The URL can be used to link to this page

Home My WebLink About2020-01-21 ResolutionItem Number: 7.b. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT January 21, 2020 Resolution amending the budgeted positions in the Government Buildings Division of the Parks and Recreation Department by deleting one full-time Senior Maintenance Worker — Government Buildings and amending the AFSCME and Administrative pay plans by deleting the position Senior Maintenance Worker — Government Buildings, grade 9 and adding the position Assistant Facilities Manager, grade 27. Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Karen Jennings, Human Resource Manager Dennis Bockenstedt, Finance Director Eric Goers, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: This change will result in an increase of between $11,914 and $31,960 Government Buildings FY20 budget depending upon the qualifications of the person hired to fill the new position. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: A recent retirement of a Senior Maintenance Worker - Government Buildings led to a review of division functions and needs. The duties and administrative responsibilities of the Facility Manager have grown to a point whereby the position of Assistant Manager is necessary for adequate supervision and management of the Government Buildings operations. The routine maintenance of the public buildings and attention to the back log of smaller projects will be increased with additional leadership provided by this changed position. Background /Analysis: The change to create an Assistant Facility Manager creates a leadership structure that will allow for additional evening and weekend coverage of staffing and building needs. The position will also oversee smaller repairs, contracts and projects throughout City facilities. Overall, the number of Government Building staff members in each facility will not change. The AFSME and Administrative Pay Plans will be amended by deleting one full-time Senior Maintenance Worker -Government Buildings position, AFSCME grade 9 and adding one full-time Assistant Facilities Manager position, Administrative grade 27. ATTACHMENTS: Description Resolution 1,10 Prepared by Jul! Seydell Johnson. 220 S. Gilbert St., Iowa City, IA 52240 (319) 3565104 Resolution Number 20-12 Resolution amending the budgeted positions in the Government Buildings Division of the Parks and Recreation Department by deleting one full-time Senior Maintenance Worker — Government Buildings and amending the AFSCME and Administrative pay plans by deleting the position Senior Maintenance Worker — Government Buildings, grade 9 and adding the position Assistant Facilities Manager, grade 27. Whereas, Resolution No. 19-79 adopted by the City Council on March 12, 2019, authorized budgeted positions in the Government Buildings Division of the Parks and Recreation Department for Fiscal Year 2020 which included the newly created position of Assistant Facilities Manager; and Whereas, Resolution No. 17-14, adopted by the City Council on January 2, 2017 established classification and compensation plans for AFSCME employees and for Administrative, Confidential, and Executive employees; and Whereas, the duties, responsibilities and requirements of the Assistant Facilities Manager position have been evaluated and grade 27 of the Administrative pay plan has been determined to be the appropriate classification; and Whereas, a recent retirement leaves an open Senior Maintenance Worker— Government Buildings position unfilled allowing division to assess needs. This assessment leads to the conclusion that the Senior Maintenance Worker position should be eliminated; and Whereas, the duties and administrative responsibilities of the Facilities Manager have grown to a point whereby the position of Assistant Facility Manager is necessary for adequate supervision and management of the Government Building custodial, maintenance and capital project operations; and Whereas, it is in the City's best interest to adopt this resolution. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The budgeted positions in the Government Buildings Division of the Parks and Recreation Department be amended by deleting one full-time Senior Maintenance Worker — Government Buildings position. The AFSCME pay plan be amended by deleting the position Senior Maintenance Worker — Govemment Buildings, grade 9. The Administrative, Confidential and Executive pay plan be amended by adding the position Assistant Facilities Manager, grade 27. Passed and approved this 21st day of January 2020 KA�A��( �� May Resolution No. 20-12 Page 2 Arby Attest: CoClerk City Attorney's Office It was moved by Salih adopted, and upon roll call there were: Ayes: and seconded by Mims the Resolution be Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 7.c. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT January 21, 2020 Resolution amending the budgeted positions in the City Manager's Office and Public Works and the AFSCME pay plan by deleting the position Public Information/Education Coordinator — Public Works and adding the position Climate Action Engagement Specialist to grade 12. Prepared By: Ashley Monroe, Assistant City Manager Karen Jennings, Human Resources Administrator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Approval of this resolution will remove the Public I nformation/Education Coordinator, grade 12 in the AFSCME pay plan, from the Public Works Department and add a Climate Action Engagement Specialist position, at grade 12, to the Climate Action and Outreach division within the City Manager's Office. This position will be responsible for community outreach, volunteer coordination, and communication support as they pertain to the City's climate action objectives. As public discussions with City Council and the Climate Action Commission evolved, it became clear that the City would benefit from someone to strengthen external community relationships and expand climate action outreach. Modification of the existing position to a role dedicated to engagement and messaging for climate action initiatives will fulfill this goal. Background /Analysis: In the Accelerating Iowa City's Climate Actions Report (100 Day Climate Report) issued on November 14, 2019, and during the presentation of the FY2021 budget, the City Manager presented a plan to establish a division of Climate Action and Outreach within the City Manager's Office. This proposal outlined a grouping of three staff within the proposed Division that will undertake activities to achieve the City's climate action goals. Staff recognized the desire from leadership and the community for amplified emphasis upon climate action education and initiatives. Therefore, hiring someone to lead this engagement is being pursued in a still -early stage of climate action implementation. The Public Information/Education Coordinator position will be shifted to the Climate Action and Outreach division in the City Manager's Office, and modified to meet organization needs for climate action. This resolution proposes only the modification of the Public I nformation/Education Coordinator and re -envisioning the role as an engagement specialist. The grade 12 position will move from the Public Works Department to the City Manager's Office. Other positions planned for the Climate Action and Outreach Division include a Climate Action Coordinator (previously known as Sustainability Coordinator), that will move from the Department of Neighborhood and Development Services, and a climate action "analyst" role to be proposed later this year. The skills and responsibilities necessary for the "analyst" position will be determined after the Climate Action Commission concludes their review of the 100 Day Report and City Council adopts the recommended report actions. At that time, changes required for the "analyst" position will be presented to Council for consideration. In the meantime, the Engagement Specialist will work alongside the Climate Action Coordinator to fulfill climate action initiatives. The Public Information/Education Coordinator position is currently unfilled. With approval of this resolution, staff will update the AFSCME pay plan to reflect the change and post the Climate Action Engagement Specialist position. ATTACHMENTS: Description Resolution Prepared by Ashley Monroe, Assistant City Manager, 410 E. Washington St., Iowa City, to 52240 (319) 356-5012 Resolution Number 20-13 Resolution amending the budgeted positions in the City Manager's Office and Public Works and the AFSCME pay plan by deleting the position Public Information/Education Coordinator — Public Works and adding the position Climate Action Engagement Specialist to grade 12. Whereas, Resolution No. 19-79 adopted by the City Council on March 12, 2019, authorized budgeted positions in the Engineering Division of the Public Works Department for Fiscal Year 2020; and Whereas, Resolution No. 17-14, adopted by the City Council on January 2, 2017 established a classification and compensation plan for AFSCME employees; and Whereas, the City Manager has proposed a division of Climate Action and Outreach to support community and Council goals of accelerating climate action; and Whereas, to achieve the City's climate action goals, a staff position focused upon building external community relationships and expanding climate action education and outreach efforts is necessary. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The budgeted positions in the Public Works Administration Division of the Public Works Department be amended by deleting one full-time Public Information/Education Coordinator — Public Works position. The budgeted positions in the Climate Action and Outreach division in the City Manager's Office Department be amended by adding one full-time Climate Action Engagement Specialist position. The AFSCME pay plan be amended by: 1. Deleting the position Public Information/Education Coordinator —Public Works, grade 12. 2. Adding the position Climate Action Engagement Specialist, grade 12. Passed and approved this 21st day of January 2020 Ma0b App ed by, r City Attorney's Office 1.G Resolution No. 20-13 Page 2 It was moved by _ Salih and seconded by adopted, and upon roll call there were: Ayes Nays: Mims the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 7.d. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT January 21, 2020 Resolution approving, authorizing, and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Barker Lemar Engineering Consultants, Inc., West Des Moines, Iowa to provide environmental compliance and engineering consultant services for the Iowa City Landfill and Recycling Center. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jen Jordan, Resource Management Superintendent Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $349,500, available in the Landfill Engineering Services Account #75750121 Recommendations: Staff: Approval 19TOT171u My •al 1111100 "T Attachments: Resolution Agreement Executive Summary: This agenda item approves the consultant agreement to provide ongoing environmental compliance and engineering services to comply with local, state, and federal regulations for the Iowa City Landfill and Recycling Centerfrom January 1, 2020 through June 30, 2024. Background /Analysis: The Landfill Facility operates according to the following permits: • Iowa Department of Natural Resources (DNR) Sanitary Disposal Project (SDP) Permit Number 52 -SDP -01-72P • DNR Title V Operating Permit, Air Quality Operating Permit Number 00 -TV -007R3 In addition to the requirements of these two permits, some regulatory requirements for the Facility are contained within 567, Environmental Protection Commission, of the Iowa Administrative Code (I AC). The Facility is also subject to certain federal regulations administrated by the United States Environmental Protection Agency (EPA). These regulations are under the Title 40, Protection of Environment, of the Code of Federal Regulations (CFR). As part of this project, Barker Lemar Engineering Consultants, Inc. (BLEC) will assist the City in environmental compliance and engineering services with local, state, and federal regulations, between January 1, 2020 and June 30, 2024. BLEC will perform the tasks: 1. Annual Water Quality Report (AWQR) a. Leachate Control System Performance Report b. Methane Monitoring Report 2. Groundwater Sampling Assistance 3. Title V Annual Compliance Certification Report 4. Title V Semi -Annual Emission Reports 5. Title V Annual Emission Inventory 6. Semi -Annual Landfill Gas Collection System Operating Reports 7. Annual Greenhouse Gas Reporting 8. Air Compliance Data Collection Assistance 9. Annual Financial Assurance Cost Estimates 10. Annual Landfill Volumetrics, Site Topographic Survey, & Airspace Analysis Report 11. Title V Annual Fee Payment Assistance 12. Semi -Annual Water Quality Notification 13. Annual Training 14. Assessment of Corrective Measures Assistance 15. SDP PermitAmendment 16. SDP Permit Renewal 17. Title V Operating Permit Renewal 18. Hourly General Consulting Services (as needed) In December 2019, Rob Sand, Auditor of the State of Iowa, released a report on a special investigation of Metro Waste Authority (MWA) at the requested of the Executive Director of MWA. Within this report, unsupported disbursements, those deemed not to have gone through a competitive process, were identified to International Telemetry Technologies, LLC (ITT), and improper disbursements were identified to Lemar Programming Company, LLC (LPC). LPC was established by Tracy Lemar, co- founder of Barker Lemar Engineering Consultants (BLEC). ITT was established by Mr. Lemar and other employees of BLEC. The Auditor Report did not find any wrong doing on the part of BLEC Concerned with the implications of this report, Staff reviewed the City's records of the past agreement with BLEC (2014 — 2019). While some invoicing for the Landfill's Flare (2015-2016) did identify ITT, Staff did not find evidence of illicit activities. Staff met with the Chief Executive Officer (CEO) and Chief Operations Officer (COO) of BLEC to better understand what happened, what members of BLEC were involved, and measures they are implementing to prevent this from happening in the future. After review of the City's records and the meeting with the senior staff of BLEC, Staff has full confidence in BLEC to carry out the duties and responsibilities within the consultant agreement. It is recommended by Staff to proceed with this agreement. ATTACHMENTS: Description Resolution Agreement `j J Prepared by: Joe Welter, Public Works, 410 E. Washington Sl., Iowa City, IA 52240; (319) 356-5144 Resolution No. 20-14 Resolution approving, authorizing, and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Barker Lemar Engineering Consultants, Inc., West Des Moines, Iowa to provide environmental compliance and engineering consultant services for the Iowa City Landfill and Recycling Center. Whereas, the Iowa City Landfill and Recycling Center has ongoing environmental compliance and engineering requirements to comply with local, state, and federal regulations; and Whereas, the City desires to obtain the services of a qualified consulting firm to perform these services between January 1, 2020 and June 30, 2024; and Whereas, the City issued a Request for Proposals (RFP) to private engineering consulting firms interested in performing the services of this project; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Barker Lemar Engineering Consultants, Inc. was selected based on qualifications and project specific criteria such as experience, key personnel, project approach, schedule, and price; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Barker Lemar Engineering Consultants, Inc., to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Barker Lemar Engineering Consultants, Inc.; and Whereas, funds are available in the Landfill Engineering Services - Account # 75750121. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Resolution No. 20-14 Page 2 Passed and approved this 21st day of January 2020 May r vedb IL Attest: f6 yw I—/L 'r U ZD Ci Jerk / 1 City Attorney's Office It was moved by salin and seconded by Mims the Resolution be adopted, and upon roll call there were: Ayes: x Nays: Absent: Berger Mims Salih Taylor Teague Thomas Weiner Consultant Agreement This Agreement, made and entered into this 21st day of January 2020 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Barker Lemar Engineering Consultants, Inc., of West Des Moines, IA, hereinafter referred to as the Consultant. WHEREAS, the Iowa City Landfill and Recycling Center has ongoing environmental compliance and engineering requirements to comply with local, state, and federal regulations; and WHEREAS, the City desires to obtain the services of a qualified consulting firm to perform these services between January 1, 2020 and June 30, 2024; and WHEREAS, the City issued a Request for Proposals (RFP) to private engineering consulting firms interested in performing the services of this project; and WHEREAS, submittals were received from consulting firms and evaluated by a selection committee; and WHEREAS, Barker Lemar Engineering Consultants was selected based on qualifications and project specific criteria such as experience, key personnel, project approach, schedule, and price; and WHEREAS, funds are available in the Landfill Engineering Services, Account Number, 75750121 —432090. Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. In so doing, the Consultant will assist the City in environmental compliance and engineering services with local, state, and federal regulations, between January 1, 2020 and June 30, 2024. The Iowa City Landfill and Recycling Center will be referred to as the Facility is the following Scope of Services. Background The Facility operates according to the following permits: • Iowa Department of Natural Resources (DNR) Sanitary Disposal Project (SDP) Permit Number 52 -SDP -01-72P • DNR Title V Operating Permit, Air Quality Operating Permit Number 00 -TV -007R3 The current five-year SDP Permit was issued January 8, 2018 with revisions on January 29, 2018, April 2, 2018, October 31, 2018, August 15, 2019, and August 28, 2019. The SDP Permit expires on January 8, 2023. The current five-year Title V Operating Permit was issued on July 23, 2018. The Title V Operating Permit expires on July 22, 2023. The majority of the Facility's state compliance requirements are contained in the above -listed permits. Some regulatory requirements -2 - for the Facility not covered directly in these permits are contained within 567, Environmental Protection Commission, of the Iowa Administrative Code (IAC). The Facility is also subject to certain federal regulations administrated by the United States Environmental Protection Agency (EPA). These regulations are under the Title 40, Protection of Environment, of the Code of Federal Regulations (CFR). Task 1 —AWQR, LCPSPER and MMR The Consultant will, in accordance with the requirements of the SDP Permit and those contained within 567 IAC, submit an Annual Water Quality Report (AWQR) as well as the supplemental Leachate Control System Performance Evaluation Report (LCSPER) and Methane Monitoring Report (MMR). These documents will be structured in a manner that takes a holistic approach to align the Facility in a position that best suits its plans and goals, while also meeting all regulatory requirements. The AWQR will be prepared in accordance with Special Provision XAJ of the SDP Permit, under the direction of a qualified groundwater scientist, and to address the Series A Wells, Series B Wells, and the groundwater underdrains. The report will include a summary of groundwater monitoring results, groundwater levels, monitoring well depths statistical analysis utilizing Sanitas, and any associated recommendations. The LCSPER will be prepared in accordance with 567 IAC accordance with 113.7(5)b(14) to include an evaluation of the effectiveness of the system in controlling leachate: leachate head levels and elevations, the volume of leachate collected and transported to the treatment works or discharged under any NPDES permits, records of leachate contaminants testing required by the treatment works, proposed additional leachate control measures, and an implementation schedule in the event that the constructed system is not performing effectively. The MMR will be prepared in accordance with Special Provision X.5.b of the SDP Permit and will summarize the methane gas monitoring results and any action taken resulting from methane levels exceeding the specified limits during the 12 -month reporting period. The Consultant will address comments or concerns that the DNR has identified in past groundwater reporting as part of the AWQR and its supplemental reports. Task 2 — Annual Sampling Assistance Semi-annual groundwater sampling events and technical support will be coordinated with City Staff. This includes the preparation of the well inventory and ordering of all necessary coolers and bottles to complete the required sampling of groundwater wells at the Facility for the spring and fall sampling events. Support will also be provided by the Consultant as it relates to low -flow sampling processes and procedures. Task 3 — Title V Annual Compliance Certification Report The Consultant will satisfy the regulatory requirements of General Condition IV.G.4 of the Title V Operating Permit by submitting compliance certifications for the previous calendar year. The certifications will include descriptions of means to monitor the compliance status of all emissions sources including emissions limitations, standards, and work practices in accordance with applicable requirements. The certification for a source shall include the identification of each term or condition of the permit that is the basis of the certification; the compliance status; whether compliance was continuous or intermittent; the method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with all applicable department rules. For sources determined non-compliant at the time of compliance certification, a -3 - compliance schedule shall be submitted which provides for periodic progress reports, dates for achieving activities, milestones, and an explanation of why any dates were missed and preventive or corrective measures. Task 4 — Title V Semi -Annual Monitoring Report The Consultant will satisfy the regulatory requirements of General Condition IV.G.5 of the Title V Operating Permit by preparing and submitting semi-annual monitoring reports for the periods of January 1 — June 30 and July 1 — December 31 of each year. The report will identify all instances of deviation from the permit requirements utilizing operational data provided by City Staff, as needed and requested. The Consultant will also address all comments and concerns identified by the DNR from previous Title V monitoring reports. Task 5 — Title V Annual Emissions Inventory The Consultant will prepare an annual emissions inventory with forms specified by the DNR documenting the actual emissions for the previous calendar year in accordance with General Condition IV.G.6.3 of the Title V Operating Permit. The Consultant will utilize the DNR's State and Local Emissions Inventory System (SLEIS) to compile and submit the inventory data. Task 6 — Semi -Annual Landfill Gas Collection System (LFGCS) Operating Report The Consultant will prepare two semi-annual LFGCS Operating Reports. These reports will comply with regulatory requirements outlined in 40 CFR 63.1980(a), 60.767(g), and 60.768(c)(1)(i). The Consultant will maintain compliance with New Source Performance Standards (NSPS) Subpart XXX and Subpart WWW as applicable. The Consultant will use the EPA's Electronic Reporting Tool (ERT) for submittal of the report. Operational data will be provided by City Staff, as needed and requested, for the completion of the two semi-annual reports. Task 7 — Annual Greenhouse Gas (GHG) Reporting The Consultant will prepare the annual GHG reporting for the Facility in accordance with the requirements in 40 CFR 98.3; other portions of 40 CFR 98 Subpart A, General Provisions; 40 CFR 98 Subpart C, General Stationary Fuel Combustion Sources; and 40 CFR 98 Subpart HH, Municipal Solid Waste Landfills. The Consultant will utilize the EPA's electronic Greenhouse Gas Reporting Tool (e-GGRT) for submittal of the report. Operational and monitoring data for this report will be provided by City Staff, as needed and requested. Task 8 — Air Compliance Data Collection Assistance The Consultant will support and expand upon the existing Supervisory Control and Data Acquisition (SCADA) System, as directed by the Facility. The current system consists of a remote collection system that efficiently gathers and processes data while automating some reporting functions. The SCADA System monitors multiple infrastructure points and is utilized for air compliance data collection assistance. The real-time monitoring points include the Landfill Gas (LFG) Flare as well as thirteen pneumatic and four mobile, solar powered pumps, used to remove liquid from gas extraction wells. The system provides alarms for Facility Staff to address equipment malfunctions that affect optimal operation compliance. The system was established as a "grow -with -me" system to allow for expansion and modification as needed at the Facility. Task 9 — Annual Financial Assurance Cost Estimates The Consultant will prepare an annual third -party estimate of the costs for closure and post -closure coverage, in accordance with 567 IAC 113.14(3)c and 567 IAC 113.14(4)c, for the Facility to -4 - account for all costs associated with the currently approved Closure and Post -Closure Plan. These detailed estimates, in current dollars, will be certified by an Iowa -licensed professional engineer. Task 10 — Annual Landfill Volumetrics, Site Topographic Survey and Airspace Analysis Report The Consultant, in accordance with Federal Aviation Administration (FAA) and Department of Transportation (DOT) rules, will utilize a drone to fly the Facility and gather the data necessary to create a topographic site map of the active and open cells of the Facility, including Cells FY95, FY96, FY98, FY02, FY06, FY09, FY18, and any future cells opened within the timeframe of this project. This map will be provided to the City in AutoCAD using the Iowa State Plane South Coordinate System including AutoCAD Civil 3D Surfaces created and aerial imaginary taken. The survey data with waste tonnage data provided by the City Staff will be compared to the prior year data to determine the amount of airspace consumed, , the compaction rate over the past year, the long term compaction rate, and the remaining capacity and life span of the active, open, and future cells. The overall capacity of the Facility and the capacity of the open and active cells will be determined. The results of this calculation will be summarized in an annual airspace analysis report submitted to the City. Utilizing the survey data, along with any infrastructure or Facility changes, the Consultant will provide an updated Facility Master Site Plan including, but not limited to: addition of new infrastructure (gas wells, groundwater wells, underground pipes, etc.), changes to cells, and other Facility revisions. Task 11 —Title V Annual Fee Payment Assistance The Consultant will assist the Facility in submitting the required Title V fees utilizing the information gathered from the Annual Emissions Inventory (Task 5). The Consultant will prepare and submit the SLEIS Form 5.0 — Title V Annual Emissions Fee Payment with an accompanying cover letter. Task 12 — Semi -Annual Water Quality Notification In accordance with 567 IAC 113.10(5) and 567 IAC 113.10(6) and within fourteen days after obtaining results of the statistical analyses following the semi-annual groundwater sampling events, the Consultant will prepare and submit a Semi -Annual Water Quality Notification and report any Statistically Significant Increases (SSIs) and Statistically Significant Levels (SSLs) results, along with the associated statistical evaluation, following either of the groundwater sampling events. These results will also be submitted with the AWQR identified in Task 1. Task 13 — Annual Training The Consultant will provide up to one day of training, as specified by the City Staff, on an annual basis on topics that include but are not limited to the Plans and Standard Operating Procedures (SOPs) that are pertinent to the maintenance and operations at the Facility. Task 14—ACM Assistance The Consultant will assist the Facility with the following in regards to the current Assessment of Corrective Measures (ACM): Completion of the ACM Report, which is due to the DNR on December 31, 2020 Participate in the public meeting within 60 days of DNR's approval of the ACM Report Development of the Correctives Action Plan (CAP) within 60 days of holding the public meeting. The CAP will select a remedy, evaluate that remedy, and develop a schedule for initiating and completing the remedial activities in accordance with 567 IAC 113.10(8)b -d. -5 - Task 15 — SDP Permit Amendment The Consultant will finalize the permit amendment request to the DNR for permitting of the Northeast Expansion. At the time of the original submittal of the SDP Permit Amendment, the Facility had not finalized plans to develop the Northeast Expansion Area beyond a conceptual design of a stand-alone cell. Based on communications with the DNR, only documentation of the United States Army Corps of Engineers (USACE) approval of the Section 404 Permit is remaining for approval of incorporation of the Northeast Expansion into the SDP Permit. Upon receipt of the site-specific Section 404 Permit from the USACE and DNR, the Consultant will coordinate the remaining regulatory requirements for the amendment of the SDP Permit. The Facility Plans and SOPS will be reviewed and revised as needed by the Consultant associated with the permit amendment process. The Plans and SOPs to be reviewed and revised as needed, include, but are not limited to the: Development and Operations (DOPS), Emergency Response and Remedial Action Plan (ERRAP), Closure and Postclosure Plan, Landfill Gas Monitoring Plan, Leachate Management Plan, Fire Management Plan, Gas Emissions Monitoring (GEMs), Surface Emissions Monitoring (SEMs), and Surface Integrity Monitoring. Task 16 — SDP Permit Renewal The Consultant will prepare the SDP Permit Renewal Application, due in 2022, for the Facility in accordance with the requirements of the DNR Solid Waste Section, as outlined in the Iowa DNR Municipal Solid Waste Landfill Permit Application Form 50. All associated plans and SOPs will be reviewed and revised as needed by the Consultant associated with the permit renewal process. Task 17 — Title V Operating Permit Renewal The Consultant will prepare the Title V Operating Permit Application for the City in accordance with the requirements of the DNR Air Quality Bureau, as outlined in the Iowa Title V Operating Permit Application Instructions. Task 18 — Hourly General Consulting Services The Consultant will include additional resources for general environmental compliance or engineering services including, but not limited to, onsite troubleshooting, compliance documents, correspondence with agencies, coordination with agencies, and other engineering services. This task will be performed as needed and directed by the City at the standard fee rates provided up to $10,000 per twelve months for the duration of the contract. Subcontracts and Key Personnel No subcontracts will be allowed without written approval of the City Manager or their designee in advance of any work performed or services rendered. For the duration of this Contract, the following key personnel will be working with the City to complete the tasks outlined above. Tim Buelow, P.E., Certified Groundwater Professional Lauren Norland, P.E., Project Engineer Brian Rath, P.E., Director of Engineering Operations Austin Banks, Senior Environmental Specialist Rob Young, CADD Engineering Designer Mark Mayhew, Senior Environmental Analyst Adam Gehrts, P.G., Environmental Specialist, Drone Pilot Chris O'Brien, Chief Operations Officer As needed, other staff of the Consultant may be utilized for specific projects, however, any permanent proposed changes to key personnel will be requested by the Consultant and approved by the City prior to any assignments being changed. ME H. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The Consultant shall submit two hard copies and one electronic copy for all deliverables required. Work will be completed per the regulated schedule and/or the schedule determined by the City, as applicable. Currently the regulated schedule provided is as follows: Task Number and Description Draft to City for Review Final Draft Completed Final Deliverable Due 1. Annual AWQR, LCSPER & MMR February 7 February 25 February 28 2. Annual Spring Sampling Assistance Ongoing Ongoing March 10 Annual Fall Sampling Assistance Ongoing Ongoing September 10 3. Title V Annual Compliance Certification —Report January 31 March 17 March 31 4. Title V Semi -Annual Monitoring Report (Spring) January 31 March 17 March 31 Title V Semi -Annual Monitoring Report Fall July 31 September 15 September 30 5. Title V Annual Emissions Inventory February 14 March 17 March 31 6. Semi -Annual LFGCS Operating Report (Spring) January 31 March 17 March 31 Semi -Annual LFGCS Operating Report Fall July 31 September 15 September 30 7. Annual GHG Reporting February 14 March 5 March 31 8. Air Compliance Data Collection Assistance Ongoing Ongoing As needed 9. Annual Financial Assurance March 10 March 27 March 31 10. Annual Landfill Volumetrics and Site Topographic Survey June 30 Annual Airspace Analysis Report July 31 August 28 August 31 11. Title V Annual Fee Payment Assistance June 2 June 15 June 30 12. Semi -Annual Water Quality Notification July 10 July 28 July 31 13. Annual Training As needed As needed As needed 14. ACM Assistance Deliverable to IDNR November 30, 2020 December 22, 2020 December 31, 2020 15. SDP Permit Amendment ISpring 2020 16. SDP Permit Renewal September 1, 2022 October 1, 2022 October 10, 2022 17. Title V Operating Permit Renewal December 10, 2022 January 15, 2023 January 22, 2023 18. Hourly General Consulting Services I As needed As needed I As needed -7 - Compensation for Services Compensation will be based on the rates and fees shown on the attached Hourly Rates and Fees Sheet. The Total cost of services will not exceed $305,625. The Consultant shall complete the tasks in the Scope of Services for the fees listed in the table below. Task Cost of Estimated Total Task Number and Description Frequency Task Per Hours for Contract Over Time Entire Fees Contract Performed Contract 1. AWQR, LCSPER, MMR 4 $14,500 580 $58,000 2. Groundwater Sampling Assistance 9 $500 45 $4,500 3. Title V Annual Compliance Certification Report 5 $2,000 95 $10,000 4. Title V Semi -Annual Monitoring Reports g $1,425 120 $12,825 5. Title V Annual Emissions Inventory 5 $2,200 105 $11,000 6. Semi -Annual LFGCS Operating Reports g $3,450 297 $31,050 7. Annual GHG Reporting 5 $2,700 130 $13,500 8. Air Compliance Data Collection Assistance 5 $4,800 200 $24,000 9. Financial Assurance 5 $900 45 $4,500 10. Annual Volumetrics, Site Topographic Survey, and Airspace Analysis 5 $4,500 100 $22,500 11. Title V Annual Fee Payment 5 $450 20 $2,250 Assistance 12. Semi -Annual Water Quality Notification 5 $3,700 175 $18,500 13. Annual Training 5 $1,000 50 $5,000 14. ACM Assistance 1 $25,000 175 $25,000 15. SDP Permit Amendment 1 $500 5 $500 16. SDP Permit Renewal 1 $10,000 94 $10,000 17. Title V Operating Permit Renewal 1 $7,500 71 $7,500 18. Hourly General Consulting Services 4.5 $10,000 450 $45,000 Total Compensation for Services = $305,625 M IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council, as requested, relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the lm amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and 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. O. Indemnification To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City' means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of -10- $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City By Title: Mayor Date: 01/21/2020 Attes For the Consultant Title: Date: Approved by: City Attorney's Office /-/,S`-Z l)�� Date Item Number: 7.e. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT January 21, 2020 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Amendment No. 1 to the July 30, 2019 agreement by and between the City of Iowa City and Strand Associates, Inc. to provide engineering consultant services for the First Avenue and Scott Boulevard Intersection Improvements Project. Prepared By: Jason Reichart, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $114,800 available in the First Ave/Scott Blvd Intersection Improvements account #S3944 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Amendment to Agreement Executive Summary: Strand Associates, Inc. has completed phase one services for the First Avenue and Scott Boulevard Intersection Improvements Project, and identified the preferred intersection alternative to be a roundabout. The City now desires to broaden the scope of services to include phase two services, and have the Consultant prepare preliminary and final design for construction of the First Avenue and Scott Boulevard Intersection Improvements Project. Background /Analysis: The First Avenue and Scott Boulevard intersection is currently a four-way stop controlled intersection that experiences significant queuing during peak hours, resulting in increased travel times, delays, and emissions. In 2015, the City utilized a consultant to investigate the feasibility of constructing a roundabout at this intersection. The consultant determined a standard modern roundabout would handle projected traffic demands, improve vehicle safety, and provide better speed control. In December 2018, the City issued a request for proposals for engineering services to design intersection improvements at the First Avenue and Scott Boulevard intersection. The City selected Strand Associates, I nc. based on their experience with similar projects. The City and Consultant entered into a Consultant Agreement on or about July 30, 2019. This agreement was structured to include two (2) phases of services, with the first phase including an Intersection Control Evaluation (ICE), and the second phase including the design of the preferred intersection alternative. City staff and the Consultant also met with ACT representatives to discuss the results of the ICE. After this discussion, all parties agreed that the preferred alternative was the roundabout. ATTACHMENTS: Description resolution Amendment to Agreement Ate Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5416 Resolution No. 20-15 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Amendment No. 1 to the July 30, 2019 agreement by and between the City of Iowa City and Strand Associates, Inc. to provide engineering consultant services for the First Avenue and Scott Boulevard Intersection Improvements Project Whereas, the City and Strand Associates, Inc. (Consultant) entered into a Consultant Agreement (Agreement) on or about July 30, 2019, for the First Avenue and Scott Boulevard Intersection Improvements Project; and Whereas, the Agreement was structured to include two (2) phases of service with the first phase including an Intersection Control Evaluation (ICE) and the second phase including the design of the City's preferred intersection alternative; and Whereas, the Consultant has completed phase one services and identified the City's preferred intersection alternative to be a roundabout; and Whereas, the City now desires to broaden the scope of services to include phase two services and have the Consultant prepare preliminary and final design for construction of the First Avenue and Scott Boulevard Intersection Improvements Project; and Whereas, the City and Consultant are negotiating an amendment to the Agreement to provide said services; and Whereas, it is in the public interest to enter into said amendment; and Whereas, funds for this project are available in the First Ave/Scott Blvd Intersection Improvements account # S3944. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Upon direction of the City Attorney, the Mayor and City Clerk are hereby authorized and directed to execute an amendment to the Agreement in substantial compliance with the attached Amendment No. 1 to the Consultant Agreement. 3. The City Manager is authorized to execute subsequent amendments to the Consultant Agreement as they may become necessary. Resolution No. 20-15 Page 2 Passed and approved this 21st day of January 2020 Till, M U Approved by Attest: Ci Clerk It was moved by Salib and seconded by adopted, and upon roll call there were: Ayes: M Nays: S64�7 tq&-o City Attorneys Office Mims Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Consultant Agreement First Avenue and Scott Boulevard Intersection Improvements Project Amendment No.1 This Amendment No. 1 to the July 30, 2019 Consultant Agreement for the First Avenue and Scott Boulevard Intersection Improvements Project (Agreement) and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Strand Associates, Inc. of Madison, Wisconsin, hereinafter referred to as the Consultant, is made and entered into this 21st day of January 2020. Whereas, the First Avenue and Scott Boulevard intersection is currently a four-way stop control that experiences significant queuing during peak hours vehicles; and Whereas, the City utilized a separate Consultant to investigate the feasibility of constructing a roundabout at this intersection and the consultant determined a standard modern roundabout would improve traffic operations; and Whereas, the City issued a request for proposals for engineering services to design a roundabout and other associated improvements at the First Avenue and Scoff Boulevard intersection; and Whereas, the City selected the Consultant based on their experience with similar projects and entered into the Agreement accordingly; and Whereas, the Consultant will provide two phases of services for this project with the first phase including an Intersection Control Evaluation (ICE) of the intersection and corridor and the second phase including the design of the City's preferred alternative; and Whereas, the Consultant has completed phase 1 and the City selected a roundabout as the preferred alternative based on the results of the ICE and feedback from local stakeholders; and Whereas, the City desires to begin phase 2 of the project and have the Consultant design the roundabout and other associated improvements; and Whereas, the parties desire to amend the Agreement to provide for services for Phase 2; and Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. 1. Scope of Services Consultant agrees to perform the following additional services for the City, and to do so in a timely and satisfactory manner. A. Prepare preliminary single lane roundabout design drawings for a roundabout at the intersection. Roundabout design will be in accordance with the Statewide Urban Design and Specifications (SUDAS 2020 Edition) and Iowa Department of Transportation (Iowa DOT) and Federal Highway Administration roundabout guidance. The roundabout will be designed to be built under traffic. It is anticipated that Scott Boulevard will remain open to traffic during construction. Up to four stages of construction are anticipated and drawings for the stages will be provided. 2- B. Prepare a preliminary opinion of probable construction cost (OPCC) and meet with the City to discuss the preliminary design. Address City design comments as appropriate. C. Provide exhibits for and attend one public outreach meeting to be conducted by the City. D. Communicate with Iowa DOT regarding the preliminary design of the roundabout and the Interstate 80 emergency route through the intersection. E. Provide drawings to applicable utility agencies for conflict review and resolution. Participate in one utility meeting with the City, if needed. F. Attend one meeting with ACT and the City to discuss roundabout layout and central island landscaping. G. Provide intersection photometric analysis and lighting design for the intersection based on City -provided light pole and light fixtures. Lighting will be designed in accordance with applicable City standards. H. Provide final design drawings, technical specifications, and OPCC and meet with the City to discuss the final design. Design drawings will include: a. Title sheet b. General notes C. Typical sections d. Construction details e. Curb ramp and plan details f. Erosion control drawings g. Alignment and control point drawings h. Roadway and storm sewer plan and profile drawings i. Traffic control drawings j. Pavement marking drawings k. Central island landscaping drawings I. Existing/Permanent signing drawings M. Street lighting drawings n. Cross sections Address City design comments as appropriate and provide final documents to the City for bidding. City will provide front end Bidding Documents for Consultant to prepare. City -provided documents will name Consultant as an additional insured on contractor's General Liability and Automobile Liability insurance policies and will indemnify Consultant to the same extent that the contractor insures and indemnifies City. J. Consultant's subconsultant will conduct a topographic survey of the intersection on City's survey control. The survey will extend 500 feet from the intersection on each leg and include surface information, property irons, and visual and marked utilities within the existing right-of-way. The southwest and southeast corners of the intersection will be surveyed 50 feet outside the right-of-way for potential project right-of-way acquisition. K. Consultant's subconsultant will provide up to two legal descriptions and exhibits for right-of-way property acquisition by the City. 3 - Services Elements Not Included The following services are not included in this Agreement. If such services are required, they will be provided through a separate agreement or through an amendment to this Agreement. A. Geotechnical Services B. Business and Stakeholder Outreach C. Right -of -Way Acquisition Services D. Construction Permits E. Bidding Services F. Construction -Related Services Il. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Task Notice to Proceed Topographic Survey Completed Preliminary Design Completed Final Design and Bid Documents Completed III. Compensation for Services Estimated Timeframe March 3, 2020 May 13, 2020 July 1, 2020 December 31, 2020 Compensation for Scope of Services Items A. through I. shall be on an hourly rate basis plus expenses for a total fee not to exceed $104,250. Compensation for Scope of Services Items J. and K. provided by Consultant's subconsultant shall be for a total fee not to exceed $13,750. Compensation for all above-described Scope of Services shall be on an hourly rate basis plus expenses for a total fee not to exceed $118,000 for a total agreement amount of $145,500. The Consultant's fee will be invoiced based on the actual time and expenses spent in the preceding month and in accordance with the following Fee Schedule. Team Member Joshua J. Straka, P.E.—Project Manager Joseph M. Bunker—Quality Control Engineer Robert A. Jack, P.E.—Lead Design Engineer Justin Gutoski, P.E.—Stormwater Engineer Mary Seehafer, P.E.—Lighting Engineer Additional Support Staff "Updated annually on July 1 IV. General Terms Hourly Billing Rate" $191.46 $248.34 $128.07 $132.24 $125.73 $90 to $125 I. Scope of Services, Standard of Care; Ill—General Terms; and V—Miscellaneous are deleted in their entirety from the Agreement. The following is substituted in lieu thereof. A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race color religion, sex, national or sexual orientation. origin, disability, age, marital status, gender identity, t=1 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any applicable state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the services set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. Meetings in addition to those provided in 1. Scope of Services, shall be consider additional services. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount, upon notification to the Consultant, sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. 5- M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and 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. O. Indemnification. 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including reasonable attorney's fees, and for any damages which may be claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City' means and includes the City of Iowa City, Iowa its Mayor, City Council members, and employees Insurance The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances at the same time. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. Consultant represents that the Services and all its components shall be performed in a manner consistent with the standard of care of other professional service providers in a similar profession; shall follow the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. B. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City For the Consultant s� &t� By: — By:�� Bruce Teague Joseph M. Bunker Title: Mayor Title: Corporate Secretar Date: annuar 121 2 Date: Zp 7 Attest: ;,&" _c�G /' J City Attorney's Office Date: d-�)c.,do Consultant Agreement F st Avenue and Scott Boulevard Intersection Improvements Project Amendment No. 1 This Amendment N 1 to the July 30, 2019 Consultant Agree nt for the First Avenue and Scott Boulevard Inters ion Improvements Project and betwee e City of Iowa City, a municipal corporation, hereinafter ferred to as the City and Strand Ass iates, Inc. of Madison, Wisconsin, hereinafter referred to a the Consultant, is made and ntered into this day of Whereas, the First Avenue an Scott Boulevard int section is currently a four-way stop control that experiences significant que g during peak h rs vehicles; and Whereas, the City utilized a ConVdete ate the feasibility of constructing a roundabout at this intersection and the consua standard modem roundabout would improve traffic operations; and Whereas, the City issued a requer engineering services to design a roundabout and other associated improvemennue and Scott Boulevard intersection; and Whereas, the City selected the Consultant baso on their experience with similar projects; and Whereas, the Consultant will p vide two phases f services for this project with the first phase including an Intersection Con of Evaluation (ICE) o the intersection and corridor and the second phase including the design the City's preferred alte\ndedback ; and Whereas, the Consulta has completed phase 1 e City selected a roundabout as the preferred alternative ba ed on the results of the ICE from local stakeholders; and Whereas, the City sires to begin phase 2 of the project\hae Consultant design the roundabout and of r associated improvements; and Now T/herefore, is agreed by and between the parties heCity does now contract with the Cons ant to provide services as set forth herein. I. Sco a of Services Consulta t agrees to perform the following additional service, and to do so in a timely and sa ' factory manner. A. Conduct a topographic survey of the intersection on Ci survey control. The survey will extend 500 feet from the intersection on each le and include surface information, property irons, and visual and marked utilities wayquisition. he existing right- of-way. The southwest and southeast corners of the intersewill be surveyed 50 feet outside the right-of-way for potential project right-of-w B. Prepare preliminary single lane roundabout design drawings for roundabout at the intersection. Roundabout design will be in accordance with Iowa epartment of Transportation (Iowa DOT) and Federal Highway Administration roundabout guidance. The roundabout will be designed to be built under traffic. It is`anticipated -2 - that Scott Boulevard will remain open to traffic during construction. Up to f stages of construction are anticipated and drawings for the stages will be ided. C. Prepare a preliminary opinion of probable construction cost(OP'CG nd meet with the City to discuss the preliminary design. Address City de n comments as appropriate. Provide exhibits for and attend one public outreachmegting to be conducted by the City. 7* E. Communicate with Iowa DOT regarding the pproliminary design of the roundabout d the Interstate 80 emergency route throuo the intersection. F. Pro ' e drawings to applicable utility a encies for conflict review and resolution. Partici ate in one utility meeting with tA City, if needed. G. Attend : e meeting with ACT d the City to discuss roundabout layout and central is landscaping. K Provide inters tion photo tric analysis and lighting design for the intersection based on City p vide ligh ole and light fixtures. I. Provide final desigr\dr&wings, technical specifications, and OPCC and meet with the City to discuss th final design. Design drawings will include: a. Title sheet b. General tes C. Typical ections d. Const coon details e. Curb mp and plan d ails f. Ero ion control drawing g. All nment and control poi drawings h. adway and storm sewer Ian and profile drawings I.. raffle control drawings j. Pavement marking drawings k. Central island landscaping dra gs I. Existing/Permanent signing drawl gs m Street lighting drawings n Cross sections J.Address City design comments as appropriate nd provide final documents to the City for bidding. City will provide front end Bid 'ng Documents for Consultant to prepare. City -provided documents will name Cons tant as an additional insured on contractor's General Liability and Automobile 1-101'ty insurance policies and will indemnify Consultant to the same extent thata contractor insures and indemnifies City. K. Provide up to two legal descriptions and exhibits f right-of-way property acquisition by the City. -3 - Services Elements Not Included The fo lowing services are not included in this Agreement. If such services are be proNded through a separate agreement or through an amendment to this Ag A. Geotechnical Services B. Business and Stakeholder Outreach C. Roundabout Landscaping Services D. Right -of -Way Acquisition Services E. Construction Permits F. Tidding Services G. %onstruction-Related Services II. Time ofmoletion The Consultant shaYj complete the following schedule shown. \ Task Notice to Proceed Topographic Survey Preliminary Design C Final Design and Bid III. Compensation for Compensation for the abov expenses for a total fee not The Consultant's fee � preceding month and in they will of the Project in accordance with the Estimated Timeframe February 3, 2020 March 13, 2020 May 1, 2020 July 6, 2020 Scope of Services shall be on an hourly rate basis plus 114,800 for a total agreement amount of $142,300. ad on the actual time and expenses spent in the following Fee Schedule. Design Team Memb9f Joshua J. Straka, P/.—Project Manager Joseph M. Bunker Quality Control Engineer Robert A. Jack, .E.—Lead Design Engineer Justin Gutoski, .E.—Stormwater Engineer Mary Seehafe , P.E.—Lighting Engineer Additional Sufiport Staff `Updated annu y on July 1 IV. Gefieral Terms Hourly Billing Rate" $191.46 $248.34 $128.07 $132.24 $125.73 $90 to $125 The Consultant shall not commit any of the fo wing employment practices and agrees to prohibit the following practices in any su ntracts. 1. To discharge or refuse to hire any individual ecause of their race, color, religion, sex, national origin, disability, age, ma ' al status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, cond 'ons, or privileges of employment because of their race, color, religion, s , national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City terminate this Agreement upon seven (7) calendar days' written notice the \isndenrstood nt. C.eement shall be binding upon the successors and assi of the parties provided that no assignment shall be without the wr' en consent of all o said Agreement. D.rstood and agreed that the retention of the nsultant by the City for the of the Project shall be as an indepen nt contractor and shall be , but the Consultant shall have the rig to employ such assistance as quired for the performance of the Pr ' ct. E. It is agreed the City that all records an les pertaining to information needed by the Consults for the project shall b available by said City upon reasonable request to the onsultant. The City rees to furnish all reasonable assistance in the use of thesXno and files. F. It is further agno Pa to this Agreement shall perform contrary to any applicablestat, or 1 cal law or any of the ordinances of the City of Iowa City, Iowa. G. At the request , the Consultant shall attend meetings of the City Council relative to the et rth in this Agreement. Any requests made by the City shall be givenson le notice to the Consultant to assure attendance. Meetings in adhose rovided in 1. Scope of Services, shall be consider additional servi H. The Consul nt agrees to furnish, upon termination of this Agreement and upon demand b the City, copies of all b is notes and sketches, charts, computations, and any other data prepared oro ained by the Consultant pursuant to this Agree nt with cost, and without r\theret or limitation as to the use relative /eal fic projects covered under thient. In such event, the Consultant f be liable for the City's use of sments on other projects. I. nsultant agrees to furnish all recifications, and drawings, with the a professional engineer affixeor such seal as required by Iowa J. J The City agrees to tender the Consultant all fees a timely manner, excepting, j/ however, that failure of the Consultant to satisfactori perform in accordance with this Agreement shall constitute grounds for the City withhold payment of the amount, upon notification to the Consultant, sufficiento properly complete the m Project in accordance with this Agreeent. K. Should any section of this Agreement be found invalid, i is agreed that the remaining portion shall be deemed severable from the invalidp ion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. 5- M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362. f the wa Code prohibits a City officer or employee from having an interest i contract the City, and certifies that no employee or officer of the City, yhich includes m rs of the City Council and City boards and commissions as an interest, eith irect or indirect, in this Agreement, that does not fall wit ' the exceptions to said a tory provision enumerated in Section 362.5. EONEM�ly M. To full extent permitted by law, C sultant agrees to defend, inde n , and hold harmless the C' against any and all claims, deman suits, loss, expenses, in ding reasonable attorney's fees, and for damages which may b claimed or recovered against or from the City b ason of personal in' ry, including bodily injury or death, and property d es, including I s of use thereof, caused by Consultant's negligent ac ors or omi ions in performing the services provided by Consultant to a ity purs nt to the provisions of this Agreement. 