HomeMy WebLinkAbout2017-08-15 Resolution�d0)
Prepared by: Jason Havel, City Engineer, 410 E. Washington St., lova City, IA 52240 (319)356-5410
Resolution No. 17-265
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Riverfront Crossings Park, Phase 2 Project
Whereas, Tricon General Construction, Inc. of Cedar Rapids, Iowa has submitted the lowest
responsible bid of $427,750.00 for construction of the above-named project; and
Whereas, funds for this project are available in the Park at Site of North WWT Plant account
#R4185; and
Whereas, the City Engineer and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the construction of the above-
named project.
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 Tricon
General Construction, Inc., 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.
Passed and approved this 15th day of August 2017.
May r
pp oved c�
ATT - 2 • J �� C7 _
C Clerk City Attorney's Office
It was moved by sotchway and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays: Absent:
Y
Botchway
X
Cole
X Dickens
X
Mims
X
Taylor
X
Thomas
X
Throgmorton
'r 1 CITY OF IOWA CIT
COUNCIL ACTION REPO 3d(''
August 15, 2017
Resolution awarding contract and authorizing the Mayor to sign and the
City Clerk to attest a contract for construction of the Riverfront Crossings
Park, Phase 2 Project
Prepared By:
Juli Seydell Johnson — Parks & Recreation Director
Reviewed By:
Ben Clark — Senior Civil Engineer
Jason Havel — City Engineer, Ron Knoche — Public Works Director
Geoff Fruin — City Manager
Fiscal Impact:
The contract amount for this project is $427,750 and will be funded with a
Federal Land and Water Conservation Fund Grant, NRPA/Disney
Playspaces Grant, Iowa city Noon Pilot Club Donation and GO Bonds.
Recommendations:
Staff: Approval
Commission: Park Commission reviewed project and recommended
approval on December 14, 2016
Attachments:
Resolution
Executive Summary:
This agenda item awards a construction contract for the Riverfront Crossings Park, Phase 2
Project.
Three (3) bids were received for the project:
Company Bid
Tricon General Construction, Inc. $427,750
Calacci Construction Company, Inc $458,914
PCI $625,316
Engineer's Estimate
$385,000
Staff recommends awarding a construction contract to Tricon General Construction, Inc.
Background / Analysis:
Phase 1 is currently under construction and includes the creation of a 5 -acre wetland, stream
restoration, trails, pedestrian bridges, and a parking area.
Phase 2 is a Nature Play Area, including the following play areas:
• 2-5 Year Old Play Area — Log slide, sand play and climbing features.
Explorer Path — Obstacle course for children made from logs, boulders and other
constructed obstacles.
Creek Access Patio and Stream Feature — Area for interaction and play with water.
Design includes Artful Rainwater Design to capture water for interaction.
• Tumble Mound and Tunnel — Sculpted earth hill with tunnel through middle.
0 5+ Year Old Play Area — Climbing, exploring and additional sand play for older children
CITY OF IOWA CITY
COUNCIL ACTION REPORT
Zip -Line Area — Dual zip line allowing individuals with limited mobility to also experience
the playground zip line. Parent-child swings and a Tee Pee structure are also in this
area.
The arches from Sabin Elementary School were salvaged when the building was demolished.
These arches will be used in the playground area as a horizontal landscape/climbing feature as
well as parts of the railroad bridge being removed from Ralston Creek.
Much of the nature play area will feature access and experiences, which allow families with a
wide range of mobility and cognitive abilities to play together. An accessible path flows through
the play spaces and will connect the playground to the parking area.
Project Timeline:
Award Date —August 2017
Construction Start — September 2017
Estimated Construction Completion — Spring 2018
3 �(J�
NOTICE TO BIDDERS
RIVERFRONT CROSSINGS PARK— PHASE 2 PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until
2:30 P.M. on the 8t' day of August. 2017. Sealed proposals will be opened immediately
thereafter. 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 15th day of August, 2017, or at special meeting called for that purpose.
The Project will involve the following:
This project includes site improvements for a nature play area within the currently under -
construction Riverfront Crossing Park, park located at site at 1001 Clinton Street, Iowa City,
Iowa. Scope of work includes installation of prefabricated play equipment; custom features
utilizing salvaged material from a deconstructed railroad bridge and salvaged architectural
stone arches; sidewalk installation; flagstone patio; seeding; planting; and other related site
construction as indicated in the Plan Documents.
All work is to be done in strict compliance with the plans and specifications prepared by
Confluence of Cedar Rapids, Iowa, 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 submitted in a
sealed envelope. In addition, a separate sealed envelope shall be submitted containing a
completed Bidder Status Form and 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. The City shall retain
the bid security furnished by the successful bidder until the approved contract form has been
executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and
the contract and bond have been approved by the City. The City shall promptly return the checks
or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is
determined or within thirty days, whichever is sooner.
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 five years (5) year(s) from and after its completion and formal acceptance by the City
Council.
AF -1
The following limitations shall apply to this Project:
Working Days:
Base Bid: 90 Working Days
Specified Start Date: May 1", 2018
Liquidated Damages: $500.00 (Five Hundred Dollars) per day
Bidders are encouraged to Log On and register as a plan holder for this project at
www.rapidsrepro.com. Once bidder has completed registration, add www.rapidsrepro.com to
company list of safe URL's. Once bidders have registered and logged on, bidders can access
bidding documents at no charge. Bidding documents may be downloaded, viewed and printed
from the website, www.rapidsrepro.com. Addenda and other project communications will be
distributed to plan holders from Rapids Reproductions. Hard copies of the Bidding Documents
may be obtained from: Rapids Reproduction, Inc., 415 Highland Ave. Iowa City, IA 52240,
Phone: (319) 354-5950, FAX: (319) 354-8973. E-mail iowacityCaD_rapidsrepro.com. Refundable
deposit in the amount of $50 is required for all hard copy sets. Plans must be returned in good
order within 10 working days from date of bid letting to receive deposits back.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of minority contractors can be obtained from the
Iowa Department of 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.
Posted upon order of the City Council of Iowa City, Iowa
JULIE VOPARIL, DEPUTY CITY CLERK
AF -2
SCI C� J
Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044
Resolution no. 17-266
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Robert A. Lee Recreation Center Remodeling 2017 Project
Whereas, Tricon General Construction of Cedar Rapids, Iowa has submitted the lowest
responsible bid of $183,000.00 for construction of the above-named project; and
Whereas, the bid includes the base bid and Alternate #1; and
Whereas, funds for this project are available in accounts # R4336 and # R4330.
Whereas, The City Engineer and City Manager are authorized to execute change orders
according to the City's Purchasing Policy as they may become necessary in the construction of
the above-named project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The contract for the construction of the above-named project for the base bid plus
Alternates #1 is hereby awarded to Tricon General Construction of Cedar Rapids, Iowa,
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.
Passed and approved this 15th day of August 2017
May*
Approved by
Atte u2c�u� z�G7✓,
Ity Clerk City Attorney's Office ��� j 7
It was moved by sotchwav and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Botchway
X
Cole
X Dickens
_X
Mims
X
Taylor
X
Thomas
X
Throgmorton
► 2 108-15-17
CITY OF IOWA CI
- COUNCIL ACTION REPO 3d 2
August 15, 2017
Resolution awarding contract and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the Robert A. Lee Recreation
Center Remodeling 2017 Project
Prepared By: Juli Seydell Johnson - Parks & Recreation Director
Reviewed By: Brett Zimmerman - Civil Engineer
Jason Havel - City Engineer
Ron Knoche - Public Works Director
Ashley Monroe — Assistant City Manager
Fiscal Impact: The contract amount for this project is $183,000 and will be funded with
GO Bonds, included in accounts #R4336 and #R4330.
Recommendations: Staff: Approval
Commission: Park Commission reviewed project and recommended
approval on June 14, 2017
Attachments: Resolution
Executive Summary:
This agenda item awards the contract for the Robert A. Lee Recreation Center Remodeling
Project 2017 to Tricon General Construction of Cedar Rapids, Iowa. This project includes
renovations to make lower level restrooms and central stairs ADA compliant along with minor
renovations to the upper level administrative office area.
Background I Analysis:
Staff recommends accepting the base bid along with Alternate #1. The base bid includes the
renovation of the two lower level lobby restrooms, installation of a lactation room, minor
remodeling of the administrative office area, and replacement of the stair railings and treads.
Alternate #1 adds access control to a lower level pair of doors.
Company
Base Bid
Alternate #1
Tricon General Construction
$181,000
$2,000
Calacci Construction Company, Inc.
$197,000
$2,000
North Construction, LLC.
$199,000
$4,200
City Construction
$210,900
$1,900
Selzer Werderitsch Associates
$222,300
$1,970
McComas-Lacina Construction, LC.
$268,800
$2,200
Engineer's Estimate
$168,826
Based upon the bids received, staff recommends awarding a construction contract to Tricon
General Construction of Cedar Rapids, Iowa.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
The Robert A. Lee Recreation Center (RALRC) was constructed in 1983. A review of the facility
in 2010 identified several areas of the facility, including rest rooms, which were not accessible to
persons with disabilities. This project renovates the two lower level lobby restrooms into two
accessible, single occupancy restrooms with entrance directly adjacent to the gym entrance and
creates a lactation room. These changes eliminate the staff office located adjacent to the gym,
necessitating a minor remodel to the administrative office area to accommodate an additional
office upstairs. The stair railing and stair treads will be replaced, as the railings do not meet
ADA standards.
Project Timeline:
Award Date — August 15 2017
Construction Start — September, 2017
Substantial Completion — December 22, 2017
NOTICE TO BIDDERS 3 `QJ
ROBERT A. LEE RECREATION CENTER REMODELING PROJECT 2017
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 8th day of August,
2017. 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 15th day of August, 2017, or at a special meeting called for that purpose.
There is a recommended pre-bid meeting. This will start at 11 a.m. local time on Thursday, July 27, 2017 in the Robert A. Lee
Recreation Center in Meeting Room B located at 220 South Gilbert Street, Iowa City, Iowa.
The Project will involve the following:
The project involves remodeling portions of the Robert A. Lee Recreation Center at 220 South Gilbert Street in Iowa City.
The work will involve the renovation of two single stall restrooms and central stairway to meet ADA compliance, the work
will also involve modifications to the administrative office area to improve access, building security and operations. The
project will be completed in phases, and will involve selective demolition, modification of hollow metal frame and wood
doors, light -gage metal framing and drywall, painting, alterations to existing mechanical system, flooring work in carpet,
epoxy terrazzo, and ceramic tile. The project will also include electrical work including power and upgrading areas with
LED lighting. The contractor will be responsible for all associated mechanical, structural and electrical work.
All work is to be done in strict compliance with the plans and specifications prepared by Neumann Monson Architects, of
Iowa City, Iowa, 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 completion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Substantial Completion date December 22, 2017 and final completion date is January 22, 2018.
Liquidated Damages: $250.00/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 $60.00 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. A separate and nonrefundable JZO.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 contractors and subcontractors on City projects. A listing of minority contractors can be obtained
from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation
Contracts Office at (515) 239-1422.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder
intends to subcontract. This list shall include the type of work and approximate subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together
with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference 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.
KELLIE K. FRUEHLING, CITY CLERK
S:WECIGovertuneM Buhl,. a F.didled MeneOemontlPmjeGSWnEed A Lee Rea 6.l Center Remodeli,g Pmfuct 201M.M EMs eM bid dowmenlsWDlke to Nddere for ROBERT k LEE RECREATION CENTER REMODELING
PROJECT 2017. bid Au,u 102017.doc
NTB-1
Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044
Resolution No. 17-267
Resolution accepting the work for the City Hall Landscaping
Project
WHEREAS, the Engineering Division has recommended that the work for construction of the City
Hall Landscaping Project, as included in a contract between the City of Iowa City and Feldman
Concrete of Dyersville, IA, dated June 15, 2017, be accepted; and
Whereas, the Engineer's Report and the performance and payment bond have been filed in the
City Engineer's office; and
Whereas, funds for this project are available in the City Hall General Projects account # G4704;
and
Whereas, the final contract price is $31,579.47.
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 15th day of August
2017
May r
Approved by
City Clerk City Attorney's Office r "/ //7
It was moved by Botchway and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays: Absent:
x
Botchway
x
Cole
x Dickens
x
Mims
x
Taylor
x
Thomas
x
Throgmorton
CITY OF IOWA CIT08-_,55
COUNCIL ACTION REPGr3
August 15, 2017
Resolution accepting the work for the City Hall Landscaping Project
Prepared By: Brett Zimmerman, Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Simon Andrew, Assistant to the City Manager
Fiscal Impact: None
Recommendations: Staff: Acceptance
Commission: N/A
Attachments: Resolution
Executive Summary:
This project included the removal and replacement of sidewalk pavement, installation of
retaining wall with limestone cap, and removal and replacement of hand rail at the City Hall
south entrance.
Background/Analysis:
This project has been completed by Feldman Concrete of Dyersville, IA in substantial
accordance with the plans and specifications. The Engineers Report and Performance and
Payment bond are on file with the City Engineer.
• Project Estimated Cost:
$ 33,705.50
• Project Bid Received:
$ 30,551.24
• Project Final Cost:
$ 31,579.47
►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
ENGINEER'S REPORT
July 28, 2017
City Clerk
Iowa City, Iowa
Re: City Hall Landscaping Project
Dear City Clerk:
I hereby certify that the City Hall Landscaping Project has been completed by Feldman
Concrete of Dyersville, Iowa in substantial accordance with the plans and specifications
prepared by the City of Iowa City.
The project was bid as a unit price contract and the final contract price is $31,579.47.
There was a total of one (1) change or extra work order for the project:
1. Revise quantity for PCC stairs due to field conditions $750.00
1 recommend that the above -referenced improvements be accepted by the City of Iowa City.
Since�'/
Jason Havel
City Engineer
,3d(q)
Prepared by: Jen Jordan, Resource Management Superintendent, Public Works, 410 E. Washington St., Iowa City, IA 52240:
(319) 887-6160
Resolution No. 17-268
Resolution approving, authorizing and directing the Mayor to
execute and the City Clerk to attest Amendment No. 3 to the
November 12, 2013, Agreement by and between the City of
Iowa City and Barker Lemar Engineering Consultants to provide
engineering consultant services for the Iowa City Landfill and
Recycling Center.
Whereas, the City of Iowa City and Barker Lemar Engineering Consultants (Consultants)
entered into a consultant agreement (Agreement) on November 12, 2013, as a result of a
competitive RFP process, whereby the City secured the services of the Consultant to perform
(a) Annual Landfill Volumetrics, (b) Annual Landfill Site Topographic Survey with Site Map
Datum Conversion, (c) Annual Water Quality Report (AWQR), (d) Leachate Control System
Performance Evaluation Report (LCSPER), (e) Methane Monitoring Report (MMR), (f) Title V Air
Emissions Report and Permitting, (g) Hourly General Engineering Consulting, (h) Greenhouse
Gas Reporting, and (i) Semi -Annual Water Quality Notification for the subject facility, and;
Whereas, the Agreement was intended to cover Consultant's services as generally defined
above for a defined period of three (3) calendar years, to include 2014, 2015, and 2016, and;
Whereas, the Agreement was renewed on December 28, 2016 to cover Consultant's services
as generally defined above for an additional defined period of three (3) calendar years, to
include 2017, 2018, and 2019, and;
Whereas, the City had previously amended the scope of services in said Agreement to add
additional services required under the Iowa Administrative Code Section 567 Chapter 113 and
under Title V of the 1990 Federal Clean Air Act Amendments on June 3, 2014, and;
Whereas, the City had also previously amended the scope of services in said Agreement to add
additional services related to the landfill gas wellfield including design, construction, and training
services, on December 23, 2015, and;
Whereas, the City desires to amend the scope of services to include additional services in said
Agreement to address additional compliance items that arise requiring consulting and
engineering services, including additional figures, maps, statistics and reporting requirements as
requested by the Iowa Department of Natural Resources (DNR), preparation of financial
assurance documents, and additional general engineering and regulatory assistance.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The Amendment No. 3 to the Consultant Agreement attached hereto is in the public
interest, and is approved as to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
Passed and approved this 15th day of August _'2017
Maylvr
Attest:
City Clerk
Approved by
City Attorney's Office l /17
It was moved by Botchway and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes:
x
x
Nays:
Absent
Botchway
Cole
x Dickens
Mims
Taylor
Thomas
Throgmorton
AMENDMENT NO.3 TO
CONSULTANT AGREEMENT
THIS AGREEMENT, as entered into this the 15 day of August 2017, is an AMENDMENT to
the CONSULTANT AGREEMENT dated November 12, 2013 and renewed on December 28, 2016
between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY, and Barker
Lamar Engineering Consultants of West Des Moines, Iowa, hereinafter referred to as the CONSULTANT.
