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HomeMy WebLinkAbout2009-04-06 ResolutionM~ 4d 1 Prepared by: Dan Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 09-95 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 20, 2009, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION 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: 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 20T" day of April, 2009, 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 6th day of April , 2009. ATTEST:~~d~~~d.L- CITY LERK MA Approved by V /~~ City Attorney's Office 3 ~~~, o ~ Pwenglres\landfill toll 2009.ddc Resolution No. 09-95 Page 2 It was moved by Hayek and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey x Champion x Correia ~_ Hayek x ~ O'Donnell ~_ Wilburn g Wright wpdata/glossary/resolution-ic.doc 4e 1 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION N0.09-96 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 THREE GUYS HOLDINGS LLP, AND TENANT CORNER OF THE MEADOW, INC. D/B/A MOTLEY COW CAFE, 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, Three Guys Holdings LLP, as landlord, and Corner of the Meadow, Inc., d/b/a Motley Cow Cafe, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 160 N. Linn 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor .and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, 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 6th day of ATTEST: / ~ bIJ CI ERK 2009. 3 _a ~-off, City Attorney's Office Resolution No, 09-96 Page 2 It was moved by Hayek and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Correia X Hayek x O'Donnell _~_ Wilburn x Wright wpdata/glossary/resolution-ic.doc M~~ - ~~" 4e(2) Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 09-97 RESOLUTION ACCEPTING THE WORK FOR THE SENIOR CENTER ADA RESTROOM REMODELING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Senior Center ADA Restroom Remodeling Project, as included in a contract between the City of Iowa City and McComas-Lacina Construction, LC of Iowa City, Iowa, dated October 2, 2007, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $329,905. 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 6th day of ATTEST: / X - CI CLERK 20 0~_. Approved b City Attorney's Office It was moved by Hayek and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: x x x X -~ x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Pweng/masters/SSADARestroom-acptwork.doc 3/09 04-06-09 M~ 4e 3 Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 09-98 RESOLUTION ACCEPTING THE WORK FOR THE GILBERT STREET AND PRENTISS/BOWERY STREET INTERSECTION IMPROVEMENTS PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Gilbert Street and Prentiss/Bowery Street Intersection Improvements Project, as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated February 19th, 2007, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. WHEREAS, the final contract price is $879,169.07. 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 6th day of April , 2009. a ATTEST: ~_-~~~ City lerk Approved by: ~~~/O C City Attorney's Office Resolution No. 09-98 Page 2 It was moved by Hayek and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT:. x x x ~- x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossa ry/resolution-ic.doc U ~ 4e 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 09-99 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1904 DELWOOD DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owners of the property on November 7, 2005, and recorded on November 18, 2005, in Book 3964, Page 765 through Page 770, in the Johnson County Recorder's Office covering the following described real estate: Lot 191, Mount Prospect Addition, Part IV, Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 18, Page 50, Plat Records of Johnson County, Iowa. WHEREAS, MidWestOne Bank has refinanced a mortgage to the owners of the property located at 1904 Delwood Drive and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, MidWestOne Bank, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with MidWestOne Bank; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and MidWestOne Bank, Iowa City, Iowa. Passed and approved this 6th day of Avril , 202_• Ap oved by ATTEST: '~-' ~ ~ ~~~ CI ~ERK City Attorney's Office Resolution No. 09-99 Page It was moved by Hayek and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x X x -~ x NAYS: Correia the ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $7,774, and was executed by Jack J. and Cindy Jo Garten (herein the Owners), dated November 7, 2005, recorded November 18, 2005, in Book 3964, Page 765 through Page 770, Johnson County Recorder's Office, covering the following described real property: Lot ~g~, Mount Prospect Addition, Part IV, Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book i8, Page 50, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $106,000 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgaqe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgaqe held by the City is and shall .continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding .Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~ day of af'It1 t1 , 20 oq . CITY OF IOWA CITY By Mayo FINANCIAL INSTITUTION By Attest: -~ . Cit Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~ day of AP~21L , 20 0~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~R a-ent~ n Ste; l•eH _ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in {~rdirnarice) (Resolution) No. o~j-- 9y passed (the Resolu ion adopted) by the City Council, under Roll Call No. of the City Council on the b ~ day of .A~z~~ , 20~_, and that •a ' 1 and Marian K. Karr acknowledged the execution of the instrument o be their volunta act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~ SONDRAE FORT ~Sr~(~e. ~~ 2 Commission Number 159791 Nota Public in and for the State of Iowa My Comm~i n Expires ry 0 LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 11lL day of ~f~~t 1' ~ , 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~,~L 1 ~`j~C~1 to me personally known, who being by me duly sworn, did say that he/she is the ~ , 0 ~ YL4" of rY1 ~.~~If ~~~ . that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said ianl~ ~ ~ l l~ f ~_ acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. =~,~e~~:~ ~~°~~.,KF~>->>~°r~~cK---- Notary Public in nd for the State of Iowa O Fp Gommiss~on Nus~iber 742423 //'''~~ rr~-~ !,~1 s ~ ifv G~mmissiors Expires My Commission expires: ~ aL01' U~ ~~ --__.._.~ ?_2 D ~~ ~ ~ 4- - 4e(5) Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 09-100 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION. WHEREAS, the by-laws of the Human Rights Commission have not been updated since 1999, and the Ordinances relating to the duties of the Commission changed in 2003; and WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission; and WHEREAS, the Human Rights Commission recommended unanimously at their November 25, 2008 Commission meeting to approve the amended by-laws; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by-laws of the Iowa City Human Rights Commission, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 6th day of April , 2009. M ATTEST: ~7%~~,.v/ ~ - ~~i/ CIT LERK 3 -3~~5 .Lk City Attorney's Office s/by-laws res.doc Resolution No. Page 2 09-100 It was moved by Hayek and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey g Champion x Correia x Hayek x O'Donnell x Wilburn x Wright wpdata/glossary/resolution-ic. doc BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION ARTICLE 1 THE COMMISSION Section A. The name of this organization is the Iowa City Human Rights Commission, referred to in these By-Laws as the Commission. The Commission is authorized by the City Council of the City of Iowa City through Municipal Ordinance Number 03-4105, effective date December 16, 2003. ARTICLE 2 PURPOSE Section A. As stated in Section 2-1-2 of the City Code. Section B. The purpose of the Commission is to provide for execution within the City of Iowa City, the