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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. CITY OF IOWA Cf €€ f' E #tt� IS`t' SUB17-00001 T :75 0.055 0.11 Miles 4665 'Herbert Hoo M 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 €€ f' #tt� IS`t' 7 T APPROVED BY THE CITY OF ICVA CITY TIDAL PLAT LOVIK FIRST SUBDIVISION .1"IT CITY CLERK JOHDF.ST.Ix c➢uNTY, IDVA i QUARTERDALE SURDMSION o 5 ®raa re ea.R , c zl 8 NL w � vNR "nm'IM B jxoxnm. reacno. l n zwna.. - ..... IEGENO "L U• y1AA i /UDROR'S PARCEL SOD5DD4 [yert¢y ¢ei�/// _____ lo1A . a ee \ \ r el s 1 e .4"aQ'Atiy�� O ➢ i i \ •\ , �,® ,1® DO-', m¢n-Avc''c 13 O tF tt e x l ? { uc - `nM olw)65.; grrNm 5x I it r % i W 6 2]Q rt,Pt..N \sxv zuYy1M g�v L1. nim• �=�T'i -� -� N e Ivxw � # j °" m.w 7`sr" •••• _.-:1Rt_x---uawDsroNE�vv. P s, an •.... L w,.e.a H BOUNDARY SURVEY I vx. za, m n ✓ -------------------- I N.1QALr muv R.e:arNnl.L _ __________ —1 KmsDO .no ea. AI z rm nnuve''9z °5'z\`•nmwJrr P,',\p5 (DDI, OF SURVEY F rRbn 0 i P n`v. 2 WA Y[e �nmGe a Y I sm 0I Oq rmc AT 4P u .T- x.. �l5 ' �a 1 _ M, { y Lm vw5i i,nvmrmv C RYe�, tl•e' Oxr�e�n a lsrm45 NF 5oJ 5 m f�gRmS q g Me rM. N SS.orrxm—d �Rewerr I iw '�yI qI9{ ,� IRK' L J Nuwu enmrmm ::.a elvl E"eFG w' Fitk NS.Uecm om°�a xR. .,f i. I.K,.—m '6p CC'�Amg�11jqN' n.sns mowmrvr mem.a .1pLAI 1.Pu 56 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 R o Q�0 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 Epi MMIY Rt]%WBYS VSE /BEAN OOAKES FORTH ADDMON N ALILRDAV2 MITI M MT R68Q � N Fur JYLSL a.v FA'G Yd{ a TIc hams zT• Tre JarJsaJ T4NIY Rnaamn emz Mal a mm � SEC UON 2-1r MM-H6�7i DEAN OAKES S' SECOND ADOPT000 N LOCSnON: sUBgNCER APONTICH CFiNExONfHEAST DYMiENOFTIM EBCozJSIRUOT:w NORFNL4FSTOUANTER OFSECT9N ETOWJ51®A P.O. DOXI40 HOINII,pN16Ee NF5T.OFTNEFlFRI PRINCIPAL h CITYmmu MEMDLW.NNACm.JO1M5ON 000N1V.lOWA TIWi6WFOD.SED¢t18071u6DsuflvEraw:DIEM R-]80.70' ((R) - REGARDED DDEN90N5 PI A. a° ' a W ln]&16' (Ni - MEASNRED DDRTJ9IXJ5 T-16.11' PHC6=GIEwPBET C22 -I - CARVE SEGMEJJT MINDER 1 '�' [JAY C-XI5' CS-05Y5'E uMESS NDIED ODERI65F. Au DYE1t9aJs AIW M {EEf kID MIRLWF6nrs D. PTB YNNbJiS NNSCIXISULTANiCMG M"TAR r1410 mYDATEWSWry . WEMRENflN WKPNAnON LAMIBLRVEYDfl uTamle �1 �fA wa w u Right of Way Acquisition Plat Bristol Drive 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 d .1,hohwm WV ) 0 CUT'K' PROPERTY &/or BOUNDARY UNEN _____ RWM -OF -WAV UNES nm s` N s R ________ IAT UWM. PLATTED pt BY D® �E161JT IIIIES /J us m s FA' K t BD]'54- --------------- EIBSDNO EASEAIFNT ONES, PURPOSE NOTED T UN %PURPOSE NNOiE R-]80.70' ((R) - REGARDED DDEN90N5 PI A. a° ' a W ln]&16' (Ni - MEASNRED DDRTJ9IXJ5 T-16.11' PHC6=GIEwPBET C22 -I - CARVE SEGMEJJT MINDER 1 '�' C-XI5' CS-05Y5'E uMESS NDIED ODERI65F. Au DYE1t9aJs AIW M {EEf kID MIRLWF6nrs LOT "A" 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 ww W.mmsconsuitantsmet Geta RMsbn FIAT I w Ar FK£ 0 a THE RC M TtL W 16 ,r N5133'31'E. ALONG THE SOUTH UNE OF SAID DEAN °ALES FIFTH ADDMON, 50.00 JRIFQI uu6Y PPALFro(a aTM ' �'� FEET, TO THE SOUTHWEST CORNER OF LOT 5 OF DEAN OAKES FIFTH ADDITION; Z� a R o -381Y35' THENCE S38'O7'I2'E 21.07 FEET THENCE SOUTHEASTERLY 38.18 FEET, ALONG A � -310.70' 380.70 FOOT RADIUS ��II ,g��'y R L CHORD BEARS 53595'15'E;THENCE SCH31.35%. I J.22 FEEMOE IT T TO THE NORTHEAST T-102.73' I''i- 7' 646508• CONNER OF THE TRACT OF SAND DMCIFD ON THE 'BOUNDARY SURVEY IN !a CB=Nt6'4B'24'W ACCORDANCE KITH THE PUT THEREOF RECORDED IN PEAT BOOK 13 AT PAGE 20 \�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 ��c� PLCsve u LAW 5vrwym ardor Io mn of Me State of I- . MERMIJN. 'W"ARY %RVEY^y4p_� IOWACRY, N N/LWNI[[ MM M MT TC ITUIam N JOHNSON COUNTY, I g L D. .M /r, - t 20-17OWA NAr W'oK D a FK fO LF nC W/� LF M •• 6Y�N u NM 5GLEN D. g is I.. Ijo. N. M65 MMS CONSULTANTS, INC. 8185 MY K--- hhho-1 data to Do,., o,31," -L7 °ate 09/27/17 * OTA * G®ym bJ, FroNmac W. I DAM 165 V Paaee or ebaele .vend by W. sem: GrIDa1 MP Scale. dPc ;OhrNYODER j/,/ RLW = , T CaM1„ne zs012s F7�,dbatae m H of ,xO� . eroeted W M SIWdt No. Jul v. GD 1 Rn -16 No. Pu k h and fm Me b o/ Iowa. 6EAL IC 1080.120 d. 1 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. W Q LU U) O J LLJ n — PROPOSED STORM SEWER —car— PROPOSED SANITARY SEWER IN EXISTING ALIGNMENT — — — EXISTING RIGHT OF WAY LINE PROPOSED RIGHT OF WAY LINE 18" Si -.. -__ PROPOSED STORM SEWER - ,8-- PROPOSED SANITARY SEWER IN EXISTING ALIGNMENT - - EXISTING RIGHT OF WAY LINE - - - PROPOSED RIGHT OF WAY LINE 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