt.ts/
Man'grr Karr
Ci Jerk
Approved:
Eric R. Goers
City Attorney's Office
d c �5)
Prepared by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5030
RESOLUTION NO. 16-177
RESOLUTION APPROVING A CONSENT AGREEMENT WITH THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY IN
CONNECTION WITH THE IOWA CITY SANITARY LANDFILL
WHEREAS, The Environmental Protection Agency (EPA) conducted a random inspection of the
landfill on July 15, 2014 and found violations of the Clean Air Act and its implementing regulations
regarding the gas collection systems of sanitary landfills; and
WHEREAS, following additional documentation provided by the City, the EPA issued a Notice of
Violation to the City on September 3, 2015; and,
WHEREAS, City staff has implemented or is in the process of implementing a number of
measures to address the violations, which have been approved by EPA, and the EPA has
accepted the City's proposal to do a Supplemental Environmental Project (SEP) in -lieu of a
portion of the fine; and,
WHEREAS, the City and the EPA have negotiated the Consent Agreement attached hereto that
documents the corrective measures to be implemented, the SEP project and the remaining
$8,225.00 fine; and,
WHEREAS, it is the best interest of the City of Iowa City for the Council to approve the attached
Consent Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The City Council for the City of Iowa City hereby approves the attached Consent
Agreement between the City of Iowa City and the EPA as being in the best interest of
the City of Iowa City.
2. The Mayor and City Clerk are hereby authorized and directed to sign and attest the
attached Consent Agreement.
Passed and approved this 6th da of J np, 2016.
MAYOR ��ii�
pap y ATTEST: ` U,, 1 16; , /
MY CLERK
City Attorney's Office
Resolution No. 16-177
Page 2
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT: ABSTAIN:
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 7
11201 RENNER BOULEVARD
LENEXA, KANSAS 66219
IN THE MATTER OF:
Iowa City, Iowa Sanitary Landfill CONSENT AGREEMENT AND FINAL
3900 Hebl Avenue ORDER
Iowa City, Iowa CAA Docket No: 07-2016-0027
I. PRELIMINARY STATEMENT
1. The United States Environmental Protection Agency (EPA), Region 7
(Complainant) and the City of Iowa City, Iowa (Respondent) have agreed to a settlement of this
action before the filing of a complaint, and thus this action is simultaneously commenced and
concluded pursuant to Rules 22.13(b) and 22.18(b)(2) of the Consolidated Rules of Practice
Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or
Corrective Action Orders, and the Revocation, Termination or Suspension of Permits
(Consolidated Rules of Practice), 40 Code of Federal Regulations (C.F.R.) §§ 22.13(b) and
22.18(b)(2). This Consent Agreement and Final Order is a complete and final settlement of all
civil and administrative claims and causes of action for the violations set forth in this Consent
Agreement and Final Order subject to paragraphs 74 and 75.
II. JURISDICTION
2. This administrative action for the assessment of civil penalties is instituted
pursuant to Section 113(d) of the Clean Air Act (CAA), 42 U.S.C. § 7413(d), and in accordance
with the Consolidated Rules of Practice.
3. Section 113(d) of the CAA states that the Administrator may issue an
administrative order against any person assessing a civil administrative penalty of up to $25,000
IN THE MATTER OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 2 oj38
per day of violation, whenever, on the basis of any available information, the Administrator finds
that such person has violated or is violating any requirement or prohibition of the CAA
referenced therein, including Section I I I(e) of the CAA, 42 U.S.C. § 7411(e). Section
113(d)(2)(B) of the CAA, 42 U.S.C. § 7413(d)(2)(B), provides that the EPA Administrator may
compromise, modify, or remit, with or without conditions, any administrative penalty which may
be imposed under Section I I3(d) of the CAA. The Debt Collection Improvement Act of 1996,
31 U.S.C. § 3701, and its implementing regulations at 40 C.F.R. Part 19, increased these
statutory maximum penalties to no more than $32,500 per day for each violation occurring
between March 15, 2004, and January 12, 2009; and no more than $37,500 per day for each
violation occurring after January 12, 2009.
4. The EPA Administrator and the United States Attorney General, through their
delegated representatives, have jointly determined that this administrative penalty action is
appropriate for a larger penalty amount or longer period of violation than the time and penalty
limitations set forth in Section 113(d) of the CAA.
III. PARTIES
5. The Complainant, by delegation from the Administrator of the EPA, and the
Regional Administrator of the EPA, Region 7, is the Director of the Air and Waste Management
Division, EPA Region 7.
6. Respondent, the City of Iowa City, Iowa, owns and operates an existing municipal
solid waste (MSW) landfill.
IN THE MATTER OF Iowa City, Iowa San itmy Landfill
Consent Agreement and Final Order
Page 3 of 38
IV. STATUTORY AND REGULATORY FRAMEWORK
7. The Clean Air Act establishes a regulatory framework designed to protect and
enhance the quality of the nation's air so as to promote the public health and welfare and the
productive capacity of its population. 42 U.S.C. § 7401.
8. Section 111 of the CAA, 42 U.S.C. § 7411, authorizes the EPA to develop
technology based standards which apply to specific categories of stationary sources. The New
Source Performance Standards (HSPS) apply to new, modified and reconstructed affected
facilities in specific source categories. The NSPS are developed and implemented by EPA and
are delegated to the states. However, even when delegated to the states, EPA retains authority to
implement and enforce the NSPS.
9. Pursuant to the authority granted under Section 111 of the CAA, 42 U.S.C.
§ 7411, the EPA promulgated general regulations applicable to all NSPS source categories in
40 C.F.R. Part 60, Subparts A, B, and C. In addition, the EPA promulgated regulations set forth
at 40 C.F.R. Part 60, Subpart WWW, which apply to municipal solid waste landfills that
commence construction, reconstruction, or modification on or after May 30, 1991.
10. Subpart WWW was promulgated due to EPA's determination that emissions from
municipal solid waste landfills cause, or contribute significantly to, air pollution which may
reasonably be anticipated to endanger public health or welfare. Landfill emissions consist
primarily of methane and CO2, as well as more than 100 different non -methane organic
compounds (NMOCs) such as ethane, toluene and benzene. These NMOCs contribute to ozone
formation, which in tum can lead to alterations in pulmonary function, aggravation of pre-
existing respiratory disease, and damage to lung structure. Ozone also can cause reduced plant
growth and decreased crop yield. Some NMOCs are also known or suspected carcinogens and
IN THE MATTER OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 4 of 38
can cause noncancer health effects such as adverse effects on the kidneys, liver and central
nervous system. NMOCs in landfill gas emissions can also cause an odor nuisance. Methane
can cause explosions and fires resulting from its migration to on- and off-site structures or
enclosures. It is also a greenhouse gas that leads to climate change.
11. 40 C.F.R. Part 60, Subpart A, the General Provisions, apply to owners or
operators of any stationary source which contains an affected facility. The applicable parts of the
General Provisions include § 60.11(d), which states: at all times, including periods of startup,
shutdown, and malfunction, owners and operators shall, to the extent practicable, maintain and
operate any affected facility including associated air pollution control equipment in a manner
consistent with good air pollution control practice for minimizing emissions,
12. The Respondent is subject to 40 C.F.R. Part 60, Subpart WWW because it owns
or operates a MSW landfill that was modified on or after May 30, 1991.
13. Each owner or operator of a MSW landfill having a design capacity equal to or
greater than 2.5 million megagrams and 2.5 million cubic meters is subject to part 70 or 71
permitting requirements and shall calculate an nonmethane organic compound emission rate
(NMOC) in accordance with 40 C.F.R. § 60.754. 40 C.F.R. § 60.752(b).
14. If the calculated NMOC is above 50 megagrams per year, the MSW landfill must
install a collection and control system that captures gas generated in the landfill. 40 C.F.R.
§ 60.752(b)(2)(ii). The collection and control system shall be designed to handle the maximum
expected gas flow rate from the entire area of the landfill that warrants control over the intended
use period of the gas control or treatment system equipment; collect gas from each area, cell or
group of cells in the landfill in which the initial solid waste has been placed for a period of 5
0
IN THEMAYTER OFlorra City, ImvaSanitayLandfill
Consent Agreement and Final Order
Page 5 of 38
years or more if active or 2 years or more if closed; collect gas at a sufficient extraction rate; and
be designed to minimize off-site migration of subsurface gas. 40 C.F.R. § 60.752(b)(2)(ii)(A).
15. 40 C.F.R. § 60.755(a)(5) requires owners or operators of the landfill to monitor
each well monthly for nitrogen or oxygen exceedances as provided in 40 C.F.R. § 60.753(c). If a
well exceeds one of these operating parameters, action shall be initiated to correct the
exceedance within five calendar days. If correction of the exceedance cannot be achieved within
15 calendar days of the first measurement, the gas collection system shall be expanded to correct
the exceedance within 120 days of the initial exceedance.
16. 40 C.F.R. § 60.755(a)(3) requires the owner or operator of the landfill to measure
the gauge pressure in the gas collection header at each individual well monthly. If a positive
pressure exists, action shall be initiated to correct the exceedance in five calendar days, except
for the three conditions allowed under 40 C.F.R. § 60.753(b). If negative pressure cannot be
achieved without excess air infiltration within fifteen calendar days of the first measurement, the
gas collection system shall be expanded to correct the exceedance within 120 days of the initial
measurement of positive pressure.
17. 40 C.F.R. § 60.755(c) states the following procedures shall be used for
compliance with the surface methane operational standard as provided in 40 C.F.R. § 60.753(d):
(1) After installation of the collection system, the owner or operator shall
monitor surface concentrations of methane along the entire perimeter of the
collection area and along a pattern that traverses the landfill at 30 meter
intervals (or a site-specific established spacing) for each collection area on
a quarterly basis using an organic vapor analyzer, flame ionization detector,
or other portable monitor meeting the specifications provided in paragraph
(d) of this section; (2) The background concentration shall be determined by
moving the probe inlet upwind and downwind outside the boundary of the
landfill at a distance of at least 30 meters from the perimeter wells; (3)
Surface emission monitoring shall be performed in accordance with section
4.3.1 of Method 21 of appendix A of this part, except that the probe inlet
IN THE MATTER OF Iowa City, Iowa Sanitai)+Landfill
Consent Agreement and Final Order
Page 6 oj38
shall be placed within 5 to 10 centimeters of the ground. Monitoring shall
be performed during typical meteorological conditions.
18. 40 C.F.R. § 60.755(c)(4) states that to comply with the surface methane
operational standard as provided in 40 C.F.R. § 60.753(d), any reading of 500 parts per million
(ppm) or above background at any location shall be recorded as a monitored exceedance and the
actions specified in 40 C.F.R. §§ 60.755(c)(4)(i) through (v) shall be taken. 40 C.F.R. §§ 60.755
(c)(4)(i) through (v) require marking the location of each monitored exceedance; making cover
maintenance or adjustments to the vacuum of the adjacent wells to increase the gas collection in
the vicinity of each exceedance and re -monitoring the location within 10 days of the exceedance;
if re -monitoring of the location shows a second exceedance, taking additional corrective action
and re -monitoring within 10 days of the second exceedance; monthly monitoring if the second
re -monitoring event does not exceed 500 ppm above background and quarterly monitoring
thereafter if there is no exceedance of the 500 ppm above background standard; a new well or
collection device installation only if the location exceeds the 500 ppm above background
standard three times within a quarterly period.
Method 21 (Determination of Volatile Organic Compound Leaks) states in
pertinent part,
4.3.1 Type I - Leak Definition Based on Concentration. Place the probe inlet
at the surface of the component interface where leakage could occur. Move
the probe along the interface periphery while observing the instrument
readout. If an increased meter reading is observed, slowly sample the
interface where leakage is indicated until the maximum meter reading is
obtained. Leave the probe inlet at this maximum reading location for
approximately two times the instrument response time. If the maximum
observed meter reading is greater than the leak definition in the
applicable regulation, record and report the results as specified in the
regulation reporting requirements.
19. 40 C.F.R. § 60.753(d) states the landfill operator shall operate the collection
Ill THE MATTER OF Iowa City, Iowa Sanitary Landfill
ConsentAgreement and Final Order
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system so that the methane concentration is less than 500 parts per million above background at
the surface of the landfill. To determine if this level is exceeded, the owner or operator shall
conduct surface testing around the perimeter of the collection area along a pattern that traverses
the landfill at 30 meter intervals and where visual observations indicate elevated concentrations
of landfill gas, such as distressed vegetation and cracks or seeps in the cover.
20. 40 C.F.R. § 60.755(a)(2) states that for purposes of determining sufficient density
of gas collectors for compliance with 40 C.F.R. § 60.752(b)(2)(ii)(A)(2), the owner or operator
shall design a system of vertical wells, horizontal collectors, or other collection devices,
satisfactory to the Administrator, capable of controlling and extracting gas from all portions of
the landfill sufficient to meet all operational and performance standards.
21. 40 C.F.R. § 60.753(a)(1) states the owner or operator shall "[o]perate the
collection system such that gas is collected from each area, cell, or group of cells in the MSW
landfill for 5 years or more if active."
22. 40 C.F.R. § 60.752(b)(2)(ii)(A) states that an active collection system shall: (1) Be
designed to handle the maximum expected gas flow rate from the entire area of the landfill that
warrants control over the intended use period of the gas control or treatment system
equipment; (2) Collect gas from each area, cell, or group of cells in the landfill in which the
initial solid waste has been placed for a period of: (i) 5 years or more if active; (3) Collect gas at
a sufficient extraction rate; (4) Be designed to minimize off-site migration of subsurface gas.
23. 40 C.F.R. § 60.755(c)(5) states "the owner or operator shall implement a program
to monitor for cover integrity and implement cover repairs as necessary on a monthly basis."
24. After the effective date of any standard of performance promulgated under
Section 111 of the CAA and applicable to a source, no person may operate such source in
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IN THE MATTER OF Iowa City, lawn Sanitmy Landfill
Consent Agreement and Final Order
Page 8 of 38
violation of such standard, limitation or regulation. 42 U.S.C. § 7411(e).
A. Definitions
25. A "municipal solid waste landfill" or "MSW landfill' means an entire disposal
facility in a contiguous geographical space where household waste is placed in or on the land.
An MSW landfill may be publicly or privately owned. 40 C.F.R. § 60.751.
26. "Active collection system" means a gas collection system that uses gas mover
equipment. 40 C.F.R. § 60.751.
B. Factual Background
27. At all times pertinent to this action, Iowa City was the "owner" and "operator" of
a municipal solid waste landfill located at 3900 Hebl Avenue, Iowa City, Iowa within the
meaning of Section I I I(a)(5) of the Act, 42 U.S.C. § 7411(a)(5).
28. At all times pertinent to this action, the Iowa City Landfill was a "stationary
source" as that term is defined in Section I I I (a)(3) of the Act, 42 U.S.C. § 7411(a)(3).
29. At all times pertinent to this action, Iowa City operated a disposal facility in a
contiguous space where household waste was placed in or on the land, and is, therefore, a
"municipal solid waste landfill" as defined by 40 C.F.R. § 60.751.
30. At all times pertinent to this action, the MSW landfill had a capacity of 2.5
million megagrams and 2.5 million cubic meters.
31. At all times pertinent to this action, the MSW landfill had a NMOC emission rate
of 50 megagrams per year or greater.
32. At all times pertinent to this action, the MSW landfill operated an active gas
collection system, as defined by 40 C.F.R. § 60.751.
33. EPA conducted an inspection of the Iowa City MSW landfill on July 15, 2014.
IN THE MATTER OF Iowa City, lowa Sanitary Landfill
Consent Agreement and Final Order
Page 9 of 38
EPA took measurements using an optical gas imaging camera.
34. EPA issued a Request for Information to Iowa City on December 12, 2014. Iowa
City provided a response on March 18, 2015.
35. EPA issued a Finding of Violation to Iowa City on September 3, 2015.
V. ALLEGED VIOLATIONS OF LAW
36. 40 C.F.R. § 60.753(a)(1) requires Iowa City to operate the MSW landfill active
gas collection system such that gas is collected from each area, cell, or group of cells in the
landfill. At the time of the July 15, 2014, EPA inspection, methane gas in excess of 50,000 parts
per million (ppm) was discovered through the use of the optical gas imaging camera and the
flame ionization detector, coming from manhole covers at the base of the east side of the landfill.
