HomeMy WebLinkAbout2007-03-20 Resolution
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Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 07-71
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF lOW A CITY, lOW A, that a Dancing
Permit as provided by law is hereby granted to the following named person and at the
following described locations upon hislher 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:
First Avenue Club - 1550 First Avenue
P=OO Md "!,prov'" <hi. "" d'yor ~:(
M YOR
) JdJ;' 20:
ATTEST: )J'v...(~-*u:/ t! ~
CITCLERK
Approved by
~~ \,~-Ol,..
City Attorney's Office
It was moved by RA i 1 Py and seconded by
Resolution be adopted, and upon roll call there were:
Vanderhoef
the
AYES:
x
NAYS:
ABSENT:
_ Bailey
---1L- Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
---1L-
x
X
---1L-
i\IA,
v
J ~:;10;
Prepared by: Sarah Okerlund, Civil Engineer, 410 E, Washington St., Iowa City, IA 52240, (319)356-5149
RESOLUTION NO. 07-76
RESOLUTION SETTING A PUBLIC HEARING ON APRIL 3, 2007 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE NEWTON ROAD WATER MAIN
REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 3rd day of April,
2007, at 7:00 p.m. in the Emma J, Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk,
2, That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this
20th
day of March ,20 07
(2r><--l J .J~~
~g
."
ATTEST: /Jfi.-?~tt: ~A)
CIT LERK
Approved by /"
__ J'/ I~?
City Attomey's Office
pweng\masters\newtonrd .doc
9/99
Resolution No.
Page 2
07-76
It was moved by Bailey and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES:
NAYS:
x
x
x
x
x
x
ABSENT:
Bailey
x Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
N\ l"
l_/'
[;[J
Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149
RESOLUTION NO. 07-77
RESOLUTION SETTING A PUBLIC HEARING ON APRIL 3, 2007 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE 2007 PAVEMENT REPLACEMENT FOR
WATER MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 3rd day of April,
2007, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this
20th
d,yof (2: ( ) iC
MAYOR - --
~
ATTEST: ~(~J<'./ Jf. ~AAJ
CI .. LERK
Approved by .
~ ~J-/o 7
City Attorney's Office
pweng\masters\07pavereplace.doc
9/99
Resolution No.
Page 2
07-77
It was moved by Bailey and seconded by
adopted, and upon roll call there were:
Vanderhoef
the Resolution be
AYES:
NAYS:
x
x
x
x
x
x
Bailey
x Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
ABSENT:
N'0~
aw
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St..lowa City, IA 52240 (319)356-5053
07-78
RESOLUTION NO.
RESOLUTION NAMING DEPOSITORIES
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the
City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of
the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City
Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum
approved for each respective financial institution as set out below.
Maximum Balance
in effect under
this resolution
65,000,000.00
Maximum Balance
in effect under
prior resolution
65,000,000.00
Depository
Name
U.S. Bank NA
Location of Home Office
800 Nicollet Mall
Minneapolis, MN 55402
Local Location
204 East Washington St.
Iowa City, IA 52240
35,000,000.00 35,000,000.00
25,000,000.00 25,000,000.00
35,000,000.00 35,000,00000
35,000,000.00 35,000,000.00
50,000,000.00 50,000,000.00
50,000,000.00 50,000,000.00
50,000,000.00 0.00
0.00 50,000,000.00
15,000,000.00 15,000,000.00
Iowa State Bank &
Trust Co.
102 S. Clinton St.
Iowa City, IA 52244-1700
Same
Hilts Bank & Trust Co.
131 Main Street
Hills, IA 52235
132 E. Washington St.
Iowa City, IA 52240
PO. Box 387
Memphis, TN 38147-0001
501 12th Ave, Ste 100
Coralville, IA 52241
Regions Bank
1601 22nd St., Suite 20S
West Des Moines, IA 50266
22S South Dubuque
Iowa City, IA 52240
West Bancorporation, Inc.
Bank of the West
P.O. Box 73850 301 S. Clinton St.
Cedar Rapids, IA 52407-3850 Iowa City, IA 52240
112 S Dubuque St
Iowa City, IA 52240
Wells Farso Bank, NA
666 Walnut St.
Des Moines, IA 5030S
Opti\fa Credit Onion
Same
500 Iowa Avenue
iowa City, IA 52244-2240
'l!II1ilt~llIl1l!iJ!iirfl~"iljJ;lilll!1lll"I;liiI500 Iowa Avenue Same
~iri\illl!:~f.llll!lijJ;i Iowa City, IA 52244-2240
Same
Freedom Security
Bank
140 Holiday Rd.
PO Box 5880
Coralville, IA 52241
Same 15,000,000.00 15,000,000.00
205 E Collese 25,000,000.00 25,000,000.00
Iowa City, IA 52240
1901 Broadway, Ste 2 25,000,00000 25,000,000.00
Iowa City, IA 52240
805 22nd Avenue 10,000,000.00 10,000,000.00
Coralville, IA 52241
Farmers & Merchants
Savings Bank
1550 S. Gilbert St.
Iowa City, IA 52240
Liberty Bank
6400 Westown Parkway
Des Moines, IA 50266
1207 Central Avenue
Fort Dodge, IA 50501
First American Bank
American Bank & Trust
4301 East 53rd Street
Davenport, IA 52807
20th
March ,2007 n
~L( I.~~h._
M R - -
}!:?"ed by W" ?
City Attorney's Office
Passed and approved this
day of
ATTEST 7j~.-.Ji!. ~M~
CITY CLERK
Resolution No.
Page 2
07-78
It was moved by Bailey and seconded by Vanderhoef
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
Bailey
y Champion
Correia
.Elliolt
O'Donnell
Vanderhoef
Wilburn
y
x
x
X
X
iV\ \5
w;:]
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 07-79
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR
THE PROPERTY LOCATED AT 1029 BOWERY STREET, IOWA CITY, IOWA.
WHEREAS, on October 15, 2003, the owner executed an Agreement with the City of
Iowa City to secure a loan; and
WHEREAS, the lien 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 1029 Bowery Street, Iowa City, Iowa from an Agreement, recorded October
16, 2003, Book 3655, Page 866 through Page 886, of the Johnson County Recorder's
Office.
Passed and approved this 20th
day of
March
,20 07 .
C2~u1L
MAYOR
ATTEST: ~~ #. ~.-u.J
CICLERK
Approved by
~~ '),-\-"'1
City Attorney's Office
It was moved by Bailey and seconded by
Resolution be adopted, and upon roll call there were:
Vanderhoef the
AYES:
NAYS:
ABSENT:
x
Bailey
x Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
X
---X: _
x
X
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)35&-5246
Legal Description of Property: see below
Mortgagor(s): Jamie Powers (D.B.A. Deluxe)
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1029 Bowery Street, Iowa City, Iowa,
and legally described as follows:
Lot six (6) and the east forty (40) feet of Lot five (5), in Subdivision of Lots 5 and 6, Block 3,
Summit Hill Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book
3, Page 79, Plat Records of Johnson County, Iowa.
from an obligation of the owner, Jamie Powers (D.BA Deluxe), to the City of Iowa City
represented by an Agreement, recorded October 16, 2003, Book 3655, Page 866 through Page
886, of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
"POO '",,'0 'h, ,bow proporty by ~OO" of ". po" re~'J ~
MAYOR
ATTEST: ~t'...~ <,J/. ~.
CI LERK
Appro~. ~~ ~
~~ ~-("-O~
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~O day of MAtr.clJ,. ,A.D. 20~, 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 swom, 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 thp instrument was signed and sealed on behalf of the corporatip_" by
authority of its City Council, as contained in Resolution No.t1-1? adopted by the City Council on the~day at. MA~ '
20 ~; and that the said Ross Wilburn and Marian K. Kerr as such officers acknowledged the executio1l of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily executed.
~~. F.wh
Notary Public in and for Johnson County, Iowa
M~ c;D
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City. IA 52240 (319)356-5246
RESOLUTION NO. 07-80
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING A REHABILITATION
AGREEMENT, A PROMISSORY NOTE AND FOUR MORTGAGES FOR THE
PROPERTY LOCATED AT 813 RONALDS STREET, IOWA CITY, IOWA.
WHEREAS, on April 20, 1994, the owner executed a Rehabilitation Agreement, a
Mortgage, and a Promissory Note with the City of Iowa City; and
WHEREAS, on July 19, 2000, the owner executed a Mortgage with the City of Iowa City;
and .
WHEREAS, on June 11, 2001, the owner executed a Mortgage with the City of Iowa
City; and
WHEREAS, on July 13,2004 the owner executed Mortgage with the City of Iowa City;
and
WHEREAS, the loans have been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
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 813 Ronalds Street, Iowa City, Iowa from a Rehabilitation Agreement, a
Mortgage, and an Promissory Note recorded May 24, 1994, Book 1753, Page 26
through Page 28, Book 1753, Page 30 through Page 34, Book 1753, Page 35 through
Page 37; and a Mortgage recorded July 27, 2000, Book 2991, Page 66 through Page
70; and a Mortgage recorded June 13, 2001, Book 3076, Page 193 through Page 197;
and a Mortgage recorded November 4,2004, Book 3812, Page 436 through Page 440,
of the Johnson County Recorder's Office.
Passed and approved this 20th day of March , 20~.
CZl LOJl
MAYOR
ATTEST: I~~J~L/)~' c~AA.J
CITY LERK
Approved by
~~ -~- ')-C>t
City Attorney's Office.
Resolution No.
Page 2
07-80
It was moved by Bailev and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
x
x
x
x
x
x
Vanderhoef
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
the
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, lA' 52240 (319)356-5246
legal Description of Property: see below
Mortgago~s):
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the property located at 813 Ronalds Street, Iowa and
legally described as follows:
The E Y. of Lot 3 in Block 10, in Iowa City, Iowa, according to the recorded plat thereof.
This is given in complete satisfaction of a contract recorded in Book 259, page 355, in the
Office of the County Recorder, Johnson County, Iowa.
from an obligation of the owner, Wilma D. Kinney, to the City of Iowa City represented by a
Rehabilitation Agreement, a Mortgage, and an Promissory Note recorded May 24, 1994, Book
1753, Page 26 through Page 28, Book 1753, Page 30 through Page 34, Book 1753, Page 35
through Page 37; and a Mortgage recorded July 27, 2000, Book 2991, Page 66 through Page
70; and a Mortgage recorded June 13, 2001, Book 3076, Page 193 through Page 197; and a
Mortgage recorded November 4,2004, Book 3812, Page 436 through Page 440, 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 recou<:ument. Jt
t() .A.-
MAYOR
-
ATTEST: 7J~1(. ~
CITY lERK
Approved by
~ 1-)-~
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ..lo day of MAr2.c.1l- , A.D. 20JJ.:L, before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that
they are the Mayor and City Clerk, respedively, of said municipal corporation executing the within and foregoing instrument; that the
seal afflxed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of tbe ~rporation by
authonty of its City Council, as contained in Resolution No,D~, adopted by the City Council on the ~ day ~ JllJ\JZCfi ,
20..A.:.l-- and that the said Ross Wilburn and Marian K. Kerr as such officers acknowledged the execution of said instrument to be the
voluntary ,act and deed of said corporation, by it and by them voluntarily executed.
s~F~
Notary Public in and for Johnson County, Iowa
M1J
Ci[]
Prepared by: Liz Osborne, CD Division, 4.10 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 07-8]
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 1409 YEWELL STREET, IOWA CITY, IOWA.
WHEREAS, on July 1, 1997, the owner executed a Mortgage with the City of Iowa City
to secure a loan; and
WHEREAS, the lien 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 1409 Yewell Street, Iowa City, Iowa from a Mortgage, recorded July 3, 1997,
Book 2300, Page 31 through Page 34, of the Johnson County Recorder's Office.
