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Home My WebLink About1998-02-24 ResolutionRESOLUTION NO. 98-54 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: The Fieldhouse - 111E. College Street It was moved by Thornberry and seconded by as read be adopted, and upon roll callthere were: Norton that the Resolution AYES: NAYS' ABSENT: Champion Kubby Lehman Norton _ O'Donnell Thornberry Vanderhoef Passed and approved this 24th day of February , 19 98 . ATTEST: ~~ ~. -~~ CITY CLERK A~.~oved by City Attorney's Office a\danceprm.res Prepared by Dennis Mitchell, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240, 356-5130 RESOLUTION NO. 98-55 RESOLUTION SETTING A PUBLIC HEARING FOR MARCH 10, 1998 ON A LONG-TERM DEER MANAGEMENT PLAN FOR IOWA CITY. WHEREAS, the Natural Resources Commission has approved the use of sharpshooting and trap and kill as methods to lethally reduce the deer population in Iowa City, subject to Iowa City developing an acceptable long-term management plan for the maintenance of reduced deer numbers; and WHEREAS, the Iowa City/Coralville Deer Management Committee will meet to discuss specific language for a long-term management plan and will make a recommendation to the City Council; and WHEREAS, it would be in the public interest to hold a public hearing on the plan prior to its adoption by the City Council. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing on a long-term management for the maintenance of reduced deer herds in Iowa City be set for March 10, 1998, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 24th CITY CLERK day of Febr'uar.y , 1998. City Attorney's Office Resolution No. 98-55 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, (319) 356-5030 RESOLUTION NO. 98-56 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO A LIMITED RELEASE AGREEMENT CONCERNING THE CONSTRUCTION OF PUBLIC WALKWAYS/TRAILS ON OUTLOT "B", WINDSOR RIDGE PART VII WHEREAS, the Subdivider's Agreement for Windsor Ridge Subdivision Part Seven obligates the Developer to construct public walkways/trails in Outlot "B" within the development; and WHEREAS, in December, 1994, the City and Developer entered into a Limited Release Agreement for the Developer's obligations for public walkways/trails in Outlot "B" for Parts One, Two, and Four, which obligations are secured by an irrevocable letter of credit; and WHEREAS, a lien remains on the above lots of Windsor Ridge Part Seven with a cloud on the titles to all lots in said development; and WHEREAS, the funds escrowed under the above-described Limited Release Agreement are sufficient to cover the developer's walkway requirements for Windsor Ridge, Part Seven; and WHEREAS, the parties desire to amend the above-described Limited Release Agreement to transfer the City's real estate lien for the construction and installation of public trails/walkways on Outlot "B" for Windsor Ridge, Part Seven, to the funds placed in escrow and referenced in said agreement to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to execute the Amendment to Limited Release Agreement for Windsor Ridge, Part Seven in order to protect local property values. The Council finds that transferring the real estate liens to the irrevocable letter of credit drawn to the benefit of the City of Iowa City is reasonable under the circumstances and protects the City's interests. The Mayor is hereby authorized to execute and the City Clerk to attest the Amendment to Limited Release Agreement. The City Clerk is further authorized and directed to certify a copy of this resolution and to record the same along with the agreement in the Johnson County Recorder's Office at Arlington L.C.'s expense. Resolution No. 98-56 Page 2 Upon certification from the City Engineer that construction of the walkways/trails has been satisfactorily completed, the Mayor and City Clerk are authorized to execute a final release of the walkway/trail obligations for Windsor Ridge Part Seven for recordation in the office of the Johnson County Recorder. It was moved by Thornberry and seconded by be adopted, and upon roll call there were: Norton the Resolution AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thomberry X Vanderhoef Passed and approved this 24th day of February MAYOR , 1998. ATTEST: Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5050 RESOLUTION NO. 98-57_ RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LIMITED RELEASE/ESCROW AGREEMENT AND AGREEMENT FOR INTERIM FIRE PROTECTION FOR PUBLIC IMPROVEMENTS IN W.B. DEVELOPMENT, IOWA CITY, IOWA WHEREAS, pursuant to Title 14, Chapter 7, "Land Subdivisions", of the Iowa City City Code, approval was obtained on the final subdivision plat of the development known as W.B. Development, Iowa City, Iowa, hereinafter referred to as "Development"; and WHEREAS, pursuant to the original Subdivider's Agreement between the original Subdivider and City, as well as the City Code, Development on Lot 8 of W.B. Development was prohibited until such time as Naples Avenue was paved to the south property line of said Lot 8; and WHEREAS, Maxwell Development Company, L.C. has requested that the requirement for completion of the paving prior to the issuance of a building permit for Lot 8 be amended to allow construction to proceed dudng a time when, due to current weather conditions, paving is impracticable; and WHEREAS, the Developer agrees to ensure the satisfactory completion of said paving by depositing with the City, in escrow by letter of credit, a sum sufficient to cover the costs of said paving, and to execute an agreement providing that the City may use such escrow by letter of credit to complete said paving should the Developer fail to accomplish said paving requirement; and WHEREAS, in order to facilitate and ensure the satisfactory completion of the required paving, the Parties also agree to create a lien which shall immediately attach to the paving escrow on deposit with the City of Iowa City for Lot 8, W.B. Development, such escrow to be in the amount of $83,075.83, and that this lien shall remain attached to this escrow until such time as, in the opinion of the City Engineer, the paving requirement been completed; and WHEREAS, Developer wishes to immediately construct a warehouse in the subdivision, and due to the fact that Naples Avenue has not been paved to the south property line of Lot 8, watermain has not been installed in the area of Lot 8 such that a fire hydrant is proximately located to Lot 8. As the nearest fire hydrant is approximately 800 feet away from Lot 8, and Naples Avenue is not paved to the south property line of Lot 8, fire protection and response by the City of Iowa City is rendered difficult if not impossible; and WHEREAS, Developer and City further wish to execute an agreement wherein Developer agrees to hold the City harmless from any and all liability which may arise from Developer's request and election to proceed with construction of the warehouse on Lot 8, W.B. Resolution No. 98-57 Page 2 Development prior to the availability of City water and paved access. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to execute the Limited Release/Escrow Agreement and Agreement for Interim Fire Protection for W.B. Development, in order to allow construction to proceed while protecting the City's interests. The Council finds that transferring the real estate lien to the escrow account and to engage in an Agreement for Interim Fire Protection is reasonable under the circumstances and protects the City's interests. o The Mayor is hereby authorized to execute and the City Clerk to attest the Limited Release/Escrow Agreement and Agreement for Intedm Fire Protection, copies of which are attached hereto. The City Clerk is further directed to record the Limited Release Agreement in the Johnson County Recorder's Office at Developer's expense. Upon certification from the City Engineer that construction of the public improvements is satisfactorily completed to City specifications, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorder's Office. It was moved by Thornberry and seconded by be adopted, and upon roll call there were: Norton the Resolution AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thomberry X Vanderhoef Passed and approved this 24th day of February MAYOR , 1998. sarahh\landuse\escrow. res CITY CLERK Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 LIMITED RELEASE/ESCROW AGREEMENT FOR PUBLIC IMPROVEMENTS This Agreement is made by and between Maxwell Development Company, L.C., and Iowa Limited Liability Company, hereinafter referred to as "Developer," and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." WHEREAS, pursuant to Title 1 4, Chapter 7, "Land Subdivisions", of the Iowa City City Code, approval was obtained on the final subdivision plat of the development known as W.B. Development, Iowa City, Iowa, hereinafter referred to as "Development"; and WHEREAS, pursuant to the original Subdivider's Agreement between the original Subdivider and City, as well as the City Code, Development on Lot 8 of W.B. Development was prohibited until such time as Naples Avenue was paved to the south property line of said Lot 8; and WHEREAS, Maxwell Development Company, L.C. has requested that the requirement for completion of the paving prior to the issuance of a building permit for Lot 8 be amended to allow construction to proceed during a time when, due to current weather conditions, paving is impracticable; and WHEREAS, the Developer agrees to ensure the satisfactory completion of said paving by depositing with the City, in escrow by letter of credit, a sum sufficient to cover the costs of said paving, and to execute an agreement providing that the City may use such escrow by letter of credit to complete said paving should the Developer fail to accomplish said paving requirement; and WHEREAS, in order to facilitate and ensure the satisfactory completion of the required paving, the Parties also agree to create a lien which shall immediately attach to the paving escrow on deposit with the City of Iowa City for Lot 8, W.B. Development, such escrow to be in the amount of 883,075.83, and that this lien shall remain attached to this escrow until such time as, in the opinion of the City Engineer, the paving requirement been completed. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: Developer acknowledges that, pursuant to Title 14, Chapter 7, "Land Subdivisions", of the Iowa City City Code, a final subdivision plat has been submitted and approved for the development known as W.B. Development, Iowa City, Iowa. Pursuant to section 8 of the original Subdivideds Agreement between the original Subdivider and City for said development, development on Lot 8 of W.B. Development was prohibited until such time as Naples Avenue was paved to the south property line of Lot 8. The Parties hereto acknowledge that Maxwell Development Company, L.C. has requested that the requirement for completion of the paving prior to the issuance of a building permit for Lot 8 be amended to allow construction to proceed during a time when, due to current weather conditions, paving is impracticable. Further, Developer acknowledges and agrees that the requirement and retention of an escrow is a reasonable method to ensure completion of the paving requirement associated with Lot 8, W.B. Development, and Developer agrees to execute an agreement providing that the City may use such escrow to complete said paving should the Developer fail to accomplish the paving requirement o Developer and City acknowledge and agree that the completion of the requirement to pave Naples Avenue to the south property line of Lot 8, W.B. Development (hereinafter "improvements") is hereby guaranteed by a Letter of Credit for the sum of $83,075.83 (hereinafter "improvements escrow") payable to the City of Iowa City upon failure of the Developer to complete the paving requirement. Said Letter of Credit is currently on deposit with the City of Iowa City, Iowa finance department, and said Letter of Credit shall not bear interest payable to the Developer. The above referenced improvements shall be made in accordance with the City- approved final plat in accordance with applicable City specifications, and shall be certified by the City Engineer. .. The above-referenced improvements shall be completed December 31, 1998, and the failure of the Developer to timely complete said improvements within the above time period may be considered a default by the City under the terms of this agreement and the Letter of Credit, and the City may then draw of said Letter of Credit for completion of the required improvements. In the event the Developer defaults in making the above-referenced improvements for which the improvements escrow has been deposited, or in the event the Developer fails to complete the above-referenced improvements within the December 31, 1998 time period, the City shall have the right, but not the obligation, to draw on the Letter of Credit, to complete the improvements through contract or otherwise. This includes the specific right to enter upon the subject property to make the improvements. If the improvements escrow is not sufficient to allow the City to complete the required improvements, the Developer shall be required to pay the City the amount by which the cost of completing the improvements exceeds the amount of the improvements escrow deposited. Should the City use the improvements escrow or a portion thereof the complete the required improvements, any amounts remaining after completion shall be applied first to the City's administrative costs in completing the improvements, with any balance remaining being refunded to the Developer. Nothing in this Agreement shall be construed to impose any requirement on the City to install the original improvements at issue herein. Further, the remedies outlined in this agreement are non-exclusive, and shall not be construed to restrict, abridge or limit those additional remedies available to the City as provided by law. The parties acknowledge and agree that this agreement is being entered into in consideration of the City's amendment and release of the original requirement that development of Lot 8 W.B. Development be prohibited until such time a Naples Avenue is paved to the south property line of said Lot 8, as provided in section 8 of the original Subdivider's Agreement for W.B. Development, as recorded in Book 2025, Pages 42-49, Johnson County Recorder's Office. This Limited Release/Escrow Agreement shall not be construed as a release of any of the original Subdivider's obligations under said Subdivider's Agreement or other covenants and agreements, which obligations shall remain the responsibility of said Subdivider and its successors until finally released by the City. Nor shall this Limited Release/Escrow Agreement in any way alter, amend or modify the Subdivider's Agreement recorded in the Johnson County Recorder's Office in Book 2025, Pages 42-49, except as provided in this agreement. 7. The provisions of this Agreement shall inure to the benefit of and bind the parties, their successors and assigns. Dated this ~ day of February, 1998 MAXWELL DEVELOPMENT COMyY, L.C. Ernie Lehman, Mayor Attest: K.~rr, City Clerk Marian STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this _~_ day of February, 1998, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jeff Maxwell, to me personally known, who being by me duly sworn did say that he is tt~ /)._ ~f~ of the above-named limited liability company executing the within and foregoing instrument, that no seal has been procured by the company; that said instrument was signed on behalf of said limited liability company by authority of its managers; and that the said Jeff Maxwell as such officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said limited liability corporation, by it and by him voluntarily executed. /f. of Iowa Notary Publi~ in an' d~~for t State STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ANNE ROWLEY My C~mmiss~on .~res On this ~,~*~t-day of February, 1998, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Ernie Lehman 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 foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the said Ernie Lehman and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. g:\ . . legal\sarah\landuse\escrow.agr Notary Public in and for the State of Iowa Prepared by: Sarah E. Holecek, First Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030 AGREEMENT FOR INTERIM FIRE PROTECTION This Agreement is made by and between Maxwell Development Company, L.C., and Iowa Limited Liability Company, hereinafter referred to as "Developer," and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: Developer acknowledges that, pursuant to Title 14, Chapter 7, "Land Subdivisions", of the Iowa City City Code, a final subdivision plat has been submitted and approved for the development known as W.B. Development, Iowa City, Iowa. Maxwell Development Company, L.C. is the owner of Lot 8, W.B. Development. Developer and City acknowledge that Developer wishes to construct a warehouse on said Lot in the subdivision. Developer and City further acknowledge that, due to the fact that Naples Avenue has not been paved to the south property line of Lot 8, watermain has not been installed in the area of Lot 8 such that a fire hydrant is proximately located to Lot 8. As the nearest fire hydrant is approximately 800 feet away from Lot 8, and Naples Avenue is not paved to the south property line of Lot 8, fire protection and response by the City of Iowa City is rendered difficult if not impossible. Developer and City .further acknowledge that, as the subject of another agreement, City has amended the requirement to install said paving and water main prior to construction on Lot 8 per Developer's request. As a result of the difficulty or impossibility of fire protection for Lot 8, W.B. Development by the City of Iowa City, Developer agrees to hold the City harmless from any and all liability which may arise from Developer's request and election to proceed with construction of the warehouse on Lot 8, W.B. Development prior to the availability of City water and paved access, including but not limited to any delay in fire-fighting response by the City, or any lack of fire-fighting capacity. In consideration for the promises herein, City agrees to issue a building permit for Lot 8, W.B. Development for said warehouse. The provisions of paragraph 3 of this agreement shall terminate at such time as the paving of Naples Avenue to the south property line of Lot 8, W.B. Development is completed and the required water main installed in the area of Lot 8, such that a fire hydrant is proximately located to Lot 8. Dated this ~day of February, 1998 MAXWELL DEVELOPMENT COMPAN.Y, L.C. CITY O~/~I~WA ,~,TY, Ernie Lehman, Mayor Approved by: Attest: K.~arr, City Clerk Marian Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5138 RESOLUTION NO. 98-58 RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, FEE SIMPLE, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE AND DRAINAGE CORRIDOR. WHEREAS, the City of Iowa City desires to construct the South Sycamore Regional Greenspace and Drainage Corridor Project ("Project"); and WHEREAS, right-of-way, fee simple, permanent easement, and temporary construction easement acquisitions are necessary for drainage improvements, woodland and wetland mitigation, utility and trail access, parkway embankment, parkway construction and project construction access for the project; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under state and federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City's Consultant, MMS Consultants, Inc. has determined the location of the proposed improvements; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit claim deed and/or easement for the construction of the South Sycamore Regional Greenspace and Drainage Corridor Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. City staff is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit claim deed and/or easement for the construction, operation and maintenance of the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest warranty deeds, quit claim deeds and/or easement agreements for recordation in the Johnson County Recorder's Office, at City's expense. The City Resolution No. 98-58 Page 2 Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. ,, In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 24th day of Februar~v ,1998. ATTEST: C ITY~ ~' -z~ It was moved by Thornbe~r.v and seconded by adopted, and upon roll call there were: City Attorney's Office Norton the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng/res/sycamore.doc Prepared by.' Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5138 RESOLUTION NO. 98-59 RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, FEE SIMPLE, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE SOUTHGATE AVENUE EXTENSION AND WATERFRONT DRIVE IMPROVEMENTS. WHEREAS, the City of Iowa City desires to construct the Southgate Avenue Extension and Waterfront Drive Improvements Project ("Project"); and WHEREAS, right-of-way, fee simple, permanent easement, and temporary construction easement acquisitions are necessary for drainage improvements, utility construction and location and roadway construction access for the project; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under state and federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the Public Works/Engineering Department has determined the location of the proposed improvements; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit claim deed and/or easement for the construction of the Southgate Avenue Extension and Waterfront Drive Improvements Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. City staff is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit claim deed and/or easement for the construction, operation and maintenance of the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest warranty deeds, quit claim deeds and/or easement agreements for recordation in the Johnson County Recorder's Office, at City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 98-59 Page 2 In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 24th day of Febr'ua~-~v ,1998. Ap roved b ATTEST:ciT~ ~' ~' ~ ~ ~ It was moved by Thor'nber'r.y and seconded b~/._ Ns).r-t' n "o 't~e Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng/res/sthgate.doc Prepared by Liz Osborne, Housing Rehab. 410 E. Washington St., Iowa City. IA 52240 (319) 356-5246 RESOLUTION NO. 98-60 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST NATIONAL BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 814. RUNDELL STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of Rehabilitation Agreement, a Promissory Note, and a Mortgage in the amount of $30,000.00, executed by the owners of 814 Rundell Street on November 24, 1993, and recorded on April 8, 1994 in Book 1729, Page 214 through Page 225 in the Johnson County Recorder's Office covering the following described real estate: Lot 3 in Block 8 in Rundell, Johnson County, Iowa, according to the recorded plat thereof, WHEREAS, the balance of the City's lien totals $30,000.00; and WHEREAS, First National Bank, Iowa City, Iowa proposes to give a new first mortgage in the amount of $100,000 to the owners of 814 Rundell Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the proposed mortgage in order to induce First National Bank to make such a loan; and WHEREAS, First National Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgages to the First National Bank; and WHEREAS, there is sufficient value in the above described real estate to secure said lien 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 attached subordination agreement between the City of Iowa City and First National Bank, Iowa City, Iowa. Passed and approved this 24th day of Februar~ ,1998. Resolution No. 98-60 Page 2 CITY CLERK It was moved by Thornberry adopted, and upon roll call there were: AYES: and seconded by NAYS: Approv_ed by City Attorney's Office Norton the Resolution be ABSENT: Champion Kubby Lehman NoAon O'Donnell Thomberry Vande~oef ppdrehab/res/814run d. doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Pir.