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Home My WebLink About1997-02-25 ResolutionCity of Iowa City MEMORANDUM Date: February 20, 1997 To: From: Re: The Honorable Mayor Naomi Novick and Members of the City Council Sarah E. Hoiecek, Assistant City Attorney ~ One-Eyed Jake's: Renewal of Liquor License and Dancing Permit As you know, One-Eyed Jake's has applied for a renewal of its liquor license and dancing permit for its business located on the second and third floors at 18-20 South Clinton Street. At the time of applying for renewal, the establishment did not meet the Uniform Fire Code (UFC) fire exit requirements. To comply with the UFC, the proprietor needed to submit approv- able plans addressing the exiting deficiencies and apply for a building permit. The owner submitted plans for an expansion of the business which added additional fire exits, however, due to a local ordinance regarding the location of liquor establishments above ground floor, and the non-compliance of the front entrance/exit with the Uniform Building Code (UBC), City staff recommended denial of the renewal for health, safety and welfare reasons. (See memorandum of January 24, 1997 attached). The business owner has now submitted plans which, with the exception of minor technical deficiencies which are being addressed, meet the requirements of the UFC and the UBC. While the submitted plans do include an expanded storage area, this area will not be utilized to increase the occupant load or expand the service area of the liquor establishment. Thus, the added storage area does not run afoul of the City's ordinance prohibiting liquor establish- ments above the ground floor or violate the UBC by expanding a use with non-conforming exits and stairs. If, however, an expansion of the service area was' proposed in the future, the establishment would need to comply with both the City ordinance for liquor establishment location and the UBC. Based on the submission of the approvable plans which include the required fire exits, staff is now recommending approval of the renewal of liquor and dancing permits for One-Eyed Jakes, for the life, health, safety and welfare concerns have been addressed. Additionally, it may have come to your attention that this business was recently involved in civil litigation under Iowa's Dram Shop law regarding the serving of liquor to an intoxicated party who later injured a family in a car crash. The litigation resulted in a $1.3 million judgment against the business. I wish to note that, under the guideline§ of the Iowa City City Code and Iowa Code Chapter 123, the end result of this civil litigation is not a basis Upon which the City may decide to approve or deny the renewal of the establishment's liquor and dancing permits. If you have any questions regarding this matter, please feel free to contact me, Senior Building Inspector Ron Boose, or Fire Marshall Roger Jensen. cc: Linda Newman Woito, City Attorney Steve Atkins, City Manager Andrew Rocca, Fire Chief Roger Jensen, Fire Marshall Marian Karr, City Clerk Ron Boose, Senior Building Inspector sarah\council\jakes. mmo 4,35 Date: To: From: Re~ City of Iowa City MEMORANDUM January 24, 1997 The Honorable Mayor Naomi Novick and Members of the City Council Sarah E. Holecek, Assistant City Attorney Dennis J. Mitchell, Assistant City Attorney One-Eyed Jake's: Non-Conformance with Uniform Fire Code and Recommended Denial of Liquor License (and Dancing Permit) One-Eyed Jake's has applied for a renewal of its liquor license and dancing permit for its business located on the second and third floors at 18-20 South Clinton Street. The current establishment does not meet the Uniform Fire Code fire exit requirements, and the proprietor has been on notice of this deficiency for over two years. The owner has now proposed an expansion of the business which does add additional fire exits; however, due to a local ordi- nance regarding the location of liquor establishments above ground floor, and the non-compli- ance of the front entrance/exit with the Uniform Building Code, City staff is recommending denial of this application for health, safety and welfare reasons. HISTORY: On December 12, 1994, Mike Porter, proprietor of One-Eyed Jakes, was notified by correspon- dence from Steve Stimmel, Iowa City Fire Department Inspector, that the building housing his business did not meet minimum requirements for exiting under the 1991 Uniform Fire Code adopted by the City on May 11, 1993. Under such Code, all buildings were to submit and obtain approval of plans for compliance within 18 months of the adoption of the Code, and "within 18 months thereafter the work shall be completed or the building shall be vacated until made to conform." Uniform Fire Code, Appendix I, (1991). However, as the owner was not notified of this deficiency until December 1994, it was agreed that he would be allowed 18 Months from December 1994 (until June 1996) to submit approvable plans, with the cautionary statement that he was not in compliance with the Fire Code, and that he may be liable for any deaths or injuries that may occur as a result of the lack of exits. Prior to the passage of that date, Mr. Porter was again notified and reminded of his obligations by the Iowa City Fire Marshall. Although structural sketches were submitted in June 1996, Mr. Porter was notified in July 1996 by the City Attorney's Office that the sketches which were submitted were incomplete and not approvable due to lack of a third floor exit, lack of internal floor plans for access to the pro- posed external exits as well as the lack of architect or engineer certification. Further, the owner was advised that he needed to apply for a building permit to establish whether the plans were approved under the Building and Fire Code requirements. Mr. Porter was further advised that due to the imminent life, health and safety issues presented by this matter, if steps for compli- ance were not submitted by August 25, 1996, a municipal infraction citation would issue and all legal remedies pursued. On August 26, 1996, another set of plans which included an expansion of the business premises as well as additional external exits were submitted and a building permit applied for. However, upon review, this set was found insufficient for lack of a site plan. On October 23, 1996 a site plan was submitted to complete the application, but due to the Owner's representa- tion that he would not be building in the near future the review of the application was given a lower priority. Upon review of the plans, it was determined that the expansion .of the business would not be allowed under Iowa City Code {}4-2-2, which prohibits the location of liquor establishments above the ground floor, but which "grandfathered" those establishments that had been licensed prior to 1980. After verbal notification of the requirement to submit certified approvable plans addressing the fire exit issue without expansion, and the upcoming expiration of his liquor license and City Staff's intention to recommend denial should these requirements not be met, Mr. Porter was further notified in writing of these requirements on December 9, 1996. While debating the issue of whether the proposed expansion would indeed be prohibited under City Code, after further review of the expansion plans, Mr. Porter was advised by the Building Official in early January 1997 that the front entrance to his establishment was insufficient to accommodate such an expansion under the Uniform Building Code. Thus, staff is recommend- ing denial of the of the requested renewal on the basis of life, health, safety and welfare issues due to the non-compliance with Uniform Fire Code exiting requirements. ANALYSIS: Under Iowa City Code Title 4, Chapter 2, Section 2, (4-2-2), "No liquor control license or beer permit shall be approved for premises which do not conform to all applicable laws, provisions of this Code and other ordinances, resolutions and health and fire regulations". Under Iowa City Code Title 4, Chapter 4, Section I(B), (4-4-1(B)), an application for a dancing permit shall contain "a statement form