2. Consultant assun\esV responsibility for any and all damage or injuries which may AheCity person or property by reason of Consultant's negligent aomissions in connection with the services provided by the City pursuant to this Agreement, and agrees to pr I damages caused to the City's premises resulting frot ac errors or omissions of Consultant. 3. The Co ultant's obligation o in mnify the City shall not include the obligati n to indemnify, hold rmle , or defend the City against lability, claim , damages, losses, ore pens s, including attorney fees, to the ext t caused by or resulting froen, the gligent act, error, or omission of th City. 4. For purposes of this paragraph, fhe ter "Consultant" means and includes the Consultant, its officers, agents, a ployees, sub -consultants, and others for whom Consultant is legally li le, and the term "City" means and includes the City of Iowa City, low its Mayor, City Council members, and employees P. / Insurance 1. The Consultant agrees at all times material to this Fkgre ent to have and maintain professional liability insurance covering the' Co sultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, Ir $1,000,000 Combined Single Limit. To the fullest extent permitted by �, icablie state law, a Waiver of Subrogation Clause (endorsement) shall be ad\encing 2. Consultant agrees to provide the City a certificate of insurancethat all coverages, limits and endorsements required herein areand in full force and effect, and certificates of Insurance shaminimum thirty (30) day endeavor to notify, when available by insurer. If the Consultant receives a non -renewal or cancellation notice M a -6 - from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Standard of Care. The Consultant shall perform services for, and furniqK deliverables to, the City pertaining to the Project as set forth in his Agreement. The Consultant shall possess a degree of learnin care and skill ordinarily ossessed by reputable professionals, pr icing in this area under s filar circumstances at the same tim . The Consultant shall use re onable diligence and professional ' dgment in the exercise of skill and plication of learning. 2. Consult4Qt represents that the S ices and all its components shall be performe in a manner consis nt with the standard of care of other professiona service provider in a similar profession; shall follow the requirements f this Agree ent; and shall be sufficient and suitable for the purposes a ressed iryfhis Agreement. 3. All provisions of VthAment shall be reconciled in accordance with the generally acceptrds of the Engineering Profession. 4. Consultant's obl' ations under and shall no be con ue unav/have any insuran e There are nsiderations or r execution ofement, it is the consideratioen solicited. this Section shall exist without regard to, to be waived by, the availability or either of City or Consultant. contingent upon or resulting from the Agreement, and no other monies or S. T/objection ment shall be interpreted and en"' thf Iowa. Any legal proceeding institut sught in a court of competent jurisdictic pto hereby submit to personal jurisdicti aas to venue therein, including any hrought in an inconvenient forum. in accordance with the laws of with respect to this Agreement i in Johnson County, Iowa. The therein and irrevocably waive 3r ment that such proceeding (Remainder of page intentionally left blank) 7 - For the City For the Consultant Item Number: 7.f. I �, CITY OF IOWA CITY -�"'�� COUNCIL ACTION REPORT January 21, 2020 Resolution to rescind Resolution No. 19-292 which included approving project manual and estimate of cost for the construction of the Prentiss Street Bridge Project (BROS-3715(663)--8J-52), 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 Prepared By: Melissa Clow, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The City contracted with IIW, P.C. of Dubuque, IA in May, 2018 for consulting services. Final design plans were submitted to the Iowa Department of Transportation (I DOT) on November 5, 2019 for the January 22, 2020 bid letting. During the bidding period, a number of deficiencies were discovered. The DOT determined that the necessary changes would be considered redesign, not appropriate for an addendum and recommended that the City withdraw the project from the current letting. Revisions will be submitted to the DOT on January 17, 2020, and the project has been tentatively rescheduled for the March 17, 2020 letting. The completion of the project is still expected to be by Fall 2020. Background /Analysis: The Prentiss Street Bridge Reconstruction Project includes the replacement of the existing Prentiss Street Bridge. Roadway improvements on Prentiss Street begin approximately 100 feet east of South Linn Street and extend to South Dubuque Street. Improvements on South Linn Street extend 200 feet north of Prentiss Street. Storm sewer on Prentiss Street is being replaced to increase capacity and reduce surcharging during large rainfall events. The project also includes improvements to ADA sidewalk ramps, public utilities and water main. The 2015 Biennial Bridge Inspection Program reported that the existing Prentiss Street Bridge over Ralston Creek is suffering from bulging and severe corrosion of the corrugated metal pipe culverts, damaged and undermined inlet and headwall, and cracked street pavement. Recent pavement replacement in the area uncovered significant voiding under the pavement, further emphasizing the need for the project. The bridge is limited to a 20 -ton weight embargo due to its current condition. In addition, the existing storm sewer along Prentiss Street, from Ralston Creek to S. Dubuque Street is undersized and has a history of surcharging during large rain events. ATTACHMENTS: Description Resolution Prepared by: Melissa Clow, Special Projects Administrator, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 Resolution No. 20-16 Resolution to rescind Resolution No. 19-292 which included approving project manual and estimate of cost for the construction of the Prentiss Street Bridge Project (BROS- 3715(663)--8J-52), 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, the project manual and estimate of cost for the construction of the Prentiss Street Bridge Project (BROS-3715(663}-8J-52) were approved in Resolution No. 19-292 for letting and a notice to bidders to fix time and place for receipt of bids was published; and Whereas, the City of Iowa City discovered a number of plan deficiencies during the bidding period; and Whereas, the City of Iowa City withdrew the project from the current Iowa Department of Transportation (DOT) letting; and Whereas, a new letting date has been tentatively rescheduled for March 17, 2020; and Whereas, due to necessary plan revisions, Resolution No. 19-292 should be rescinded. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: Passe( Attest: Resolution No. 19-292 is hereby rescinded in its entirety. It was moved by Salih and seconded by Mims the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner 11 Item Number: 8.a. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT January 21, 2020 Resolution setting a public hearing on February 4, 2020 on the project manual and estimate of cost for the construction of the FY20 Wastewater Clarifier Repairs Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Tim Wilkey, Wastewater Superintendent Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost of construction is $375,000 and will be funded through the Wastewater Clarifier Repairs account # V3144 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the FY20 Wastewater Clarifier Repairs Project. This project involves the removal, repair and/or replacement of existing secondary clarifier equipment at the Wastewater Treatment Facility. Background /Analysis: The four original clarifiers that were constructed circa 1989 were drained and inspected in calendar year 2012 during the design phase of the Wastewater Treatment Facilities Consolidation Project. The inspection revealed substantial corrosion on significant portions of the mechanisms. Two of these clarifiers were repaired in fiscal year 2017. This project will repair the remaining two that still have their original carbon steel mechanisms and which are nearing the end of their useful life. ATTACHMENTS: Description Resolution Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 8 �� Resolution No. 20-17 Resolution setting a public hearing on February 4, 2020 on the project manual and estimate of cost for the construction of the FY2O Wastewater Clarifier Repairs Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Wastewater Clarifier Repairs account # V3144. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: A public hearing on the project manual and estimate of cost for the construction of the above- mentioned project is to be held on the 41h day of February, 2020, 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 project manual 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 21st day of January 2020 14 Ma or V/0 ve y Attest: _L Cit Clerk City Attorney's Office It was moved by salih and seconded by Mims the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner Item Number: 8.b. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT January 21, 2020 Resolution setting a public hearing on February 4, 2020 on the project manual and estimate of cost for the construction of the Mercer Aquatic Center Pool LED Lighting Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Kumi Morris, Facilities Manager Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost of construction is $155,000 and will be funded through the Carbon Emissions Reduction Project account # E4520 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Mercer Aquatic Center Pool LED Lighting Project. The project includes improving energy efficiency and reduces carbon emissions by replacing existing metal halide lighting fixtures with LED lighting fixtures. Lighting improvements are needed for full visibility of swimmers in the pool. Background /Analysis: The project involves replacing the original 1986 metal halide pool ceiling light fixtures with high - efficiency LED light fixtures. The intent of the project is to improve energy efficiency and also to meet the current Iowa Department of Public Health pool code for lighting requirements. The new light fixtures will be indirect lighting in an aluminum housing and are suitable for natatoriums, corrosive and wet environments. The most significant benefits are: increased brightness for safe monitoring of pool users, extremely long lifespans (50,000 to 100,000 hours or more), very high energy efficiency, extremely high light quality and little to no maintenance costs. ATTACHMENTS: Description Resolution Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 I Resolution No. 20-18 Resolution setting a public hearing on February 4, 2020 on the project manual and estimate of cost for the construction of the Mercer Aquatic Center Pool LED Lighting Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Carbon Emissions Reduction Project account # E4520 Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: A public hearing on the project manual and estimate of cost for the construction of the above- mentioned project is to be held on the 41h day of February, 2020, 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 project manual 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 21st day of January , 2020 M49t A oved by Attest: Ci Jerk City Attorney's Office It was moved by salih and seconded by Mims the Resolution be adopted, and upon roll call there were Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner Item Number: 11.a. �r CITY OE IOWA CITY www.iogov.org January 21, 2020 Resolution to annex approximately 35.29 acres of land located north of American Legion Road and east of Eastbrook Street. (ANN19-01) ATTACHMENTS: Description PZ Staff Report wAttachments P&Z Minutes Resolution Pre -Annexation Agreement STAFF REPORT - UPDATED To: Planning & Zoning Commission Item: ANN19-01/REZ19-09 GENERAL INFORMATION: Prepared by: Ray Heitner, Associate Planner Date: October 17, 2019 Updated: November 7, 2019 Applicant: Allen Homes, Inc. PO Box 3474 Iowa City, IA 52244 319-350-8238 allenhomesinc@gmail.com Contact Person: Same as Applicant Property Owner: Hieronymous Family Partnership, LLC 3322 Muscatine Avenue Iowa City, IA 52240 Requested Action: Annexation & Rezoning Purpose: Annexation of 35.29 acres of land currently in unincorporated Johnson County and rezoning it from the County Residential (R) zone to Interim Development — Single -Family Residential (ID -RS). Location: East of Eastbrook Street and north of American Legion Road Location Map: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: K 35.29 acres Farmland, County Residential (R) North: P-1 — Neighborhood Public (Parkland) South: R — County Residential (Farmland and Religious Space) East: RS -5 - Low Density Single -Family Residential (Residential) West: P-1 — Neighborhood Public (Parkland) RM -12 - Low Density Multi -Family Residential (Residential) Iowa City/Johnson County Fringe Area Agreement District Plan: Southeast District Plan — Low/Medium Single - Family Residential and Duplex; Medium/High Density Single -Family Residential and Townhouse Neighborhood Open Space District File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: SE3 July 25, 2019 N/A since associated with an annexation The applicant, Allen Homes, Inc., with the consent of the owners, Hieronymous Family Partnership LLC., is requesting annexation and rezoning of 35.29 acres of property located east of Eastbrook Street and north of American Legion Road. The applicant has requested that the property be rezoned from County Residential (R) to Interim Development Single - Family (ID -RS) for the entire 35.29 acres. This area is located adjacent to Iowa City's current boundary and within Fringe Area B of Johnson County's Fringe Area Agreement with Iowa City. The Southeast District Plan shows this area within the City's growth area with a future land use of low/medium single- family residential and duplex housing at a density of 2-8 dwelling units per acre. A western portion of the property (shown below in Figure 1.0) is shown as having medium/high density single-family residential and townhouse housing at a density of 8-13 dwelling units per acre. PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc 3 Fiqure 1.0 - Subiect Property within the Southeast District Plan Map The applicant has chosen to not use the "Good Neighbor Policy" for this annexation and rezoning. A subsequent rezoning will be necessary before the property is platted and developed, at which time, staff would encourage the developer to hold a "Good Neighbor" meeting. ANALYSIS: Annexation: The Comprehensive Plan has established a growth policy to guide decisions regarding annexations. The annexation policy states that annexations are to occur primarily through voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be reviewed under the following three criteria. The Comprehensive Plan states that voluntary annexation requests should be viewed positively when the following conditions exist. 1. The area under consideration falls within the adopted long-range planning boundary. A general growth area limit is illustrated in the Comprehensive Plan and on the City's Zoning Map. The subject property is located within the City's long-range growth boundary. The boundary is located about 1 mile east of the subject property. 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. The Comprehensive Plan encourages growth that is contiguous and connected to existing neighborhoods to reduce the costs of providing infrastructure and City services. The subject property is bordered by the city limits on the west, north, and east sides. Therefore, the subject property is contiguous to current PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc Southeast District - Plan Map 61 �O14t�east § 4 'I '. oil I .. D1 s t r i C `. j I ..�.T. � Legend +� � M Creeb And 5lrcamsIL -� GrowtRArealimrt SE Drstrvi Bouvlaay � � 9 n f I ' • . PCf41dk EIMt!lAfry Shcf i J •, 1{ F—All" -•• Future CM- S.— -- F.K LOUI5lreet NLadd Ufp —..- FW—_ , LoMM.di—NnMy 6F80�01¢k O Mki-Migh Density 3F B F-4— - Mulo "ky __... -MfnW -d Hot V - Fu— Udmn Da✓daWn -- - C,pr(anfrpal � j i l l i f - Ind -1 -CsreratEmpoymenlllmMutnnal 11 �r w {t - PaxvPudlc UVdn space - Pme�e Dpen 6pare � t ••- J/ The applicant has chosen to not use the "Good Neighbor Policy" for this annexation and rezoning. A subsequent rezoning will be necessary before the property is platted and developed, at which time, staff would encourage the developer to hold a "Good Neighbor" meeting. ANALYSIS: Annexation: The Comprehensive Plan has established a growth policy to guide decisions regarding annexations. The annexation policy states that annexations are to occur primarily through voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be reviewed under the following three criteria. The Comprehensive Plan states that voluntary annexation requests should be viewed positively when the following conditions exist. 1. The area under consideration falls within the adopted long-range planning boundary. A general growth area limit is illustrated in the Comprehensive Plan and on the City's Zoning Map. The subject property is located within the City's long-range growth boundary. The boundary is located about 1 mile east of the subject property. 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. The Comprehensive Plan encourages growth that is contiguous and connected to existing neighborhoods to reduce the costs of providing infrastructure and City services. The subject property is bordered by the city limits on the west, north, and east sides. Therefore, the subject property is contiguous to current PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc ri development and meets the goal of contiguous growth. The Southeast District Plan pays specific attention to the subject area, calling it out as an area that has been bypassed by past development in favor of leapfrog development to the north and east. Within the subject area, the Southeast District Plan calls for single-family and duplex residential development at low to medium densities, with some room for medium/high density single-family residential and townhouse style development on the property's west end. Development of this area will provide more efficiency for city services and supply needed connections to existing surrounding development. The proposed annexation will help to accomplish the City's larger goal of fulfilling the need for expanded housing options to accommodate the City's growing population. Because of this need, staff is recommending that as a condition of the rezoning, the developer satisfy the Comprehensive Plan's amended Annexation Policy, as stated in Resolution 18-211. The amended policy requires annexation of land for residential use of 10 or more dwelling units satisfy the City's goal of creating and maintaining a supply of affordable housing by providing affordable units equal to 10% of the total units in the annexed area, with an assurance of long-term affordability. 