WHEREAS, the City of Iowa City and Barker Lamar Engineering Consultants entered into a
CONSULTANT AGREEMENT (AGREEMENT) on November 12, 2013, as a result of a competitive RFP
process, whereby the CITY secured the services of the CONSULTANT to perform (a) Annual Landfill
Volumetrics, (b) Annual Landfill Site Topographic Survey with Site Map Datum Conversion, (c) Annual
Water Quality Report (AWQR), (d) Leachate Control System Performance Evaluation Report (LCSPER),
(e) Methane Monitoring Report (MMR), (f) Title V Air Emissions Report and Permitting, (g) Hourly General
Engineering Consulting, (h) Greenhouse Gas Reporting, and (i) Semi -Annual Water Quality Notification
for the subject facility, and;
WHEREAS, the AGREEMENT was intended to cover CONSULTANT'S services as generally defined
above for a defined period of three (3) calendar years, to include 2014, 2015, and 2016, and;
WHEREAS, the AGREEMENT was renewed on December 28, 2016 to cover CONSULTANT'S services
as generally defined above for an additional defined period of three (3) calendar years, to include 2017,
2018, and 2019, and;
WHEREAS, the CITY had previously amended the scope of services in said AGREEMENT to add
additional services required under the Iowa Administrative Code Section 567 Chapter 113 and
under Title V of the 1990 Federal Clean Air Act Amendments on June 3, 2014 (Amendment No. 1), and;
WHEREAS, the CITY had also previously amended the scope of services in said AGREEMENT to add
additional services related to the Landfill Gas Wellfield including Design, Construction, and Training
Services, on December 23, 2015 (Amendment No. 2), and;
WHEREAS, the CITY desires to amend the scope of services to include additional services in said
AGREEMENT to address additional compliance items that arise requiring consulting and engineering
services, including additional figures, maps, statistics and reporting requirements as requested by the
Iowa Department of Natural Resources (DNR), preparation of financial assurance documents, and
additional general engineering and regulatory assistance.
NOW THEREFORE, it is agreed by and between the parties hereto that the AGREEMENT is hereby
amended as follows:
t__1616] MKS] &14:IT1[i3
The CONSULTANT agrees to perform the following additional services for the CITY, and to do so
in a timely and satisfactory manner.
A. Additional Annual Services
1. Prepare Plume Maps Required by DNR
Consultant will review and analyze groundwater monitoring data and prepare plume
maps as required by the Iowa Department of Natural Resources (IDNR) and include the
analysis and maps in the Annual Water Quality Report.
2. Include Additional Groundwater Statistics and Analysis in Annual Water
Quality Report
Consultant will perform additional statistical analysis on groundwater monitoring data in
response to requests by the DNR as well as to prepare framework for future Assessment
of Corrective Measures (ACM) required to be performed at the facility. Consultant will
include the additional analysis and a discussion based on the statistics in the Annual
Water Quality Report.
3. Prepare Financial Assurance Documents
Consultant will update financial assurance documentation, including closure and post -
closure of the landfill cost estimates. Consultant will review and evaluate the cost
estimates and revise and update them as may be required by the DNR. The updated
cost estimates will then be used to complete the DNR required financial assurance
documentation, which will be submitted to the City for approval and subsequently to the
State of Iowa as required.
B. "Additional' Reaulatory Assistance
Consultant will provide additional regulatory assistance, such as address general engineering
questions and discussion, and assist with general correspondence with state and federal
regulatory agencies, such as permit amendments or general correspondence related to the
landfill operations.
Such assistance will be at the request and direction of the City at the standard fee schedule
rates included in the Agreement, as amended, between the City and Consultant. "Additional"
regulatory assistance will be billed on a time and materials basis.
C. Dual Extraction System Construction Assistance
1. Dual Extraction System Assembly and Installation
Consultant will work with City staff to assemble and install components ordered and
purchased by City to install an initial phase of a dual extraction system. Work to include
assembly of solar panels on a mobile trailer, assembly and installation of electric pumps,
controllers, and associated components to serve as dual extraction pumps to reduce the
liquid levels present in the facility's landfill gas extraction wells. Work will be done at the
Landfill with the assistance of City staff.
2. Transducers
Consultant will provide the proper transducers and components for installation in landfill
gas extraction wells to determine the liquid levels. Installation of the transducers will be
performed concurrently with the installation of the dual extraction system.
3. Miscellaneous Components
While City will procure necessary components for the dual extraction system installation,
it is noted minor additional components will be necessary during actual equipment
installation. Consultant should determine and procure any additional incidental parts and
pieces necessary based on actual field conditions. These items will be billed at cost plus
fifteen percent.
If actual field conditions are significantly different than those anticipated prior to
installation, and additional components are deemed necessary, Consultant should notify
City such that a course of action can be determined by the City and the necessary
components procured.
4. Training
While on-site, Consultant will provide training to City staff on routine pump maintenance
and troubleshooting tips related to the new dual extraction system.
D. Solar Puma Controls and SCADA Panels
1. Solar Pump Controls and SCADA Panels
Consultant to provide necessary pump control panels outfitted with SCADA for the four
solar powered pumps procured by City (a total of four pump control panels with SCADA
will be provided), which will utilize the existing remote telemetry station located at the
flare, and expand the existing SCADA systems to include the four newly installed dual
extraction pumping points. This includes the necessary materials, including radio, wiring
harness, and associated antenna, as well as installation.
Pricing assumes installation of the pump controls and SCADA Panels can be done in
conjunction or performed concurrently with the planned installation of the dual extraction
system outlined in Item I.C. above, and thus does not include costs to mobilize to/from
the site. If it is determined that the work will not be performed concurrently, the cost for
mobilization will result in an additional cost of $1,500.
2. SCADA Software Update and Programming
Consultant shall modify the Landfill's existing SCADA data collection software to also
collect the data from the newly installed dual extraction pumping systems. The data
collection system will analyze the collected data and store the data on a local SQL Server
database located on the existing SCADA computer. Database tables will be replicated
via an internet connection to a Consultant SQL Server database to allow accessibility via
a web -site. This system will be an addition to the existing SCADA system, and does not
include any additional SCADA hardware.
The new SCADA system will have the ability to monitor liquid levels within the gas wells
and track system status (i.e. running, stopped, or faulted) and record total pump run
times. Pertinent system data will be available via the existing web -site.
3. Training
Consultant will perform training to City staff on the use of the SCADA system, how to use
the web -site, and how to interpret the various types of data collected. Training to include
up to 3 hours of on-site training.
E. Preparation for and Meeting with Department of Natural Resources
Consultant will prepare background and presentation materials for presentation to the new
Department of Natural Resources (DNR) Solid Waste Engineer assigned to the facility. The
new DNR engineer is not familiar with the Iowa City Landfill and Recycling Center. Therefore,
an on-site meeting between the City, Consultant and DNR engineer will be an opportunity
inform the DNR of all the improvements and planning that have occurred over the past
several years and highlight the successes the facility has experienced. The objectives of the
meeting with the DNR will be to accomplish the following:
Familiarize the new DNR engineer to the landfill and recycling operations.
Communicate the efforts to date, the directions established regarding such items as
groundwater impact, gas and leachate management, and landfill expansion to keep
these items advancing in a timely manner and as planned.
Present upcoming activities and assessment/engineering needs to obtain initial DNR
feedback and possible concurrence on proposed activities.
To accomplish the above objectives, Consultant will prepare a presentation for at the landfill
that includes the following:
1. A summary of facility operations.
2. Brief history of compliance efforts/improvements in the areas of groundwater
assessment, leachate management, landfill gas collection and control, and
operations.
3. Brief discussion of planned direction for groundwater quality improvements, leachate
and landfill gas management, cell construction, future landfill expansions, operations,
etc.
a. Within the individual planned direction discussions there will be opportunities
to obtain feedback from the DNR regarding possible approaches that may be
acceptable to reduce current or future compliance requirements that may be
considered beyond what is necessary for the protection of the environment.
4. Questions
II. TIME OF COMPLETION
The estimated time of completion for the additional services described herein is as follows.
Project Description
Estimated Time of
Completion
Additional Annual Services
Prepare Plume Maps as Required by DNR
8/1/2017 — 12/31/2019
Include Additional Groundwater Statistics and Analysis in Annual Water
Quality Report
8/1/2017 —12131/2019
Prepare Financial Assurance Documents
8/1/2017 — 12/31/2019
Additional Regulatory Assistance
8/1/2017 — 12/31/2019
Dual Extraction System Construction Assistance
Dual Extraction System Assembly and Installation
8/1/2017 — 12/31/2017
Transducers
8/1/2017 — 12/31/2017
Miscellaneous Components
8/1/2017 —12/3112017
Training
8/1/2017 — 12/31/2017
Solar Pump Controls and SCADA Panels
Solar Pump Controls and SCADA Panels
8/1/2017 —12/31/2017
SCADA Software Update and Programming
8/1/2017 — 12/31/2017
Training
8/1/2017 —12/31/2017
Preparation and Meeting with Department of Natural Resources
8/1/2017 — 9/31/2017
III. COMPENSATION FOR SERVICES
The compensation for the additional services described herein is as follows.
Project Description
Not to Exceed Amount
Additional Annual Services
Prepare Plume Maps as Required by DNR
$4,425 ($1,475 per year)
Include Additional Groundwater Statistics and Analysis in Annual
Water Quality Report$17,160
($5,270 per year)
Prepare Financial Assurance Documents
$4,100 ($950 for 2017 and
2018, and $2,200 for 2019)
Additional Regulatory Assistance
$90,000 ($30,000 per year)
Dual Extraction System Construction Assistance
Dual Extraction System Assembly and Installation
$9,600
Transducers
4 @ $750 each = $3,000
Miscellaneous Components
$500
Training
$1,500
Solar Pump Controls and SCADA Panels
Solar Pump Controls and SCADA Panels'
4 @ $3,200 each = $12,800
SCADA Software Update and Programming
$2,750
Training
$1,200
Preparation and Meeting with Department of Natural Resources
$7,720
Total
$ 154,755
- If the work is not performed concurrently with the installation of the Dual Extraction System Assembly, mobilization costs will
result in an additional cost of $1,500.
IV. MISCELLANEOUS
A. All other terms and conditions of the AGREEMENT, as previously amended, not
amended herein shall remain in full force and effect.
B. It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this AMENDMENT No. 3 to the original AGREEMENT,
and that no other monies or considerations have been solicited.
FOR THE CITY
By: z d
games A. Throgmo
Title: Mayor
Date: Aueust15,2017
ATTE
Kelli4KF'
hling, Ci lerk
FOR THE ONSULTANT,
By:
Stephanie S. Sfotz /
Title: Director of Ooeratiohs
Date: August 15, 2017
I r '
08 5-17 OF IOWA CCOUNCIL ACTION REP;;;)
August 15, 2017
Resolution approving, authorizing and directing the Mayor to execute and
the City Clerk to attest Amendment No. 3 to the November 12, 2013,
Agreement by and between the City of Iowa City and Barker Lemar
Engineering Consultants to provide engineering consultant services for the
Iowa City Landfill and Recycling Center
Prepared By: Jen Jordan, Resource Management Superintendent
Reviewed By: Ron Knoche, Public Works Director
Simon Andrew, Assistant to the City Manager
Fiscal Impact: $154,755 through end of 2019
Recommendations: Staff: Approval
Commission: NA
Attachments: Resolution
Executive Summary:
The City of Iowa City contracts with Barker Lemar Engineering Consultants for a range of
services and required reports at the Iowa City Landfill and Recycling Center. The City seeks to
amend that contract to include additional services and tasks to ensure regulatory compliance. A
Not to Exceed fee of $154,755 has been negotiated with Barker Lemar for services to be
performed beyond the current contract scope.
Background / Analysis:
The City of Iowa City entered into a contract with Barker Lemar Engineering Consultants of
West Des Moines, Iowa, on November 12, 2013 to provide engineering services for the Iowa
City Landfill and Recycling Center.
The contract was extended on June 3, 2014, to include additional services required under the
Iowa Administrative Code Section 567, Chapter 113 and under Title V of the 1990 Federal
Clean Air Act Amendments. The second amendment to the contract was made on December
23, 2015, to add services related to expanding the landfill's gas wellfield, including design,
construction and training services to meet the Environmental Protection Agency's requirements.
On December 28, 2016, the contract was extended to December 31, 2019.
The City of Iowa City would like to amend the agreement's scope of services to address
additional compliance items requiring consulting and engineering services, including additional
figures, maps, statistics and reporting requirements as requested by the Iowa Department of
Natural Resources (DNR), preparation of financial assurance documents and additional general
engineering and regulatory assistance. These new services include:
• Additional annual services, including
o the preparation of plume maps
r CITY OF IOWA CITY
�r 5� COUNCIL ACTION REPORT
o additional groundwater statistics and analysis in the Annual Water Quality Report
o additional financial assurance documents
• Additional regulatory assistance, including the preparation of a site overview and
meeting with a new solid waste engineer that will be the Landfill's main point of contact
at the DNR
• Assistance in the construction of a temporary dual -extraction pumping system for
leachate and landfill gas from existing gas wells, including
o dual extraction system assembly and installation
o transducers
o miscellaneous components
o training
• Solar pump controls and SCADA panels, including
o Controls and panels
o SCADA software update and programming
o training
These additional services are necessary to ensure increased regulatory compliance.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230
Resolution No. 17-269
Resolution approving termination of agreement with ATI Properties,
L.L.C.
Whereas, on March 30, 1999, ATI Properties, L.L.C. and the City entered into the Agreement
("Agreement') to fulfill a condition of a special exception granted by the Iowa City Board of
Adjustment in EXC98-00029;
Whereas, said condition was a traffic barrier in a private commercial parking lot at 1410
Waterfront Drive; and
Whereas, because the Iowa City Board of Adjustment in a decision in EXC17-00004 removed
said condition thereby eliminating the need for the Agreement, the Agreement should be
terminated.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The Mayor is authorized to sign and the City Clerk to attest the attached Termination
of Agreement.
2. The City Clerk should record this resolution and the attached Termination of
Agreement at cost to ATI Properties, L.L.C.
Passed and approved this 15th day of August, 2017.
Me r
Attes �C.fi e fel
ity Clerk
City Attorney's Office
Resolution No. 17-269
Page 2
It was moved by Botchway and seconded by Thomas
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
x
Botchway
x
Cole
x Dickens
%
Mims
x
Taylor
x
Thomas
x
Throgmorton
the
Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030
TERMINATION OF AGREEMENT
WHEREAS, on March 30, 1999, ATI Properties, L.L.C. ("ATI") and the City of Iowa City
("City") entered into the Agreement ("Agreement") to fulfill a condition of a special exception
granted by the Iowa City Board of Adjustment in EXC98-00029 recorded February 17, 1999 in
Book 2679, Page 106 in the office of the Johnson County Recorder;
WHEREAS, said condition was a traffic barrier in a private commercial parking lot at 1410
Waterfront Drive, legally described as:
Lot 3, Southgate Addition, Part Two, a Final Plat in the City of Iowa City, County of
Johnson, State of Iowa, recorded as Document 026468050001, at Book 60, Page 300, of
the official land records of Johnson County, Iowa;
WHEREAS, the Agreement was recorded in the office of the Johnson County Recorder on
September 23, 1999 in Book 2833, Page 38;
WHEREAS, the Iowa City Board of Adjustment in a decision in EXC17-00004 recorded on
July 17, 2017 in Book 5678, Page 205 amended EXC98-00029 and removed the traffic barrier
condition thereby eliminating the need for the Agreement; and
WHEREAS, because of the decision in EXC17-00004, the Agreement should be terminated.
THEREFORE, the City and ATI mutually agree as follows:
1. The Agreement is terminated upon execution.
2. Upon termination, the City and ATI fully release the other party from any and all
liability and obligations, including all claims, demands, and causes of action of every nature
arising out of the Agreement.