the Chief of Police, the Fire Chief and the Building Inspector that the premises comply with the ordinances of the City and statutes of the State." While the current premises comply with the Building Code, they do not comply with the Uniform Fire Code exiting requirements. Thus, the Iowa City Fire Department is recommending denial of the applications for failure to address Fire Code exiting requirements and the imminent life, health and safety issues such a deficiency presents. The applicant contends that the plans which include an expansion of the premises satisfy the Fire Code exiting requirements, and thus the applications should be approved. The establishm- ent was allowed under {}4-2-2(A) which states that the ground level provision, "shall not be applicable to establishments which were licensed prior to March 1, 1980." In addition to running afoul of Iowa City Code Section 4-2-2(A) on an "expansion of a non-conforming use" theory, the expansion is prohibited under the Uniform Building Code and the Uniform Fire Code, whose provisions are designed to ensure safety. While the proposed expansion plans include second and third floor external exits, the expansion would increase capacity by more than 100 patrons. The current front entrance to the business is less than 36" wide with steep risers; the Building Code requires 44" in width. The building also has a non-conforming stair configuration in that an open stair well penetrates more than one floor, requiring rescue and emergency personnel to leave the first set of stairs and locate a second to get to the third floor. Under the Uniform Building Code, an expansion of a building with non-conforming exits is impermissible. Further, the response and safety of the Fire Department is seriously jeopar- dized. Thus, neither the requirements of the Building Code nor the Fire Code are satisfied by the proposed expansion plans. In short, the Fire Department is seriously concerned regarding its ability to effectively rescue the patrons of the establishment. If you have any questions regarding this matter, please feel free to contact me, Dennis Mitchell, or Fire Chief Andrew Rocca. CC: Linda Newman Woito, City Attorney Steve Atkins, City Manager Andrew Rocca, Fire Chief Roger Jensen, Fire Marshall Marian Karr, City Clerk Ron Boose, Senior Building Inspector sarah\council~jakes,mmo RESOLUTION NO. 97-52 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: One-Eyed Jake's - 18-20 S. Clinton Street The Fieldhouse - 111E. College Street It was moved by Norton and seconded by as read be adopted, and upon roll callthere were: Vand~rhoef that the Resolution AYES: NAYS: ABSENT: X X X X X Passed and approved this 25th day of February Baker Kubby Lehman Norton Novick X Thornberry ¥anderhoef ,1997. ATTEST: ~'~.~,~ J CITY CLERK Approved by "~orney's Office \danceprm.res RESOLUTION NO. RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his fili~l~an application, having endorsed thereon the certificates of the proper city officials as to ha~/ing complied with all regulations and ordinances, and having a valid beer, liquor, or wine ~se/permit, to wit: One-Eyed Jake' - 18-20 S. Clinton Street It was moved by and as read be adopted, and upon roll calltherewer AYES: NAYS: ABSENT: Passed and approved tbi/s d~ay of / /, ATTEST;" :. CITY CLERK MAYOR Approved rc it~~v ~ttorney' that the Resolution Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ,19 Office \danceprm.res Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, iA 52240; 319-356-5144 RESOLUTION NO. 97-53 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARK ROAD STORM SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, 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 4th day of March, 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A copy of the plans, specifications, form of contract, and estimate of cost of 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 25th day of February , 1 997. ATTEST: CLERK Approved _by City Attorney's Office pweng\parkroad.res Resolution No. 97-53 Page 2 It was moved by Nnrtnn and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: ,X X X X X X Baker Kubb¥ Lehman Norton Novick X Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 97-54 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A FINANCING STATEMENT (UCC2) FOR THE PROPERTY LOCATED AT 3023 STANFORD AVENUE, IOWA CITY, IOWA · WHEREAS, on June 9, 1992 the property owners of 3023 Stanford Avenue executed a UCC2 Financing Statement for the purchase of an appliance through the City's Housing Rehabilitation Program; WHEREAS, this document created a lien against the property; and WHEREAS, the UCC2 was paid off on January 3, 1997. 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 3023 Stanford Avenue Street, Iowa City, Iowa from an obligation of the property owners to pay to the City the cost of the appliance which was recorded on June 9, 1992 in Book 1383, Page 307 of the Johnson County Recorder's Office. Passed and approved this 25th day of February , 1997. CITY CLERK City Attorney's Office ppdrehab\3023stan.res Resolution No. 97-54 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: X X X ,, X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 3023 Stanford Avenue, Iowa City, Iowa, and legally described as follows: Lot Fifty-six (56) in Oakwoods Addition, Part one, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, page 16, plat records of Johnson County, Iowa, from an obligation of the property owners, James and Melanie Roth, to the City of Iowa City a Financing Statement (UCC2) recorded on June 9, 1992 in Book 1383, Page 307 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. MAYOR ATTEST: ,~-~--) ~. 7~'~'~,~/' Appr~y .~ ~-~o~ CITY CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 25 day of ~-~f~,-,~ , A.D. 19 ~ , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick 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. 91-~( , adopted by the City Council on the Z5 ~ day ~/,~-~ , 19 q? and that the said Naomi J. Novick and Marian K. Karr as such offiders acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\3023stan.rel Notary Public in.and for Johnson County, Iowa Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 97-55 RESOLUTION APPROVING THE PRELIMINARY PLAT OF COURT PARK SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owner, MitchelI-Phipps Building and Design, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Court Park Subdivision; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Court Park Subdivision, Iowa City, Iowa, is hereby approved. 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 25th day of February ,1 997. ATTEST: ~.~.~ CITY CLERK ~ttorne, _/7 .... ~'~-~°'~? ~ ppdadmin\courtpk. res Resolution No. 97-55 Page It was moved by Lehman and seconded by adopted, and upon roll call there were: Baker AYES: NAYS: ABSENT: X X X Y the Resolution be Baker Kubby Lehman Norton Novick X Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: To: From: Re: February 21, 1997 City Council Scott Kugler, Associate Planner Court Park Subdivision When this subdivision was reviewed by the Planning and Zoning Commission at its February 6 meeting, one item of discussion was access along Court Street, an arterial street. Staff recommended that the 6 lots being proposed be required to have shared driveways due to difficult sight distance along the roadway and to minimize the number of access points along the arterial street. At the February 6 meeting, the applicant provided information to the Commission that indicated that adequate ,~ight distance could be achieved for driveways on each lot. The Commission recom~nended that each lot be allowed individual access as shown on the information submitted by the applicant, and that a turnaround be provided on Lot 5 to allow vehicles to enter~he street going forward rather than backing out. Staff has field checked the proposed driveway locations and has found them to be acceptable in terms of sight distance, but suggested the relocation of one driveway to maximize sight distance on that lot. The actual site distance measured for Lot 5 appears to exceed a number of the others, and therefore staff recommends that the requirement for the turnaround be removed. It appears that the turnaround would result in unecessary paving within the front yard of this lot. The plan~as been revised to show the optimum driveway locations for each lot, as the Commission intended. STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0001. Court Park Subdivision Preliminary Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: Prepared by: Scott Kugler Date: February 6, 1997 MitchelI-Phipps Building & Design 321 Kirkwood Ave. Iowa City, IA 52240 Phone: 351-6832 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Preliminary plat approval. To create a six-lot residential subdivision. 