HomeMy WebLinkAbout1998-03-10 ResolutionRESOLUTION NO. 98-77
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:
First Avenue Club - 1550 S. First Avenue
It was moved by Kubby and seconded by
as read be adopted, and upon roll callthere were:
Thornberry
that the Resolution
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Passed and approved this 10th day of
March , 1 9 98
ATTEST: CiT~ L~~ERK
A~/p~oved by
City Attorney's Office
a\danceprm.res
Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 98-78
RESOLUTION TO ISSUE CIGARE'n'E PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct tax
required by law for the sale of cigarettes, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be
granted and the City Clerk is hereby directed to issue a permit to the following named persons
and firms to sell cigarettes:
Suburban Amoco-Keokuk Street - 1905 Keokuk Street
Passed and approved this loth day of
March
CITY CLERK
It was moved by Kubb.v and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
X
X
X
X
,19 98
Approved by
City Attorney's Office
Thornberry the Resolution be
X Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
clerkVes\cJgperm.doc
Prepared by: Kim Johnson, Dept..of Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139
RESOLUTION NO. 98-79
RESOLUTION SETrING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE MORMON TREK BOULEVARD CONCRETE PAVEMENT
REHABILITATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBUC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public headng on the plans, specifications, form of contract, and estimate of cost for
the construction of the above-mentioned project is to be held on the 24~ day of March,
1998, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa.
That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named proposal in a newspaper published at least once weekly and having
a general circulation in the City, not less than four (4) nor more than twenty (20) days
before said hearing.
That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 10th
day of March ,19 98
ey's ~~~~_~
pweng\res\mormpave.doc
Resolution No. 98-79
Page 2
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121
RESOLUTION NO. 98-80
RESOLUTION OF INTENT TO CONVEY 1702 CALIFORNIA AVENUE, ALSO
DESCRIBED AS LOT 36, PART l-A, MOUNT PROSPECT ADDITION, TO THE
TENANT AND SETTING A PUBLIC HEARING FOR MARCH 24, 1998.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, on September 14, 1993 the City Council considered and passed Resolution
No. 93-255 approving Section 5(h) implementing agreement for the conversion of public
housing to private ownership, also known as the Tenant-to-Ownership program; and
WHEREAS, the tenant has agreed to purchase the property for the appraised value; and
WHEREAS, the participants of the Iowa City Public Housing programs and the citizens of Iowa
City would benefit from the proposed disposition.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
The City Council does hereby declare its intent to convey its interest in 1702 California
Avenue, also described as Lot 36, Part l-A, Mount Prospect Addition, to tenant for the sum
of $82,500 for the purpose of home ownership.
The public hearing on said disposal should be and is hereby set for March 24, 1998, at
7 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 ].0th day of March
,1998.
City Attorney's Office
hisadmlres~1702cal.doc
Resolution No. 98-80
Page 2
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 Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
TO: City Council
FROM: Maggie Grosvenor, Housing Administrator
410 E. Wash[nsRon St., Iowa Ctb/. IA 52240-4826
Phone: 319-356-54CO
FAX: 319-356-5459
TDD: 319-356-5404
The iowa City Housing Autl'lority is pleased to anl~ounce the first successful qualification for a home loan by one of our
Tenant Ownership Prograrl~ (TOP) participants. Our resident at 1702 California Ave. has been approved for a lear from
First National Bal~k in the amount of $60,320, The appraised value of this property is $82,500 which means that our
resident w~s able to quality for 73% of 9~e mo~gage. The City will carry a "silent" second mealgage o[ the ~emairling
27% or $22,180, A photo of 1702 California Ave. is provided below. The closing should occur by the end of March! A
big thanks goes to Peggy Doerge at First National Ba~k for her hetp ir~ makir~g the dream of home ownership a reality!
The Process
All Public Housing residents were notified of the Tenant to Ownership Program and the current paAJcipa~ts were selected
from a pool of residents who completed applications A committee was formed to review the applications and 8 were
selected to proceed. This applicant is the first ~o complete the process and we believe there are more to come
The Ioca) fina~cia~ institutions that have agreed to paAicipate are iowa State Bank, First National Ba~ k, H s Bank anti
Hawkeye State Bank. The padicip~nts select the lender of their choice. All lenders agreed to a 10 year balJoor~
~odgA9e with A fixed rate of 75% interest. Closing costs are not to exceed $500, The lenders agreed to dnance the
highest amount affordable to the TOP candidates and understaled that ~he City Will carry a "silent" second mealgage for
the balance. The Housing Authority will coRduct ~nnual income reviews of the padicipar~ts to determine whef~ payment
will begin for the "silent" setor,d mealgage
Tenant Background
Our first TOP participant is ~ single mother of 2 civilalton; a daughter. 15 a~d a son, 14. She has lived at 1702 C~l[forniA
Ave. since Ju{y, 1995. During this time she has consistef~tly mail,rAined stable empioyment and steadily i~creased her
re~t payments. She has aiw~ys paid her rent promptly and has maintagged the propeAy as if it were her owls. Presently
she is employed at Genera] Mills ~s a Manufacturing Technician Her strong work ethic has A~lowed her to reach her
of se~f sufficiency and I~ome owr~ersh[p The Housing Authority is excited ~bout being a sm81i paA of her success
% . :,..~':::.~:..~ ..~ :.?.~.,::¢,.: ~ .' % .~
, '"'., .....::;:..,....
Prepared by: Terry Trublood, Director, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 98-81
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
SCANLON GYMNASIUM COMPLEX IN MERCER PARK, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND
RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC
INSPECTION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost for
the construction of the above-mentioned project is to be held on the 24th day of March,
1998, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa.
That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named proposal in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the Parks and
Recreation Director in the office of the City Clerk for public inspection.
Passed and approved this
ATTEST: CiT~-CLERK ~'
10th day of
MAYOR
Approved by
City Attorney's Office
It was moved by Kubby
adopted, and upon roll call there were:
and seconded by Thornberry the Resolution be
AYES: NAYS:
ABSENT:
X Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
par ksrec\res\civicct4.doc
Prepared by: Sarah E. Holecek, First Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 98-82
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A RELEASE CONCERNING LIMITATIONS ON DEVELOPMENT AND THE
SUBDIVlDER'S OBLIGATIONS FOR PROVISION OF ON.SITE STORMWATER
MANAGEMENT FACILITIES UNDER THE SUBDIVlDER'S AGREEMENT FOR
MOUNT PROSPECT ADDITION PART VIII, IOWA CITY, IOWA, AND TO EXECUTE
AND ATTEST A STORMWATER MANAGEMENT EASEMENT RELEASE FOR THE
SAME PROPERTY
WHEREAS, the Subdivider's Agreement for Mount Prospect Addition Part VIII, Iowa City, Iowa,
required the developer to reserve and dedicate a stormwater management easement within the
development and restricted the construction of public improvements within the development
until such time as the City Council awarded the contract for the South Sycamore Regional
Stormwater Project; and
WHEREAS, said Agreement also required the developer to pay a per acre contribution to said
Regional Stormwater Project based on benefits conferred to the development; and
WHEREAS, on February 24, 1998, the City Council authorized property acquisition for the
above-referenced project; and
WHEREAS, as the City is now proceeding with the Regional Stormwater Project, the release
of the reserved stormwater management easement and the on-site stormwater management
obligations and improvement constraints under the Subdivider's Agreement is now appropriate
to allow the developer to proceed with the installation of public improvements upon payment
of the per acre contribution to the Regional Facility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council finds it is in the public interest to release Mount Prospect Addition Part
VIII from the on-site stormwater management obligations and improvement constraints
under the Subdivider's Agreement to allow the developer to proceed with the installation
of public improvements upon payment of the per acre contribution to the Regional
Facility.
The Mayor is hereby authorized to sign and the City Clerk to attest the Release of
Subdivision Requirements Concerning On-Site Stormwater Management and
Construction Constraints and Stormwater Management Easement Release attached
hereto and incorporated herein, and the City Clerk is hereby authorized and directed to
Resolution No.
Page 2
98-82
certify a copy of this Resolution for recordation in the Johnson County Recorder's Office
together with the attached documents, said recording expense to by paid by Frantz
Construction Company, Inc.
The developer's engineer is hereby authorized and directed to amend the easements
and notes contained on the mylar of the final plat of Mount Prospect Addition, Part VIII,
to be consistent with these determinations and the above-referenced releases.
It was moved by Kubby and seconded by
be adopted, and upon roll call there were:
Thornberry
AYES: NAYS: ABSENT:
the Resolution
X
X
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
Passed and appmved this 10th
day of March
, 1998.
ATTEST:
Prepd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 {319)356-5030
RELEASE OF SUBDIVISION REQUIREMENTS CONCERNING ON-SITE
STORMWATER MANAGEMENT AND CONSTRUCTION CONSTRAINTS FOR
MOUNT PROSPECT ADDITION, PART VIII
WHEREAS, the City of Iowa City, Iowa, a municipal corporation ("City") and Frantz
Construction Co., Inc., an Iowa corporation ("Subdivider") entered into a Subdivider's
Agreement recorded in the Office of the Johnson County Recorder, in Book 2242, Pages 76-
87; and
WHEREAS, said Subdivider's Agreement for Mount Prospect Addition Part VIII, Iowa City,
Iowa, required the developer to reserve and dedicate a stormwater management easement
within the development and restricted the construction of public improvements within the
development until such time as the City Council awarded the contract for the South Sycamore
Regional Stormwater Project; and
WHEREAS, as the City is now proceeding with the Regional Stormwater Project, the release
of the reserved stormwater management easement and the on-site stormwater management
obligations and improvement constraints under the Subdivider's Agreement is now appropriate
to allow the developer to proceed with the installation of public improvements upon payment
of the per acre contribution to the Regional Facility.
NOW THEREFORE, the City of Iowa City hereby releases the following-described property in
Iowa City, Johnson County, Iowa:
Mount Prospect Addition, Part VIII
from the alternative conditions outlined in Section 1, paragraphs A and B, of the Subdivider's
Agreement as recorded in Book 2242, Pages 76-87 of the Johnson County Recorder's Office.
Specifically, the City hereby releases the above-referenced development from the condition
and requirement that no public improvements shall be installed in the development until such
time as:
A. The Iowa City Council has awarded a contract for the construction of the South
Sycamore Regional Storm Water Project; or
B. The developer commits to constructing an alternative storm water management
facility and related storm sewers and overland drainage swales to serve Mount
prospect Addition, Parts V through VIII, in accordance with City regulations.
Additionally, the City hereby releases the above-described property from the covenant and any
lien or clouds upon title placed thereon by reason of Section 2 of the above-referenced
Subdivider's Agreement and its requirement for compliance with the Storm Water
Management Ordinance and the requirement of construction of the alternative storm water
management facility prior to the issuance of any building permits for the development.
All other obligations, covenants and lien contained with the aforementioned Subdivider's
Agreement not specifically released herein remain in full force and effect, including the
dedication obligations contained in Section 1 1 .A. of such agreement, as well as the payment
and escrow requirements contained in Section 1 1.D of such agreement, particularly the
requirement for payment of the per acre contribution to the Regional Facility prior to the
issuance of the first building permit for the development.