~ N~i~n~l Fk~n~ T~ of Iow~ Ci~.¥, IA , herein the Financial Institution. herein the City, and WHEREAS, the City is the owner and holder of a certain Mortgage which at this time are in the amount of $ 30,000.00 and were executed by Bradley E. and Deborah S. Gilpin (herein the Owner), dated November 24 , 19 93 , recorded April 8 , 19 9.4 , in Book 1729., Page 214 through 225 , Johnson County Recorder~s Office, covering the following described real property: Lot three (3) in Block eight(8), in Rundell, Johnson County, according to the recorded plat thereof. Iowa, WHEREAS, the Financial Institution proposes to loan the sum of $ ~c~O,0nO 00 on a promissory note to be executed by the Financial Institution and the Owner, secudng a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the mortqage 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: 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. SUBORDINATION AGREEMENT Page 2 Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the mort9a9e of the City. Binding Effect. This agreement shall be binding upon and inure to the benefit of the' respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~? ~/' day of Mayor Attest: By By ,19 ?~ D~(,_~tINANCIAL I~STITUTION uane ,artz ~ b , Vice PresicT~Trt DualileXeS'pt e s i der] t CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this JV day of Notary Public in and ~_~,-~ , 199/1, before me, the undersigned, a for the State of Iowa, personally appeared and Madan K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (~f~liT-mnce-)- (Resolution) No. ?~'- 6o passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the J~ ~-/~ day of ~$r'..,~.r~ , 19 ?~' , and that F_~-~.~-A Co). L.~n.~r,q and Madan 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 SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 6th day of February , A.D. 19 qa , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Duane ~w~r'~.~nd~-.b~r' and r.~nny ~n ~ ~hc~' , to me personally known, who being by me duly sworn, did say that they are the v~,~ p~'~.~=nr and St. Vice President , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Vice President and St. Vice President as such officem acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily execut~ ' %~-~_ Notary Publi¢~ and for the State of Ionia ?,~. FAYVIENE K. KRYSAN 185866 My Commission Expires . July 31, 1999 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 98-61 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 117 NORTH LUCAS STREET, IOWA CITY, IOWA WHEREAS, on September 20, 1988 the property owner of 117 North Lucas Street, received a Promissory Note in the form of a life lien in the amount of $6,182.00 from the City of Iowa City; and WHEREAS, this document created a lien against the property; and WHEREAS, the loan was paid off on February 6, 1998; and WHEREAS, the lien needs to be released. 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 117 North Lucas Street, Iowa City, Iowa from the Promissory Note recorded on October 27, 1988 in Book 1033, Page 30 of the Johnson County Recorder's Office. Passed and approved this 24th A'I-rEST: ,~,~.~_~ ClT~CLERK day of Febr'ua~y ,1998. MAYOR Approved by City Attomey's Office ppdrehab~res\l 17nluca.doc 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 legally described as follows: S 37.5 feet of Lot 1 in Block 18, Original Town, Iowa City, Johnson County, Iowa. from an obligation of the property owner, Theo J. Carver, to the City of Iowa City in the principal amount of $6,1 82.00 represented by Promissory Note in the form of a Life Lien recorded on October 27, 1988 in Book 1033 Page 30 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: CIT~ Approved by City Attorney's Office STATE OF IOWA ) ) JOHNSON COUNTY ) SS: On this ~/ ~¢' day of '-~.-~.~,~, , A.D. 19 '?? , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman 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 ~he seal affixed thereto is the seal of said corporation, and that the instrument was signled and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. 'f~:-/,~/ , adopted by the City Council on the ~,/ *A day ~r ~-e~ , 19 '?~ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\ 1 17nlreLdoc Notary Public in and for Johnson County, Iowa Prepared by: Steve Long, Assoc. Planner, 410 E. Washington St., Iowa City IA 52240 {319)356-5248 RESOLUTION NO. 98-62 RESOLUTION APPROVING A JOINT ADMINISTRATIVE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR STATE OF IOWA HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the State of Iowa has created the State of Iowa HOME program which utilizes U.S. Department of Housing and Urban Development funding to provide affordable housing for low income households in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support affordable housing efforts for low income households in Iowa City; and WHEREAS, the Iowa Department of Economic Development has agreed to make HOME funding in the amount of $444,1 20 available to the City of Iowa City for the support of the Greater Iowa City Housing Fellowship affordable rental housing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Agreement for State of Iowa HOME funding (97-HM-206-28), a copy of which is on file in the Department of Planning & Community Development, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement for State of Iowa HOME funding. The City Manager is hereby authorized to execute all necessary documents required by the Iowa Department of Economic Development for the administration of these funds. Passed and approved this 24th day of February , 1998. MAYOR ATTEST: Approved by City Attorney s offrce - jccog~$~res~idedhome.doc Resolution No. 98-62 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Steve Long, Assoc. Planner, 410 E. Washington St., Iowa City IA 52240 (319)356-5248 RESOLUTION NO. RES,,OLUTION APPROVING A JOINT ADMINISTRATIVE A( THE CITY OF IOWA CITY AND THE IOWA DEPAR' DEVELOPMENT FOR STATE OF IOWA HOME HIP (HOME) PROGRAM FUNDING, AND MAYOR ITE AND THE CITY CLERK TO ATTEST SAME. OF THE WHEREAS, the State )wa has created the State of low U.S. Department of and Urban Development fur for low income households owa; and program which utilizes to provide affordable housing WHEREAS, the City of Iowa housing efforts for low income deems it ir in public interest to support affordable City; and WHEREAS, the Iowa Department of funding in the amount of $444,120 a~ Greater Iowa City Housing Fellowshi Development has agreed to make HOME ble to the City of Iowa City for the support of the able rental housing project. NOW, THEREFORE, BE IT RES CITY, IOWA THAT: BY CITY COUNCIL OF THE CITY OF IOWA The Agreement for of Iowa HOME is on file in the of e of the City Clerk, is (97-HM-206-28), a copy of which 2. The Mayor i,, authorized to execute and e City Clerk to attest said Agreement State of Iowa HOME funding. 3. The City£,.~ er is hereby authorized to execute all necessary documents required by the/l~wa Department of Economic Development for the a~istration of these fund7 Passed anel-appfoved this day of , 1998. MAYOR A TTEST:'c?TTY CL~'~ERK ~ Approved by L;ity Attorney's Office jccoghs\res\idedhorne.doc Prepared by: Scott Kugler; Associate Planner; 410 E. Washington St.. Iowa City, IA; 52240 (319) 356-5243 RESOLUTION NO. 98-63 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-rEST AN AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND IOWA CITY, IOWA, AMENDING THE DEVELOPMENT POLICY FOR FRINGE AREAS A AND C OF THE FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY AND IOWA CITY. WHEREAS, the City Council of Iowa City ("City") and the Board of Supervisors of Johnson County ("County") entered into an agreement established under Chapter 28E of the Code of Iowa in August 1996, (Res. 96-239); and WHEREAS, that agreement sets forth development policies for designated areas within the two- mile extraterritorial jurisdiction of Iowa City; and WHEREAS, the City and the County have mutually agreed that the term "plat" should be replaced with the term "concept plan" within Subsection 1 of the development policies for Fdnge Area A, and within Subsection 2 of the development policies for Fringe Area C; and WHEREAS, the intent of the concept plan is to demonstrate how the open space requirements can be met on a property being proposed for development, and the applicant's intent to adhere to the development policies contained in the Fdnge Area Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council of the City of Iowa City, Iowa hereby accepts and agrees to the proposed amendments to the development policies for Fdnge Areas A and C, requiring the submittal of a concept plan rather than a plat to accompany certain rezoning applications; and The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign and the City Clerk to attest the attached 28E Agreement between Johnson County and Iowa City, amending the development policy for Fdnge Areas A and C of the Fringe Area Policy Agreement between Johnson County and Iowa City, for recordation as provided by law. Passed and approved this 24th day of ATTEST: Ci~ ~- Februar.y ,1998. A? tv Y ppdad mi~Vres/f r~ nge~c ,doc Resolution No. 98-63 Page 2 It was moved by Thornber~'y and seconded by adopted, and upon roll call there were: 0'Donne] ] the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Scott Kugler; Associate Planner; 410 E. Washington St., Iowa City, IA; 52240 (319) 356-5243 Fringe Area Policy Agreement Between Johnson County and Iowa City -Amendment I This agreement is entered into pursuant to Chapter 28E of the Code of Iowa by and between Johnson County, Iowa, a municipal corporation ("County"), and the City of Iowa City, Iowa, a municipal corporation ("City"), to wit: WHEREAS, the County and the City adopted an agreement in August 1996, to establish policies for the ordedy growth and development within the City's two-mile extraterritorial review area; and WHEREAS, that agreement provided for the periodic review and amendment of the agreement; and WHEREAS, the City and the County have mutually agreed that amendments to the development policies for Fdnge Areas A and C are needed. NOW, THEREFORE, the parties hereto do agree for themselves and their respective successors to the following amended policy for Fdnge Areas A and C: FRINGE AREA A 1. Permit residential development by considering, on a case-by-case basis, proposals to rezone land in this area to RS-3 (one dwelling unit per three acres of lot area). RS zoning will be considered if the application to rezone includes a p13tconcept plan showing a minimum of 50% of the property as an outlot designated as open space or agriculture. Development must comply with City Rural Design standards contained in Appendix A.. FRINGE AREA C Land Outside Iowa City's Growth Area. In portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Zoning Ordinance and City Rural Design Standards. The land in Area C currently zoned A-l, Rural, and outside the City's growth area will be considered, upon receipt of an application, for rezoning to RS-10 (one dwelling unitJ10 acres). RS-5 (one dwelling unit/5 acres) will be considered if the application to rezone includes a platconcept plan designated a minimum of 80% of the property as an outlot for open space or agriculture. Rural Design Standards will apply to all development outside of the City's growth area. This amendment to the agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa. Executed with approval and on behalf of the City of Iowa City and Johnson County this ~ ~ day of "Y??zt.~./. , 1998. JOHNSON COUNTY By: C ir~~ BOard of Supervisors ppdad min/agt/ffingeac. WP5 By: CITY OF IOWA CITY PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 MARCH 17, 1998 MARIAN K. KARR CITY OF IOWA CITY 410 EAST WASHINGTON ST. IOWA CITY, IA. 52240-1826 RE: Filin~ of 28E A~reement between the JOHNSON CO~qTY, iOWA and the THE CITY OF IOWA CITY, IOWA Dear Ms. KARR: We have received the above described a~reement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of MARCH 17, 1998. Sincerely, Paul D. Pate Secretary of State PDP/mdb Enclosures Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 98-64 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF DISPOSITION PARCELS OF A PORTION OF WATERFRONT DRIVE, IOWA CITY, IOWA. WHEREAS, the owner, the City of Iowa City, filed with the City Clerk the preliminary and final plat of disposition parcels of a portion of Waterfront Drive, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Northeast Comer of Lot 1 of a "Resubdivision of a Portion of Government Lot 4 of Section 15, T79N, R6W of the 5th P.M." In accordance with the Plat thereof Recorded In Plat Book 30 at Page 116, of the Records of the Johnson County Recorder's Office; Thence S89°56'23"W, along the North Line of said Lot 1, a distance of 15.05 feet, to the Southeast Corner of Lot 3, of Southgate Addition, Part One, in accordance with the Plat thereof Recorded In Plat Book 9, at Page 54, of the Records of the Johnson County Recorder's Office; Thence N23°09'33"W, along the Easterly line of said Lot 3, a distance of 127.10 feet; Thence Northwesterly, 23.56 feet, along said Easterly Line, along a 15.00 foot radius curve, concave Southwesterly, whose 21.22 foot chord bears N68°10'28"W; Thence N23°11'23"W, 50.00 feet, to a point on the Southerly Line of Lot 1, of said Southgate Addition, Part One; Thence N68°48'37"E, 55.03 feet; Thence N23°09'33"W, 14.55 feet; Thence S71 °15'57"E, 21.18 feet; Thence N11 °15'37"E, 30.49 feet, to the point of intersection of the Southerly Right-of-Way Line of U.S. Highway No. 6, and the Westerly Right-of-Way Line of Waterfront Drive; Thence S23°09'33"E, along said Westerly Right-of-Way Line, 307.10 feet; Thence S04°26'40"E, along said Westerly Right-of-Way Line, 23.52 feet; Thence S78°11'57"W, 62.65 feet, to a Point on the Easterly Line of Lot 1, of said Resubdivision of a Portion of Government Lot 4, of Section 15-T79N-R6W of the 5th P.M.; Thence Northwesterly 94.10 feet along said Easterly Line, on a 502.67 foot radius curve, concave Southwesterly, whose 93.96 foot chord beam N17°09'49"W, to the Point of Beginning. Said tract of land contains 0.50 acres more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the owner and proprietor; and Resolution No. Page 2 98-64 WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the preliminary and final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 24th day of February , 1998. It was moved by Norton and seconded by adopted. and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadmin~res\wat err ro.doc STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0033 Disposition Parcels of a Portion of Waterfront Drive GFNFRAI 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: SPECIAL INFORMATION: Public utilities: Public services: Transportation: Prepared by: John Yapp Date: January 15, 1997 City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Charles Schmadeke 319-356-5140 Preliminary and Final Plat To be able to dispose of 0.5 acres of vacated Waterfront Drive right-of-way to four different adjacent property owners. South of Highway 6, east of Gilbert Street 0.5 acres_ Undeveloped, CC-2 North: Commercial, CC-2 East: Vacant Commercial, CC-2 South: Commercial, C1-1 West: Commercial, CC-2 General Commercial Chapter 14-7, land subdivisions November 26, 1997 January 10, 1997 City water and sewer are available Police and fire protection are provided by the City. Refuse collection must be handled by a private hauler. The site may be accessed by Gilbert Street to the west. Transit service is provided by the Lakeside-Westwinds route. Physical characteristics: The site is flat and is currently planted with grass. BACKGROUND INFORMATION: At their December 18, 1996 meeting the Planning and Zoning Commission recommended approval of an application to vacate 0.5 acres of the Waterfront Drive right-of-way, located east of Gilbert Street and south of Highway 6. The City has negotiated with adjacent property owners who wish to acquire various portions of the right-of-way. A subdivision of the vacated portion of Waterfront Drive will allow portions of it to be sold to property owners of adjacent properties, who will incorporate the portions into their lots. ANALYSIS: Compliance with Subdivision Regulations: The pro. posed preliminary and final plat appear to comply with the City's subdivision regulations. No new public improvements are being proposed. Legal papers have been submitted. Utilities: The right-of-way contains a sanitary sewer, water line, telephone line and gas line. The utility companies and the City will retain an easement over the right-of-way for access to the utilities. Disposition of the Waterfront Drive right-of-way: It is proposed that each of the four parcels of the Waterfront Drive right-of-way be disposed to an adjacent property. 1,946 SF would go to the Contractor's Tool property, 1,687 SF to the Country Kitchen property, 8,171 SF to the Carlos O'Kelly's property, and 9,988 SF to the former Robo Car Wash property to the east. Each of these parcels would become larger by the addition of the right-of-way, and no new commercial lots will be created. Because of the utility easements needed over the right- of-way, the only things it may be used for once it is disposed of is open space and surface parking. STAFF RECOMMENDATION: Staff recommends that SUB97-0033, a request for preliminary and final plat approval of Disposition Parcels of a Portion of Waterfront Drive, be approved. ATTACHMENTS: 1. Location Map 2. Preliminary Plat 3. Final Plat Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development SITE LOCATION' Waterfront Drive Vacation SUB97-0033 & VAC97-0003 DISPOSITION AMENDED PLAT OF VACATION AND PRELIMINARY PLAT OF PARCELS OF A PORTION OF WATERFRONT IOWA CITY, IOWA 1917 SOI.1TH GI~ERT ST. m/S CONSULT.4J~ 10~A CITY. 10WA. 52240 · '/ \ '"; --/-- Z THE CITY OF IOWA CITY CMC CENTER 410 E. WASH~/C, TON ST IOWA ClTY. IOWA 52240 ~ DRIVE PLAT/PLAN APPROVED · by the City of Iowa CiLy SARAH HOL~Cff CIVIC CENTER 410 E. WASH~GTON STREET IOWA crrY. IOWA 5224O STANDARD LEGEND AND NOTES - ~r~ &/w OOi.NL4H'r ~ .............. RIGHT- OF- VlAY - LOT ~ INI~RNAL -- - LOT ~ PLATteD ~ I~¥ ~ .......... OffllNO [.ASS~NT ~ - ~ ~ - U~ ~ - ~T~ - ~ ~ - ~ ~ - WA~ V~ - ~ ~T~Y ~ NTERVAL -- I FEET Ion City, Ion LOCATION YAP NOT TO SCALE /,/ DISPOSITION ,) AMENDED PLAT OF VACATION AND FINAL PLAT OF PARCELS OF A PORTION OF WATERFRONT IOWA CITY, IOWA DRIVE PlAT p]IRPAR[~ R¥: ~ C0]~ULTMiTS INC. lgl? SOUTH 01LBERT ST. IOWA CITY, 10WA 52240 TI~ CITY 0F 10WA C~ C~C C~ 410 ~ W~O~N ~ 10WA ~, IOWA ~R~40 $~!t HOI~CEX Cl~IC Cglfl~ 410 K WASH~N{}TON STREET IOWA CITY, IOWA ~ LEGEND AND NOTES ,, ~,=.'...~, ' f,,,~ CONTRACTOR'S TOOL P.O. BOX 3108 · 1430 WATERFRONT DRIVE IOWA CITY, IOWA 52244 FAX (319) 351-3233 · PHONE (319) 338-1121 IOWA WATS 800-397-3233 C/~cc G ont ,actom TOOLS FOR ALL TRADES CARPENTRY - MASONRY - PLUMBING - ELECTRICAL - EXCAVATING RESOLUTION NO. 98-65 PART TWO, IOWA CITY, IOWA. WESTPORT PLAZA, Plaza, Part Two, Iowa City, Iowa, Johnson County, Iowa; and County, Iowa, to wit: Township 79 North, Range 6 West of the Fifth 16, Principal Meridian; Thence Records of the, Johnson County Recorder's Office, and the Point of Beginning; Thence N36°24 25"E, along said Right-of-Way Line, 874.30 feet, to a Point 180.00 feet Radially distant Southeasterly from centerline station 134+35.2; Thence N39°48'08"E, along said Right-of-Way Line, 155.!9 feet, to a Point 180.00 feet 14.00 feet, to the Northwesterly Corner of Westport Plaza, in accordance with the Plat thereof Recorded in Plat Book 32, at Page 289, of the Records of' the Johnson County Recorder's Office; Thence' S49°57'39"E, along the Southwesterly Line of said Northwest Corner thereof; Thence S00°51'23" W, along the West Line of said Conveyed Parcel, 118.84 feet, to the Northeast Corner of the Parcel Conveyed by Warranty Deed, Recorded in Deed Book 568, at Page 288, of the Records of the Johnson County Recorder's Office; Thence N81°09'33"W, along the north line of said more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Resolution No. Page 2 98-65 and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: , The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. . The City accepts the dedication of the easements as provided by law. , upon approval by the City Attorney, to execute all legal documents relating to said the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 24th CI~LERK It was moved by Norton adopted, and upon roll call there were: day of February ,1998. rviAYOR Approved ......