2729 E. Court Street 1.66 acres The property contains one single-family home, RS-5 North: East: South: West: Residential, RS-5; Court Hill Park, P; Residential, RS-5; Residential, RS-5. Residential, 2-8 DU/acre Chapter 14-7, Land Subdivisions January 16, 1997 March 2, 1997 BACKGROUND INFORMATION: The applicant, MitchelI-Phipps Building and Design, has submitted an application for preliminary plat approval of Court Park Subdivision, a proposed six-lot, 1.66 acre residential subdivision located at 2729 E. Court Street. The property contains one single-family residence that appears to be vacant. The building has been cited under the Dangerous Building Code. The applicant has indicated that the building will be removed. ANALYSIS: The proposed preliminary plat contains a number of technical deficiencies that need to be addressed before the Commission can consider the plat. Staff recommends deferral until these items are addressed. In addition, a Sensitive Areas Site Plan is required due to the presence of steep slopes on the property (over 18%). The Sensitive Areas Site Plan has been submitted, and will have to be approved prior to Council consideration of the plat. The site plan identifies some sloped areas on the property that exceed 25% and 40%, but there is not sufficient vertical rise in these areas to consider them as critical or protected slopes under the Sensitive Areas Ordinance. Lot Configuration/Access: The proposed plat includes six residential lots, all of which will front on Court Street, an arterial street. In an effort to minimize the number of access points, staff would not typically recommend a lot configuration along an arterial street as proposed. However, all of the surrounding property has previously been platted, leaving the subject parcel as a long narrow strip with no other alternatives for frontage other than Court Street. In addition, most of the other properties along Court Street in this area have been platted in a similar manner, and with direct access onto Court Street. Therefore, staff feels the proposed lot configuration is acceptable, but that it would be appropriate to minimize the number of access points to the extent possible. This could be accomplished by requiring shared access by adjacent lots. Although other subdivisions in the area have been approved in the past with individual drives onto Court Street, City policies have changed with regard to arterial streets, and there is a hill along Court Street as it passes in front of this property that restricts visibility. This could cause additional difficulties for those exiting driveways from some of the proposed lots (i.e., between Lots 4 and 5 as reported in the attached memo from Traffic Engineering Planner Doug Ripley) in addition to the difficulties typically experienced when attempting to back out onto an arterial street. Staff feels that this provides additional justification for limiting the number of access points for this subdivision. The applicant was made aware of staff's concerns and chose not to show access restrictions on the plat, but would apparently like to discuss this issue with the Commission. Sensitive Areas Ordinance: Approximately two-thirds of proposed Lot 6 is occupied by a wooded hillside that leads down to a stream corridor. The stream corridor is located within Court Hill Park, and drains into Ralston Creek to the south within the park. The applicant has indicated that the hillside contains slopes of less than 25% and therefore are considered to be steep slopes under the Sensitive Areas Ordinance. As noted above, a Sensitive Areas Site Plan is required. When steep slopes are present on a property, the Sensitive Areas Ordinance requires that existing vegetation be retained to the maximum extent possible. However, there is nothing in the ordinance that would prohibit grading of the full hillside. Staff is concerned about the 3 grading and loss of vegetation on this hillside and the impact that may have on the park and stream corridor, especially during construction when erosion control may be a problem. The Sensitive Areas plan should clearly indicate the grading limits on Lot 6, erosion control measures that will be taken, and to what extent the existing vegetation will be preserved. The Director of the Parks & Recreation Department has expressed an interest in the City purchasing Lot 6, or a portion of Lot 6, to be added to Court Hill Park. Some grading would be required along Court Street in association with the sidewalk and sanitary sewer construction, but the balance of the hillside would be protected if purchased by the City. The applicant has indicated he is willing to discuss this with the Parks & Recreation Director. Staff hopes to have more information on this issue at the February 3 informal or the February 6 formal meetings. Neighborhood Open Space: The Neighborhood Open Space Ordinance requires the dedication of .04 acres. Staff recommends that this property be dedicated at the eastern edge of the subdivision, which would result in an approximate 15 foot wide strip adjacent to Court Hill Park. While this is a rather minimal piece of property in terms of land area, it would result in the protection of a row of trees located near the property line. This, in combination with the retention of existing vegetation on as much of the hillside as possible, would help to minimize the impact of development activities on the park and stream corridor. The Parks and Recreation Commission will review this proposal prior to consideration by the City Council. Stormwater Management: Stormwater management is not required for this subdivision since it is less than 2 acres in size. However, the applicant is required to address the run off from the property so that there is no adverse impact on adjacent properties. Public Works is reviewing the solution proposed to address this problem, which includes providing a swale at the rear of some of ,the lots. Staff hopes to have more information on this item prior to the February 6 meeting. STAFF RECOMMENDATION: Staff recommends that SUB97-000!, a request for preliminary plat approval of Court Park Subdivision, a six-lot, 1.66 acre residential subdivision located at 2729 E. Court Street, be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends approval subject to the approval of a Sensitive Areas Site Plan prior to Council consideration of the plat, and subject to access restrictions along Court Street that would limit the number of access points and require shared driveways. DEFICIENCIES AND DISCREPANCIES: The information on the watermain on the north side of Court Street is not consistent with Public Works' records, which indicate that the main changes from a 6" to a 12" at the southeast corner of Lot 18, Linden Park Addition. The plat indicates that a 25 foot setback is required along Court Street, but 40 feet is required by City Code section 14-6Q-2A because Court is an arterial. The plat contains a note referring to section 14-6Q-A (presumably referring to 14-6Q-4A, since 14-6Q-A does not exist), and that a 25 foot setback is required by this section. This interpretation is not possible without information on existing setbacks on adjacent properties, which has not been provided. Calculating a requirement for a 25 foot setback under the provisions of section 14-6Q-4A is unlikely. This information should be corrected or removed from the plat. Building setbacks are not required to be shown on a plat, but if shown, the information should be accurate. 