Passed and approved this 20th day of
M::Irch
, 20...Jl.L.
CZc J .tl-
MAYOR
ATTEST: 7J~;........J ~ c/!dM./
CITY LERK
APproV~bY..
~~ )-1<(-01
City Attorney's Office
It was moved by Bailey and seconded by
Resolution be adopted, and upon roll call there were:
Vanderhoef
the
AYES:
NAYS:
ABSENT:
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
x
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal DescMption of Properly: see below
Mortgagor(s): Melody A. Weig
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1409 Yewell Street, Iowa City, Iowa,
and legally described as follows:
Lot 84 in Kirkwood Heights, an addition to Iowa City, Iowa, according to the plat thereof
recorded in Book 3, Page 137, Plat Records of Johnson County, Iowa.
from an obligation of the owner, Melody A. Weig, to the City of Iowa City represented by a
Mortgage, recorded July 3, 1997, Book 2300, Page 31 through Page 34, of the Johnson County
Recorder's Office. '
This obligation has been satisfied and the property is hereby released from any liens or clouds
"PO" titl. to tho._ ",oporty by ,,~'" of "Id po" _~:~ ~
MAYOR
ATTEST: ~ -II. ~~
CI LERK
Approved by
~~ 3-('-I"-0/-
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this .:10 day of MA.RCM , A.D. 20E-, before me, the undersigned, a Notary Public in and for said County, in
said State, personaily appeared Ross Wilbum and Marian K. Karr, to me personally known, who being by me duly swom, did say that
they are the Mayor and City Clerl<, respectively, of said municipal corporation executing the w~hin and foregoing instrument; that the
seal affixed thereto is the seal of said corporation. and t~~ ie instrument was signed and sealed on behalf of tlJ.e C9lpOration by
authority of its City Council, as contained in Resolution No, - I . adopted by the City Council on the J.<J day ~,
20 0'" and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily executed.
S...........M
Notary Public in and for Johnson County, lo~
N~8
I 3;(;) t
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City,IA 52240 (319)356-5246
RESOLUTION NO. 07-82
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES
FOR THE PROPERTY LOCATED AT 1713 WILSON STREET, IOWA CITY,
IOWA.
WHEREAS, on April 12, 2000, the owners executed two Mortgages with the City of Iowa
City; and
WHEREAS, the loans have been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
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 Liens for recordation, whereby the City does release the property
located at 1713 Wilson Street, Iowa City, Iowa from two Mortgages recorded April 16,
2001, Book 3052, Page 604 through Page 610, and Book 3052, Page 611 through Page
615, of the Johnson County Recorder's Office.
Passed and approved this
20th
C2:G. ~
MAYOR
,2007 .
-.l
ATTEST: ~ I!.~
CITY ERK
Approved by
~~.3-(-,c-C\t
City Attorney's Office
It was moved by Bailey and seconded by
Resolution be adopted, and upon roll call there were:
Vanderhoef
the
AYES:
NAYS:
ABSENT:
x
Bailey
x Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E, Washington St., Iowa City, 1A'52240 (319)356-5246
Legal Description of Property: see below
Mortgago~s):Ryan Eckhoff and Melissa Ann Eckhoff
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the property located at 1713 Wilson Street, Iowa and
legally described as follows:
Lot 3, and beginning at the southwest corner of Lot 4, running in a northeasterly direction
along the southeasterly line of said Lot 3 to the northwest corner of said Lot 4, thence in a
southeasterly direction along the northeasterly line of said Lot 4 a distance of 14 feet,
thence in a southwesterly direction parallel to the westerly line of said Lot 4 to the
southwesterly line of said Lot 4, thence in a northwesterly direction to the point of beginning,
all in Block 2, in Morningside Addition to Iowa City, Iowa according to the plat thereof.
from an obligation of the owners, Ryan and Melissa Ann Eckhoff, to the City of Iowa City
represented by two Mortgages, recorded April 16, 2001, Book 3052, Page 604 through Page
610, and Book 3052, Page 611 through Page 615, of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
"PO" '0Ie I, Ih, ,,,",,, pro"rty by ~OO" ,I ~;d pri~ reoc;;::"t n L
U~
OR
ATTEST: ?:k~;J(. ~
CI LERK
Approved by ,
~~ ~ }-f'l-0)
City Attomey's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this .) " day of M,.ft..t:.i,J , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Ross Wilburn 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, 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~ ~'Poration by
authority of ns City Council, as contained in Resolution No. !tl=Badopted by the City Council on the ~ day ,,1'" Mo!!.tt:.ff" ,
20~ and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily executed.
~ i="".--b
Notary Public in and for Johnson County, Iowa
1V\~t
~
L.J2U
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington SI., Iowa City,IA (319)356-5139
RESOLUTION NO. 07-83
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE
COMPANY D/B/A JAVA HOUSE, FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, Moka Java LLC, as landlord, and Iowa City Coffee Company, d/b/a Java House, as
tenant, applied for a renewal of a temporary use of the public right-of-way at 211 Yz Washington
St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10-3-3; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public
right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-
Way (hereinafter 'license agreement"),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said license agreement, copy of which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 20th day of M~'=-C7
_~LJ J.Q~
, AYOR
ATTEST: ~~~"'AAJ.J cffI. ~
CI CLERK
-
Approved by:
~~
3-(~c~
City Attorney's Office
Resolution No.
Page ?
07-83
It was moved by Bailey and seconded by Vanderhoef
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
Bailey
x Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
IV~~ [ ;~z; J
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 07-84
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC D/B/A
QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, Moka Java LLC, as landlord, and Lusati, Inc, d/b/a Quinton's Bar & Deli, as tenant,
applied for a renewal of a temporary use of the public right-of-way at 215 Washington St., Iowa
City, Iowa for a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10-3-3; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public
right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-
Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said license agreement, copy of which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Pa"., ,," ."rn'" th;, lOch d., of """'"ZoO?
C Uj'Q~
MAYOR
-
ATTEST: 7J~;-'H.-J ~ ~
CI LERK
Approved by:
~~
3-la-o).
City Attorney's Office
Resolution No. 07-84
Page 2
It was moved by Bailey and seconded by. Vanderhoef
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
Bailey
x Champion
Correia.
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
X
x
x
;Vi +;<1
L;
r ~frno; J
Prepared by: Dave Panos, Snr Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415
RESOLUTION NO. 07-85
RESOLUTION ACCEPTING THE WORK FOR THE CAMP CARDINAL
ROAD EXTENSION PROJECT- 2005.
WHEREAS, the Engineering Division has recommended that the work for construction of
the Camp Cardinal Road Extension Project, as included in a contract between the City of
Coralville, Iowa and Streb Construction of Iowa City, Iowa, dated May 3rd , 2005, be
accepted; and
WHEREAS, the project has been completed in accordance with the approved plans and
specifications; and
WHEREAS, the City of Coralville has accepted the project by Resolution 2007-7 on
January 23rd, 2007.
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.
Passed and approved this 20th day of March , 2007.
G?}-~ (~ rJ1t..-
Mayor
-
ATTEST: &;..;~<-) -k" ~
City Clerk
Approved by:
~~
5/~/o ?
City Attorney's Office
Resolution No.
Page 2
07-85
It was moved by Bailey and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
X
X
X
X
Vanderhoef the Resolution be
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
N\J,.g
13fif
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.
07-86
RESOLUTiON ACCEPTING USE OF SECTiON 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY DELI MART #5
WHEREAS, on January 22,2007, an employee of Deli Mart #5 violated Section 453A.2(1) of the Code of
Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor; and
WHEREAS, at the time of this violation Deli Mart #5 held a retail cigarette permit and was located at 206
E. Benton Street, Iowa City; and
WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail
cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1); and
WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the
retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to
be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a
penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid
certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5
at the time of the violation; and .
WHEREAS, Deli Mart #5 has provided written documentation that the employee who violated Section
453A.2(1) held a valid certificate of completion of the tobacco compliance employee training program
pursuant to section 453A.5 at the time of the violation; and
WHEREAS, Deli Mart #5 wishes to assert the affIrmative defense set out in Section 453A.22(3) in order to
avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an Acknowledgment
of Use of Section 453A.22(3) AffIrmative Defense to Tobacco Civil Penalty; and
WHEREAS, a retailer may assert the affIrmative defenses set out in Section 453A.22(3) only once in a
four-year period for a violation of Section 453A.2 that takes place at the same place of business location
and if an employee of Deli Mart #5 again violates Section 453A.2(1) within a four-year period, Deli Mart
#5 will be subject to a civil penalty as provided by Section 453A.22(2), after proper notice and opportunity
for hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF lOW A CITY CITY COUNCIL that the City
Council should accept Deli Mart #5's use of a Section 453A.22(3) affrrmative defense and should accept
Deli Mart #5's signed Acknowledgment of the same.
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: March 20, 2007
C2LJ1L-
Mayor, City ofIowa City
ATTEST: )/~~"'--J:K. ~~
City Ie, City ofIowa City
Resolution No.
Page ?
07-86
It was moved by Bailey and seconded by Vanderhoef
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
Bailey
x Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
~----~_.~-- _.._.__._,..._.,.__._-,._._----~---,_._---~--_._,_._._.-._-_.._._---_..__._,-----_.._--_._.__._-.~.__._._.,_.~,.__.~_.._.-.-._- - ---.----.--..-------.-..
Mlzj 0 -20-07
3f 10
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 07-87
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM JOHN'S GROCERY
WHEREAS, on January 27,2007, an employee of John's Grocery, 401 E. Market Street,
Iowa City, violated Iowa Code ~ 453A.2(1) by selling or providing tobacco to a minor;
and
WHEREAS, at the time of the violation, John's Grocery was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code ~ 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 ~ 453A.2(1), after a hearing and proper notice; and
WHEREAS, on March 9, 2007, John's Grocery waived its right to the hearing required
by Iowa Code ~ 453A.22(2) and accepted responsibility for its employee's violation of
Iowa Code ~ 453A.2(I), by paying a $300.00 civil penalty to the City Clerk of the City of
Iowa City; and
WHEREAS, the violation underlying the above civil penalty is the first such violation.
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 of John's Grocery.
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: March 20. 7007
~(~~
Mayor, City of Iowa City
..............--
ATTEST: 7J~ Jf ~
City erk, City ofIowa City
Resolution No.
Page 2
07-87
It was moved by Bailey and seconded by Vanderhoef
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
Bailey
x Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
r ~f(1-17)J
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
(V\j't
RESOLUTION NO.
n7-RR
RESOLUTION ACCEPTING CNIL PENALTY AND WANER OF RIGHT TO
HEARING FROM HARTIG DRUG COMPANY D/B/A HARTIG DRUG STORE
WHEREAS, on January 22,2007, an employee of Hartig Drug Store, 701 Mormon Trek Blvd,
Iowa City, violated Iowa Code ~ 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time ofthis violation Hartig Drug Store was operating under a retail cigarette
permit issued by the City ofIowa City; and
WHEREAS, there were two prior violations of Section 453A.2( I) by this business's employees
or agents within a three-year period; and
WHEREAS, pursuant to Iowa Code ~ 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 ~ 453A.2(1), 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 ~ 453A.2(1) 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 ~ 453A.2(1) within a three-year period, all after a hearing and proper notice; and
WHEREAS, on or about March 12, 2007, Hartig Drug Store waived its right to the hearing
required by Iowa Code ~ 453A.22(2) and accepted responsibility for its employee's violation of
Iowa Code ~ 453A.2(1), 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 of a thirty (30) day
suspension; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF lOW A 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 of Hartig Drug Store.
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: March 20. 2007
~LJA
Mayor, City of Iowa City
--...
ATTEST: 7?!!tt:"~ II. rk~
City erk, City of Iowa City
Resolution No. 07-88
Page 2
It was moved by Bailey and seconded by V.anderhoef
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
Bailey
x Champion
Correia
Elliott.
