The URL can be used to link to this page

Home My WebLink About2009-07-28 ResolutionM~~ 3e 1 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-241 RESOLUTION SETTING PUBLIC HEARING FOR AUGUST 18, 2009, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 842 LONGFELLOW COURT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 842 Longfellow Court, Iowa City; and WHEREAS, the City has received an offer to purchase 842 Longfellow Court for the principal sum of $156,500; and WHEREAS, this sale would provide the opportunity for aloes-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that:, 1. The City Council does hereby declare its intent to convey a single family home located at 842 Longfellow Court, Iowa City, Iowa, also known as Unit 842 Longfellow Court of Lot 16, Longfellow Manor Condominiums, for the sum of $156,500. Resolution No. 09-241 Page 2 2. A public hearing on said proposal should be and is hereby set for August 18, 2009, at 7:00 p.m., in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x ~- x ~- X x X Passed and approved this Approved by NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright 28th day of City Attorney's Office ATTEST:. .=~ CI ERK M~~ 3e 2 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-242 RESOLUTION SETTING PUBLIC HEARING FOR AUGUST 18, 2009, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 840 LONGFELLOW PLACE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 840 Longfellow Place, Iowa City; and WHEREAS, the City has received an offer to purchase 840 Longfellow Place for the principal sum of $152,000; and WHEREAS, this sale would provide the opportunity for aloes-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 840 Longfellow Place, Iowa City, Iowa, also known as Unit 840 Longfellow Place of Lot 16, Longfellow Manor Condominiums, for the sum of $152,000. Resolution No. 09-242 Page 2 2. A public hearing on said proposal should be and is hereby set for August 18, 2009, at 7:00 p.m., in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by Hyek the Resolution be adopted, and upon roll call there were: AYES: NAYS x x ~_ ~_ X x x ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Passed and approved this 28th day of Approved by .,~~„ c't~ ~' ~ ~ '~~ City Attorney's Office ATTEST: CITY RK _3e(3) Prepared by: Dan Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 09-243 RESOLUTION SETTING A PUBLIC HEARING ON AUGUST 18, 2009, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY09 LANDFILL GRADING 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 18th day of August, 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 28th day of Ju~-y _, 2009. ATTEST: ~-~O CIT .ERK Approved 13~/ City Attorney's Office 7/ ~~~ ~ ~~ Pwe ng\re s1L a n d fi I I G ra nd i ng 0 9. d oc Resolution No. 09-243 Page ~ It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey ~ Champion x Correia _~ Hayek x O'Donnell ~_ Wilburn x Wright wpdata/glossary/resolution-ic.doc rv~l-1~ 3e 4 Prepared by: Dave Panos, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 09-244 RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE SYCAMORE STREET FROM LANGENBERG AVENUE TO DEFOREST AVENUE IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING ON SEPTEMBER 15, 2009. WHEREAS, under the provisions of Sections 66.2A and 6B.2B of the Iowa Code, a governmental body which proposes to acquire property under power of eminent domain fora public improvement project is required to give notice of intent to commence the project to all property owners whose properties may be acquired in whole or in part for the project; and WHEREAS, the City Council of the City of Iowa City intends to commence a project to construct the Sycamore Street from Langenberg Avenue to Deforest Avenue Improvement Project, which includes reconstruction of the current rural roadway section from Langenberg Avenue to Burns Avenue with an urban section with PCC pavement, curb and gutter, sidewalk, a new storm sewer system, complete PCC patching from Burns Avenue to Highway 6, and install a new traffic signal system at US Highway 6, which project is to be known as the Sycamore Street from Langenberg Avenue to Deforest Avenue Improvement Project; and WHEREAS, before the City of Iowa City can proceed with said project, the City Council must: a. Hold a public hearing, providing the opportunity for public input on the question of proceeding with the public improvement and on the acquisition or condemnation of property interests for the project; and b. Adopt a resolution declaring its intent to proceed with said project and authorizing the acquisition of .property interests required for the project by negotiation or condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Documentation showing the proposed location of the Sycamore Street from Langenberg Avenue to Deforest Avenue Improvement Project shall be placed on file in the office of the City Clerk and made available for public viewing. 2. A public hearing on the City's intent to proceed with the Sycamore Street from Langenberg Avenue to Deforest Avenue Improvement Project and to acquire property rights therefore is to be held on the 15"' day of September, 2009, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa. City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 3. The Department of Public Works and City Clerk are hereby authorized and directed to cause notice of the City's intent to proceed with said project and authorize the acquisition of property for said project to be mailed and published as required by law with said Notice of Intent to be Resolution No. Og-244 Page 2 in substantially the attached form; said publication to be published in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before .said hearing. Passed and approved this 2sth day of _~u,1yy , 202_• ATTEST: ~'J CI ERK MA Appr ed b ~~~ ~ City Attorney's Office It was moved by Champion and seconded by Hayek 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 pwenglres/sycamoreSt-Improv-7-09.doc 2109 ~~ 3e 5 Prepared by: Mike Moran, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240, (319)356-5100 RESOLUTION NO. na-~45 RESOLUTION SETTING A PUBLIC HEARING ON AUGUST 18, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PHASE ONE -TRAIL DEVELOPMENT OF THE SAND LAKE RECREATION AREA 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 18T" day of August, 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 28th day of ATTEST: ~ --r-~A~ ~ CIT ERK ,~~ .~~ City Attorney's Office ~ (~ Z~ ~ ParksreGreslsetphsandla ketrail.d oc Resolution No. n9-2c-S _ Page 2 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: X. X ~_ x -~ X NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc I~ 3f 1 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 09-246 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF A 0.54 ACRE PARCEL OF LAND ADJACENT TO AUDITOR'S PARCELS 2009048, AT THE INTERSECTION OF LOWER MUSCATINE ROAD AND SYCAMORE STREET IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT-OF- WAY. WHEREAS, the property located at 1807 Lower Muscatine Road, Iowa City, Iowa, is currently owned by Judith Swartzendruber; and WHEREAS, this property will be significantly impacted by the Lower Muscatine Road Reconstruction Project as the City realigns the Sycamore Street and Lower Muscatine Road intersection; and WHEREAS, the Owner desires to voluntarily dedicate the necessary right-of-way to facilitate this Project; and WHEREAS, said right-of-way to be dedicated is depicted on the Road Right-of-way Acquisition Plat, Iowa City, Iowa, attached hereto; and WHEREAS, City Code provides that the City formally accept the dedication of land for right-of-way by resolution; and WHEREAS, the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above-referenced parcel for public right-of-way, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication. Passed and approved this 28th day of "/ / Approved by ~ ,`/ ATTEST: (~ _ ~C~c, ~'~ CIT LERK City Attorney's Office ~/91~~ Resolution No. 09-246 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 X _~ x X Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpd ata/glossary/resolution-ic. doc 07-28-09 M-~ 3f 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 09-247 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3 DUNUGGAN COURT, 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 December 28, 2007, recorded on January 22, 2008, in Book 4256, Page 321 through Page 326, in the Johnson County Recorder's Office covering the following described real estate: Lot 157 in Part IX -Village Green, an Addition to Iowa City, Iowa, according to the plat thereof, recorded in Book 16, Page 3, Plat Records of Johnson County, Iowa WHEREAS, University of Iowa Community Credit Union has refinanced a mortgage to the owner of the property located at 3 Dunuggan Court and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; 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 University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 28th day of Tuly , 20.Q~. ATTEST: 21• _c.~.~,L~ 7 `j fit ~LERK City Attorney's Office Resolution No. 09-247 Page 2 It was moved by Gham~~on and seconded by HaXek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion ~_ Correia x Hayek x O'Donnell x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortaaae which at this time is in the amount of 3 342, and was executed by Elizabeth D. Boal and David A. Boal (herein the Owners), dated December 28, 2007, recorded January 22, 2008, in Book 4256, Page 321 through Page 326, Johnson County Recorder's Office, covering the following described real property: Lot 157 in Part IX -Village Green, an Addition to Iowa City, Iowa, according to the plat thereof, recorded in Book 16, Page 3, Plat Records of Johnson County, Iowa WHEREAS, the Financial Institution proposes to loan the sum of $108,900 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 Mortgage 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 Mortaaae 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 Mortaaae of the City. LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~ ~~ day of ~ l,U~ ~ , 20_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~ ~ 5 h ~` ~ C~~Ra'l~l to me personally known, who being by me duly sworn, did say that he/she is the Lt7D~h p.(~ (,Qi~. of _~ l;R-~ b~NA hat said instrument was signed on behalf of said corporation by au ority of ~ Gits Board of Directors; and that said _11~~~, ~ ~`~~ acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. CtNiISTA NARRIf~T~N C ~ iasion Number ~~qp~ Notary Public in and for a State of Iowa My Commission expires: 5~~~'!I 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. ~4 Dated this ~ day of ~^1 k.~. , 20~. By Attest: ~=_°~ Ci lerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By On this d' _ day of~~~ _ , 20~, before me, the undersigned, a Notary Public in and for the State of lo(iva, personally appeared Q~g ~n i a. .L). l~g i 1 P y 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 (Ordinance) (Resolution) No. O . a~i~~ passed (the Resolution adopted) by the City Council, under Roll Call No. r'----~ of the City Council on the a 8 day of ''~~~. , 20~, and that and Marian K. Karr ackno ledged the execution of the instrumen to be their volunta act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~ s SONDRAE FORT Se7~ ~j~fiG ~ Commission Number 159791 Nota Public in and for the State of Iowa My Commission Expires ry /~^ CITY OF IOWA CITY ' )j 3f 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 09-248 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 1562 DICKENSON LANE, 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 February 12, 1998, recorded on February 27, 1998, in Book 2429, Page 221 through Page 224, in the Johnson County Recorder's Office covering the following described real estate: Lot 86, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, and Plat Records of Johnson County, Iowa. WHEREAS, MidWestOne Bank is refinancing a mortgage in the amount of $61,500 to Sheila Klein of 1562 Dicksenson Lane and is securing the loan with a mortgage covering the improvements to 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 28th day of July . 202_• ATTEST: ~~ IT ERK -~ _~Q ~~~ City Attorney's Office Resolution No. 09-248 Page 2 It was moved by Champion and seconded by xa~~ek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion ~_ Correia ~_ Hayek x O'Donnell x Wilburn ~_ Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of 61 400, and was executed by Greater Iowa City Housing Fellowship (herein the Owners), dated February 12, 1998, recorded February 27, 1998, in Book 2429, Page 221 through Page 224, Johnson County Recorder's Office, covering the following described real property: Lot 86, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, and Plat Records of Johnson County, Iowa WHEREAS, the Financial Institution proposes to loan the sum of $61,500 on a promissory note to be executed by the Financial Institution and Sheila Klein, securing a mortgage covering the improvements on the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortaaae 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 Mortgage 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 a 8 day of ~~~ , 20 0~ CITY OF IOWA CITY By ayor Attest: FINANCIAL INSTITUTION By ~ce ~,~^ ~i~~~~.~ ~• ~~ City erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this -2 ~ day of ~ u ~ , 20~, before me, the undersigned, a Notary Public in and for the State of I a, personally appeared ~ ',a .J. ~~ a and Marian K. Karr, to me personally known, and, who, being by me my sworn, did say t at 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 (Ordinance) (Resolution) No. o~ a~ 8 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the ~-day of ~~~ . , 20~_, and that R ' a D a ;1 and Marian K. Karr ackno ledged the execution of the instrument be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~s SONDRAEFORT S~c~~p _~ ~ Commission Number 159791 My Commission Expires Notary Public in and for the State of Iowa iow a0 LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~ day of V ~ , 20Q~ f re me the undersigned, a Notary Public in and for the State of Iowa, p ovally appeared r6 to me pe sonally ~ own, who bein by II,,,me~~j.(d~uly Qsworn, did say that ~ /she is the ~~ ~, ~QS ~~1~'' l~ of ~~ W~ JJ U~ 1JQlC~ ~ that said instrument was signed on alf f sa' corporation by authority of its Board of Directors; and that said ~, ~ acknowledged the execution of said instrument to be the voluntary act and deed of said corporati , by it and by him/her oluntarily executed. .~ ~~~ Notary P bli in and forth tate of Iowa My Commission expires: ~ 21 ~ ~ ~ ~D~~ ap'PU~~~ siLLHULTGREN~~:~..... ~ v %ommission Number 750515 r ~ M F~+{Y i n x Tres %wP '0 ~ 1 ~ P M~; 3f 4 Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 09-249 RESOLUTION ACCEPTING THE WORK FOR THE LOWER CITY PARK - ELECTRICAL FLOOD REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Lower City Park -Electrical Flood Repair Project, as included in a contract between the City of Iowa City and Neumiller Electric, Inc. of North Liberty, Iowa, dated May 15, 2009, 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 $54,000.00. 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 2sth day of ATTEST: .. ~_ ~ ~~ CIT LERK 20~_. It was moved by Champion and seconded by xayek the Resolution be adopted, and upon roll call there were: AYES: x x X -~ x ~~ ~- Pweng/res/acpiworlk-IwrCityParkElectrical7-09. doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright City Attorney's Office -7 ~~~~ ~ M~ 3f 5 Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 09-250 RESOLUTION ACCEPTING THE WORK FOR THE RIVERSIDE FESTIVAL STAGE -ELECTRICAL FLOOD REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Riverside Festival Stage -Electrical Flood Repair Project, as included in a contract between the City of Iowa City and Gerard Electric, Inc. of Iowa City, Iowa, dated May 1, 2009, 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 $30,950.00. 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~h day of ATTEST: CI `ELERK 20~_ City Attorney's Office %~/~ ~ It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _~_ Champion x Correia x Hayek ~_ O'Donnell ~_ Wilburn g Wright Pwenglres/acptwrk-riversidefestivalstage-electrical7-09.doc 3f 6 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0._09_251 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A PROMISSORY NOTE AND TWO MORTGAGES FOR THE PROPERTY LOCATED IN JOHNSON COUNTY, IOWA. WHEREAS, on December 15, 1993, the owner executed a Promissory Note and a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on July 31, 2008, the owner executed another Mortgage with the City of Iowa City; and WHEREAS, the terms of the loans have been satisfied; 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 in Johnson County, Iowa from a Promissory Note and a Mortgage recorded January 14, 1994, Book 1690, Page 227 through Page 229, and Book 1690, Page 230 through Page 234, and a Mortgage recorded August 13, 2008, Book 4338, Page 462 through Page 466, of the Johnson County Recorder's Office. Passed and approved this 28th day of ,July , 2092. ATTEST: ~-~'r~ cr Tice Resolution No. 09-251 Page 2 It was moved by chamyion and seconded by ua~ak the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey x Champion x Correia _x__ Hayek x O'Donnell x Wilburn ~_ Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 Legal Description of Property: see below Mortgagor(sl: Domestic Violence Intervention Program, Inc. Mortgagee: City of Iowa City RELEASE OF L/ENS The City of Iowa City does hereby release the property in Johnson County, Iowa, and legally described as follows: Property in Johnson County, Iowa: Lot 7, Block 5 of subdivision of portions of Blocks 5 and 6 of Braverman Center, parts 1 and 2, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 19, page 93, Plat records of Johnson County, Iowa. from an obligation of the owner, Domestic violence Intervention program, Inc., to the City of Iowa City represented by a Promissory Note and a Mortgage recorded January 14, 1994, Book 1690, Page 227 through Page 229, and Book 1690, Page 230 through Page 234, and a Mortgage recorded August 13, 2008, Book 4338, Page 462 through Page 466, of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior re ed document. n a // ATTEST:__ ~ ~~ CII~EFiK STATE OF IOWA ) 1 SS: JOHNSON COUNTY 1 Apdu6ved by ~~ ~ r ~~d~ City Attorney's Office On this ~_ day of __ ~±+« _ , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally a geared Regenia D. Bailey 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 the corporation by authority of its City Council, as contained in Resolution No.OY~adopted by the City Council on the ~$___ day _~a~t-. 20 O°i____ and that the said Regenia D. Bailey and Marian K. Karr as such officers - ----' acknowledged the executio of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,~~~ SONDRAE FORT _ Commission Number•159791 5~~~ ~~ My Commission Expires pW c~v/ Notary Public in and for Johnson County, Iowa 07-28-09 ~~ 3f 7 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 1)9-252 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 120 N. DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, on July 18, 2002, the owner executed an Agreement with the City of Iowa City to secure a loan; and WHEREAS, the terms of the Agreement have been satisfied; 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 120 N. Dubuque Street, Iowa City, Iowa from an Agreement recorded July 25, 2002, Book 3343, Page 107 through Page 126 of the Johnson County Recorder's Office. Passed and approved this 28th day of MA ATTEST: ,~'~,~~__~-2~ .. CIT LERK It was moved by Champion and seconded by xaxek the Resolution be adopted, and upon roll call there were: AYES: 20~_ City Attorney's Office ABSENT: NAYS: x Bailey x Champion _~_ Correia g Hayek g O'Donnell x Wilburn X Wright App Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 13191356-5246 Legal Description of Property: see below Mortgagorlsl~ Wesley Foundation Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 120 N. Dubuque Street, Iowa City, Iowa, and legally described as follows: Original Town of Iowa City S 75' of Lot 4 Block 67 from an obligation of the owner, Wesley Foundation, to the City of Iowa City represented by an Agreement recorded July 25, 2002, Book 3343, Page 107 through Page 126 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: /~ c2t«x~ CIT ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) City Attorney's Office On this ~_ day of w~ , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally a eared Regenia D. Bailey 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 the corporation by authority of its City Council, as contained in Resolution No.5~1-~ adopted by the City Council on the ~ day ~u.~ , 20~ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the executio of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~m SONDRA FE ORT ~~ ~~~ _ ~ Commission Number 159781 - My Commission Expires Notary Public in and for Johnson County, Iowa -ow M~ 3f 8 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 09-253 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 221 E. WASHINGTON STREET, IOWA CITY, IOWA. WHEREAS, on February 11, 2004, the owner executed an Agreement with the City of Iowa City to secure a loan; and . WHEREAS, the terms of the Agreement have been satisfied; 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 221 E. Washington Street, Iowa City, Iowa from an Agreement recorded March 2, 2004, Book 3701, Page 602 through Page 618 of the Johnson County Recorder's Office. Passed and approved this 28th day of July , 20 09 ATTEST: Approved by City Attorney's Office It was moved by Champion and seconded by Hayek Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Correia g Hayek x O'Donnell x Wilburn ~_ Wright the Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 Legal Description of Property: see below Mortgagor(sl: Englert Theatre, Ina Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 221 E. Washington Street, Iowa City, Iowa, and legally described as follows: The West 63 feet of Lot 2, Block65, Iowa City, Iowa, together with and subject to easements and restrictions of record. Further, in order to protect the legitimate business interests of the Grantor and its assigns and successors in the operation of motion picture theatres in Johnson County, Iowa, the above described property will not be used as an auditorium or theatre that shows motion pictures on film, electronic or satellite transmission. This covenant shall run with the land for the benefit of the Grantor, its assigns .and successors in interest and shall be binding upon the Grantee as well as heirs, assigns and successors in interest of the Grantee. Nothing herein stated shall prevent an occasional non-commercial film, video, electronic or satellite transmission which is not offered to the general public. from an obligation of the owner, Englert Theatre, Inc., to the City of Iowa City represented by an Agreement recorded March 2, 2004, Book 3701, Page 602 through Page 618 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorde/i ~gcument. ~.r /~ ATTEST: ral~~scJ y~-_!a~ CI--~TtiRK by City Attorney's Office cs3 ~ - (~°5 STATE OF IOWA ) SS: JOHNSON COUNTY I On this _~_._ day of u~, , A.D. 20 D~_, before me, the undersigned, a Notary Public in and for said County, in said State, personally a cared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that thoy 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 the corporation by authority of its City Council, as contained in Resolution No. ~~~~ adopted by the City Council on the ~,~__ day -l u~ 20~_ and that the said Regenia D. Bailey and Marian K. Karr as such ofticers acknowledged the execution of" said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily e ed. o s SONDRAE FORT _ ~ Com~ fission Number 159791 ~~ e C - / - M Commission Ex fires W~AA! p_'~r``D iow 3 aD 1 Notary Public in and for Johnson County, Iowa 3f 9 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 09-254 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 2205 J STREET, IOWA CITY, IOWA. WHEREAS, on October 6, 2006, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on October 31, 2006, the owner executed a Promissory Note with the City of Iowa City; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release the 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 Liens for recordation, whereby the City does release the property located 2205 J Street, Iowa City, Iowa from a Mortgage recorded October 10, 2006, Book 4090, Page 789 through Page 794, and from a Promissory Note recorded November 3, 2006, Book 4099, Page 10 of the Johnson County Recorder's Office. Passed and approved this 28th day of TLS .20112_ ATTEST: ERK ~-(G~o~ City Attorney's Office Resolution No. 09-254 Page _ 2 It was moved by Chamyion and seconded by Ha~e„lj the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek ~_ O'Donnell x Wilburn X Wright Prepared by and return: liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagorls): Donald J. Stucker Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property in Johnson County, Iowa, and legally described as follows: The west half of Lot nine (9) in block (10), in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof from an obligation of the owner, Donald J. Stucker, to the City of Iowa City represented by a a Mortgage recorded October 10, 2006, Book 4090, Page 789 through Page 794, and from a Promissory Note recorded November 3, 2006, Book 4099, Page 10 of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recc ATTEST: ~~~.~n-' ~)Q~ CITY ~ERK STATE OF IOWA ) 1 SS: JOHNSON COUNTY 1 On this a ~ day of ~ ~ ~ , A.D. 20 O~-, before me, the undersigned, a Notary Public in and for said County, in said State, personally geared Regenia D. Bailey 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 the corporation by authority of its City Council, as contained in Resolution No. ~, adopted by the City Council on the ~_ day +. 20~°~_ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution f said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o is SONDRAEFORT So,~,d„~o ~~ Commission Number 159791 My Commission Expires Notary Public in and for Johnson County, Iowa iow a0 City Attorney's Office 3f 10 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 09-255 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH US BANK FOR EIGHT MORTGAGES WITH THE HOUSING FELLOWSHIP. WHEREAS, the City is the owner and holder of a eight (8) mortgages, which secure loans on properties owned by The Housing Fellowship, f/k/a Greater Iowa City Housing Fellowship ("Owner"); WHEREAS, as part of the loan process, Owner and the City have entered into agreements restricting use and sale of the property; WHEREAS, US Bank has loaned Owner the sum of $2.14 million on a promissory note, and the Owner has given US Bank a mortgage covering the properties on which the City has mortgages to secure said loan; WHEREAS, to induce US Bank to make such loan, it is necessary that the City's mortgages and agreements to be subordinated to the lien held by US Bank; and WHEREAS, US Bank requests that the City's mortgages and agreements be subordinate to its loan. 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 a subordination agreement between the City of Iowa City and US Bank in which the City subordinates its mortgages and agreements to US Bank. Passed and approved this 28th day of Approved b ~~ ~~'.J~Z~ ~ -r~20~-L'~ City Attorney's Office Resolution No. 09-255 Page 2 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc ~~' Sc Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5239 (SU609-00004) RESOLUTION NO. 09-256 RESOLUTION APPROVING THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES PARTS SIX TO NINE AND RE-SUBDIVISION OF OUTLOT C OF PART FOUR, IOWA CITY, IOWA. WHEREAS, the owner, Arlington Development, filed with the City Clerk, an application for approval of the preliminary plat of Stone Bridge Estates Part Six to Nine and Re-subdivision of Outlot C Part Four, 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 rights-of-way that serve this development were established in earlier phases of the development under the previous subdivision code, which required 50 feet; and WHEREAS, the Public Works Department has examined the preliminary plat and determined that, except for Thames Drive, it would be impractical to conform with the new subdivision code requirement for 60-foot rights-of-way; 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 other 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 Stone Bridge Estates Parts Six to Nine and Re-subdivision of Outlot C Part Four, 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 28th day of ATTEST: ` CITY °tERK r~hrNi v v ~.v v~ ~~ City Attorney's Office 7 ~a~oq s\pcd\sub-09-00004 -pp- resolution.doc Resolution No. 09-256 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Hayak O'Donnell Wilburn Wright `~ G STAFF REPORT To: Planning & Zoning Commission Prepared by: Sarah Walz Item: SUB09-00004 Date: July 16, 2009 Stone Bridge Estates Part 6-9 and Re-Subdivision of Outlot C. GENERAL INFORMATION: Applicant: Applicant: Arlington Development, Inc. 1486 S 1st Ave, Unit A, Iowa City, IA 52240 (319) 338-8058 John-arlington@gwest.com Contact Person: John Moreland Requested Action: Subdivision Preliminary Plat Purpose: Development of a 102-lot residential subdivision Location: South of Lower West Branch Road, north of Court Street and west of Huntington Drive Size: Approximately 36.32 acres Existing Land Use and Zoning: OPD-5 Surrounding Land Use and Zoning: North: Undeveloped, County residential - R South: Residential - RS-5, OPD-8 East: Undeveloped and Multi-family Residential - ID- RS and RM-12 West: Residential - RS-5, OPD/RM-12 Comprehensive Plan: Low Density Residential Neighborhood Open Space District Lower West Branch File Date: June 25, 2009 45 Day Limitation Period: August 10, 2009 SPECIAL INFORMATION: Public Utilities: Sanitary Sewer can be extended from neighboring Iowa City subdivisions on the west and south. 2 Public Services: BACKGROUND INFORMATION: The City will provide Police and Fire protection, and refuse and recycling collection services. The transit route Eastside Express serves the proposed subdivision with a stop along Ashford Place. The applicant, Arlington Development, Inc., is requesting approval fora 102-lot, single-family residential subdivision with three outlots, on approximately 36.32 acres of land located south of Lower West Branch Road, north of Court Street, and west of Huntington Drive. Previously a preliminary plat, which included parts Five through Nine, was approved (2006), however the plat expired in 2008 with only Part Five (the south and west portion of the development) having an approved final plat. The applicant is now seeking to have the remainder of that preliminary plat reapproved. Therefore, the subdivision regulations adopted in September 2008 apply to the plat. ANALYSIS: Compliance with Comprehensive Plan: The property is located within the Lindemann Hills Neighborhood of the Northeast Planning District. The Northeast District Plan adopted in 1999 identifies this area as suitable for low density residential development. The plan envisions a compact neighborhood with interconnected streets and sidewalks that provides efficient vehicular traffic and safe and pleasant pedestrian movement. The plan outlines Neighborhood Planning Principles to achieve such development and 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 the development and environmentally 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. A portion of this land immediately north of Court Street was previously reserved for the Iowa City School District. As the school district has decided not to pursue the plan to develop a school, the right to develop this land has reverted back to the applicant. Zoning and Subdivision Design: The property contains sensitive areas including adrainage-way-south branch of the Ralston Creek, hydric soils, areas with steep and critical slopes, and remnants of an old stone railway bridge. As part of the development the applicant proposes to re-grade most of the critical and steep slopes. As per the Sensitive Areas Ordinance (SAO) a Level II Sensitive Areas Review is required if more than 35% of the critical slopes on a property are disturbed. The Level II review is considered as a planned development and therefore a Planned Development Overlay zoning was required for the property at the time of the original preliminary plat review. The applicant has submitted a Sensitive Areas Development Plan delineating the sensitive areas and a Grading and Erosion Control Plan. The applicant reports that the areas steep and critical slopes are man-made slopes that were created to allow terrace farming. The applicant is not proposing to disturb any other sensitive areas and is providing erosion control measures and drainage for the areas with hydric soils as per requirements. The existing OPD plan allows for a development with a maximum density of five dwelling units per acre and a minimum lot area of 8,000 square feet. The applicant is proposing a subdivision with lot areas ranging from approximately 8,000 square feet to 24,493 square feet, with most lots falling PCD\Staff Reports\sub09-00004 stonebridgepart6-9-Prelim.doc 3 between 8,000 and 9,500 square feet. All the lots in the proposed subdivision meet the minimum standards for lot size and lot frontage. The street and sidewalk network design proposed (discussed in following sections of the report) is generally consistent with the subdivision regulations. The subdivision development is compatible with the zoning and development pattern of the land adjacent to this property. The outlots follow the path of the creek with Outlot B to be dedicated to the City to fulfill the neighborhood open space requirement (1.75 acres) and includes the old stone bridge. Outlots A, C, D, and E will be set aside as open spaces to be owned and maintained by a homeowner's association, but a public access easement will allow the public to use the trails. These open spaces protect the sensitive areas-stream corridor and its associated buffers-and if designed and developed with appropriate landscaping elements will provide the neighborhood with space for trail connections. A Conditional Zoning Agreement (CZA) was signed at the time of annexation and rezoning for this property. The CZA requires that development of the property is planned in accordance with the neighborhood design policies of the Northeast District Plan and retention of the stone bridge is ensured in a manner that the provides public access to the feature. The Northeast District Plan encourages trails for recreational purposes and also to provide an alterative to automobile travel and neighborhood connections. To fulfill the CZA conditions, and district plan goals, an 8-foot wide trail extending from Court Street in the south up to the proposed neighborhood open space in the north is shown along the creek. Eventually when the adjacent property on the east is developed the trail will be extended further north providing a connection between the existing Windsor Ridge Trails and Lower West Branch Road. If it is structurally feasible, the old stone bridge may be used as a pedestrian bridge over the creek. The trail is to be built by the applicant owner with an easement to allow public access for its entire length. The neighborhood street and sidewalk network for the proposed subdivision is shown with a connection at Thames Drive. The subdivision regulations require that all streets, sidewalks, and trails should connect to other streets, sidewalks, and trails. For this reason, staff believes the applicant should construct a second trail connection across Outlot B (future public open space). Staff recommends that the connection should be placed along the sewer easement, as a sort of mid-block access point (approximately 600 feet north of Thames). The proposed plat shows this recommended trail connection. The CZA also required $6,424.44 per acre for Stone Bridge Estates (a total of $133,564.00) be paid at the time of final plat approval for any of the land north of the midway point between Court Street and Lower West Branch Road. Part 7 is the first part of the subdivision that is north of the midway point so with the final plat of Part 7 or other parts north, the applicant must pay the $133,564. When Lower West Branch Road was included in the CIP it was to allow the rezoning and development of this and other properties along the road. The City rezoned these properties on the condition that Lower West Branch Road be in the CIP and that the developer contribute their fair share to road construction. Lots 126 through 130 along Lower West Branch Road are double fronting lots. Such lots are PCD\Slaff Reports\sub09-00004 slonebridgepart6-9-prelim.doc 4 discouraged by the Comprehensive Plan and the subdivision regulations. If the lots cannot be reconfigured to eliminate double frontage, the Comprehensive Plan states that dense landscape buffer or earthen berm should be provided rather than installing a privacy fence. A landscaped buffer is shown on the plat along Lower West Branch Road. These trees are to be planted by the applicant owner prior to the issuance of any building permits for these lots. If any fences are installed along the streets, they should be installed to the south side of the landscape buffer along Lower West Branch Road. The final plat and legal papers should specify the requirement regarding the fences and the landscape buffer. Traffic implications: Staff estimates that with entire development, including Part Five, will generate approximately 1000 vehicle trips per day. The proposed subdivision can be accessed from Lower West Branch Road, Court Street, and neighborhood streets-Chadwick Lane and Eversull Lane-from the adjacent subdivision Stone Bridge Estates Part 3 and Part 4 on the west. The property has close proximity to Taft Avenue, an arterial street on the east. The proposed subdivision will also be served by Arlington Drive, Colchester Drive, Liverpool Lane, Nortofk Road, Thames Drive, Ashford Place, and Whitechapel Drive. The new subdivision regulations adopted in 2008 require 60-foot rights of way with 5-foot sidewalks. The original preliminary plat reviewed in 2006 relied on 50-foot rights of way. Because portions of the roads connecting into the subdivision from the east and south (Colchester and Arlington Drives and Chadwick Lane) have already been constructed using the old 50-foot standard with 4-foot sidewalks, Staff believes it is reasonable to continue development of these roads as well as the one- block length of Norfolk Road (see lots 76-79) and Liverpool Lane (see lots 38-41) with the 50-foot requirement, however Thames Drive, which connects to undeveloped land to the east should be built to the 60-foot standard, including the 5-foot sidewalk standard. Note that an 8-foot sidewalk will be constructed on the south side of Thames to provide across-creek connection for the trail system. Storm water management: The applicant is providing onsite storm sewer infrastructure to convey the storm water to the creek which carries the 100-year storm run-off to the public storm water management facility-Scott Park Detention Areas on the south branch of the Ralston Creek. No separate storm water management facility on the property is required. Infrastructure fees: As noted above, the CZA agreed upon at the time of the original rezoning requires $6,424.44 per acre for Stone Bridge Estates (a total of $133,564.00) be paid at the time of final plat approval for any of the land north of the midway point between Court Street and Lower West Branch Road. Part 7 is the first part of the subdivision that is north of the midway point so with the final plat of Part 7 or other parts north, the applicant must pay the $133,564. The applicant/owner is required to pay a water main extension fee at a rate of $395 per acre for this development. PCD\Staff Reports\sub09-00004 stonebridgepart6-9-prelim.doc 5 STAFF RECOMMENDATION: Staff recommends approval for SUBO9-00004, a preliminary plat and sensitive areas development plan for Stone Bridge Estates Parts 6-9 and re-subdivision of Outlot C (Part 4). ATTACHMENTS: 1. Location Map 2. Aerial View 3. Preliminary Plat and Sensitive Areas Development Plan `~ Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development PCD1Staff Reportslsub09-00004 stonebridgepart6-9-prelim.doc ~ ~~~ I 11 ______..____ _.____._. -------~.-~,r~-.r _ _ ___ ~ ,~ 4 '' ~' ~~- ~~ ~llWl~ 31d2~Od2~0~ J.ll~ `dMdl d0 J.ll~ ' o o o c~ o GQ ~~ I N ~ ~ I L I ~ _ C 4 ~~ I a r-~ i ~ \ -rr- - L.-~~._iT 1 ~ ~ ~ a~ ~ ~ _ - ~~ ~ ,, o _ ~ ~, . ,~ , i ~ ~~ E-" Daod ~~ ' i ,~ i~ i,,\ 17E ' AP D ~ ~ I ~ ~ ~ I C~ i~ ~ i ~ ] TIIH 4311 / ~~ ~ - - ~ . IH D o®.," ~__. ,__._._ - 1..~ ~ ,, 3~~ _. ~ ~~ ~,~ `gip ~ ~ -_ ., *- ~ -- ~ W v 117 ( ~. _ rn aooriaroae a _ -- w m ~ -.. ~ ~ ~-- My~ i bA ' ; ..~ EpNr . r :._.. ~ .. s3 I,' ~ H3ae `- , r -- .•a t .. ~ ~ -- ~ ~ i ~ ~ ~ . ~' i - ~ +.+ ~, ;.__ _d........__ ~ 13NN3N __r- . ... ... .. I _. N ~ -_' .. .~. .__ ~ -y ~ _.. ~... - -~• .. _~ _ ^. - v / j---- ~ ~ O T ~ F _ \ ' e _._ ~ ~,.+•" ~ ^` -- - V 1 "~ ~ r r. .. t.... I O ( ' 1 N i 1 ~ ,^ U " ~ ~ °a r Y _ ~ - - ~ ~ ~ ~ ~- w ` a ~ ~' ,' _ ?~ i r- -` ~ 1 ~.+ ~~ O it ~ 1 ~ H IS ~ ~ ~ PRELIMINARY PLAT & SENSITIVE AREAS DEVELOPMENT PLAN STONE BRIDGE ESTATES - PARTS SIX - NINE & RESUB'D OUTLOT "C" PART FOUR °" ° "'"-'° ~ . IOWA, CITY, IOWA - 1 ~ .sun ~rtaa m a v ~- P4T/PLAN APPROVED 0' I I ,~ r I~~ ~~ i .~ ~...~.~ ~_ ~ ~ w ~ ; ca ors er u. • 1° ~ - ' ~ pTA pTA K«0 ClfY Of IOrifl Clf}' aa[~y'rxmm a xmc a, >tt ~, I;;' :.:~.. ', n,. ..,n rt' ,.'NO,.... .a I umar. uxoaAxx .. _.G l ra ~. ~ '~ ,» ..a . ... a Pax „1 ~~iuNNn n xi •, ~ ~1" "° N u eim q.. olir. o.A ree,o ~ONOie10 SCMETn norm ..s xrowc v, 4~6G s.oe®.z NITR . e~M w iii[ v mnvv uCx wM . ,a' Pw~ a nwq msrt mRA 003 p1A 632N~ r~tm~ri ~~ ~ A anu 1~ ~ ~''a lip-\~~ I nnat $I.I~ J pIA Cm. b. I I I .I . `. r .. _ - -. I '. ~' _ vans. ^::......... ..::::.:,: r ~ n. iwT I r' ~ I I o _ ~ ~ - II -- `~- ~ O ~ I '1'b ~.1 ,;71 all T' ~ s:,:-: i ~ ~r i ~'~ ~ ~ I~~iO 30 - i ~ ~ i I I I I r .. vav ~aAS.ouv i:~.ni iv I -~ I ®1p 31, ~ -- I i .xt~`3 it n""'"w,.i"°'°"xw iNY~ III 1124 y ~ 'III . ~ ANDSCAPE RLRFF.R CROR4 vECT10N OEI'AII ~ II 13 r r ~ j s , I I 123 l I ~ ~ 14L '°"° ""` _ = r ~ 137 31 I I I r~ /135 136. ,i I s III I ~~.