Therefore, Iowa City violated the requirements of 40 C.F.R. § 60.753(a)(1) by failing to collect
gas from each area of the landfill. In addition, these releases demonstrate that Respondent has
failed to operate and maintain an affected facility in a manner consistent with good air pollution
control practices for minimizing emissions at all times, in violation of 40 C.F.R. § 60.11(d) of
the General Provisions.
37. 40 C.F.R. § 60.755(a)(3) requires Iowa City to monitor the gauge pressure in the
gas collection wells monthly. If a well exhibits positive pressure then it must be corrected within
15 days. If negative pressure is not achieved within 15 days, then the gas collection system must
be expanded within 120 days. During the time period from July 2013 to June 2014, Iowa City
conducted monthly monitoring of the MSW landfill's gas extraction wells and discovered 13
different wells had positive pressure. Iowa City failed to remonitor the wells within 15 days to
determine if negative pressure was achieved. Iowa City monitoring records documented four of
the wells exhibited positive pressure in consecutive months.
IN THE MATTER. OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 10 of 38
Well Number Consecutive Months of Positive Pressure
101 07/2013 — 08/2013
126 07/2013 — 08/2013
T4A 07/2013 — 08/2013
T5 07/2013 — 08/2013
Therefore, Iowa City failed to expand the gas collection system when negative pressure was not
achieved in violation of 40 C.F.R. § 60.755(a)(3). In addition, these ongoing instances of
positive pressure demonstrate that Respondent has failed to operate and maintain an affected
facility in a manner consistent with good air pollution control practices for minimizing emissions
at all times, in violation of 40 C.F.R. § 60.11(d) of the General Provisions.
38. 40 C.F.R. § 60.755(a)(5) requires Iowa City to monitor the gas collection wells
monthly. If monitoring reveals the landfill gas contains oxygen at 5% or greater, then the
oxygen concentration must be corrected within 15 days. If the oxygen concentration of less than
5% cannot be achieved within 15 days, then the gas collection system is to be expanded within
120 days. During the time period of July 2013 to June 2014, Iowa City conducted monthly
monitoring of the landfill's gas extraction wells and discovered 29 different wells exhibited
oxygen concentrations of 5% or greater. Iowa City documented action taken to correct the
oxygen deviation, however, Iowa City failed to remonitor the wells to determine if oxygen
concentration of less than 5% was achieved, as required at 40 C.F.R. § 60.755(a)(5). Iowa City
monitoring records documented 18 of the wells exhibited oxygen concentrations over 5% in
consecutive months. Four wells exceeded the oxygen concentration of 5% during the entire 12
month period.
Well Number Consecutive Months of Oxyt!en 5% or Greater
103 7/2013 - 8/2013
106 7/2013 - 6/2014
108 7/2013 - 6/2014
109 7/2013 - 10/2013; 1/2014 - 6/2014
10
IN THE MATTER OF Iowa Cib,, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 11 of 38
Well Number Consecutive Months of Ox gen 5% or Greater
111
8/2013 - 9/2013; 12/2013 - 6/2014
116
7/2013 - 9/2013
117
7/2013 - 8/2013
122
8/2013- 10/2013; 12/2013 - 2/2014
123
7/2013 - 6/2014
125
11/2013 - 4/2014
128
7/2013 - 8/2013
136
8/2013 - 9/2013
137
5/2014 - 6/2014
TIA
7/2013 - 9/2013; 12/2013 - 6/2014
T2A
7/2013 - 9/2013; 11/2013 - 6/2014
T3A
11/2013 - 5/2014
T4A
7/2013 - 6/2014
T413
7/2013 - 2/2014
Therefore, Iowa City also failed to expand the gas collection system when oxygen concentration
of less than 5% was not achieved within 15 days, as required at 40 C.F.R. § 60.755(a)(5). In
addition, these oxygen deviations demonstrate that Respondent has failed to operate and
maintain an affected facility in a manner consistent with good air pollution control practices for
minimizing emissions at all times, in violation of § 60.11(d) of the General Provisions.
39. 40 C.F.R. § 60.755(c) specifies the procedures to be followed to comply with the
surface emission monitoring required at 40 C.F.R. § 60.753(d). The procedures include
performing the surface emission monitoring in accordance with section 4.3.1 of EPA Method 21.
Section 4.3.1 of EPA Method 21 states that if an increased meter reading is observed, slowly
sample the interface where leakage is indicated until the maximum meter reading is obtained.
Leave the probe inlet at the maximum reading location for approximately two times the
instrument response time. At the time of the July 15, 2014, EPA inspection, Iowa City provided
the EPA inspector with a demonstration of how surface emission monitoring was conducted.
Iowa City conducts surface emission monitoring by collecting methane readings from a moving
vehicle. Iowa City failed to comply with 40 C.F.R. § 60.755(c) because surface emission
IN THE MATTER OFloma City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 12 of 38
monitoring was not conducted in accordance with section 4.3.1 of EPA Method 21. In addition,
this incorrect monitoring procedure demonstrates that Respondent has failed to operate and
maintain an affected facility in a manner consistent with good air pollution control practices for
minimizing emissions at all times, in violation of 40 C.F.R. § 60.11(d) of the General Provisions.
40. 40 C.F.R. § 60.755(c)(4) requires Iowa City to conduct surface emission
monitoring of the landfill surface and remonitor areas with methane surface emissions of 500
ppm or greater above background within 10 days. Iowa City documented actions taken when
methane surface emissions of 500 ppm or greater were discovered. However, Iowa City did not
remonitor the area within 10 days to ensure methane emissions were below 500 ppm. Therefore,
Iowa City failed to comply with 40 C.F.R. § 60.755(c)(4). In addition, these methane releases
demonstrate that Respondent has failed to operate and maintain an affected facility in a manner
consistent with good air pollution control practices for minimizing emissions at all times, in
violation of § 60.11(d) of the General Provisions.
41. 40 C.F.R. § 60.755(c)(5) requires Iowa City to implement a program to monitor
for cover integrity and implement cover repairs as necessary on a monthly basis. During the
time period of July 2013 to June 2014, Iowa City failed to comply with 40 C.F.R. § 60.755(c)(5)
because it was not conducting monthly surface integrity monitoring. In addition, this failure to
conduct monthly monitoring demonstrates that Respondent has failed to operate and maintain an
affected facility in a manner consistent with good air pollution control practices for minimizing
emissions at all times, in violation of 40 C.F.R. § 60.11(d) of the General Provisions.
VI. TERMS OF CONSENT AGREEMENT
42. For the purpose of this proceeding, as required by 40 C.F.R. § 22.18(b)(2),
Respondent:
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IN THE MATTER OF Iowa City, lawn Sanitary Landfill
Consent Agreement and Final Order
Page 13 of 38
a. Admits that the EPA has jurisdiction over the subject matter alleged in this
Consent Agreement and Final Order;
b. Neither admits nor denies the alleged violations of law stated above;
C. Consents to the assessment of a civil penalty as stated below;
d. Consents to the issuance of any specified compliance or corrective action
order;
e. Consents to the conditions specified in this Consent Agreement and Final
Order;
f. Consents to any stated Permit Action;
g. Waives any right to contest the alleged violations of law set forth in
Section V of this Consent Agreement and Final Order; and
h. Waives its rights to appeal the Final Order portion of this Consent
Agreement.
43. For the purpose of this proceeding, Respondent:
a. Agrees that this Consent Agreement states a claim upon which relief may
be granted against Respondent;
b. Acknowledges that this Consent Agreement constitutes an enforcement
action for purposes of considering Respondent's compliance history in any
subsequent enforcement actions;
C. Waives any and all remedies, claims for relief and otherwise available
rights to judicial or administrative review that Respondent may have with
respect to any issue of fact or law set forth in this Consent Agreement and
Final Order, including any right of judicial review under Section 307(b)(1)
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IN THE MATTER OF Iowa City, Iowa Sanitary Landfill
Conseni Agreement and Final Order
Page 19 of 38
of the Clean Air Act, 42 U.S.C. § 7607(b)(1);
d. Consents to personal jurisdiction in any action to enforce this Consent
Agreement or Final Order, or both, in the United States District Court; and
e. Waives any rights it may possess at law or in equity to challenge the
authority of the EPA to bring a civil action in a United States District
Court to compel compliance with the Consent Agreement and Final Order,
and to seek an additional penalty for such noncompliance, and agrees that
federal law shall govern in any such civil action.
A. Penalty Payment
44. Respondent agrees that, in settlement of the claims alleged in this Consent
Agreement and Final Order, Respondent shall pay the civil penalty of $8,225.00, within thirty
days of the effective date of this Final Order, and shall perform a Supplemental Environmental
Project ("SEP") as set forth in this Consent Agreement and Final Order. The cost of the SEP is
$109,092.
45. Payment of the penalty may be submitted on-line at www.pay.gov by entering
"SFO 1.1" in the "Search Public Forms" field. Open the on-line form and complete required
fields to complete payment. Respondent shall print a copy of each payment receipt and mail a
copy of each receipt to EPA's representative identified in this paragraph:
Regional Hearing Clerk
Enforcement Coordination Office
U.S. Environmental Protection Agency, Region 7
11201 Renner Boulevard
Lenexa, Kansas 66219
qITI�.'
14
IN THE MATTER OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 15 of38
Gary Bertram
AWMD/ACES
U.S. Environmental Protection Agency, Region 7
11201 Renner Boulevard
Lenexa, Kansas 66219.
Payments may also be made by cashier or certified check made payable to
"Treasurer of the United States" and remitted to:
U.S. Environmental Protection Agency
Fines and Penalties - CFC
P.O. Box 979077
St. Louis, Missouri 63197-9000.
The Respondent shall reference the EPA Docket Number on the check. A copy of
the check shall be provided to EPA's representatives identified in this paragraph.
46. If Respondent fails to timely pay any portion of the EPA Penalty assessed under
this Consent Agreement, including any stipulated penalty assessed pursuant to this Consent
Agreement, the EPA may
a. Request the Attorney General to bring a civil action in an appropriate
district court to recover: the amount assessed; interest at rates established
pursuant to 26 U.S.C. § 6621(a)(2); the United States' enforcement
expenses; and a 10 percent quarterly nonpayment penalty, 42 U.S.C.
§ 7413(d)(5);
b. Refer the debt to a credit reporting agency or a collection agency, 42
U.S.C. § 7413(d)(5); 40 C.F.R. §§ 13.13, 13.14, and 13.33;
C. Collect the debt by administrative offset (i.e. the withholding of money
payable by the United States to, or held by the United States for, a person
to satisfy the debt the person owes the Government), which includes but is
15
IN THE MATTER OFlowa Ch); Ioiva Soniliny Landfill
Consent Agreement and Final Order
Page 16 of 38
not limited to, referral to the Internal Revenue Service for offset against
tax refunds, 40 C.F.R. Part 13, Subparts C and H; and
d. Suspend or revoke Respondent's licenses or other privileges, or suspend
or disqualify Respondent from doing business with the EPA or engaging
in programs the EPA sponsors or funds, 40 C.F.R. § 13.17.
B. Conditions
47. Although the parties acknowledge that many, if not most, of the measures agreed
to herein are already in progress due to the voluntary efforts of Respondent, as a condition of
settlement and in compromise of the civil penalty that EPA could otherwise impose herein,
Respondent agrees to perform the following at the Iowa City Sanitary Landfill:
48. Standard Operating Procedures and Training to Improve Monitoring Activities:
a. By no later than 30 days after the effective date of this Consent Agreement
and Final Order, Iowa City shall provide to EPA a diagram of the landfill
that includes, but is not limited to, the existing location of all landfill gas
and Ieachate collection devices, probes, collection lines, and access points
(including any manholes).
b. By no later than 90 days after the effective date of this Consent Agreement
and Final Order, Iowa City shall develop and submit to EPA for review
and approval a document that describes, for the Iowa City Sanitary
Landfill:
i. Improved Gas Collection Well Monitoring: (i) the affirmative steps
(i.e., Standard Operating Procedures) to be followed in conducting
monthly monitoring of each gas collection well for carbon
16
IN THE MATTER OFJowa City, Iowa Sanitivy Landfill
Consent Agreement and Final Order
Page 17 of 38
monoxide, temperature, oxygen and pressure; (ii) the steps to be
followed, including time frames, when a gas collection well
exceeds one or more of the parameter limits; (iii) documentation of
actions taken to correct parameter exceedances; and (iv)
documentation of parameter compliance and/or expansion of gas
collection system.
ii. Improved Surface Emission Monitoring: (i) the affirmative steps
(i.e., Standard Operating Procedures) to be followed in conducting
quarterly surface emission monitoring; (ii) the steps to be followed,
including time frames, when a surface methane emission greater
than 500 ppm is detected; (iii) documentation of actions taken to
correct surface methane emissions; and (iv) documentation of
surface methane emission compliance and/or expansion of gas
collection system.
Improved Surface Integrity Monitoring: (i) the affirmative steps
(i.e., Standard Operating Procedures) to be followed in conducting
monthly surface integrity monitoring; (ii) the steps to be followed,
including time frames, when a surface integrity issue is identified.
All identified surface integrity issues are to be clearly documented,
including a description of the issue as well as the location on the
landfill surface. Iowa City shall also provide documentation of
corrective actions taken, if necessary, to repair landfill surface.
17
IN THE MATTER OFlowa City, lova SanitmyLandfill
Consent Agreement and Final Order
Page 18 of 38
These Standard Operating Procedures shall be subject to EPA review and
approval procedures as outlined in Paragraph 52 and are intended to
ensure compliance with 40 C.F.R. § 60.11(d), 40 C.F.R. § 60.753(a)(1), 40
CYR. § 60.755(a)(3),40 C.F.R. § 60.755(a)(5), and 40 C.F.R.
§ 60.755(c).
C. By no later than 90 days from the date of EPA's approval of the document
in Paragraph 48.b., Iowa City must complete training of all managers and
staff responsible for landfill monitoring activities. The training must
cover all elements of the prepared document, including but not limited to
those referenced in Paragraph 48.b. In addition, the document must be
made available to all staff. Documentation of training, including any
training materials (e.g., slides, handouts, manuals, etc.), and training
completion, must be submitted to EPA within 60 days of completion of
the training.
49. Gas Collection System Audit
a. By no later than 30 days after the effective date of this Consent Agreement
and Final Order, Iowa City shall hire a third party to conduct an evaluation
of the Iowa City Sanitary Landfill gas collection system. The third party
auditor shall have experience and expertise evaluating the effectiveness
and integrity of active landfill gas collection systems and be a recognized
expert in the regulations of 40 C.F.R. Part 60, Subpart WWW. The parties
agree that Barker Lemar Engineering Consultants, the City's current
consultant, may perform the audit provided that a) documentation of its
M
IN THE MATTER OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 19 of 38
third party auditor qualifications is provided to EPA for review and
approval at least 15 days prior to the audit of the Iowa City Sanitary
Landfill gas collection system and b) EPA determines that Barker Lemar
Engineering Consultants meet the criteria of paragraph 49.a. The audit
shall evaluate the effectiveness of the gas collection system to adequately
collect the gas generated in the Iowa City Sanitary Landfill and shall
include, but not be limited to, the following:
i. determine the liquid level in each well;
ii. evaluate each well for physical damage (subsurface);
iii. evaluate all wellhead seals, fittings and connections for landfill gas
leaks;
iv. evaluate the landfill surface and gas collection equipment for
possible oxygen entry points;
V. evaluate gas flow rate (at each well as well as the flow entering the
flare) and flare capacity; and
vi. determine if landfill gas is migrating outside any trash containing
area of the landfill.
The auditor shall provide recommendations for improving the quantity of
gas collected from the Iowa City Landfill, including, but not limited to,
improvements to the existing gas collection system and current gas
collection system operating procedures.
b. By no later than 120 days after the effective date of this Consent
Agreement and Final Order, Iowa City shall complete the third party audit
19
IN THE MATTER OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 20 of 38
of the Iowa City Sanitary Landfill.