The City of Iowa City, Iowa
Attest:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this tc~ H, day of INl~c¢~ , 19 ~ , before me, the undersigned, 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 the seal affixed thereto is the seal of said corporation by authority
of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the
execution of said instrument to be the voluntary act and deed of said municipal corporation,
by it and by them voluntarily executed.
G :\data\cadat a\legal\sarah\landuse\mtpSsub.rel
Notary Public in and for Johnson County
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
STORMWATER MANAGEMENT EASEMENT RELEASE
The City of Iowa City, Iowa, does hereby release the property legally described as "Altemate
Storm Water Management Easement" as originally shown on the Final Plat of Mount Prospect
Addition, Part VIII and described within the ^Itemate Storm Water Management Easement
Agreement recorded in Book 2242. Page 73, of the Johnson County Recorder's Office, from
a lien or cloud upon the title placed thereon by the easement granted to the City of Iowa City,
Iowa through those instruments. The City of Iowa City, Iowa hereby releases said easement
as specifically designated and described in the foregoing instruments from any and all interest
the City of Iowa City may have in said property by operation of the foregoing instruments.
The City retains all other easements shown on said final plat not specifically released by this
document.
cp ,,
Ernest W. Lehman, Mayor
Marian K. K-arr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ./_~'day of March, 1998 before me, the undersigned, a Notary Public in nd for
said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me
personally known, who being be 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 the City Council of said municipal
corporation; and that the said Ernest W. Lehman and Madan K. Karr acknowledged the
execution of said instrument to be the voluntary act and deed of said municipal corporation and
by them voluntarily executed.
Notary Public in and for the State of Iowa
Prepared by Liz Osborne, Hsg. Rehab., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
Resolution No. 98-83
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO A'I=rEST THE RELEASE OF A LIEN REGARDING RENTAL
REHABILITATION LIENS AND FINANCING STATEMENTS (UCC-2 AND UCC-
4) FOR THE PROPERTY LOCATED AT 712 NORTH LINN STREET, IOWA
CITY, IOWA
WHEREAS, on October 3, 1988 and January 29, 1989 the property owner of 712 North Linn
Street, executed Rental Rehabilitation Liens to secure 10-year, no-interest declining balance
loans for the amount of $21,000 and Financing Statements (UCC2 and UCC4) through the
City's Rental Rehabilitation Program; and
WHEREAS, these documents created a lien against the property; and
WHEREAS, the loans were paid off on February 23, 1998; and
WHEREAS, the liens need 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 712 North Linn
Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on October 7, 1988
in Book 1030, Page 295 through Page 297 and the UCC-2 Financing Statement
recorded November 29, 1988 in Book 1036 Page 471 and the UCC-4 Financing
Statement recorded May 14, 1993 in Book 1542 Page 282 of the Johnson County
Recorder's Office; and the Rental Rehabilitation Lien dated January 29, 1989.
The Community Development Coordinator is authorized to sign and file with the
Secretary of State of the State of Iowa any termination statements or other documents
needed to terminate said financing Statements.
Passed and approved this ].0th
day of March ,1998.
MAYOR
CITY CLERK
Approved by
City Attorney's Office
ppdrehab\res\712nlinn.doc
Resolution No. 98-83
Page 2
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 Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
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:
Commencing at the northwest corner of Lot Five (5) in Block fifty-three (53), in
Iowa City, Iowa, according to the recorded plat thereof, thence east 65 feet,
thence south 45 feet, thence west 65 feet, thence north 45 feet to the place of
beginning,
from an obligation of the property owner, Janna R. Mizaur, to the City of Iowa City in the
principal amount of $21,000.00 represented by the Rental Rehabilitation Lien recorded on
October 7, 1988 in Book 1030 Page 295 through Page 297 and the UCC-2 Financial Statement
recorded on November 29, 1988 in Book 1036 page 471 and the UCC-4 Financial Statement
recorded on May 14, 1993 in Book 1542 Page 282 of the Johnson County Recorder's Office,
and the Rental Rehabilitation Lien dated January 29, 1989.
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.
CITY CLERK
Approved by
ity Attorney's Office
STATE OF IOWA )
)
JOHNSON COUNTY )
SS:
On this .,c~~k day of ~t~-~-ch , 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 the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. ?~-~5 , adopted by the City
Council on the /~ ~'~- day ~_~ /7'/.,~.~c ~ , 1 9 q~ 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\71 21nrel.doc
Notary Public in and for Johnson County, Iowa
Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144
RESOLUTION NO. 98-84
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER
MAIN, STORM SEWER AND PAVING PUBLIC IMPROVEMENTS FOR
LONGFELLOW MANOR, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN
FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer, storm sewer, and water main improvements for Longfellow Manor, as
constructed by Bockenstedt Excavating of Iowa City, Iowa.
Paving improvements for Longfellow Manor, as constructed by Streb Construction Co.,
Inc. of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access
are hereby formally accepted and declared open for public access and use.
Passed and approved this 10th
day of Hatch , 1998.
A,~ofoved by ~
City Attorney's Office
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
Thornberry
the Resolution be
AYES: NAYS:
X
X
X
X
pweng\res\walnut 5.wp5
ABSENT:
X Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
X Vanderhoef
ENGINEER'S REPORT
CITY OF I0 WA CITY
March 10, 1998
Honorable Mayor and City Council
Re: Longfellow Manor
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, water main, storm
sewer, and paving improvements for Longfellow Manor have been completed in
substantial accordance with the plans and specifications of the Engineering
Division of the City of Iowa City. The required maintenance bonds are on file in
the City Clerk's office for the sanitary sewer, storm sewer, and water main
improvements constructed by Bockenstedt Excavating of Iowa City, Iowa and for
the paving improvements constructed by Streb Construction Company, Inc. of
Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST XYASItlN(;TON SI REE'I' · IO13, A ('ITS, IOWA 52240-1826 · 1319) 356-5000 · FAX 1319) 356-5009
Prepared by: Jim Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 (319)354-5044
RESOLUTION NO. 98-85
RESOLUTION ACCEPTING THE WORK FOR THE
CORALVILLE-IOWA CITY ANIMAL SHELTER RENOVATION
WHEREAS, the Engineering Division has recommended that the work for construction of the
Coralville-Iowa City Animal Shelter Renovation Project, as included in a contract between the
City of Iowa City and Garling Construction of Belle Plaine, Iowa dated May 12, 1997, be
accepted and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this
ATTEST: CIT~~
day of r, la rc h
, 1998.
Approved by
City Attorney's Office
It was moved by Kubby
adopted, and upon roll call there were:
and seconded by Thornberry
AYES: NAYS: ABSENT:
X
X
X
X
X Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
the Resolution be
pweng/res/a n m~alsh .doc
CITY OF I0 WA CITY
ENGINEER'S REPORT
March 10, 1998
Honorable Mayor and City Council
Iowa City, Iowa
Re: Coralville-Iowa City Animal Shelter Renovation
Dear Honorable Mayor and Councilpersons:
The City Architect represents that the construction of the Coralville-Iowa City
Animal Shelter Renovation Project has been completed in substantial
accordance with the plans and specifications. The final contract price is
$135,204.00.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST ~VASttlN(;'I ON fi'I'REF~T · IO'~XA ('IT¥, IOWA 52240-1826 · (31~) 356-5000 · FAX (319) 356-5009
Prepared by: Denny Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
RESOLUTION NO. 98-86
RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN PUBLIC
IMPROVEMENTS FOR MORMON TREK VILLAGE, PHASE II
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Water main improvements for Mormon Trek Village, Phase II, as constructed by Maxwell
Construction, Inc. of Iowa City, Iowa.
WHEREAS, a maintenance bond has been filed in the City Engineer's office; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements are hereby formally accepted.
Passed and approved this 10th
A'I-I-EST: C~ 7~-
It was moved by Kubb¥
adopted, and upon roll call there were:
day of March ,1998.
Approved by /
and seconded by Thor'nber'ry the Resolution be
AYES: NAYS: ABSENT:
X Champion
Kubby
Lehman
Norton
O~ Donnell
Thornberry
X Vanderhoef
pweng\res~mormtrek.doc
ENGINEER'S REPORT
CITY OF I0 WA CITY
March 10, 1998
Honorable Mayor and City Council
Re: Mormon Trek Village, Phase II
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the water main public improvements for Mormon
Trek Village, Phase II has been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City. The required
maintenance bond is on file in the City Engineer's office for the water main
improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa.
Mormon Trek Village, Phase II includes three (3) duplexes, five (5) 4-plexes, and (2) 12-
plexes. The three (3) duplexes are addressed as follow: 1429, 1431; 1439, 1441; 1449,
and 1451 McKinley Place. The five (5) 4-plexes are addressed as follows: 1401, 1403,
1405, 1407; 1415, 1417, 1419, 1421; 1432, 1434, 1436, 1438; 1500, 1502, 1504, 1506;
1505, 1507, 1509, and 1511 McKinley Place. The two (2) 12-plexes are addressed as
follows: 2500, 2502, 2504, 2506, 2508, 2510, 2512, 2514, 2516, 2518, 2520, 2522;
2534, 2536, 2538, 2540, 2542, 2544, 2546, 2548, 2550, 2552, 2554, and 2556
Rushmore Drive.
I recommend that the above-referenced improvements be accepted by the City of Iowa
City.
Sincerely,
chard A. Fosse
City Engineer
410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-50011 · FAX (319) 356-5009
Prepared by Dennis Mitchell, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240, 356-5130
RESOLUTION NO. 98-87
RESOLUTION APPROVING A LONG-TERM DEER MANAGEMENT PLAN FOR
IOWA CITY.
WHEREAS, the City of Iowa City has conducted a study of deer herd population and
management options; and
WHEREAS, the City of Iowa City has determined that steps must be taken to develop and
implement a deer management plan that is designed to provide needed relief and protection
for the environment, property owners, and motor vehicle operators within the corporate limits
of Iowa City; and
WHEREAS, the Iowa City/Coralville Deer Management Committee has thoroughly reviewed
the deer population problem in Iowa City and made recommendations on the best methods to
resolve this problem; and
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, it would be in the public interest to approve a long-term deer management plan
for Iowa City.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that the City Manager is hereby authorized and directed to implement the following
long-term deer management plan:
The City of Iowa City will develop an educational program that provides residents with
information on deer habits and guidelines for limiting localized deer damage through the
use of screening, alternative plantings, and other techniques. The City's comprehensive
management plan will be included. Educational materials will be distributed through a
variety of methods including public informational meetings, pamphlets, and government
television programs.
.,
The City of Iowa City will evaluate the need for and, where appropriate, install or
petition the State or County to install on roadways under their jurisdiction warning signs
and/or reflectors that may reduce the likelihood of vehicle/deer accidents. The City will
prepare annual reports on effectiveness of deer reflectors. In addition, thoughtful
consideration will be given to deer migratory paths as transportation improvement
projects are approved.
3. In order to prevent irreparable damage to the ecosystems in Iowa City and to prevent
Resolution No. 98-87
Page 2
significant injury or damage to persons or property, the maximum deer population
density is hereby set at thirty-five (35) per square mile per City-designated management
district. Actual numbers are to be collected via helicopter count.