3. ATI shall pay the recording fee to record the City Council resolution approving
this termination and the Agreement.
Dated, this 15th dayof August 2017.
CITY OF IOWA
/CITY, IOWA ATI P O RT SL.L.C(11 By: Z/-! �-- By. 71 . T
ames A. Thrograorion TNMVnda Kaiitamneni
Mayor Title: Manager
Atte
Kellie K. Fruehl4f City Clerk
STATE OF IOWA
JOHNSON COUNTY
This instrument was acknowledged before me on 2017 by Mukunda
Kantamneni as a member of ATI Properties, L.L.C.
4�µ KATHLEEN M THORNTON Notary Public in and for the State of Iowa
p Commission Number 764003 My Commission expires: ::2
My C mi Sion Expir
STATE OF IOWA
JOHNSON COUNTY
Avpd-
On this 15th day of.W., 2017, before me, a Notary Public in and for the State of Iowa,
personally appeared James A. Throgmorton and Kellie K. Fruehling, to me personally known,
and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively,
of the City of Iowa City, Iowa; that the instrument was signed and sealed on behalf of the
corporation by authority of its City Council, and that James A. Throgmorton and Kellie K.
Fruehling acknowledged the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it voluntarily executed.
10
Notary Publid)in and for the
My commission expires: A YYENtri' $' YAYeR 2d
• Mp CoemMYon bom
2
t r 1 CITY OF IOWA CI
(57
COUNCIL ACTION REP 3d
August 15, 2017
Resolution approving termination of agreement with ATI Properties, L.L.C.
Prepared By: Susan Dulek, Asst. City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: Board of Adjustment
Attachments: Resolution
Termination of Agreement
Executive Summary:
The resolution approves a termination of an agreement for a traffic barrier in a commercial
parking lot because the need for the barrier no longer exists.
Background / Analysis:
In 1999, ATI Properties, L.L.C. and the City entered into an agreement for the sole purpose of
fulfilling a condition of a special exception granted by the Board of Adjustment (BOA). The
special exception allowed for CarX to operate at 1410 Waterfront Dr. Because the City had
vacated the mid-portion of Waterfront Dr. in the late 1990's, the BOA conditioned the special
exception on the owner entering into an agreement with the City for a traffic barrier to prevent
the public from using the CarX parking lot as a way to connect the north/south leg of Waterfront
Dr. with the east/west leg. With the recent vacation of a portion of east/west leg of Waterfront
Dr., the City's need for a traffic barrier no longer exists. On June 14 the BOA amended the
earlier special exception by removing the condition of a barrier. This resolution terminates the
1999 agreement.
Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356-5030
Resolution number: 17-270
Resolution approving a Memorandum of Understanding with the University
of Iowa to share the expense of repairing the potable water storage facility
and parking ramp.
Whereas, in 1988 the City and University entered into a Chapter 28E Agreement Providing for
the Development, Use, Occupancy, Management and Operation of a Parking Garage and
Chilled Water Facility and a Water Storage Facility at 340 North Madison Street; and
Whereas, on May 19, 2017, the fill valve on the storage facility failed causing the tank to
overflow and resulting in damage to the University's basketball courts atop the storage tank; and
Whereas, the University and City have negotiated a Memorandum of Understanding (MOU) to
address each party's responsibilities in restoring the facility; 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:
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.
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 15th day of
Mayor j
Ap roved by AttesA i}
(� Clerk
City Attorney's Office
, 2017.
Resolution No. 17-270
Page 2
It was moved by Botchway and seconded by Thomas the
Resolution be adopted, and upon roll call there were:
AYES: NAYS
x
x
x
x
x
x
ABSENT: ABSTAIN:
x
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF IOWA CITY
AND THE UNIVERSITY OF IOWA
Re:
REPAIR OF POTABLE WATER STORAGE FACILITY
This MEMORANDUM OF UNDERSTANDING (hereinafter, "MOU") is entered into this IS4h
day of August, 2017 by and among, the City of Iowa City (hereinafter, the "City") and the State
University of Iowa (hereinafter, the "University") hereinafter referred to collectively as the
"Parties".
WHEREAS, in 1988 the City and University entered into a Chapter 28E Agreement Providing
for the Development, Use, Occupancy, Management and Operation of a Parking Garage and
Chilled Water Facility and a Water Storage Facility at 340 North Madison Street (hereinafter, the
"Facility"); and
WHEREAS, that Facility was damaged as a result of an incident on or about May 19', 2017; and
WHEREAS, to help effectively assign responsibilities for the various tasks required to promptly
restore the Facility, the City and University wish to enter into an understanding to shares costs to
repair the damage without admission or assignment of liability.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE to participate in the restoration of
the Facility as designated below:
UNIVERSITY RESPONSIBILITIES:
• Retain and pay a consultant to inspect the Facility and design the destructive inspection.
• Retain a consultant to design construction plans and specifications for the work to be
done on the Facility.
• Put out the work needed to the Facility for competitive bid.
• Provide the construction observation/inspection and contract administration.
• Ensure that the plans and specifications assign all liability for damage to City or
University property to the contractor, with sufficient proof of insurance coverage.
• Not issue or approve any change orders without prior written approval (electronic mail
satisfies this provision) by the Scott Sovers or his designee.
• Collaborate with City representative Scott Sovers as the project is designed and
performed.
• Include Scott Sovers and any other requested City representatives in a joint final walk
through and creation in punch list items. Final acceptance of the project will not be
issued until all punch list items are completed.
• In the event the Contractor doesn't complete all work by the completion date noted in the
plans and specifications, University shall immediately employ all options and remedies
available under Iowa Code and the provisions set forth in the University's construction
contract; including employing another Contractor to finish the work. All costs associated
with employing another contractor will be assessed back to the original contractor and
not the City.
CITY RESPONSIBILITIES:
• Reimburse the University for the consultant fees associated with the design of
construction plans and specifications for the work to be done to the Facility, not to exceed
$13,000.00.
• Reimburse the University for the actual construction costs, currently estimated to be
$135,000.00.
• Reimburse the University for the actual printing costs, not to exceed $2,000.00.
• Notwithstanding the above, the City will not be obligated to reimburse the University for
any payment unless and until:
o Scott Sovers has approved the cost estimate and the plans and specifications for the
project in writing (electronic mail satisfies this provision) prior to the bid letting,
which approval shall not be unreasonably withheld;
o Scott Sovers has approved all change orders, if needed, which approval shall not be
unreasonably withheld;
o the University has provided the City with copies of the following: (1) agreement
with Shive-Hattery, Inc.; (2) construction contract with the contractor awarded the
project, and all change orders; and (3) all invoices the contractor submits to the
University.
Provide the University with all noted reimbursement within 30 days after the completion
and final acceptance of the project.
Shall oversee the tank disinfection process, which will be completed by the
contractor. Operating valves, filling the tank, taking bacterial tests and placing the tank
back into service may only be done by the City.
Include Adam Cannon and any other requested University representatives in a joint final
walk through and creation in punch list items.
The University of Iowa
David Kieft
University Business Manager
City of Iowa City
Jai4fes A. Throgmorton
Mayor, City of Iowa City
Attest
Kellie K. Frueblingi
Ci Jerk
Approved: C(r 7
Eric R. Goers
City Attorney's Office
r :._ ®1, CITY OF IOWA C 081517
COUNCIL ACTION REP 3d(6)
August 15, 2017
Resolution approving a Memorandum of Understanding with the University
of Iowa to share the expense of repairing the potable water storage facility
and parking ramp.
Prepared By: Kevin Slutts, Water Superintendent
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Simon Andrew, Assistant to the City Manager
Fiscal Impact: Estimated $135,000 plus services not to exceed $14,000
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution, Memorandum of Understanding
Executive Summary:
The intent of the Memorandum of Understanding (MOU) is to assign responsibilities and project
costs between the City and the University of Iowa for various tasks as needed to promptly
restore the City's potable water storage facility and the University's parking ramp deck located
at 340 North Madison Street.
Background / Analysis:
The City currently utilizes four (4) Ground Storage Reservoirs (GSR's) to store and pressurize
the City's water distribution system. GSR's are located on Rochester Ave, Emerald Drive,
Sycamore Street and Bloomington/Madison Street. In 1988 the City and the University of Iowa
entered into a 28E Agreement permitting the City to occupy a portion of the University owned
parking ramp at Bloomington and Madison Street, for use as a potable water storage facility,
currently referred to as the Bloomington Street GSR. The purpose of this facility is to provide
900,000 gallons of water storage in the distribution system and to ensure adequate water
pressure, flow and reserve capacity for fire flows within the downtown area.
On May 19th, 2017, a fill valve on the Bloomington GSR malfunctioned causing it to overfill. The
result of the overfill was pressurization of the tank causing water to be forced up through the top
of the tank/top deck of the parking structure. At this time, it appears as though the resultant
damage is limited to concrete spalling at the construction joint where the water was forced
through. A more comprehensive investigation will occur as a part of the repair project.
Pending MOU approval, the University of Iowa will bid and administer a repair project to restore
the function and use of the City's water storage facility and the University's parking structure.
Upon the receipt of acceptable bids, construction will commence in mid-September and wrap up
in mid-November. The City will reimburse actual construction costs, estimated at $135,000,
plus consultant fees not to exceed $12,000 and printing costs not to exceed $2,000. Funding
will be via the water loss reserve account #82310623.
Late Handouts Distributed 3 Q(
8 -jam+— i 7
(Date)
MEMORANDUM OF UNDERSTANDING c~taa Top: o.a', Bottom 0.8 -
BETWEEN
THE CITY OF IOWA CITY
AND THE UNIVERSITY OF IOWA
Re:
REPAIR OF POTABLE WATER STORAGE FACILITY
This MEMORANDUM OF UNDERSTANDING (hereinafter, "MOU") is entered into this _
day of August, 2017 by and among, the City of Iowa City (hereinafter, the "City") and the State
University of Iowa (hereinafter, the "University") hereinafter referred to collectively as the
"Parties".
WHEREAS, in 1988 the City and University entered into a Chapter 28E Agreement Providing
for the Development, Use, Occupancy, Management and Operation of a Parking Garage and
Chilled Water Facility and a Water Storage Facility at 340 North Madison Street (hereinafter, the
"Facility"); and
WHEREAS, that Facility was damaged as a result of an incident on or about May 10, 2017; and
WHEREAS, to help effectively assign responsibilities for the various tasks required to promptly
restore the Facility, the City and University wish to enter into an understanding to shares costs to
repair the damage without admission or assignment of liability.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE to participate in the restoration of
the Facility as designated below:
• Retain and pay a consultant to inspect the Facility and design the destructive inspection.
• Retain a consultant to design construction plans and specifications for the work to be
done on the Facility.
• Put out the work needed to the Facility for competitive bid.
• Provide the construction observation/inspection and contract administration.
• Ensure that the plans and specifications assign all liability for damage to City or
University property to the contractor, with sufficient proof of insurance coverage.
• Not issue or approve any change orders without prior written approval (electronic mail
satisfies this provision) by the Scott Sovers or his designee.
• Collaborate with City representative Scott Sovers as the project is designed and
performed.
• Include Scott Sovers and any other requested City representatives in a joint final walk
through and creation in punch list items. Final acceptance of the project will not be
issued until all punch list items we completed.
• In the event that -the Contractor doesn't complete all work by the completion date noted
in the plans and specifications, the -University shall immediately employ all options and
construction contract; including emvloving another Contractor to finish the work. All
costs associated with employing another contractor will be assessed back to the original
contractor and not the City.
• Reimburse the University for the consultant fees associated with the design of
construction plans and specifications for the work to be done to the Facility, not to exceed
$132,000.00.
• Reimburse the University for the actual construction costs, currently estimated to be
$135,000.00.
• Reimburse the University for the actual printing costs, not to exceed $2,000.00.
• Notwithstanding the above, the City will not be obligated to reimburse the University for
any payment unless and until:
o Scott Severs has approved the cost estimate and the plans and specifications for the
project in writing (electronic mail satisfies this provision) prior to the bid letting,
which approval shall not be unreasonably withheld;
o Scott Severs has approved all change orders, if needed, which approval shall not be
unreasonably withheld;
o the University has provided the City with copies of the following: (1) agreement
with Shive-Hattery, Inc.; (2) construction contract with the contractor awarded the
project, and all change orders; and (3) all invoices the contractor submits to the
University.
Provide the University with all noted reimbursement within 30 days after the completion
and final acceptance of the project.
Shall oversee the tank disinfection process, which will be completed by the
contractor. Operating valves, filling the tank, taking bacterial tests and placing the tank
back into service may only be done by the City.
Include Adam Cannon and any other requested University representatives in a joint final
walk through and creation in punch list items.
The University of Iowa City of Iowa City
David Kieft
University Business Manager
James A. Throgmorton
Mayor, City of Iowa City
Attest:
Kellie K. Fmehling
City Clerk
Approved:
Eric R. Goes
City Attorney's Office
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF IOWA CITY
AND THE UNIVERSITY OF IOWA
Re:
REPAIR OF POTABLE WATER STORAGE FACILITY
This MEMORANDUM OF UNDERSTANDING (herei er, "MOU") is entered into this _
day of August, 2017 by and among, the City of Iowa City einafter, the "City") and the State
University of Iowa (hereinafter, the "University")
"Parties".
WHEREAS, in 1988 the City and University entered into
for the Development, Use, Occupancy, Management and
Chilled Water Facility and a WaterStorage Facility at
"Facility"); and
referred to collectively as the
ter 28E Agreement Providing
m of a Parking Garage and
Madison Street (hereinafter, the
WHEREAS, that Facility was damagckas a result of an ibcident on or about May 19a', 2017; and
WHEREAS, to help effectively assign res nsibilities f r the various tasks required to promptly
restore the Facility, the City and University ish to en into an understanding to shares costs to
repair the damage without admission or assi ent o iability.
NOW, THEREFORE, THE PARTIES MUTUAL AGREE to participate in the restoration of
the Facility as designated below:
• Retain and pay a consultant to inspece Facilitydesign the destructive inspection.
• Retain a consultant to design cons truc on plans and ecifications for the work to be
done on the Facility.
• Put out the work needed to the
• Provide the construction obser
• Ensure that the plans and spec'
University property to the con
• Not issue or approve any ch
satisfies this provision) by e
• Collaborate with City rep
performed.
for competitive lied.
sDection and conffiV administration.
i tions assign all liability damage to City or
factor, with sufficient proof o urance coverage.
ge orders without prior written a roval (electronic mail
Scott Sovers or his designee.
entative Scott Sovers as the project is signed and
• Include Scott Sovers d any other requested City representatives in a mt final walk
through and creation in punch list items. Final acceptance of the project 'll not be
issued until all punch list items are completed.
• In the event that the Contractor doesn't complete all work by the completion date noted
in the plans and specifications, the University shall immediately employ another
Contractor to finish the work. All costs associated with employing another contractor
will be assessed back to the original contractor and not the City.
CITY RESPONSIBILITIES:
• Reimburse the University for the consultant fees associated with the design of
construction plans and specifications for the work to be done to the Facility, not to exceed
$12,000.00.
• Reimburse the University for the actual construction costs, currently estimated to be
$135,000.00.
• Reimburse the University for the actual printing costs, not to exceed $2,000.00.
• Notwithstanding the above, the City will not be obligated to reimburse the University for
any payment unless and until:
o Scott Sovers has approved the cost estimate
project in writing (electronic mail satisfies i
which approval shall not be unreasonably w:
o Scott Sovers has approved all change orders,
unreasonably withheld;
o the University has provided the City with
with Shive-Hattery, Inc.; (2) construction
the plans and specifications for the
provision) prior to the bid letting,
which approval shall not be
of the following: (1) agreement
with the contractor awarded the
project, and all change orders; and (3) 1 invoices the contractor submits to the
University.
Provide the University with all noted
and final acceptance of the PiQ ect.
Shall oversee the tank disinfectivn yr
contractor. Operating valves, filly the
back into service may only be done tl
Include Adam Cannon and any other c
walk through and creation in punch list J
The University of Iowa
David Kieft
University Business Manager
within 30 days after the completion
Mch will be completed by the
taking bacterial tests and placing the tank
City.