`."a" °~~axn...,.,,a "rt :,. 1 I I. r ~ Y I ;I 122 i ~ III 'r ~«.-a~~..... w......,..... a.... m .a~. a 1 / « i •m~~~ ~ ~~ : . J r ~ ~~r 138 i I ~ _ .Y I I I I I~'.' l/ « I 31 ~1 ~ ~ -I. I 8 / • . .,. ~ ~ 117 I I ""'.,.a :.~.._ r RI i , tY ~ ~, J~39 ~ ns_ ng I I , ~ r' I j" I 3 ~ ° y I f 1. OIf~LOT B ~!` L:7 ~~ : ~ ~ -- I :F• ~ ~ I ,~.~' 114 ! is i. _ ,.x „ yp~°~ r~ 1 III I~ ~,; . ~~ ~w~n i -~ ~> trv ~ I I i I I i °' ''j^ ~'~,,. ~ 113 i ~`' .+Q ...; c~" r Iii I~ C -r': R j I ~ « g`~ ' 112 i 31109 10g ~` ~ ~ '~'~ ;~~ ~~ ~ i i i 10 - ' I.~>.~t -f a 111 I I • 1 t @ "~. ~ ~ { ~, ..x ~ ,r ~~"erdP ~ ..~ r ~0 I I 107 I -- _ ....:,.~: d I ~ « _ - ""=-'+ ~~ r/ r 101 I ~ .A 191 i "' I ---. ---; ~~~~ ~ OZ I I 31 -r ; ~ iii ~ - I _ ~ god. I '; 2. i~ _ '~I I i .--~.~---- aj~ ~. ;~I 6s l .I ,@~. toa (a; ~L I ., ; o - I a~' d ~~ I !'t ~ i ,I 7„~ ~' 3i .71. ,~ti' ~..,... . i ~1 I I I 81 ,,~~aa ## I I C _ I ~~ :~4. MTt 1971 r y.3 i I~' ~6 r., Na. NNi. o1..-.., r... ~..~...., )~ - 1 ~ ~ 4 I - - ,~ N ~..a 1x.lwi~.aw m,.~xa oaNi ...... ~• «, ~;^ ~t': .La,~ ~,'.., I 1 ~. r.. ...An ~. ,~; ; ; i'\ 1 v~ ~T 89 • I i ~g 75 i I ' ' ~~ .Q, ": i II ~ ~~' ~1T '~ ~;~ '~:'~~ d ~ ; - `~ ~y_76 a , ,~ anti. If .« /~ ' __ i ~ 40 '9s _ r r ~/ r 6' ~ ' r R. .'~ II ~ aryx~,., ..e.,~. n .. 1 ,, %/ 'I '~ '\ r g~ ~ r r i , ;` I it TflNL DETAIL _ ~~j` ~ 3`,4 r . ~~ ~ ear ' ~ I ~' r :; ~ , I' r , ~ ~ 1~,! I ~ ~..]. !if tii r~ r-- i~ I I I~. . ~~ ~,; Y „ ~ _ ti,- ~7 •1 j OTANONO 1£0[110 AX0 NOTES I •; I , i r _ ~xw / iy __~ _ ' . r ~ ~ __ _ _ s . - .. s =xr ._.' I. _ ,:,_ ,, ~. t:: -- suer y -- .._-- -d-- 1 --'~__- e - -.': _ _ _ __.. I - ~ I ~ __.-_-1 - „_,-__ ___.__.__, -ra ., . , ~. _ __ If ,- - _ pp ~ { g= oooo~y g ~~ ~~~ f ~ ~ aia ~~g i~rym ~t ~~~ ~~ ~ A~ g ~~ht~ ~~~ ~~ 9~ ~~ti d ~ ~ Rio ~~a ~ .uwv~.auiwsmi..o lenxr_mn ~,,.,. .u ar Scale: 1"=200' M +~ 6 Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5047 RESOLUTION NO. 09-257 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY POLICE STORAGE 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: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to 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 2:00 p.m. on the 3`~ day of September, 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 15~' day of September, 2009, or at a special meeting called for that purpose. Passed and approved this 28th day of ATTEST: CITY ERK Pwenglres/app&s-policestorage.doc City Attorney's Office •7/ ~ 7~ ~7<7 Resolution No. 09-257 Page 2 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: X ~_ x X X ~._ NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc ~~ Prepared by: Sue Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-258 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE LEASE WITH MERSCHMAN SEEDS, INC. FOR AN ACCESSWAY FROM MORMON TREK BOULEVARD TO THE AIRPORT. WHEREAS, on February 22, 2008, by Resolution No. 08-50 the City of Iowa City approved a 2 year lease with Merschman Seeds, Inc. to lease a strip of land from Mormon Trek Boulevard to the centerline of the southern end of runway 18/36 at the Iowa City Airport; and WHEREAS, said lease allows access to airport land currently leased by Merschman Seeds, Inc. through February 28, 2010; and WHEREAS, Merschman Seeds, Inc. wishes to extend the lease term for two additional years; and WHEREAS, the Iowa City Airport Commission has approved the extension of the lease term for two additional years; and WHEREAS, it is in the best interest of the public and the City of Iowa City to execute the attached Lease Amendment extending the terms of the original lease to February 28, 2012. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to execute and the City Clerk to attest the attached Lease Amendment with Merschman Seeds, Inc. Passed and approved this 28th day of July , 202_• ATTEST: ~ CITY ERK City Attorney's Office Annen\RES/merschman lease extension.doc Resolution No. 09-258 Page 2 It was moved by Wright and seconded by Hayek 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 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 LEASE AMENDMENT THIS lease amendment is entered into among the City of Iowa City ("City"), the Iowa City Airport Commission ("Commission"), and Merschman Seeds, Inc. ("Merschman") in Iowa City, Iowa. WHEREAS, the City, the Commission, and Merschman entered into a Lease for an accessway from Mormon Trek Blvd. to the southern end of runway 18/36 at the Iowa City Airport ("Leased Premises") for the period of March 1, 2008 to February 28, 2010; and WHEREAS, Merschman wishes to extend the lease term for two additional years. THEREFORE, the parties mutually agree to amend the Agreement as follows: • The first sentence in Paragraph 2 entitled "Term" is deleted in its entirety and the following new sentence is substituted in lieu thereof: The term of this lease shall be from March 1, 2008 to February 28, 2012. • Anew Paragraph 14 is added as follows: 14. No Smoking. Smoking is prohibited in the Leased Area. • All other terms remain in full force and effect. CITY OF IQ~VA CITY Bv: Mayor _ .Till y 7R ~ 7(1(lU Date ATTEST: //(Q-~~~-i 1'S ~~ ~ Marian K. Karr, City Clerk IOWA CITY AIRPORT COMMISSION By: Janelle ettig, airperson July 78 2009 Date ~ ~~ ~9 Date / /, ATTES . Howard Horan, Secretary MERSCHMAN SEEDS, INC. Date By ~, mti/ Date ~ REGENNITTER FARMS, INC. ~w.~ cae~~ Date COMMISSION ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~ day of J hU11.~s , 2009 ,before me, n n, ~, ~~~ L~,r'~ t=~"1 , a Notary Public in and for the State of Iowa, personally appeared Janelle Rettig and Howard Horan, to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson and Secretary, respectively, of the Iowa City Airport Commission; and by authority of said Commission, as contained in Resolution No. A 6R :~I _ passed by said Commission on the _ F~~ _ day of ,w,y, 2009, that Janelle Rettig and Howard Horan acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said Commission, by it voluntarily executed. `l~ Notary Public in and for the State of Iowa ~PP~AI s~ ANNIE PEDERSEN My commission expires: _° ~ COMMISSIO # 142510 MY CO MIS ION EXPIRES ~owA CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~i~_ day of ~e~+- 2009, before me, ~ ond.rt~2. ~~,~-,~ , a ota:y Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Resolution No. og~d$g passed by the City Council on the a ~ day of ~L , 2009, and that Regenia D. Bailey and Marian K. Karr acknowledged the exec tion of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. S o-~.d„~ ~.,p-b ,~q~s SONDRAE FART _ ~ Commission Number 158791 Notary Public in and for the State of Iowa My Commission Expires ow otoi.~- // My commission expires: 3 / 7 /d2t3/ ~ MERSCHMAN ACKNOWLEDGEMENT STATE OF IOWA ) ss: ~ COUNTY) This instrument was acknowledged before me on ~ U l ~ ~ 2009 by e. /1 ~- ~ 1M~ ~hVvtR y1 (name of person) as --~ e' -}- --(~ (type of authority, e.g, officer, trustee, etc.) of Merschman Seeds, Inc. j/JJ/J~f r} /(~(' REYNA L WILKENS Notary Publi in and for the State of Iowa at Commission Number 750498 M m n Expires ow REGENNITTER ACKNOWLEDGEMENT STATE OF IOWA ) ss: S ~~F~_COUNTY ) T1~is .instrument was acknowledged before me on ~~ ~ (`f` 2009 bast' ~~~ ~~I~,~-{ ~~ 4~ ~,,~ ~ }.~ y~ (name of person) ~,!-'Sri ~.~,~'.-t- (type of authority, e.g, officer, trustee, etc.) of -~" ,. Regenmtter Farms, Inc. ~` Notary Publ c in and for the State of Iowa REYNA L. WILKENS + 750498 Approved By: `~~ M'm ~;m moires _ Za (~ ~ / ~ ~ owe City Attorney's Office 11 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356-5030 RESOLUTION NO. og-259 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY AND MIKE SULLIVAN. WHEREAS, the Joint Emergency Communication Center of Johnson County ("JECC") and the City of Iowa City entered into a contract of employment with Mike Sullivan for the purposes of employing him as Executive Director of JECC effective February 23, 2009, whereby Sullivan is employed, for administrative purposes, by the City for the first six months of his employment; and WHEREAS, Sullivan and JECC have proposed that Sullivan continue to be a City employee until March 31, 2010, and thereafter an employee of JECC exclusively, and such arrangement is acceptable to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: The Mayor is authorized to sign and the City Clerk to attest the attached Amendment to Contract of Employment for JECC Director Mike Sullivan. P A July , 2Q~9 . proved by City Attorney's Office ~-z z - D~j It was moved by O'Donnell and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion g _ Correia g Hayek _ x O'Donnell ~ Wilburn _ x Wright ~_ AMENDMENT TO CONTRACT OF EMPLOYMENT This Amendment to Contract of Employment is made and entered into effective the _ day of July, 2009, by and between the Joint Emergency Communications Services Association of Johnson County (hereinafter "JECC"), the Ciry of Iowa City (hereinafter "City"), and Mike Sullivan (hereinafter sometimes referred to as "Executive Director"). WHEREAS, the parties entered into a Contract of Employment on February 17, 2009 to be effective February 23, 2009; and WHEREAS, the parties wish to amend the aforesaid Contract of Employment as stated herein; THE PARTIES THEREFORE AGREE AS FOLLOWS: The Contract of Employment is amended by striking Paragraph 1 and substituting the following as Paragraph 1: 1. The City hereby employs Mike Sullivan as an at will employee in the position of the JECC Executive Director commencing February 23, 2009 and ending on March 31, 2010, subject to earlier termination under the terms and conditions set forth in this Contract. JECC hereby employs Mike Sullivan as an at will employee in the position of Executive Director beginning April 1, 2010, with no fixed termination date, and continuing until either Party gives proper notice of termination of this employment agreement to the other, subject to ali of the terms and conditions set forth in this Contract. In all other respects the Contract of Employment between the parties which was effective February 23, 2009 remains in full force and effect. Date Mj a Sullivan i Joint Emergency Communications Services Association of Johnson County July 28. 2009 BY~ Date eg D. Bailey, Mayor Ciry of Iowa City, Iowa July 28 . 2009 BY~ !' ~ (~-~~~ ~' '~~^y'G'Z~ Date Marian K. Karr, City Clerk 12 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, iA 52240 319/356-5030 RESOLUTION NO. n RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT OF EMPLOYMENT WITH THE JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY AND THOMAS JONES. WHEREAS, the Joint Emergency Communication Center of Johnson County ("JECC") Board of Directors wishes to hire Thomas Jones as the Associate Director of JECC; and WHEREAS, JECC has proposed that Thomas Jones be employed, for administrative purposes, by the City of Iowa City until March 31, 2010, and thereafter by JECC exclusively, and such arrangement is acceptable to City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: The Mayor is authorized to sign and the City Clerk to attest the attached Contract of Employment for Associate Director Thomas Jones. Passed tl approved t is 2 h day of July . 2Q?.2• A ved by YOR ~. ATTE City Attorney's Office Y CLERK It was moved by Wright and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion ~ Correia x Hayek ~ O'Donnell g Wilburn g Wright 7-ZZ-D~~ CONTRACT OF EMPLOYMENT THIS CONTRACT is made and entered into effective the 27a' day of July, 2009, by and between the Joint Emergency Communications Services Association of Johnson County (hereinafter "JECC"), the City of Iowa City (hereinafter "City"), and Thomas Jones (hereinafter sometimes referred to as "Associate Duector"). 1. The City hereby employs Thomas Jones as an at will employee in the position of the JECC Associate Director commencing July 27, 2009 and ending on March 31, 2010, subject to earlier termination under the terms and conditions set forth in this Contract. JECC hereby employs Thomas Jones as an at will employee in the position of Associate Director beginning April 1, 2010, with no fixed termination date, and continuing until either Party gives proper notice of termination of this employment agreement to the other, subject to all of the terms and conditions set forth in this Contract. 2. During the term of employment by the City and subsequently by the JECC, Thomas Jones is assigned to be the Associate Director of the JECC. The Associate Director's duties and job responsibilities shall be those contained in the attached Job Description marked as Exhibit A, as well as such other duties as may be assigned by the Executive Director of the JECC. 3. The Associate Director agrees to perform all of the duties as Associate Director of the JECC, and further agrees to discharge his duties under this Contract and the attached Job Description in accordance with the laws of the State of Iowa and any applicable federal laws of the United States. 4. In consideration of the proper performance by the Associate Director of the duties as herein provided, the City and JECC hereby agree to pay the Associate Director an annual salary of Seventy Thousand Dollars ($70,000). The annual salary shall be paid in equal bi-weekly installments in accordance with the procedures governing payment of other Administrative and Confidential employees of the City and the Associate Director shall be classified as an administrative employee for purposes of overtime compensation. The City shall withhold those amounts required to be withheld by state and federal law and shall withhold those amounts that may be elected by the Associate Director upon hire. 5. The Executive Director of the JECC shall conduct an evaluation of the Associate Director's performance not later than January 31, 2010, and annually thereafter. 6. During the time period in which the Associate Director is an employee of the City, the Associate Director of the JECC shall receive the same benefits as those provided to other Administrative and Confidential employees of the City under the Administrative and Confidential Employees Benefits Handbook dated September, 2004, with the same limitations and exclusions, and subject to any amendments made by the City during the time the Associate Director is employed by the City. The Associate Director shall be classified as an administrative employee for purposes of overtime compensation and the application of other benefits. When the Associate Director becomes an employee of the JECC, the JECC will prgvide benefits which are as comparable as possible to those provided by the City, depending on availabliliry of comparable Thomas Tones Contract of Employment, Page 1 benefit packages for an employer of JECC's size, and depending on budget restrictions. 7. The City will reimburse the Associate Director for expenses for mileage associated with the use of his personal vehicle to perform his duties under this agreement at the rate established by the Internal Revenue Service. 8. This Contract is subject to termination at any time for any reason by the City, the JECC, or the Associate Director upon three (3} weeks advance written notice. The City and JECC have the option of paying the Associate Director three (3) weeks pay in lieu of advance notice of termination. 9. The Executive Director of the JECC has authority to discipline the Associate Director during the entire term of this Agreement. During the time period that the Associate Director is an employee of the City, discipline will be conducted consistent with the City of Iowa City Personnel Policies approved by the City Council under Resolution OS-08 dated January 4, 2005. When the Associate Director becomes an employee of the JECC, discipline will be conducted consistent with any policies adopted by the JECC Policy Board. 10. During the time period that the Associate Director is employed by the City of Iowa City, the City will conduct a monthly cost accounting of ail payments made for all benefits, compensation or other costs directly attributable to the employment of the Associate Director and generate an accounts receivable billing statement to the JECC for payment. Payment shall be due within thirty {30} days of receipt of the statement. Health insurance benefits will be cost accounted and billed to the JECC on a claims made basis. 11. The JECC hereby agrees to indemnify, defend and save harmless the City of Iowa City, its assigns, successors, officers, employees, agents, and elected or appointed officials from any and all liability whatsoever, including all claims, demands and causes of action of every nature, including any claims for attorney fees, which may now or ever arise by reason of the City's employment of the Associate Director. Prior to the date of the Associate Director's employment, the JECC hereby agrees to obtain and carry Class II liability insurance as follows: A. Comprehensive General Liability: $1 million each occurrence, $2 million aggregate property damage and bodily injury; B. Errors and Omissions Liability: $1 million each occurrence, $2 million aggregate C. Automobile Liability: $1 million combined single limit bodily injury and property damage D. Excess Liability: $1 million each occurrence, $1 million aggregate E. Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. The JECC's insurance carrier shall be A rated or better by A.M. Best, the City of Iowa City shall be named as an additional insured and the JECC shall provide the City a Certificate of Insurance satisfactory to the City. 13. This Contract shall be interpreted and enforced in accordance with the laws of the State of Iowa. The headings. appearing in this Contract are for convenience of reference only and shall not be deemed a part of this Contract. The terms of this Contract cannot be varied except in a writing signed by the party against whom the modification is sought to be enforced. Thomas Jones Contract of Employment, Page 2 ~p O Date ~-6-~5 Date _---- J t~.~u o~ g oZyt?~ Date ~ Thomas Jones Joint Emergency Communications Services Association of Johnson County By: ~_ City sy: By Thomas Jones Contract of Employment, Page 3 c. ... ' . . . ...'..:. ._. ... . L .. 1~:::~~: .... . .. .... .. fob Descr~piion Work is performed under ttie general supervisions of the JECC E~cecutive Directsr. Esscu#ia1 Duties and Responsibilities Perfon7is any .other. special task as: ~ssignad ~S' tIi>3 EXect-tive Ditr~tor. Exhibit A, Page 2 c;,mputers. Knowledge of net work operating. systu~ns~ zequiz~d incituuiing 'Windows front end. Thtirougli knowledge of cufreat release.of'Rlindows,. h~fiarosoft'Office, virus protection sofC~varey.bid`~user~:~,rid:;other[applieftt+ons.~S.neeGiecl.. ~ ~ . .. . .. _: .... C1the~Requii~ts :.:::...:..:.::: `::: •:..:~ ~~:::~ . .. ... _. .. . :... .. . ..: . Famikarity-v~ith standard: og~ratnig prc~ecittres fox City°.and~CoiintY Pnbi1~ s: agerieics. ~ ~. ~ ~ ~ ... .. Strong ver~l~a~d:writtea.~cc-n~tmicatia~ns ;ls.. . A.b' ~- to`:effe~ti~:~1X:f~ctaiiiii:stress~ul~ ~ltical:siti~a~ioifs..• ~ : . ~' ~~ ~bi~ityto repot#.~o: wor~:dtirtiig i~zcle~~t ~uvmr:: ;;~ `~~ -, ~ . ~ . ....:.:.. •.. ,. ;. .... : ~ .. .:.. •~ g~VEre StElrms; •. Subject #o :cail'back forduty dr<,ritig er~rge~y sio~ts x;~z.d3s~sters, ,. ... . etc .. .. .. ~b~la~v ii~i£u~iiud~ ~~~ ~. ~ :: ~ . . Exhibit A, Page 3 . M~ 13 Prepared by: Michael Moran, Recreation Superintendent, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 09-261 RESOLUTION RENAMING THE SAND LAKE RECREATION AREA LOCATED EAST OF THE IOWA RIVER AT THE SOUTH EDGE OF IOWA CITY AS "TERRY TRUEBLOOD RECREATION AREA." WHEREAS, the City owns six (6) parcels/158.6 acres at 4213 Sand Road SE, Iowa City Iowa, legally described as Johnson County Auditor's Parcels No. 1027127001, 1027102001, 1027151001,102717701,1027426001 and 1027402001; and WHEREAS, Terry G. Trueblood has served as the Director of the Iowa City Parks and Recreation Department for over 23 years; and WHEREAS, during those 23 years, Terry G. Trueblood made a positive impact on the community along with significant contributions to the development of parks and recreational facilities and programs for the City of Iowa City; and WHEREAS, the Iowa City Parks and Recreation Commission, as voted upon at their meeting of April 13, 2009, unanimously supports this renaming, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that: 1. The park known as the Sand Lake Recreation Area be renamed the "Terry Trueblood Recreation Area." Passed and approved this 28th day of ATTEST: ~-~-~~ ~ d~ CIT LERK 2009. City Attorney's office It was moved by wi barn and seconded by O ~ Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey ~_ Champion _~^ Correia ~- Hayek _X^ O'Donnell ~_ Wilburn ~_ Wright ~~~ Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 09-262 RESOLUTION APPOINTING THE MAYOR, CITY MANAGER, AND LIBRARY DIRECTOR OR THEIR DESIGNEES AS IOWA CITY'S REPRESENTATIVES TO THE IOWA CITY UNESCO CITY OF LITERATURE NON-PROFIT BOARD WHEREAS, the City of Iowa City was designated a UNESCO City of Literature in November, 2009; and WHEREAS, a nonprofit organization is being established that will recognize the significance and opportunity of Iowa City having been designated a UNESCO City of Literature; and WHEREAS, Iowa City supports the efforts of the organization to promote reading, support writers and literary education, develop collaborations, create opportunities for public engagement in literary activities and facilitate dissemination and appreciation of literature, including projects benefiting people in need; and WHEREAS, the bylaws of the nonprofit call for three Iowa City approved directors who shall be City Councilors, City Manager or Library Director. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor, City Manager, and Library Director or their designees, shall represent the City of Iowa City on the Iowa City UNESCO City of Literature Board of Directors. Passed and approved this 28th day of July .2042_• M , ~/ `~ U proved byL/ ATTEST: a~.~ .~ 71 ~~-u~ ~ ~ C/ U /~-. ~ ` 2.Z - (~ CI LERK City Attorney's Office It was moved by Champion and seconded by xa~Pk the Resolution be adopted, and upon roll call there were: AYES: x ~- ~_ x x X ~- Clerk/res/unesco-designees709.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright /~ 07-28-09 ~~®~ CITY OF (C71NA CITY 14 M~~o Date: July 22, 2009 To: City Council From: Susan Craig, Library Director Dale Helling, Interim City Manager Re: Iowa City UNESCO City of Literature Update A non-profit is currently being established to carry on the work of the Iowa City UNESCO City of Literature. A press release is attached that provides a good summary of efforts so far. The new organization will promote reading, support writers and literary education, develop collaborations, create opportunities for public engagement in literary activities, and facilitate dissemination and appreciation of literature, including projects benefiting people in need. The Bylaws of the ICUCOL call for Iowa City to appoint three directors who shall be City Councilors, the City Manager, or the Library Director. You are being asked to approve the appointments of the Mayor, City Manager, and Library Director or their designees to the Board of Directors of the Iowa City UNESCO City of Literature. The University of Iowa may also appoint three directors, and Coralville, North Liberty and Johnson County one each. The presidents of the Iowa City Area Chamber of Commerce and of the Iowa City/Coralville Area Convention and Visitors Bureau are ex-officio directors. In addition there are up to ten appointed directors. Susan Craig has been asked to serve as vice president on the Executive Board of the group. We have had one meeting and a meeting of the full board will be scheduled in early August. Since the announcement last fall the City of Literature name is attracting attention and events are being planned that take advantage of the designation. The Summer of the Arts wrote and was granted funds from the NEH to support a "Big Read" program this winter, the University of Iowa Libraries put together the first ever Iowa City Book Festival, that has great potential to grow beyond a one day event. In fact, we are anticipating a visit from organizers of the annual Hay Festival of Arts and Literature in Wales. They have begun to expand their festival around the world and are looking for a United States location. Iowa City is a potential location based on the City of Literature designation. The designation of Iowa City as a UNESCO City of Literature is not only a great honor, but a great opportunity. The number of entities involved in the new nonprofit speaks to the importance many others also place on the designation. As one of the major participants in the efforts of the Iowa City UNESCO City of Literature organization we will be called on to provide tangible support in a variety of ways. The Library has volunteered to house the new organization, and the City is being asked to make a financial commitment to provide operating support. The University of Iowa and the City of Iowa City, as the two key entities involved with the City of Literature designation, are being asked to take the lead in providing seed money to support the start-up and operation of the non-profit organization for the first three years. Because it is seen as critical that a Director be named as soon as possible, the board wishes to have initial financing in place so as to make the Director position more attractive to potential candidates. Thus we would need to commit funding beginning in the current fiscal year 2010. An amount of $50,000 annually for three years has been suggested and the University of Iowa is committed to that amount. Other local governments and organizations have indicated their July 22, 2009 Page 2 willingness to provide funding at some level as well. If Council wishes to proceed as requested, your FY10 contribution will result in a corresponding reduction in the general fund balance. An additional line item will be included in your FY11 and FY12 budgets. Copies of the recently approved Articles of Incorporation and the Bylaws for the organization are attached. We will be present at your work session on July 27th to respond to your questions or provide additional information. ARTICLES OF INCORPORATION IOWA CITY UNESCO CITY OF LITERATURE The undersigned incorporators, desiring to form a corporation pursuant to the provisions of the Revised Iowa Nonprofit Corporation Act (Chapter 504 of the Code of Iowa), adopts the following Articles of Incorporation: ARTICLE I -NAME The name of this Corporation is Iowa City UNESCO City of Literature hereinafter referred to as the "Corporation." ARTICLE II -PURPOSES The purposes for which the Corporation is formed are as follows: Section 1. The Corporation is organized exclusively for charitable, scientific, literary or educational purposes within the meaning and as permitted by Sections 170(c)(2) and 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provisions of any future United States Internal Revenue Law), and to act as a "public foundation" in accord with Internal Revenue Code Sections 509(a)(1) and 170(b)(1)(A)(vi), the last named being modified by Treasury Res. Reg. 1.170A- 9(e)(10). Section 2. Subject to the charitable, scientific, literary and educational purposes set forth in Section 1 of this Article II, the Corporation has the following objectives: (a) To provide an organization that. recognizes the significance and opportunity of Iowa City, Iowa, U.S.A. having been designated a UNESCO City of Literature and that will actively celebrate the world of literature by (i) encouraging the appreciation of literature and (ii) facilitating literary experiences. To further these objectives, among other charitable, scientific, literary and educational activities, the Corporation intends to provide opportunities for researching, conceptualizing, designing, developing and implementing innovative and collaborative literary centered activities that engage academics, non-academics, educators, students, life-long learners, writers, playwrights, poets, readers of all circumstances and others. These activities will: • Promote the enjoyment and benefit of books and other literary mediums; • Support writing and writers, and promote reading and readers; • Develop collaborations for literary promotion and appreciation; • Support world class literary education; • Create opportunities for public engagement in literary activities; and • Facilitate the broader dissemination and appreciation of literature, including initiatives for educational and charitable literary projects benefiting people in need. (b) To make distributions to organizations that further the purposes of this Corporation and qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the corresponding section of any future federal tax code. (c) To accept, administer, apply and use any property acquired by gift in accordance with the general purposes and objects of the Corporation, and as may be specified by the donor, grantor or testator thereof; subject, however, to the qualification and condition, to be understood and accepted in all such cases, that if, in the judgment and discretion of the Board of Directors of the Corporation, the purposes or objects so specified become unnecessary, incapable of fulfillment, or inconsistent with the literary and charitable needs of the community or people served, then the property involved in any such case shall be subject to the Corporation's general purposes. (d) To possess and exercise all of the rights, powers and privileges now or hereafter conferred upon non-profit corporations by Chapter 504 of the Code of Iowa as amended from time to time. (e) To do all and everything suitable and proper for the accomplishment of any of the purposes, or the attainment of any of the objects, or the furtherance of any of the powers, of the Corporation. (f) To engage in any lawful act or activity for which nonprofit corporations may be organized and conducted under Chapter 504 of the Code of Iowa. ARTICLE III -POWERS Section 1. This Corporation shall have and exercise such powers as are required by and are consistent with the foregoing purposes, including the power to acquire and receive funds and property of every kind and nature whatsoever, whether by purchase, conveyance, lease, gift, grant, bequest, legacy, devise or otherwise and whether in trust or otherwise, and to own, hold, expend, make gifts, grants and contributions of, and to convey, transfer and dispose of any funds and property and the income therefrom in furtherance of the purposes of this Corporation set forth above, or any of them, and to lease, mortgage, encumber, and use the same, and such other powers that are consistent with the foregoing purposes and that are afforded to this Corporation by the Revised Iowa Nonprofit Corporation Act. Section 2. All powers of this Corporation shall be exercised only so that the activities of this Corporation shall be exclusively within the contemplation of Section 170(c)(2) and 501(c)(3) of the Internal Revenue Code of 1986, and of the Revised Iowa Nonprofit Corporation Act; provided further, however, that the reference herein to the Revised Iowa Nonprofit Corporation Act shall not permit, and shall not be taken as permitting, this Corporation to have or exercise any power that is not within the contemplation of Section 170(c)(2) and 501(c)(3) of the Internal Revenue Code of 1986; and provided finally that this Corporation shall not carry on any activity not permitted to be carried on by a corporation that is exempt from federal income taxes under Section 509(a) of the 2 Internal Revenue Code of 1986 as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 or by a corporation that is described in, and contributions to which are deductible for federal income tax purposes under Section 170(c)(2) of the Internal Revenue Code of 1986. Section 3. All references in these Articles of Incorporation to a particular section of the Internal Revenue Code of 1986 shall mean and include, as now enacted or as hereafter amended, such section and any provision of federal law as is, or may hereafter be, applicable or cognate to such section; and the references in these Articles of Incorporation to the Revised Iowa Nonprofit Corporation Act shall mean and include, as now enacted or as hereafter amended and such provisions of Iowa law as may be applicable thereto. Section 4. Notwithstanding any other provisions of these Articles, the Corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provisions of any future United States Internal Revenue law), or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue law). Section 5. All actions of the Corporation shall be in compliance with all applicable Equal Employment Opportunity and Affirmative Action laws as they are presently or may be hereinafter adopted. The Corporation shall engage in no activity that discriminates against or harasses any person because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual preference or status with regard to public assistance. Section 6. The Corporation shall further have the power to exercise such redirection of the investment or use, whether income or principal, of charitable gifts through exercise of a "power of variance" by the Board of Directors. The Board of Directors may, by affirmative vote of a two- thirds majority of the serving Directors, order such variation from donor restrictions or statement of intent, to be applicable to the whole or any part of the principal or income of an individual fund held by the Corporation, as in the judgment of the Board of Directors is necessary to more effectively serve the charitable intentions of the original donor, grantor or testator and the general purposes of the Corporation, consistent with the terms and requirements of the Internal Revenue Code and other applicable laws. ARTICLE IV -SEAL The Corporation shall not have a corporate seal. ARTICLE V -PERIOD OF EXISTENCE The period of duration of the Corporation shall be perpetual. 3 ARTICLE VI -RESIDENT AGENT AND PRINCIPAL OFFICE Section 1. Resident Agent. The name and address of the Corporation's Resident Agent for service of process is Thomas H. Gelman 321 E. Market Street, Iowa City, Iowa 52244. Section 2. Principal Office. The post office address of the principal office of the Corporation is 123 S Linn St, Iowa City, Iowa 52240. Section 3. Change in Agent or Office. The registered agent andlor office may be changed from time to time by resolution of the Board of Directors and the filing of a Statement of Change with the Secretary of the State of Iowa in accordance with the Revised Iowa Nonprofit Corporation Act. ARTICLE VII -MEMBERS This Corporation shall have no members with governance or voting authority. The Board of Directors may from time to time authorize anon-governance membership structure for the function of creating affinity relationships with persons and/or organizations that wish to demonstrate by various means their support of the purposes and activities of the Corporation. ARTICLE VIII -BOARD OF DIRECTORS Section 1. Board of Directors. The direction and management of the business and affairs of this Corporation shall be vested in a Board of Directors. The Board of Directors shall be composed of not less than nine or more than 21 Directors. The number (subject only to the foregoing limitation), classifications, qualifications, term of office, method of election, powers, authority, and duties of the Directors of this Corporation, the time and place of their meetings and such other provisions with respect to them as are not inconsistent with the express provision of these Articles of Incorporation shall be as specified in the Bylaws of the Corporation. Section 2. Initial Directors. The initial Board of Directors of the Corporation is composed of 15 members. Names, post office addresses and classifications of the initial Directors are: Name Post Office Address Title Classification Regenia Bailey 410 E Washington St Mayor, City of Iowa City Director Iowa Cit , IA 52240 Cit of Iowa Cit Dale Helling 410 E Washington St Interim City Manager, City of Iowa City Director Iowa Cit , IA 52240 Cit of Iowa Cit Susan Craig 123 S Linn St Director, City of Iowa City Director Iowa City, IA 52240 Iowa City Public Libra [Continued on Next Page] 4 Christopher Merrill Shambaugh House Director, University of Iowa Director University of Iowa International Writing 400 N Clinton St Program Iowa Cit , IA 52242-2020 Sally Mason 101 Jessup Hall President, University of Iowa Director University of Iowa University of Iowa Iowa Cit , IA 52242 Hugh Ferrer Shambaugh House Associate Director, University of Iowa Director University of Iowa International Writing 400 N Clinton St Program Iowa Cit , IA 52242-2020 Kelly Hayworth 1512 7` St City Administrator, City of Coralville Director Coralville, IA 52241 Cit of Coralville Chris Hoffman 365 Fox Run City Councilor, City of North Liberty North Libert , IA 52317 Cit of North Libert Director Rod Sullivan 2326 E. Court Street Supervisor, County of Johnson County, Iowa City, IA 52245 Johnson County Board Iowa Director of Su ervisors Nancy Quellhorst 325 E. Washington St. President & CEO, Iowa City Area Chamber of Iowa City, IA 52240 Iowa City Area Commerce Director Chamber of Commerce Joshua Schamberger 900 First Ave President, Iowa City/Coralville Area Coralville, IA 52241 Iowa City/Coralville Convention and visitors Area Convention and Bureau Director Visitors Bureau John Kenyon 845 Quarry Rd #125 Editor, At-Large Director Coralville, IA 52241 Corridor Business Journal Wallace Chappell 858 Foster Rd Arts Consultant At-Large Director Iowa Cit , IA 52245 James Harris 8 Bella Vista Place Founder, At-Large Director Iowa City, IA 52245 Prairie Lights Bookstore Carolyn Brown 1434 Grand Avenue Co-founder, At-Large Director Iowa City, IA 52246 Iowa Language and Literac Institute Section 3. The term of office of each initial Director shall be as provided in the Corporation's Bylaws and until such Director's successor shall have been designated, appointed, elected or otherwise shall qualify. 5 ARTICLE IX -INCORPORATORS The name and post office address of the incorporators of the Corporation are: Susan Craig 123 S Linn St, Iowa City, IA 52240 .. .. Joshua Schamberger 900 First Ave, Coralville, IA 52241 Christopher Merrill Shambaugh House, University of Iowa 400 N Clinton St, Iowa City, IA 52242-2020 ARTICLE X -PROVISIONS FOR REGULATION AND CONDUCT OF THE AFFAIRS OF THE CORPORATION Provisions for the regulation and conduct of the affairs of the Corporation, that define, limit and/or regulate the purposes and powers of the Corporation and its Directors as may be otherwise provided in these Articles, are as follows: Section 1. Restriction on Lobbying and Political Activity. Notwithstanding any other provision of these Articles or any provision of Iowa law, the Corporation, except to the extent permitted by Section 501(h) of the Internal Revenue Code or any future United States Revenue Law, shall not in any manner or to any extent carry on propaganda or otherwise attempt to influence legislation, nor shall the Corporation in any manner or to any extent participate in, or intervene in (including the publishing or distributing of statements) any political campaign on behalf of any candidate for public office; nor shall the Corporation carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 or by a corporation to which contributions are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986. Section 2. Restriction upon Net Earnings. The Corporation shall have no capital stock. It shall neither have the authority to authorize nor to issue any stock. No part of the net earnings or assets of the Corporation shall inure to the benefit of, or be distributed to, any Director, officer, member or other private individual except for (i) scholarships, grants or awards that are permitted by applicable laws and that are authorized by the Board of Directors and made in furtherance of the tax exempt purposes of the Corporation, and (ii) reasonable compensation that may be paid for services rendered to or for the Corporation affecting one or more of its purposes. No Director, officer, member or other private individual shall be entitled to share in the distribution of any of the corporate assets on dissolution of the Corporation (except that moneys loaned or advanced to the Corporation by a member, Director or officer in furtherance of one or more of the Corporation's purposes may be repaid without interest). Additionally: 1) The corporation shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws. 6 2) The corporation shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws. 3) The corporation shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws. 4) The corporation shall not make any investments in such manner as to subject it to tax under Section 4944 of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws. 5) The corporation shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws. Section 3. Restrictions upon Acceptance of Gifts. No gifts or other contributions to the Corporation shall be accepted by the Corporation if the use or expenditure of such gift or other contribution is subject to any condition that is inconsistent with the purposes of the Corporation as stated herein, or is limited in such manner as to require the disposition of the income or its principal to any person or organization other than a charitable organization or as permitted within the contemplation of Section 170(c)(2) and 501(c)(3) of the Internal Revenue Code of 1986. Section 4. Interest of Directors in Contracts. Any contract or other transaction between the Corporation and one or more of its Directors, or between the Corporation and any firm of which one or more of its Directors is an employee, or in which they are otherwise interested, or between the Corporation and any corporation or association of which one or more of its Directors are shareholders, members or Directors, shall be valid for all purposes, notwithstanding the presence of any such member or Director at the meeting of the Board of Directors of the Corporation that acts upon or in reference to such contract or transaction, and notwithstanding his, her or their participation in such action, if the fact of such interest shall be disclosed or known to the Board of Directors and the Board of Directors shall, nevertheless, authorize, approve and ratify such contract or transaction by a vote of a majority of all the non-interested Directors; provided, however, that any such contract or transaction shall be at arm's length and not violative of the proscriptions of these Articles against the Corporation's use or application of funds for private benefit. Section 5. Execution of Documents. Deeds, mortgages, contracts, conveyances, and other instruments creating, conveying, granting or releasing any interest in real estate and all other instruments or contracts having or requiring the acknowledgment of this Corporation shall be sufficiently executed if signed by any two officers or as may be otherwise authorized by Resolution of the Board of Directors. Section 6. Donations by the Corporation. To carry out the purposes set forth above the Corporation may, in the discretion of the Board of Directors, make donations or gifts from surplus revenue, if any, of the Corporation to charitable, scientific, literary and/or educational organizations that qualify as exempt from federal income tax under Sections 170(c)(2) and 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provisions of any future United States Internal Revenue law). 