HomeMy WebLinkAbout2017-12-05 ResolutionLH
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 35E5030 c►)
RESOLUTION NO. 17-352
Resolution authorizing the Mayor to sign and the City Clerk to attest
the First Amendment to Agreement for Private Development between
the City of Iowa City and Augusta Place LLC.
Whereas, on May 2, 2017 pursuant to Resolution No. 17-157 the City entered into a Development
Agreement with Augusta Place, LLC (hereinafter "Developer") for the development of the property
generally located on the half block bounded by Gilbert Street on the West, Iowa Avenue on the
North, Van Buren Street on the East and the alley on the South legally described on Exhibit C to
the Agreement ("Development Property"), said development to include the reuse of the historic
Unitarian Church for a commercial enterprise, residential development to include housing for
low and moderate income families and replacement parking sufficient for the City's public safety
vehicles ("Project"); and
Whereas, as part of the Project the Developer is responsible for relocating all utilities and
infrastructure impacted by the Project; and
Whereas, construction on the Project has begun and it has been determined that it is prudent to
relocate the storm sewer along Van Buren Street to the South of the project site so that it is
contained entirely within the right of way and to upsize the existing four and six inch water mains
to eight inches; and,
Whereas, the Council has determined that with the requested amendment the Project pursuant
to the Agreement will continue to align with the goals of the City's Comprehensive Plan, including
the Downtown and Riverfront Crossings sub district plan which includes the Development
Property and continue to be in the best interests of the City and the residents thereof, and that
the performance by the City of its obligations thereunder is a public undertaking and purpose and
in furtherance of the Urban renewal Plan and the Urban Renewal Law and, further, that the
Agreement and the City's performance thereunder is in furtherance of appropriate economic
development activities and objectives of the City within the meaning of Chapters 15A and 403 of
the Iowa Code, taking into account the factors set forth therein.
Now, therefore, be it resolved, by the City Council of the City of Iowa City, in the State of Iowa:
1. The attached First Amendment to the Agreement for Private Development with Augusta
Place, LLC, is in the public interest of the residents of Iowa City.
2. That said First Amendment is consistent with and authorized by the Comprehensive Plan,
Urban Renewal Plan, all applicable state and federal laws including, but not limited to, Iowa Code
Chapters 15A and 403 and the City's policies and practices; and
3. That the Mayor is authorized and directed to execute said First Amendment and the City
Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk.
Passed and approved this 5th day of December 2017
M OR
A p ve y .
��_ 3O _/ ATTEST
7 CITY CLERK
City Attorney's Office
Resolution No.
Page 2
17-352
It was moved by Mims and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT
THIS FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT
(this "First Amendment") is made as of December 5 2017, by and between THE CITY OF
IOWA CITY, IOWA ("City"), and AUGUSTA PLACE LLC ("Developer").
RECITALS
WHEREAS, City and Developer are parties to that certain Agreement For Private
Development dated effective as of May 2, 2017 (the "Agreement") in connection with the sale to
and development of the property generally located on the north half of the block bounded by
Gilbert Street on the West, Iowa Avenue on the North, Van Buren Street on the East and the alley
on the South legally described on Exhibit C to the Agreement; and
WHEREAS, the, parties desire and agree to amend the Agreement as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Minimum Improvements. The following is added to paragraph 7 ("Utility
connections") of Exhibit D (Minimum Improvements):
The Developer shall also be responsible for all work and materials necessary
to install storm sewer and water main infrastructure along Van Buren Street,
from the alley north of Lot 8, Block 44, Original Town of Iowa City, Iowa,
to the south side of the Washington Street Right of Way. All reconstructed
sidewalk shall be installed in accordance with the Americans with
Disabilities Act. All work shall be constructed according to City's
Municipal Design Standards and approved by the Director of Public Works.
All disturbed areas shall be restored to the satisfaction of the Director of
Public Works. The City shall pay for the cost of the work in an amount not
to exceed $285,000. Payments will be made on the basis of monthly
invoices of labor performed and material delivered upon approval by the
City. The City shall retain from each monthly payment 5% of that amount
which is determined to be due. Final payment will be made upon final
acceptance of said work by City.
2. Miscellaneous.
(a) Except as hereinabove modified and amended, the Agreement shall remain
in full force and effect in accordance with its terms and is hereby ratified and confirmed.
(b) This First Amendment supersedes any prior representations, offers,
negotiations or understandings between the parties with respect to the subject matter hereof.
IN WITNESS WHEREOF, the undersigned have executed this First Amendment.
aoved b +•
17- -7
7
City Attorney
STATE OF IOWA
COUNTY OF JOHNSON
CITY OF IOWA CITY, IOWA, a municipality
By: 4 `
ames A. Throgmorton, Mayor
ATTEST:
By:
ehli
ellie K. Freli
ng ity Clerk
On this,5t day of December, 2017, before me a Notary Public in and for said County,
personally appeared James A. Throgmorton and Kellie K. Freehling, to me personally known,
who being duly swom, 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 Uy authority and resolutions 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.
Notary Public in and V the State of Iowa
�Pal� s f;W! 37 NE OLNEY
Cc-•�� r s.. Nur„ue; 806232
JEW ,y1y Commission Expires
Y
AUGUSTA PLACE, LLC
By: -X—�
Name: J se Alden, Manager
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
This instrument was acknowledged before me on thi day of December, 2017 by Jesse
Allen as Manager of AUGUSTA PLACE LLC.
Notary Public in and for the State of Iowa
KATHLEEN M THORNTON
p 9
^% Commission Number 764003
�.' My Go7mWion Expires
1 r CITY OF IOWA CIT
COUNCIL ACTION REPO 4tl�ot �;
December 5, 2017
Resolution authorizing the Mayor to sign and the City Clerk to attest
the First Amendment to Agreement for Private Development between
the City of Iowa City and Augusta Place LLC.
Prepared By: Eleanor M. Dilkes, City Attorney
Reviewed By: Geoff Fruin, City Manager
Ron Knoche, Public Works Director
Ben Clark, Senior Civil Engineer
Fiscal Impact: The estimated cost for this project is expected to be an amount not to
exceed $275,000 and will be funded through the stormwater fund
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution and Amendment to Agreement
Executive Summary:
The first phase of construction of the Augusta Place project to the North of City Hall involves
significant utility relocations. Staff has determined that as part of the relocation of the storm
sewer from the project site it is prudent to relocate the storm sewer along Van Buren Street to
the South of the project site so that it is contained entirely within the right of way and to upsize
the impacted existing four and six inch water mains to eight inches. This resolution will
approve an Amendment to the Development Agreement to include this work and provide for a
contribution from the City to the cost of the work in an amount not to exceed $275,000.
Background / Analysis:
A brief review of historical records indicates that Park Brook ran diagonally through what is
now Block 44, Original Town of Iowa City; the block where the Civic Center is currently
located. At some point, a block arch sewer was constructed over the brook and it was
(re)named the "Beer Creek" sewer. Subsequent projects have replaced the block arch
segments with modern sewer materials, however, the alignment across Block 44 has
generally remained the same.
For the Augusta Place project to proceed, the Beer Creek storm sewer needed to be re-
routed around the project site; east along Iowa Avenue; south along Van Buren Street; and
southwest across the Civic Center's east parking lot. The east parking lot would still be
encumbered by a large diameter storm sewer.
Staff has determined that extending the storm sewer south along the Van Buren Street right-
of-way to the south side of Washington Street as part of this development is in the best
interest of the City. Although it is above what is required for the Augusta Place development,
X CITY OF IOWA CITY
-r lt
COUNCIL ACTION REPORT
it has the following advantages: receiving a credit for the segment of storm sewer that would
have run across the east parking lot; allowing the water main to be upsized to help meet the
increased water demands; and reconfiguring the sidewalk to comply the Americans with
Disabilities Act.
Late Handouts Distributed
FIRST AMENDMENT TO AGREEMENT FOR PRIVATE RE VELOPMENT 1-4]5-11-1
THIS FIRST AMENDMENT TO AGREEMENT FOR PRIV E I�/ELOPMENT
(this "First endment") is made as of December _ 2017, by between THE CITY OF
IOWA CITY, WA ("City"), and AUGUSTA PLACE LLC (" eveloper").
RECITALS
WHEREAS, Ci and Developer are parties to at certain Agreement For Private
Development dated effec e as of May.2, 2017 (the "A eement") in connection with the sale to
and development of the pr y generally locatYgree
he north half of the block bounded by
Gilbert Street on the West, Io Avenue on the Noan Buren Street on the East and the alley
on the South legally described o xhibit C to theent; and
WHEREAS, the parties desir'and agreeXo amend the Agreement as set forth herein
NOW, THEREFORE, in consid n of the premises and the mutual covenants and
agreements contained herein, and o go d and valuable consideration, the receipt and
sufficiency of which is hereby acknow dged, parties hereto agree as follows:
1. Minimum Inwrovernints. Theowing is added to paragraph 7 ("Utility
connections") /DisabilitiAct.
hibit D (Mini Improvement :
eveloper s 1 also be responsible all work and materials necessary
tall storm ewer and water main' cture along Van Buren Street,
the alley orth of Lot 8, Block 44, Ori ' at Town of Iowa City, Iowa,
e south ide of the Washington Street Ri t of Way. All reconstructed
alk all be installed in accordance with the Americans with
iliti Act. All work shall be cons ted according to City's
icip Design Standards and approved by the hector of Public Works.
is bed areas shall be restored to the satisfa 'on of the Director of
c orks. The City shall pay for the cost of the ork in an amount not
$285,000. Payments will be made on a basis of monthly
ces of labor performed and material delivered u n approval by the
The City shall retain from each monthly payment °oofthatamount
h is determined tobedue. Final payment will be adeuponfinal
tance of said work by City.
