HomeMy WebLinkAbout2018-01-16 Resolution-,[I(l, )
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 319-356-5030
Resolution number: 18-13
Resolution authorizing the Mayor to sign and City Clerk to attest
grant assurance letter to Federal Aviation Administration
regarding Iowa City Airport Obstruction Mitigation project.
Whereas, the Iowa City Municipal Airport has applied for Federal Aviation Administration grant
funding for their upcoming obstruction mitigation project; and
Whereas, federal law governing said grants requires that the grant recipient provide various
assurances governing the use of the funds; and
Whereas, the Iowa City Airport Commission will be able to provide all needed assurances, save
one, regarding zoning laws, as the Airport Commission is without authority to govern zoning,
which authority is retained by the City; and
Whereas, the required assurance, contained in the attached letter, is that reasonable zoning
laws are, or will be placed, in effect; and
Whereas, said airport zoning laws have long been in place in Iowa City, such that no further
zoning laws are expected to be required; and
Whereas, it is in the best interests of the City and the Iowa City Municipal Airport to approve this
resolution and the attached letter to the Federal Aviation Administration.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa
1. City Council for the City of Iowa City hereby approves the attached grant assurance
letter and authorized the Mayor to sign same.
Passed and approved this 16th day of January , 2018,
Z!
by ��/G
City Attorney's Office 0
Mayor
Attest- .M1
City Clerk
Resolution No. 18-13
Page 2
It was moved by Taylor and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
January 9, 2018
Federal Aviation Administration
Airports Division, Central Region
901 Locust St.
Kansas City, MO 64106
Re: Iowa City Municipal Airport
To Whom It May Concern:
®Pht
N 's
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 3S6-5000
(319) 356-5009 FAX
www. icgov. o rg
The City of Iowa City, Iowa makes the following statement of compatible land use assurances
as required by US Code, Title 49, 47107(a)(10), formerly Section 511(2)(5) of the Airport and
Airway Improvement Act of 1982.
The City of Iowa City, Iowa provides assurances that appropriate action, including the adoption
of zoning laws, has been or will be taken to the extent reasonable to restrict the use of land next
to or near the airport to uses that are compatible with normal airport operations, including
landing and takeoff of aircraft. This assurance includes the consideration of existing and future
land uses.
Sincere
Ja as A. Throgmorton
Mayor, City of Iowa City of Iowa City
Cc: Michael Tharp, Airport Operations Specialist
Eric Goers, Asst. City Attorney
r 1 CITY OF IOWA CIT 01-16-16
-r� COUNCIL ACTION REPOR 3d(1)
January 16, 2017
Resolution authorizing the Mayor to sign and City Clerk to attest
grant assurance letter to Federal Aviation Administration regarding
Iowa City Airport Obstruction Mitigation project.
Prepared By:
Reviewed By:
Fiscal Impact:
Recommendations:
Attachments:
Michael Tharp
Eric Goers, Geoff Fruin
None
Staff: Approval
Commission: NA
Resolution
Executive Summary:
This is a letter of support acknowledging the City's role in permitting compatible land uses next
to or near the Iowa City Municipal Airport. City Council is being asked to sign the letter as they
retain control over zoning matters. The letter is required for FAA grant funding of the project.
Background / Analysis:
The Airport Commission is engaging in an obstruction mitigation project to maintain the aircraft
approaches to Runways 12 and 30.
As part of this project the Airport Commission is seeking a support letter acknowledging the
Council's role to supporting the Airport Commission's efforts to meet grant obligations as they
relate to land use.
Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044
Resolution no. 18-14
Resolution awarding contract and authorizing the mayor to sign
and the city clerk to attest a contract for construction of the .
Mercer Aquatic Center Boiler and HVAC Replacement Project
Whereas, AAA Mechanical Contractors, Inc. of Coralville, Iowa has submitted the lowest
responsible bid of $815,000 for construction of the above-named project; and
Whereas, the bid includes the base bid and alternate #1; and
Whereas, funds for this project are available in account #s R4331 and R4332.
Whereas, the Parks and Recreation Director and City Manager are authorized to execute change
orders according to the City's Purchasing Policy as they may become necessary in the
construction of the above-named project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The contract for the construction of the above-named project for the base bid plus
Alternate #1 is hereby awarded to AAA Mechanical Contractors, Inc. of Coralville, Iowa,
subject to the condition that awardee secure adequate performance and payment bond,
insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign the contract for construction of the above-named
project and the Contractor's Bond, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
Passed and approved this 16th day of January 2018
Ma or
ved by
Ci Clerk City Attorney's Office
It was moved by 'Taylor and seconded by Botchway the Resolution be
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
X
X
ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
NOTICE TO BIDDERS
MERCER AQUATIC CENTER BOILER AND HVAC REPLACEMENT PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M.
on the 111h day of January, 2018. Sealed proposals will be opened immediately thereafter. Bids
submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project.
Proposals received after this deadline will be returned to the bidder unopened. Proposals will be
acted upon by the
City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 161 day of
January, 2018, or at a special meeting called for that purpose. There is a recommended pre-bid
meeting. This will start at 11 A.M. local time on Thursday, December 14, 2017 in the Mercer
Aquatic Center Meeting Room located at 2701 Bradford Drive Iowa City, Iowa.
The Project will involve the following:
This project includes replacement of the existing boiler and HVAC systems in the Mercer
Aquatic Center and Scanlon Gymnasium.
All work is to be done in strict compliance with the plans and specifications prepared by Shive-
Hattery Inc., of Iowa City, which have heretofore been approved by the City Council, and are on
file for public examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be submitted in a
sealed envelope. In addition, a separate sealed envelope shall be submitted containing a
completed Bidder Status Form and a bid bond executed by a corporation authorized to contract
as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made
payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the
City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10)
calendar days of the City Council's award of the contract and post bond satisfactory to the City
ensuring the faithful performance of the contract and maintenance of said Project, if required,
pursuant to the provisions of this notice and the other contract documents. The City shall retain
the bid security furnished by the successful bidder until the approved contract form has been
executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and
the contract and bond have been approved by the City. The City shall promptly return the checks
or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is
determined or within thirty days, whichever is sooner.
The successful bidder will be required to furnish a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to be issued by a responsible surety approved by
the City, and shall guarantee the prompt payment of all materials and labor, and also protect and
save harmless the City from all claims and damages of any kind caused directly or indirectly by
the operation of the contract, and shall also guarantee the maintenance of the improvement for a
period of one (1) year(s) from and after its completion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Specified Start Date: February 1, 2018
Specified Completion Date: July 13, 2018
Liquidated Damages: $200.00 per day
The plans, specifications and proposed contract documents may be examined at the office of the
City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured
at the Office of Technigraphics, a division of Rapids Reproductions located at 415 Highland
Ave, Suite 100, Iowa City, Iowa 52240, Phone: -319-354-5950, Fax: 319-354-8973, Toll -Free:
800-779-0093, by bona fide bidders. A $50.00 fee is required for each set of plans and
specifications provided to bidders or other interested persons. The fee shall be in the form
of a check, made payable to Technigraphics, by bona fide bidders. The deposit will be
refunded to plan holders who return the bidding documents in good condition within 15 days after
receipt of bids.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of minority contractors can be obtained from the
Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of
Transportation Contracts Office at (515) 239-1422.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties
with whom the bidder intends to subcontract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed
subcontractors, together with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and
coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and irregularities.
Posted upon order of the City Council of Iowa City, Iowa
KELLIE FRUEHLING, CITY CLERK
sa�z)
Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044
Resolution No.
Resolut n awarding contract and authorizing the Mayor to sign
and the Nty Clerk to attest a contract for construction f the
Mercer Aq tic Center Boiler and HVAC Replacement Prect
Whereas,
for
of , has submitted the lowest responsible bid of
Lon of the above-named project; and ,
Whereas, funds for this projelq are available in the Elementary
Partnership account # R4331; an
Whereas, The City Engineer and ity Manager are authori d
according to the City's Purchasing Po y as they may becom nea
the above-named project.
Now, therefore, be it resolved by the City
1. The contract for the construction i
, subject to
performance and payment bond, ins
statements.
2. The Mayor is hereby authorized to
construction of the above-named pr
adequate performance and payment
program statements.
Passed and approved this
Attest :
City Clerk
It was moved by _
adopted, and upon
of
Recreation Facility
to execute change orders
Issary in the construction of
of the CiVof Iowa City, Iowa, that:
Mayor
ied project is hereby awarded to
that awardee secure adequate
, and contract compliance program
the City Clerk to attest the contract for
ct to the condition that awardee secure
Qce certificates, and contract compliance
and seconded by
there were:
Nays:
City
Absent:
the Resolution be
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
t r _4
�`s
.r,®,��
CITY OF IOWA CITYId(Z)
COUNCIL ACTION
t' -U.
January 16, 2018
(Date)
Resolution awarding contract and authorizing the mayor to sign and the city clerk
to attest a contract for construction of the Mercer Aquatic Center Boiler and
HVAC Replacement Project
Prepared By:
Brett Zimmerman - Civil Engineer
Reviewed By:
Juli Seydell Johnson - Parks and Recreation Director
$711,000
Kumi Morris - Facilities Manager
RMB Co. Inc.
Jason Havel - City Engineer
$103,330
Ron Knoche - Public Works Director
$788,000
Geoff Fruin - City Manager
Fiscal Impact:
The contract amount for this project is $815,000 and will be funded
$107,500
through account #R4331 and account #R4332
Recommendations:
Staff: Approval
Modern Piping
Commission: N/A
Attachments:
Resolution
Executive Summary:
This agenda item awards the contract for the Mercer Aquatic Center Boiler and HVAC
Replacement Project to AAA Mechanical Contractors, Inc. of Coralville, Iowa. This project
includes replacement of the existing boiler and HVAC systems in the Mercer Aquatic Center
and Scanlon Gymnasium.
Background / Analysis:
The existing boilers at the Mercer Aquatic Center and Scanlon Gymnasium have been in
operation since 1988 and are approaching the end of their useful life. Additionally, the current
HVAC system provides inconsistent heating and cooling, resulting in numerous patron
complaints regarding water and air temperatures in the facility.
The project estimate was $678,700.00 for the base bid and $75,000.00 for Alternate #1.
Alternate #1 includes the installation of two ADA compliant restrooms in the Mercer Aquatic
Center.
Company
Base Bid
Alt. #1
AAA Mechanical Contractors, Inc.
$711,000
$104,000
RMB Co. Inc.
$747,240
$103,330
Tricon General Construction, Inc.
$788,000
$112,000
Hometown Plumbing and Heating
$748,000
$107,500
Winger Piping
$725,950
$93,500
Modern Piping
$874,635
$118,415
Mechanical Service, Inc.
$733,332
No Bid
Based upon the bids received, staff recommends awarding a construction contract to AAA
Mechanical Contractors, Inc. of Coralville, Iowa which includes the base bid and Alternate #1.
r CITY OF IOWA CITY
,�r �� COUNCIL ACTION REPORT
Project Timeline:
Award Date — January 16, 2018
Construction Start — February 1, 2018
Substantial Completion — June 15, 2018
Final Completion — July 13, 2018
Late Handouts Distributeo
Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)3565044
Resolution no.
Resolution awarding contract and authorizing the m4idalte0o sign
and the city clerk to attest a contract for construction of the
Mercer Aquatic Center Boiler and HVAC Replacement Project
Whereas, AAA Mechanical Contractors, Inc. of Coralville, Iowa has submitted the lowest
responsible bid of $815,000 for construction of the above-named project; and
Whereas, the bid includes the base bid and alternate #1; and
Whereas, funds for this project are available in account #s R4331 and R4332.
