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Home My WebLink About2006-08-01 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06- 24"1 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF lOW A CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Iowa City Fall Fun Festival - 2140 Rochester Avenue Fieldhouse - III E. College Street Passed and approved this 1st day of c2J ,20 06 )~ - MAYOR Approved by ATTEST: ~A~J K ~AA) ~~ \, ~-Ol,.. CIT LERK City Attorney's Office It was moved by r:h~1T'pi on and seconded by Resolution be adopted, and upon roll call there were: R:::.i 1 P..y the AYES: ~ ~ x ~ ~ ~ X NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn ca Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-244 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: IC Uglys - 210 N. Linn Street Passed and approved this 1st day of Zt. ,2006 C C -J ,~Q~^,- MAYOR ATTEST:~~'7f. ~~ CI CLERK Approved by ~~ \'5"'-O~ City Attorney's Office It was moved by Chamoion and seconded by Resolution be adopted, and upon roll call there were: Bailey AYES: ----..lL ---.X....- X ----..lL ----..lL X X NAYS: ABSENT: _ Bailey ~ Champion Correia Elliott O'Donnell Vanderhoef Wilburn c::;: the I][ Prepared by: Dave Panos, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 06-245 RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE LOWER WEST BRANCH ROAD-SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING. WHEREAS, under the provisions of Sections 6B.2A and 6B.2B of the Iowa Code, a governmental body which proposes to acquire property under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all property owners whose properties may be acquired in whole or in part for the project; and WHEREAS, the City Council of the City of Iowa City intends to commence a project to construct the Lower West Branch Road - Scott Boulevard to Taft Avenue Improvements Project, which includes reconstruction of Lower West Branch Road from Scott Boulevard to Taft Avenue, and a portion of Hummingbird Lane, which project is to be known as the Lower West Branch Road - Scott Boulevard to Taft Avenue Improvements Project; and WHEREAS, before the City of Iowa City can proceed with said project, the City Council must: a. Hold a public hearing, providing the opportunity for public input on the question of proceeding with the public improvement and on the acquisition or condemnation of property interests for the project; and b. Adopt a resolution declaring its intent to proceed with said project and authorizing the acquisition of property interests required for the project by negotiation or condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Documentation showing the proposed location of the Lower West Branch Road - Scott Boulevard to Taft Avenue Improvements Project shall be placed on file in the office of the City Clerk and made available for public viewing. 2. A public hearing on the City's intent to proceed with the Lower West Branch Road- Scott Boulevard to Taft Avenue Improvements Project and to acquire property rights therefore is to be held on the 5th day of September, 2006, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 3. The Department of Public Works and City Clerk are hereby authorized and directed to cause notice of the City's intent to proceed with said project and authorize the acquisition of property for said project to be mailed and published as required by law with said Notice of Intent to be in substantially the attached form; said publication to be published 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. Resolution No. 0/;-74" Page 2 Passed and approved this 1st day of August , 20~. ~U'~ MAYOR ATTEST: ~ R. Ra.vJ CIT LERK ApRroved by ~ !AY~G City Attorney's Office It was moved by Champion and seconded by adopted, and upon roll call there were: Bailev the Resolution be AYES: NAYS: ABSENT: x x x x y x X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng/resllower west branch reI.doc 2/00 NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR LOWER WEST BRANCH ROAD- SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT To: Iowa City Sterling House LLC Bickford Cottage 3500 Lower West Branch Road Iowa City, IA 52240 Frank A. & Monica M. Mitros 290 Hummingbird Lane Iowa City, IA 52240 Three Bulls LLC SWen Larson 2621 Catskills Court Iowa City IA 52245 Douglas J. Schnoebelen 2600 E. Court Sl. Iowa City, IA 52245 Theodore H. Pacha PO Box 1405 Iowa City, IA 52244 Paul W. & Loretta R. Peterson 4641 Lower West Branch Rd. Iowa City, IA 52240 Charles O. Rogers 4694 Lower West Branch Road Iowa City, IA 52240 Kenneth D. Kabela Tr. c/o Charles W. Lindemann 4306 Dane Road Iowa City, IA 52240 Henrietta Miller 3375 Hanover Court Iowa City, IA Michael D. & Julie A. Homewood 4659 Lower West Branch Road Iowa City, IA 52240 Sl. Mark's United Methodist 2675 E. Washington Street Iowa City, IA 52240 Carolyn A. Barr 4667 Lower West Branch Road Iowa City, IA 52240 Louis A. Frank PO. Box 981 Iowa City, IA 52244 Kathleen A. Stecher 4735 Lower West Branch Road SE Iowa City, IA 52240 Arlington Development Inc. John Moreland 1486 S. First Avenue, Unit A Iowa City, IA 52240 Dwight Hunter 13731 Hickman Road #1141 Urbandale, IA 50323 Smith C. Manion 210 Red Hill Lane . Iowa City, IA 52245 Plum Grove Acres PO Box 2208 Iowa City, IA 52244 Jerry F. Lindemann c/o Kathleen A. Stecher 304 Summit Street NE Solon, IA 52333 Robert A. Stoddard 167 Hummingbird Lane Iowa City, IA 52245 Peter S. & Eileen Fisher 164 Hummingbird Lane Iowa City, IA 52240 2 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties maybe affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for the Lower West Branch Road - Scott Boulevard to Taft Avenue Improvements Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves reconstruction of Lower West Branch Road from Scott Boulevard to Taft Avenue and a portion of Hummingbird Lane. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached a point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site-specific design for the public improvement, to make the final section of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessa~, property or an interest in property for the project. The public hearing will be held on the 5' day of September, 2006, in the City Council Chambers (Harvat Hall), City Hall, 310 E. Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final section of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City 3 Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above-described project following the public hearing. When a appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the Lower West Branch Road - Scott Boulevard to Taft Avenue Improvements Project, please contact the following person: Dave A. Panos, Civil Engineer City of Iowa City 410 E. Washington St. Iowa City, IA 52240 (319) 356-5145 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa, has not yet determined to undertake the above- described projector to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS Just as the law grants certain entities the right to acquire property, you as the owner of property have certain rights. You have the right to: a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code ~~ 6B.45, 6B54) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. (Iowa Code ~6B.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code ~6B.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code ~6B.3(1)) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code ~~6B.4, 6B.7, and 6B.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code ~6B.4A) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code ~~6B.25 and 6B.54(11)) 4 i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Codegg6B.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (2) if the award on appeal in court is more than the compensation commissioner's award (Iowa Code g6B.33) k. At least 90 da5'S written notice to vacate property. (Iowa Code g6B.54(4)) I. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code 3316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attomey of your choice. !rl'?A~~ *I. +!avJ Mar~K~r~ City Clerk Pwengllower westbranch rd/notice.doc -#:3 d (~) ,.anlz4 CONSTRUCTION CO. 1119 Shirken Drive Iowa City, Iowa 338-7923 From the desk of: Bill Frantz .....; .......... IIII '- Date _ 9-1-06 To Daua Ronrhrny Please consider t.his rlS offi~inl nntirp +-:11;:1+' F'rr:lnt'7 rnnc:;:.rrll~tinn Co. is withdrawinq the second proposal to demolish the existina residence at 426 Bayard and chanae the footorint. We will honor our oriqinal proposal approved by the council. Sinrprplv. C ' t ",-!n",-v' II \-Jll\" :i\U :~; \1 i ~ \ V lit ]1:' 'II') 6 G : I Hd I - 3ii'J SBOZ CEll\:.:! [~ Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 [;[ RESOLUTION NO. RESOLUTION SETTING PUBLIC HEARING FOR AUGUST 22, 2006, TO CONSIDER A SECOND AMENDMENT TO THE CONTRACT FOR THE SALE OF 426 BAYARD STREET TO FRANTZ CONSTRUCTION COMPANY INC. WHEREAS, the City previously approved of a contract for the sale of 426 Bayard Street, which contract provides for rehabilitation of the currently existing house and detached garage located on the property; and WHEREAS, The contract purchaser now wishes to amend the contract to allow for demolition of the currently existing house and detached garage, to be replaced with a house containing the same footprint and a similar detached garage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to consider a second amendment to the contract for the sale of 427 Bayard Street to Frantz Construction Company. 