C. By no later than 15 days from completion of the third party audit, Iowa
City shall provide EPA with a copy of the audit report. The report shall
include, but not be limited to, the auditor's findings, the auditor's
recommendations for improving the Iowa City Sanitary Landfill's gas
collection system, and a schedule for completion of such
recommendations.
d. By no later than 30 days from EPA's receipt of the audit report, Iowa City
shall begin implementation of the auditor's recommendations. If the
auditor determines pursuant to Paragraph 49.a.vi. that landfill gas is
migrating outside any trash containing area of the landfill, Iowa City shall
affirmatively take actions to address the offsite migration. All
improvements to the Iowa City Sanitary Landfill shall be completed
within 180 days of the completion of the audit. Iowa City shall submit a
monthly report to EPA summarizing progress made on the auditor's
recommendations.
e. If Iowa City disagrees with any of the auditor's recommendations, then
Iowa City may submit a request to EPA to remove one or more of the
auditor's recommendations from consideration under this Order. Such
request must be submitted to EPA simultaneously with the audit report.
EPA will provide a final decision on Iowa City's request within 30 days of
receipt.
IN THE MATTER OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 21 of 38
50. Documentation of Violation Correction and Continued Compliance. Iowa City
shall provide the following documentation for a period of 12 months following the effective date
of this Consent Agreement and Final Order to demonstrate correction of the above violations and
continued compliance with the monitoring requirements of 40 C.F.R. Part 60, Subpart WWW:
a. Monthly well monitoring report. Each monthly report shall be submitted
to EPA within 30 days of the last day of the month, The monthly report
shall contain, at a minimum, the following:
i. date of monitoring activities at each well head;
ii. documentation of oxygen and carbon monoxide concentration,
temperature and pressure at each well head;
iii. date and documentation of action taken to correct any deviations of
oxygen and carbon monoxide concentration, temperature and/or
pressure at each well head;
iv. date and documentation of all monitoring activities to determine if
deviations have been corrected;
V. date and documentation that compliance is achieved at each well
head exhibiting an oxygen and carbon monoxide concentration,
temperature and/or pressure deviation; and,
vi. date and documentation of action taken (i.e. well field expansion)
when oxygen and carbon monoxide concentration, temperature
and/or pressure deviation is not corrected.
b. Quarterly surface emission monitoring report. Each quarterly report shall
be submitted to EPA within 45 days of surface emission monitoring. The
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IN THE MATTER OF Iowa City, Iowa Sanitmy Landfill
Consent Agreement and Final Order
Page 22 of 38
quarterly report shall contain, at a minimum, the following:
date of surface emission monitoring activity;
ii. documentation of surface emission monitoring results, including
location and concentration of all surface emissions exceeding 500
ppm methane above background;
date and documentation of action taken in response to surface
emission exceedances;
iv. date and documentation of all monitoring activities conducted to
determine if surface emission exceedances have been adequately
addressed;
V. date and documentation that compliance is achieved at all areas
originally exceeding 500 ppm methane above background; and,
vi. date and documentation of action taken (i.e. well field expansion)
if surface emissions are not reduced to less than 500 ppm methane
above background.
C. All documents required to be submitted to EPA by this Order shall contain
the following certification, signed by an officer of Iowa City:
I certify under penalty of law that I have examined and am
familiar with the information submitted in this document and
all attachments and that, based on my inquiry of those
individuals immediately responsible for obtaining the
information, I believe that the information is true, accurate
and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of
fines and imprisonment.
22
IN THE MATTER OF Iowa City, Iowa San itmy Landfill
Consent Agreement and Final Order
Page 13 of 38
The submissions required by the above paragraphs and subparagraphs
shall be sent to EPA using the Electronic Portal described in Paragraph
50.d.
d. Electronic Portal. By no later than sixty (60) days after the Effective Date
of this Consent Agreement and Final Order, Respondent shall provide
EPA access via an Electronic Portal (Portal) to assist EPA in monitoring
compliance with this Consent Agreement and Final Order. All documents,
certifications, plans, reports, updates, notices, procedures, or other
information (Materials) that are required pursuant to this Consent
Agreement and Final Order shall be made available to the EPA via a
secure, web -based Portal. The Portal shall be easily navigable, include
links to all Materials in electronic format, allow users to save and print
Materials, be clearly organized and indexed, and accessible 24 hours per
day. All Materials shall remain available through the Portal until
termination of this Consent Agreement and Final Order. Respondent may
assert that information made available to EPA via the portal is entitled to
protection as Confidential Business Information (CBI), using the
procedures outlined in 40 C.F.R. Part 2, subpart B.
51, If Respondent is aware of or anticipates a condition at the Iowa City Landfill that
may cause off-site migration of uncomfortable odors, Respondent shall provide appropriate and
timely notice of that condition to all impacted neighboring communities using a publicly
available Internet Website, other social media (e.g., Facebook, Twitter, etc.), toll-free hotline,
mailing list, email, newspaper notices, or some other similar method.
23
IN THE MATTER OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 24 of38
52. Review and Approval procedures: EPA will review the documents that are
specifically required to be submitted by Respondent pursuant to paragraphs 48,b., 49.a. and 64 of
this Consent Agreement and Final Order according to the procedures outlined in this paragraph.
EPA will review such document and may approve, approve with modifications, or disapprove
and provide comments to Respondent, indicating the requirements of this Consent Agreement
and Final Order with which Respondent did not comply. If the document is disapproved with
comments, Respondent shall address EPA's comments and resubmit the document within thirty
(30) days of receipt of EPA's comments. If Respondent fails to revise the document in
accordance with EPA's comments, Respondent shall be subject to the stipulated penalties as set
forth in Paragraph 67 below.
53. Respondent agrees that the time period from the Effective Date of this Consent
Agreement and Final Order until all of the conditions specified in Paragraphs 48 through 51 are
completed (the "Tolling Period") shall not be included in computing the running of any statute of
limitations potentially applicable to any action brought by Complainant on any claims (the
"Tolled Claims") set forth in Section V of this Consent Agreement and Final Order. Respondent
shall not assert, plead, or raise in any fashion, whether by answer, motion or otherwise, any
defense of laches, estoppel, or waiver, or other similar equitable defense based on the running of
any statute of limitations or the passage of time during the Tolling Period in any action brought
on the Tolled Claims,
54. The provisions of this Agreement shall apply to and be binding upon Respondent
and its officers, directors, employees, agents, trustees, servants, authorized representatives,
successors, and assigns. From the Effective Date of this Agreement until Termination of this
Consent Agreement and Final Order, Respondent must give written notice and a copy of this
24
JN THE MATTER OF loiva City, Iowa Sanitary Landfill
Consent Agreenveni and Final Order
Page 15 of 38
Agreement to any successors in interest prior to any transfer of ownership or control of any
portion of or interest in the Facility. Simultaneously with such notice, Respondent shall provide
written notice of such transfer, assignment, or delegation to the EPA. In the event of any such
transfer, assignment, or delegation, Respondent shall not be released from the obligations or
liabilities of this Agreement unless the EPA has provided written approval of the release of said
obligations or liabilities.
55. By signing this Agreement, Respondent acknowledges that this Consent
Agreement and Final Order will be available to the public and agrees that this Agreement does
not contain any confidential business information or personally identifiable information.
56. Respondent shall require that all contractors, employees, consultants, firms or
other persons or entities acting for Respondents with respect to matters included herein comply
with the terms of this Consent Agreement and Final Order.
57. By signing this Consent Agreement, the undersigned representative of
Complainant and the undersigned representative of Respondent each certify that he or she is fully
authorized to execute and enter into the terms and conditions of this Consent Agreement and has
the legal capacity to bind the party he or she represents to it.
58. By signing this Consent Agreement, both parties agree that each party's
obligations under this Consent Agreement and attached Final Order constitute sufficient
consideration for the other party's obligations. Additionally, both parties agree that
Complainant's covenant not to sue Respondent (stated in Paragraph 75) during the time period
between the issuance of this Consent Agreement and Final Order and the deadline (stated in
Paragraphs 48 through 51) for Respondent to complete the non -penalty conditions of this
Consent Agreement constitutes sufficient consideration for Respondent's obligation to
25
IN THEMA7TER OF Iowa City, Iowa SanitmyLanditll
Consent Agreement and Final Order
Page 26 of 38
completely perform the non -penalty conditions of this Consent Agreement as stated in
Paragraphs 48 through 51, regardless of whether the covenant not to sue subsequently
terminates.
59. By signing this Consent Agreement, Respondent certifies that the information it
has supplied concerning this matter was at the time of submission true, accurate, and complete
for each such submission, response, and statement. Respondent acknowledges that there are
significant penalties for submitting false or misleading information, including the possibility of
fines and imprisonment for knowing submission of such information, under 18 U.S.C. § 1001.
60. Each party shall bear its own attorney's fees, costs, and disbursements incurred in
this proceeding.
C. Supplemental Environmental Project
61. In settlement of the violations alleged in Section V of this Consent Agreement
and Final Order, Respondent shall complete the SEP described in this Consent Agreement and
Final Order, which the parties agree is intended to secure significant environmental or public
health protection and improvement.
62. Respondent shall purchase and install four cameras and associated equipment
(e.g., communication lines, monitoring software, etc.) at the Iowa City Landfill to monitor both
the active portion of the landfill as well as waste collection vehicles entering the landfill. These
cameras shall ba equipped with thermal imaging capability to monitor both surface and
subsurface temperatures. Furthermore, these cameras shall be connected to an early warning
system which will send alarms to designated staff when detected temperatures reach a level that
signifies a landfill fire or otherwise indicates a potential for chemical reactions that could result
in a landfill fire.
26
IN THEM4TTER OF Iowa City, loiva Son ilaryLan dfiIt
Consent Agreement and Final Order
Page17of38
63. Respondent shall create and implement a landfill fire risk management plan to
provide pre -emergency event planning, coordination and on-site training to Iowa City Landfill
staff, management, and emergency personnel (e.g., local fire and police department, county
Emergency Management Authority, etc.) who would respond in the event of a fire within the
landfill property. Such training shall include, but not be limited to, the following topics: landfill
characteristics and infrastructure; landfill fire characteristics, causes and detection methods;
environmental monitoring practices that can be used to protect landfill staff and emergency
personnel while they are mitigating a fire event; and methods to extinguish surface and
subsurface landfill fires. This plan shall be periodically updated by Respondent as conditions at
the landfill and/or landfill regulations change.
64. SEP Completion Report: Within 30 days of completion of the SEP, Respondent
shall submit a SEP Completion Report to the EPA contact identified in Paragraph 64.d. The SEP
Completion Report shall be subject to EPA review and approval as provided in Paragraph
52. The SEP Completion Report shall conform to the requirements of this Consent Agreement
and Final Order.
a. In itemizing its costs in the SEP Completion Report, Respondent shall
clearly identify and provide acceptable documentation for all SEP Costs.
SEP Costs shall not include Respondent's internal expenses such as
overhead; internal employee time, salary or overtime; administrative
expenses; legal fees; and contractor oversight related to performance of
the SEP. For purposes of this Paragraph, "acceptable documentation"
includes invoices, purchase orders, or other documentation that
specifically identifies and itemizes the individual costs of the goods and/or
27
IN THE MATTER OFlowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 28 of 38
services for which payment is being made. Cancelled drafts do not
constitute acceptable documentation unless such drafts specifically
identify and itemize the individual costs of the goods and/or services for
which payment is being made.
b. Respondent shall certify the truth and accuracy of each of the following in
the SEP Completion Report:
i. That all cost information provided to the EPA in connection with
the EPA's approval of the SEP is complete and accurate;
ii. That the SEP is not a project that Respondent was planning or
intending to construct, perform, or implement other than in
settlement of the claims resolved in this Consent Agreement and
Final Order,
iii. That Respondent has not received and will not receive credit for
the SEP in any other enforcement action;
iv. That Respondent will not receive reimbursement for any portion of
the SEP from another person or entity;
V. That for federal income tax purposes, Respondent agrees that it
will neither capitalize into inventory or basis nor deduct any costs
or expenditures incurred in performing the SEP; and
vi. That Respondent is not a party to any open federal financial
assistance transaction that is funding or could fund the same
activity as the SEP.
C. The SEP Completion Report shall include the statement of Respondent,
28
IN THE MA7TER OF Iowa City, Iowa Sanitary Landfill
Conseni Agreement and Final Order
Page 29 of38
through an officer, signed and certifying under penalty of law the
following:
I certify under penalty of law that I have examined and am familiar with
the information submitted in this document and all attachments and that,
based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the information is true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and
imprisonment.
d. The SEP Completion Report shall be submitted to:
Gary Bertram
AWMD/APCO/ACES
U.S. Environmental Protection Agency, Region 7
11201 Renner Boulevard
Lenexa, Kansas 66219.
65. Any public statement, oral or written, in print, film, internet, or other media, made
by Respondent making reference to the SEP shall include the following language
This project was undertaken in connection with the settlement of an enforcement
action taken by the U.S. Environmental Protection Agency for alleged violations
of the Clean Air Act. 42 U.S.C. § 7401 et. seq.
66. Respondent hereby certifies that, as of the date of this Consent Agreement and
Final Order, Respondent is not required to perform or develop the SEP described in this Consent
Agreement and Final Order by any federal, state, or local law or regulation; nor is Respondent
required to perform or develop the SEP by any other agreement, grant or as injunctive relief in
this or any other case, and is not presently negotiating to receive credit for the SEP in any other
case.
29
IN THE MATTER OF Iowa City, town Sanitary Landfill
Consent Agreement and Final Order
Page 30 oj38
D. Stipulated Penalties
67. Respondent shall be liable for stipulated penalties to the United States in the
amounts set forth below for failure to comply with the requirements of Paragraphs 48 through 51
of this Consent Agreement. The following stipulated penalties shall accrue per violation per day:
a. For failure to comply with any requirement (excluding submittal of any
required report to EPA) of Paragraphs 48 through 51:
Penalty Per Violation Per Day
$400
$800
Period of Non Compliance
151 through 150i day
150i day and beyond
For failure to submit any report or documentation as required by
Paragraphs 48 through 51:
Penalty Per Violation Per Day
$250
$500
Period of Non Compliance
151 through 300i day
315' day and beyond
68. For failure to comply with the requirements of the SEP, the following stipulated
penalties shall accrue as set forth below:
a. If the SEP is not completed satisfactorily and timely pursuant to the
requirements set forth in this Consent Agreement and Final Order,
Respondent shall be liable for and shall pay a stipulated penalty to the
United States as follows:
For failure to complete the SEP within one year following entry of
this Consent Agreement and Final Order:
Penalty Per Violation Per Day Period of Non Compliance
$250 151 through 300' day
$500 3151 day and beyond
30
17V THE MATTER OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 31 of 38
ii. If Respondent spends at least $100,000, but less than $109,092 in
SEP Costs (as defined in paragraph 64.a): The difference between
$109,092 and the amount of SEP Costs spent by Respondent
(Minor Shortfall), plus an amount equal to 10% of the Minor
Shortfall.
For failure to spend at least $100,000 in SEP Costs (as defined in
paragraph 64.a): The difference between $109,092 and the amount
of SEP Costs spent by Respondent (Substantial Shortfall) plus an
amount equal to 25% of the Substantial Shortfall.
b. If Respondent fails to timely and completely submit the SEP Completion
Report required by this Consent Agreement and Final Order, Respondent
shall be liable for and shall pay the following stipulated penalty:
Penalty Per Violation Per Day
$250
$500
Periodof Non Compliance
15f through 3001 day
3151 day and beyond
69. EPA shall in its reasonable judgment determine whether the SEP has been
satisfactorily completed and whether Respondent has made a good faith, timely effort to
implement the SEP.
70. All penalties shall begin to accrue on the day after the complete performance is
due or the day a violation occurs, and shall continue to accrue through the final day of the
correction of the noncompliance or completion of the activity. Nothing herein shall prevent the
simultaneous accrual of separate penalties for separate violations of this Consent Agreement and
Final Order.
31
IN THE MATTER OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 32 of 38
71. The payment of stipulated penalties under this Consent Agreement and Final,
Order shall not alter in any way Respondent's obligations to comply with the provisions of this
Consent Agreement and Final Order.
72. Respondent shall pay stipulated penalties not more than fifteen (15) days after
receipt of written demand by EPA for such penalties. Method of payment shall be in accordance
with the provisions set forth in Paragraph 45 of this Agreement.
73. The stipulated penalties provided for in this Consent Agreement shall be in
addition to any other rights, remedies, or sanctions available to the EPA for Respondent's
violation of this Consent Agreement and Final Order or applicable law. Where a violation of this
Consent Agreement and Final Order is also a violation of statutory or regulatory requirements,
Respondent shall be allowed a credit, for any stipulated penalties paid, against any statutory
penalties imposed for such violation.