7 Section 7. Loans to or Guarantees for Directors and Officers. The Corporation shall not lend money to or guarantee the personal obligations of any director or officer of the Corporation. Section 8. Dissolution Clause. Upon the dissolution of the Corporation, the Board of Directors shall, in compliance with the Revised Iowa Nonprofit Corporation Act and after paying or making provisions for the payment of all of the liabilities of the Corporation, dispose of all of the assets of the Corporation exclusively for the purposes of the Corporation, or to such organization or organizations organized and operated exclusively for charitable, educational, religious or scientific purposes as shall at such time qualify as an exempt organization(s) under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provisions of any future United States Internal Revenue law), in such manner as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas (or other court having appropriate jurisdiction) in the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organizations as said court shall determine that are organized and operated exclusively for charitable, educational, literary, religious or scientific purposes and as shall qualify as an exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provisions of any future United States Internal Revenue law). ARTICLE XI -BYLAWS The power to make, alter, amend or repeal the Bylaws of the Corporation is hereby vested in the Board of Directors of the Corporation. The Bylaws of the Corporation may contain any provision for the regulation and management of the affairs of the Corporation that is not inconsistent with the laws of the State of Iowa, with these Articles of Incorporation or with Sections 170(c)(2) and 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provisions of any future United States Internal Revenue Law). ARTICLE XII -NON-LIABILITY Except as may be provided otherwise in the Revised Iowa Nonprofit Corporation Act, a Director officer, employee, committee member or volunteer of the Corporation shall not be personally liable in that capacity to any person, or the Corporation, for any action taken, or the failure to take any action, in the discharge of the person's duties, except liability for any of the following: (1) the amount of a financial benefit received by a Director to which the Director is not entitled; (2) an intentional infliction of harm on the Corporation; (3) a violation of the unlawful distribution provision of the Revised Iowa Nonprofit Corporation Act; or (4) an intentional violation of criminal law. If the Revised Iowa Nonprofit Corporation Act is later amended to authorize the further elimination or limitation of the liability of Directors, officers, employees, committee members and/or volunteers, then the liability of such persons, in addition to the limitation on personal 8 liability provided in this Article, shall be eliminated or limited to the extent of such amendment, automatically and without any further action, to the fullest extent required and/or permitted by law. Any repeal or modification of this Article shall be prospective only and shall not adversely affect any limitation on the personal liability or any other right or protection of a Director, officer, employee, committee member or volunteer of the Corporation with respect to any event or circumstances existing at or prior to the time of such repeal or modification. ARTICLE XIII -INDEMNIFICATION The corporation shall indemnify its Directors, officers, committee members and volunteers for "liability" (as defined in Section 504.851(5) of the Revised Iowa Nonprofit Corporation Act) to any person for any action taken or any failure to take any action, in such capacity, except for liability arising from any of the following: (1) receipt of a financial benefit to which such person is not entitled; (2) an intentional infliction of harm on the corporation; (3) a violation of the unlawful distribution provision of the Revised Iowa Nonprofit Corporation Act; or (4) an intentional violation of criminal law. Such indemnification by the corporation shall include both mandatory and permissible indemnification in accordance with the Revised Iowa Nonprofit Corporation Act and otherwise to the fullest extent permitted by law. The Corporation shall indemnify a Director for liability (as such term is defined in Section 504.851(5) of the Revised Iowa Nonprofit Corporation Act) to any person for any action taken, or any failure to take any action, as a Director, except liability for any of the following: (1) receipt of a financial benefit by a Director to which the Director is not entitled; (2) an intentional infliction of harm on the Corporation; (3) a violation of the unlawful distribution provision of the Revised Iowa Nonprofit Corporation Act; or (4) an intentional violation of criminal law. Without limiting the foregoing, the Corporation shall exercise all of its permissive powers as often as necessary to (1) indemnify its Directors, officers, committee members and volunteer and (2) advance funds to pay for, or reimburse expenses of, its Directors, officers, committee members and volunteers, to the fullest extent permitted by law. If the Revised Iowa Nonprofit Corporation Act is later amended to authorize broader permissible and/or mandatory indemnification, then the indemnification obligations of the Corporation shall be deemed amended automatically and without any further action of the corporation, to incorporate such broader permissive and mandatory indemnification provisions to the fullest extent of such amendment(s). Any repeal or modification of this Article shall be prospective only and shall not adversely affect any indemnification obligations of the Corporation with respect to any event or circumstances existing at or prior to the time of such repeal or modification. 9 The corporation's indemnification obligations shall not be deemed exclusive of any other rights permitted by law to which those indemnified may be entitled pursuant to the vote of disinterested directors or otherwise, both as to action in such person's official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a director, officer, committee member or volunteer. The corporation may pay the cost of premiums to provide insurance coverage covering the liability of its directors, officers, committee members and volunteers against any liability asserted against such persons and incurred by such persons in any such capacity arising out of any such person's status as such, whether or not the corporation has the power to indemnify the person against such liability. ARTICLE XIV - AMENDMENTS/DISSOLUTIONS These Articles shall be amended or the Corporation dissolved only by a 2/3 majority vote of the Directors of the Corporation at either a regular or special meeting of the Board of Directors subject to any requirements of notice contained in the Bylaws of the Corporation. IN WITNESS WHEREOF, the undersigned incorporator hereby executes these Articles of Incorporation. INCORPORATORS: Name Address 123 S Linn St, Iowa City, IA 52240 Susan Crai 900 First Ave, Coralville, IA 52241 Joshua Schamber er Shambaugh House, University of Iowa Christo her Merrill 400 N Clinton St, Iowa Cit , IA 52242-2020 10 BYLAWS IOWA CITY UNESCO CITY OF LITERATURE ARTICLE I NAME The name of this corporation, as established by its Articles of Incorporation, is Iowa City UNESCO City of Literature (the Corporation). ARTICLE II GENERAL PROVISIONS The Corporation is anon-profit corporation organized pursuant to the Revised Iowa Nonprofit Corporation Act, Chapter 504 of the Code of Iowa. The Corporation has been organized for charitable, social, cultural, religious and/or educational purposes to qualify for tax exempt status under the Internal Revenue laws and regulations of the United States. These Bylaws are for the purpose of regulating and managing the affairs of the Corporation in a manner consistent with the Articles of Incorporation, the laws of the State of Iowa and the Internal Revenue Code. To the extent that there is any conflict between these Bylaws and the Articles of Incorporation, the Articles shall be controlling. ARTICLE III OBJECTS The Corporation will conduct its activities to promote the purposes for which it was organized as set forth in the Articles of Incorporation. No part of the net earnings of the Corporation shall inure to the benefit of or be distributable to its Directors, officers or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes and objects set forth in the Articles of Incorporation. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provisions of these Bylaws, the Corporation shall not carry on any activities not permitted to be carried on: 1. By a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law); or 2. By a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law). ARTICLE IV OFFICES The principal office of the Corporation shall be in Iowa City, Johnson County, Iowa, at such location as the Board of Directors may from time to time determine. The Corporation may have such other offices, within or without the State of Iowa, as the Corporation's affairs may require from time to time. The registered office and agent of the Corporation required by the Revised Iowa Nonprofit Corporation Act to be continuously maintained in Iowa shall be initially as provided in the Articles of Incorporation subject to change from time to time by resolution of the Board of Directors and filing of a statement of said change as required by the Revised Iowa Nonprofit Corporation Act. ARTICLE V MEMBERSHIP Until such time as these Bylaws may be amended to provide otherwise, the Corporation shall have no members. ARTICLE VI BOARD OF DIRECTORS 1. Mana eg ment. The governance, management and administration of the affairs of the Corporation shall be vested in a Board of Directors. 2. Number Requirements, Terms of Office and Classes. The Board of Directors shall consist of 9 to 21 Directors, or such range as may be otherwise authorized in the Articles of Incorporation. Within this authorized range the number of Directors shall be set, from time to time, by the Board of Directors. Subject to the foregoing and following requirements, there shall be three classes of Directors -zero (0) to ten (10) Directors-at-Large, nine (9) Appointed Directors; and two (2) Ex-Officio Directors, as follows: a. Directors-at-Lame. The initial Directors-at-Large shall be those Directors who do not qualify as Directors under the immediately following paragraphs b and c, and are confirmed to so serve at the first organizational meeting of the Directors, at which time these Bylaws are adopted (even if prior to incorporation). Initial terms may be for one or two years as the Board of Directors may determine to stagger terms of office. In subsequent years, at the Annual Meeting, elections shall be held by the Board of Directors to replace the Directors-at-Large whose terms are expiring, and to add Directors up to the maximum prescribed in the Articles, which newly elected Directors-at-Large shall serve a term of two years or until their successors are elected and qualified. (For the purpose of determining the term of the initial Directors-at-Large, the time from the adoption of these Bylaws until the first Annual Meeting shall be discounted and all terms shall run from the date of the Annual Meeting.) Directors-at-Large shall be limited to serving. no more than three two-year consecutive terms. There need not be any Directors-at-Large if there are a sufficient number of Directors serving under the immediately following paragraphs b and c. b. Appointed Directors. There shall be five (5) categories of Appointed Directors. A description of each category; the number of Directors to be appointed within each category; the persons with authority to make such appointments; and the general qualifications are listed below: 2 Description of Number of Directors Person(s) with Category of in Category Authority to Appoint Qualifications Appointed Directors City of Iowa City, City Council of Iowa city councilor, city Iowa 3 C1ty Manager or Library Director University of Iowa 3 President of the University Administrator, UnlverSl Faculty or Staff City of Coralville, Iowa 1 City Council of City Councilors, City Coralville Administrator or Library Director City of North Liberty, City Council of North City Councilors, City Iowa 1 Liberty Administrator or Library Director County of Johnson 1 Board of Supervisors A member of the Board of Coun Iowa Supervisors The identity of the Appointed Directors shall, at the Annual Meeting or as soon thereafter as possible, be certified in writing to the President of the Corporation by the person(s) with authority to make the appointment. A director so appointed shall serve until his/her successor has been appointed; provided, if the person no longer meets the qualifications for appointment, the person's term shall end upon the failure of such qualifications. The term of appointment shall be for two years. There shall be no limit on the number of consecutive terms that may be served by an appointed director. A vacancy of an appointed director shall be timely filled by the person(s) with the authority to make such appointment. Ex-Officio Directors. There shall be two ex-officio Directors with vote. The persons then duly serving respectively as the President of the Iowa City Area Chamber of Commerce and the President of the Iowa City/Coralville Area Convention and Visitors Bureau shall each be a Director of the Corporation. Procedure for Nomination and Election ofDirectors-at-Large. Nominating Committee. At least 60 days in advance of each Annual Meeting the then serving President of the Corporation shall appoint a nominating committee of three to five members from among the then-acting Directors. The nominating committee shall meet in person, by conference call or other available means for the purpose of making nominations to fill Director-at-Large positions, if any, that will be vacated at the next Annual Meeting and, when authorized by the Board of Directors, to enlarge the number of Directors-at-Large. Nomination for Directors shall be consistent with the requirements of these Bylaws and the Articles of incorporation. The nominating committee shall also nominate a slate of officers as provided at paragraph 2 of Article VII, as well as the additional non-officer Director to be appointed to serve on the Executive Committee as provided at paragraph 1 of Article XI. b. Report of Nominating Committee. The report of the nominating committee, when nominating Directors, shall be mailed to the Directors at least fifteen (IS) days in advance of the Annual Meeting. Disqualification of Nominee. No Director-at-Large shall be renominated if he or she has been absent from more than 50% of the Directors meetings without good cause during his or her immediately prior term. d. Election. Directors-at-Large shall be elected from among those persons nominated on the Nominating Committee report or from among other persons each nominated in writing by at least three acting Directors. Election shall be by vote of the Directors attending the Annual Meeting, assuming a quorum is present. If no quorum is present, a special meeting for elections shall be promptly called by the President. e. Vacancies. Vacancies during the term of Directors-at-Large shall be filled by majority vote of the remaining Directors at either a regular or special meeting of the Board. Each person elected to fill a vacancy as a Director-at-Large shall serve until the expiration of the term for which his or her predecessor was elected. 4. Annual Meeting. An Annual Meeting of the Board of Directors shall be held during the month of or of each year, at a time and place determined by the Board of Directors. Directors and officers shall be elected and a full report of the affairs of the Corporation shall be submitted. 5. Regular Meetings. Regular meetings of the Board of Directors shall be held on dates and at places as may be determined from time to time by the President or as specified by the Board of Directors. 6. Special Meetings. Special meetings of the Board of Directors may be called by the President, or by the Secretary on the written request of the lesser of three (3) Directors or 1/3 of the Directors then serving. 7. Notice of Meetings. At least ] 0 days' notice of any regular meeting, or 5 days notice of any special meeting shall be given personally or by mail, telephone, fax or electronically (in accordance with Article XV -Electronic Transmission), which notice shall state the time and place of the meeting. In the case of a special meeting, the notice shall also state the matters to be considered. The attendance of any Director at a meeting, other than for the purpose of objecting to notice, shall be deemed a waiver of notice. 8. uorum. At all meetings of the Board of Directors, a majority of the whole Board of Directors shall constitute a quorum. The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors unless an express provision of law, the Articles of Incorporation, or these Bylaws, require a different vote. Vacancies or unfilled Directorships shall not be counted in determining the whole Board of Directors. Any action that may be taken by the Directors at a meeting may be taken without a meeting if consent, in writing, setting forth the action to be so taken shall be signed by all Directors. Such action shall be effective on the date on which the last signature is placed thereon. Such Director's written consent may be transmitted electronically in accordance with Article XV - Electronic Transmission. 9. Place of Meetings. The Board of Directors may hold its meetings at such place or places within or outside of the State of Iowa, as the Board may from time to time determine. A Director may participate in any meeting by any means of communication, including, but not limited to telephone conference call, by which all Directors participating may simultaneously hear each other during the meeting. A Director participating in a meeting by this means is deemed to be present in person at the meeting. 12. Committees. The President shall appoint members and chairpersons of such standing and ad hoc committees as may be established from time to time by the Board or as deemed expedient by the President. 13. Removal. Any elected Director may be discharged or removed from office by a vote of 75% of the Directors of the Corporation then in office at a special meeting duly called for the purpose of considering such discharge and removal whenever in their judgment the best interests of the Corporation will be served thereby. ARTICLE VII OFFICERS 1. Titles. The elected officers of the Corporation shall consist of the President, Vice President, Secretary and Treasurer, each of whom shall be Directors of the Corporation. Officers shall serve a term of one year from the date of their election until their successor is elected and qualified. 2. Nominating Committee. The nominating committee newly appointed in accordance with 3.a. of Article VI shall meet for the purpose of making nominations from among the then-serving Directors for the elected officers to serve during the upcoming year. The report of the nominating committee shall be made at the Annual Meeting of the Board of Directors or at a special meeting called for such purpose. 3. Election and Term. Elected officers shall be elected from among current Directors by a majority vote of Directors attending the Board's Annual Meeting, assuming a quorum is present. If no quorum is then present, a special meeting for elections shall be promptly called by the President. Officers may be elected from those Directors proposed by the Nominating Committee or otherwise nominated by a Director at the time of the meeting. No person shall be elected to the office of President more than two (2) consecutive terms and no person shall, other than Secretary and Treasurer, hold more than one elected office at the same time. 4. Duties of Elected Officers. a. The President shall preside at all meetings of the Board of Directors; shall be a member ex-officio, with right to vote, of all committees except the Nominating Committee; shall see that all orders and resolutions of the Board of Directors are carried out; shall make reports to the Board of Directors; shall appoint all committees and committee chairpersons (subject to Board approval as may be required in these Bylaws); shall oversee the Corporation's Executive Director, if one; and shall perform such other duties as are necessarily incident to the office of President or are properly required of the President by the Board of Directors, the Articles of Incorporation, these Bylaws or applicable law. b. The Vice President shall perform such duties as are necessarily incident to the office of Vice President or are properly required of the Vice President by the Board of Directors. In case of the absence of the President, the Vice President shall perform the duties and exercise the powers of the President. The Secretary shall attend all meetings of the Board of Directors and shall keep a record of all transactions at the meetings in a minute book belonging to the Corporation and to be kept for that purpose; shall have charge of the corporate records; shall see that proper notice is given of all meetings of the Board of Directors; and shall make such reports and perform such other duties as are necessarily incident to the office of Secretary or are properly required of the Secretary by the Board of Directors. The Secretary may reasonably delegate one or more of these responsibilities to one or more assistants (including paid staff of the Corporation) subject to the Secretary's supervision and oversight. d. The Treasurer shall oversee the receipt of all monies and the deposit of the same in the name and to the credit of the Corporation in such depositories as may be designated by the Board of Directors; shall oversee the payment of all bills; shall make a report of the financial conditions of the Corporation at the Annual Meeting or when called upon by the President and such other reports in the manner approved and prescribed by the Board of Directors; and shall perform such other duties as are necessarily incident to the office of the Treasurer or are properly required of the Treasurer by the Board of Directors. The Treasurer may reasonably delegate one or more of these responsibilities to one or more assistants (including paid staff of the Corporation) subject to the Treasurer's supervision and oversight. 5. Removal. Any elected officer of the Corporation may be discharged or removed from office by a vote of 75% of the Directors of the Corporation then in office (excluding the Officer at issue) at a special meeting duly called for the purpose of considering such discharge and removal whenever in their judgment the best interests of the Corporation will be served thereby. 6. Vacancies. Vacancies in any elected office arising from any cause may be filled by the Board of Directors at any regular or special meeting. 7. Appointed Officers. The Board of Directors may, from time to time, appoint an Executive Director and such assistant officers as it deems appropriate for carrying out the activities of the Corporation. The Executive Director may be anon-voting member of the Board of Directors. Appointed officers shall be entitled to reasonable compensation for services performed on behalf of the Corporation. Day to day operational responsibilities of the elected officers may be reasonably delegated to and among the Executive Director and/or such other appointed officers. ARTICLE VIII INDEMNIFICATION 1. Indemnification. Except for any prohibition against indemnification specifically set forth in these Bylaws or in Chapter 504, Code of Iowa, at the time indemnification is sought by any Director, officer, employee, volunteer or agent of the Corporation, the Corporation shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceedings, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Corporation) by reason of the fact that he or she is or was a Director, officer, employee, volunteer or agent of the Corporation, or is or was serving at the request of the Corporation as a Director, officer, employee or agent of another Corporation, partnership, joint venture, trust or other enterprise (such serving as a Director, officer, employee or agent of the Corporation or at the request of the Corporation referred to herein as "serving on behalf of or at the Corporation's request"), against expenses (including attorneys' fees), judgment, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding if he or she acted in good faith and in a manner he or she reasonably believed to be in and not opposed to the best interests of the Corporation, and with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the Corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful. 2. Further Provisions. If a member, Director, officer, employee, volunteer or agent of the Corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in Section 1, or in defense of any claim, issue or matter therein, he or she shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him or her in connection therewith. Any other indemnification (unless ordered by a court) shall be made by the Corporation only as authorized in the specific case upon a determination that the indemnification is permitted by the then applicable provisions of the Revised Iowa Nonprofit Corporation Act and indemnification of such person is proper because he or she has met the applicable standard of conduct set forth in Section 1; such determination shall be made: a. by the Board of Directors by a majority vote of a quorum consisting of Directors not parties to such action, suit or proceedings, or b. in a written opinion by special independent counsel selected by the Board of Directors by a majority vote of a quorum consisting of Directors not parties to such action, suit or proceedings, or c. if the requisite quorum of the full Board of Directors cannot be obtained through disinterested Directors, in a written opinion by special independent legal counsel selected by a majority vote of the full Board of Directors in which Directors who are parties may participate. Expenses incurred by defending a civil or criminal action, suit or proceedings as authorized in the manner provided in this Section 2 shall be advanced upon receipt of a verified statement by or on behalf of such person that such person believes in good faith that he or she has met the applicable standard of conduct set forth in Section 1 and that such person will repay such amount unless it shall ultimately be determined that he or she is entitled to be indemnified as authorized herein. The indemnification or advancement of expenses provided herein shall be not exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any provision in the Articles of Incorporation or Bylaws, any agreement, any vote of disinterested Directors, or otherwise, both as to actions in the person's official capacity entitling the person to indemnification and advancement of expenses under these provisions and as to actions in other capacities concurrently held by those seeking indemnification or advancement of expenses. However, no person shall be provided indemnification by any provision of the Articles of Incorporation or these Bylaws, by any agreement or otherwise, for any breach of a duty of loyalty to the Corporation, for any act or omission not in good faith or which involves intentional misconduct or knowing violation of the law, or for any transaction from which the person derives an improper personal benefit. The indemnification provided herein shall continue as to a person who has ceased to be a member, Director, officer, employee, volunteer or agent and shall inure to the benefit of the heirs, executors, personal representatives and administrators of such a person. The Board of Directors shall have power to purchase and maintain insurance on behalf of any person who is or was serving on behalf of or at the Corporation's 7 request against any liability asserted against him and incurred by him in any such capacity or arising out of his or her status as such, whether or not the Corporation would have the power to indemnify him or her against such liability under the provisions hereof. ARTICLE IX WAIVER OF NOTICE Whenever any notice is required to be given to any Director of the Corporation under the provisions of the Articles of Incorporation or under the provisions of the Revised Iowa Nonprofit Corporation Act, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. For purposes hereof, facsimile signatures shall be adequate to show consent for such waiver. ARTICLE X COMMITTEES OF THE BOARD OF DIRECTORS 1. General. The President, with the Board of Directors' concurrence, may establish and appoint standing and special committees as shall be deemed desirable for the endeavors of the Corporation. A standing or special committee shall limit its activities to the accomplishment of those tasks for which it was appointed and shall have no powers, except those specifically conferred by action of the Board of Directors or these Bylaws. Upon the completion of the task(s) assigned to any special committee, the special committee shall be discharged. 2. Committee Membership. Persons who are not Directors or officers of the Corporation may be appointed to serve on standing or special committees. All standing or special committee members shall serve at the pleasure of the Board of Directors. The President or the President's designee shall review and appoint persons to membership on all standing and special committees at the Board of Directors' Annual Meeting or at such other times as may be appropriate to carry out the purposes and activities of the Corporation. Standing Committee chairpersons shall be appointed by the Chair with the approval of the Board of Directors. 3. Reports. Unless otherwise provided in a Board of Director's resolution approving the establishment and appointment of a particular standing or special committee, all committees shall maintain written minutes of meetings. Such minutes shall be made available to the Board of Directors. Each committee shall periodically report in writing to the Board of Directors as necessary, and shall submit a written report of the committee's activities at the Board of Directors' Annual Meeting. 4. Meetings. Each committee shall meet at such time and place as designated by the chairperson of the committee and as often as necessary to accomplish its duties. ARTICLE XI EXECUTNE COMMITTEE 1. Appointment. An Executive Committee shall consist of the following persons: The Corporation's President, Vice President, Secretary, Treasurer, one other Director appointed by the Board at its annual meeting, and the Executive Director, if one, as anon-voting member.. 2. Authori .The Executive Committee, when the Board of Directors is not in session, shall have and may exercise all of the authority of the Board of Directors except to the extent, if any, that such powers and authority shall be limited by resolution of the Board of Directors and except also that the Executive Committee shall not have the authority of the Board of Directors in reference to amending the Articles of Incorporation, adopting a plan of merger or consolidation, selling, leasing or otherwise disposing of all or substantially all of the assets of the Corporation not in the usual and regular course of its business, dissolving the Corporation or a revocation thereof, or amending the Bylaws of the Corporation. 3. Meetings. Regular meetings of the Executive Committee may be held without notice at such times and places as the Executive Committee may fix from time to time. Special meetings of the Executive Committee may be called by any member thereof upon not less than three (3) days' notice stating the place, date and hour of the meeting, which notice may be written or oral, and if mailed, shall be deemed to be delivered when deposited in the United States mail addressed to the member of the Executive Committee at his or her personal or business address. Any member of the Executive Committee may waive notice of any meeting and no notice of any meeting need be given to any member thereof who attends in person or otherwise fully participates through any means of communication that allows all members participating to simultaneously hear each other during the meeting. The notice of a meeting of the Executive Committee need not state the business proposed to be transacted at the meeting. 4, uorum. A majority of the members of the Executive Committee shall constitute a quorum for the transaction of business at any meeting thereof, and any action of the Executive Committee must be authorized by the affirmative vote of at least three of its voting members present at a meeting at which a quorum is present. 5. Place of Meetings. The Executive Committee may hold its meetings at such place or places within or outside of the State of Iowa, as the Executive Committee may from time to time determine. An Executive Committee member may participate in any meeting by any means of communication, including, but not limited to telephone conference call, by which all members participating may simultaneously hear each other during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting. 6. Action without a Meeting. Any action required or permitted to be taken by the Executive Committee at a meeting may be taken without a meeting if a written consent, setting forth the action to be taken, shall be signed by all members of the Executive Committee. The member consent may be transmitted electronically in accordance with Article XV -Electronic Transmission. 7. Procedure. The Executive Committee may establish its own rules of procedure that shall not be inconsistent with these Bylaws. It shall keep regular minutes of its proceedings and report the same to the Board of Directors at the next Board meeting. ARTICLE XII FISCAL YEAR The fiscal year of the Corporation shall be 1 through 31. 9 ARTICLE XIII AUDIT An audit of the financial affairs of the Corporation shall be conducted following the close of each fiscal year under the supervision of an Audit Committee of three Directors, none of whom are employees or officers of the corporation, appointed by the President. ARTICLE XN CONDUCT OF MEETINGS Meetings of the Board of Directors shall be conducted in accordance with Robert's Rules of Order, unless suspended by atwo-thirds majority vote of voting Directors present. Other committee meetings may be conducted in a manner determined by the chairperson. ARTICLE XV ELECTRONIC TRANSMISSION "Electronic transmission" or "electronically transmitted" means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient. Notice by electronic transmission is written notice. Notices and written consents may be given by electronic transmission. Each written consent given by electronic transmission shall contain an electronic signature of the person giving such written consent. Additionally, a signature contained on a document of consent transmitted by a telephonic (fax machine) or other facsimile device shall be deemed a written consent. ARTICLE XVI AMENDMENTS These Bylaws may be amended, altered or replaced and new Bylaws may be adopted by the Board of Directors at any regular or special meeting by a 75% vote of all the Directors of the Corporation then in office, and further provided not less than thirty days advance written notice of the meeting and proposed changes to the Bylaws is given to all Directors. Adopted: , 2009 Secretary, Iowa City UNESCO City of Literature 10 nr~~.. ~_. Prepared by: Kristopher Ackerson, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 09-263 CONSIDER A RESOLUTION ADOPTING THE JCCOG METRO BICYCLE MASTER PLAN AND EXECUTIVE SUMMARY WHEREAS, the City of Iowa City has requested the Johnson County Council of Governments (JCCOG) to help staff develop a Metro Bicycle Master Plan and Executive Summary for the Iowa City City Council; and WHEREAS, JCCOG has inventoried existing trails and bicycle facilities, examined community demographics and community bicycling trends, and conducted a public engagement process including a survey, public meetings, and news releases; and WHEREAS, at a City Council work session on April 20, 2009, staff presented the JCCOG Metro Bicycle Master Plan and Executive Summary to the City Council; and WHEREAS, the JCCOG Transportation Technical Advisory Committee reviewed the JCCOG Metro Bicycle Master Plan and Executive Summary at its regular meeting on May 14, 2009; and WHEREAS, adoption of the JCCOG Metro Bicycle Master Plan 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 Iowa City recommendations of the JCCOG Metro Bicycle Master Plan will guide decision- making on bicycle facilities and programs in Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: JCCOG Metro Bicycle Master Plan and Executive Summary, dated June 2009 and on file in the office of the City Clerk is hereby adopted. Passed and approved this 28th day of Approved by ATTEST: ~G~ c,~r~c~ ~ ~~~ CI ERK City Attorney's Office ~/~(2 `0 9 Resolution No. eg_~~~ Page 2 It was moved by Wright and seconded by ('orrei a the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x X X ~- x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc 15 ~~ m e m o r~~ Date: July 16, 2009 To: City Council From: Kristopher Ackerson, Assistant Transportation Planner Re: JCCOG Metro Bicycle Master Plan In 2007, the City of Iowa City received the Bicycle Friendly Community designation of "Honorable Mention" from the League of American Bicyclists. As a result, the City of Iowa City and all other JCCOG entities agreed to develop a new regional bicycle plan to inventory existing facilities and identify opportunities to improve bicycle access. Following the presentation of the draft Metro Bicycle Master Plan at your work session on April 20tH staff initiated a 30-day public comment period (June 8-July 8, 2009). Three written responses were received and are attached for your reference. The complete draft plan is available online at: htfp://www. jccog. org/documents/DraftBikePlan, pdf Staff has also begun implementing some of the recommendations in the bicycle master plan, including new bike lanes and shared lane arrows in downtown Iowa City. The enclosed resolution will officially adopt the bicycle master plan as a guide and increase the strength of the city's upcoming application to the Bicycle Friendly Community program. I will be at your July 27tH work session to answer questions. Feel free to contact me with questions at 356-5247 or Kristopher-Ackerson@iowa-city.org. Enclosed: Resolution adopting the Metro Bicycle Master Plan Public input on the Metro Bicycle Master Plan CC: Jeff Davidson, Planning Capt. Matt Johnson, Police Ron Knoche, Engineering Kent Ralston, JCCOG Assistant Transportation Planner John Sobaski, Traffic Engineering Superintendent John Yapp, JCCOG Executive Director Page 1 of 1 Kristopher Ackerson From: DelHolland@aol.com Sent: Wednesday, July 01, 2009 11:16 AM To: Kristopher Ackerson Subject: Public Comment -Draft JCCOG Metro Bicycle Master Plan Kris, want to formally state my support for the directions proposed in the Bicycle Master Plan. I hope that this is the first of many steps to making the area more bicycle friendly. I hope that this first step can be followed by bolder visions which might include much more covered bicycle parking, workiing with the University to greatly incentivise use of bicycles by both staff and students, making some steets bicycle boulevards, developing programs to promote employers encouragement of their employees riding to work, development of an enforcement culture in which bicyclists would feel more confident that their rights on the road will be respected as they will uphold their responsibilities. Sincerely, Del Holland 1701 East Court Street Iowa City, IA 52245 319-338-5220 ************** Dell Laptops: Huge Savings on Popular Laptops -Deals starting at $399 (http://pr.atwola.com/promoclk/100126575x1222883570x1201497211 /aol?redir=http: %2F% 2Faltfarm.mediaplex.com%2Fad%2Fck%2F12309%2D81939%2D1629%2D0) 7/16/2009 Page 1 of 2 Kristopher Ackerson From: Kristopher Ackerson Sent: Thursday, July 02, 2009 2:59 PM To: 'Grandon, Reuben P' Subject: RE: Metro Bicycle Master Plan Hello Mr. Grandon, Thank you for your interest and support. Regarding the Peninsula Pedestrian Bridge -this project is funded in the Capital Improvements Program, but it is only partially funded. Large projects such as this often require grant awards to complete. This month, we submitted a grant request for $400,000 to fund this project. Regarding moped parking -you're right, mopeds also need places to park. The Transportation Services Department is looking into solutions, including creating more motorcycle/moped parking areas downtown. Regarding Washington St. -later this year, we will conduct a thorough study of Washington Street to determine whether converting it to two-way will help improve traffic circulation. If you are interested in the results, contact me again this fall and I'll send you our report. Thanks again, Kris From: Grandon, Reuben P [mailto:reuben-Brandon@uiowa.eduJ Sent: Monday, June 15, 2009 9:33 PM To: Kristopher Ackerson Subject: Metro Bicycle Master Plan Mr. Ackerson - Thank you -and you colleagues -for all of your hard work and time commitment to the creation of the Bicycle Master Plan. You're work is admirable and I am excited to see our great city heading in the right direction! I have read through the document, and have just a little bit of feedback: First, I would like to see the Penninsula Pedestrian Bridge given higher priority. This would provide much needed pedestrian access to the disc golf course, dog park and Coralville. There is not a more biker friendly way to reach Coralville from Iowa City than the creation of this bridge. Further, there is absolutely no pedestrian access from Iowa City to Penninsula Park without going through Coralville or way out of the desired path (Foster Road). Of course, you know all of this, but I just want to express my view. Second, where would the mopeds park if they are not allowed to use the space at the bike racks? I understand there needs to be more space dedicated to bicycle parking, but believe disallowing the mopeds to park there as well would lead to other problems. I am in favor of bicycles over mopeds, though remain mindful that mopeds should be protected as well because of their minimal burden on parking and significant fuel efficiency. Lastly, I am skeptical that changing the direction of the lane on Washington St, making it a two-way, would actually relieve any sort of burden. Have there been studies performed to analyze this proposal? My skepticism lies in the fact that this would increase vehicle traffic on an already narrow street -and there is no opportunity to make Washington wider. I am curious to learn how this proposal is justified. I would rather see the Ped-Mall expand to Washington St. between Clinton and Dubuque. But hey, that's just one guys opinion. 