Whereas, the Parks and Recreation Director and City Manager are authorized to execute change
orders according to the City's Purchasing Policy as they may become necessary in the
construction of the above-named project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The contract for the construction of the above-named project for the base bid plus
Alternate #1 is hereby awarded to AAA Mechanical Contractors, Inc. of Coralville, Iowa,
subject to the condition that awardee secure adequate performance and payment bond,
insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign the contract for construction of the above-named
project and the Contractor's Bond, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
Passed and approved this day of
Attest:
City Clerk
It was moved by
adopted, and upon roll call there were:
AYES:
Mayor
and seconded by
NAYS:
2018
Z -17
y
City Attorney's Office
the Resolution be
ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
Prepared by. Josh Slattery, Public Works, 410 E. Washington St, Ima City, IA 52240 3193.565149
Resolution No. 18-1
Resolution authorizing the acquisition of property interests necessary
for construction of the Rochester Avenue Sidewalk Infill Project.
Whereas, the City of Iowa City desires to construct the Rochester Avenue Sidewalk Infill Project
("Project") which includes the construction of 4 -foot wide sidewalk along Rochester Avenue
between the water storage site at 2410 Rochester Avenue and St. Thomas Court; and
Whereas, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property rights is necessary to construct, operate and maintain the proposed project; and
Whereas, the City staff has determined the location of the proposed Project; and
Whereas, City staff should be authorized to acquire necessary property rights at the best overall
price to the City; and
Whereas, funds for this project are available in the Rochester Ave Sidewalk Infill Project account #
S3948.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
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 the Rochester Avenue
Sidewalk Infill 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 understate 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 purchase of property and/or easements,
and offers to purchase property and/or easements.
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 to be acquired, and to make an offer to purchase the
property for 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. 18-15
Page 2
Passed and approved this 16th day of January 2018
Ma or
Approved by
Attest: �el&&-e /'S el.,
City Clerk City Attorney's Office (%B
It was moved by Taylor and seconded by Botchway the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
CITY OF 1 O WA CIT 01-16-18
COUNCIL ACTION REPO 3d(3)
January 16, 2018
Resolution authorizing the acquisition of property interests necessary for
construction of the Rochester Avenue Sidewalk Infill Project.
Prepared By: Josh Slattery - Senior Civil Engineer
Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director
Geoff Fruin - City Manager
Fiscal Impact: The estimated cost is $6,000 and will be funded with CIP project S3948
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item begins the process to acquire five temporary construction easements that will
be needed in order to construct the Rochester Avenue Sidewalk Infill Project.
Background / Analysis:
The Rochester Avenue Sidewalk Infill Project involves the construction of a 4 -foot wide sidewalk
along the north side of Rochester Avenue between the water storage site at 2410 Rochester
Avenue and St. Thomas Court. The proposed sidewalk will connect to existing sidewalk at both
ends.
Rochester Avenue is an arterial, and Regina High School is nearby. The City received a request
from a resident who lives on St. Thomas Court for the sidewalk to be installed so that her kids
could walk to school. Since there is currently not sidewalk along the north side of Rochester
Avenue to the east of St. Thomas Court, residents need to cross Rochester Avenue to travel west
on a sidewalk to Regina. The site distance at this location is very poor due to the curve in
Rochester Avenue and makes it dangerous to cross the street. Rochester Avenue also has a 35 -
mph speed limit at this location. The same situation would also apply to residents who live along
Bluffwood Lane and residents that live along Rochester Avenue adjacent to the project that would
want to travel either east or west on a sidewalk.
A neighborhood meeting was held on December 14, 2016 with approximately 4 residents
attending. All residents who attended were in favor of the proposed sidewalk.
The temporary construction easements are needed so that grading of the adjacent ground and
reconstruction of the driveways can extend into the private property where necessary to ensure
that the slopes are mowable and the driveways are not steeper than the recommended design
standards where the proposed sidewalks will go through driveways. While the cross slope of the
sidewalk is relatively flat, the slopes of the driveways are relatively steep in some locations. In
order to make up for the grade that is lost from the relatively flat sidewalk section through the
driveway, the reconstruction of the driveways will need to extend into the private property to
ensure that the driveway slopes are not steeper than the recommended design standards. The
CITY OF IOWA CITY
COUNCIL ACTION REPORT
cross slope of the proposed sidewalk and parkway is also not a steep as the existing grade along
a majority of the project length. Grading will also need to extend into the private property to ensure
that the transition back to exiting grade is not too steep.
Similar to the situation with the driveways, Bluffwood Lane will also need to be tabled at the
crossing location for the proposed sidewalk to ensure that the cross slope across Bluffw000d
Lane does not exceed the recommended design standards. Since Bluffwood Lane is a private
street, a temporary construction easement will need to be acquired to reconstruct it beyond the
Rochester Avenue right-of-way. The necessary easements and their extents have been
determined during the design of the project.
The exact financial impact is unknown at this time. Fair market value for the easements will be
established by an appraisal consultant. City staff will make an offer to purchase the easements
for the established fair market value and negotiate with the property owners. In the event the
necessary easements for the project cannot be acquired by negotiation, the City Attorney will
be authorized and directed by the resolution to initiate condemnation proceedings for
acquisition of the easements necessary to fulfill the functions of the Project, as provided by law.
Sra (q)
Prepared by: Jason Havel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410
Resolution No. 18-16
Resolution accepting the work for the storm sewer,
drainageways, sanitary sewer, water main, sidewalk, and paving
public improvements for Sandhill Estates Part 4, and declaring
public improvements open for public access and use
Whereas, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications approved by the Engineering Division.
Sanitary sewer, storm sewer, and water main improvements for Sandhill Estates Part 4, as
constructed by Carter and Associates, Inc. of Coralville, Iowa.
Paving and sidewalk improvements for Sandhill Estates Part 4, as constructed by Streb
Construction Co., Inc. of Coralville, Iowa.
Drainageway improvements for Sandhill Estates Part 4, as constructed by Neuzil & Sons,
Inc. of Oxford, Iowa.
Whereas, the maintenance bonds have been filed in the City Clerk's office; and
Whereas, the City of Iowa City has notified those contractors listed previously of the date on which
it will consider acceptance of the aforementioned public improvements; and
Whereas, the traffic control signs have been installed.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and
public improvements previously set aside as not being open for public access are hereby formally
accepted and declared open for public access and use.
Passed and approved this 16th day of January 2018
M or
> Approved by
Attes Z_P�e_ /)'^ ✓��"
City Clerk City Attomey's Officet' ) 4
It was moved by Taylor and seconded by Botchway the Resolution be
adopted, and upon roll call there were:
Ayes:
X
X
X
X
X
X
Nays:
Absent:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
CITY OF IOWA CITY,,,,
COUNCIL ACTION REPO 3d(4)
January 16, 2018
Resolution accepting the work for the storm sewer, drainageways,
sanitary sewer, water main, sidewalk, and paving public improvements for
Sandhill Estates Part 4, and declaring public improvements open for
public access and use.
Prepared By:
Jason Havel - City Engineer
Reviewed By:
Ron Knoche - Public Works Director
Geoff Fruin - City Manager
Fiscal Impact:
No Impact
Recommendations:
Staff: Approval
Commission: N/A
Attachments:
Resolution
Executive Summary:
Sandhill Estates Part 4 is a 7.74 -acre subdivision generally located north of Langenberg
Avenue and east of Oxen Lane. The subdivision contains 24 residential lots.
Background / Analysis:
The construction of the storm sewer, drainageways, sanitary sewer, water main, sidewalk, and
paving public improvements for Sandhill Estates Part 4 have been completed in substantial
accordance with the plans and specifications on file with the Engineering Division of the City of
Iowa City.
Prepared by: Sara Hektoen, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 18-17
Resolution authorizing the Mayor to sign and the City Clerk to attest
the First Amendment to Agreement for Private Development by and
between the City of Iowa City and Iowa City Hotel Associates, L.L.C.
WHEREAS, the City and Developer did enter into an Agreement for Private
Redevelopment on or about March 23, 2015, for the redevelopment of property locally known as
328 S. Clinton Street, Iowa City, Iowa, for the construction of a 12 -story hotel thereon, said
Agreement having been recorded in the Records of the Johnson County, Iowa, Recorder's Office
in Book 5347, Page 628-662; and
WHEREAS, the Agreement authorized the City to make certain economic development
grants to Developer based, in part, upon tax increment generated from adjacent property
contemplated to be developed for the University of Iowa Museum of Art; and
WHEREAS, plans for development of that adjacent property have changed, and therefore
the Developer desires to amend the Agreement to eliminate that property from the sources from
which the economic development grants are paid.
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 by and between
the City of Iowa City, Iowa and Iowa City Hotel Associates, L.L.C. is in the public interest.
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 16th day of January 2018 .
Ap roved by
wA, ""meg
City Attorney's Office t /-I Ilk
C-
MA OR
ATTEST• _-e�Ce_.e }�
CITY CLERK
Resolution No.
Page 2
18-17
It was moved by Taylor and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
%
Botchway
%
Cole
x
Mims
x
Salih
x
Taylor
x
Thomas
x
Throgmorton
AMENDMENT NO. 1 TO THE
AGREEMENT FOR PRIVATE REDEVELOPMENT
By and Among
THE CITY OF IOWA CITY, IOWA,
IOWA CITY HOTEL ASSOCIATES, L.L.C.
THIS AMENDMENT NO I TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT
(hereinafter called "Agreement"), is made on or as of the 16th day of January 1
2018 by and between the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"),
established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of
Chapter 15A and Chapter 403 of the Code of Iowa, 2017, as amended (hereinafter called "Urban
Renewal Act") and Iowa City Hotel Associates, L.L.C. having an office for the transaction of
business at 2 Quail Creek Circle, North Liberty, Iowa, 52317 (the "Developer").
WITNESSETH:
WHEREAS, the City and Developer did enter into an Agreement for Private Redevelopment
on or about March 23, 2015, for the redevelopment of property locally known as 328 S. Clinton
Street, Iowa City, Iowa, for the construction of a 12 -story hotel thereon, said Agreement having been
recorded in the Records of the Johnson County, Iowa, Recorder's Office in Book 5347, Page 628-
662; and
WHEREAS, the Agreement authorized the City to make certain economic development
grants to Developer based, in part, upon tax increment generated from adjacent property
contemplated to be developed for the University of Iowa Museum of Art; and
WHEREAS, plans for development of that adjacent property have changed, and therefore the
Developer desires to amend the Agreement to eliminate that property from the sources from which
the economic development grants are paid; and
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
1. Amend Section 1.1 DEFINITIONS by deleting the definition for "314 CLINTON TIF
Account."
2. Amend Section 6.6. Annual Certification to delete reference to the 314 S. Clinton Street
property, such that the City will not certify to establish the base value for said property upon the
filing by the Developer of the November 1, 2017 annual certification.
3. Delete Section 8.1. Economic Development Grants, paragraph (a)(iii) and replace (b) with
the following:
(b) The obligation of the City to make an Economic Development Grant to the
Developer in any year as specified above shall be subject to and conditioned upon the
timely filing by the Developer of all previous annual statements, proofs and
certifications required under Section 6.6 hereof and the City Manager's approval
thereof, which will not be unreasonably withheld. Beginning with the November 1,
Pa
2018 certification, if the Developer's annual statement, proof and certification is timely
filed and contains the information required under Section 6.6 and the City Manager
approves of the same, the City shall certify to the Johnson County Assessor (the
"County") prior to December 1 of that year its request for the available Tax Increments
resulting from the assessments imposed by the County as of January 1 of that year, to
be collected by the City as taxes are paid during the following fiscal year and which
shall thereafter be disbursed to the Developer on June 1 of the following fiscal year.