__City Atto~ey's 4~9e' and seconded by Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef ppdad min\res\westport.doc Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 98-66 RESOLUTION TO SEVER 78 ACRES OF PROPERTY LOCATED SOUTH OF HIGHWAY 6 IN THE NORTHWEST CORNER OF IOWA CITY, IOWA AND ADJACENT TO CORALVILLE, IOWA. WHEREAS, Clarence Jacobs and the Bernice Jacobs Trust own property legally described as follows: Beginning at the intersection of the South line of the Iowa Interstate Railroad (formerly the Chicago, Rock Island and Pacific Railroad Company) right of way with the West line of the East half of the Northeast quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M. thence South along said West line to the North line of the South half of the Southeast quarter of said Section 1, thence East 26 and 1/3 rods, thence North parallel with the West line of the East I half of the Northeast quarter of said Section 1, to the South line of said Railroad right of way, thence Northwesterly along the South line of said right of way to the place of beginning; Also the Northwest quarter of the Southeast quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M. WHEREAS, the owner of the entire tract has consented to and requested that this 78 acre tract of land be severed from the City of Iowa City, Iowa, and annexed into the City of Coralville, Iowa; and WHEREAS, the City of Iowa City is unable to provide full municipal services for this property, and the City of Coralville is more appropriately situated and able to provide such services to this property; and WHEREAS, the City of Iowa City and the City of Coralville previously entered into a 28E Agreement that specifies that this property will be severed from Iowa City and annexed into Coralville; and WHEREAS, upon severance of said territory by the City of Iowa City, the City of Coralville will assume responsibility for any emergency service and/or road maintenance for said territory, and as no further public facilities exist in the territory, the City does not need to distribute assets or liabilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 98-66 Page 2 The property legally described above is hereby severed from the City of Iowa City, Iowa, subject to annexation of the entire tract by the City of Coralville, Iowa. As required by Iowa Code {}368.8 (1997), the City Clerk is hereby directed to certify a copy of this Resolution and to file a copy of this Resolution, a map and a legal description of the territory involved with the Johnson County Board of Supervisors, the Iowa Department of Transportation, and the Secretary of State. The City Clerk is further directed to record a copy of the map of the territory and this Resolution with the Johnson County Recorder. Upon severance of said territory by the City of Iowa City, the City of Coralville shall assume responsibility for any emergency service and/or road maintenance for said territory, and as no further public facilities exist in the territory, the City does not distribute assets or liabilities. Passed and approved this 24th ATTEST: ~~ ~. CIT~CLERK dayof February ,1998. MAYOR It was moved by Kubby and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: x X X X X x X Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef ppdadmin\res~jacobs.doc STAFF REPORT To: Planning and Zoning Commission Item: ANN98-0001. Jacobs property severance GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: SPECIAL INFORMATION: Public utilities: Public services: Transportation: Physical characteristics: Prepared by: Robert Miklo Date: February5, 1998 Clarence Jacobs and Bernice Jacobs Trust c/o Gary Hammond Hills Bank 1401 South Gilbert Street Iowa City, Iowa Severance (deannexation) of Jacobs property To allow annexation by Coralville South of Highway 6 in the northwest corner of corporate limits 78 acres Severance by Iowa City Agricultural and woodland; ID-RS North: Commercial; City of Coralville East: Agricultural and woodland; ID-RS South: Agricultural and woodland; ID-RS West: Agricultural and woodland; ID-RS No sanitary sewer or water service is available at this time or expected in the near future The Iowa City Police and Fire Departments are responsible for emergency service. This responsibility would be transferred to the City of Coralville. Access is via Highway 6 Portions of the property are used for agricultural purposes. Most of the remainder of the property is wooded. Clear Creek crosses the property at a diagonal from northwest to southeast. North of the creek the property is generally fiat. South of the creek the property slopes upward towards the south. BACKGROUND INFORMATION: Clarence Jacobs has requested that the City sever (deannex) approximately 78 acres located in the northwest corner of the corporate limits, south of Highway 6. The applicant has indicated that if the City severs this property it will be annexed by the City of Coralville. The property is within an area identified for severance by Iowa City in the Comprehensive Plan and a 28E agreement with Coralville. The City of Coralville intends to acquire the portion of the property located north of Clear Creek and use it for their waste water treatment plant. The applicant will retain the other portion of the property. The City of Coralville will zone it R-l, Single Family Residential. ANALYSIS: In 1994 the City of Iowa City and City of Coralville executed a land use agreement for property in the over lapping two mile extraterritorial area between Iowa City and Coralville. Included in this agreement is a provision for Iowa City to sever property within the Northwest Planning District in the Clear Creek watershed. This severance is proposed due to Coralville's ability to provide municipal sanitary sewer to property within the Clear Creek watershed via a gravity flow system. Iowa City is unable to sewer the Clear Creek watershed without lift stations. Properties are expected to be severed as they are developed and require extension of municipal utilities. The eventual corporate limits line between Iowa City and Coralville will be the boundary between the Clear Creek watershed and the Willow Creek watershed, shown in Figure 5 (attached). As indicated on the location map, vehicular access to this property is limited to Highway 6 which travels along the northeastern boundary. Because Clear Creek dissects the property and due to limited development potential resulting from environmental conditions, it is unlikely that the northern portion of the property will ever have access to Iowa City's street network. A bridge would be required across Clear Creek in order to directly connect the northern portion of the property to a future street network. Therefore, it will be difficult for the City to provide services, such as police and fire protection, for the portion of the property north of Clear Creek if and when it develops. Given its location in the far northwest corner of the City with frontage limited to Highway 6, the subject property has no direct vehicular access to the remainder of Iowa City. The property is not serviced by municipal utilities including water and sewer. It is unlikely that such services can be provided in the short term due to the location of this property in the Clear Creek watershed, which is outside of the sanitary sewer service area, identified in the Comprehensive Plan. Given these concerns, severance of the property subject to annexation by the City of Coralville appears to be appropriate. STAFF RECOMMENDATION: Staff recommends that 78 acres located south of Highway 6 be severed, subject to its annexation by the City of Coralville. 3 ATTACHMENTS: 1. Location map 2. Figure 5 - Iowa City/Coralville Annexation Agreement Kari~ Franklin, Director DeCt. of Planning & Community Development sharedppddeannex98-0001.doc ill I I I I I I I I I I I I I I RS 12 SITE LOCATION, South of Highway 6 ANN98-0001 IOWA CITY SEVERING/ /, CORALVILLE ANNEXATION AREA ,~: Figure 5 CORALVILLE-IOWA CITY annexation agreement FUTURE CORPORATE LIMITS LINE PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 March 19, 1998 Iowa City City Clerk 410 East Washington Street Iowa City, IA 52240-1826 RE: Resolution #8-667 approving volur~..ry severance from the City of Iowa City, Iowa Dear City Clerk: You are hereby notified that the resolution, plat map, and other documents pertaining to the voluntary severance of territory from the City of Iowa City have been reviewed by this office and comply with requirements of Section 368.8, Code of Iowa. You may consider the severance filed as of March 19, 1998. Sincerely, Paul D. Pate Secretary of State PP/db Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 98-67 RESOLUTION APPROVING THE PRELIMINARY FASHIONABLE ACRES, IOWA CITY, IOWA· PLAT OF BOYD'S WHEREAS, the owner, Frank Boyd, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Boyd's Fashionable Acres; 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: The preliminary plat of Boyd's Fashionable Acres, Iowa City, Iowa, is hereby approved, subject to the dedication of an off-site, public access easement in an appropriate location to provide public access to Outlot A, which is to be dedicated to the City as public open space. 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 24th day of Febr'uar-y , 1998. ppdadmin\res\boyds.doc MAYOR Resolution No. 98-67 Page 2 It was moved by ThnrnhPrry and seconded by adopted, and upon roll call there were: 0 ' Donnel 1 the Resolution be AYES: NAYS: ABSENT: X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: To: From: Re: January 30, 1998 (for February 5 meeting) Planning and Zoning Commission Scott Kugler, Associate Planner SUB97-0027. Boyd's Fashionable Acres This item was deferred at the last meeting to allow a sign to be reposted on the property to notify surrounding property owners that this item was to be considered at the February 5 meeting. A copy of the November 6 staff report is attached for the Commission's reference, given the length of time that has passed since this item was last discussed. The plat now meets the technical requirements of the subdivision regulations and storm water management issues have been addressed to the satisfaction of Public Works. This item is now ready to be voted on. The November 6 staff report raised a number of questions regarding issues such as open space, Rochester Avenue access and right-of-way, and sensitive areas issues, which have all been resolved. The Parks and Recreation Commission recommended acceptance of Outlot A as public open space, provided that provisions for pedestrian access to Mt. Vernon Drive would be possible so that the area could accessible to more than just the immediately surrounding lots. The applicant owns property along Mt. Vernon Drive which could be the site of a future sidewalk or trail connection to the outlot. He has agreed to dedicate a 20-foot wide strip of land in this area which could accommodate a future sidewalk. While this cannot be a condition or incorporated into the legal papers for this subdivision, it could be handled through an associated plat when the final plat for this subdivision is considered by City Council. The plat has been revised to indicate that Outlot A is to be dedicated to the City. The legal papers should stipulate that this property will not be accepted by the City until a substantial number of the lots surrounding the outlot are developed. The proposed sensitive areas site plan for this item has been approved, and will be recorded following approval of the preliminary plat since they are both contained on the same document. Critical slope areas are being fenced and avoided. Additional right-of-way is being dedicated along Rochester Avenue as recommended in the staff report. Staff is no longer recommending the condition regarding the access restriction to Rochester Avenue on Lot 1, based on discussions that occurred between the applicant and City officials in the past and on the relative low impact this one additional drive will have on Rochester Avenue traffic. While staff feels it is good policy to minimize the number of driveways along arterial streets where possible and will continue to recommend this for similar situations in the future, allowing one existing driveway to remain will have minimal impact on traffic safety in this area. The applicant has had discussions with City staff in the past where it was apparently agreed that he could maintain his existing access point. While no official approval was ever granted in the past, staff feels that those informal discussions should be honored unless there are serious traffic safety issues associated with allowing the drive to remain. Staff recommends that this condition be dropped from the recommendation. STAFF RECOMMENDATION: Staff recommends that SUB97-0027, a request for a preliminary plat of Boyd's Fashionable Acres, an 11.34 acre, 16-1ot residential subdivision located at 2511 Rochester Avenue be approved. ATTACHMENTS: 1. Location map. 2. Preliminary plat. 3. November 6, 1997 staff report. Approved by: Robert M~?o, Senior Planner Department of Planning and Community Development RS 8 P ID -RS RS 5 RM RM 20 ~]N~ PDH 5 PDH 8 ID -RS SITE LOCATION' Boyd's Fashionable Acres SUB97-0027 / \ 2 PRELIMINARY PLAT FASHIONABLE IOWA CITY, IOWA P{JT pl~!1~&u~m ~:n~BEI~ijm.~,~ ~ IDeA ~YY. lOlL Ol~40IOWA (3'rY, ~01FA ff~24~IOWA (~r. IOWA · LOCATION MAP NOT TO SCALE STANDARD LEGEND AND NOTES ~ '" ACRES Ill STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0027. Boyd's Fashionable Acres 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: SPECIAL INFORMATION: Public utilities: Prepared by: Scott Kugler Date: November 6, 1997 Frank A. Boyd 2511 Rochester Avenue Iowa City, Iowa 52245 Phone: 337-5345 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Preliminary plat approval To create a 16-1or subdivision residential 2511 Rochester Avenue 11.34 acres Residential, RS-5 North: East: South: West: Residential, RS-5; Residential, RS-5; Residential, RS-5; Residential, RS-5. Residential, 2-8 dwelling units per acre Chapter 14-7, Land Subdivisions October 16, 1997 November 30, 1997 City sewer and water are available to the site. 2 Public services: Transportation: Physical features: Sensitive Areas Ordinance: Police and fire protection will be provided by the City, as well as refuse collection. This development would be served by the Rochester bus route. Steep slopes exist along both the east and west sides of the property, with the proposed street located along higher ground in between. The property contains steep and critical slopes. No critical slopes will be impacted by development activities. A sensitive areas site plan is required. BACKGROUND INFORMATION: The applicant, Frank A. Boyd, is requesting preliminary plat approval of Boyd's Fashionable Acres, an 11.34 acre, 16-1ot residential subdivision located at 2511 Rochester Avenue. The property is zoned RS-5, Low Density Single-Family Residential, and contains a single-family home and a barn. ANALYSIS: Preliminary Plat: The proposed preliminary plat contains some deficiencies that must be addressed prior to the Commission's consideration of the plat. Staff recommends deferral until these items are resolved. Some of these items are listed below under Deficiencies and Discrepancies. Public Works has not yet had an opportunity to review the most recent version of the plat, so additional deficiencies may be identified. All deficiencies should be resolved prior to a vote by the Commission. The property contains steep slopes (18-24 percent) and critical slopes (25 ~ 40 percent). None of the critical slopes are to be impacted by development activities, therefore a sensitive areas overlay rezoning is not necessary, but a sensitive areas site plan is required. The sensitive areas site plan has been combined with the preliminary plat, and that component of the plat is still under review. A grading plan is also required, and should illustrate proposed erosion control measures, particularly along the western portion of the property where there appears to be the potential for adjacent properties to be impacted if erosion is not adequately addressed. Both the sensitive areas site plan and the grading plan must be approved prior to Council consideration of the plat. One new street is being proposed off of Rochester Avenue - Boyd Court. It is planned to be a local street the standard 28 feet in width. A total of 16 building lots are being proposed, with one lot having frontage on both Rochester Avenue and Boyd Court, and the rest frontage only on Boyd Court. The plat contains one outlot at the east edge of the property, containing a ravine and storm water management facility easement, with a narrow access to Boyd Court of 31.42 feet between Lots 10 and 11. There is currently a 33-foot half right-of-way for Rochester Avenue along this property. Public Works has indicated that an additional two feet of right-of-way is needed in this area, which would make the right-of-way consistent with the platted property to the west. Many of the parcels to the east along Rochester Avenue have not been formally subdivided, and the right-of-way in front of those properties will continue to be 33 feet (south ~ of ROW). If needed in the future, additional right-of-way may have to be purchased from these properties if road improvements are planned by the City. Rochester Avenue Access: Boyd Court accesses Rochester Avenue aligned with Bluffwood Lane. This is a good location in terms of minimizing traffic conflict points along Rochester Avenue, an arterial street. Lot 1 contains an existing house that has a driveway located just west of the proposed intersection. Staff recommends that as a condition of the approval of this plat, this driveway be removed and all access to lots within the subdivision come off of the proposed local street. The plat should contain a note to this effect, and this should be incorporated into the legal papers when the final plat for this property is reviewed. It is the City's policy to limit the number of access points along arterial streets to the extent possible. Open Space: A total of .26 acres of open space is required as a result of this subdivision. The plat contains a 2.35 acre outlot that could serve as public open space if dedicated. The plat indicates that Outlot "A" is to be common open space, commonly held among the lot owners, rather than dedicated open space. However, the Neighborhood Open Space Plan calls for additional open space for this neighborhood, and this parcel is identified as a potential location for this open space in the plan. Outlot A appears to have sufficient space outside of the storm water management easement to also be used as a park. The applicant has indicated that he is willing to dedicate this area to the City to accommodate a park. If dedicated for open space, the outlot would satisfy the open space obligation for this property. The applicant has indicated that he does not intend to develop the property immediately, so the dedication of the outlot should be tied to something other than the approval and recording of the plat, such as construction of the streets or the development of adjacent lots. Storm Water Management: Storm water management basins are shown on the plat within Outlot A and at the rear of lots 6,7, and 8. Amy Bouska, Environmental Specialist with the Johnson County Soil & Water Conservation District, recommends that the two basins be constructed prior to other development activities taking place on the site. In this way the basins would help retain sediment during construction activities on the site, and would reduce the potential for off-site impacts on adjacent properties to the west. Water Main Extension Fee: A watermain extension fee of $354 per acre will be required as a result of this subdivision. STAFF RECOMMENDATION: Staff recommends that SUB97-0027 be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends that the request for a preliminary plat of Boyd's Fashionable Acres, an 11.34 acre, 16-1ot residential subdivision located at 2511 Rochester Avenue, be approved, subject to 1) the approval of a sensitive areas site plan and grading plan prior to Council consideration of the plat, and 2) access to Lot 1 being restricted to Boyd Court and the removal of the existing driveway to Rochester Avenue on Lot 1 at the time Boyd Court is constructed. DEFICIENCIES AND DISCREPANCIES: Show existing easements for the existing storm and sanitary sewers, and correct notes regarding storm water management facility easements and access easements. 2. Label street name for Bluffwood Lane, directly north of Boyd Court. Additional right-of-way should be dedicated along Rochester Avenue to achieve a 35- foot half right-of-way. This should be shown on the preliminary plat. ATTACHMENTS: 1. Location map. 2. Preliminary plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development Prepared by Dennis Mitchell, Asst. City Arty., 410 E. Washington St., Iowa City, IA 52240, 356-5130 RESOLUTION NO. 98-68 RESOLUTION AUTHORIZING CONVEYANCE OF A VACATED TWENTY FOOT (20') WIDE PORTION OF THE FORMER BENTON STREET RIGHT-OF-WAY BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE TO HENRY AND GRACE LINDER. WHEREAS, Henry and Grace Linder have indicated they are willing to convey property necessary for the Iowa River Corridor Trail to the City in exchange for the City conveying to them an approximately equal amount of the former Benton Street right-of-way adjacent to their property at 632 S. Riverside Drive where Linder Tire Service is located; and WHEREAS, the City does not need this portion of the former Benton Street right-of-way to provide access to property in the area; and WHEREAS, this conveyance is subject to Henry and Grace Linder conveying an approximately equal amount of property to the City for Iowa River Corridor Trail and the City retaining all utility easements over the vacated right-of-way; and WHEREAS, on February 10, 1998, the City Council adopted Resolution No. 98-35, declaring its intent to convey its interest in the vacated right-of-way, authorizing public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the City's interest in the property legally described below to Henry and Grace Linder, subject to the Henry and Grace Linder conveying an approximately equal amount of property the City needs for the Iowa River Corridor Trail to the City of Iowa City, and subject to the City retaining all utility easements: Commencing at a found tack in Lead Plug at the Southwest Corner of the NW 1/4 of Section 15, T79N, Rew of the 5th P.M.: thence N 02° 51' 01" E - 582.90 feet along the West line of said NW 1/4; thence N 87° 08' 59" E - 33.00 feet to a found 3/4" pipe on the easterly Right-of-Way Line of Riverside Drive and the northerly Right-of-Way Line of Former Benton Street and the Point of Beginning; thence N 86° 54' 03" E - 297.00 feet along the northerly Resolution No. 98-68 Page 2 Right-of-Way Line of former Benton Street to a set 5/8" rebar; thence S 22° 05' 23" E - 5,33 feet to a set 5~8" rebar; then S 72° 23' 52" W - 59,72 feet to a set 5/8" rebar; thence S 86° 54' 03" W - 230,96 feet to a set 5/8" rebar; thence Northwesterly 15.75 feet along a 10,00 foot radius curve concave Northeasterly which chord bears N 47° 58' 29" W - 14.17 feet to a set 5/8" rebar on the Easterly Right-of-Way Line of Riverside Drive; thence N 02° 51' 01" W - 9.96 feet along said Easterly Right-of-Way Line to the Point of Beginning, Said tract contains 0.13 acres, The City Attorney is hereby authorized to deliver said Quit Claim Deed and to carry out any other actions necessary to consummate the conveyances required by law. Passed and approved this 24th CIT?'-CLERK It was moved by Vanderhoef adopted, and upon roll call there were: day of Febr'ua~y , 1998. MAYOR and seconded by AYES: NAYS: ABSENT: X X X X X X City~Att~';ney's Office Norton the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef dennis.mit\linder.doc Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 98-69 RESOLUTION AUTHORIZING CONVEYANCE OF VACATED PORTIONS OF WATERFRONT DRIVE RIGHT-OF-WAY LOCATED NORTH OF STEVENS DRIVE AND IMMEDIATELY ADJACENT TO COUNTRY KITCHEN, CARLOS O'KELLY'S, CONTRACTOR'S TOOL AND SUPPLY AND ROBO CAR WASH TO THE OWNERS OF SAID ADJACENT PROPERTIES WHEREAS, the City Council held a public hearing on and adopted an ordinance vacating portions of Waterfront Drive located north of Stevens Drive and south of Highway 6 and adjacent to properties currently occupied by Country Kitchen, Carlos O'Kelly's, Contractor's Tool and Supply and Robo Car Wash; and WHEREAS, said properties, owned by Rosalie Braverman, Darrel L. and David K. Rolph, Thomae/Brogan Partners and Blackhawk Partners, respectively, either own property surrounding or adjacent to the vacated areas; and WHEREAS, pursuant to agreements in lieu of condemnation executed between the above property owners and the City, certain parcels of the vacated right-of-way are to be transferred to each of the adjacent property owners in return for temporary and permanent sanitary sewer easements acquired for the Wastewater Treatment Connection Project; and WHEREAS, the agreed upon transfers are supported by proper consideration and are in the best interests of the public; and WHEREAS, a subdivision plat has been prepared to facilitate the disposition of the appropriate, agreed upon parcels; and WHEREAS, the City does not need the vacated portions of the right-of-way to provide access to property in the area, and appropriate easements for public improvements and utilities will be retained by the City. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and the City Clerk are hereby authorized to execute Quit Claim Deeds conveying the City's interest in the vacated portions of Waterfront Drive located north of Stevens Drive and south of Highway 6 and adjacent to properties currently occupied by Country Kitchen, Carlos O'Kelly's, Contractor's Tool and Supply and Robo Car Wash to Rosalie Braverman, Darrel L. and David K. Rolph, Thomae/Brogan Partners and Blackhawk Partners, as the owners of said properties, respectively. Resolution No, 98-69 Page 2 The Mayor and City Clerk are further authorized to execute and attest appropriate easement agreements for the retention of utility easements for placement and maintenance of public improvements and utilities located within the vacated areas. The City Attorney is authorized to deliver said Quit Claim Deed to the appropriate owners. The deeds, easement agreements and other documentation required by Iowa Code §364.7 (1997) shall be recorded by the City Clerk in the Johnson County Recorder's Office at each property owner's expense. It was moved by Thornberr.y and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 24th day of February , 1998. A~J, oved.:by~., ,//) ,,// CITY CLERK Prepared by: Chades Schmadeke, Dir. of Public Works, 410 E. Washington St., Iowa City, IA 52240; (319)356-5141 RESOLUTION NO. 98-70 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW CREEK INTERCEPTOR AND LATERAL SEWERS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public headng 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 COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid secudty 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. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 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 Civic Center, until 10:30 a.m. on the 14~ day of Apdl, 1998. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 21st day of April, 1998, or at such later time and place as may then be fixed. Passed and approved this 24th CITY CLERK MAYOR /~ Approved/,by-~ City Attomey's Office pweng\res\wlcrkapp.doc Resolution No. 98-70 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X ,. X Champion Kubb¥ Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 98-71 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE 1 PROJECT, MORMON TREK TO GALWAY HILLS, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public headng 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 COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid secudty 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. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 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 Civic Center, until 10:30 a.m. on the 17th day of March, 1998. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 24th day of March, 1998, or at such later time and place as may then be fixed. Passed and approved this 24th ATTEST: Ci' i' i~ CLERK ~' day of February ,19 98 ,.... ,~.pprove~ by City Attomey's Office pweng~res\willow. doc Resolution No. 98-71 Page, 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X, X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: February 17, 1998 To: Steve Arkins From: Rob Winstead Re' Willow Creek Trail - February 24, 1998 Public Hearing A public hearing for the Willow Creek Trail project will be held on February 24. This project was bid last summer but not awarded. You may recall only one bid was received which was 22% higher than the estimate (bid: $257,400 - estimate: $211,000 - difference: $46,400). The combination of receiving only one bid and the difficulties associated with one of the property acquisitions led to the decision of not awarding. We have reexamined and clarified the project plans and have offered the alternative of using asphalt or concrete for the trail surface in an attempt to attract more bidders. We have adjusted our construction cost estimate ($228,500) to be more in line with prices being bid on other trail projects throughout the state. Legal staff informs me that the difficult property acquisition is nearly finalized. We are optimistic that now is a good time to re-bid this project. cc: Rick Fosse Terry Trueblood Dennis Mitchell John Yapp Prepared by: Chades Schmadeke, Dir. of Public Works, 410 E. Washington St., Iowa City, IA 52240; (319)356-5141 RESOLUTION NO. 98-72 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NAPOLEON PARK ENTRANCE AND PARKING LOT IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public headng 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 COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 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. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 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 Civic Center, until 10:30 a.m. on the 10m day of March, 1998. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 10t~ day of Mamh, 1998, or at such later time and place as may then be fixed. Passed and approved this 24th ATTEST: Cl~ClEP, k ,/~ Approved by City Attomey's Office pweng~res~napolapp.doc Resolution No. 98-72 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: O'Donne]] the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Charles Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141 RESOLUTION NO. 98-73 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WATER MAIN-PENINSULA PROPERTY PROJECT. WHEREAS, Maxwell Construction, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $231,207.10 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: That the contract for the construction of the above-named project is hereby awarded to Maxwell Construction, Inc., 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 24th day of February , 1998. AP/I]roved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res\wtrpenin,doc ADVERTISEMENT FOR BIDS IOWA CITY WATER DIVISION WATER MAINS PENINSULA PROPERTY WATER FACILITIES IMPROVEMENT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 AM, on the 19th day of February, 1998, 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 February 24, 1998, or at such later time and place as may then be scheduled. The Project will involve the following 2134 LF 24" Finished Water Main and 2168 LF 20" Raw Water Main along the east property line of the area known as the Peninsula owned by the City of Iowa City. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 4685 Merle Hay Rd., Suite 106, Des Moines, IA 50322, 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 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: Notice to Proceed Date: February 24, 1998 Completion Date: May 25, 1998 Liquidated Damages: $400.00 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 Howard R. Green Company, Consulting Engineers, 4685 Merle Hay Rd., Suite 106, Des Moines, IA 50322, by bona fide bidders. A $25.00 deposit, with no refund, 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 Howard R. Green Company. 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 within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1997), applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any of 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\wtrmnafb.doc AF-2 Prepared by: David Schoon, Econ. Dev. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356- RESOLUTION NO. RESOLUTION ADOPTING THE IOWA CITY DOWNTOWN STREETSCAPE PLAN WHEREAS, the recently adopted 1997 Iowa City Comprehensive Plan identifies a goal of maintaining a strong, accessible downtown that is pedestrian oriented and a cultural, commercial, and residential center; and WHEREAS, the document Downtown Strategy and Proposed Action Plan: Iowa City's Vision for Downtown identifies developing a comprehensive streetscape plan as one means of achieving the above stated Comprehensive Plan goal; and WHEREAS, a downtown streetscape advisory committee of Iowa City residents assisted the streetscape consultant with the development of the streetscape plan; and WHEREAS, given that a significant portion of the proposed streetscape improvements fall within the urban renewal project area known as Iowa R-14, Title 14, Chapter 4, Article E, entitled ,Design Review" of City Code requires the Design Review Committee to review and make a recommendation to the City Council regarding the proposed Downtown Streetscape Plan; and WHEREAS, the Downtown Streetscape Plan has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the Downtown Streetscape Plan be adopted; and WHEREAS, after due deliberation the City Council has concluded that the Iowa City Downtown Streetscape Plan complies with the 1997 Iowa City Comprehensive Plan by enhancing both the Downtown and the general community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT The Iowa City Downtown Streetscape Plan is adopted for use as a design guide to enhance the streetscape of Downtown Iowa City. Passed and approved this day of ,1998. MAYOR Resolution No. Page 2 ATTEST: CITY CLERK Appr~M~,ved by ~. q~ ~/~/~ City Attorney's Office It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef PARTICIPANTS City Council Connie Champion Karen Kubby Ernie Lehman, Mayor Dee Norton Mike O'Donnell Dean Thornberry Dee Vanerhoef Downtown Streetscape Advisory Committee Mark Anderson Nancy Burhans Dierdre Castle Suzanne Gleeson Jonn Gross Matt Hurst Gretchen Holt Brad Kraut Sandy Navalesi Dick Summerwill Larry Wilson Shirley Wyrick Nancy Purington, Public Art Consultant City of Iowa City 410 East Washington Street Iowa City, IA 52240 319-356-5000 Steve Arkins, City Manager Karin Franklin, Director, Department of Planning and Community Development Project Managers: Bob Miklo, Senior Planner David Schoon, Economic Development Coordinator Project Advisors: Susan Craig Jeff Davidson Joe Fowler Rick Fosse Roger Jensen Terry' Robinson Andy Rocca Terry Trueblood Project Consultants: BRW, Inc. 700 So. Third Street Minneapolis, MN 55415 612-370-0700 Bob Kost, ASLA Project Manager Urban Designer Chris Behringer, ASLA Projed Designer Kathryn Ryan, ASLA Project Designer Tim Blankenship Graphic Designer Hawks Design 220 Lafayette Street Iowa City, IA 52240 Laura Hawks, ASLA TABLE OF CONTENTS Introduction ................................................................................1 Purpose of this Plan .......................................................................2 Background and Previous Studies .......................................................3 The Design Process and Participants - 4 Inventory and Analysis of Existing Conditions .........................................5 Objectives and Design Criteria ..........................................................10 Design Framework ........................................................................12 Preliminary Design ........................................................................13 Phasing .....................................................................................17 Maintenance Recommendations .........................................................19 Estimated Costs ............................................................................20 Appendix ..................................................................................21 INTRODUCTION Iowa City's downtown district serves as the historic core of commerce, culture, government and entertainment for the community. Its proximi~/to the University of Iowa campus further enhances the area's vitality and importance with a highly active, student population. Unlike most Midwestern downtowns in the 1970's that suffered from the conversion of their main streets to pedestrian or transit malls, downtown Iowa City's pedestrian mall has contributed significantly to the district's prosperity and livability. The previous urban renewal efforts brought significant pedestrian oriented improvements to the downtown with the City Plaza pedestrian mall, the Gavemar Robert Lucas Square and Fountain and the Clinton Street and Washington Avenue streetscapes. These efforts were further supported by construction of public, off street parking ramps and significant investments by the private sector. Today, the downtown environment is showing signs of significant aging and fatigue. A victim of its own success, worn and deteriorating wood street furnishings are testaments to heavy, year round use. At the same time the many shade trees and extensive brick sidewalks ' within City Plaza have aged well and provide a rich park-like character unseen in most downtowns. The rehabilitation and redesign strategies employed in the Downtown Streetscape Plan attempt to respect the district's history, including the pedestrian improvements of the recent past. As revealed in the plan, some ele- ments are preserved and reconstructed while others are redesigned and replaced. This balance of old and new, reconstructed and redesigned, will keep Iowa City's downtown environment vibrant and supportive of its many functions well into the next century. BACKGROUND AND PREVIOUS STUDIES The development of the streetscape plan was primarily guided by the Downtown Streetscape Advisory Committee along with city staff. Many of the committee members had previously served on the Downtown Strategy Committee. The culmination of their efforts was the Downtown Strategy and Proposed Action Plan: Iowa City~ Vision for Downtown, a twenty-four page report describing goals, solutions and implementation schedules for a comprehensive downtown improvement plan.The streetscape improvement project was one of the recommendations of this plan. Along with the recommendation of a comprehensive streetscape plan a detailed list of associated goals, strategies and improvements was formulated. The three goals of the Strategy Plan that relate most closely to the streetscape plan are: Provide a critical mass of destination points and varied year-round activities that will draw people to the downtown. · Maintain a clean and attractive physical environment in the downtown. · Provide a safe and inviting downtown for residents and visitors. The strategy and improvement recommendations are described in the Objectives and Design Criteria section of this document. Other influential studies and reports include the Iowa Avenue Streetscape Plan, draft 11-3-97; a plan for street and pedestrian improvements along the northern edge of the downtown business district, Iowa City Central Business District Bicycle Parking Study, 12-97; a study of bicycle parking issues and facilities in the downtown area, The Near Southside Design Plan, 12-95; an urban design plan for guiding future public and private improvements south of the downtow~n district the City of Iowa City Multi - Use Project, 3-19-97; a feasibility study for the expansion of the existing library, a new performing arts auditorium, a conference center, structured parking and private development space to be located due south of the library, east of the Holiday Inn at the existing surface parking lot and the Monday Forum directional sign and identity study dated May 22, 1996. THE DESIGN PROCESS AND PARTICIPANTS The Preliminary Downtown Iowa City Streetscape Plan represents the culmination of a concerted effort by the City, downtown business community and concerned citizens. The planning effort was coordinated by the Planning and Community Development Department in conjunction with the design consultant (BRW, Inc.). The formulation of the Plan grew out of a series of discussions and design reviews with The Downtown ,Streetscape Advisory Committee (DSAC), representative city planning, engineering, life safety, library, parks and recreation staff, a public arts consultant and the City Council. The DSAC is comprised of twelve members representing various interests within the community: business owners, property owners, University of Iowa, high school students, design, environment, commerce and the arts. Five plus meetings were held with each of the DSAC and the city staff and two public information meetings were held with the city council prior to the preparation of the Preliminary Downtown Streetscape Plan. The plan represents a general consensus of the DSAC and is presented in draft form herein for further public review and comment. Upon final refinement it will be presented to the City Council for formal adoption and serve as the basis for the preparation of final streetscape design and construction documents. neering department, the University of Iowa and Mid American Energy. The exact project area was defined in conference with the DSAC and is illustrated in the Existing Conditions plan graphic. The project includes approximately ten square blocks contained between Iowa Avenue, Gilbert Street, Burlington Street and Capitol Street. The design of Iowa Avenue is the subject of a separate planning study whose findings have been considered in the downtown streetscape design process. The following subsystems within the downtown were considered as part of the inventory and analysis effort: building facades, landscaping, timber planters, stairs and railings, lighting, electric outlets, public utilities, City Plaza play area, City Plaza fountain, pedestrian pavements, emergency vehicle routes, kiosks, street furnishings and directional signage or wayfinding. A depiction of the overall analysis of the existing conditions is presented in the Site Forces plan graphic. Additional comments are as follows: Building Facades The downtown district contains numerous multi-story buildings built during the late 19th and early 20th century. These "main street" buildings possess attractive facades made of brick and stone with rich detailing, large windows and decorative cornices. They play a critical role in defining the historic character of down- town Iowa City. Vertical streetscape elements should respect these structures and design motifs from this era should be explored for inclusion in the streetscape design. Landscaping Along with the historic buildings, the mature street trees are the second largest contributor to creating the character of the downtown. Many of these trees would benefit from corrective pruning and thinning. There are several under story/ornamental trees within City Plaza which would also benefit from this procedure. Many of the ornamental shrubs along Clinton Street and Washington Street are old and stressed and should be replaced or supplemented with additional plantings. New flower plantings within City Plaza help reinforce the areas' park-like character and should be protected by more substantial, permanent decorative railings. All of the non-pedestrian mall streets could benefit from additional street tree planting. Timber Planters Many of the timber planters are rotting and splitting. They have reached the limits of their life expectancy (15-18 years) and require replacement. Alternative materials should be explored. Stairs and Railings The stairs within City Plaza are constructed of wood timbers. They are very slippery when wet and are deteriorating. They should be replaced with more permanent, non-slip materials. The handrails for the stairways are also in poor condition, pose a safety risk and should be replaced. Lighting and Electrical Outlets The pedestrian lighting system in the downtown does not provide sufficient light levels or adequate light distribution to create an atmosphere of safety or convenience. Many of the sidewalks do not have pedestrian fixtures. A new pedestrian lighting system could help to unify the downtown and make the district feel more safe and pedestrian friendly. Electric service for outdoor electric outlets was reported to be inadequate especially for special events. This will require further investigation by an electrical engineer. Public Utilities Discussions with the city engineer indicate that a new watermain is needed along the north side of College Street between Dubuque Street and Clinton Street within City Plaza. This construction will need to be coordinated with the phasing of the proposed streetscape improvements. No substantial utility reconstruction is required by the streetscape plan however a limited amount of storm sewer ~'econstruction will be necessary if the temporary angled parking along Linn and College Streets is incorporated into the final streetscape design. The city will a~tempt to coordinate any upcoming utility projects within the downtown with the construction of the proposed streetscape improvements. Play Area The play area and play equipment within City Plaza do not meet the accessibility requirement of the Americans with Disabilities Act. The play area is too small for the size and layout of the existing play equipment. Many of the wood support posts are deteriorating below grade and the other wood members require regular replacement. A new, lower maintenance, safer and more accessible play system should be installed. Fountain The existing fountain in City Plaza poses several safety and maintenance problems: the brick veneer is subject to cracking, loosening and staining, the decorative metal water tubes stain easily and require regular repainting, the mechanical equipment is old and worn, and the overall design invites user participation but does not meet any safety or accessibility standards. A new, safer, participatory water feature is recommended. This new water feature could also provide an opportunity to incorporate public art into the streetscape project. Pedestrian Pavements The majority of the downtown walkways are paved in either wire cut brick set on a flexible bituminous base or broom finish and exposed aggregate concrete. These pavements from 20 to 30 years old. For the most part, these pavements are in adequate condition and do not require replacement. However, there are areas of both pavement types that show signs of heaving, cracking etc. and will need to be repaired. Emergency Vehicles The emergency vehicle routes within City plaza were evaluated using current vehicle statistics. Several timber planters will need to be modified as part of the final streetscape design to accommodate this equipment. Kiosks The existing kiosks do not provide sufficient space for posting events, directing shoppers or informing users as to the rules of behavior within City Plaza and the down- town. Their current design is dated in appearance and does not adequately support the needs' of the users or the business owners. Dubuque Street The Dubuque Street area between the Holiday Inn and Burlington Street is an important entry point to City Plaza. This corridor is heavily used by pedestrians and motorists. The area has the overall image of a service drive or alley. The street is over 50 feet wide, the side- walk on the east side is narrow ( approximately 8 feet wide) and pedestrians walking along the east side have difficulty seeing cars exiting from the parking ramp. The pedestrian character of the area should be improved and the connection to City Plaza should be strengthened. Street Furnishings The existing street furnishings: wood benches, wood tables, wood arbors and litter receptacles, show significant signs of deterioration. Their overall image is dated and worn. These items should be replaced with new, lower maintenance furnishings. The design of new furnishings should be compatible with the other new streetscape elements: light fixtures, kiosks etc. Wayfinding & Signage There is a significant lack of directional and informational signage throughout the downtown as well as leading to the downtown. We understand that the Iowa Department of Transportation will not allow the posting of downtown directional signs within any state route rights of way. Therefore emphasis should be placed on wayfinding within the downtown district through the use of strategically placed streetscape elements such as directory kiosks, banners and well designed signs located at the exits of the public parking ramps and attached to structures outside of the state route rights of way. OBJECTIVES AND DESIGN CRITERIA Based on the findings of the Downtown Strategy Committee, discussions with city staff and the DSAC and the inventory and analysis work the following objectives were used in the preliminary streetscape design: · Unify the perimeter streets and City Plaza to create a cohesive, identifiable downtown district. · Retain City Plaza as the focal point of the downtown streetscape plan. Evaluate the physical layout of the existing street furnishings and landscaping so as to make the pedestrian environment feel safe and inviting. Replace the existing play equipment and fountain in City Plaza with safe and attractive alternatives that meet ADA requirements. · Consider the importance of maintenance when replacing any feature or material. · Incorporate new and consistent lighting and increase the level of pedestrian lighting. · Provide adequate electrical outlets and power for special events. · Provide a larger more permanent or temporary stage area in City Plaza. · Designate areas far public art. Increase the numbers of ashtrays and litter receptacles. Provide design and placement locations for modular newspaper dispensers/news racks within City Plaza. Within the downtown, provide directional signs to parking, city hall, City Plaza and other major civic destinations. Incorporate regulatory signage in new kiosks and other appropriate locations. Install a device to report crime (push button telephone) within new kiosks. Improve access for emergency vehicles within City Plaza. Provide additional bicycle storage facilities. Coordinate the Downtown Streetscape Plan with the Iowa Avenue Streetscape Plan. Establish a coordinated image that builds on the historic character of the downtown's buildings and the park-like nature of the pedestrian mall. Preserve and protect the existing shade trees. Replace the wood timber stairs with more permanent, slip proof materials. Provide an area or areas with flexibility for multi- purpose events and public gatherings. Improve plant watering capabilities. 