In order to implement its long-term population goal of thirty-five (35) deer per square
mile per management district, the City of Iowa City will formally request that the
Natural Resource Commission approve a rule establishing a special deer population
management area for Iowa City with the following conditions, limitations, and
procedures:
a. The special deer management area is defined as all public and private land in Iowa
City as designated by the City Council of Iowa City.
b. The City is allowed to kill as many deer as the City determines necessary to reach
its desired goal. Killing may occur between September 1 and February 28.
(1)
The City is allowed to utilize sharpshooting with centerfire rifles for the lethal
removal of deer. Bait may be used to attract deer to the sites. The City shall
determine locations, training, and all other conditions for the sharpshooting
activities. The City shall also comply with all applicable state laws.
(2) The City is allowed to utilize City personnel to use baited traps to capture and
kill deer in locations determined by the City Council.
(3)
All deer killed by sharpshooting and/or trapping operations are to be processed
for human consumption and distributed free of charge. Processing lockers
participating in the plan will be allowed to keep and utilize the deer hide.
(4) No licenses will be required for the City and no fees will be charged.
The City will initially utilize sharpshooting over bait and trap-and-kill to reduce the
number of deer in each management district to the goal of 35 deer per square mile.
By the end of the initial reduction plan, it is projected that the deer population will
be to a level that requires maintenance rather than aggressive reduction. The City
will strongly encourage the use of non-lethal methods to maintain deer numbers but
recognizes that killing of deer may be necessary to maintain the population goal.
The Deer Management Committee will convene each spring to review educational
material, deer population numbers (current and projected), management options, and
to recommend methods to kill deer, if necessary. Any or all legal lethal methods
available (currently consisting of sharpshooting, trap-and-kill, and bow and arrow
hunting) may be utilized after the initial reduction plan if the method(s) meet the
following criteria: 1) public safety, 2) community acceptance, 3) effectiveness in
maintaining the desired number of deer.
Committee recommendations must be approved by the City Council following public
hearing prior to initiation of City management plans. Annual plans approved by the
Council will be forwarded to the Department of Natural Resources and, if necessary,
the Natural Resource Commission for authorization to implement..
Resolution No. 98-87
Page 3
Passed and approved this loth
day of
March ,1998.
A pj~rov.~d by
City Attorney's Office
Resolution No. 98-87
Page 4
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
X
X
X
the Resolution be
X Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
Prepared by: Charles Schmadeke, PW Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141
RESOLUTION NO. 98-88
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
NAPOLEON PARK ENTRANCE AND PARKING LOT IMPROVEMENT PROJECT.
WHEREAS, Streb Construction Co., Inc. of Iowa City, Iowa has submitted the lowest
responsible bid of $337,892.75 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 Streb Construction Co., 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 app¢oved this ~_0th day of Narch
, 1 998.
CITY~SLERK
proved by
City Attorney's Office
pweng\res\napawrd.wp5
Resolution No. 98-88
Page 2
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
Norton
ABSENT:
X
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
ADVERTISEMFNT FOR BIDS
NAPOLEON PARK FNTRANCE AND
PARKING LOT IMPROVEMENTS PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the loth day of March ,1998, and
shall be received in the City Clerk's office no later
than said date and time. Sealed proposals will be
opened immediately therealter by the City Engi-
neer. 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. onthe 10th dayof March ,199
8, or at such later time and place as may then be
scheduled.
The Project will involve the following:
1. Construction of approximately 600 lineal feet of
28 foot wide PCC street.
2. Construction of a new 248 stall ACC parking lot
with PCC curb and gutter.
The work includes pavement removals, earth-
work/grading, utility accommodations, storm
sewers, intakes, PCC and ACC pavements,
PCC curb and gutter, PCC trails, pavement
markings, imported topsoil, finish grading,
fertilizing, seeding, mulching, erosion control,
temporary traffic control and all related inciden-
tals.
All work is to be done in strict compliance with the
plans and specifications prepared by Shoemaker &
Haaland Professional Engineers, of Coralville,
Iowa, which have heretofore been approved by the
City Council, and are on file for public examination
in the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one contain-
ing the proposal, by a bid bond executed by a
corporalion 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 TREA-
SURER OF THE CITY OF IOWA CITY, IOWA, and
shall be forfeited to the City of Iowa City in the
event the successful bidder fails to enter into a
contract within ten (10) calendar days and post
bond satisfactory to the City insuring the faithful
performance of the contract and maintenance of
said Project, if required, pursuant to the provisions
of this notice and the other contract documents.
Bid bonds of the lowest two or more bidders may
be retained for a period of not to exceed filteen (15)
calendar days until a contract is awarded, or until
rejection is made. Other bid bonds will be returned
AF-1
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 Coun-
cil, 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 opera-
tion of the contract, and shall also guarantee the
maintenance of the improvement for a period of
one (1) to five (5) years, as specified, from and
after its completion and formal acceptance by the
City.
The following limitations shall apply to this Pro-
ject:
Working Days: 60
Specified Start Date: March 25. 1998
Interim Completion Date - Phase I
Improvements: May20.1998
Liquidated Damages: $200.00 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at the
Office of Shoemaker & Haaland Professional
Engineers, 160 Holiday Road, Coralville, Iowa, by
bona fide bidders.
A $25.00 plan deposit fee is required for each set
of plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to Shoemaker &
Haaland Professional Engineers.
A Pre-Bid Conference for prospective bidders
will be held at the office of Shoemaker & Haaland
Professional Engineers at 160 Holiday Road,
Coralville, Iowa, on Tuesday, March 3 ,1998
at 10:30 a.m. Bidders are encouraged to attend
to meet with the design engineer and city represen-
tatives to discuss project requirements.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall submit
a list on the Form of Contract of the proposed
subcontractors, together with quan~es, unit pdces
and extended dollar amounts. If no minority busi-
ness enterprises (MBE) are utilized, the Contractor
shall furnish documentation of all reasonable, good
faith efforts to recruit MBE's.
A lisfing of minority contractors can be obtained
from the Iowa Department of Economic Develop-
ment at (515) 242-4721.
AF-2
By virtue of statutory authogty, 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 Prefer-
ence Act applies to the contract with respect to
bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
Prepared by: David Schoon, Econ. Dev. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-
RESOLUTION NO. 98-89
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 lf}th
day of March ,1998.
Resolution No. 98-89
Page 2
A~-rEST: ~'~¢~ ~, ~ 2
,CITY CLEJRK
App~roved by
City Attorney's Office
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
Norton
ABSENT:
X
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
ecodevVes~dtstreet. doc
Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 98-90
RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND BRW INC. OF MINNEAPOLIS,
MINNESOTA, TO PROVIDE FINAL DESIGN SERVICES FOR THE IOWA CITY
DOWNTOWN STREETSCAPE IMPROVEMENTS.
WHEREAS, the City of Iowa City desires to maintain a strong, accessible downtown that is
pedestrian oriented and a cultural, commercial, and residential center; and
WHEREAS, the adopted Iowa City Downtown Streetscape Plan is to be used as a design
guide to help meet the above stated goal; and
WHEREAS, the City desires the services of an engineering firm to prepare final design
drawings and specifications for bidding and construction of the Iowa City Downtown
Streetscape Improvements, all of which shall be called the Project; and
WHEREAS, the City of Iowa City has negotiated an agreement with BRW Inc. of Minneapolis,
Minnesota, to provide said services; and
WHEREAS, it is in the public interest to enter into said agreement with BRW Inc. of
Minneapolis, Minnesota.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The agreement attached hereto is in the public interest, and is approved as to form and
content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
agreement.
Passed and approved this 1Cith
ATTEST:cI.i~ ~-
day of M,.~c\h ,1998.
MAYOR
City Attorney's Office
pweng/res/streetsc.doc
Resolution No. 98-90
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
'X
Kubby
ABSENT:
X
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
DESIGN SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of March ,
1998 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as
the City and BRW, Inc., of Minneapolis, Minnesota, hereinafter referred to as the Consultant.
WHEREAS, the City desires the
construction plans, specifications,
Streetscape Improvements;
services of a consulting firm to prepare final design work,
and bidding phase services for the Iowa City Downtown
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract
with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
DOWNTOWN IOWA CITY STREETSCAPE WORK PROGRAM
FOR TWO PHASES OF CONSTRUCTION
A. STREETSCAPE FINAL DESIGN DEVELOPMENT
The specific, detailed elements of the Iowa City Downtown Streetscape Plan as adopted
by the City Council will be further refined to facilitate preparation of the construction
documents and more accurate cost estimating. Design Development will also include
written recommendations for a successful Public Relations Campaign, provisions to allow
Public Arts Advisory Committee participation in the design of applicable streetscape
elements, Design Coordination for the College Street Watermain Replacement and the
integration of the Iowa Avenue Streetscape Project. Two technical review meetings with
City staff will be required during this process. BRW will also address the City Council
with an update of the refinements toward the end of this stage.
B. PHASE ONE CONSTRUCTION DOCUMENTS,
PLANS AND SPECIFICATIONS
Prepare final plans and specifications for the implementation of the Phase One streetscape
design improvements utilizing survey base data, bench marks and control points prepared
by others and supplied by the City. Construction documents will include:
Cover / Title Sheet
Prepare a cover plan sheet for the plan set. The cover sheet will be in a format suitable
to the City and will include the following: project title, sheet index, city name,
certifications, location map and legend.
Tabulation of Estimated Quantities and Construction Notes
Prepare a plan or plans indicating in tabular format the final bid items, quantity, size, etc.
to be included in the project and a listing of key general construction notes including a
tabulation of bench marks and control points.
Construction Staging, Sequencing and Traffic Control Plans
This item consists of design and drafting of a plan indicating the recommended project
staging and sequencing of construction. Minimizing disturbance to businesses and the
general public will be a key element in generating these plans.
Demolition / Removal Plans
Prepare final plans showing existing project area conditions at a scale of 1":10' and
indicating by notes and symbols the items to be removed, salvaged and or protected.
Layout Plans
Prepare final layout plans at a scale of 1":10' indicating the proposed location to the
nearest tenth of a foot of the proposed streetscape elements.
Construction Details
Prepare enlarged detail drawings in plan, cross section and/or isometric view to illustrate
and explain the installation, fabrication and construction of the proposed project elements.
Electrical Plans and Details
This will consist of the design and preparation of plans and details for a new pedestrian
lighting system, exterior receptacles, accent landscape lighting, kiosks and posting pillars.
Planting Plans
Prepare plans illustrating the design and placement of new plantings (shade trees and
shrubbery) with plant lists indicating plant species, size, quantity and root type.
Project Manual
Prepare a Project Manual for the project including notice of hearing and bid
advertisement, instructions to bidders, bid forms, bond forms, construction contract
forms, general conditions of the construction contract, supplementary general conditions
and detailed, special provisions to the latest edition of the Iowa Department of
Transportation Standard Specifications for Highway and Bridge Construction. The City's
standard format "front end" documents will be used. The City will provide a sample on
3.5 inch computer diskette in either WordPerfect 6.1 or Microsoft Word 97.
Technical review meetings with City staff will be held during this process at the 50%,
90% and 100% completion stages. BRW will conduct several electrical system design
review meetings with City staff and the public utility companies.
BRW will facilitate a public review session of the 90% plan improvement package. This
could be done as either a formal presentation or informally as a public "open house".