(For example, if the Developer and the City each so certify on November and
December 2018, respectively, the first Economic Development Grant would be paid to
the Developer on June 1, 2020).
4. Amend Section 8.2. Source of Grant Funds Limited by deleting the references to the 314
CLINTON TIF Account.
5. Delete Exhibit F and any references thereto.
6. All other provisions of the Agreement not specifically amended herein shall remain in full
force and effect.
IN WITNESS WHEREOF, the City has caused this Amendment No. l to the Agreement to be
duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and
attested by its City Clerk, the Developer has caused this Agreement to be duly executed in its name
and on its behalf.
(SEAL) CITY OF IOWA CITY, IOWA
By: 4�—
MAyor Jr
ATTEST: Annroved bv:
2018 certification, if the Developer's annual statement, proof and certification is timely
filed and contains the information required under Section 6.6 and the City Manager
approves of the same, the City shall certify to the Johnson County Assessor (the
"County") prior to December 1 of that year its request for the available Tax Increments
resulting from the assessments imposed by the County as of January 1 of that year, to
be collected by the City as taxes are paid during the following fiscal year and which
shall thereafter be disbursed to the Developer on June 1 of the following fiscal year.
(For example, if the Developer and the City each so certify on November and
December 2018, respectively, the first Economic Development Grant would be paid to
the Developer on June 1, 2020).
4. Amend Section 8.2. Source of Grant Funds Limited by deleting the references to the 314
CLINTON TIF Account.
5. Delete Exhibit F and any references thereto.
6. All other provisions of the Agreement not specifically amended herein shall remain in full
force and effect.
IN WITNESS WHEREOF, the City has caused this Amendment No. 1 to the Agreement to be
duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and
attested by its City Clerk, the Developer has caused this Agreement to be duly executed in its name
and on its behalf.
(SEAL)
ATTEST:
By:
City Clerk
CITY OF IOWA CITY, IOWA
By:
Mayor
Approved by:
City Attorney
IOWA CITY HOTEL ASSOCIATES, L.L.C.
By:
By:
By:
By:
CITY OF IOWA CITY
STATE OF IOWA
COUNTY OF JOHNSON
On this � day of ct f 201 8 before me a Notary Public in and
for said County, personally appeared James A. T ogmorton and Kellie Fruehling, to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the
City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of
Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation,
and that said instrument was signed, and sealed on behalf of said Municipal Corporation by authority
and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be
the free act and deed of said Municipal Corporationrby it voluntarily executed.
CHRISTINEOLNEY z/"" '
z
Orth k" Commission Number 806232 Notary Publi 'n and for the State of Iowa
*�* My Commission Ex ires
own
STATE OF -TOW n )
)SS
COUNTY OF JOt-tKIZ1 )
This instrument was acknowledged before me on this S day ofa 201$ by
10hn (\ EAg.l.Qnv W) US , as manager of Iowa City HotTl Associates, L.L.C..
H. FREY
Public in and for the State of Iowa
STATE OF Tti,-o A )
)SS
COUNTY OF -SOFi(V � )
This instrument was acknowledged before me on this 8�o day o , 201'b by
V-gnj C1 tY V)o as manag5gLIinykCity Hotel Associates, L.L.C..
190 KIR STEN H. FREY
z° 7 Commission Number 180259
My Commissron
Jul 12 9
0
Public in and for the Statelof Iowa
STATE OF�� )
)SS
COUNTY OF -SO h (,kZQ— L )
This instrument was acknowledged before me on this Or— day 465-WAAA , 201 by
�CFtYaE FSS as manager of Iowa City H�el Associates, L.L.C..
KIRSTEN H. FREY Notary Public in and for the Stat of Iowa
z° Commission Number 180259
My Commission Expires
xavA Jul 12 2019
STATE OF IOWA )
)SS
COUTN JOHNSON )
This instrument w cknowledged before me on this day of
, 2018, by ce__K_in_s_e_th, as manager of Iowa City
Hotel Associates, L.L.C.
Notary Public in and for
of Iowa.
5
ate
STATE OF )
)SS
COUNTY OF
This instrument was acknowledged before me on this r day of ;; t 2017; by
as manager of Iowa City Hotel Associates, L.L.C..
y/i' p7 ` I C "I 1 A11 \ 1 A- . �
Notary Public in and for the Stat of Iowa
Pa'Ar sm KIRSTEN H. FREY
Commission Number 180259
My Commission Expires
oar Jul 12 2019
STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
CO—
This instrument was acknowledged before me on this 6 day of
\ �� 2018, by Bruce Kinseth, as manager of Iowa City
Hotel Associates, L.L.C.
KATHI ELDER
Notarial Seal - Iowa
Ccmmisslon#7302711 Notary Public in and for the State
MY Commission Expires - I of Iowa.
5
r 1 CITY OF IOWA CIT
-r� COUNCIL ACTION REPO 3d(5)
January 17, 2017
Resolution authorizing the Mayor to sign and the City Clerk to attest the
First Amendment to Agreement for Private Development by and between
the City of Iowa City and Iowa City Hotel Associates, L.L.C.
Prepared By: Sara Greenwood Hektoen, Assistant City Attorney
Reviewed By: Eleanor Dilkes, City Attorney
Geoff Fruin, City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution and Amendment No. 1
Executive Summary:
This amendment eliminates one source of funds from which economic development grants are
paid to the developers of the Hilton Garden Inn Hotel.
Background / Analysis:
The TIF Agreement for the Hilton Garden Inn authorized the City to make up to $8,800,000 in
economic development grants to the developer based in part upon tax increment generated
from adjacent property previously contemplated to be developed for the University of Iowa
Museum of Art at the southeast corner of Clinton and Burlington Street. Subsequent to entering
into the Hilton Garden Inn TIF Agreement, the University's plans for the Museum changed. The
owners have since entered into a separate TIF agreement with the City for the development of
a mixed-use building and a hotel instead of the Museum. Capturing tax increment from the
adjacent site to pay down ED grants for the Hilton Garden Inn property, therefore, is no longer
desirable. No amendment to the timeline for payment of the ED grants is necessary. Updated
estimates using Jan. 1, 2017 and 2018 valuations and current TIF levies suggest the ED grants
may be complete as soon as 2031.
Prepared by: Sara Hektoen, Assistant City Attorney, 410 E. Washington Sl., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 18-18
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, Hieronymi Partnership, L.L.P., Hieronymus
Square Developers, L.L.C., Iowa City ES Hotel, L.L.C., and HS314,
L. L. C.
Whereas, on September 19, 2017, pursuant to Resolution No. 17-308 the City entered into a
Development Agreement with Hieronymi Partnership, L.L.P. (hereinafter referred to as "Owner"),
Hieronymus Square Developers, L.L.C., Iowa City ES Hotel, L.L.C., and HS314, L.L.C.
(hereinafter collectively referred to as "Developers") for the development of the property generally
located at the southeast corner of Clinton Street and Burlington Street in Iowa City ("Development
Property"), and
Whereas, said Developer's Agreement contained an incorrect legal description of the
Development Property; and
Whereas, amendment of the Developer's Agreement is necessary to ensure the accurate
collection and division of tax revenues arising from the construction of the project contemplated
in said agreement; and,
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 Hieronymi
Partnership, L.L.P., Hieronymus Square Developers, L.L.C., Iowa City ES Hotel, L.L.C., and
HS314, L.L.C., 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 16th day of January 12018
Approved by
'City Attorney's Office
ATTES
Resolution No.
Page 2
It was moved by Taylor and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES:
x
NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
AMENDMENT NO. 1 TO THE
AGREEMENT FOR PRIVATE DEVELOPMENT
By and Among
THE CITY OF IOWA CITY, IOWA,
HIERONYMI PARTNERSHIP, L.L.P.,
HIERONYMUS SQUARE DEVELOPERS, L.L.C.,
IOWA CITY ES HOTEL, L.L.C.
and
HS314, L.L.C.
THIS AMENDMENT NO 1 TO THE AGREEMENT FOR PRIVATE DEVELOPMENT
is made on or as of the 16th day of JANUARY, 2018, by and among the CITY OF IOWA
CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to the Code of Iowa
of the State of Iowa and acting under the authorization of Chapters 15A and 403 of the Code of
Iowa, 2017, as amended (hereinafter called "Urban Renewal Act"); HIERONYMI
PARTNERSHIP, L.L.P., an Iowa limited liability partnership (hereinafter "Owner");
HIERONYMUS SQUARE DEVELOPERS, L.L.C., an Iowa limited liability company, IOWA
CITY ES HOTEL, L.L.C., an Iowa limited liability company, and HS314, L.L.C., an Iowa limited
liability company (hereinafter collectively "Developers").
WITNESSETH:
WHEREAS, the City, Owner and Developers did enter into an Agreement for Private
Development on or about September 19, 2017 (hereinafter referred to as "Agreement'), for the
redevelopment of property located within the City -University Project I Urban Renewal Area at the
southeast intersection of Clinton Street and Burlington Street, Iowa City, Iowa; and
WHEREAS, the legal description for the development property was inaccurately stated in
Exhibit A thereto; and
WHEREAS, the Agreement also contained inaccurate cross references to two exhibits; and
WHEREAS, the parties to said Agreement desire to amend the Agreement to accurately
state this information.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows.
I. Exhibit Ain the original Agreement shall be replaced by Exhibit A attached hereto and
incorporated herein by this reference.
2. Section 2.1 (b) is amended by deleting reference to Exhibit J and instead referring to
Exhibit G.
3. Section 2.1(d) is amended by deleting reference to Exhibit E and instead referring to
Exhibit I.
4. All other provisions of the Agreement not specifically amended herein shall remain in
full force and effect.
IN WITNESS WHEREOF, the City has caused this Amendment No. 1 to the Agreement to
be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and
attested by its City Clerk, the Developer has caused this Agreement to be duly executed in its name
and on its behalf.
2
CITY OF IOWA CITY, IOWA /
By: G ,
M or
ATTEST: Approved by:
By: ' �
City Clerk ity Attorney I ; ;511 g
HIERONYMI PARTNERSHIP, L.L.P.,
BY:
HIERONYMUS SQUARE DEVELOPERS, L.L.C.,
BY:
IOWA CITY ES HOTEL, L.L.C.
BY:
HS314, L.L.C.
BY:
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
On this i- day of ,ZYArV 2018, before me a Notary Public in and for said
County, personally appeared Jim Throgmort and Kellie Fruehling, tome personally known, who
being duly sworn, did say that they are the ayor 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
said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipal Corporation by them voluntarily exeQA
aur CHRISTINE OLNEY
1 0r '_..�,�a�;�� Number 806232 9/6/9 (�
Notary Public in and for the State of Iowa
attested by its City Clerk, the Developer has caused this Agreement to be duly executed in its
name and on its behalf.
CITY OF IOWA CITY, IOWA
IN
ATTEST:
Mayor
Approved by:
City Clerk City Attorney
NYMI PARTNERSHIP, L.L.P.,
BY:
HIE]
II
BY: / )
Jo m Hieronymus, Manag .r
BY:
Bruce Kinseth, Manager
l[011.A
:
L.L.C.,
3
attested by its City Clerk, the Developer has caused this Agreement to be duly executed in its
naive and on its behalf.