2. / Miscellaneous.
(a) Except as hereinabove modified and amended, the Agree* t shall remain
in full force and effect in accordance with its terms and is hereby ratified and confi ed.
(b) This First Amendment supersedes any prior representatio , offers,
negotiations or understandings between the parties with respect to the subject matter heileof.
IN WITNESS WHEREOF, the undersigned have executed this First Amendment.
CITY OF IOWA CITY, I A, a municipality
By:
James A. ogmorton, Mayor
ATTEST:
City Attorney
Kellie K. Fruehling, City Clerk
STATE OF IOWA
COUNTY OF JOHNSON
On this _ day of Dec er, 2017, b ore me a Notary Public in and for said County,
personally appeared JaIis
"Orton and ellie K. Fruehling, to me personally known,
who being duly swornat they, are the M or and City Clerk, respectively of the City of
Iowa City, Iowa, a Muporation, created existing under the laws of the State of
Iowa, and that the sealthe foregoing ins nt is the seal of said Municipal
Corporation, and that snent was signed and se ed on behalf of said Municipal
Corporation by authorilutions of its City Coun '1 and said Mayor and City Clerk
acknowledged said insbe the free act and deed o aid Municipal Corporation by it
voluntarily executed.
Notary Public in and ipr the State of Iowa
AUGUSTA
0
STATE OF IOWA )
) SS:
COUNTY OF JOHNS N )
LLC
Alden, Manager
This instrument wascknowledged efore me on thi may of December, 2017 by Jesse
Allen as Manager of AUGU A PLAC LC.
Notary Public in and for the State of Iowa
KATHLEEN M THORNTON
^e Commission Number 764003
My mission Expires
2+cqc0
FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT
THIS FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT
(this "First Amendment") is made as of December _, 2017, by and between THE CITY OF
IOWA CITY, 1QWA ("City"), and AUGUSTA PLACE LLC ("Developer")]
RECITALS
WHEREAS, ty and Redeveloper are parties to that ce in Agreement For Private
Development dated effe tive as of May 2, 2017 (the "Agree= ' -n connection with the sale to
and development of the roperiy generally located on the ri half of the block bounded by
Gilbert Street on the West, owa Avenue on the North, Van uren Street on the East and the alley
on the South legally describon Exhibit C to the Agree entand
WHEREAS, the parties esire and agree to .end the Agreement asset forth herein.
NOW, THEREFORE, in
agreements contained herein, a
sufficiency of which is hereby ad
1. M
connections") of
REEMENT
Cof�the. pr iem ses and the mutual covenants and
good and�aluabfe consideratiou�.tbe receipt and
d fthe parties,46reto agree as follows:
to paragraph 7 ("Utility
The Develop sh`al`l also be re`spon\eR
or all`woxk and materials necessary
to install sto sewer and water mastructure along Van Buren Street,
from they ey.nortl{ of-L-ot 8, BloOriginal Town of Iowa City, Iowa,
theso thide of the Washingtoet Right of Way. All reconstructed
!sid'ew tishal�be` installed�in"nce with the Americans with
Disa lilie"Act.\All work shac nstructed according to City's
Mu 'cipal Design Standards and ad the Director of Public Works.
A disturbedareas shall ' restothe tisfaction of the Director of
ublie Works. Upon app Val andtance f said work and verification
oft cost of said work by City to sfactio City shall pay for the cost
of the work in an amount not to ex275,00
2. Miscellaneous..-
. �-:
t (a) Except as hereinabove modified and amended, a Agreement shall remain
in full force and effect in accordance with its terms and is hereby ratifi and confirmed.
(b) This First Amendment supersedes any prior re resentations, offers,
negotiations or understandings between the parties with respect to the subI 1! matter hereof.
IN WITNESS WHEREOF, the undersigned have executed this First Amendment.
CITY OF IOWA CITY, IOWA, a municipality
Approved by:
City Attorney
STATE OF IOWA )
COUNTY OF JOHNSON ) �`
On this _ day of December, `6
personally appeared James -A:.Throgmo c
who being duly swomf id.saylt at th
Iowa City, Iowa, a Municipal Cotpo on
Iowa, and that the seallaffixed to t 'foreg
Corporation, and that said��insent was
by authority amnd r olution
;ed"a11
dntisume be the
executed.
By:
James A/Throgrnorton, or
ATTEST:
By:
` ICellie�if. Fruchling, City Clerk
liefore me a Not Public in and for said County,
and Kellie K. Frueehling„ to me personally known,
the Mayor ,and City Clerk, respectively of the City of
seated and existing under the laws of the State of
instrument is the seal of said Municipal
Nand sealed on behalf of said Municipal
its ity,Council and said Mayor and City Clerk
Kaci d deed of said Municipal Corporation by it
Notary
in and for the State of Iowa
STATE OF IOWA
COUNTY OF
This instrument
Allen as Manager of Al
AUGUSTA PLACE, LLC
By:
Name: Jesse Allen, Manager
SS:
r
;knowledged before me on ,
A PLACE LLC.
of December, 2017 by Jesse
Ndtar' ublic inn and for the
Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB17-00016)
Resolution no. 17-353
Resolution approving the extraterritorial final plat of Lovik First
Subdivision, Johnson County, Iowa.
Whereas, the owner, Linda S. Lovik, filed with the City Clerk the final plat of Lovik First
Subdivision, Johnson County, Iowa; and
Whereas, said subdivision is located on the following -described real estate in Johnson County,
Iowa, to wit:
Being the Plat of Survey as is recorded in Book 5 on page 2 in the office of the Johnson
County Recorder and Parcel "B" of the Boundary Survey as is recorded in Book 29 on
page 67 in the office of the Johnson County Recorder all being located in the Northeast
1/4 of the Northwest fractional 1/4 of Section 7, Township 79 North, Range 5 West of
the 5th P.M., Johnson County, Iowa and is more particularly described as follows.
Commencing at the North 1/4 corner of Section 7, Township 79 North, Range 5 West;
thence N 87059'12" W along the North line of the Northwest fractional 1/4 of said
Section 7, a distance of 660.88 feet to the Northwest corner of Auditor's Parcel 2005094
as is recorded in Book 50 on page 104 in the office of the Johnson County Recorder;
thence S 01 °48'40" W along the West line of said Auditor's Parcel 2005094, a distance
of 161.35 feet to a point on the Southerly right of way line for Herbert Hoover Highway
SE being the Point of Beginning; thence S 01 °12'14" E along the East line of a Plat of
Survey as is recorded in Book 5 on page 2 in the office of the Johnson County
Recorder, a distance of 362.09 feet to a Northeast corner of Parcel "B" of the Boundary
Survey as is recorded in Book 29 on page 67 in the office of the Johnson County
Recorder; thence S 00°59'03" E along the East line of said Parcel "B", a distance of
776.67 feet to the Southeast comer of said Parcel "B'; thence N 88059'43" W along the
South line of said Parcel "B", a distance of 500.22 feet to the Southwest comer of said
Parcel "B"; thence
N 00040'35" W along the West line of said Parcel "B", a distance of 650.75 feet; thence
N 06°08'38" W along said West line, a distance of 165.52 feet to a point on the
Southerly right of way line for Herbert Hoover Highway SE; thence Northeasterly along
said Southerly right of way line 277.13 feet along the arc of a 754.76 foot radius curve,
concave Northwesterly, whose 275.57 foot chord bears N 63043'49" E; thence N
53°12'42" E along said Southerly right of way line, a distance of 321.51 feet to the Point
of Beginning containing 11.00 acres and being subject to all easements and restrictions
of record.
Whereas, this property is within the City's extraterritorial review area; and
Whereas, the Department of Neighborhood and Development Services and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
Whereas, a conditional dedication has been made to the public, and the subdivision has been
Resolution No. 17_353
Page 2
made with the free consent and in accordance with the desires of the owners and proprietors; and
Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2017) and all other state and local requirements.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the right-of-way upon annexation and easements as
provided by agreement and by law.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating to
said subdivision, and to certify a copy of this resolution, which shall be affixed to the final
plat after passage and approval by law. The City Clerk shall certify and send plat and
supporting documents to the office of Planning and Zoning of Johnson County, Iowa. All
recording expense is the responsibility of the owner/subdivider.