�sted University representatives in a joint final
City of Iowa City
Jame Throgmorton
Mayor, ity of Iowa City
Attest:
Kellie K. Fruiiling
4Cilerk
Approved:
Eric R. Goers
City Attorney's Office
F)d (7)
Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240,
356-5053
Resolution No. 17-271
Resolution approving a Consent to Transfer, Waiver of Default, and
Release of Guaranty relating to a bond purchase agreement and
assignment, and related loan agreement regarding Midwestern Disaster
Area Revenue Bonds (Iowa Cancer Cure Project) Series 2012
Whereas, pursuant to a resolution dated April 17, 2012, the City of Iowa City issued and sold
$5,376,250 in aggregate principal amount of Midwestern Area Disaster Revenue Bonds (Iowa
Cancer Cure Project) Series 2012; and
Whereas, said bonds are subject to a Bond Purchase Agreement and Assignment dated April 1,
2012, by and between the City of Iowa City, Iowa and Great Western Bank, a South Dakota
chartered state bank with an office located in the City of Clive, Iowa; and
Whereas, pursuant to a Loan Agreement dated April 1, 2012, the proceeds from the sale of the
bonds were loaned to Iowa Cancer Cure, L.L.C., an Iowa limited liability company to finance the
cost of acquiring, constructing and improving an approximate 24,000 square foot, two story
medical office building for use as a radiation oncology clinic located at 3010 Northgate Drive,
Iowa City, Iowa; and
Whereas, as security for its obligations under the Loan Agreement, Iowa Cancer Cure, L.L.C.
mortgaged certain real property, executed an Assignment of Rents and Profits, and granted a
security interest to Great Western Bank in certain personal property; and
Whereas, Great Western Bank required the execution of guaranty agreements by Iowa City
Cancer Treatment Center, L.L.C., Hamed H. Tewfik and Ferial A. Tewfik; and
Whereas, said guaranty agreements provide that the guarantors will not dispose of all or
substantially all of their assets, their interest in Iowa Cancer Cure, L.L.C., or sell, lease or
otherwise transfer all or any substantial part of their assets to any entity, without the prior written
consent of Great Western Bank and the City of Iowa City, Iowa; and
Whereas, effective May 1, 2015, University of Iowa Health Systems became the sole member of
Iowa City Cancer Treatment Center, L.L.C., and entered into an agreement with Iowa Cancer
Cure, L.L.C. to lease the medical office building located at 3010 Northgate Drive, Iowa City,
Iowa; and
Whereas, as a condition of the foregoing, University of Iowa Health Systems requires that the
City of Iowa City and Great Western Bank release the guaranty agreement executed by Iowa
City Cancer Treatment Center, L.L.C.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, as follows:
That the attached Consent to Transfer, Waiver of Default, and Release of Guaranty by
and between the City of Iowa City, Iowa, Great Western Bank, Iowa Cancer Cure,
L.L.C., Hamed H. Tewfik and Ferial A. Tewfik is approved.
2. That the Mayor is authorized and directed to execute the attached Consent to Transfer,
Waiver of Default, and Release of Guaranty, and the City Clerk is authorized and
directed to attest his signature and to affix the seal of the City Clerk.
Passed and approved this 15thday of August , 2017.
Ji hrogmorton, Ma r
(Seal)
Attest: cz ,l
City Clerk Ae
Itwas moved by Botchway and seconded by Thomas
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
CONSENTTO TRANSFER, WAIVkROFDEP AULT, AND RF,LEASEOFGUARANTY
THIS CONSENT TO TRANSFER, WAIVER OF DEFAULT, AND RELEASE OF
GUARANTY, dated as of August 15 . 2017, is executed by CITY OF IOWA CITY,
IOWA, existing under the laws of the State of Iowa (the `"Ismer"); GREAT WESTERN BANK,
a South Dakota chartered state batik with at) office located in the City of Clive, Iowa (the
"Original 'Purchaser" ); IOWA CANCER CURE, L.L.C. (the "Borrower`); Hamed H. Tewfik:
and Ferial A.Tewfik.
WITNESSETH;
WHEREAS', the Issuer issued and sold $5,376,250 aggregate principal amount of the
Issuer's Midwestern Disaster Area Revenue Bonds (Iowa Cancer Cure Project) Serres 2012 (the
"Bond" or "Bonds") pursuant to a Resolution (the "Bond Resolution") adopted by the City
Council of the Is suer on April 17, 2012; and
WHEREAS, the Bond is subject to a Bond Purchase Agreement and Assignment (the
"Bond Purchase Agreement"), dated as of April 1, 2012, by and between the Issuer and the
Original Purchaser; and
WHEREAS, under a Loan Agreement (the "Loan Agreement"), dated as of April 1,
2012, by and between the Issuer and the Borrower, fhe. Borrower agreed to make payments to be
used to pay when due the principal of and interest on the Bond and such payments and other
revenues under the Loan Agreement (collectively the "Revenues"), and the rights of the Issuer
under the Loan Agreement (except certain rights to lhnitation of liability, indemnification,
reimbursements and administrative fees) were pledged and assigned by the Issuer to the Onginal
Purchaser pursuant to the Bond .Purchase Agreement as security for the Bond; and
WHEREAS, the Bond is payable solely from the Revenues; and
WHERFAS, as evidence of fhe obligation of Borrower, it has executed a Promissury
Note to Issuer and issuer has endorsed the Pronlissory Note to Original Purchaser; and
WHEREAS, as security for its obligations under the. Loan Agreement, the Borrower
mortgaged certain real property, executed an Assignment of Rents and Profits, and granted a
sccurity interest to the Original Purchaser in certain personal property; and
WHEREAS, Original Purchaser required the execution of guaranty agreements (the
"Guaranty Agreemen(s") by Iowa City Cancer Treatment Cerner, L.Z.C., Hamed H. Tewfik, and
Ferial A. Tewfik (the "Guarantors"); and
WHEREAS, the Guaranty Agreements provide that the Guarantors will not dispose of all
or suhsta ntially all 'a f their assets, their interest in the Borrower, or sell, lease or otherwise
transfer all or an.aiibstantial pari of their assets to any entity, without: the prior n,ritten consent
of the Original Nifehaser and the Issuer, and
WHEREAS, the Guaranty Agreements provide that any disposition of a Guarantor's
intere:,t in the BorroWer is deemed art event of default under the Guaranty Agreements, and shall
be ineffective to relieve the Guarantor of its obligations under the Guaranty Agreement; and
W HERLAS, at the time of execution of the Guaranty Agreements, Hamed H- Tewfik was
lhu bole member of Iowa CiLy Cancer Treatment Center, L_L.C., and I{arced 1'I. 'Tewfik and
Ferial A. Tewfik were the sole members of Borrower: and
WHFRFAS, effective May 1, 2015, University of Iowa Health System became the sole
member of Iowa City Cancer Treatment Center, L.L.C., Hamed H. Te�,vfik, and Ferial A. Tewfik
entered into Protessional Services Agreements with Iowa City Cancer Treafinent Center, fJ-C.,
end Borrower and Iowa City Cancer Treatment Center, L.L.C_ enterer) into a five year lease of
ilie premises funded with the Bond; and
WHEREAS, as a condition to the foregoing, llniversity of Iowa Health System requires
the thatthe Issuer and the Original Purchaser release of the Guaranty Agreement executed by
Iowa City Cancer'Lreatrnent Center, L.L.C.; and
WHEREAS, bond counsel has opined (and Borrower, Hamer) 1-I. Tewfik, Ferial A.
Tewfik, and the Original Purchaser agree) that the Guaranry.Agreement executed bti Iowa Citv
Cancer "I'reahner,t Centel, L.I._C., was a valid agiecment, the Guaranty Agreement had economic
substance, and repatsncnt of the Issuer's obligatimts with respect to the Bond was not
speculative at the time the Bond was issued nor at any time thereafter prior to May 1, 2015, on
acco.mt of the Borrower's sheugth, the strength of llamod 11. Tuwfnk, and Ferial A_ Tewfik, and
the strength of Iowa City Caicsr "treatment Center, L.L.C.; and
VFAEla'AS, at the tune of the issuance of f c Bond, and at all timea prior to May 1,
2015, Iowa City Cancel- Treahmnt Center, L.L.C., wa_i indebted to Original Purchaser which
iuddbtedtess was socured by assets of Iowa City Cancer Treatment Center, L.L.C. and Clamed 14.
Tewf ls and Fcniul A. 'fewflk. As of M'ay 1, 2015, all of such indebtedness of Iowa. City Cancer
IreaUnent Center, L.L..C, was paid off and the security for repayment of the indebtedness was
released; and
WHEREAS, bond counsel has opined (and Borrowern Hamed H. Tewtik, Ferial A.
Tewfik, and the Original Purchaser agree) that the capacity of lssuer to meet the Payment
obligations under the Bond is dependent on the ability of Borrower and/or guarantors to meet the
obligation of Borrower to Issuer and the capacity was adequate at the time ofissuancc ofthe
Bond and at all times thereafter including May 1, 2015; and
WHEREAS, bond counsel has opined Land Borrower, Hamed H.'fewfik, Ferial A.
Tewfik, and the Original Purchaser agree) that release of the Guaranty Aureement executed by
lo-wa City Cancer Treatment Center; L.L.C. does not render the capacity of issuer to meet the
payment obligations under the Bond as speculative since the Guaranty Agreements ofHamed H.
Tewfik, and Ferial A. Tewfik were unlimited and no :,mange occurred in the terms of their
Guaranty A greements; and
WHEREAS, the Assignment of Rents and Profits executed at the time of the issuance of
the Bond, encompassed all rents and profits from the premises financed with the Bond; and
WHEREAS, the May 1, 2015, Lease between Iowa City Cancer Treatment Center,
L.L.C. and Borrower, replaced a prior lease and included additional space in the premises; and
WHEREAS, the Assignment of Rents and Profits was not specific to the original lease
and no revision to the security of the Assignment of Rents and Profits occurred subsequent to the
issuance of the Bond; and
WHEREAS, bond counsel has opined (and Borrower, Hamed H. Tewfik, Ferial A.
Tewfik, and the Original Purchaser agree) that the Assignment of Rents and Profits continues to
be valid and enforceable in accordance with its terms; and
WHEREAS, bond counsel has opined (and Borrower, Hamed H. Tewfik, Ferial A.
Tewfik, and the Original Purchaser agree) that the Loan Agreement and the Bond continue to be
valid and enforceable in accordance with their terms; and
WHEREAS, bond counsel has opined (and Borrower, Hamed H. Tewfik, Ferial A.
Tewfik, and the Original Purchaser agree) that the Guaranty Agreements of Hamed H. Tewfik
and Ferial A. Tewfik continue to be valid and enforceable in accordance with their terms.
NOW, THFRF.FORE, THIS CONSENT TO TRANSFER, WAIVER OF DEFAULT,
AND RELEASE OF GUARANTY WITNESSETH:
1. The Issuer and the Original Purchaser each hereby consent to the transfer of Hamed H.
Tewfik's Membership interest in Iowa City Cancer Treatment Center, L.L.C. to
University of Iowa Health System.
2. The Issuer and the Original Purchaser each hereby agree that the transfer of Hamed H.
Tewfik's Membership interest in Iowa City Cancer Treatment Center, L.L.C. to
University of Iowa Health System is not an event of default under the Guaranty
Agreements, the Bond Purchase Agreement, the Loan Agreement, or any other document
associated therewith, and further hereby waive any claim to the contrary.
3. The Issuer and the Original Purchaser hereby release the Guaranty Agreement executed
by Iowa City Cancer Treatment Center, L.L.C., which Guaranty Agreement shall no
longer be of any force or effect.
4. The Bormwex hereby affirms that its rights under its current lease with tenant, Iowa City
Cancer Truairnent Center, L.L.C., was assigned to the Original Purchaser pursuant to the
Assignment of Rents and Profits recorded May 4, 2012, in Book 4901, Page 930, records
of the Johnson County Recorder's Office.
is
3JIt OI: r
5. Hamed H. Tewfik hereby affirms that his personal Guaranty Agreement is valid and
enforceable in accordance with its terms.
F. Ferial A. Tewfik hereby affirms that her personal Guaranty Agreement is valid and
enforceable in accordance with its terms.
Dated this _�5 day of A14� u 'Zj , 2017.
CITY OF IOWA CITY, IOWA
By: (SEAL)
JIM THROGMORTON, Ma or
Attest:
KEL IE K. FRUECity Clerk
STATE OF IOWA
COUNTY OF JOHNSON
On this -� c;�- day ofv e , 2017, before me a Notary Public in and for said
County, personally appeared Jim Throtmorton and ffeiberroelll to the personally known, who
being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City
of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of
Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal
Corporation, and that said instrument was signed and sealed on behalf of said Municipal
Corporation by authority and resolution of its City Council and said Mayor and City Clerk
acknowledged said instrument to be the free act and deed of said Municipal Corporation by it
voluntarily executed.
FIE
' S• AAAYER n Notary Public in at( for thM t EES
GREAT WESTERN RANK
By
-- r
BART I`LOYD, Fresident (;
STATE OF IOWA
COUNTY OF JOHNSON
This instrument was acknowledged before me on this4_" i day of1-
2017, by Bart Floyd, as President of Great Western Bank.
a' PATRICK M. DONNELLY
Commisebn Namber M9451
�
{"
M isslm;;gip lra ,
IOWA CANCER CURE, L.L,C.
Nrotary Public in nd for the State ol'Iowa
;e
By'
IIAMI i')'1 1.'I E\1 F1K, Member and Manager
By:
FERIAL A, TEWFIK, Membc! and Manager
STATE OF IOWA
COUNTY OF JOHNSON
This instruipent was acknowledged bcforc me on this IY-#1day of MuPz,�
2017, by Flamed it 'I;ewlik and Fcrial A. `I'ewfik, agi,i.embers and managers of to sra Cancer Cure,
L L.C.-
•yl I I
PATRICK !. FORD i, f
s x Cpmmisafon M1femher72-11A
MyComminsonenes Notary Public in and ii,ithe State ofIowa
March 37 2319
IIAMED I1 T FVVf IK�'
t i
FERIAL A. TI; WFIK
STATE OF I01YA
COUNTY OF JOHNSON
This instrument was aelaiowledged before me on this y.' z day of �� -�" c "'`
2017, by Hamed H. Tewfik and Ferial A. Tewfik.
F�P ATRICK.ORD
1Jumb,. 77.i/4DMy CommissionF)tras
March 31 7019 _l N tciat) Public in al)J roa the State of Iowa
11 r 1
W;d(7)
-17
COUNCIL ACTION REP
August 15, 2017
Resolution approving a Consent to Transfer, Waiver of Default, and
Release of Guaranty relating to a bond purchase agreement and
assignment, and related loan agreement regarding Midwestern Disaster
Area Revenue Bonds (Iowa Cancer Cure Project) Series 2012
Prepared By:
Dennis Bockenstedt, Finance Director
Reviewed By:
Simon Andrew, Assistant to the City Manager
Fiscal Impact:
No impact
Recommendations:
Staff: Approval
Commission: N/A
Attachments:
Resolution approving a Consent to Transfer, Waiver of Default,
and Release of Guaranty relating to a bond purchase agreement
and assignment, and related loan agreement regarding
Midwestern Disaster Area Revenue Bonds (Iowa Cancer Cure
Project) Series 2012
Executive Summary:
The City of Iowa City has been asked to retroactively consent to the sale of the Iowa City
Cancer Treatment Center medical practice to the University of Iowa Health System in order to
cure any breach of the 2012 bond documents and Guaranty Agreements. On March 8, 2017,
Great Western Bank retroactively consented to the sale. This resolution provides the City's
retroactive consent for the sale of the medical practice and releases the aforementioned
guaranties.
Background / Analysis:
A conduit issuer is an organization, usually a government agency, that issues municipal
securities to raise capital for revenue -generating projects where the funds generated are used
by a third party (known as the "conduit borrower") to make payments to investors. The conduit
financing is typically backed by either the conduit borrower's credit or funds pledged toward the
project by outside investors. If a project fails and the security goes into default, it falls to the
conduit borrower's financial obligation, not the conduit issuer.
In April 2012, the City sponsored a conduit bond issue for $5,376,250 in Midwestern Disaster
Area Revenue Bonds to finance the cost of acquiring, constructing and improving an
approximate 24,000 square foot, two-story medical office building for use as a radiation
oncology clinic located at 3010 Northgate Drive for the Iowa City Cancer Treatment Center.
Great Western Bank provided the funding for the bonds.