7/16/2009 Page 2 of 2 Any clarification or statistics you could provide would certainly be intriguing. Again, thanks for all of your hard work. I'm excited for the future of Iowa City as a bikers community! Best, Reuben UI Undergraduate Student 7/ 16/2009 Metro Bicycle Master Plan Kristopher Ackerson From: Kristopher Ackerson Sent: Thursday, July 02, 2009 2:49 PM To: 'Schmidt, Gregory A (Internal Medicine)' Subject: RE: Metro Bicycle Master Plan Hello Mr. Schmidt, Thanks for your interest and support. Please see my responses to your comments below. Page 1 of 2 Regarding your first comment, the City of Iowa City Parks and Rec Department clears snow from all trails as soon as possible. The City of Coralville only clears trails that provide access to schools; the other trails are left alone to enable cross-country skiing. Clearing of sidewalks in both communities are the responsibility of the property owner -call the housing inspection department of either city to report un-shoveled sidewalks. Regarding your second comment, I have copied the City of Coralville Assistant Engineer to address your comment. Regarding number three, I agree. Regarding number four, I was surprised to learn that half of all bike-car collisions involve a motorist or cyclists under the age of 22. I do not know what percentage were the fault of the driver or cyclist, but it's clear that education could be well spent on younger road users. Thanks again for your comments. Please contact me anytime with further questions or observations. Regards, Kris From: Schmidt, Gregory A (Internal Medicine) [mailto:gregory-a-schmidt@uiowa.edu] Sent: Tuesday, June 23, 2009 1:33 PM To: Kristopher Ackerson Subject: Metro Bicycle Master Plan Kris, a few comments about the plan from someone who 1. commutes by bicycle daily, year-round; 2. rides recreationally on a regular basis; 3. moved to Iowa City, in part, because it is more bicycle-friendly than the south side of Chicago; and 4. has 3 boys who (against my wife's better judgment) ride bicycles on Iowa City's streets. 1. I'd like to see trails maintained also in Winter. I suspect liability issues loom larger than costs but I have to shift my commuting from trails to area roads (mostly Melrose) once the 1st snow falls. This is not good for auto traffic, not good for me, and does not encourage year-round commuting; 2. More traffic calming near the schools and at intersections children must cross to get to school is needed. A glaring example is the crossing of 2"d street at 12th Avenue in Coralville where the Clear Creek Trail sends a spur north to 2"d street. Many children cross here to get to Northwest Jr High and traffic is too fast and ill-behaved. Moreover, when the "Walk" signal comes on to allow the pedestrian/cautious cyclist to cross 2"d street Northbound, simultaneously the green right arrow is given to South-aiming (and West-turning, but East-looking) autos: a recipe for more accidents at this location. Such high-speed thoroughfares terrify parents who would otherwise let their children cycle to school -let's do away with them; 3. A community should care about more than shuttling their autos rapidly from place to place. No one will move to 7/16/2009 Metro Bicycle Master Plan Page 2 of 2 Iowa City if we speed traffic flow on Burlington street -just as no one will avoid moving here if traffic is slowed. But people will move here if they can ride bicycles safely and if their kids can ride safely to school (rather than depending on their mothers to give up their lives to become personal chauffeurs). I know, because this influenced, in some part, my decision to bring my family here from Chicago. The pedestrian/cycling bridge across the river at the Iowa River Power Restaurant is a beautiful example of an investment that enriches the community. This bridge is used extensively and adored by many. In my view, it is more than worth every dollar; 4. The proposed focus on education is fine, but puts too much of the responsibility for car-on-bike crashes on the cyclist. As some might debate but you probably know, most such collisions are the fault of the driver, not the cyclist. More needs to be done to educate drivers, such as more emphasis at the time of driver license renewal. Perhaps this could go some distance to reforming the car-centric culture that leads to cycling being an afterthought for many. really appreciate your efforts to make our community even better. We have a ways to go, but I'm optimistic! Thanks. Gregory A. Schmidt, MD Professor, Division of Pulmonary Diseases, Critical Care, and Occupational Medicine University of Iowa 200 Hawkins Drive, C33-GH Iowa City, IA 52242 (319) 384-6746 direct office (319) 384-9395 secretary (319) 356-7000 #1554 pager (319) 353-6406 fax gregory-a-schmidt@uiowa.edu 7/16/2009 D R A F T Metropolitan Bicycle Master Plan Submitted to: City of Coralville City of Iowa City City of Tiffin City of University Heights Johnson County University of Iowa Prepared by: Johnson County Council of Governments 410 East Washington Street Iowa City, IA 52240 www.jcco~.or~ (319) 356-5230 June 2009 ~-, * D R A F T * D R A F T What is JCCOG? The Johnson County Council of Governments (JCCOG) is the metropolitan planning organization for the Iowa City Urbanized Area, which, under the guidance of a public policy board, provides leadership, expertise, and services to member communities and agencies in Johnson County, Iowa. Assistance is provided to JCCOG member agencies in three specific program areas: transportation, human services, and assistance to small communities. JCCOG also coordinates forums for discussion of county-wide planning issues. Page i * D R A F T Acknowledgements The development of the Metro Bicycle Master Plan would not have been possible without the participation of the following individuals. JCCOG Regional Trails and Bicycling Committee: Terry Dahms, Friends of the Iowa River Scenic Trail Louise From, University Heights Mayor Brian Loring, Bicyclists of Iowa City Terrence Neuzil, Johnson County Board of Supervisors Royce Phillips, Tiffin City Council Sherri Proud, Parks & Recreation Director, Coralville Michelle Ribble, Commuter Programs, University of Iowa Shelly Simpson, Recreation Director, North Liberty Sally Stutsman, Johnson County Board of Supervisors Terry Trueblood, Parks & Recreation Director, Iowa City Coralville staff: Barry Bedford, Chief of Police Dan Holderness, City Engineer Iowa City staff: Matt Ewers, Web Developer Matt Johnson, Police Field Operations Commander Ron Knoche, City Engineer Sarah Walz, Associate Planner Johnson County staff: Josh Busard, Assistant Planner R.J. Moore, Planning & Zoning Department Assistant Administrator North Liberty staff: Jim Warkentin, Chief of Police Dean Wheatley, Planner University of Iowa staff: Robert Brooks, Building & Landscape Services Associate Director Megan Moeller, University of Iowa Wellness Coordinator Larry Wilson, Campus & Facilities Planning Associate Director University Heights: Josiah D. Bilskemper, Shive-Hattery Group, Inc. Engineer JCCOG bicycle planning team: John Yapp, Executive Director Kristopher Ackerson, Assistant Transportation Planner Darian Nagle-Lamm, Traffic Engineering Planner Kent Ralston, Assistant Transportation Planner Page ii * D R A F T Table of Contents What is JCCOG? .................................................................................. i Acknowledgements ........................................................................... ii Table of Contents ............................................................................ iii Executive Summary .......................................................................... 1 Chapter One: Introduction .............................................................. 5 Vision and Principles ......................................................................... 6 Previous Bicycle Planning Efforts and Successes ............................. 6 Planning Process ................................................................................ S Chapter Two: Existing Conditions .............................................. 11 Benefits and Concerns of Cycling .................................................... 11 Inventory of Bicycle Programs and Facilities ................................. 12 Inventory of Existing Bikeways ...................................................... 17 Other Bikeway Enhancements ........................................................ 23 Bicycle Collisions ............................................................................. 26 Chapter Three: Goals and Objectives ......................................... 31 Bicycle Participation Trends ........................................................... 31 Community Needs ........................................................................... 33 Goals and Objectives ........................................................................ 37 Chapter Four: Recommendations ................................................ 41 System-wide Recommendations ...................................................... 41 Community Recommendations ........................................................ 53 Recommended Infrastructure Projects ............................................ 57 Appendix A: On-Street Facility Criteria ..................................... 63 Appendix B: Iowa City Bicycle Parking Requirements .......... 67 References ........................................................................................ 73 Page iii * D R A F T Page iv * D R A F T Executive Summary Since 1968, six bicycle and trail plans have been created by the communities in the Iowa City urbanized area: Coralville, Iowa City, North Liberty, Tiffin, University Heights, and Johnson County. Today, most of the recommendations identified in those plans have been implemented. The JCCOG Metro Bicycle Master Plan outlines strategies to create an accessible, coordinated, and comfortable bike network bolstered by targeted education and encouragement programs, and enforcement and policy recommendations that build upon the existing bicycle network. The scope of the plan includes the urbanized area and important linkages to surrounding areas. This executive summary highlights existing bikeway facilities, community needs, goals and objectives, and recommendations for the urbanized area. Community Needs Assessment Future bicycle facilities need to reflect identified community needs. JCCOG engaged community input in a public involvement process, which included two community workshops and an online survey. The purpose of the workshops was to identify the most well-liked programs. Table ES-1 shows the commonly requested on-street facilities. Residents indicated a need for a number of improvements, including: Engineering -Install more on-street accommodations Education - Publish bike rack location map online, including sheltered racks and lockers Encouragement -Continue to offer free operational space to Iowa Bicycle Coalition and I.C. Bike Library Enforcement -Enforce headlight/reflector laws during non-daylight hours Evaluation -Conduct peak hour counts of bicycle commuting on- street DRAFT ` JCCOG Metro Bicycle Master Plan Page 1 * D R A F T Table ES - 1. Preferred on-street bike facilities at 2008 bike plan public workshops On-Street Facilities Count Percent Bike Lanes (new streets) 118 32% Bike Lanes (existing streets) 96 26% Sharrows 65 17% Way Finding Signs 38 10% Bike Boulevards 28 7% Bike Routes 21 6% Signed "Share the Road" 8 2% Total 374 100% Goals and Objectives The JCCOG Regional Trails and Bicycling Committee assisted in identifying ten goals to address the findings of this master plan. They provide a framework to plan for the future of the Urbanized Area's bike network. The goals, in non-priority order, are highlighted below. Goal 1. Implement the Metro Bicycle Master Plan Goal 2. Increase the number of people bicycling for transportation and recreation Goal 3. Improve bicyclist safety Goal 4. Reduce greenhouse gas emissions Goal 5. Improve health and fitness Goal 6. Education, enforcement, and encouragement Goal 7. Enhance economic development Goal 8. Build "Safe Routes to Schools" Goal 9. Provide bicycle parking Goal 10. Ensure high quality of service The plan goals provide objectives that the JCCOG entities should work towards to meet the communities' current and future bicycling needs. Moreover, the goals respond to suggestions and concerns that arose through the plan development process. System-wide Recommendations As the bicycle network evolves, prioritizing improvements is a challenge. The master plan recommendations synthesize an inventory Page 2 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T of bicycle facilities, input of 24 local staff and elected officials, and priorities identified through the public input process (645 participants). The following system-wide recommendations can be pursued by all communities in the Urbanized Area to become more bicycle-friendly. Engineering -Install on-street accommodations, which can include the following options depending on site conditions: ^ Shared lanes ^ Bike lanes ^ Wide curb lanes ^ Striped shoulders ^ Traffic calming Education -Facilitate bicycle safety through: ^ Public service announcements targeted at young adults; ^ Drivers' education classes; and ^ Elementary schools' physical education classes. Encouragement - Implement a coordinated way-finding system on trails and roadways across the Urbanized Area to assist route finding. Enforcement -Implement and publicize bike light enforcement program during the fall and offer discount bike lights to encourage safety. Evaluation -Achieve the platinum "Bicycle Friendly Community" designation from the League of American Bicyclists. Summary Completion of this plan is the next step toward becoming more bicycle friendly. With careful attention, bicycling will continue to be a viable option both for recreation and commuting. DRAFT ` JCCOG Metro Bicycle Master Plan Page 3 * D R A F T Page 4 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Chapter One Introduction Since 1968, six bicycle and trail plans have been created by the communities in the Iowa City Urbanized Area: Coralville, Iowa City, North Liberty, Tiffin, University Heights, and Johnson County. Today, most of the recommendations identified in those plans have been implemented, and trail planning and "Complete Streets" policies have institutionalized bicycle access for new developments. The local municipalities and the University of Iowa agreed a new regional bicycle plan will provide an inventory of existing facilities and identify new opportunities to improve bicycle access -many stemming from past enhancements. As the metropolitan planning organization for the area, the Johnson County Council of Governments (JCCOG) was asked to develop this plan. The JCCOG Metro Bicycle Master Plan outlines a strategy to create an accessible, coordinated, safe, and comfortable bike network that is bolstered by targeted education and encouragement programs, as well as enforcement and policy recommendations that expand the bicycle network. The scope of the plan includes the Urbanized Area and important links to surrounding areas. This chapter outlines the vision of the plan, history of local bicycle planning, the planning process, and an overview of subsequent chapters. Plan Overview This plan is organized into the following four chapters and two appendices: Chapter 1. Introduction Chapter 2. Existing Conditions Chapter 3. Goals and Objectives Chapter 4. Recommendations and Phasing Appendix A. On-Street Facility Criteria Appendix B. Sample Bike Parking Ordinance DRAFT ` JCCOG Metro Bicycle Master Plan Page 5 * D R A F T Vision and Principles The JCCOG member entities envision a convenient and efficient transportation system where people can bike safely to all destinations. This plan builds upon successful implementation of past bicycle plans and trail development and is intended to guide future on-street bicycle facilities in the JCCOG Urbanized Area to create a diverse and interconnected bicycle system. The following guiding principles outline the broad perspectives that created the foundation of this plani: Principle #1-All Bicyclists' Abilities Differ The Federal Highway Administration identifies three levels of bicyclists-Advanced, Basic, and Children but in reality, there is a continuum in skill level and needs. Residents ride for many different reasons, including commuting, running errands, recreation, exercise, and competitive sport. Principle #2-Anticipate Bicycles on Every Street Cyclists want to go to the same places motorists want to go; therefore, cyclists will ride on every street -except the interstate highways - to some extent. While the bicycle system, once completed, will provide suggested routes for cyclists that cannot possibly serve every destination or satisfy every cyclist's unique needs for directness and comfort. Principle #3-It's More Than Just Getting There Trails alone will not make the JCCOG Urbanized Area a good bicycling region. Support facilities such as on-street pavement markings, bike parking, signage, and programs on enforcement and safety education are also critical components. Principle #4-Coordination is Essential Each community in the Urbanized Area will identify action steps unique to their community, based on existing conditions and priorities. This Bicycle Master Plan will outline along-term strategy that each community will work toward independently to achieve the vision of the community as a whole. Previous Bicycle Planning Efforts and Successes 1960s -Bicycling planning ef'f'orts in the metro area have a long history. The first plan was developed by Project GREEN in 1968. A Page 6 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T few of the notable recommendations in the Hawkeye Area Bikeway System that were implemented include: the trail through City Park, the sidewalk/trail along Rocky Shore Drive, the Coralville Connection Trail along the river, and the rural sidewalk/trail along Dubuque Street north of Butler Bridge. 1970s - In 1974, Iowa City hired Stanley Consultants to prepare a study of the Iowa River. The Iowa River Corridor Study included numerous recommendations to enhance the corridor, including a trail from the Coralville Reservoir Dam to Napoleon Park. Approximately 9.5 miles of the proposed 13-mile trail have been constructed to date. The Iowa City Riverfront and Natural Areas Commission prepared an update of the trail recommendations of The Iowa River Corridor Study in 1993 and, with a few minor adjustments, reiterated the recommendations and set new priorities for trail construction, which have since been completed. The cities of Iowa City and Coralville and the University of Iowa added bicycle facilities in the 1970s: 1) Iowa City and Coralville installed bike lanes, 2) Iowa City and the University installed bike racks, and 3) the University built the Finkbine Commuter Bikeway. 1980s -During the 1980s, the Iowa City City Council adopted the Iowa City Bikeways Report and Plan, which included detailed recommendations for on- and off-street facilities, cost estimates, and a schedule for implementation. However, shortly after adoption of the plan, federal funding for these programs was eliminated and the plan was not implemented. No other bicycle planning efforts were undertaken in the region during this period. Project GREEN continued to promote and raise funds for the Iowa River Corridor Trail, and the Bicyclists of Iowa City, Inc. (BIC) -formed in 1976 - promoted cycling for commuting and recreation through various public outreach efforts, including public service announcements and local access television programs. 1990s -Bicycle use increased significantly during 1990s, due in large part to the popularity of mountain bikes. BIC continued to promote on-street facilities, and trained bicyclists to follow the rules of the road while using the facilities. The first Bike-To-Work Day was held in 1990 and, with ongoing financial support from the cities of Iowa City and Coralville, the annual event continued to grow, drawing over 2,000 participants in Spring 2008. The Friends of the Iowa River DRAFT ` JCCOG Metro Bicycle Master Plan Page 7 Figure 1: Mayors' Ride during Bike- to-Work Week, 2008; photo by Donald Baxter. * D R A F T Scenic Trail (FIRST) was also formed in 1990 to promote completion of the Iowa River Corridor Trail. JCCOG created an Assistant Transportation Planner position in 1992 to focus on pedestrian and bicycle planning, and in 1993 the JCCOG Regional Trails and Bicycling Committee was formed to discuss trails and on-street facilities in the metro area. In 1993, the City of Coralville adopted a trail plan that called for trails in developed and undeveloped areas of the city. During the same year, the University contracted Steve Clark Associates, a bicycle and pedestrian planning firm, to make recommendations regarding bike parking on campus, possible street closures, and traffic signals. In 2007, the University conducted afollow-up study and found the number of bikes on campus increased 5 percent and the number of improperly parked bicycles decreased 92 percent since 1993. In 1994, JCCOG created the Urbanized Area Bicycle Plan. Some of the notable recommendations that have since been implemented include the Iowa City Bike Patrol Program, annual proclamation of May as Bicycle Month, the annual JCCOG Trails Map, and the creation of the Johnson County Trails Plan. 2000 to present -Trail planning has been remarkably successful since the mid-1990s. Today, over 40 miles of multi-use trails provide recreation access to unique natural areas in the Urbanized Area. In 2000, Johnson County hired Dunbar-Jones consultants to identify regional trail opportunities, and in 2006 JCCOG developed the Johnson County Shared Use Trails Plan to prioritize rural trail projects. Bicycle planning efforts were augmented greatly in 2006 and 2007, when JCCOG and the City of Iowa City, respectively, passed Complete Streets Policies, which mandate that federal and locally funded transportation projects be designed to accommodate use by pedestrians, bicyclists, public transit, and motorists. In 2007, the City of Iowa City applied to become aBike-Friendly Community - a designation bestowed by the League of American Bicyclists. The subsequent "Honorable Mention" rekindled long- standing interest in planning a comprehensive, regional bicycle network. Planning Process The JCCOG Metro Bicycle Master Plan builds upon past achievements in developing a bicycle network for residents and visitors. Staff also depended on the experience and expertise of community members to help develop the plan. Page 8 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T The planning process involved several steps: 1) taking an inventory of bicycle accommodations and determining the level of service; 2) undertaking a community needs assessment, which considered factors such as demographic characteristics, population growth, and cycling participation trends; and 3) combining information from the needs assessment with the inventory and level of service analysis to create the Recommendations and Bicycle Infrastructure Projects (see Chapter 4). Together, these components make up the Metro Bicycle Master Plan for communities in the Urbanized Area -giving the communities direction to accommodate the needs of current and future cyclists. Public Involvement Two community workshops were held to obtain public input for the plan (see Chapter 3 for summaries). One workshop addressed the assets and opportunities in Coralville, North Liberty, Tiffin, and Johnson County, while the second focused on Iowa City, University Heights, and the University of Iowa. An online survey provided detailed feedback regarding local cycling trends. To identify current issues and potential solutions, the JCCOG planning team met with staff from the cities of Coralville, Iowa City, North Liberty, Tiffin, University Heights, the Iowa City Community School District, the University of Iowa, as well as local bicycle advocates. Upon completion of the draft plan in May 2009, JCCOG hosted a public open house during "Bike-to-Work Week" to obtain feedback and solicit input. Steering Committee The JCCOG Regional Trails and Bicycling Committee (RTBC) consider the needs of all cyclists when providing recommendations to the JCCOG Urbanized Area Policy Board. Thus, the RTBC was a logical choice f'or steering committee of'this plan. Additionally, JCCOG staff met individually with planners, engineers, law enforcement officers, and elected officials from all JCCOG entities to ensure the plan is reasonable given long-term opportunities and constraints. DRAFT ` JCCOG Metro Bicycle Master Plan Page 9 Figure 2: Bike planning workshop participants; photo by Darian Nagle-Gamm. * D R A F T Project Timeline The following project timeline was developed for the Metro Bicycle Master Plan planning process: ^ August 5, 2008 -Kick-off meeting with RTBC ^ August to November 2008 -Meet with city, county, and school district representatives ^ Late September 2008 - Coralville /North Liberty / Tiffin / Johnson County workshop ^ Early October 2008 - Iowa City / University Heights / University of Iowa community workshop ^ October 2008 -Online survey ^ November 2008 -Meet with Tiffin, University Heights, and school districts' staff ^ Late November 2008 -Summary of community workshops and draft chapters reviewed by RTBC ^ Early February 2009 - Draft plan released including recommendations submitted to RTBC for review ^ Early May 2009 -Public open house during Bike-to-Work Week ^ May 2009 -Draft plan submitted to JCCOG Transportation Technical Advisory Committee and Board for consideration ^ June 2009 -Public comment period on draft ^ Mid-July 2009 - JCCOG member entities adopt the Metro Bicycle Master Plan Page 10 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Chapter Two Existing Conditions A critical aspect of planning for the future of the area's bicycle network is an inventory and assessment of the existing bicycle facilities. This chapter provides a summary of the benefits and challenges of cycling to illustrate why bicycle accommodations are necessary. The chapter concludes with an inventory of the existing bicycle programs and enhancements in the Urbanized Area. Benefits and Concerns of Cycling People ride bicycles for a multitude of reasons. For many cyclists, it is not "Nothing compares to the simple pleasure of a bike surprising that the popularity of cycling ride." has endured since its invention in the ~ John F. Kennedy 1860s. Many people find that bicycles are a cheap, fast, healthy, and environmentally friendly mode of transportation. The following briefly summarizes some of the most common assets and benefits of bicycling. Transportation - Many trips that Iowans make daily are short enough to be accomplished by bicycle. Approximately 40 percent of all trips are less than two miles in length, which equates to a 10-minute bike rideii. Bicycles are an important mode of transportation for commuting to work, school, shopping, and other destinations. As a result, many bicycles are equipped with racks, baskets, and children's seats. Bicycles provide virtually door-to-door service in urban areas, which also reduces congestion and demand for parking. Moreover, people who cannot afford a vehicle, or who are unable to drive, are often able to purchase a bicycle. Money Facts ^ The cost of operating a sedan for one year is approximately $7,800 (AAA, Your Driving Costs). ^ The cost of operating a bicycle for a year is just $120 (League of American Bicyclists). ^ According to 2004 data from AAA estimates and U.S. Census surveys, ownership of one motor vehicle accounts for more than 18 percent of a typical household's income. DRAFT ` JCCOG Metro Bicycle Master Plan Page 11 * D R A F T Health, fitness, and quality of life -Cycling is popular as a form of recreation, which includes leisurely riding and racing. Yet, the physiological benefits of cycling are the same for recreational cyclists as they are for bike commuters. Riding improves muscle tone, stamina, and as a form of exercise, has been shown to reduce stress~~~ Energy Savings -The bicycle is very efficient. A cyclist uses 2/3 the amount of energy to reach a destination compared to walking and 1/40 the amount of energy compared to driving the same distance. Thus energy consumption can be reduced when bicycles are used for regular commuting and short trips. Versatility -Bicycles are accessible to people of all ages. Cyclists can often go where vehicles cannot and parking a bicycle is typically easy. Thus, the bicycle provides increased mobility and freedom in urban settings where distances are short. Despite the benefits, there are also common problems with cycling, including: ^ theft; ^ safety; ^ conflicts with motorists; ^ weather; and ^ topography. To address concerns, communities often implement programs to help moderate the challenges associated with cycling. The existing programs and facilities offered in the Iowa City Urbanized Area are outlined in the following section. Inventory of Bicycle Programs and Facilities The Five E's of bicycle planning are based on guidance provided by the League of American Bicyclists (LAB), which recommends assessing bicycle facilities and programs using these five areas: Engineering, Education, Encouragement, Enforcement, and Evaluation. If a community applies for "Bicycle Friendly Community" recognition from the LAB, the following inventory provides a comprehensive snap-shot of existing conditions - a key component of the application. The Urbanized Area is relatively unique among Iowa communities because the five municipalities and the University of Iowa are immediate neighbors. Thus, many local programs and facilities serve residents of all the communities. Communities that are currently Page 12 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T offering bicycle facilities and services are identified in parentheses, using abbreviations: ^ Bicyclists of Iowa City - BIC ^ Clear Creek/Amana School District - CCA ^ City of Coralville - CV ^ Iowa Bicycle Coalition -IBC ^ City of Iowa City - IC ^ Johnson County, Iowa - JC ^ Johnson County Council of Governments - JCCOG ^ City of North Liberty - NL ^ City of Tiffin - TF ^ City of University Heights - UH ^ University of Iowa - UI The scope of this inventory focuses on urban areas but includes popular links between urban and rural areas. The following sections outline the existing facilities for cyclists. Engineering Communities in the Urbanized Area currently offer the following on- the-ground cycling facilities in the community: ^ Designing transportation infrastructure with guidance from the American Association of State Highway and Transportation Officials (AASHTO) standards (All). ^ Offering over 40 miles of trails (All). ^ Implementing trails and sidewalk connectors on cul-de-sacs (IC, CV, NL, TF). ^ Installing warning signs, mile marker stencils, and limited way-finding signs on trails (CV, IC, NL, TF, UI). ^ Designing new roads with consideration given to pedestrians, bicycles, transit, and vehicle access through adoption of a Complete Streets Policy (IC, JCCOG). ^ Implementing five-foot-wide paved and striped shoulders on rural road reconstruction projects; recently completed projects include portions of Sand Road, Mehaffey Bridge Road, Prairie Du Chien, and Highway 382 from Solon to Lake McBride (JC). ^ Maintaining 0.7 miles of bike lanes in Coralville and 0.4 miles in Iowa City (CV, IC). DRAFT ` JCCOG Metro Bicycle Master Plan Page 13 * D R A F T ^ Offering an outdoor "bike elevator" -accessible to cyclists directly from the sidewalk - on Madison Street at the North Campus Parking Ramp (UI). Education Education can be a powerful tool for changing behavior and improving safety skills. Bicyclists and motorists alike can benefit from educational tools and messages that teach them the rules, rights, and responsibilities of various modes of traveli° ^ Promoting safety tips for cycling in 8,000 Metro Trails Maps distributed for free (All). ^ Promoting the Johnson County Trails Foundation for bicycle enhancement funding opportunities (All). ^ Maintaining trail map signs on portions of the Iowa River Corridor Trail, Willow Creek Trail, Sycamore Greenway, and North Ridge/North Liberty Trail (BIC, IC, CV, NL). ^ Offering three local League of American Bicyclists instructors: Gregory Kovaciny, Iowa City; Dick & Vicki Siefers, Coralville; Mark Wyatt, North Liberty (All). ^ Teaching secondary school children rules of the road by Community Relations Police Officers (CV, IC, NL, UH). ^ Distributing bike parking maps (IC, UI, UH). ^ Providing bike trail riding experience and rules-of-the-road lessons to youth summer campers (CV, IC, NL). ^ Offering two "Bike Rodeo" courses each year for 20 years through the Optimists Club (CCA, CV, IC, NL, UH). ^ Maintaining bicycle registration service (CV, IC, UI). ^ Maintaining "Share the Road" signs on select streets (IC). ^ Offering two "Effective Cycling'' courses for adults and children each year (IBC). ^ Proclaiming May as "Bicycle Month" annually (CV, IC). ^ Offering touring and mountain biking classes (UI). Encouragement This category concentrates on how the communities promote and encourage bicycling: ^ Funding annual production and distribution of 8,000 Metro Trails Maps (All). Page 14 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T ^ Offering helmets, for sale at cost, to residents at Recreation Centers (CV, IC, NL). ^ Encouraging provision of bicycle parking at new commercial and multi-family developments (CV, IC, NL, TF, UH). ^ Enforcing bike parking ordinance (see Appendix B) requiring bike racks at new commercial and multi-family developments (IC). ^ Installing bike racks at new public buildings (CV, IC, UI). ^ Offering covered bike parking spaces at key destinations (IC, UI). ^ Providing free operational space to the Iowa Bicycle Coalition and the Iowa City Bike Library (CV, IC). ^ Implementing ongoing downtown bike parking infill program, which has installed 98 bike racks to date (IC). ^ Offering 11 public bike lockers in downtown (Figure 3) (IC). ^ Facilitating bike commuting by offering bike carriers on public buses (Figure 4) (CV, IC). ^ Funding Bike-to-Work Week activities ($1,500 annually per city), including the Mayor's Ride; Bike-Bus-Car Race; two roadside bicycle breakfasts; and public forums (IC, Cam. In 2008, more than 2,000 residents participated in these events. ^ Providing Health Risk Assessments and monetary incentive for employees to promote healthy lifestyles, including cycling (UI). 