Passed and approved this 5th day of December '2017
M46r
Approved by
Attest: Pmt G e /7
City Clerk City Attorney's Office j, 3v 7�-7
It was moved by Mims,and seconded by Botchway the /
Resolution be adopted, and upon roll call there were:
AYES:
X
X
X
X
X
X
ppdadmintm/f nalplaaounty.doc
NAYS:
ABSENT:
Botchway
Cole
_ Dickens
Mims
X Taylor
Thomas
Throgmorton
To: Planning and Zoning Commission
Item: SUB17-00016
Lovik First Subdivision
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Bob Miklo
Date: October 26, 2017
Applicant: Linda S. Lovik
4665 Herbert Hoover Hwy SE
Iowa City, IA 52240
319-471-6549
lindaslovik@mediacombb.net
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Approval of extraterritorial final plat
To create two residential lots and an outlot for future
development
4665 Herbert Hoover Hwy SE
11 acres
Residential (County Residential R)
North: Residential (County R)
South: Residential (County R)
East: Residential (RS -5)
West: Residential (County R)
Iowa City/Johnson County Fringe Area Agreement
September 29, 2017
November 27, 2017
The applicant, Linda S. Lovik, is requesting approval of the final plat of a 3 -lot subdivision for 11
acres of property located at 4665 Herbert Hoover Highway SE in Fringe Area B. Because the
property is within Iowa City's two-mile Fringe Area, the Fringe Area Agreement specifies that City
approval is required when the property is subdivided.
This property is within the current growth area of the City. Its eastern border abuts the city
boundary. As set forth in Iowa City's adopted growth policy, the City will annex land within one
mile of Iowa City to the east, so this property has high annexation potential.
The County recently approved a rezoning of the property from County Commercial (C) to
Residential (R). The City recommended that the County approve the rezoning subject to a
Conditional Zoning Agreement (CZA) requiring City approval of any development of the property
and the owner consenting to annexation of all parts of this property upon the annexation of any
adjacent property. This subdivision will divide the property into 2 residential lots and one outlot for
future development.
ANALYSIS:
The final plat of Lovik First Subdivision is in general compliance with the preliminary plat, which
was approved on September 5. Legal papers and construction plans are currently being reviewed
by staff. It is anticipated that these documents will be approved prior to the November 6 Council
Meeting.
The CZA requires that the owner consent to annexation at the time an adjacent property is
voluntarily annexed into the city. To assure that future buyers are aware of this agreement it is
reiterated in the legal papers for the final plat.
Lot 1 is currently served by a private water well and a septic system. If Lot 2 develops prior to
annexation, it may also be served by such private systems. However, upon annexation and
further development, all lots, including Lot 1, will be required to hook into City water and sewer
services at the owners' expense. To assure that future buyers are aware of this requirement, it
is contained in the legal papers with the final plat.
The subdivision will initially need to comply with County stormwater management standards.
Upon annexation, however, any development will need to comply with City stormwater
management standards.
STAFF RECOMMENDATION:
Staff recommends that SUB17-00016, an application submitted by Linda Lovik for a final plat of
Lovik First Subdivision, a 3 -lot, 11 -acre residential subdivision located at 4665 Herbert Hoover
Highway SE be approved subject to approval of construction drawings and legal papers by the
City Engineer and City Attorney.
ATTACHMENTS:
1. Location Map
2. Final Plat
Approved by: —7 7
John Yapp, Developmerft Services Coordinator
Department of Neighborhood and Development Services
M
kn application submitted by Linda Lovik
- a preliminary plat of 11 acres of property
located at 4665 Herber Hoover Hwy SE.
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kn application submitted by Linda Lovik
- a preliminary plat of 11 acres of property
located at 4665 Herber Hoover Hwy SE.
CITY OF IOWA Cf
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APPROVED BY THE CITY OF ICVA CITY TIDAL PLAT
LOVIK FIRST SUBDIVISION
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Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230
Resolution No. 17-354
Resolution authorizing the Mayor to sign and the City Clerk to attest to
a sanitary sewer easement on the lot located at the southeast corner
of Bayard Street and Lusk Avenue.
Whereas, a sanitary sewer has been extended from the City's existing sanitary sewer on
Rowland Court to serve lots on Lusk Avenue;
Whereas, the sewer was installed by a private developer and will be dedicated to the City;
Whereas, the sewer runs northwesterly along Rowland Court, then west through the northwest
corner of the lot located on the southeast corner of Bayard Street and Lusk Avenue, and then
south along Lusk Avenue; and
Whereas, the City should approve an agreement whereby the owners of the lot located on the
southeast corner of Bayard Street and Lusk Avenue grant to the City an easement for the
purpose of maintaining the sanitary sewer.
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 to the attached Sanitary Sewer
Easement Agreement.
2. The City Clerk is directed to record said agreement at the owners'/grantors' expense.
Passed and approved this 5th day of December, 2017.
,-, �1
May
Attest eC
City Clerk
City Attorney's Office
24d(3�
Resolution No. 17-354
Page 2
It was moved by Mims and seconded by sotchwav the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
% Botchway
% Cole
X Dickens
x Mims
x Taylor
x Thomas
x Throgmorton
Prepared by: Brian Fagan, Simmons Perrine Moyer Bergman PLC, 115 Third Street SE, Suite
1200, Cedar Rapids, Iowa 52401
SANITARY SEWER EASEMENT AGREEMENT
This Agreement is made by and between Gary A. Klinefelter and Cynthia E. Parsons,
husband and wife, (hereinafter "Owners"), and the City of Iowa City, Iowa, a municipal corporation
(hereinafter "the City').
WHEREAS, Owners are the owners of property located immediately north of 110 Lusk Avenue,
Iowa City, Johnson County, Iowa, which property is legally described on Exhibit "A" and attached
hereto by reference (the "Real Estate"); and
WHEREAS, Owners wish to convey a sanitary sewer easement to the City of Iowa City, as
depicted in the Easement Plat, attached hereto as Exhibit "B" and incorporated herein by
reference (the "Easement Area").
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS
Owners, as the owners of the Real Estate, for the sum of One Dollar and other valuable
consideration, receipt of which is hereby acknowledged, hereby grant and convey to the City a
permanent sanitary sewer easement over and across the Easement Area for the purposes of
excavating, installing, replacing, maintaining and using such sanitary sewer lines, pipes, mains
and conduits, as the City shall from time to time elect, for conveying sewage, together with all
necessary appliances and fittings for use in connection with said lines and adequate protection
thereof, and also a right-of-way with right of ingress and egress thereto, over and across the
premises as designated in Exhibit "B".
Owners further grant to the City the following rights in connection with the easement:
1. The right to grade said Easement Area for the full width thereof, and the right to extend
the cuts and fills for such grading into and on said land along and outside of said Easement Area,
to such extent as the City may find reasonably necessary.
2. The right from time to time to trim, cut down and clear away all trees and brush on said
Easement Area and on either side of said Easement Area which now or hereafter in the opinion of
the City may be a hazard to the sanitary sewer lines, or may interfere with the exercise of the
City's rights hereunder in any manner.
3. The right to enter onto land beyond the Easement Area and conduct emergency repair
which may extend minimally beyond the Easement Area, without obtaining a separate temporary
easement. The City's right to do such work shall be effective only upon the City's prior notice to
Owners, and with minimal disruption of area.
4. City shall promptly backfill any trench made by it, and repair any damages caused by
the City within the Easement Area, including any damages by virtue of future excavation or use of
the Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement
Area. The City shall indemnify Owners against loss or damage which occurs as a result of the
City's negligent acts or omissions in the exercise of its easement rights herein. Once the
Easement Area has been completely restored as set forth above and except as expressly
provided in this Easement Agreement, the City shall have no responsibility for maintaining the
Easement Area.
5. The Owners reserve a right to use said Easement Area for purposes which will not
interfere with the City's full enjoyment of its rights hereby granted; provided that the Owners shall
not erect or construct any building, fence, retaining wall or other structures; plant any trees, drill or
operate any well; construct any obstructions on said Easement Area; or substantially add to the
ground cover of said Easement Area. Owners shall not permit any other utility to be put in
longitudinally in the Easement Area. Owners may plant trees and shrubs on the Easement Area
but in the event the City must disturb or remove said trees and shrubs pursuant to its easement
rights described above, the City shall have no obligation to replace said trees and shrubs, or
compensate Owners for the same. Owners may construct a fence over or upon the Easement
Area, but only after submittal to the City of a schematic design and prior written approval of the
City Engineer, which approval shall not be unreasonably withheld. In the event of such approval
and construction of a fence by Owners, the City shall have no obligation to repair or replace such
fence, or compensate Owners for the same, in the event that the City must disturb or remove the
fence pursuant to its easement rights described above.
6. The City further agrees that nothing in this Easement Agreement shall in any way pre-
clude Owners from causing, allowing or permitting utilities to cross the Easement Area, but only
upon the City's approval, which approval shall not be unreasonably withheld, and only if said
utilities cross the Easement Area in a perpendicular direction.
7. The Owners hereby covenant with the City that it is lawfully seized and possessed of
the real estate described above, and that it has good and lawful right to convey it or any part
thereof.
8. In the event Owners develop or re -develop their property, it is agreed by the City that
Owners may tap into the sanitary sewer line and/or main located in the Easement Area, so long
as the plans have been reviewed and/or approved by the appropriate City departments
governing such development or redevelopment.
9. This easement shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto. All covenants shall be deemed to apply to and run with the title to the
land.