2
PHASE TWO CONSTRUCTION DOCUMENTS,
PLANS AND SPECIFICATIONS
As per the Phase One effort, prepare final plans and specifications for the implementation
of the remaining streetscape design improvements in Phase Two. Construction documents
will include:
Cover / Title Sheet
Tabulation of Estimated Quantities and Construction Notes
Construction Staging, Sequencing and Traffic Control
Demolition / Removal Plans
Layout Plans
Construction Details
Electrical Plans and Details
Planting Plans
Project Manual
Technical review meetings with City staff and public utility companies will be held during
this process at the 50%, 90% and 100% completion stages.
BRW will fine tune Phase Two plans based on what is learned during the construction of
Phase One.
As in Phase One, BRW will facilitate a public review session of the 90% plan
improvement package for Phase Two.
D. LETTING SERVICES -- PHASE ONE AND PHASE TWO
Printing
This task will consist of the plotting and delivery of one complete mylar set of
construction drawings for each bid package for the City to print and distribute to
prospective contractors and the printing and delivery of one copy of the project manual
for same.
Notice of Project
BRW will assist in the preparation of the advance notice to bidders, formal notices of
hearing and letting. Publication costs shall be borne by the City. A list of possible
bidders will be provided to the City.
Contractor Questions and Addenda
BRW will be available to answer questions from contractors prior to the letting and shall
prepare addenda as appropriate to interpret, clarify or expand the bidding documents.
BRW will facilitate a pre-bid meeting in Iowa City for Phase One and Phase Two.
Letting Bid Tabulation and Award Recommendation
BRW will tabulate the bids for the City, advise the City on the responsiveness of the
bidders and assist the City in making the award of contract. After the award is made,
BRW will assist in assembling the contract documents for the project included herein.
BRW will provide these services for Phase One and Phase Two.
E. PROJECT DELIVERABLES
Phase One Streetscape construction documents including mylar plan set, project manual
and electronic master drawing files.
Phase Two Streetscape construction documents including mylar plan set, project manual
and electronic master drawing files.
Final itemized engineers estimates of construction costs for each of the two phases.
Project Meetings and Presentations consisting of the following:
Two technical review meetings and one City Council meeting during design
development, consisting of two trips to Iowa City.
Three technical review meetings and one public review meeting during Phase One
final design, consisting of three trips to Iowa City.
Three technical review meetings and one public review meeting during Phase Two
final design, consisting of three trips to Iowa City.
Two public heating meetings, one for Phase One and one for Phase Two, consisting
of two trips to Iowa City.
Two pre-bid meetings, one for Phase One and one for Phase Two, consisting of two
trips to Iowa City.
II. TIME OF COMPLETION
BRW will prepare the work described herein per the following approximate time table:
Begin Phase One
Design Development*
April 3, 1998.
Complete Phase One
Design Development
April 21, 1998
Complete Phase One
Final Plans 100%
May 21, 1998
Begin Phase Two
Design Development**
July 6, 1998
Complete Phase Two Final Plans 100% November 2, 1998
4
* The Design Development work will be executed using the completed field survey as an underlying
base map; therefore the start date is dependent on the completion of the field survey.
** The preparation of Phase Two Design Development and Final Plans will require approximately
16 weeks to complete. BRW will need written authorization from the City by no later than
October 15, 1998 in order to achieve a Spring 1999 ( late April - early May) Phase Two Construction
Start.
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and agrees
to prohibit the following practices in any subcontracts.
To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, marital status, sexual orientation or gender
identity.
To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability, age,
marital status, sexual orientation or gender identity.
Should the City terminate this Agreement, the Consultant shall be paid for all work and
services performed up to the time of termination. However, such sums shall not be greater
than the "lump sum" amount listed in Section V. The City may terminate this Agreement
upon seven (7) calendar days' written notice to the Consultant.
This Agreement shall be binding upon the successors and assigns of the parties hereto,
provided that no assignment shall be without the written consent of all Parties to said
Agreement.
It is understood and agreed that the retention of the Consultant by the City for the purpose
of the Project shall be as an independent contractor and shall be exclusive, but the
Consultant shall have the right to employ such assistance as may be required for the
performance of the Project.
It is agreed by the City that all records and files pertaining to information needed by the
Consultant for the project shall be available by said City upon reasonable request to the
Consultant. The City agrees to furnish all reasonable assistance in the use of these records
and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any state,
federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
Go
At the request of the City, the Consultant shall attend such meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City shall be
given with reasonable notice to the Consultant to assure attendance.
5
Ho
The Consultant agrees to furnish, upon termination of this Agreement and upon demand
by the City, copies of all basic notes and sketches, charts, computations, and any other
data prepared or obtained by the Consultant pursuant to this Agreement without cost, and
without restrictions or limitation as to the use relative to specific projects covered under
this Agreement. In such event, the Consultant shall not be liable for the City's use of such
documents on other projects.
The Consultant agrees to furnish all reports, specifications, and drawings, with the seal
of a professional engineer affixed thereto or such seal as required by Iowa law.
Jo
The City agrees to tender the Consultant all fees in a timely manner, excepting, however,
that failure of the Consultant to satisfactorily perform in accordance with this Agreement
shall constitute grounds for the City to withhold payment of the amount sufficient to
properly complete the Project in accordance with this Agreement.
Should any section of this Agreement be found invalid, it is agreed that the remaining
portion shall be deemed severable from the invalid portion and continue in full force and
effect.
L. Original contract drawings shall become the property of the City. The Consultant shall
be allowed to keep mylar reproducible copies for the Consultant's own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project will be
paid by the City.
IV. PROJECT AUTHORIZATIONS
The City will provide written authorization to BRW initiating the preparation of Phase Two design
development and construction plans and specifications.
V. PROJECT FEES
mo
Fees for the scope of work described herein will be $202,000 including expenses. The fee
is based on 9% of an estimated, total, combined construction cost for the two phases of
$2,250,000, not including administrative costs or consulting fees. It is assumed that the
targeted total, combined construction cost for Phase One and Phase Two is $2,250,000
not including administrative costs or consulting fees.
B. Extra Services
Any extra services agreed to in writing by both parties shall be calculated on an hour
based fee according to the labor categories as itemized on the attached consultant's rate
schedule.
6
VI.
C. Billings
BRW will bill the City monthly based on the percentage of completion of the authorized
phase of work, including expenses. Billings will be due net 30 days. '
MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this Agreement, that it is the entire Agreement, and that
no other monies or considerations have been solicited.
Title: Mayor
Date: March 10, 1998
ATTEST: ~_--~.~
FOR T~SULTANT.~
Approved by:
City Attorney's Office
Date
G:x, SHARED~ENG INEER~BRW-IOWA.WPD
7
DESIGN SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of ~/,
, by and between the City of Iowa City, a municipal corporation, hereinafter referredfid5 as
the ~i,[y and BRW, Inc., of Minneapolis, Minnesota, hereinafter referred to as the Consulta~ft.
WHEREAS, the City desires the services of a consulting firm to prepare fin_a!/de~Ign work,
constructi~ plans, specifications, and bidding phase services for the Iowa yty Downtown
Streetscape 1~, provements;
NOW THEREFORE, it is agreed by and between the parties hereto that thejZity does now contract
with the Consul~t to provide services as set forth herein.
I. SCOPE OFfERVICES ./
Consultant agrees to~p~ the following services for the C)I,~, and todo so in a timely and
satisfactory manner. ~ Z .....
DOWNTOWN IOWA STREETSCAPE WORK/PROGRAM
FOR TWO PHASES ITRUCTION //
A. STREETS£ DESIGN DEVEJPMENT
Bo
The specific,
by the City Council
documents and more
written recommendations
Public Arts Advisory
elements, Design
integration of the Iowa
of the City Downtown Streetscape Plan as adopted
~e further to facilitate preparation of the construction
g. Design Development will also include
Public Relations Campaign, provisions to allow
participation in the design of applicable streetscape
College Street Watermain Replacement and the
Project. Two technical review meetings with
City staff will be required , process. BRW will also address the City Council
with an update of the refi~dments towX~he end of this stage.
PHASE ONE CONSTRUCTION DOCUI~ENTS,
PLANS AND SPECIFICATIONS X
Prepare final plans and specifications for the impl~mentation of the Phase One streetscape
design improvements utilizing survey base data, bekt,ch marks and control points prepared
by others and supplied by the City. Construction db~xments will include:
Cover / Title Sheet ~
Prepare a cover plan sheet for the pl_an_.set.. The cover sl~.et will be in a format suitable
to the City and will include the following: project t~le, sheet index, city name,
certifications, location map and lege
Tabulation of Estimated Quantities and Construction Notes
Prepare a plan or plans indicating in tabular format the final bid items, quantity, size, etc.
to be included in the project and a listing of key general construction notes including a
tabulation of bench marks and control points.
Construction Staging, Sequencing and Traffic Control Plans
This ite ~m, consists of design and drafting of a plan indicating the recommended project
staging and sequencing of construction. Minimizing disturbance to businesses and the
general public will be a key element in generating these plans.
Demolition / Removal Plans
Prepare final plans showing existing project area conditions at a scale of 1":10' and
indicating by notes and symbols the items to be removed, salvaged and or protected.
Layout Plans
Prepare final layout plans at a scale of 1"!,10' indicating the proposed location to the
nearest tenth of a foot of the proposed streetscape elements.
/
Construction Details
/
Prepare enlarged detail drawings in p~n, cross section and/or isometric view to illustrate
and explain the installation, fabrica/y,6n and construction of the proposed project elements.
Electrical Plans and Details //
This will consist of the design/and preparation of plans and details for a new pedestrian
lighting system, exterior recTacles, accent landscape lighting, kiosks and posting pillars.
Planting Plans /.
Prepare plans illustrat!.n~ t.he..design and placement of new plantings (shade trees and
shrubbery) with planTsts indicating plant species, size, quantity and root type.
Project Manual ~
Prepare a Proje]t Manual for. the project including notice of hearing and bid
advertisement, i/istructions to bidders, bid forms, bond forms, construction contract
forms, general/ffonditions of the construction contract, supplementary general conditions
and detailed/special provisions to the latest edition of the Iowa Department o,f
Transportat)6n Standard Specifications for Highway and Bridge Construction. The City s
standard f~4rmat "front end" documents will be used. The City will provide a sample on
3.5 mc~computer diskette in either WordPerfect 6.1 or Microsoft Word 97.
Tec/h~ical review meetings with City staff will be held during this process at the 50%,
90fl/o and 100% completion stages. BRW will conduct several electrical system design
/ .
r~v~ew meetings with City staff and the public utility companies.
BRW will facilitate a public review session of the 90% plan improvement package. This
could be done as either a formal presentation or informally as a public "open house".
2
PHASE TWO CONSTRUCTION DOCUMENTS,
PLANS AND SPECIFICATIONS
As per the Phase One effort, prepare final plans and specifications for the implementation
of the remaining streetscape design improvements in Phase Two. documents
'ill include:
Cc / Title Sheet
Tab of Estimated Quantities and Construction
Staging, Sequencing and Traffic Control
/ Removal Plans
Layout is
Constructi.Details
Electrical s and Details
Planting Plan~
Project Manual
Technical review
this process at the
, with
90% and
public utility companies will be held during
completion stages.