On May 1, 2015, Dr. Hamed Tewfik (the sole owner) sold the Iowa City Cancer Treatment
Center medical practice to the University of Iowa Health System.
The 2012 bond documents included three separate Guaranty Agreements with: (1) Hamed
Tewfik, (2) Ferial Tewfik, and (3) the Iowa City Cancer Treatment Center. The Guaranty
Agreements say that the guarantor will not consolidate, merge, or dispose of assets without the
consent of Great Western Bank and the City of Iowa City. At the time of the sale, this consent
was not requested by Dr. Tewfik nor was it given by Great Western Bank or the City.
Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053
Resolution No. 17-272
Resolution setting public hearing on amending the
FY2018 Operating Budget.
Be it resolved by the City Council of Iowa City, Iowa, that a public hearing will be held in Harvat
Hall, City Hall, 410 East Washington Street, at 7:00 p.m., September 5, 2017, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit
any citizen to be heard for or against the proposed amendment to the FY2018 Operating Budget.
The City Clerk is hereby directed to give notice of said public hearing and time and place thereof
by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not
less than ten (10) days and not more than twenty (20) days before the time set for such hearing.
Passed and approved this 15th day of August , 20_
May
Att
City Clerk
It was moved by Botchway and seconded by
adopted, and upon roll call there were:
Ayes:
x
x
Nays:
A oveed by
, <Z� ij
City Attorney's Office 7- V7 %
Thomas
Absent:
the Resolution be
Botchway
Cole
x Dickens
Mims
Taylor
Thomas
Throgmorton
' r CITY OF 1 O WA CIT
NI.
^Ama s, COUNCIL ACTION REPO 3e(1)
August 15, 2017
Resolution to Amend the FY2018 Operating Budget
Prepared By: Jacklyn Budding, Budget & Compliance Officer
Reviewed By: Dennis Bockenstedt, Finance Director and Simon Andrew, Assistant to the
City Manager
Fiscal Impact: FY2018 budget revisions funded through new revenues or available fund
balance
Recommendations: Staff: Approval
Commission: N/A
Attachments: FY2018 Notice of Public Hearing and related schedules
Executive Summary:
The Finance Department requests the City Council set a public hearing for consideration of
amending the fiscal year 2018 annual budget on September 5, 2017. This is the first budget
amendment for fiscal year 2018.
Background / Analysis:
Budget amendments are submitted to the Finance Department and reviewed for approval by the
Finance Director and City Manager. Requests to carry appropriations over from one year to the
next are also submitted and approved in the same manner. A formal recommendation for a
budget amendment is then prepared for City Council approval.
The State of Iowa allows cities to amend the annual operating budget for supplemental
appropriation authority. These changes may include new or revised revenue and expenditure
projections, transfers between funds, and capital improvement plan changes. Increased
expenditures must utilize available fund balance or additional revenue sources, as the State does
not allow amendments to increase property taxes. According to the City's financial policies,
amendments to operating budgets will be made only in the following situations:
• emergency situations
• transfer from contingency
• expenditures with offsetting revenues or fund balance
• carry-over of prior year budget authority for expenses that had not been paid as of the end
of the fiscal year.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
This proposed budget amendment increases overall revenues and transfers -in by $15,657,726,
as shown on Line 15 of the attached notice (see Revenues & Other Financing Sources, lines 1-
15). The majority of the revenues being amended is for intergovernmental revenues, other
financing sources, and transfers in. Intergovernmental revenues (line 9) are being increased by
$6,451,144, which primarily represents State and Federal grants on buses and capital projects
and HOME/CDBG revenues that are being carried forward from the prior year. Other Financing
Sources (line 13) is being amended by $663,000 for UniverCity home sales. Lastly, transfers in
(line 14) are being amended by $8,351,582 for transfers being carried forward for the Gateway
Project ($8,021,582 from sales tax), for the Landfill Tarp Development System ($90,000 from
Landfill operations) and for the Landfill Leachate Pumping Station ($240,000 from Landfill
operations).
The section entitled Expenditures & Other Financial Uses (lines 16-28) provides for an increase
in appropriations of $86,186,767. The majority of the increase in appropriations is related to
governmental capital improvement projects that are being carry forward from prior years (line
23) and total $46,375,321. The next largest increase in appropriations is for the Business
Type/Enterprise program (line 25) and totals $28,222,041. The increase in this program
primarily reflects the carry forward of utility fund capital improvement projects from prior years.
The third largest program amendment is for Transfers Out (line 27). This program is being
increased by $8,351,582 and reflects sales tax funding for the Gateway Project and Landfill
funding for the Landfill Tarp Development System and Leachate Pumping Station projects. The
last significant amendment is for the Community and Economic Development program (line 20)
and totals $2,685,092.This primarily reflects the carry forward of appropriations for the
CDBG/HOME programs and the UniverCity program.
The net budgeted result to fund balances is a reduction of $70,529,041 (line 29). This reduction
will be covered through excess fund balances and bond funds and will not affect property tax
revenues or levies.
The Notice of Public Hearing for the first budget amendment of fiscal year 2018 is attached to
this memo along with a detailed list of the individual amendments.
J.15
NOTICE OF PUBLIC HEARING
Farr Mc1 AMENDMENT OF FY2017-2018 CITY BUDGET
The City Council of Iowa City in JOHNSON County, Iowa
vdll meet at City Hall, 410 E. Washington Street
at 7:00pm on 9/5/2017
(n 1 (oats)
,for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2018
(w+)
by changing estimates of revenue and expenditure appropriations in the following functions for the reasons given.
Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity.
Explanation of increases or decreases in revenue estimates, appropriations, or available cash:
FY17 Capital Project expenditures carried forward include $14,152,789 for Gateway Project, $13,349,055 for
Chauncey Building, $4,450,000 for Public Works Facility , $1,071,133 for Mormon Track/Benton Right Turn Lane,
and Enterprise Fund projects: $2,270,056 for North WWTF Removal and $2,118,352 for Biosolid Dewatering
Equipment. FY17 expenditures carried forward include $4,924,297 for Buses and $833,713 for CDBG/HOME. New
expenditures include $10,970,000 for bond refundings; additional detail is available in the City Clerk's Office.
There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed
budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax
revenues and cash balances not budgeted or considered in this current budget.
Kellie Fruehling, City Clerk
City Clerk/ Finance Officer Name
Total Budget
as certified
or last amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Flnancina Sources
Taxes Levied on Properly
1
56,458,399
56,458,399
Less: Uncollected Property Taxes -Levy Year
2
0
0
Net Current Property Taxes
3
56,458,399
0
56,458,399
Delinquent Property Taxes
4
0
0
TIF Revenues
5
2,333,912
2,333,912
Other City Taxes
6
2,720,389
2,720,389
Licenses & Permits
7
1,867,190
1,867,190
Use of Money and Properly
8
2,330,393
2,330,393
Intergovernmental
9
29,463,240
6,451,144
35,914,384
Charges for Services
10
46,031,372
46,031,372
Special Assessments
11
1,000
1,000
Miscellaneous
12
3,808,043
192,000
4,000,043
Other Financing Sources
13
17,477,592
663,000
18,140,592
Transfers In
14
38,537,158
8,351,582
46,888,740
Total Revenues and Other Sources
15
201,028,688
15,657,726
216,686,414
Expenditures & Other Financina Uses
Public Safety
16
24,426,000
136,286
24,562,286
Public Works
17
9,702,697
254,287
9,956,984
Health and Social Services
18
300,000
300,000
Culture and Recreation
19
14,279,568
128,513
14,408,081
CommunhyandEconomic Development
20
8,834,675
2,685,092
11,519,767
General Government
21
9,544,370
33,645
9,578,015
Debt Service
22
14,256,417
14,256,417
Capital Projects
23
32,530,291
46,375,321
78,905,612
Total Government Activities Expenditures
24
113,874,018
49,613,144
163,487,162
Business Type/Enterprises
25
59,455,617
28,222,041
87,677,658
Total Gov Activities& Business Expenditures
26
173,329,635
77,835,185
251,164,820
Transfers Out
27
38,537,158
8,351,582
46,888,740
Total ExpendhuresfTfansfefsOut
28
211,866,793
86,186,767
298,053,560
Excess Revenues & Other Sources Over
(Under)Expenditures/Transfers Out Fiscal Year
29
-10,838,105
-70,529,041
-81,367,146
Beginning Fund Balance July 1
30
133,730,385
133,730,385
Ending Fund Balance June 30
31
122,892,280
-70,529,041
52,363,239
Explanation of increases or decreases in revenue estimates, appropriations, or available cash:
FY17 Capital Project expenditures carried forward include $14,152,789 for Gateway Project, $13,349,055 for
Chauncey Building, $4,450,000 for Public Works Facility , $1,071,133 for Mormon Track/Benton Right Turn Lane,
and Enterprise Fund projects: $2,270,056 for North WWTF Removal and $2,118,352 for Biosolid Dewatering
Equipment. FY17 expenditures carried forward include $4,924,297 for Buses and $833,713 for CDBG/HOME. New
expenditures include $10,970,000 for bond refundings; additional detail is available in the City Clerk's Office.
There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed
budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax
revenues and cash balances not budgeted or considered in this current budget.
Kellie Fruehling, City Clerk
City Clerk/ Finance Officer Name
Budget Carryforwards:
1000
10120100
476130
Agenda Management software
$
9,500
1000
10210510
448070
Workforce housing tax credit support
$
100,000
1000
10210510
448070
Economic Development assistance
$
47,523
1000
10310100
476070
Kronos time clocks
$
15,576
1000
10410310
455110
Adobe upgrades
$
10,000
1000
10410310
474220
Police Cars
$
86,286
1000
10450120
474420
Two weather alert sirens
$
40,000
1000
10510100
432060
Park Master Plan
$
7,400
1000
10510311
455120
Laptopfor HVACcontrol
$
3,300
1000
10530211
473010
Laser grade ball fields
$
15,000
1000
10530300
432080
Tree inventory
$
53,787
1000
10550140
444080
Catalog software upgrades
$
35,000
1000
10570100
442020
Plaster, paint 2nd floor rooms
$
5,000
1000
10570100
442050
Blinds for room 208
$
3,750
1000
10570100
474420
2nd Floor tables
$
30,144
1000
10570100
474420
Elliptical replacement
$
8,000
1000
10610100
432060
Bike Master Plan
$
3,163
1000
10610100
432060
Housing Market Analysis
$
35,000
1000
10610150
432060
Climate Action Plan
$
80,000
1000
10610150
448010
Local Foods Grants
$
10,832
1000
10610220
392100
UniverCity home sales
$
(663,000)
1000
10610220
472010
UniverCity building improvements
$
225,030
1000
10610220
480350
UniverCity loan repayments
$
663,000
1000
10610620
432060
Form Base Code project
$
39,670
1000
10610620
334900
State grant-DHPsurvey
$
(5,000)
1000
10610620
432060
101 Downtown Historic Preservation Survey
$
22,000
1003
10570400
472010
Room 103 flooring and Improvements
$
13,237
2100
21610320
331100
CDBG Grants
$
(186,038)
2100
21610320
448090
CDBG Grants
$
186,038
2110
21610420
331100
HOME grants
$
(647,678)
2110
21610420
448060
HOMEgrants
$
647,678
2200
22710332
474420
Type III Barricades
$
7,500
2200
22710332
474420
Traffic sign control additions/replacements
$
10,000
2200
22710332
474420
Traffic control trailer
$
6,000
2200
22710322
473010
Trafficsignal pole painting
$
90,000
2200
22710322
474340
Traffic signal head replacement
$
50,000
2200
22710322
445230
Tactics annual software maintenance
$
12,500
2200
22710325
469040
New bell light pole bases
$
13,000
2200
22710325
473010
Paint existing bell light pole bases
$
11,500
2300
23610215
432060
Invest Health grant
$
27,005
2300
23610290
331200
HMGP grant
$
(313,338)
2300
23510290
334810
HMGPgrant
$
(34,815)
2300
23610290
471010
HMGP grant
$
348,153
7150
71810221
474420
Bus tracking system
$
155,000
7150
71810221
474420
Wash bay motor replacement - two
$
12,203
7151
71810280
474250
Buses
$
4,924,297
7151
71810280
334900
Buses
$
(3,655,255)
7200
72720140
474420
Software and training for CUES truck
$
21,059
7300
73730130
474420
Tapping and leak detection equipment
$
31,779
7300
73730140
474420
I -Pad Pros -5
$
7,500
7300
73730140
474420
Tapping machines -2
$
10,000
7502
75750220
474420
1,500 Recycle carts
$
75,000
7502
75750220
474420
1,000 food waste carts
$
10,000
8100
81710520
474230
Trucks
$
924,464 X
8100
81710520
474240
Tractors
$
36,097 X
Budget Amendments:
1000
10410220
414100
Police Overtime
$
15,000
1000
10410310
414100
Police Overtime
$
(15,000)
21
20
20
21
16
16
16
19
21
19
17
19
19
19
19
19
20
20
20
20
13
20
20
20
9
20
19
9
20
9
20
17
17
17
17
17
17
17
17
20
9
9
20
25
25
25
9
25
25
25
25
25
25
16
16
1000
10110100
449060
US Conference of Mayors Dues
$
5,269
21
1000
10520200
435057
Armored Car Service
$
3,392
19
1000
10520542
435057
Armored Car Service
$
3,392
19
1000
10520543
435057
Armored Car Service
$
848
19
1000
10310130
471010
Hazard mitigation home buyout in City Park
$
250,000
20
1024
10540500
442020
Monument restoration
$
1,500
19
1024
10540500
461030
Plants & trees
$
1,000
19
1024
10540500
432080
Map changes
$
850
19
7201
72720832
480100
2009A Sewer Bond Refunding
$
5,245,000
25
7301
73730863
480100
20098 Water Bond Refunding
$
5,725,000
25
CIP Carryforwards:
7605
76850905
331100
Runway 12-30 Obstruction Mitigation
S
(505,260)
9
A3442
7605
76850905
432060
Runway 12-30 Obstruction Mitigation
$
37,168
25
A3442
7605
76850905
473010
Runway 12-30 Obstruction Mitigation
$
449,400
25
A3442
7605
76850905
331100
Runway 7/25 Design Conversion
$
(225,000)
9
A3464
7605
76850905
432090
Runway 7/25 Design Conversion
$
37,500
25
A3464
7605
76850905
473010
Runway 7/25 Design Conversion
$
212,500
25
A3464
7605
76850905
334900
Airport South Taxiway Extension
$
(80,185)
9
A3467
7605
76850905
432090
Airport South Taxiway Extension
$
3,568
25
A3467
7605
76850905
473010
Airport South Taxiway Extension
$
60,771
25
A3467
7605
76850905
334900
North T -H angar Restrooms
$
(56,088)
9
A3468
7605
76850905
472010
North T -Hangar Restrooms
$
66,080
25
A3468
3100
31610900
473010
Riverfront Crossings Redevelopment
$
453,292
23
E4513
3100
31610900
448070
Chauncey Building grant
$
13,349,055
23
E4516
3100
31610900
448010
Carbon Emissions Reduction
$
119,175
23
E4520
3100
31310790
473010
City Hall -other projects
$
125,236
23
G4704
3100
31310790
432060
Phone System Replacement
$
25,272
23
G4722
3100
31310790
475010
Phone System Replacement
$
500,000
23
G4722
3100
31310790
476130
Permitting5oftware Upgrade
$
569,723
23
G4720
7505
75750905
473010
Hebl Road Improvements
$
750,329
25
L3322
7505
75750905
393260
Landfill Tarp Development System
$
(90,ODO)
14
L3329
7500
75750900
490040
Landfill Tarp Development System
$
90,000
27
7505
75750905
473010
Landfill Tarp Development System
$
90,000
25
L3329
7505
75750905
393260
Landfill Leachate Pumping Station
$
(240,000)
14
L3330
7500
75750900
490040
Landfill Leachate Pumping Station
$
240,000
27
7505
75750905
473010
Landfill Leachate Pumping5tation
$
240,000
25
L3330
7705
77770905
473010
Storm Water Improvements
$
77,784
25
M3631
7705
77770905
432090
Normandy Dr Storm Sewer Replacement
$
8,158
25
M3629
7705
77770905
473010
Normandy Dr Storm Sewer Replacement
$
350,000
25
M3629
7705
77770905
432090
Stevens Drive Storm Sewer Improvements
$
25,000
25
M3630
7705
77770905
473010
Stevens Drive Storm Sewer Improvements