3. Control of the development is in the City's best interest. The property is within the Growth Area. It is appropriate that the proposed property be located within the city so that residents of future development may be served by Fire, Police, water, and sanitary sewer service. Annexation will allow the City to provide these services and control zoning so that the subject area remains compatible with the Comprehensive Plan. For the reasons stated above, staff finds that the proposed annexation complies with the annexation policy. Zoning: The subject property is currently zoned County (R) Residential. This zone allows for single-family residential dwellings to be built in the subject area. Because of the subject area's location in Iowa City's Fringe Area within the growth boundary, all development in this area must be constructed to City standards and it is unlikely that development would occur prior to annexation. The applicant is requesting rezoning of the subject property to Interim Development Single - Family (ID -RS) for all 35.29 acres of the property. The purpose of the Interim Development zone is to provide areas of managed growth in which agricultural and non -urban land uses can continue until the City is able to provide services to support development. Under this zoning, the only use that is permitted by right is agriculture. The applicant is currently exploring options for subdividing and developing the property. Because the proposed layout of the property is still undetermined, interim zoning is appropriate for this property. Sanitary Sewer and Water: The developer will be required to pay a water main extension fee of $456.75 per acre before public improvements are constructed. The subject property is located outside of the sewer tap -on fee district, and will not be required to pay sanitary sewer tap -on fees. There is a stormwater detention easement over the northwestern portion of the property. It is anticipated that any future development will mostly be located outside of this easement area. Environmentally Sensitive Areas: The subject property does not contain any PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc 5 environmentally sensitive features. The northern and western portions of the property are located in the 100 and 500 -year flood plains. Access and Street Design: To match existing right-of-way located to the west and east of the subject property, staff is recommending that as a condition of the rezoning, the developer dedicate 17 feet of additional right-of-way to the City when the property is platted for future development. As the City performs road improvements to American Legion Road over the next several years, staff is recommending another condition to allow for the conveyance of a temporary construction easement to the City along the north side of American Legion Road. Since the proposed rezoning is only for Interim Development Single -Family residential (ID -RS), the applicant does not yet have a design for street access and interior street connectivity on the subject property. These designs will become available for analysis upon subsequent rezoning and platting of the property. NEXT STEPS: Pending recommendation of approval of the proposed annexation and rezoning from the Planning and Zoning Commission, the City Council will hold a public hearing. Before the public hearing, utility companies and non -consenting parties will be sent the application via certified mail. Pending approval of the annexation by the City Council, the application for annexation will be sent to the Secretary of State's Office for final approval and acknowledgement. STAFF RECOMMENDATION: Staff recommends approval of ANN19-01 and REZ19-09, a voluntary annexation of approximately 35.29 acres and a rezoning from County Residential (R) to Interim Development — Single -Family Residential (ID -RS) with the following conditions: 1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in Resolution 18-211. 2. The dedication of 17 feet of additional public right-of-way along American Legion Road to be dedicated to the City at the time of final platting. 3. Conveyance of a temporary construction easement to the City along the north side of American Legion Road. ATTACHMENTS: 1. Aerial Map 2. Zoning Map 3. Location Map 4. Applicants Statement 5. Temporary Construction Easement Map Approved by: S, e e Sitzman, AICP Department of Neighborhood and Development Services PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc ROPL ! It, 11171 SHAMCK r .'�..�' 'ENDSHST" wF FR IP to 01 CO w 't'�, %K7: 01- P r T� N AVE 1",u~j' LEGION R[ An application submitted by Allen Homes, Inc. for the annexation of 35.29 acres of property located East of Eastbrook St and North of American Legion Rd and rezoning of the subject property from County Residential (R) to Interim Development - Single -Family Residential (ID -RS). I ` i CITY OF IOWA CITY r CUMBERLAND ► f ,�gIIP1Mi BUCKINGHAM LN t �r z,.,.!�k�l ROOK ` I OOO Z t � LL NORWICH ALPINE W' W z I .� An application submitted by Allen Homes, Inc. for the annexation of 35.29 acres of property located East of Eastbrook St and North of American Legion Rd and rezoning of the subject property from County Residential (R) to Interim Development - Single -Family Residential (ID -RS). I— i .Z.F.®4 CITY OF IOWA CITY CUMBERLANDLN BUCKINGHAM LN I I _ 'Zii I I I .�seoRo o I R.. ■ �Ay � 0 o! !� I W I �R R —o co r NORWICH CT R R rr a , TOTTENHAM R R JAVEI >~ R ■ �� o R W R u NEWCASTLE DR,, �Gp� R R ' ct R , o --R R AMERICAN R R LEGION RD RS5 R R RMFR��gN< R R R1� F�,, \ R o R 'AF R �r �R`a �Rf� R � p R RJohnson Countv D & S DESCRIPTION -ANNEXATION PARCEL RSd i 3.. RM92 RM12 F •s•' y" s' RM12 --OPf]o�an1= 5 � 'c x P, FrSS � i HSS �su�s A NEXATION PARCEL`" RS5 P1 A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 v NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON N89°26'40"W COUNTY, IOWA, DESCRIBED AS FOLLOWS: n Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, O along the South Line of the Northwest Quarter of said Section 18, a distance of O Z 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance o with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the 00 Johnson County Recorder's Office; Thence N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a 9) Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", w in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89026'59"E, along said South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01 °31'04"W, along the East Line of said Parcel 1, a distance of 756.10 feet; Thence N20°10'51"E, along said East Line, 209.78 feet; Thence N50°29'32"E, along said o East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the Records of the Johnson County Recorder's Office; Thence S00°50'20"E, along said West Line, and the West Line of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson o County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the Northwest Quarter of said o Section 18; Thence N89°26'40"W, along said South Line, 1169.60 feet, to the Point n of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to easements and restrictions of record. r PARC EL I [RALSTON CREEK SOUTH PROPERTY ACOUMMON IN AGGORPANGE WITH THE PLAT THEREOF REGORPEP IN PLAT 600' 19 AT PAGE 84 OF THE REGORPS OF THE JOHNSON COUNTY REGORPER"S OFFICE S89'26'59"E 373.32'(M) 373.47'(R) PARC EL I RALSTON CREEK SOUTH PROPERTY CP ACOUMMON C�' IN ACCORDANCE WITH THE PLAT THEREOF REGORPEP IN PLAT HOOK 19 AT PA(vE 84 OF THE RECORDS OE THE JOHNSON COUNTY RECORDER'S OFFICE off' (SLI V V V ll \4 — IN Ll \4 SEC 'R OO N I _79=5 N89°45'05"E ,177.85'(M) 177.66'(R) I M M DSOO RPART THREE IN ACGORPANCE WITH THE PLAT THEREOF RECORDED IN PLAT HOOK 58 AT PAGE 235 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE I I 87 I O O I II I I I I I - I I — I \ ANNEXATION ;PARCEL o --- �� 35.29 AC I I I II I n I � U og I I I I � I of I � I I I II �\�/��\�//7 /[�J � � �\�/��\�//7 /[�J � /LTJ � ��\\�� \�/��\�//7 /LTJ � O V V 1\4 - IJV V V 1\14 SE, 1\4 - IJN V V 1\4 SCEC NON 10-79-5 -79-5 I G' I I I I I � I� I I [PARCEL 2 RALSTON CREEK SOUTH IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGE 84 OF THE RECORDS OF THE JOHNSON COUNTY REGORPER"S _ I -- O I I � v II ----- I mmbmH %vEsT PART ONE IN ACGORPANCE WITH THE PLAT THEREOF RECORPED IN PL 600(\ 50 AT PAGE 266 OF THE RECORDS OF THE JOHNSON COUNTY RECORPERS OFFICE I � d I g I , I 6 � I � II I I �I I � I � I 1 _= 1 -l_ WEST QUARTER CORNER OF SECTION 18—T79N—R5W OF THE FIFTH P.M. S89°26'40"E — Y461.91' n 1169.60' _MLE i EST IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT N ACCORDANCE WITH THE PLAT THEREG RECORDED IN FLAT POCK 51 AT gni iTv �F�i❑ BOO 40 AT PAGE m1�4 GF THE RECORDS OF THE J0INSON I / PA&E 346 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER"S OFFICE �Fi nvnGn'c ----- 11� Cn rn � o D O n 0 S Q coo a LF LF C 7 N co 0 QI 9 (D O 4 N N N O CD Ef if: 00 0 DZ z O Z Cn z y 0 Z Cn � n z m D 0 Z X 00 -------------------+--I--low-f- SOUTH LINE OF THE NORTHWEST v W N89°26'40"W CHURCH OF CHMST n O �jj�/�J L�\ EAST B ROOIJ v O IF LA73 O Z POINT o 00 IN AGGORPANGE WITH THE PLAT THEREOF REGORPEP z IN PLAT 606K 55 AT PAGE 20 Of THE RECORDS OF j THE JOHNSON COUNTY REGORPER"S OFFICE PARC EL I RALSTON CREEK SOUTH PROPERTY CP ACOUMMON C�' IN ACCORDANCE WITH THE PLAT THEREOF REGORPEP IN PLAT HOOK 19 AT PA(vE 84 OF THE RECORDS OE THE JOHNSON COUNTY RECORDER'S OFFICE off' (SLI V V V ll \4 — IN Ll \4 SEC 'R OO N I _79=5 N89°45'05"E ,177.85'(M) 177.66'(R) I M M DSOO RPART THREE IN ACGORPANCE WITH THE PLAT THEREOF RECORDED IN PLAT HOOK 58 AT PAGE 235 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE I I 87 I O O I II I I I I I - I I — I \ ANNEXATION ;PARCEL o --- �� 35.29 AC I I I II I n I � U og I I I I � I of I � I I I II �\�/��\�//7 /[�J � � �\�/��\�//7 /[�J � /LTJ � ��\\�� \�/��\�//7 /LTJ � O V V 1\4 - IJV V V 1\14 SE, 1\4 - IJN V V 1\4 SCEC NON 10-79-5 -79-5 I G' I I I I I � I� I I [PARCEL 2 RALSTON CREEK SOUTH IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGE 84 OF THE RECORDS OF THE JOHNSON COUNTY REGORPER"S _ I -- O I I � v II ----- I mmbmH %vEsT PART ONE IN ACGORPANCE WITH THE PLAT THEREOF RECORPED IN PL 600(\ 50 AT PAGE 266 OF THE RECORDS OF THE JOHNSON COUNTY RECORPERS OFFICE I � d I g I , I 6 � I � II I I �I I � I � I 1 _= 1 -l_ WEST QUARTER CORNER OF SECTION 18—T79N—R5W OF THE FIFTH P.M. S89°26'40"E — Y461.91' n 1169.60' _MLE i EST IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT N ACCORDANCE WITH THE PLAT THEREG RECORDED IN FLAT POCK 51 AT gni iTv �F�i❑ BOO 40 AT PAGE m1�4 GF THE RECORDS OF THE J0INSON I / PA&E 346 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER"S OFFICE �Fi nvnGn'c ----- 11� Cn rn � o D O n 0 S Q coo a LF LF C 7 N co 0 QI 9 (D O 4 N N N O CD Ef if: 00 0 DZ z O Z Cn z y 0 Z Cn � n z m D 0 Z X 00 -------------------+--I--low-f- SOUTH LINE OF THE NORTHWEST QUARTER W N89°26'40"W CHURCH OF CHMST m t O 0 600K 30 AT PAGE 280 OF THE RECORDS OF THE JOHNSON O Z POINT OF o0 '�= I� BEGINNING Q C) PARC EL I RALSTON CREEK SOUTH PROPERTY CP ACOUMMON C�' IN ACCORDANCE WITH THE PLAT THEREOF REGORPEP IN PLAT HOOK 19 AT PA(vE 84 OF THE RECORDS OE THE JOHNSON COUNTY RECORDER'S OFFICE off' (SLI V V V ll \4 — IN Ll \4 SEC 'R OO N I _79=5 N89°45'05"E ,177.85'(M) 177.66'(R) I M M DSOO RPART THREE IN ACGORPANCE WITH THE PLAT THEREOF RECORDED IN PLAT HOOK 58 AT PAGE 235 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE I I 87 I O O I II I I I I I - I I — I \ ANNEXATION ;PARCEL o --- �� 35.29 AC I I I II I n I � U og I I I I � I of I � I I I II �\�/��\�//7 /[�J � � �\�/��\�//7 /[�J � /LTJ � ��\\�� \�/��\�//7 /LTJ � O V V 1\4 - IJV V V 1\14 SE, 1\4 - IJN V V 1\4 SCEC NON 10-79-5 -79-5 I G' I I I I I � I� I I [PARCEL 2 RALSTON CREEK SOUTH IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGE 84 OF THE RECORDS OF THE JOHNSON COUNTY REGORPER"S _ I -- O I I � v II ----- I mmbmH %vEsT PART ONE IN ACGORPANCE WITH THE PLAT THEREOF RECORPED IN PL 600(\ 50 AT PAGE 266 OF THE RECORDS OF THE JOHNSON COUNTY RECORPERS OFFICE I � d I g I , I 6 � I � II I I �I I � I � I 1 _= 1 -l_ WEST QUARTER CORNER OF SECTION 18—T79N—R5W OF THE FIFTH P.M. S89°26'40"E — Y461.91' n 1169.60' _MLE i EST IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT N ACCORDANCE WITH THE PLAT THEREG RECORDED IN FLAT POCK 51 AT gni iTv �F�i❑ BOO 40 AT PAGE m1�4 GF THE RECORDS OF THE J0INSON I / PA&E 346 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER"S OFFICE �Fi nvnGn'c ----- 11� Cn rn � o D O n 0 S Q coo a LF LF C 7 N co 0 QI 9 (D O 4 N N N O CD Ef if: 00 0 DZ z O Z Cn z y 0 Z Cn � n z m D 0 Z X 00 -------------------+--I--low-f- SOUTH LINE OF THE NORTHWEST QUARTER - - - N89°26'40"W CHURCH OF CHMST /LINTY RECORDER'S OEFICE SUBIDMISJON IN A6GORPAN6E WITH THE PLAT THEREOF REGORPEP IN PLAT 600K 30 AT PAGE 280 OF THE RECORDS OF THE JOHNSON I COUNTY RECORDER'S OFFICE �WMTE ISARN IE37ATES IN ACCORDANCE WITH THE PLAT THEREOF REG EP IN PLAT BOOK 43 AT PAGE 160 OF THE RE(ORP3 OF THE JOHNSON /LINTY RECORDER'S OEFICE M z C C) z � o n z r r M p z 0 o � rn C-) 52 M z z M -< z M Z75 c7 O M M i ----i �)o ;;a ;;a Cf) C/) Cn Cf) Cn Applicant Statement: The property is proposed to be annexed and zoned as part of Iowa City, in order to meet the continuing demand for residential housing. The property is adjacent to Iowa City corporate limits, and within the growth area. With the pending American Legion Road reconstruction project, urban infrastructure will be in place to serve this and surrounding properties. • f. �3 ' ��145 r s�'R'! a.rW kM�.1l�� iW � !r!��+�lyRiiiYM LAXr�•r�RNfdbi�flNLW.dbHIR��. - ••• N �RVt..i ♦ _-e.'w�L� ' � ;� I I } - a• � -. d+f J..rA[ - �- irrr��R W-rLi1. Yr. ��. - .�r�VW �w..iYli•�i'w�4s1/wlliYftlM..-. � ♦+kM[.�i�.riY.�hdRwl�w'� R _ - r. j� i ria +Pits , _ -: ......a r. e..w - ....-�c..•..>,w..�.... _-�..�•e...�+.+;...:,Rar....al.[.-.r,,.:.��4..._ -..... . - . _ J . �. - f .wry"'n'"�'�.. y' - '�4. +T` -.�, a. >•--i.'A`d"i��..�,Ra,ly; �-��;� _ .. .«...r.R.�=...+.rre•.�*.....-.. �` r ....wR+cR.RRRw',� �r'' .^� _ }j' � ;•{,..;�.'}�., 'r _-..�� -�� .>c•`''N •�-,___ � ,.++Waa�`�ara+wsn ,w..�s'.w+,.�,��. - .+...-� �- � - xa,r...aa a.c...i-s•.ks•t-` � . �T,Y^, ►A' HlwR'R�^wMr•� �. �_ � _ �- '- G:w.TM'✓owr}. .lJ�r.-.i /aw•iLRRR ry •wrn.s.ihflY .. _ .MR�Rs�llRry�nN -$Z #�WRR�� IMwRWRr.Rp �RrJ. M1'Rwi�Y. - ••M.y{.R..i�.t�[rr�y• •• ,•,• r..b K'w . _ .. - - MWy.R •cam++. q. A...�.. - ..... � iYRn.Rra�R;.rR►/� u _ �rs>/rrw[lrWutl.wNl�t�. '- �4��e allYfeArR�l�{+wR1.�soY.�� HtRA+Mw.�•��4�a••�• . i. - � a+rw[�y,a+..�+�<iK++Ea+.rRwr..M.a�.r.=....� .a i...a+wi.Rn...r....,�a��an..,.��wu�.�w+.frwh.+V �� .R..�.s. �.vi.R.. r�✓ r JrWy.ya R Y?.!�.l r-s�.s+/�a,I. .. �- A. illu/R►�iYyR+:�R'w 1{ab t'Mw Js.Jrlany.IRyY - M+•.R•R.e'WRYwIi/rJ.Ki�_ .� r:r .' �.�n..+r.-vohl - ..� '�--+.wwar. w.-.... a'rnt or tf� .w� w+.cr iR=.•wWr�.+.ral.ni ,.r- t.li�in+r..aa wacR .n' :a..r. arwR+•.= . H. -- .•.r.. t+ .y,. .'.+...�.,�. +...+•RSR-..i..w;•.r.r.. .n.r. - v...•RI►1...�+-.w....n»+.,[o.+ o...... .raR�.a .w+r.+.• - � r .. � 'X •.--N��r. Yu_Y. l•.- 1'•• l+vif - +4 - R •�Jr f '- - 'aaw\-. �a.wa�..•'+"�r•. - -._- wIM_�}1nAlJ h4�RT. �..I�� M+ S -0.. r.Y_•. r .par•^-'� wM.YMM/ ` R[wu.. .•'N � - _ ` �'.' ,w'uRraw..r.aRW-' R� frin�w.�:%�`a�e�Fao.+��waMw t`� .- C ..«c..��.. '... ...i�r�-►. - . ..�.. rr' -.: :...s,tt•IRebm auv�. �5.. Mc...z �+K.. \:.a ... r....►.. +u.: nv�a..:'.. -. .. .-_.w. It � �.-� � .i.igRMi.ilN:�Y'.'.w.R.}-wiwati J= •• -�� rally=Wi �• Y.��•L +�w-_.fr..v.r^. •ROlire. 1- - pdiYW>aRRRF- '"� - 1�Itl.+�MRJfY� s .IMY'IA'<...a✓fL�IR•i wrRAJR q .CRS-Y•YYvir.�w _ �R L f1.wJlta^re. J. yf4ifMa 'I.bfRY.-aCA•.�'�f/K+�MJ'1nrY oPRL .R.M µ .R.l�� lbw <�-fir. +fie.'�RRIRIl►�wtiMUiYM/MRu�RN1eV�4ta1...�Rrlc�. ..Yw.wl Jl.lLi{il.Y,� daM �'�=i' w 4 �, a ��iiRrR � tb�p�.--t. ... ....., �• .:JK-�1R �.a.M-Y � �.i, � .. a[. ✓ � - _ ' +^a.�'rt.., l.r^, _rw f �r�� .. u tl.q .''M'•l Js.. ,. . - r yi�rR • - ./6 1N�w.11Yi1LVN-. ..�111af ��RrRar �w . .` ;�.w.�Y--fa.w �__ •s�JwrRJlfL�t t aJ>.i.VP�RI�!Jli.tr..•R"�"Qt�f -'a ... r4�1/��-��r'}y T�..�. �'i.C' 4-y r�L1MY.�4i.•-'.•IiM6f.l+r12- r-� •,u- ...�a�.�t� �` � r...r ��i<✓I�i�•r.. L _ •.t - ae.-."�...�w-,r ..w.�a.:vle...w.-- ..c.r.., r.�w..... -.. ..f--t�.t: •+4r'c: +R.R..e�...,.w....R...�ir.a..w w..R. +:e ss.. w..;. w•..sa.z .awcww--_ Y' � - }r..1i wRaM.....gry.. - --':�a►niti+iR�n...Rc.-1-�...:r-mow. /lpssq.+f4r• .J.s.v«i rV.u.... - R w+•�•.•w yq.,rRRJ„�• �.�.r �1i'.� • • ;" R - m .IRRf�?rr.N1^bR{lnr4.� +hR V.rw.yv�... 'f'Y�R.wrr`=�—. is �iR.: .n.aJJ..:-reM .y. �.• +��.,-v.a= .-i w.�w w.+. -cwt .L 4wcnr+��C wa�ti�Wr' mfr : r f `i-� _ b } s M...G.I Y��t O ',rs..'r1 iW.a- sic.: -,n J�+i-«,v+Isla.�r.a..Ort,.�..w...s..-.�.m•� �.,�.�..r�� ... _ � .t+,�1y. -. - •'+�T+• � .+.... - .•-,I.►� x...s-i..na�el_+,a.ahsr.�:.,.. ra...c - -a.+m - ` [�� - - M.�� -gar+ --.. � ....Rr.• �.�.tic�w.w.rw.aR+..as - �........m+rnw. _ . SUMMIT RID', LLC � '. _. - s � �- . � _,• �+rVrh�•.... ++.:-�..rR..w.a��•ar. _ . 'aK`+!+R[+Mi+-f.i �R - - _ : _ ' (• .. ti... ..- .--..rL388.3/ - TEMPORARY EASEMENT -i+�•!.�+.r+Y�.+rY J�.w.i.N.w.w�f a..4 -R iIRCW: r.+e.�. �R.a..a�«�a.r•.. _ APPROX. 136 16 FT- -• - - TEMPOR/�I- r Ca MEP�IT- wR.. T _>rl1_:.•i3.'�=�-�" n�...+cw•a..a +`�'�"�►++Rar.w�l. r..--.-. - i IGN oYw AOL ROW s s APPROX. 6630I� T EXISTING ROW R/W SHRUB REMOVAL — - — - — — — R/W R/W R/W R/W R/W R/ R PROPERTY EXHIBIT LEGEND - - - - - PERMANENT EASEMENT BOUNDARY ® PERMANENT EASEMENT TEMPORARY EASEMENT BOUNDARY TEMPORARY EASEMENT PROPOSED RIGHT -OR -WAY FEE ACQUISITION EXISTING RIGHT-OF-WAY _ _ — _ GRADING LIMIT BOUNDARY EXISTING PARCEL LINE OWNER: PARCEL #3 SUMMIT RIDGE LLC PREPARED FOR: CITY OF IOWACITY ENGINEERING DEPARTMENT y AMERICAN LEGION ROAD SE CITY OF IOWA CITY Fot h v R/W GW ❑ Ee - i c E„ N I 0 30 F� 7/30/2019 _ F RLIPOSED PERMAN'EIT EJ-IE ;T 1� Il' O i. A HIERONYMUIJ FAMILY PRTNRSHE LLP PERMANENT EASEMENT -FPROX. 1EE2-1 FT PROPERTY EXHIBIT HIERONYMUS FAMILY PARTNERSHIP LLP LEGEND - - - PERMANENT EASEMENT BOUNDARY ® PERMANENT EASEMENT TEMPORARY EASEMENT BOUNDARY TEMPORARY EASEMENT PROPOSED RIGHT -OR -WAY FEE ACQUISITION EXISTING RIGHT-OF-WAY _ _ - _ GRADING LIMIT BOUNDARY EXISTING PARCEL LINE OWNER: PARCEL #4 HIERONYMUS FAMILY PARTNERSHIP LLP PREPARED FOR: CITY OF IOWA CITY ENGINEERING DEPARTMENT RCW - R/W - - AMERICAN LEGION ROAD SE CITY OF IOWA CITY Fot h V N 0 50 F� 7/30/2019 MINUTES FINAL PLANNING AND ZONING COMMISSION NOVEMBER 7, 2019 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: STAFF PRESENT: Sarah Hektoen, Jesi Lile, Anne Russett OTHERS PRESENT: John Yapp, Nicole Neal West, Siobhan Harman, Paul Esker, Steve Gordon, Mike Pugh, Cordell Braverman, Ousainou Keita, Gina Landau, Adam Jablaski RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0, the Commission recommends approval of ANN19-01 and REZ19-09, a voluntary annexation of approximately 35.29 acres and a rezoning from County Residential (R) to Interim Development — Single -Family Residential (ID -RS) with the following conditions: 1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in Resolution 18-211. 2. The dedication of 17 feet of additional public right-of-way along American Legion Road to be dedicated to the City at the time of final platting. 3. Conveyance of a temporary construction easement to the City along the north side of American Legion Road. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NOS. ANN19-01 AND REZ19-09: Applicant: Allen Homes, Inc. Location: North of American Legion Road and east of Eastbrook Street An application submitted by Allen Homes, Inc. for an annexation and rezoning from County Residential (R) to Interim Development — Single -Family Residential (ID -RS) for approximately 35.29 acres of land currently in unincorporated Johnson County and located north of American Legion Road and east of Eastbrook Street. Russett began the staff report showing a location map of the property, the property is currently in the County zoned residential, it is surrounded by the City. To the north it is zoned P (where there is a City park), to the east there is single family, to the west is multifamily and to the south Planning and Zoning Commission November 7, 2019 Page 2 of 5 is more single family. The property is located in the Fringe Area B, which is inside the City's growth boundary, and the proposed rezoning is to Interim Development Single -Family Residential. That zone allows very low density single-family, it also allows plant related agricultural uses such as row crops and some other non-residential uses (allowed provisionally or through special exception). Russett noted an additional rezoning will be required before any platting or development of this site takes place. The applicant did not hold a good neighbor meeting, but staff will recommend a good neighbor meeting be held upon the next rezoning. Staff has forwarded this application to the Johnson County Board of Supervisors and the Scott Township Trustees and neither have expressed concerns regarding the annexation or the rezoning. The project site is located in the Southeast District Plan area, which again is within the City's growth boundary. In terms of intended future land use Russett noted the majority of this site is intended for low to medium single family residential and duplex housing at a density of 2-8 dwelling units per acre. A small western portion of the site allows for medium to high density single-family residential and townhouse housing at a density of 8-13 dwelling units per acre. Staff uses three criteria to review annexation requests. The area under consideration falls within the adopted long-range planning boundary. (1) A general growth area limit is illustrated in the Comprehensive Plan and on the City's Zoning Map; (2) Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City and; (3) Control of the development is in the City's best interest. Regarding the first criteria, the subject property is located within the City's long-range growth boundary and surrounded by City property. In terms of the second criteria, the Comprehensive Plan encourages growth that is contiguous and connected to existing neighborhoods. The subject property is bordered by the city limits on the west, north, and east sides. The property is specifically highlighted in the Southeast District Plan as an example of leapfrog development to the north and east. The proposed annexation will allow for implementation of the City's affordable housing policy upon development of the site. Therefore, staff is recommending the satisfaction of this requirement as a condition of the rezoning. For the third criteria, that control of the development is in the City's best interest, this annexation will allow for contiguous provision of City services such as Fire, Police, water, and sanitary sewer service. The City has an interest in administrating zoning in this area to make sure that the objectives of the Comprehensive Plan are met. Russett reiterated the requested rezoning is to ID -RS, Interim Development Single -Family. Agricultural and nonurban uses can be continued within this zoning until the property is developed. Because the applicant is still exploring options on how to develop and subdivide the property this interim zoning designation is appropriate. In terms of sanitary sewer and water, the developer will be required to pay a water main extension fee of $456.75 per acre before development. The subject property is located outside of the sewer tap -on fee district, and will not be required to pay sanitary sewer tap -on fees. The subject property is located within 100 and 500 -year flood plains. In terms of access and street design, to match existing right-of-way located to the west and east of the subject property, staff is recommending that as a condition of the rezoning, the developer dedicate 17 feet of additional right-of-way to the City when the property is platted for future development. As the City performs road improvements to American Legion Road over the next several years, staff is recommending the developer pay 12.5% improvement costs to the American Legion Road frontage. Staff is also recommending another Planning and Zoning Commission November 7, 2019 Page 3 of 5 condition to allow for the conveyance of a temporary construction easement to the City along the north side of American Legion Road for the reconstruction of American Legion Road. The improvements will extend from Scott Boulevard on the west side all the way to Taft Avenue on the east side. The City is looking at installing a roundabout at the intersection of Scott Boulevard and American Legion Road, the improvements will also include buffered bike lanes, a 10 -foot sidewalk along the north side of American Legion Road and a 5 -foot sidewalk along the south side as well as a grade -separated crossing at Hoover Elementary School. In terms of the City's timeline, the City is currently trying to acquire property in this area and may bid this project in spring 2020 but it may be pushed to fall 2020 or winter 2021. The role of the Commission in this rezoning and annexation is to determine if it satisfies the conditions as stated in the Comprehensive Plan, whether the proposed annexation and rezoning falls within the growth boundary, whether if development in the area proposed will fill an identified need, and whether control of development in the City's best interest. In terms of next steps, after the Planning and Zoning Commission makes a recommendation, the City Council will hold a public hearing. Before the public hearing, utility companies and non - consenting parties will be sent the application via certified mail. Pending approval of the annexation by the City Council, the application for annexation will be sent to the Secretary of State's Office for final approval and acknowledgement. Staff recommends approval of ANN 19-01 and REZ19-09, a voluntary annexation of approximately 35.29 acres and a rezoning from County Residential (R) to Interim Development — Single -Family Residential (ID -RS) with the following conditions: 1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in Resolution 18-211. 2. The dedication of 17 feet of additional public right-of-way along American Legion Road to be dedicated to the City. 3. Conveyance of a temporary construction easement to the City along the north side of American Legion Road. Hensch sought confirmation that, since this was an ID rezoning, this property would definitely come back before the Commission prior to development. Russett confirmed the Commission would see it again when it is rezoned for development. With regard to the improvements to American Legion Road, Hensch noted it is in the five-year road plan. Russett confirmed that is correct and the latest the project would be bid is winter 2021. Hensch noted to the west is a water detention area to combat flooding and asked if this property was outside of that flooding area. Russett said a portion of that water retention area is in the project site so that area will have to remain an outlot and not be developed. Baker asked when this application comes back before the Commission on the next rezoning it is possible the entire project could be developed at the higher density that is allowable in the western portion. Russett stated that is not possible. When the applicant requests the rezoning, they may just request one zone district but it is possible to request two zone districts, having the Planning and Zoning Commission November 7, 2019 Page 4 of 5 western portion at a higher density Hensch opened the public hearing. John Yapp (930 4th Avenue) is representing Allen Homes, the applicant, he wanted to speak about the temporary construction easement that staff has recommended. Yapp said he talked with staff about (and it's not reflected in the report) if his project moves faster than the American Legion Road project they would grade that area where the temporary construction easement is to meet both their purposes and the City's purposes. This would potentially reduce, or eliminate, the size of that temporary construction easement and this was something staff was agreeable to and would put in the conditional zoning agreement. Hensch asked if the area was currently being row cropped. Yapp confirmed it was. Hensch asked it was being farmed by the owner or leased. Yapp replied it was leased. Hensch asked what the CSR was for the property. Yapp is unsure of the CSR. Hensch asked about the flooding area. Yapp said there was a floodway easement approximately where the 100 -year flood plain is. Hench noted that in the 1993 flood that whole area was under water. Hensch closed the public hearing. Parsons moved to recommend approval of ANN19-01 and REZ19-09, a voluntary annexation of approximately 35.29 acres and a rezoning from County Residential (R) to Interim Development — Single -Family Residential (ID -RS) with the following conditions: 1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in Resolution 18-211. 2. The dedication of 17 feet of additional public right-of-way along American Legion Road to be dedicated to the City. 3. Conveyance of a temporary construction easement to the City along the north side of American Legion Road. Townsend seconded the motion. Baker asked about the next steps and what was meant by "non -consenting parties" to the annexation. Russett noted that is not applicable in this case, it is only required if there are any non -consenting landowners that don't want to be annexed. In this case all of the parties are consenting. Parsons feels this application makes sense for the overall development along American Legion road. Signs agreed. Baker went on record to say he feels it will end up being higher density than what is discussed here, but that can be reviewed at the next stage of rezoning. A vote was taken and the motion passed 7-0 PAUL D. PATE SECRETARY OF STATE March 17, 2020 Kellie K. Fruehling Iowa City City Clerk 410 E Washington St Iowa City, IA 52240 Re: Res 20-19 Dear Ms. Fruehling: �4tg OF to m PFTy 'CRY Of LUCAS BUILDING DES MOINES, IOWA 50319 You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary annexation of territory to the City of Iowa City, which was approved by the city January 21, 2020 has been received and filed by this office as required by Iowa Code section § 368.7. You may consider the annexation filed. In accordance with § 368.1(15) and § 368.7A the territories extend to the center line of all secondary roads adjacent to the above described properties. Iowa Code 312.3(4) requires the mayor and city council to certify the population of any annexed territory, as determined by the last certified federal census, to the treasurer of state in order for apportionment of street construction funds to be adjusted. Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure these territories are assigned to the correct election precinct and/or ward (if any). If you have questions or concerns about this communication, please let me know. Sincerely, Melanie Shellenberger Iowa Secretary of State's Office 321 E. 12'h St, Des Moines, IA 50315 Melanie. Shellenberger@sos.iowa.gov Cc: Annexations, Iowa Department of Transportation Matt Rasmussen, City Development Board Administrator rnone Jib-Z6l-S2U4 Fax 515-242-595 sosdowa.gov iowa.gov sos@sos.iowa.gov Prepared by: Ray Hehner, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5238 (ANN19-011REZ19-09) RESOLUTION NO. 20-1 A resolution to annex approximately 35.29 acres of land located north of American Legion Road and east of Eastbrook Street. Whereas, Summit Ridge LLC and the Hieronymous Family Partnership LLP are the owners and legal titleholders of approximately 35.29 acres located at Eastbrook Street and American Legion Road; and Whereas, the applicant, Allen Homes, Inc., with the consent of the owners, has requested annexation of the approximate 35.29 -acre tract into the City of Iowa City, Iowa; and Whereas, the aforementioned property is located within the Long -Range Planning Boundary of the City of Iowa City, and Whereas, control of the area proposed for annexation is in the City's best interest because it will allow development in a manner consistent with the Comprehensive Plan; and Whereas, pursuant to Iowa Code 368.5 and 368.7 (2019), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott Township, the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of Governments; and Whereas, none of these entities have objected to the proposed annexation; and Whereas, in accordance with adopted City annexation policy, the owners and developer have executed a pre -annexation agreement committing to the provision of affordable housing on a portion of the subject property; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence N00033'49"E, along the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1 Resolution No. 20-19 Page 2 of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89026'59"E, along said South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01 031'04"W, along the East Line of said Parcel 1, a distance of 756.10 feet; Thence N20'1 0'51 "E, along said East Line, 209.78 feet; Thence N50029'32"E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89045'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the Records of the Johnson County Recorder's Office; Thence S00°50'20"E, along said West Line, and the West Line of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 1169.60 feet, to the Point of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. 3. The Mayor is authorized to execute and the City Clerk to attest the attached Affordable Housing Pre -Annexation Agreement. 4. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 and the attached agreement at Owner's expense. Passed and approved this 21st day of January , 2020. MA 'R Approved by ATTEST: CITY CLERK /�City Attorney's Office / / Resolution No. Page 3 It was moved by Mims and seconded by Salih Resolution be adopted, and upon roll call there were - Mw NAYS: ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner the Affordable Housing Pre -Annexation Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Summit Ridge, LLC and Allen Development, Inc. (hereinafter collectively referred to as "Owners"). Whereas, Owners filed an application for voluntary annexation of some 35.29 acres, legally described below, located east of Eastbrook Street and south of American Legion Road; and Whereas, pursuant to Resolution 18-211, the City of Iowa City has adopted an Annexation Policy that states: If the annexation is for residential development that will result in the creation of ten (10) or more new housing units, the development will support the City's goal of creating and maintaining the supply of affordable housing. Such support shall be based on a goal of providing affordable units equal to 10% of the total units in the annexed area with an assurance of long-term affordability, preferably for a term of not less than 20 years. Income targets shall be consistent with the City's existing program requirements. How the development provides such support will vary depending on the particular circumstances of the annexation, and may include, but is not limited to, transfer of lots/units to the City or an affordable housing provider; fee -in -lieu paid to the City's affordable housing fund; and/or participation in a state or federal housing program. In determining the most desirable option, preference shall be weighted toward options that help achieve better socio-economic balance among Iowa City neighborhoods and among schools in the Iowa City Community School District. An agreement committing the Owner/Developer to the affordable housing obligation shall be required prior to annexation, and shall be further memorialized, if necessary, in a conditional zoning agreement. Whereas, the Planning and Zoning Commission considered this application and recommended approval subject to compliance with the adopted Annexation Policy; and Whereas, it is in the public interest to execute this agreement consistent with the adopted Comprehensive Plan Annexation (Policy. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Summit Ridge, LLC and Allen Development, Inc. are the collective legal title holders of the property legally described as: A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office; Thence N00033'49"E, along the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89026'59"E, along said South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01°31'04"W, along the East Line of said Parcel 1, a distance of 756.10 feet; Thence 1\120°10'51"E, along said East Line, 209.78 feet; Thence N50°29'32"E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89045'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the Records of the Johnson County Recorder's Office; Thence S00°50'20"E, along said West Line, and the West Line of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 1169.60 feet, to the Point of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to easements and restrictions of record. 2. In the event that the above-described property is annexed into the City of Iowa City, Owners agree that it shall execute, prior to issuance of a building permit, an affordable housing agreement committing to: i. rent or sell 10% of the total units constructed on the above-described real estate to income -eligible families for a period of 20 years from the date certificates of occupancy are issued for each such affordable unit, to be administered in accordance with Iowa City Code of Ordinance 14-2G-8, or a similar state or federal housing program; or ii. convey 10% of the total units to the City or an affordable housing provider for such affordable housing purposes; or iii. the payment of a fee -in -lieu thereof to the City's affordable housing fund, in an amount established by Resolution 18-213, approved on July 17, 2018, or, if said resolution has been rescinded at the time Owners apply for a building permit, as otherwise established by Council resolution. 3. This Agreement constitutes the entire agreement between the parties with regard to annexation of the subject property and supersedes all prior offers, agreements, arrangements and contracts, whether oral or written, concerning the subject matter hereof. Owner acknowledges and agrees that no representations have been made that would limit the City Council's ability to exercise its powers delegated to it by Iowa Code Chapter 414. 