SIGNED this . 5th. Day of December 2097
Approved by:
City Attorney's Office
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
On this2 day of q4 0 , 2017, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Cynthia E. Parsons, to me personally known and
acknowledged the execution of the foregoing instrument to bea voluntary act. /
lt�l�c v 4
Notary Publio4'n and for the State of Iowa
My Commission Expires: I I. 02 I - 1'7
STATE OF IOWA
jj!At MARIE LAIRmon Number 787]38)SS: November 20ssi
1, 2017
JOHNSON COUNTY )
On this 13 day of WDV• , 2017, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Gary A. Klinefelter, to me personally known, and
acknowledged the execution of the foregoing strument to be a voluntary act.
Notary Publi 'n and for the State of Iowa
My Commission Expires: I (- 2 I - 1-1
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
WOM
PAWN MARIE LAIR
Commission Number 787138MyCommission Wres
Norember 21, 2017
On this 6�' dayofd, 2017, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Jim Throgmorton and Kellie K. Fruehling
to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of said municipal corporation, executing the foregoing instrument; that the seal affixed
thereto is the seal of said municipal corporation; that said instrument was signed and sealed on
behalf of said municipal corporation by authority of City council of said municipal corporation; and
that the Jim Throgmorton and Kellie FruehlMlChowledged that execution of said instrument
to be the voluntary act and deed of said municipal corporation and by them voluntarily executed.
Notary Public in and for tt#State of Iowa
"�t<uc r CHRISTINE OLNEY
Commission Number BOW2
My Commission E)Orss
IOWA
EXHIBIT A
Lot 1 of Capitol View, a subdivision of all of Block 13 of Manville Addition to Iowa City, Iowa,
except the East 60 feet thereof, according to Plat Book 3, Page 389, Plat Records of Johnson
County, Iowa.
Subject to easements and restrictions of record.
EASEMENT PLAT
A PORTION OF LOT 1, CAPITOL VIEW, A SUBDIVISION OF MANVILLE ADDITION TO IOWA CITY,
IOWA EXCEPT THE EAST 60 FEET THEREOF, LOCATED IN SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH
PRINCIPAL MERIDIAN TIOWA CITY, JOHNSON COUNTY, IOWA
Im
and Street
POINTOFOF BEGINNING
NW CORNER LOT 1
-11 owl a 1-,
Itltll�
0 7.5 15 22.5 30
GRAPHIC SCALE IN FEET
1"=30'
curt
Y`I
(D
T
SANITARY SEWER
EASEMENT
987 SF
19
CT,
LOCATION:
A PORTION OF LOT 1, CAPITOL VIEW, TO IOWA
CITY, IOWA LOCATED IN THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE
FIFTH PRINCIPAL MERIDIAN
LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION:
GLEN D. MEISNER P.LS
MMS CONSULTANTS INC.
1917 SOUTH GILBERT STREET
IOWA CITY, IOWA, 52240
PHONE: 319-351-8282
SURVEY REQUESTED BY:
F. REED CARLSON
1202 PLEASANT AVENUE
DECORAH, IOWA 52101
PROPRIETOR OR OWNER:
GARY A. KLINEFELTER
1131 E. WASHINGTON ST
IOWA CITY, IA 52245
DATE OF SURVEY
MARCH 14, 2017
DOCUMENT RETURN INFORMATION:
LAND SURVEYOR
EXHIBIT
LEGEND
AND NOTES
•
— PROPERTY CORNER(S), FOUND (as noted)
a
— PROPERTY CORNERS SET
My license renewal date is December 31, 20—/-?
(5/8' Iron Pin wl� yellow, plastic LS Cap
embossed with MMS' )
— PROPERTY @/or BOUNDARY ONES
— — —
— RIGHT—OF—WAY ONES
— CENTER ONES
— LOT ONES, PLATTED OR BY DEED
�— EASEMENT UNES, VADTH & PURPOSE NOTED
— EXISTING EASEMENT UNES, PURPOSE NOTED
((R))
— RECORDED DIMENSIONS
(M)
— MEASURED DIMENSIONS
C22-1
— CURVE SEGMENT NUMBER
UNLESS NOTED OTNERMSE, ALL
DIMENSIONS ARE IN FELT AND HUNDREDTHS
�p
LEGAL DESCRIPTION - SANITARY SEWER EASEMENT
\ F, PORTION OF LOT 1, CAPITOL VIEW SUBDIVISION TO IOWA CITY IN THE SOUTHWEST QUARTER
\ OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE
FIFTH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
\� Beginning at the Northwest Comer of Lot 1, Capitol View Subdivision, Iowa City, Johnson
` \ County, Iowa, in accordance with the Recorded Plat recorded in Plat Book 3, at Page 389,
of the records of the Johnson County Recorder's Office; Thence 578'43'43"E, along the
North Line of said Lot 1, a distance of 77.97 feet; Thence S8213'3B"W, 77.56 feet to a
` point on the West Line of said Lot 1; Thence N00'51'04"E, along said West Line, 25.73 feet,
`1 to the Point of Beginning. Said Sanitary Sewer Easement contains 987 square feet, and is
subject to easements and restrictions of record.
IEW
to Iowa City, Iowa in accordance with the recorded
plat thereof, recorded in Plat Book 3, at page 389,
of the records of the Johnson County ecorder's Office
�'%, 0.4
px
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4
I hereby certify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal supervision and that I am a duly licensed Land Surveyor
under the laws of the State of Iowa.
GLEN
D.
GLEN D. MEISNER, LS. Iowa Lic. No. 8165
MEISNER
;m
'a
My license renewal date is December 31, 20—/-?
8165
SEAL
Pages or sheets covered by this seal:
-4
CIVIL ENGINEERS
LAND PLANNERS
LANDSURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319)351-8282
www.mmsconsultants.net
Date I Revislon
EASEMENT PLAT
SANITARY SEWER
A PORTION OF LOT 1, CAPITOL VIEW
TO IOWA CITY, IOWA LOCATED IN
THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE FIFTH PRINCIPAL
MERIDIAN
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
Date:
10/09/17
De5l9red by. I Field Book No,
VJSI 1165,1166
Drawn by: I Scale:
Project No,
IC g187-0041 of,
r ' CITY OF IOWA CIT
�a, COUNCIL ACTION REPOR 4d(3)
December 5, 2017
Resolution authorizing the Mayor to sign and the City Clerk to attest to a
sanitary sewer easement on the lot located at the southeast corner of
Bayard Street and Lusk Avenue .
Prepared By: Jason Havel — City Engineer
Reviewed By: Ron Knoche — Public Works Director
Geoff Fruin — City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: NIA
Attachments: Resolution and Sanitary Easement Agreement
Executive Summary:
This resolution approves an agreement whereby the owners of a residential lot grant to the City
an easement for the purpose of maintaining public sanitary sewer.
Background / Analysis:
A sanitary sewer will be extended along Lusk Avenue from the City's existing sanitary sewer
on Rowland Court. The new sewer will be installed by a private developer, but is intended to
be part of the public sanitary sewer system and serve residential lots on Lusk Avenue.
Therefore, the sewer will be dedicated to the City upon completion.
Due in part to the alignment and narrow right-of-way of Rowland Court, a portion of the sanitary
sewer will be installed on private property. In order to maintain the sanitary sewer in the future,
the City requires an easement over the sanitary sewer located on private property. This
resolution approves an agreement whereby the owners of the lot located on the southeast
corner of Bayard Street and Lusk Avenue grant to the City an easement for the purpose of
maintaining the sanitary sewer. The easement area is shown on Exhibit B to the easement
agreement.
-qd(4)
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-
5030
Resolution. No. 17-355
Resolution Accepting the Dedication of Right -of -Way for Bristol
Drive Adjacent to Dean Oakes Fifth Addition, Iowa City, Iowa.
Whereas, Evelyn and Dean Oakes wish to create a developable lot, and in doing so, need to
dedication right-of-way to the City so that the lot has frontage on a public street and ensure
street connectivity; and
Whereas, the right-of-way hereby accepted will allow for the extension of Bristol Drive,
should the land to the east ever be developed; and
Whereas, this land was included in the Dean Oakes Seventh Addition Preliminary Plat,
approved by City Council pursuant to Resolution 17-43 on February 7, 2017; and
Whereas, acceptance of said dedication to be in the public interest.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
Acceptance of that portion of right-of-way to be known as Bristol Drive, Iowa City,
Iowa, as legally described in the attached Right -of -Way Acquisition Plat, in a form of
conveyance approved by the City Attorney's Office, is hereby approved and
authorized.
2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City
Clerk to attest any and all documentation necessary to effectuate the acceptance of
said dedication and record the same at the owner's expense.
Passed and approved this 5th day of December 20 7,
Z,/1 ��
MAYOR
,l /Approvee�d by
ATTES 2P � `) - �K i Approved
.rdu?,ru.•,r7JVY7 k
CITY CLERK "City Attorney's Office !i/j 7 // i
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IOWA CITY, IOWA
LEGEND AND NOTES
W - PROPERTY CORNER(S). FOUND (as noted)
O - PROPORTY CORNERS SFT
(5/8- Inn Ph w( yOw, plastic is Cep
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DESCRIPTION - RIGHT OF WAY ACQUISITION
POINTOF
STREET R.O.W.