3. Existing utilities along Court Street should be shown on the plat. Public Works is reviewing plans to address drainage issues raised during the pre- preliminary plat review and other issues. Comments from Public Works on the latest submittal have not yet been received; Staff is recommending that shared driveways be required and that access restrictions be shown on the plat, along with a note restricting vehicular access to that shown on the plat. The applicant has not shown these restrictions on the plat. Grading limits on lot 6 should be shown. Existing vegetation along the hillside should be preserved to the extent possible and identified on the plat. ATTACHMENTS: 1. Location Map 2. Preliminary Plat 3. January 27 memo from Traffic Engineering Planner Doug Ripley Approved b K~in Franklin, Director D~partment of Planning and Community Development II s8~o 69'~ 'u'bs ¥~01 'A~O V~01 City of Iowa City MEMORANDUM Date: To: From: Re: January 27, 1997 Scott Kugler, Associate Planner Doug Ripley, Traffic Engineering Planner ~ Available Sight Distance on Court Street at Schrader Road Court Park Subdivision Preliminary Plat At your request, I have measured the available sight distances for Court Street at Schrader Road. Attached are the sight distance restrictions for your review. The sight distances are only approximate because I was unable to access the property along Court Avenue to get more accurate sight distance measurements. Also, since the actual location of driveways has not been determined, I took measurements at the property lines shown on the attached drawing. Except for two exceptions, the sight distance from the south side of Court Street appears to be adequate in both directions. However, large trees and shrubs may need to be removed to allow a clear vision triangle from the driveways. On the two exceptions, sight distance is restricted to the west by the crest of a hill on Court Street. I took measurements between Lots 4 and 5, and between Lots 5 and 6 because of restricted sight distance. The available sight distances are approximately 185 feet and 275 feet, respectively. The absolute minimum sight distance required is the distance it takes for a vehicle traveling on Court Street to stop on wet pavement if a vehicle were to back out of a driveway of this proposed development. I was unable to determine actual design speed of the roadway; however, since the speed limit is 25 mph and assuming traffic travels between 30-32 mph in this area, I was able to determine stopping distance. Using Table II1-1 of the AASHTO design standard, a minimum stopping distance is 225-250 feet. Using Table 111-2 of the AASHTO design standard and a rough calculation of a 3% grade from the plan, an additional 10 feet is needed to compensate for the grade. Combined, a total of 235-260 feet is needed to stop a passenger vehicle traveling 30- 32 mph along Court Street. I have attached the referenced tables for your review. As you can see from the attached drawing, between Lots 4 and 5, there may not be adequate stopping distance for vehicles on Court Street. This should be considered when locating driveways in this development. Once a tentative location of the. driveways is developed, it may be necessary to verify adequate stopping distance from each individual driveway. If you have any questions, please let me know. Attachments cc: Jeff Davidson Jw/court.dr Design Speed (mph) 2O 25 3O 4O 45 ~0 6~ 7O A~umed Speed for Condition (mph) 20-20 24-25 28-30 32-35 36-40 40-45 44-50 48-55 52-60 55-65 58-70 Braking Brake Reaction Coefficient Distance Time Distance of Friction on Level (sec) (it) f (ft) 2.5 73.3-73,3 0.40 33,3-33.3 2.5 88.0-91.7 0.38 50.5-54.8 2.5 102-7-110.0 0.35 74.7-85.7 2.5 117.3-128.3 0.34 100,4-120. l 2.5 132.0-146.7 0.32 135.0-166.7 2.5 146.7-165.0 0.31 172.0-217.7 2.5 161,3-183.3 0.30 215.1-277,8 2.5 176.0-201.7 0.30 256.0-336. I 2.5 190.7-220.0 0.29 310.8-413.8 2.5 201.7-238.3 0.29 347.7-483.6 2.5 212.7-256.7 0.28 400.5-583.3 Stopping Sight Distance Rounded Computed for Design (it) (it) 106.7-106.7 125-125 138.5-146.5 150-150 177,3-195.7 200-200 2 ! 7.7-248.4 225-250 267,0-313.3 275-325 318.7-382.7 325-400 376.4-461.1 400-475 432.0-537.8 450-550 501.5-633.8 525-650 549.4-724.0 550-725 613.1-840.0 625-850 Table II1-1. Stopping sight distance (wet pavements). Elements of Design 125 Increase for Downgrades Decrease for Upgrades Correction in Assumed Correction in Design Stopping Speed for Stopping Speed Distance (ft) Condition Distance (ft) (mph) 3% 6% 9% (mph) 3% 6% 9% 30 10 20 30 28 -- 10 20 40 20 40 70 36 l0 20 30 50 30 70 ~ 44 20 30 -- 60 50 110 ~ 52 30 50 ~ 65 60 130 -- 55 30 60 ~ 70 70 160 -- 58 40 70 -- Table 111-2. Effect of grade on stopping sight distance-- wet conditions. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Lehman introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE APPLICATION OF BOND PROCEEDS OF THE SERIES 1996 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. [1 to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the application of bond proceeds to the meeting to be held at o'clock _.M. on the day of ,1997, at this place. Council Member called and the vote was, Norton seconded the motion. The roll was AYES: Vanderhoef, Baker, Kubby, Lehman, Norton, Novick, ABSENT: Thornberry NAYS: None Whereupon, the Mayor declared the measure duly adopted. Res. No.97-56 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE APPLICATION OF BOND PROCEEDS OF THE SERIES 1996 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the application of bond proceeds of the Series 1996 General Obligation Bonds originally issued to provide funds to pay costs of improvements and extensions to the Municipal Waterworks Plant and System, to include payment of the costs of the construction, -12- / (0'70 reconstruction and repairing of bridges and street improvements and the construction, reconstruction, extension, improvement and equipping of works and facilities for the collection and disposal of surface waters and streams; and has considered the extent of objections received from residents or property owners as to said proposed application of bond proceeds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the application of bond proceeds of the Series 1996 General Obligation Bonds for the foregoing expanded essential corporate purpose. PASSED AND APPROVED this 25th day of Februar.v ,1997. Mayort ~d ATTEST: City Clerk PGOODRIC\73663\l\i 0714042 -13- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Norton introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESQLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $5,465,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. r-1 to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M. on the day of ,1997, at this place. . Council Member called and the vote was, Lehman seconded the motion. The roll was AYES: Baker, Kubby, Lehman, Norton, Novick, Vanderhoef ABSENT: Thornberry NAYS: None Whereupon, the Mayor declared the measure duly adopted. Res. No. 97-57 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $5,465,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $5,465,000 General Obligation Bonds for the essentialcorporate purpose of paying costs of the construction, reconstruction and repairing of bridges, street and public walkway improvements; the construction, reconstruction, extension, improvement and equipping of works and facilities for the collection and di~sposal of surface waters and streams; the rehabilitation and improvement of existing city parks; the reconstruction, -6- extension and improvement of the municipal airport and improvements, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $5,465,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 25th day of 1997. February , ATTEST: Mayor City Clerk -7- 1997 General Obligation Bond Issue G:\ CIP\ 97CIPGO.XLS 2/14/97 Project Description Dodge St.lACT/OId Dubuque Rd. Intersection Imp Foster Rd.-West of Dubuque Phase I thru Elks Melrose-Byington to Hawkins St Imp. 4 WillowSt.