policies of the Iowa Civil Rights Act of 1965 and the Federal Civil Rights Act. The Commission also promotes cooperation between the City of Iowa City and the State and Federal agencies enforcing these acts. ARTICLE 3 DUTIES Section A. Duties of the Commission shall include: 1) disseminate information, educate the public on illegal discrimination and civil rights, and provide the enforcement necessary to further the goals of Title 2 of the City Code; 2) cooperate within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of Title 2 of the City Code; 3) plan and conduct programs designed to eliminate racial, religious, cultural and other intergroup tensions; and 4) educate the public on illegal discrimination. ARTICLE 4 MEMBERSHIP Section A. The Iowa City Human Rights Commission shall consist of nine (9) members, appointed by vote of the City Council. All members shall be qualified electors of the City of Iowa City, Iowa, and shall serve as such without compensation but shall be entitled to the necessary expenses, including traveling expenses incurred in the discharge of their duties. Section B. Appointments shall take into consideration men and women of the various racial, religious, cultural, social and economic groups in the City. Section C. Members shall serve for a term of three (3) years and thereafter until a successor has been appointed. Section D. Orientation for members, including functions, duties and responsibilities, shall be conducted by the staff assigned to the Commission. Section E. Commissioners are expected to attend twelve (12) regularly scheduled monthly meetings during the calendar year. The Chairperson or Human Rights Coordinator shall be notified of an absence prior to any meeting. Section F. Three (3) consecutive, unexplained absences of a member from regular meetings shall result in a recommendation to the City Council from the Commission to discharge said member and appoint a new member. Section D. Commission officers shall set the agenda provided Commissioner suggestions are considered• Section E. A quorum shall consist of five (5) Commissioners. A majority of present and voting members shall be necessary to pass a motion. The Chairperson shall vote as a member. Section F. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Commission may adopt. Section G. No formal action shall be taken on items not on the agenda. Section H. Time shall be made available during all regular meetings for public comment on items not on the agenda. Commentators shall address the Commission for no more than 5 minutes. Commissioners shall not engage in discussion with the public concerning said items. Section I. Time shall be made available during all regular meetings for Commissioner reports of items not on the agenda. Commissioners shall not engage in discussion with one another concerning said reports. Section J. The Commission's Secretary and/or designee shall record all activities and statements made at Commission meetings, hereafter known as minutes of the meeting. All Commission records shall be public except those excluded pursuant to Iowa Code, Chapter 22; City Code, Section 2-2-4. ARTICLE 7 SUBCOMMITTEES Section A. Formation of subcommittees shall be by majority vote of the Commission in whatever subject area, or whatever number of committees, is deemed necessary. The committee(s) shall consist of no more than four members. ARTICLE 8 AMENDMENTS Section A. The By-Laws can be amended at any regular Commission meeting by a majority vote, provided that the amendment has been submitted in writing to the Commission three (3) days prior to the meeting at which it is to be acted upon and such amendment is not in conflict .with the Human Rights Ordinance, as amended. Section G. Four (4) absences, unexplained absences in a 12 month period shall result in a recommendation to the City Council from the Commission to discharge said member and appoint a new member. Section H. If a position becomes vacant by reason of resignation or otherwise and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through subsequent regular term. ARTICLE 5 OFFICERS Section A. The Commission shall have three (3) officers: Chairperson, Vice Chairperson and Secretary. Section B. Officers shall perform the duties set forth in these by-laws. Section C. The Chairperson and Vice-Chairperson shall be elected from the Commission's membership at its regular January meeting for a one (1) year term. Section D. The Secretary shall be selected at the January meeting for a one (1) year term. The Secretary may, but need not be, a Commissioner. Section E. The Commission shall fill vacancies among its officers for the remainder of an unexpired term. Section F. Chairperson. The Chairperson, when present, shall preside at all meetings of the Commission, appoint committees, call special meeting and in general, perform all duties incident to the office of the Chairperson and such other duties as may be prescribed by the members from time to time. Section G. Vice-Chairperson. In the absence of the Chairperson or in the event of his/her death or inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section H. Secretary. The Secretary shall be responsible for keeping the official minutes of the Commission, filing the minutes and official documents and such other duties as may be prescribed by the members from time to time. ARTICLE 6 MEETINGS Section A. At least one (1) regular meeting shall be held each month. Section B. The Chairperson, Vice Chairperson, or any three (3) Commissioners may call a special meeting. Section C. Meetings shall be held in an accessible, public meeting place. Notices of meetings (agenda) for all regular and special meetings shall be posted and distributed to members and the media at least 24 hours before any meeting is held. All provisions of the State Open Meeting Law shall be followed. The Chairperson or a designated representative, together with appropriate members of the City staff shall prepare an agenda for all meetings. ~ $ Prepared by: Denny Gannon, Assistant City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 09-101 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET PEDESTRIAN BRIDGE RENOVATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:30 a.m. on the 28~' day of April, 2009. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Ha-I, Iowa City, Iowa, at 7:00 p.m. on the 5~' day of May, 2009, or at a special meeting called for that purpose. Passed and approved this 6th day of ATTEST: ~ 5'`~ CITY ERK 20 09 City Attorney's Office ~3~a~ Pweng/resBurlingtonSt.PedBridge-appp&s.doc 3/09 Resolution No. 09-101 Page 2 It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc r'~0 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 09-102 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 WATER MAIN DIRECTIONAL BORING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 1 y__ WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 29th day of April, 2009. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hafl, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 5th day of May, 2009, or at a special meeting called for that purpose. Passed and approved this 6th day of ATTEST:_ ~~~~~~J , ~fd~ CITY RK pwenglresUes-plans&specs-09watermain.doc 3/09 20 09 Approved 15j/ ~~ ~~.~iGC,u~~~~ 9-'~`~~~'``~ City Attorney's Office 3 3 ~ (v Resolution No. Page 2 09-102 It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: X -~ X x x NAYS: ABSENT: ~- x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc "~ 10 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 09-103 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 29th day of April, 2009. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 5th day of May, 2009, or at a special meeting called for that purpose. Passed and approved this 6th day of April ,~ 20 09 4 • Approved by ATTEST:~!.~~~Z~ ~C • 7C~fi1.~ ~~!