O'Donnell
Vanderhoef
Wilburn
x
X
X
X
X
MtJ
~
~
Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
RESOLUTION NO.
07-89
RESOLUTION AMENDING THE COMPREHENSIVE PLAN, SOUTH CENTRAL
DISTRICT PLAN, TO OUTLINE COMMERCIAL DEVELOPMENT SCENARIOS
FOR RUPPERT ROAD.
WHEREAS, property located on Ruppert Road to the north of the Iowa City Municipal Airport,
known as Aviation Commerce Park, had been identified as appropriate for retail/community
commercial development in the South Central District Plan (resolution 05-185); and
WHEREAS, depending on future street access and visibility to this area, either retail or intensive
commercial development may be appropriate; and
WHEREAS, the Planning and Zoning Commission has reviewed the land use scenario and has
recommended that the South Central District Plan include scenarios for either community
commercial or intensive commercial development on Ruppert Road, depending on street access
and visibility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The discussion of commercial development on page 24 of the South Central District Plan
is hereby amended to read as follows:
Commercial. Land available in the western reaches of this subarea with fairly
direct access to Highway 1 and near Highway 218 provides opportunities for
large lot development. These large properties would be suitable for intensive
commercial uses with extensive outdoor storage needs. Entranceway
aesthetics need to be considered as these intensive commercial properties
develop and redevelop.
The City has developed Aviation Commerce Park North on land that is no
longer needed for the Municipal Airport. The property has street access from
Ruppert Road with Highway 1 to the north and Riverside Drive to the east.
Much of Aviation Commerce Park North is not visible from Highway 1 and
therefore commercial land uses that do not require high visibility are
appropriate. The western part of Aviation Commerce Park North is adjacent to
Westport Plaza, an existing retail center. There may be the possibility of
improving street access and visibility of the western part of Ruppert Road to
allow commercial uses, such as retail, that rely on street visibility. In absence of
improved visibility and access, commercial uses that do not require high
visibility would be an appropriate alternative.
2. The Future Land Use Scenario map is hereby amended to indicate Intensive Commercial
on portions of Ruppert Road west of Riverside Drive.
Resolution No. 07-89
Page 2
Passed and approved this 20th
day of March .20..llL.-.
MA~ (j Jt.-
ATTEST: ~U--',.J c/(. c~
CIT LERK
It was moved by 0' Donnell and seconded by
adopted. and upon roll call there were:
AYES:
NAYS:
x
x
1(
x
x
x
wpdatalscdistricl-commerclal.DOC
Bailey
the Resolution be
ABSENT:
Bailey
x Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
M~6
~
Prepared by: Sunil Terdafkar, PCD, 410 E. Washington St., Iowa City, fA 52240; 319-356-5243 (SUB07-00001)
RESOLUTION NO. 07-90
RESOLUTION APPROVING THE PRELIMINARY PLAT OF
MOUNT PROSPECT ADDITION, PART IX, IOWA CITY, IOWA.
WHEREAS, the owners, Todd and Debra Hahn, filed with the City Clerk, an application for
approval of the preliminary plat of Mount Prospect Addition, Part IX, Iowa City, Iowa; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of Mount Prospect Addition, Part IX, Iowa City, Iowa, is hereby
approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this 20th
day of 2:~h '007
(, (~ ) ~~ ~~
MAYOR
ATTEST: ~~ ~ rJ::'~
CITY LERK
Approved by ~
~~ce
~~t!)/
It was moved by Vanderhoef and seconded by
adopted, and upon roll call there were:
Correia
the Resolution be
AYES:
NAYS:
ABSENT:
x
Bailey
x Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
pcd\Staff Reports\RES\prelim-ressub07 -00001 mtprospect part ix
To: Planning & Zoning Commission
Item: SUB07-00001
Mount Prospect Addition, Part IX
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:
SPECIAL INFORMATION:
Public Utilities:
Public Services:
fiI 5/ ~
STAFF REPORT
Prepared by: Sunil Terdalkar
Date: March 1, 2007
Todd and Debra Hahn
P. O. Box 266
Riverside, IA 52327
(319) 648-4246
J. Scott Ritter
Hart-Frederick Consultants, P.C.
510 East State Street, P. O. Box 560
Tiffin, IA 523340-0560
(319) 545-7215
Subdivision Preliminary Plat
Development of a 16-lot residential subdivision
South of Lakeside Drive
Approximately 5.21 acres
Undeveloped, Residential- RS"5
North: Residential - RS-5
South: Park - P (Sycamore Greenway)
East: Residential - RS-5
West: Residential - RS-5
Institutional
Grant Wood (S2)
February 8, 2007
March 26, 2007
Water and Sanitary Sewer service are available to
serve the property and can be extended from
neighboring subdivisions.
The City will provide Police and Fire protection, and
refuse and recycling collection services. Transit
routes Eastside Loop and Lakeside serve this area"
2
refuse and recycling collection services. Transit
routes Eastside Loop and Lakeside serve this area,
with the nearest bus stop located approximately
two blocks east, at the intersection of Lakeside
Drive and Miami Drive.
BACKGROUND INFORMATION:
The applicant, Todd and Debra Hahn, are requesting approval for a 16-lot, single-family
residential subdivision with two outlots, on approximately 5.21 acres of land located south of
Lakeside Drive, west of Amber Lane, and east of Stanwick Drive and Gable Street. This property
was part of the previous phase (Part VIII) of the overall development of Mount Prospect Addition.
It was set aside for religious institutional use, but as the plans to build the church have been
abandoned, the land is proposed to be developed as a residential subdivision:
ANALYSIS:
Compliance with Comprehensive Plan, Zoning and Subdivision Code:
The land is part of the Sycamore East Area Neighborhood of the South Planning District. Based
on the neighborhood planning principles noted in the Comprehensive Plan, South District Plan
outlines Neighborhood Planning Principles, which focus on "... creating a sense of community
by ensuring that neighborhoods are designed to be accessible, compact, al]d pedestrian
oriented... ". The plan emphasizes the importance of preserving the natural features,
pedestrian/bicyclist connections, neighborhood parks, open spaces and diverse housing. The
plan calls for green open spaces between development and such sensitive features, treating
such features as amenities, providing public access to the preserved natural features;
incorporating green elements such as small neighborhood greens, planting medians,
landscaping along streets; and providing single-loaded streets to open up scenic vistas.
As mentioned above the land for the proposed subdivision was set aside for a church. In
February 1997, the previous owner of the property was granted a special exception to permit a
religious institution on the land zoned for residential use. Based on this fact, the South District
Plan (adopted in December 1997) identifies this area as suitable for institutional use. The plan
to build the church has since changed, the special exception has expired and the current
property owners are proposing residential development.
The proposed development of a low-density single-family residential subdivision is consistent
with the existing zoning for this area-RS-5-and with the land uses on the surrounding
properties-single-family residential. The proposed lot sizes meet the zoning standards for
minimum lot size of 8,000 square feet and minimum lot frontage of 60 feet. The lot areas range
from approximately 8,660 square feet to 14,291 square feet. In staff's view, this is consistent with
the Comprehensive Plan vision and compatible with the zoning and development pattern of the
land adjacent to this property.
Outlot B (approximately 0.27 acres) extends along the eastern boundary of the subdivision and
contains a portion of the existing Sycamore Greenway Trail. Outlot A (approximately 1,200
square feet) is a narrow strip of extra land adjacent to the proposed street right-of-way for Aniston
Street where it intersects with Lakeside Drive. The applicant is proposing to dedicate both outlots
to the City.
Environmentally Sensitive Areas:
The property is generally flat, but contains an area with fully hydric soils. If fully hydric soils exist
pcdlstaff report\sub07 _OOOO1_mtprospecl
3
on a property where development activity is proposed, the Code requires that the Sensitive
Areas Development Plan include a report from a wetland specialist to verify whether wetlands
exist on the site. At the time of the approval for Mount Prospect Addition Part VIII, the applicant
submitted a wetland determination report, which identifies approximately 0.1-acre wetland along
the east property line. A portion of this area is now part of the Sycamore Greenway trail. Given
its small size, this area was determined not be a jurisdictional wetland and therefore is not
regulated by the Sensitive Areas Ordinance. As required by the Sensitive Areas Ordinance, a
drainable base and tiles are being provided for the portion of Aniston Street that is located over
the hydric soils.
Neighborhood parkland:
At the time of the approval for Mount Prospect Addition Part VIII, it was agreed upon that the
land dedication toward the Neighborhood Open Space or the fees in lieu of is to be paid prior to
the issuance of a building permit for the subdivision, or land may be dedicated when the
property under consideration would be developed. Based on the Neighborhood Open Space
Ordinance, the dedication requirement is approximately 0.2 acres of land. As mentioned above,
the applicant is proposing to dedicate Outlot B, containing approximately 0.27 acres. Outlot B
provides a trail connection from Lakeside Drive to the Sycamore Greenway Trail. This fulfills the
open space dedication requirement. .
Traffic implications:
Aniston Street via Lakeside Drive will serve the proposed subdivision. Aniston Street is a cul-de-
sac street (centerline length-approximately 665 feet) and provides access to all the lots from
Lakeside Drive. The proposed subdivision, with its 16 lots, will generate approximately 112 vehicle
trips per day. The preliminary plat shows a four-foot sidewalk on both sides of the street. The plat
also shows a sidewalk easement between lot 9 and lot 10 that will connect the sidewalks to the
existing trail-way.
Storm water management:
Currently, the stormwater from adjoining subdivisions drains into a drainage ditch on the
property. The plat shows stormwater infrastructure that extends the existing infrastructure such
that the stormwater from the adjoining and proposed subdivision will be conveyed to the
Sycamore Regional Stormwater system.
Infrastructure fees:
The sanitary sewer tap-on fee, water main extension fee and regional stormwater management
facility were paid at the time of approval of Mount Prospect Addition Part VIII.
STAFF RECOMMENDATION:
Staff recommends that this application be deferred until the deficiencies and discrepancies
noted below are resolved.
Upon the resolution of the deficiencies and discrepancies, staff recommends approval SUB07-
00001, a preliminary plat and sensitive areas development plan for Mount Prospect Addition,
Part IX, a 16-lot, approximately 5.21-acre residential subdivision locate south of Lakeside Drive,
west of Amber Lane.
DEFICIENCIES AND DISCREPANCIES:
1) Show a 5 feet wide sidewalk between Lot 9 and Lot 10
2) Revise the cul-de-sac median and adjacent manhole location, as necessary
pcd\staff report\sub07 _OO001_mtprospect
4
3) Label outlot uses and accurate areas
4) Accurately identify and label the area with hydric soils
5) Accurately label the right-of-way line, setback line, and update the legends accordingly
6) Other minor corrections as noted by the City Engineer
ATTACHMENTS:
1 . Location Map
2. Preliminary plat
Approved by: ~fr1.
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Petition to stop the construction of extended Gable Street.
I believe that this residential area should not be constructed. There are several
reasons why.
First of all, if this residential area is constructed, a lot of the wildlife will
disappear. If this area is constructed, there will not be many beautiful fields left in the
area. Many people living on Stanwyck Drive have property lines that extend into the area
to be constructed. Also, many people living on Stanwyck drive have gardens in the area
to be constructed. If extended Gable Street is not constructed, the field and ditch will
remain one of the few green areas left in Iowa City.