CITY OF IOWA CITY, IOWA
0
ATTEST:
Mayor
Approved by:
City Clerk City Attorney
NYMI PARTNERSHIP, L.L.P.,
BY:
HIERONYMUS SQUA�DEVELOPERS, L.L.C.,
i
BY:
Michad Hddge, Manager
BY:
Jolm Hieronymus, Manager
BY: 6 L V-`i�
Bruce Kinseth, Manager
IOWA CI"1'Y ES -h-E:�.
BY:
Kevirr.Digmann,, _ ger
BY: ✓ ,:; z
Michael Hodp6;'Manager
3
BY: -A La
/J
John Hieronymus, M nager
BY:
Bruce Kinseth, Manage
HS31
Bruce Kinseth,
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
On this day of , 2017, before me a Notary Public in and for
said County, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of
the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the
State of Iowa, and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said Municipal Corporation by them voluntarily executed.
Notary Public in and for the State of Iowa
BY:
John Hieronymus, Manager
BY: tip VI" L
Bruce Kinseth, Manager
HS314, L.L.C, _l
BY:
Ke m Digmann, W" er
BY:
Micha✓✓e"f Hodge, Manager
BY:
John Hieronymus, Manager
BY: I>(Vt� "-
Bruce Kinseth, Manager
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
On this __ day of 2017, before me a Notary Public in and for
said County, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of
the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the
State of Iowa, and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said Municipal Corporation by them voluntarily executed.
Notary Public in and for the State of Iowa
11
S TE OF IOWA )
)SS
COUNTY OF JO )
This instrument was acknowledged before
, as
STATE OF IOWA
COUNTY OF JOHNSON
day of 2017, by
��IYMI PARTNERSHIP, L.L.P.,
Notary Public in and for the State of Iowa
)SS
This instrument was acknowledged before me on this & day of 201' by Kevin
Digmann, as Manager of HIERONYMUS SQUARE DEVELOPERS, L.L.C.
KIRSTEN N.-FREY otary Public in and for the 'tate of Iowa
Commission Number 180259
rONn ' MJaCo 125Sbf1 �%pires
STATE OF IOWA �� )
)SS
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this �; day 201% by
Michael Hodge, as Manager of HIERONYMUS QUARE DEVELOPERS, L.L.C.
�P"'"4 s� KIRSTEN H. FRE Y Notary Public in and for the tate of Iowa
Commission Numbemmission �rrx1 . 59
a
my
YJuI 12 2019
STA )
)SS
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this '�) day ofQWeaALb 20118by John
Hieronymus, as Manager of HIERONYMUS SQUW DEVELOPERS, L.L.C.
in and for the Statd of Iowa
El
KIRFP r 1802
MyComm ssionxp Jul 12 2019
OF IOWA )
)SS
COUNTY OF JO )
This instrument was acknowledged befo
Kinseth, as Manager of HIERONYMUS
STATE OF IOWA
COUNTY OF JOHNSON
day of 2017, by Bruce
)PERS. L.L.C.
Notary Public in and for the State
)SS
This instrument was acknowledged before me on thiser day o<4" 201% by Kevin
Digmann, as Manager of of IOWA CITY ES HOTEL, L.L.C.
KIRSTEN H. FREY
Commission Number 180259 Not Public in and for the tate of Iowa
My ul Commies on Expres
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STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this Pr- day o 201$ by
Michael Hodge, as Manager of of IOWA CITY ZOTEL, L.L.C.
tiPR'"` S KIRSTEN H. FREY
y Commission Number 180259 Notary Public in and for the St a of Iowa
My co 12 201 w�
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Hieronymus, as Manager of of IOWA CITY ES H TEL, L.L.C.
Nothr Public in and for the St a of Iowa
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STATE OF IOWA )
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This instrument was acknowledged before me on this day of 0.�\ 2018, by Bruce
Krnseth, as Manager of HIERONYMUS SQUARE DEVELOPERS, ,L,C.
KATHI ELDER a 9�
Notarial Seal - Iowa Notary Public in and forWe State of Iowa
Commission s. 730271,
F&
My Commission Expirr es U` .
STATE OF IOWA
)SS
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this 91) day o 201% by Kevin
Digmann, as Manager of of IOWA CITY ES HOTEL, L,L.C.
KIRSTEN H. FRE" �-��---�-
CommissiolnnNumber 1 259 Notary Public in and for the 'tate of Iowa
• • MJuly 14s� iq
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STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
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Michael Hodge, as Manager of of IOWA CITY ES OTEL, L.L.C.
r� KIRSTEN H. FREY1
Q r Commission (Ju nber110259 Notary Public in and for the St to of Iowa
My com Z VMS
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This instrument was acknowledged before me on this� day o& 201f6by John
Hieronymus, as Manager of of IOWA CITY ES HQTEL, L.L.C. �'
M!0
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in
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COUNTY OF
)SS
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Kinseth, as Manager of of IOWA CITY ES HOTEL, L.L. .
Notary Public in and
STATE OF IOWA
)SS
COUNTY OF JOHNSON
the State of Iowa
This instrument was acknowledged before me on this E3 day oY1, 201% by Kevin
Digmann, as Manager of HS314, L.L.C.
KIRSUN H. FREY
Commission Number 180259
• My Commission Expireslava Jul 12 2019
STATE OF IOWA
COUNTY OF JOHNSON
C*Notblic in and forthe tate of Iowa
)SS
This instrument was acknowledged before me on this U day o,rL017, by
Michael Hodge, as Manager of HS314, L.L.C. 1
a'"` smICKIRSTEN H. FREY Not Public in and for the St a of Iowa
],-v-
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My Commission res
STAT Jul 12 )
)SS
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this g'' day d2ftU(11 �a , 2017, by John
Hieronymus, as Manager of HS314, L.L.C. i
Notary Public in and for the 1ate of Iowa
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STATE OF IOWA )
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day of �O�C� , 2017, by Bruce
Kinseth, as Manager of of IOWA CITY ES HOTEL, L.L.C.
KATM ELDER V
Notarial Seal - Iowa
Commission # 730271 Notar}Y Public in and for the State of Iowa
My Commission Expires
STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this day of , i i t r , 20 by by Kevin
Digmann, as Manager of HS314, L.L.C.
KIRSTEN H. FREY
t
i Commission Number 180259
•a My Commission Expires Notary Public in and for the tate of Iowa
Jul 12 2019
STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
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This instrument was acknowledged before me on this ' day of ,� 1 n, ;(1,x,2017, by
Michael Hodge, as Manager of HS314, L.L.C.
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.Pa1A` J' KIRSTEN H. FREY
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7
STATE OF IOWA )
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Kinseth, as Manager of HS314, L.L.C.
LKATHI
LDERNoal - foveaCo# 730271 Notary Public in and for the State of Iowa
My Commiires-�
EXHIBIT A
DEVELOPMENT PROPERTY
The Development Property consists of the following legally described property:
Lots, 8, 7 and 6 (excepting the south 38 feet thereof) and the north 284 feet of the alley in Block
102, Iowa City, Iowa, according to the recorded plat thereof, as modified by Alterations in Plat
recorded in Book 8, Page 404 Records of the Johnson County, Recorder.
Less and Except a parcel of real estate as described in the Warranty Deed to the City of Iowa
City, Iowa, a municipal corporation, recorded November 3, 2017, in Book 5720, Page 570,
which is more specifically described as follows:
That part of Lot 8, Block 102, Original Town of Iowa City, Johnson County, Iowa described as
follows:
Beginning at the Northwest Corner of said Lot 8;
thence North 89°11'35" East 11.00 feet along the South right-of-way line of Burlington Street
(assumed bearing for this description only);
thence South 44°12'22" West 15.56 feet to a point of Intersection with the East right-of-way line
of Clinton Street;
thence North 0°46'47" West 11.00 feet along said East right-of-way to the point of beginning.
'r1 CITY OF IOWA CITffr
�r, COUNCIL ACTION REPO 3416'
January 17, 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, Hieronymi Partnership, L.L.P., Hieronymus Square
Developers, L.L.C., Iowa City ES Hotel, L.L.C., and HS314, L.L.C.
Prepared By: Sara Greenwood Hektoen, Assistant City Attorney
Reviewed By: Eleanor Dilkes, City Attorney
Geoff Fruin, City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution and Amendment No.
Executive Summary:
This amendment corrects the legal description contained in the September 19, 2017 TIF
Agreement for the development of a mixed-use building and hotel at the corner of Clinton and
Burlington Street.
Background / Analysis:
This amendment is necessary to ensure the accurate collection and division of tax revenues
arising from the construction of the project contemplated in the agreement. It also corrects
typographical errors that referred to incorrect exhibit numbers. This amendment does not
impact the amount of economic development assistance being provided, the sources from
which such assistance is being paid, or the timeline for payment.
A
Lots, 8,
102, Io,
recorde
�-ty:
lley in Block
tions in Plat
S'i Cte)
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 18-19
Resolution authorizing the City Manager to execute an agreement between
the City and National Development Council regarding community and
economic development advisement
WHEREAS, on July 12, 2010, the City entered into an agreement with the National Development
Council (NDC) to facilitate negotiations and pursue financing packages that will enable
redevelopment of key areas; and
WHEREAS, the City entered into a second agreement with NDC on January 14, 2014 that expired
on January 15, 2016; and
WHEREAS, the City entered into a third agreement with NDC on January 19, 2016 that expires
on January 18, 2018; and
WHEREAS, staff has approved entering into another agreement for the same services on a sole
source procurement basis; and
WHEREAS, funds for this agreement are budgeted in the account for consultant services
10210610-432060; and
WHEREAS, it is in the City's best interest to enter into a one-year agreement with NDC for
$75,000 with the option to extend the term for a second year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Manager is hereby authorized to sign a one-year consultant's agreement with NDC for
$75,000 with the option to extend it for one year.
Passed and approved this 16th day of January 2018
ATTEST - z_e_Cei'
Cl CLERK
�K-;'
M OR
Approved by
City Attorney's Office
I- Y-(�-
Resolution No. 18-19
Page 2
It was moved by Taylor and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Cole
x Mims
x Salih
x Taylor
x Thomas
x Throgmorton
AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY
AND
NATIONAL DEVELOPMENT COUNCIL
REGARDING
COMMUNITY AND ECONOMIC DEVELOPMENT ADVISEMENT
This Agreement is made and entered into this 16thday of January 2018, by and between the
CITY OF IOWA CITY, an Iowa municipal corporation whose address is 410 East Washington Street,
Iowa City, Iowa 52240 (the "Client'), and National Council for Community Development, doing
business as the NATIONAL DEVELOPMENT COUNCIL ("NDC" or the "Contractor"), a New York
non-profit corporation, which is a tax-exempt organization under Section 501(c)(3) of the Internal
Revenue Code, whose address is 708 Third Avenue, Suite 710, New York, New York 10017.
WITNESSETH THAT:
WHEREAS, the Client desires to receive professional services from NDC to develop and assist in the
implementation of the Client's community and economic development programs; and
WHEREAS, NDC is willing to provide, on such terms and conditions as are hereinafter provided,
technical assistance to the Client utilizing its expertise in economic and community development
activities and housing.
NOW THEREFORE, in consideration of the above-mentioned premises and of the mutual covenants
contained herein, the parties hereto agree as follows:
I. SCOPE OF SERVICES
The Client acknowledges that NDC regularly performs services for various governmental agencies
and public benefit corporations located across the United States. The purpose of this Agreement is
to set forth the terms upon which NDC will provide the Client with assistance it has requested,
which is generally described as Exhibit A attached hereto and incorporated herein. NDC agrees to
perform such services as are requested by the Client and to provide such services, as it deems
necessary to accomplish the goals requested. Exhibit A attached hereto fully describes the services
to be offered to the Client by NDC. In performing the requested services, NDC shall consult with
officers and employees of the Client and shall meet, as appropriate, with such representatives or
other entities when necessary, including, without limitation, State and Federal officials and other
local organizations.