E. Effect of Consent Agreement and Final Order
74. In accordance with 40 C.F.R. § 22.18(c), completion of the terms of this Consent
Agreement and Final Order resolves only Respondent's liability for federal civil penalties for the
violations and facts specifically alleged above.
75. Complainant covenants not to sue Respondent for injunctive or other equitable
relief for the violations and facts alleged in this matter, but such covenant automatically
terminates if and when Respondent fails to timely and satisfactorily complete every condition
stated in Paragraphs 48 through 51 (including payment of any stipulated penalties owed). If and
when such covenant terminates, the United States at its election may seek to compel performance
of the conditions stated in Paragraphs 48 through 51 in a civil judicial action under the CAA or
32
IN THE MATTER OF Iowa City, Iowa Sanilary Landfill
Consent Agreement and Final Order
Page 33 of38
as a matter of contract. The covenant not to sue becomes permanent upon satisfactory
performance of the conditions stated in Paragraphs 48 through 51.
76. Penalties paid pursuant to this Consent Agreement and Final Order shall not be
deductible for purposes of federal taxes.
'77. This Consent Agreement and Final Order constitutes the entire agreement and
understanding of the parties and supersedes any prior agreements or understandings, whether
written or oral, among the parties with respect to the subject matter hereof.
78. The terms, conditions, and compliance requirements of this Consent Agreement
and Final Order may not be modified or amended except upon the written agreement of both
parties, and approval of the Regional Judicial Officer.
79. Any violation of this Consent Agreement and Final Order may result in a civil
judicial action for an injunction or civil penalties of up to $37,500 per day per violation, or both,
as provided in Section 113(b)(2) of the Act, 42 U.S.C. § 7413(b)(2), as well as criminal sanctions
as provided in Section 113(c) of the Act, 42 U.S.C. § 7413(c). The EPA may use any information
submitted under this Consent Agreement and Final Order in an administrative, civil judicial, or
criminal action.
80. Nothing in this Consent Agreement and Final Order shall relieve Respondent of
the duty to comply with all applicable provisions of the Act and other federal, state, or local laws
or statutes, nor shall it restrict the EPA's authority to seek compliance with any applicable laws
or regulations in a manner consistent with this Consent Agreement and Final Order, nor shall it
be construed to be a ruling on, or determination of, any issue related to any federal, state, or local
permit.
33
IN THE MATTER OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 34 of 38
81. Nothing herein shall be construed to limit the power of the EPA to undertake any
action against Respondent or any person in response to conditions that may present an imminent
and substantial endangerment to the public health, welfare, or the environment.
82. This Consent Agreement and Final Order shall automatically terminate upon the
latest date of the following events: (a) payment by Respondent of the EPA Penalty described in
Paragraph 44; (b) completion by Respondent of the Conditions described in Paragraphs 48
through 51; and (c) payment by Respondent of all stipulated penalties in accordance with
Paragraphs 67 and 68. Upon termination EPA shall provide written notice to Respondent
acknowledging that the Consent Agreement has terminated.
83. Respondent shall comply with all terms of the Consent Agreement and Final
Order. The terms of this Consent Agreement and Final Order shall apply to and be binding upon
Complainant and Respondent, and Respondent's agents, successors and/or assigns. Respondent
shall take steps to require that all contractors, employees, consultants, firms or other persons or
entities acting for Respondent with respect to matters included herein comply with the terms of
this Consent Agreement and Final Order.
F. EFFECTIVE DATE
84. Respondent and Complainant agree to issuance of the attached Final Order. Upon
filing, the EPA will transmit a copy of the filed Consent Agreement to the Respondent. This
Consent Agreement and attached Final Order shall become effective after execution of the Final
Order by the Regional Judicial Officer, on the date of filing with the Hearing Clerk.
34
IN THE AMYTEROFIowaCio IowaSanitmyLandfill
Consent Agreement and Final Order
Page 35 of 38
The foregoing Consent Agreement In the Matter of Iowa City, Iowa Landfill, Docket No.
CAA -07-2016-0027, is hereby Stipulated, Agreed, and Approved for Entry
FOR COMPLAINANT:
U.S. ENVIRONMENTAL PROTECTION AGENCY
Date
Date
35
Becky Weber
Director, Air and Waste Management
Division
U.S. Environmental Protection Agency
Region 7
Alex Chen
Senior Counsel
U.S. Environmental Protection Agency
Region 7
IN THE MATTER OF Iowa City, Iowa Sanitaiy Landfill
Consent Agreement and Final Order
Page 36 of 38
The foregoing Consent Agreement In the Matter of Iowa City, Iowa Landfill, Docket No.
CAA -07-2016-0027, is hereby Stipulated, Agreed, and Approved for Entry
FOR RESPONDENT:
IOWA CITY, IOWA
June 6, 2016 z— /
Date SWnature
James A: Throgmorton
Printed Name
Mayor
Title
CO A tgrney'w Offic o
410 E. Washington St, Iowa City IA 52240
Address
42-6004805
Respondent's Federal Tax ID Number
Attest
36
IN THE MATTER OF Iowa City, Iowa Sanitary Landfill
Consent Agreement and Final Order
Page 37 of 38
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 7
11201 RENNER BOULEVARD
LENEXA, KANSAS 66219
IN THE MATTER OF:
Iowa City, Iowa Sanitary Landfill
3900 Hebl Avenue
Iowa City, Iowa
CONSENT AGREEMENT AND FINAL
ORDER
CAA Docket No: 07-2016-0027
Pursuant to 40 C.F.R. § 22.18(b) of the EPA's Consolidated Rules of Practice and section 113(d)
of the Clean Air Act, 42 U.S.C. § 7413(d), the attached Consent Agreement resolving this matter
is incorporated by reference into this Final Order and is hereby ratified.
The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective
immediately.
So ordered.
Date
Karina Borromeo
Regional Judicial Officer
IN THE MATTER OF Iowa City, Iowa Sanitmy Landfill
Consent Agreement and Final Order
Page 38 of 38
CERTIFICATE OF SERVICE
I hereby certify that a copy of Consent Agreement and Final Order was mailed via United
States Postal Service certified mail, return receipt requested, postage paid, this day of
, 2016 to:
Date
Chris O'Brien
Resource Management Director
City of Iowa City
410 E Washington Street
Iowa City, Iowa 52240
Eleanor M. Dilkes, Esq.
City Attorney
City of Iowa City
410 E Washington Street
Iowa City, Iowa 52240
38
0
`.® CITY OF IOWA CITY 3
'N MEMORANDUM -
Date: June 1, 2016
To: Geoff Fruin, Interim City Manager
From: Chris O'Brien, Director of Transportation and Resource Management
Re: Consent Agreement with EPA — June 6, 2016 City Council Meeting
Introduction:
At the June 6, 2016 City Council Meeting, consideration will be given to a resolution approving a
consent agreement with the United States Environmental Protection Agency regarding the Iowa
City Sanitary Landfill.
History/background:
On July 15, 2014 the regional office of the Environmental Protection Agency (EPA) conducted a
random inspection of the Iowa City Sanitary Landfill. Following that inspection, the EPA issued
a request for information to Iowa City on December 12, 2014. Iowa City provided the requested
information on March 18, 2015. After review of the documents provided by Iowa City, the EPA
issued a Finding of Violation (FOV) to Iowa City on September 3, 2015. The FOV outlined
violations of Section 111 of the Clean Air Act and the implementing regulations as it relates to
the gas collection systems of sanitary landfills.
On January 1, 2014, prior to the EPA inspection and after a request for proposals, the City
retained a new landfill consultant, Barker Lemar. When preparing the first semi-annual reports
in early 2014 Barker Lemar identified issues relating to oxygen exceedences and positive
pressures that were subsequently identified by the EPA. Barker Lemar recommended the City
do an evaluation of the well field and training of staff in tuning of the well field and outlined
corrective measures that should be taken to maintain a healthy and compliant well field, which
resulted in an amendment to their contract executed by Council on June 14, 2014.
In between the time that Iowa City provided the EPA with the information they requested and
the FOV was issued, the Sanitary Landfill went through a change in reporting structure. The
Iowa City Sanitary Landfill Operations was merged with the Transportation Services Department
to form the Transportation and Resource Management Department.
Discussion of Solution:
Following the issuance of the FOV from the EPA, the Transportation and Resource
Management Department worked very closely with the City Attorney Office, Barker Lemar
Engineering Consultants and the EPA to negotiate an agreement resulting in the Consent
Agreement and Final Order. As noted in the Agreement, most of the measures agreed to in the
final Consent Agreement are already in progress. These include improvements to operational
and documentation procedures, third party audits of the Iowa City gas collection system, a
portal for EPA to review reports related to Iowa City Landfill operations and two Supplemental
Environmental Projects that will improve landfill monitoring and operations.
Financial Impact:
Iowa City will be required, as a part of the settlement of the claims alleged in the Consent
Agreement and Final Order, to complete two Supplemental Environmental Projects (SEP) over
June 1, 2016
Page 2
the next twelve months at a cost of $109,092 and pay a fine in the amount of $8,225. The SEP
projects include the purchase and installation of four cameras and associated equipment that
include thermal imaging and software capable of providing early warning alerts to staff as
surface and subsurface temperatures are observed. In addition, the Iowa City Sanitary Landfill
will create and implement a landfill fire risk management plan. This project will provide pre -
emergency event planning, coordination and on-site training to landfill staff, management and
emergency personnel. These SEP projects are already included in our budget for both
operations and the CIP plan.
Recommendation:
The Transportation and Resource Management Department recommends approval of this
Consent Agreement and Final Order. Extensive, collaborative dialogue has been ongoing
between the City Attorney's Office, Barker Lemar Engineering Consultants and the EPA to
finalize the proposed agreement. Many of the necessary improvements have been
implemented with the remainder in process. Approval of this Resolution will allow for the final
required steps to be taken to address the remaining requirements in the Consent Agreement
and Final Order.
Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
RESOLUTION NO. 16-1
RESOLUTION ACCEPTING THE WORK FOR THE MERCER PARK
PLAYGROUND REPLACEMENT PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Mercer Park Playground Replacement Project, as included in a contract between the City of Iowa
City and Dostals Construction Company, Inc. of Gretna, NE , dated November 18th 2015, 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 Mercer Park Playground account #R4186;
and
WHEREAS, the final contract price is $247,500.
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 6th day of
ATTEST: �i2ca!%ri f( 7i��liy
CITYCLERK
June
M OR
Approved by
2016 .
t
City Attorney's Office (p l&
It was moved by Botchway and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
Pmng/masters/acptmrk.doc
5116
NAYS: ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
3d(4)
ENGINEER'S REPORT
May 25, 2016
3d Lq)
� r �
1
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
City Clerk
Iowa City, Iowa
Re: Mercer Park Playground Replacement Project
Dear City Clerk:
I hereby certify that the construction of the Mercer Park Playground Replacement Project has
been completed by Dostals Construction Company, Inc. of Gretna, NE in substantial
accordance with the plans and specifications prepared by Outdoor Recreation Products.
The project was bid as a unit price contract and the final contract price is $ 247,500.
There were no changes or extra work orders for the project.
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
_ �" 4�1
Jason Havel, P.E.
City Engineer
pweng/masters/engrpt. doe
3d �GJ
Prepared by: Susan Dulek, Ass't City Atty, 410 E. Washington St., Iowa City, IA 52240 319.356.5030
RESOLUTION NO. 16-179
RESOLUTION TO SUBMIT A HAZARD MITIGATION GRANT PROGRAM APPLICATION
TO PURCHASE PROPERTY IN THE 100 -YEAR FLOODPLAIN, PROVIDE THE 25%
REQUIRED LOCAL MATCH AND AUTHORIZIE THE CITY MANAGER TO SUBMIT AND
SIGN ALL CONTRACTS AND AMENDMENTS FOR SAID PROGRAM.
WHEREAS, the City of Iowa City has prepared an application to submit to the Iowa Homeland
Security and Emergency Management Division (HSEMD) for funding to acquire three residential
properties from the Hazard Mitigation Grant Program through the Federal Emergency Management
Agency (FEMA), in the amount of $535,544; and
WHEREAS, the City of Iowa City recognizes the fact that this grant is based on a cost share basis
with the federal share of 75% and the local share of 25% of the total project cost, which can be either
cash or in-kind match; and
WHEREAS, the City of Iowa City anticipates a total estimated project cost of $535,544, which would
require Iowa City to contribute 25% or $133,886.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City of Iowa City shall submit an application for the Hazard Mitigation Grant Program for the
acquisition of up to two homes in the 100 -year floodplain.
2. The City of Iowa City agrees to provide and make available at least $133,886 of local monies to
meet the minimum 25% match requirement for this mitigation grant application.
3. The City Manager is hereby authorized to execute on behalf of the City of Iowa City this mitigation
project application and to file it with HSEMD for the purpose of obtaining financial assistance
under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL 93-288, as
amended) and the Code of Iowa, Chapter 29C. The City Manager is further authorized to execute
the grant agreement, if awarded, and any amendments thereto. The City Manager is designated
at the City's Authorized Representative.
Passed and approved this 6th day of June , 2016.
MAYOR
Approved by
ATTEST: 7� ) � ��J <�— C) — I �_
CI ERK City Attorney's Office
Resolution No. 16-179
Page 2
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Dickens the
%
Botchway
%
Cole
%
Dickens
%
Mims
%
Taylor
%
Thomas
%
Throgmorton
3III,►��, CITY OF IOWA CITY 3
CITY OFFIOWA CITY MEMORANDUM
IOWA
UNESCO CITY OF LITERATURE
Date: June 2, 2016
To: Geoff Fruin, Interim City Manager
From: Marcia Bollinger, Neighborhood Outreach Coordinator
Re: Hazard Mitigation Grant Program Application
Introduction:
At your June 6, 2016 City Council meeting, the Council will consider an application for Hazard
Mitigation Grant Program Funds to acquire up to two properties in the 100 year floodplain.
History/Background:
The State of Iowa will receive FEMA disaster funding under the Hazard Mitigation Grant
Program (HMGP). The City submitted a Notice of Intent to the State to apply for these funds
based on interest from eligible property owners in the Creekside Park area that are within the
Ralston Creek100-year floodplain. The program is completely voluntary. The homeowner can
withdraw from the program at any time if they do not wish to proceed with the sale.
Based on preliminary correspondence with the Iowa Homeland Security and Emergency
Management Division, the City anticipates funding based on a total project cost of $535,544.
Discussion of Solutions:
The City's long term goal is to reduce property damage by floods and eliminate this risk
whenever feasible. This program would allow the City to purchase up to two homes located in a
100 -year floodplain. The homes would be demolished and the land dedicated to green space,
thereby eliminating the threat of additional property damage.
Financial Impact:
Based on a total estimated project cost of $535,544, Iowa City would receive $401,658 (75% of
total project costs) in FEMA funding and would provide at least $133,886 in local funds. The
City must provide a 25% local match on total project costs. The State is no longer providing a
10% project match as the funds are no longer considered disaster recovery. The City
anticipates using general fund dollars for the local match.
Recommendation:
Staff recommends the submittal of the HMGP application to acquire up to two properties in the
100 -year floodplain. If you have any questions, please contact me at 319.356.5237 or Marcia-
bollinger@iowa-city.org.
Prepared by: Kumi Morris, Facilities Manager, 410 E. Washington St., Iowa City, IA 52240 (319)356-5082
RESOLUTION NO. 16-180
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE PARKING GARAGE MAINTENANCE PROGRAM
AND BRIDGE REPAIR 2016 PROJECT.
WHEREAS, Western Specialties Contractor of West Des Moines, Iowa has submitted the lowest
responsible bid of $ 361,066.45 for construction of the above-named project; and
WHEREAS, funds for this project are available in the Parking Facility Restoration Repair account
# T3004.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The contract for the construction of the above-named project is hereby awarded to
Western Specialties Contractor, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign the contract for construction of the above-named
project and the Contractor's Bond, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
3. The Director of Resource Management is authorized to execute change orders as they
may become necessary in the construction of the above-named project.
Passed and approved this 6th day of June, 2016. /
M� OR
Approved by
ATTEST: J e
CI ERK City Attomey's Office
It was moved by Botchway and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
X
X
ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
SAENGARCHITECTURE FILEXProjectslParking Garage Maintenance Program 2015 through 20181Front Ends and Bids Documents and
Notices1201MESOLUTION-AWARD Parking Garage Maintenance Program and Bridge Repair 2016 Project to Award Contract no aitemates.doc
Prepared by: Kumi Morris, Facilities Manager, 410 E. Washington St., Iowa City, IA 52240 (319)356-5082 3d(7)
RESOLUTION NO.