Second, there may be vandalism or other crimes committed if the area is
constructed. If college students move into the houses, there may be wild parties and loud
shouting matches in the middle of the night. People living on Stanwyck Drive and
Amber Lane will be incredibly annoyed and agitated due to lack of sleep. If dog owners
living on Stanwyck Drive or Amber Lane let their dogs outside in a fenced yard, even if
they put a "BEWARE OF DOG" sign that is perfectly visible on the fence, a small child
or a young adult that is just playing around may try to pet the dog. If the dog playfully
nips or scratches Ute offender, or if the dog is a guard/watch dog, it may attack the
offender, the dog owner will be sued even if the "BEWARE OF DOG" sign is clearly
visible. If dog owners let their dog out at night and leave the dog unsupervised, someone
could steal the dog, and then just run to the backdoor of their house that is just feet away.
Third, if there is a street in between Stanwyck Drive and Amber Lane, there will
be privacy issues. If young adults or people of any age are playing around at night, dogs
will bark and the people who are playing around may shout or scream. People living in
Amber Lane and Stanwyck Drive will be agitated by the noise. Residents of Stanwyck
Drive and Amber Lane will want to get privacy fences to prevent peeping toms and other
nuisances. Instead of the latch of mesh fences, residents of Stanwyck Drive and Amber
Lane will want padlocks or chains to prevent stealing. The money used to buy the fences
and lock could be used on necessities. Sense the construction of the new street caused
workers to bulldoze all the trees separating Stanwyck Drive and Amber Lane, the
streetlights of extended Gable Street will shine into the back windows of houses on
Amber Lane and Stanwyck Drive. The light will irritate residents of the two streets.
During the construction of extended Gable Street, construction lights will be put up. At
night, the lights will shine into windows of houses on Amber Lane and Stanwyck Drive
and irritate the residents as well.
Fourth, animals will be killed. When the construction workers start up the
bulldozer to take out the ditch, birds will flyaway, but all of the rodents, raccoons, and
other small animals will run to their burrows. Unbeknown to the animals, their burrows
are the least safe place at the time. When the bulldozer bulldozes the ditch, it will
bulldoze the burrows of the animals as well. If the animals are not already killed by the
bulldozer, they will be trapped in their burrows. When the construction workers lay the
cement for the street, the animals will die. If you had to pay for coffins and proper
funerals for all of the animals killed for the making of this street, you would not have
enough money to continue the project.
Fifth, many people will be enraged at the destruction of the field and ditch. Many
people have lived by this ditch and field for a great portion of their lives. They know that
it is a place of beauty and know also that nothing bad has come of it. People from
anywhere like to walk on the bike trail that also separates Amber Lane and Stanwyck
Drive and look at the pretty scenery. But, with the recent construction of apartments near
a hill that the trail runs over and the constructions of Gable Street, there aren't many
beautiful places left. But, if construction continues, in about a year, if someone where to
walk down the trail, it would be like a trail through a city. Streets and houses would be
everywhere. No one will want to walk down the trail any more.
To summarize, if extended Gable Street is constructed, wildlife will disappear.
If a new street is constructed between Stanwyck Drive and Amber Lane, crimes may be
committed. If extended Gable Street is constructed, residents of both Amber Lane and
Stanwyck Drive will want more privacy. To construct this street many animals and a
huge number of trees will be killed. And, many people will be enraged about the
construction.
This is a petition to stop the construction of extended Gable Street. The people
who have signed below do not want this construction to take place.
1. If this residential area is constructed, a lot of the wildlife will disappear.
2. There may be vandalism or other crimes committed if the area is constructed.
3. If there is a street in between Stanwyck Drive and Amber Lane, there will be
privacy issues.
4. Animals will be killed.
5. Many people will be enraged at the destruction of the field and ditch.
ADDRESS
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Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington St., Iowa City, IA 52240
(319) 356-5230 (SUB06-00021)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF FIRST AMERICAN BANK ADDITION,
A RESUBDIVISION OF LOT 2 OF RUPPERT HILLS, IOWA CITY, IOWA.
WHEREAS, the owner, First American Bank, filed with the City Clerk the final plat of First American
Bank Addition, a resubdivision of Lot 2 of Ruppert Hills, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Lot 2, Ruppert Hills, Iowa City, Iowa, as recorded in Book 46, at Page 47, in the Johnson County Recorder's
Office. Said Lot 2 contains 3.38 acres, and is 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
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2005) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
lOW A, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Resolution No.
Page 2
Passed and approved this
day of
,20_.
MAYOR
ATTEST:
CITY CLERK
Approved by
Ik /J -z:
61 t!:to:
/1~1r::>7
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
ppdadrrin\reslfirstamerican bank.doc
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Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 07-91
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM GASBY'S
WHEREAS, on January 22,2007, an employee of Gasby's, 1310 South Gilbert Street,
Iowa City, violated Iowa Code S 453A.2(l) by selling or providing tobacco to a minor;
and
WHEREAS, at the time of the violation, Gasby's was operating under a retail cigarette
permit issued by the City of Iowa City; 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 March 19, 2007, Gasby's 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 by
one of Gasby's employees within a two-year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF lOW A CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $300.00 civil penalty on behalf of Gasby's.
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: March 20, 2007
~(~~
Mayor, City ofIowa City
ATTEST: ~..J iI. ~
City rk, City ofIowa City
Resolution No.
Page 2
07-91
It was moved by O'Donnell and seconded by Vanderhoef
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
x Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
x
-- - -- -"'--------~-~._---"--",.._,~...._._------~._.__._---_._---_._,-,._._--.-_.__.~.." --
WJ
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, JA 52244, 319.339.6100
RESOLUTION NO.
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAIN
WHEREAS, on January 22, 2007, an employee of Gasby's, 1310 Sout Gilbert Street, Iowa City,
violated Iowa Code 9 453A.2(1) by selling or providing tobacco to inor; and
WHEREAS,
issued by the
the time of this violation Gasby's was operatin
ofIowa City; and
der a retail cigarette permit
,,/
WHEREAS, pursu t to Iowa Code 9 453A.22(2), an e~blishment which holds a retail cigarette
permit shall be subje ed to a civil penalty of $300.00 ~s a result of its employee violating Iowa
Code 9 453A.2(1), afte a hearing and proper notice/and
..
WHEREAS, a hearing wa eld on this date by)he City Council to determine whether to assess
the civil penalty against Gas's and at said h~ing the City Council heard the facts of the
violation and the arguments 0 e permitee,lf any; and
WHEREAS, this violation is the 1 t su"li violation of an employee of Gasby's within a two year
period to be considered by the City o)incil under Iowa Code 9 453A.22(2).
NOW, THEREFORE, BE IT RESO.LV BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice ,dJd hea . g, and pursuant to Iowa Code 9 453A.22(2) hereby
imposes a civil penalty in the an0unt of$3 .00 against Gasby's.
BE IT FURTHER RESOL YEp, that said retail . garette permitee has twenty (20) days from the
date of this Resolution to pay'the civil penalty in 11, and if the civil penalty is not timely paid
the retail cigarette permit hild by the permitee shall utomatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil pe Ity.
/
BE IT FURTHER RES,OL VED, that the City Clerk will ard a copy of this Resolution to the
Johnson County Attor,iiey's Office, which will then provide copy of the same to the retail
cigarette permit holgtr via regular mail sent to the permit hol r's place of business as it appears
on the application f6r a retail cigarette permit.
/
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,
PASSED AND pJ,PROVED:
I
\
\
ATTEST: \
City Clerk, City ofIowa "city
\
Mayor, CilY;iofIowa City
f~-1l
C!:1
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 07-92
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST THE
CONVENIENCE STORE
WHEREAS, on January 22,2007, an employee of The Convenience Store, 114 1/2 East College
Street, Iowa City, violated Iowa Code ~ 453A.2(l) by selling or providing tobacco to a minor;
and
WHEREAS, at the time of this violation The Convenience Store was operating under a retail
cigarette permit issued by the City ofIowa City; and
WHEREAS, pursuant to Iowa Code ~ 453A.22(2), an establishment which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa
Code ~ 453A.2(1), after a hearing and proper notice; and
WHEREAS, a bearing was held on this date by the City Council to determine whether to assess
the civil penalty against The Convenience Store and at said hearing the City Council heard the
facts of the violation and the arguments of the permitee, if any; and
WHEREAS, this violation is the first such violation of an employee of The Convenience Store
within a two year period to be considered by the City Council under Iowa Code ~ 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF lOW A CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code ~ 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against The Convenience Store.
BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permitee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
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: March 20, 2007
~LJ~
Mayor, City of Iowa City
ATTEST: /Jtll~ .j('. ~
City Cferk, City ofIowa City
Resolution No.
Page 2
07-92
It was moved by Vanderhoef and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
1(
x
_lL _
x
...._._...._--_._~.,-_._~_.__.__._--~._-~-'_.....-
Correia
the Resolution be
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
r--- C" RTIFI CA TE
\ If'del'n2- 3~~~~L, Clerk of the District
\1.. .....-_.",,-- -~ i I a in and for Johnson
c;r'l,d of ','1~1 ".til,e 0 ~':! tM.:H this is a true and
Ll'.:' '~, ~J nt'1 ;,bYf ~~'Lbriginal Instrument{s)
i:lllT1;W:'.',c O?P, 0 e
:1~e,1 :n thiS l ages
o . t' P .
\ 0:,' .~~ ::'~;'~MO~~ ~~EREOF, \ have hereunto
\ ", T co I ,.' ii' ed the 5e.1 of said.Court
::."t my t1<md and a I~ .,.;)iUIC.. day
,'I,my"~;~' low, thiS ;)00,
, o. LODEMA BERKLEY
, ler'.{ f 01st . urt
o T -C/W
o OC ~-C&R
COMPLAINT
IOWA UNIFORM err A TION AND COMPLAINT
IOWA CITY POLICE DEPARTMENT
'7 _ ""3 S51
No. S~ itlC
"l2RES 0 NON-RES ~l\
o HIS ~ON-HIS .~
ARMED 0 YES~O
PLAINTIFF:
~Stats.Jl!-'~OV;;
o County of:
o City of:
In the Co~t
;Jl1 O?,NC#
JOHNSON
IOWA CITY
N2 1690651
6"vY'c e,. Yn::, ~e 2.J,/':'~ f'~
Defendant, Last ~ I First (/ Middle
Address /) /) );-:-. p..-r )::.~ h" ;;r:;.
City -;::> <<--4 ?;' iy - State-:r-,.; Zip 5;>"'1'0
SS/@ r;../,;;',d5S.,g ~;=-) State-:rt-Co.#
DL Class 0 DL End .~ DL Rest.
DOB I::> /)<1- / 9> Race /.v Sex i11 Ht. (,iv
The undersigned states that on or about (Ii I ~.;11..> 7 at 7 ~ '3.t;
defendant did unlawfully: Mo. Day Yr.
Operate Motor Vehicle/Boat (describe) r-:~
CMV DYes ONo HazMatPJac.Req. DYes ONo USDofii'.
,I' .
Reg. # ) State.: '/ '- ~ '::--r--'Ce.
II ~ " ../: c.. 1I --, -r!:' 'O' ' .
Upon a public highway at . 7 /", r~. ~:.~f.~ A"'~L~;'~M"'t""~~~"!.
Located in the county and state aforesaid and did then and t)i~Te comm~e f~wing offense:
o Traffic 0 Navigation 0 snowmobile/A~ ~prish-Garii; ~ks
:"-,,, CJ
$ I d.' --
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NAME:
Wt.y""~
DAM ,jijPM
Surcharge
~ Scheduled V io/Fine
$
)vJ-~
Do
Court Costs
$
Not
Total Fine/Costs
~
Write
Violation
Speed
DATA CODE
In
I certify under penalty of perjury and pursuant to
preceding is true and correct.
Dated(\) l:i() I,) 7
Mo. Day Yr.
This
Space
Court Date: If you must appear in court or if you choose to appear to answer a charge
which does not require an ap~arance, report to the above named court on:
/ / ,,,""" at f-c ,::> ~AM OPM
Mo. Da Yr.