If. DURATION, TERMINATION
NDC agrees to commence work for the Client effective January 19, 2018, and shall continue
providing technical assistance for twelve (12) months. This agreement may be extended by mutual
agreement for a period of not greater than twelve (12) months. Either party may, at any time,
terminate this Agreement with or without cause by sending written notice to the other party, in
which event this Agreement shall be terminated effective 30 days after receipt of such notice.
111. COMPENSATION
The Client shall compensate NDC for performance of services received hereunder in the total
amount of Seventy -Five Thousand dollars ($75,000.00) ("base fee amount"), payable in monthly
installments of Six Thousand Two Hundred and Fifty dollars ($6,250.00). The base fee amount
includes all of NDC's time, travel expenses, supplies, postage, telephone, and other similar
expenses. As an independent contractor, NDC is responsible for all taxes and other benefits of
the employees of NDC and nothing contained herein shall be interpreted as creating a
relationship of servant, employee, partnership, or agency between the Client and the NDC.
Payment by the Client for services rendered under this Agreement evidences the Client's
acceptance of such services in accordance with the terms of this Agreement.
Upon extension the parties may consider an adjustment in the fee paid by the Client in an amount
not to exceed 5% of the current base fee amount.
IV. MISCELLANEOUS PROVISIONS
4.1 Confidentiality of Reports. NDC shall keep confidential all reports, information and data
given to, prepared or assembled by NDC pursuant to NDC's performance hereunder and
Client designates in writing as confidential. Such information shall not be made available to
any person, firm, corporation or entity without first obtaining the prior written consent of
Client unless otherwise mandated by applicable law.
4.2 Equal Opportunity and Anti -Discrimination. NDC shall comply with all provisions of Title
VI of the Civil Rights Act of 1964 and of the rules, regulations and relevant order of the
Secretary of Labor regarding discrimination. In the event a party is determined by the final
order of an appropriate agency or court to be in violation of any non-discrimination
provision of federal, state, or local law, this Agreement may be cancelled, terminated or
suspended in whole or in part by the Client, and that party may be declared ineligible for
further Client contracts. NDC shall not discriminate against any person in employment or
public accommodation because of race, religion, color, creed, gender identity, sex, national
origin, sexual orientation, mental or physical disability, marital status or age. "Employment"
shall include but not be limited to hiring, accepting, registering, classifying, promoting, or
referring to employment "Public accommodation" shall include but not be limited to
providing goods, services, facilities, privileges and advantages to the public.
4.3 Conflicts of Interest. No board member, officer or employee of Client or its designees or
agents, and no other public official who exercises any functions or responsibilities with respect
to any requested technical assistance, shall be permitted to financially benefit from this
Agreement or have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed in connection with this Agreement. Upon signing
this Agreement, NDC acknowledged that Section 362.5 of the Iowa Code prohibits a City of
Iowa City officer or employee from having an interest in a contract with the City of Iowa City,
and certifies that no employee or officer of the City of Iowa City, which includes members of
the City Council of Iowa City and Iowa City boards and commissions, has an interest, either
direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory
provision enumerated in Section 362.5.
4.4 Notices. All notices shall be sent by certified mail, hand -delivery or overnight mail and in all
events with a written acknowledgment of receipt to the address set forth at the beginning
of this Agreement.
4.5 Responsibility for Claims -Mutual Indemnification. NDC agrees to indemnify and save
harmless Client, their agents, officials, and employees from any liability, damage, expense,
cause of action, suit, claim, judgment or expenses (including attorneys' fees) arising from
injury to person, including death or personal property or otherwise, caused by or resulting
from the activities in furtherance of the work described herein. Client agrees that such
indemnity shall not apply to any actions, claims or damages arising as a result of Client's
bad faith, willful misconduct or gross negligence.
4.6 Release of News Information. Except as required by Chapter 22 of the Iowa Code, no
news release, including photographs, public announcements or confirmation of same, or
any part of the subject matter of this Agreement or any phase of any program hereunder
shall be made without prior written approval of the Client.
4.7 Compliance with Laws. NDC agrees to comply with all applicable federal, state and local
laws in the conduct of the work hereunder. This Agreement shall be construed, interpreted
and the rights of the parties determined, in accordance with the laws of the State of Iowa.
4.8 Assignment. Neither this Agreement nor any rights, duties or obligations described herein
may be assigned by either party without the prior expressed written consent of the other
party.
4.9 Severability. A determination that any part of this Agreement is invalid shall not invalidate
or impair the force of the remainder of this Agreement.
4.10 Acknowledgement. The Client expressly acknowledges that all opinions and advice
(written or oral) given by NDC to the Client in connection with NDC's engagement are
intended solely for the benefit and use of the Client considering the financing and the Client
agrees that no such opinion or advice shall be used for any other purpose or reproduced,
disseminated, quoted or referred to at any time without the prior consent of NDC, except as
required by Chapter 22 of the Iowa Code.
4.11 Disclaimer. The Client is a sophisticated business enterprise and has retained NDC for the
purposes set forth in this Agreement and the parties acknowledge and agree that their
respective rights and obligations are contractual in nature. Each party disclaims an intention
to impose fiduciary agency rights or obligations on the other by virtue of the engagement
hereunder.
4.12 Insurance. NDC agrees at all times material to this Agreement to have and maintain professional
liability insurance covering the NDC's liability for NDCs negligent acts, errors and omissions to the Client in
the sum of $1,000,000.
4.13 Entire Agreement. This Agreement contains the final agreement between the parties
regarding the matters covered and supersedes any and all other agreement, either oral in
writing, regarding the matters contained herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and
year first written above.
Name of Client:
By:
Name: Ger# Frui , City Manager
Date: J/7�j
Ap^
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City Attorney's office
N L DEVELOP N COUNCIL:
By:
Name: Daniel Marsh, President
Date: jq)n ,-*3 Ole
EXHIBIT A
SCOPE OF SERVICES
The Scope of Services describes the assistance available under this Technical Assistance Agreement
during the specified contract period. The Client and NDC, by mutual agreement, may revise this Scope
of Services from time to time. The assistance within this Scope of Services includes:
A. NDC shall provide a minimum of two (2) days of on-site technical assistance bimonthly to the
Client in the areas defined in this Exhibit Off-site technical assistance will be made available to
the Client as requested via email, phone, facsimile or other means including, at a minimum,
bimonthly conference calls in months when on-site technical assistance is not conducted.
B. NDC shall provide technical assistance to the Client in the design, implementation, and
monitoring of the financing elements of the Client's economic, housing and small business
development plans for redevelopment areas identified by the Client.
C. At the Client's request, NDC will review and evaluate projects being considered by the Client for
community and economic development assistance. This technical assistance may include, but is
not be limited to:
1. Evaluating developer experience and capacity.
2. Financial review of the sources and uses, operating proformas, and financial statements
for proposed projects.
3. Structuring of deals with available public sector economic, housing and small business
development programs.
4. Review of appraisals, cost assumptions, capital budgets, operating statements, marketing
data and other funding commitments.
5. Advising on tax credit equity sources, requirements and structuring
6. Identifying other funding sources for the range of commercial, industrial, and residential
real estate and business credit deals prioritized by the Client,
7. Assisting with development issues during pre -development and development phases.
B. Advising on program regulations issues.
D. NDC will provide technical support and financial analysis to the Client with respect to its existing
and proposed economic and housing development programs. Such assistance and analysis may
include, but is not limited to:
1. Reviewing program compatibility with other private and public financing programs.
2. Recommending revisions to the program to increase its ability to leverage additional
private, federal, state and philanthropic resources.
3. Identifying issues associated with the application, review, underwriting and compliance
monitoring on programs that could improve their effectiveness in meeting the Client's
development goals and objectives.
E. NDC will provide technical assistance and advocacy in the Client's efforts to seek funding or to
leverage existing resources through federal, state and local governmental programs including,
but not limited to:
1. Community Development Block Grant (CDBG) program
2. HOME Investment Partnership program
3. HUD Section 108 loans, including Brownfields Economic Development Initiative (BED[)
grants
4. U.S. Department of Commerce Economic Development Administration (EDA)
5. U.S. Environmental Protection Agency (EPA) Brownfields Program, including Targeted
Assessments, Supplemental Pilot Program, and Brownfields Revolving Loan Fund
6. U.S. Small Business Administration 7(a), 504, and Microenterprise programs
7. New Markets Tax Credits Program
8. Federal Home Loan Bank Community Investment Program
9. Rehabilitation Tax Credits (Historic Tax Credits)
10. Low -Income Housing Tax Credits (LIHTC)
F. The Contractor shall provide additional assistance to the Client when requested to:
1. Attend meetings with developers, private lenders, Federal and State officials and others.
2. Work with State and Federal officials to insure their continued support and assistance to
the City's programs and projects.
3. Assist in modification of grant agreements and loan documentation as well as work to
insure approval of such modifications by authorizing agencies.
4. Assist in the negotiations of terms and repayments on financing programs.
S. Inform staff of changes in Federal and State programs in a timely fashion.
G. Technical Assistance is defined to also include training in the development of financing tools,
financing analysis skills, loan programs and packaging requirements in both housing and
economic development with the goal of building the capacity of the Client's staff to analyze
projects and utilize public and private financing tools.
H. Assistance to the Client in marketing, developing and maintaining the commitment of lending
institutions, developers, federal state and local government officials and community groups to
the Client's redevelopment plans and/or specific projects. Assistance shall include but not be
limited to the following, upon request:
1. Attend briefings with lending institutions and potential applicants to explain the Client's
economic development, small business and housing financing programs.
2. Make formal presentations to professional organizations of lending institutions, lawyers,
accountants, architects, developers, etc.
3. Attend other meetings and conduct other presentations (including preparation of
necessary presentation materials) as requested by the Client.
I. Where applicable and upon request by the Client, NDC shall make available to the Client, and/or
developers selected by the Client, programs and associated financial products administered by
NDC. NDC may assess additional fees for such programs if it is NDC's policy to charge such fees.
Such programs may include, but are not limited to:
1. SBA 7(a) loan Guarantee Program (Grow American Loan Fund)
2. Low Income Housing Tax Credit syndication services (Corporate Equity Fund)
3. Rehabilitation (Historic) Tax Credit syndication services (Corporate Equity Fund)
4. New Markets Tax Credits (Housing and Economic Development Corp.)
5. Renewable Energy Production Tax Credit and Loan Guarantee Program
6. Distressed Properties Program
J. As requested by the Client, NDC shall provide a report summarizing its technical assistance
activities on behalf of the Client and the accomplishments associated with these services.
'r 1 CITY OF IOWA CIT
- (7)
r� COUNCIL ACTION REPO 3d
January 16, 2018
Resolution authorizing the City Manager to execute an agreement
between the city and National Development Council regarding community
and economic development advisement
Prepared By: Wendy Ford
Reviewed By: Simon Andrew, Assistant to the City Manager
Fiscal Impact: $75,000 ($6,250/mo) for one year contract
Recommendations: Staff: Approval
Commission: N/A
Attachments: Contract and resolution
Executive Summary:
Since 2010, the City has contracted with the non-profit National Development Council (NDC) to
help structure finance packages for numerous development projects. NDC's expertise comes in
part from working with communities across the nation. They assist in financial gap analysis
designed to ensure that financial structures are sound and that developer equity and debt are
maximized if public funds are sought. These skills are highly technical, critical and rare. In our
opinion, there is no other non-profit organization with a matching width and breadth of expertise.