4. This Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. Dated this 2-)6+ day of�2020. ty of Iowa City �, ce Teague, Mayor Attest: Summit Ridge LLC BY Allen Development, Inc. Kellie ruehling, City CI k App ved by: �j 0�� City Attorneys Office gj 131 app City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) R d By: or I This instrument was acknowledged before me on �3—aoLtEx -2-1 1 2020 by Bruce Teague and Kellie Fruehling as Mayor and City Clerk, ree .tivel, of the i r f I wa City. otary 15-ublic in and he State of Iowa Summit Ridge, LLC Acknowledgement: State of Iowa County of Johnson (Stamp or Seal) My commission expires: W a HRISTINE OLNEY Commission Number 806232 a My U Go ssign Expires o * 0 ss This record was acknowledged before me on I' 29 , 2020 by Jesse Allen, as J %ISM Aur it MAIV.4 4O1R (type of authority) of Summit Ridge, LLC. i Yzr-` Notary Public in and fofr tIfd State of Iowa (Stamp or Seal)es DQNN W YAP? 106 Commission Number 81559E I My commission expires: " My mission Expires roup` yrct+-8, 2022 , Allen Development, LLC Acknowledgement: State of Iowa County of Johnson This record was ac owledgged before me on i 2020 by Jesse Allen, as o(d G.ga4�i 2 �1(o✓4VE1Q (type of authority) Allen Development, LLC. %--- iz-- Notary Public in a d for tie State of Iowa (Stamp or Seal) tir"r <� JOHN W YAPP z° Commission Number 815686 My Commission Expires March 8 2022 qW, JOHN W "APP`�' Commission Number 815686 My M chCOmmis8 Q2D221re: I! My commission expires: DESCRIPTION -ANNEXATION PARCEL A PORTION OF TME NORTHWEST OUARTER OF SECTION IS. TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FffTH PRINCIPAL MERIGPN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: CommenoNg al Me Weet Guenter Comer of Renton 1& Torembp 79 NOM, Sent. S Ydea4 of Me Fifth PMd(el Merger. J Imam Comity, lows: Therm SBB'28'4VE, goo, IM South UP. M Me NOMwe. a., of Ing Sec4m fS, a Netmre , 441.9] M1tl, to the SoNheaet Croner d Earthrook FbY Pil38m, in eaoNaru TOP the Plot thereof Record. in Plat Book 56 at P,e 20 of Me Rem. of Me JMrvem CwMy RecoNeh Once, gent Me POINT OF BEGINNING Therm NW-M491E, Wong Me Too Une of ask Eaelmok Flaffi NM96 n, 509.80 kel, to Me rvaNe®t comer Mereo( OW a Polon onthe South Dro M Parrel t of °Ralffian Cfeek SoNh Property AapMogrm', M-Poingme wAh Me P o Metmf RmoNeE N PW Book 19, al Page & W Me Regents N Ne JoMmor County RewMela Of .; Therm Soe ° 59'E, qmp sell South We, 3]3.32 fee[ W the SeuMe®t Comer Meeeo4 Ther WirM'D4Yi, Coming Ent UM of said Pettel 1. a thence of 758.10 fee; Ther MhTNT$CD en, Ni Ego Une, 209.78 hg: Then[a NW°2833£, Nofq NEW Ea4 UPC 690.91 feel, W Me Mitheaet Comer theme Then. N69°45VRE, 17].85 ke[ M a Point an Me West One of WUMorWe. - Feet Thee, In aowrorme wEh the Phi thereof Remroed In Plk Back 56 M Pie 235 of Me Rem1W of Me JOM on Come, Ri m i Of ere; TM. BWENIyE, Mord Pell Wed Unq eM the Wink UPC d W rolog West - Pent One, to mw6anm wIM Me PSI tYGhN RemNetl in Pig Book W at Page 266 of tM Be... of the JoMmn CmMy Re. V. Office, 191070 bel, to the SoNhw2H Comer M C. Wiri Went - Pml One, . a PUN on Me SWIM UP. of the NoMwoel Ouanter of earl SeNm 18; Mane N89'M'9V W, alone, eeq Some One, 116940 feet, to Me Pant of Beg'momg. Sed Ameralim Pend conker 3529 POP, am Io suckalloeaemembi eM ng flotlonw of rcmd. PARCELS PARCEL 9 WALSTOrN CREEK SOUTH PROPERTY ACQUOSMON MW 944= 964 e 16�} 3� 1 1 mE 9\4 - wee vW SECTION 16 - *E I I ANNEXATION ;PARCEL 35.29 I 1 SIM 9\4 - 4TH 9\4 SE 9i4 - MW 9\4 SEO4oON 93"894 98=52-5 PARCEL2 \ RALSTON CREEK SOUTH\ PROPERTY AOOUISMON RALSTON OREK®U4NPH011DE�4S� »b a #•tee AOOUffroom m teuae seex'sa4 ]IJITT.) E1341 -P) EASTEIROOK FLATS � ®® "e 1,1 POINT it OF BB vent mange mem Frome V TF nr1X P.LL k.MMW N ..—N- _.7 CHURCH OF CHROB4 — — — — -- �U WHITE € E W fxe rat a 113 $�s°z Z n zm O 3 Z m I�i () y O zCIE �� Prepared by: Ray Heitner, Associate Planner, 410 E. Washington 8t., Iowa City, IA 52240 (3191356-5 (ANN19-Ol/REZ19-09) RESOLUTION NO. 20-19 A resol tion to annex approximately 35.29 acres of land located n rth of American Legion Road and east o astbrook Street. Whereas, Summ�dge LLC and the Hieronymous Family P nership LLP are the owners and legal titleholders f approximately 35.29 acres located at astbrook Street and American Legion Road; and Whereas, the applican Allen Homes, Inc., with the 96nsent of the owners, has requested annexation of the approxima 35.29 -acre tract into the Coof Iowa City, Iowa; and Whereas, the aforementior d property is IocatRhin the Long -Range Planning Boundary of the City of Iowa City, and \ Whereas, control of the area p posed for Onexation is in the City's best interest because it will allow development in a manner c nsistent Vith the Comprehensive Plan; and Whereas, pursuant to Iowa Code 36 .5 and 368.7 (2019), notice of the application for annexation was sent to the Johnson Co Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning d Zoning, each affected public utility, Scott Township, the Metropolitan Planning Organizatio of hnson County, and the East Central Iowa Council of Governments; and Whereas, none of these entitie have object d to the proposed annexation; and Whereas, in accordance wi adopted City ann xation policy, the owners and developer have executed a pre -annexation a reement committing o the provision of affordable housing on a portion of the subject propert ; and Whereas, the Planning/and Zoning Commission has l�viewed the proposed rezoning and has recommended approval. Now, therefore, be it re4olved by the City Council of the City of�owa City, Iowa, that: 1. The following deAcribed land should be voluntarily annexed to`t<he City of Iowa City, Iowa: A PORTION OF HE NORTHWEST QUARTER OF SECTION N, TOWNSHIP 79 NORTH, RANGE 5 WE T, OF THE FIFTH PRINCIPAL MERIDIAN, JON SON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Comphencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 Weo, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the/South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to tht Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office; Thence NOO°33'49"E, along the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1 Resolution No Page 2 of on "Ra Creek South Property Acquisition", in accordance with the Plat thereof Re cord_ in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Th ince S89°26'59"E, along said South Line, 373.32 feet, to the Southeast Corner the of; Thence N01 °31'04"W, al ng the East Line of said Parcel 1, a distance of 756.10 fee Thence N20°10'51"E, alo said East Line, 209.78 feet; Thence N50°29'32"E, Ong said East Line, 690.1 feet, to the Northeast Corner thereof; Thence N89°45 5"E, 177.85 feet, to a oint on the West Line of Windsor West -Part Three, in accords ce with the Plat the eof Recorded in Plat Book 58, at Page 235 of the Records of the JohV8feet, ty Rec rder's Office; Thence S00050'20"E, along said West Line, and the of W' dsor West - Part One, in accordance with the Plat thereof Recorded i 50 t Page 266 of the Records of the Johnson County Recorder's Office,et, o the Southwest Corner of said Windsor West - Part One, and a Point oh ine of the Northwest Quarter of said Section 18; Thence N89°26'40"W, alonLine, 1169.60 feet, to the Point of Beginning. Said Annexation Parcel.29 Acres, and is subject to easements and restrictions of record. 2. The City Clerk is hereby authoriz and directed to certify and file all necessary documents for certifica on of the p ulation of the annexed territory to Johnson County and the/autho asurer, said po ulation being zero. 3. The Mayor is ed to executed he City Clerk to attest the attached Affordable Hounnexation Agrent.4. The City Clerkby authorized and rected to certify, file, and record all necessary docurequired by Iowa la under Section 368.7 and the attached agreement at Opense. Passed and approvVd this day of ATTEST: Approved City Attorney's ff I OEBCRIPTION-Mlfl AI PARCEL 1"4`1#� fda u w r_ \.'7 % I EMTION PARCEL nz" thaeya) RALSTOOK CREEK PAG�OL�d 1 I �� SOUTH PROPERTY � AOOMMT➢ON 519. I WI\4-N 1\4 NEI -MW* SECTION 1 9 SP am 16-� PAS° Canmw oa at lM Wean OuaBmC of Saa&n 18, Toonolp TB eMn 5,' NNa FIMP SBA 'dP lawRlon Vre a t4aMxMbn.JMrcmr 0 too 18, aloe W n, S ta tM d neo $edlan 18, tt t In o 901.91 fnL o Na C..r I Eafk Flex 011 Corgr of ok 58at h Mo PMI awad RecoNetl it PW Bnk 58 al Pegs tla Reotooa 0 0 tho, a tod, 0 A Joda , alo OMro: TMnte NC093Y9E. Blore U6 C of tare y , lEaM n add Flab add boo at, A f09.88 fea1.10 no, Ca thereof, and . xx Y POM an no tft of Pk o" Snob Mn SOM Gn d Peal 14 Rabtcn Creak SnuM Una per AaaW . Pe 9,oPorb ur v %et 1Mmt Recordetl N Plot Rn -318, of Pepa of tln F of . a� 4 la Cocoas ro IM Johnson Cooity Recaaefe OVke: TMnw SB9'2809`E, elorg Iso otnaa of I 1 N z OT on C -a Zi i0 o yo'zmyygy" BvuM LNre. 3T0S2 feet, ro the SoJthatat Cwrrer th m,, Therm N01'31'09W, do, 1. En. LNB d eek' Parml 1, a dlslenea dl )58,10 feat Thane WO'llf51'E, ebn8 Gala Eeal J., 208.]8 Rml; T,ona NSTMTE, Matt, total Eeal I . 890.91 teal. W Na WxlMeal Coma Head: TMnm IW*5WIL N MAS feet b e Pool on Mn Want j- N NbAeor Waal - Part Three, In iC nmNenw wan Me Piet erernf Remaaa In Pot Book 58, n Papa 285 of'M Recodo d IM Join.. Count, RearaeR Oeka TMne SO W2WE, slog Ma Woof toe, and tla Weal lJn d WMdao Won, -Pott On, In ndndena WM Me m � PW Mmfmf Rem -toPal Bnk W at Pape 28F d Bou Romldd of ft J.. County RecoNe a ORm, 1910]8 bet, b IM SwlMreel Cunf M wb WMea m West- Part Om , era n Pdnl an Vie SnuM Uo of IM Nm load Candor o'sad R Sedan 10: TM. N0WWOW, a Io, mb SIM Wa, 11 W.00(aat b an. Pa. d BepIn Jrg. Sold Mn.W Peael canWna BSM Aaes, and b .*d b p .Mo. reSbkUMe afoo d u 6�A��Tt9 PA,iCEL 9 PROPEF RALSTON CREEK SOUTH PROPERa••° n, ACUUMMON .�,�,.maaMraaaar e�a.rr..�am,K 1 6 �, —� EXATION ;PARCEL 35.29 An S�71 �9�91�4 —. . S § eMn PASTBROOS v --- _ FLATS ADDDMOM i A �aaea.a r; xx Y N P£ a� 4 N z OT on C -a Zi i0 o yo'zmyygy" PANT DP 1A ILA BEGINNING Yt4TWMipt i N S § y :EmiO=�R Dm Z A 'vNo $$ Z 0 3p�p'pD 19 xx Y N P£ a� 4 N z OT on C -a Zi i0 o yo'zmyygy" = 0 z • i N C -a-1 fn iC on m m A m � m _ _ W nE nr, xoarRaE CHUROP' OF CHRMT �KK>m a<naad.r�aeaA. F --1--- NMWWW „flw a R S � N to IT I m T ONE l� 7 7 1AC�R1 L�cTATL�� Affordable Housing Pre -Annexation Agreement Thisag ement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "Ci "), Summit Ridge, LLC and Hieronymus Family Partnership, LLP (hereinafter collectively referr to as "Owners"), and Allen Homes, Inc. (hereinafter" pplicant"). Whereas, on beha f the Owners, Allen Homes, Inc. filed an application fo voluntary annexation of some 35.29 acre legally described below, located east of Eastbr k Street and south of American Legion Roa • and Whereas, pursuant to R olution 18-211, the City of Iowa City he adopted an Annexation Policy that states: If the annexation is r residential development tha ill result in the creation of ten (10) or more new housing u its, the development will upport the City's goal of creating and maintaining the supply f affordable housing uch support shall be based on a goal of providing affordable uni equal to 10% o he total units in the annexed area with an assurance of long-term ordability, pr erably for a term of not less than 20 years. Income targets shall be co istent wit a City's existing program requirements. How the development provides such uppo 11 vary depending on the particular circumstances of the annexation, and may in lud , but is not limited to, transfer of lots/units to the City or an affordable housing provid fee -in -lieu paid to the City's affordable housing fund; and/or participation in a sta r federal housing program. In determining the most desirable option, preferen sha be weighted toward options that help achieve better socio-economic balance ong to a City neighborhoods and among schools in the Iowa City Community Schoo istrict. An agreement committing the Owner/Developer to the affordable housing ob'gation shall b required prior to annexation, and shall be further memorialized, if ne sary, in a coedit nal zoning agreement. Whereas, the Planning a Zoning Commission nsidered this application and recommended approval subject to com lance with the adopted nnexation Policy; and Whereas, it is in the p blic interest to execute this reement consistent with the adopted Comprehensive Pla Annexation Policy. Now, t/RRTION onsideration of the mutual promi s contained herein, the parties agree as follows 1. e, LLC and Hieronymus Family Part rship, LLP are the collective legal title property legally described as: OF THE NORTHWEST QUARTER OF ECTION 18, TOWNSHIP 79 GE 5 WEST, OF THE FIFTH PRINCIP L MERIDIAN, JOHNSON WA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Comer of Section 1 , Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, to a; Thence S89°26140"E, along the South Line of the Northwest Quarter of said Section 1, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in acc rdance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the ohnson County Recorder's Office; Thence N00'33'49"E, along the East Line of said East rook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a Point on the South One of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the Platthereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorders Office; Thence S89° 6'59"E, along said South Line, 373.32 feet, to the Southeast Corner ther of; Thence N01°3 '04"W, along the East Line of said Parcel 1, a distance of 756.1. feet; Thence N2001\incordance , along said East Line, 209.78 feet; Thence N50°29'32" ,along said East Line, 6feet, to the Northeast Corner thereof; Thence N89°45' E, 177.85 feet, to a Point West Line of Windsor West - Part Three, in accord ce with the Plat thereof RecorPlat Book 58, at Page 235 of the Records of the ohnson County Recorder's OfficeS00°50'20"E, along said West Line, and t est Line of Windsor West - Part Ocordance with the Plat thereof Record in Plat Book 50 at Page 266 of the Ro the Johnson County Recorder's , 1910.78 feet, to the Southwest Corneid 'ndsor West - Part One, and a P nt on the South Line of the Northwest Quartaid S tion 18; Thence N89°26'40' , along said South Line, 1169.60 feet, to the PBegin "ng. Said Annexation Par el contains 35.29 Acres, and is subject to easemand rest ions of record. 2. In the event that the abov described prop is annexed into the City of Iowa City, Owners agree that it shall execute, prio o issuance o a building permit, an affordable housing agreement committing to: L rent or sell 10% of the tal its constructed on the above described real estate to income -eligible families for eriod of 20 years from the date certificates of occupancy are issued for each such chaff able unit, to be administered in accordance with Iowa City Code of Ordinance 14-2G- , o a similar state or federal housing program; or ii. convey 10% of the tg,al unit to the City or an affordable housing provider for such affordable housing pu osas. or iii. the payment of alee-in-lieu ther f to the City's affordable housing fund, in an amount established by Re olution 18-213, proved on July 17, 2018, or, if said resolution has been rescinded at the time Owners a ly for a building permit, as otherwise established by Council res , ution. 3. This Agreement constitutes the entire agreeme between the parties with regard to annexation of the subject praperty and supersedes all prior off agreements, arrangements and contracts, whether oral or written, concerning the subject ma r hereof. Owner acknowledges and agrees that no represe "tations have been made that would 'mit the City Council's ability to exercise its powers deleg ad to it by Iowa Code Chapter 414. 4. This Agr ement shall be deemed to be a covenant nning with the land and with title to the land, and all remain in full force and effect as a cove nt with title to the land, unless or until released f record by the City of Iowa City. The parties fu her acknowledge that this agreement shall in a to the benefit of and bind all successors, repres ntatives, and assigns of the parties. this day of 2020. City of Iowa City ayor Attest: Kellie Fruehling, City Clerk Summit Ridge LLC Hieronymus Fa`rnlly Partnership LLP Approved by: y Attorney's Office City of Iov4 City Acknowledgement: State of Iowa ) ss: Johnson Coun ) This instrument was cknowledged before me on and Kai Fruehling as Mayor and ( Summit Ridge LLC State of County of This record was (type of authority, such State of This Allen Homes, Inc. M 20_ by respectively, of the City of Iowa City. 7Not Public in and for the State of Iowa tamp or Seal) My commission expires: ame( of individual(s) as_ or trus e) of Summit Ridge Family Partnership LLP O• • 4uoiic in ano for the state of lows or Seal) My co)pmission expires: was acknowledged before me on (Name(s) of individual(s) as iority, such as officer or trustee) of Hieronymus Notary Public in and for the State of Iowa Allen 1 - State State o County This re (type o Item Number: 13. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT January 21, 2020 Resolution establishing the design elements necessary to begin design and engineering documents for the Rochester Avenue Reconstruction Project. Prepared By: Jason Reichart, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Sidewalk Map Resolution Executive Summary: This agenda item approves certain design elements to be included in the Rochester Avenue Reconstruction Project. Specifically, City staff is asking for confirmation of design elements related to the location of sidewalks, bike lanes and turn lanes throughout the corridor. Considering the City's pedestrian accessibility and bicycle network improvement goals, identified in part within City's Complete Streets Policy and Bicycle Master Plan, City Staff is recommending the project include a two-lane roadway with sidewalk on both sides of the street, as well as dedicated bike lanes, on Rochester Avenue within the project area. The City also requested the project consultant, Snyder & Associates, Inc., study the need for a center turn lane throughout the corridor, similar to what exists today. Based on the results of the Consultant's traffic study, City staff would also recommend reconstructing Rochester Avenue as a two-lane section with turn lanes only in specific locations. Background /Analysis: The Rochester Avenue Reconstruction Project will include complete reconstruction of Rochester Avenue from First Avenue to the bridge over Ralston Creek. Additionally, the project will include improvements to the sidewalk, ADA curb ramps, utilities, signage, landscaping, and other associated work. Rochester Avenue serves as an important arterial within Iowa City, and the street pavement has reached the end of its useful life and requires frequent maintenance. The City issued a request for proposals for engineering services for the Rochester Avenue Reconstruction Project. Snyder & Associates, Inc. was selected based on their experience with projects of similar type and size. During the functional design phase, the Consultant utilized design resources, including the City's Complete Streets Policy and Bicycle Master Plan, to develop various design alternatives. These design alternatives have been presented to neighbors and local stakeholders at three (3) public meetings. The public meeting invitations focused on the following groups: • Residents immediately adjacent to properties that currently do not have sidewalk (meeting held Monday, November 25, 2019) • Residents immediately adjacent to Rochester Avenue within the project area (meeting held Tuesday, December 3, 2019) • Residents within the general area of the project (meeting held Thursday, January 16, 2020). While it is the City's policy to typically include sidewalk on both sides of an arterial street (including a wide sidewalk on one side), this section of Rochester Avenue has limited right-of-way and other constraints. Because of those factors, the design alternatives that were presented at the public meetings included standard sidewalk on both sides of the street. In general, there were minimal comments related to replacing sidewalk in areas where it currently exists. However, staff received a number of comments regarding sidewalk infill in areas that currently do not have sidewalk. The majority of attendees that live adjacent to these areas objected to the addition of infill sidewalk. Among the concerns raised were the loss of mature trees, additional maintenance, difficulty of accessing the sidewalk in back yards, and a perceived lack of need for sidewalk on both sides of Rochester. On -street bike lanes are called out in the City's Bicycle Master Plan for this section of Rochester Avenue, and were included in the design alternatives presented in the public meetings. Minimal comments were received regarding the addition of on -street bike lanes, although some discussion occurred related to the need for these facilities. As part of the preliminary design process, the Consultant was asked to evaluate the need for a center turn lane throughout the Rochester Avenue corridor, as it exists today. The results of that study show that Rochester Avenue would continue to operate efficiently as a two-lane section. They recommend to include turn lanes from Rita Lyn Court to First Avenue, but not include a center turn lane for the rest of the corridor. A few comments were received related to the center turn lane, mentioning maintaining the center turn lane to assist residents with entering/exiting driveways. City Staff has also consulted with the Iowa Department of Natural Resources (IDNR) District Forester to determine how the proposed design alternatives could potentially impact trees along the corridor. During the on-site evaluation in the proposed sidewalk infill areas, some concerns were raised about project construction adjacent to the trees. Any disturbance in these areas could have a negative impact on their long-term health, whether or not additional sidewalk infill is constructed. In addition, some larger trees were identified to be removed due to the potential for falling limbs and other risks. Project Timeline: 2019 — Survey and functional design 2020 — Preliminary design, final design, and property acquisitions 2021 — Construction Iji f_Ta:I Lvi l 4'LTI&" 1 Description Sidewalk Map Resolution o I I f eM1 iu `a _-e _ Rochester Ave Reconstruction IL y �'" Via.