NOTICE: Providing false information is a violation of Section 719.3 of the Code of
Iowa and is punishable as an aggravated misdemeanor.
ii
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My signature below is not a plea of guilty, but acknowledges all of the following:
1. I hereby swear and affirm lhat lhe information provided by me on this citation is true under penalty
of providing false information.
2. I promise to appear in said court at said time and place, or I will comply with the provision on the
top of the reverse side of the citation. ".
The following applies to simple misdemeanors only: -~.., l..J. '( ~> >
3. I hereby give my unsecured appearance bond in the amount of ..!Z...L.iL- dollars and enter my written
appearance. I agree that if I fail to appear in person or by counsel to defend against tbe offense charged
in this citation, the court is authorized to enter a conviction and render judgment against me for tbe
amount of my appearance bond in satisfaction of lhe penalty and surcharge plus COli~t costs.
*,~ tl/~~d:'
I
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1..
.IMPORTANT
jt., ;-, ';;mnjC illl :dernc" 'or \'-hcn
;1 perc.:on wl1(~ wll1full)' \n
In;]) iX~ SU!;je:,,:1 to ,Jl"('''l cmd/c\l
non-resident's ilOme . state.
[ht, [)<'-';on cited has <"l1hrnff'l'~::<:1 :'btmd.
(01([ as spccifiC'd r,y the ci'1;ii~un
d;; ,>'iug priv.il::'~~~, in 1,}\\ J or a
,
It lil,,; rC\'l'f-.;C (:.rlhj~;;;,itation 'don not slv')w-/It~{l;jn 'appem'3n~.::t. required"
>rn: Ill;))' l:1J!t'r tl plea of ~'\i1!y ,,'/ithout ;:1 (:OUl1 ilppgarance prior lO lilt'
dl'-:;;gn;H.;1;lppeJr~HlCC da\G by ddivt:.'.ry if) p,,;["son, or by agell', or by maiL
l~"lbt_~~c:ill1...;'i1l~(:l.li~:rt In. [he :llati(JTL a cop\' or the- citation c()fllpletcd bdO\\.'.
and..,-.u dl~ck in _lh~: (1.I:1i.;UJll:::)j~ Ihe scht:dulcd f:i.n,\:?'_ surch{;u~:e., (ullJ~,l)Urt CO$t~;
as :-hmvl1 on Ih(: cJtatJOn.tl1..c.cks should be oavable to< the CLERK'OF TH.t
12!STRICT COURT in !hc cbumv namcd~ Ii' -thechcck- is not 'paid 11Y the
du\vec for ',U1yreasoil, you may Lx held m contempt of courL
rOIVA CODE "lrtc1ION 911.2- SURCHARd - When a court !mpO'''s "
fine (II r(l1.f~lldrc for i..( viOlaiiull d( U sl.utc b\\-'....ur of a dtYI'Qj'nnmtY' (jnlllUmce
~XC~pl an orJ;H;ll1CercguL-:Hlng__th~' p;lrking as'r-wotor, adcs, 'PU{8UUUl to
10\\;;1 Code.. Se"::_lic:n 911.':'" the court, \viJ,J j;~ a suy;'narge eqn<:ll ,to"n
pu'centage of tht~,finc or r\lr;'~'ltur~' imJlo,"~,_ OOJg"cvcnlrtfllH~Jttple,\)tTem,es.
tht~ surcharge ,,:,ball be ,ba:::;cd .upon. the, ipt<iF;liW.lll,~t oPline~r fOrf~itur(,'s
~nlpO~t:J for all nnens~,s> \Vhcn a fmc.~lr J\\~i~:e i:;; s~en<k:lJ.!in whDle \~H'
111 pari. the surcharge shall bt~ reduced m pf(~)e;ttm to lflt1all1lniii~ ,suspended.
The surcharr\~ is subject'leY' the, provision&=-1'!fSChaPtc:bo9,O.90!h~r{~'rning the
p<tyrnent and collection of dnes,aspl'(Wld~ ~ ScctioT;l:l)09,~
APPEARANCE PLE~~' GUgTY
CJ
tvb!l to: Johnson Co. Clerk of Comt!;j.] 7 S. Clinton St..! i.:w"<l City, lA 52.?.:)n
L Hl~~ unders,igncd" do hereby enter my appearance on the complaint of the
offense dlargl'd onthl;': ythi:t' side uf this (;iratioll, [ bave heen informc,d of
lIlY right to ,(trial, th,.!! my_,signmure-'lo,lhis plea Ill' guilty will huvc the same
force Jnd dIeci ~IS J judgment of court ~Uld this reconJ wiHbe sent to the
Depar1Jncnt of TranspUliationin thissw.tc tOt: of t.hestttte of my resiJt:'ncG).
I, ~lo hereby PLEAD GUILTY to said offense a~; charged and agree to ~ht~
penalty pr(~ for mv offense.
~-~"=:~"~-
Z- I ('7 I 0(
Mo. D;'JL",~" ,Y f-=--_-=
iF YOU ARER ~Ql!l~~;n,T9 I:OST BAlL TO OBTAIN R!':LEASE
A, If YOll desire t() enter ({ pica of guilty, the officc:r may rcleuse you from
ctlS/Oel)' lIP(H\;9bserving ,you mail the ciwtlon,adrnission oLguilt, and,
mimmum, fin~; sOfchargc--. "\\'ilh' cou11 costs too, ;:t!:tl'affic violations office
in an envelope.. furnisht;d by the officet.
g. l(yc)U chooi':>e to plcot.[NOT GUILTY,_ the ol11cer Il1a:y,'n~lC'a::>e you from
custody by observing-you nwit,the (:itation_ and onc' and one..half times
the mininulm fine_ smc;'harf!c. ,\.,ith court CO:-its. or in lieu of one and
olle-half times the fine and" cnsts;a guaranteed arrest b~)Ild certificate
together 'whh 'signhlg" the nJHuwing st<ltC'ment.
"T agree thaI either (I) I \I.,'i11 Jppear pursUiHlt t'o thisyitatiol)' 0[,(2) itl '~o
not so appear, the amount deposited ..\'ill btj fodeiled;"
x
Signature of Dt:l'~ndallt
Court costs arc rtquired for sdH~dlJled violations in Section 602.81U6 if'
iU1 appt'aram'(' is not f'ttjuircd and Scttion 805.6 if a (',ourt appt:anmn'
is required.
.
~ -a, F:3 C1rJ
Prepared by: Dave Panos, Snr Civil Engineer. 410 E. Washington St.,lowa City, IA 52240 (319) 356-5145
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION
FUNDING AGREEMENT FOR THE DUBUQUE STREET & CHURCH
STREET INTERSECTION IMPROVEMENTS PROJECT STP-U-
3715(632)--70-52.
WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa
Department of Transportation, said Agreement being attached to this Resolution and by
this reference made a part hereof; and
WHEREAS, the City Council deems it in the public interest to enter into said agreement
with the Iowa Department of Transportation for STP-U-3715(632)-70-52. for the
construction of Dubuque Street & Church Street Intersection Improvements Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. It is in the public interest to enter into the above-mentioned agreement, and the
agreement is hereby approved as to form and content.
2. The Mayor is authorized to sign and the City Clerk to attest the agreement in
duplicate between the City of Iowa City and the Iowa Department of Transportation.
3. The City Clerk shall furnish copies of said agreement to any citizen requesting same.
Passed and approved this
day of
,2006.
Mayor
ATTEST:
City Clerk
Approved by:
~ J~07
City Attorney's Office
January 2006
IOWA DEPARTMENT OF TRANSPORTATION
Federal-aid Agreement
for a Surface Transportation Program Project
Recipient: Iowa City
Project No.: STP-U-3715(632)-70-52
Iowa DOT Agreement No.: 6-07-STPU-05
This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the Recipient) and the Iowa
Department of Transportation (hereinafter referred to as the Department).. Iowa Code Sections 306A. 7 and 307.44
provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing
transportation improvement projects on streets and highways in Iowa with Federal funds.
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law
109-59, reestablished the Surface Transportation Program (STP), now codified at Section 133(b) otTitle 23, United
States Code (U.S.C.). This program makes Federal funds available for construction, reconstruction, rehabilitation,
resurfacing, restoration and operational or safety improvement projects on Federal-aid highways, bridges on any
public road, and several other types of projects, as specified in 23 U.S.C. 133(b). Federal-aid highways include all
Federal Functional Classifications, except for rural minor collectors or local roads. Federal regulations require STP
funds to be administered by the Department.
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to
provide STP funding to the Recipient for the authorized and approved costs for eligible items associated with the
project.
Under this agreement, the parties further agree as follows:
1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the appropriate contact person. The
Departmenfs contact person will be the District 6 Local Systems Engineer. The Recipient's contact person
shall be the City Engineer.
3. The Recipient shall be responsible for the development and completion of the following described STP
project:
Intersection improvements at the intersection of Dubuque Street and Church Street.
4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way
acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work
that is required for construction of the project.
5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from
STP funds. The portion of the project costs reimbursed by STP funds shall be limited to a maximum of either
80 percent of eligible costs or the amount stipulated in the Johnson County Council of Governments current
Transportation Improvement Program (TIP) and approved in the current Statewide Transportation
Improvement Program (STlP), whichever is less.
6. If the project described in Section 3. drops out of the Johnson County Council of Govemments current TIP or
the approved current STIP prior to obligation of Federal funds, and the Recipient fails to reprogram the project
in the appropriate TIP and STIP within 3 years, this agreement shall become null and void.
7. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this
agreement shall remain in effect.
8. It is the intent of both parties that no third party beneficiaries be created by this agreement.
STP Project Agreement
Page 2
9. This agreement shall be executed and delivered in two or more copies, each of which so executed and
delivered shall be deemed to be an original and shall constitute but one and the same agreement.
10. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the
Recipient concerning this project. Representations made before the signing of this agreement are not
binding, and neither party has relied upon conflicting representations in entering into this agreement. Any
change or alteration to the terms of this agreement shall be made in the form of an addendum to this
agreement. The addendum shall become effective only upon written approval of the Department and the
Recipient.
IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its
signature below.
City Signature Block (City Projects Only)
By
Date
,20
Mavor
Title of city official
I, , certify that I am the City Clerk of Iowa City, and
that , who signed said Agreement for and on behalf of the city was duly
authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the
day of , 20
Signed
Date
,20
City Clerk of Iowa City, Iowa
IOWA DEPARTMENT OF TRANSPORTATION
Highway Division
By
Date
,20
Kenneth A Vanna, P.E.
Local Systems Engineer
District 6
March 2005
EXHIBIT 1
Standard Provisions for Federal-Aid
Project Agreement
1. General Requirements.
a. Since this project is to be financed with local and Federal funds, the Recipient shall take the necessary
actions to comply with applicable State and Federal laws and regulations.
b. No person in the United States shall be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or disability in all
Federally funded programs and activities of the recipients, subrecipients, and contractors. The Department
will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federally funded projects.
c. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability
arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of
this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the
Departmenfs application review and approval process, plan and construction reviews, and funding
participation.
d. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration
pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10
days notice to the other party of their intent to seek arbitration. The written notice shall include a precise
statement of the dispute. The Department and the Recipient agree to be bound by the decision of the
appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion
of the provisions of this paragraph
e. The Office of Management and Budget (OMB) Circular A-133 requires the Recipient to report the Catalog of
Federal Domestic Assistance (CFDA) number and title on all Federally funded projects. The Recipient shall
use CFDA #20.205 and title, 'Highway Planning and Construction" for this project. The Recipient shall report
this information in the Schedule of Expenditures of Federal Awards that is required by OMB Circular A-133.