~% ~.e~-/~17~~~ ZZz~ ~~" ~~ CITY CLERK City Attorney's Office ~ ~•3 ~ ~a ~ pweng\res\res-plans8specs-09pavement-watennain.doc 3/09 Resolution No. 09-103 Page 2 It was moved by champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x X X x x Correia the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc 14 Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION N0. RESOLUTION ADOPTING THE IOWA CITY PARKS, RECREATION, AND TRAILS MASTER PLAN FINAL REPORT AND EXECUTIVE SUMMARY WHEREAS, the City of Iowa City has hired GreenPlay, LLC ("GreenPlay") to help staff develop a Parks, Recreation and Trails Master Plan and Executive Summary for the Department of Parks and Recreation; and WHEREAS, GreenPlay has inventoried existing parks, trails and recreation facilities, examined community demographics and community recreation trends, and conducted a public engagement process including meetings, a survey, a public meeting, and news releases; and WHEREAS, at a City Council work session on October 20, 2008, GreenPlay staff presented to the City Council the findings from the community engagement process; and WHEREAS, at a City Council work session on January 28, 2009, staff presented City Council with copies of the Iowa City Parks, Recreation, and Trails Master Plan Final Report and Executive Summary for their review; and WHEREAS, the Parks and Recreation Commission reviewed the Parks, Recreation, and Trails Master Plan Final Report and Executive Summary at its regular meeting on March 11, 2009, and expressed informal support for the Master Plan; and WHEREAS, adoption of the Parks, Recreation, and Trails Master Plan Final Report and Executive Summary does not bind the City Council to any specific recommendations, and any recommendations that would require further City Council action, such as funding requests, intergovernmental agreements, or the conveyance of real property, would be brought to the City Council for consideration by ordinance or resolution as appropriate; and WHEREAS, the City Council has considered the Parks, Recreation, and Trails Master Plan Final Report and Executive Summary and believes that it is in the best interests of the City and its citizens that the Parks, Recreation, and Trails Master Plan Final Report and Executive Summary be adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: the Iowa City Parks, Recreation and Trails Master Plan Final Report and Executive Summary, dated November 2008 and on file in the office of the City clerk, is hereby adopted. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Appr ved by i, ?/~ ~ ,~~~~ City Attorney's Office 3/ 3 t/~, ~. Resolution No. Page 2 It was moved by and upon roll call there were: AYES: and seconded by NAYS: ABSENT: the Resolution be adopted, Bailey Champion Correia Hayek O'Donnell Wilburn Wright parksrec/res/masterplan.doc 1~c9 15 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-104 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT ETRE RESTAURANT GROUP LLC, D/B/A TAKANAMI, 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, University View Partners., as landlord, and Etre Restaurant Group LLC, d/b/a Takanami, as tenant, applied for a temporary use of the public right-of-way at 219 Iowa Avenue 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: 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 6th day of April , 2009. ATTEST: CITY~LERK Approved by: ~.~ ~~ ~-r~~~ City Attorney's Office Resolution No. 09-104 Page 2 It was moved by Chamvion and seconded by _H,~yek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion g Correia g Hayek g O'Donnell x Wilburn g Wright wpdata/glossary/resolution-ic.doc ~~ 16 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION N0.09-105 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER HAYWOOD BELLE, ET AL, AND TENANT SHORT'S BURGER 8~ SHINE L.L.C., D/B/A SHORT'S BURGER 8~ SHINE, 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, Haywood Belle, et al, as landlord, and Short's Burger ~ Shine L.L.C., d/b/a Short's Burger 8~ Shine, as tenant, applied for a temporary use of the public right-of-way at 18 S. Clinton Street, 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 ~r~, day of _ppril , 2009. Approved by: ~~~ `~~-~ y° S City Attorney's Office Resolution No. 09-105 Page 2 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell X Wilburn ~_ Wright wpdata/glossary/resolution-ic.doc '`'~ ~ ~ ~ April 6, ,2009 The City Clerk of Iowa City, Iowa, met in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 10:00 o'clock A .M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the notes to the best and most favorable bidder for cash, subject to approval by the City Council at 7 ; 00 o'clock F .M. on the above date. The following persons were present: Kevin O'Plalley, Marian Karr, Cyndi Ambrose, Jon Burmeister ******** -1- This being the time and place for the opening of bids for the sale of $ 9,130,000 Sewer Revenue Refunding Capital Loan Notes, Series 2009A, the meeting was opened for the receipt of bids for the notes. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Hutchinson, Shockey, Erley & Co. .Chicago, IL Robert W. Baird & Co., Inc. Milwaukee, WI 4. The best bid was determined to be as follows: Name & Address of Bidder: Hutchinson, Shockey, Erley & Co. of Chicago, IL Net Interest Cost: $ 3 , 7 99 , 447.80 True Interest Rate: 4.111479 % All bids were then referred to the Council for action in accordance with the Notice of Sale. -2- April 6 , 2009 The City Council of Iowa City, Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at ~ : 00 o'clock P .M., on the above date. There were present Mayor Bailey , in the chair, and the following named Council Members: Bair Champion Correia- Hayek, n'Donnell~ Wilburn, Wright Absent: None ******* -3- ~-~ ~ Council Member Wilburn introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $9,130,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009A" and moved its adoption. Council Member 0' Donnell seconded the motion to adopt. The roll was called and the vote was, AYES: Correia Hayek O'Donnell Wilburn, Wright, Bailey, Champion NAYS: Nays Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 09-106 RESOLUTION DIRECTING SALE OF $ 9 ,130 , 000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009A WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the notes described as follows and the best bid received is determined to be the following: $ 9 ,130 , 000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009A Bidder: Hutchinson, Shockey, Erley & Co. of Chicago, IL the terms of the bid being: Purchase Price: $ 9 , 457 , 497.06 True Interest Rate: 4.111479 Net Interest Cost $ 3,799,447.80 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -4- Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section 2. That the statement of information for bidders and the form of contract for the sale of the notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That all acts of the Clerk done in furtherance of the sale of the notes are hereby ratified and approved. PASSED AND APPROVED, this 6th day of _~~ril , 2009. ATTEST: City C erk -5- PARITY Bid Form ..Upcoming Calendar ~ Overview ! Result 1 'Excel , Page 1 of 2 Hutchinson, Shockey, Erley & Co. -Chicago ,IL's Bid .::~~~~~~~ Iowa City $9,130,000 Sewer Revenue Refunding Capital Loan Notes, Series 2009A For the aggregate principal amount of $9,130,000.00, we will pay you $9,457,497.06, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate(s): Maturity Date Amount $ Coupon 07/01/2010 260M 3.5000 07/01/2011 290M 3.5000 07/01/2012 460M 3.5000 07/01/2013 485M 3.5000 07/01/2014 500M 3.5000 07/01/2015 515M 4.0000 07/01/2016 535M 4.0000 07/01/2017 555M 4.0000 07/01/2018 580M 4.5000 07/01/2019 610M 4.5000 07/01/2020 640M 4.5000 07/01 /2021 665M 4.5000 07/01/2022 700M 5.0000 07/01/2023 740M 5.0000 07/01/2024 780M 5.0000 07/01/2025 815M 5.0000 Total Interest Cost: $4,126,944.86 Premium: $327,497.06 Net Interest Cost: $3,799,447.80 TIC: 4.111479 Time Last Bid Received On:04/06/2009 9:58:45 CDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Hutchinson, Shockey, Erley & Co., Chicago , IL Contact: Jlm VanMetre Title: Telephone:312-443-1550 Fax: 443-72-25 Issuer Name: City of Iowa City Company Name: Accepted By: Accepted By: https://www.newissuehome.i-deal.com/Parity/asp/main. asp?frame=content&page=parityBidform&customer=... 