RESOLUTION AWARDING CONTRACT AND AUTHORIZI
SIGN AND. THE CITY CLERK TO ATTEST A
CONSTRUCTION OF THE PARKING GARAGE MAINTI
AND BRIDGR REPAIR 2016 PROJECT. J
WHEREAS,
responsible bid of
WHEREAS, the bid includes
WHEREAS, funds for this proje
# T3004 and the Annual Bridge
_ of
Tor construction of the
base bid and Alternates
MAYOR TO
tACT FOR
PROGRAM
has submitted the lowest
J project; and
and
available in the ParIg Facility Restoration Repair account
:Hance and Repair a count #53910
NOW, THEREFORE, BE IT RESOLVE BY THE
CITY, IOWA, THAT:
1. The contract for the construction of e
Alternates #
adequate performance and payment
program statements.
COUNCIL OF THE CITY OF IOWA
,e -named project for the base bid plus
is hereby awarded to
ject to the condition that awardee secure
ince certificates, and contract compliance
2. The Mayor is hereby authorized to Ogn the contrac or construction of the above-named
project and the Contractor's Bond, ubject to the con on that awardee secure adequate
performance and payment bo7agement
surance certificates, d contract compliance program
statements.
3. The Director of Resource M is authorized to exec to change orders as they
may become necessary int construction of the above-named p 'ect.
Passed and approved this 6th da)(of June, 2016.
ATTEST:
CITY CLERK
It was moved by _
adopted, and upon
MAYOR
Approved by
City Attorneys Office
and seconded by the Resolution be
there were:
NAYS: ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
NOTICE TO BIDDERS
CITY OF IOWA CITY PARKING GARAGE MAINTENANCE PROGRAM AND BRIDGE REPAIR 2016
PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the
2ntl day of June, 2016. Sealed proposals will be opened immediately thereafter by the City Engineer or
designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project.
Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon
by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 6t' day of June,
2016, or at special meeting called for that purpose.
There will be a recommended pre-bid meeting visiting the sites. This will start at 2 p.m. local time on
Thursday, May 24, 2016 in the Tower Place Parking Ramp conference room, located at 335 East Iowa
Avenue in Iowa City.
The Project will involve the following:
The 2016 Project focuses on minor concrete floor repairs and membrane coating and recoating in the
Dubuque Street Ramp. Additional efforts in this facility include membrane removal areas, top level stair
tower flashing, minor repairs to deteriorated overhead concrete and expansion joints, plus other isolated
structural and waterproofing repairs throughout the garage. Further efforts are also planned in the
following facilities, including but not limited to the following: Capitol Street Ramp will have minor repairs
to deteriorated concrete, leaking sealant replacement and shear connector weld repairs; and Tower
Place Garage will have minor repairs to isolated concrete floor spalls, replacement of expansion joints
and membrane strip installations.
Additionally three road bridges in Iowa City that are in need of bridge expansion joint membrane
replacement will be bid as add alternates. The three bridges are Iowa Avenue Bridge, Gilbert Street
Bridge and Chauncey Swan.
All work is to be done in strict compliance with the plans and specifications prepared by THP Limited, Inc.,
of Cincinnati, Ohio, which have heretofore been approved by the City Council, and are on file for public
examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed
envelope, separate from the one containing the proposal, by a bid bond executed by a corporation
authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be
made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City
of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of
the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful
performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this
notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a
period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made.
Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish a bond in an amount equal to one hundred percent
(100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall
guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from
all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall
also guarantee the maintenance of the improvement for a period of one (1 ) year(s) from and after its com-
pletion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Early Start Date: June 20, 2016
Final Completion Date: November 4, 2015
Liquidated Damages: $500.00 per day
The plans, specifications and proposed contract documents may be examined at the office of the City
Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at
Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa
52240, Phone: 319-354-5950 Fax:319-354-8973 Toll -Free 800-779-0093 by bona fide bidders.
A $50.00 refundable fee is required for each set of plans and specifications provided to bidders or other
interested persons. The fee shall be in the form of a check, made payable to Technigraphics. The fee will
be returned if the plans are returned in unmarked and reusable condition within 15 days of Council Award.
NTB-1
A separate and nonrefundable $15.00 shipping and handling fee will apply to plans that are sent through
postal mail. Prospective bidders are advised that the City of Iowa City desires to employ minority contrac-
tors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa
Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation
Contracts Office at (515) 239-1422.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with
whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract
amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed
subcontractors, together with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and coal
produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa
Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities
and irregularities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
NTB-2
"MrTrm
3
Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 16-181
RESOLUTION APPROVING THE FINAL CONTRACT PRICE FOR THE 2015 SEWER
REPAIR PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
2015 Sewer Repair Project, as included in a contract between the City of Iowa City and Calacci
Construction of Iowa City, Iowa, dated May 20, 2015, be accepted; and
WHEREAS, the Engineers Report and the performance and payment bond have been filed in the
City Engineer's office; and
WHEREAS, funds for this project are available in the Annual Sewer Repair account # V3101; and
WHEREAS, this work was accepted by this Resolution No. 16-120 but the final contract price was
inaccurately stated therein; and
WHEREAS, the final contract price is $142,427.22; and
WHEREAS, this resolution is to correct the final contract amount.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The final contract price of $142,427.22 is approved.
2. The retainage held per Iowa Code Chapter 573 shall be released 30 (thirty) days after the
original acceptance date of May 3, 2016.
Passed and approved this 6th day of June , 20 16
C�` ��
M OR c
Approved by
ATTEST: u
CITY -CLERK City Attorney's Office Z/yam
Resolution No.
Page 2
16-181
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
Dickens the
AYES:
NAYS: ABSENT: ABSTAIN:
X
Botchway
X
Cole
X
Dickens
X
Mims
X
Taylor
X
Thomas
X
Throgmorton
3d(9)
Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197
RESOLUTION NO. 16-182
RESOLUTION AUTHORIZING THE PROCUREMENT OF TWO (2) MEDIUM
DUTY CAB AND CHASSIS TRUCKS
WHEREAS, two (2) plow trucks are budgeted for replacement in Fiscal Year 2016; and
WHEREAS, Bid #16-277 was solicited for this purchase; and
WHEREAS, the total purchase price of the two (2) cab and chassis trucks is $161,945.00; and
WHEREAS, this amount 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 # 81710520; 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 above is approved.
2. The City Manager is authorized to take the steps necessary to make the purchase.
Passed and approved this 6th day of June , 2016.
MP(YOR
A proved by
ATTEST: blek-
C T ERK ity ttorney's Office /y//�
Resolution No. 16-182
Page 2
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT: ABSTAIN:
Dickens
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
the
r
P1�"• p CITY OF IOWA CITY
Nr� MEMORANDUM
Date: June 2, 2016
To: City Manager
From: Dan Striegek Equipment Superintendent g
Re: June 6, 2016 City Council Meeting
Introduction: At the June 6, 2016 City Council meeting, consideration will be given to a
resolution approving the purchase of two (2) medium duty cab and chassis trucks from Truck
Country of Cedar Rapids, IA.
HistorylBackground: The City of Iowa City Streets Division currently has two (2) plow trucks
that are budgeted for replacement in Fiscal Year 2016. These trucks are used for snow removal
in the winter months and general hauling throughout the year.
Discussion of Solutions: Request for Bid #16-277 was solicited for this purchase on May 18,
2016. Truck Country of Cedar Rapids was the only vendor to submit a bid and pricing is fair and
reasonable in comparison to the last plow truck cab and chassis purchased in FY13. The two
(2) truck bodies were approved under Resolution # 16-149 on May 17, 2016.
Financial Impact: The total cost for both cab and chassis trucks are $161,945.00. Funds for
this purchase are available in 81710520.
Recommendation: Due to the age and condition of the current plow trucks, it is recommended
this purchase for replacement be approved.
mmTram-
3d(10)
Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 16-183
RESOLUTION RESCINDING RESOLUTION 16-117 AND AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ASPHALT
RESURFACING PROJECT 2016.
WHEREAS, Resolution 16-117 contained a typographical error incorrectly awarding this contract
to a company that did not bid on the project; and
WHEREAS, L.L. Pelling Company of North Liberty, Iowa submitted the lowest responsible bid of
$975,732.56 for construction of the above-named project; and
WHEREAS, funds for this project are available in the Pavement Rehabilitation Fund account #
S3824.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Resolution 16-117 is hereby rescinded.
2. The contract for the construction of the above-named project is hereby awarded to L.L.
Felling Company, subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
3. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
4. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above-named project.
Passed and approved this 6th day of June 2016.
MOOR
Approved by
ATTEST: )Utewi 7L
CITY RK City Attorney's Office/y�)�
Resolution No. 16-183
Page 2
It was moved by Botchwav and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS
ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 16-184
RESOLUTION DETERMINING THE NECESSITY OF AND SETTING DATES OF
A CONSULTATION (JUNE 23) AND PUBLIC HEARING (JULY 19) ON A
PROPOSED AMENDMENT NO. 14 TO THE CITY -UNIVERSITY PROJECT I
URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA
WHEREAS, The City has previously determined the City -University Project I Urban Renewal
Area, as amended, to have areas of slum and blight and to be appropriate for economic
development, and designated it as appropriate for various urban renewal projects; and
WHEREAS, the City Council desires to amend the Urban Renewal Area and Plan to add certain
land thereto, and
WHEREAS, the objective of adding the proposed land to the Urban Renewal Area is to facilitate
a possible public/private partnership for the redevelopment of the land; and
WHEREAS, Iowa Code Chapter 403 requires the City Council to notify all affected taxing
entities of the consideration being given to the City -University Project I Urban Renewal Plan
Amendment No. 14 and to hold a consultation with such taxing entities with respect thereto; and
WHEREAS, Iowa Code Chapter 403 further requires the City Council to hold a public hearing on
the proposed City -University Project I Urban Renewal Plan Amendment No. 14 subsequent to
notice thereof by publication and mail, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Section 1. That one or more economic development areas, as defined in Chapter 403,
Code of Iowa, exist within the City, and rehabilitation, conservation, redevelopment,
development, or combination thereof, of the area is necessary in the interest of the public
health, safety, or welfare of the residents of the City; and
Section 2. That the consultation on the proposed Amendment No. 14 to the City -
University Project I Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as
amended, shall be held at 11:30 A.M. on Thursday, June 23, 2016 in the City Manager's
Conference Room, City Hall, Iowa City, Iowa and Wendy Ford, Economic Development
Coordinator, is hereby appointed to serve as the designated representative of the City for
purposes of conducting said consultation, receiving any recommendations that may be made
with response thereto and responding to the same in accordance with Section 403.5(2).
Section 3. That the City Clerk is authorized and directed to cause a notice of said
consultation to be sent by regular mail to all affected taxing entities, as defined in Section
403.17(1), along with a copy of the proposed City -University Project I Urban Renewal Plan,
Amendment No. 14. Said notice shall be in substantially the following form:
NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE
CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING
ENTITIES CONCERNING THE PROPOSED CITY -UNIVERSITY
PROJECT I URBAN RENEWAL PLAN, AMENDMENT NO. 14
FOR THE CITY OF IOWA CITY, IOWA
The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as
defined in Section 403.17(1) of the Code of Iowa, as amended, commencing at 11:30 A.M. on
Thursday, June 23, 2016 in the City Manager's Conference Room, City Hall, Iowa City, Iowa
Resolution No. 16-184
Page 2
concerning a proposed City -University Project I Urban Renewal Plan, Amendment No. 14, a
copy of which is attached hereto.
Each affected taxing entity may appoint a representative to attend the consultation. The
consultation may include a discussion of the estimated growth in valuation of taxable property
included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on
the affected taxing entities, the estimated impact on the provision of services by each of the
affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond
issuance included in said Plan.
The designated representative of any affected taxing entity may make written
recommendations for modification to the proposed division of revenue no later than seven days
following the date of the consultation. Wendy Ford, Economic Development Coordinator, as the
designated representative of the City of Iowa City, shall submit a written response to the
affected taxing entity, no later than seven days prior to the public hearing on the proposed City -
University Project I Urban Renewal Plan, Amendment No. 14, addressing any recommendations
made by that entity for modification to the proposed division of revenue.
This notice is given by order of the City Council of the City of Iowa City, Iowa, as
provided by Section 403.5 of the Code of Iowa, as amended.
Dated this day of
City Clerk, Iowa City, Iowa
(END OF NOTICE)
Section 4. That a public hearing on the proposed City -University Project I Urban
Renewal Plan, Amendment No. 14 shall be held before the City Council on July 19, 2016 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.
Section 5. That the City Clerk is authorized and directed to give public notice of this
public hearing in the "Press -Citizen," once on a date not less than four (4) nor more than twenty
(20) days before the date of said public hearing, and to mail a copy of said notice by ordinary
mail to each affected taxing entity, such notice in each case to be in substantially the following
form:
NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF
A PROPOSED AMENDMENT TO THE CITY -UNIVERSITY
PROJECT I URBAN RENEWAL PLAN IN THE CITY OF IOWA
CITY, IOWA
The City Council of the City of Iowa City, Iowa will hold a public hearing at its meeting on
July 19, 2016 which commences 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 to consider adoption of the City -University Project I Urban Renewal Plan,
Amendment No. 14 (the "Plan") which adds land to the area.
A copy of the plan amendment is on file for public inspection in the office of the City
Clerk, City Hall, Iowa City, Iowa.
The City of Iowa City, Iowa is the local agency which, if such Plan is approved, shall
undertake the urban renewal activities described in such plan amendment.
This plan amendment adds land to the urban renewal area with the objective of the
objective of adding the proposed land to the Urban Renewal Area is to facilitate a possible
public/private partnership for the redevelopment of the land. To accomplish this objective, and
to encourage the further development of the Urban Renewal Area, the plan, as amended,
provides that such special financing activities may include, but not be limited to, the making of
loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The
City also may install, construct and reconstruct streets, parking facilities, open space areas and
Resolution No. 16-184
Page 3
other substantial public improvement, and may acquire and make land available for
development or redevelopment by private enterprise as authorized by law. The plan, as
amended, provides that the City may issue bonds or use available funds for such purposes and
that tax increment reimbursement of such costs will be sought if and to the extent incurred by
the City.
Any person or organization desired to be heard shall be afforded an opportunity to be
heard at such hearing.
This notice is given by order of the City Council of Iowa City, Iowa, as provided by
Section 403.5 of the State Code of Iowa.
Dated this _ day of
s/Marian K. Karr
City Clerk, Iowa City, Iowa
(END OF NOTICE)
Section 6. That the proposed City -University Project I Urban Renewal Plan for the City -
University Project I Urban Renewal Area, Amendment No. 14 is hereby officially declared to be
the proposed City -University Project I Urban Renewal Plan, Amendment No. 14, referred to in
said notices for purposes of such consultation and hearing and that a copy of said Amendment
No. 14 shall be placed on file in the office of the City Clerk.
PASSED AND APPROVED this 6 day of June,. 2016.
MP6r
ATTEST:
Cite City Attorney's Officr /
Resolution No. 16-184
Page 4
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES
NAYS: ABSENT: ABSTAIN:
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
r
CITY OF IOWA CITY 3e(1)
'��`�� MEMORANDUM
To: Geoff Fruin, Interim City Manager
From: Wendy Ford, Economic Development Coordinator
Date: May 27, 2016
Re: June 6, 2016 Agenda Item: Resolution of Necessity for Amendment #14 to City -
University Project I Urban Renewal Area
Introduction
The purpose of this Amendment #14 is to add land to the existing City -University Project 1
Urban Renewal Area. Eventually, the City expects to consider a potential urban renewal
project on the amended portion. To consider the project and the use of tax increment
financing for it, it must be on land included in the Urban Renewal Area. The Resolution of
Necessity for your consideration today initiates the process for considering the amendment
of land, which will conclude at a public hearing on July 19, 2016.
History/background
The original City -University Project I Urban Renewal Area was established in 1969 and has
been amended 13 times to accomplish various urban renewal objectives.
Discussion of Solution
This amendment adds the city block and adjacent right of way on which City Hall, the Fire
Station and the former Unitarian Church exist.