2. Federal Authorization.
a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation
(RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The
Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department,
includes the project in the Statewide Transportation Improvement Program (STlP). If the project is not
included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized.
b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall
contact the District Local Systems Engineer to obtain the procedures necessary to secure FHWA
authorization. The Recipient shall submit a written request for FHWA authorization to the Department. Upon
receipt, the Department will forward this request to the FHWA for authorization and obligation of Federal
funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work
performed prior to FHWA authorization, will not be reimbursed with Federal funds.
3. In-House Engineering Services.
a. If Federal funding is requested for in-house engineering services, the Recipient shall follow the procedure
outlined in Index NO.2 of the Project Development Information Packet. If the Recipient desires to claim
indirect costs under Federal awards, the Recipient shall prepare an indirect cost rate proposal and related
documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A-
87 - Cost Principles for State, Local, and Indian Tribal Govemments. Before incurring costs for in-house
engineering services, such an indirect cost rate proposal shall be certified by the FHWA or the Federal
agency providing the largest amount of Federal funds to the Recipient.
4. Consultant Services
a. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare
a contract for consultant services in accordance with Title 23, Code of Federal Regulations, Part 172 -
ExhiM1
Page 2
Administration of Negotiated Contracts (23 CFR 172). These regulations require a qualifications-based
selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in
Index No.1 of the Project Development Infonnation Packet.
b. If preliminary engineering is Federally funded, and if the "do nothing" alternate is not selected, and if right-of-
way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year
following the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the
Department an amount equal to the amount of Federal funds made available for such engineering.
5. Environmental Requirements and other Agreements or Permits.
a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA
requirements for project environmental studies including historicaVcultural reviews and location approval. The
Recipient shall complete any mitigation agreed upon in the FHWA approval document.
b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Recipient
shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to
the U.S. Natural Resources Conservation Service (NRCS).
c. The Recipient shall obtain agreements, as needed, from railroad and utility companies; and shall obtain
project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical
Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast
Guard, U.S. Army Corps of Engineers, the Department, etc.
d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal-aid
Highway Right of Way, and the Policy for Accommodating Utilities on Primary Road System when on State's
right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project
may be eligible for Federal funding reimbursement in accordance with the FHWA rules applicable to the type
of utility involved and Iowa Code Chapter 306A.
e. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed
$100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section
308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the
Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is
not listed on the Environmental Protection Agency (EPA) list of Violating Facilities or is under consideration
to be listed.
6. Right-of-Way.
a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall
provide relocation assistance benefits and payments in accordance with the procedures set forth in the
Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the
Department for assistance, as necessary, to ensure compliance with the required procedures, even if no
Federal funds are used for right-of-way activities. The Recipient shall obtain environmental concurrence
before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If
the Recipient requests Federal funding for right-of-way acquisition, the Recipient shall also obtain FHWA
authorization before purchasing any needed right-of-way.
b. If the project right-of-way is Federally funded and if the actual construction is not undertaken by the close of
the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient
shall repay the sum or sums of Federal funds in the right-of-way to the Department.
7. Letting the Project.
a. The project plans, specifications, and project cost estimate (PS&E) shall be prepared and certified by a
Professional Engineer licensed in the State of Iowa. The Recipient shall submit the plans, specifications, and
other contract documents to the Department for review and approval to let the project.
Exhibit 1
Page 3
b. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge
Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual .
construction items shall be approved by the Department.
c. The Recipient shall forward a Federal-aid Project Development Certification and final PS&E to the
Department. As a condition for the Department to let the project, the Recipient agrees that the Recipient has
the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or
less. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa
Code section 384.102.
d. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the
Department in accordance with its normal letting procedures. After bids are received and reviewed, the
Department will furnish the Recipient with a tabulation of responsive bids.
e. When let by the Department, the Department will prepare an Iowa DOT Staff Action for concurrence to award
the contract. The Department will mail three originals of the unexecuted contract to the Recipient.
f. The Recipient shall take action to award the contract or reject all bids. Following award of contract and
signature by the lowest responsive bidder, the Recipient shall forward to the Department two copies of the
fully executed contract, two copies of the performance bond, and two copies of the certificate of insurance.
8. Construction.
a. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to
the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 lAC Chapter 130. The
safety of the general public shall be assured through the use of proper protective measures and devices such
as fences, barricades, signs, flood lighting, and warning lights as necessary.
b. If Federal funding is requested for force account construction, the Recipient will follow the procedure outlined
by the Department.
c. The Recipient shall comply with the procedures and responsibilities for materials testing and construction
inspection according to Department's Instructional Memorandums (I.M.'s). The Department will bill the
Recipient for testing services according to its normal policy.
9. Payments.
a. The Recipient may submit to the Department periodic itemized claims for reimbursement for eligible project
costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement
is requested, have been completed in substantial compliance with the terms of this agreement.
b. The Department shall reimburse the Recipient for properly documented and certified claims for eligible project
costs, either by state warrant, or by crediting other accounts from which payment may have been initially
made. If, upon audits of contracts, the Department determines the Recipient is overpaid, the Recipient shall
reimburse the overpaid amount to the Department.
c. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total
funds collected shall include any Federal or State funds received, and any special assessments made by the
Recipient (exclusive of any associated interest or penalties), pursuant to Iowa Code Chapter 384 (cities) or
Chapter 311 (counties). The total project costs shall include all costs that can be directly attributed to the
project. In the event that the total funds collected by the Recipient does exceed the total project costs, the
Recipient shall either:
1) refund to the assessed property owners the excess special assessments collected (including interest and
penalties associated with the amount of the excess), or
2) refund to the Department all funds collected in excess of the total project costs (including interest and
penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In
return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate
State fund account in the amount of refunds received from the Recipient.
Exhibil1
Page 4
10. Project Close-out.
a. Upon completion of the project, a Professional Engineer licensed in the State of Iowa shall certify in writing to
the Department that the project was completed in substantial compliance with the plans and specifications set
out in this agreement. Final reimbursement of Federal funds shall be made only after the Department accepts
the project as complete.
b. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence
pertaining to costs incurred for the project. The Recipient shall also make these materials available at all
reasonable times during the construction period and for 3 years from the date of final Federal funding
reimbursement, for inspection by the Department, FHWA, or any authorized representatives of the Federal
Government. Copies of these materials shall be fumished by the Recipient if requested.
c. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable
to the Department and the FHWA.
:11=10
Marian Karr
From:
Sent:
To:
Subject:
Eric Gidal [eric-gidal@uiowa.edu]
Tuesday, March 20, 2007 12:57 PM
'City Council
Proposed Street Alterations to Church and Dubuque Street intersection
Importance:
High
To Members of City Council:
I have just been made aware of plans to widen Dubuque and Church streets in the area
around their intersection to accommodate turning vehicles. As a resident of the Northside
Neighborhood (328 Brown Street) I would like to express my strong opposition to such
plans.
Though I have not seen the actual plans, I have witnessed the deleterious effect of such
street expansions in residential areas around Iowa City, most particularly and recently in
the section of North Dodge street immediately north of the fusion of Dodge and Governor.
The inevitable effects of such expansions include an increase in traffic and a
considerable deterioration of the residential aesthetics of the area. While Church Street
offers a useful connection from Dubuque to Dodge and Governor, Jefferson and Market should
remain the primary routes towards
the eastern residential sections of the city. And carving into the
pedestrian area of Dubuque near this intersection will only further contribute to the
deterioration of what is already an endangered residential area.
I am angry that there has not been extensive notification to residents of the area of
these plans and urge you to solicit extensive residential input before considering a
street alteration with such potentially negative consequences.
Yours sincerely,
Eric Gidal
328 Brown St.
This correspondence will become a public record.
Eric Gidal
Associate Professor
Department of English
308 English-Philosophy Bldg.
University of Iowa
Iowa City, Iowa 52242
1
4f (0
Marian Kar'r
From:
Sent:
To:
Subject:
cakletzing@mchsLcom
Tuesday, March 20, 2007 1:43 PM
cou ncil@iowa-city.org.
Church and Dubuque changes
Dear City Council Members:
As a homewner on Northside (707 N. Dodge), I am writing to express my concern about
possible changes to the intersection of Church and Dubuque Streets. While I understand
that traffic is heavy at this intersection, it is important that we not end up in a
situation in which traffic is made heavier on Church Street; Dubuque is an arterial
street, but I would be loathe to see Church become one.
As I understand it, there is a proposal to put left-hand turn lanes on all four parts of
the intersection. I am against this. In particular, I oppose any changes to Church
Street. If turn lanes are added to Church, it will enable still greater traffic volume on
this street which already has too much traffic. If any turn lanes are to be add~d, it
should only be on Dubuque and then only as a way of improving flow on Dubuque so that it
can continue to serve efficiently as an arterial street. If adding turn lanes at Dubuque
will not significantly improve this flow, then there is no point to add them.
Thank you for your consideration of my opinion on an issue which directly affects my
neighborhood.
Best regards,
Craig Kletzing
1
;t:!-lo
Marian Karr
From:
Sent:
To:
Cc:
Joni Kinsey [Joni-Kinsey@uiowa.edu]
Tuesday, March 20, 2007 12:20 PM
'City Council
cOllier.lisa@iccsd.k12.iaus; holmsidecottage@yahoo.com; ford@inav.net; kimberly-
gienn@uiowa.edu; chrissy.harapat@mercer.com; mhayek@hhbmiaw.com; sophie-
joly@uiowa.edu; joni-kinsey@uiowa.edu; rickels.jodi@iccsd.k12.ia.us; robert-
cornell@uiowa.edu; sstrode@mchsi.com; barbara@bostickhouse.com;
Rickels.Jodi@iccsd.k12.la.us
Agenda Item 10 for Tonight's March 20 meeting: Church/Dubuque Street Intersection
Subject:
This correspondence will become a public record.
Dear City Council Members:
I am EXTREMELY troubled to hear that you are considering significant alterations to the
intersection of Church and Dubuque Street and possibly even along Church Street itself.
Although I appreciate that traffic is somewhat heavy at that intersection at morning and
evening "rush,'! any physical alteration of that intersection, especially any widening the
streets and adding turn lanes, will have a serious, permanent, and very negative impact on
the Northside Neighborhood.
There has been very little notice about this potential action; I only heard of it today.
Since it would permanently affect a very prominent and vital area of our community I
strongly hope that that you will not move on the resolution tonight (unless you reject it
outright!). We all need more information and public discussion of the issue.
I have lived in the Northside Neighborhood for over fifteen years, first as a homeowner at
423 Church Street for seven years and then as a homeowner at
325 Brown Street, where I still live with my husband and now seven-year old daughter.
I was the originator of the major rezoning of Church Street back in about 1993, rallying
my neighbors to band together to support an application to change the street from RM12
(Residential Multi) to RNC12 (Residential Neighborhood Conservation). The success of this
action led to the eventual rezoning of the rest of the northside (from Bloomington to
Fairchild
Streets) to RNC. Along with the existing RSS (Residential Single) and RS8 zones along
Brown Street, the RNC12 zone has marvelously secured and stabilized the entire northside
as a primarily residential neighborhood. This has been a tremendous boon to our
neighborhood. The changes have been visible and tangible, leading to greater preservation
of the housing stock itself (no more destruction of homes for apartment buildings), a
notable increase in owner occupancy and capital improvements of older houses, and a
notable influx of families who are increasingly recognizing this area as a great place to
raise children and own homes with excellent property value. People are returning to this
area to live for the long-term, and investing in it both financially and personally. I
know, for example, of at least thirty children under 15 years of age who now live in a
four block area (from Fairchild to Brown and Linn to Johnson) in homes that formerly were
childless (and this is just an informal, quick count, not a survey). Encouraging more
traffic on Church Street would be a direct contradiction to the City's commitment to
stabilize the area, and I have no doubt that it would lead to a reversal of these and
other gains we have made through rezoning.