0.13 AC
A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST CUARTER OF
BEGINNING
(8575 SF)
SECTION 2, TOWNSHIP 79 NORTH, RANGE B WEST, OF THE FIFTH PRINCIPAL
f
MMIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOM
m
s
CMLENGINEERS
IJWDPLANNERS
L NDSURVEYORS
LANDSCAPE ARCHITECTS
ENNRONMENNTALSPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-8282
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\�T OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE
@Q �� NORTHWESTERLY 18044 FEET, ALGNG AN AND OF A 310.70 FOOT RADIUS CURVE,
CONCAVE SOUTIIYESIFRLY, WHOSE 185.08 FOOT CHORD BEARS N19'49'29'W:
THENCE 1418137'12'W, 21.07 FEET. TO THE POINT OF BEGINNING. SAN TRACT OF RIGHTOF WAY
EAND CONTAINS 0.13 ACRE (5.578 SQUARE FEET), AND IS SUBJECT TO ACQUISITION
EABLIENTS AND RESTRICTIONS OF RECORD.
APoTFERO TNEN°RTHEPST
DIJARTER OFTTENGRR HE&T
v wm r I hereby certify that Mie land .,.*9 dvawmor t waa propared and QUARTEFOFSECTIONZ
Ma It 0 eufwy' whk wav performed by me m untlor my Creat TOWNSHIP TO NORTH, RANGE
759.88'(M) 180.0'(R) 586'38'49'W h °+ pmeonal wpvNvlo and Nat I am a dulyy 11ma d ProfmThol Lord MSF.OFTHE FIFTHPRINCIPAL
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Resolution No.
Page 2
17-355
It was moved by Mims and seconded by Botchway 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 'Phomas
x Throgmorton
r 1 CITY OF IOWA CIT
'-:.:n'ANy12-115-17
��� COUNCIL ACTION REPO 4d(4)
►
-•...._
December 5, 2017
Resolution Accepting the Dedication of Right -of -Way for Bristol Drive
Adjacent to Dean Oakes Fifth Addition, Iowa City, Iowa.
Prepared By:
Sara Hektoen, Assistant City Attorney
Reviewed By:
Eleanor Dilkes, City Attorney
Fiscal Impact:
none
Recommendations:
Staff: Approval
Commission: N/A
Attachments:
Resolution
Executive Summary:
This dedication will allow for a connected Bristol Drive street system if and when the land to the
east is developed.
Background / Analysis:
Dean Oakes submitted Dean Oakes, 71 Addition Preliminary Plat to establish one lot and
dedicate right-of-way to the City. Rather than proceeding with the final plat, however, he desires
to dedicate the ROW to the City through a ROW Acquisition Plat.
4c4 (s)
Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044
Resolution No. 17-356
Resolution approving, authorizing and directing the Mayor to
execute and the City Clerk to attest Amendment No.1 to the
November 16, 2016 agreement by and between the City of Iowa
City and Anderson -Bogert Engineers and Surveyors, Inc., to
provide engineering consultant services for the Melrose Court
Sewer Repair Project
Whereas, the City of Iowa City entered into a contract for consulting services with Anderson -
Bogert Engineers and Surveyors, Inc., ("Consultant") of Cedar Rapids, Iowa, on November 16,
2016 to provide engineering services related to the Melrose Court Sewer Repair Project; and
Whereas, during the course of performing its services, Consultant identified defects in the storm
sewer system in this area and recommended that the system be replaced;
Whereas, the City desires to broaden the scope of services to be performed by the Consultant to
provide additional design development and plan revisions, as detailed below, in order to include
removing and replacing the pavement full width along Melrose Court from Melrose Avenue to
Brookland Park Drive to remedy these defects and reconstruct the right-of-way in accordance with
City design standards; and
Whereas, because the right-of-way is narrow in this location, additional right-of-way will need to be
acquired The Project will now include relocating the sidewalk to 3' behind the curb; and
Whereas, The Project will now include adding/relocating intakes, reconstructing storm sewer, and
rerouting downstream storm sewer; and
Whereas, The Project will now include modifying the street vertical alignment to relocate the low
point; and
Whereas, The Project will now include driveway reconstruction and retaining wall construction;
and
Whereas, The Project will now include reconstruction of four pedestrian ramps at the
intersections; and
Whereas, The Project will now include a full boundary determination, temporary construction
easement plats, and permanent easement plats to accommodate the relocation of sidewalk, and
storm sewer; and
Whereas, The Project will now include re-establishing survey monuments disturbed during
construction; and
Whereas, The Project will now include locating existing sanitary sewer services;
Whereas, it is in the public interest to amend the Consultant Agreement to add these additional
services; and
Resolution No. 17 --is(,
Page 2
Whereas, funds for this project are available in the Melrose Court Sanitary Sewer Replacement
account # V3146.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
Amendment No. 1 to the Consultant's Agreement attached hereto is in the public interest,
and is approved as to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
Passed and approved this 5th day of December 2017
l�
mayor
Approved by
Attest: PC�f
Ci Clerk -City Attorney's Office /, /V-A /I 7
It was moved by trims and seconded by sotchway the Resolution be
adopted, and upon roll call there were:
Ayes: Nays:
X
X
X
X
X
x
Absent
Botchway
Cole
Dickens
Mims
X Taylor
Thomas
Throgmorton
AMENDMENT NO. 1
TO CONSULTANT AGREEMENT
MELROSE COURT SEWER REPAIR PROJECT
THIS AMENDMENT No. 1 to the November 16, 2016 Consultant Agreement ("Agreement"),
made and entered into this 5th day of December, 2017 between the City of Iowa City, a
municipal corporation, hereinafter referred to as the City and ANDERSON-BOGERT Engineers
& Surveyors, Inc, of Cedar Rapids, Iowa, hereinafter referred to as the Consultant.
WHEREAS, the City desires to amend the Agreement to expand the scope of services
performed by Consultant regarding the Melrose Court Sewer Repair Project ("Project") to now
include removing and replacing the pavement full width along Melrose Court from Melrose
Avenue to Brookland Park Drive; and
WHEREAS, The Project will now include relocating the sidewalk approximately 3' behind the
curb; and
WHEREAS, The Project will now include adding/relocating intakes, reconstructing storm sewer,
and rerouting downstream storm sewer; and
WHEREAS, The Project will now include modifying the street vertical alignment to relocate the
low point; and
WHEREAS, The Project will now include driveway reconstruction and retaining wall
construction; and
WHEREAS, The Project will now include reconstruction of four pedestrian ramps at the
intersections; and
WHEREAS, The Project will now include a full boundary determination; temporary construction
easement plats, permanent easement plats to accommodate the relocation of storm sewer, and
R.O.W. acquisition plats to accommodate the relocation of sidewalk; and
WHEREAS, The Project will now include re-establishing survey monuments disturbed during
construction; and
WHEREAS, The Project will now include locating existing sanitary sewer services; and
WHEREAS, the City of Iowa City has negotiated Amendment No. 1 for said consulting services
with the Consultant, to provide said services; and
NOW THEREFORE, it is agreed by and between the parties hereto they do now hereby agree
to the following amendments to the Agreement.
Amendment #1 - Melrose Court Sewer Repair Project December 6, 2017
I. SCOPE OF SERVCES
Consultant shall include the following work in its engineering and surveying services, which shall
be incorporated into the preliminary and final design of the Project.
A. Removing and replacing the pavement full width along Melrose Court from Melrose
Avenue to Brookland Park Drive.
B. Relocating the sidewalk to approximately 3' behind the curb.
C. Adding/relocating intakes, reconstructing storm sewer, and rerouting downstream
storm sewer.
D. Modifying the street vertical alignment to relocate the low point.
E. Driveway reconstruction and retaining wall construction to accommodate relocated
sidewalk.
F. Reconstruction of four pedestrian ramps at the intersections.
G. A full boundary determination, temporary construction easement plats for driveway
grading and retaining wall construction, permanent easement plats to accommodate the
relocation of storm sewer, and R.O.W. acquisition plats to accommodate the relocation
of sidewalk.
H. Re-establishing survey monuments disturbed during construction.
I. Verifying existing sanitary sewer service locations using a lateral launch camera from
the sewer main.
II. TIME OF COMPLETION
Consultant shall perform the Scope of Services, as amended, in accordance with the following
schedule:
Item
#
Description of Work
Completion Date
1.
Topographic and Boundary Survey
12/22/2017
2.
Public Information Meeting
12/5/2016
3.
Base Mapping
4/26/2017
4.
60% Plan of Improvements
5/24/2017
5.
Easement and Property Acquisition
Plats
111912018
6.
1 90% Plan of Improvements
3/9/2018
7.
Bid Documents
3/30/2018
8.
Bidding Assistance
5/11/2018
Amendment #1 - Melrose Court Sewer Repair Project December 6, 2017
III. COMPENSATION FOR SERVICES
In consideration for the above-described additional services, Consultant shall be compensated
for the Amendment No. 1 Services on an hourly basis, according to the fee schedule set forth
Attachment 1 to the Consultant Agreement, for the following not -to -exceed fees. The total
compensation for services, as hereby amended, is now $101,050.