Each time a plan is amended, Council must pass a Resolution of Necessity. Following that,
a consultation with affected taxing entities must be held and a public hearing set. This
Resolution sets the tax entity consultation for June 23, 2016 and the public hearing for July
19, 2016. Because this amendment includes the addition of land to the area, the
amendment must also be reviewed by the Planning and Zoning Commission. The date for
the Planning and Zoning Commission consideration of this item will be July 7, 2016. These
are the steps required by law to add land to the area.
When the expected project becomes fully defined, the plan would be amended again to
include the project description, a range of dates over which the project is expected to be
completed, and the amount of tax increment financing to be considered for the project.
Recommendation
Staff recommends the Resolution of Necessity for City University Project 1 Urban Renewal
Area Amendment #14 be approved so the approval process may begin.
Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)3565144
RESOLUTION NO. 16-185
RESOLUTION SETTING A PUBLIC HEARING ON JUNE 21, 2016 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE 2016 LANDFILL GAS COLLECTION SYSTEM
EXPANSION 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 2016 Landfill Gas Collection System
Expansion Project account # L3327.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY. IOWA:
1. 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 21 st day of June,
2016, 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 6th day of June 120 16
M OR
� Q Approved by
ATTEST: �%/�iL!!1Ir% �� • 7�l�G>/ ._'4"C
CITY RK City Attorney's Office �_/7711&
pwengVnasterslsetph.dw
1/11
Resolution No. 16-185
Page 2
It was moved by Botchway and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS
ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
�c�f,�
�®�m�
CITY OF IOWA CITY
MEMORANDUM
DATE: May 27, 2016
TO: Geoff Fruin, Interim City Manager
FROM: Chris O'Briek!'Transportation and Resource Management Department
RE: 2016 Landfill Gas Collection System Expansion Project
Introduction:
At the June 6 City Council meeting, consideration will be given to a resolution setting a public
hearing to approve plans and specifications for the 2016 Landfill Gas Collection System
Expansion Project.
History/Background:
The City of Iowa City owns and operates the Iowa City Landfill and Recycling Center located at
3900 Hebl Avenue. The landfill operates a gas collection system in accordance with state and
federal air quality regulations. The landfill gas is currently collected through a system containing
roughly 70 gas wells that funnel the gas to the flare where the methane is eliminated. This
original gas collection system was installed in 2000 and has operated continuously the past 16
years except for periodic minor shut downs for cleaning, repairs and other maintenance items.
Since the original installation the landfill has continued to expand, requiring an expansion of the
landfill gas collection system to serve the additional cells.
Discussion of Solution:
The 2016 Landfill Gas Collection System Expansion Project has been designed by Barker
Lamar Engineering Consultants and is ready to be bid for construction. The gas collection
system will be expanded to capture gas from recently constructed landfill cells along with
improved overall site coverage over older cells. This project also includes replacement of
existing gas well heads with new improved ones.
Financial Impact:
This project was approved in the City of Iowa City Capital Improvement Plan during the budget
process. The total estimated base construction cost is $840,000 with possible alternate costs of
$245,000 for a possible total estimated construction cost of $1,085,000 and will be funded by
landfill revenues.
Recommendation:
Staff recommends proceeding with the following schedule for this project.
June 6 - Set Public Hearing
June 21 - Hold Public Hearing
July 19 - Award Project
cc: Ron Knoche, Public Works Director
Daniel Scott, Project Engineer
3e(2)
5b
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5230
Resolution No 16-186
RESOLUTION APPROVING THE CONVEYANCE OF VACATED WATERFRONT
DRIVE RIGHT-OF-WAY WITHIN SOUTHGATE ADDITION, PART 1
WHEREAS, EVC Iowa City, L.L.C. (a/k/a Equity Ventures Commercial Development)
asked the City Council to vacate certain Waterfront Drive right-of-way, within the
Southgate Addition, Part 1, Iowa City, Iowa, legally described on the attached Right -
of -Way Vacation Plat; and
WHEREAS, this request has been made to allow the developer to combine this
vacated right-of-way with the adjacent lots it intends to redevelop as Southgate
Addition, Part 2, a commercial development; and
WHEREAS, an application has been made for approval of said Part 2 final plat, which
contemplates the dedication of 1,906 square feet of right-of-way to the City along
Gilbert Street; and
WHEREAS, the City desires to have this Gilbert Street right-of-way dedicated to
facilitate a future public improvement project to expand and upgrade the Gilbert Street
intersection with Highway 6, adjacent to this subdivision; and
WHEREAS, City Council set and held a public hearing on this request after notice was
published as required by law; and
WHEREAS, in accordance with state law, the City is required to receive fair market
value for this property; and
WHEREAS, Staff recommends approval of this conveyance in consideration of
payment in the amount of $79,312.80, which Staff finds to be fair market value for the
vacated Waterfront Drive right-of-way based upon an examination of the assessed
value of adjacent property, the cost of relocating the sewer lying therein, and the value
of the Gilbert Street right-of-way the applicant has agreed to dedicate to the City; and
WHEREAS, this value is based upon a calculation that deducts the value of the
Gilbert Street right-of-way to be dedicated to the City with the Southgate Addition, Part
2 final plat, which staff finds reasonable given the unique circumstances of this
dedication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, THAT:
1. The conveyance of the right-of-way vacated pursuant to Ordinance No. 16-4664
and described on the attached plat, to the adjacent property owners as tenants-in-
common for payment of fair market value, as described above, is hereby
approved.
2. The Mayor is authorized to sign, and the City Clerk to attest, any documentation
necessary to effectuate this conveyance in a form approved by the City Attorney,
and to record the same at EVC Iowa City, L.L.C's expense upon payment of the
purchase price.
Passed and approved this 6th day of June '2016.
MAYOR
Approved by
ATTEST: lfc zu HY '1��'�� /4t,:, /teems uvm�
CITYERK City Attorney's Office
Resolution No. 16-186
Page 3
It was moved by Mims and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES: NAYS
ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
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IOWA CITY, IOWA 52240
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CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-8282
www.mmsconsultants.net
RIGHT-OF-WAY
VACATION PLAT
WATERFRONT DRIVE IN
SOUTHGATE ADDITION, PART
1 IN GOVERNMENT LOT 4 OF
SECTION 15-T79N-R6W-5TH
P.M.
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
°atei 11-24-2015
Giii61iJ11iiili/!l� � 1 1w
checked 6l)M sheat NO:
1
Project No.
IC 98840011 of: 1
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RIGHT-OF-WAY
VACATION PLAT
WATERFRONT DRIVE IN
SOUTHGATE ADDITION, PART
1 IN GOVERNMENT LOT 4 OF
SECTION 15-T79N-R6W-5TH
P.M.
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
°atei 11-24-2015
Giii61iJ11iiili/!l� � 1 1w
checked 6l)M sheat NO:
1
Project No.
IC 98840011 of: 1
Sc
Prepared by: Marti Wolf, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB16-00005)
RESOLUTION NO. 16-187
RESOLUTION APPROVING FINAL PLAT OF
SOUTHGATE ADDITION, PART TWO, IOWA CITY, IOWA.
WHEREAS, the applicant, Equity Ventures Commercial Development, LC, filed with the City Clerk
the final plat of Southgate Addition, Part Two, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson
County, Iowa, to wit:
A PORTION SOUTHGATE ADDITION, PART 1 AND AUDITOR'S PARCEL 99006, BOTH LYING
IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, SECTION 15,
TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL 99006, JOHNSON
COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK
39, AT PAGE 252, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE S00003'05"E, ALONG THE EAST LINE OF SAID AUDITOR'S PARCEL 99006, A
DISTANCE OF 145.35 FEET; THENCE S01 °42'20"E, ALONG SAID EAST LINE, 78.34 FEET, TO
THE SOUTHEAST CORNER THEREOF; THENCE N89036'29"W, ALONG THE SOUTH LINE OF
SAID AUDITOR'S PARCEL 99006, A DISTANCE OF 95.30 FEET, TO THE SOUTHWEST
CORNER THEREOF; THENCE N00°23'45"W, ALONG THE WEST LINE OF SAID AUDITOR'S
PARCEL 99006, A DISTANCE OF 13.62 FEET, TO A POINT ON THE SOUTH LINE OF THE
BOUNDARY SURVEY AND LEGAL DESCRIPTION, IN ACCORDANCE WITH THE PLAT
THEREOF RECORDED IN PLAT BOOK 31, AT PAGE 39, IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89°59'52"W, ALONG THE SOUTH LINE
OF SAID BOUNDARY SURVEY AND LEGAL DESCRIPTION, 210.71 FEET, TO THE
SOUTHWEST CORNER THEREOF; THENCE N00°18'27"W, ALONG THE WEST LINE OF SAID
BOUNDARY SURVEY AND LEGAL DESCRIPTION, 24.89 FEET, TO THE NORTHWEST
CORNER THEREOF, AND A POINT ON THE SOUTH LINE OF SOUTHGATE ADDITION, PART
1, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 9, AT PAGE 54, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE; THENCE N89°58'06"W, ALONG SAID SOUTH LINE, AND ITS WESTERLY
EXTENSION THEREOF, 248.61 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE
OF S. GILBERT STREET; THENCE NORTHEASTERLY, 158.76 FEET, ALONG SAID
EASTERLY RIGHT-OF-WAY LINE, AND AN ARC OF A 1105.83 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY, WHOSE 158.62 FOOT CHORD BEARS N33°31'52"E; THENCE
N37°57'38"E, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 6.44 FEET; THENCE
NORTHEASTERLY, 218.71 FEET, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, AND AN
ARC OF A 914.55 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 218.19
FOOT CHORD BEARS N31°07'35"E; THENCE N11°33'00"E, ALONG SAID EASTERLY RIGHT-
OF-WAY LINE, 0.74 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF U.S.
HIGHWAY NO. 6; THENCE S78°27'00"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 159.69
FEET; THENCE S70°58'34"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 74.50 FEET;
THENCE S11019'06"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 40.48 FEET; THENCE
S70°57'37"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND THE NORTH LINE OF SAID
AUDITOR'S PARCEL 99006, A DISTANCE OF 136.38 FEET, TO THE SAID POINT OF
BEGINNING. SAID RESULTANT TRACT OF LAND CONTAINS 3.07 ACRES, AND IS SUBJECT
TO EASEMENTS AND RESTRICTIONS OF RECORD.
Resolution No. 16-187
Page 2
WHEREAS, the Department of Neighborhood and Development Services and the Public Works
Department examined the proposed final plat and subdivision, and recommended 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
(2015) 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
3. 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 of the
owner/subdivider.
Passed and approved this 6th day of
ATTEST: -k. y� /
CITY'EtERK
MAYOR
June
20 16
Approved by
d
City Attorney's Office / J/�
It was moved by Mims and seconded by sotchway
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Botchway
X Dickens
X Dobyns
X Hayek
X Mims
X Payne
X Throgmorton
pcdtemplateslFinel Plat - Resolution (4) doc-doc
the Resolution be
1�)C
STAFF REPORT
To: City Council Prepared by: Marti Wolf, Planning Intern
Item: SUB16-0005 Date: June 6, 2016
Southgate Addition, Part Two
GENERAL INFORMATION:
Applicant: Equity Ventures Commercial Development, LC
2 Steele Street, Suite 203
Denver, CO 80206
(720)502-5190
Contact Person: Duane Musser
1917 South Gilbert Street
Iowa City, IA 52240
(319) 351-8282
Requested Action: Final plat approval
Purpose: Re -subdivision to create 3 commercial lots
Location: 1402 S. Gilbert St., 1410 & 1411 Waterfront Drive
Size: 3.07 acres
Existing Land Use and Zoning: Commercial, CC -2
Surrounding Land Use and Zoning: North: Highway 6 and commercial, CI -1
South: Commercial, CI -1
East: Commercial, CC -2
West: Commercial, CC -2
Comprehensive Plan: South District Plan — Commercial
File Date: April 14, 2016
60 Day Limitation Period: July 13, 2016
BACKGROUND INFORMATION:
The applicant, Equity Ventures Commercial Development, LC, has submitted a final plat for
Southgate Addition, Part Two, a 3 -lot, 3.07 -acre commercial subdivision located at the intersection
of Highway 6 and Gilbert Street. The preliminary plat was approved on April 5, 2016.
There are currently three businesses located within the boundaries of the subdivision. The
applicant is proposing to reconfigure the lot lines and vacate the east to west portion of Waterfront
Drive to allow for redevelopment. The existing Car -X auto repair shop will remain on a
reconfigured lot 3, the two existing restaurants would be torn down. Carlos O'Kelley's would be
rebuilt on lot 2 and a retail store would be built on lot 1.
2
ANALYSIS:
The final plat of Southgate Addition, Part Two is in general compliance with the approved
preliminary plat and subdivision regulations. Legal papers and construction drawings are currently
being reviewed by staff. It is anticipated that these documents will be approved prior to the June 6
Council Meeting.
The area being platted will include the vacated portion of Waterfront Drive. The final plat includes
the dedication of additional right-of-way to S. Gilbert Street. Infrastructure fees include $435 per
acre for water main extension fees. Payment of these fees should be addressed in the legal
papers.
STAFF RECOMMENDATION:
Staff recommends approval of SUB16-00005, the final plat of Southgate Addition, Part Two a 3 -
lot, 3.07 -acre commercial subdivision located at south of Highway 6, west of S. Gilbert Street be
approved subject to approval of construction drawings and legal papers by the City Engineer and
City Attorney.
ATTACHMENTS:
1. Location Map
2. Final plat
Approved by:/—
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
PCM6W Reportftal plat staff reponAm
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FINAL PLAT
SOUTHGATE ADDITION, PART TWO
A RESUBDIVISION OF SOUTHGATE ADDITION PART 1 AND AUDITOR'S PARCEL 99006
IOWA CITY, IOWA
PIAT PREPARED BY: SUBOMGER, SOUDInd ERS ATTORNEY:
MMBLONSULTANTBND. ECURY VENTURES COMMERCIAL DEVELOPMEM,I-C MICHAEL I PUGH
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Prepared by: Susan Dulek, Asst. City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030
RESOLUTION NO. 16-188
RESOLUTION AUTHORIZING CONVEYANCE OF THE PROPERTY LOCATED
AT 1504 YEWELL STREET.
WHEREAS, the property at 1504 Yewell Street was declared a public nuisance and acquired by
the City through the eminent domain process for $60,000; and
WHEREAS, state law requires the City to convey the property to a buyer that will either
rehabilitate the home or demolish it and construct a new house; and
WHEREAS, the City has entered into an agreement, subjec to formal approval by the City
Council, for the sale of the property for $71,000; and
WHEREAS, conveyance of the property will best reimburse the City for the expenses incurred
and is in the public interest; and
WHEREAS, on May 17, 2016, the City Council adopted a Resolution proposing to convey its
interest in 1504 Yewell Street, authorizing public notice of the proposed conveyance, and setting
the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that
the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 1504 Yewell Street, legally
described as Lot 79, Kirkwood Heights Addition, Iowa City, Iowa.
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
It was moved by Botchway and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
X
X
X
X
X
Passed and approved this
ApprovS3
City Attorney's Office
NAYS: ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
6th day of June 2 16.
M OR
ATTEST:A) q(,".