-Muscatine to Brookside 5 First Ave.-Bradford to Muscatine Foster Road Dubuque to Prairie 6 du Chien (ROW/Grading) 7 Willow Creek Trail 8 Gilbert St.-South-Storm Sewer 9 Highland Ave Storm Sewer IA Interstate RR-7th Ave to 1st 10 Ave.-Storm Sewer 11 Sandusky Storm Sewer 12 Shamrock/Peterson Storm Sewer 13 Kiwanis Park 14 Napoleon Park Renovation 15 South Soccer Field Complex 16 Sturgis Ferry Park Development 17 Airport-Master Plan Renovations 18 City Plaza Improvements 19 Melrose Ave Bridge Civic Center Roof projects: Lobby, Fire Training & Garage 20 and Council Chambers 21 Expand Station 3 Animal Shelter-Renovate Old 22 West Wing Library-Replace Roof, carpeting 23 and HVAC Subtotal Bond Issuance Costs Grand Total Original 1997 GO Bond Issue 350,000 400,000 500,000 175,000 324,000 700,000 92,500 575,000 676,000 613,000 460,200 180,000 300,000 200,000 115,000 296,307 315,000 800,000 73,000 84,000 t65,000 678,250 8,072,257 57,743 8,130,000 (1,655,000) 6,475,000 Revisions (350,000) (400,000) 368,000 (700,000) 275,000 50,000 (190,200) (453,250) (1,400,450) Round Up to I Adjusted 1997 GO Bond Issue 500,000 543,000 324,000 275,000 92,500 625,000 676.000 613.000 270.000 180.000 300.000 200.000 115.000 296.307 315,000 800,000 73,000 84,000 165,000 225,000 6,671,807 57,743 6,729,550 (1,655,000) 5,074,550 5,100,0001 Whereupon, Council Member Kubbv introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $685,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. El to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,1997, at this place. Council Member called and the vote was, Norton seconded the motion. The roll was AYES:' Kubbv, Lehman, Norton, Novick, Vanderhoef, Baker ABSENT: Thornberry 'l NAYS: None Whereupon, the Mayor declared the measure duly adopted. Res. No. 97-58 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $685,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $685,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the improvement and equipping of the library, including roof and carpet replacement and heating, ventilation and air-conditioning (HVAC) system, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: -8- 6?3. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $685,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared ~ such notice and sale information as may appear appropriate, to publish and distribute the same' on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 25th 1997. day of .February ATTEST: City Clerk -9- Whereupon, Council Member I ehman introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $325,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M. on the day of ,1997, at this place. Council Member called and the vote was, Kubby seconded the motion. The roll was AYES: Lehman, Norton, Novick, Vandal. hoof, Baker, Kubby ABSENT: Thornberry NAYS: None Whereupon, the Mayor declared the measure duly adopted. Res. No. 97-59 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $325,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $325,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the expansion of Fire Station #3, the renovation of the City's Animal Shelter and replacement of portions of the Civic Center roof, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereoff -10- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law. of not to exceed $325,000 General Obligation Bonds for the foregoing general corporate purpose. ,Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 1997. 25th day of February Mayor ATTEST: City Clerk -11- Prepared by: Susan K. Walsh, Deputy City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319)356-50z~1 RESOLUTION NO. 97-60 RESOLUTION RESCINDING PRIOR RESOLUTION NO. 97-30 AND IN LIEU THEREOF SETTING FEES AND CHARGES WITH RESPECT TO THE ADMINIS- TRATION OF REGULATIONS OF VEHICLES FOR HIRE, BY REDUCING THE MINIMUM LIABILITY LIMITS FOR PEDICABS AND HORSE-DRAWN VEHICLES. WHEREAS, Title 5, Chapter 2 of the City Code of the City of Iowa City, Iowa, established regulations for vehicles for hire and drivers operating such vehicles within the City of Iowa City; and WHEREAS, 5-2-3 provides that the applicant for a license must file a liability insurance policy in the office of the City Clerk, in a form approved by the City and with minimum limits as set by City Council resolution; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Prior Resolution No. 97-30 establishing certain fees and charges for vehicles for hire is hereby rescinded effective March 1, 1997, and this Resolution adopted and approved in lieu thereof. 2. The following fees are hereby established for vehicles for hire as follows: Processing a company application: $20.00 for a one-year period expiring March 1 unless suspended or revoked, with no refunds. Issuance or replacement of a decal: $40.00 each for a one-year period expiring March 1 unless suspended or revoked. If the City is notified by the insurance carrier of cancellation of insurance, the decal will be removed and returned to the City Clerk's office, with no refund. Issuance of driver's badge: $7.50 each driver for a one-year period, or the remaining period of Chauffeur's/Operator's License if under one year. d= Designation of a parking stand: $660.00 in CBD zone and $480.00 in outlying areas per year for each stand, expiring March 1. Said fee may be pro-rated on a quarterly basis. e. All such fees shall be effective March 1, 1997. The minimum limits for taxicab operator's liability insurance are to be quoted "individual" liability amounts, or in lieu thereof as a "combined" liability amount, said liability minimum amounts to be established at the following limits with a deductible Resolution No. 97-60 Page 2 .. not to exceed 9500, and shall also comply with all state and federal requirements if greater: a. "Individual" Liability Amounts 1) To cover the insured's liability for bodily injury or death of one person, as a result of one accident or other cause, Five Hundred Thousand Dollars (9500,0OO.00). 2) To cover the insured's liability for bodily injury or death of more than one person as a result of one accident or other cause, One Million Dollars (91,000,000.00). If the taxicab has more than ten seats, the insured's liability for bodily injury shall be Two Million Dollars (92,000,000.00). 3) To cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, One Hundred Thousand Dollars (9100,000.00). b. "Combined" Liability Amount To cover the insured's liability for bodily injury or death of one or more persons as a result of any one accident or other cause, and to cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, One Million Dollars ($1,000,000.00) combined. If the taxicab has more than ten seats, the insured's liability for bodily injury shall be Two Million Dollars (92,000,000.00). The minimum limits for pedicabs and horse-drawn vehicle operator's liability insurance are to be quoted as "individual" liability amounts, or in lieu thereof as a "combined" liability amount, said liability minimum amounts to be established at the following limits with a deductible not to exceed 9500, and shall also comply with all state and federal requirements if greater: a. "Individual" Liability Amounts 1) To cover the insured's liability for bodily injury or death of one person, as a result of one accident or other cause, Two Hundred Fifty Thousand Dollars (9250,000.00). 2) To cover the insured's liability for bodily injury or death of more than one person as a result of one accident or other cause, Two Hundred Fifty Thousand Dollars (9250,000.00). 