5
350,000
25
M3630
3100
31710940
432060
Public Works Facility Site Improvements
S
150,184
23
P3956
3100
31710940
473010
CBD Improvements
$
334,645
23
P3971
3100
31710940
432090
Idyllwild Drainage Improvements
$
42,043
23
P3976
3100
31710940
473010
Idyllwild Drainage Improvements
$
450,000
23
P3976
3100
31710940
473010
Riverside Or Streetscape Improvements
$
651,541
23
P3977
3100
31710940
473010
West Riverbank Stabilization
$
400,000
23
P3981
3100
31710940
432040
Public Works Facility
$
700,000
23
P3959
3100
31710940
472010
Public Works Facility
$
3,750,000
23
P3959
3100
31530910
473010
Annual Park Improvements
$
156,118
23
R4130
3100
31530910
473010
Annual Park ADA Improvements
$
50,000
23
R4132
3100
31530910
473010
Frauenholtz-Miller Park Development
$
61,585
23
R4137
3100
31530910
473010
Happy Hollow Shelter & Restroom
$
134,314
23
R4192
3100
31530910
334900
Ashton House Patio Improvements
$
(155,000)
9
R4193
3100
31530910
473010
Ashton House Patio Improvements
$
138,615
23
R4193
3100
31530920
473010
Annual Trail Improvements
$
100,000
23
R4206
3100
31520900
473010
ElementarySchool Rec Facility
$
750,000
23
R4331
3100
31530910
432060
Pedestrian Mail Reconstruction
$
501,213
23
R4340
3100
31530910
473010
Park at N WWTF Site
$
1,000,000
23
R4185
3100
31530910
334900
City Park Cabin Restoration
$
(12,500)
9
R4187
3100
31530910
362100
City Park Cabin Restoration
$
(15,000)
12
R4187
3100
31530910
473010
City Park Cabin Restoration
$
176,003
23
R4187
3100
31520900
473010
City Park Pool Cabana Shelters
$
12,524
23
R4188
3100
31530910
473010
Emerald Ash Borer Response Plan
$
186,585
23
R4189
3100
31530910
432090
Pheasant Hill Park Renovation
$
6,862
23
R4191
3100
31530910
473010
Pheasant Hill Park Renovation
$
5,771
23
R4191
3100
31530910
432060
Creekside Park Redevelopment
$
13,900
23
R4341
3100
31310790
369900
Upgrade Building BAS Controls
$
(177,000)
12
R4332
3100
31310790
472010
Upgrade Building BAS Controls
$
528,240
23
R4332
3100
31520900
432040
Recreation Center Lobby Remodel
$
15,000
23
R4336
3100
31520900
472010
Recreation Center Lobby Remodel
$
144,874
23
R4336
3100
31520900
473010
Tennis/Pickle Ball Court Resurfacing
$
28,119
23
R4337
3100
31530920
473010
Hickory Hill Trail Redesign
$
536,115
23
R4224
3100
31530910
473010
Sustainable Roadway Vegetation Program
$
60,955
23
R4226
3200
32710910
473010
Gateway Project
$
14,152,789
23
53809
3200
32710910
393160
Gateway Project
$
(8,021,582)
14
53809
1011
10310711
490040
Gateway Project
$
8,021,582
27
3200
32710910
331100
Gateway Project
$
(374,987)
9
53809
3200
32710910
473010
Pavement Rehabilitation
$
983,810
23
53824
3200
32710910
473010
Annual Complete Street Improvement
$
260,716
23
53827
3200
32710930
473010
Sidewalk Infill
$
65,979
23
53828
3200
32710910
331100
Burlington & Clinton Intersection
$
(200,000)
9
53840
3200
32710910
473010
Burlington & Clinton Intersection
$
1,021,811
23
53840
3200
32710910
473010
Davenport Brick Street Reconstruction
$
444,104
23
53850
3200
32710910
473010
Mormon Trek/Benton Right Turn Lane
$
1,071,133
23
53868
3200
32710950
473010
LED Streetlight Replacement
$
117,015
23
53932
3200
32710910
473010
First Ave Three Lane Conversion
$
196,073
23
53937
3200
32710910
473010
Washington Street Reconstruction
$
22,496
23
53938
3200
32710910
432090
Gilbert Street Intersection Improvements
$
100,000
23
53945
3200
32710950
473010
Myrtle/Riverside Intersection
$
817,389
23
53933
3200
32710920
432090
Prentiss Street Bridge Replacement
$
125,000
23
53935
7105
71810915
473010
Parking Facility Restoration
$
391,568
25
T3004
7105
71810915
474420
Parking Facility and Enforcement Automation
$
505,213
25
T3009
7105
71810915
432060
Capitol & Dubuque5t Fagade Improvements
$
150,000
25
T3017
7155
71810925
473010
Transit Bus Shelter Replacement
$
150,000
25
T3059
7155
71810925
473010
Transit Bus Camera Replacement
$
108,000
25
T3060
7155
71810925
472010
Transit Facility Office Remodel
$
40,000
25
T3061
7155
71810925
474270
Transit Bus Sign Replacement
$
95,000
25
T3062
7205
72720905
473010
Annual Sewer Improvements
$
458,765
25
V3101
7205
72720905
473010
Sludge Biosolid Dewatering Equipment
$
2,118,352
25
V3141
7205
72720905
473010
North WWTreatment Plant Removal
$
2,270,056
25
V3142
7205
72720905
473010
Wastewater Clarifier Repairs
$
154,782
25
V3144
7205
72720905
432090
Scott Boulevard Trunk Sewer
$
175,000
25
V3145
7205
72720905
471030
Scott Boulevard Trunk Sewer
$
300,000
25
V3145
7205
72720905
473010
Melrose Court Sanitary Sewer Replacement
$
450,000
25
V3146
7305
73730905
473010
Ground Storage Reservoir VFD Replacement
$
61,378
25
W3213
7305
73730905
473010
Douglas St/Ct Water Main
$
570,292
25
W3223
7305
73730905
473010
Water Plant Computer Control System Rept
$
159,922
25
W3226
7305
73730905
472010
Water Distribution Building Repairs
$
100,000
25
W3309
7305
73730905
472010
Water Plant Roof Replacement
$
400,000
25
W3310
7305
73730905
473010
Silurian Well Rehabilitation
$
90,000
25
W3312
7305
73730905
473010
Water Distrib Pressure Zone Improvements
$
498,617
25
W3301
3100
31450900
473010
Fire Station W3 Kitchen Remodel
$
35,000
23
Y4432
3100
31410930
448080
FY13 JAG Grant
$
13,987
23
Y4434
3100
31410930
472010
Fire/Police Storage Facility
$
700,000
23
Y4436
3100
31410930
448080
FYSS JAG Grant
$
6,263
23
Y4437
3100
31410930
448080
FYI6 JAG Speed Trailers
$
14,797
23
Y4438
$
71,489,601
Intergovernmental
$
(6,451,144)
9
Charges for Services
$
-
30
Miscellaneous
$
(192,000)
12
Other Financing Sources
$
(663,000)
13
Transfers In
$
(8,351,582)
14
Public Safety
$
136,286
16
Public Works
$
254,287
17
Health & Social Services
$
-
18
Culture & Recreation
$
128,513
19
Community & Economic Development
$
2,685,092
20
General Government
$
33,645
21
Debt Service
$
-
22
Capital Projects
$
46,375,321
23
Business-Type/Enterprise
$
28,222,041
25
Transfers Out
$
8,351,582
27
Internal Service (not budgeted)
$
960,561
X
$
71,489,601
Internal Service (not budgeted)
$
(960,561)
Excess Revenues & Other Financing Sources under
Expenditures/Transfers Out
$
70,529,041
29
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5239 (SUB17-00008)
Resolution No. 17-273
Resolution approving the preliminary plat of Stone Bridge Estates, Part
Ten, Iowa City, Iowa.
Whereas, the owner, Arlington Development, filed with the City Clerk, an application for approval of
the preliminary plat of Stone Bridge Estates, Part Ten, Iowa City, Iowa; and
Whereas, the Department of Neighborhood and Development Services and the Public Works
Department examined the preliminary plat and recommended approval; and
Whereas, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
Whereas, the preliminary plat conforms with all of the requirements of the City Ordinances of the
City of Iowa City, Iowa.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that
The preliminary plat of Stone Bridge Estates, Part Ten, Iowa City, Iowa, is hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by law.
Passed and approved this 15 day of August /2017.
Jim hrogmorton, Mayol
l Approved By
Attgs�, C4 e
ellie Fruehling ity Clerk City Attorney's Office �� �i 7
It was moved by Mims
adopted, and upon roll call there were:
and seconded by sotchwav the Resolution be
Ayes: Nays: Absent:
X Botchway
X Cole
X Dickens
X Mims
—� Taylor
Thomas
-� Throgmorton
To: Planning & Zoning Commission
Item: REZ17-00011/SUB17-0008
Stonebridge Estates, Part Ten
Huntington and Thames
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
SPECIAL INFORMATION:
Public Utilities:
STAFF REPORT
Prepared by: Sarah Walz
Date: July 6, 2017
Arlington Development
1486 1 t Avenue, Unit A
Iowa City, IA 52240
Duane Musser
1917 S. Gilbert
Iowa City, IA 52240
319-351-8282
Preliminary Plat for a 7.9 -acre subdivision.
Rezoning from RS -8 to RM -12 for 1.59 acres within
the subdivision.
To allow the development of Stone Bridge Estates
Part 10 with a mix of single-family, duplex, and
townhomes.
Thames Drive and Huntington Drive
7.90 acres (subdivision)
1.59 acre (re -zoning)
Undeveloped (RS -8)
North: Single-family residential (County -R)
South: Residential (RM -12)
East: Agricultural (County -Ag)
West: Undeveloped (OPD -5)
Single-family residential
Lower West Branch
June 15, 2017
July 31, 2017
Sanitary Sewer can be extended from neighboring
Iowa City subdivisions on the west and south.
08-15-17
5e
E
Public Services: The City will provide Police and Fire protection, and
refuse and recycling collection services. The transit
route Eastside Express serves the proposed
subdivision with a stop along Ashford Place.
BACKGROUND INFORMATION
The subject property is located east of Stone Bridge Estates, Parts 7 and 8 and north of Windsor
Ridge, Part 21. The property is bounded on its west by the south branch of Ralston Creek and by
Taft Avenue to its east. Huntington Drive serves as the principal access from Court Street to the
south. Additional access is provided from Thames Drive, which connects with Colchester to the
west. Thames Drive will also connect with Taft Avenue to the east. At this time Taft Avenue is an
unimproved, chip seal road. It is planned as a future north–south arterial street and may serve as
a route to and from the industrial park and proposed eastside sports complex to the south.
The applicant, Arlington Development, has requested a rezoning from Medium Density Single -
Family Residential (RS -8) to Low Density Multi -Family (RM -12) zone to allow for townhomes on lot
147 of the proposed subdivision. The requested RM -12 zoning will allow development of
approximately 8 townhome style multi -family units (two buildings with four units each) adjacent to
an established multi -family zone in Windsor Ridge, Part 21. The applicant has provided elevations
of the proposed buildings. Vehicle access to the units would be from a rear alley.
In 2009, the property was zoned RS -8 with conditions pertaining to the future upgrade of Taft
Avenue as well as minimum lot depths and a landscaped buffer for properties double -fronting
along Taft Avenue. The rezoning also required a stub street abutting the single-family property to
the north such that the Huntington Drive may be extended if the adjacent property is redeveloped
in the future.
The applicant has used the "Good Neighbor Policy"; a Good Neighbor Meeting took place on June
8. In response to concerns expressed by some neighbors, the applicant has amended the
rezoning application to remove the request for RM -12 zoning on lots 148 to 152 located on the
west side of Huntington Drive. RM -12 zoning is now only being requested for lot 147 located on
the east side of Huntington Drive.
ANALYSIS:
Current Zoning: The Medium Density Single -Family Residential (RS -8) zone allows the
development of small lot, single-family dwellings and provides flexibility for duplex development on
corner lots that meet minimum lot area and width standards. Corner lots shown on the plat exceed
the minimum 8,700 square foot standard for duplex development in the RS -8 zone. The remaining
single family lots exceed the minimum 5,000 square foot standard—the smallest lot is 5,898
square feet. Lots on the west side of Huntington Drive are double fronting and are therefore
required by code to be 125% of the minimum lot size (6,250 for single-family detached and
10,875 for duplexes)—all lots meet this standard. In addition, the conditional rezoning, approved
in 2009, requires that lots fronting onto Taft Avenue be a minimum of 140 feet deep in order to
accommodate a minimum 40 -foot setback from the arterial street. All lots meet this standard and
the plat shows the landscaped buffer required by the previous conditional zoning.
Proposed Zoning: The purpose of the Low Density Multi -Family Residential (RM -12) zone is to
provide for the development of high density, single-family housing and low density, multi -family
PC C15latt Repons4ei17-00011 sub17-00000 slonebridge correcledl0.doc
3
housing. This zone is intended to provide a diverse variety of housing options in neighborhoods
throughout the city. Careful attention to site and building design is important to ensure that the
various housing types are compatible with one another. The RM -12 zoning proposed for 1.59
acres (lot 147) at the southeast corner of the subdivision would allow for the development of multi-
family housing adjacent to an existing RM -12 zone. The applicant is proposing attached single-
family housing (townhomes), which are allowed with a minimum lot area of 3,000 square feet per
unit. The applicant has submitted a concept and elevations for 2 buildings with 4 townhome units
each.
Compliance with Comprehensive Plan: The Northeast District Plan shows the area north of
Thames Drive as appropriate for single-family housing. Large lots were proposed to allow
space for a buffer to minimize noise and glare from traffic along Taft Avenue. To satisfy the
conditional zoning requirements, the applicant addressed the concern regarding double -fronting
lots by platting deeper lots with a substantial landscaped bugger located within a 40 -foot
setback from the road. The area proposed for the rezoning includes a rear alley with garages
toward Taft Avenue; the 40 -foot setback and landscaped buffer are retained. Staff
recommends the same landscaping plan approved in 2009 continue to be required for
consistency.
Compatibility with neighborhood. The recently established neighborhood on the west side of
the creek consists of single-family housing zoned Low Density Single -Family (RS -5). To the
north is a single-family home on a large lot with County residential zoning. Property to the south
(Windsor Ridge, Part 21) is a Low Density Multi -family (RM -12) zone and is already developed.
Staff believes that zoning to allow townhomes on the east side of Huntington Drive can provide
an appropriate transition from the multi -family to the south, which is oriented toward Taft
Avenue. Duplex lots are proposed at the intersection of Huntington Drive and Thames Drive –
duplex lots on corner properties are permitted under the existing RS -8 zoning.
Environmentally Sensitive Areas: The property is adjacent to Stone Bridge, Parts 7 and 8,
which encompass the South Branch of Ralston Creek along the eastern edge. The developer
has provided a sensitive area site plan indicating the stream corridor and required stream buffer
just outside the property.
Access and street design: The main access to the subdivision will be provided from an
extension of Huntington Drive, which connects to Court Street through Windsor Ridge Part 21
to the south. Thames Drive will provide additional access across the creek to Colchester to the
west and Taft Avenue to the east. Once constructed, Thames Drive will provide the sole east
west neighborhood connection to Taft Avenue between East Court Street and Lower West Branch
Road—the two arterials are approximately one half mile apart with Thames equidistant between
them.
Section 15 -3E -2K of the subdivision code states that "At the discretion of the City, subdivisions
may be approved that access existing public streets that do not meet City standards, provided
the subdivider contributes toward the future construction cost of bringing the segment of the
subject public street that abuts the subject property to City standards." As stated above, Taft
Avenue is currently an unimproved chip seal road, but is planned as a future arterial street.
Therefore the subdivider of Stone Bridge Part 10 will be subject to the arterial street costs
(12.5% of total construction cost) at the time of final plat. This percentage is included in the
existing Conditional Zoning Agreement from when the property was rezoned in 2009, and
PC Mteff Repotl*=17-00011 subl7-00008 stonebridge conecledlU.tloc
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should also be included in the legal papers for the subdivision.