2. Public hearing on said proposal should be and is hereby set for August 22, 2006, at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is canceled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this day of ,20 . MAYOR ATTEST: CITY CLERK A~bY yfl ~ Ci y tto~Offi~1. / '7 C"(., (C/ k- (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council ofIowa City, Iowa. Date of Meeting: August 1 , 2006. Time of Meeting: 7: 00 o'clock L.M. Place of Meeting: Emma J. Harvat Hall, City Hall, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time 'and place above set out. The tentative agenda for said meeting is as follows: Not to Exceed $3,400,000 General Obligation Refunding Capital Loan Notes, Series 2006C. · Resolution fixing date for a meeting on the proposition to authorize a Loan Agreement and the issuance of Notes to evidence the obligations of the City thereunder. Not to Exceed $10,000,000 Sewer Revenue Refunding Bonds, Subordinate Series 2006. . Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional 1 t. page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. IIp ;//. ~ City erk, Iowa City, Iowa t;;srE-D 7- .J.7- 01:> ~:D S 0"",- Sf: --i=<... rn Dv-e.cL- IS -:;l. -o~ 0( Co<- KT August 1 ,2006 The City Council ofIowa City, Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock L.M., on the above date. There were present Mayor Wilburn , in the chair, and the following named Council Members: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef Absent: None ******* -1- --'.- c;: Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,400,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Bailev seconded the motion to adopt. The roll was called and the vote was, AYES: O'Donnell. Vanderhoef. Wilburn. Bailey. Champion, Correia. Elliott NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Res 1106-246 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,400,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City ofIowa City, Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Refunding Capital Loan Notes, Series 2006C, to the amount of not to exceed $3,400,000, as authorized by Sections 384.24, 384.24A and 384.25, Code ofIowa, as amended, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and WHEREAS, before a Loan Agreement may be authorized and General Obligation Refunding Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code ofIowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan Agreement and Notes -2- and to receive oral and/or written objections from any resident or property owner of the City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7 :00 o'clock~.M., on the. 22nd day of August 2006, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $3,400,000 General Obligation Refunding Capital Loan Notes, Series 2006C, to evidence the obligations of the City thereunder for an essential corporate purpose ofthe City, the proceeds of which will be used to pay costs ofthe refunding of outstanding general obligation indebtedness of the City. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan Agreement and the issuance of General Obligation Refunding Capital Loan Notes, Series 2006C, evidencing the City's obligations to a principal amount of not to exceed $3,400,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said Notes. Section 4. The notice of the proposed action shall be in substantially the following form: -3- and to receive oral and/or written objections from any resident or property owner of the City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: / Section 1. That this Council meet' the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock~.M., on he 1st day of Au ust / 2006, for the purpose of taking action on he matter of the authorizatio f a Loan Agreement and the issuance of not to exc ed $3,400,000 General Ob' ation Refunding Capital Loan Notes, Series 2006C, to evi nce the obligations oft City thereunder for an essential corporate purpose of the City, he proceeds ofwhic ill be used to pay costs ofthe refunding of outstanding general obi gation indebtedne of the City. Section 2. The Clerk is authorized a d directed to roceed on behalf of the City with the negotiation of terms of a Loan Agre ment an e issuance of General Obligation Refunding Capital Loan Notes, S ries 20 6C, evidencing the City's obligations to a principal amount of not to ex eed 3,400,000, to select a date for the final approval thereof, to cause to be prepared such n tice and sale information as may appear appropriate, to publish and distribute the sam on behalf ofthe City and this Council and otherwise to take all action necessary to pe i the completion of a loan on a basis favorable to the City and acceptable to th Co cil. Section 3. That the Clerk is ~feby dire ted to cause at least one publication to be made ofa notice of said meeting, i/a legal ne spaper, printed wholly in the English language, published at least oncr.weekly, and h ving general circulation in said City, said publication to be not less than/our clear days n r more than twenty days before the date of said public meeting on th9'lssuance of said N tes. I , Section 4. The n~ice of the proposed ac 'on shall be in substantially the following form: / ! , , / , , ,/ , , , , ;' , i I L -3- Publish 8/7 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,400,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C (FOR AN ESSENTIAL CORPORATE PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City ofIowa City, Iowa, will hold a public hearing on the 22nd day of August, 2006, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $3,400,000 General Obligation Refunding Capital Loan Notes, Series 2006C, for an essential corporate purpose of the City, in order to pay costs of the refunding of outstanding general obligation indebtedness of the City. Principal and interest on the proposed Loan Agreement will be payable from the Debt Service Fund. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the City thereunder or will abandon the proposal. This Notice is given by order of the Council ofIowa City, Iowa, as provided by Sections 384.24, 384.24A and 384.25 of the City Code ofIowa, as amended. Dated this 7th day of August, 2006. Marian K. Karr City Clerk ofIowa City, Iowa (End of Notice) PASSED AND APPROVED this 1st day of August ,2006. (Z~ LJ~ Mayor ATTEST: ~~~. ~~ City Clerk -5- n~~(~)- Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $10,000,000 SEWER REVENUE REFUNDING BONDS, SUBORDINATE SERIES 2006, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Bailey seconded the motion to adopt. The roll was called and the vote was, AYES: O'Donnell, Vanderhoef. Wilburn, Bailev, Champion, Correia, Elliott NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Res 1106-247 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $10,000,000 SEWER REVENUE REFUNDING BONDS, SUBORDINATE SERIES 2006, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Sewer Revenue Refunding Bonds, Subordinate Series 2006, to the amount of not to exceed $10,000,000, as authorized by Section 384.83, of the City Code ofIowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Emma J. Harvat Hall, City Hall at Iowa City, Iowa, at 7: 00 o'clock ~.M., on the 22nd day of August -6- I];: Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $10,000,000 SEWER REVENUE REFUNDING BONDS, SUBORDINATE SERIES 2006, OF IOWA CITY, IOWA, AND PROVIDING FO~ PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Bailey seconded the motion to adopt. The roll was called and t e vote was, Vanderhoef Wilburn Baile '\ ChAmpion, Correia, Elliott NAYS: None Whereupon, the Mayor declared the resolution duly adopted as fol Res \1106-247 RESOLUTION FIXING. ATE FOR A MEETING 0 PROPOSITION OF THE I SUANCE OF NOT TO CEED $10,000,000 SEWER RE E REFUNDING B NDS, SUBORDINATE SERIES 20 6, OF IOWA cn: , IOWA, AND PROVIDING FOR PUB ICATION 0 OTICE THEREOF WHEREAS, the City ofIowa City, Iowa, 's' need of funds to carry out the purpose hereinafter described; and, it is deemed cessary and advisable that said City should issue Sewer Revenue Refunding Bond Su ordinate Series 2006, to the amount of not to exceed $10,000,000, as authorized bX ectio 384.83, ofthe City Code ofIowa, for the purpose of providing funds to pay co thereof; d WHEREAS, before said bonslS may be issued, i is necessary to comply with the provisions of said Code, and to pylJ'lish a notice of the p oposal to issue such bonds and of the time and place of the meeting at which it is proposed 0 take action for the issuance of the bonds and to receive ora)Alld/or written objections fro any resident or property owner of said City to suclVhction; / NOW, THE~RE, BE IT RESOLVED BY THE C TY COUNCIL OF THE CITY OF IOWA.eJ.TY, IOWA: / Secti6n 1. That this governing body meet in the Emma J. arvat Hall, City Hall at Iowa CitY. Iowa, at 7 : 00 o'clock ~.M., on the 1st day of Aug st , -6- 2006, for the purpose of taking action on the matter of the issuance of not to exceed $10,000,000 Sewer Revenue Refunding Bonds, Subordinate Series 2006, of said City, the proceeds of which bonds will be used to provide funds to pay costs ofthe refunding ofa portion of the outstanding sewer revenue obligations of the City. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice ofthe proposed action to issue said bonds shall be in substantially the following form: -7- Publish 8/7 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $10,000,000 SEWER REVENUE REFUNDING BONDS, SUBORDINATE SERIES 2006, OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City ofIowa City, Iowa, will hold a public hearing on the 22nd day of August, 2006, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of not to exceed $10,000,000 Sewer Revenue Refunding Bonds, Subordinate Series 2006, of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sanitary Sewer Utility. Said bonds are proposed to be issued for the purpose of paying costs of the refunding of a portion of the outstanding sewer revenue obligations of the City. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code ofIowa. Dated this 7th day of August, 2006. Marian K. Karr City Clerk ofIowa City, Iowa (End of Notice) PASSED AND APPROVED this 1st day of August ,2006. ~~^ L ~ Mayor ATTEST: /l1~ -K. -k'~ City Clerk -9- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) ) SS ) COUNTY OF JOHNSON I, the undersigned City Clerk ofIowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 1st day of AUl>.ust ,2006. rn~-H.J k. ~A) City derk, Iowa City, Iowa SEAL MMCGlNLE\501158.1\WPI0714.054 -10- [;![J Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 ~. Washington St.. Iowa City, IA 52240 (~19) ~56-50~0 RESOLUTION NO. 06-248 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT A WITHIN HICKORY HEIGHT~ SUBDIVISION, IOWA CITY, IOWA, AS PUBLIC OPEN SPACE WHEREAS, in connection with the final plat of the Hickory Heights Subdivision, it was agreed that the developer would dedicate a parcel consisting of .67 acre (29,382 square feet) lying within said subdivision and designated as Outlot A on the final plat, to the City to be used "as open space parkland and as trail access to Hickory Hill Park"; and WHEREAS, it was agreed that said outlot would be conveyed to the City by warranty deed after certificates of occupancy for Lots 11 and 12 in the subdivision have been issued by the City; and WHEREAS, occupancy for Lots 11 and 12 in the subdivision have been issued by the City, and the owner of the property, Hickory Heights, L.L.C., is now offering to dedicate said parcel to the City by warranty deed; and WHEREAS, City Code provides that the City formally accept the dedication of land for open space by resolution; and WHEREAS, the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above-referenced parcel of property for open space parkland and as trail access to Hickory Hill Park, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication. Passed and approved this 1st day of 4Jt ,20 06 . C_- )~=- MAYOR ATTEST: )J~ k. ~ CITYERK -,! Z-(p Ir!fo Resolution No. Page 7 06-248 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x x x X X X NAYS: ABSENT: Bailey the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn .r:J Prepared by: Liz Osborne, CD Division, 410 E. Washington St, Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-249 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1819 H STREET, IOWA CITY, IOWA. WHEREAS, on September 27, 2004, the owner executed a Mortgage with the City of Iowa City; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1819 H Street, Iowa City, Iowa from a Mortgage, recorded December 14, 2004, Book 3825, Page 219 through Page 223, of the Johnson County Recorder's Office. Passed and approved this 1st day of Anvnst ,20...!l.6..-. ~~ MAYOR ATTEST: I~ ;--.-J k. ~AA) CITY RK Approved by ~~~ -1-$1-0(, City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Bailey the AYES: NAYS: ABSENT: x x X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilbum Prepared by and retum: Liz Osbome, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5245 Legal Description of Property: see below Mortgagor(s): Mary E. Bruce Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1819 H Street, Iowa City, Iowa, and legally described as follows: West Y, Lot 2 Block 44 EIC, Iowa City, Johnson County, Iowa according to the recorded plat thereof from an obligation of the owner, Mary E. Bruce, to the City of Iowa City represented by a Mortgage, recorded December 14, 2004, Book 3825, Page 219 through Page 223, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior rec~cument. l4\J1-l--J, ~~ MAYOR ATTEST: ~C~;K0 K. -I(~ Approved by ~~ 1--';1{-~(, City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this z..,...et- day of ~+ ,A.D. 20a(.o. ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilbum and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively I of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of th corporation by authority of its City Council, as contained in Resolution No~, adopted by the City Council on the , Sf- day 20 0(., and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instru nt to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,,>'IA, KELLlE K. TUTTLE ~~\ Commission ~u.mber 2?1819 . . My Co mls .on Expires "'''';5]1 0 ~ cI"-L f( --r;::--ffl ~ Notary Public in and for Johnson County, Iowa L:[J Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, SEWER, TILE LINE, WATER MAIN, CERTAIN SIDEWALK, AND PAVING IMPROVEMENTS FOR GENERAL QUARTERS, AND DECLARING IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. STORM PUBLIC PUBLIC WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for General Quarters, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. Certain sidewalk and paving improvements Jor General Quarters, as constructed by River Valley Concrete of Blue Grass, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK A~ by A. ~~ 7~q; City Attorney's Ice It was moved by and upon roll call there were: and seconded by the Resolution be adopted, AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwenglreslaccepl gen quarters.doc .-:: I ~ 1 :t~I~~'t ",,--.;.~..=.,- .....aa CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-] 826 (319) 356-5000 (319) 356-5007 FAX w\\'w.icgov.org ENGINEER'S REPORT July 24, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: General Quarters Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, certain sidewalk, and paving improvements for General Quarters has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa, and for the sidewalk and paving improvements constructed by River Valley Concrete of Blue Grass, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, ~J!: I:--L-- Ronald R. Knoche, P.E. City Engineer pwengfengrpl-generalquarlers.doc [:rJ Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, [A 52244, 3[9.339.6100 RESOLUTION NO. Ofi-? 'i0 RESOLUTION ACCEPTING PAYMENT OF $300.00 CNIL PENALTY AND WANER OF RIGHT TO HEARING FROM HY - VEE NO.2 WHEREAS, on May 25,2006, an employee of Hy-Vee No.2 violated Iowa Code S 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, Hy-Vee No.2 was operating under a retail cigarette permit issued by Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code S 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of$300.00 as a result of its employee violating Iowa Code S 453A.2(1), after a hearing and proper notice; and WHEREAS, on July 21, 2006, Hy- V ee No.2 waived its right to the hearing required by Iowa Code S 453A.22(2) and accepted responsibility for its employee's violation ofIowa Code S 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City ofIowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf ofHy- Vee No.2. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: August 1, 20C6 ~u~ Mayor, City of Iowa City ATTEST: ~~-~~. ~ City erk, City ofIowa City Resolution No. Page ? 06-2<;0 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: J{ x x x x x x NAYS: Bailey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn I 08;~~6 I Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (SUB06~11) RESOLUTION NO. 06-251 RESOLUTION APPROVING THE FINAL PLAT OF HOLLYWOOD MANOR, PART NINE, IOWA CITY, IOWA. WHEREAS, the owner, ST Enterprises, L.C., filed with the City Clerk of Iowa City, Iowa, the final plat of Hollywood Manor, Part 9, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: AUDITOR'S PARCEL "A", JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 34, AT PAGE 243, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 4.84 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision conform to all of the requirements of the Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWACITY, IOWA THAT: 1. The final plat of Hollywood Manor, Part 9, Iowa City, Iowa located on the above-described real estate is hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law, and specifically sets aside portions of land, namely streets, as not being open for public access at the time of recording of the plat for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 1 st day of Z ,20~. ( l ) ^-yQt-v-> MAYOR No. 06-251 Page 2 ATTEST: /J~~ 1(. ~.u/ CITY LERK Approved by Ci~~-~ 7/:z..s7t9(p It was moved by Vanderhoef and seconded by Champion adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x the Resolution be Bailey Champion Correia Elliot O'Donnell Vanderhoef Wilburn -', r~\ i n City of Iowa City MEMORANDUM Date: July 14, 2006 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: SUB06-00011 - Final Plat of Hollywood Manor, Part 9 All discrepancies on the final plat of Hollywood Manor, Part 9 have been resolved. The location of the proposed off-site storm sewer and drainage easement has been illustrated and labeled on the final plat. Therefore, staff recommends that SUB06-00011, a final plat of Hollywood Manor, Part 9, a 4.84-acre, 12-lot residential subdivision located at the ends of Wetherby Drive and Tofting Circle, be approved. To: Planning & Zoning Commission Item: SUB06-00011 GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: location: Size: Existing land Use and Zoning: Surrounding land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 45-Day Limitation Period: 60-Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Public Services: STAFF REPORT Prepared by: Karen Howard Date: July 6, 2006 ST Enterprises L.C. 2621 Catskill Court Iowa City, IA 52245 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 (319) 351-8282 Final Plat Development of 12 single family homes South of Burns Avenue, East of Wetherby Park, West of Russell Drive 4.84 acres Residential I RS-5 North: Residential I RS-5 South: Residential I RS-5 East: Residential I RS-5 West: Public parkland/P1 low Density Residential Wetherby June 8, 2006 July 23, 2006 August7,2006 Municipal water and sewer service is available to serve the property. The property is subject to a sanitary sewer tap-on fee, a water main extension fee and a storm water management fee. Police, fire protection,' and sanitation services will be provided by the City. 2 BACKGROUND INFORMATION: The preliminary plat for Hollywood Manor, Part 9, was approved in June. A sensitive areas site plan that provides for the protection of the groves of trees on this property has been approved by staff. The applicant is now requesting approval of the final plat. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans and legal papers are being reviewed by the City Engineering Division and City Attorney's office. They must be approved by staff prior to Council consideration of the final plat. Sensitive areas - The sensitive areas site plan and preliminary plat included conservation areas for the protection of the groves of trees. These are shown on the final plat. The legal papers should specify the requirements for the long-term protection of these trees. Neiahborhood open space - Outlot A will be dedicated to the City to provide pedestrian access to Wetherby Park and to partially fulfill requirements for neighborhood open space dedication. According to the conditional zoning agreement the developer is responsible for constructing an 8-foot wide sidewalk within this 20-foot right-of-way at the same time as the abutting street is constructed. Outlot A is approximately 2,587 square feet, leaving an obligation to pay an open space fee based on the remaining open space obligation (2,367 square feet). These requirements should be addressed in the legal papers. Storm water manaaement - This property drains in three different directions. Stormwater calculations indicate that the portion of the property that drains to the north will not cause an increase in stormwater run-off from the pre-development flow, so stormwater management is not required. The middle section of the property (2.02 acres) drains to the South Sycamore Drainage Corridor. Stormwater fees of $2,775.68 per acre apply to this portion of the subdivision for a total of $5,606.87. Drainage of the southernmost portion of the property is somewhat problematic. 1.67 acres of land in the southern portion of Hollywood Manor, Part 9 currently drains to the southwest across a yet to be developed portion of the Brookwood Pointe subdivision. Brookwood Pointe was preliminary platted without providing a means to connect this part of Hollywood Manor into the storm sewer system. The developer is working with the neighboring property owner to obtain a stormwater easement and an agreement that would allow connection into the storm sewer system in Brookwood Pointe at such time as that subdivision is developed. Once those issues are resolved to the satisfaction of the City Engineer, staff recommends approval. A signed easement agreement between the two property owners will be required prior to consideration by City Council. Water Main and Sanitarv Sewer Fees: Development of this subdivision will result in water main fees of $395 per acre for a total of $1,911.80. South Sycamore Sanitary Trunk Sewer tap-on fees are required at $1796.50 per acre for a total of $8,695.06. ppdadmin\stfrep\sub06-OO011-hollywoodmanorpt9final. doc 3 STAFF RECOMMENDATION: Staff recommends deferral of this item until the deficiencies and discrepancies listed below are resolved. Upon resolution of the deficiencies and discrepancies, staff recommends that SUB06-00011 , a final plat of Hollywood Manor, Part 9, a 4.84-acre, 12-lot residential subdivision located at the ends of Wetherby Drive and Tofting Circle, be approved. DEFICIENCIES AND DISCREPANCIES: . Off-site stormwater easement must be illustrated on the final plat. ATTACHMENTS: 1. Location Map 2. Plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development ~~ ppdadmin\stfrep\sub06-00011-hollywoodmanorpt9final. doc CITY OF IOWA CITY ~ ~,'C~ o. l~-j fl\ll1 I I I 1_ - :. SS- -RS1 :~ \ \ \ \ I ~ TOCTING AVE .~ ~ ~ I ~ I P1 ~ ~ ~ ~ /)/ ~ U1 cg-- U1 r:z -z- \ I Wetherby I Pork RS5 ID-RS ! i I I I I SITE LOCATION: Hollywood Manor, Part 9 SUB06-00011 I I I I FINAL PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN ".84 ACRES HOLL YWOOD MANOR - PART 9 I _T1-<'S SPAce; Rr;:S"'..vEO "-0" ..e:CO,,""''''''S USI!:_ IOWA CITY, IOWA M fPl~1Rl1I ~~ cllFil(Q)ILILt\1W(Q)(Q)[Q) ~~INI(Q)! ffii,[Q)[Q)~f~@J1f!!I PLAT PRRP'RR" BY SUBDIVIDER/OWNER I ", _,_ ,=_,,=".,.~._~._ =~ _'~I , ; ~~ MMS CDNSOLTANTS INC, ST Ent..-pm"" LC, .. M I I .' 1917 SOUTH GILBERT ST 2621 Catskill Court ~~~ J ~~~ ~~@~"), ~~~ I ~~~ \ ~~~ ~ ~~~ ~~!>> ,I \ 'I c- ~::::~:O:~:::, IOWA CITY, IOWA 52245 - .. ~ - - 1 ~ : \ Sarah Swartzendruber .. ~ \ '!>>@ B~dl.y . 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INCUJ[lIHG 121 _____u_u____________ 0llS1t<C ","""",T LO€S. PlIIf'05E ~01[Il 1 I ~~lti;~.\ ~ B1JT NOT....lEO TO GIlAtMNG. CONSTllU(:"TlON OF 8lJ1LDINGS. AND Rt"'OV~l '" .~- i OFTIltESISPROI<fBlID",rn.<1HtSECONSERVAllQN AREAS. [)fAO. " 1-: -ll[ASUIIED~S -..- ~ (!....A=.OIlIJl5EASElImEESIIAY()O,llY6ERE..O\>ttIUPON~PPROVAl ". =, _CUlM~T__ ""'."'" i I (FOTYfOllE'SlEll W ....nI_O-'......_""..""'__... I 2. T>VlEA'<(NOOTHOlSEN51TTI/Ef'EATUlESfOUND00lTHr.; m (RROllCf'ClO9JREISL(S5TH,1.N1FOOTl'I20.000FlIT 6747002 .' , PROPERTY_ ". I i crJ Prepared by: Susan Dulek, Assl. City Attorney, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-252 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1220 SOUTH FIRST AVENUE TO A PUBLIC HOUSING PROGRAM TENANT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 1220 South First Avenue, also known as Lot 3, Block 9, in East Iowa City; and WHEREAS, a public housing program tenant has offered to purchase the home at 1220 South First Avenue for the principal sum of $135,000; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on July 18, 2006, the City Council adopted a Resolution proposing to convey its interest in 1220 South First Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1220 South First Avenue, legally described as Lot 3, Block 9, in East Iowa City, Iowa City, Iowa, to a public housing program tenant. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $33,750. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 1 s t day of '"~U2~ MAYOR ATTEST: ~~~_) 11 cJ.<:/.--<.A../ CI CLERK Approved by ~~ t--o!\-{)(:, City Attorney's Office Resolution No. Page 2 06-252 It was moved by Bailey and seconded by Correia adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: J( J( x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn [TI Prepared by: Terry Trueblood, Parks and Recreation, 220 S. Gilbert, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 06-253 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE RE-DEVELOPMENT OF BROOKLAND PARK, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at City Hall, until 2:00 p.m. on the 24th day of August, 2006, or at a later date as determined by the Director of Parks and Recreation or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the Parks and Recreation Director or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at City Hall (in Emma J. Harvat Hall), Iowa City, Iowa, at 7:00 p.m. on the 5th day of September, 2006 or at such later time and place as may be fixed. Passed and approved this 1st ,,,of CZU ~~. MAYOR ATTEST: !-k"~ ---).JI ~ CI . CLERK Ap~ by , L ~ cti y Attorney'~ce 7(~(plrJ(p parksrecJreSlbrooklynpal1l.doc Resolution No. Page 2 06-253 It was moved by O'Dormell and seconded by adopted, and upon roll call there were: AYES: NAYS: y x x x x x x Bailey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn qrZ Prepared by: Andrew Cbappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 06-2S4 RESOLUTION ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T & M MINI MART WHEREAS, on May 25, 2006, an employee ofT & M Mini Mart, 2601 Highway 6 E, Iowa City, violated Iowa Code {1 453A.2(l) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation T & M Mini Mart was operating under a retail cigarette permit issued by the City ofIowa City; and WHEREAS, there were two prior violations of Section 453A.2(l) by this business's employees or agents within a three-year period; and WHEREAS, pursuant to Iowa Code {1 453A.22(2), an establishment which holds a retail cigarette permit may be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code {1 453A.2(l), either a $1500.00 civil penalty or a suspension of its permit for a period of thirty (30) days the second time its employees violate {1 453A.2(l) within a two-year period, and both a $1500.00 civil penalty and a thirty (30) day permit suspension the third time its employees violate 9 453A.2(l) within a three-year period, all after a hearing and proper notice; and WHEREAS, on or about August 1,2006, T & M Mini Mart waived its right to the hearing required by Iowa Code 9 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code 9 453A.2(l), by tendering the $1500.00 civil penalty and by turning over its retail cigarette permit to the City Clerk of the City of Iowa City for service ofa thirty (30) day suspension; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing, payment of $1500.00 civil penalty, and service of thirty (30) day permit suspension on behalf ofT & M Mini Mart. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. APPROVED: August I, 2006 LJ~ Mayor, City ofIowa City ATTEST: );~,f ~~ City erk, City ofIowa City Resolution No'. Page 2 06-254 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: x x x x x x x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn C7:J by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 3 I 9.339.6 I 00 RESOLUTION NO. RESO UTION ASSESSING $1500.00 CNIL PENALTY AND THIRTY DAY RETAID CIGARETTE PERMIT SUSPENSION AGAINST T & M MINI MART WHEREAS, on Ma 25,2006, Heidi Zimmerman, violated Iowa Code ~ 453A.2(1) by selling or providing tobacco to minor; and WHEREAS, at the tim~fthis violation, Zimmerman was an employee of the establishme operating under the retail'l(igarette permit issued to T & M Mini Mart, 2601 Highway 6 , Iowa City; and \ \ / WHEREAS, pursuant to low Code ~ 453A.22(2), an establishment which holgri retail cigarette permit is subject to a civil pen ty of$300.00 as a result of its employee vio!.ating Iowa Code 9 453A.2(1), after a hearing and p oper notice; a $1500.00 civil penalty or \1>.{rty day retail cigarette permit suspension, at the retailer' option, for the second such violatio~ithin a two-year period; and a $1500.00 civil penalty and t 'rty day retail cigarette permit s~ension for the third / violation within a three-year period, and ,/ WHEREAS, a hearing was held on th date by the City Co~il to determine whether to assess the civil penalty against T & M Mini rt and at said heJlBng the City Council heard the facts of the violation and the arguments of the p itee, if any;-'and ~ WHEREAS, this violation is the third sucH viola,Won of an employee of T & M Mini Mart within a three-year period to be considered by the il:y'Council under Iowa Code ~ 453A.22(2). NOW, THEREFORE, BE IT RESOLVED B THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and jlearing a d pursuant to Iowa Code ~ 453A.22(2), hereby imposes a $1500.00 civil penalty and'thirty day r tail cigarette permit suspension, against T & M Mini Mart. ,. BE IT FURTHER RESOLVED, that said retail cigar tte permitee has twenty (20) days from the date of this Resolution to pay the $1500.00 civil penal in full to the City Clerk and to deliver to the City Clerk its retail 9igarette permit for service of a irty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will ~ ard a copy of this Resolution to the Johnson County Attorney's Office, which will then provide copy of the same to the retail cigarette permit holder via regular mail sent to the permit hol er's place of business as it appears on the application for a retail cigarette permit. PASSEDAND APPROVED: ,/Mayor, City ofIowa City ATTEST: ~ City Clerk, City ofIowaCity ~ Prepared by: Anissa Williams, Traffic Engineering Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 06-255 RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON COLLEGE STREET BETWEEN 7TH AVENUE AND MORNINGSIDE DRIVE WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for the purpose of considering neighborhood traffic calming projects; and WHEREAS, the residents of College Street between 7'" Avenue and Morningside Drive have gone through the process of considering a traffic calming project according to the City Council's approved procedure; and WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic calming program, and a 100% majority of the neighborhood has indicated they are in favor of speed humps; and WHEREAS, the City Council finds said proposal to be in the public interest and is consistent with its traffic calming program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposal for the installation of speed humps on College Street between 7''' Avenue and Morningside Drive is hereby approved. 2. City staff is directed to proceed with the installation of speed humps on College Street between 7'" Avenue and Morningside Drive. Passed and approved this 1 s t oo,m c2LJ ilL MAYOR ATTEST: Pt~ ~. s>4!~ CITY 'CLERK Approved by ~t{{~ 7/;zsl~ jccogIplreslspeed humps - college st.doc Resolution No. Page 2 06-255 It was moved by Champion and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 06-256 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 EARTH TECH TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE McCOLLISTER BOULEVARD ROADWAY PROJECT WHEREAS, the City of Iowa City desires to construct an arterial street as part of the McCollister Boulevard project; and WHEREAS, this arterial street will assist in connecting Mormon Trek Extension near Riverside Drive to McCollister Boulevard at South Gilbert Street (Sand Road); and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design for construction of the McCollister Boulevard Roadway Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Earth Tech, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Earth Tech. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1, The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in duplicate, Passed and approved this 1 s t u ust ,2006, U~ ATTEST: ~---)k' ~ CI LERK Approved by: j~ 7f~~ c:uJ Resolution No. Page 2 06- 256 It was moved by Vanderhoef and seconded by Bailey adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x x x CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 1st day of AlIglI~t ,2006, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Earth Tech, Inc., of Waterloo, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires the Consultant to provide professional services for the extension of McCollister Boulevard from Riverside Drive to Gilbert Street in Iowa City, Iowa, as defmed below. 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. A. Project Description This project consists of the extension of McCollister Boulevard from Riverside Drive to Gilbert Street, a distance of approximately 3,800 feet. The project will involve the construction of a three-lane facility with possible additional turn lanes at the intersections. Attachment B shows the approximate project limits. B. Scope Services to be provided for the project under this Agreement will be divided into two phases. The first phase will include the preliminary engineering and fmal design. This phase will include survey, aerial mapping, traffic analysis, determination of fmal alignment and preparation of final plans and specifications. It is anticipated that this project will be let through the Iowa DOT letting process as a single construction contract. The second phase will include construction-related services, which will be determined at the time the services are needed. PHASE I - PRELIMINARY ENGINEERING AND FINAL DESIGN Survey and Base Mapping The tasks included under this category include field surveys and base mapping which are required during the design phase of the project. The Consultant will contact property owners and request right-of-entry before entering private property. Aerial planimetric mapping and a digital terrain model (DTM) for the project will be provided by Aerial Services, Inc., a subconsultant. Task 1 - Data Collection. This task includes collecting data related to the site, including property owners, right-of-way, utilities, as-constructed plans and existing environmental data. Task 2 - Baseline. Bench Marks and Aerial Ground Control. The project control surveys will be set in the field. Task 3 - Supplemental Desi!!n Survey. Additional design survey will be obtained for drainageways, side road connections and for locating features which are not picked up on the aerial mapping. Task 4 - Locate Soil Borin!!s. Soil borings will be located in the field, tied into the baseline and surface elevations will be obtained. Task 5 - Section Corner and PropertY Corner Surveys. Section corners and property corner locations will be obtained in the field, as needed, to determine existing right-of- way lines. Task 6 - Utility Surveys. Utility accesses will be located, opened, and measured in the field. Task 7 - Survey Note Reduction and Base Mannin!!. This task consists of entering the new topographic features and digital terrain model (DTM) into the computer-aided design and drafting (CADD) system and obtaining a set of plots. The additional survey data will be merged into the digital aerial mapping obtained for this project. Cross sections will be plotted from the DTM. Property lines and owners' names, as determined from Johnson County Auditor's records, will be plotted on the base map. Existing utilities will be plotted from utility records and above-ground features located in the field. Final Design The following tasks lead to the preparation and submittal of fmal construction documents for the project. The project will be prepared for a single construction project, to be let by the Iowa DOT. Task 8 - Title and Le!!end Sheets (A-Series Sheets). The title and legend sheets will be prepared in accordance with Iowa DOT standards. Task 9 - Tvpical Sections and Details (B-Series Sheets). Typical cross sections and road design details will be developed in accordance with Iowa DOT standards. Task 10 - Bid Items and General Notes (C-Series Sheets). Plan sheets will be prepared to include the following: -2- A. Bid item and quantity listing. (A separate division will be included for the non- participating water main items.) B. Estimate reference information. C. General notes. D. Storm Water Pollution Prevention Plan Task 11 - Tabulations and Ouantities (C-Series Sheets). Detailed tabulations will be included for most bid items. This task includes the quantity tabulations which are not included elsewhere in the scope. Final bid quantities will be calculated and tabulated. Task 12 - Plan and Profile Sheets (D- and E-Series Sheets). 