3) To cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, One Hundred Thousand Dollars (9100,000.00). Resolution No. 97-60 Page 3 b. "Combined" Liability Amount To cover the insured's liability for bodily injury or death of one or more persons as a result of any one accident or other cause, and to cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, Two Hundred Fifty Thousand Dollars (9250,000.00) combined. Passed and approved this 25th day of Feb~'ua~'y , 1997. CITY CLERK MAYOR Ap~prov~e~d by City Attorney's Office clerkStaxicab. res Resolution No. 97-60 Page 4 It was moved by Norton and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Jim Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 (319)356-5~)44 RESOLUTION NO. 97-61 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY PARKING RAMP FACILITY UPGRADE PROJECT - CAPITOL AND DUBUQUE STREET PARKING RAMPS. WHEREAS, O. F. Paulson Construction has submitted the lowest responsible bid of $1 27,1 O0 for the 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 O. F. Paulson Construction subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the 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. Passed and approved this 25th day of February , 1 997. ATTEST: 2,~~ CITY CLERK MAYO R ~,~(,/~, City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\paulson,res ADVERTISEMENT FOR BIDS IOWA CITY PARKING RAMP FACILITY UPGRADE PROJECT - CAPITOL AND DUBUQUE STREET PARKING RAMPS Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 4th day of February, 1997, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 25th day of February, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: Wall graphics and painting, elevator lobby remodeling including new flooring, ceiling and lights. All work is to be done in strict compliance with the plans and specifications prepared by Shive- Hattery, Inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination 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 insuring 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 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 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 two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 60 Specified Start Date: March 18, 1997 Liquidated Damages: $200 per day The plans, specifications and proposed con- tract 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 Sh.ive-Hattery, Inc., Iowa City, Iowa, by bona fide bidders. A $25.00 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 Shive-Hattery, Inc. 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 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 Contract of the proposed subcontractors, together with quantifies, 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 within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with re- spect 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 Prepared by: Sarah E. Holecek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-3§6-5030 RESOLUTION NO. 97-62 RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, AN EASEMENT AND LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BY ST. MARY'S ROMAN CATHOLIC CHURCH FOR A PORTION OF THE LINN STREET RIGHT-OF-WAY BETWEEN JEFFERSON AND MARKET STREETS. WHEREAS, St. Mary's Roman Catholic Church is the fee owner of certain real estate located at 220 E. Jefferson Street, Iowa City, Iowa; and WHEREAS, St. Mary's Roman Catholic Church has experienced the loss of defective cement shingles from its rooftop at 220 E. Jefferson St., which, due to the pitch of the roof, causes a hazard to users of the Linn Street sidewalk immediately adjacent to the Church; and WHEREAS, St. Mary's Roman Catholic Church has requested the City to permit the temporary closure and use of a portion of the sidewalk and parking adjacent to the church on the west side of Linn Street between Jefferson Street and Market Street to ensure the safety of passing pedestrian traffic; and WHEREAS, St. Mary's Roman Catholic Church will be undertaking renovations and construction of a new roof on its facility located at 220 E. Jefferson Street to abate the dangerous condition; and WHEREAS, St. Mary's Roman Catholic Church's renovations and construction will take place adjacent to their property along the west edge of Linn Street, and St. Mary's Roman Catholic Church wishes to facilitate the safe execution of said renovation and construction and to secure passing pedestrian traffic from the area of falling debris to assure safe passage of such traffic; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public right of way; and WHEREAS, the Department of Public Works has reviewed the request for sidewalk closure and use of St. Mary's Roman Catholic Church and finds the temporary use of a portion of the Linn Street right-of-way for safety, renovation and construction activities to be a minimal intrusion into the public right-of-way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of pedestrian traffic in the area and is thus in the City's best interests; and WHEREAS, an easement and license agreement for the temporary closure and use of the Linn Street sidewalk and public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The terms and conditions contained in the Easement and License Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated herein is approved as to form and content. Resolution No. Page 2 97-62 The Mayor is authorized to execute, and the City Clerk to attest, the Easement and License Agreement for Temporary Use of Public Right-of-Way for and on behalf. of the City of Iowa City. Passed and approved this ?.Sth day of FebrL~ary , 1997. CIT'~-CLERK sarah\landuse\st maryrow. res MAYOR Resolution No. 97-62 Page 3 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X X X X the Resolution be Baker Kubby Lehman Norton Novick X Thornberry Vanderhoef EASEMENT AND LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND ST, MARY'S ROMAN CATHOLIC CHURCH OF IOWA CITY, IOWA, FOR A PORTION OF THE LINN STREET RIGHT-OF-WAY, IOWA CITY, IOWA This Easement Agreement is made by and between St. Mary's Roman Catholic Church, of Iowa City, Iowa, hereinafter also referred to as "Owner", and the City of Iowa City, Iowa, a municipal Corporation, hereinafter referred to as "City." WHEREAS, St. Mary's Roman Catholic Church of Iowa City, Iowa is the fee owner of certain real estate located at or near 220 E. Jefferson Street, Iowa City, Iowa; and WHEREAS, Owner has experienced the loss of cement shingles from its church rooftop at or near 220 E. Jefferson St., which, due to the pitch of the roof, causes a hazard to users of the Linn Street sidewalk immediately adjacent to the Church; and WHEREAS, Owner has requested the City to permit the temporary closure and use of a portion of the sidewalk and parking adjacent to the church on the west side of Linn Street between Jefferson Street and Market Street to ensure the safety of passing pedestrian traffic; and WHEREAS, Owner will be undertaking renovations and construction of a new roof on the church located at or near 220 E. Jefferson Street to abate the potentially dangerous condition; and WHEREAS, Owner's renovations and construction will take place adjacent to their property along the west edge of Linn Street, and Owner wishes to facilitate the safe execution of said renovation and construction and to secure passing pedestrian traffic from the area of falling debris to assure safe passage of such traffic; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public right of way; and WHEREAS, the Department of Public Works has reviewed the request for sidewalk closure and use of Owner and finds the temporary use of a portion of the Linn Street right-of-way for safety, renovation and construction activities to be a minimal intrusion into the public right-of- way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of pedestrian traffic in the area and is thus in the City's best interests; and WHEREAS, an easement and license agreement for the temporary closure and use of the Linn Street sidewalk and public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, in mutual consideration of the promises herein, St. Mary's Roman Catholic Church of Iowa City, Iowa and the City of Iowa City agree as follows: 2 .. Owner, St. Mary's Roman Catholic Church of Iowa City, Iowa, is the fee owner of certain real estate located at 220 E. Jefferson Street, Iowa City, Iowa, and Owner has been experiencing the loss of cement shingles from the Church rooftop at or near 220 E. Jefferson St., which, due. to the pitch of the roof, may cause a hazard to users of the Linn Street sidewalk immediately adjacent to the Church. Further, St. Mary's will be undertaking renovations and construction of a new roof on