4/6/2005 ?ARITY Bid Form Upcoming Calendar Overview Result Excel Robert W. Baird & Co., Inc. -Milwaukee ,WI's Bid Iowa City $9,130,000 Sewer Revenue Refunding Capital Loan Notes, Series 2009A Page 1 of 2 j ; . For the aggregate principal amount of $9,130,000.00, we will pay you $8,990,143.65, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate(s): Maturity Date Amount $ Coupon 07/01/2010 260M 3.0000 07/01 /2011 290M 3.0000 07/01/2012 460M 3.0000 07/01 /2013 485M 3.0000 07/01/2014 500M 3.2500 07/01 /2015 515M 3.5000 07/01/2016 535M 3.7500 07/01/2017 555M 4.0000 07/01/2018 580M 4.0000 07/01/2019 610M 4.0000 07/01/2020 640M 4.0000 07/01 /2021 665M 4.2500 07/01 /2022 700M 4.3750 07/01/2023 740M 4.5000 07/01/2024 780M 4.6250 07/01/2025 815M 4.8500 Total Interest Cost: $3,786,961.48 Discount: $139,856.35 Net Interest Cost: $3,926,817.83 TIC: 4.392938 Time Last Bid Received On:04/06/2009 9:59:27 CDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Robert W. Baird 8~ Co., Inc., Milwaukee , WI Contact: Drew Kanyer Title: Telephone:414-765-7331 Fax: Issuer Name: City of Iowa City Company Name: Accepted By: Accepted By: httns://www.newissuehome.i-deal.com/Parity/asp/main. asp?frame=content&page=parityBidform&customer=... 4/6/200 U4-U6-09 17 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ SEWER REVENUE REFUNDING CAPITAL LOAN NO'T'ES, SERIES 2009A" and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYE NAYS: Whereupon, the Mayor deeJared the following R~,~solution duly adopted: RESOLUTION DIRE TING SALE $ SEWER REVENUE RE UNDING APITAL LOAN NOTES, SERIES 2009A WHEREAS, pursuant to notice as public sale for the notes described as foil the following: $ SE` CAPITAL LO Bidder: the terms of the bid being: Purchase Price: $ by law, bids have been received at the best bid received is determined to be ~ REVE UE REFUNDING NOTES, RIES 2009A of True Interest Rate: Net Interest Cosl/ $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -4- Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section 2. That the statement of information for bidders and the form of contract for the sale o e notes are hereby approved and the Mayor and Clerk are authorized to execute the same n behalf of the City. Section 3. Th tall acts of the Clerk don in furtherance of the sale of the notes are hereby ratified and app ved. PASSED AND APP~OVED, this ~_ day of , 2009. Mayor ATTEST: City Clerk -5- "~~ ~s Council Member Champion introduced the following Resolution entitled "A RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING SEWER REVENUE BONDS, SERIES 2000, OF THE CITY OF IOWA CITY, IOWA, DATED OCTOBER 1, 2000, AND DIRECTING NOTICE BE GIVEN" and moved its adoption. Council Member O'Donnell seconded the motion to adopt. The roll was called and the vote was, AYES; Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 09-107 RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING SEWER REVENUE BONDS, SERIES 2000, OF THE CITY OF IOWA CITY, IOWA, DATED OCTOBER 1, 2000, AND DIRECTING NOTICE BE GIVEN WHEREAS, the City did by resolution dated September 19, 2000, authorize the issuance of $12,000,000 Sewer Revenue Bonds, Series 2000, dated October 1, 2000; and WHEREAS, the Bonds are redeemable in any order of their numbering on June 1, 2009 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and WHEREAS, it is deemed necessary and advisable that $9,220,000 of the Bonds be so redeemed on July 1, 2009, and notice of redemption be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That outstanding Sewer Revenue Bonds, Series 2000, dated October 1, 2000, in the principal amount of $9,220,000, be and the same are hereby redeemed as of July 1, 2009. The City Controller is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be sent, by ordinary mail, to the registered bondholders. -6- Section 2. The City Controller is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed bonds to the date of redemption. Section 3. That the form of such notice be substantially as follows: -7- NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the bonds described below have been called for redemption. Owners of the bonds should present their bonds for payment on the redemption date. Issuer: Iowa City, Iowa Original Issue Amount: $12,000,000 Bond Issue: Sewer Revenue Bonds, Series 2000 Dated Date: October 1, 2000 Redemption Date: July 1, 2009 Redemption Price: Par, plus accrued interest Bonds Called for Redemption CUSIP Bond Principal Interest Maturity Numbers Numbers Amount Rate July 1st 462362 HV9 10 $375,000 5.125% 2010 462362 HW7 11 $395,000 5.125% 2011 462362 HXS 12 $415,000 5.125% 2012 462362 HY3 13 $435,000 5.250% 2013 462362 HZO 14 $460,000 5.250% 2014 462362 JA3 15 $485,000 5.250% 2015 462362 JB 1 16 $510,000 .5.300% 2016 462362 JC9 17 $540,000 5.375% 2017 462362 JD7 18 $570,000 5.375% 2018 462362 JF2 19 $605,000] 5.375% 2020 462362 $640,000] #1 5.375% 2020 462362 JL9 20 $675,000] 5.500% 2025 462362 $715,000] 5.500% 2025 462362 $755,000] #2 5.500% 2025 462362 $800,000) 5.500% 2025 462362 $845,000] 5.500% 2025 # 1 Term Bond due July 1, 2020 #2 Term Bond due July 1, 2025 -8- No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Bonds. The above bonds should be presented to the City Controller, City Hall, 410 East Washington Street, Iowa City, Iowa, 52240-1826. This represents a full call of the callable outstanding obligations. All interest will cease to accrue on the Redemption Date. CITY CONTROLLER, Iowa City, Iowa (End of Notice) -9- PASSED AND APPROVED this 6th day of April 2009. ~~ ATTEST: City erk -10- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 9th day of April , 2009. City rk, Iowa City, Iowa SEAL 610423.1 \W P 10714.093 ~1-~~ ~ ~ u April 6, ,2009 The City Clerk of Iowa City, Iowa, met in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 10:00 o'clock A .M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the notes to the best and most favorable bidder for cash, subject to approval by the City Council at 7 :00 o'clock P .M. on the above date. The following persons were present: Kevin O'Plalley, Marian Karr, Cyndi Ambrose Jon Burmeister ******~* -1- This being the time and place for the opening of bids for the sale of $ In , ~ ~n _ nnn Water Revenue Refunding Capital Loan Notes, Series 2009B, the meeting was opened for the receipt of bids for the notes. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were- opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Hutchinson, Shockey, Erley & Co. Chicago, IL Robert W. Baird & Co., Inc. Milwaukee, WI 4. The best bid was determined to be as follows: Name & Address of Bidder: Hutchinson, Shockey, Erley & Co. of Chicago, IL Net Interest Cost: $ 3,973,926.78_ . True Interest Rate: 4.023867 All bids were then referred to the Council for action in accordance with the Notice of Sale. -2- April 6 ,2009 The City Council of Iowa City, Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at ~ : 00 o'clock P .M., on the above date. There were present Mayor Bailey , in the chair, and the following named Council Members: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Absent: None ******* -3- ~ ~ Council Member Hayek introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $10,130,000 -WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009B" and moved its adoption. Council Member Wilburn seconded the motion to adopt. The roll was called and the vote was, AYES: O'Donnell, Wilburn, Wright, Bailey., Champion, Correia, Hayek NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 09-108 RESOLUTION DIRECTING SALE OF $ 10 ,130 , 000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009B WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the notes described as follows and the best bid received is determined to be the following: $ 10 ,130 , 000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009B Bidder: Hutchinson, Shockey, Erley & Co. of the terms of the bid being: Chicago, IL Purchase Price: $ ~ 0 ,._340 , 828 05 True Interest Rate: 4.023867 Net Interest Cost $ 3,973,926.78 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -4- Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section 2. That the statement of information for bidders and the form of contract for the sale of the notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That all acts of the Clerk done in furtherance of the sale of the notes are hereby ratified and approved. PASSED AND APPROVED, this 6th day of April , 2009. ATTEST: City Cle -5- ~'~ 20 Council Member Wright introduced the following Resolution entitled "A RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING WATER REVENUE BONDS, SERIES 2000, OF THE CITY OF IOWA CITY, IOWA, DATED DECEMBER 1, 2000, AND DIRECTING NOTICE BE GIVEN" and moved its adoption. Council Member Champion seconded the motion to adopt. The roll was called and the vote was, AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia, Hayek NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 09-109 RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING WATER REVENUE BONDS, SERIES 2000, OF THE CITY OF IOWA CITY, IOWA, DATED DECEMBER 1, 2000, AND DIRECTING NOTICE BE GIVEN WHEREAS, the City did by resolution dated November 21, 2000, authorize the issuance of $13,000,000 Water Revenue Bonds dated December 1, 2000; and WHEREAS, the Bonds are redeemable in any order of their numbering on July l; 2009 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and WHEREAS, it is deemed necessary and advisable that $9,895,000 of the Bonds be so redeemed on July 1, 2009, and notice of redemption be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That outstanding Water Revenue Bonds, dated December 1, 2000, in the principal amount of $9,895,000, be and the same are hereby redeemed as of July 1, 2009. The City Controller is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail. -6- Section 2. The City Controller is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed bonds to the date of redemption. Section 3. That the form of such notice be substantially as follows: -7- NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the bonds described below have been called for redemption. Owners of the bonds should present their bonds for payment on the redemption date. Issuer: Iowa City, Iowa Original Issue Amount: $13,000,000 Bond Issue: Water Revenue Bonds, Series 2000 Dated Date: December 1, 2000 Redemption Date: July 1, 2009 Redemption Price: Par, plus accrued interest Bonds Called for Redemption CUSIP Bond Principal Interest Maturity Numbers Numbers Amount Rate July 1st 462380 DK9 10 $400,000 5.000% 2010 462380 DL7 11 $420,000 5.000% 2011 462380 DMS 12 $445,000 5.125% 2012 462380 DN3 13 $470,000 5.150% 2013 462380 DP8 14 $495,000 5.200% 2014 462380 DQ6 15 $520,000 .5.300% 2015 462380 DR4 16 $550,000 5.375% 2016 462380 DS2 17 $580,000 5.400% 2017 462380 DTO 18 $615,000 5.450% 2018 462380 DVS 19 $645,000] 5.500% 2020 462380 685 000 #1 5.500% 2020 462380 EAO 20 $725,000] 5.625% 2025 462380 $765,000] 5.625% 2025 462380 $810,000] #2 5.625% 2025 462380 $860,000] 5.625% 2025 462380 $910,000] 5.625% 2025 #1 Term Bond, due July 1, 2020 in the amount of $1,330,000. #2 Term Bond, due July 1, 2025 in the amount of $4,070,000. -8- No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Bonds. The above bonds should be presented to the City Controller, City Hall, 410 East Washington Street, Iowa City, Iowa, 52240-1826. This represents a full call of the callable outstanding obligations. All interest will cease to accrue on the Redemption Date. CITY CONTROLLER, Iowa City, Iowa (End of Notice) -9- PASSED AND APPROVED this ATTEST: City erk 6th day of April ,2009. My -10- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 6th day of April , 2009. City Jerk, Iowa City, Iowa SEAL 610408. I \WP 10714.094 PARITY Bid Form Upcoming Calendar Overview :Result Excel Hutchinson, Shockey, Erley & Co. -Chicago ,IL's Bid Iowa City $10,130,000 Water Revenue Refunding Capital Loan Notes, Series 20096 Page 1 of 2 ~ ~;,. For the aggregate principal amount of $10,130,000.00, we will pay you $10,340,828.05, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate(s): Maturity Date Amount $ Coupon 07/01/2010 415M 4.0000 07/01 /2011 480M 4.0000 07/01 /2012 500M 4.0000 07/01/2013 515M 4.0000 07/01/2014 535M 4.0000 07/01/2015 550M 4.0000 07/01 /2016 575M 4.0000 07/01/2017 600M 4.0000 07/01/2018 625M 4.0000 07/01/2019 650M 4.0000 07/01 /2020 685M 4.2500 07/01/2021 720M 4.5000 07/01/2022 755M 4.5000 07/01 /2023 795M 4.5000 07/01/2024 840M 4.5000 07/01/2025 890M 4.5000 Total Interest Cost: $4,184,754.83 Premium: $210,828.05 Net Interest Cost: $3,973,926.78 TIC: 4.023867 Time Last Bid Received On:04/06/2009 9:56:52 CDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Hutchinson, Shockey, Erley & Co., Chicago , IL Contact: Jlm VanMetre Title: Telephone:312-443-1550 Fax: 443--72-25 Issuer Name: City of Iowa City Accepted By: Company Name: Accepted By: https://www.newissuehome.i-deal.com/Parity/asp/main. asp?frame=content&page=parityBidform&customei=... 4/6/200' PARITY Bid Form Upcoming Calendar ~ Overview ~ Result ~ F~ccel Robert W. Baird & Co., Inc. -Milwaukee ,WI's Bid Iowa City $10,130,000 Water Revenue Refunding Capital Loan Notes, Series 20096 Page 1 of 2 '~~..- For the aggregate principal amount of $10,130,000.00, we will pay you $9,987,514.15, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate(s): Maturity Date Amount $ Coupon 07/01/2010 415M 3.0000 07/01/2011 480M 3.0000 07/01/2012 500M 3.0000 07/01/2013 515M 3.0000 07/01 /2014 535M 3.2500 07/01 /2015 550M 3.5000 07/01/2016 575M 3.7500 07/01/2017 600M 4.0000 07/01/2018 625M 4.0000 07/01/2019 650M 4.0000 07/01/2020 685M 4.0000 07/01/2021 720M 4.2500 07/01/2022 755M 4.3750 07/01/2023 795M 4.5000 07/01 /2024 840M 4.6250 07/01 /2025 890M 4.8500 Total Interest Cost: $4,098,367.95 Discount: $142,485.85 Net Interest Cost: $4,240,853.80 TIC: 4.375205 Time Last Bid Received On:04/06/2009 9:59:51 CDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Robert W. Baird & Co., Inc., Milwaukee , WI Contact: Drew Kanyer Title: Telephone:414-765-7331 Fax: Issuer Name: City of Iowa City Company Name: Accepted By: Accepted By: horn: //www.newissuehome. i-deal. com/P arity/asp/main. asp?frame=content&page=parityBidform&customer =... 4/6/200' 19 Council Member _ introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 20098" and moved its adoption. Council Member - seconded the motion to adopt. The roll was called and the vote was, 1 A NAYS: Whereupon, the Mayor de~lared the following RESOLUTION DIRE ING SALE WATER REVENUE RE DING NOTES, SERIES 20098 WHEREAS, pursuant to notice as req~ public sale for the notes described as follows the following: $ WATER REVI~i CAPITAL LOAN NOTE , S Bidder: the terms of the bid being: Purchase Price: $ True Interest Rate: Net Interest Cost $ lution duly adopted: AL LOAN law, bids have been received at best bid received is determined to be REFUNDING DES 20098 NOW, THEREFORE, BE IT RESC~L,VED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: / of -4- Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section hat the statement of information for bidders and the form of contract for the sale of the no are hereby approved and the Mayor and Clerk are au orized to execute the same on beha of the City. Section 3. That all acts o e Clerk done in furtherance of e sale of the notes are hereby ratified and approved. PASSED AND APPROVED, this ~_ day of Mayor ATTEST: City Clerk 2009. -5- M~ 2~ Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-110 RESOLUTION APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE IOWA CITY WATER WORKS PRAIRIE PARK SCULPTURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art Program provides for investment in public art; and WHEREAS, the Public Art Advisory Committee determined that artwork located at the Water Works Prairie Park would be the next focus of the Public Art