Because the proposed lots are small, a condition of the 2009 rezoning required the applicant to
provide a detailed landscaping plan to buffer the development from the future arterial street,
which may carry considerable truck traffic. The rezoning for the 1.59 acres on lot 47 should
include the same condition for an enhanced buffer along Taft Avenue. The applicant has
indicated the continuation of the buffer on the submitted plat.
To provide for the future improvement of Taft Avenue, the prior RS -8 rezoning required the
property owner to dedicate space for right-of-way and construction easements at the time of
subdivision. Prior to the issuance of building permits, the property owner must also set aside
funds to establish the landscape buffer along Taft Avenue. The buffer will be installed after the
Taft Avenue is rebuilt. The same conditions should apply to the RM -12 rezoning
The current concept plan shows Huntington Drive continuing north to allow adequate space for
lots on the east side of Huntington to accommodate the buffer as well as usable back yard. A
minimum 40 -foot building setback is required along Taft Avenue. Within this setback a 20 -foot
landscaped buffer is required. The applicant has provided a concept indicating that the
townhomes and rear alley can be accommodated without reducing the buffer area. No fences
are allowed in the 20 -foot buffer area; this prohibition must be made explicit in the subdivision
papers.
The proposed subdivision provides emergency vehicle turn -around at the end of Huntington
where it abuts the single-family property to the north.
Thames Drive includes an 8 -foot sidewalk on the south side of the street to provide an adequate
connection between the planned trail system and the neighborhood to the west of the creek. An
easement along the east side of the creek, which was established with Stonebridge Estates, Part
7, will be vacated and relocated along the edge of Part 10 in order to move the trail back from the
creek and buffer area.
Neighborhood parkland or fees in lieu of: Open space dedication or fees in lieu of are
addressed at the time of subdivision. Based on 1.59 acres of RM -12 zoning and 6.31 acres of RS -
8 zoning, the developer would be required to dedicate 0.58 acres of land. Fees in lieu of
dedication would be appropriate given the lack of suitable open space on this property.
Storm water management:
The applicant will provide infrastructure to convey the storm water to the creek which carries the
100 -year storm run-off to the public storm water management facility—Scott Park Detention Areas
on the south branch of the Ralston Creek. No separate storm water management facility on the
property is required.
Infrastructure fees: The water main extension fee of $435 per acre will apply to this subdivision
and should be noted in the legal papers at the time of final plat approval. No fees for sanitary
sewer are required. As noted above, fees will also be collected for the improvement of Taft
Avenue.
STAFF RECOMMENDATION: Staff recommends that REZ17-00011, a rezoning of 1.59 acres
from Medium Density Single Family (RS -8) zone to RM -12 Low Density Multi -family, for property
PCMStaH Repadstrezl7-00011 sub17-00000 stcnebridga correctedl0.doc
5
located on Huntington Drive, south of Thames be approved subject to a conditional zoning
agreement requiring compliance with the following:
1. the developer is required to dedicate space along Taft Avenue for right-of-way and
construction easements to allow the future improvement of the arterial street;
2. substantial conformance with the concept plan in regard to lot depths and street layout;
and
3. substantial compliance with the landscaping plan dated 10-12-09
4. substantial compliance with the elevations submitted for two buildings consisting of 4
townhomes each.
Staff recommends approval of SUB17-00008, a 22 -lot, 7.9 acre preliminary plat located along
Huntington Drive and Thames Drive.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Rezoning Exhibit
4. Elevations
5. 10/12/08 Landscape Plan
6. Summary Report of Good Neighbor Meeting
Approved by: 4A/, V
John Yapp, Develo ment Servig6s Coordinator,
Department of Neighborhood a d Development Services
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Summary Report for
Good Neighbor Meeting
Project Name: Stone Bridge Estates, Part Ten
Meeting Date and Time: June B, 2017 at 5:30pm
Meeting Location: St. Patricks Church
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CITY OF IOWA CITY
Location: Huntington & Thames Drive
Names of Applicant Representatives attending: John Moreland
Names of City Staff Representatives attending: Marcia Bollinger
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Number of Neighbors Attending: 1 (. Sign -In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary)-
Concerns expressed regarding project (attach additional sheets if necessary) -
UP,•P (D0al- l, ,t,'etZ k) '--t6
Will there be any changes made to the proposal based on this input? If so, describe:
Staff Representative Comments
Initial concerns expressed included the multi -family rental causing instability to the neighborhood.
Others suggested they were told all development to Scott Blvd. would be single family. The schedule for Improvements
to Taft and connection with Thames was also of interest as the need to access it by the new residents was important.
Good Neighbor Meeting
June 8th @ 5:30pm
Stone Bridge Estates, Part Ten
St. Patricks Church
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Planning and Zoning Commission
July 6, 2017 — Formal Meeting
Page 10 of 13
Hensch moved to defer the item until the next meeting so an additional goal can be
drafted regarding the woodland preservation along the Dubuque Street entrance.
Dyer noted the houses on Knollwood Lane may qualify as historical houses since they are mid
century modern that were created by a distinctive developer.
Parsons seconded the motion and concurred
Parsons noted that when he read the North District Plan there was already mention of trying to
preserve the area, so would that statement remain. Yapp confirmed that would remain in the
Plan. The current language discusses the scenic character of the corridor but doesn't get into
the specific woodland preservation or natural areas.
A vote was taken and the motion carried 6-1 (Signs dissenting)
REZONING / DEVELOPMENT ITEM 1REZ17-00011/SUB17-000081•
Discussion of an application submitted by Arlington LC for a rezoning of approximately 1.59
acres from Medium Density Single -Family (RS -8) zone to Low Density Multi -Family (RM -12)
zone and a preliminary plat of Stone Bridge Estates, Part Ten, a 22 -lot, 7.9 -acre residential
subdivision located southeast of the intersection of Thames Drive and Huntington Drive.
Yapp began the staff report showing a map of the location of the proposed subdivision. The
existing zoning is Medium Density Single -Family Residential (RS -8), to the south is Low Density
Multi -Family (RM -12) zone, and to the west is Planned Development 5, a Planned Development
Single -Family. The proposed application consists of two parts; the first part is rezoning lot 147
to Low Density Multi -Family consistent with the property to the south. The remainder of the
application is for a single-family subdivision, extending Huntington Drive to the northern property
line and extending Thames Drive to Taft Avenue. Yapp explained that the existing RS -8 zoning
does allow duplexes on corner lots and the applicant does intend to construct duplexes at the
intersection of Huntington and Thames Drives and that is why those lots are a little bit larger.
Yapp showed images of the proposed townhouses and lot 147 could accommodate
approximately 8 townhomes that would be accessed from a rear lane. When this property was
first rezoned in 2009 the City required a landscape buffer along Taft Avenue and a concept plan
was adopted and Staff now requires that same concept be required. The concern at the time
was someday Taft Avenue will become a major north/south arterial street and the hope is by the
time that happens this landscaping will have matured and help protect the rear yards of these
properties.
Staff recommends approval of REZ17-00011, a rezoning of 1.59 acres from Medium Density
Single Family (RS -8) zone to RM -12 Low Density Multi -family, for property located on
Huntington Drive, south of Thames be approved subject to a conditional zoning agreement
requiring compliance with the following:
1. The developer is required to dedicate space along Taft Avenue for right-of-way and
construction easements to allow the future improvement of the arterial street;
2. Substantial conformance with the concept plan in regard to lot depths and street layout;
and
3. Substantial compliance with the landscaping plan dated 10-12-09
4. Substantial compliance with the elevations submitted for two buildings consisting of 4
Planning and Zoning Commission
July 6, 2017 — Formal Meeting
Page 11 of 13
townhomes each
Stormwater management would be collected near the creek and directed along Scott Boulevard
stormwater basin, a City regional stormwater facility.
Staff also recommends approval of SUB17-00008, a 22 -lot, 7.9 acre preliminary plat located
along Huntington Drive and Thames Drive.
Hensch asked if Taft Avenue from Highway 6 to Rochester Avenue was a City road. Yapp
stated that most of that is half City half County but the City does have a maintenance agreement
with the County regarding who does dust control and snow removal.
Hensch shared the concern again regarding the appropriate amount for the developer to have to
improve. Yapp stated that when this property was rezoned in 2009 the amount (the 12.5%) was
stated in the Conditional Zoning Agreement at that time. Freerks noted these dwellings will be
fronting onto Huntington Drive not Taft Avneue.
Dyer asked if there are plans to extend the City limits to the other side of Taft Avenue at some
point. Yapp replied that the City's growth area does not extend much further east. The growth
area is defined as areas where the City can provide gravity sewer so unless a significant sewer
pump station were funded and constructed they could not provide sewer no more than a quarter
mile east of Taft Avenue.
Freerks opened the public hearing.
John Moreland (960 Arlington Drive) is the developer. He noted that 25 years ago they started
on American Legion Road with 300 acres and have developed all the way up to Lower West
Branch Road. They have been very successful in mixing multi -family with single-family and feel
it is important to have a different price point for everyone involved. One of the reasons that
prompted this rezoning was the ability to build duplexes only on corner lots. Since there is the
cross street that goes through this area it allows for a nice place to put some ranch -style
duplexes which are very popular for retirees. They held a Good Neighbor Meeting and scaled
reduced the amount of townhouses they were originally proposing due to the feedback.
Freerks closed the public hearing.
Martin moved to approve SUB17-00008, a 22 -lot, 7.9 acre preliminary plat located along
Huntington Drive and Thames Drive and also REZ17-00011, a rezoning of 1.59 acres from
Medium Density Single Family (RS -8) zone to RM -12 Low Density Multi -family, for
property located on Huntington Drive, south of Thames be approved subject to a
conditional zoning agreement as stated in the Staff Report.
Parsons seconded the motion.
Hensch stated he likes seeing the mix of housing types in this area and supports that. Freerks
agrees.
A vote was taken and the motion carried 7-0.
Prepared by, Bob Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5240 (SUB17-00013)
Resolution No. 17-274
Resolution approving the preliminary plat of Brookwood Pointe Fifth
Addition, Iowa City, Iowa.
Whereas, the owner, Steve Kohli Construction, L.C., filed with the City Clerk, an application for
approval of the preliminary plat of Brookwood Pointe Fifth Addition, Iowa City, Iowa; and
Whereas, the Department of Neighborhood and Development Services and the Public Works
Department examined the preliminary plat and recommended approval; and
Whereas, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
Whereas, the preliminary plat conforms with all of the requirements of the City Ordinances of the
City of Iowa City, Iowa.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The preliminary plat of Brookwood Pointe Fifth Addition, Iowa City, Iowa, is hereby
approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this 15 day of August 2017.
MayI6r
Approved By
Attunes ,v�O1faD�
City Clerk City Attorney's Office
It was moved by Mims and seconded by Botchway the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Botchway
X
Cole
X Dickens
X
Mims
X
Taylor
X
Thomas
X
Throgmorton
s\pod\preliminary plat - resolution.doc
5f
To: Planning and Zoning Commission
Item: SUB17-00013
Brookwood Pointe Fifth Addition
GENERAL INFORMATION:
Applicant:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
File Date:
45 -Day Limitation Period:
BACKGROUND INFORMATION:
STAFF REPORT
Prepared by: Bob Miklo
Date: August 3, 2017
Steve Kohli Construction, L.C.
P.O. Box 5868
Iowa City, IA 52241
319-351-5270
Preliminary plat
Approval of Brookwood Pointe Fifth Addition, an 18 -
lot residential subdivision
Terrapin Drive and Covered Wagon Drive
4.92 acres
Undeveloped, RS -5 and RS -8
North: residential. RS -5
South: residential, RS -8
East: residential, RS -5 and RS -8
West: undeveloped and Wetherby Park, OPD -5, P-1
July 13, 2017
August 27, 2017
The zoning and preliminary plat for Brookwood Pointe were initially approved in 2005. Since then
parts 1-4 have been final platted and are mostly developed with single family dwellings. There are
a few vacant lots remaining in part 4.
The preliminary plat for Brookwood Pointe Fifth Addition, has expired (preliminary plats expire
after 24 months unless the applicant seeks an extension from the City Council). The expiration
provision is in the subdivision regulations to help assure that subdivisions comply with any
significant changes to City policies or regulations. The applicant is currently seeking re -approval of
the preliminary plat and approval of the final plat of Brookwood Pointe Fifth Addition, an 18 -lot
4.92 -acre residential subdivision.
The applicant has chosen not to use the Good Neighbor Policy.
ANALYSIS:
The preliminary plat for Brookwood Pointe Fifth Addition is essentially the same as the preliminary
2
plat for the Second -Fifth Additions approved in 2010. There have been no significant changes to
the zoning or subdivision code since then that would affect the design of this subdivision. The plat
is in general conformance with current subdivision regulations. The City Engineer has identified
some technical corrections that will need to be made to the plat before approval.
Street Design: Vehicular access to the Brookwood Pointe subdivision is provided by Sycamore
Street to the east, and Russell Drive to the north and south. This phase of the development
includes the extension of Covered Wagon Drive to the west subdivision boundary were it will
connect to Cover Wagon Drive in Sandhill Estates when it is built in the future. Terrapin Drive will
be extended to the north, intersect with Covered Wagon Drive, and end in a cul-de-sac. Although
the subdivision code generally discourages cul-de-sacs in favor of an interconnected street
pattern, the cul-de-sac is necessary in this location due to the existing street pattern and the
location of Wetherby Park, which prevent the further extension of Terrapin Dive. Staff finds that
this design meets the subdivision standards.
Sensitive Areas: The subject property contains Hydric Soils, which may require basement sump
pumps and street construction that allows proper drainage. The applicant has submitted a site
grading and erosion control plan. The City Engineer is reviewing the site grading and erosion
control plan. Existence of Hydric Soils does not necessitate Sensitive Areas Overlay and there are
no other sensitive environmental features identified on the property.
Storm water management: A part of the eastern portion of Brookwood Pointe utilizes the
Sycamore Regional Storm Water System. In lieu of providing storm water management within the
eastern part of the subdivision, the developer paid a fee for use of the regional storm water
management system. Storm water management facilities for the part 5 of the subdivision were
built on Outlot A during development of the First Addition and are sufficient to manage stormwater
for the proposed development.
Infrastructure fees: Water main extension fees of $435 per acre; sanitary sewer tap -on fees of
$1,796 per acre and Sycamore Street improvement fees of $2,507.08 per acre of development
need to be included in the legal papers.
Neighborhood parkland: At the time Brookwood Pointe was approved in 2005, the Parks and
Recreation Commission chose to collect fees in lieu of open space due to the subdivision's
proximity to Wetherby Park. Open space fees for the entire subdivision were collected at the time
of final plat approval for the First Addition and no further fees are due.
STAFF RECOMMENDATION:
Staff recommends approval of SUB17-00013, the preliminary plat of Brookwood Pointe Fifth
Additions, an 18 -lot, 4.92 -acre residential subdivision located on Terrapin Drive and Covered
Wagon Drive, subject to approval of the revised plat by the City Engineer.
ATTACHMENTS
1. Location Map
2. Preliminary plat
Approved by:
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
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Planning and Zoning Commission
August 3, 2017 — Formal Meeting
Page 12 of 15
Martin seconded the motion.
Hensch stated that he has long admired this building and appreciates learning more about its
history.
Parson noted that last year when the application came through to develop the land around this
building had two options, be designated historical or be demolished. He is glad to see the
historical designation come to fruition.
Signs and Freerks both comment on the cooperative process to make this development and
historical designation happen.
Dyer voiced her disappointment at the scale of the building being constructed in the new
development. She added she was involved in a feminist reunion at this church a few weeks ago
and learned that the Unitarian Church was the only place women could gather to dance in the
70's.
A vote was taken and the motion passed 6-0.
DEVELOPMENT ITEM (SUB17-00013):
Discussion of an application submitted by Steve Kohli Construction, LC for a preliminary plat of
Brookwood Pointe Fifth Addition, a 4.92 -acre, 18 -lot residential subdivision located on Terrapin
Drive and Covered Wagon Drive.
Miklo stated this is the final addition of the Brookwood Pointe subdivision and was initially
approved in 2005. Since then parts 1-4 have been final platted and are mostly developed with
single family dwellings. There are a few vacant lots remaining in part 4. The preliminary plat for
Brookwood Pointe Fifth Addition, has expired (preliminary plats expire after 24 months unless
the applicant seeks an extension from the City Council). The expiration provision is in the
subdivision regulations to help assure that subdivisions comply with any significant changes to
City policies or regulations. In this particular case there have been no significant changes to the
zoning or subdivision regulations that would affect the design of this subdivision.