'This task consists of preparing the final plan and profIle sheets for the roadway construction. The scale of the plan sheets will be 1"-100'. The following items are included: A. McCollister Boulevard B. Riverside Drive Connection Task 13 - Geometric Lavout Sheets (G-Series Sheets). This task includes the fmal geometric layout sheets, including centerline layouts, tabulations of geometric curve data, benchmarks and reference ties. Task 14 - Stal!inl! and Traffic Control Sheets (J-Series Sheets). It is anticipated that the project will be constructed in stages to allow local access to adjacent properties and that Riverside Drive will be closed during construction in that area. The following tasks are anticipated: A. Develop construction-staging plans. B. Develop traffic control plans during construction. Task 15 - Intersection Details (L-Series Sheets). 'This task includes preparaiion of the final intersection geometric layouts, including intersection radius design, edge profIles, spot elevations and jointing diagrams. Task 16 - Drainal!e and Culvert Details (M-Series Sheets). This task includes the final design and tabulation of storm sewer and pipe culvert items. It is anticipated that McCollister Boulevard will be an urban (curbed) street with a new storm sewer system. Task 17 - Sil!ninl! and Pavement Markinl!s. This task includes the fmal design of roadway signs and pavement markings along the new roadways. Task 18 - Soils Desil!n and Earthwork Tabulation IT-Series Sheets). This task includes the final tabulation of earthwork items including cut, fill, compaction requirements, special handling of soils, and topsoil removal and replacement. The -3- geotechnical design for this project is being completed by Terracon Consultants. Subtasks are as follows: A. Design of WeHand Crossing. It is anticipated that special design provisions will be needed for crossing the wetland area east of Riverside Drive. This task includes consultation with Terracon Consultants regarding design techniques such as wick drains, drainage blankets and stone columns, and providing the final plan sheets for the wetland crossing. B. Earthwork Design and T-Sheets. This task includes the remaining earthwork design and tabulation for the project. Task 19 - Desilm Cross Sections (W-. X-. Y- and Z-Series Sheets). This task includes preparation of the final cross section sheets. Task 20 - Reinforced Concrete Box Culvert Desilm. This task includes the fmal design of a 10'x8' reinforced concrete box culvert with standard wingwalls, located at Willow Creek. Task 21 - Water Main Desi!!n. This task includes the final design for extending a 16- inch diameter water main from approximately 300 feet east of old Highway 218 to Gilbert Street, where the water main will be connected with an existing 12-inch main. The crossing of the Iowa River, including all work between the bridge abutments, will be designed by others and is not included in this task. The water main design will include the required fittings, hydrants and valves. This task includes the design and drafting of plan sheets, bid items, estimated quantities and notes for the water main items. Task 22 - Oualitv Control Review. This task consists of a quality control review of the plans by the senior staff engineers prior to submittal to the Owner. Task 23 - Final Revisions. This task includes final revisions of the design drawings following the submittal and review of Check Plans by the Owner. Task 24 - Construction Cost Estimate. An estimate of probable construction cost will be prepared for submittal with the fmal plans. The cost estimate will include participating and non-participating divisions. Task 25 - Special Provisions. This task includes preparation of the special provisions for crossing the wetland area and for the water main improvements. Task 26 - DOT and Citv Submittal and Priutin!!. This task includes printing and submittal of intermediate and fmal construction plans and other documents. Included are the Concept Statement, Preliminary Plans, Check Plans and Final Plans. The plans and documents will be submitted for City and DOT review. -4- Task 27 - Field Review. A I/2-day field review is anticipated with the City prior to completion of the final plans. Exclusions to Final Desi1!ll. The following design elements are not anticipated for the project and are not included in the scope: Traffic Signal Design Lighting Design Borrow Site Design Wetland Mitigation Design Regulated Materials InvestigationlDesign Guardrail Design Bridge Approach Sections and End Drains Right-of-Way Activities Task 28 - Ri1!ht-Of-Wav Documents. This task will consist of preparing plats and descriptions for the acquisition of right-of-way. The number of parcels under this task is estimated to be five (5). Additional parcels, if required, will be completed as a supplement to this Agreement. Task 29 - Environmental ProDertv Assessments. Any work related to underground storage tanks or other environmental review of properties which is determined to be necessary during the course of the project will be considered a supplemental service to this Agreement. Task 30 - Ri1!ht-of-Wav Stakin1!. This task includes staking of approximate new right- of-way lines in the field to assist the right-of-way acquisition agents in visualizing the proposed lines. The consultant will request right-of-entry before entering private property. The task of fInal land surveying of new property comers and easement boundaries, including the setting of property pins at all new comers, is not included in the Phase I basic services, but will be added as part of Phase II services if requested by the Owner. Task 31 - Indiana Bat Summer Habitat Survev. This task includes a fIeld survey and report for potential Indiana bat summer habitat. Potential roost trees will be assessed for the forested areas located within the project corridor in accordance with the U.S. Fish and Wildlife Service Guidelines for Protection of Indiana Bat Summer Habitat. The project biologist will prepare a report summarizing the results ofthe fIeld survey. This report will be suitable for submittal to the U.S. Fish and Wildlife Service and the Iowa Department of Natural Resources. The report will include data and documentation required by the resource agencies, fIgures showing the area surveyed, descriptions of methods used and results of the field survey. -5- Public Involvement These tasks include preparation for and attendance at public informational activities as needed for the project. The following activities are included in the scope. Additional meetings and activities, if required, will be added to the scope by supplemental agreement. Task 32 - Public Informational Meetin!!. One public informational meeting is anticipated. The meeting will be an "open house" format with no formal presentation. The. Consultant will prepare displays and handouts for the meeting. The City will arrange the meeting space, complete all advertising and will participate in the meeting. Task 33 - ProperlY Owner Meetin!!s. A total of three (3) individual or small-group meetings are anticipated with property owners, either on-site or at City Hall. The Consultant will prepare a memo of each meeting. Task 34 - LocationlDesi!!n Public Hearin!!. A formal location/design public hearing is not anticipated to be required for this project. If needed, or requested by the City, this task will be added as a Supplemental Agreement. Project Administration and Meetings Task 35 - Proiect Meetin!!s. A total of six (6) project review meetings are anticipated to be held at the City Hall in Iowa City or at the project site. The Consultant will provide the minutes of each meeting. Task 36 - Coordination With Brid!!e Desi!!n Team. The Consultant will attend two (2) meetings with the City's bridge design consultant and will exchange information, as needed, throughout the design phase. Task 37 - Pre-Lettin!! Activities and Preconstruction Conference. This task includes providing information and answering questions from Contractors prior to the letting. This task also includes attendance at the preconstruction conference by the project manager or lead design. Task 38 - Proiect Administration. This task includes project administration and coordination throughout the project development. The task includes intra-office meetings, which will be attended by the project team as well as general day-to-day administrative tasks and typing of intra-office memoranda. PHASE II - CONSTRUCTION-RELATED SERVICES The scope of construction-related services will be determined at the time the services are needed and defined under a future amendment to this Agreement. Construction-relatedn -6- services include staking, review, materials testing, contract administration during construction, and right-of-way staking, including new property pins. C. City's Responsibilities City, at its expense, shall do the following in a timely manner so as not to delay the Services. 1. Information/Reports Furnish Consultant available information needed for the Project, all of which Consultant may rely upon without independent verification in performing the Services. 2. Representative Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and defme City's policies and make decisions with respect to the Services. 3. Decisions Provide all criteria and full information as to City requirements for the Project, obtain (with Consultant's assistance, if applicable) necessary approvals, attend Project-related meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and generally participate in the Project to the extent necessary to allow Consultant to perform the Services. II. TIME OF COMPLETION The Consultant shall complete the professional services of the Project within 18 months following Notice to Proceed. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. 