19 Figure 3: Bike locker at Court Street parking structure; photo by City of Iowa City. DRAFT ` JCCOG Metro Bicycle Master Plan Page 15 Figure 4: A resident loads bicycles on a city bus; photo by City of Iowa City. * D R A F T Enforcement The enforcement category highlights partnerships between the cycling and law enforcement communities: ^ Providing emergency response and security on all public roads and trails (All). ^ Enforcing rules of the road by Police and Sheriff Departments (All). ^ Encouraging compliance with Iowa state lawv requiring headlights and rear reflectors on bicycles during non- daylight hours (All). Y ^ Offering police escorts and traffic Iowa home football game, control for organized rides, including 2008; photo by JCCOG. RAGBRAI, Mayor's Ride, Bicyclists of Iowa City Old Capitol Criterium, and others (All). ^ Maintaining Police Department bike patrol units and trained officers (Figure 5) (IC, CV, NL, UH, UI). ^ Ticketing mopeds and motorcycles parked at bike racks (UI). ^ Implementing "I Got Caught" campaign, offering coupons to youth "caught" obeying the rules of the road while cycling (IC, UH). Evaluation The evaluation category summarizes ways communities are planning for future bicycle facilities, measure the amount of cycling taking place in the community, and ways that the community works to improve these numbers: ^ Seeking feedback and oversight from participating members of the JCCOG Regional Trails and Bicycling Committee (All). ^ Planning and maintaining the coordinated metro area 40-mile trail network (All). ^ Seeking feedback and oversight from participating members of the Johnson County Trails Committee (BIC, JC, JCCOG). ^ Maintaining the position of Bicycle Coordinator for the Urbanized Area (JCCOG). ^ Providing a full-time Director of the Office of Sustainability who promotes sustainable practices, including cycling (UI). Page 16 JCCOG Metro Bicycle Master Plan `DRAFT Figure 5: Bicycle patrol officers at Universit of * D R A F T ^ Coordinating and staffing the JCCOG Regional Trails and Bicycling Committee (JCCOG). ^ Responding to spot maintenance requests via downloadable report form on www.jccog.org and forwarding to controlling municipality (JCCOG). ^ Conducting annual trail counts at select locations to monitor changes in trail usage (JCCOG). ^ Conducting peak hour bicycle counts at select locations to monitor bicycle commuting (JCCOG). ^ Responding to bicycle-related research and data requests from municipalities (JCCOG). Inventory of Existing Bikeways Aside from many of the programs offered by municipalities in the Urbanized Area, the most visible bicycle facilities to cyclists are often those on the ground -trails, bike lanes, bike racks, way-finding signs, and "Share the Road" signs (see map following page). Both JCCOG municipalities and the University of Iowa inventory these facilities to assess future need. This section details existing bikeway facilities in the Urbanized Area. DRAFT ` JCCOG Metro Bicycle Master Plan Page 17 * D R A F T Prepared 6y Kristopher Ackerson PfPOdfP<1 GP.pIP.R4~Pf 7.ri 7MB Page 18 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Streets - Cyclists want to go to the same places motorists want to go, and can legally ride on every street -except the interstate highways - to some extent. According to local survey respondents, residents prefer riding on local collector streets (44 percent) over major boulevards (20 percent). The bicycle network, once completed, will provide improved routes for cyclists, but the network cannot satisfy every cyclist's unique needs for directness and comfort. Moderately skilled and beginner cyclists are often uncomfortable riding on busier streets. Providing enhancements that make more cyclists comfortable riding on- street is one of the goals of this plan. Local cyclists interviewed as part of a focus group in 2008 identified loose sand and gravel on the roadway, especially during spring months, as the most common cause of "wipe outs"~. Street sweeping schedules could be reviewed to reduce these types of accidents. Highway 1, Highway 6, and Highway 965 traverse the Urbanized Area and are the least bicycle friendly corridors, according to public input. In the past, the Iowa Department of Transportation and cities designed these roadways for Bike Routes, Lanes, and Paths -How are they different? Bikeway - A general term for any street or trail which is specifically designated for bicycle travel, regardless of whether such facilities are designed for the exclusive use of bicycles or are to be shared with other transportation modes. Wide Curb Lane - A roadway travel lane that can accommodate both bicyclists and motorists, while allowing sufficient room for passing. Bicycle Lane - A bike lane is a portion of a street that has been designated by striping, signage, and pavement markings for preferential or exclusive use of bicycles. Bicycle Route - A system of roadways signed for the shared use of automobiles and bicyclists without striping or pavement markings. Trails/Paths - A bikeway that is physically separated from motor vehicle traffic by open space or a barrier and is either within the road right-of-way or within an independent right-of- way. These are also referred to as a shared-use or multi-use paths, or recreation trails. vehicles and created sidewalks for bicycles. This approach has been successfully implemented in Coralville, while Iowa City is constrained by right-of-way limitations in the downtown area. Plans are under development for wide sidewalks along Highway 965. Wide Curb Lanes - To facilitate bike commuting, communities in the Urbanized Area typically construct arterial roads with wide curb lanes (greater than 12 feet wide) to accommodate both cyclists and motorists - allowing sufficient room for passing. A partial list of streets with wide curb lanes includes: DRAFT ` JCCOG Metro Bicycle Master Plan Page 19 * D R A F T Iowa City Coralville ^ Dodge Street 1St Avenue ^ First Avenue 5th Street ^ Governor Street 10th Street ^ Highland Avenue 12th Avenue ^ Jefferson Street Holiday Road ^ Keokuk Avenue Oakdale Boulevard ^ Market Street North Liberty ^ Muscatine Road Cherry Street ^ Prairie Du Chien Road Forever Green Road ^ Rochester Avenue Front Street ^ Scott Boulevard Penn Street University Heights ^ Melrose Avenue Bike Lanes -Most of the eight miles of area bike lanes were removed in the late 198Os in response to advocates that argued bicycles should not be constrained to bike lanes. Today, Iowa City and Coralville have 0.7 and 0.4 miles of bike lanes, respectively. These two segments are found on Melrose Avenue (Figure 6) in Iowa City and 5th Street in Coralville. Signed "Share the Road" -When most bike lanes and bike routes were removed in Iowa City in the late 198Os, many of those streets received "Share the Road" signs. The signs, found in Iowa City, are an effective educational tool but are not regulatory. Striped Shoulders -This bicycle facility includes a paved portion of the roadway to the right of the edge stripe designed to serve bicyclists. A partial list of streets with striped shoulders includes: Page 20 JCCOG Metro Bicycle Master Plan `DRAFT Figure 6: Bike lane on Melrose Avenue; by Kris Ackerson. * D R A F T ^ Camp Cardinal Boulevard Scott Boulevard ^ Prairie Du Chien Road Sunset Street ^ Rohret Road Sidewalks and Wide-Sidewalks -Most new and reconstructed roadways in the Urbanized Area offer one wide-sidewalk. In residential areas, sidewalk riding by young children is common. With lower bicycle speeds and lower cross street auto speeds, potential conflicts are lessened, but still exist. Nevertheless, this type of sidewalk bicycle use is accepted. It is inappropriate to sign these facilities as bicycle routes. The American Association of State Highway and Transportation Officials (AASHTO) cautions: It is important to recognize that the development of extremely wide sidewalks does not necessarily add to the safety of sidewalk bicycle travel, since wide sidewalks encourage higher speed bicycle use and increase potential for conflicts with motor vehicles at driveways, as well as with pedestrians and fixed objects... Motorists entering driveways often will not notice bicyclists approaching from their right; they are not expecting contra-flow vehicles. Even bicyclists approaching from the left often go unnoticed, especially when sight distances are limited~i. Concerns about safety when riding on sidewalks are based on empirical research. Two oft-cited comparative studies of collision rates found that cyclists on sidewalks are at 1.8 times greater risk of collisions than when riding in the street~ii, while another study found cycling on sidewalks "... we (Oregon DOT) build wide sidewalks sparingly because of their operational problems... " Michael Ronkin, State Bike/Ped Coordinator, Oregon DOT resulted in 2.5 times more collisions than riding in-streetiX. Both of these studies were corridors with typical access control for arterial roads. based on urban Multi-Use Trails -Since the mid-1990s, trail development has flourished in and between the cities in the Urbanized Area. Today, cyclists can ride from Napoleon Park in south Iowa City to North Liberty (via the Iowa River Corridor Trail, Clear Creek Trail and North Ridge/North Liberty Trail) or to West Overlook Road and the Coralville Reservoir (via the Iowa River Corridor Trail), riding almost exclusively on multi-use trails (see map on the following page). The longest trails in the area, which are generally paved, ADA accessible, and marked with mile markers and warning signs (e.g., stop, curve ahead, etc.), include the following: DRAFT ` JCCOG Metro Bicycle Master Plan Page 21 * D R A F T ^ Iowa River Corridor Trail (9.5 miles) ^ North Ridge/North Liberty Trail (4.6 miles) ^ Clear Creek Trail (3.6 miles) ^ Waterworks Prairie Trail (2.3 miles) ^ Sycamore Greenway Trail (2.2 miles) ^ Willow Creek Trail (1.5 miles) ^ Auburn Hills Trail (l.l mile) ^ Court Hill Trail (0.9 mile) ^ Finkbine Trail (0.9 mile) ^ Mormon Handcart Trail (0.4 mile) Mountain Bike Trails - The popularity of mountain biking has gown significantly in the past decade, and Sugar Bottom Recreation Area provides renowned off-road, single-track trail riding. The Iowa Coalition of Off-Road Riders (ICORR), a local non-profit, builds and maintains the trails through a unique partnership with the U.S. Army Corps of Engineers, which owns the land. ICORR logs 600 volunteer hours of trail work and 200 volunteer hours of patrol each year to keep the 10.6 miles of Sugar Bottom trails open for bikes (Figure 7). Shared Lane Arrow - Roadways are often too narrow to be safely shared side-by-side by cyclists and passing motorists. A shared lane marking, also known as a "sharrow" (Figure 8), does not demarcate a separated bicycle lane, but instead directs the bicyclist to travel in the proper lane position. . ~~ :~~ ~` ~° "~ ~~ ', Figure 8: Shared lane arrow in Denver. Only a couple cities in Iowa currently use sharrows, but they have been found to improve riding conditions for cyclists on downtown streets in communities nationwide. A recent study in San Francisco found that when passing vehicles are present, sharrows cause an increase of over 2 feet in the distance between cyclists and passing Page 22 JCCOG Metro Bicycle Master Plan `DRAFT Figure 7: Volunteers at Sugar Bottom Recreation Area; photo by Pat McKay. * D R A F T vehicles. In addition, the markings increase the distance between cyclists and parked cars by 3-4 inches. Other Bikeway Enhancements Bike Elevator -The University of Iowa constructed the North Campus parking structure with an elevator accessible from the street. The elevator is gaining popularity among cyclists who use it to avoid riding up the steep bluff from Madison Street to Clinton Street. Public Art -Appealing to people of all ages, some bikeways and trailheads in the area boast public art installations. The sculpture, "Wing in Flight," by Mark LaMair, found on the Sycamore Greenway Trail, is one example (Figure 9). Way-finding Signs -Visual cues are crucial attributes of a bicycle network because they enable people to navigate without stopping to review a map. The trail system has grown dramatically in recent years and today the area boasts 70+ trailheads, yet most of these are not labeled (Figure 10). Serious bike enthusiasts will search out trails, but casual riders are less apt to take advantage of our trail network without improved signage. Through apublic/non-profit partnership, the Bicyclists of Iowa City helped purchase trail map signs that are posted on segments of trails throughout the community. The signs are not to scale and sometimes lack "You Are Here" indicators. a~ s; Figure 9: "Wing in Flight," on Sycamore Greenway; photo by City of Iowa City. Figure 10: Trail sign on Willow Creek Trail; photo by City of Iowa City. Bike Parking -City of Iowa City and the University of Iowa staff inventory bike racks and bike rack usage annually to ensure adequate availability for cyclists. A brochure published in 2008 includes a map of over 400 bike racks and sheltered bike parking in the Iowa City, Coralville, and University campus areas (see map on the following page). Sheltered bike parking is provided at the following locations: ^ Old Capitol Mall Parking Ramp (Clinton Street entrance) ^ Iowa City Public Library (north of entrance on Linn Street) DRAFT ` JCCOG Metro Bicycle Master Plan Page 23 * D R A F T ^ University of Iowa Hospital Parking Ramp 2 (east and southwest entrances) and Ramp 4 (north entrance) ^ University of Iowa Memorial Union Parking Ramp (Level 4 - Cleary Walkway entrance) Page 24 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T ~,o ~o~~oo ~~ ~; ~ o 3nve~ ~~~~~ ~ hr~~g - n oc~ooo ~CS'~~o~66oc?'~~Slc]Y6r9i f.' ~~~~jj Q ~ _ ~' 2 ~ ~ ~~V bl z IC N~?iNA Ntl~S ~ S ~ • h • ~ a„ ~ z w~ '`~ ~ ! • I' ~ • a t' NNI~ S ~~ + r • tr N r ~ ` lY ~ ~, F _ _.. _. .. ~ ~, 21 J ~'~~ SN OlNR~ - ~. ~ ~ - 1S NOl 1 '~ •~ I a~ _ ~ ~ n .Y -~~~ E } - Y'r - ~ _ ___ ~~ - O L y - - m ^ ~ ,. ~ ,„~ -- ~ ,ip~! ~opuro~ la~i~,, ~i ' ~ ~w-I~ s v¢ ; ~~ - L, ICI, ~no'4MV""vala =~ - ~ ;S~~Q- s ~_; I it 3.,,^VS4~~~ Q-' ' ! _. ~ m J 3 T-~ m fj a Gj I ci~' ~ i- e" ~~ z_ ~ ~ ~ • 1 v~ • 1~ ~A+r. p.Kya~~. ~nvr~sa~,, ~: o ~ ~, ~ ~ ~ a z Ir ~ ~ l any Nvnvo~vw ~ ~ m • ~"~. _, _ i riw~ ~ ~~~ s~~ ~ _. _ ~ 2 _ o '` ~- ~', I Q ~ ®a ~ _~ L ~ ~ ~" i In! a ~ a = ~j ~. ~~ a E ~~ ,r ~ I o v o a v InONII -r4'Cn ~~ ~ ~ ~ ~ ~ 1 Y ~ ~ ~ i 1~ pp y L N CO ~ ~ ~ ~ ~` 11 J ~ (n N J ~ ~ ~Q ~r ~ ~. • • • ~ ~~' S Y I ~ ~ r` m a •~tcQ,f ~P m • ~ ~P~ F • U \~ ,- GOB ~` a Y a` `DRAFT ` JCCOG Metro Bicycle Master Plan Page 25 * D R A F T ^ University of Iowa Eckstein Medical Research Building (south entrance) ^ University of Iowa Medical Research Center (north entrance) ^ University of Iowa Nursing Building (south entrance) Bike lockers are rented for a small fee at the following location: ^ Court Street Multimodal Transportation Parking Ramp (Court Street and South Dubuque Street) Bike corrals are provided in the following location: University of Iowa Hospital Parking Ramp 2 (east and southwest entrances) and Ramp 4 (north entrance) Private/Public Partnerships -The City of Coralville provides free operational space to the Iowa Bicycle Coalition, which works statewide to promote cycling as safe and enjoyable recreation and transportation. The 501(c)(3) nonprofit group was launched by bicycling advocates from across Iowa and represents road riders, mountain bikers, recreation riders, and commuters. Since 2004, approximately 700 people have checked out bicycles at the Iowa City Bike Library, which seeks to increase ridership through education. The City of Iowa City provides free operational space in the John Wilson Building, and Environmental Advocates, a local nonprofit, acts as a fiscal agent for the Bike Library. The Bicyclists of Iowa City (BIC) contributed money for a second fully equipped self- serve bike maintenance workbench. The Bike Library depends on volunteer labor for all operations, including repairs, salvage, education courses, and rental bench work, for a total of 1,092 volunteer hours in 2008. In addition to its core mission, the Iowa City Bike Library also seeks to divert bicycles from the landfill. In 2007, over 7000 pounds of metal were recycled at a local scrap yard and 660 pounds of bike tires and tubes were recycled through the City of Iowa City's tire recycling program. Bicycle Collisions Analysis of'the 273 documented on-street collisions in Johnson County between 2001 and 2007 revealed several trends. First, more than half of all on-street collisions involved cyclists 22 years old or younger, which suggests that education ef'f'orts could be focused on this demographic (Figure 11). Second, of the on-street collisions where safety equipment was checked, only 25 percent of cyclists were Page 26 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T wearing helmets (not required by law) and none had lights on their bicycles (required by state and local code). Figure 11: Age of cyclists in collisions in Johnson County, 2001-2007 ~o eo Half of all bicycle collisions involve cyclists under the so age of 22. a 40 .Q ~. 30 m 20 - 10 0 ~1,~ ~<<o ,y0 ,yh .LO .Lh ~,O .,,h p0 Ph ~O h~ ~O ~h ,~O ,~~ G,O 0'v Jca ~ titi ti~ titi ti~ ,,,ti ,,~0 Pti P~ ~ti h~ ~ti ~~ 1ti 1~ O~~ Age of Cyclist Source: Iowa Department of Transportation data, 2001-2007; Analysis from "Bicycle Collisions in Johnson County," by P. Knapp, S. Knoploh-Odole, L. Levy, J. Rosenberg, and S. Snyder; University of Iowa Department of Urban & Regional Planning; 2008. Of the bike collisions that occur on-street, a substantial number of collisions occur in the fall when students return to school (Figure 12). These statistics suggest that educational outreach should be targeted toward young adults and that enhanced education of bike light and reflector laws could reduce collision rates. Figure 12: Age of cyclists in collisions in Johnson County, 2001-2007 60 s0 - 40 u° 30 a - 20 m 10 0 tT•Tl T T T T rl_ '~°Ja~~e'o`Ja~ ~~~ P~~ ~a~ '~~e 'J-1 P~~e ¢~.pe0`~e~,e~.pe~ e~,~eg Collisions increase when students begin the school year. Source: Iowa Department of Transportation data, 2001-2007; Analysis from "Bicycle Collisions in Johnson County," by P. Knapp, S. Knoploh-Odole, L. Levy, J. Rosenberg, and S. Snyder; University of Iowa Department of Urban & Regional Planning; 2008. Not surprisingly, streets with high numbers of cyclists traveling with medium to high volumes of vehicles tend to experience higher rates of bike collisions. Burlington Street, Gilbert Street, and Dodge Street are the most common corridors with collisions (Table 1). On-street pavement markings, such as bike lanes and sharrows, are a common DRAFT ` JCCOG Metro Bicycle Master Plan Page 27 * D R A F T tool on roadways where traffic volumes and speeds lead to conflicts between vehicles and bicycles (see map below). Lltlt pti' eC,01T8Ila NEB ~~~~ ~ ° ff ~~ } ~ ~ ~ ~ _ 1 ~ ~ 3 {~ ~~ - is w ~ ~ ~ z / ! ~~ i+~DGN TR NF O ~'~~ f 11 L Ar . ~ Z ~` m ... ~, ~ r}y~ h _ TURKEY C0.~EK RU '''- f ~ .. C~ . ~ ~l w `~ i, i . r ~ ~ ~ ~ _ V Y~ ' ° C ~ ~ ~i ' ~.~~ 'p .. aIJ~AtY .2-ONE '~ L . __ i y ~ - _.. - ___~- .. - ~ °20 ST NE UNOEFINEO Nt' ~~ I V ] ~?. ., d ~ ~ a a y, , T ~ v ~r r ~ ~ ~ -~ ~ C I - I ~ rim. :: •/ h m"eil f L Pfi ' ,• s s ,~ ~~ -_ ! I1 `. Bicycle Collision Injuries ~ ~~; ' 11f ~~~:.~ ~~ y ~~~'~ , - _r :;.~ ~, • Maior Intury •~%'~~~ r'r'' ~~ I a!f , i i / - Minor Intury .; I ` _~- ~., I -E Y Possi6lelUnknown ~ t' r ^°; ~ -+ ~ MU~C+ ,. ils v k~~ t f • Properly Damage 4nty ~., - I ~ -- Blkeways ..~ ~ ~ ~ ~. C ~- ~ H ~BikeLane r'- I. °.~ ~~' l w • - r ~~ t M. ~ A ~ `"'~ ®- - Signed Shared Roadway ~ , - ,,. . a Trod I ~~ -~ ~`~ ~" ~ ~l ~, ~.. , - Paved Shoulder ° --~ ' '!~ N I ,Dr' ~` ~~ ~P ~ j ~• ~r ..... Planned Trail r- ~ - ~ + ~ , ~ il' - k Proposed Paved Shoulder I ~~~ l ' •a ~~•, ~{':m' o ~ ~g~ ~" _ - -Unpaved ! Mt Bfke .' ~ r- . ~O • = H ,~ Hospital ~' • , t ~` 7a~ -~.,~ - ~ x r Educntian Fanllty J~ ,_, ~ i ,a o Prepared q' Knstopner nckerson Page 28 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Table 1: Street segments with highest bicycle collisions (includes collisions from 1998 - 2007) Streets Termini Bike Collisions Burlington St. Madison St. & Muscatine Ave. 20 Gilbert St. Ronalds St. & Hwy 6 & beyond 15 Dodge St. Brown St. & Kirkwood St. 12 First Ave. Court St. & Hwy 6 9 Dubuque St. Park Rd. & Washington St. 7 Lakeside Dr. Whispering Prairie Ave & Regal Lane 5 Source: Iowa Department of Transportation data, 2001-2007; Analysis from "Bicycle Collisions in Johnson County," by P. Knapp, S. Knoploh-Odole, L. Levy, J. Rosenberg, and S. Snyder; University of Iowa Department of Urban & Regional Planning; 2008. Of collisions that occur on-road, bicycle collisions occur more frequently during the week (84 percent), rather than on weekend days (Figure 13). Figure 13: Distribution of collisions by day of week in Johnson County, 2001-2007 84 percent of collisions occur during commuting. 60 50 0 40 u° 30 ~ 20 m 10 Source: Iowa Department of Transportation data, 2001-2007; Analysis from "Bicycle Collisions in Johnson County," by P. Knapp, S. Knoploh-Odole, L. Levy, J. Rosenberg, and S. Snyder; University of Iowa Department of Urban & Regional Planning; 2008. To limit collisions with bicycles, cities must realize that no "silver bullet" solution exists. The skill levels of cyclists vary dramatically, from the experienced cyclists who ride daily and prefer safe, direct routes to inexperienced youth who ride to school, parks, and close-to- home destinations. Depending on their experience, cyclists use various combinations of'bikeways to reach their destinations, and therefore no one facility will meet all cyclists' needs. However, a large segment of the cycling population fall somewhere in- between these two extremes, including many more potential cyclists who do not ride regularly now, but would likely do so if a safer system existed. DRAFT ` JCCOG Metro Bicycle Master Plan Page 29 ~~ca~a J~zaa~ a°~za~a r°~za~a F`~a aJa~a `'~ca~a ~e ~ S * D R A F T Page 30 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Chapter Three Goals and Objectives This chapter provides a framework for the development of bicycle- related facilities in the Urbanized Area through 2019 and describes the communities' needs, goals, and objectives for the bicycle network. The bicycle network needs have been determined based on demographic trends, evaluation of the location and facilities in the communities' network, input from residents during the community workshops, completed online surveys, and from the JCCOG Regional Trails and Bicycling Committee. The League of American Bicyclists (LAB) provided a framework for evaluating bicycle network adequacy. This framework emphasizes locally identified needs when determining network adequacy. The goals found herein offer abroad vision of what citizens in Coralville, Iowa City, Tiffin, University Heights, Johnson County, and the University of Iowa would like to achieve with the bicycle network. The objectives help focus the overarching goals and priorities identified by residents. By implementing the recommendations in Chapter 4, the communities will achieve the goals and vision set forth in this plan. Bicycle Participation Trends Identifying bicycling trends is relevant to bicycle planning because it allows a community to anticipate demand for facilities. Both the National Sporting Goods Association (NSGA) and the Iowa Department of Transportation have compiled bicycling participation data, which show trends at the national, state, and regional level. An analysis of these trends establishes a context for evaluating the Urbanized Area's bicycle network. National, State, and Regional Trends The National Sporting Goods Association publishes annual data at the state and national level. Participation trends outlined in this data may be useful in determining the need f'or certain bicycle facilities in the Urbanized Area. According to the 2007 NSGA survey data, out of 46 sports, bicycling has the sixth highest participation level nationwide: ^ Exercise walking: 89.8 million participants DRAFT ` JCCOG Metro Bicycle Master Plan Page 31 * D R A F T ^ Exercising with equipment: 52.8 million participants ^ Swimming 52.3: million participants ^ Camping (vacation/overnight): 47.5 million participants ^ Bowling: 43.5 million participants ^ Bicycle riding: 37.4 million participantsX ^ Forty less popular sports... In 2000, the Iowa Department of Transportation updated the Iowa Trails Plan. A household survey found that the trail activities most often undertaken by respondents was "walking near home for recreation and exercise," followed by "bicycling near home." In 2002, a survey of over 500 randomly selected Coralville households found that residents agree that existing recreational facilities improve physical health, improve their quality of life, and reduce stress. The majority of respondents indicated that bike trails are the most important recreation facility to their household, and more than half (53.7 percent) requested the city add more multipurpose trailsxii A similar random household survey of over 700 Iowa City residents in 2008 found substantial support for linking bikeways and trails. The Parks and Recreation projects that respondents would be most willing to fund with their tax dollars include: developing new walking and biking trails and connecting existing trails (55 percent), using greenways to develop trails and recreational facilities (50 percent), and purchasing land to preserve open space and green space (44 percent)xill Additionally, the American Association of Retired People analyzed U.S. Census data from 2005 and found that Iowa City ranked sixth nationwide in terms of percentage of residents (9.7 percent) who commute by bike or walkXl° Bicycling is popular at the state and national level. Taking local, state, and national trends into consideration, the communities in the Urbanized Area should consider providing additional opportunities f'or cycling, walking, hiking, and trail development. Page 32 JCCOG Metro Bicycle Master Plan `DRAFT Figure 14: Waterworks Prairie Trail; photo by City of Iowa City. * D R A F T Community Needs The Iowa River Corridor Trail acts as the backbone of the bicycle network in the Urbanized Area. Its central location and high quality amenities (e.g., street under-passes, signage, and trailhead parking) attract many community members. This 40-mile plus trail network will continue to expand as planned. As a result of the growing trail network, there is a need for route- finding aids and links between trailheads and popular destinations. Many trails begin and end in neighborhoods without trailhead signs, directions to nearby destinations (i.e. parks, trails, shopping, schools, etc.), or trailhead parking. Although trails are popular, land acquisition and trail construction costs limit trails in developed areas. Therefore, families and individuals can be expected to ride on roadways to trailheads, schools, shopping areas, and employment centers. Since bikeways include streets, education and enforcement will be essential to facilitating in-town cycling. In addition, on-street facilities and maps should be maintained to increase cyclists' comfort level and to aid with route-finding. With the development of the bicycle network, the communities in the Urbanized Area will be able to improve opportunities for recreation, running errands, and commuting to work via bicycle. Public Input Three sources of input were used for this plan: Staff Meetings First, the JCCOG planning team met with entity, including planners, engineers, chie officials. These staff meetings helped recommendations are realistic. Online Survey staff from each JCCOG fs of police, and elected ensure the goals and The purpose of the online survey and two bike planning workshops was to identify common priorities among residents to improve bicycle safety and efficiency. The large numbers of participants representing different age groups and skill levels suggest that the Metro Bicycle DRAFT ` JCCOG Metro Bicycle Master Plan Page 33 Figure 15: Pedestrian bridge at Iowa River Power Dam; photo by Scott Larson. * D R A F T Master Plan will address the needs of current and future residents, not just experienced cyclists. Approximately 495 residents completed the online survey between September 30th and November 10th, 2008. The following key findings were obtained (visit www.jccog.org for complete survey results). ^ Respondents rated bicycle facilities in the community as ~~' Average (54 percent), Poor (40 percent), or Excellent (4 percent). ; ^ Bike lanes are the most ~~ ~. commonly requested bicycle ~.'. facility (39 percent). ~ ^ Approximately 1/3 of Figure 16: Participants respondents ride for recreation or prioritize bike facilities at the transportation just once a week Coralville bike workshop. or less. ^ Forty-five percent of the respondents are over 40 years old. ^ According to respondents, more bike racks are needed at grocery stores, shopping centers, and restaurants. ^ The top two factors that discourage respondents from bicycling are "Too many cars/cars drive too fast" and "Drivers don't share the road." Seventy-five percent of survey respondents were from Iowa City and Coralville and approximately half of the respondents live on the east side of Iowa City. Bike Workshop Findings Staff obtained public input at two bike planning workshops held on September 30th and October 8th in Coralville and Iowa City, respectively. The purpose of the workshops was to identify the most popular programs, policies, and facilities within each of the five E's - engineering, education, encouragement, enforcement, and evaluation. The following list highlights the most popular items as identified by 160 participants (visit www.jccog.org for complete results): ^ Engineering -Install more on- street accommodations Page 34 JCCOG Metro Bicycle Master Plan `DRAFT Figure 17: Participants at local bike workshop. * D R A F T ^ On-Street Facilities -Bike lanes on new or existing roads (58 percent) or shared-lane-arrows (a.k.a., "sharrows") ^ Education -Publish bike rack location map online, including sheltered racks and lockers ^ Encouragement -Continue to offer free operational space to Iowa Bicycle Coalition and LC. Bike Library ^ Enforcement -Enforce headlight/reflector laws during non- daylight hours ^ Evaluation -Conduct peak hour counts of bicycle commuting on-street The following map shows the consensus among attendees regarding streets bicycle facilities could be improved. The map shows the number of times each street segment was selected as a street in need of improvement by workshop participants. "High Priority" roadway segments were selected by at least half of all participants; "Medium Priority" roadways were selected by 20 percent to 50 percent of participants; and "Lower Priority" segments were selected by less than 20 percent. DRAFT ` JCCOG Metro Bicycle Master Plan Page 35 * D R A F T On-Street Accommodations Highest Priority Preparetl by'. Kristopher ACke rson Prepared'. June 6, 2009 Page 36 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Goals and Objectives The goals and objectives collectively present a vision that the Urbanized Area will work toward to meet the communities' current and future bicycle network needs. The objectives are broad concepts for projects or activities that each community should implement to fulfill the goals. Both the goals and objectives respond to suggestions and concerns generated by the JCCOG Regional Trails and Bicycling Committee and by the public during two community workshops and an online survey. These goals and actions should be implemented through the recommendations and projects outlined in Chapter 4. The goals are not listed in priority order: Goal 1: Implement the Metro Bicycle Master Plan Objective lA. All JCCOG member municipalities adopt the Bicycle Master Plan and incorporate the recommendations into other plans. Objective 1B. Complete the projects and programs identified in the Metro Bicycle Master Plan, based on available funding and project costs. Benchmarks: Miles of bikeways established; number of locations improved; number of bike racks installed; percentage of projects completed Goal 2: Increase the number of people bicycling for transportation and recreation Objective 2A. Aid cyclists' route-finding. Objective 2B. Increase the percentage of trips made by bicycle in the Urbanized Area to 10 percent of all trips. Objective 2C. Increase the number of trail system users by 10 percent per year as measured through annual count data. Benchmarks: Conduct pedestrian and bicycle travel counts at key locations on the bikeway system. Integrate bicycle counts in peak-hour vehicle count programs. Monitor U.S. Census data for changes in commuting trends (i.e., car, carpool, bus, bike, or on-foot). Goal 3: Improve bicyclist safety Objective 3A. Identify bikeways with high bicycle collision rates and develop a mitigation plan. Objective 3B. Facilitate communication to ensure timely reporting and repair of bikeways. DRAFT ` JCCOG Metro Bicycle Master Plan Page 37 * D R A F T Objective 3C. Continue designing all on-street bicycle facilities and trails according to American Association of State Highway and Transportation Officials' (AASHTO) guidelines. Objective 3D. Reduce the number of reported collisions in the Urbanized Area involving bicycles by 10 percent. Benchmarks: Annual collision data reports and mitigation of priority collision locations. Goal 4: Reduce greenhouse gas emissions Objective 4A. Ensure bicycling is a key focus of all initiatives to reduce greenhouse gas emissions. Benchmarks: Calculate annual bicycle commuting rates to identify the pollution-reducing benefits of bicycle travel. Goal 5: Improve health and fitness Objective 5A. Improve the health and fitness of residents by facilitating bicycle access for recreation and transportation. Benchmarks: Calculate the annual number of calories burned by cyclists using U.S. Census commuting data and average commute length. Goal 6: Education, enforcement, and encouragement Objective 6A. Develop education, encouragement, and enforcement programs to promote safe cycling and driving habits. Objective 6B. Educate the public regarding the rights and responsibilities of cyclists, motorists, and pedestrians. Objective 6C. Improve bicycle access between residential areas and parks, schools, and commercial areas. Objective 6D. Identify and promote links to county roads suitable for cycling. Benchmarks: Annual survey results and participation in bike- related events and programs, including participation in Bike-to-Work Week, races, club rides, police patrols on bikes, bicycle registrations, or number of cyclists trained in "Effective Cycling". Page 38 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Goal 7: Enhance economic development Objective 7A. Capitalize on the economic benefits of cycling in the local economy. Objective 7B. Promote bicycling in economic development, tourism, and job creation programs. Identify benefits to businesses including employee health and quality of life. Benchmarks: Bike rentals, events (i.e., Bike-to-Work Week, Iowa City Criterium, RAGBRAI, Jingle Cross Rock, Sugar Bottom Scramble, etc.), job creation, and new development along bikeways. Goal 8: Build "Safe Routes to Schools" Objective 8A. Increase participation by local school districts in "Safe Routes to Schools" programs. Benchmarks: Percentage of schools with active "Safe Routes to Schools" programs and the rate of children bicycling to school. Goal 9: Provide bicycle parking Objective 9A. Provide bicycle parking as an integrated element of streetscape and development design. Objective 9B. Adopt bicycle parking ordinances by all municipalities in the Urb anize d Are a. Benchmarks: Number of bike parking spaces installed annually. Goal 10: Ensure high quality of service Objective 10A. Ensure all bikeways are well maintained. Objective lOB. Provide security, routine litter patrol, annual safety reporting, and facilities condition management. Benchmarks: Prepare an annual report for the JCCOG Regional Trails and Bicycling Committee, including survey results, summary of bikeway improvements, and other information. DRAFT ` JCCOG Metro Bicycle Master Plan Page 39 * D R A F T Page 40 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Chapter Four Recommendations Cities in the Urbanized Area and the University of Iowa have a long history of bicycle planning to improve residents' quality of life. Over the past 35 years, communities in the Urbanized Area have been leaders in bicycle accommodations in the State of Iowa. As the bicycle network evolves, prioritizing improvements is a challenge. Trail development has been the highest priority in recent years and today residents enjoy over 40 miles of trails. The following recommendations expand the scope of bicycle planning beyond trails to include the five E's: engineering, education, encouragement, enforcement, and evaluation. This chapter synthesizes an inventory of bicycle facilities, input of 24 local staff and elected officials, and priorities identified through the public input process (645 participants). The following recommendations build upon past bike plans and outline priorities for the Urbanized Area to meet the 10 Goals of this plan -outlined in Chapter 3. The following system-wide recommendations highlight actions that all JCCOG entities can work to achieve. The community-specific recommendations address unique needs of each JCCOG entity. Except where otherwise noted, communities should maintain existing programs and facilities outlined in Chapter 2. System-wide Recommendations The success of the metropolitan trail network demonstrates the potential benefits from coordinated bicycle planning. The following system-wide recommendations are based on the Goals described in Chapter 3. City-specific recommendations begin on page 46. Engineering System-wide Recommendation: Install on-street accommodations. Goal 2 of this plan is to "increase the number of people bicycling f'or transportation and recreation." In terms of infrastructure, on-street pavement markings are the "next step" in becoming more bicycle- friendly. " DRAFT" JCCOG Metro Bicycle Master Plan Page 41 * D R A F T For the past 15 years, the Urbanized Area has successfully focused resources on trails, wide curb lanes, and wide-sidewalk development. Trails are a boon for youth and recreational cyclists, as well as walkers and joggers. Yet, among residents that completed the bike survey bike commuting is more common (53 percent) than cycling for recreation (47 percent), and trails are used by commuters less often (JCCOG Bicycle Survey, 2008). Five types of on-street facilities are used locally to facilitate cycling: ^ Shared lanes Striped shoulders ^ Bike lanes Traffic calming ^ Wide curb lanes In part to facilitate on-street cycling, several communities in the Urbanized Area construct arterial roads with wide curb lanes (greater than 12 feet) and striped shoulders to accommodate both cyclists and motorists -allowing sufficient room for passing. Studies show that wide curb lanes and bike lanes are equally safe for cyclists, thus either type of facility is recommended to improve riding conditionsX° Studies have also found cyclists feel safer riding in bike lanes and are more apt to ride when bike lanes are availableX~, X~~, X~~~. Local support for bike lanes (Table 2) parallels these national trends. However, most arterial streets in the area are not wide enough to accommodate bike lanes. Where the road width is adequate, bike lanes should be considered to provide a bicycle network attractive to cyclists of all skill levels. Table 2. Preferred on-street bike facilities at 2008 bike plan public workshops On-Street Facilities Count Percent Bike Lanes (new streets) 118 32% Bike Lanes (existing streets) 96 26% Sharrows 65 17% Way Finding Signs 38 10% Bike Boulevards 28 7% Bike Routes 21 6% Signed "Share the Road" 8 2% Total 374 100% Since bike lanes facilitate increased ridership, the Federal Highway Administration recommends using bike lanes where adequate width is available~X and along routes where non-expert cyclists (B/C level) are common (e.g., school areas, commercial areas, universities, etc.). Shared lane arrows (or "sharrows") could prove to be a workable alternative to bike lanes where road width is inadequate for bike lanes. The provisional MUTCD provides the following guidance: Page 42 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T If used on a street without on- street parking that has an outside travel lane that is less than 4.3 m (14 ft) wide, the centers of the Shared Lane Markings should be at least 1.2 m (4 ft) from the face of the curb, or from the edge of the pavement where there is no curb. If used, the Shared Lane Marking should be placed immediately after an intersection and spaced at intervals not greater than 75 m (250 ft) thereafter. In general, on-street facilities should be installed in the Urbanized Area only where FHWA criteria (outlined in Appendix A) are met. Additionally, consideration h ldb ~ t 'd ~th The Shared Lane Arrow may be used to: A. Assist bicyclists with lateral positioning in a shared lane with on- street parallel parking in order to reduce the chance of a bicyclist's impacting the open door of a parked vehicle, B. Assist bicyclists with lateral positioning in lanes that are too narrow for a motor vehicle and a bicycle to travel side by side within the same traffic lane, C. Alert road users of the lateral location bicyclists are likely to occupy within the traveled way, s ou e given o corri ors wi high volumes of bicycle traffic and corridors where cyclists frequently disobey the rules of the road, such as downtown Iowa City. Based on roadway width, speed limit, traffic volume, on-street parking, number of non-expert cyclists, and sight distance, the following maps highlight opportunities for bike lanes and shared lane arrows. Pavement condition contributes to over 50 percent of bike crashes. Sand, potholes, cracks, and uneven storm drains are roadway hazards for vehicles and bicycles. Generally, pavement condition is a public safety concern for all roadway users; but good pavement quality is critical to cyclists' safety, particularly with the narrow tires used on many bicycles. In addition, biking on poor pavement is an unpleasant experience, especially for the novice rider. If communities in the Urbanized Area intend to increase ridership and become more bicycle-friendly, then good pavement quality should be a priority. First, seasonal street-sweeping, especially in early spring along common bike routes, is the most efficient method to improve rider safety. Second, standard pavement maintenance practices should be performed as needed. And third, pavement markings (i.e., sharrows and bike lanes) should be maintained to ensure daytime and nighttime visibility. " DRAFT" JCCOG Metro Bicycle Master Plan Page 43 * D R A F T Prepared by Kn s[opher Ackerson Preoa red J une 4. 