10 Design criteria developed for evaluating the streetscape design are described under the following categories: Streetsc; pe Furnishin§s · Materials should be durable but not eternal. · Colors should be deep, traditional, not trendy. · Replace existing furnishings by geographic area, entire blocks or large groupings. · Coordinate design with Iowa Ave. Project for materials, color, scale and style. · Standardize the color of streetscape furnishings and light fixtures throughout the district. Li§htin Electrical Service · Style should be reflective of city's history. · Standardize fixtures throughout project area. · Color should be deep, traditional, not trendy. · Consider comprehensive upgrade of electrical Service and replacement of pedestrian and landscape lighting. · Provide even level of illumination, avoid over lighting. · Provide additional "landscape" lighting in selected dark locations. · Provide for seasonal and special event lighting. Landscaping · Identify low branching, densely crowned trees for thinning and pruning. · Maintain raised planter design motif. · New understory plantings should generally be low growing and allow visibility of pedestrians. · Add landscaping and street trees to perimeter street boulevards. · Add automatic irrigation or new manual hose bibs to planters. Special Features · Material replacing wood timbers should be durable, warm color. · New water feature should be accessible, safer design, interactive and incorporate public art. · New play area and play equipment should be ADA accessible, safer and more durable. Provide flexibility for cultural events and public art and designate locations for public art and a performance/stage area. Redesign kiosks to support merchants/business owners, and enhance the quality of the downtown environment. Newspaper dispensing system should be accessible, attractive and convenient (perhaps within new kiosk). · Wayfinding system should make it easier to find downtown, major public services and attractions. 11 The third 'phase of construction is concentrated on the boundary and edge streets of the downtown district: Capitol, Burlington and Gilbert Streets. The improvements on these streets primarily consist of pedestrian lighting, landscaping, sidewalk repairs, limited streetscape furnishings and signage. As edge streets, the Burlington and Gilbert Street improvements are proposed to be consistent with the Iowa Avenue Streetscape furnishings: benches, litter receptacles and pedestrian lighting. 18 MAINTENANCE RECOMMENDATIONS The goal of these recommendations is to preserve the appearance, structure and image of the Iowa City Downtown Streetscape. Secondary goals are to keep the downtown attractive to the public, to extend its economic life and to ultimately add to the value of adjacent property. To achieve these goals, the maintenance program must see to it that people with the required skills are properly trained in policies and procedures, and know their jobs well enough to operate without intense supervision. Maintenance services should be provided for all of the amenities being constructed as part of the Improvement Project. General maintenance guidelines for landscap- ing, street furnishings and lighting are as follows: LANDSCAPING 1. Trees - corrective or aesthetic pruning when necessary. Sucker growth removed as necessary, with the objective being not to exceed three (3) inches. Prune up lower branches of trees to provide for proper pedestrian and vehicular clearance. 2. Shrubs - prune shrubs to retain natural form and remove dead or broken branches. 3. Weeding - All planting areas shall be weeded so that weeds do not detract from overall appearance. 4. Watering may be required weekly or infrequently, this determination shall be made by the city. Watering intervals and amount of application will be varied considering prevailing soil moisture and weather conditions throughout the growing season. Generally, the equivalent of one inch of rainfall per week is needed for plant materials. Fertilizing - A fertilizing program shall be developed in accordance with good horticultural practice and in a form acceptable to City staff. Soil amendments, nutrients, and any other ingredients deemed proper and beneficial shall be included in the fertilizing program. Applications shall'be based on need, as determined by soil samples taken from each area. 6. Mulch shall be replenished as necessary to maintain a layer of 3" on the soil surface where applicable. STREETSCAPE FURNISHINGS All litter within City Plaza shall be removed on a regular basis; other areas within the Central Business District shall receive litter removal at least weekly. During winter months, litter removal will be more intermittent. All furnishings shall be maintained in as close to a like new condition as possible, with needed repairs to be performed in a timely fashion. Touch-up painting and application of wood preservative, sealer an or stain shall be done annually. Tree grates are to be removed as needed to clean litter from well. Enlarge trunk openingas trees get larger, check annually. 4. Hose bibs shall be maintained to be in good operating condition at all times. 5. Graffiti shall be removed as per City Administrator's policy. LIGHTING 1. The electrical system shall be maintained in good operating condition at all times. 19 ESTIMATED COSTS The total estimated construction cost for the Downtown Streetscape Plan is $3.5 million dollars. A more detailed breakdown of the estimated costs is presented in the accompanying Preliminary Cost Estimate. The project costs by phase ar estimated as follows: PHASE I: $1,850,000.00 PHASE I1:$1,100,000.00 PHASE II1:$600,000.00 The estimate does not include the south side of Burlington Street. This area is anticipated to be improved as part of the Near Southside Design Plan improvements. However, this area could be added to phase three at a cost of approximately $100,000.00. 2o Downtown Streetscape Plan - City of Iowa City, IA. BRW, Inc. 2.17.98 Preliminary Cost Estimate NO. ITEM 1. UPGRADE ELECTRICAL SERVICE & NEW PEDESTRIAN LIGHTING 2. SITE AMENITIES - BENCHES, LITTER RCPT.. ARBORS, GAME TABLES, & BIKE RACKS 3. MISCELLANEOUS STREETSCAPE REMOVALS 4. ENHANCEMENT OF DUBUQUE STREET FROM HOLIDAY INN TO BURLINGTON STREET CONCRETE & WIRECUT PAVERS - REMOVAL & REPLACEMENT 6. RECLAD TIMBER PLANTERS & REPLACE BRICK EDGING - LIMESTONE AND EXPOSED AGG, CONCRETE 7. LANDSCAPE - MATERIALS & INSTALLATION 8. MANUAL IRRIGATION SYSTEM/HOSE BIBS 9. KIOSKS & EVENT PILLAR (POSTINGS) - REMOVAL & REPLACEMENT 10. WATER FEATURE - REMOVAL & REPLACEMENT 11. STAIRS (CONCRETE) & HANDRAIL - REMOVAL & REPLACEMENT 12. PUBLIC ART - DISPLAY FOUNDATIONS 13. PERFORMANCE - STAGE AREA 14. WAYFINDING SYSTEM - SIGNS & POLES 15. PLAYGROUND - REMOVAL & RENOVATION 16. CONTINGENCY @ 10% SUB-TOTAL 17. FINAL DESIGN, ENGR.. SURVEY, CONSTRUCTION OBSERVATION, & CONTRACT ADMIN. @ 17% TOTAL LS = LUMP SUM, EA = EACH UNIT UNIT PRICE LS $805,000.00 LS $270,000.00 $50,000.00 $50,0O0.00 LS $147,000.00 LS $600,0O0.00 LS $45,400.00 LS $30,000.00 LS $240,000.00 LS $250,000.0O LS $43,000.0O EA. $1,000.00 LS $25,000.0O LS $25,00O.00 LS $10O,000.00 LS $269,040.00 LS $503,104.80 COST SAVING ALTERNATIVES- (HARD COSTS) A: SUBSTITUTE COLORED CONCRETE FOR LIMESTONE WHEN REBUILDING TIMBER PLANTERS: BI: REDUCE SCOPE OF IMPROVEMENTS ON SOUTH DUBUQUE STREET BETWEEN HOLIDAY INN AND BURLINGTON STREET. B2: ELIMINATE SPECIAL TREATMENT OF SOUTH DUBUQUE STREET BETWEEN HOLIDAY INN AND BURINGTON STREET. C: REDUCE OVERALL QUANTITY OF STREETSCAPE FURNISHINGS: D: REDUCE GEOGRAPHIC SCOPE OF STREETSCAPE IMPROVEMENTS, ELIMINATE GILBERT STREET AND A SECTION OF BURLINGTON STREET: TOTAL POSSIBLE HARD COST SAVINGS: (A+B2+C+D) ADDITIONAL SOFT COST SAVINGS $540,000.00 @ 17% = GRAND TOTAL: QUANTITY 1 1 1 1 1 1 10 1 1 1 1 AMOUNT $805,000.00 $270,000.00 $50,0O0.00 $50,000.00 $147,000.00 $600,000.00 $45,400.00 $30,000.00 $240,000.0O $250,000.00 $43,000.00 $10,000.00 $25,000.00 $25,000.00 $100,000.00 $269,O40.0O $2,959,440.00 $503,104.80 $3,402,544.80 -$200,000.00 - $30,000.00 - $50,000.00 - $40,000.00 - $250,000.00 - $540,00.00 - $ 91,800.00 - $631,800.00 .~ ~"~ilr, ~_._ :a~ :~ XION:!ddV City of Iowa City MEMORANDUM Date: February 19, 1998 To: City Council From: Robert Miklo,~Senior Planner David Schoon, Economic Development Coordinator Be: Downtown Streetscape Plan and Iowa Avenue Streetscape Plan Summary of City Council Decision-Making at February 9, 1998, work session At your February 9, 1998 work session, the City Council agreed to place on its February 24 agenda adoption of the Downtown Streetscape Plan and Iowa Avenue Streetscape Plan. Copies of the revised plans are included in your packet. It was made clear at the Council's last meeting that adoption of each plan does not commit the Council to implementing the specifics of each plan, but that each plan provides a design guide to enhancing the overall downtown streetscape. Downtown Streetscape Plan The Council indicated its desire to begin implementing the Downtown Streetscape Plan this construction season with the understanding that the Council would like to continue to explore ways of reducing the overall cost of the streetscape project. Reducing the cost may come in the form of using less expensive materials (e.g. substituting colored concrete for limestone when rebuilding timber planters) or reducing the geographic scope of the streetscape (e.g. eliminating or significantly delaying improvements to Gilbert, Burlington, and Capitol Streets - the edge streets). When the final design plan and construction documents are prepared for Phase 1 improvements, the cost issue will be addressed. Iowa Avenue Streetscape Plan The Council indicated that implementation of the Iowa Avenue Streetscape Plan would be in conjunction with construction of a parking structure adjacent to Iowa Avenue. Given the potential benefits of the project to the University of Iowa, the Council also indicated a desire of having the University financially contribute to the cost of the proposed improvements. Staff will meet with the University to discuss their financial participation in the Iowa Avenue Streetscape project and the proposed parking facility on Linn Street and Iowa Avenue. For the Council's information, staff will be presenting the Iowa Avenue Streetscape Plan to University's Campus Planning Committee on Friday, February 27. f:\agenda\cc0724.doc City of Iowa City MEMORANDUM Date: To: From: Re: February 18, 1998 City Council Jim Schoenfelder, Design Review Committee Staff Assistant Iowa City Downtown Streetscape Plan At its February 17, 1998 meeting the Design Review Committee, by a vote of 5-0, recommended approval and support of the Iowa City Downtown Streetscape Plan as presented in the review draft prepared by BRW, Inc. The Committee understands that as these plans develop, the final proposal for plans and specifications will be brought before the Committee as required by Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review" of City Code. The Committee recommends as plans develop the designers incorporate an abundant supply of trash and cigarette receptacles convenient for users to help reduce pedestrian mall litter problems. jw/mem/js-downt.doc Prepared by: Robert Miklo, Senior Planne~, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. RESOLUTION ADOPTING THE IOWA AVENUE STREETSCAPE PLAN. WHEREAS, Iowa Avenue is an important element of the City's historical design; and WHEREAS, elements of the street including sidewalks, sanitary sewer and lighting are in need of repair;, and WHEREAS, reconstruction of the street provides the opportunity to enhance its design and reemphasize its relationship with the Old Capitol; and WHEREAS, the Iowa City Comprehensive Plan encourages continued investment in downtown; and WHEREAS, implementation of the Iowa Avenue Streetscape Plan is an opportunity for the University of Iowa and the City of Iowa City cooperate in the enhancement of the community; and WHEREAS, implementation of the Iowa Avenue Streetscape Plan will be in conjunction with the construction of a parking facility on the north side of downtown; and WHEREAS, the Iowa Avenue Streetscape Plan provides a design guide for the reconstruction and enhancement of Iowa Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the Iowa Avenue Streetscape Plan be adopted. Passed and approved this day of ,1998. A'I-rEST: CITY CLERK MAYOR ~roved b~lf'~,~ City Attomey's Office ppdad min~es~k:~vaave.doc THE IOWA AVENUE STREETSCAPE PLAN IOWA CITY, IOWA THE IOWA AVENUE STREETSCAPE PLAN IOWA CITY, IOWA Prepared for.. The City of Iowa City Prepared Adamson Clark Landscape Architecture, Inc. Herbert Lewis Kruse Blunck, Architects With the Iowa Avenue Core Committee First printing: February 24, 1998 Table of Contents Executive Summary Intent Overview Master Plan Objectives Master Plan Recommendations Recommended Master Plan I. Introduction Background of Study Contents of Report II. Existing Conditions Project Area History of Corridor Circulation Parking Architectural Character III. Planning Process Public Input Sessions Summary of Findings Urban Design Strategies Design Alternatives IV. Master Plan Design Objectives Circulation Accessibility Parking Site Guidelines Architectural Guidelines Phasing V. Cost Estimates Vl. Appendix Design Alternatives Cost Estimate Page 1 4 5 7 11 18 19 List of Graphics Executive Summary Master Plan 4. 5. 6. 7. 8. 9. 10. Phase One Master Plan (100 Block) Phase One Master Plan (200 Block) Phase One Master Plan (300 Block) 100 Block Master Plan 200 Block Master Plan 300 Block Master Plan 100 Block Building Elevation Perspective Sketch Aerial Perspective Site Furnishings Appendix (Planning Process) 11. 12. 13. 14. 15. Design Alternatives A and B Design Alternatives C and D Design Alternative E Existing Conditions and Phase One Concept Phase Two Concept and Concept Sketches Executive Summary Intent The City of Iowa City seeks to create a streetscape plan that addresses the aesthetic and functional concerns associated with the reconstruction of Iowa Avenue. Coupled with the redevelopment of the downtown streetscape, this project marks a significant improvement for the City and its citizens. The Streetscape Plan described herein will serve as a guide for the anticipated improvements to the Iowa Avenue corridor by defining future pedestrian and vehicular circulation systems, parking areas, urban design strategies and streetscape character. It is intended to establish a vision for quality urban redevelopment that provides figurative and literal connections to the City's history, its environment and its people. Overview The Iowa Avenue corridor from Clinton Street to Gilbert Street, is an urban space with a unique mix of uses. University facilities occupy the north side of Iowa Avenue, local businesses fill the south side of the space, the Old Capitol provides the visual "anchor" to the west, while remnants of the original boulevard lie to the east. Iowa Avenue was originally platted in 1839 and was designed as a ceremonial boulevard connecting the Old Capitol to what was to be the Governor's mansion to the east. As part of a 1960's urban renewal effort, the boulevard between Clinton and Gilbert Street was removed and replaced with double-loaded angled parking. This dominant vehicular presence remains today, and diminishes the strength of the dynamic relationship between the University of Iowa and the City; between the historic Old Capitol and its once grand corridor to the east. The topography of the corridor is relatively flat between Clinton Street and Dubuque Street, with the gradient increasing downward as one travels east to Gilbert Street. Dubuque Street is the main arterial extending from Interstate 80 to downtown, thus adding importance to the Iowa Avenue Corridor as a gateway, welcoming visitors to the city. Master Plan Objectives The following are a series of design goals and objectives that were established by the Core Committee and public input, to guide the master planning process. The Plan encompasses a number of specific proposals to accomplish these objectives. General Ot~jecti¥¢s · Create an urban environment that supports and encourages an active street presence. Establish an appropriate image for the corridor, emphasizing the connections of students and citizens to the City's history, its environment, and the University. Accommodate the corridor redevelopment within the established physical fabric of the City in a way that reinforces and improves existing patterns of circulation, parking and streetscape character. Specific Objectives · Create a 'sense of arrival' to downtown Iowa City and the heart of the University. Accommodate the City and University's long term parking needs, while improving vehicular safety and pedestrian flow through the corridor. · Enhance pedestrian linkages from campus edges to downtown. · Improve the aesthetics of the corridor, recommending a palette of site furnishings. · Preserve the view corridor of the Old Capitol. · Establish a flexible framework for growth that allows for incremental implementation over time. · Improve accessibility for pedestrians, especially those with disabilities. Master Plan Recommendations To achieve these objectives, the master plan addresses parking and circulation, site furnishings, plantings, view corridors, building entries, and underground utilities. A brief summary of the initiatives recommended in the master plan follows: To achieve a more respectful view to the Old Capitol, and to provide broader pedestrian avenues, the master plan proposes centering two lanes of vehicular traffic on axis with the Old Capitol. This will establish a direct visual and spatial connection between campus and the city. The realigned vehicular traffic will be flanked with angled parking stalls, keeping vehicular speeds at a minimum. This, combined with wider pedestrian avenues, creates a framework for local businesses to potentially expand economic opportunities outdoors, into their "front yards". To achieve a recognizable organization of the corridor, the master plan proposes establishing a rhythm of site furnishings and street trees. The furnishings (lights, benches, trash receptacles) shall be black, as to not draw attention away from the shops and restaurants. The street trees will be finely textured, overstory deciduous plantings of Honeylocust, visually connecting the corridor to existing Honeylocust plantings on the Pentacrest. The master plan views Iowa Avenue as the fabric that knits Iowa City to the University. Consequently, the proposed street paving pattern represents this woven effect. Brick or concrete pavers are proposed to provide texture and pay homage to the historic boulevard. The master plan recommends streetscape implementation in phases and should be developed in conjunction with a parking facility on the north-side of downtown. The sequence for master plan implementation will be crucial since the initial improvements will establish the vision and provide the impetus for completion. With the proposed master plan design, improving accessibility for persons with disabilities can be achieved. Wider pedestrian corridors and 'front-yard zones' provide the framework for accessible solutions to building access. Recommended Master Plan The following illustrative master plan (Figure 1, 2 & 3) is the recommended first phase project for the Iowa Avenue corridor. It represents the City's commitment to downtown redevelopment and brings back respect to a corridor rich in history and culture. The first phase of development does displace 69 existing parking stalls, with a portion of those being relocated to Dubuque Street. Figure 1 PHASE ONE MASTER PLAN (100 BLOCIO PARKING LOSS = 44 (: I. -- SSO1 9NI)I~IVd 013018 00~5) NVld ~FI.LSVW :INO :ISVHd PHASE ONE MASTER PLAN (300 BLOCK) PARKING LOSS = 10 Figure 3 Introduction Background of Study The City of Iowa City has had a long tradition of innovative urban design, beginning in the mid-1970's when the City invited the firm of Sasaki and Associates to design the pedestrian mall at College Street and Dubuque Street. The Iowa Avenue corridor, however, was not made part of the City's urban renewal effort. In July '1997, the City hired Adamson Clark Landscape Architecture, Inc. of West Des Moines, Iowa to prepare the Iowa Avenue Streetscape Plan. The study effort began in July '1997 with a kick-off meeting that included discussion of goals, opportunities and concerns. The meeting also initiated the advice and counsel to the consultants of the Master Plan Core Committee which consisted of the following members: Master Plan Core Committee Members: · Gerry Ambrose, Owner of G. A. Malones · John Brehm, Planning Intern, City of Iowa City · Bob Brooks, University of Iowa · Jim Clayton, Owner of the Soap Opera · Rick Fosse, City Engineer, City of Iowa City · Joe Fowler, Parking and Transit, City of Iowa City · Bob Miklo, Senior Planner, City of Iowa City · Sandra Navalesi, Owner of Dulcinea · Dave Ricketts, University of Iowa · Emily Rubright, Project GREEN David Schoon, Economic Development Coordinator, City of Iowa City Sheri Thomas, Maintenance Director, City of Iowa City · Larry Wilson, University of Iowa II. Contents of Report The Streetscape Plan identifies existing conditions of the corridor in Section II and describes the planning process in Section III. The resultant streetscape design and recommendations are presented in Section IV. The final section discusses potential cost and phasing alternatives. Existing Conditions View East from Old Capitol (1916) i' ' ' '. ..~:.:. · ;.~-,~_ .... ::~ ..~ '. ....~"~ ~"'"'..:',"' .