its facility located at 220 E. Jefferson Street to abate the potentially dangerous condition. In order to facilitate the safe execution of said renocation and construction, and to secure passing pedestrian traffic from the area of falling debris, Owner has requested the City permit the temporary closure and use of a portion of the sidewalk and parking adjacent to the church on the west side of Linn Street between Jefferson Street and Market Street. In consideration of the City's permission herein to temporarily close and use the portion of City sidewalk and parking adjacent to the church on the west side of Linn Street between Jefferson Street and Market Street until completion of the renovation and construction of 'a new roof on Owner's facilities, Owner agrees to secure the above- referenced sidewalk and parking and its construction site against pedestrian traffic by providing adequate pedestrian barriers such as construction fencing, and by providing adequate signage, thereby ensuring public pedestrian safety and a safe construction site. In consideration for Owner's promises. herein, the City agrees to allow Owner to temporarily close and use the portion of City sidewalk and parking adjacent to the church on the west side of Linn Street between Jefferson Street and Market Street until completion of the renovation and construction of a new roof on Owner's facilities. The Parties acknowledge that the closure and use of the portion of City sidewalk and parking will be done to minimize interference with pedestrian and vehicular traffic flow along the west side of Linn Street. In further consideration of the City's permission herein, Owner agr~ees to provide, keep in place, and maintain in good working condition certain barriers and signage necessary tO; a) route pedestrians. b) provide advance warning. c) provide for the orderly and predictable movement of pedestrian traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. St. Mary's Roman Catholic Church of Iowa City, Iowa agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and those of its contractors, subcontractors, agents, employees and assigns arising out of St. Mary's closure and use of the public right of way under this easement and license agreement, specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Owner to temporarily close and use the sidewalk and parking adjacent to their o property along Linn Street, all as described herein. St. Mary's Roman Catholic Church of Iowa City, Iowa further agrees to carry Class II liability insurance in the amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Owner shall further furnish a certificate of insurance of said valid insurance coverage, which certificate must be satisfactory to the City. After the Owner's roof renovation and construction is complete, Owner agrees to restore any and all portions of the west Linn Street sidewalk and parking to their pre-construction condition, to the City's complete satisfaction. With respect to this Temporary License and Easement for use of public right-of-way and the temporary closure of the Linn Street sidewalk, City and St. Mary's Roman Catholic Church agree this Temporary License and Easement shall be in effect beginning February 25, 1997, and ending upon substantial completion of the work, but no later than August 1, 1997. Notwithstanding the above, Owner agrees to cease and desist its temporary use and closure of the sidewalk and parking and to remove any and all obstructions from said right-of-way when any one of the following events occurs: A breach of this easement and license agreement; The use of the property changes and/or the temporary use of the public right-of-way is no longer needed or appropriate, as determined by the City; Within thirty (30) calendar days after the City gives written notice of removal to Owner. If Owner fails to remove any obstructions, barricades or signage from the public right- of-way and restore the same as required in this paragraph or in paragraph 6 above, the City may' remove the obstructions, barricade or signage, and restore the right-of way and parking, and the cost thereof shall be billed to St. Mary's Roman Catholic Church for payment to City. If. Owner fails to pay said billing within thirty (30) days from the date of billing, the removal and restoration costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (1995). Owner acknowledges and agrees that no property right is conferred by this grant of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of-way for private purposes; and, notwithstanding paragraphs six (6) and seven (7), that the City may order the said temporary use terminated at any time if, for any reason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions, as provided by State law. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 4 Dated this z5 day of , 1997. CITY OF IOWA CITY, IOWA Nao~ni J. r~vio~k, Mayor Marian K. Karr, City Clerk Approved by: ST. MARY'S ROMAN CATHOLIC CHURCH, OF IOWA CITY, IOWA By Bishop William Franklin, President By Rev. Kenneth E. Kur~t~, S~Xc, re)tary STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Z~ day of ~"~[~¢qo~r.~l, , 19 q? , before me, So~,d~-c~e_, , a Not~'ry Public in and for the State of Iowa, personally appeared Naomi J. Novick 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. ~-/07. passed by the City Council, on the ?$ ~/~ day of }~"~_S,~-, ,19 .q ~ , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 5 STATE OF IOWA ) ) SS: SCOTT COUNTY ) On this ~'/~-day of ,_~/~-z~,-_~.~ , A.D. 19);-;7, before me, the undersigned, a Notary Public in and for the State of Iow~, personally appeared Bishop William Franklin, to me personally known, who, being by me duly sworn, did say that he is the President of St. Mary's Roman Catholic Church of Iowa City, Iowa, the non-profit corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Bishop William Franklin as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~'/~ day of ~'~,'~ , A.D. 19'7~ , before me, the undersigned, a Notary Public in and for the State of Iowa, personally ap~-ared Rev. Kenneth E. Kuntz, to me personally known, who, being by me duly sworn, did say that he is the Secretary of St. Mary's Roman Catholic Church of Iowa City, Iowa, the non-profit corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Rev. Kenneth E. Kuntz as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. Notary Public in anchor th .~tate of Iowa sarah\landuse~st ma~-ys. agr This Ease~r~r~,~nt Agreement is m,a, de by and between St. Mary's R hereinafter ~,~so referred to as Owner", and the City of Iowa Corporation, .~reinafter referred to as "City." EASEMENT AND LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND ST. MARY'S ROMAN CATHOLIC CHURCH FOR A PORTION OF THE LINN STREET RIGHT-OF-WAY, IOWA CITY, IOWA Catholic Church, Iowa, a municipal WHEREAS, St. ary's Roman Catholic Church is the fee owr at 220 E. Jeffers Street, Iowa City, Iowa; and of certain real estate located WHEREAS, St. shingles from its a hazard to users of s Roman Catholic Church has exp~ p at 220 E. Jefferson St., whi¢ Linn Street sidewalk the loss of defective cement due to the pitch of the roof, causes adjacent to the Church; and WHEREAS, St. Mary's closure and use of a side of Linn Street passing pedestrian traffic; ~n Catholic Church ~f the sidewalk and efferson Street uested the City to permit the temporary adjacent to the church on the west Market Street to ensure the safety of WHEREAS, St. Mary's Roman construction of a new roof on its dangerous condition; and will be undertaking renovations and at 220 E. Jefferson Street to abate the WHEREAS, St. Mary's Roman :h's renovations and construction will take place adjacent to their property along the of Linn Street, and St. Mary's Roman Catholic Church wishes to facilitate the safi ,%of said renovation and construction and to secure passing pedestrian traffic fr~ the area of~ng debris to assure safe passage of such traffic; and WHEREAS, the City of Iowa Iowa, is responsible\for the care, supervision, and control of public right of way; and ~ WHEREAS, the Department o' ublic Works has reviewed'~.be