2409 Page 44 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Prepared bg Knstapher Ackersan Prepared. January 6, 2009 " DRAFT" JCCOG Metro Bicycle Master Plan Page 45 * D R A F T Education System-wide Recommendation: Facilitate bicycle safety through 1) public service announcements targeted at young adults; 2) drivers' education classes; and 3) elementary schools'physical education classes. There are major differences in the bicycling abilities, behavioral patterns, and learning capacities of different bicyclists and other road users. For example, children have different physical and psychological abilities than adult bicyclists, young drivers exhibit different behaviors and driving skills than older drivers, and college age bicyclists may be reached through educational outlets that differ from those of other groups. Because of this, educational programs need to be tailored to the specific audiences they intend to address and to the behaviors they seek to modifyXX City staff and residents at both bike plan workshops prioritized two user groups where bicycle safety education should be focused: 1. Youth cyclists 2. Young adults (as cyclists and motorists) Local motorists and cyclists expressed the following common bicycle- relatedproblems should be addressed locally through education: • Bicyclists ignoring traffic signals and signs. • Bicyclists riding unpredictably and failing to signal before turning. • Motorists don't safely pass bicyclists. • Motorists cutting bicyclists off or driving too closely. Numerous resources are available for staff. Local entities should take advantage of opportunities to partner with local advocacy groups and education outlets, including the Bicyclists of Iowa City, Downtown Optimists, Iowa Bicycle Coalition, Iowa City Bike Library, Johnson County Trails Foundation, and local League of American Bicyclists certified instructors. These entities should develop education, encouragement, and enforcement programs that parallel the development of bikeways and promote "sharing the road" to educate motorists and bicyclists of their rights and responsibilities. The website bicyclinginfo.org, a partnership between the Federal Highway Administration and University of North Carolina Highway Safety Research Center, provides curricula and materials for age specific outreach. Page 46 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Encouragement System-wide Recommendation: Implement a coordinated way-finding system on trails and roadways across the Urbanized Area to assist route finding. Trail Signage An unexpected outcome of the growing trail network in the Urbanized Area is the challenge of navigating nearby communities. Plotting routes to and from popular destinations, including trails, is frustrating for trail users (JCCOG Bicycle Survey, 2008). Many neighborhood trailheads, for example, offer no street signs or bearing to nearby destinations like shopping areas, parks, schools, or other trailheads. Trails in the Urbanized Area traverse multiple jurisdictions. The Iowa River Corridor Trail, for example, passes through Iowa City, Coralville, Johnson County, and the University of Iowa. To aid trail users and advertize amenities, the JCCOG entities could pursue a coordinated system of way-finding signs. For example, the Quad Cities are installing a creative network of signs identify the jurisdiction and nearby attractions (Figure 18). Alternatively, the existing trail way-finding signage could be expanded to cover all trails longer than 0.5 miles (Figure 19). Local funding could match grant funds provided by state and federal DOT Transportation Enhancements programs. Figure 3: Trail way- Primary Bike Routes -Signed finding sign on Iowa River Corridor Trail; Signed bicycle routes serve two functions: 1) photo by Kent bike routes help new cyclists find common Ralston. routes to/from key destinations throughout the Urbanized Area (i.e., schools, hospitals, parks, downtown, etc.); and 2) bike routes funnel cyclists onto popular corridors where motorists anticipate bicycles. " DRAFT" JCCOG Metro Bicycle Master Plan Page 47 Figure 18: Way-finding signs direct trail users to popular attractions in the Quad Cities. * D R A F T Although bicycles are allowed on all streets, cyclists often use streets parallel to arterial streets, which are unfamiliar to less experienced cyclists. The lower traffic volumes and speeds make these parallel routes popular among cyclists -College Street is a popular alternative to Burlington Street, for example. As part of the planning process, JCCOG staff received input from local cyclists to identify future bike routes. Based on public input and cycling patterns, all JCCOG entities could sign bike routes outlined in the following map to funnel bicycles onto streets where motorists will anticipate bicycles. All bike routes signs should: 1. Include the destination, distance, and direction to landmarks like "North Liberty Recreation Center, Public Library, Morrison Park, etc" (Figure 20);" and 2. Be installed periodically, at all turns, and at major street intersections to ensure a continuous route. Figure 20: Bicycle boulevard signs in Denver, CO. Traffic calming measures could be considered where traffic speeds and volumes along signed bike routes warrant - creating a bicycle boulevard. The purpose of a bicycle boulevard is to improve bicycle safety by having or creating one or more of the following conditions: • Low traffic volumes (or bike lanes where traffic volumes are moderate); • Traffic calming to discourage cut-through vehicle traffic, such as speed humps, rotated stop signs, curb extensions, and reduced vehicle access; • Traffic controls to help bicycles cross arterial roads; and • A distinctive look so cyclists identify the bike boulevard and motorists realize it is a priority route for bicyclists. Examples exist in bicycle friendly cities, including Palo Alto, California; Portland, Oregon; Eugene, Oregon; and Vancouver, British Columbia. Secondary Bike Routes -Unsigned Secondary bike routes are recommended for cycling because of low traffic volumes and connectivity to key destinations. To help new cyclists navigate the trail and road network, the following maps illustrates secondary bike routes, which could be promoted by JCCOG entities through online and printed maps, including the annual Metro Area Trails Map. Page 48 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Prepared by Kn stopher Ackerson Prepared June 4, 2009 " DRAFT" JCCOG Metro Bicycle Master Plan Page 49 * D R A F T Prepared by Knstopher Ackerson Prepared, March 26, 2009 Page 50 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Enforcement System-wide Recommendation: Implement and publicize bike light enforcement program during the fall and offer discount bike lights to encourage safety. According to collision reports involving bicycles in Johnson County, of the collisions where safety equipment was reported, only 25 percent of cyclists were wearing helmets - encouraged but not required in Iowa -and none had lights on their bicyclesXxi While perhaps surprising to some, local input su~~ests cyclists agree with motorists that enhanced enforcement is needed to make cyclists more visible and predictable priorities in terms of enforcement at were the following: Iowa Code Section 321.397 Lamps on bicycles Every bicycle shall be equipped with a lamp on the front exhibiting a white light, at the times specified in section 321.384 , visible from a distance of at least three hundred feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of three hundred feet to the rear; except that a red reflector may be used in lieu of a rear light. A peace officer riding a police bicycle is not required to use either front or rear lamps if duty so requires. on the road. The two highest both bike planning workshops 1. Enforce headlight/reflector laws during non-daylight hoursXxil 2. Enforce rules of the road for cyclists and motorists by local police and sheriff"s departments. According to local law enforcement officers, ticketing cyclists for not using headlights and rear reflectors has been limited due to other issues having high priority. Law enforcement departments at all JCCOG entities could implement targeted enforcement during the fall to improve compliance. This could help stem the spike in collisions occurring when students return to school. At the same time, JCCOG and member entities could explore grant opportunities to offer discounted bike lights to qualifying residents. " DRAFT" JCCOG Metro Bicycle Master Plan Page 51 * D R A F T Evaluation System-wide Recommendation: Achieve the platinum "Bicycle Friendly Community" designation from the League of American Bicyclists. In order to evaluate local `bicycle friendliness', it is important that an outside organization review the policies, programs, and infrastructure that are provided to the cycling community. To do this, it is recommended that each of the JCCOG member communities pursue the Bicycle Friendly Community designation by the League of American Bicyclists. The existing JCCOG Regional Trails and Bicycling Committee could serve as the steering committee. The League of American Bicyclists (LAB) is a nationwide nonprofit organization that strives to protect the rights of cyclists and promotes the use of bicycles for fun, fitness and transportation. The Bicycle Friendly Communities campaign is an awards program that recognizes municipalities that actively support bicycling. To become a bicycle friendly community, the LAB reviews municipal applications for compliance within five categories (Engineering, Education, Encouragement, Enforcement, and Evaluation), and bestows bronze, silver, gold, or platinum designations to qualified applicants. Since each community provides different policies, programs, and infrastructure to the bicycling community, each municipality would likely submit an individual bike friendly community application; rather than one regional application. To complete the application, JCCOG municipalities should charge a staff member with completing the application. The application could be reviewed by the JCCOG Regional Trails and Bicycling Committee prior to submittal. All `bicycle friendly community' applicants receive feedback from the LAB regarding strengths and weaknesses of their application. As such, the application process (regardless of the outcome), is a great way for communities to evaluate any shortcomings in terms bike access. Since LAB designations expire after four years, communities must exhibit progress to either maintain their designation status or receive a higher award. Since continual progress must be made, the award ultimately acts as a catalyst for improvement. More information on the Bicycle Friendly Community program can be found at: www.bikeleague.org. Page 52 JCCOG Metro Bicycle Master Plan `DRAFT ` * D R A F T Community Recommendations In addition to the preceding system-wide recommendations, which apply to JCCOG entities, the following individual community recommendations address unique needs of each JCCOG entity. The recommendations are not listed in order of priority. Except where otherwise noted, communities should maintain programs and facilities outlined in Chapter 2. City of Coralville Based on public input and the 5 E's of bicycle and pedestrian planning, the City of Coralville could consider implementing the following recommendations to become more bicycle-friendly: ^ Consider adopting Complete Streets Policy to ensure newly constructed roads accommodate vehicles, bicycles, pedestrians, and transit. ^ Pursue the Recommended Infrastructure Projects (see next section), as well as the trails and wide sidewalks in the approved JCCOG Trails Plan. ^ Offer public bike lockers and covered bike parking. ^ Adopt a bicycle parking ordinance requiring bike racks when properties change use and at new multi-family residential and commercial developments, (e.g., grocery stores, shopping centers, and restaurants). ^ Review street sweeping schedule to ensure high priority bike corridors are cleaned 3+ times per year. ^ Consider locating pedestrian/bicyclist push buttons on sidewalks where cyclists can access them without dismounting. City of Iowa City Based on public input and the 5 E's of bicycle and pedestrian planning, the City of Iowa City could consider implementing the following recommendations to become more bicycle-friendly: ^ Pursue the Recommended Infrastructure Projects (see next section), as well as the trails and wide sidewalks in the approved JC(,'(~G Long Range Multi-Modal Transportation Plan. ^ Evaluate reverting Washington Street to two-way in the downtown portion. ^ Evaluate reducing Madison Street from four lanes to three lanes and installing bike lanes or wide curb lanes. " DRAFT" JCCOG Metro Bicycle Master Plan Page 53 * D R A F T ^ Reduce the number of mopeds parking at bicycle racks in the downtown area. ^ Consider amending the bike parking ordinance regarding the locations, number, and exceptions for downtown properties - especially grocery stores, shopping centers, and restaurants - as well as multi-family residential developments. ^ Consider locating additional sheltered bike racks in visible and accessible sites in Downtown Iowa City. ^ Consider implementing bike corrals in the downtown area. ^ Review street sweeping schedule to ensure high priority bike corridors are cleaned 3+ times per year. ^ Consider locating pedestrian/bicyclist push buttons on sidewalks where cyclists can access them without dismounting. Cities of Tiffin and University Heights Based on public input and the 5 E's of bicycle and pedestrian planning, the Cities of North Liberty, Tiffin, and University Heights could consider implementing the following recommendations to become more bicycle-friendly: ^ Consider adopting Complete Streets Policy to ensure newly constructed roads accommodate vehicles, bicycles, pedestrians, and transit. ^ Promote Bike-to-Work Month. ^ Pursue the Recommended Infrastructure Projects (see next section), as well as the trails and wide sidewalks in the approved JCCOG Long Range Multi-Modal Transportation Plan. ^ Consider adopting a bicycle parking ordinance requiring bike racks when properties change use and at new multi-family residential and commercial developments, (e.g., grocery stores, shopping centers, and restaurants). ^ Consider locating pedestrian/bicyclist push buttons on sidewalks where cyclists can access them without dismounting. University of Iowa Based on public input and the 5 E's of bicycle and pedestrian planning, the University of Iowa could consider implementing the following recommendations to become more bicycle-friendly: ^ Consider developing and adopting a Complete Streets Policy to ensure newly constructed roads accommodate vehicles, bicycles, pedestrians, and transit. Page 54 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T ^ Create and disseminate "Share the Road" public service announcements. ^ Promote Bike-to-Work Month. ^ Explore opportunities to support a bike sharing or bike library program to increase ridership through provision of discounted bicycles. ^ Review on-campus bike parking demand to ensure adequate facilities for all university buildings. ^ Offer covered bike parking, bike corrals, and bike lockers where feasible. ^ Offer a "commuter cycling clinic" that is open to the public through Touch the Earth. ^ Publish a bicycle commuter guide illustrating sheltered racks, bike lockers, and available shower facilities. ^ Review street sweeping schedule to ensure high priority bike corridors are cleaned 3+ times per year. Johnson County, Iowa Based on public input and the 5 E's of bicycle and pedestrian planning, Johnson County could consider implementing the following recommendations to become more bicycle-friendly: ^ Construct paved shoulders for all new road construction or rehabilitation projects and consider adopting a Complete Streets Policy in areas contiguous to urbanized areas to ensure newly constructed roads accommodate anticipated vehicles, bicycles, and pedestrians. ^ Pursue the Recommended Infrastructure Projects (see next section), as well as the trails and wide sidewalks in the approved JCCOG Trails Plan. ^ Promote Bike-to-Work Month by proclaiming May "Bike Month." ^ Sign and promote rural bike routes using way-finding signs that provide the direction, distance, and destinations for popular routes (e.g., Sugar Bottom Loop, Reservoir Dam Loop, and Hills Loop). ^ Install bicycle parking at all public buildings owned by the County in the urbanized area. Johnson County Council of Governments Based on public input and the 5 E's of bicycle and pedestrian planning, the Johnson County Council of Governments could consider " DRAFT" JCCOG Metro Bicycle Master Plan Page 55 * D R A F T implementing the following recommendations to become more bicycle- friendly: ^ Analyze peak hour counts for bicycle commuting on-street. ^ Implement spot maintenance request form for bike facilities online. ^ Distribute articles in local newspapers and newsletters regarding bicycle related events. ^ Provide educational materials on the JCCOG website, including local resources and services. ^ Create an online trip maker/map quest service that enables residents to enter their address and destination to identify a safe route to the destination. ^ Monitor bike commuting rates at key locations, including but not limited to College Street and Melrose Avenue in Iowa City. ^ Promote Bike-to-Work Week events and planning, including "Share the Road" public service announcements. ^ Publish a bicycle commuter wide illustrating sheltered racks, bike lockers, and public shower facilities. ^ Create "Share the Road" public service announcements for broadcast on local radio and television stations -focusing airing during the fall. ^ Offer personal route finding service online to all residents through www.JCCOG.org. ^ Review the Metro Bicycle Master Plan annually to track progress toward the goals and recommendations outlined in the plan. Page 56 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Recommended Infrastructure Projects The following projects were identified by the public during the planning process for the Metro Bicycle Master Plan as high priorities. The projects described in this section are infrastructure projects staff believes exhibit merit and should considered in addition to trail projects outlined in the JCCOG Long Range Multi-modal Transportation Plan. Note: JCCOG staff developed cost estimates for planning purposes only - actual project costs require engineering evaluation. Coralville A. lst Avenue Trail - Construct a trail adjacent to lst Avenue (cost estimate - $250,000). Project Justification: north/south link between Coralville north and south of the Interstate 80. B. Clear Creek Trail -Trail connection between Coralville and Tiffin (connection to Kent Park and the Amana Colonies) (cost estimate - $ 2.5 million). Project Justification: connection to Tiffin and Kent Park. Iowa City C. Washington Street Lane Change - Evaluate changing Washington Street (between Linn Street and Clinton Street) from the existing one-way (eastbound) to a two-way street (cost estimate - $5,000 to 250,000). Project Justification: improve bicycle access through downtown. D. Linder Road/Waterworks Park Trail Connection -Construct a direct trail connection from North Dubuque Street (opposite Linder Road) to the Waterworks Prairie Trail system to the west (cost estimate - $40,000). Project Justification: east/west link between Iowa City to Coralville. " DRAFT" JCCOG Metro Bicycle Master Plan Page 57 * D R A F T Preparetl by. Kn stopher ACkerson Preparetl. June 4,2009 Page 58 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T E. Peninsula Pedestrian Bride -Construct pedestrian bridge from Rocky Shore Drive (opposite River Street) to Peninsula Park (cost estimate - $1.3 million). Project Justification: access to the Peninsula Dog Park, Disc Golf Course, and Coralville. F. Iowa River Corridor Trail Extension -Extend the Iowa River Corridor Trail south to Oak Crest Hill Road (cost estimate - $1.0 million); property acquisition could be an obstacle. Project Justification: link from Iowa City to the municipal airport, Johnson County Fairgrounds, Sand Lake Park, and nearby residences. G. Highway 6 Wide Sidewalk Extension -Extend the existing Highway 6 wide sidewalk from Taylor Drive east to Lakeside Drive (cost estimate - $1.2 million). Project Justification: link southeast neighborhoods to commercial areas. H. Highway 1 Wide Sidewalk Extension -Construct a wide sidewalk from the existing Iowa River Corridor Trail (east of S. Riverside Drive) to Mormon Trek Boulevard (cost estimate - $1.5 million). Project Justification: currently no bicycle/pedestrian accommodations exist within the Highway 1 West corridor. North Dubuque Street Pedestrian Bridge -Construction of a separated bridge adjacent to the Dubuque Street Bridge crossing Interstate 80 (cost estimate - $1.8 million). Project Justification: north/south connection between Iowa City and the residences north of the interstate. J. Dodge Street Pedestrian Bridge -Construction of a separated bridge adjacent to the Dodge Street/Hwy 1 Bridge crossing Interstate 80 (cost estimate - $1.8 million). Project Justification: north/south connection between Iowa City and the commercial district north of the interstate. K. Iowa River Bicycle /Pedestrian Bride -Construct either a separated or cantilevered bridge crossing the Iowa River north of the Burlington Street Bridge (cost estimate - $1.3 million). Project Justification: east/west link crossing the Iowa River within downtown Iowa City. Johnson County L. North Dubuque Street Trail -Extend the North Dubuque Street Trail from West Overlook Road to North Liberty City limits (cost estimate - $1 million dollars). Project justification: a connection to Iowa City and North Liberty; part of the planned trail from Iowa City to Cedar Rapids. " DRAFT" JCCOG Metro Bicycle Master Plan Page 59 * D R A F T M. North Liberty to Cedar Rapids -Extend the existing paved shoulder on 180th Street along Mehaffey Bridge Road to the North Liberty city limits (cost estimate - $1 million dollars) and the paved shoulder on Ely Road from Hwy 382 to the Johnson/Linn County line (cost estimate - $1 million dollars). Project Justification: a complete paved shoulder route from North Liberty to Solon to Johnson/Linn County line. N. Mehaffey Bridge Road Trail -Extend a trail from North Liberty city limits to Sugar Bottom Recreation Area (cost estimate - $2 million dollars; includes separated trail design on new bridge to be built over Coralville Reservoir). Project justification: planned trail from Iowa City to Cedar Rapids. O. Mehaffey Bridge Road / 180th Street Trail - Extend a trail from Sugar Bottom Recreation Area to Solon city limits (cost estimate - $2 million dollars). Project justification: part of the plan to connect Iowa City to Cedar Rapids. P. Solon to Ely Trail - Extend a trail from Solon city limits to link up with Ely Trail (cost estimate - $2 million dollars). Project justification: part of the plan to connect Iowa City to Cedar Rapids. Q. Clear Creek Trail -Trail connection between Tiffin and Kent Park (cost estimate - $6 million). Project Justification: a connection to Kent Park from Iowa City and Coralville. Page 60 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T N ~~ ~ NU a Q ~ • i ~~~ ~ 1~ o 01~11 Q N a ~ a ~ ~ ~ ~ ~ ~ U N (~ _ .~ W O . ~ _i w ~ s I~ E r I , ,. f r ~' ~' i ,I u ~ ~ ~r~ ~ '~ a: ' ~' ~ , "-' ~ E I-- i' a u 2 ~ ~' , ~Qi ~-~ ; ---L-~~; I` ~I;. i ~ ~w i ~„ j O ~v _ :~-~ v ~ _z - "i„ -~ -~ 6 ~ TAFT AVE ~- - ~. . ~ ~; -- ~~, ~, ~.-- -o..~ ~- r~~:,~. 5A5 AVE '~ r ^ .^ Y ~` ^ ~ r L,. I ~ wLL ~ ^ ~ i r i ~ O I ~ i ® ~ M and ~,iu ~ :~ ~ - 3A'd NOOiIH tiH Q ~~ f :F~ °~ _~~ ,. ~~- ~~ oo I N ~ aOC ~ ^°o .........,.a..... ~ 7 ,_ 0 0 Q H U') ~ O ~ CC C N ~ ~ O _ o N ~ m a ,_ "a ~c y cv (S5 ~ 0 _ Q Y o 3 m v 3 m v ~ ~ ~ m a rn in o J a_ ~ a_ ~ T pch ~ ~ ® ~ U~ ~ o ~~ ~ o ~ a i ~ ~ 00 (~ N w ~ ~ Nl 3 " DRAFT" JCCOG Metro Bicycle Master Plan Page 61 * D R A F T Page 62 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Appendix A On-Street Facility Criteria The following recommendations for bicycle facility design are outlined in FHWA Report RD-92-073, which presents a set of tables (Tables Al-A6) that can be used to determine the recommended type of bicycle facility to be provided in particular roadway situations. This manual takes its lead from the AASHTO Guide, which states: To varying extents, bicycles will be ridden on all highways where they are permitted. All new highways, except those where bicyclists will be legally prohibited, should be designed and constructed under the assumption that they will be used as a bicycle street. Using the concept of two broad types of design bicyclists-group A and group B/C- the recommendations included in tables 1 through 6 are keyed to the most likely type of user. All streets and highways where bicycles are permitted to operate should, at a minimum, incorporate the design treatments recommended in the tables for group A bicyclists. Where it is determined that use by group B/C bicyclists is likely, the tables recommending design treatments for group B/C should be used. The group B/C design treatments will also accommodate group A bicyclists. At a minimum, all streets and highways open to bicycle use should have roadways incorporating the design treatments recommended for group A bicyclists. Where a planning process has determined a given route is the best choice to form part of a network of routes to provide access to the community for group B/C bicyclists, the recommended design treatment appropriate to B/C riders should be implemented. This report, FHWA-RD-92-073, presents a set of tables that can be used to determine the recommended type of bicycle facility to be provided in particular roadway situations. In addition, the report presents a brief discussion of the "design user" for bicycle facilities, and presents a planning process for bicycle facilities. Five criteria were used to determine recommended bicycle facilities: traffic volume; posted vehicle operating speed; traffic mix of automobiles, trucks, buses, and/or recreational vehicles; on-street parking; and sight distance. Values for these criteria were Guide for the Development of Bicycle Facilities, American Association of State Highway and Transportation Officials (AASHTO), Washington, DC, 1991. " DRAFT" JCCOG Metro Bicycle Master Plan Page 63 * D R A F T determined and tables were developed for urban and rural roadway sections for two groups of design users. Paths are not indicated in any of the tables because of their limited applicability on most roadways. Paths should be used only where there are very few intersections and adequate setback from the roadway. These conditions are usually found only in parks, along shorelines, and near some controlled-access highways. Paths are recommended in the JCCOG Trails Map. Federal Highway Administration recommended roadway design treatments and widths to accommodate bicycles are presented in Tables Althrough A6. Tables Althrough A3 are for group A cyclists while Tables A4 through A6 are for group B/C bicyclists. Figure 21: Table cell description Type of facility: bl =bike lane we =wide curb lane sh =striped shoulder WC sl =shared lane 14 ~--I Width of facility: Measurement in feet Table A1: Advanced bicyclists, urban area, curb and gutter section, no parking allowed. avera e annual dail traffic AADT volume less than 2,000 2,000-10,000 over 10,000 posted motor vehicle operating speed adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance truck, bus, rv truck, bus, rv truck, bus, rv less than 30 mi/h sl 12 sl 12 we 14 we 14 sl 12 we 14 we 14 we 14 we 14 we 14 we 14 we 14 30-40 mi/h we 14 we 14 we 15 we 15 we 14 we 15 we 15 we 15 we 14 we 15 we 15 we 15 41-50 mi/h we 15 we 15 we 15 we 15 we 15 we 15 sh 6 sh 6 we 15 we 15 sh 6 sh 6 over 50 mi/h sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 Source: FHWA Report RD-92-073 Page 64 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Table A2: Advanced bicyclists, urban area, curb and gutter section, parking allowed. avera e annual dail traffic AADT volume less than 2,000 2,000-10,000 over 10,000 posted motor vehicle o ratin seed adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance truck, bus, rv truck, bus, rv truck, bus, rv less than 30 mi/h we 14 we 14 we 14 we 14 we 14 we 14 we 14 we 14 we 14 we 15 we 15 we 14 30-40 mi/h we 14 we 14 we 15 we 15 we 14 we 15 we 15 we 15 we 14 we 15 we 15 we 15 41-50 mi/h we 15 we 15 we 15 we 15 we 15 we 16 we 16 we 16 we 15 we 15 we 16 we 16 over 50 mi/h na na na na na na na na na na na na SOUI"Ce: FHWA Heport HU-92-U/3 Table A3: Advanced bicyclists, rural area, shoulders or edge stripe. avera e annual dail traffic AADT volume less than 2,000 2,000-10,000 over 10,000 posted motor vehicle o ratin seed adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance truck, bus, rv truck, bus, rv truck, bus, rv less than 30 mi/h sl 12 sl 12 we 14 we 14 sl 12 we 14 we 14 we 14 we 14 we 14 sh 4 sh 4 30-40 mi/h we 14 we 14 sh 4 sh 4 we 14 we 15 sh 4 sh 4 sh 4 sh 4 sh 4 sh 4 41-50 mi/h sh 4 sh 4 sh 4 sh 4 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 over 50 mi/h sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 Source: FHWA Report RD-92-073 Table A4: Beginning and child bicyclists, urban area, curb and gutter section, no parking allowed. avera e annual dail traffic AADT volume less than 2,000 2,000-10,000 over 10,000 posted motor vehicle o ratin seed adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance truck, bus, rv truck, bus, rv truck, bus, rv less than 30 mi/h we 14 we 14 we 14 we 14 we 14 we 14 we 14 we 14 bl 5 bl 5 bl 5 bl 5 30-40 mi/h bl 5 bl 5 bl 5 bl 5 bl 5 bl 6 bl 6 bl 5 bl 5 bl 6 bl 6 bl 5 41-50 mi/h bl 5 bl 5 bl 5 bl 5 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 over 50 mi/h bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 Source: FHWA Report RD-92-073 " DRAFT" JCCOG Metro Bicycle Master Plan Page 65 * D R A F T Table A5: Beginning and child bicyclists, urban area, curb and gutter section, parking allowed. avera e annual dail traffic AADT volume less than 2,000 2,000-10,000 over 10,000 posted motor vehicle o ratin seed adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance truck, bus, rv truck, bus, rv truck, bus, rv less than 30 mi/h we 14 we 14 we 14 we 14 we 14 we 14 we 14 we 14 bl 5 bl 5 bl 5 bl 5 30-40 mi/h bl 5 bl 5 bl 5 bl 5 bl 5 bl 6 bl 6 bl 5 bl 6 bl 6 bl 6 bl 6 41-50 mi/h bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 bl 6 over 50 mi/h na na na na na na na na na na na na Source: FHWA Report RD-92-073 Table A6: Beginning and child bicyclists, rural area, shoulder or edge stripe. avera e annual dail traffic AADT volume less than 2,000 2,000-10,000 over 10,000 posted motor vehicle o ratin seed adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance adequate sight distance inadequate sight distance truck, bus, rv truck, bus, rv truck, bus, rv less than 30 mi/h sh 4 sh 4 sh 4 sh 4 sh 4 sh 4 sh 4 sh 4 sh 4 sh 4 sh 4 sh 4 30-40 mi/h sh 4 sh 4 sh 4 sh 4 sh 4 sh 6 sh 6 sh 4 sh 6 sh 6 sh 6 sh 6 41-50 mi/h sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 over 50 mi/h sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 sh 6 Source: FHWA Report RD-92-073 Page 66 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T Appendix B Iowa City Bicycle Parking Requirements The following bicycle parking requirements are found in Title 14: Iowa City Zoning Code, Chapter 5, Article A. Rules for Computing Bicycle Parking Requirements In Tables 5A-1 and 5A-2, the minimum bicycle parking requirements are expressed as a certain number of spaces per dwelling unit or as a percentage of the required number of vehicle parking spaces. In all cases where bicycle parking is required, a minimum of 4 spaces shall be provided. After the first 50 bicycle parking spaces are provided, additional spaces are required at 50 percent of the number required by this Section. Where the expected need for bicycle parking for a particular use is uncertain due to unknown or unusual operating characteristics of the use or due to a location that is difficult to access by bicycle, the Building Official may authorize that the construction of up to 50 percent of the required bicycle parking spaces be deferred. The land area required for the deferred bicycle parking spaces must be maintained in reserve. If an enforcement official of the City determines at some point in the future that the additional parking spaces are needed, the property owner will be required to install the parking in the reserved area. The owner of the property on which the bicycle parking area is reserved must properly execute, sign, and record a written agreement that is binding upon their successors and assigns as a covenant running with the land that assures the installation of bicycle parking within the reserved area by the owner if so ordered by an enforcement official of the City. Design of Bicycle Parking Areas Bicycle parking areas must be constructed of asphaltic cement concrete, Portland cement concrete or manufactured paving materials, such as brick. However, the City Building Official may permit the use of rock or gravel areas for bicycle parking, provided edging materials are used so that the bicycle parking area is clearly demarcated and the rock material is contained. Required bicycle parking racks must be designed to support the bicycle by its frame and allow the use of either a cable lock or a U- shaped lock. Bicycle lockers and secure indoor storage facilities are also allowed. Bicycle parking facilities shall be located in a clearly designated, safe and convenient location and shall be located so as not to impede pedestrian or vehicular traffic. Bicycle parking is allowed in front and " DRAFT" JCCOG Metro Bicycle Master Plan Page 67 * D R A F T side building setbacks in all zones, provided that such a parking area results in no more than 25 percent of the required setback area being paved. Table 5A-1: Minimum Parking Requirements in the CB-5 USE SUBGROUPS Parking Requirement Bicycle Parking CATEGORIES Residential Uses Household Living Uses Multi-family CB-5 Zone Efficiency,1-bedroom, and 2-bedroom units: 1 space Dwellings per dwelling unit. 1.0 per d.u. 3-bedroom units: 2 spaces per dwelling unit Units with more than 3 bedrooms: 3 spaces per dwelling unit Elder Apartments: 1 space for every 2 dwelling units. Table 5A-2: Minimum Parking Requirements for all zones, except the CB-5 and CB-10 Zones USE SUBGROUPS parking Requirement Bicycle CATEGO Parking RIES Residential Uses Household Single Family Uses 1 space per dwelling. However, for a SF use that contains a household with None Living more than 2 unrelated persons, 1 additional parking space is required for each required additional unrelated person in excess of two. For example, if a Single Family Use contains 4 unrelated persons, then 3 parking spaces must be provided. Two Family Uses 1 space per dwelling unit. For a Two Family dwelling unit that contains a None household with more than 2 unrelated persons, 1 additional parking space is required required for each additional unrelated person in excess of two. Group Households 3 spaces None required Multi- All Efficiency & 1-bedroom units: 1 space per dwelling unit 0.5 per d.u. family zones, 2-bedroom units: 2 spaces per dwelling unit 1.0 per d.u. Dwellings except 3-bedroom units: 2 spaces per dwelling unit 1.5 per d.u. PRM 4-bedroom units: 3 spaces per dwelling unit 1.5 per d.u. 5-bedroom units: 4 spaces per dwelling unit 1.5 per d.u. PRM Efficiency, 1- & 2-bedroom units: 1 space per dwelling unit 1.0 per d.u. Zone 3-bedroom units: 2 spaces per dwelling unit Units with more than 3 bedrooms: 3 spaces per dwelling unit Elder 1 space per dwelling unit for independent living units and 1 space for every 2 5% Apartme dwelling units for assisted living units, except in the PRM and CB-2 Zones. nts In the PRM and CB-2 Zones, 1 space for every 2 dwelling units. Group Living Assisted Group Living 1 space for every 3 beds plus 1 space for each staff member determined by the None maximum number of staff present at any one time. required Independent Group 1 space per 300 sq. ft. of floor area or 0.75 spaces per resident, whichever is 25% Living less. Fraternal Group 1 space per 300 sq. ft. of floor area or 0.75 spaces per resident, whichever is 25% Living less. Page 68 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T USE SUBGROUPS Parking Requirement Bicycle Parking CATEGORIES Commercial Uses Adult Business Uses Retail-type 1 space per 300 sq. ft. of floor area 15% Entertainment/night club-type Parking spaces equal to 1/3 the occupant load of the 10% largest assembly space or seating area in the building. Animal-related General 1 space for each office, examining room, and None required Commercial treatment/grooming room, but not less than 3 spaces. Intensive 3 spaces None required Commercial Recreational Outdoor Spectator-type Parking spaces equal to 1/4 the occupant load of the 10% Uses (major event facilities, seating area. such as arenas, stadiums, etc.) Participatory-type (tennis Parking spaces equal to 2/3 the maximum number of 10% courts, swimming pools, participants likely at any one time. archery ranges, sports fields, etc.) Indoor Parking spaces equal to 1/3 the occupant load of the 10% area used for the participatory activity. Commercial Parking Not applicable None required Eating and Drinking 1 space per 150 sq. ft. of floor area, or parking 10% Establishments spaces equal to 1/3 the occupant load of the seating area, whichever is less. Carry-outldelivery restaurants that do not have a seating area must provide at least 4 spaces. Quick Vehicle Servicing For gas stations, 1 stacking space is required for None required every service stall or pump station. For car washes, 4 stacking spaces are required for each wash rack, bay, or tunnel. Parking for convenience retail must be calculated separately. Parking spaces must be provided in lieu of stacking spaces in instances where egress from a facility would require moving a motor vehicle waiting for entry. Office Uses General Office 1 space per 300 sq. ft. of floor area. 15% In the MU and CB-2 Zones, no additional parking is required for that floor area exceeding 8,000 square feet. Medical/Dental Office 1.5 spaces for each office, examining room and 15% treatment room, provided however, there shall not be less than 5 spaces. " DRAFT" JCCOG Metro Bicycle Master Plan Page 69 * D R A F T USE SUBGROUPS Parking Requirement Bicycle Parking CATEGORIES Retail Shopping centers, where a mix of 1 space per 250 sq. ft. of floor area. Spaces for 15% uses, such as retail, office, residential uses must be calculated separately and restaurants, theaters, commercial must be provided in addition to the parking spaces recreational uses, etc., share the for the commercial uses. same parking area. This parking minimum maybe used as an optional alternative to calculating the parking for each of the uses separately. Sales-Oriented 1 space per 300 sq. ft. of floor area 15% Personal Service-Oriented 1 space per 300 sq. ft. of floor area. 15% Repair-Oriented 1 space per 500 sq. ft. of floor area None required Hospitality-Oriented For hotels and motels, 1 space per guest room. None required For guest houses, as defined in this Title, 0.75 spaces per guest room. For meeting facilities and similar, spaces equal to 1/4 the occupant load of the meeting area or 1/4 the occupant load of the seating area, whichever is most applicable to the use. Outdoor Storage and Display- 1 space per 500 sq. ft. of floor area 10% Oriented Surface Passenger No minimum requirement None required Services Vehicle Repair 1 space per 300 sq. ft. of floor area. None required Industrial Uses Industrial Service None required 1 space per 750 sq. ft. of floor area Manufacturing and Technical/Light Manufacturing 1 space per 750 sq. ft. of floor area None required Production General Manufacturing 1 space per 750 sq. ft. of floor area None required Heavy Manufacturing 1 space per 750 sq. ft. of floor area None required Salvage Operations 1 space per 750 sq. ft. of floor area None required Self-Service Storage 2 spaces per leasing office plus 1 space per 100 None required leasable storage spaces. Warehouse and Freight For warehouses up to 25,000 sq. ft. 1 space per 1,000 sq. ft. of floor area up to a None required Movement maximum of 5 spaces. For warehouses 25,000 sq. ft. or 5 spaces plus 1 space for each 5,000 sq. ft. above None required greater 25,000 sq. ft. Waste-Related Uses 1 space per 750 sq. ft. of floor area None required Wholesale Sales 1 space per 750 sq. ft. of floor area None required Page 70 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T USE CATEGORIES SUBGROUPS Parking Requirement Bicycle Parking Institutional And Civic Uses Basic Utilities No minimum requirement None required Colleges and Universities Public Based on parking demand analysis 25% Private Per special exception review based on parking 25% demand analysis Community Service General Community Service 1 space per 300 sq. ft. of floor area 10% Community Service -Shelter 0.1 space per temporary resident based on the 25% maximum number of temporary residents staying at the shelter at any one time plus 1 space per employee based on the maximum number of employees at the site at any one time. Daycare 1 space per employee based on the maximum 10% number of employees at the site at any one time plus one parking space for each 10 children or clients served, based on the maximum number of children present on the site at any one time, plus one stacking space for each 20 children or clients served, based on the maximum number of clients or children present on the site at any one time. Additional parking spaces at a ratio of 1/20 clients or children served maybe substituted for the stacking spaces, if the City determines that such an arrangement will not cause traffic to stack into adjacent streets or public rights-of-way. Detention Facilities No minimum requirement None required Educational Facilities Elementary, middle, junior high 2 spaces per classroom 25% schools, and Specialized Educational Facilities High schools 10 spaces per classroom 25% Hospitals 1.75 spaces per hospital bed None required Parks and Open Space No minimum requirement, except for recreational 5% uses within private open spaces areas as follows: For golf courses, 3 spaces for each green (hole). For other recreational or public assembly-type uses, parking is required at half the minimum amount required for the most similar commercial recreational use. Religious/Private Group Parking spaces equal to 1/6 the occupant load of 5% Assembly the main auditorium or the largest room in the building, whichever is greater. Other Uses Agriculture Plant-related No minimum requirement None required Animal-related No minimum requirement None required Aviation-related Uses Airports No minimum requirement None required Helicopter Landing Facilities No minimum requirement None required Extraction No minimum requirement None required Communication No minimum requirement None required Transmission Facilities " DRAFT" JCCOG Metro Bicycle Master Plan Page 71 * D R A F T Page 72 JCCOG Metro Bicycle Master Plan `DRAFT * D R A F T References The guiding principles draw from other bicycle plans, including the Knoxville, TN Regional Bicycle Plan. ii National Personal Transportation Survey (NPTS), 1995. iii Mayo Foundation for Medical Education and Research (MFMER), 2008. iv Retrieved from www.bicyclinginfo.org/education on December 16, 2008. ° Iowa Code 2007: Title VIII Transportation > Subtitle 2 Vehicles > Chapter 321 Motor Vehicles and Law of the Road > 321.397 Lamps on bicycles. ~ "Bicycle Collisions in Johnson County," by P. Knapp, S. Knoploh-Odole, L. Levy, J. Rosenberg, and S. Snyder; University of Iowa Department of Urban & Regional Planning; 2008. vii AASHTO Guide for the Development of Bicycle Facilities (1999), page 20. viii Wachtel A.; Lewiston D. "Risk Factors for Bicycle-Motor Vehicle Collisions at Intersections," Journal of Safety Research, Volume 27, Number 3, Autumn 1996, pp. 195-195(1). ix Aultman-Hall L, Kaltenecker MG. "Toronto bicycle commuter safety rates," Accident Analysis and Prevention, November 31, 1999, (6):675-86. X Sports Participation 2007, National Sporting Goods Association, www.nsga.org. ~ Barton-Aschman Associates, Inc. (in association with Dunbar/Jones Partnership, Kirkham, Michael & Associates, Inc.), and Zimmerman, Laurent & Richardson, Inc. Iowa Statewide Recreational Trails Plan. Prepared for the Iowa Department of Transportation. 1990. ~i Coralville Community Survey 2002, prepared by M.J. Klemme, MJ Consulting Associates, Inc. xiii Iowa City Community Attitude and Interest Survey 2008, prepared by Leisure Vision / ETC Institute. ~4 American Association of Retired People, The Magazine, September & October 2008. xv "A Comparative Analysis of Bicycle Lanes Versus Wide Curb Lanes: Final Report," U.S. Department of Transportation, Federal Highway Administration, December 1999. xvi Harkey, D.L. and Stewart, J.R. "Evaluation of Shared Use Facilities for Bicycles and Motor Vehicles," Transportation Research Record 1578, 1997, pp. 111-118. xvii Kroll, B. and Ramey, M. "Effects of Bike Lanes on Driver and Bicyclists Behavior," Transportation Engineering Journal, Volume 103, March 1977. xviii McHenry, S.R. and Wallace, M.J. Evaluation of Wide Curb Lanes as Shared Lane Bicycle Facilities, Maryland State Highway Administration, Baltimore Maryland, 1985. xix "A Comparative Analysis of Bicycle Lanes Versus Wide Curb Lanes: Final Report," U.S. Department of Transportation, Federal Highway Administration, December 1999. xx Retrieved from www.bicyclinginfo.org/education on December 16, 2008. xxi "Bicycle Collisions in Johnson County," by P. Knapp, S. Knoploh-Odole, L. Levy, J. Rosenberg, and S. Snyder, 2008. xxii Iowa Code 2007: Title VIII Transportation > Subtitle 2 Vehicles > Chapter 321 Motor Vehicles and Law of the Road > 321.397 Lamps on bicycles. " DRAFT" JCCOG Metro Bicycle Master Plan Page 73 rn-~ 16 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-264 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN APPLICATION FOR I-JOBS GRANT FUNDS TO MOVE THE NORTH WASTE WATER TREATMENT PLANT. WHEREAS, the residents of Iowa City passed a one cent ($.01) local option sales tax referendum on May 5, 2009, and the City intends to use the sales tax revenues, in part, to provide funding to move the City's north wastewater treatment plant out of the 100-year flood plain; WHEREAS, said sales tax will not provide all the funding needed to move the north wastewater treatment plant; WHEREAS, on May 14, 2009, the Governor signed SF 376 that created the I-Jobs program; WHEREAS, the purpose of the I-Jobs program is to provide funds for certain infrastructure projects; WHEREAS, the City intends to apply for an I-Jobs grant to move the north wastewater treatment plant to the south wastewater treatment facility and said grant requires a local match of 25%; WHEREAS, if the I-Jobs grant is approved, the City intends to use sales tax proceeds for the 25% local match; and WHEREAS, the City Council finds that the public interest will be served by applying for an I-Jobs grant application to move the north wastewater treatment plant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to make application for an I-Jobs grant to move the north wastewater treatment center to the south wastewater treatment facility and to enter into a grant agreement if the application is approved. Passed and approved this 28th day of July, 2009. i~ ii ATTEST: - ~f.1.,i r~~`.l~-' ~ - d d ,cam S CIT LERK City Attorney's Office Resolution No. 09-264 Page 2 It was moved by Hayek and seconded by o ; a the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X X ~_ X ~- Bailey. Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc M+~ _ 17 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-265 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN APPLICATION FOR I-JOBS GRANT FUNDS TO CONSTRUCT FIRE STATION N0.4. WHEREAS, on May 14, 2009, the Governor signed SF 376 that created the I-Jobs program; WHEREAS, the purpose of the I-Jobs program is to provide funds for certain infrastructure projects; WHEREAS, the City intends to apply for an I-Jobs grant to construct Fire Station No. 4 and said grant requires a local match of 50%; WHEREAS, if the I-Jobs grant is approved, the City will provide at least 50% local match; and WHEREAS, the City Council finds that the public interest will be served by applying for an I-Jobs grant application to construct Fire Station No. 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to make application for an I-Jobs grant to construct Fire Station No. 4 and to enter into a grant agreement if the application is approved. Passed and approved this 28th day of July, 2009. ATTEST: CIT LERK City Attorney's Office Resolution No. 09-265 Page 2 It was moved by Wilburn and seconded by wriQht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- -~- x X ~- x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpd ata/glossary/resolution-ic. doc ~~ ADVERTISEMENT FOR BIDS CITY OF IOWA CITY/SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT JOINT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 2:00 P.M. on the 21St of July, 2009. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at its next regular meeting to be held in the Emma J. Harvat Hall, City Hall, at 7:00 P.M. on the 28th day of July, 2009, or at a special meeting called for that purpose. The Project will involve the following: Construction, alteration and improvements of the canopy, walkway retaining wall and landscape area next to and in front of the Sheraton Hotel in downtown Iowa City. Site construction also includes related electrical work, signage and paving. There will be a preconstruction meeting on Thursday, July 2, 2009, 9:00 A.M., in the Johnson Room, Lower Level of the Sheraton Hotel, 210 S. Dubuque Street, Iowa City, Iowa. All work is to be done in strict compliance with the plans and specifications prepared by Neumann Monson, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula- tion of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: July 30, 2009 End Date: October 2, 2009 Liquidated Damages: $250.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Iowa City Reprographics, Iowa City, Iowa, by bona fide bidders. A $20.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Iowa City Reprographics, 114 S. Dubuque Street, Iowa City, Iowa (319) 338-7872. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced R-1 within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK pweng\ad bids\sheraton.doc R-2 07-28-09 M-~~ 18 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. oA-~hh RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY OF IOWA CITY/SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT JOINT PROJECT. WHEREAS, Calacci Construction of Iowa City, Iowa, has submitted the lowest responsible bid of $237,600 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Calacci Construction, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The Public Works Director is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 28th day of ATTEST: Gz~~~~ - CITY ERK 20 09 It was moved by 0' Donnell and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x x x x ~._ NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pwengVes~awrdcon-Sheraton Walkway. doc 7/09 City Attorney's Office 7 ~~ a/coq NOTICE TO BIDDERS STATE OF IOWA -Sealed bids will be received on July 21, 2009 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A.M., C.T., for various items of construction and/or maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p.m. The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for atwo-hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two-hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 422.42(16), 422.42(17) and 422.47(5). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub-contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: • Posted on the Internet at www.bidx.com Available in the Iowa Department of Transportation's "Weekly Letting Report" • Available by calling the Office of Contracts of the Iowa Department of Transportation at 515- 239-1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal-Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87-581 and Implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515-239-1414 Bid Order: To Be Determined DBE Goal: 2.5% Work Type: HMA Resurfacing Guarantee: To Be Determined Project(s): JOHNSON -ESL-3715(643)-7S-52 Route: Old Hwy 218 from Hwy 6 intersection south to Mormon Trek Boulevard. M~~ 19 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. o9-2h~ RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE OLD HIGHWAY 218 RESURFACING PROJECT ESL- 3715(643}-7S-52. WHEREAS, L. L. Pelling, Inc. of North Liberty, Iowa, has submitted the lowest responsible bid of $785,108.51 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to L. L. Pelling Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The contract for the construction of the above-named project is hereby recommended to be awarded to L. L. Pelling Company, Inc., subject to the condition that awardee is deemed qualified by the Iowa Department of Transportation (la DOT). 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 28th day of ATTEST: /y(~-sc~u~ 7i i~ CITY ERK „~~~ It was moved by _ xavek and seconded by orre~ a the Resolution be adopted, and upon roll call there were: AYES: x x X x x NAYS: ABSENT: .Bailey Champion Correia Hayek O'Donnell Wilburn Wright Pweng/res/218resurtacing-awrdcon.doc 7/09 City Attorney's Office ~ / ~ a c~=, ~~, NOTICE TO BIDDERS STATE OF IOWA -Sealed bids will be received on July 21, 2009 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A.M., C.T., for various items of construction and/or maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p.m. The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for atwo-hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two-hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 422.42(16), 422.42(17) and 422.47(5). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub-contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: • Posted on the Internet at www.bidx.com • Available in the Iowa Department of Transportation's "Weekly Letting Report" • Available by calling the Office of Contracts of the Iowa Department of Transportation at 515- 239-1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal-Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87-581 and Implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515-239-1414 Bid Order: 204 Work Type: PCC PATCHING -STORM SEWER CLEANOUT & INSPECTION Guarantee: $2,000 Project(s): JOHNSON - ER-3715(638)--8R-52 Route: RIVERSIDE DRIVE ~ 20 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. oA-~6R RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE RIVERSIDE DRIVE FLOOD REPAIR PROJECT ER-3715(638)--8R-52. WHEREAS, L.L. Pelling Company of North Liberty, Iowa has submitted the lowest responsible bid of $ 47,816.30 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The contract for the construction of the above-named project is hereby awarded to L.L. Pelling Company, subject to the condition that awardee secure adequate payment bond and insurance certificate. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate payment bond and insurance certificate. Passed and approved this 28th ATTEST: ~ ~ `~ • ~~2~ City erk 2009. Afpproved/~by: /j~~ City Attorney's Office 7~~z/v~ It was moved by Wilburn and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: ~ _ X x x _~ x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright u~-zu-uy i 21 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO 09-269 RESOLUTION AUTHORIZING EXECUTION OF A PROJECT PARTNERSHIP AGREEMENT AND RIGHT OF ENTRY EASEMENT BETWEEN THE CITY OF IOWA CITY AND THE DEPARTMENT OF ARMY (ARMY CORPS OF ENGINEERS) FOR THE SECTION 14 STREAM BANK STABILIZATION PROJECT ALONG THE IOWA RIVER IN IOWA CITY, IOWA WHEREAS, the City of Iowa City requested the United States Army Corps of Engineers to address an emergency stream bank protection problem along the Iowa River in Iowa City, Iowa; and WHEREAS, the Iowa River is eroding the east stream bank, south of the Park Road bridge, threatening the Dubuque Street embankment; and WHEREAS, the United States Army Corps of Engineers has authorization under Section 14 of the Flood Control Act of 1946, as amended, to protect pubic facilities which are threatened by natural processes on stream banks; and WHEREAS, the United States Army Corps of Engineers and the City of Iowa City desire to enter into a Project Partnership Agreement and right of entry easement for the Section 14 project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to execute and City Clerk is hereby authorized to attest the Project Partnership Agreement with the Department of the Army attached hereto and incorporated by reference herein, and said agreement is hereby approved as to form and content, and found to be in the best interests of the citizens of Iowa City, Iowa. 2. The Mayor is hereby authorized to execute and City Clerk is hereby authorized to attest the right of entry easement with the Department of the Army attached hereto and incorporated by reference herein, and said agreement is hereby approved as to form and content, and found to be in the best interests of the citizens of Iowa City, Iowa. 3. The City Attorney is hereby authorized to execute any necessary certificates required for the completion of the project. The, certificates may include, but are not limited to, right of way and authority. Passed and approved this 28th day of ATTEST: Q~.r~~ ~ CIT LERK 20 oa Resolution No. Page 2 09-269 It was moved by Wright and seconded by xayek the Resolution be adopted, and upon roll call there were: AYES: .~- x x _~- x ~- x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pweng\res\StreamBankStabilize-Res-7-09.doc 7(09 PROJECT PARTNERSHIP AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF IOWA CITY, IOWA FOR DESIGN AND CONSTRUCTION OF THE IOWA RIVER, IOWA CITY, JOHNSON COUNTY, IOWA EMERGENCY STREAMBANK PROTECTION PROJECT THIS AGREEMENT is entered into this ZOfh day of /~~ ~ ~' 2009, by and between the Department of the Army (hereinafter the "Government"), represented by the U. S. Army Engineer, Rock Island District and the City of Iowa City, Iowa (hereinafter the "Non-Federal Sponsor"), represented by the Mayor, City of Iowa City, Iowa. WITNESSETH, THAT: WHEREAS, design and construction of the Iowa River, Iowa City, Johnson County, Iowa, Emergency Streambank Protection Project (hereinafter the "Project", as defined in Article I.A. of this Agreement) at Iowa City, Johnson County, Iowa, was approved by Mississippi Valley Division on April 15, 2009 pursuant to the authority contained in Section 14 of the Flood Control Act of 1946, Public Law 79-526, as amended (33 U.S.C. 701r; hereinafter "Section 14"); WHEREAS, the Secretary of the Army is authorized by Section 14 to allot from certain appropriations an amount not to exceed $15,000,000 per year for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damages to highways, bridge approaches, and public works, churches, hospitals, schools, and other nonprofit public services; provided that no more than $1,500,000 shall be allotted for this purpose at any single locality from the appropriations for any one fiscal year; WHEREAS, the Government and the Non-Federal Sponsor desire to enter into a Project Partnership Agreement (hereinafter the "Agreement") for design and construction of the Project; WHEREAS, Section 103 of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2213) specifies the cost-sharing requirements applicable to the Project; WHEREAS, the Non-Federal Sponsor does not qualify for a reduction of the non-Federal cost share for flood control pursuant to the guidelines that implement Section 103(m) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2213(m)); WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended (42 U.S.C. 1962d-Sb), and Section 103(j) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2213(j)), provide, inter alia, that the Secretary of the Army shall not commence construction of any water resources project, or separable element thereof, until each non-Federal interest has entered into a written agreement to furnish its required cooperation for the project or separable element; WHEREAS, the Government and Non-Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Project in accordance with the terms of this Agreement; and WHEREAS, the Government and the Non-Federal Sponsor, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non-Federal Sponsor through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes, foster a cooperative bond between the Government and the Non-Federal Sponsor, and facilitate the successful implementation of the Project. NOW, THEREFORE, the Government and the Non-Federal Sponsor agree as follows: ARTICLE I -DEFINITIONS A. The term "Project" shall mean placing riprap along the eroding bank line adjacent to Dubuque Street. The bank line would be shaped for placement of about 2,800 tons of Iowa Department of Transportation (DOT) Class E riprap. Shaping, rock fill, and riprap placement would provide a minimum 2:H (horizontal) on 1:V (vertical) slope along approximately 375 feet of the left descending bank line along Dubuque Street. The bank protection would extend landward approximately 20 feet, and encroach approximately 15 feet into the water as generally described in the Iowa River, Iowa City, Johnson County, Iowa Section 14 Feasibility Report dated March 26, 2009, and approved by the Commander, Mississippi Valley Division on April 15, 2009. B. The term "total project costs" shall mean the sum of all costs incurred by the Non-Federal Sponsor and the Government in accordance with the terms of this Agreement directly related to design and construction of the Project. Subject to the provisions of this Agreement, the term shall include, but is not necessarily limited to: the Government's design costs; the Government's costs of preparation of environmental compliance documentation in accordance with Article II.A.2. of this Agreement; the Government's engineering and design costs during construction; the Non-Federal Sponsor's and the Government's costs of investigations to identify the existence and extent of hazardous substances in accordance with Article XIV.A. of this Agreement; the Govemment's costs of 2 historic preservation activities in accordance with Article XVILA. and Article XVILB.1. of this Agreement; the Government's actual construction costs; the Government's supervision and administration costs; the Non-Federal Sponsor's and the Government's costs of participation in the Project Coordination Team in accordance with Article V of this Agreement; the Government's costs of contract dispute settlements or awards; the value of lands, easements, rights-of--way, relocations, and improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material for which the Government affords credit in accordance with Article IV of this Agreement or for which reimbursement by the Government is required pursuant to Article ILB.4. of this Agreement; and the Non-Federal Sponsor's and the Government's costs of audit in accordance with Article X.B. and Article X.C. of this Agreement. The term does not include any costs for operation, maintenance, repair, rehabilitation, or replacement of the Project; any costs of betterments under Article II.H.2. of this Agreement; any costs of dispute resolution under Article VII of this Agreement; the Government's costs for data recovery activities associated with historic preservation in accordance with Article XVII.B.2. and Article XVII.B.3. of this Agreement; or the Non-Federal Sponsor's costs of negotiating this Agreement. C. The term "period of design and construction" shall mean the time from the effective date of this Agreement to the date that construction of the Project is complete, as determined by the Government, or the date that this Agreement is terminated in accordance with Article XIII or Article XIV.C. of this Agreement, whichever is earlier. D. The term "financial obligations for design and construction" shall mean the financial obligations of the Government that result or would result in costs that are or would be included in total project costs except for obligations pertaining to the provision of lands, easements, and rights-of--way, the performance of relocations, and the construction of improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material. E. The term "non-Federal proportionate share" shall mean the ratio ofNon-Federal Sponsor's total contribution of funds required by Article II.B.1., Article II.B3., and Article II.C.2. of this Agreement to financial obligations for design and construction, as projected by the Government. F. The term "highway" shall mean any highway, roadway, street, or way, including any bridge thereof that is owned by a public entity. G. The term "relocation" shall mean providing a functionally equivalent facility to the owner of a utility, cemetery, highway, railroad, or public facility when such action is authorized in accordance with applicable legal principles of just compensation. Providing a functionally equivalent facility may take the form of alteration, lowering, raising, or replacement and attendant demolition of the affected facility or part thereof. H. The term `functional portion of the Project" shall mean a portion of the Project for which construction has been completed and that can function independently, as determined by the U.S. Army Engineer, Rock Island District (hereinafter the "District Engineer"} in writing, although the remainder of the Project is not complete. I. The term "betterment" shall mean a difference in the design or construction of an element of the Project that results from the application of standards that the Government detei7nines exceed those that the Government would otherwise apply to the design or construction of that element. The term does not include any design or construction for features not included in the Project as defined in paragraph A. of this Article. J. The term "Federal program funds" shall mean funds provided by a Federal agency, other than the Department of the Army, plus any non-Federal contribution required as a matching share therefor. K. The term "Section 14 Project Limit" shall-mean the $1,500,000 statutory limitation on the Government's financial participation in the planning, design, and construction of the Project as specified in Section 14 of the Flood Control Act of 1946, Public Law 79-526, as amended (33 U.S.C. 701r). L. The term "Section 14 Annual Program Limit" shall mean the statutory limitation on the Government's annual allotment for planning, design, and construction of all projects implemented pursuant to Section 14 of the Flood Control Act of 1946, Public Law 79-526, as amended (33 U.S.C. 701r). As of the effective date of this Agreement, such limitation is $15,000,000. M. The term "fiscal year" shall mean one. year beginning on October 1 and ending on September 30. ARTICLE II -OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States (hereinafter the "Congress") and using those funds and funds provided by the Non-Federal Sponsor, expeditiously shall design and construct the Project, applying those procedures usually applied to Federal projects, in accordance with Federal laws, regulations, and policies. 1. The Government shall not issue the solicitation for the first contract for design of the Projector commence design of the Project using the Goverrment's own forces until the Non-Federal Sponsor has confirmed in writing its willingness to proceed with the Project. 2. The Government shall develop and coordinate as required, an Environmental Assessment and Finding of No Significant Impact or an Environmental Impact Statement and Record of Decision, as necessary, to inform the public regarding the environmental impacts of the Project in accordance with the National Environmental 4 Policy Act of 1969 (42 U.S.C. 4321-4347; hereinafter "NEPA"). However, the Government shall not issue the solicitation for the first construction contract for the Project or commence construction of the Project using the Government's own forces until all applicable environmental laws and regulations have been complied with, including, but not limited to NEPA and Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341). 3. The Government shaIl afford the Non-Federal Sponsor the opportunity to review and comment on the solicitations for all contracts, including relevant plans and specifications, prior to the Government's issuance of such solicitations. To the extent possible, the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all proposed contract modifications, including change orders. In any instance where providing the Non-Federal Sponsor with notification of a contract modification is not possible prior to execution of the contract modification, the Government shall provide such notification in writing at the earliest date possible. To the extent possible, the Government also shall afford the Non-Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof. The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the contents of solicitations, award of contracts or commencement of design or construction using the Government's own forces, execution of contract modifications, resolution of contract claims, and performance of all work on the Project shall be exclusively within the control of the Government. 4. At the time the District Engineer furnishes the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Project, the District Engineer shall furnish a copy thereof to the Non-Federal Sponsor. B. The Non-Federal Sponsor shall contribute a minimum of 35 percent, but not to exceed 50 percent, of total project costs in accordance with the provisions of this paragraph. 1. The Non-Federal Sponsor shall provide a contribution of funds equal to 5 percent of total project costs ui accordance with Article VLB. of this Agreement. 2. In accordance with Article III of this Agreement, the Non-Federal Sponsor shall provide all lands, easements, and rights-of--way, including those required for relocations, the borrowing of material, and the disposal of dredged or excavated material, shall perform or ensure performance of all relocations, and shall construct improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material that the Government determines to be required or to be necessary for construction, operation, and maintenance of the Project. 3. The Non-Federal Sponsor shall provide additional funds in accordance with Article VLB. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's required minimum share of 35 percent of total project costs if the Government projects at any time that the collective value of the following contributions will be less than such required minimum share: (a) the value of the Non-Federal Sponsor's contributions under paragraph B.1. of this Article; (b) the value of the Non-Federal Sponsor's contributions under paragraph B.2. of this Article as determined in accordance with Article IV of this Agreement; and (c) the value of the Non-Federal Sponsor's contributions under Article V, Article X, and Article XN.A. of xhis Agreement. 4. The Government, subject to the availability of funds and as limited by the Section 14 Project Limit and the Section 14 Annual Program Limit, shall refund or reimburse to the Non-Federal Sponsor any contributions in excess of 45 percent of total project costs if the Government determines at any time that the collective value of the following contributions has exceeded 45 percent of total project costs: (a) the value of the Non-Federal Sponsor's contributions under paragraph B.2_ of this Article as determined in accordance with Article IV of this Agreement; (b) the value of the Non-Federal Sponsor's contributions under paragraph B.3. of this Article; and (c) the value of the Non-Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement. After such a determination, the Government, in its sole discretion, may acquire any remaining lands, easements, and rights-of--way required for the Project, perform any remaining relocations necessary for the Project, or construct any remaining improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material required for the Project on behalf of the Non-Federal Sponsor. Notwithstanding the acquisition of lands, easements, and rights-of--way, performance of relocations, or construction of improvements required on lands, easements, and rights-of- way to enable the disposal of dredged or excavated material by the Government under this paragraph, the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for any costs of cleanup and response in accordance with Article XIV.C. of this Agreement. C. Notwithstanding any other provision of this Agreement, Federal fmancial participation in the Project is limited by the following provisions of this paragraph. 1. In the event the Government projects that the amount of Federal funds the Government will make available to the Project through the then-current fiscal year, or the amount of Federal funds the Government will make available for the Project through the upcoming fiscal year, is not sufficient to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVII.B.2. and Article XVII.B.3. of this Agreement that the Government projects to be incurred through the then-current or upcoming fiscal year, as applicable, the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project, future performance under this Agreement shall be suspended and the parties shall proceed in accordance with Article XIII.B. of this Agreement. 2. In accordance with Section 14 of the Flood Control Act of 1946, Public Law 79-526, as amended (33 U.S.C. 701r), the Government's total financial obligations for planning, design, and construction of the Project (except for costs incurred on behalf of the Non-Federal Sponsor in accordance with paragraph H. of this Article) shall not exceed the Section 14 Project Limit. Notwithstanding any other provision of this Agreement, the Non-Federal Sponsor shall be responsible for all costs in excess of this limit and shall pay any such costs in accordance with Article VLB. of this Agreement. 3. If the Govemrnent determines that the total amount of Federal funds provided by Congress for all projects implemented pursuant to Section 14 has reached the Section 14 Annual Program Limit, and the Government projects that the Federal funds the Government will make available to the Project within the Section 14 Annual Program Limit will not be sufficient to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVII.B.2. and Article XVII.B.3. of this Agreement, the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project within the Section 14 Annual Program Limit, future performance under this Agreement shall be suspended and the parties shall proceed in accordance with Article XIII.B. of this Agreement. D. When the District Engineer determines that the entire Project, or a functional portion of the Project, is complete, the District Engineer shall so notify the Non-Federal Sponsor in writing and furnish the Non-Federal Sponsor with a final Operation, Maintenance, Repair, Rehabilitation, and Replacement Manual (hereinafter the "OMRR&R Manual") or, if the final OMRR&R Manual is not available, an interim OMRR&R Manual for the entire Project or such completed portion. Upon such notification, the Government also shall furnish to the Non-Federal Sponsor a copy of all final as-built drawings for the entire Project or such completed portion if such drawings are available. Not later than 6 months after such notification by the Government that the entire Project is complete, the Government shall furnish the Non-Federal Sponsor with the final OMRR&R Manual and all final as-built drawings for the entire Project. In the event the final OMRR&R Manual or all final as-built drawings for the entire Project cannot be completed within the 6 month period, the Government shall provide written notice to the Non-Federal Sponsor, and the Government and the Non-Federal Sponsor shall negotiate an acceptable completion date for furnishing such documents. Further, after completion of all contracts for the Project, copies of all of the Government's Written Notices of Acceptance of Completed Work for all contracts for the Project that have not been provided previously shall be provided to the Non-Federal Sponsor. E. Upon notification from the District Engineer in accordance with paragraph D. of this Article, the Non-Federal Sponsor shall operate, maintain, repair, rehabilitate, and replace the entire Project, or the functional portion of the Project as the case may be, in accordance with Article VIII of this Agreement. 7 F. Upon conclusion of the period of design and construction, the Government shall conduct an accounting, in accordance with Article VLC. of this Agreement, and furnish the results to the Non-Federal Sponsor. G. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations for the Project under this Agreement unless the Federal agency providing the Federal portion of such funds verifies in writing that expenditure of such funds for such purpose is expressly authorized by Federal law. H. The Non-Federal Sponsor may request the Government to perform or provide, on behalf of the Non-Federal Sponsor, one or more of the services (hereinafter the "additional work"} described in this paragraph. Such requests shall be in writing and shall describe the additional work requested to be performed or provided. If in its sole discretion the Government elects to perform or provide the requested additional work or any portion thereof, it shall so notify the Non-Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Non-Federal Sponsor shall be solely responsible for all costs of the additional work performed or provided by the Government under this paragraph and shall pay all such costs in accordance with Article VI.D. of this Agreement. 1. Acquisition of lands, easements, and rights-of--way; performance of relocations; or construction of improvements required on lands, easements, and rights-of- way to enable the disposal of dredged or excavated material for the Project. Notwithstanding acquisition of lands, easements, and rights-of--way, performance of relocations, or construction of improvements by the Government, the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for any costs of cleanup and response in accordance with Article XIV.C. of this Agreement. 2. Inclusion of betterments in the design or construction of the Project. In the event the Government elects to include any such betterments, the Government shall allocate the costs of the Project features that include betterments between total project costs and the costs of the betterments. ARTICLE III -LANDS, EASEMENTS, RIGHTS-OF-WAY, RELOCATIONS, DISPOSAL AREA IMPROVEMENTS, AND COMPLIANCE WITH PUBLIC LAW 91-646, AS AMENDED A. The Government, after consultation with the Non-Federal Sponsor, shall determine the lands, easements, and rights-of--way required for construction, operation, and maintenance of the Project, including those required for relocations, the borrowing of material, and the disposal of dredged or excavated material. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of the lands, easements, and rights-of--way that the Government 8 determines the Non-Federal Sponsor must provide, in detail sufficient to enable the Non- Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non- Federal Sponsor with a written notice to proceed with acquisition of such lands, easements, and rights-of--way. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government initiating construction of a portion of the Project using the Government's own forces, the Non-Federal Sponsor shall acquire all lands, easements, and rights-of--way the Government determines the Non- Federal Sponsor must provide for that work and shall provide the Government with authorization for entry thereto. Furthernore, prior to the end of the period of design and construction, the Non-Federal Sponsor shall acquire all lands, easements, and rights-of--way required for construction, operation, and maintenance of the Project, as set forth in such descriptions, and shall provide the Government with authorization for entry thereto. The Non-Federal Sponsor shall ensure that lands, easements, and rights-of--way that the Government determines to be required for the Project and that were provided by the Non- Federal Sponsor are retained in public ownership for uses compatible with the authorized purposes of the Project. B. The Government, after consultation with the Non-Federal Sponsor, shall determine the relocations necessary for construction, operation, and maintenance of the Project, including those necessary to enable the borrowing of material or the disposal of dredged or excavated material. The Government in a timely manner shall provide the Non- Federal Sponsor with general written descriptions, including maps as appropriate, of such relocations in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non-Federal Sponsor with a written notice to proceed with such relocations. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government initiating construction of a portion of the Project using the Government's own forces, the Non-Federal Sponsor shall prepare or ensure the preparation of plans and specifications for, and perform or ensure the performance of, all relocations the Government determines to be necessary for that work. Furthermore, prior to the end of the period of design and construction, the Non- Federal Sponsor shall perform or ensure performance of all relocations as set forth in such descriptions. C. The Government, after consultation with the Non-Federal Sponsor, shall determine the improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material associated with construction, operation, and maintenance of the Project. Such improvements may include, but are not necessarily limited to, retaining dikes, wasteweirs, bulkheads, embankments, monitoring features, stilling basins, and de-watering pumps and pipes. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of such improvements in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non-Federal Sponsor with a written notice to proceed with construction of such improvements. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Govermment initiating construction of a portion of the Project using the Govemment's own forces, the Non-Federal Sponsor shall prepare plans and specifications for all 9 improvements the Government determines to be required for the disposal of dredged or excavated material under that contract, submit such plans and specifications to the Government for approval, and provide such improvements in accordance with the approved plans and specifications. Furthermore, prior to the end of the period of design and construction, the Non-Federal Sponsor shall provide all improvements set forth in such descriptions. D. The Non-Federal Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended (42 U.S.C. 4601-4655), and the Uniform Regulations contained in 49 C.F.R. Part 24, in acquiring lands, easements, and rights-of--way required for construction, operation, and maintenance of the Project, including those required for relocations, the borrowing of material, or the disposal of dredged or excavated material, and shall inform all affected persons of applicable benefits, policies, and procedures in connection with said Act. ARTICLE IV -CREDIT FOR VALUE OF LANDS, EASEMENTS, RIGHTS-OF-WAY, RELOCATIONS, AND DISPOSAL AREA IMPROVEMENTS A. The Government shall include in total project costs and afford credit toward the Non-Federal Sponsor's share of total project costs for the value of the lands, easements, and rights-of--way that the Non-Federal Sponsor must provide pursuant to Article IILA. of this Agreement; for the value of the relocations that the Non-Federal Sponsor must perform or for which it must ensure performance pursuant to Article III.B. of this Agreement; and for the value of the improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material that the Non-Federal Sponsor must provide pursuant to Article IILC. of this Agreement. However, no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value of any lands, easements, rights-of--way, relocations, or improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material that have been provided previously as an item of cooperation for another Federal project. In addition, no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value of lands, easements, rights-of--way, relocations, or improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material that were acquired or performed using Federal program funds unless the Federal agency providing the Federal portion of such funds verifies in writing that affording credit for the value of such items is expressly authorized by Federal law. Finally, no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value of lands, easements, or rights-of--way that are part of the tract of land on which the facility or structure to be protected is located, if such tract of land was owned by either the Non-Federal Sponsor or the owner of such facility or structure on the effective date of this Agreement. B. The Non-Federal Sponsor in a timely manner shall provide the Government with such documents as are sufficient to enable the Government to determine the value of any 10 contribution provided pursuant to Article IILA., Article IILB., or Article IILC. of this Agreement. Upon receipt of such documents, the Government in a timely manner shall determine the value of such contributions for the purpose of including such value in total project costs and for determining the amount of credit to be afforded or reimbursement to be provided in accordance with the provisions of this Agreement. C. For the purposes of determining the value to be included in total project costs and the amount of credit to be afforded or reimbursement to be provided in accordance with this Agreement and except as otherwise provided in paragraph G. of this Article, the value of lands, easements, and rights-of--way, including those required for relocations, the borrowing of material, and the disposal of dredged or excavated material, shall be the fair market value of the real property interests, plus certain incidental costs of acquiring those interests, as detem~ined in accordance with the provisions of this paragraph. 1. Date of Valuation. The fair market value of lands, easements, or rights- of-way owned by the Non-Federal Sponsor on the effective date of this Agreement shall be the fair market value of such real property interests as of the date the Non-Federal Sponsor provides the Government with authorization for entry thereto. The fair market value of lands, easements, or rights-of--way acquired by the Non-Federal Sponsor after the effective date of this Agreement shall be the fair market value of such real property interests at the time the interests are acquired. 2. General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.S. of this Article, the fair market value of lands, easements, or rights-of--way shall be determined in accordance with the provisions of this paragraph. a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non- Federal Sponsor and the Government. The Non-Federal Sponsor shall provide the Government with the appraisal no later than 6 months after the Non-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. The fair market value shall be the amount set forth in the Non-Federal Sponsor's appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor's second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government's appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government's appraisal, the Government, after consultation with the Non- Federal Sponsor, shall consider the Government's and the Non-Federal Sponsor's appraisals and determine an amount based thereon, which shall be deemed to be the fair market value. 11 b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article. 3. Eminent Domain Valuation Procedure. For lands, easements, or rights- of-way acquired by eminent domain proceedings instituted after the effective date of this Agreement, the Non-Federal Sponsor, prior to instituting such proceedings, shall submit to the Government notification in writing of its intent to institute such proceedings and an appraisal of the specific real property interests to be acquired in such proceedings. The Government shall have 60 calendar days after receipt of such a notice and appraisal within which to review the appraisal, if not previously approved by the Government in writing. a. If the Government previously has approved the appraisal in writing, or if the Government provides written approval of, or takes no action on, the appraisal within such 60 day period, the Non-Federal Sponsor shall use the amount set forth in such appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. b. If the Government provides written disapproval of the appraisal, including the reasons for disapproval, within such 60 day period, the Government and the Non-Federal Sponsor shall consult in good faith to promptly resolve the issues or areas of disagreement that are identified in the Government's written disapproval. If, after such good faith consultation, the Government and the Non-Federal Sponsor agree as to an appropriate amount, then the Non-Federal Sponsor shall use that amount as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. If, after such good faith consultation, the Government and the Non-Federal Sponsor cannot agree as to an appropriate amount, then the Non-Federal Sponsor may use the amount set forth in its appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. c. For lands, easements, or rights-of--way acquired by eminent domain proceedings instituted in accordance with paragraph C.3. of this Article, fair market value shall be either the amount of the court award for the real property interests taken, to the extent the Government determined such interests are required for construction, operation, and maintenance of the Project, or the amount of any stipulated settlement or portion thereof that the Goverrunent approves in writing. 