~.7~.' Project Area The Iowa Avenue Streetscape Plan project area consists of City-owned right-of-way along Iowa Avenue, from Clinton Street to Gilbert Street. This includes the intersections of Dubuque Street and Linn Street. The study area is approximately 120' wide and '1300' long. The Iowa Avenue corridor is located in the heart of Iowa City. Iowa Avenue constitutes the northern edge of "downtown" Iowa City, with businesses occupying the south side of the street. The north side of Iowa Avenue is filled with academic structures, owned by the University of Iowa. iowa Avenue's topography increases over twenty feet between Clinton Street and Gilbert Street. This topographic change has created accessibility problems at businesses as well as university building entrances. History of Corridor Much has been written about the rich history of the settlement of Iowa City. Last minute changes to the original 1839 survey greatly impacted the Iowa Avenue corridor. As the survey began, draftsman Leander Judson suggested that, instead of locating the Capitol on the four blocks crossed by Market and Gilbert Streets, the Capitol ( and Capitol Square ) be moved west "to a commanding spot overlooking the river." Iowa Avenue would be the connection beteen the state capitol and governor's home. Because the State Capitol was moved to Des Moines, the Governor's mansion was never built in Iowa City. S uo!l~ln3.q3 .mln~!q3^ '~pX3!q pue '(.l!eq313:~q,v,. pue ~,ooj. $u!pnpu!) ue!J~,sgp~d '(S:~ID!bI:~A :~D!AJ3S pue 's~snq 'sJ~3 Su!pnpu!) JelnD!q:~A :Jop!.lJo3 ~up, u! ~,s!x3 ~,U~LUg^OLU Jo SUe~LU D!seq uo!leln:u!:) :: ¥ · Existing Angled Parking Existing Building Facades 100 Block South III. Pedestrian Circulation Due to the proximity of the University of Iowa campus (north and west, the edge of downtown (south) and residences (east), the Iowa Avenue corridor accommodates heavy pedestrian use. The east-west movement of pedestrians is typically heaviest between classes. It is during this time that the corridor becomes an extension of campus, providing narrow pathways of access. There is some pedestrian flow from north to south at the four intersections of the corridor. Minor pedestrian movement occurs mid-block, typically when students or shoppers leave their auto and walk to the nearest pathway. In the same locations, the walkways are too narrow for safe accessible movement. Bicycle Circulation The size and distribution of bike racks, and impromptu bike parking areas indicate a concentration of bike parking near campus facilities. Qn city property, bike traffic is allowed only on city streets. Bike traffic occurs on walkways and streets on University property, causing some bike and pedestrian conflicts. In general, there is respect for the pedestrian only nature of the walkways. Parking Iowa Avenue is utilized as a parking lot for students, shoppers, employees and visitors alike. Currently, there are 261 parking spaces within the three-block Iowa Avenue corridor. This total includes shared service parking spaces. All of the parking stalls are metered. A majority of the weekday users are University students driving to and from class. A minority of the parking users were observed to be patrons and employees of Iowa Avenue businesses. Architectural Character The corridor consists of a wide variety of building styles ranging from domestic to institutional. Iowa Avenue functions as a divider or transition between campus buildings and downtown businesses. Consistency among architectural style and materials is a function of the specific context of each building or group of buildings. A strong case can be made for fostering architectural harmony in cases where groups of buiJdings are closely aggregated and share common uses. Since the business buildings are so diverse in architectural style, the streetscape will need to play a stronger role in creating visual coherence. Planning Process Public Input Sessions In August of '1997, a day-long public input session was held in the City's council chambers. The goal of this session or "charrette" was to involve a wide variety' of City and campus constituents in the planning process, utilizing the scenario to bring all interests and agendas to the table. The following groups were provided the opportunity to present their goals, opportunities, and concerns of the Iowa Avenue improvements. 8:00 9:30 10:30 11:30 1:00 2:30 4:00 5:30 Iowa Avenue Businesses and Property Owners Design Review Committee, Historic Preservation, Historical Society & Project GREEN Monday Forum & Downtown Association Council on Disability Rights and Education Planning and Zoning, City Council & University Administrators Public Works, University Infrastructure & Safety Open Session to the Public Core Committee Summary of Findings Common themes were discussed in every input session, but each group brought their own perspective and values to the consultants. A summary of charrettes results include: Parking is a premium. A zero-net loss is desired. 2. The corridor is unique to Iowa. Don't replicate history; respect it. Iowa Avenue is the gateway to downtown and should look like it. 4. Connect the University with the City. Better accommodate pedestrian traffic. This is an incredit~le opportunity. Think 'big picture'. Throughout this phase of the study, information obtained from the various groups, together with the consultant's findings, was analyzed and reviewed with the Core Committee. Urban Design Strategies The primary goals of the master plan are to create a cohesive identity for the Iowa Avenue corridor and to refocus the connection between 8 culture and its environment and between the locale and its people. The corridor, over time, has become vehicle dominated to the excess of functioning more as a parking lot than a conveyance mechanism. This plan recommends recapturing the essence of the corridor - an axial relationship to Old Capitol-while minimizing net parking losses in the immediate area. In addition, the plan calls for clarification and demarcation of distinct vehicular, pedestrian, landscape furnishings and front yard zones to minimize conflict and create order and hierarchy within the corridor. Entries of buildings and businesses will be accessible and will be visually connected to the corridor. Architectural guidelines recommended within this report would be implemented to further create a cohesive bond to the street. The zones of the plan necessary to create such an order of cohesiveness are defined as follows (from the centerline of the street to the building facade): Vehicular Movement Zone This zone is dedicated to moving traffic. Two traffic lanes (one on each side of the street centerline) will replace the "median parking" areas. This will align the traffic on the axis of Old Capitol providing a visual and textural connection of the history of the place for the vehicle passengers. Parking/Loading Zone This zone allows angled parking and parallel loading areas along the commercial building fronts and angled parking along the University side. Landscape and Furnishings Zone With the extra space created by elimination of the median parking, the plan shows a zone dedicated to trees, lights (both street and pedestrian) and light bases which double as benches. This four foot wide space creates a buffer from the parking. Pedestrian Zone This is perhaps the most critical zone. A well-defined '13~foot wide linear space is provided for an open and unencumbered walk along both sides of the corridor. Front Yard Zone This place is perhaps the least defined zone. This is by design. The name "Front Yard" was used to give a sense of individuality to the space. This is where the building users may work with the City to create a unique and meaningful space that may be as simple as a paved area allowing tables to be placed for caf~ style eating to an intimate raised caf~ area. The zone is approximately 13 feet wide and may be defined by landscaping or a fence. This fence is another opportunity to promote both variety and continuity. The fencing should all be of similar height and color, while the design and material may vary slightly. It will be up to the businesses to choose the extent of the development of their front yard, but will be required to fall in line with certain predetermined covenants and guidelines for this zone. On the University side, this zone may be used as an additional Landscape Zone and a space to create seating areas and provide a special entry to courtyards and University buildings along the corridor. In addition to these zones, special pavement opportunities will create a special place for both vehicular traffic and pedestrians. The infusion of a woven fabric pattern made from unit pavers in the street and parking zones will metaphorically and visually lace the corridor together. By basing the dimensions of the pattern on the parking space widths and orientation, a functional pattern emerges that may eliminate the need for paint striping each parking stall. Nine foot wide alternating brick colors provide the definition of each stall and create a three dimensional patchwork design perhaps recalling quilt designs from the nearby Amish communities. The design, shown in three colors, might represent important icons of Iowa City; its culture, heritage and people; or the intertwining of enterprise, community and history. The pedestrian walkways will be simple as not to distract from the building facades and architecture. The use of indigenous materials such as the Iowa City limestone (the same limestone used in Old Capitol) brings a sense of permanence to the corridor. This limestone will be used as light and kiosk bases and as benches doubling as light bases. The lighting will be of a design that aesthetically fits the corridor. The photometrics will be designed to provide low~glare, sharp cutoff light for the street and soft glowing pedestrian light for the walkways. The walkway lighting will wash the pavement with pools of light that will not conflict with each business facade lighting scheme. It is imperative to allow the facade lighting and interior lighting to be the prominent lighting at the walk level. The street tree strategy is simple. Choose a finely leafed, open branched species, such as Honeylocust, which has a high tolerance to urban conditions. The trees will be planted in carefully chosen locations that will not effectively block the views of the building fronts, windows and signs from the vehicular zone. It is a delicate balance between providing shade for comfort, climate control and maximum visibility of the buildings. A compromise must be struck. l0 IV. Design Alternatives During the conceptual design phase, a series of streetscape alternatives were prepared. These alternative concepts are discussed in detail in the Appendix. The concept studies probed several aspects of future streetscape improvement including parking displacement and reallocation, traffic realignment, and pedestrian walkways. After review of these concepts, the Core Committee selected a concept plan that combined elements of several of the alternatives. The master plan was then developed from this concept. The preferred concept took elements of concepts A, B, C & E and proposes a phased approach to streetscape development. The preferred plan was presented to the Core Committee and the City Council, and direction was given to proceed into master plan development. The Core Committee discussed a concept of leaving the existing parking and vehicular circulation as is and adding new lights, benches, trash receptacles, and banners. This 'cosmetic approach' was not recommended for several reasons, including: it would not create a unique environment for which to attract shoppers. pedestrian circulation and accessibility would not be improved by only changing site furnishings and lighting. it would not address the corridor's heritage and would be viewed as a temporary solution. Master Plan Design Objectives The Streetscape Plan is illustrated in Figure 8. Several key design objectives lie behind the disposition of roadway, parking, walkways and street furnishings recommended in the Master Plan. At the most general level, the Master Plan seeks to: · Create an urban environment that supports and encourages an active street presence. Establish an appropriate image for the corridor, emphasizing the connections of students and citizens to the City's history, its environment, and the University. Accommodate the corridor redevelopment within the established physical fabric of tl~e City in a way that reinforces and improves existing patterns of circulation, parking and streetscape chsracter. At a less general level, additional design ot3jectives guide the plan. · Create a 'sense of arrival' to downtown Iowa City and the heart of the University. Restricted Pedestrian Way Accommodate the City and University's long term parking needs, while improving vehicular and pedestrian flow through the corridor. · Enhance pedestrian linkages from campus edges to downtown. · Improve the aesthetics of the corridor, recommending a palette of site furnishings. · Preserve the view corridor of the Old Capitol. · Establish a flexible framework for growth that allows for incremental implementation over time. The historic and axial structure of the Iowa Avenue corridor is very strong and appealing. The Master Plan builds on existing patterns and recommends changes only to clarify, enhance, or establish better connections that now exist. The following section of this report describes the key concepts behind the design of the streetscape improvements. Circulation Vehicular Circulation It is recommended that two lanes of traffic become centered (on axis) with the Old Capitol. This realignment of Iowa Avenue is a major requirement for achieving the goals of the master plan. In Phase One, traffic is proposed as two-way. In future phases, traffic is proposed as one-way, westbound. This reorientation of traffic provides a strong visual connection to the Old Capitol. Returning to the historic landscaped boulevard islands was discussed in early meetings. Based on the program requirements, the consultant determined that due to the narrow corridor, any open space should be dedicated to the pedestrian walk, vays. Pedestrian Circulation With vehicular traffic centered on Iowa Avenue, the increased space from building face to curb will allow pedestrians greater, and safer, movement through the corridor. The master plan offers the pedestrian numerous seating opportunities while allowing unprecedented access to sidewalk cafes, street vendors and outdoor art. Tree lined pathways offer shade on warm days and rhythmically march through 12 The corridor. Light will be at levels that invite night time pedestrian traffic, offering a safe and aesthetically pleasing route of travel. Accessibility Accessibility to businesses that are above the sidewalk elevation can be addressed in the "front yard" zone, adjacent to the Iowa Avenue businesses. This may be accomplished with a ramp or mechanical device. It is anticipated the accessible route will occur outside of the main pedestrian zone. It should be emphasized that because the City may not implement phase 2 of the plan for several years, it would be appropriate to change angle parking to parallel parking on the south side of the 200 block to improve accessibility for persons with disabilities and other pedestrians. By changing parking orientation, sidewalks are wider, allowing business owners more flexibility in addressing building access. As each block nears implementation, the designers will need to work with each individual store owner to devise each unique accessibility solution. Parking Currently, there are 26'1 parking spaces (including shared loading zones) within the study area. The Master Plan recommends,in Phase One development, relocating a portion of the 69 displaced stalls to neighboring side streets, such as Dubuque Street. In order to meet the long-term parking demand in the Iowa Avenue corridor, the plan recommends alternate sites for a new parking structure. One site lies east of Spence Labs and is currently owned by the University. This site is part of the University's long range parking plan and offers the opportunity to develop the structure as a joint venture with the City. The other site is on the south side of the 300 block of Iowa Avenue. A parking structure of 350-400 stalls would replace the 130 stalls lost in full corridor development, plus allow additional stalls for growth. Parking decks are recommended as a land-conserving, land use strategy necessary for downtown redevelopment. Site Guidelines Street Trees Providing for the health and well being of living plants in the urban landscape is a challenge for any master plan. The answers lie at the core of the design - providing a rich growing media for the roots to thrive unencumbered by compacted, soil and provide for a long term continued health and maintenance regime beginning immediately after the plant is placed in the ground. This strategy basically consists of using a stone-soil mix that allows 95% compaction, standard proctor method and still creates cavities for roots to grow and thrive under the pavement. The master plan recommends that the City research this strategy and recommends that '13 this stone~soil media be applied to the walk areas where street trees are proposed. In addition to this, a continuous four-foot wide, pre- cast concrete, tree grate will be slotted to maximize moisture and nutrient availability to the tree roots. The tree species selected will be a finely leafed, open branched, upright growing species (Honeylocust) that will tolerate urban conditions under standard care and maintenance. It is recommended that a long term, high level commitment to the health and care of the tree be made by the City to ensure an adequate growing environment for the trees. Periodic pruning and trimming of these trees will be necessary to maintain and control visibility to the building facades from the street. Seasonal root feeding is recommended as a part of the annual tree care regime. Site Furnishings As we reconfigure the corridor to create a more vibrant, roomier and hospitable space for the visitor to experience, a need for furnishings to strengthen and complete this space becomes evident. The addition of lighting, benches, bicycle racks, ash urns and sculpture are as follows: Lighting will be functional yet create a placid mood and a comfortable degree of safety. Four types of lighting will be incorporated into the corridor. Street lights, pedestrian lights, facade lights and special accent lighting. The streetlights will have a subtle visual recall of the Old Capitol Dome. They will be sharp cutoff type fixtures with a metal halide light source that directs the light away from the pedestrian walkway and the building facades and towards the street and parking zones. The pedestrian lights will be attached to the same streetlight pole, providing a diffused light back down the walkways. This lighting is intended to create a calm of pools of light that advance down the walkways to invite the pedestrian to stroll down the length of the walkway to their intended destination. The master plan recommends that the selected light fixture be unique to the Iowa Avenue corridor and part of a overall lighting plan for the downtown. Based on discussions with the Downtown Streetscape Committee, an historic, globe fixture is proposed for downtown use. Although thiswould not be appropriate for the Iowa Avenue corridor, due to the more modem University architecture ,the two projects should be coordinated from a site furnishings stand point, allowing both to convey appropriate design context. Facade lighting is created by washing the building fronts with light. This will be by the design of the business owner and will adhere to the architectural guidelines. Special accent lighting will be reserved for illuminating kiosks, sculpture and quotations or poetry inscribed 14 Fountain at Dubuque St. and Iowa Ave. (1929) into granite plaques in the pavement at each of the limestone light bases. Benches, trash receptacles, and ash urns are recommended to be of the same manufacturer and of the same color. Landscape Forms Inc., (LFI) provides a well designed, durable product that would compliment the corridor. The master plan recommends all site elements be painted a color, consistent with that of the Downtown Streetscape site furnishings, which will be black or dark grey. This includes tables and chairs at outdoor carl's or at outdoor study areas along University buildings. Bike racks should also be painted the black or dark grey color and of either the modified ribbon style or the hanger style. Kiosk structures are also part of the site furnishing package. They should relate to the light fixtures and benches, as these are the primary site furnishings. The kiosk should be respectful in design and be of durable materials. It should contain information about the City and the University, allowing some room for spontaneous signage. A concept sketch is included in this report. (Figure 10) Gateway The intersection of Iowa Avenue and Dubuque Street is perceived as the front door to downtown and to campus. The master plan recommends development of the intersection as a significant landmark. With the pedestrian skywalk being constructed just to the north, this intersection must be carefully studied by a designer. Without knowing what the pedestrian skywalk looks like, the master plan can only recommend in general terms and guidelines. The intersection does serve as a welcome mat for the downtown streetscape project as well. While Iowa Avenue is viewed as a unique corridor unto itself, the intersection at Dubuque street can begin the streetscape and site furnishing transition, connecting the pedestrian mall to Iowa Avenue. As it has been documented, a fountain feature was located amidst the boulevard at the same intersection. The master plan recommends that if a water feature is designed for the intersection ,that it functions as sculpture for the period of time when the water is shut off. The gateway design should be broken out as part of the design development phase of the phase one project~ Public Art The enrichment of community through the addition of outdoor sculpture should be a constant goal of the City and the University. Such works, however, should be carefully selected and located to maintain a high quality standard. 15 Sculptural elements should be integrated with their surroundings rather than simply placed in a convenient spot. Works should be done by local artists and of universal qualities that will endure. Outdoor Dining/Vendors It is the intent of the master plan to create a vibrant streetscape and this concept includes business opportunities. Sidewalk carl's and outdoor retailing should be encouraged, on the south side of Iowa Avenue, by the City. On the north side of the corridor, licensed vendors should be allowed to travel the north walkway to distribute hot dogs, coffee, or other mobile food products. The master plan does not recommend allowing vendors to travel the south walkway as they may directly take business away from existing businesses. University Projects Construction of the new Biology building is underway as this report is being completed. Also, plans are being drawn up for the renovation of the main entrance to the Spence Labs building. The master plan proposes allowing the Biology and Spence Labs entry projects to develop independently of the Iowa Avenue streetscape design. The reason for this is that since the '~00 Block would be the first to be constructed, it may be years before the City would implement the 200 and 300 blocks. The Biology project is located in the 200 block and Spence labs is located in the 300 block. If the City were to construct the entire corridor in 1998 or 1999, then greater coordination would be required between projects. Finally, the amount of reconstruction of the two projects at the time of streetscape implementation does not warrant pre-designing these two projects. Architectural Guidelines The goal of writing design guidelines is to establish general parameters for future building construction or remodeling that will help create a coherent and attractive corridor. The goal is not to exert excessive control over future designers. Thus, the following guidelines are offered as principles, not as prescriptions. The master plan recommends that new buildings should be made of durable materials and not of temporary or shoddy materials. Materials most in keeping with the corridor are brick, stone and concrete. The remodeling of existing business facades should respect the historical nature of the corridor. Examples of appropriate fa~:ade remodeling are G.A. Malones and Brueggers Bagel Bakery. Bright colors are not recommended. The City should provide incentives to the private sector to reinvest in their buildings and the corridor. Buildings should be relatively straight- forward in their design with good proportions, visible points of entry, and well-crafted expression of human scaled elements such as windows, doors, door frames, 16 steps, ramps and rails. Glass should not be reflective or smoked but should allow observation of activity inside the building. The architectural strength of the corridor is two-fold. On the south side of Iowa Avenue, businesses were originally developed as "main street" type storefronts at the turn of the century. Although historically accurate restorations are not necessary, renovations that emphasize the use of display windows and welcoming entryways would allow businesses to take advantage of the increased pedestrian activity and the "front yard" zone. For businesses that do not require or desire display windows, designs which convey the appearance of display windows is recommended. On the north side of Iowa Avenue, original brick University buildings eventually gave way to pre-cast concrete structures. Since architects are typically involved in the design of these facilities, the master plan recommends requiring the designers to address how the new design or renovation relates, in human scale, to a vibrant, pedestrian-active corridor. Any new buildings should embrace Iowa Avenue, not turn its back or rise above it. Phasing The master plan recommends that the City construct the 100 block of Iowa Avenue as a Phase One project. This could be built independent of completion of a parking structure, as most displaced surface stalls are relocated to Dubuque Street. It is recommended that the City begin preliminary steps toward the design and construction of a north- side parking structure. The completion of Iowa Avenue streetscape is dependent upon this parking structure. By the constructing the first block, the City begins to convey a vision to citizens and visitors alike. Depending upon the success of Phase One and the financial position of the City, future phases should be constructed as soon as practical. 