request for sidewalk closure and \ use of St. Mary's Roman Cat olic Church and finds the tem'l~orary use of a portion of the Linn Street right-of-way for safer , renovation and construction a'¢tivities to be a minimal intrusion into the public right-of-w~ that pedestrian and vehicula~ traffic will not be materially impeded, and that such ck will ensure safe passage of pedestrian traffic in the area and is thus in the City's best !terests; and WHEREAS, an easement and license agreement for the temporary closure and use of the Linn Street sidewalk and publinc right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, in mutual consideration of the promises herein, St. Mary's Roman Catholic Church and the City of Iowa City agree as follows: 2 o Owner, St. Mary's Roman Catholic Church, is the fee owner of certain real estate located at 220 E. Jefferson Street, Iowa City, Iowa, and St. Mary's Roman Catholic Church has been experiencing the loss of defective cement shingles from its rooftop at 220 E. Jefferson St., which, due to the pitch of the roof, causes a hazard to users of the Linn Street sidewalk immediately adjacent to the Church. Further Mary's will be undertaking renovations and construction of a new roof on its located at 220 E. Jefferson Street to abate the dangerous condition. In orde~ o facilitate the safe execution of said renovation and construction, and to secure pedestrian traffic from the area of falling debris, Owner has requested City permit the temporary closure and use of a portion of the sidewalk and p dng adjacent to the church on the west side of Linn Street between Jefferson and Market Street. In consideration of the City's permission herein to temporar of City sidewalk and parking adjacent to the church on between Jefferson and Market Street until construction of a new of on St. Mary's Roman Cath~ Roman Catholic .rees to secure the above and its construction site lainst pedestrian barriers such as n fencing, and by ensuring public safety and ~afe construction close and use the portion ~e west side of Linn Street of the renovation and Church facilities, St. Mary's sidewalk and parking providing adequate pedestrian adequate signage, thereby In consideration for St. Mar' agrees to allow St. Mary's portion of City sidewalk and Street between Jefferson Street a~ and construction of a new roof on Parties acknowledge that the clos~ parking will be done to minimize inter' along the west side of Linn Street. Roman Church's promises herein, the City Catholic to temporarily close and use the to the church on the west side of Linn Street until completion of the renovation lary's Roman Catholic Church facilities. The and use of the portion of City sidewalk and ;nce with pedestrian and vehicular traffic flow In further consideration of the Church agrees to provide, in place, certain barriers and signage n~ to: ~ission herein, St. Mary's Roman Catholic and maintain in good working condition a) route pedestrians. b) provide advance warnit c) provide for the orderl' and predictable ~t of pedestrian traffic. All signage shall be in with the Federal ~way Administration Manual on Uniform Traffic Cont~ ,I Devices. St. Mary's Roman Church agrees to indemni~,defend and hold the City harmless against a~ and all claims for bodily injury, death b[ property damage arising out of its actions a d those of its contractors, subcontractors'; agents, employees and assigns arising ~f St. Mary's closure and use of the public right of way under this easement and license agreement, specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow St. Mary's Roman Catholic Church to temporarily close and use the sidewalk and parking adjacent to their property along Linn Street, all as described herein. St. Mary's Roman Catholic Church further agrees to carry Class II liability insurance in the amounts of 9500,000 each occurrence, 91 million aggregate bodily injury, and 9250,000 aggregate property damage with contractual liability coverage included. St. Mary's Roman Catholic Church shall further furnish a certificate of insurance said valid insurance coverage, which certificate must be satisfactory to the Cit' After the St. Mary's Roman Catholic Church roof renovation construction is complete, St. Mary's Roman Catholic Church agrees to restore a~ and all portions of the west Linn Street sidewalk and parking to their pre-constru condition, to the City's complete satisfaction. With respect to this Temporar .icerise and Easement for use of public right-of-way and the temporary closure of Linn Street sidewalk, City and St. Mary's Roman Catholic Church agree th Temporary License and Easement shall be 'L~.effect beginning January 28, 1997, ending upon substantial completion of the w*~r~k, but no later than August 1, 1 Notwithstanding the desist its temporary use and all obstructions from Occurs~ St. Mary's Roman ~d closure of the sidew~ ~id right-of-way wh~ Church agrees to cease and and parking and to remove any any one of the following events A breach of this easement and cense agreer ~nt; The use of the property changes is no longer needed or appropriate, use of the public right-of-way by the City; Within thirty (30) calendar days afte~ Mary's Roman Catholic Church. City gives written notice of removal to St. If St. Mary's Roman Catholic Churc to remove any obstructions, barricades or signage from the public in this paragraph or in paragraph 6 above, the City may remove~.~h~ Is, barricade or signage, and the cost thereof shall be billed to St. Mar' Roman olic Church for payment to City. Upon St. Mary's Roman Catholic Chu~ failure to said billing, the removal costs shall be certified to Johnson ~s a statutory .and assessed against the property and collected in the same mal ,r as a property tax,~s provided in Section 364.12(2)- (e), Iow~ Code (1995). / ~ St. Mary s Roman Catholic/C 'ch acknowledges and a~rees that no property right is conferred by this grant of ~ ;,sion to use the public. righ~f-way; that the City is not empowered to grant a I ~.rm ,nt use of its right-of-way ~r private purposes; and, notwithstanding paragr~ ~hs six (6) and seven (7), that the ~ty may order the said temporary use terminal :1 at any time if, for any reason, the C~,y Council determines that the property is neded for a public use and should be cleared of any and all obstructions, as provi, ed by State law. 4 This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Dated this day of , 1997, CITY OF IOWA CITY, IOWA ST. MARY'S CATHOLIC CHURCH By Naomi J. Novick, Mayor,~ Attest: Marian K. Karr, City Clerk~. Approved by: By Name ? STATE OFIOWA ) )SS: JOHNSON COUNTY) On this day of Notary Public in and appeared Naomi J. Novick a'nd Marian K. Karr, to me per,, me duly sworn, did say that they are the Mayor and y Iowa City, Iowa; that the S'eal affixed to the foregoing corporation, and that the.'instrument was signed and sealed , before me, )r the State of Iowa, personally known, and, who, being by respectively, of the City of ;nt is the corporate seal of the xbehalf of the corporation, by authority of its City Cou~'cil, as contained in Resolution No. ~ passed by the City Council, on the / day of ,19 ~,and that Naomi J. Novick and Marian K. Karr ack/nowledged the execution of the instrument t,,o. be their voluntary act and deed and the vol~htary act and deed of the corporation, by it vo~l,untarily executed. NotaiPublic in and for the State of Iowa STATE OF IOWA ) · ) SS: JOHNSON COUNTY ) /Z//' On this day of , A.D. 19 ., before m~ the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~ and , to me personally known, who, being/by me duly sworn, did say that they are the ~. and .Z/ . , re.s.p. ectively, of St. Mary's Roman Catholic Church, ~.b~e non-profit corporation exec,~rEing the within and foregoing instrument, that said instrument v~,~s signed on behalf of said/corporation by authority of its Board of Directors; and that the sai~l\ ~)~'d as such officers acknowledged the execution 'o~f said instrument t~be the voluntary act and deed of said corporation, by it and by them voli~ntarily executec~; sarah\landuse~st marys.agr Notary Public in and for the ,~tate o/f / /