Task
Original
Services
Amendment
#1 Services
Total, as
amended
Project Administration
$2,000
$2,000
$4,000
Topographic Survey & Base
Mapping
$6,000
$3,000
$9,000
Sewer Service Locates
$0
$8,800
$8,800
Easement and Property Acquisition
Plats
$0
$23,000
$23,000
Preliminary Design
$10,500
$17,000
$27 500
Final Design (includes Bid
Documents)
$8,750
$17,500
$26,250
Bid Period Assistance
$2,500
$0
$2,500
TOTAL
$29,750
$71,300
$101,050
IV. ADDITIONAL SERVICES
If condemnation is required, Consultant shall prepare for, attend and assist the City as
necessary for each condemnation hearing. Consultant shall be compensated on an hourly
basis, at the rates shown on Attachment 1 to the Agreement. Three to five hours of
classification Engineer VI time is anticipated for each condemnation hearing.
V. All other provisions of the November 16, 2016 Consultant Agreement, as previously
amended, not specifically amended herein shall remain in full force and effect.
FOR THE CITY
By:
Title: Mayor
FOR T E CONS jL_TANT
By:A.
Title: President
Date: 12/05/17 Date: WIJI7
ATTE "-
Amendment #1 - Melrose Court Sewer Repair Project December 6, 2017
Approved by:
41
`6%^-
Cit Attorney's Office
I,')-/((/-7
Date
Amendment #1 - Melrose Court Sewer Repair Project December 6, 2017
1 r �
�ut�111rr �
CITY OF IOWA C 12 -os -17
COUNCIL ACTION REP1 4d(5)
December 5, 2017
Resolution approving, authorizing and directing the Mayor to execute and
the City Clerk to attest Amendment No.1 to the November 16, 2016
agreement by and between the City of Iowa City and Anderson -Bogert
Engineers and Surveyors, Inc., to provide engineering consultant services
for the Melrose Court Sewer Repair Project
Prepared By: Brett Zimmerman - Civil Engineer
Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director,
Geoff Fruin - City Manager
Fiscal Impact: $71,300, available in the Melrose Court Sanitary Sewer Replacement
account # V3146
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
The City desires to broaden the scope of services to be performed by the Consultant to provide
additional design development and plan revisions to include relocating the sidewalk due to
existing electric utility pole conflicts, reconstructing and upsizing storm sewer due to existing
constraints and other related additional work.
An Hourly not -to -exceed fee of $71,300 has been negotiated with Anderson -Bogert Engineers
and Surveyors, Inc., of Cedar Rapids, Iowa, for the additional services to be performed.
Background / Analysis:
The City of Iowa City entered into a contract for engineering consulting services with Anderson -
Bogert Engineers and Surveyors, Inc., of Cedar Rapids, Iowa, on November 16, 2016, to
provide complete construction documents, including plans, specifications, and other related
documents, and to provide limited construction administration services for the Melrose Court
Sewer Repair Project. The original contract includes sanitary sewer replacement and related
pavement repair.
During the preliminary design phase, it was determined that nearby storm sewer was also in
need of repair and upsizing, as well as relocation from under an existing house. In addition,
the existing sidewalk does not meet current sidewalk accessibility standards due to existing
conflicts with electric utility poles currently located within the sidewalk. To address this issue,
in accordance with the City's Complete Streets Policy, the sidewalk is planned to be relocated
approximately three feet behind the back of curb. The storm sewer and sidewalk relocation
will require the acquisition of property interests, in part because of the narrow (25') right-of-
way along Melrose Court.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
In order to relocate the sidewalk behind the existing electric utility poles, additional right-of-way
and retaining walls will be required. These items will require additional design efforts not
included in the original contract scope.
As part of the storm sewer work, existing storm sewer will be relocated from under an existing
house, which will significantly improve the ability to maintain the pipe in the future. In addition,
street grades will be adjusted when all of the street pavement is replaced and a portion of the
storm sewer will be increased in size to allow for better drainage of the area. These
improvements should help to reduce the impacts of localized flooding during heavier rain
events, which was raised as a concern by some residents during the design process.
The total contract amount, including Amendment No. 1 will be $101,050. The total estimated
project cost has increased from $450,000 to approximately $910,000 with the additional scope.
4tENO. 7
TO CONSUL EMENT
MELROSE COURT SEW AIR PROJECT
THIS AMENDMENT, made and entered into this sixth day of December, 2017 between the City
of Iowa City, a municipal corporation, hereinafter referred to as the City and ANDERSON-
BOGERT Engineers & Surveyors, Inc. of Cedar Rapids, Iowa, hereinafter referred to as the
Consultant.
WHEREAS, The!elrose Court Sewer Repair Project, hereinafte referred to as the Project, will
now include remove and replacing the pavement ful/sidalk
g Melrose Court from Melrose
Avenue to Brookland ark Drive; and
WHEREAS, The Project ' I now include relocating thbehind the curb; and
WHEREAS, The Project will n include adding/relocs, reconstructing storm sewer,
and rerouting downstream storm ewer; and
WHEREAS, The Project will now intik
low point; and
WHEREAS, The Project will now
construction; and
WHEREAS, The Project will now it
intersections; and
WHEREAS, The Project will now inch.
easement plats, permanent easement
R.O.W. acquisition plats to accomm0
WHEREAS, The Project will no inc
construction; and
street vertical alignment to relocate the
reconstruction and retaining wap
of four pedestrian ramps at the
a full boun ry determination; temporary construction
is to accommbOate the relocation of storm sewer, and
the relocation o sidewalk; and
re-establishing survey monuments disturbed during
WHEREAS, The Proje/willow include locating existing sanitary sewer services; and
WHEREAS, the City oity has negotiated Amendment No. 1 for said consulting services
with the Consultant, to said services; and
NOW THEREFO , it is agreed by and between the parties hereto that the City does now
contract with the Consultant to provide services as set forth herein.
The City and the Consultant agree to amend the scope of services as indicated in the original
agreement, as follows:
Amendment #1 - Melrose Court Sewer Repair Project December 6, 2017
J
I. ITEMS ADDED TO PROJECT SCOP_
Consultant will expand the scope of ekineering and surveying services to include the following
additional items and will perform all work necessary to incorporate these additions into the
preliminary and final design.
A. Removing and replacing the pavement full width along Melrose Court from Melrose
Avenue to Brookland Park Drive.
B. Relocating the sidewalk to 3' behind the curb.
C. Adding/relocating intakes, reconstructing storryf sewer, and rerouting downstream
storm se r. /
D. Modifying\:wrall
ertical alignment to rel to the low point.
E. Drivewaytion and retaining all construction to accommodate relocated
sidewalk.
F. R94strur pedestrian ramp at the intersections.
O�full boination, to rary construction easement plats for driveway
ding and rll co truction permanent easement plats to accommodate the
jrelocation of sr, and .O.W acquisition plats to accommodate the relocation
of sidewalk.
H. Re-establishing survey monurr/6Qts disturbed during construction.
I. Verifying existing sanitary se er se ice locations using a lateral launch camera from
the sewer main.
II. TIME OF COMPLETION
The City and the Consultan agree to amend the s hedule as indicated in the original
agreement, as follows:
Item
Description of Work
Com letion Date
1
Amendment No. 1 Approval
12 /2017
2.
Boundary Survey
12/2 018
3.
Easement Plats
1/19/2b18
4.
90% Plan of Improvements
3/9/2018
5.
Bid Documents
3/30/2018
6.
Bidding Assistance
5/11/2018
Amendment #1 - Melrose Court Sewer Repair Project December 6, 2017
Ill. COMPENSATION FOR SERVICES
The City and the Consultant agree to amend the compensation paid to the Consultant for
providing the scope of services for an hourly not -to -exceed total fee of $101,050, established
based on the attached rate schedule (ATTACHMENT 1) and on the following breakdown:
Task
Ori at
Amend-
ment
#1
Total
Project' dministration
$ ,000
$2,000
$4,000
Topogr4hic Survey & Base Mapping
6,000
$3,000
$9,000
Sewer Se ice Locates
$0
$8,800
$8,800
Easement uisition Plats
$0
$23,000
$23,000
Preliminary D i n
$10,500
$17,000
$27,500
Final Design (in udes Bid
D nts)
$8,750
$17,500
$26,250
riod AssistaAe
$2,500
$0
$2,500
TOTAL
$29,750
$71,300
$101,050
IV. ADDITIONAL SERVICES
This scope does not include
anticipated. However, if c
condemnation hearing shall
classification Engineer VI tim
JImnation rvices, since the necessity of condemnation is not
conation is equjred, attendance and presentation at each
compensate I
on an hourly basis. Three to five hours of
anticipated for ch condemnation hearing.
Amendment #1 - Melrose Court Sewer Repair Project December 6, 2017
This Amendment is subject to all the terms and conditions of the original Professional Services
Agreement dated November 16, 2016. Upon execution of this amendment, this document shall
become part of the original Professional Services Agreement as if bound therein.
FOR THE CITY
By: \�2
Title: O
Date:
ATTEST
pw\form:
FOR THE CONSULTANT
By: William W. Bogert
Title: President
)ved by:
Womey's Office
Amendment #1 - Melrose Court Sewer Repair Project December 6, 2017
ATTACHMENT
ANDERSON BOGERT RATES FOR PROFESSIONAL SERVICES
Effective July 1, 2017
SurveyorI......................................................................$68.00
$55.00
Engineer I.............................................................
44"�R$84.00
EngineerII..............................................................
A00
EngineerIII..................................................................$
$132.00
EngineerIV..................................................................
$13 .