17 Cost Estimates As requested from the Core Committee, the master plan illustrates alternative cost options. All cost opinions shown include general conditions, contingency (10%), design fees, contractor overhead and profit. It should be made clear that the proposed costs are 1998 dollars and as years pass between phases, the costs should be increased accordingly. Phase One Alternate A: (see Appendix for detailed breakdown) Alternate B: (see Appendix for detailed breakdown) Alternate C: (see Appendix for detailed breakdown) $1,200,000 $875,000 $600,000 Phase Two ( 200 and 300 Blocks ) Altemate A: $2,400,000 (see Appendix) Alternate B: $1,750,000 (see Appendix) Alternate C: $1,200,000 (see Appendix) 18 VI. APPENDIX Design Alternatives Concepts A through E were presented to the Core Committee in the following summary: Concept A: Replace the angled parking on the south side of the eastern two blocks of Iowa Avenue with parallel parking. · 5% parking loss · 261 existing pkg. spaces · 248 proposed spaces(-13) · Parking loss could be recovered with one block of Washington Street converted to diagonal. Pro's: Low percent parking loss Easily recovered parking loss within a block of original location. Some extra space is acquired in front of the existing businesses on the south side of Iowa Avenue. Con ~: [] Only 10' extra space acquired in front of the existing businesses on the south side of Iowa Avenue. n Streetscape becomes asymmetrical. n Not enough space is gained to make much of an impact on the existing streetscape, other than the &B's. (Bricks, Benches, Bollards & Banners) Concept 'B': Reconfigure the westernmost block of the site to a two-lane, one-way drive down the center flanked with metered, parallel parking spaces and loading zones. · 23%parking loss · 261existing spaces · 202 proposed spaces (-59) · Parking loss could be recovered with two blocks of Washington Street converted to diagonal. Pro's: [] Parking loss can be regained as surface parking within a block of original location. [] High aesthetic impact is made on the westernmost block of Iowa Avenue. n Symmetry is maintained. n Layers of streetscape elements are formed. Opportunity to introduce increased bike parking to Iowa Avenue. 19 Cons: Greater parking loss [] Most improvements are concentrated on one block only. [] Not much space is gained for the businesses along east two blocks. Concept 'C': Implement the westernmost block as stated above and convert the remaining two blocks into a two-lane, one-way central drive flanked by 45° angle metered parking spaces. · 55% parking loss · 261 existing spaces · 116 proposed spaces (-145) · Parking loss is reduced to 6% (15 spaces)with three blocks of Washington Street converted to diagonal parking (82 spaces gained) and three blocks of Jefferson Street converted to diagonal parking (48 spaces gained). Pro's .. High aesthetic impact is made on entire streetscape. [] Cars drive directly on the axis, terminating on the Old Capitol Building. [] Extra space is gained throughout the entire three block Iowa Avenue corridor. n Layering of streetscape elements is continued throughout the entire corridor, unifying and organizing the space. [] One way traffic westbound ties in with the pattern already set up by Market, Jefferson and Washington. [] [] Con's: Higher parking loss. 15% of the lost spaces can not be replaced as surface spaces. Jefferson Street is classified as an arterial and may not lend itself to angle parking. Also, there are several mature trees_along the street which may either remain and greatly impact the 48 spaces gained or will be removed and replaced with new street tree plantings. Concept 'D':Construct all three blocks of Iowa Avenue as a two-lane, one- way central drive flanked by metered parallel parking spaces. · 70% parking loss · 261 existing spaces · 79 proposed spaces(-182) · Parking loss is reduced to 20% (52 spaces) with three blocks of Washington Street converted to diagonal parking (82 spaces 20 gained) and three blocks of Jefferson Street converted to diagonal parking ( ~8 spaces gained). A parking structure is recommended in this concept to fully regain parking. Pro's: Layering of streetscape elements is absolutely consistent throughout corridor. [:] Maximum amount of space is achieved along businesses along the south. [] Total symmetry is respected throughout the corridor. Con 's: Highest parking loss. Parking structure is required to regain parkin8 loss. Jefferson Street is classified as an arterial and may not lend itself to angle parking. Also, there are several mature trees along the street which may either remain and greatly impact the 48 spaces gained or will be removed and replaced with new street tree plantings. Concept 'E': Iowa Avenue parking remains 'as-is'. · 0% parking loss · 261 existing spaces · 261 proposed spaces · No parking loss mitigation is needed Pro's: [] No parkin8 is lost [] Cosmetic fix-"tune-up" Con's: [] Not much aesthetic and organizational impact is possible except for the 4-B's (Bricks, Benches, Bollards, and Banners.) [] Corridor does not tap into historic, commercial, educational potential. [] Cosmetic "tune-up" is all that is all that is achieved. Through several rounds of discussion, questioning, and criticism, a single concept emerged for corridor development that became the basis for the master plan. The preferred concept took elements of concepts A, B, C & E and proposals a phased approach to streetscape development. The preferred plan was presented to the Core Committee and the City Council, and direction was given to proceed into master plan development. 21 Figure 11 Figure 12 Figure 13 Figure 14 Figure 15 Cost Estimate: Iowa Avenue Streetscape Plan Phase One Alternate A $1,200,000 Demolition Earthwork Unit Paver Street with Concrete Sub-base Concrete Curb and Gutter Concrete Sidewalks with Colored Concrete Bands Sidewalk widening at 200 Block (South Side) Utility Adjustments Pre-cast Concrete Tree Grates Benches Trash Receptacles Parking Meters Bike Racks Trees Kiosk with limestone base Light fixtures with limestone base, Clinton to Gilbert General Conditions Design Fees $70,000 $'10,000 $350,000 $15,000 $125,000 $30,000 $30,000 $60,000 $20,000 $7,000 $40,000 $7,000 $20,000 $40,000 $100,000 $130,000 $130,000 Alternate B $875,000 Demolition Earthwork Unit Paver Intersections (2) with Concrete Street Concrete Curb and Gutter Concrete Sidewalks with Colored Concrete Bands Sidewalk widening at 200 Block (South Side) Utility Adjustments Pre-cast Concrete Tree Grates Benches Trash Receptacles Parking Meters Bike Racks Trees Kiosk with limestone base Light fixtures with limestone base, Clinton to Dubuque General Conditions Design Fees $70,000 $10,000 $200,000 $15,000 $125,000 $30,000 $30,000 $6O,OOO $20,000 $7,000 $30,000 $7,000 $20,000 $40,000 $35,000 $80,000 $80,000 22 Alternate C $600,000 Demolition Earthwork Concrete Street with Concrete Curb and Gutter Concrete Sidewalks Sidewalk widening at 200 Block (South Side) Utility Adjustments Pre-cast Concrete Tree Grates Benches Trash Receptacles Re-use of ex. Parking Meters Bike Racks Trees Light fixtures with limestone base, Clinton to Dubuque General Conditions Design Fees $70,000 $10,000 $150,000 $70,000 $30,000 $30,000 $30,000 $10,000 $5,000 $10,000 $5,000 $15,000 $35,000 $60,000 $75,000 Phase Two (200 and 300 Blocks) Alternate A (includes similar scope as Phase One, AIt. A) Alternate B (includes similar scope as Phase One, AIt. B) Alternate C (includes similar scope as Phase One, AIt. C) $2,400,000 $1,750,000 $1,200,000 23 Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. 98-74 RESOLUTION RECLASSlFYING THE POSITION OF MW II - WASTEWATER TREATMENT PLANT IN THE WASTEWATER DIVISION OF THE PUBLIC WORKS DEPARTMENT AND AMENDING THE AFSCME PAYPLAN WHEREAS, Resolution No. 97-73, adopted by the City Council on March 4, 1997, authorized permanent positions in the Wastewater Division of the Public Works Department for FY98; and WHEREAS, Resolution No. 96-147, adopted by the City Council on May 21, 1996, established a classification/compensation plan for AFSCME employees; and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities performed; and WHEREAS, the AFSCME Classification Review Committee has reviewed the changes in the position of MW II - Wastewater Treatment Plant and determined reclassification is warranted. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT the position position of MW II - Wastewater Treatment Plant be reclassified from grade 6 to grade 7 of the AFSCME pay plan. Passed and approved this 24th day of CITY'GLERK mgr~asst\res\18a.doc February ,1998. MAYOR Approved by Atto; ey's Resolution No. 98-74 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: No~'ton the Resolution be AYES: NAYS: ABSENT: X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef PF6 Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa ) 356-5026 ~:~ RESOLUTION NO. ~' RES JTION RECLASSlFYING POSITIONS IN THE W/ASTEWATER DIVISION AND LANDFILL DIVISION OF THE PUBLIC W(~KS DEPARTMENT AND THE AFSCME PAYPLAN WHEREAS, permanent positions FY98; and No. 97-73, adopted by the the Wastewater and Landfill on March 4, 1997, authorized of the Public Works Department for WHEREAS, Resolution classification/comr 96-147, adopted by City Council on May 21, 1996, established a lan for AFSCME er )1oyees; and WHEREAS, the classification an of the reflect through job classificatio~ and performed; and Iowa City was established and is maintained to the level of job duties and responsibilities WHEREAS, the AFSCME positions of MW II Wastewater reclassification is warranted. Review Committee has reviewed the changes in the 'reatment Plant and MW I Landfill and determined NOW THEREFORE BE IT RF IOWA THAT: THE CITY COUNCIL OF THE CITY OF IOWA CITY, 1. tToh;raP~;i~'°~f~ther~Sl~lV~ pay n. Treatment Plant be reclassified from grade 6 2 The posi"on of MW I Landfill ~ reclassified from grade 4 to grade 7 of the ' AFS~;~';y~lan. - ~ Passed and appr~ this day of ,1998. ~ MAYOR ~ / ~ / ~ ATTEST' ~ "~ ~ ~' ~ITY CLERK Cite ~ ~ Prepared by: Ron Boose, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5122 RESOLUTION NO. 98-75 RESOLUTION ESTABLISHING A FEE FOR TEMPORARY USE PERMITS. WHEREAS, temporary principal and accessory uses are increasingly in demand in our community; and WHEREAS, it is deemed that with appropriate performance criteria, temporary uses should be allowed in all zones throughout the community; and WHEREAS, it is in the public interest to encourage short-term activities through the use of temporary use permits; and WHEREAS, the City Council has adopted an ordinance allowing and regulating temporary uses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT THE FOLLOWING FEES BE ADOPTED FOR THE AFOREMENTIONED SERVICE: Temporary Use Permit Fees. 1. A fee of $75 for the issuance of each initial temporary use permit. 2. A fee of $25 for the issuance of subsequent permits issued to the same applicant for the same use at the same location within one year of the expiration of the original permit. This fee shall be effective after passage and publication of the enabling ordinance, but no sooner than March 4, 1998. Passed and approved this ?4th ATTEST: '/~~ ~ ClT'~CLERK hisblgtres/temp-use.d oc day of Feb/~ MAYOR Resolution No, 98-75 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared Ron Boose, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240,356-5122 RESOLUTION NO. ESTABLISHING A FEE FOR TEMPORARY WHEREAS, temporary and and accessory uses are in demand in our community; WHEREAS, it is deemed allowed in all zones throu with appropriate the community; and criteria, temporary uses should be WHEREAS, it is in the public use permits; and encourage :rm activities through the use of temporary WHEREAS, the City Council has an ordi allowing and regulating temporary uses. NOW, THEREFORE, BE IT IOWA, THAT THE FOLLOWING FEES CITY COUNCIL OF THE CITY OF IOWA CITY, FOR THE AFOREMENTIONED SERVICE: Temporary Use Permit Fees. 1. A fee of $75 for the issuance of 2. A fee of $25 for the issuance of use at the same location within use permit. ;rmits issued to the same applicant for the same of the original permit. Passed and approved this day of ,1998. ATTEST: CITY It was moved by adopted, and upon AYES: call there were: MAYOR /~ - Ci~~r~ey'~-O~ ~,~_~_~ NAyas..nd seconded bYABsE ,,..~ ~e Resolution~ Champion Kubby Leh~n NoVon O'Don~ll ~om~ Vande~f CITY OF I0 WA CITY Date: To: From: Re: February 18, 1998 MEMORANDUM Mayor Lehman and members of City Council Ron Boose, Senior Building Inspector ' Fees for Temporary Use Permits An ordinance amending the City Code to permit and regulate various types of temporary uses is on the agenda for your final consideration and passage. The accompanying resolution will establish fees for this permit. In arriving at a recommendation we considered the staff time anticipated to process the permit as well as the financial burden that the fee might place on the applicant. Since this ordinance will cover a wide variety of commercial activities that will vary in their length of duration, the recommended fee of $75.00 will offset the staff time required to review and process some permits but not others. For instance an application for a permit to hold a five day car sale in the K-Mart parking lot should require less staff time for review than a temporary greenhouse erected for three months in a Hy-Vee parking lot. We did consider a graduated fee schedule based on the duration of the event but without some experience working with the ordinance, we have nothing to base the schedule on. We will monitor the permitting process and may return with an amended fee schedule after we gather some experience with the ordinance. In the mean time the $75.00 fee should not deter many businesses from pursuing a temporary use. Many of the uses requiring this permit are recurring. The staff time required to review and issue subsequent permits for the same activity at the same site will be minimal and therefore we are recommending a $25.00 fee for these situations. $25.00 is the minimum fee for the majority of the other permits that are issued by the Building Inspection Division. Prepared by: Cathy Eisenhofer, Purchasing Agent, 410 E. Washington St., Iowa City, IA 52240 1319) 356-5075 RESOLUTION NO. 98-76 RESOLUTION APPROVING AN AGREEMENT WITH THE FIRST NATIONAL BANK OF CHICAGO FOR A PURCHASING CARD SYSTEM WHEREAS, the City of Iowa desires to establish a Purchasing Card Program to process mainly small purchases and to reduce the need to process vendor invoices and issue checks; and WHEREAS, The First National Bank of Chicago has submitted the proposal which best meets the needs of the City utilizing the MasterCard card and electronic information processing services, and WHEREAS, the City of Iowa City has negotiated an Agreement for said Purchasing Card Services with The First National Bank of Chicago, to provide said services; and WHEREAS, it is in the public interest to enter into said service agreement with The First National Bank of Chicago. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Purchasing Card Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor is authorized to sign and the City Clerk to attest the attached contract on behalf of the City. Passed and approved this CITY-CLERK The City Manager or designee is hereby authorized to administer said Contract. 24t. h day of Febr'uar'y , 1998. Approved by City ftorney s Of ice finpurchVes',card.doc Resolution No. 98-76 Page 2 It was moved by Thor'nbe~'r'y and seconded by adopted, and upon roll call there were: O' Donne] ] the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef PURCHASING CARD AGREEMENT This Agreemere is entered into this ~ day of ~rc& , 1998, between The First National Bank of Chicago (the "Bank"), a national banking association, and City of Iowa City (the "Customer"). 1. Purchasing Card System. The Purchasing Card System (the "System") has been designed to process small purchases and to reduce the need to process vendor invoices and issue checks. Subject to the terms of this Agreement, the Bank and the Customer hereby agree that commencing on the date of this Agreement the Bank will provide the Customer with purchasing cards and related services and the Customer will be able to use the purchasing cards to purchase goods and services from any merchant that accepts MasterCard® cards. "Card" shall mean an account number assigned to the Customer and the related account and any card bearing such account number. 2. Conditions Precedent. Prior to the commencement of any service rendered by the Bank pursuant to this Agreement, the Customer shall: A. Furnish to the Bank documents evidencing the Customer's authorization (e.g., Board of Directors resolution, partnership letter, Board of Trustees resolution, Executive Order in the case of a public body, etc.) to borrow funds and to execute and deliver this Agreement, together with specimen signatures of those individuals authorized on behalf of the Customer. B. Designate in a mutually agreeable manner (1) officers, employees and agents authorized to use the Cards pursuant to the System and (2) limits and reporting structures applicable to use of such Cards. The Bank may rely upon any such designation or instructions received in such mutually agreeable manner until such time as the Bank shall have received notice to the contrary. 3. Obligations of the Bank. In connection with the Customer's participation in the System, the Bank shall: A. Issue Cards to employees and/or agents of the Customer ("Cardmembers") designated by an Authorized Person. The Cards are non-transferable, non-assignable and shall remain the property of the Bank. B. Process extensions of credit in an aggregate amount not exceeding $500,000 (Five Hundred Thousand Dollars) (the "Credit Limit"). C. Implement the purchase limits (the "Purchase Limits") specified by the Customer from time to time and accepted by the Bank. The Purchase Limits and any changes to the Purchase Limits must be in writing or by such other method as may be mutually agreed upon by the Bank and the Customer. Changes to the Purchase Limits shall be effective when the Bank has had a reasonable opportunity to act thereon. D. Provide the Customer with the reports and the daily transactions data (the "Daily Data File") by such method as the parties may agree. First Chicago NBD Purchasing Card Agreement MasterCard~ is a registered trademark of lvlasterCard International Incorporated p~el 4. Obligations of the Customer. In connection with the Customer's participation in the System, the Customer shall: A. Designate at least ten (10) Cardmembers, specify Purchase Limits for the Cardmembers, and notify the Bank of any changes of the Cardmembers or in the Purchase Limits applicable to Cardmembers in a manner acceptable to the Bank. The Customer acknowledges that if it uses the ProValue SERVICESTM software in connection with the System, such use shall be subject to the provisions of the ProValue SERVICESTM software License Terms attached hereto as Exhibit C and made a part hereof. B. Pay the Bank the mount of all transactions made using any Card. Make payment monthly for all transactions appearing in the Daily Data File during a cycle within fourteen days of the cycle date, or ff such day is a Bank holiday, the next business day (the "Payment Date"). The Customer shall make payment by wire transfer or automated clearinghouse transfer to an account designated by the Bank or by check to an address specified by the Bank. If all or any portion of a payment owed by the Customer is not received by the Bank by the Payment Date, then the amounts outstanding shall bear interest, from the first day after the Payment Date to the date on which the Bank receives such payment in full, at a per annum rate equal to the Bank's corporate base rate as announced from time to time plus 2% per annum, changing when and as such corporate base rate changes. Such interest shall be calculated on the daily outstanding amount for each day during such period and on the basis of a 360-day year. C. Immediately notify the Bank by telephone of any lost, stolen, misappropriated or improperly used Cards or any Cards which the Customer no longer requires in its operation. The Customer shall not be liable for charges made with a Card after the Bank is notified that the Card has been lost, stolen, misappropriated or improperly used. The Customer shall use its best efforts to collect and destroy any Cards it no longer requires in its operations. The Customer shall not be liable for charges waived under the MasterCoverage® Summary attached hereto as Exhibit A. D. Notify the Bank in writing of any disputed or unauthorized transaction within sixty (60) days of the last day of the Cycle during which such transaction is charged to the Customer. "Cycle" shall mean the monthly period ending on the same day each month, or, if that day is a Saturday, Sunday or a Total System Services Inc. ("TSYS") holiday, the prior business day. ff the Customer is liable to the Bank for such transaction pursuant to this Agreement, the Bank will use reasonable efforts to assist the Customer in attempting to obtain reimbursement from the Merchant; provided, however, that the Customer understands that if it is using Cards issued in the name of a department or entity rather than in a Cardmember's name, it is waiving certain dispute rights where a Cardmember's signature is required according to the MasterCard Chargeback Guide. If the Bank is liable to the Customer for such transaction pursuant to this Agreement, the Customer will use its reasonable efforts to assist the Bank in attempting to obtain reimbursement from the Merchant. The Bank shall not be liable for any transaction where notice of the disputed or unauthorized transaction is received from the Customer more than sixty (60) days after the last day of the Cycle during which such transaction is charged to the Customer. The Customer shall not make a claim against the Bank or refuse to pay any amount because the Customer or the person using the Card may have a dispute with any Merchant as to the goods or services purchased from such Merchant which has honored the Card for that purchase. E. Not exceed the Credit Limit; provided, that if the Customer exceeds the Credit Limit, the Customer shall pay all amounts exceeding the Credit Limit. F. Upon request, provide the Bank with copies of its annual reports within 150 days of its fiscal year end. 5. Representations and Warranties of the Customer and the Bank. As of the date hereof, and the date of each transaction hereunder, the Customer and the Bank represent and warrant that: First Chicago Purchasing Card Agreement page 2 A. It is duly organized, validly existing and in good standing under the laws of its jurisdiction of organization and has all requisite authority to conduct its business in each jurisdiction in which its business is conducted. B. The execution and delivery of this Agreement and the performance of its obligations hereunder have been duly authorized by proper organi?ational proceedings, and this Agreement constitutes the legal, valid and binding obligation of it enforceable again~ in accordance with its terms. C. To the best of its knowledge, neither the execution and delivery of this Agreement, nor the consummation of the transactions herein contemplated, nor compliance with the provisions hereof (i) will violate any law, role, regulation, order, writ, judgment, injunction, decree or award binding on the it, (ii) will violate it's organizational documents or (iii) will violate materially the provisions of any indenture, instrument or agreement to which it is a party or is subject, or by which it, or its property, is bound, or conflict with or constitute a default thereunder. No order, consent, approval, license, authorization, or validation of, or filing, recording or registration with, or exemption by, any governmental or public body or authority, or any subdivision thereof, is required to authorize, or is required in connection with the execution, delivery and performance of, or the legality, validity, binding effect or enforceability of, this Agreement. 