- + o m i _r. i _ - � x.'�c : � _ Q � ,� s , O ear � i ,.. • � �'� _. PEA - Project Limit West- �-._ • - _ _ 1 '� 'I V �. . o - Z-1 - 1 /j i .a 1 i9 1 R a ' 4 Q Inf _J �p Sidewalk �v. r y ; 1 7 i S: _ .a ......,..� { t 0 � , --dim o, ". o ' R qAf A, F - , STAFF PRESENTATION TO FOLLOW: 1 r I C04;qui h CITY OF lOVVA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 356-5000 (3I9) 356-5009 FAX www.icgov.org � r ' A®'�� CITY OF IOWA CITY UNESCO CITY OF LITERATURE Rochester Avenue Reconstruction Project Background • Serves as an important arterial street ➢ Approximately 7000 VPD • Pavement has reached the end of its useful life and requires frequent maintenance • Pavement management software recommends reconstruction ➢ City PCI = 24 (Poor) Project Description • Complete reconstruction from First Avenue to Ralston Creek (Montrose Ave) • Includes improvements to sidewalk, ADA curb ramps, utilities, signage, and street trees Project Goals Replace pavement and improve public utilities Improve pedestrian accessibility and safety ➢ Complete Streets Policy Incorporate new bicycle facilities ➢ Iowa City Bicycle Master Plan • Construct all design elements within the existing right of way City of Iowa City, Iowa Complete Streets Policy Therwen The City of Iowa Clty intends and experts to rex—long tend cmc owingss a imprcvea puai, health, retluceel fuel consumption, better emimnmental stewardship, and reducM demand for rotor% Mde iMrastmRure through the implementation of this Complete Stol s iq. Complete Streets also contribute to wallable neighborhoods, make tM community mranise to new busim hs and employment, create a sense of Community pride, and impure qualm,,u nfe. usem and anodes 116. dna wmiested awr:afore inmlons ma pubnc dgntsoc free, pr read to be coomidered `j`) iIowacry. stre ,network Iii CATW4> y Ilnrassible, �n. and Cilme, in oil in, ..an morns, persons with IOWA CITY BICYCLE MASTER PUN land utess. lnies In all planning design, eaativi des and pmduc s sphin limprovements, In :r,, and private developers m tothe Gry will perform mod: mW require clunges m my low ash me streets and I our changes at an gee ops. pudic slw[es, impro et waywnl mcorponte I facilities, and any Mon. and district Complete Streets Policy • The Vision ➢ Realize long-term cost savings in improved public health and reduced fuel consumption by contributing to walkable neighborhoods • Implementation ➢ The City will provide for the needs of all users and abilities in all planning, design, construction, reconstruction, and maintenance activities within the right of way • Exceptions ➢ Exceptions must be documented by the City Engineer with supporting data Complete Streets Policy • The Complete Streets Policy specifies "The design, operation, and maintenance of the City of Iowa City's street network will create a connected grid of streets accommodating a safe, easily accessible, convenient, comfortable, and visually appealing manner for all users of all ages and abilities, including motorists, pedestrians, bicyclists, transit riders, children, senior citizens, persons with disabilities, freight carriers, emergency responders, and adjacent land users." • Capital Improvement Projects will incorporate complete street facilities ➢ Includes sidewalk, ADA compliant curb ramps and bus stops, bike facilities, etc. • Success measured in miles of bike lanes, linear feet of pedestrian accommodations, and number of projects in which street trees were planted Public Outreach 0 Design Team developed a number of design alternatives based on the design goals ➢ Each alternative included sidewalk and bike lanes on both sides of the street and varying lane configurations Design alternatives were presented to neighbors and local stakeholders at three (3) public meetings Comments and concerns collected at these meetings mainly focused on bicycle facilities, the center turn lane, and sidewalk infill I � CITY OF IOWA CITY JANUARY 16TH 2021 ROCHESTER AVENUE RECONSTRUCTION PUBLIC INFORMATION MEETING Jason Havel, P.E. — City Engineer Jason Reichert, P.E. — City Project Manager Troy Culver, P.E. — S&A Project Manager Dex Suntken, P.E. — S&A Project Engineer SN VDER Design Elements —Bicycle Facilities • • The Bicycle Master Plan identifies on -street bike lanes as the recommended improvement Minimal negative comments were received regarding the addition of bicycle facilities Some discussion regarding the need for on -street bike facilities ➢ Residents asked about constructing a wide sidewalk instead ➢ Difficult due to limited right of way width FF Hill1 1Park \?3rkTnnl urch ZZ :i 1 `moi •, 1 1 118 rl 1 r a ' "1-------� I 1 jenpo ,, 1 1'W' ,,, 1 1 � Project Actions for Dedicated On -Street Facilities =y Bike Lanes with Road Diet m Bike Lanes with Lane Diet/Narrowing ® Bike Lanes with New ConstmebeNReconstrucGOn a Bike Lanes with New Striping and Markings Only m Buffered Bike Lanes with New Striping and Madtings Only m Buffered Bike Lanes with Road Diet Climbing LaneNphill Bike Lane with Lane Det/Nanowing Protected Bike Lane/Cycle Track with New m Construction Reconstruction mage from Design Elements —Center Turn Lane The Consultant completed a traffic study to evaluate the need for a center turn lane ➢ Results show that Rochester would continue to operate efficiently as a two-lane section Neighbors use the center turn lane to access driveways Some discussion about the potential increase in rear end collisions if center turn lane is removed Design Team compared Rochester to similar corridors in the area and doesn't anticipate a significant increase �SNYDER &ASSOCIATES ROCHESTER AVENUE TRAFFIC STUDY CITY OF IOWA CITY Iowa City, Iowa I January B, 2020 Prepared for: Cityoflowi City CIO E. W.Kinglon Shit Iowa City, Iowa 52200 Snyder & A—ia441nc. PT jM No. 119.0255.07 narebv caddy den damm.m w , Mer prawre] by ire x undx my dinn wrean.i aupemewn "hoot e1hNi oduNlh on PM WOMIEryhaxunder m. wmm�. sma miwa. o,, v ridAE nee henpglM4hwrb d,, t91 Design Elements — Sidewalk • The majority of neighbors immediately adjacent to infill areas objected to the addition of sidewalk for the following reasons ➢ Lack of need for additional sidewalk ➢ Difficulty accessing and maintaining the sidewalk ➢ Loss of mature trees Design Elements — Sidewalk Lack of Need for Additional Sidewalk • Neighbors commented on the need for traffic calming citing high speeds and unsafe pedestrian crossing conditions ➢ Neighbors proposed flashing beacons, improved pedestrian crossing, and additional crossings guards in lieu of the additional sidewalk ➢ These elements may help but are not consistent with Complete Streets • Rochester serves as a connection to downtown and University with Regina School and commercial area near First Avenue ➢ Project located less than 1 mile from downtown • 4 � N'°E r •�4 � mf{� 2 W rye''^L•r 16 '_ �. r a J � —4 G Design Elements — Sidewalk Difficulty accessing and maintaining the sidewalk • The Design team is considering an elevated sidewalk option to address access and maintenance concerns 6.0'Motch Q) x,st'ng .c :21--:i Sidewolk 4.0' Possible Retoining Woll RETAINING WALL OPTION 2 Elevated Sidewalk Example Images from Google Maps, First Ave Design Elements — Sidewalk Difficulty accessing and maintaining the sidewalk • Neighbors concerned about additional maintenance of a sidewalk in their backyards Similar areas include First Avenue, Sycamore Street, and other locations in the city Image from Google Maps, First Avenue Image from Google Maps, Sycamore Street Design Elements — Sidewalk Loss of Mature Trees • Neighbors concerned about excessive tree removal • City Staff has consulted with the Iowa DNR and City Forestry to identify and evaluate potential impacts to trees ➢ The City's Tree Inventory identified 35 trees in the right of way that would be potentially impacted by sidewalk infill o Comprising 13 different species, ranging in size from 3 inch to 30+ inch in diameter (inventory does not include age) Design Elements — Sidewalk Loss of Mature Trees • Of these 35 trees, 30 trees were determined to be voluntary, invasive, or have structural issues • 5 were identified as a unique species (European Larch) ➢ Range in size from 18 inches to 30 inches in diameter, and good to fair quality • Complete Streets Policy environmental exception? ➢ Forestry Staff recommends at least a 1 -to -1 replacement ratio with native species Image from Google Maps, European Larch Recommendation • City staff is recommending Council proceed with the following design elements ➢ Sidewalk on both sides on the street ➢ On -street bicycle facilities ➢ Three -lane section from First Avenue to Rita Lyn Court ➢ Two-lane section from Rita Lyn Court to Ralston Creek (Montrose Ave) E, Liry 669R.O.W. Bike Thr. Thr. Lane Lane Lane Bike TWTL Lane CL -I I I - —ti — Sidewalk — — Ng— — TYPICAL CROSS SECTION - ROCHESTER AVE 3- LANE 42' B -B WITH CONTINUOUS TWLTL PCC PAVEMENT WITH CURBS RITA LYN CT TO N 1ST AVE Possible =ei;l nc 6W10 F,'',,' Retaining Wall Buffer Buffer Bike Lane Lane Bake Lane ane Sidewalk Sitlewalk TYPICAL CROSS SECTION - ROCHESTER AVE 2- LANE 36'B-8 PCC PAVEMENT WITH CURBS MONTROSE AVE TO RITA LYN CT Cross section from First Ave to Rita Lyn Ct Cross section from Rita Lyn Ct to Ralston Creek (Montrose Ave) Questions? STAFF PRESENTATION CONCLUDED � r rrM as � h CITY OF IOWA CITY 410 East Washington Strect Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov. o rg PRESENTATION TO FOLLOW: By: Affected Neighbors Item -13 � r rrM as � �� CITY OF IOWA CITY 410 East Washington Strect Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov. o rg Rochester Avenue Reconstruction Project Comments from Affected Neighbors January 21, 2020 Introduction "1 yY •'�.._ may.. __�t'.` F,. t_� 'i.;. q}I I� �'. F,. terA c Ro¢hester Ave � � Rochester Avt TT Ro¢hester�Ave •. --._ 6 •-- `a ` " •' :K, y., f/i Rochester Ave - LON a _:.. f � Roche 3 •; „u ': l sterq=ye _ so 'Rochester CtRuehester GY, *Rochester Cb•.-.,/ ' -Rochester Cg Rc, te'i.r.' Reuter Lti PocochesteiG[ v � n� a � hNv � ;�+t�� ,yr >� j1 !a4�gn�r a�t zt� ��$ ,Q�a �� . ^•' �`��"4'"" F�� i .,"" ' h¢�' ',^;��,,'_�� Pa qj �'�i ��.y`e-�'EL � � ca .•.'ij 9tM�3.cr �1'yr ,.sus¢ '�tq t,r ��t4 aI u '� Y j' yl ' ( Yr'a i• 6�� \ �'f�'u.Y _ "�$ 3Z ;`6�r q� t iFy 1Fi"✓'. .. X !fir!" r c sG�Zvr� : n4 t f pp y1 I �W, 4 t ✓A« :_`! Dubuque Street Retaining Wall North of Brown St re et 1st Avenue Railroad Underpass ,I ��r _-�—r- 137 y_ 71 F Ire M'�r � v a s dA $ I Safety Lots of People Cross Rochester Every Day To and From Bus Stops Many Students Cross Rochester Every Day to Get to School Many Dog -Walkers Cross Rochester Every Day to Get to Hickory Hill Park y.."YY.rYy Solar -Powered Speed Monitor 7th Ave South of Glendale SPEED LIMIT 25 y.."YY.rYy Solar -Powered Speed Monitor 7th Ave South of Glendale Solar -Powered Motion -Detector Flashing Lights on Pentacrest Pedestrian - Activated Crossing Flasher —Park Rd at Ferson Ave Sidewalk Maintenance in Summer and Winter Distances in Yards from Rochester Court Properties to Proposed Rochester Sidewalk Address Yards Via Rochester Ct/Rochester • 1703 40.0 • 1718 89.7 • 1804 133.7 • 1808 189.0 • 1810 240.0 • 1812 284.7 • 1816 331.3 Address Yards Via Ash wood/Rochester • 1918 73.3 • 1912 126.7 • 1906 176.3 • 1900 227.0 • 1820 281.7 Rochester Lawn Work O O v Rochester Ave Rochester Ave El Rochester Ave V1 o D P N O 0 d p Rochester Ct Rochester Ct Rochester Cl Rochester Ct • 281 yards from our front yard to our back yard on Rochester Rochester Snow Remova Rochester Ave :o v /?ochesterCt Rochester Ave Rochester Ct J Rocheste; Ave S 0 0 2 Rochester Ct Rochester Ct • Because of the steep bank, no direct access to any portion of the sidewalk from our backyards • The only access points are from the corner of Rochester Ct/Rochester or the corner of Ashwood/Rochester Backyard Privacy and Loss of Trees . w bway 1jr te? y f, rip 4-]r Rol 11 M, 1930s Aerial View of Tamarack Larches 1� 'Ip� -14F e 1 III 1 I - J R I; J Y w' r Y ori qr �,i/�C•r • ' �w 10 t r• .,R�a Y•1 10M: •,� 4 y i q ,��IBM� i"Ar` c�y M krMyy-.ii v i�,' .r ti�- ki- IL Hkk Imagery Y. Y e Y4, c ,rte r' S ty Vis,+' y �`•' F '?.'� icy �"-b _ �, \a,ja✓ ;h'L$�j 40 \ �� /�'�a� �_ll i lQQ 4 iV��rrrIIIITP��/+ � �� r'�' � �• �i� v �� + � �� J M`1Y M F - r r �s 5 •" y � y �. y r L' .' T4 Ow ti - ` •: v ` "Y� Hkk Imager' � J do I 10 X Yr 6 Fs - I� V, t Hide imagery 0 1 - I rl• Hide Imagery A e 1010 •.Ti .',Y .,�{�`$� './ 1 - + 1or. ,�:�'�" VV dir IX A l�ell�.ia 5� '��+ �.• . 1 4 ` { ) Me Imepery .". le r s y � r +� � y'ci ,', yy��4.3 ~i�. 'ri+�it i. � -� �q �" f I -• • - ♦r 4 - - HkM imagery v VFR` r' '� r�'i�d• - r ice- �I/ y �- � ��om_ y� Z,f 1 3p �r :T 4fiy t eV Tar POW - .? - -+.,` � - �<• _ '.e;'� y� "44 S'F Concluding Summary Scales of Justice Y e Y4, c ,rte r' S ty Vis,+' y �`•' F '?.'� icy �"-b _ �, \a,ja✓ ;h'L$�j 40 \ �� /�'�a� �_ll i lQQ 4 iV��rrrIIIITP��/+ � �� r'�' � �• �i� v �� + � �� J M`1Y M F - r r �s 5 •" y � y �. PRESENTATION CONCLUDED ar % 04 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-[826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org J Kellie Fruehling From: Penny and Ted Smith <tfsmith18@q.com> Sent: Sunday, January 19, 2020 7:51 PM To: council Late Handouts Distributed Subject: Rochester Avenue Reconstruction Project (Date) To the Council: We attended the Rochester Avenue Reconstruction Project informational meeting on January 16. After the presentation, we asked the presenter why it was necessary to include sidewalks on the south side of Rochester Avenue between 7th Avenue and Ashwood. He explained that the designs needed to comply with city policy, which requires sidewalks on both sides of arterial streets. Along this section of the road, putting in sidewalks would require that retaining walls be installed. If the sidewalks are at street level, the retaining walls would make it very difficult for the homeowners to maintain the grass in the parkway in the summer and to keep the sidewalks clear of snow and ice in the winter. Adding stairways to accommodate the homeowners would increase the cost. If the sidewalks are at the top of the retaining walls, connecting the sidewalks to the streets would be awkward, at best, at the intersections of 7th Avenue and Rochester Court with Rochester Avenue. In either case, having retaining walls would make the addition of sidewalks expensive. We see no reason to have sidewalks along the south side of this section of the road. To require them just to conform with the other arterial streets in Iowa City is not a good use of taxpayer dollars. We ask that the City Council make an exception to city policy and not require sidewalks along the south side of Rochester Avenue between 7th Avenue and Ashwood. The Council has made exceptions to other city policies. We think an exception is warranted in this case. Thank you. Penny and Ted Smith 1817 Rochester Court Iowa City, IA 52245 tfsmith18(cD-g.com Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 Resolution No. Resolutio establishing the design elements necessary to gin design and engine ing documents for the Rochester Avenue construction Project Whereas, the City ofIowa ity desires to construct the Rochester Av ue Reconstruction Project ("Project") to provide a reliab multimodal transportation cor7emen'ts Whereas, City Council is being ked to establish the design to be included in the Project; and Whereas, City staff recommends the roject includXan ne roadway with sidewalk on both sides, bike lanes on both sides throug out the comin additional center turn lane from Rita Lyn Court to First Avenue; and Whereas, the Council has considered the Whereas, funds for this project are Ralston Creek account # S3950. needs of the community; and in the Rochester Ave Reconstruct — First Ave to Now, therefore, be it resolv/ity Counci f the City of Iowa City, Iowa that: 1. For purposes of theAvenue Reco struction Project, it is in the best interests of the City of Iowa Citidents to estab' h the following design elements: A two- lane roadway with both sides, bike nes throughout the corridor on both sides and an additional cne from Rita Lyn ourt to First Avenue Passed and approved day of Mayor Attorney's It was rAoved by and seconded by adopt d, and upon roll call there were: Ayes: Nays: Absent: 2020. Bergus Mims Salih Taylor Teague Thomas Weiner /- /( ? U? U the Resolution be Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 Resolution No2o-20 Resolution establishing the design elements necessary to begin design and engineering documents for the Rochester Avenue Reconstruction Project Whereas, the City of Iowa City desires to construct the Rochester Avenue Reconstruction Project ("Project") to provide a reliable multimodal transportation corridor; and Whereas, City Council is being asked to establish the design elements to be included in the Project; and Whereas, City staff recommends the Project include a two-lane roadway with sidewalk on both sides, bike lanes o(with the exception of between 7th Ave. and Ashwood on the south side),n both sides throughout the corridor and an additional center turn lane from Rita Lyn Court to First Avenue;and Whereas, the Council has considered the input and needs of the community and determines that it is the public interest to eliminate the sidewalk on the south side between 71h Ave. and Ashwood; and Whereas, funds for this project are available in the Rochester Ave Reconstruct - First Ave to Ralston Creek account # S3950. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: For purposes of the Rochester Avenue Reconstruction Project, it is in the best interests of the City of Iowa City and its residents to establish the following design elements: A two- lane roadway with sidewalk on both sides (with the exception of between 7th Ave. and Ashwood on the south side), bike lanes throughout the corridor on both sides and an additional center tum lane from Rita Lyn Court to First Avenue Passed and approved this 21st day of January 2020. 1_� M ezzrn� City Attorney's Office It was moved by Mims and seconded by Thomas adopted, and upon roll call there were: Ayes: Nays: Absent: X Bergus the Resolution be l�3 Resolution No. 20-20 Page 2 x Mims x Salih x Taylor X Teague x Thomas x Weiner