The subdivision would include the extension of Terrapin Drive and Covered Wagon Drive to
eventually connect to Sandhill Estates. The preliminary plat is the same as the original
submitted and approved in 2005, there may be a few lots that need special attention due to
Hydric Soils and drainage (and that may also apply to the streets) but there are no other
sensitive areas on the property. There is a stormwater basin in Part 1 that was designed to
handle stormwater for the entire subdivision. There are some infrastructure fees that will need
to be paid to the City before a building permit is issued, however the neighborhood open space
fees were paid with the initial subdivision fees.
Staff recommends approval of SUB17-00013, the preliminary plat of Brookwood Pointe Fifth
Additions, an 18 -lot, 4.92 -acre residential subdivision located on Terrapin Drive and Covered
Wagon Drive.
Freerks opened the public discussion.
Grant Finch (VJ Engineering) came forward on behalf of Steve Kohli Construction to answer any
questions the Commission might have.
Planning and Zoning Commission
August 3, 2017 — Formal Meeting
Page 13 of 15
Freerks asked how quickly he thought the construction would move along. Finch replied as
soon as possible.
Kim Broadhurst (1437 Wetherby Drive) stated that the RS -5 portion of section 5 is directly in her
backyard and commented on how parts 1-4 have already impacted their neighborhood. With
the development of Terrapin Drive on up there has been a dramatic increase in traffic.
Additionally with the addition of Russell Drive going all the way down to Langenberg it is a
complete throughway - it is a lot of traffic. At the intersection of Wetherby Drive and Russell
Drive, there are yield signs on Russell Drive (north/south road) and Wetherby Drive (east/west)
has the right-of-way but a lot of people really don't pay attention to the yield signs. Somebody
will get t -boned there someday and it would probably benefit being converted to a stop sign.
She also wanted to say she is not opposed to this development and would actually like to see it
developed sooner rather than later because now her view is four feet high weeds in her
backyard.
Miklo commented that Staff received an email earlier in the week also with concern about the
intersection and the yield signs. That email was passed along to the transportation planners.
Freerks closed the public discussion.
Dyer moved to approve SUB17-00013, the preliminary plat of Brookwood Pointe Fifth
Additions, an 16 -lot, 4.92 -acre residential subdivision located on Terrapin Drive and
Covered Wagon Drive.
Parsons seconded the motion.
Hensch noted his disappointment with the cul-de-sac design.
Martin commented that it was good the traffic issues and stop sign was brought up.
A vote was taken and the motion passed 6-0.
CONSIDERATION OF MEETING MINUTES: JULY 20, 2017
Parsons moved to approve the meeting minutes of July 20, 2017 with edits.
Hensch seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
None.
ADJOURNMENT:
Signs moved to adjourn.
An application submitted by Steve Kohli
Construction, LC., for the preliminary and final
plats of Brookwood Pointe Fifth Addition, a 4.92 acre, I'
18 -lot residential subdivision, located west of Terrapin
Drive and east of Covered Wagon Drive
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Prepared by: John Yapp, Dev. Srvs., 410 E. Washington St, Iowa City, IA; 319-356-5252 (CPA16-00005)
Resolution No. 17-275
A resolution amending the North District Plan for approximately 70
acres west of Dubuque Street, south of Interstate 80, and north and
east of Mission Point Road and Mackinaw Drive, to modify the land
use map, accept a sensitive areas survey, and add certain housing,
transportation and design goals
Whereas, the North District Plan, an element of the Iowa City Comprehensive Plan serves as
a land -use planning guide by illustrating and describing the location of appropriate land uses
throughout in the North District, and provides notification to the public regarding intended uses of
land; and
Whereas, if circumstances change and/or additional information or factors come to light, a
change to the Comprehensive Plan may be in the public interest; and
Whereas, the North District Plan currently includes a goal to maintain and enhance existing
housing while providing opportunities for new housing development that complements existing
neighborhoods, protects environmentally sensitive areas, and is affordable to people of all
incomes and ages; and
Whereas, the North District Plan states that if the Forest View Mobile Home Park
redevelops in the future, consideration should be given to securing relocation assistance for the
current residents of the park; and
Whereas, since 2001 when the North District Plan was adopted, over 500 new homes have
been constructed in the area, the Thornberry Dog Park has been established, commercial and
office uses have been established in the Peninsula Neighborhood, and several infrastructure
improvements have been made including the Dubuque Street / Interstate 80 interchange and
the on-going Dubuque Street elevation project; and
Whereas, the proposed land use map includes commercial land uses south west of the
Dubuque Street / Interstate 80 interchange, and existing transportation node, and mixed
residential and multi -family uses northeast of the Mackinaw Village neighborhood; and
Whereas, the applicant submitted a Sensitive Areas Inventory of its 70 acres which in general
shows anticipated areas of disturbance and preservation; and
Whereas, a new east -west road is reflected on the proposed land use map, and said road will
provide a secondary access to and from the larger Peninsula neighborhood; and
Whereas, because the new land use map contemplates redevelopment of the Forest View
Mobile Home Park, will include a mix of uses, and will impact this busy, scenic entryway to the
City, this amendment adds goals and objectives related to affordable housing, opportunity for
commercial development, diverse housing and secondary access; and
Whereas, the Planning and Zoning Commission has reviewed this amendment and
determined that circumstances have changed to the extent that an amendment to the
comprehensive plan is warranted.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
A. The attached land use map dated April 12, 2017 is hereby adopted and incorporated
into the North District Plan as the land use map guiding development of the area
shown.
B. The attached Sensitive Areas Inventory dated April 5, 2017 is hereby added to the
Resolution No. 17-279
Page 2
Plan as an appendix.
C. The following goals are adopted and incorporated into the North District Plan:
a. Housing Goal: Upon redevelopment of Forest View Mobile Home Park, the
developer/owner should provide relocation assistance to the residents that includes
replacement housing, preferably in the immediate area, advisory services and
moving expenses. Said relocation assistance must be offered and made available
prior to any demolition of existing homes as part of any first phase of development.
A relocation plan must be made available to residents.
b. Housing Goal: Any development of multi -family residential adjacent to the
Mackinaw Village neighborhood must incorporate design standards, setbacks,
woodland buffers, low-level lighting, and other methods to maintain the livability of
the Mackinaw Village neighborhood.
c. Commercial and Institutional Uses Goal: To preserve the scenic character of this
primary entrance to the City, any redevelopment of property along Dubuque St
must adhere to strict design guidelines imposed through a Conditional Zoning
Agreement (CZA). Such design guidelines will address building fagade and
materials, sign placement, setbacks from the street, screening and tree
preservation.
d. Commercial and Institutional uses goal: A buffer of existing trees and vegetation
should be preserved between the Dubuque Street right of way and any
development. Woodlands in between Knollwood Lane homes and commercial
development should be preserved to provide a distance and visual buffer. For
properties fronting on Dubuque Street, the percentage of preserved woodlands
should exceed minimum code requirements.
e. Transportation Goal: Upon redevelopment of property west of Dubuque St and
south of Interstate 80, access to Dubuque Street for south -bound traffic north of
Foster Road may be allowed provided that the access point/ intersection is
designed to accommodate anticipated traffic volumes from the developing area
west of Dubuque St, south of Interstate 80.
Passed and approved this 15th day of August 2017.
/ Approved by:
Attes C/<H /�ccc, ✓z z r-/ f F fu��
<ellie Fruehling, J y Clerk City Attorney's Office y%,� i7
Resolution No. 17-275
Page _ 3
It was moved by Mims and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
x
x
x
x
x
x
ABSENT: ABSTAIN:
x
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
- LL
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Proposed Amendment to the Iowa City Comprehensive Plan
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(8.13 Dwelling Unils/Acre)
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- HighwayMeighborhood Commercial
Low -Medium Mixed Residential
Low -Medium Mixed Residential (8-13 Dwelling Units/Acre)
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April 12, 2017
Legend
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Pipeline Easement
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Exhibit A: Forest View Sensitive Areas Inventory
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Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 3565144
Resolution No. 17-276
Resolution approving plans, specifications, form of agreement,
and estimate of cost for the construction of the 2017 Sewer
Rehabilitation Project, establishing amount of bid security to
accompany each bid, directing City Clerk to post notice to
bidders, and fixing time and place for receipt of bids.
Whereas, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held;
and
Whereas, the City Engineer or designee intends to post notice of the project on the website
owned and maintained by the City of Iowa City; and
Whereas, funds for this project are available in the Annual Sewer Repair account # V3101.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3,
not less than 13 days and not more than 45 days before the date of the bid letting, which
may be satisfied by timely posting notice on the Construction Update Network, operated
by the Master Builder of Iowa, and the Iowa League of Cities website.
4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 12th day of
September, 2017. At that time, the bids will be opened by the City Engineer or his
designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for
action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall,
City Hall, Iowa City, Iowa, at 7:00 p.m. on the 19th day of September, 2017, or at a special
meeting called for that purpose.
Passed and approved this 15th day of August
e
Maydf IV
2017
Approved by
Attes �Cy� t
City Clerk City Attorney's Office C1,9117
Resolution No. 17-276
Page 2
It was moved by Botchway and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays: Absent:
%
Botchway
x
Cole
x Dickens
x
Mims
%
Taylor
%
Thomas
%
Throgmorton
Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030
RESOLUTION NO. 17-277
Resolution establishing an application fee for small wireless facility
permits.
Whereas, on August 15, 2017 in Ordinance No. 17- 4720 , the City Council passed an
ordinance establishing a permitting process for small wireless facilities that provides fees should
be set by resolution.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
The application fee for a small wireless facility permit is $50.00 plus an additional $50.00
for each small wireless facility addressed in the application.
Passed and approved this 15th day of August '2017.
Atte GC jerk
City Clerk
Mayr '
Approved
City Attorney's Office
H
Resolution No.
Page 2
17-277
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS
ABSENT: ABSTAIN:
x
Thomas
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
the
CITY O F 1 O WA C08-15-17
COUNCIL ACTION REP 10
August 15, 2017
Resolution establishing an application fee for small wireless facility permits.
Prepared By: Susan Dulek, Ass't. City Attorney
Reviewed By: Ron Knoche, Public Works Director
Eleanor Dilkes, City Attorney
Fiscal Impact: $0
Recommendations: Staff: Approval
Commission: N/A
Attachments: resolution
Executive Summary:
If the ordinance establishing a permit process for small wireless facilities is adopted (see
previous agenda item), this resolution provides for an application fee and an annual fee. SF 431
limits the amount that the City can charge for both fees.
Background / Analysis:
The ordinance provides that fees shall be set by resolution. SF 431 allows cities to charge an
application fee for the permit and an annual fee, but the state law caps both fees. The
application fee is limited to the application fee the City charges for access to the right of way to
non -wireless providers. The only fee the City currently charges is a $50 application fee for an
excavation permit fee. SF 431 also allows cities to charge an additional $50 for each antennae
listed on the application. The application fee for small wireless facilities is therefore $50 plus an
additional $50 for every facility listed in the application. The annual fee is referred to as a
"recurring rate" in SF 431, and it is a right of way management fee. Because the City does not
currently have a right of way management fee, the City cannot charge an annual fee for
placement of the antennae in the right of way. Upon the adoption of a right of way management
fee, this resolution will be amended accordingly.
Prepared by: Karen Jennings, Human Resources Administrator, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5025
RESOLUTION NO. 17-278
Resolution on unclassified salary compensation for fiscal year 2018 for
the City Manager and City Attorney and authorizing the Mayor and City
Clerk to execute an amendment to the contract of the City Attorney to
provide for the across the board salary adjustments provided to all city
employees
Whereas, the City of Iowa City, Iowa, employs the City Manager and City Attorney subject
solely to the action of the City Council referred to as unclassified personnel; and
Whereas, it is necessary to establish salary compensation for the said unclassified
personnel; and
Whereas, pursuant to the compensation plans approved by the City Council, administrative
employees receive the same across the board salary adjustment that has been negotiated
with the City's largest Union, AFSCME, and contracts of the Clerk and Manager currently
provide for such adjustment.
Now therefore be it resolved by the City Council of the City of Iowa City, Iowa, that the
following positions shall receive as salary compensation that amount which is set forth and
where said employee shall receive or collect any fees or other compensation from others for
services as such employee, the same shall be paid to the City Treasury.
Be it further resolved by the City Council of the City of Iowa City, Iowa, that the
following compensation is hereby established effective July 1, 2017:
Salary: City Manager - $184,329.60
City Attorney- $152,700.00
Be it further resolved by the City Council of the City of Iowa, Iowa that the amendment
to the City Attorney's Employment Agreement attached hereto is approved and the Mayor
and City Clerk are hereby authorized and directed to execute said amendment for and on
behalf of the City of Iowa City. Iowa
Passed and approved this 15th day of August , 2017.
Clerk
Amendment No. 5 to Employment Agreement
Eleanor M. Dilkes, City Attorney of the City of Iowa City, and the City Council of the City of Iowa
City do hereby amend the employment agreement between them dated October 12, 1999 as
follows:
1. Section 6 (Salary) of said Employment Agreement entitled "Salary" is amended to add the
following paragraph:
This agreement shall be automatically amended to reflect
any salary adjustments that are provided or required by the
Employer's compensation policies to include all salary
adjustments on the same basis as applied to executive
(department head) administrative employees of the
Employer.
City of Iowa City
By:
Mayor
Attes . -
City Clerk
Clerk v
Eleanor M. Dilkes
It was moved by Botchway and seconded by Thomas the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Botchway
X
Cole
—� Dickens
Mims
X
Taylor
X
Thomas
X
Throgmorton
r Sat
�_ ll
CITY OF 1 O WA C I "08-01 ffi5-17
COUNCIL ACTION REP 11
August 15, 2017
Resolution on unclassified compensation for fiscal year 2018 for the City
Manager and City Attorney and authorizing the Mayor and City Clerk to
execute an amendment to the contract of the City Attorney to provide for
the across the board salary adjustments provided to all city employees
Prepared By: Karen Jennings, Human Resources Administrator
Reviewed By: Ashley Monroe, Assistant City Manager
Fiscal Impact: $15,822.40
Recommendations: Staff: Approval
Commission: NA
Attachments: Amendment to the City Attorney's Employment Agreement
Executive Summary:
The City Council met in executive session on August 1 to evaluate the performance of the City
Manager and City Attorney and to establish their compensation for Fiscal Year 2018 per the
provisions of their respective employment agreements.
Background / Analysis:
Per Section 3B of City Manager Geoff Fruin's employment agreement, the City Manager's
salary is to be automatically amended to reflect any salary adjustments that are provided or
required by the City's compensation policies to include all salary adjustments on the same basis
as applied to executive (department head) administrative employees of the City. Resolution 15-
96, approved by City Council on April 7, 2015, established a 2.4% across-the-board increase for
administrative employees for fiscal year 2018. Historically, the Council has approved across-
the-board increases for non -bargaining staff which mirror those negotiated with AFSCME, the
City's largest union. In the 8/1/17 executive session, City Council verified that the City
Manager's salary should be adjusted by 2.4%, consistent with the across-the-board increases
provided to other administrative staff. The City Manager's fiscal year 2018 salary will be
$184,329.60.
The City Attorney, Eleanor Dilkes, was awarded a one-time salary increase to bring total
compensation (wages plus additional vacation and personal time granted per the terms of the
City Attorney employment agreement) to $158,808.00, an amount equivalent to the top of grade
34 of the City's Executive (department head) pay plan. In addition, the City Attorney's
employment agreement is to be amended to mirror the provisions of the City Manager and City
Clerk employment agreements which provides an automatic salary adjustment consistent with
the across-the-board increases provided to other executive (department head) administrative
employees. The City Attorney's fiscal year 2018 salary has been calculated as follows:
$158808.00 FY18 compensation
-$3054.00 (40 hours additional vacation)
-$3054.00 (40 hours additional personal leave)
$152,700 FY18 net wages
CITY OF IOWA CITY
COUNCIL ACTION REPORT
In future fiscal years, the salary adjustments consistent with across the board increases for
executive (department head) administrative staff established by the City Manager, City Attorney,
and City Clerk employment agreements will be processed by Human Resources staff and
forwarded to the Mayor for signature.