6. Fees. The Customer agrees to pay the fees and charges incurred by the Customer as specified by the Bank, from time to time, on a monthly invoice. The fees initially applicable are specified in Exhibit B attached hereto. The Bank may change the fees and charges payable by the Customer at any time provided the Bank notifies the Customer at least thirty (30) days prior to the effective date of the change; provided, further, that the fees initially applicable are guaranteed until January 1, 2000 and that after such date the Bank cannot change the fees and charges more than once in a twelve (12) month period. 7. Termination. This Agreement may be terminated by the Bank at any time for any reason and the Bank may refuse to allow further transactions or revoke any or all of the Cards at any time and for any reason. The Customer also may terminate this Agreement and/or cancel any or all of the Cards at any time and for any reason. In the event this Agreement is terminated for any reason, the Customer shall immediately pay all amounts owing under this Agreement, without set-off or deduction, and destroy all physical Cards furnished to Cardmembers. The Customer shall be liable as provided in this Agreement for any charges made through use of the Cards. Sections 4.B, 4. C, 4.D, 4.E, 6, 7, 8, 10, 11.C, 11.D, 11.E, 11.G and 11.J shall survive the termination of this Agreement. In the event collection is initiated by the Bank, the Customer shall be liable for payments of reasonable attorneys' fees, including but not limited to reasonable in-house counsel fees incurred by the Bank. 8. Limitation of Liability. The Bank will be liable only for direct damages if it fails to exercise ordinary care. The Bank shall be deemed to have exercised ordinary care if its action or failure to act is in conformity with general banking usages or is otherwise a commercially reasonable practice of the banking industry. The Bank shall not be liable for any special, indirect or consequential damages, ~ven if it has been advised of the possibility of these damages. 9. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing except as otherwise provided herein and shall be effective on the earlier of the date on which such notice is actually received by the party to which addressed or three days after such notice has been deposited in the United States mail, postage prepaid All notices shall be sent to the address set forth below or such other address.as specified in a written form from one party to the other. To the Bank: The First National Bank of Chicago One First National Plaza, Suite 0199 Chicago, Illinois 60670-0199 Attn: Corporate Card Services Copy to: FCC National Bank First Chicago Purchasing Card Agreement page 3 To the Customer: 2500 Westfield Drive Elgin, Illinois 60123 Attn: Purchasing Card B-3 City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240-1826 Attn: Craig S. Standish Controller 10. Data Processing. A. Data processing services for the System will be provided by TSYS. Information processing services for the System may be provided by ProCard, Inc. The Bank is hereby authorized to provide transaction data from the System to MasterCard International, Inc. ("MasterCard") and, when appropriate, ProCard, Inc. B. "Authorize" or "Authorization" shall mean the approval of a purchase transaction for which a MasterCard merchant (the "Merchant') has requested authorization, in accordance with the Purchase Limits specified by an Authorized Person. The Customer understands that Cardmembers will be able to use the Cards for, and the Customer will be liable for, certain transactions where Authorization is not required by the MasterCard system (e.g., transactions which are under the floor limit set for the Merchant) and that such transactions may exceed or violate the Purchase Limits specified by the Customer. The Purchase Limits shall be deemed to have been followed when Authorization occurs at a Merchant classified on the MasterCard system as having a merchant classification code defined as acceptable by a Cardmember's Purchase Limits even if the merchant classification code has been incorrectly assigned or when a Merchant is not required to obtain Authorization. The Customer understands that if the TSYS Authorization system is not working, all transactions will be declined Authorization. C. During the course of this Agreement it may be appropriate and necessary for the Bank, ProCard, Inc. and TSYS to have access to certain confidential business information ("Information"), particularly purchase transaction information, and the identity, telephone numbers or mailing address of any Authorized Person or Cardmember. Accordingly, the Bank agrees, and the Bank agrees to request ProCard, Inc. and TSYS to agree, to consider the Information as confidential and to take all reasonable precautions to prevent disclosure of the Information to third paxties and not to use the Information without the Customers consent. This confidentiality provision shall extend to any Information the Bank, ProCard, Inc. or TSYS may learn, observe or otherwise obtain concerning the Customer incidental to the performance during the course of this Agreement. This provision shall not prevent the Bank from disclosing any Information to its regulatory authorities or pursuant to subpoena or other legal process. 11. Miscellaneous. A. If any provision in this Agreement is held to be inoperative, unenforceable or invalid, such provision shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Agreement are declared to be severable. B. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Customer and the Bank and their respective successors and assigns. This Agreement, or any of the rights or obligations hereunder, may not be a~igned by the Customer or assumed by operation of law or otherwise without the prior written consent of the Bank. In no event shall the Customer be relieved of liability to the Bank arising hereunder unless and until a purchaser, transferee, assignee or other successor in interest to the First Chicago Purchasing Card Agreement page 4 Customer's business shall expressly assume such liability in writing and the Bank accepts such assumption of liability in writing, which acceptance by the Bank shall be solely within the Bank's discretion. C. The Bank is not liable for the consequences of any failure to perform, or default in performing, any of its obligations under this Agreement, fithat failure or default is caused by any conditions beyond its reasonable control, including without limitation, an act of war (whether declared or no0; revolution; invasion; insurrection; riot; civil commotion; sabotage; military or usurped power; lightening; explosion; fire; storm; drought; flood; earthquake; epidemic; quarantine; strike; acts or restraints of governmental authorities or other regulations of any governmental authorities. D. This Agreement embodies the entire agreement and understanding between the Customer and the Bank and supersedes all prior agreements and understandings between the Customer and the Bank relating to the subject matter thereof. All representations and warranties of the Customer and the Bank contained in this Agreement shall survive the execution of this Agreement and consummation of the transactions contemplated hereunder. E. This Agreement may be amended or waived only by notice to the Customer in writing from the Bank; provided, however, that in the event of a change only affecting the terms and conditions of this Agreement the Bank agrees to amend this Agreement with the mutual consent of the Customer, provided, further, that the Customer may exercise its right to terminate in accordance with section 7 ff it does not agree to the change in terms and conditions. All remedies contained in this Agreement or by law afforded shall be cumulative and all shall be available to the parties hereto. F. Anything contained in this Agreement to the contrary notwithstanding, the Bank shall not be obligated to extend credit to the Customer in violation of any limitation or prohibition imposed by applicable law. G. Any taxes (excluding federal and state income taxes on the overall net income of the Bank) 'or other similar assessments or charges payable or ruled payable by any governmental authority in respect of the Agreement or the transactions contemplated hereunder shall be paid by the Customer together with interest and penalties, ff any; provided, that the Bank notifies the Customer upon thirty (30) days notice of such taxes, assessments or other charges. H. Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any of the provisions of the Agreement. The words "hereof', ~herein", and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement, as it may be amended or modified from time to time, as a whole and not to any particular provision of this Agreement. The terms defined in this Agreement have the meaning assigned to them in this Agreement and include the plural as well as the singular. I. If a purchase or cash advance is made in a foreign currency, it will be converted by MasterCard into U.S. Dollars. MasterCard will use the conversion procedures (the "Conversion Procedures") published from time to time and effective at the time the transaction is processed. Currently, those Conversion Procedures provide that the currency conversion rate to be used is either a wholesale market rate or a government- mandated rate, increased by one percent. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. The currency conversion rate used may be the same as, greater than or less than the amount that would be calculated by conversion through a financial institution in the country in which the purchase or cash advance occurred. The Customer understands that the Bank does not determine the currency conversion rate which is used and does not receive any portion of the currency conversion rate. J. Payments under this Agreement shall be made in U.S. dollars. First Chicago Purchasing Card Agreement page 5 K. This Agreement may be signed in one or more counterparts, each of which shall be an odginal, with the same effect as if the signatures were upon the same Agreement. This Agreement shall become effective as of the date first appearing above when each of the parties hereto shall have signed a counterpart hereof. L. CHOICE OF LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS (AND NOT ~ LAW OF CONFLICTS) OF THE STATE OF ILLINOIS, BUT GIVING EFFECT TO FEDERAL LAWS APPLICABLE TO NATIONAL BANKS. THE FIRST NATIONAL BANK OF CI-HCAGO By Title CYNTHIA P. VICE PRESIDENT CITY OF IOWA CITY By ~~~ Name Ernest W. Lehman Title M a v o r /~lrOv~d By Attest :' ~ 'Attorney's ,Of,'! Name Marian K. Karr Title City Clerk First Chicago Purchasing Card Agreement page 6 EXWI~IT A MASTERCOVERAGE® SUMMARY First Chicago Purchasing Card Agreement page 7 EXNIRIT B FEES Annual Card Fee Transaction Fee Copy Retrieval Fee Emergency Card Replacement (24 hour turnaround) Plastic Design Standard Graphix (one standard color) Custom Plastic (multiple or custom colors) ASCII Diskette Weekly Weekly Bi-Weekly Monthly ASCII Transmission (daily or weekly) Optional Charges ProValue SERVICESTM Software Sub-License Monthly Maintenance 1 - 10 total sites 11 - 20 total sites > 20 total sites Custom Mapper *After first 15 hours Custom Programming Training and Installation $0.00 per Card issued as of November 1 each year $0.00 per transaction $5.00 per copy $20.00 per card No Charge $300.00 per side At Cost $100.00 per month $50.00 per month $25.00 per month $100.00 per month $1500.00 per Customer $150.00 per transmission site $100.00 per transmission site $50.00 per transmission site $0.00 per first non-EDI mapper $1500 per additional non-EDI mapper $100 per hour EDI mapper* any mapper upgrade $100 per hour $350 per endpoim remote installation (2 manuals) $500 per endpoint on-site installation + travel (2 manuals) $500 per day + travel for additional training and installation $225 per day per person for PVS Training Class (max $900/day) Additional Manuals $75 per additional manual Revenue Sharing: At such time that the City of Iowa City purchasing card program achieves calendar quarter net purchase volume of $5,000,000, the following incentive schedule would apply: Quarterly Net Purchase Volume $0 - $4,999,999 $5,000,000 - $9,999,999 $10,000,000 - $14,999,999 $15,000,000 - $19,999,999 Incentive Award .00% .15% .20% .25% Incentive awards will be paid by check in January for the previous calendar year ff an account is current. C. Exceptions. Notwithstanding the other provisions of the Agreement, nothing received by the Customer will be considered Confidential Information of ProCard if; (i) it has been published or is otherwise readily available to the public other than because of breach of the License Agreement or this sub-license; (ii) it has been rightfully received by the Customer from a third party other than ProCard or the Bank without confidentiality limitations; (iii) it has been developed for the Customer by personnel or agents having no access to the Confidential Information; or (iv) it is required to be disclosed by order of court or other governmental authority. D. Customer ConfidentiallnformationDefined. During the course of the Agreement it may be appropriate and necessary for ProCard to have access to certain confidential business information ("Information'), particularly purchase Wansaction information, and the identity, telephone number and mailing address of any Authorized Person or Cardmember. Accordingly, ProCard has agreed to consider the Information as confidential and to take all reasonable precautions to prevent disclosure of the Information to third parties and not to use the Information without the Customer's consent other than the fulfillment of ProCard's responsibilities under the License Agreement. This agreement extends to any Information that ProCard may learn, observe or otherwise obtain concerning the Customer incidental to the performance during the course of the License Agreement This agreement shall not prevent ProCard from disclosing any Information to its regulatory authorities or pursuant to subpoena or other legal process. 7. Survival of Obligations. All restrictive provisions of this sublicense shall survive termination of this sublicense. 8. Remedies. The parties hereby agree that in the event the Customer breaches the foregoing confidentiality provisions in any manner, monetary damages would be inadequate as full compensation, and therefore any court of competent jurisdiction may also enjoin the Customer from disclosing or using the Confidential Information encompassed by this License Agreement. In such case, the Bank and ProCard shall be entitled to reasonable attorneys' fees in addition to any other amounts awarded as damages. 9. Return oflnformation. Upon any termination of the License Agreement, the Customer will return within thirty (30) days all originals and copies thereof of all Confidential Information that has been fixed in any tangible means of expression or certify to the Bank the destruction of all copies of the PVS Software in the Customer's possession. City of Iowa City MEMORANDUM DATE: February 19, 1998 TO: Steve Atkins, City Manager FROM: Cathy Eisenhofer, Purchasing Agent Craig Standish, Controller RE: Procurement Card Program Purchasing and Accounting are planning to offer to the City of Iowa City Departments and Divisions an innovative program that simplifies the way in which the City orders goods and services while preserving purchasing controls. The First Chicago NBD MasterCard Purchasing Card program is a flexible alternative for mainly processing low dollar value purchases from vendors that accept MasterCard. A Request for Information was mailed to local financial institutions and national credit card providers in September 1997. First Chicago NBD, Chicago IL provided the best program to meet the City's needs. The Procurement Card will be issued in the employee's name with the City of Iowa City logo and the wording "Purchasing Card" on it. The card is for City business purposes only and may not be used for any personal transactions. The Procurement Card Program is designed to delegate the authority and capability to purchase mainly low-value items directly to the employee. The Procurement Card will enable employees to purchase non-restricted goods and services directly from vendors without the issuance of a purchase order, the entry of a requisition or the use of a Small Order Requisition (SOR). Each cardholder is responsible and accountable for their Procurement Card. Supervisors will establish cardholder spending limits, within established guidelines, and are responsible for the management of the program within their respective department/division. The proposed First Chicago NBD MasterCard program includes a database, which allows electronic downloading of all cardholder transactions within a couple of days of the actual purchase. The Program Administrator will be accessing and downloading these transactions on a daily basis. Every week employees will be sent a Weekly Procurement Card Transaction Report, mainly via e-mail. Cardholders will assign the proper expense codes, print off a copy to obtain authorized signatures and attach to documentation retained in the Department/Division files. The e-mail will then be returned to allow the information to be electronically uploaded into the City's Accounting System for one monthly MasterCard payment. The database allows a variety of up-to-date reporting and query capabilities regarding the cardholder, transactions and vendors. Accounting and Purchasing will perform quarterly, randomly selected, compliance reviews for file completeness, accuracy and compliance with the guidelines and procedures of the Procurement Card Program. We have not found evidence that use of the procurement card has led to increased abuse but in fact electronic data has allowed closer monitoring. Vendors will gain by receiving their money generally within 24 to 48 hours rather than invoicing at the end of a month and waiting for the City to process a payment which could take up to 60 days. Purchases can be made with any vendor accepting a MasterCard, but in addition, vendor letters will be mailed to the City's current Annual, Contract and SOR vendor lists as a notification of the Procurement Card Program and to establish vendor discounts and vendor level of participation. City employees as cardholders will be instructed to notify the vendors of the program as they make their purchases. If vendors do not utilize MasterCard credit cards, the City will continue to purchase with current forms including Purchase Orders and SORs. Employee efficiencies will be attained by eliminating current up-front written approval and routing of forms requirements for employees since spending authority and instruction will be given to the employee at the time the card is issued. Some of the common uses for the procurement card will be seminars, subscriptions, small equipment, books, repair parts and supplies. Not all purchases are appropriate for the Procurement Card. Cash advances will not be allowed. Purchase Orders or separate contracts will still be issued for large dollar items such as vehicles and materials/services requiring specialized terms and conditions. Accounts Payable will benefit by reducing hundreds of vouchers (checks) annually to individual vendors that will now be paid by First Chicago NBD. Accounting will make only one monthly payment to First Chicago NBD, allowing the City to hold the funds until the date payment is due. Purchasing will benefit in the use of a database that will allow a variety of reporting and query capabilities regarding cardholders, transactions and vendors. Reports will track category types, help establish potential discounts with vendors and potential city- wide department contracts. The City currently utilizes annually 3M (thousand) purchase orders, 5M requisitions, 3M SORs and 7M Check requests. Industry statistics show that the purchasing card is especially useful for procurements of low dollars, high volume items. Statistically, more than 50 percent of the items procured through procurement cards are under $1,000. Quite often, these items can represent up to 80 percent of government's transactions but less than 20 percent of that government's purchasing dollar. The City of Iowa City is estimated to fit these standards. The cost to issue a purchase order is estimated at $75 to $100 and the cost of using a card is $10 to $20 per transaction. An estimated cost savings/cost avoidance calculates, for the City, from $150,000 to $180,000 annually. This is mainly paperwork and staff time that can be more efficiently used throughout the City. This includes clerical staff producing the paperwork and administrators approving it. Costs to implement the procurement card program include $1,500 for the electronic software license fee and $150/month maintenance. Initially a Pilot Program will begin with selected divisions to test the program. The program is anticipated to be fully implemented by July 1998. A resolution has been prepared for City Council action 2/24/98. Once signed, the resolution authorizes the City Manager to administer the First Chicago NBD contract. Feel free to contact us with any questions.