Background / Analysis:
On July 12, 2010 City Council passed a resolution approving a 2 -year contract with NDC that
was extended to January 2014. In January 2014 and January 2016, Council also approved
contracts, the most recent of which expires January 19, 2018. Since 2010, the contract has
included 12 two-day visits per year. To reduce costs in 2018, staff has negotiated 6 two-day visits
and monthly conference calls between the visits. NDC's guarantees the same level of attention
each month while saving travel costs associated with 6 on-site visits. In 2017, the annual contract
cost with 12 on-site visits was $83,538; for 2018, with 6 on-site visits, the contract cost will be
$75,000.
NDC works with the City to analyze housing, economic development and community
development projects. They assist the City in meeting with owners, lenders, and development
professionals to sort through the cost components of development projects and provide financial
analysis on the strength of a project and a recommendation regarding use of public funds. To
date, NDC has assisted in the financial analysis of projects involving more than $40 million in tax
increment financing commitments.
In 2017, NDC assisted in the financial analysis of Augusta Place and Hieronymus Square
projects. Among other projects in 2016, NDC assisted by providing examples of affordable
housing programs in other communities and helping develop the basis for an appropriate fee in
r ' CITY OF IOWA CITY
-r� COUNCIL ACTION REPORT
lieu policy -- a payment in lieu of providing on site affordable housing. This year, NDC will review
the fee in lieu based on updated data.
NDC is the oldest national non-profit and only community development organization that provides
a full range of services vital to successful economic and housing development. Its expertise is in
assisting cities to facilitate and develop financing strategies for local community and economic
development projects. They are knowledgeable and experienced with financing options available
to cities such as Low -Income Housing Tax Credits, New Markets Tax Credits, public/private
partnerships, 501(c)(3) tax-exempt bonds, SBA loans, and tax increment financing. It is because
of the unique qualities and expertise that NDC offers that the City has used the Sole Source
Procurement process.
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB17-00017)
Resolution No. 18-20
Resolution Approving Final Plat Of
West Side Estates Phase One, Iowa City, Iowa.
Whereas, the owner, S & J Development, LLP, filed with the City Clerk the final plat of West Side
Estates Phase One, Iowa City, Iowa, Johnson County, Iowa; and
Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson
County, Iowa, to wit:
AUDITOR'S PARCEL 2017096, AND A PORTION OF AUDITOR'S PARCEL
2017097 LYING WITHIN A PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER AND A PORTION OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER, BOTH OF SECTION 13, AND A PORTION OF
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND A
PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER,
BOTH OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF
THE FIFTH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS
FOLLOWS:
Beginning at the Southerly most Corner of Country Club Estates Third Addition, to
Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 54 at
Page 221 of the Records of the Johnson County Recorder's Office, and the
Southeast Corner of Auditor's Parcel 2017097, in accordance with the Plat thereof
Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County
Recorder's Office; Thence S58042'24"W, along the South Line of said Auditor's
Parcel 2017097, a distance of 111.34 feet; Thence S58°29'36"W, along said
Southerly Line, 740.05 feet; Thence N31°30'24"W, 168.00 feet; thence
N24035'25"W, 95.00 feet; Thence N18°43'22"W, 130.00 feet; Thence
Southwesterly 34.86 feet along a 1720.00 foot radius curve, concave
Northwesterly, whose 34.86 foot chord bears S71°51'28"W; thence N17033'42"W,
185.49 feet; Thence S71°25'19"W, 9.19 feet; Thence N17°13'08"W, 123.70 feet;
Thence Southwesterly 1.92 feet, along a 1411.00 foot radius curve, concave
Northwesterly, whose 1.92 foot chord bears S72°49'13"W; Thence N17°08'27"W,
188.90 feet, to a Point on the South Line of said Country Club Estates Third
Addition; Thence N69°45'38"E, along said South Line, 76.89 feet; Thence
N63015'46"E, along said South Line, 112.85 feet, to the Northwest Corner of
Auditor's Parcel 2017096, in accordance with the Plat thereof Recorded in Plat
Book 61 at Page 213 of the Records of the Johnson County Recorder's Office;
Thence N62°34'51"E, along the North Line of said Auditor's Parcel 2017096, a
distance of 44.93 feet, to the Northeast Corner thereof and a Point on the South
Line of said Country Club Estates Third Addition; Thence N63002'32"E, along said
South Line, 147.73 feet; Thence N71029'03"E, along said South Line, 100.86 feet;
Thence S85°39'08"E, along said South Line, 101.05 feet; Thence N70015'16"E,
along said South Line, 50.18 feet; Thence S47°19'51"E, along said South Line,
308.97 feet; Thence S45°10'38"E, along said South Line, 60.00 feet; Thence
S48059'09"E, along said South Line, 93.04 feet; Thence S30°47'23"E, along said
South Line, 306.87 feet, to the Point of Beginning. Said Westside Estates Phase
One contains 14.88 Acres, and is subject to easements and restrictions of record.
Whereas, the Neighborhood and Development Services Department and the Public Works
Resolution No. 18-20
Page 2
Department examined the proposed final plat and subdivision, and recommended approval; and
Whereas, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (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:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the owner,
Passed and approved this 16th day of January _'2018.
Ma or
Approved by
Attest 2.0 e G ti_ Tnn ai / arm
City Clerk City Attorney's
It was moved by Taylor and seconded by Botchway the Resolution be
adopted, and upon roll call there were:
Ayes:
0
pcd/templates/SU017-00017 Final Plat - Resolatica,do doc
Nays:
Absent:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
To: City Council
Item: SUB17-00017
West Side Estates, Phase One
GENERAL INFORMATION:
01-16-18
3d(8)
STAFF REPORT
Prepared by: Sylvia Bochner, Planning Intern
Date: January 16, 2018
Applicant: Watts Group Construction
425 E. Oakdale Blvd. Suite 101
Coralville, IA 52241
319-665-9200
adam@wattsgroup.co
Contact Person: Duane Musser
1917 S. Gilbert Street
Iowa City, IA 52240
319-351-8282
d.m usser(a)m msconsultants. net
Property Owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
60 Day Limitation Period:
S & J Development, LLP
2231 E. 451 Street
Davenport, IA 52807
319-936-6839
speerhere@mchsi.com
Final plat approval
To allow for a 42 -lot residential subdivision
North of Rohret Road and west of Lake Shore Drive
14.88 acres
Undeveloped, RS -5
North:
Residential, OPD -5
South:
Residential (County R and AR)
East:
Residential, RS -5
West:
Agricultural (County A)
Southwest District Plan
SW5 Hunters Run
December 20. 2017
February 18, 2018
2
BACKGROUND INFORMATION:
The applicant, Watts Group Construction, has submitted a final plat for West Side Estates, a 42 -
lot, 14.88 acre residential subdivision located north of Rohret Road and west of Lake Shore Drive.
A preliminary plat for this subdivision was approved in September 2017 as Country Club Estates
Seventh Addition. Although the name has changed, the design of the subdivision has not been
altered. This final plat is for phase 1 of the development and includes 42 single-family residential
lots.
ANALYSIS:
The lot size, lot boundaries, street layout, and total acreage of the final plat of West Side Estates
is in general compliance with the approved preliminary plat for County Club Estates Seventh
Addition. Legal papers and construction plans are currently being reviewed by staff. It is
anticipated that these documents will be approved prior to the January 16 Council meeting.
Neighborhood Open Space: During a previous phase of County Club Estates, approximately 4.7
acres were dedicated for parkland. This dedication was intended to provide open space for future
phases of Country Club Estates, including the area in the West Side Estates subdivision. No
additional open space fees will be required.
Infrastructure Fees: A water main extension fee of $435 per acre applies to this subdivision.
Payment of this fee will need to be addressed in the legal papers.
As part of a Conditional Zoning Agreement, the applicant has agreed to enter into a subdivider's
agreement with the City for the installation of Rohret Road as a public improvement to the first
street that will serve the development (Sedona Street). The applicant has also agreed that, prior to
the issuance of a building permit, the Developer shall pay 50% of the cost of improving Rohret
Road to the western city limits as determined by the City Engineer. These requirements will need
to be addressed in the legal papers.
STAFF RECOMMENDATION:
Staff recommends approval of SUB17-00017
lot, 14.88 -acre residential subdivision located
subject to approval of construction drawings
Attorney.
ATTACHMENTS:
1. Location Map
2. Final plat
Approved by: JAY
Tracy Hightshoe, Director
Department of Neighborhi
P=Sta@ Reports\sub17-00017 west side estates.dou
the final plat of West Side Estates Phase 1, a 42-
north of Rohret Road and west of Lake Shore Drive
and legal papers by the City Engineer and City
Development Services
N
0 0.0425 0.085 0.17 Miles
SUB17-00017 S
West Side Estates
Prepared By: Sylvia Bochner
Dare Prepared: January 2018
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Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5436
Resolution No. 18-21
Resolution setting a public hearing on February 6, 2018 on
plans, specifications, form of contract, and estimate of cost for
the construction of the Riverfront Crossings Park, Phase 3
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 Riverfront Crossings Riverbank/Park
Development account # R4185.
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 6"' day of February, 2018,
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 16th day of January '2018
mavol
Approved by
Attest _ -e�C �� ti � IwKrvA
City Clerk City Attorney's Office4 1/4
It was moved by Taylor and seconded by sotchway the Resolution be
adopted, and upon roll call there were:
Ayes:
M
Nays:
Absent:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
r 1 CITY OF IOWA C
COUNCIL ACTION REP=
January 16, 2018
Resolution setting a public hearing on February 6, 2018 on plans,
specifications, form of contract, and estimate of cost for the construction of
the Riverfront Crossings Park, Phase 3 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:
Juli Seydell Johnson - Parks & Recreation Director
Reviewed By:
Ben Clark - Senior Civil Engineer, Sue Dulek - Assistant City Attorney
Jason Havel - City Engineer, Ron Knoche - Public Works Director
Geoff Fruin - City Manager, Dennis Bockenstedt - Finance Director
Fiscal Impact:
The estimated cost of construction is $1,200,000 and will be funded with
GO Bonds.
Recommendations:
Staff: Approval
Commission: Park Commission reviewed project master plan and
recommended approval on December 14, 2016
Attachments:
Resolution
Executive Summary:
This agenda item begins the bidding process for the Riverfront Crossings, Phase 3 Project.
Phase 3 includes two restroom/shelter buildings, park electrical and lighting, and park
signage.
Background / Analysis:
Riverfront Crossings Park, is located at the site of the City's decommissioned North
Wastewater Treatment Plant. In an effort to move critical infrastructure facilities out of the
floodplain after the major flood event in 2008, the City secured funding through the Iowa
Flood Mitigation Program to decommission and demolish the City's North Wastewater
Treatment Plant (WWTP) and convert the area into a new riverfront park. The
approximately 25 -acre park site is located on the banks of the Iowa River. The City -owned
portion of the site (approximately 17 acres) has been cleared of the wastewater treatment
plant in preparation for future park development.