��� CITY -CLERK
I
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 16-189
RESOLUTION APPROVING A PURCHASE AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND ASPEN VENTURES, LLC FOR
THE CITY PROPERTY TO THE NORTH OF CITY HALL THAT IS
CURRENLTY USED AS A PARKING LOT
WHEREAS, the property to the north of City Hall is owned by the City and currently used as a
Parking Lot (hereinafter "The Property"); and,
WHEREAS, The Property is legally -described as follows:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44,
ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT
RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00045'22"E, ALONG
THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION,
160.46 FEET TO CENTERLINE OF THE PLATTED ALLEY; THENCE
S89019'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON
THE WEST LINE OF SAID BLOCK 44; THENCE N00046'57"W, ALONG
SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE
NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N89021'01"E,
ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A
DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH
110 FEET OF LOT 4; THENCE NOO°46'56"W, ALONG THE EAST LINE OF
SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89021'01"E,
ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53
FEET TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477
SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD
WHEREAS, Aspen Ventures LLC (hereinafter "Aspen Ventures") is the owner of the historic
Unitarian Church property at the corner of Iowa Avenue and Gilbert Street; and
WHEREAS, Aspen Ventures desires to acquire The Property from the City and develop it as
part of the site for multi -family residential housing, office space, a multi -story parking facility,
and a fire station for use by the City; and,
WHEREAS, Aspen Ventures has offered to purchase The Property for the current appraised
value of $3,330,000.00 and The City Manager has signed a Purchase Agreement with Aspen
Ventures for said amount, which agreement is attached hereto and contingent on formal City
Council approval; and,
WHEREAS, said Purchase Agreement is contingent on the execution of a mutually agreeable
Development Agreement for the redevelopment of The Property and the Unitarian Church site
which, in addition to other mutually -agreeable terms, must include an agreement for design and
development of the combined parcels and the acquisition by the City, by a lease purchase
agreement in accordance with Section 364.4(4) of the Iowa Code, of the fire station, office
space and parking facility to be constructed by Aspen Ventures in accordance with plans and
specifications approved by the City; and,
WHEREAS, the Purchase Agreement provides that the purchase price may be adjusted by the
parties to reflect any public benefits negotiated in connection with the Development Agreement;
and,
Resolution No. 16-189
Page 2
WHEREAS, on May 17, 2016 the Council passed Resolution No. 16-154 declaring its intent to
approve the Purchase Agreement and setting a public hearing and providing for publication of
notice thereof; and
WHEREAS, notice of the public hearing was published on May 20, 2016 in the Iowa City Press -
Citizen as provided by law, and the public hearing was held on June 6, 2016; and,
WHEREAS, the Council has determined that the Purchase Agreement is in the best interests of
the City and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby approve the Purchase Agreement attached hereto for the
sale of The Property to Aspen Ventures.
2. The Mayor and City Clerk be and they are hereby authorized and directed to take all
such actions and do all such things as they shall determine to be necessary or
appropriate to ensure the City's performance as provided in the Purchase Agreement,
including the execution of any documents necessary to effectuate the transfer of land
in accordance with its terms in a form approved by the City Attorney.
3. The City Clerk is directed to certify and record the resolution at the Developer's
expense.
It was moved by Dickens and seconded by Botchway the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
X
X
X
X
X
NAYS: ABSENT:
Passed and approved this 6th day of
roved by
City Attorney's Office
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
June 2016.
zl-
M OR
ATTEST: V o�2zc 9�
CITY'CLERK
PURCHASE AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY AND ASPEN VENTURES LLC
This Purchase Agreement by and between the City of Iowa City,
hereinafter referred to as "City" and Aspen Ventures LLC, an Iowa
limited liability company, hereinafter referred to as "Buyer":
WITNESSETH:
WHEREAS, City is the titleholder of Real Estate described as:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44,
ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT
RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°45'22"E, ALONG
THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION,
160.46 FEET TO CENTERLINE OF THE PLATTED ALLEY; THENCE
S89°19144"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON
THE WEST LINE OF SAID BLOCK 44; THENCE N00046'57"W, ALONG
SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE
NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE NW 21'01"E,
ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A
DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH
110 FEET OF LOT 4; THENCE N00046'56"W, ALONG THE EAST LINE OF
SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89021'01"E,
ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53
FEET TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477
SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD
and
WHEREAS, Buyer is the titleholder of Property described as:
Lot Four (4) in Block Forty-four (44) in Iowa City, Iowa,
according to the recorded plat thereof, except the South
Forty (40) feet thereof.
and
WHEREAS, Buyer intends to develop the Property as part of the
site for multi -family residential housing, office space, a multi-
story vehicle parking facility, and a fire station for use by the
City; and,
WHEREAS, to accomplish that development Buyer desires to acquire
the Real Estate for City;
Page 1 of 8
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:
1. REAL ESTATE DESCRIPTION. The Buyer hereby offers to buy and the
City by its acceptance agrees to sell the Real Estate (hereinafter the
"Real Estate"). The exact legal description for the Real Estate will be
verified from Buyer's survey obtained pursuant to Paragraph 7 herein.
The Real Estate is being conveyed with any easements and
appurtenant servient estates and free from liens or encumbrances, but
subject to the following: a. any zoning and other ordinances; b. any
covenants of record; c. any easements of record for public utilities,
roads and highways designated the Real Estate; provided Buyer, on
possession, is permitted to make the following use of the Real Estate:
commercial and residential development purposes.
2. PRICE. The purchase price for the Real Estate shall be Three
Million Three Hundred Thirty Thousand ($3,330,000.00) equal to the fair
market value of the Property as determined by a current appraisal.
The purchase price may be adjusted by agreement of the parties to
reflect any public benefits arising from the Developer's Agreement
provided for in paragraph 5(A) hereof.
The purchase price shall be payable as follows: $5,000.00 to be
paid as earnest money upon acceptance of this offer, by City's City
Manager, delivered to City at the time of the release or waiver of all
contingencies herein, and the balance payable in full at the time of
closing and transfer of possession. In the event the contingencies of
this agreement, hereinafter the "Agreement," are not satisfied or
released, the earnest money shall be returned to Buyer.
3. REAL ESTATE TAXES. City shall pay any current zeal estate taxes
and any unpaid real estate taxes payable in prior years. (The Real
Estate is City owned and exempt from taxation.)
4. SPECIAL ASSESSMENTS. City shall pay all special assessments
which are a lien on the Real Estate as of the date of closing. All
other special assessments shall be paid by Buyer.
5. CONTINGENCIES. This Agreement is contingent upon the
satisfaction of the following items:
A. The execution of a mutually agreeable DeveloperTS
Agreement for the redevelopment of the Real Estate, as well as the
Buyer's Property adjacent to the Real Estate at the corner of Gilbert
Page 2 of 6
Street and Iowa Avenue. In addition to other mutually agreeable terms,
said Developer's Agreement shall include:
(i) agreement by the parties as to the plans for design and
development of the combined parcels ("The Project") and the acquisition
by the City, by a lease purchase agreement in accordance with section
364.4(4) of the code of Iowa, of the fire station and office space and
a parking deck (ramp) to be constructed by Buyer according to plans and
specifications approved by the City, and;
(ii) a mutually acceptable agreement for any easements as are
necessary to provide utilities to the Real Estate to allow Buyer to
construct the improvements in connection with The project; and
B. Buyer obtaining, in cooperation with the City, financing
for The Project suitable to the needs of both Buyer and Seller, and
acceptable to both, for both the construction period, and long term
financing.
6. SURVEY/ SUBDIVISION PLAT. Buyer, at its sole expense, shall have
the Real Estate surveyed. The legal description from the survey shall become
the description of the Real Estate for purposes of conveyance hereunder. The
survey description may be taken from a land survey, auditor's parcel plat or
subdivision plat. The parties shall cooperate in obtaining and recording
whatever survey or plat may be necessary to convey the Real Estate as
provided herein, which survey or plat shall be at Buyer's expense. If the
survey shows any encroachments on the Real Estate, such encroachments
shall be treated as a title defect.
7. RIGHT OF ACCESS BEFORE CLOSING/ INDEMNIFICATION. Prior to
closing on the purchase of the Real Estate, Buyer and its agents may
have reasonable access to the Real Estate for survey, soil tests,
environmental investigation and other similar activities for the
purpose of satisfying the contingencies at paragraph 10 of this
Agreement and other obligations of Buyer under this Agreement Buyer
shall promptly repair and restore any damage caused by such access.
Buyer hereby agrees to indemnify and hold harmless City from any and
all expenses, claims, or losses arising from or in connection with any
activities of Buyer, its officers, agents, employees, or contractors on
the Real Estate prior to the Closing Date, including without
limitation, any attorney's fees or court costs occasioned by such
claims.
Seller shall be contacted prior to any testing or on-site
investigation and the date for such testing or on-site investigation
agreed upon by the parties. Buyer will use best efforts to minimize any
damage or disruption to planted or growing crops. Buyer agrees to
repair and pay for any damage to the Property from the inspections, and
Page 3 of 8
to hold Seller harmless for the acts or omissions of Buyer or its
contractors during the course of such inspections
In the event adverse site conditions, including, but not limited
to the compaction and load bearing capacity of the soils, buried
objects, archaeological remains are discovered on the Real Estate,
Buyer's obligation hereunder shall be contingent upon the removal of
such materials, substances, conditions or wastes or other resolution of
the matter reasonably satisfactory to Buyer.
8. POSSESSION AND CLOSING. Subject to the Buyer's and City's
timely performance of all obligations herein, closing shall be held at
a time mutually agreed upon by Buyer and City but in any event within
sixty (60) days of the satisfaction of all contingencies and prior to
January 1, 2017. On and after the Closing Date and upon payment of the
Purchase Price, Buyer shall be entitled to immediate possession of the
Real Estate. This transaction shall be considered closed upon the
delivery of the title transfer documents to Buyer and City's receipt of
all funds then due at closing from Buyer under this Agreement.
The closing date may be extended by mutual agreement of the
parties. The City Manager may agree to an extension of no more than
four months without City Council approval.
9. RISK OF LOSS AND INSURANCE. The Real estate shall be preserved
in its present condition and delivered intact at the time possession is
delivered to Buyer. City shall bear the risk of loss or damage to the
Real Estate prior to closing. In the event of substantial damage prior
to closing, the Agreement shall be null and void unless otherwise
agreed in writing by the Buyer and City.
The Real Estate shall be deemed substantially damaged or destroyed
if it cannot be restored to its present condition on or before the
Closing Date or within 30 days after the intended Closing Date, in
which event the closing and transfer of possession shall be reasonably
delayed, up to 30 days, in order to allow completion of the repairs and
restoration. Until the Closing Date, City agrees to maintain existing
insurance coverage on the Real Estate and Buyer may purchase additional
insurance.
10. ENVIRONMENTAL MATTERS. City warrants to the best of its
knowledge and belief that there are no abandoned wells, solid waste
disposal sites, hazardous wastes or substances, or underground storage
tanks located on the Real Estate, the Real Estate does not contain
levels of radon gas that requires remediation under current
governmental standards, and City has done nothing to contaminate the
Real Estate with hazardous wastes or substances. City warrants that the
Real Estate is not subject to any local, state, or federal judicial or
Page 4 of 8
administrative action, investigation or order, as the case may be,
regarding wells, solid waste disposal sites, hazardous wastes or
substances, or underground storage tanks.
City shall also provide Buyer with a properly executed Groundwater
Hazard Statement showing no wells, solid waste disposal sites,
hazardous wastes and underground storage tanks on the Real Estate.
Buyer may at its expense, within ninety (90) days after the date
of acceptance, obtain a report from a qualified engineer or other
person qualified to analyze the existence or nature of any hazardous
materials, substances, conditions or wastes located on the Real Estate.
In the event any hazardous materials, substances, conditions or wastes
are discovered on the Real Estate, Buyer's obligation hereunder shall
be contingent upon the removal of such materials, substances,
conditions or wastes or other resolution of the matter reasonably
satisfactory to Buyer.
he expense of any inspection shall be paid by Buyer. The
expense of any action necessary to remove or otherwise make
safe any hazardous material, substance, conditions or waste
shall be paid by City. City may choose not to remove or otherwise make
safe said conditions and declare this Agreement null and void.
11. USE OF PURCHASE PRICE. At time of settlement, funds of the
purchase price may be used to pay taxes and other liens and to acquire
outstanding interests, if any, of others.
12. ABSTRACT AND TITLE. City, at its expense, shall obtain an
abstract of title prior to closing to the Real Estate continued to a
date no less than 30 days prior to closing, and deliver it to Buyers
for examination. It shall show merchantable title in City in conformity
with this agreement, Iowa law and Title Standards of the Iowa State Bar
Association. The abstract shall become the property of the Buyers when
the purchase price is paid in full. City shall pay the costs of any
additional abstracting and title work due to any act or omission of
City, including transfers by or the death of City or their assignees.
13. DEED. Upon payment of the purchase price, City shall convey
the Real Estate to Buyer or its assignees, by Warranty Deed, free and
clear of all liens, restrictions, and encumbrances except as provided
in Paragraph 1 above. Any general warranties of title shall extend only
to the time of acceptance of this offer, with special warranties as to
acts of City continuing up to time of delivery of the deed.
19. CARE AND MAINTENANCE. The Real Estate shall be preserved in
its present condition and delivered intact at the time possession is
delivered to Buyers, provided, however, if there is loss or destruction
Page 5 of 8
of all or any part of the Real Estate from causes covered by the
insurance maintained by City, Buyers agree to accept such damaged or
destroyed Real Estate together with such insurance proceeds in lieu of
the Real Estate in its present condition and City shall not be required
to repair or replace same.
15. TIME IS OF THE ESSENCE. Time is of the essence in this
contract.
16. REMEDIES OF THE PARTIES. If Buyer fails to timely perform
this contract, City may forfeit it as provided in the Iowa Code, and
the earnest money shall be forfeited
If City fails to timely perform this contract, Buyer has the right
to have all payments made returned to them.
Buyer and City also are entitled to utilize any and all other
remedies or actions at law or in equity available to them and shall be
entitled to obtain judgment for costs and attorney fees as permitted by
law.
17. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract
shall apply to and bind the successors in interest of the parties.
18. CONSTRUCTION. Words and phrases shall be construed as in the
singular or plural number, and as masculine, feminine or neuter gender,
according to the context.
19. CERTIFICATION. Buyers and City each certify that they are not
acting, directly or indirectly, for or on behalf of any person, group,
entity or nation named by any Executive Order or the United States
Treasury Department as a terrorist, "Specially Designated National and
Blocked Person" or any other banned or blocked person, entity, nation
or transaction pursuant to any law, order, rule or regulation that is
enforced or administered by the Office of Foreign Assets Control; and
are not engaged in this transaction, directly or indirectly on behalf
of, any such person, group, entity or nation. Each party hereby agrees
to defend, indemnify and hold harmless the other party from and against
any and all claims, damages, losses, risks, liabilities and expenses
(including attorneys fees and costs) arising from or related to my
breach of the foregoing certification.
20. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. City represents
and warrants to Buyer that the Property is not served by a private
sewage disposal system, and there are no known private sewage disposal
Systems on the property.
Page 6 of 8
21. DISCLOSURES. City acknowledges that one or more of the members
of the Buyer is a licensed Real Estate Agent.
22. GENERAL PROVISIONS. In the performance of each part of this
Agreement, time shall be of the essence. Failure to promptly assert
rights herein shall not, however, be a waiver of such rights or a
waiver of any existing or subsequent default. This Agreement shall
apply to and bind the successors in interest of the parties. This
Agreement shall survive the closing.
This Agreement contains the entire agreement of the parties and
shall not be amended except by a written instrument duly signed by City
and Buyer. Paragraph headings are for convenience of reference and
shall not limit or affect the meaning of the Agreement. This Agreement
shall be construed and interpreted in accordance with the laws of the
State of Iowa.
23. NOTICE. Any notice required under this Agreement shall be
deemed perfected when it is received in writing either by personal
delivery or upon the date of the posting of said notice by Certified
Mail. Such notices to City shall be sent or delivered to City of Iowa
City, Attn. City Manager, 410 E. Washington St., Iowa City, Iowa 52240.
Such notices to Buyer shall be sent or delivered to Aspen Ventures LLC,
c/o Jesse Allen, P.O. Box 3474, Iowa City, IA 52244 with a copy to C.
Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245.
24. IOWA CITY COUNCIL APPROVAL. City's obligations under this
Agreement are contingent upon formal approval by the City Council for
Iowa City, pursuant to Section 364.7 and Chapter 403 of the Code of
Iowa. City shall seek said approval promptly after acceptance of
execution of this Agreement by the City Manager on behalf of the City.
If this Agreement is not approved by the City Council for Iowa City
within sixty (60) clays after acceptance by the City Manager, this
Agreement shall be null and void and all earnest money shall be
returned to the Buyer.
25. TIME FOR ACCEPTANCE. If this Offer is not accepted by the City
Manager or his designee on behalf of the City on or before 5:00 P.M. on
Wednesday, May 4, 2016, it shall become null and void and all payments
shall be repaid to the Buyers.
This Offer is presented to the City on the ---t day of May, 2016.