BRW will fine tune
Phase One.
on what is leamed during the construction of
As in Phase One, BRW wi
improvement package for
?acilitate a public review session of the 90% plan
D. LETTING SERVICES --
AND PHASE TWO
Printing
This task will consi~
construction drawin
prospective
for same.
of the plotting
for each bid
and the printing and
delivery of one complete mylar set of
for the City to print and distribute to
livery of one copy of the project manual
Notice of Pro
BRW will in the preparation of the advance
hearing Publication costs shall be bon
bidders be provided to the City.
to bidders, formal notices of
by the City. A list of possible
Co Questions and Addenda
will be available to answer questions from c( ,rior to the letting and shall
prepare addenda as appropriate to interpret, clarify or the bidding documents.
BRW will facilitate a pre-bid meeting in Iowa City for Phase ne and Phase Two.
Letting Bid Tabulation and Award Recommendation
BRW will tabulate the bids for the City, advise the City on the
bidders and assist the City in making the award of contract. Afte
:sponsiveness of the
the award is made,
3
BRW will assist in assembling the contract documents for the project included herein.
BRW will provide these services for Phase One and Phase Two.
E. PROJECT DELIVERABLES
Phas~ One Streetscape construction documents including mylar plan set, project
and e ctronic master drawing files.
and
Streetscape construction documents including mylar plan set,
tic master drawing files.
manual
Final itemiz, engineers estimates of construction costs for
the two phases.
Project Meetin and Presentations consisting of the follo~
Two review meetings and one
development, tsisting of two trips to Iowa
meeting during design
Three technical
final design,
meetings and one
of three trips to
review meeting during Phase One
City.
Three technical review
final design, consisting
and public review meeting during Phase Two
Iowa City.
Two public hearing meetings,
of two trips to Iowa City.
for Phase One and one for Phase Two, consisting
Two pre-bid meetings,
trips to Iowa City.
and one for Phase Two, consisting of two
II. TIME OF COMPLETION
BRW will prepare the work
herein per the
approximate time table:
Begin Phase One
Design Development*
Complete Phase One
Design Development
April 3, 1998.
April 21, 1998
Complete Phase One
Final Plans 100%
B~in Phase Two
fTesign Development**
' Complete Phase Two Final Plans 100%
May 21, 1998
July 6, 1998
November 2, 1998
4
* The Design Development work will be executed using the completed field survey as an underlying
base map; therefore the start date is dependent on the completion of the field survey.
** The preparation of Phase Two Design Development and Final Plans will require approximately
16 weeks to complete. BRW will need written authorization from the City by nr~'later than
October 15, 1998 in order to achieve a Spring 1999 ( late April ~ early May) Phase Construction
Start.
III. GENERAL TERMS
The Consultant
to prohibit the fo
tall not commit any of the following emp]
)wing practices in any subcontracts.
practices and agrees
To discharge
sex, national
identity.
refuse to hire any individual
in, disability, age, marital
of their race, color, religion,
sexual orientation or gender
To discriminate ag~ ;t any individual
employment because race, color,
marital status, sexual or
terms, conditions, or privileges of
sex, national origin, disability, age,
identity.
Should the City terminate this
services performed up to the time
than the "lump sum" amount listed
upon seven (7) calendar days' wr
the Consultant shall be paid for all work and
However, such sums shall not be greater
~ection V. The City may terminate this Agreement
notice to the Consultant.
This Agreement shall be
provided that no assi
Agreement.
shall be
the successors and assigns of the parties hereto,
the written consent of all Parties to said
It is understood and
of the Project
Consultant shall
performance
the
as an
the right to employ
ect.
of the Consultant by the City for the purpose
contractor and shall be exclusive, but the
assistance as may be required for the
It is agreed/lS'y the City that all records and fil
Consultaft for the project shall be available b2
Consultant. The City agrees to furnish all
and files.
pertaining to information needed by the
City upon reasonable request to the
in the use of these records
It is further agreed that no Party to this Agreeme shall perform contrary to any state,
federal, or local law or any of the ordinances of th, City of Iowa City, Iowa.
At the request of the City, the Consultant shall atte~ such meetings of the City Council
relative to the work set forth in this Agreement. An' requests made by the City shall be
given with reasonable notice to the Consultant to ass ire attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand
by the City, copies of all basic notes and sketches, charts, computations, and any other
data prepared or obtained by the Consultant pursuant to this Agreement without cost, and
without restrictions or limitation as to the use relative to specific projects covered under
this Agreement. In such event, the Consultant shall not be liable for the City'.s, fise of such
documents on other projects.
I. The Consult/mr agrees to furnish all reports, specifications, and with the seal
of a professional engineer affixed thereto or such seal as requi~ Iowa law.
The City
that failure
shall
properly
:s to tender the Consultant all fees in a excepting, however,
e Consultant to satisfactorily perform inwith this Agreement
for the City to withhold ent of the amount sufficient to
the Project in accordance with Agreement.
Should any
portion shall be
effect.
,f this Agreement be
,d severable from the inw
it is agreed that the remaining
portion and continue in full force and
L. Original contract shall become property of the City. The Consultant shall
be allowed to keep myl~ reproducible >ies for the Consultant's own filing use.
M. Fees paid for securing
paid by the City.
having jurisdiction over the Project will be
IV. PROJECT AUTH(I
The City will provide written
development and construction pl~
to BRW initiating the preparation of Phase Two design
,ns.
V. PROJECT FEES
A. Fees for the descrit
is based on an estimated.
$2,250,000, t including
targeted tt combined constructi,
not inclt administrative costs
/
B. E/~),,'a Services
//Any extra services agreed to in writi:
/ based fee according to the labor cate
schedule.
herein will be $202,000 including expenses. The fee
combined construction cost for the two phases of
costs or consulting fees. It is assumed that the
cost for Phase One and Phase Two is $2,250,000
consulting fees.
by both parties shall be calculated on an hour
ies as itemized on the attached consultant's rate
6
C. Billings
BRW will bill the City monthly based on the percentage of completion of the authorized
phase of work, including expenses. Billings will be due net 30 days.
VI. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in
accepted standards of the Engineering Profession.
with the generally
go
It is further agreed that there are no other consideration
resultin the execution of this Agreement, that
no other ,nies or considerations have been
monies contingent upon or
the entire Agreement, and that
FOR THE CITY
By:
Title:
Date:
ATTEST:
/:
Title:
Date:
CONSULTANT
Approved by:
City Attorney's Office
Date
7
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
RESOLUTION NO. 98-91
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 ;t0th day of March
,1998.
Aq-~EST: Ci~ L~~ERK ~' ~
MAYOR
~p'~oved bilr~%
City Attomey's Office
ppdad minYes~Jowaave.doc
Resolution No. 98-91
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
O'Donnell
AYES: NAYS: ABSENT:
the Resolution be
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Jeff Davidson, Asst. Planning Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252
RESOLUTION NO. 98-92
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY FOR
CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY
WHEREAS, the City of Iowa City desires to construct the Iowa Avenue Multi-Use Parking Facility
("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 the acquisition of certain
property rights is necessary to construct, operate, and maintain the proposed Project; and
WHEREAS, the City has determined the location of the Project; and
WHEREAS, City staff should be authorized to acquire necessary property dghts 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:
1. The City Council finds that it is in the public interest to acquire property rights by warranty,
quit-claim deed and/or easement for construction of the Iowa Avenue Multi-Use Parking
Facility project ("Project"). 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.
2. The City Manager or designee 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. The City Manager or designee is authorized to sign
purchase agreements for the purchase of property and/or easements, and offers to purchase
property and/or easements.
3. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to
execute and attest easement agreements and agreements in lieu of condemnation. The City
Attorney is hereby directed to take all necessary action to complete said transactions, as
required by law.
4. 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.
Resolution No. 98-92
Page 2
Passed and approved this loth
day of March
,1998.
p!~roved by
City Attomey's Office
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
Norton
ABSENT:
X
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
ppdad min~res~iowapank.doc
Prepared by: David Schoon, Econ. Dev. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236
RESOLUTION NO. 98-93
RESOLUTION APPROVING LOAN AGREEMENTS BETWEEN THE CITY OF
IOWA CITY, THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, AND
ORAL-B LABORATORIES FOR $150,000 OF COMMUNITY ECONOMIC
BETTERMENT FUNDS AND FOR $40,000 FROM THE CITY TO ASSIST WITH
A FACILITY EXPANSION
WHEREAS, the Iowa Community Economic Betterment Account (CEBA) program provides
funding to cities to promote economic development and create long-term employment
opportunities; and
WHEREAS, it is in the public interest to use state and local funding to encourage economic
development in Iowa City, Iowa; and
WHEREAS, the City of Iowa City has applied for and obtained CEBA funding from the Iowa
Department of Economic Development ("State") in the form of a $150,000 forgivable loan for Oral-
B Laboratories, as provided by Iowa Code; and
WHEREAS, the State has approved the City's forgivable loan to Oral-B Laboratories in an amount
of $40,000 as an integral part of the overall CEBA funding from the State, contingent on City and
Oral-B Laboratories entering into a separate funding loan agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council finds that it is in the public interest to encourage economic development
within the City, therefore, the Loan Agreements between the City and the State, and between
the City and Oral-B Laboratories, copies of which are attached hereto, are hereby approved in
form and substance.
2. The Mayor is authorized and directed to sign, and the City Clerk to attest, the attached Loan
Agreements.
3. The City Manager is hereby authorized and directed to take any additional actions necessary
to carry out the terms of the attached agreements.
Passed and approved this 10th
day of March
,1998.
Resolution No. 98-93
Page 2
It was moved by Norton
adopted, and upon roll call there were:
and seconded by Thornberry the Resolution be
AYES: NAYS: ABSENT:
X Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
ecodev~res\oralb.doc
CONTRACT NUMBER 97-PRO-05
Iowa Clty/Oral-B Laboratories
PAGE I
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
CEBA LOAN AGREEMENT
CEBA LOAN NUMBER: 97-PRO-05
AWARD DATE: November 19, `1996
KIND OF AWARD: For.clivable Loan
AWARD AMOUNT: $ '150,000
THIS COMMUNITY ECONOMIC BETTERMENT ACCOUNT ("CEBA") AGREEMENT is made by and among the
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309
("Department" or"IDED"), City of Iowa City, 410 E. Washington, City Hall, Iowa City, Iowa 52240 ("Community"), and Oral-
B Laboratories, 1832 Lower Muscatine Road, Iowa City, Iowa 52240 ("Business").
The Department desires to make a loan to the Community for the benefit of the Business and the Community
desires to accept this loan, all upon the terms and conditions set forth in this Agreement. The Community desires to make
a loan to the Business and the Business desires to accept this loan, all upon the terms and conditions set forth in this
Agreement.
THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable
consideration, it is agreed as follows:
ARTICLE I
DEFINITIONS
As used in this Agreement, the following terms shall apply:
1.1 AGREEMENT EXPIRATION DATE. "Agreement Expiration Date" means the date the Agreement ceases to
be in force and effect. The Agreement expires upon the occurrence of one of the following: a) the Agreement is terminated
by the Department due to any default under Article X; or b) if the Agreement includes only a Forgivable Loan, at the end of
the Project Completion Date during which the Job Attainment Obligation has been fulfilled and notice of same has been
provided by IDED.