The goal of the Riverfront Crossings Park is to transform the riverside area into a new flood
resilient park that includes walkable/bikeable connections from urban areas to the river and
enhance Ralston Creek to become a community asset. Phase 1 included creation of a five -
acre wetland, undergrounding of overhead power lines, grading of the site in preparation for
future park amenities, construction of trails in the park including a new connection to Gilbert
Street along Highway 6, a bridge crossing of Ralston Creek at 2n1 Street, a north entrance
and parking area. A contract for construction of Phase 1 was awarded to PCI on June 6,
2017. Construction began in June 2017 and is expected to be complete in early spring 2018.
t
r CITY OF IOWA CITY
-r �� COUNCIL ACTION REPORT
Phase 2 is the Nature Play Area includes a slide, swings, dual zip line, "Explorer Path",
tumble mound and creek access. A $154,300 Federal Land and Water Conservation Fund
grant, a $50,000 Disney/National Recreation & Park Foundation Grant, and approximately
$20,000 in donations have been received for this phase. The contract was awarded to Tri -
Con Construction and work is expected to take place in early spring 2018.
Phase 3 continues to add user amenities to the park:
• Two combination restroom/park shelter structures.
• Electrical service to the park, including accommodating performances and special
events on the open lawn event space.
• Park and trail lighting.
• Park signage - Entrance, directional, interpretive and donor recognition signage.
Project Timeline for Phase 3:
Set Public Hearing - January 16, 2018
Hold Public Hearing - February 6, 2018
Bid Letting - February 28, 2018
Award Date - March 6, 2018
Construction Start - March 2018
Anticipated Completion - July 2018
Riverfront Crossings Park - Restroom and Shelter
Prepared by: Jonathan Durst, Assistant Water Superintendent, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5169
Resolution No. 18-22
Resolution setting a public hearing on February 6, 2018 on
plans, specifications, form of contract, and estimate of cost for
the construction of the 2018 Roof Improvements — Water
Treatment Plant & Water Distribution Facility Project, directing
the 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 Water Distribution Building Repairs
account #W3309 and Water Plant Roof Replacement account #W3310.
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 6t' day of February 2018,
at 7:00 p.m. in the Emma J. Harvat Hall, City Hail, 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 1 6tb day of January _'2018
Ma or
Approved by
Attest: a%14_
City Clerk City Attorney's Office 1111/0
It was moved by Taylor and seconded by Botchway the Resolution be
adopted, and upon roll call there were:
Ayes:
KA
Nays:
Absent:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
r 1 CITY OF IOWA CI
-r� COUNCIL ACTION REPO 3e(5)
January 16, 2018
Resolution setting a public hearing on February 6, 2018 on plans,
specifications, form of contract, and estimate of cost for the construction of
the 2018 Roof Improvements — Water Treatment Plant & Water
Distribution Facility Project, directing the City Clerk to publish notice of
said hearing, and directing the City Engineer to place said plans on file for
public inspection.
Prepared By: Jon Durst—Assistant Water Superintendent
Reviewed By: Scott Sovers — Senior Civil Engineer, Jason Havel — City Engineer,
Ron Knoche — Public Works Director, Geoff Fruin — City Manager
Fiscal Impact: $560,000 available in projects #W3309 —Water Distribution Building
Repairs and #W3310 Water Plant Roof Replacement
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution, Agreement
Executive Summary:
This agenda item begins the bidding process for the 2018 Roof Improvements — Water
Treatment Plant & Water Distribution Facility Project. This project generally includes the
replacement of portions of the existing membrane roof on the water treatment plant and repairs
to the existing water distribution facility metal roofing.
Background / Analysis:
The existing water treatment plant roof is a combination of ballasted membrane and adhered
membrane on five distinct roof segments. The ballasted membrane, essentially an
impermeable layer held down by a layer of rock (i.e. ballast), has shown signs of settling and
wear by the need for numerous patches and standing water after rain events. Furthermore,
the membrane ballast has accumulated in areas due to wind and previous patches that
required raking the rock out-of-the-way. Movement of the ballast allows the membrane to
flutter, creating waves in the membrane. The roof sections covered by an adhered
membrane without ballast also show signs of settling and wear, as well as shrinkage due to
UV degradation. These conditions require sections, if not all, of the roof membrane to be
replaced.
The existing water distribution facility roof is a sheet metal roof of unknown age. The facility
itself is a steel frame, steel clad building. The designed repairs to the metal roof include fixing
previous patches, making new patches, straightening bent metal, and providing a roller
applied top coating.
Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 3565044
Resolution No. 18-23
Resolution approving plans, specifications, form of agreement,
and estimate of cost for the construction of the Iowa City Public
Housing Roofing and Siding 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 the account # Q0001.
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 13th day of
February, 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 20th day of February, 2018, or at a special meeting called
for that purpose.
Passed and approved this 16th day of January 2018.
M or
Aproved by
Ap
Attest r
C1
Clerk City Attorneys Office g /�B
Resolution No. 18-23
Page 2
It was moved by Botchway and seconded by ,Taylor.. the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
Prepared by: Eleanor Dilkes, City Attorney, 410 E Washington St Iowa City IA 52240 356-5030
RESOLUTION NO. 18-24
Resolution Declaring the City's Support of and Participation in the University
of Iowa's "Climate for Change" Sustainability Theme Semester
Whereas, the City of Iowa City and the University of Iowa have partnered on several past
Theme Semester activities and have decided to establish a meaningful cooperative effort for the
2018 Spring semester and beyond; and,
Whereas, both the City and University have a vested interest in cooperatively taking measures
to adapt our infrastructure and behavior to changes in our region's climate; and,
Whereas, "Climate for Change" is the University's Selected Theme for the 2018 Spring
Semester; and,
Whereas, as the City continues to finalize the Climate Action and Adaptation Plan and adopt a
variety of other sustainability projects and programs, the timing of the University's selected
Theme is well-suited for a partnership; and,
Whereas, as a participant in the 2017 Mayor's Institute on City Design, Mayor Throgmorton
gathered recommendations for transforming the riverfront for best and highest community and
campus use; and,
Whereas, the "Climate for Change" Theme includes an emphasis on addressing the past,
present and future use of the Iowa River as a vital community resource and economic
development driver; the City will focus its efforts on locations within the river corridor from
Waterworks Prairie Park in the north to Terry Trueblood Park in the south.
Now, therefore, be it resolved by the City Council of the City of Iowa City:
1. The Council joins the University of Iowa in Kicking off its Sustainability Theme 2018
Spring Semester, and calls upon the businesses and people of Iowa City as well as students,
faculty, and staff at the University to celebrate the theme of, "Climate for Change".
2. The City will focus its participation in "Climate for Change" on addressing the past,
present and future use of the Iowa River as a vital community resource and economic
development driver.
Passed and approved this 16th day of January 2018.
MAyor
roved by
ATTEST: 2C Cc C t S L
Ci Clerk � City Attorney's Office
Resolution No. 18-24
Page 2
It was moved by Botchway and seconded by Thomas the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
W-JOWN-5
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
I r 1CITY O F IOWA C I T 01-16-18
-ric
COUNCIL ACTION REPO
January 16, 2018
Resolution to approve a joint declaration kicking off the University of Iowa's
"Climate for Change" Sustainability Theme Semester
Prepared By: Ashley Monroe, Assistant City Manager
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff. Approval
Commission: N/A
Attachments: Resolution, Joint Declaration
Executive Summary:
The joint declaration celebrates the 2018 University of Iowa Spring Theme Semester, "Climate
for Change". As part of the 2018 Theme Semester, local projects and activities taking place
over the nextfive months will focus upon environmental sustainability and tying togethervarious
elements along the Iowa River corridor. Passage of this resolution calls upon the businesses
and people of Iowa City as well as students, faculty, and staff at the University to participate in
joint projects and programs in celebration of the imminent Theme Semester.
Background / Analysis:
The City and the University of Iowa have partnered on several past Theme Semester activities
and have decided to establish a meaningful cooperative effort for this school semester and
beyond. Both the City and University have a vested interest in cooperatively taking measures
to adapt our infrastructure and behavior to changes in our region's climate. As the City
continues to finalize the Climate Action and Adaptation Plan and adopt a variety of other
sustainability projects and programs, the timing of the University's selected Theme is well-
suited for a partnership. The joint declaration calls upon the businesses and people of Iowa City
as well as students, faculty, and staff at the University to celebrate the theme of, "Climate for
Change".
Additionally, specific emphasis will be placed upon addressing the past, present and future use
of the Iowa River as a vital community resource and economic development driver. Projects
concentrated within the river corridor will be focused in locations from Waterworks Prairie Park
in the north to Terry Trueblood Park in the south. As he attended the 2017 Mayors Institute on
City Design, Mayor Throgmorton gathered recommendations for transforming the riverfront for
best and highest community and campus use. Some of these strategies could serve as a basis
for further cooperation on Theme Semester efforts.
�7
December 21, 2017
Joint Declaration Kicking off the University of Iowa's
Sustainability Theme Semester
Iowa City and The University of Iowa jointly recognize that our efforts to inhabit and develop
the University and the city must meet the needs of the present without compromising the ability of
future generations to meet their needs.
This requires that we must take actions that will simultaneously produce and sustain a healthy
environment, ensure economic vitality, and enable that vitality to be shared equitably.
Achieving this kind of sustainability requires knowledge about the relationship between humans
and the natural world — especially about the effects of human actions on global and regional climates —
and commitment to ensuring that costs, risks, and benefits of human action are shared equitably.
We, therefore, jointly call upon students, faculty, and staff at the University, as well as the
businesses and people of Iowa City, to commit their intellect, creativity, and practical skills toward
considering how we — the University and the city — can ensure that our community and university
develop sustainably for all of us both now and in the future.
In the spirit of this call, we jointly commit the university's theme semester to a local project that
will tie together various elements along the Iowa River corridor in Iowa City from Water Prairie Park in
the north to Terry Trueblood Park in the south. This project will acknowledge and celebrate the various
historical factors that have shaped current human use along the river, respond creatively to challenges
and opportunities in specific locations along the river, adapt to changes in the region's climate by
making the areas adjacent to the river more resilient to future flooding, and use the river as a catalyst for
future community and economic development that exemplify and fulfill the sustainability values and
principles we jointly hold in high regard.
Late Handouts Distributed
(Date)
JBH Edit of JT Draft December 21, 2017
Joint Declaration Kicking off the University of
Sustainability Theme Semester
Iowa City and the University of Iowa jointly recognize th our efforts to inhabit and
develop the univ sity and the city must meet the needs of th present without compromising the
ability of future gene ations to meet their own needs.
This requires tha we must take actions that w' I simultaneously produce and sustain a
healthy environment, ensureconomic vitalit7uirc
enable that vitality to be shared equitably.
Achieving this kind of stainability rs knowledge about the relationship between
humans and the natural
regional climates—and commiTtnsuriraction are shared equitably.
We therefore jointly calbusinesses and people of Iowa
the effects of human actions on global and
that the costs, risks, and benefits of human
toward considering how we—/the university and the
and staff at the university, as well as the
intellect, creativity, and practical skills
cchy—can ensure that this place develops
sustainably and proves to 4 good on the ground for all Of\us, both now and in the future.
In the spirit of this; call, we jointly commit to a local Xroject that would tie together
various elements along(the Iowa River corridor in Iowa City frog Water Prairie Park in the north
to Terry Trueblood ark in the south. This project will acknowled\catively
brate the various
factors that have s aped current human use along the river, responto specific
challenges and o portunities in specific locations along the river, anges in the region's
climate by ma ng the areas adjacent to the river more resilient toding, and use the
river as a ca4yst for community and economic activities and development tha\exemplify and
fulfill the v�lues and principles of sustainability.
Prepared by: Kellie Fruehling, 410 E. Washington St., Iowa City, IA 52240-319-356-5040
RESOLUTION NO. 18-25
RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING,
CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP
BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO
THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER
AS PROPERTY TAXES.
WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the
amount to be assessed against certain lots for the actual unpaid abatement costs of mowing,
cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same
manner as property taxes;
WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by
this reference;
WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property
said abatement costs in the same manner as property taxes; and
WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a
written notice of the date and time of the public hearing on the adoption of said assessment
schedule, in substantially the same form attached hereto as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1).
The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow
removal charges, sidewalk repair charges and stop box repair charges are confirmed and levied
against the properties listed in Exhibit A.
All unpaid assessments not paid within thirty (30) days after the first publication of the final
assessment schedule shall bear interest at the rate of 9% per annum, commencing on March 5,
2018.
Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City,
Iowa. Until March 2, 2018 payment may be made at the City Clerk, 410 E. Washington Street,
Iowa City, Iowa.
The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer
of Johnson County, Iowa for collection in the same manner as property taxes. The assessment
cannot be paid in installments.
The City Clerk is further directed to publish notice of the schedule once each week for two
consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which
shall be not more than fifteen (15) days from the date of filing of the final assessment schedule.
Passed and approved this 16th day of January '2018.
ATTEST
City Clerk
Approv by
City Attorney/s office
It was moved by Mims and seconded by Botchway the Resolution be
adopted, and upon roll call there was:
AYES:
NAYS: ABSENT:
x
Botchway
x
Cole
x
Mims
x
Salih
x
Taylor
Thomas
x
Throgmorton
CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PRDPERTY CLEANUP
2434 Aster Ave IWHISPEPJNG MEADOWS SUBDIVISION PART DNE LDT 20 1029331010 3'109,890.00 HOWARD, EDWFANAA Sidewalk Repair Summer 2017
$153.00 f 53387 Ai sa nn
2227 California Ave IFAIR MEADOWS ADDifION 3RD UNIT LOT 6 8LK 12 1023194003 $92,770.00 ROMewalkAINE, HENRY FRANK SidRepair Summer 2017
$105.00 53394 %1n.5 nn
11 1 1024353001 1 $128660.00 JMWANGI, TERESIAH N I Sidewalk Repair I Summer 2017
Dear Property Owner:
This is to notify you that the City Council will be considering a resolution on January 16,
2018 that will assess against your property the cost that the City has incurred to do one
of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair,
or stop box repair charges. Enclosed for your information is a copy of the bill. If the
City Council approves the assessment against your property, the amount will be
collected by the Johnson County Treasurer in the same manner as a property tax.
If you pay the amount due in full before the City Council meeting, the resolution will not
include an assessment against your property. You can make the payment by mailing
or coming in person to the City Clerks office, 410 East Washington Street,
between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the
amount is not paid within the specified 30 days, interest will accrue at a rate set by the
City Council.
If you have any questions about the resolution, please contact my office at 356-5041.
Sincerely,
Kellie K. Fruehling
City Clerk
Enc.
Copy to: Accounting Division-w/enc.
EXHIBIT B
CITY OF IOWA CITY
410 East Washington Street
Iowa CRY, Iowa 52240-1x26
January 9, 2018
(319) 356-5000
(319) 356-5009 FAX
www. ICgov.org
«Property_Owner>>
«Mailing_ Address»
«City>>, «State», <<Zip»
Dear Property Owner:
This is to notify you that the City Council will be considering a resolution on January 16,
2018 that will assess against your property the cost that the City has incurred to do one
of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair,
or stop box repair charges. Enclosed for your information is a copy of the bill. If the
City Council approves the assessment against your property, the amount will be
collected by the Johnson County Treasurer in the same manner as a property tax.
If you pay the amount due in full before the City Council meeting, the resolution will not
include an assessment against your property. You can make the payment by mailing
or coming in person to the City Clerks office, 410 East Washington Street,
between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the
amount is not paid within the specified 30 days, interest will accrue at a rate set by the
City Council.
If you have any questions about the resolution, please contact my office at 356-5041.
Sincerely,
Kellie K. Fruehling
City Clerk
Enc.
Copy to: Accounting Division-w/enc.
r 1CITY OF IOWA CI
�r �� COUNCIL ACTION REPO °'_$_,°
January 16, 2018
Resolution adopting an assessment schedule of unpaid mowing, clean-up
of property, snow removal, sidewalk repair, and stop box repair charges
and directing the Clerk to certify the same to the Johnson County
Treasurer for collection in the same manner as property taxes.
Prepared By: Kellie Fruehling, City Clerk
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution w/ Exhibits A and B
Executive Summary:
This resolution is to adopt an assessment schedule for unpaid mowing, property clean-up,
snow removal, sidewalk repair, and stop box repair.
Background / Analysis:
The City has the authority under Iowa Code §364.13B to assess the nuisance abatement costs
in the same manner as a property tax. This resolution allows the City Clerk to certify to the
Johnson County Treasurer the abatement cost to be assessed against the property. This
assessment is being pursued only after the City took many steps to resolve the matter. The
City notified the homeowners to abate the nuisance (for example, to remove snow from the
sidewalk) and after the homeowner did not take action to abate the nuisance, the City abated
the nuisance and billed the owner. After being billed at least twice, these owners still have not
paid the abatement costs. The City has sent a letter to the homeowner giving them notice that
this resolution would be on the agenda, a copy of which is attached to the resolution. No interest
will be charged if the owner pays within 30 days of the first required publication. Attached as
an exhibit to the resolution is a list of the properties that will be assessed and the amount that
will be assessed.
EXHIBIT A
CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP
Mo
128 Regal Lane \JLAKESIDE ADDITION LOT 69 1 1023476011 1 $127,710.00 (BAILEY, ZACHARY R ( Sidewalk Repair I Summer 2017 1 4153.00 ( 53414 1 4.00
T
ALAN D I Sidewalk Repair ( Summer 2017
53405
J12434 Aster Ave WHISPERING MEADOWS SUBb 116SION PART ONE LOT 20 1 1024331010 1 $109,890.00 HOWARD, EDWEANA A Sidewalk Re Summer 2017 $153.00 53387 $153.00
2258 Russell Or
HOLLYWOOD MANOR ADDITION P LOT 204 IXC THA
PART DESC IN BK 1538 PG 123
1023282013
$147,720.00
JARRIN, JORGE M
Sidewalk Repair
Summer 2017
$153,00
53418
$1$3,00
2519 Aster Ave
1814 Holtywood
Blvd
MOUNT PROSPECT ADDITION PART 4 LOT 167
1023126013
$151,980.00
PHO, DAN N J
--
Sidewalk RePair
Summer 2017
$153.00
53402
$153.00
2227 Celilomla Ave
FAIR MEADOWS ADDITION 3RD UNIT LOT 6 BLK 12
1 194003
$92,770.00
R NE, HENRY FRANK
Sidewalk Repair
Summer 2017
$105.00
53394
$105.00
1545 Wetherby Dr
IHOLLYWOOD MANOR PART 7 LOT 28
102330801 $154.200 SAYLOR, BRIAN P Sidewalk Repmk Summer 2017 315.i On Iv%& R t1Ka m
POPE, ERIC B; POPE,
12251st Ave EAST IOWA CITY LOT 3 BLK 9 IXC S 10' 1014409006 1 $201,450.00 JACQUELYN F Properly C up 8/25/2017
$83.00 52443 $83.00
IOWA CITY (ORIGINAL TOWN) COM 40'W OF NE COR LOT
1
WAHOME, JAMES M;
I
I
2519 Aster Ave
WHISPERING MEADOWS SUBDIVISION PART ONE LOT it
1024353001
$128,880.
MWANGI, TERESIAH N
Sidewalk Repair
Summer 2017
$178.00
53388
$178.00
POPE, ERIC B; POPE,
12251st Ave EAST IOWA CITY LOT 3 BLK 9 IXC S 10' 1014409006 1 $201,450.00 JACQUELYN F Properly C up 8/25/2017
$83.00 52443 $83.00
IOWA CITY (ORIGINAL TOWN) COM 40'W OF NE COR LOT
2 BLK 68; S 150'; E 15'; N 30'; NE TO PT 70' S OF NE CDR
LOT 2; N 70'; W 40' TO POB &INCL THAT PART OF
223 Bkwmington
DRIVEWAY DESC AS AUDITORS PARCEL #2012100 IN
LEICHTY, QAREN
Sheet
SURVEY BK 57 PG 119
1010288019
$227,490.00
LEICHTY, JULIE tl Pmpery Cleanup
8/25/2017
$83.00
52339
E83.00
POPE, ERIC B; POPE,
12251st Ave EAST IOWA CITY LOT 3 BLK 9 IXC S 10' 1014409006 1 $201,450.00 JACQUELYN F Properly C up 8/25/2017
$83.00 52443 $83.00
EXHIBIT A
CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP
28 Regal Lane
LAKESIDE ADDITION LOT 6N
1 1023476011
1 $127,710.00
IBAILEY, ZACHARY R
I Sidewalk Repair
Summer 2037
$153 53414
$153.00
JAMES M;T
Blvd
MOUNT PROSPECT ADDITION PART 9 LOT 167
1023126013
$151,980.00
PHO, DAN N
Sidewalk Repair
Summer 2017
$153.00
2113 Union Rd
FAIR MEADOWS ADDITION 4TH UN LOT 15 BLK 11
1 1023198005
$109,260.00
ICHAPMAN, THOMAS W
I Sidewalk Repair
Summer 2017
$153.00 53424
$153.00
FAIR MEADOWS ADDITION 3RD UNIT LOT 6 BLK 12
1023194003
1 $9 70.00
R RINE, HENRY FRANK I
Sidewalk Repair
Summer 2017
$105.00
53394
$105 00
o ywoo
BNd
RPLT FT OF UNITS 1-3 FAIR MEADOWS ADD L T 10
1023184004
$120,670.00
FEAGINS, ALAN D
Sidewalk Repair
mmer 2017
$306,00
53405
8306.00
12434 Aster Ave WHISPERING MEADOWS SUBDMSION PART ONE LOT 20 102 1010 I $109,890.00 I HOWARD, EDWEANAAVSil Repair Summer 2017 §153.00 53387 $153.00
1814 Hollywood
=WWAHME,
JAMES M;T
Blvd
MOUNT PROSPECT ADDITION PART 9 LOT 167
1023126013
$151,980.00
PHO, DAN N
Sidewalk Repair
Summer 2017
$153.00
53402
$153.00
ONE
LO11
10243530012519
$12GI,
TERESIAH N
2227 Carrfomia Ave
FAIR MEADOWS ADDITION 3RD UNIT LOT 6 BLK 12
1023194003
1 $9 70.00
R RINE, HENRY FRANK I
Sidewalk Repair
Summer 2017
$105.00
53394
$105 00
POP ERIC B; POPE,
1225 1st Ave FAST IOWA CITY LOT 3 BLK 9 IXC 5 10' 1014409006 $201,450.00 JACQU YN F Property Cleanup 812512017 $83.00 52443 $83.00
Late Handouts Distributed
—.14� ie)
(Date)
=WWAHME,
JAMES M;T
I
Aster Ave
WHISPERING
MEADOWS
SUBDIVISION PART
ONE
LO11
10243530012519
$12GI,
TERESIAH N
Sidewalk Repair
Summer 2017
$178.00
53388
$178.00
POP ERIC B; POPE,
1225 1st Ave FAST IOWA CITY LOT 3 BLK 9 IXC 5 10' 1014409006 $201,450.00 JACQU YN F Property Cleanup 812512017 $83.00 52443 $83.00
Late Handouts Distributed
—.14� ie)
(Date)