Engineer...................................................................$152.0
^�
Engineer VI..................................................................
$174.00
EngineerVII.................................................................
$205.00
Engineer VIII................................................................
$215.00
SurveyorI......................................................................$68.00
$55.00
Surveyor11.....................................................................
$88.00
Surveyor III..................................................................$120.00
$110.00
SurveyorIV..................................................................
$132.00
Survey Field Work (1 man, truck & equipment) ............
$162.00
Engineer Technician I ....................................................
$55.00
Engineer Technician II ...................................................
$82.00
Engineer Technician III ................................................
$110.00
Engineer Technician IV ................................................
$125.00
Construction Observation I .............................................
$75.00
Construction Observation II ..........................................
$110.00
Utilities Specialist II ......................................................
$110.00
Document Specialist I ....................................................$60.00
Document Specialist II ...................................................$72.00
Document Specialist III ..................................................$85.00
Document Specialist IV..................................................$92.00
Public Involvement Specialist I .......................................$78.00
Public Involvement Specialist II ....................................
$108.00
Item
ATV
Boat
Roll of Flagging
Flats
Hubs
Lath
Spike & Washer
Paint
Pins, Rods
T -posts
Galvanized Posts
Mileage
Per Each
$50.00/day
$150.00/day
$3.00
$0.60
$0.60
$0.75
$1.00
$5.00
$2.00
$4.00
$9.25
Current IRS mileage rate
Amendment pt - Melrose Court Sewer Repair Project December 6, 2017
0 30
'
---,�m__-
PROPOSED STORM
SEWER
----~°--_-
PROPOSED SANITARY
SEWER |NEXISTING
ALIGNMENT
-- -- --
EXISTING RIGHT 0F
WAY LINE
---___
PROPOSED RIGHT OF
WAY LINE
0 30
PROPOSED STORM
SEWER
PROPOSED SANITARY
SEWER IN EXISTING
ALIGNMENT
EXISTING RIGHT OF
WAY LINE
PROPOSED RIGHT OF
WAY LINE
fir
MELROSE CT
401 up)
Prepared by. Brett7u merman, Civil Engineer, PubSc Woks, 410 E. Washington St, Iowa City, IA 52240 3193565044
Resolution No. 17-357
Resolution authorizing the acquisition of property interests necessary
for construction of the Melrose Court Sewer Repair Project.
Whereas, the Melrose Court sanitary sewer line is reaching the end of its useful life and requires
regular repair; and
Whereas, the City of Iowa City desires to construct the Melrose Court Sewer Repair Project
("Project"), which includes replacing storm sewer, sanitary sewer and relocating the sidewalk
beyond the existing right-of-way consistent with the city design standards along Melrose Ct.
from Melrose Avenue to Brookland Park Drive; and
Whereas, the Project will ensure continued public utility service to this area and a safe, continuous
pedestrian corridor; and
Whereas, this Project requires the acquisition of certain property rights from private property
owners and the State (University of Iowa); and
Whereas, funds for this project are available in the Melrose Court Sanitary Sewer Replacement
account # V3146.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The City Council finds that it is in the public interest to acquire property rights by warranty
deed, quit -claim deed, and/or easement for the construction of Melrose Court Sewer
Repair Project ("Project"), which Project constitutes a public improvement under Iowa law.
The City Council further finds that acquisition of said property rights is necessary to carry
out the functions of the Project, and that such Project constitutes a valid public purpose
under state and federal law.
2. The City Manager or designee is hereby authorized and directed to negotiate the
purchase of property rights by warranty deed, quit -claim deed and/or easement for the
construction, operation and maintenance of the Project. The City Manager or designee is
authorized to sign purchase agreements for the necessary property rights.
3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized
and directed to establish, on behalf of City, an amount the City believes to be just
compensation for the property rights to be acquired, and to make a purchase offer therefor
at the established fair market value.
4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to
execute and attest easement agreements and agreements in lieu of condemnation. The City
Attorney is hereby directed to take all necessary action to complete said transactions, as
required by law.
5. In the event the necessary property rights for the Project cannot be acquired by negotiation,
the City Attorney is hereby authorized and directed to initiate condemnation proceedings for
acquisition of any and all property rights necessary to fulfill the functions of the Project, as
provided by law.
Resolution No. 17-357
Page 2
Passed and approved this 5th day of December , 2017
.�. l
M or
Approved by
Atte t / ` �,�✓�v�/-
ity Clerk -ty Attorney's Office f//:2 1 // 7
It was moved by Aims 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
%
Throgmorton
qe())
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240
(319)356-5030
RESOLUTION NO. 17-358
Resolution setting public hearing for December 19, 2017,
on a proposal to convey a single-family home located at
521 South Governor Street.
WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the
University of Iowa and the City to encourage home ownership and reinvestment in designated
neighborhoods surrounding the University of Iowa; and
WHEREAS, the City purchases rental units located in designated neighborhoods surrounding
the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and
WHEREAS, the City purchased and rehabilitated a single family home located at 521 South
Governor Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 521 South Governor Street for the
principal sum of $225,000; and
WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase
of the home.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
521 South Governor Street, Iowa City, Iowa, also known as Lot 12, except the south 20
feet, in Block 1, Berryhill's Second Addition of Iowa City, Iowa, for the sum of $225,000.
2. A public hearing on said proposal should be and is hereby set for December 19, 2017, at
7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to
cause notice of said public hearing to be published as provided by law.
Resolution No. t 7-19s
Page 2
It was moved by _ trims 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
Thomas
Throgmorton
Passed and approved this 5th day of December '2017.
MAYOR
ATTEST
�-
Approved by CrFY CLERK
City Attorneys Office
'r CITY OF IOWA CI
12-05-17
N=51A COUNCIL ACTION REPO 4e(1)
December 5, 2017
Resolution setting public hearing for December 19, 2017, on a proposal
to convey a single-family home located at 521 South Governor Street.
Prepared By: Lucy Joseph, NDS Code Enforcement Specialist
Reviewed By: Tracy Hightshoe, Interim Director, Neighborhood & Development
Services
Fiscal Impact: The sales price of the home is $225,000. There will be no impact on the
general fund for ongoing operating expenses.
Recommendations: Staff: Approval of the sale of 521 S. Governor (UniverCity
Neighborhood Partnership Program home)
Commission: NA
Attachments: Photos of 521 S. Governor
Executive Summary:
On December 19, 2017, City Council will hold a public hearing and vote on a resolution
authorizing the conveyance of 521 S. Governor as part of the UniverCity Neighborhood
Partnership Program. Once this home is sold, this will be the 591 home sold under the program.
Background / Analysis:
Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 521 S.
Governor Street for $225,000. The City purchased the home for $200,000. City funds were
used to rehabilitate and sell the home to an eligible homebuyer. Renovations included electrical
work, plumbing, repainted interior walls, insulation in the attic, new light fixtures, carpeting on
stairs and bedrooms, updated bathrooms, buffed and cleaned the wood floors in the dining and
living room, and new cabinets and counters in the kitchen. The cost of renovations (up to
$50,000) is not included in the sale price. The home is required to be owner -occupied for 30
years.
Built in 1910, this house has 2,084 square feet of living space, includes four bedrooms, two
bathrooms, detached two -car garage and a large backyard.
This home is located on a street where there is a mix of owner -occupied and rental properties.
The renovated home will be an asset to the neighborhood and community. Staff recommends
approval of the resolution to authorize the conveyance of 521 S. Governor St. as part of the
UniverCity Neighborhood Partnership program.
®,.IT
CITY OF IOWA CITY
COUNCIL ACTION REPORT
521 S. Governor— Before Renovations
521 S. Governor — After Renovations
4e ( 2-)
Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145
Resolution No. 17-359
Resolution setting a public hearing on December 19, 2017 on
plans, specifications, form of contract, and estimate of cost for
the construction of the Happy Hollow Park Restroom and Shelter
Replacement 2018 Project, directing City Clerk to publish notice
of said hearing, and directing the City Engineer to place said
plans on file for public inspection.
Whereas, funds for this project are available in the Happy Hollow Shelter & Bathroom
Upgrades fund account # R4192.
Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that:
1. A public hearing on the plans, specifications, form of contract, and estimate of cost for the
construction of the above-mentioned project is to be held on the 19th day of December
2017, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. A copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 5th day of December ' 12017
M or
Approved by
Attestze_�'�t OL�"
Ity Clerk U City Attorney's Office
It was moved by Mims and seconded by sotchway 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
I r '
CITY O F IOWA CI 12-05-17
COUNCIL ACTION REPO 4e(2)
December 5, 2017
Resolution setting a public hearing on December 19, 2017 on plans,
specifications, form of contract, and estimate of cost for the construction
of the Happy Hollow Park Restroom and Shelter Replacement 2018
Project, directing City Clerk to publish notice of said hearing, and
directing the City Engineer to place said plans on file for public inspection.
Prepared By:
Dave Panos — Senior Civil Engineer
Reviewed By:
Juli Seydell Johnson — Parks & Recreation Director
Kumi Morris — Facilities Manager
Geoff Fruin — City Manager
Fiscal Impact:
The estimated cost for this project is $220,000 and will be funded with
CIP projects R4192 and R4130.
Recommendations:
Staff: Approval
Commission: Park Commission reviewed project and recommended
approval on March 8, 2017. Historic Preservation Commission
reviewed and approved project on April 13, 2017.