1.2 AWARD DATE. "Award Date" means the date on which the Economic Development Board approved the
IDED CEBA participation.
1.3 COMMUNITY BASE JOBS. "Community Base Jobs" means the number of Full-time Equivalent (FTE) Jobs
the Department determines are in place in the Community at the time of application for CEBA funds and which will remain
in the Community whether or not CEBA funds are awarded. Said jobs must be maintained for a minimum of thirteen (13)
weeks beyond the Project Completion Date.
1.4 CREATED JOBS. "Created Jobs" means the number of new Full-time Equivalent (FTE) Jobs the Business
will add to the Community which meet the Project Wage Obligation over and above the number of Community Base Jobs
and/or Retained Jobs.
1.5 FORGIVABLE LOAN. "Forgivable Loan" means a loan for which repayment is elimihated in part or entirely if
the Community and Business satisfy the terms of this Agreement, including the Job Attainment and Wage Obligations
stated in Article VII.
1.6 FULL-TIME EQUIVALENT (FTE) JOB. "Full-time Equivalent (FTE) Job" means the equivalent of
employment of one (1) person for eight (8) hours per day for a five (5) day forty (40) hour workweek for fifty two (52) weeks
r year.
1.7 JOB ATTAINMENT OBLIGATION. "Job Attainment Obligation" means the aggregate total number of
Community Base Jobs, Retained Jobs, Created Jobs and State Employment Level pledged by the Community and
Business.
CONTRACT NUMBER 97-PRO-05
Iowa City/Oral~B Laboratories
PAGE 2
1.8 LOAN. "Loan" means a Forgivable Loan, the terms of which are or may be set forth in this Loan Agreement.
1.9 LOAN AGREEMENT or AGREEMENT. "Loan Agreement" or "Agreement" means this Agreement, the
Project budget and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Agreement
and all other instruments or documents executed by the Business or Community or otherwise required in connection with
the Agreement, including but not limited to the following:
a. Attachment A, Project Budget_
b Attachment C, CEBA Application for Assistance
c. List of positions and associated hourly rate of pay to be created and/or retained as a result of this
project. Those positions paying equal to or greater than the project Wage Threshold must be highlighted.
1.10 PROJECT. "Projecf' means the detailed description of the work, services, job attainment requirements and
other obligations to be performed or accomplished by the Community and Business as described in this Agreement and
the CEBA application approved by the Department.
1.11 PROJECT COMPLETION DATE. "Project Completion Date" means December 31, 1998 and is the date by
which the Project tasks shall have been fully accomplished including fulfillment of the Job Attainment Obligation.
1.12 PROJECT WAGE OBLIGATION. The "Project Wage Obligation" is at least 85 % of the County
Average wage as compiled from data from the Department of Employment Services. The "Project Wage Obligation" for
this project is a starting wa.qe of at least $ 7.91 /hour .
1.13 RETAINED JOBS. "Retained Jobs" means the number of Full-time Equivalent (FTE) Jobs the Department
~.termines are in place in the Community at the time of application for CEBA assistance and which the Business and
Community agree will be retained due to receipt of the CEBA funds.
ARTICLE II
FUNDING
2.1 FUNDING SOURCE. The source of funding for the Loan is an appropriation by the State legislature for the
CEBA Program. W~th respect to the closing of the Loan, processing of post-closing documents and administration of the
Loan until paid in full, the Business and Community shall comply with the requirements, conditions and rules of the
Department and any other public or private entity having authority over the funds or the Loan.
2.2 RECEIPT OF FUNDS. All payments under this Agreement are subject to receipt by the Department of
sufficient State funds for the CEBA program. Any termination, reduction or delay of CEBA funds to the Department shall, at
the option of the Department, result in the termination, reduction or delay of CEBA funds to the Community and the
Business.
2.3 PRIOR COSTS. No expenditures made prior to the Award Date may be included as Project costs for the
purposes of this Agreement.
2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT.
Not Applicable
ARTICLE III
TERMS OF LOAN
3.1 LOAN. The Department agrees to make a forgivable loan in the amount of
Community on behalf of the Business to assist in the financing of the Project.
$150,000 to the
3.2 PROMISSORY NOTES. Not Applicable
3.3 OTHER TERMS. 1) CEBA funds to be disbursed at the Project Completion Date as job and wage
requirements are qualified as described in Article 10.4.
CONTRACT NUMBER 97-PRO-05
Iowa City/Oral-B Laboratories
PAGE 3
3.4 PREPAYMENT. Not Applicable
3.5 ACCELERATION UPON DEFAULT. Not applicable
3.6 FORGIVABLE LOAN AMORTIZATION. If the award includes a Forgivable Loan, the Department will, in its
sole discretion, determine if the Business has satisfied the terms of this Agreement, including fulfillment of the Job
Attainment and Wage Obligation by the Project Completion Date. If the Department determines that the Business has
satisfied said terms, then the CEBA funds will be disbursed on a pro-rata formula outlined in article 10.4 of this agreement.
ARTICLE IV
CONDITIONS TO DISBURSEMENT OF FUNDS
Unless and until the following conditions have been satisfied, the Department shall be under no obligation to
disburse to the Community or Business any amounts under the Loan Agreement:
4.1
AUTHORITY. The Business shall have submitted the following documents to the Department:
a. Certificate of Good Standing of the corporation.
b. Resolution of the Board of Directors authorizing the corporation's execution and delivery of this Loan
Agreement; and specifying the officer(s) authorized to execute the Loan Agreement and bind the
corporation.
4.2 PROJECT SCHEDULE. The Community and the Business shall have submitted a completed Project
schedule on the form provided by the Department and received the Department's approval of the Project schedule.
4.3 CONSULTATION WITH EMPLOYMENT SERVICES. The Business shall have provided documentation to
the Department that it has consulted with the area Department of Employment Services (DES) Workforce Center office to
discuss employment services available. In addition, the Business must provide to DES agencies a list of positions to be
created including job descriptions and qualifications.
4.4 LOAN AGREEMENT EXECUTED. The Loan Agreement shall have been properly executed and, where
required, acknowledged.
4.5 PROJECT FINANCIAL COMMITMENTS. The Business and Community shall have submitted a letter from
each of the following committing to the specified financial involvement in the Project and received the Department's
approval of the letters of commitment including rate and terms:
Source Type Amount
Iowa City Forgivable Loan $ 40,000
Iowa City Property Tax $ 172,000
Kirkwood C.C. Job Training $ 197,000
MidAmerican Energy Rate Reduction $ 270,000
Business IntemaVIntercompany $24,195,000
Each letter shall include the amount, terms and conditions of the financial commitment, as well as any applicable
schedules.
4.6 RECORDING. Not Applicable ~
4.7 SOLID AND HAZARDOUS WASTE REDUCTION PLAN. A Business which generates solid or hazardous
waste shall have submitted the following information concerning the project site:
a. A copy of the February 21, 1997 Environmental and Safety Audit Report, Oral B, Iowa City.
4.8 JOB ATTAINMENT & WAGE OBLIGATION. Funds disbursed at the Project Completion Date.
4.9 COST VARIATION. In the event that the total Project cost is less than the amount specified in this
Agreement, the CEBA participation may be reduced at the same ratio as CEBA funds are to the total Project cost.
CONTRACT NUMBER 97-PRO-05
Iowa City/Oral-B Laboratories
PAGE 4
ARTICLE V
REPRESENTATIONS AND WARRANTIES OF BUSINESS
To induce the Department to make the Loan referred to in this Agreement, the Business represents, covenants
and warrants that:
5.1 AUTHORITY. The Business is a corporation duly organized and validly existing under the laws of the state of
incorporation and is in good standing, and has complied with all applicable laws of the State of Iowa. The Business is duly
authorized and empowered to execute and deliver the Loan Agreement. All action on the Business' part, such as
appropriate resolution of its Board of Directors for the execution and delivery of the Loan Agreement, has been effectively
taken.
5.:2 FINANCIAL INFORMATION. All financial and other related materials concerning the Business and the
Project provided to the Department are true and correct in all material respects and completely and accurately represent
the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change
has occurred since that date.
5.3 APPLICATION. The contents of the application the Business submitted to the Department for CEBA funding
is a complete and accurate representation of the Business and the Project as of the date of submission and there has
been no material adverse change in the Business since the date the Business submitted its CEBA application to the
Department.
5.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge
of the Business, threatened against the Business affecting in any manner whatsoever their rights to execute the Loan or
ability of the Community or Business to make the payments required under the Loan, or to otherwise comply with the
~,,~igations of the Business contained under the Loan. There are no actions, lawsuits or proceedings at law or in equity, or
before any governmental or administrative authority pending or, to the knowledge of the Business, threatened against or
affecting the Business or any property or collateral pledged as security for the Loan.
5.5 PRIOR AGREEMENTS. The Community and the Business separately or jointly have not entered into any
verbal or wdtten contracts, agreements or arrangements of any kind which are inconsistent with the Loan Agreement.
5.6 EFFECTIVE DATE. The covenants, warranties and representations of this Article are made as of the date of
this Agreement and shall be deemed to be renewed and restated by the Business at the time of each advance or request
for disbursement of funds.
ARTICLE Vl
COVENANTS OF BUSINESS
6.1 AFFIRMATIVE COVENANTS. Until payment in full or required part, or forgiveness of the Loan, the Business
covenants with the Community and IDED that:
(a) PROJECT WORK AND SERVICES. The Business shall complete the work and services detailed
in its CEBA application by the Project Completion Date.
(b) JOB ATTAINMENT OBLIGATION. By the Project Completion Date, the Business shall have fulfilled
its Job Attainment Obligation described in Article VII of this Agreement.
(c) BUSINESS RETENTION. The Business shall have and maintain in the Community the Business
premises and operations at least through the Agreement Expiration Date.
(d) RECORDS AND ACCOUNTS. The Business shall maintain job data information, books, records,
documents and other evidence pertaining to all costs and expenses incurred and revenues received under this Loan
Agreement concerning the project, in sufficient detail to reflect all costs, direct and indirect, of labor, materials, equipment,
supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this Loan
Agreement. The Business shall retain all records for a period of three (3) years from the Agreement Expiration Date.
CONTRACT NUMBER 97-PRO-05
Iowa Clty/Oral-B Laboratories
PAGE 5
(e) ACCESS TO RECORDS/INSPECTIONS. Not Applicable
(f) USE OF LOAN FUNDS. The Business shall expend funds received under the Loan only for the
purposes and activities described in its CEBA Application and approved by the Department.
(g) DOCUMENTATION. The Business shall make available for inspection by the Community and/or
IDED and provide photocopies of the following documents, at the Project Completion Date, (i) copies of all contracts or
agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a summary of
project expenditures, (iv) a payroll register and employers contribution & payroll report for the pay period ending closest to
the Project Completion Date.
(h) NOTICE OF PROCEEDINGS. The Business shall promptly notify the Community and IDED of the
initiation of any claims, lawsuits, bankruptcy proceedings or other proceedings brought against the Business which would
materially have material adverse impact the project, including, but not limited to, any proceedings to assert or enforce liens
against collateral securing the Loan.