Horace Mann Elementary School, at the corner of Dodge and Church Streets has nearly 300
young children who with their parents are crossing and/or traversing Church Street twice a
day. This fact alone should be the highest priority for discouraging more traffic on
Church Street. The number and speed of the cars around the school is already a hazard for
these youngsters; we need more protection for them, not less!
Surely there is a better way of handling the brief interludes of traffic congestion at
Church and Dubuque? At the very least we need time to consider the possibilities
deliberately, rationally, and with as much consideration and engagement of the area
residents as possible. I urge you to reject the proposed changes outright at tonight's
meeting, or at the very least a delay that will allow for public discussion, hearings, and
alternative proposals.
1
Thank you for your consideration.
Sincerely,
Joni Kinsey Fields, and Wayne and Ellen Fields
Joni Kinsey Fields, Ph.D.
Professor, American Art
School of Art and Art History
University of Iowa
150 Art Building West
Iowa City, IA 52242
(319) 335-1781
2
?/O
Marian Karr
From:
Sent:
To:
Subject:
perry-howell@uiowa.edu
Tuesday, March 20, 2007 1 :25 PM
'City Council
Church & Dubuque Streets intersection
Dear City Councilors:
I am not able to attend tonight's meeting in person, so I wanted to send a brief note
about the proposed expansion to the intersection at Church and Dubuque Sts.
I am very opposed to this change. I believe it is one of those ideas that seem at first
to be good but which have many unintended negative consequences. I'm sure the people
proposing this are well-intentioned, but the research of which I am aware all points to
the fact that making road changes to make car travel faster results in only very temporary
improvements, while producing a permanent increase in traffic. That intersection is
already not so friendly to pedestrians, so I would not want to see any changes that would
make it more difficult for foot traffic to cross.
I am also very concerned about the change increasing traffic on Church Street. Traffic
there is already too heavy and moves too quickly at times--increases in either volume or
traffic speed would be unwelcome and a detriment to the neighborhood.
Thanks for your time with this,
Perry Howell
317 Fairchild St.
52245
354-8768
1
:rI"ltl
Marian Karr
From:
Sent:
To:
Subject:
judith-pascoe@uiowa.edu
Tuesday, March 20, 2007 12:07 PM
'City Council
Church 51. changes
Dear Council Members,
I am writing to voice my opposition to the proposed addition of turn lanes at the
intersection of Church and Dubuque Streets.
I think the changes will make the intersection more dangerous for pedestrians, and would
go against the spirit of recent Central District plan discussions, which have highlighted
public desire for a more pedestrian-friendly city.
I do not think Church street should be used as an arterial road, and the proposed changes
to the intersection would make this more likely.
Thank you very much for weighing the detrimental effects of this proposed change to the
Northside neighborhood.
Yours sincerely,
Judith Pascoe
317 Fairchild St.
1
If/O
Marian Karr
From:
Sent:
To:
Subject:
Barbara Eckstein [barbara-eckstein@uiowa.edu]
Tuesday, March 20, 2007 1 :59 PM
'City Council
Intersection of Dubuque and Church
Dear Council Members:
As a home owner on Church Street, then a resident on Linn Street, and now a home owner on
Ronalds Street, I have a long-standing commitment to the Northside and Goosetown
neighborhoods. Just as I have always appreciated the brick paving for Linn and Brown that
reduce automobile traffic and slow it down substantially, I strongly resist any proposed
idea to facilitate fast-moving automobile traffic on Church Street. (The speed limit is
already little enforced!) Such a change will divide the neighborhood in half; it will make
bicycle and pedestrian travel more hazardous; and it will add automobile noise to a still
quiet residential street.
Frankly, facilitating expeditious car traffic through my neighborhood is the last thing I
would want. I'm quite willing to wait to turn left into my neighborhood when I am driving
a car if it means that we all can keep what quiet we have, our children can ride bicycles
with reasonable safety to Horace Mann School, we can walk downtown with reasonable safety,
and we can retain the green space and the trees.
Allover the nation--the world even--cities are trying to start or resurrect walkable
mixed use, mixed income neighborhoods like the Northside and Goosetown. Iowa City has
been trying to do the same thing for several years on the Peninsula. In the Northside and
in Goosetown and in other places in Iowa City we already have such neighborhoods. Please
don't undo what takes decades to create and provides some of the appealing and most
equitable forms of living.
Respectfully,
Barbara Eckstein
814 Ronalds Street
1
Page 1 of 1
-F liJ
Marian Karr
From: Romano, Edward M [edward-romano@uiowa.edu]
Sent: Tuesday, March 20, 2007 1 :57 PM
To: 'City Council
Subject: Church Street
This correspondence will become a public record.
I am writing about possible changes to Church Street and the addition of turning lanes in the future. I
believe this to be a bad idea for the North side, especially any chance of turning lanes being added to
Church Street. Yes, the street has some traffic, but not near enough to even consider adding turn lanes.
This would totally be unnecessary and would serve to cut the neighborhood in half. Many trees would
also have to be removed changing the look and feel of Church Street.
As far as adding turning lanes from Dubuque to Church Street, though traffic does get heavy some
times, I don't believe it warrants the need for a turning lane. I walk through that intersection every day,
and have not noticed that there is a problem. I do notice that sometimes the Cambus has to wait to turn,
but that is usually because a car has not stopped back far enough as indicated by traffic signs at that
intersection.
Please do not add turning lanes with regard to Church Street..they are not needed and would be
detrimental to the neighborhood.
Thank you,
Ed Romano
524 Church Street (for 14 years)
3/20/2007
Page I of I
*"-/0
Marian Karr
From: Bulmahn, Pamela P [pamela-bulmahn@uiowa.edul
Sent: Tuesday, March 20, 2007 8:20 AM
To: 'City Council
Subject: Widening of Church Street
I have heard the city council is considering widening Church Street as an overall project to ease the
congestion at the intersection of Church and Dubuque Streets.
I want to formally submit my objection to any changes to Church Street that would increase traffic or
speed on the street. As it is many people ignore the speed limit and in during rush hours the traffic is
very heavy. This situation would only worsen with street widening and the addition of a third turning
lane.
Thank you for your attention to this issue.
Pamela Bulmahn
508 Church Street
Iowa City, IA 52245
Pamela-bulmahn@uiowa.edu
3/20/2007
Page I of I
.t\ 10
Marian Karr
From: Wally Plahutnik [zinguy@yahoo.com]
Sent: Tuesday, March 20, 2007 7:46 AM
To: 'City Council
Subject: Church & Dubuque
This correspondence will become a public record.
Dear Council Members,
When considering changes to the Church & Dubuque intersection, please consider the long-term goals
for the Northside Neighboorhoods. Already, zoning has been put in place to restrict the large scale
apartment complexes we see on the same north/south streets south of Burlington. The Northside is an
near-ideal mix of student rental, owner occupied, single-family rental and multi-unit rental. This is what
most of our zoning efforts are trying to accomplish. Please do not fix what is not broken. In other
neighborhoods, residents ask for sleeping policemen or even a barricade to limit or exclude through
traffic. All that we residents of Church and Gilbert request is that the Council not make the conscious
decision to change our streets from residential neighborhood to main arterials. The design for traffic
flow is Dubuque to Jefferson, please use city funds to enhance this pattern rather than harming a
neighborhood that works so well. That way, years from now, we won't have to re-invent the Northside
somewhere else as is being attempted on the peninsula. Thank you, Wally Plahutnik & Victoria Walton.
430 N Gilbert
No need to miss a message. QetemailQu-the-gQ
with Yahoo! Mail for Mobile. Get started.
3/20/2007
**-10
Marian Karr
From:
Sent:
To:
Subject:
c spons [csspons@yahoo.com]
Tuesday, March 20, 2007 9:20 AM
.City Council
Church & Dubuque road expansion
Dear Council Members,
I am writing to share my serious concerns about the proposed addition of turn lanes at the
intersection of Church and Dubuque.
Such widening of the those roads will make it more dangerous for pedestrians at what is a
major walking route to campus.
More importantly, expanding those streets will have a negative impact on the Northside
neighborhood, turning what is now a residential street (Church St) into an arterial road,
which it was never intended to be.
Finally, this proposed widening directly contradicts the public input at the recent series
of meetings on the Central District plan at which there was near consensus that Iowa City
should devise creative ways to increase foot and bike access and to make the city more
pedestrian friendly. The last thing we need is more traffice diverted through a
residential neighborhood and wider lanes to encourage increased speeding and volume of
traffic.
Thank you for listening to these concerns.
Sincerely,
Claire Sponsler
413 N. Gilbert St.
Never miss an ernail again!
Yahoo! Toolbar alerts you the instant new Mail arrives.
http://tools.search.yahoo.com/toolbar/features/mail/
1
Page I of~
Ie
Marian Karr
From: kbf [kbf@efarris.com]
Sent: Tuesday, March 20,200710:41 AM
To: 'City Council
Cc: greg@efarris.com
Subject: Church Street should be collector not arterial
Dear Council Members,
My husband and I reside at 423 Church Street. I am writing in regards to the discussion that will be held
tonight about turn lanes at the intersection of Church and Dubuque. The city should consider Church
Street a collector street rather than an arterial street.. .as we have two streets just a few blocks south
for arterial purposes. Church street, particularly between Dubuque and /Governor Dodge is mostly
residential and we need to maintain that atmosphere. Putting turn lanes at intersection of Church and
Dubuque will PROMOTE the use of Church street as an arterial road, and the neighborhood is not
exemplary of that activity. The current situation with Church Street, where part-time parking in evenings
and weekends also helps to alleviate parking issues in the area. In addition, I feel that putting a turn late
at the intersection of Church and Dubuque is likely to mean that Church Street will eventually become a
3-lane road. I am strongly opposed to this action.
Certainly, I have a vested interest in keeping my neighborhood as residential as possible. I love the mix
of college students and single family dwellings as well as the neighborhood atmosphere. I believe that
the neighborhood has come to a good mix of individuals, parking issues and use of streets. Do not put
turn lanes at the intersection of Church and Dubuque, as it will destroy the atmosphere along Church
Street and promote its use as an arterial rather than collector street! You would be better off, in my
opinion, to consider how Church Street can be made a historic district to link with Brown and possible
Linn Street districts to create another truly excellent area near downtown and the University in which to
reside! !
As a final note, I would ask what data have been collected at the intersection of Church and Dubuque
versus Dubuque and other 2 arterial roads (Jefferson and Market) to warrant this consideration. Thank
you!
Sincerely,
Karen Farris
423 Church Street,
Iowa City, IA
3/20/2007
Page 1 of1 -#
-rr /0
Marian Karr
From: Brown Street Inn [info@brownstreetinn.com]
Sent: Tuesday, March 20, 2007 10:44 AM
To: 'City Council
Subject: Church & Dubuque Street Intersection
Regina,
Thank you for your update on the Church & Dubuque Street intersection improvements.
As Northside residents, we feel the proposed changes you outlined are overkill and are
opposed to them as currently designed. The primary problem that we have witnessed at
that intersection is created by southbound CAMBUS trying to turn right off Dubuque
Street onto Church Street. The radius of that corner does not allow them to make this
turn without going into the east bound lane of Church Street. Therefore, if a car is
waiting at the red light on Church Street west of Dubuque a bus can not make the turn
and sits waiting for that east bound lane to clear. If there is also a car on Dubuque
Street waiting to turn left onto Church the south bound traffic on Dubuque comes to a
complete stop.
It seems that if the radius on the northwest corner, relating to the UI President's
Residence, was enlarged so buses could make that right hand turn off Dubuque onto
Church without going into the east bound lane of Church, traffic would be able to move
more freely down Dubuque Street without providing excessive opportunity for vehicles to
easily make a right hand turn onto Church and turn that into more of a "freeway" than it
is currently.