12 4. Incidental Costs. For lands, easements, or rights-of--way acquired by the Non-Federal Sponsor within a five year period preceding the effective date of this Agreement, or at any time after the effective date of this Agreement, the value of the interest shall include the documented incidental costs of acquiring the interest, as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. In the event the Government modifies its determination made pursuant to Article III.A. of this Agreement, the Government shall afford credit for the documented incidental costs associated with preparing to acquire the lands, easements, or rights-of--way identified in the original determination, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. Such incidental costs shall include, but not necessarily be limited to, closing and title costs, appraisal costs, survey costs, attorney's fees, plat maps, mapping costs, actual amounts expended for payment of any relocation assistance benefits provided in accordance with Article III.D. of this Agreement, and other payments by the Non-Federal Sponsor for items that are generally recognized as compensable, and required to be paid, by applicable state law due to the acquisition of a real property interest in accordance with Article III of this Agreement. The value of the interests provided by the Non-Federal Sponsor in accordance with Article III.A. of this Agreement also shall include the documented costs of obtaining appraisals pursuant to paragraph C.2. of this Article, as determined by the Government, and subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. 5. Waiver of Appraisal. Except as required by paragraph C.3. of this Article, the Government may waive the requirement for an appraisal pursuant to this paragraph if it determines that an appraisal is unnecessary because the valuation is uncomplicated and that the estimated fair market value of the real property interest is $10,000 or less based upon a review of available data. In such event, the Government and the Non-Federal Sponsor must agree in writing to the value of such real property interest in an amount not in excess of $10,000. D. After consultation with the Non-Federal Sponsor, the Government shall determine the value of relocations in accordance with the provisions of this paragraph. 1. For a relocation other than a highway, the value shall be only that portion of relocation costs that the Government determines is necessary to provide a functionally equivalent facility, reduced by depreciation, as applicable, and by the salvage value of any removed items. 2. For a relocation of a highway, the value shall be only that portion of relocation costs that would be necessary to accomplish the relocation in accordance with the design standard that the State of Iowa would apply under similar conditions of geography and traffic load, reduced by the salvage value of any removed items. 3. Relocation costs shall include, but not necessarily be limited to, actual costs of performing the relocation; planning, engineering and design costs; supervision and 13 administration costs; and documented incidental costs associated with performance of the relocation, as determined by the Government. Relocation costs shall not include any costs due to betterments, as determined by the Government, nor any additional cost of using new material when suitable used material is available. Relocation costs shall be subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. E. The value of the improvements required on Lands, easements, and rights-of--way to enable the disposal of dredged or excavated material shall be the costs of the improvements, as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. Such costs shall include, but not necessarily be limited to, actual costs of providing the improvements; planning, engineering and design costs; supervision and administration costs; and documented incidental costs associated with providing the improvements, but shall not include any costs due to betterments, as determined by the Government. F. Any credit afforded or reimbursement provided under the terms of this Agreement for the value of relocations, or improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material, performed within the Project boundaries is subject to satisfactory compliance with applicable Federal labor laws covering non-Federal construction, including, but not limited to, 40 U.S.C. 3141- 3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.} and the Copeland Anti-Kickback Act (formerly 40 U.S.C. 276c)}. Notwithstanding any other provision of this Agreement, credit or reimbursement may be withheld, in whole or in part, as a result of the Non-Federal Sponsor's failure to comply with its obligations under these laws. G. Where the Government, on behalf of the Non-Federal Sponsor pursuant to Article II.H.1. of this Agreement, acquires Lands, easements, or rights-of--way, performs relocations, or constructs improvements required on lands, easements, or rights-of--way to enable the disposal of dredged or excavated material, the value to be included in total project costs and the amount of credit to be afforded or the amount of reimbursement provided in accordance with this Agreement shall be the costs of such work performed or provided by the Government that are paid by the Non-Federal Sponsor in accordance with Article VI.D. of this Agreement. In addition, the value to be included in total project costs and the amount of such credit to be afforded or the amount of reimbursement provided in accordance with this Agreement shall include the documented costs incurred by the Non-Federal Sponsor in accordance with the terms and conditions agreed upon in writing pursuant to Article II.H.1. of this Agreement subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. 14 ARTICLE V -PROJECT COORDINATION TEAM A. To provide for consistent and effective communication; the Non-Federal Sponsor and the Government, not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Project Coordination Team. Thereafter, the Project Coordination Team shall meet regularly until the end of the period of design and construction. The Government's Project Manager and a counterpart named by the Non-Federal Sponsor shall co-chair the Project Coordination Team. B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall keep the Project Coordination Team informed of the progress of design and construction and of significant pending issues and actions, and shall seek the views of the Project Coordination Team on matters that the Project Coordination Team generally oversees. C. Until the end of the period of design and construction, the Project Coordination Team shall generally oversee the Project, including matters related to: design; completion of all necessary environmental coordination and documentation; plans and specifications; scheduling; real property and relocation requirements; real property acquisition; contract awards and modifications; contract costs; the application of and compliance with 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.} and the Copeland Anti-Kickback Act (formerly 40 U.S.C. 276c)) for relocations and improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material; the investigations to identify the existence and extent of hazardous substances in accordance with Article XIV.A. of this Agreement; historic preservation activities in accordance with Article XVII of this Agreement; the Government's cost projections; final inspection of the entire Project or functional portions of the Project; preparation of the proposed OMRR&R Manual; anticipated requirements and needed capabilities for performance of operation, maintenance, repair, rehabilitation, and replacement of the Project including issuance of permits; and other matters related to the Project. This oversight of the Project shall be consistent with a project management plan developed by the Government after consultation with the Non-Federal Sponsor. D. The Project Coordination Team may make recommendations to the District Engineer on matters related to the Project that the Project Coordination Team generally oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Project Coordination "beam. The Government, having the legal authority and responsibility for design and construction of the Project, has the discretion to accept or reject, in whole or in part, the Project Coordination Team's recommendations. E. The Non-Federal Sponsor's costs of participation in the Project Coordination Team shall be included in total project costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement 15 to determine xeasonableness, allocability, and allowability of such costs. The Government's costs of participation in the Project Coordination Team shall be included in total project costs and shared in accordance with the provisions of this Agreement. ARTICLE VI -METHOD OF PAYMENT A. In accordance with the provisions of this paragraph, the Government shall maintain current records and provide to the Non-Federal Sponsor current projections of costs, financial obligations, contributions provided by the parties, the value included in total project costs for lands, easements, rights-of--way, relocations, and improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement. 1. As of the effective date of this Agreement, total project costs are projected to be $375,000; the Non-Federal Sponsor's contribution of funds required by Article II.B.1. and Article II.B.3. of this Agreement is projected to be $131,250; the Non- Federal Sponsor's contribution of funds required by Article II.C.2. of this Agreement is projected to be $0; the non-Federal proportionate share is projected to be 35 percent; the Non-Federal Sponsor's contribution of funds required by Article XVII.B.3. of this Agreement is projected to be $0; the value included in total project costs for lands, easements, rights-of--way, relocations, and improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement is projected to be $2,500; and the Government's total financial obligations for the additional work to be incurred and the Non-Federal Sponsor's contribution of funds for such costs required by Article II.H. of this Agreement are projected to be $0. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non-Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. 2. By and by each quarterly anniversary thereof until the conclusion of the period of design and construction and resolution of all relevant claims and appeals and eminent domain proceedings, the Government shall provide the Non- Federal Sponsor with a report setting forth all contributions provided to date and the current projections of the following: total project costs; the Non-Federal Sponsor's total contribution of funds required by Article II.B.1. and Article II.B.3. of this Agreement; the Non-Federal Sponsor's contribution of funds required by Article ILC.2. of this Agreement; the non-Federal proportionate share; the Non-Federal Sponsor's total contribution of funds required by Article XVII.B.3. of this Agreement; the value included in total project costs for lands, easements, rights-of--way, relocations, and improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement; and the Government's total financial obligations for additional work incurred and the Non- Federal Sponsor's contribution of funds for such costs required by Article II.H. of this Agreement. . 16 B. The Non-Federal Sponsor shall provide the contributions of funds required by Article ILB.1., Article II.B.3., Article ILC.2., and Article XVILB.3. of this Agreement in accordance with the provisions of this paragraph. 1. Not less than 30 calendar days prior to the scheduled date for issuance of the solicitation for the first contract for design of the Project or commencement of design of the Project using the Government's own forces, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and the funds the Government determines to be required from the Non-Federal Sponsor to meet its projected share under Article II.B.l ., Article II.B.3., Article II.C.2., and Article XVII.B.3. of this Agreement. Not later than such scheduled date, the Non-Federal Sponsor shall provide the Government with the full amount of such required funds by delivering a check payable to "FAO, USAED, Rock Island (BS)" to the District Engineer, or verifying to the satisfaction of the Government that the Non-Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or by presenting the Government with an irrevocable letter of credit acceptable to the Government for such required funds, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover: (a) the non- Federal proportionate share of financial obligations for design and construction incurred prior to the commencement of the period of design and construction; (b) the non-Federal proportionate share of financial obligations for design and construction as financial obligations for design and construction are incurred; and (c) the Non-Federal Sponsor's share of financial obligations for data recovery activities associated with historic preservation pursuant to Article XVII.B.3. of this Agreement as those financial obligations are incurred. If at any time the Government determines that additional funds will be needed from the Non-Federal Sponsor to cover the Non-Federal Sponsor's share of such financial obligations, the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.l . of this Article. C. Upon conclusion of the period of design and construction and resolution of all relevant claims and appeals and eminent domain proceedings, the Government shall conduct a final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. If outstanding relevant claims and appeals or eminent domain proceedings prevent a final accounting from being conducted in a timely manner, the Government shall conduct an interim accounting and furnish the Non- Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals and eminent domain proceedings are resolved, the Government shall amend the interim accounting to complete the final accounting and 17 furnish the Non-Federal Sponsor with written notice of the results of such final accounting. The interim or final accounting, as applicable, shall determine total project costs and the costs of any data recovery activities associated with historic preservation. In addition, for each set of costs, the interim or final accounting, as applicable, shall determine each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. 1. Should the interim or final accounting, as applicable, show that the Non-Federal Sponsor's total required shares of total project costs and the costs of any data recovery activities associated with historic preservation exceed the Non-Federal Sponsor's total contributions provided thereto, the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, Rock Island (BS)" to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim or final accounting, as applicable, show that the total contributions provided by the Non-Federal Sponsor for total project costs and the costs of any data recovery activities associated with historic preservation exceed the Non- Federal Sponsor's total required shares thereof, the Government, subject to the availability of funds and as limited by the Section 14 Project Limit and the Section 14 Annual Program Limit, shall refund or reimburse the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. However, the Non-Federal Sponsor shall not be entitled to any refund of the 5 percent cash contribution required pursuant to Article II.B.1. of this Agreement. In the event the Non-Federal Sponsor. is due a refund or reimbursement and funds are not available to refund or reimburse the excess amount to the Non-Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund or reimbursement. D. The Non-Federal Sponsor shall provide the contribution of funds required by Article II.H. of this Agreement for additional work in accordance with the provisions of this paragraph. 1. Not less than 30 calendar days prior to the scheduled date for the first financial obligation for additional work, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and of the full amount of funds the Government determines to be required from the Non-Federal Sponsor to cover the costs of the additional work. No later than 30 calendar days prior to the Government incurring any financial obligation for additional work, the Non-Federal Sponsor shall provide the Government with the full amount of the funds required to cover the costs of such additional work through any of the payment mechanisms specified in paragraph B.1. of this Article. 2. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for such additional work as they are incurred. If at 18 any time the Government determines that the Non-Federal Sponsor must provide additional funds to pay for such additional work, the Government shall notify the Non- Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. 3. At the time the Government conducts the interim or final accounting, as applicable, the Government shall conduct an accounting of the Government's financial obligations incurred for additional work and furnish the Non-Federal Sponsor with written notice of the results of such accounting. If outstanding relevant claims and appeals or eminent domain proceedings prevent a final accounting of such financial obligations for additional work from being conducted in a timely manner, the Government shall conduct an interim accounting of such financial obligations for additional work and furnish the Non-Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals and eminent domain proceedings are resolved, the Government shall amend the interim accounting of such financial obligations for additional work to complete the final accounting of such financial obligations for additional work and fiu7~ish the Non-Federal Sponsor with written notice of the results of such final accounting. Such interim or final accounting, as applicable, shall determine the Government's total financial obligations for additional work and the Non-Federal Sponsor's contribution of funds provided thereto as of the date of such accounting. a. Should the interim or final accounting, as applicable, show that the Government's total financial obligations for additional work exceed the total contribution of funds provided by the Non-Federal Sponsor for such additional work, the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, Rock Island (B5)" to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. b. Should the interim or final accounting, as applicable, show that the total contribution of funds provided by the Non-Federal Sponsor for additional work exceeds the Government's total financial obligations for such additional work, the Government, subject to the availability of funds, shall refund the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund and funds are not available to refund the excess amount to the Non-Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund. ARTICLE VII -DISPUTE RESOLUTION 19 As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method ofnon-binding alternative dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VIII -OPERATION, MAINTENANCE, REPAIR, REHABILITATION, AND REPLACEMENT (OMRR&R) A. Upon receipt of the notification from the District Engineer in accordance with Article TLD. of this Agreement and for so long as the Project remains authorized, the Non- Federal Sponsor, pursuant to Article II.E. of this Agreement, shall operate, maintain, repair, rehabilitate, and replace the entire Project or functional portion of the Project, at no cost to the Government. The Non-Federal Sponsor shall conduct its operation, maintenance, repair, rehabilitation, and replacement responsibilities in a manner compatible with the Project's authorized purposes and in accordance with applicable Federal and State laws as provided in Article XI of this Agreement and specific directions prescribed by the Government in the interim or final OMRR&R Manual and any subsequent amendments thereto. B. The Non-Federal Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor now or hereafter owns or controls for access to the Project for the purpose of inspection and, if necessary, for the purpose of completing, operating, maintaining, repairing, rehabilitating, or replacing the Project. If an inspection shows that the Non-Federal Sponsor for any reason is failing to perform its obligations under this Agreement, the Government shall send a written notice describing the non-performance to the Non-Federal Sponsor. If, after 30 calendar days from receipt of such written notice by the Government, the Non-Federal Sponsor continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor now or hereafter owns or controls for the purpose of completing, operating, maintaining, repairing, rehabilitating, or replacing the Project. No completion, operation, maintenance, repair, rehabilitation, or replacement by the Government shall relieve the Non-Federal Sponsor of responsibility to meet the Non-Federal Sponsor's obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance pursuant to this Agreement. ARTICLE IX -HOLD AND SAVE The Non-Federal Sponsor shall hold and save the Government free from all damages arising from design, construction, operation, maintenance, repair, rehabilitation, and 20 replacement of the Project and any betterments, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE X -MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement, the Government and the Non-Federal Sponsor shall develop procedures for keeping books, records, documents, or other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures shall incorporate, and apply as appropriate, the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non-Federal Sponsor shall maintain such books, records, documents, or other evidence in accordance with these procedures and for a minimum of three years after completion of the accounting for which such books, records, documents, or other evidence were required. To the extent permitted under applicable Federal laws and regulations, the Government and the Non-Federal Sponsor shall each allow the other to inspect such books, records, doctunents, or other evidence. B. In accordance with 32 C.F.R. Section 33.26, the Non-Federal Sponsor is responsible for complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501- 7507), as implemented by Office of Management and Budget (OMB) Circular No. A-133 and Department of Defense Directive 7600.10. Upon request of the Non-Federal Sponsor and to the extent permitted under applicable Federal laws and regulations, the Government shall provide to the Non-Federal Sponsor and independent auditors any information necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. The costs of any non-Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Project shall be included in total project costs and shared in accordance with the provisions of this Agreement. C. In accordance with 31 U.S.C. 7503, the Government may conduct audits in addition to any audit that the Non-Federal Sponsor is required to conduct under the Single Audit Act Amendments of 1996. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this paragraph shall be included in total project costs and shared in accordance with the provisions of this Agreement. ARTICLE XI -FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Non-Federal Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 21 5500.11 issued pursuant thereto; Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army"; and all applicable Federal labor standards requirements including, but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.) and the Copeland Anti-Kickback Act (formerly 40 U.S.C. 276c)). ARTICLE XII -RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. B. In the exercise of its rights and obligations under this Agreement, neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. ARTICLE XIII -TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this Agreement or suspend future performance under this Agreement unless he determines that continuation of work on the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Federal interests in connection with the Project. B. In the event future performance under this Agreement is suspended pursuant to Article II.C. of this Agreement, such suspension shall remain in effect until such time that the Government notifies the Non-Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVII.B.2. and Article XVII.B.3. of this Agreement the Government projects to be incurred through the then-current or upcoming fiscal year, or the Government or the Non-Federal Sponsor elects to terminate this Agreement. C. In the event that the Government and the Non-Federal Sponsor determine to suspend future performance under this Agreement in accordance with Article XIV.C. of this Agreement, such suspension shall remain in effect until the Government and the Non-Federal Sponsor agree to proceed or to terminate this Agreement. In the event that the Government suspends future performance under this Agreement in accordance with 22 Article XIV.C. of this Agreement due to failure to reach agreement with the Non-Federal Sponsor on whether to proceed or to terminate this Agreement, or the failure of the Non- Federal Sponsor to provide funds to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under Article XIV.C. of this Agreement, such suspension shall remain in effect until: 1) the Government and Non- Federal Sponsor reach agreement on how to proceed or to terminate this Agreement; 2) the Non-Federal Sponsor provides funds necessary to pay for cleanup and response costs and otherwise discharges its responsibilities under Article XIV.C. of this Agreement; 3) the Government continues work on the Project; or 4) the Government terminates this Agreement in accordance with the provisions of Article XIV.C. of this Agreement. D. If after completion of the design portion of the Project the parties mutually agree in writing not to proceed with construction of the Project, the parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article VI.C. of this Agreement. E. In the event that this Agreement is terminated pursuant to this Article or Article XIV.C. of this Agreement, both parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article VLC. of this Agreement. To provide for this eventuality, the Government may reserve a percentage of total Federal funds made available for the Project and an equal percentage of the total funds contributed by the Non-Federal Sponsor in accordance with Article ILB.1., Article ILB.3., Article II.C.2., and Article XVII.B.3. of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. F. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article or Article II.C. or Article XIV.C. of this Agreement shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment owed by the Non-Federal Sponsor shall be charged interest at a rate, to be determined by the Secretary of the TreasLUy, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE XIV -HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the District Engineer, the Non-Federal Sponsor shall perform, or ensure performance of, any investigations for hazardous substances that the Government or the Non-Federal Sponsor determines to be necessary to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601-9675; hereinafter "CERCLA"), that may exist in, on, or under Iands, easements, and rights-of--way that the Government determines, pursuant to Article III of this Agreement, to be required for construction, operation, and maintenance of the Project. However, for lands, 23 easements, and rights-of--way that the Government determines to be subject to the navigation servitude, only the Government shall perform such investigations unless the District Engineer provides the Non-Federal Sponsor with prior specific written direction, in which case the Non-Federal Sponsor shall perform such investigations in accordance with such written direction. 1. All actual costs incurred by the Non-Federal Sponsor for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. 2. All actual costs incurred by the Government for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement. B. In the event it is discovered through any investigation for hazardous substances or other means that hazardous substances regulated under CERCLA exist in, on, or under any lands, easements, or rights-of--way that the Government determines, pursuant to Article III of this Agreement, to be required for construction, operation, and maintenance of the Project, the Non-Federal Sponsor and the Government, in addition to providing any other notice required by applicable law, shall provide prompt written notice to each other, and the Non-Federal Sponsor shall not proceed with the acquisition of the real property interests until the parties agree that the Non-Federal Sponsor should proceed. C. The Government and the Non-Federal Sponsor shall determine whether to initiate construction of the Project, or, if already in construction, whether to continue with construction of the Project, suspend future performance under this Agreement, or terminate this Agreement for the convenience of the Government, in any case where hazardous substances regulated under CERCLA are found to exist in, on, or under any lands, easements, or rights-of--way that the Government determines, pursuant to Article III of this Agreement, to be required for construction, operation, and maintenance of the Project. Should the Govemment and the Non-Federal Sponsor determine to initiate or continue with construction of the Project after considering any liability that may arise under CERCLA, the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for the costs of cleanup and response, including the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of total project costs. In the event the Non-Federal Sponsor does not reach agreement with the Government on whether to proceed or to terminate this Agreement under this paragraph, or fails to provide any funds necessary to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under this paragraph upon direction by the Government, the Government, in its sole discretion, may either terminate this Agreement for the convenience of the Government, suspend future performance under this Agreement, or continue work on the Project. 24 D. The Non-Federal Sponsor and the Government shall consult with each other in accordance with Article V of this Agreement in an effort to ensure that responsible parties bear any necessary cleanup and response costs as defined in CERCLA. Any decision made pursuant to paragraph C. of this Article shall not relieve any third party from any liability that may arise under CERCLA. E. As between the Government and the Non-Federal Sponsor, the Non-Federal Sponsor shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable, the Non-Federal Sponsor shall operate, maintain, repair, rehabilitate, and replace the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XV -NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class, registered, or certified mail, as follows: If to the Non-Federal Sponsor: Mayor City of Iowa City City Hall 410 E. Washington St Iowa City, IA 52240 If to the Government: District Engineer U. S. Army Engineer District, Rock Island Clock Tower Building P. O. Box 2004 Rock Island, IL 61204-2004 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XVI -CONFIDENTIALITY 25 To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XVII -HISTORIC PRESERVATION A. The Government, as it determines necessary for the Project, shall perform any identification, survey, or evaluation of historic properties. Any costs incurred by the Government for such work shall be included in total project costs and shared in accordance with the provisions of this Agreement. B. The Government, as it determines necessary for the Project, shall perform or ensure the performance of any mitigation activities or actions for historic properties or that are otherwise associated with historic preservation including data recovery activities. 1. Any costs incurred by the Government for such mitigation activities, except for data recovery activities associated with historic preservation, shall be included in total project costs and shared in accordance with the provisions of this Agreement. 2. As specified in Section 7(a) of Public Law 86-523, as amended by Public Law 93-291 (16 U.S.C. 469c(a)), the costs of data recovery activities associated with historic preservation shall be borne entirely by the Government and shall not be included in total project costs, up to the statutory limit of one percent of the Section 14 Project Limit. 3. The Government. shall not incur costs for data recovery activities associated with historic preservation that exceed the statutory one percent limit specified in paragraph B.2. of this Article unless and until the Assistant Secretary of the Army (Civil Works) has waived that limit and the Secretary of the Interior has concurred in the waiver in accordance with Section 208(3) of Public Law 96-515, as amended (16 U.S.C. 469c- 2(3)). Any costs of data recovery activities associated with historic preservation that exceed the one percent limit shall not be included in total project costs but shall be shared between the Non-Federal Sponsor and the Government consistent with the minimum cost sharing requirements for flood damage reduction, as follows: 35 percent will be borne by the Non- Federal Sponsor and- 65 percent will be borne by the Government. C. If, dtuing its performance of relocations or construction of improvements required on lands, easements, and rights-of--way to enable the disposal of dredged or excavated material in accordance with Article III of this Agreement, the Non-Federal Sponsor discovers historic properties or other cultural resources that have not been evaluated by the Government pursuant to this Article, the Non-Federal Sponsor shall provide prompt written notice to the Government of such discovery. The Non-Federal Sponsor shall not proceed with performance of the relocation or construction of the improvement that is related to such discovery until the Government provides written notice to the Non-Federal Sponsor that it should proceed with such work. 26 ARTICLE XVIII -THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not party to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the DEPARTMENT OF THE C BY: __~,~~ ~ .L Shawn P. McGinley Colonel, U S Army Commander & District DATE: ~ rA~/~ C~ CITY OF IOWA CITY, IOWA ,~ BY: a Bailey a or (~ ' of Iowa City DATE: Ju1~28, 2009 27 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. e ~ Bailey Ma Cit f Iowa City, Iowa DATE: July 28, 2009 28 CERTIFICATION OF LEGAL REVIEW The draft Project Partnership Agreement for the Section 14 Iowa River, Johnson County, Iowa, Emergency Streambank Protection Project has been fully reviewed by the Office of Counsel, USAED, Rock Island. District Counsel DATE: 23 ~~~~ 209 IOWA RIVER, IOWA CITY, JOHNSON COUNTY, IOWA EMERGENCY STREAMBANK PROTECTION PROJECT ATTORNEY' S CERTIFICATE AS TO RIGHT-OF-WAY I, Sara Greenwood Hektoen, certify that I am an attorney for the City of Iowa City, Iowa, and that I am a duly licensed attorney, qualified and authorized to practice law in the State of Iowa. I further certify that I have made or caused to be made an examination of the land records of Johnson County, Iowa, as well as the original instruments conveying certain interests to the City of Iowa City, Iowa. Said real estate interests consisting of property takings required for project purposes, easements and descriptions of areas required, are attached to and made part of the Right-of-Entry, granted to the United States of America by the City of Iowa City, Iowa. From the foregoing examination, I am of the opinion that the City of Iowa City, Iowa, is vested with the real estate interests in said lands necessary for the construction, operation, maintenance, repair, replacement and rehabilitation of said project. I further certify that the City of Iowa City, Iowa has the full power and necessary right, title and interest in and to said lands to grant permission to the United States of America, its officers, employees, agents and assigns to enter upon the land described above for the purposes therein stated. ` ~ 2009. Signed and dated at Iowa City, Iowa this ~Jday of ti ~~ ~ ~~ Sara Greenwood Hektoenr~, /~ 3i~~ CERTIFICATE OF AUTHORITY I, Sara Greenwood Hektoen, do hereby certify that I am an assistant city attorney for the City of Iowa City, Iowa; that the City is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of Army and the City of Iowa City, Iowa in ,connection with the Iowa River, Iowa City, Johnson County, Iowa Emergency Streambank Protection Project and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement as required by Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended (42 U.S.C. 1962d-Sb); and that the persons who have executed this Agreement on behalf of the City of Iowa City, Iowa, have acted within their statutory authority. IN WITNESSETH THEREOF, I have made and executed this certification this 11`f' day of August, 2009. Sara Greenwood Hektoen, Assistant City Attorney City of Iowa City, Iowa IOWA RIVER, IOWA CITY, JOHNSON COUNTY, IOWA EMERGENCY STREAMBANK PROTECTION PROJECT RIGHT-OF-ENTRY TO UNITED STATES of AMERICA The City of Iowa City of Johnson County, Iowa, by its duly qualified and authorized officials whose signatures are affixed hereto, in consideration of the benefits and advantages which will accrue to said city by reason of its participation with the United States in the Emergency Streambank Protection Project authorized by Section 14 of the Flood Control Act of 1946 and in accordance with the required considerations of local cooperation set forth in the Project Partnership Agreement executed by the city , on ~~ 2s, ~nng does hereby grant to the United States, its officers, employees, agents, successors and assigns, and the Government contractors, their officers, employees, agents, successors, and assigns, permission to enter upon the lands, easements, rights-of--way and other properties of said city, as shown on the attached drawings, for the purposes of constructing said project. IN WITNESS WHEREOF, the city has caused its corporate name to be hereunto signed by the Mayor of the city, attested to by the Ci y Clerk and the corporate seal of said city to be affixed hereto this 28th day of ,Tuly , 2009. BY: Attest: GCS-~~~z~ J'1 ~~~ Rege i ailey, ayor ,City erk ~, NOTICE TO BIDDERS 2009 DURABLE PAVEMENT MARKING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 23~d day of July, 2009. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 28th day of July, 2009, or at special meeting called for that purpose. The Project will involve the following: 80 STA Painted Pavement Markings, Durable 15 EA Painted Symbols, Durable 477 STA Crosswalks and Stop Bars, Durable 75 STA Stop Bars, Durable 24 EA Painted Railroad Symbol, Durable 22 DAYS Flagger 1 LS Traffic Control 1 LS Mobilization All work is to be done in strict compliance with the plans and specifications prepared by the Office of the Iowa City Engineer, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: Nov. 15, 2009 No work will be allowed on University of Iowa home football weekends. These are currently scheduled as: September 4 - 6, 2009 September 18 - 20, 2009 October 2 - 4, 2009 October 9 - 11, 2009 October 30 -November 1, 2009 November 6 - 8, 2009 Liquidated Damages: $200.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of the Iowa City Engineer, Iowa City, Iowa, by bona fide bidders. A $10.00 non-refundable fee is required for each set of -plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any Ar all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 22 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZI G THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE 2009 DURABLE PAVEMENT ARKING PROJECT. WHEREAS, of has submitted the lowest responsible bid of $ for construction of the above amed project. NOW, THEREFORE, BE IT RE LVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construct) n of the ab ve-named project is hereby awarded to ubject to the condition that awardee secure adequate performance and paymen bond, i surance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to si and the City Clerk to attest the contract for construction of the above-named pro' ct, subject to the condition that awardee secure adequate performance and payment ond, i surance certificates, and contract compliance program statements. 3. The City Engineer is authorized t execute chan a orders as they may become necessary in the construction of the above- amed project. Passed and approved this day of , 20 MAYOR Approv d by ATTEST: CITY CLERK It was moved by adopted, and upon roll AYES: there were: City Attorney's Office and seconded by NAYS: Champior Correia Hayek O'Donnell Wilburn Wright ABSENT: \ Bailey the Resolution be pweng/res/awrdcon-2009pavementmarking.doc ~~ ~~ Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 09-270 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2009 DURABLE PAVEMENT MARKING PROJECT. WHEREAS, DPLM, Inc. of Des Moines, Iowa, has submitted the lowest responsible bid of $187,211 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to DPLM, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 2Ath day of , 20 ng _ ,l ~ ~ ATTEST: i~~~ a ~-~/ CI LERK Approved by C/ ~CCC ~ ~i '~ ~ ~s~i~e~ City Attorney's Office 7 a y~J~ It was moved by Hayek and .seconded by 0' Donnell the Resolution be adopted, and upon roll call there. were: AYES: x ~- x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pwenglres/awrdcon-2009pavementmarking. doc