(i) REPORTS. The Business shall prepare, sign and submit the following reports to the Community
throughout the Project period:
Report Due Date
Project Schedule Prior to the first draw of CEBA Loan proceeds
Semi-Annual Progress
Not Applicable
Quarterly "ECPR"
Not Applicable
Semi-Annual Payroll
Not Applicable
Status of CEBA Funds Report
To request funds
AnnuaiReport
Not Applicable
Final "ECRP"
with created and/or
retained jobs paying at least
$ 7.91/hr highlighted.
On the Project Completion Date
Final Expenditure Summary
On the Project Completion Date
Payroll Register and"Employer's Not Applicable
Contribution Payroll Register"
90 days past the Project Completion Date
Community and
materially affect
(j) NOTICE OF BUSINESS CHANGES. The Business shall provide prompt advance notice to the
the Department of any proposed change in the Business ownership, structure or control which would
the project goals.
(k) NOTICE OF MEETINGS. Not Applicable
(I) MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. Not Applicable
(m) INDEMNIFICATION. The Business shall indemnify and hold harmless the Department, its officers
and employees, from and against any and all losses relating to the project, except those losses incurred by the
CONTRACT NUMBER 97oPRO-05
Iowa City/Oral-B Laboratories
PAGE 6
Department resulting from willful misconduct or negligence on its or their part. The Business shall indemnify and hold
harmless the Community, its officers and employees from and against any and all losses relating to the project, except
those losses incurred by the Community resulting from willful misconduct or negligence on its or their part, which losses
shall include losses of the Community incurred in indemnifying and holding harmless the Department.
(n) PROJECT FEES. Not Applicable
(o) INTEREST AND SURPLUS PROCEEDS. Not Applicable
6.2 NEGATIVE COVENANTS. So long as the Business is indebted to IDED and/or Community, the Business
shall not, without prior written disclosure to the Community and IDED and prior written consent of IDED (unless IDED prior
approval is expressly waived below), directly or indirectly:
(a) BUSINESS' INTEREST. Assign, waive or transfer any of Business' rights, powers, duties or
obligations under this Loan Agreement.
(b) PROPERTY/COLLATERAL Not Applicable
(c) RESTRICTIONS. Not Applicable
(d) REMOVAL OF COLLATERAL. Not Applicable
(e) RELOCATION OR ABANDONMENT. Relocate its operations, physical facilities or jobs (including
·eated, Retained and Community Base Jobs) assisted with the Loan proceeds outside the Community or abandon its
.,perations or facilities or a substantial portion thereof within the Community during the Loan term.
(f) BUSINESS OWNERSHIP. Materially change the ownership, structure, or control of the business
resulting in a material adverse impact on the Project, including but not limited to, entering into any merger or consolidation
with any person, firm or corporation or permitting substantial distribution, liquidation or other disposal of business assets
directly associated with the Project.
(g) BUSINESS OPERATION. Materially change the nature of the business being conducted, or proposed
to be conducted, as described in the Business' application for CEBA funding.
7.1
Community a total of 514 FTE Jobs as set forth below:
Proiect Employment Attainment Obli.qation
Community Base Jobs 419
*Retained Jobs 40
**Created Jobs 55
Total 514
ARTICLE VII
JOB A'i-rAINMENT AND WAGE OBLIGATION
COMMUNITY EMPLOYMENT LEVEL. On the Project Completion Date, the Business shall have in the
Wa_cl e Obli(~ation
NA
at least $7.91/hr
at least $7.91/hr
Retained positions must have an hourly wage of at least $7.91 per hour and must average at least
$14.11 per hour
Created positions must have a minimum starting salary of at least $7.91 per hour and must
average at least $12.65 per hour.
7.2 STATE EMPLOYMENT LEVEL. Not Applicable
7.3 CALCULATION OF JOB ATTAINMENT OBLIGATION. The Department has the final authority to assess
whether the Business has met its Job Attainment and Wage Obligation at the Project Completion Date. The Department
shall determine the number of Community Base, Retained and Created FTE Jobs maintained, retained and created by the
Business.
CONTRACT NUMBER 97-PRO-05
Iowa City/Oral-B Laboratories
PAGE 7
ARTICLE VIII
COVENANTS OF THE COMMUNITY
8.1 AFFIRMATIVE COVENANTS. Until payment in full or required part, or forgiveness of the Loan, the
Community covenants with IDED that:
(a) PROJECT WORK AND SERVICES. The Community shall perform work and services detailed in the
CEBA application by the Project Completion Date.
(b) REPORTS REVIEW. Not Applicable
(c) RECORDS. The Community shall maintain books, records and documents in sufficient detail to
demonstrate compliance with the Loan Agreement and shall maintain these materials for a period of three (3) years
beyond the Agreement Expiration Date.
(d) FILING. Not Applicable
(e) INDEMNIFICATION. The Community shall indemnify and hold harmless the Department, its officers
and employees from and against any and all losses, including any loss due to the failure of the Community to file any and
all Security Instruments in a proper and timely manner.
(f) REQUESTS FOR LOAN FUNDS. The Community shall review the Business' requests for Loan funds
to ensure that the requests are in compliance with the Department's requisition procedures and shall execute and forward
the requests to the Department for processing.
(g) REPAYMENTS. Not Applicable
(h) UNUSED LOAN PROCEEDS. Not Applicable
(i) NOTICE OF MEETINGS. The Community shall notify the Department at least ten (10) days in
advance of all public or closed meetings at which the subject matter of this Loan and/or the Project is proposed to be
discussed. The Community shall provide the Department with copies of the agenda and minutes of such meetings and
expressly agrees that a representative of the Department has the right to attend any such meetings for the purposes of the
discussion of the Project and/or the Loan.
(j) NOTICE TO DEPARTMENT. In the event the Community becomes aware of any matedal alteration in
the Project, initiation of any investigation or proceeding involving the Project or Loan, change in the Business' ownership,
structure or operation, or any other similar occurrence, the Community shall promptly notify the Department.
(k) RESPONSIBILITY UPON DEFAULT. If the Business fails to perform under the terms of the Loan
Agreement and the Department declares the Business in default, the Community shall be primarily responsible for
recovery of Loan proceeds, as well as penalties, interest, costs and foreclosure on collateral. The Department may also
initiate an action to recover such proceeds, or may intervene in any action commenced by the Community.
8.2 NEGATIVE COVENANTS. So long as the Business is indebted to IDED and loan p~-yments are in arrears or
past due, the Community shall not, without written consent of IDED, accept any loan repayments and/or settlements on
community funds considered local effort in this agreement:
(a) ASSIGNMENT. Assign its rights and responsibilities under this Loan Agreement.
(b) ALTER FINANCIAL COMMITMENTS. Alter, accelerate or otherwise change the terms of the
t.;ommunity's financial commitment to the Business as set forth in Article 4.5.
(c)
ADMINISTRATION. Discontinue administration or loan servicing activities under the Loan
Agreement.
CONTRACT NUMBER 97-PRO-05
Iowa City/Oral-B Laboratories
PAGE 8
ARTICLE IX
SECURITY
9.1 SECURITY INSTRUMENTS. There is no security required in this agreement. CEBA funds are to be disbursed
at the Project Completion Date based on a pro-rata basis of $1,579 per each Full Time Equivalent job created and/or
retained, not to exceed $150,000.
9.2 FINANCING STATEMENT. Not Applicable
9.3 MORTGAGE. Not Applicable
ARTICLE X
DEFAULT AND REMEDIES
10.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Loan Agreement:
(a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made
or furnished to the Department by, or on behalf of, the Business or Community in connection with this Loan Agreement or
to,induce the Department to make a loan to the Community and/or Business shall be determined by the Department to be
incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been
remedied to the Department's satisfaction within thirty (30) days after written notice by the Department is given to the
Business or Community.
(b) NON-PAYMENT. Not Applicable
(c) NONCOMPLIANCE. If there is a failure by the Business or Community to comply with any of the
covenants, terms or conditions contained in this Agreement or Security Instruments executed pursuant to this Agreement.
(d) PROJECT COMPLETION DATE. If the Project, in the sole judgment of the Department, is not
completed on or before the Project Completion Date.
(e) JOB ATTAINMENT OBLIGATION. If the Business, in the exclusive judgment of the Department, fails
to meet 50% of its Job Attainment and Wage Obligation.
(f) BUSINESS CHANGES. If there is a matedal change in the Business ownership, structure or control
which occurs without the prior wdtten disclosure to and if required, written permission of the Department, and such change
would have a matedal adverse impact on the project.
(g) RELOCATION OR ABANDONMENT. If there is a relocation or abandonment of the Business or jobs
created or retained under the Project.
(h) MISSPENDING. If the Business or Community expends Loan proceeds for purposes not described in
the CEBA application or authorized by the Department.
(i) INSOLVENCY OR BANKRUPTCY If the Business becomes insolvent or bankrupt, or admits in writing
its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or the Business applies for
or consents to the appointment of a trustee or receiver for the Business or for the major part of its property; or if a trustee
or receiver is appointed for the Business or for all or a substantial part of the assets of the Business and the order of such
~opointment is not discharged, vacated or stayed within sixty (60) days after such appointment; or if bankruptcy,
~rganization, arrangement, insolvency, or liquidation proceedings or other proceedings for relief under any bankruptcy or
similar law or laws for the relief of debtors, are instituted by or against the Business and, if instituted against the Business,
is consented to, or, if contested by the Business is not dismissed by the adverse parties or by an order, decree or
judgment within sixty (60) days after such institution.
CONTRACT NUMBER 97-PRO-05
Iowa City/Oral-B Laboratories
PAGE 9
(j) INSURANCE. Not Applicable
(k) INSECURITY. Not Applicable
10.2 NOTICE OF DEFAULT. The Department shall issue a written notice of default providing therein a thirty (30)
day period in which the Business shall have an opportunity to cure, provided that cure is possible and feasible.
10.3 REMEDIES UPON DEFAULT. If the default remains unremedied, IDED shall have the right to do one or
more of the following:
(a) exercise any remedy provided by law;
(b) Terminate this agreement.
10.4 FAILURE TO MEET JOB A'I-!'AINMENT OBLIGATION. If the Business is determined by the Department to
be in default of the Loan Agreement due to meeting less than one hundred percent (100%) but greater than fifty percent
(50%) of its Job Attainment and Wage Obligation, the Department will permit disbursement of funds only as follows:
(a) FORGIVABLE LOANS. At the Project Completion Date, if the Business has fulfilled at least 50%
of its job creation & retention and wa.qe obliqation, $1,578.94 will be disbursed for each new FTE iob created & FTE iob
retained (not to exceed $150,000). Any balance (shortfall) will be recaptured by the Department. If the Business has
failed to fulfill at least 50% of its lob creation & job retention and waqe obliqation, 100% of the CEBA award will be
recaptured and no disbursement of CEBA funds will occur.
(b) CONVENTIONAL LOANS. Not Applicable
(c) LOANS WITH A DEFERRED PAYMENT PERIOD. Not Applicable
ARTICLE Xl
DISBURSEMENT PROCEDURES
11.1 REQUEST FOR REIMBURSEMENT. All disbursements of proceeds shall be subject to receipt by the
Department of requests for disbursement submitted by the Community. Requests for disbursement shall be in form and
content acceptable to the Department.