ASPEN VENTURES LLC
Page 7 of 8
By: Jesse Allen, Manager
CITY OF IOWA CITY, IOWA
.i4Z� MAV20 @ I/. 3fl rn
By: 46off Fruin r—
Acting City Manager
Page 8 of 8
I
Prepared by: Tracy Hightshoe, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5244
RESOLUTION NO. 16-190
RESOLUTION IN SUPPORT OF THE APPLICATION OF IOWA CITY SENIOR, LLC FOR
WORKFORCE HOUSING TAX INCENTIVES PROGRAM FROM THE IOWA ECONOMIC
DEVELOPMENT AUTHORITY TO CONSTRUCT RESIDENTIAL HOUSING AT 1030-1070
WILLIAM STREET AND COMMITTING LOCAL FUNDS TO THE PROJECT.
WHEREAS, Iowa City Senior, LLC intends to apply for Workforce Housing Tax Incentives from
the Iowa Economic Development Authority to assist financing the construction of residential
housing at 1030-1070 William Street;
WHEREAS, the project consists of 40 units of mixed income residential development for
seniors 55 and older;
WHEREAS, the project is eligible for Workforce Housing Tax incentives as the location qualifies
as a grayfield site;
WHEREAS, as part of the application, the developer requires a resolution by the City
supporting the application and committing local funds;
WHEREAS, on October 20, 2015 in Resolution No. 15-340, a resolution in support of an
application for Low Income Housing Tax Credits, the City committed $600,000 in taxable bonds
or other non -tax exempt financing as local match to this project and no additional funding is
required for this application; and
WHEREAS, timing is critical as the Iowa Economic Development Authority is accepting
applications on a continuous basis and reviews applications in the order received.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City supports the Iowa City Senior, LLC application for Workforce Housing Tax
incentives.
2. The application will include a request for Workforce Housing Tax Incentives for up to 40
dwelling units in the total development.
Passed and approved this 6th day of June 2016.
MAYOR
Approved by
ATTEST: 71 �, J(/Ga�
CITY)et:ERK City Attorney's Office
Resolution No.
Page 2
16-190
It was moved by Mims and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
%
Botchway
%
Cole
%
Dickens
%
Mims
%
Taylor
x
Thomas
%
Throgmorton
l LL
1s
CITY OF IOWA CITY
MEMORANDUM
Date: June 1, 2016
To: Geoff Fruin, Interim City Manager
From: Tracy Hightshoe, Neighborhood Services Coordinator
Re: Request for Financial Assistance — Iowa City Senior, LLC
Introduction
In March, the Iowa Finance Authority awarded Low Income Housing Tax Credits to the Diamond
Senior Apartments of Iowa City project. The project is a mixed income residential development
for seniors 55 and older at 1030-1070 William Street in the Towncrest neighborhood. Iowa City
Senior, LLC requests a resolution of support to submit an Iowa Workforce Housing Tax Credit
application to the Iowa Economic Development Authority (IEDA) for this same project.
Under the Workforce Housing Tax Credit program, housing developers are eligible to receive a
refund of state sales, service or use taxes paid during construction and a state investment tax
credit up to a maximum of 10% of the investment directly related to the construction or
rehabilitation of housing. There are no rental restrictions or income limitations on the program,
but the average dwelling unit cost for the assisted units may not exceed $200,000 per unit for
new construction.
As a reminder, the proposed development will be a 40 unit, three-story building for seniors. 36
will be affordable to those under 60% median income and the remaining units will be
unrestricted, which is why the project is referred to as "mixed income."
History/Background:
The existing building was built in 1967 and was home to medical offices and commercial/service
uses; however is now vacant. The site qualifies as a grayfield site under the Workforce Housing
Tax Credit program. Grayfield sites are abandoned public buildings, industrial or commercial
properties that are vacant, blighted, obsolete, or otherwise underutilized. Senior housing is an
eligible residential use on a grayfield site.
Financial Impact:
To be eligible for the Iowa Workforce Housing Tax Credit program the applicant must receive a
resolution of support from the City Council and the City must provide at least a $1,000 per
dwelling unit match. On October 20, 2015 the City committed to a $600,000 local contribution in
support of this project and their application for federal tax credits. No additional financing is
required for this application.
Recommendation:
Staff recommends submitting a resolution of support and confirming our financial support of this
project in order for it to be considered for funding by IEDA in the next funding round.
Prepared by: Tracy Hightshoe, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5244
RESOLUTION NO.
RESOLUTION IN SUPPORT OF THE APPLICATION OF MONARCHC FOR
WORKFORCE HOUSING TAX INCENTIVES PROGRAM FROM TH IOWA ECONOMIC
DEVELOPMENT AUTHORITY TO CONSTRUCT RESIDENTIAL OUSING AT 7 S. LINN
STREET AND COMMITTING LOCAL FUNDS TO THE PROJE
WHEREAS, Monarch LLC intends to apply for Workforce
EconomicDevelopment Authority to assist financing the c
S. Linn Stree
WHEREAS, as part of the application, the developer reqs
supporting the application and committing local funds;
WHEREAS, timing is i
applications on a conti
WHEREAS, it is in the
NOW, THEREFORE, BE IT
CITY, IOWA, THAT:
as the Iowa Economic
basis and reviews apr
1. The City supports the
of the City
2. The application will include a
dwelling units in the total developme
VED
3. The City commits to providing a to
and shall enter an agreement with the aF
4. The City Manager is authorized to
Tax Incentives from the Iowa
>n of residential housing at 7
a resolution by the City
nent Authority is accepting
in the order received: and
this residential housing project.
CITY COUNCIL OF THE CITY OF IOWA
application for Workforce Housing Tax incentives.
Passed and approved this day of
for Workforce Housing Tax Incentives for up to 72
match equal to at least $1,000 per dwelling unit,
:ant for such funds.
agreement.
MAYOR
ATTEST:
CITY C ERK
2016.
roved by
City A4omey's Office
C(
DEFEATED
Prepared by: Tracy Hightshoe, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5244
RESOLUTION NO.
RESOLUTION IN SUPPORT OF THE APPLICATION OF MONARK LLC FOR
WORKFORCE HOUSING TAX INCENTIVES PROGRAM FROM THE IOWA ECONOMIC
DEVELOPMENT AUTHORITY TO CONSTRUCT RESIDENTIAL HOUSING AT 7 S. LINN
STREET AND COMMITTING LOCAL FUNDS TO THE PROJECT.
WHEREAS, Monark LLC intends to apply for Workforce Housing Tax Incentives from the Iowa
Economic Development Authority to assist financing the construction of residential housing at 7
S. Linn Street;
WHEREAS, as part of the application, the developer requires a resolution by the City
supporting the application and committing local funds; and
WHEREAS, timing is critical as the Iowa Economic Development Authority is accepting
applications on a continuous basis and reviews applications in the order received; and
WHEREAS, it is in the best interest of the City to support this residential housing project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City supports the Monark LLC application for Workforce Housing Tax incentives.
2. The application will include a request for Workforce Housing Tax Incentives for up to 72
dwelling units in the total development.
3. The City commits to providing a local match equal to at least $1,000 per dwelling unit,
and shall enter an agreement with the applicant for such funds.
4. The City Manager is authorized to sign said agreement.
Passed and approved this day of 2016.
MAYOR
pap&dy
ATTEST: 6 ' 6 'l4,
CITY CLERK City Attorney's Office
Resolution No.
Page
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway the
x Botchway
x Cole
% Dickens
% Mims
% Taylor
% Thomas
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CITY OF IOWA CITY
CITY OF IOWA CITY
MEMORANDUM
UNESCO CIN OF LITERATURE
Date: June 1. 2016
To: Geoff Fruin, Interim City Manager
From: Tracy Hightshoe, Neighborhood Services Coordinator
John Yapp, Development Services Coordinator 71-yr—
Re: Workforce Housing Tax Credits - 7 S. Linn Street Property
Introduction:
In February of 2015 the Iowa Economic Development Authority (IEDA) started accepting
applications for a new program titled Workforce Housing Tax Credits. The stated purpose of the
program is to assist the development of workforce housing in Iowa communities by providing
incentives for housing projects that are targeted at middle-income households. Housing developers
are eligible to receive a refund of state sales, service or use taxes paid during construction and an
investment tax credit up to a maximum of 10% of the investment directly related to the construction
or rehabilitation of housing. There are no rental restrictions or income limitations on the program,
but the average dwelling unit cost for the assisted units may not exceed $200,000 per unit for new
construction. Since the program was started in 2015, the City has supported the two previous
Workforce Housing Tax Credit applications that have been requested.
In April of 2015, the City approved a resolution of support for the Van Patten House LLC Workforce
Housing Tax Credit application for the property at 7 S. Linn Street. The Van Patten House LLC
project was a 12 -story mixed use development with retail, commercial and a total of 26 residential
units. 16 of the 26 units would qualify for state tax credits. At the time, it was expected that the
developer would also apply for Tax Increment Financing support from the City; however that project
did not proceed.
The project has been revised and Kevin Monson, the Managing Partner of Monarch LLC, is
proposing to build a new, mixed use 14 -story building with over 40,000 square feet of space at this
site. The new proposal includes retail/office space on the first floor, Class A office space on the
second floor, and 48 studio apartments (approximately 300 SF each) and 24 one -bedroom
apartments (approximately 500 SF) on floors two through fourteen. The developer is requesting City
support of a workforce housing tax credit application for all 72 residential units. He has further
indicated that he will no longer be seeking Tax Increment Financing support from the City.
History/Background:
The Van Patten building was severely damaged by a fire on September 24, 2011. The building was
demolished due to safety issues and the lot is currently vacant. Monarch LLC proposes to submit a
Workforce Housing Tax Credit application to the Iowa Economic Development Authority for this new
development. The market for these units is young professionals and other individuals looking for
smaller, more affordable, non -undergraduate housing in the downtown core.
The building will be designed to LEED standards and will have solar panels on the roof and a public
art component on the north facing facade. Due to the strong demand for housing in the downtown
core, the project was re -imagined to include 12 floors of housing, all of which will be eligible for the
Workforce Housing Tax Credit Program.
Financial Impact:
To be eligible for the program the applicant must receive a resolution of support from City Council
and the City must provide at least a $1,000 per dwelling unit match. The applicant requests that all
the units be considered for the program, which would require a $72,000 City match. Matching funds
June 2, 2016
Page 2
can be in the form of cash or local property tax exemption, rebate, refund or reimbursement. No
other financing assistance is being sought from the developer.
Recommendation:
The applicant requests a resolution of support and documentation of project match so that an
application can be filed as soon as possible. IEDA is accepting applications on a continuous first
come, first served based. Once all funding is allocated for the fiscal year, any applications in queue
are placed on a waiting list for the next round of funding. The IEDA does not score the applications
based on set criteria, they are reviewed to determine if the project is eligible or not.
The proposed project will not require a change to the comprehensive plan or the zoning. However,
there are other matters that must be reviewed such as parking requirements and building and zoning
code standards before a site plan may be approved for this project. One of the most significant code
requirements is parking. Parking is required for the residential units, but due to the small lot size, the
developer does not have the ability to provide on-site parking. City Code allows a developer to 'buy
out' of the parking requirement for approximately $25,000 per required parking space — this is the
estimated cost for the City to provide parking in a parking structure. Based on the current concept,
the parking requirement would be approximately $900,000 (72 units @ 0.5 parking spaces = 36
parking spaces required). Per City Code, a reduction of 100% of the parking requirement requires
approval from the Board of Adjustment. Criteria include a finding that the property will be designed
in a manner that is sensitive and complementary to adjacent properties designated as Iowa City
landmarks, registered on the national register of historic places, or individually eligible for the
national register of historic places (this standard is not intended to impose any particular
architectural style, but rather to foster a harmonious rhythm and proportion of building elements
along a street frontage and ensure that differences in mass and scale are mitigated through facade
articulation and upper story stepbacks — City Code Section 14-5A-4F(5C(2)). The building
immediately to the south of this property is a designated historic landmark and thus the Board of
Adjustment would need to consider this criterion before granting a full parking reduction.
In the Rivertront Crossings District it has been proposed that all affordable housing units be exempt
from parking requirements. City staff has internally discussed a recommendation that this elimination
of parking requirements for affordable units be extended to the downtown area as part of a larger
affordable housing strategy. While the State Housing Tax Credit program does not cap rents, it is
intended to produce lower cost workforce units and thus staff would include units covered in this
program in the parking reduction proposal. If Council would concur with this recommendation
(specific code language would need to be drafted for consideration) then the parking requirement for
the 72 units in this project would be eliminated and the developer would only need to satisfy other
routine building and zoning code items before proceeding with construction.
Staff recommends submitting a resolution of support and committing the required minimum project
match of $72,000 in order for the project to be considered for the Workforce Housing Tax Credits by
the IEDA in the next funding round. Because there are no zoning changes or tax increment
financing requests being made with this project, the Council's support of the tax credit program
coupled with future support of the code change to include elimination of parking requirements for
affordable units, including those covered by this tax credit program, would likely pave the way for the
eventual construction of this project.
The concept is attached for your review and the developer is expected to be present at the
Council meeting to provide an overview of the project.
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Late Handouts Distributed
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Marian Karr
From: HarryO3<Harry03@aol.com>
Sent: Monday, June 06, 2016 3:10 PM
To: Council (Date)
Subject: Housing and Community Development
I'm writing regarding Forest View Trailer Park where what we experienced at Rose Oak of displacement of
residence may be about to take place. When city staff assured us that no displacement of residence would occur.
Residents tell a different story being intimadated and in one case of a resident adivist given a 60 day notice to
vacate. I suggest that talks with the city end, until retaliation of residents ends.
I also believe that the 14 story project which is asking the city for $7,200 could and should be used to aid
residents and children of our community who go to bed hungry and many without safe, comfortable shelter. I
believe that our community wants to see us use money and not for projects like this and the lens. As a recent
member of the Housing and Community Development Commission I struggled on how we could best allocate
monies . Yet, not all agencies went away with what they requested and some agencies received nothing.
Thank you for your concern of our community.
Harry Olmstead
1951 Hannah John Ct.
Iowa City, Iowa 52240
319-338-2931
Sent from my Galaxy Tab® A
Prepared by: Marian K. Karr, City Clerk, 410 E, Washington St„ Iowa City, IA 52240 (319)356-5041 1)2
RESOLUTION NO. 16-191
RESOLUTION RESCINDING PRIOR RESOLUTION NO. 15-36 AND -SETTING
FEES WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS FOR
NETWORK AND METERED TAXICABS, AND ESTABLISHING A NEW FEE
FOR INSPECTION OF VEHICLES LESS THAN TEN (10) YEARS OLD
WHEREAS, Title 5, Chapter 2 of the City Code of the City of Iowa City, Iowa,
established regulations for networked and metered taxicabs and drivers operating such
vehicles within the City of Iowa City; and
WHEREAS, Title 5, Chapter 2, no longer requires mechanical inspection for vehicles
less than ten (10) years old; and
WHEREAS, Title 5, Chapter 2, requires taxicabs that are ten (10) years old or newer to
be inspected annually for color scheme, taximeter, lighted dome, and lettering only; and
WHEREAS, the City wishes to recover the costs of administering such vehicle
inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
Prior Resolution No. 15-36 establishing certain fees and charges for vehicles for
hire is hereby rescinded and this Resolution is adopted and approved in lieu
thereof.
2. The following fees are hereby established for taxicabs:
a) Processing a business application: $20.00 annually unless suspended or
revoked, with no refunds.
b) Issuance or replacement of a decal for vehicles more than ten (10) years old,
including mechanical inspection costs: $85.00 annually, unless suspended or
revoked. A $30.00 credit for each decal returned to the City Clerk will be issued
per business licensing year.
Issuance or replacement of a decal for vehicles less than ten (10) years old,
inspected annually for color scheme, taximeter, lighted dome, and lettering only:
$35.00 annually, unless suspended or revoked. A $15.00 credit for each decal
returned to the City Clerk will be issued per business licensing year.
If the City is notified by the insurance carrier of cancellation of insurance, the
decal will be removed and returned to the City Clerk's office, with no refund or
credit. The credit can only be used within the licensing year and does not carry
over to another year or is not transferable to another business. No credit will be
applied to a business for a decal confiscated by City staff.
Resolution No. 16-191
Page 2
c) Issuance of a Driver Photo Identification Cards: $15.00 annually per driver; per
business, with no refunds.
Passed and approved this 6th day of June , 2016.
MAYOR
ATTEST: 4q i
NTY CLERK
S aaxi: restaxifees.doc
Approved by
City Attorney's Office
Resolution No. 16-191
Page 3
It was moved by Botchway and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
X Botchway
x Cole
x Dickens
X Mims
X Taylor
x Thomas
x Throgmorton