Program; and WHEREAS, the Public Art Advisory Committee considered the work of a number of national and local artists and, at their September 4, 2008 meeting, decided to recommend the commission the artwork from local artist Dale Merrill of Liberty Iron Works Inc. of Mt. Vernon; and WHEREAS, on March 10, 2009, the City Council approved an agreement with Dale Merrill of Liberty Iron Works Inc. for the design and fabrication of a proposed sculpture; and WHEREAS, in light of the recent financial recession and resulting City budget constraints, the City and Mr. Merrill have agreed to defer the timing of the construction and installation of the art work for up to two (2) years, to April 8, 2011, have also agreed to terms and conditions for termination of the original agreement and have agreed to compensation for Mr. Merrill, if, in the sole determination of the City, the Agreement for the art work is terminated; and WHEREAS, the City and Mr. Merrill wish to memorialize their agreement in a First Amendment to the Original Agreement, the terms of which include that, if the project is not constructed, Mr. Merrill will be compensated by two separate fiscal year payments of $5,000 to reflect his efforts to date, and, if the project is constructed, those. sums will go toward the total purchase price of $80,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The First Amendment to the Original Agreement between the City of Iowa City and artist Dale Merrill of Liberty Iron Works Inc. for the design, fabrication, and the installation of the sculpture at the Water Works Prairie Park, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement. Passed and approved this 6th day of ATTEST: 20~_ Resolution No. 09-i i0 Page 2 It was moved by Champion and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek g O'Donnell x Wilburn ~ Wright wpdata/glossary/resolution-ic.doc FIRST AMENDMENT TO ORIGINAL CITY OF IOWA CITY PUBLIC ART PROGRAM IOWA CITY WATER WORKS PRAIRIE PARK SCULPTURE AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS FIRST AMENDMENT TO ORIGINAL AGREEMENT is made on ~ between the City of Iowa City, hereinafter referred to as the OWNER, and Liberty Iron Works, Inc. represented by Dale Merrill, owner, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the OWNER, on the recommendation of the COMMITTEE, on March 10, 2009, entered into an Original Agreement with the ARTIST that accepted the proposal for a sculpture consisiting of three (3) polished aluminum rotating leaves to be installed at the Iowa City Water Works Prairie Park hereinafter referred to as ART WORK. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). WHEREAS, due to the recent economic recession and resulting City budget constraints, the OWNER and ARTIST have agreed to defer the timing of the construction and installation of the ART WORK and have also agreed to terms and conditions for termination of the Original Agreement and compesnation to the ARTIST if, in the sole determination of OWNER, the Original Agreement for the ART WORK is conclusively terminated. NOW, THEREFORE, in consideration contained herein, the parties agree to this Firs follows, with the following specific provisions of follows: of the mutual promises and undertakings t Amendment to the Original Agreement as the Original Agreement being amended as Article 1. Scope of Services 1.2 Execution of the Work a. If the Original Agreement is not terminated by OWNER per the provisions of Article 9 of this First Amendment on or before April 8, 2011, or OWNER officially ratifies its intent to proceed with the fabrication and installation of the Art Work under the amended Original Agreement prior to that date, the ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for completion of fabrication and installation of the ART WORK, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER'S REPRESENTATIVE. After written approval of the schedule by the OWNER'S REPRESENTATIVE, the ARTIST shall fabricate, transport and consult with the OWNER'S REPRESENTATIVE on the installation of the ART WORK in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. e. Installation of the completed sculpture shall occur no later than September 30, 2011. 2 1.5 Final Acceptance a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Article 1 have been completed in substantial conformity with the Proposal. This date shall be no later than September 30, 2011. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay the ARTIST a fixed fee not to exceed Eighty-Thousand dollars ($80,000) which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST under the amended Original Agreement. Expenses shall include all travel and lodging required for the ARTIST to fulfill his obligations under this contract. The fee shall be paid in the following installments, with each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: a. $5,000 by July 1, 2009. b. $5,000 by July 1, 2010. c. If the OWNER has not terminated the Original Agreement per the provisions of Article 9 of the First Amendment on or before April 8, 2011, OWNER shall pay ARTIST $30,000 within thirty (30) calendar days, or May 8, 2011. d. If the OWNER has not terminated the Original. Agreement per the provisions of Article 9 of the First Amendment on or before April 8, 2011, OWNER shall pay ARTIST $40,000 within thirty (30) calendar days of the determination of OWNER'S REPRESENTATIVE that the sculpture is completed, has been properly installed and accepted by the OWNER'S REPRESENTATIVE but no earlier than July 1, 2011 (unless otherwise mutually agreed to in writing by the parties). e. In the event the ARTIST demonstrates, to the OWNER'S satisfaction, a minimum ten percent (10%) increase in the cost of material to be used in the sculpture, the parties agree to renegotiate the scale of the sculpture to absorb the increased cost of the material to be used in the sculpture attributable to the delay in proceeding with the contract, with the overall fixed-fee of Eighty Thousand Dollars ($80,000) remaining as full and final compensation under this article. Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5.1, if the OWNER terminates the Original Agreement per the provisions of Article 9 of this First Amendment on or before April 8, 2011, the ARTIST retains all rights to the ART WORK under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK as reflected in the proposal, including the rights to make any additional duplicate reproductions of the final ART WORK as well as the right to grant permission to others to do. However, if the OWNER does not terminate the Original Agreement per the provisions of Article 9 of this First Amendment on or before April 8, 2011, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C. 101 et seq., along with all other rights in the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall ARTIST grant permission to others to do so except with written permission of OWNER. If the Original Agreement is not terminated by OWNER under the provisions of Article 9 of this First Amendment, the ARTIST grants to the OWNER and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. Article 9. Termination The OWNER shall have the right to terminate the Original Agreement under the terms of this First Amendment by April 8, 2011, in its sole discretion and without cause. If OWNER terminates said Original Agreement under the terms of this First Amendment, OWNER shall notify ARTIST in writing of said termination by April 8, 2011, which notice may be delivered to ARTIST electronically or by U.S. Mail, which notice shall be effective upon transmission by OWNER. If OWNER terminates said Original Agreement under this Article of this First Amendment, each of the $5,000 payments outlined in Article 2.1(a) and (b) shall, if not already paid, be due, owing and payable to ARTIST, who shall have the right to retain each such payment. Further, if OWNER terminates the Original Agreement by April 8, 2011, the ARTIST shall retain all rights in the proposal and artwork as outlined in