Attachments:
Resolution, Shelter and Restroom Renderings
Executive Summary:
This agenda item begins the process to rebid the Happy Hollow Restroom and Shelter
Replacement Construction Project 2017.
Background / Analysis:
This project replaces an aging combination restroom, shelter and storage structure at Happy
Hollow Park with a restroom and shelter. A neighborhood meeting was held on May 25, 2016
with approximately 25 residents attending. The design of the restroom and shelter includes
increased physical accessibility. In addition, the architectural features and finish choices fit
the character of the historic neighborhood surrounding the park.
This project was bid on July 12, 2017. The five bids received on July 12, 2017 were rejected
due to lowest bid being 39% over cost estimate. After review of the bids and discussions with
the Consultant, a determination was made that the original construction cost estimate was
inaccurate at $182,000.
After rejecting bids, the consultant and city staff re-evaluated design and schedule in an
attempt to reduce pricing to the budget level while maintaining the integrity of the original
facility aesthetics. The changes were discussed with City Historic Preservation staff, Chair of
the Historic Preservation Commission and local contractors previously bidding on the project.
The project was modified in five different areas to help reduce costs.
Schedule — The new project schedule allows the project to be rebid at a favorable time with a
longer schedule to help provide more competitive pricing.
'r CITY OF IOWA CITY
COUNCIL ACTION REPORT
Roofing — Specified material manufacturer changed to a lighter gauge. The roof systems will
remain as flat panel standing seam roof for both restroom and shelter facility. Estimated
savings are minimal, however provide for more competitive estimates.
Shelter Column and Truss Material — Project bid documents were changed to remove the
requirement for Glue Laminated structural elements, and now allow for construction with
standard dimensional treated lumber. This will allow more competitive bid pricing for the park
pavilion structure. Estimated savings range is between $15-000 - $20,000.
Shelter Column Connections - Exposed bracket connections are included in the base bid.
The project bid form will include an alternate for concealed brackets. Exposed connections
are more standard in park shelter packages. Estimated savings is between $2,500 - $3,000.
This was determined after staff discussed with contractors that previously bid this project.
Shelter Column Fascia — Exposed concrete columns for the park pavilion will be included in
the base bid. The base bid will include alternates for two fascia products.
Concrete Masonry Units (CMU) Fascia
• Natural Stone Fascia (Anamosa Limestone) — Similar to the restroom fascia as shown
below in the rendering of the restroom. The stone fascia can be added later to the pavilion
A
COUNCIL A
Natural stone fascia will remain in the base bid for the restroom facility. Estimated savings for
removal of stone fascia from park shelter is $4,500.
Project Timeline:
Set Public Hearing — December 5, 2017
Hold Public Hearing — December 19, 2017
Bid Letting — January 30, 2018
Award Date — February 6, 2018
Construction Start — February 26, 2018
I ` CITY OF IOWA C
COUNCIL ACTION REP 4d�s;
December 5, 2017
Resolution authorizing the acquisition of property interests necessary for
construction of the Melrose Court Sewer Repair Project.
Prepared By: Brett Zimmerman - Civil Engineer
Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director,
Geoff Fruin - City Manager
Fiscal Impact: Funding is available in the Melrose Court Sanitary Sewer Replacement
account # V3146
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution and Project Drawings
Executive Summary:
Preliminary design for the Melrose Court Sewer Repair Project has been completed, and the
proposed improvements require the acquisition of permanent right-of-way and temporary
construction easement from property owners within the project corridor.
Background / Analysis:
The original scope of work for the Melrose Court Sewer Repair Project included replacement
of the existing sanitary sewer and full width removal and replacement of the existing pavement
along Melrose Court, from Melrose Avenue to Brookland Park Drive. During the preliminary
design phase, it was determined that nearby storm sewer was also in need of repair and
upsizing, as well as relocation from under an existing house. In addition, the existing sidewalk
does not meet current sidewalk accessibility standards due to existing conflicts with electric
utility poles currently located within the sidewalk. To address this issue, in accordance with the
City's Complete Streets Policy, the sidewalk is planned to be relocated approximately three feet
behind the back of curb. The storm sewer and sidewalk relocation will require the acquisition
of property interests, in part because of the narrow (25') right-of-way along Melrose Court.
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I r 1 CITY OF IOWA CIT
4d(7)
COUNCIL ACTION REPO
December 5, 2017
Resolution Calling on the United States Congress to Pass a Revenue
Neutral Carbon Fee and Dividend Program
Prepared By: Eleanor M. Dilkes, City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
Iowa City Climate Advocates, the local Chapter of Citizens Climate Lobby, has suggested that
the City join other municipalities in endorsing federal legislation establishing a fee and dividend
approach to addressing climate change. This endorsement would be consistent with and
complimentary to the City's efforts to reduce greenhouse gas emissions in Iowa
Background / Analysis:
The following information was provided by Iowa City Climate Advocates. The "Carbon Fee
and Dividend" is a revenue -neutral charge on carbon dioxide emissions with the return of net
revenues to households. A fee would be placed on fossil fuels at the source (oil well, coal
mine, or port of entry), starting at $15/ton of CO2e and increasing over time. Revenues
generated by this fee would be returned as monthly dividends to all U.S. residents. The two-
thirds of households at the lower end of the economic ladder would break even or receive
more in dividends than they pay in higher prices for increased energy costs, while the upper
40 percent would have a one percent or less deficit. Such a dividend program is similar to the
"Alaskan Permanent Fund" which sends annual checks from North Slope investments to all
state residents. It would inject billions of dollars into the economy, spur innovation, and build
aggregate demand for low -carbon products at the consumer level. Further information can be
found on the Citizens Climate Lobby website.
� d
Prepared by: Eleanor Dilkes, City Attorney, 410 E Washington St Iowa City IA 52240 356-5030
RESOLUTION NO. 17-360
Resolution calling on the United States Congress to Pass a Revenue
Neutral Carbon Fee and Dividend Program
Whereas, the United Nations Intergovernmental Panel on Climate Change has stated that
"warming of the climate is unequivocal' and it is "extremely likely that human influence has been
the dominant cause of the warming since the mid -201 century" with "atmospheric concentrations
of CO2, Methane and Nitrous Oxide that are unprecedented in at least the last 800,000 years";
and
Whereas, conservative estimates by the world's climate scientists state that to achieve climate
stabilization and avoid cataclysmic climate change emissions of greenhouse gases must be
brought to 80% below 1990 levels by 2050; and
Whereas, Iowa City has experienced costly flood damage from extreme weather events; and
Whereas, presently the environmental, health and social costs of carbon pollution is not
included in prices paid for fossil fuels, but borne directly or indirectly by all Americans and global
citizens; and
Whereas, the City of Iowa City recently passed a resolution calling for a 26-28% reduction of
greenhouse gas emissions by 2025 and 80% reduction by 2050; and
Whereas, efforts to reach these goals would be greatly enhanced by compatible national
legislation that creates financial disincentives for continued dependence on fossil fuel energy
production; and
Whereas, a national revenue -neutral carbon fee starting at a relatively low rate and increasing
steadily over future years is a market based approach that would have minimal impact on the
economy while sending clear and predictable price signals to businesses to develop and use
non -carbon based energy resources; and
Whereas, a dividend program would distribute revenues from such a fee to all Americans and
minimize negative impacts on household energy budgets; and
Whereas, border adjustments—carbon content based tariffs on products imported from
countries without comparable carbon pricing and refunds to our exporters of increased costs
from carbon fees --can maintain the competitiveness of US businesses in global markets;
Now, therefore, be it resolved by the City Council of the City of Iowa City:
That the United States Congress should pass Carbon Fee and Dividend legislation
which places a progressively rising fee on fossil fuels at the source, distributes all revenues on a
per capita basis to American households, and imposes a border adjustment on imports and
exports to maintain American competitiveness.
Resolution No. 17-360
Page 2
Further resolved, that the City Clerk of the Council will transmit copies of the resolution
to our representatives in Washington: Senator Charles Grassley, Senator Joni Ernst and
Congressman David Loebsack.
Passed and approved this 5th day of necemher 2017.
M or
ATTEST:
Cfty Clerk
A ved b
City Attorney's Office
Resolution No. 17-360
Page 3
It was moved by Mims and seconded by Botc
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
%
Botchway
%
Cole
x
Dickens
%
Mims
X _ Taylor
%
Thomas
x
Throgmorton
the
I
Prepared by. Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044
Resolution No. 17-361
Resolution approving plans, specifications, form of agreement,
and estimate of cost for the construction of Mercer Aquatic
Center Boiler and HVAC Replacement 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 account # R4331.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to 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 11" day of January,
2018. 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 16'h day of January, 2018, or at a special meeting called for that
purpose.
Passed and approved this 5th day of December / , 2017.
G ,
Ma or
Approved by
Attest " �d--� ci �i� �e
City Clerk City Attorney's Office //4 X-7
Resolution No. 17-361
Page 2
It was moved by Dickens
adopted, and upon roll call there were:
Ayes:
x
and seconded by Eotchway the Resolution be
Nays:
Absent:
_ Botchway
Cole
Dickens
Mims
X Taylor
_ Thomas
Throgmorton