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. -7- 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 "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. Tbis 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. F. 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 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. 1. 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 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. -8- 1. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Reuse of such drawings on other projects without the written consent of Consultant shall be without liability to the Consultant and at the sole risk of the user. 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 acknowledged 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. 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 to the City in the sum of $1 ,000,000. IV. COMPENSATION FOR SERVICES City shall pay Consultant for the Services in accordance with the following: A. Compensation for the Services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. The compensation for the services shall be a not-to-exceed amount of Two Hundred Forty- Four Thousand Dollars ($244,000.00) without authorization of the City. Proposed budget is provided in Attachment A. B. Consultant may bill the City monthly for services completed at the time of billing, with net payment due in 20 days. Past-due balances shall be subject to a service charge at the rate of I % per month per request by Consultant. Unless City provides Consultant with a written statement of any objection to the bill within 15 days of receipt, City shall be deemed to accept the bill as submitted. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. -9- FOR mE CITY By ~u ~~- Title: Mavor Date: August 1, 2006 ATTEST:-=nt~ ck. '*'~ '-- L:\work\ADMIN\AGREE\PROF\IowaCityMcCoUister.doc FOR mE CONSULTANT By c;la &.- Joe A. Becker Title: Vice President Date: July 20. 2006 APPROVED BY: ~c:, 7~~ City Attorney's Office Date -10- ATTACHMENT A FEE SCHEDULE EFFECTrvEJA}fiJARYI,2006 Classification Hourlv Rate Range Senior Professional Project Professional Staff Professional Professional CADD Operator II CADD Operator I Senior Technician Technician Project Support $140.00 $85.00 $65.00 $45.00 $50.00 $30.00 $60.00 - $25.00 $25.00 - $210.00 $165.00 $100.00 $85.00 $90.00 $60.00 $1l0.00 $70.00 $70.00 Direct Expenses: Subconsultants Computer Technology Copies - Black & White Copies - Color Blueprinting Sepia Mylar Sepia Vellum Troxler Density Meter GPS Geodimeter Mileage At Cost Included in Above Rates $0.06/Sheet $0.I2/Sheet $0.50/Sheet $5.00/Sheet $2.70/Sheet $45.00IDay $25.00IHour $12.50IHour IRS Rate (Present $0.445) Sheet Size 24x36 Approximate Meals, lodging, car rentals, air travel and some other expenses are invoiced at cost. Specialized equipment and laboratory rates are available for applicable projects. Method of compensation can be adjusted to client needs. Previous methods used include: lump sum, percentage of construction, hourly rates and direct expenses, classification rates and cost plus flXed fee. Services normally not charged to long-term clients: attendance at Council meetings, cost estimate preparation for grant applications, storage and retrieval of original documents on past projects, general miscellaneous requests, general questions, and coordination with regulatory and funding agencies. If you have any questions, please contact Joe Becker at 319-232-6531 or 1-800-772-2028 (in-state WATS). L:\work\ADMIN\TRNSCR\MISC\SA VE\2006Fee.doc -11~ 7120/2006 Page 1 Attachment A McCollister Boulevard Extension From Riverside Drive to Gilbert Street Iowa City, Iowa Staff Hour Estimate Senior Project Staff Senior Staff Project Descrintion of Work Enn/Prof EnnfProf Enn/prof Tech Tech Admin Total -------------------------------------------- ---*--_..* ------------- *_H____..._ .**_H._.*_._*_ _'*'H'H'__'__'__' -----.-..--- ._---*---_. ._._~m!X.jIIld B~..!!._'~~ppi.JIll____*_____._~._____*_. *H___.____._ .-.---------. ~._*---_.- "H_'H'_'_'__'___ ...-....-...-.-- .-.---..---. -.-----.-.-.-. ___LQ.ata.9Q!~Q!L..__.H_.__._.___.______..___.._ -_.._-_.._- --------- ._..._.._.~~ --------~ _'H'_'H'_'_"___ ---.--.--.. __J..2__ *_..1-~a~!L~~~ch ~J!~~..~.J.~!i~!.~r.Q~.!}gJ2!2!}!l:!2L_.__ -_.._*- ......_------ ._.H.__.____ ..____1~ ------------~~ ----.-- --~- .._~~..~I'Q~.!llilJ.Q!t~lS.~ur.:!!L_H._.________. .--------.-.. ----- _H___ __________-W_ __.____H~ _.._- _________4!!_ .~~~~_~i!J.tq,'!!l.9.L___._.___.~___________ --*- ---------- ---.---.--. _____E.. _____6_ ----.--.- _.._....1L._ ._~. Section Co!!!.~!.!..Erp,~ljY.J?oJ!l~J?l!!Y~.~_____ . _..H.._...._.___ ---.--.-. ------- -------1.Q. ___________ 20 --- 30__ ._...@_~mY~J:I!Y.!Y.L__.______________.,.-- . --_...._-- ------- --------- -------:~ __________.1< ------ 18 _...J_Su!Y,!!t.Y..~te Red!::lE!.9D..! Ba2.!!-'~~p.p.!na___.__ -.----.---- ---_.~ ____.i. ---~Q *-..-.---.- --- __---1~__ Subtotal SUfVeV and Base Mannina 0 4 8 82 102 0 198 ._--------_..- ------------ -------- ----- ----- -.------- ---. -- -- .-Elna'-Plans and S~!!!~tf.al_________._____ ------ -------- ---- ----:- .----.- -- _~_TI~~~~sL~.~l~Series Sheets) ______.__ ----- ___'l. ----- _ 6 - ---- ----.--- __..L _JLIy.2-cal ~~ons & ~~i1s (B-Se~..~SheetsL___ __4.. ----- __._...11.. 1~_ _..'L<!JEg Items & Ge!!!!.'!!. Notes (~eries Sheetsl___ . --- ------ ---- ---- -- --- ___.!:~id Item ~ Quanti!-.Y.J-istins__________ ------ -----"- ------- ---_.!. '__'__H_'_ --- 12 .__~_~!!..mate ~~r.e~_!..nfQ.~~.g.n.._____._.___ ----- -_.&. -----~ ___i ---------- 1L .~~raINot~___.. - ----------- ______ 4 -- ==-+ --.--.- --~- '__~H~~9f1Tl Wa~! Pollutip!!E!.!Y.~'!.tl.~n PI~_____ ------ -----.1- ____l!. -----.- -- __JL_ _...1LI~but!!tons & QuantitiesJ9-S~~es ~i!.~~L__ ----------- ------~- __4..8_ __________1!J_ ----- ---- 1-__128 _ 12 Plan & e.r.Qfi.J.fLShee~.lP-- and E.:2.~li~_.~~J!L-__ _HH__.______ .. .-.-.--. --- -------- ._.._!:....~cCollisterBQ!;!L~I@IJ!l_________._ ---_...!! ~ ______4!! -----~ ____---1~ - 176 ...._-&. Rive~L~~_Drive COnnection__H_.____ _______..i ----~~ ___1~ -------~- 1--.--1? 6B _..13 GeometrtEJ~.!I.Y.Qut Sheets (G-Serie~ Sheetel____ _.._H..___ ____ _ 8 16_ r---- ---- __--1L .MJ.i.2.~9i!!9.H~..I~ffic Control Sheets (J-Series Sheets) __ ----- .--.-- e--- ----- - a- De~ Constructi~~~9.'p-!!ns --- f---~ --~ ------ -~- --.- 24 - _b. Oev~QP-J.!!ffic C2Dtrol Plans Dl!.rinJLGQ..nstruction__ --"- --_._~ 1J_ 24 -- ......1~ Intersection Details (l..Series ~heets) 2 __---'l~ ___...J&.. r-~- --.------ ~L -1!!..Qrai~.9..~.! CuL,,-~rt Dejalls (M-Series S~!& __4 --~ e--- 4B ---~ 24 171_ - 17 Signing & PaveH~.!!!Aarkl.naL________ 2 ~- 8 16 -- - -~ ~8 Soils Des.JanM.!..l1D!'pr1< Tabul,!tion______ -- --:-::- f---- --- ___!:~~l!!gn of Wetland CrossiD9.____ .._._._~__..J.~ _________R ---~. _____~1_ ---- .----- -- 92 .___.-!?~ Ea~~..!!g!!Jm~~ T-S.~f.\es ~~~_____ --------- '_M__'~'__1..~ ---...iQ.. ._-_.__._._~ --------- .--.--- - 72 ......1.~ DeslS!L9JY"!'s S~-9!!~..(~~~_Y:._l!.t:'_9_.Z-S~ri~..~~~t!). -------------- .-----.--.-- ------ ----.--.-.--- '_'__H _...__.. ---- .--!:-~~.!n.l.ine_____.___._____...__.___ .------.- _______________..ll.. ---Y ------------~- ---------- ---.-..-.. __--M._ 'M_~ Si~~B-~.9___._._____________..___ -.---- ----' f----~- f-----.1~ 1------------ ----- ____ 22 _2QJ!~!J!Q.r:E~.ft90nf!ete .~2~.9Jlly~~L~~9!l._______ -_.._-*-* _...__._* 32_ _________~9_ _____...-.:!.9~* .---.--- .--..- 216 ...21.JY.ater M!llnJ2~~!g!l____._._._._...._.___.___.____ ------------- __________4..8_ --_._-*-- ---------~- .--.--- ------~ ____-1.12_ _22 aual~!Y..99.!ltrPLI!~y~__.___. .--- *-----!@ ____.*_~4.. .--.--....--. __J!_ -------- ---- _1!J__ .._~~...E!.I)!:L~~yl!!P..!.lL_____.__...___.____._*_ ---..--- _____~i ____Y.. ___ 4.9.. .-....-...--- __H_~__~ ----~~--- * 24 C9.l1~I'!!..~.Q!l..fPH~t.E!>Jim<!t'L_.________.____ _____1- -------~ ------.- --------- ___"H_'_ .---.- 8 ~_?.?_2P.!!c1al_e.rovision~______.~.____ __ __i ________1l!. .._---- ------ --*--_. ---~ -- 28 ..~~_';>O.L~~m~!..i!~..P,!intinR _..H_.________ ___H_H.H..ll _"'_H__'.1.5. ----------- _.___~i. ________..ll.. ----~ ____I~__ .._?J Field Bevi~'___'*_____H'H__'________' _________Jl__ -----------~ ---~- ---- -----. 20 _ Subtotal Final Plans and Submittal 78 472 394 606 72 22 1 644 712012006 Page 2 Attachment A McCollister Boulevard Extension From Riverside Drive to Gilbert Street Iowa City, Iowa Staff Hour Estimate Senior Project Staff Senior Staff Project Descrintion of Work E~lProf EnnlProf Enn/Prof Tech Tech Admin Total ---_..~-_._~~.~_._~-~---~_.__._._~.~-_._------_.~- ---.--.-.-.- -----.-.- -----.-.-- ~~._~-_._-_._- --------- ~_._--~-_. .~-~_._._~. __.I3.!g-'1.{.g.!::JY..~xA~t!:!.!.fJ..f!.~--.-~---.-----~---~------.- -----.--- .._.__._.._-~ ~_._--_._-~. ._~-----_.._- .----.--. -----_.~~ ------~. .._.?~_BiJl.t:!!::Qf.:~..!Y...~Q'l~~.~_.__.___~.______..__.. ._~--_._-- ._---_..._~ ---.-.---- .._______'!9_ ..----.---- ------. ______~L ._~~._~Dviro.!}!!l.!'n~J..E[Qp.~~A~~!!:l.!~J:~_______.__ ~.~_._--- .-.----.----.- ~--~----~_.. .----.---- -_.~-_.__.- --_._--_.~ ______i_ ._~_.B!9.lJ1_:Q.f.:..~_<.!:t_~takLI).9...__._~_____._____.____._ ---~._--_.. -----.--.-- ----.----- ____._J2._ ----~ -- ~_i --~- _2J....L~i!'i!.<.!.~~~_~!!l~!_':!~~.i!!!.~1:I!"~L.___.~. .-------.- .____._._.__4... ------~< ~.~.__.__.~ ---.---- --~-- Subtotal Rlnht.of-Wav ActIvlties 0 4 32 100 32 4 172 -------_.-_._-~----------- _.~---- ----.-- .~---_. -------- ----- -- ----- -f!:!..~iC In~~m.!fl.L_________.________.___ -.--- .----- --_.---- ---.----- .--- - .__~_E!!!ill9Jnfprm!!.iQ~J.Meeti!}9_._____._._ _____12- ------j-~ ---.---- __._ 16 -~ ._2L J;!..p~~~!:.Meeti!:1.9..L________ .___~1... ____1~ --.---- .---.-- 24 ~_34 Loca.!C!.rt.Q.~~.f~J!.2. H~!!.!_1IL ~---- .-.-.----- -.------ -.