Any notion of widening or creating turn lane on Church Street needs to take into account
the impact on the stately trees along Church Street. The removal or damage to any of
these trees for the sake of some perceived benefit to vehicles is unconscionable.
We urge the Council to approve a widening of the turning radius for southbound vehicles
turning west on Church, but to reject any further improvements to this intersection.
Sincerely,
Mark Ruggeberg
Bob Brooks
430 Brown Street
The Brown Street Inn
3/20/2007
Page 1 of 1
.JI: / C
Marian Karr
From: Harapat, Chrissy [Chrissy.Harapat@mercer.com]
Sent: Tuesday, March 20, 2007 11 :03 AM
To: R Bailey
Cc: 'City Council
Subject: Church Street
Good morning,
I understand that one of the topics of discussion this evening will be changes to Church Street. I hope that you do
vote against this project. I absolutely agree that doing this will encourage more traffic on Church Street. I live on
Brown Street and have experienced more and more people speeding along this street to cut between Dodge and
Governor or to get to Dubuque Street and I am certain the same is happening on Ronalds, Church, etc. Not only
is the traffic above the speed limit, the drivers tend to only slow down at the stop signs as well, rather than stop.
Anything you can do to keep the majority of the traffic on Jefferson and Market is appreciated.
Thanks,
Chrissy Harapat, PHR
Human Resources Administrator
Single Source 1
Mercer Administration
2610 Northgate Drive
Iowa City, IA 52245-9564
phone: 1 800 974 0986
fax: 13198874145
mailto:ch[i~~y. harapat@mercer.com
3/20/2007
Church and Dubuque Street
Page 1 of 1
:II'- Iv
Marian Karr
From: Timothy Holman [timothy-holman@uiowa.edu]
Sent: Tuesday, March 20, 200711 :13 AM
To: 'City Council
Cc: Sewell@act.org
Subject: Church and Dubuque Street
Hello:
It has come to my attention the council is considering adding a turn lane to the intersection of Dubuque and
Church streets on all 4 sides of the intersection. I oppose this change.
Adding a south bound turn lane to the center of Dubuque Street at the Church St. intersection may have merit by
improving wait times when turning left onto Church St. However, this will also encourage more traffic onto Church
St., which_is not an art~[ial street. Traffic should be encouraged to continue south down Dubuque street to
Market and Jefferson, as these streets are designated arterials.
It is also questionable why northbound traffic on Dubuque street should need a left turn lane at all, as this would
feed onto a one block section of Church street that ends abruptly at Clinton St. Funneling more traffic to the west
on Church toward Clinton, where the only choice is another left turn south on Clinton makes no sense to me.
(Unless you plan to build a bridge across the Iowa River extending Church Street to the west or you just think it's
a good idea to keep traffic moving in circles).
Adding a turn lane to allow more easy flow of traffic onto Church St. will disrupt the north side neighborhood.
Church St. will have to be widened. More traffic will choose to turn south onto Gilbert St. from Church. GilbElrt
Street south from Church as far as Bloomington isa residential street. Increasing the flow of traffic onto Church
St. will increase the flow of traffic on this portion of N. Gilbert St. This will further disrupt the north side
neighborhood.
It strikes me as odd the city went to such effort to create the retro look in the peninsula neighborhood in order to
mimic what we still have on the north side yet the council continues to consider actions that will damage the very
neighborhood you're trying to recreate elsewhere. In addition, the city continues to encourage downtown
development. By making these traffic flow changes the north side will decline. As councilors you should consider
the future value of the north side neighborhood to Iowa City. You can continue to increase traffic, which will
encourage the deterioration of the neighborhood, or you can take steps to decrease traffic and increase the
livability of the north side neighborhood, which is one of the reasons why Iowa City continues to be rated as a
uniquely pleasant place to live.ChEOj;k out anv advertisement for San Francisco; vou'lI see JlLOminenUy disRL8Y_ed
the giger, welLRreserved parts_Qf thEO~
Why on earth do you work for an improved downtown and a retro neighborhood on the peninsula, yet consider
changes that will destablelize the area in between? I urge you to remove this proposal from your plan.
I live at 420 Fairchild St.
This correspondence will become a public record.
3/20/2007
rV1f~
r 0312;-07 ,
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138
RESOLUTION NO. 07-93
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 NNW, INC. TO PROVIDE
ENGINEERING CONSULTANT SERVICES FOR THE FIRST AVENUE/IOWA
INTERSTATE RAILROAD CROSSING IMPROVEMENTS PROJECT.
WHEREAS, the City of Iowa City desires to grade separate First Avenue from the Iowa Interstate
Railroad; and
WHEREAS, the project will involve raising the railroad and lowering First Avenue to create the
separation; and
WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final
design for construction of the First Avenue/Iowa Interstate Railroad Crossing Improvements
Project; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with
NNW, Inc. of Iowa City, lA, to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with NNW, Inc.
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 triplicate.
Passed and approved this 20th
ATTEST: ~.-uJcJ(.
CI LERK
~
dayof. /~ ,20~.
~iJ~
MAYOR
App.roved by , /.,' /
;i[ '5/('7;- 0 ?
City Attorney's Office
pweng\res\1stave-railroadRes-DesignAgl.doc
Resolution No. 07-93
Page 2
It was moved by Bailey and seconded by
adopted, and upon roll call there were:
Correia
the Resolution be
AYES:
NAYS:
x
x
x
x
x
x
ABSENT:
Bailey
x Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of March ,
7007 , by and between the City of Iowa City, a municipal corporation, hereinafter
referred to as the City and NNW, INC. . of IOWA CITY, hereinafter referred to as the
Consultant.
WHEREAS, the City desires to replace to grade separate First Avenue from the Iowa Interstate
Railroad. The project will involve raising the railroad and lowering First Avenue to create the
separation. The design will include staging construction to maintain both railroad and vehicular
traffic.
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. Preliminary Plan Phase
The purpose of this phase is to set out the basic geometric parameters of the project,
establish grade lines, determine basic bridge component and retaining wall sizes and
components, determine traffic signalization requirements, preliminary sizes of storm
water system and any other utility adjustments.
The following work is meant to satisfy the requirements of Iowa Department of
Transportation Preliminary Plan phase level of detail.
1. Meet with Iowa City staff and Iowa Department of Transportation staff to
determine basic geometric parameters of project.
2. Make topographic survey of area including the Railroad and necessary storm
sewer. Including survey data necessary for property corners to make
determination of ROWand easement requirements. Research public
documents for property information adjacent to the project
3. Determine right-of-way and construction easement needs and prepare right-of-
way and easement plats.
4. Prepare Concept Statement and documentation for Categorical Exclusion (CE)
5. Make preliminary estimate of project.
6. Arrange for soil borings for the project.
7. Bridge: The project will include a railroad bridge designed to AREMA
specifications. Make preliminary design of bridge determining size of members
and basic geometry. Determine particulars of how Railroad will be kept in
-2-
service, during construction, including a temporary bridge. Give consideration to
bridge appearance. Make Type, Size and Location Drawing of the bridge.
8. Roadway: The project will include a change in First Avenue roadway grade,
including a portion of Mall Drive. Make preliminary design of roadway
establishing roadway grade lines, including temporary roadways to maintain
traffic during construction. Make Plan and Profile Drawings of the roadways and
Cross sections of proposed roadways.
9. Signalized Intersection: The project includes a signalized intersection with Mall
Drive. Determine location of signal poles, heads, mast arms and detector loops.
Determine pavement markings. Make drawing of signalization.
10. Railroad: The Project will include a change in grade of the Iowa Interstate
Railroad. Make preliminary design of railroad establishing railroad grade lines.
Work with Iowa Interstate Railroad to establish fill section and method of raising
tracks while keeping railroad in service. Make Plan and Profile drawings of
railroad and cross sections of proposed new grade.
11. The grade separation will require several retaining walls: Determine location and
size of all necessary retaining walls. Locate walls on Plan and Profile drawings
and make preliminary cross sections of walls.
12. The project will solve an existing inadequate drainage problem as well as create
a sump in the roadway near the bridge. Determine the watershed parameter and
the flows for the various frequencies. Layout a pipe system for collection and a
pump system for removal of storm water. The preliminary phase will include pipe
size and grade and pump size and housing size.
13. Determine other utility interference and begin working with the various owners on
resolution of conflicts.
14. Consider the aesthetics of the overall project as well as how aesthetic details will
fit into the overall scheme. Make schematic drawings suitable for public input
meetings.
15. Organize pUblic meetings for the purpose to inform the public and receive input
from the public about the project.
B Final Design Phase
This phase completes the design with final project plans and specifications. This phase
shall not proceed until approval of the Concept Statement and Categorical Exclusion.
1. Prepare detail plans, specifications, contract documents and engineer's estimate
required for Iowa Department of Transportation formal letting;
2. Contract documents shall be in accordance with City, State and Federal
requirements and shall use Iowa Department of Transportation Standard
Specifications as base specifications;
3. Provide necessary prints and calculations for review by City, State and Federal
agencies;
-3-
4. Review required construction drawings as well as detailed shop and erection
drawings submitted by the contractor for compliance with the design concept of
the proposed project;
5. Participate in a pre-construction meeting to be held with the successful bidder to
answer technical questions regarding construction of the project;
6. Attend meetings with Project Team Staff as required.
7. Prepare a final cost estimate at completion of design.
C. Special Services (Not included in contract)
1. Perform an Environmental Assessment (EA) for the project.
2. Preparation of elementary sketches and supplementary sketches required to
resolve actual field conditions encountered;
3. Assist the City as expert witness in litigation arising from the development and
construction of the project and in hearings before various approving and
regulatory agencies.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
The intent of the City is to begin construction of this project in the summer of 2008. The
project will be let through the Iowa Department of Transportation who has a critical path
schedule for letting projects. The following schedule will be used to meet the DOT
milestone items.
Determine ROW Needs
Concept Statement
Preliminary Plans - TS&L
Check Plans
Final Plans
April 15, 2007
April 15, 2007
July 1, 2007
November 1, 2007
December 15, 2007
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.
__._...___".____~.~_,_.__...~______,.,.__.._.'".__.__..-...--....-.--".-...-,--.0'-.'_'-----...-.-.-....--.....,._.__..____.___,_...__..~__.._.__.__~_"__._.
-4-
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. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
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.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep mylar reproducible copies for the Consultant's own filing
use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
-5-
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
The City agrees to pay for services stated in this agreement on an hourly basis at the
hourly rates shown in Appendix A, attached hereto, with a maximum not to exceed
amount for each phase:
A. Preliminary Plan Phase: Seventy Seven Thousand Three Hundred dollars
($77,300.00).
B. Final Design Phase: Two Hundred Twenty Thousand Five Hundred dollars
($220,500.00)
-6-
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.
FOR THE CITY
FOR THE CONSULTANT
'CZ-j_J..~
,J;c-t
By:
By:
"'
Title: MRyor
Title: President
Date: March 20. 2007
Date: March 1. 2007
ATTEST:
~~ :--uJ
City 'Clerk
~.~~
. Approved by:
/Z-
City A~'S Office
}' (y~ 7
Date
-
pw\forms\consagmt.fnn
SCHEDULE OF RATES
NNW, INC.
ENGINEERING SERVICES
Provided For
CITY OF IOWA CITY
PROFESSIONAL COMPENSATION
The fee for professional services shall be based upon the following hourly rates
for services by principals, employees, and sub-consultants assigned to the
project.
Descriotion
Rate/Hour
1. LABOR
Principal Structural Engineer
$ 130.00
$ 115.00
$ 105.00
$ 85.00
$ 75.00
$ 75.00
$ 65.00
at cost
Structural Engineer (Grade 6)
Structural Engineer (Grade 5)
Structural Engineer (Grade 3)
Technician
Draftsperson
Clerical
Other Reimbursables
..
8