Article 5.1. If the OWNER does not terminate the Original Agreement under the terms of this First Amendment by April 8, 2011, the parties shall proceed to fulfill their rights and obligations under the Original Agreement and this First Amendment, and each of the $5,000 payments, if already made to ARTIST, shall be applied to the not to exceed fixed fee of $80,000 for the ART WORK as outlined in Article 2.1 of this First Amendment, and all other payments shall be made in accordance with Article 2.1 of this First Amendment. All other terms regarding termination as contained in the Original Agreement shall remain in full force and effect unless specifically amended in this First Amendment. Article 12. Original and First Amendment Constitute Entire Agreement The Original Agreement and this First Amendment embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein. The parties hereto acknowledge and agree that only those articles from the Original Agreement specificially called out and amended by this First Amendment have been amended, and all other terms and conditions as outlined in the parties' Original Agreement executed on or about March 10, 2009 shall continue in full force and effect. Dated this 6~' day of April, 2009. ARTIST Lib on Works, Inc. -Dale rrill, Owner OWNER ~-- a D. Bailey, Ma or ATTEST ~~~~ ~ ~~ Marian K. Karr City Clerk DALE ~J. SCULPTURE ~~ l~ ~ i MERRILL fN METAL ~/ater,n,or~CS ~'rairie SculP~ure ~'roPosa~ Artist: Dale ~. Merri-l, Liberty Iron Works, Inc. Mt. ~/emon, Iowa Commissioned 6y: -owa City Pu61ic Art Committee, ~ity Qf Iowa City Installation Site: Water Works )'rairie green space. Description: Three piece series abstract Kinetic Tree Sculptures. ~,arge scale sculptures designed to have random wind driven movement. ~ach sculpture to have an upper "foliage" element which revolve around the "trunk" like base. ~aterials: Sculpture bases to 6e ~a6ricated ~rom welded Structural Steel tubing. The top elements to be ~a6ricated from both polished Aluminum and Stainless Steel. Scale: Three sizes 40{t, 32 {t, 24 {t ~udget: $80,000 total ~f otes: Artist responsible for complete sculpture design and build ,transportation and installation at site. Installation to include the (3) individual concrete footings and electrical rough in design {-or future solar (ightinggroup. `jolar lighting and installation by others. a' ', ;;. :; ~, •'' ,~. `/ / \ \l I/ \~ ~~ ~<1 i. ~ater~or~CS ~'rairie ,~cu~~ture ~.~. r i ~~ ~ ~~.®~ ~ui1i ~ ®.~~ DATE: 4/6/2009 CITY OF IOWA CITY MEMORANDUM TO: City Council FROM: Sarah E. Holecek, First Assistant City Attorney RE: MINOR ADDITIONAL REVISION TO SCULPTURE CONTRACT WITH DALE MERRILL Since your City Council packet for tonight's meeting was distributed, Mr. Merrill and his attorney have identified one additional concern regarding the potential for atwo-year delay in the project with the price of the sculpture remaining at the previously fixed sum of $80,000. Specifically, the artist is concerned that the price of materials may significantly increase during the period of delay, and therefore wished to include some provision to address that contingency. We have agreed on the following additional language to be included in Article 2.1, Fixed Fee, as subparagraph "e", as follows: e. In the event the ARTIST demonstrates, to the OWNER'S satisfaction, a minimum ten percent (10%) increase in the cost of material to be used in the sculpture, the parties agree to renegotiate the scale of the sculpture to absorb the increased cost of the material to be used in the sculpture attributable to the delay in proceeding with the contract, with the overall fixed-fee of Eighty Thousand Dollars ($80,000) remaining as full and final compensation under this article. This provision will provide the artist some protection in the event of a significant change in the price of materials over the time that the project is deferred while ensuring that the final project cost will not exceed $80,000. In the event of a significant increase in the cost of materials, the City and the artist will renegotiate the size and/or scale of the project so the end product stays within the agreed upon fixed fee. Mr. Merrill has signed the First Amendment to the Original Contract. ~~ FIRST AMENDMENT TO ORIGINAL CITY OF IOWA CITY PUBLIC ART PROGRAM IOWA CITY WATER WORKS PRAIRIE PARK SCULPTURE AGREEMENT BY AND BETWEEN OWNL~ AND ARTIST THIS FIRST AMEND ENT TO ORIGINAL AGREE ENT is made on between the City of Iowa Cit hereinafter referred to as t e OWNER, and Liberty Iron Works, Inc. represented by Dale Merri ,owner, hereinafter referr d to as the ARTIST. The OWNER'S REPRESENTATIVE shall be a Director of the De rtment of Planning and Community Development or his/her desig e. The COMMITT E shall be the Public Art Advisory Committee. WHEREAS, the OWNER, on he recomme ation of the COMMITTEE, on March 10, 2009, entered into an Original Agree nt with th ARTIST that accepted the proposal for a sculpture consisiting of three (3) polishe aluminu rotating leaves to be installed at the Iowa City Water Works Prairie Park hereinafter ferre to as ART WORK. A copy of said proposal as accepted is attached hereto as Exhibit "A' her inafter "Proposal"). WHEREAS, due to the recent economic cession and resulting City budget constraints, the OWNER and ARTIST have agreed to defer t timing of the construction and installation of the ART WORK and have also agreed to ter s a d conditions for termination of the Original Agreement and compesnation to the ARTIS if, i the sole determination of OWNER, the Original Agreement for the ART WORK is co clusively erminated. NOW, THEREFORE, in consider ion of the utual promises and undertakings contained herein, the parties agree to th' First Amend nt to the Original Agreement as follows, with the following specific provis' ns of the Origin Agreement being amended as follows: Article 1. Scope of Services 1.2 Execution of the Work a. If the Original Agreement i not terminated by OWNER pert provisions of Article 9 of this First Amendment on or befo a April 8, 2011, or OWNER offici ly ratifies its intent to proceed with the fabrication and stallation of the Art Work under t amended Original Agreement prior to that date, the RTIST shall furnish the OWNER'S R RESENTATIVE a tentative schedule for completion f fabrication and installation of the ART Vp/ORK, including a schedule for the submission of ogress reports, if any. The schedule muse, be approved by OWNER'S REPRESENTATIVE. After written approval of the schedule by the OWNER'S REPRESENTATIVE, the ARTI T shall fabricate, transport and consult with the OWNER'S REPRESENTATIVE on the ins allation of the ART WORK in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. e. Installation of the completed sculpture shall occur no later than September 30, 2011. 2 1.5 Final Acceptance a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Article 1 have been completed in substantial conformity with the Proposal. This date shall be no later than September 30, 2011. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay the AR IST ($80,000) which shall constitute II materials to be performed and f n Agreement. Expenses shall include a obligations under this contract. The fe installment to represent full and final, provided prior to the due date thereof: a fixed fee not to e: compensation for all fished by the ARTIST travel and lodging req hall be paid in the f n refundable pay ei c ed Eighty-Thousand dollars s, services, expenses, and under the amended Original red for the ARTIST to fulfill his Ilowing installments, with each :for all services and materials a. $5,000 by July 1, 2009. b. $5,000 by July 1, 2010. c. If the OWNER has not terminated the O iginal Agreement per the provisions of Article 9 of the First Amendment on or efore April 8, 2011, OWNER shall pay ARTIST $30,000 within thirty (30) calend ys, or May 8, 2011. d. If the OWNER has not terminated th Origi al Agreement per the provisions of Article 9 of the First Amendment on r befor April 8, 2011, OWNER shall pay ARTIST $40,000 within thirty (30) cal ndar days f the determination of OWNER'S REPRESENTATIVE that the sculptur is complete ,has been properly installed and accepted by the OWNER'S REPR SENTATIVE b t no earlier than July 1, 2011 (unless otherwise mutually agreed t in writing by the arties). Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5 1, if the OWNER terminates a Original Agreement per the provisions of Article 9 of this Firs Amendment on or before Apri 8, 2011, the ARTIST retains all rights to the ART WORK and r the Copyright Act of 1976, 17 .S.C., 101 et. seq., and all other rights in and to the ART W RK as reflected in the proposal, i luding the rights to make any additional duplicate reproduc ons of the final ART WORK as well the right to grant permission to others to do. However, if the OWNER does not terminate the 0 'ginal Agreement per the provisions of Article 9 of this ;first Amendment on or before April 8, 2 1, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C. 101 et seq., along with all other rights in the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall ARTIST grant permission to others to do so except with written permission of OWNER. If the Original Agreement is not terminated by OWNER under the provisions of Article 9 of this First Amendment, the ARTIST grants to the OWNER and its assigns aroyalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. Article 9. Termination The OWNER shall have th` right to terminate the Original A reement under the terms of this First Amendment by April 8, 2011, in its sole discretion nd without cause. If OWNER terminates said Original Agr ement under the terms of this First Amendment, OWNER shall notify ARTIST in writing of sa'd termination by April 8, 2011 which notice may be delivered to ARTIST electronically or by S. Mail, which notice shall a effective upon transmission by OWNER. If OWNER termin es said Original Agreem nt under this Article of this First Amendment, each of the $5,000 ayments outlined in Arti e 2.1(a) and (b) shall, if not already paid, be due, owing and payabl to ARTIST, who shat have the right to retain each such payment. Further, if OWNER term ates the Original Ag Bement by April 8, 2011, the ARTIST shall retain all rights in the proposal nd artwork as outli ed in Article 5.1. If the OWNER does not terminate the Original Agreement nder the terms o this First Amendment by April 8, 2011, the parties shall proceed to fulfill their hts and oblig ions under the Original Agreement and this First Amendment, and each of the ,000 payme ts, if already made to ARTIST, shall be applied to the not to exceed fixed fee of $ 0,000 fort ART WORK as outlined in Article 2.1 of this First Amendment, and all other paym is shall a made in accordance with Article 2.1 of this First Amendment. All other terms regarding termination as contai force and effect unless specifically amended in Article 12. Original and First Amendment C The Original Agreement and this First Amend understanding between the parties hereto, an understandings, oral or written, with reference herein. The parties hereto acknowledge and Agreement specificially called out and amen and all other terms and conditions as outline about March 10, 2009 shall continue in full f r ARTIST Liberty Iron Works, Inc. -Dale Merrill, OWNER er Regenia Bailey, Mayor ATTEST Marian K. Karr City Clerk h the Original Agreement shall remain in full First Amendment. Entire Agreement m nt a odies the entire agreement and d here a no other agreements and o the sub'ect matter hereof that are not merged gree that o ly those articles from the Original d by this Fir Amendment have been amended, in the parties' riginal Agreement executed on or ce and effect. ~~ ~~ i (T -~ "~a ~, f~,.,, +`~ ~~' ~_ :~~`~' - ~ ..._ ~ ~ ~. r °~~~ ~.. ~,; ,. , ~~ ` . ~.. a ~`~ ~. r `~ A; "'.~.. D.o.LE/J. M~RRILL SCUILPTURE IN NAETAL Wa~e~vorks ~'rairie Sc ,artist: Dale J. Merrill, Liberty ~r n Works, ~nc. Commissioned ~y: ~owa City Public rt Corm installation Site: Water Works Prairie gr~en ace. Lure ~'roPosa~ ernon, ~owa City Qf Iowa City Description: Three Piece series abstract i tic Tree Sculptures. Large scale sculptures designed to have random wind driven mov ment. ach sculpture to have an upper ~~foliage" element which revolve around the "trun "like base. Materials: Sculpture bases to be f ricated from wel~ed Structural Steel tubing. The top elements to be fabricated from bo Polished Aluminum a~n~d Stainless Steel. Scale: Three sizes 40ft, 32~(t, 24 ft ~udget: X80,000 total Notes: Artist responsibl for complete sculpture design and build , transportation and ,~ installation at site. ~nst lation to include the (3) individual concrete footings and electrical rough in design for fu ure solar lighting group. Solar lighting and installation 6y others. Page 1 of 1 ~~ Marian Karr From: Kyle Oskvig [incendii.anima@gmail.com] Sent: Friday, April 03, 2009 9:27 PM To: Council Subject: Waterworks Prairie Park Sculpture Ladies and Gentlemen of the Council, I am writing to urge you not to reverse your previous decision in favor of commissioning a sculpture at Waterworks Prairie Park. I work in retail full-time, making less than $20,000 annually, and I think voices like mine are important in refuting one of the canards being tossed about in the swirling public outrage that's blown up concerning the sculpture. Public art is not an idle enjoyment for the rich at the expense of the poor. I earn my living just fine, and don't expect the city or state to do it for me. This sculpture is respresentative of one thing I do expect from a government: expenditure on art and culture. I would be willing and happy to pay my share of the tax moneys needed for the project. Please don't allow shrieks of "recession!" -- from those who have failed to live within their means -- to check Iowa City's continuing tradition of strength in culture and the arts. Thanks, Kyle Oskvig 707 Oakcrest 4/5/2009 A{1 Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-111 RESOLUTION APPROVING SETTLEMENT OF CLAIM. WHEREAS, Mike and Tammy Bauer ("Claimants") have made a claim against the City of Iowa City ("City") with regard to a water main break which caused extensive damage to their property at 2018 Grantwood Street on February 18, 2008; and WHEREAS, on April 29, 2008, City Council approved by Resolution No 08-124 payment of the Bauers' claim for damages directly related to the water main break up to $92,000.00, including all payments made directly to vendors; and WHEREAS, the actual damages suffered by the Bauers have exceeded the previously approved claim reserve of $92,000; and WHEREAS, State Farm Insurance Company has agreed to settle their subrogation claim against the City in this matter; and WHEREAS, the City and the Claimants wish to resolve the claim without litigation; and WHEREAS, the City previously made advance payment to the Bauers in the amount of $40,000.00; and WHEREAS, it is appropriate to approve an additional payment to the Bauers in the amount of $52,418.12 and to State Farm Insurance Company in the amount of $19,572.01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. City Council for the City of Iowa City hereby approves the settlement of said claims as discussed in executive session on April 6, 2009 as being in the best interest of the City of Iowa City and the parties involved, authorizes payments as provided by law, and authorizes the City Attorney to obtain an appropriate release upon completion of payment. 2. Payments to Claimants should be and are hereby approved and authorized in the amount of $52,418.12 payable to Tammy Coverdale-Bauer and Michael Bauer and the amount of $19,572.01 payable to State Farm Fire and Casualty Company. and approvedtliis 6th day of Avril , 20~~ ATTEST: /L/Gz~~~ ~C • `X~~J CLERK ~~foved by (~ / r~l D City Attorney's Office Resolution No. 09-111 Page 2 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Correia x Hayek ~_ O'Donnell ~ Wilburn x Wright EriGCivil LitigatioNBauer, Mike and Tammy/Res Approving Final Payment