----- - 0 Subtotal Public Involvement 28 28 0 16 0 4 76 ----------.---------.----- ----.- ----_.~-- .---.-- ----.---- -.-.-- ..--- - _...f.[!J~~~r!J.!l]l~tt:!tiOfl.!I!c!._'.fee1!!!.9!__ .~------- ----.--. ------.- ----- ---- ---...,.- ---- ._35 P'!?i~~tl.~J1.~_______._.. 32 _.____4!1 .-----..- ___~l. ~---- 8 120 -- ._~~~~!i.!?!'_~.!!~ge Des!g!:LTea!!L_..___ -----~ ----~ .---.---.- .-----1< 1----- -- - 26 _.~?...E..."!:'=.etting Activ!~~_____.___._ ~___.__._-.i -------~ --..-.- ------- --- ~:._~~ __.lL ._31!.J:'!?i~A9_'.:!l!.lJistration _____.____ .----1< ._~__-2_~ ..-.-------..- ---.--- ---.---- _50__ Subtotal ~ Administration and Meetinn<: 74 100 0 44 0 32 250 TOTAL HOURS 180 608 434 848 206 62 2,338 Estimated Labor Costs Estimated Expenses $239,400.00 $2,800.00 Aerial Services $1,800.00 Estimated Subconsultants Estimated Total Costs Contingency Maximum Amount Payable $1,800.00 $244,000.00 $0.00 $244,000.00 L.~AFF~_~_ c '" u m c ID E 1: o o 4 / ~ o , 7 o '_d~lli " ~ ;. 'I" E ~ .:t;: .; ~,,; " ~Pi~t l-~; -,.- .$'7 i _ t, f. "!~;r ,\",U , ,'" T 't T T' . r , , \ frf- "r ,r :1: # ,--- .,"'~.. r, .l '0,'<0; '" ~ & G .' Materials- 'c.;q.yarry /\ ".'" SCALE IN WETERS 0 50 '00 200 300 I , .J I , , , 0 200 '00 600 800 '000 '200 SCALE IN FEET L o 0. ID L / U U o U / ,~ 7~ ~w N~ <04 /0 .~ :~ @ EarthTech Anachment B Project Location ^ tl/ca InternatlOnalltd, Company June 2006 City of Iowa City, Iowa . City of Iowa City ~I/ MEMORANDUM TO: FROM: DATE: RE: Ron Knoche, City Engineer Brian Boelk, Sr. Civil Engineer ~ July 27, 2006 McCollister Boulevard Update ~// ~ In response to your request regarding the proposed McCollister Boulevard project, I want to update you on the status of this project and outline the process taken to date. The portion of McCollister Boulevard currently being discussed with regards to design is located between the existing construction just east of Old Highway 218 and recently paved connection at South Gilbert Street. As you are aware, this new roadway would require construction of a roadway between the former City Landfill (Mesquakie Park) and Thatcher Mobile Home Park, and includes a new bridge across the Iowa River. The City of Iowa City has been planning for a future southern arterial street for many years, as it is identified as the South Central Arterial in the Iowa City South District Plan, adopted in December 1997, and the South Central District Plan which was adopted in February 2000. In May 1999, the city completed a Location Study Report for the South Central Arterial between US 218/Highway 1 and Sycamore Street. More recently, an environmental assessment and location study was completed for this corridor in which a written evaluation of the expected social, economic and environmental effects of the proposed project was evaluated. This environmental study process began in early 2005, as Earth Tech identified some of the significant impacts in the area. Throughout the study, numerous state and local agencies were part of the review and comment period such as the State Historical Society of Iowa, the State Conservation and Recreation Division, Fish and Wildlife Service, the Iowa Department of Transportation (I DOT) , Federal Highway Administration (FHWA), Iowa Department of Natural Resources (IDNR), and Corps of Engineers. As part of this process, a Location Public Hearing was held at the Iowa City airport conference room on May 18, 2006, to present the results of the environment assessment. This hearing was advertised to the entire community through a press release and newspaper announcement on May 9, 2006. Also on May 9th, individual invitations were sent out to all known tenants and property owners in the impacted area. As a result, approximately 12 people attended the public hearing in which this attendance was an even split between residents of Thatcher Mobile Home Park and the Showers Addition. All concerns and issues were both heard and recorded by the City and the consultant Earth Tech. Since the public hearing, the required allotted time for public comment was given and all comments received were included in the minutes and final environmental assessment report. The deadline for published public comments closed on June 1, 2006. This document was then sent out for final review by all involved agencies, and was recently approved. As a result, Iowa City received the signed Finding of No Significant Impact (FONSI) from the FHWA on July 7, 2006, and was given permission to proceed with the property acquisition. July 27, 2006 Page 2 At the July 18th council meeting, the contract was approved with Howard R. Green for the design of the McCollister Boulevard Bridge which is to cross over the Iowa River. At the August 1st meeting, the contract was approved with Earth Tech for preliminary and final design of the roadway portion of this project. The exact alignment of this roadway has not yet been determined, as the consultant is waiting for final geotechnical testing to be completed in order to better delineate the boundary of the old City Landfill. The consultant has predicted that an alignment impacting the local residents the most would result in a displacement of three mobile homes in Thatcher, as well as one residence in the Showers Addition. The proposed schedule by both consultants anticipate an IDOT letting in September of 2007, in which construction would later begin in late 2007 or early 2008. The City will hold a pre-design meeting with the nearby property owners. Cc: Rick Fosse Mitch Behr ~ Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 06-257 RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2007 FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENTS TO THE CONTRACTS OF THE CITY MANAGER AND CITY CLERK TO INCLUDE A PROVISION FOR CONVERSION OF ACCRUED VACATION AND CLARIFY VACATION PAYMENT FOR THE CITY MANAGER UPON RETIREMENT OR RESIGNATION. WHEREAS, the City of Iowa City, Iowa, employs the City Manager, City Attorney and City Clerk subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salary compensation for the said unclassified personnel; and WHEREAS, the City Council has requested, and the City Manager and City Clerk have agreed, to amend their contracts each year to allow conversion of up to 80 hours of accrued vacation time directly to the employee's pension plan; and WHEREAS, the City Council and the City Manager have agreed to amend the contract of the City Manager to provide payment of up to 400 hours of accrued vacation upon retirement or resignation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following compensation is hereby established effective July 1, 2006: Salary: City Manager - $153,088.00 City Attorney - $65,270.40 (60% FTE) City Clerk - $84,136.00 Other: City Manager - Cash value of 80 hours of accrued vacation ($5,554.40), to be paid directly to pension plan. Cash value of 80 hours of accrued vacation ($2,996.00), to be paid directly to pension plan. City Clerk - BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the amendments to the Employment Agreements of the City Manager and City Clerk, attached hereto and made a part hereof, are hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said amendments for and no behalf of the City of Iowa City, Iowa. Resolution No. Oh-?'i7 Page 2 Passed and approved this 1 s t ,,,of ~ ,2006, -\ U _tQ~. MAYOR Approved by ATTEST: ~~.......J k. kcuJ CITY LERK ~~ '7-;J..f"'-/)b City Attorney's Office clerk\res\salaries06.doc Resolution No. Page 1 06-257 It was moved by Bailey and seconded by Correia adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X 1C X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn AMENDMENT TO EMPLOYMENT AGREEMENT Stephen J. Atkins, City Manager of the City of Iowa City, and the City Council of the City of Iowa City do hereby amend the employment agreement between them dated June 7, 1986 as follows: 1. Section 12 of said Agreement entitled "Vacation, Sick and Military Leave" is amended as follows: Section 12.A: As an inducement to Employee for him to become City Manager, upon commencement of employment, Employee shall be credited with 20 days of vacation leave and 12 days of sick leave. Thereafter, Employee shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of employer. However, upon retirement/resignation the employee shall be entitled to payment of vacation accrual in an amount not to exceed 400 hours. In addition, the Employee may, no later than June 15 of each year, at his discretion convert up to 80 hours of accrued vacation time to the employee's pension plan at the employee's current base rate. CITY OF 10(2: IOWA BY: G MAYOR ~- ~ ATTEST: ~A~......;J k. -k~ CITY LERK ~ By: Stephen J. tkins [:;01L City Attorney's Office 7- ~ r', (J r" Eleanor/agtlmgr~amend 12a.doc AMENDMENT TO EMPLOYMENT AGREEMENT Marian K. Karr, City Clerk for the City of Iowa City, and the City Council of the City of Iowa City do hereby amend the employment agreement between them dated October 12,1999 as follows: 1. Section 10 of said Agreement entitled "Vacation, Sick and Military Leave" is amended as follows: Section 10.A Employee shall accrue, and have credited to her personal account, vacation and sick leave at the same rate as other general employees of Employer. Additional vacation time may be credited to Employee upon the mutual agreement of the Employer and Employee. The employee may, no later than June 15 of each year, at her discretion convert up to 80 hours of accrued vacation time to the employee's pension plan at the employee's current base rate. CITY OF 1\:2::XWA (\(\ BY: U~ MAYOR ATTEST: ~"'~~ DE CITY CL K '- By: ~~A~ k. i{'~ Man K. Karr Approved by ~~ 7-:2.f'-Ot., City Attorney's Office eleanor/agt/ctyclerk-agtSec10A.doc