ARTICLE Xll
GENERAL TERMS AND PROVISIONS
12.1 BINDING EFFECT. This Loan Agreement shall be binding upon and shall inure to the benefit of the
Department, Community and Business and their respective heirs, successors, legal representatives and assigns. The
obligations, covenants, warranties, acknowledgments, waivers, agreements, terms, provisions and conditions of this Loan
Agreement shall be jointly and severally enforceable against the parties to this Loan Agreement.
12.2 COMPLIANCE WITH LAWS AND REGULATIONS. The Community and Business shall comply with all
applicable State and federal laws, rules (including the administrative rules adopted by the Department for the CEBA
Program - 261 Iowa Administrative Code, chapter 53), ordinances, regulations and orders.
12.3 TERMINATION FOR CONVENIENCE. In addition to termination due to an Event of Default or
nonappropriation of CEBA funds, this Loan Agreement may be terminated in whole, or in part, when the Department,
Community and the Business agree that the continuation of the Project would not produce beneficial results
commensurate with the future disbursement of Loan funds. The Department, Community and Business shall agree upon
the termination conditions. The Community and Business shall not incur new obligations after the effective date of the
mination and shall cancel as many outstanding obligations as is reasonably possible. The Department will allow full
credit to the Community or the Business for the Department share of the noncancellable obligations allowable under the
Loan Agreement and properly incurred by the Community or Business prior to termination. The business has the dght to
terminate this agreement for any reason without penalty except for the repayment of all funds disbursed to the business in
connection with this loan agreement.
CONTRACT NUMBER 97-PRO-05
Iowa City/Oral-B Laboratories
PAGE 10
12.4 PROCEDURE UPON TERMINATION. Not Applicable
12.5 SURVIVAL OF AGREEMENT. if any portion of this Loan Agreement is held to be invalid or unenforceable,
the remainder shall be valid and enforceable. The provisions of this Loan Agreement shall survive the execution of all
instruments herein mentioned and shall continue in full force until the Loan is paid in full.
12.6 GOVERNING LAW. This Loan Agreement and all Security Instruments shall be interpreted in accordance
with the law of the State of iowa, and any action relating to the Loan Agreement shall only be commenced in the Iowa
District Court for Polk County or the United States District Court for the Southern District of Iowa.
12.7 MODIFICATION. This Loan Agreement may not be changed, waived, discharged or terminated orally, but
only by a written document signed by the party against whom enforcement of the change, waiver, discharge or termination
is sought.
12.8 NOTICES. Whenever this Loan Agreement requires or permits any notice or written request by one party to
another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore
stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited
in the United State Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or
two (2) business days after posting. The Department may rely on the addresses of the Business and Community set forth
heretofore, as modified from time to time, as being the addresses of the Community and Business.
12.9 INVESTMENT OF LOAN FUNDS. Not Applicable.
12.10 RESOLUTION OF DISAGREEMENT. Not Applicable.
12.11 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other
default or of the same default on any future occasion. No delay on the part of the Department in exercising any right or
remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the
Department shall preclude future exercise thereof or the exercise of any other right or remedy.
12.12 LIMITATION. It is agreed between the Community and the Business that the Department shall not, under
any circumstances, be obligated financially under this Loan Agreement except to disburse funds according to the terms of
the Agreement.
12.13 ENFORCEMENT EXPENSES. The Business shall pay upon demand any and all reasonable fees and
expenses of the Community and/or the Department, including the fees and expenses of their attorneys, experts and
agents, in connection with the exercise or enforcement of any of the rights of the Department and/or Community under the
Loan Agreement.
12.14 HEADINGS. The headings in this Loan Agreement are intended solely for convenience of reference and
shall be given no effect in the construction and interpretation of this Loan Agreement.
12.15 FINAL AUTHORITY. The Department shall have the final authority to assess whether the Business has
met its Job Attainment Obligation and whether the CommunitY and Business have otherwise complied with the terms of
this Agreement.
12.16 INTEGRATION. This Loan Agreement contains the entire understanding between the Community,
Business and the Department and any representations that may have been made before or after the signing of this Loan
jreement, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any
such prior representation in entering into this Loan Agreement.
CONTRACT NUMBER 97-PRO-05
Iowa City/Oral-B Laboratories
PAGE 11
12.17 COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall
be deemed to be an original, but all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Loan Agreement effective as of the Award Date first stated.
COMMUNITY:
Attorney for Iowa City
Approved a~~ormt a~y
q (~i,i~ Atto rne~ V,.~By :.....~--~~-~.x~.~
BY:
Mayor
E~'nest; W. Lehman, Ma.yor'
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT:
Bureau of Business Finance
BY:
David J. Lyons, Director ~)
'JSINESS:
Oral-B Laboratories
BY:
Name ~/Title
(Please type or print)
City of Iowa City
MEMORANDUM
Date:
To:
From:
March 4, 1998
David Schoon, Economic Development Coordi~a
Re: Oral-B Laboratories CEBA Loan Agreement
On your agenda is a resolution approving loan agreements between the City of Iowa City,
the Iowa Department of Economic Development, and Oral-B Laboratories for $150,000 of
CEBA funds and t~40,000 from the City to assist with a facility expansion. After a series
of revised agreements, the State, Oral-B Laboratories, and City staff have come to terms
on the loan agreements.
Background
In the fall of 1996, the City of Iowa City applied to the State on behalf of Oral-B
Laboratories for Community Economic Betterment Account (CEBA) funding. The State
awarded Oral-B a $150,000 forgivable loan. As part of the CEBA award, the City
contributed a local match of 940,000, also in the form of a forgivable loan.
After the award was made, the staff at OraI-B's corporate headquarters reviewed the draft
loan agreement and had concerns regarding certain reporting requirements and covenants
contained in the loan agreement. Given their concerns, the corporate staff decided not to
pursue the forgivable loan. This decision by corporate staff was made after minimal effort
to negotiate the terms of the State issued loan agreement. Items that Oral-B wished to
amend were standard components of the loan agreement which the State has used for a
number of years. At that point in time, it appeared there was little room for negotiation
regarding components and terms of the agreement.
Shortly after OraI-B's decision regarding the loan agreement was made, Marty Kelly of the
Iowa City Area Development Group approached the Director of the Iowa Department of
Economic Development (IDED) asking him if the State would consider amending significant
portions of the loan agreement to address OraI-B's concerns. Given that Oral-B had
indicated that the offer of financial assistance demonstrated to the company's top
management that the State of Iowa and the Iowa City community supported the local
operation's effort in landing the expansion project, both Marty and the Director concluded
that it was important to make a good faith effort to follow through with that show of
support. The State and community wanted to demonstrate to Oral-B that we are willing to
work with them not only on this present project but also on any future expansion projects.
Loan Agreement
The CEBA loan agreement before you differs significantly from the standard CEBA loan
agreement. The changes are in response to OraI-B's concerns regarding certain reporting
requirements and covenants. The most significant changes deal with when the funds are
to be disbursed and when OraI-B's obligations are considered fulfilled under the loan
agreement. The loan agreements cover both the CEBA funds of $150,000 and the
$40,000 of City funds.
Under the standard loan agreement, the State and City would provide the company with
the funds up front and the company would demonstrate, two years after the award date,
that it has met its obligations under the loan agreement (e.g. number of positions created,
hourly wages, and the amount of investment in the project). If the company did not fully
meet its obligations, the company would have to reimburse the State and City as outlined
under the schedules and terms outlined in the agreements. Three years after either of
these determinations, the company would once again have to demonstrate that it continued
to meet its loan agreement obligations. If the obligations were not met, the company
would have to reimburse the State and City under the schedules and terms outlined in the
agreement.
Under the proposed agreements attached, before Oral-B can receive any of the CEBA or
Community funds it must demonstrate that it has met its obligations under the loan
agreements. Oral-B must demonstrate this at the loan agreement's project completion date
which is December 31, 1998. If Oral-B meets all of its obligations, funds are disbursed and
Oral-B has no further obligations under the loan agreements. If Oral-B fails to fully meet its
obligations, funds are disbursed based upon on a prorated formula outlined in the loan
agreements, and Oral-B has no further obligations under the loan agreement.
At your work session, I and a representative from Oral-B will be present to address any
comments or questions regarding the proposed loan agreements.
Bill DeStefano, Oral-B
Rich Colgan, Oral-B
Karin Franklin
Sarah Holecek
Mike Swesey, IDED
Marty Kelly, ICAD
John Wetzel, MidAmerican Energy
c:\prospect\oralb\cc0510
Prepared by: Dianna Furman, Customer Service Manager, 410 E. Washington St., Iowa City, IA 52240;
319-:356-5065
RESOLUTION NO. 98-94
RESOLUTION CERTIFYING UNPAID WATER, WASTEWATER, SOLID WASTE
AND RECYCLING CHARGES, INCLUDING FEES AND PENALTIES, TO
JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A
PROPERTY TAX.
WHEREAS, Section 14-3A-6B of the City Code provides that pursuant to Chapter 384,
Code of Iowa (1997), the City Council may certify unpaid water, wastewater, solid waste
and recycling charges, including fees and penalties, to Johnson County for collection in the
same manner as a property tax; and
WHEREAS, there exists unpaid water, wastewater and/or solid waste and recycling
charges, including fees and penalties, for the users and owners of a certain property, as
listed in Exhibit A, attached hereto and by this reference made a part hereof; and
WHEREAS, the Council finds that the account holder and property owners listed on
Exhibit A were mailed a written "Notice of Intent to Certify Lien" which set forth the date
and time for the City Council's consideration of this resolution, and gave said account
holder and owners the opportunity to appear before the Council and be heard concerning
the unpaid charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the City Clerk is hereby authorized to certify the unpaid water,
wastewater, solid waste and recycling charges, including fees and penalties, set forth in
Exhibit A, attached hereto, to Johnson County, Iowa, for collection in the same manner as
a property tax, as provided by state law.
Passed and approved this 10th day of March
,1998.
MAYOR
/,~ Approved
City Attorney's Office
fintreas~res~delnqact.doc
Resolution No. 98-94
Page 2
It was moved by Thornberry 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
Iowa City City Council
Regular Council Meeting
March 10, 1998
Item No.
EXHIBIT A
Owner Account
Account: 03547502
Parcel #: 55507000 Service Address: 1418 Pine St
Owner: Christine L. Jones and Lawrence C. Jones
Mailing Address: 1418 Pine St, Iowa City, IA 52240
Legal Desc: Highland Dev 2nd Addition Lot 56 Block 4
Bill Date: Aug. 20, 1997
Water: $ 340.06
Sewer: $ 522.59
Refuse: $ 37.20
Recycling: $ 11.90
Water Service
Repair Work: $ 297.29
Total: $1,209.04
Prepared by: Donald Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5052
RESOLUTION NO. 98-95
RESOLUTION ADOPTING THE ANNUAL BUDGET FOR
THE FISCAL YEAR ENDING JUNE 30, 1999.
WHEREAS, a public hearing on the proposed budget for the fiscal year ending June 30, 1999
was held on February 24, 1998 at a regularly scheduled City Council meeting and public
comments were received.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The annual budget for the fiscal year ending June 30, 1999, as set forth in the Adoption of
Budget and Certification of Taxes and on the Adopted Budget Summary, together with the
detailed budget in support thereof showing revenue estimates, appropriation expenditures,
and program allocations for said fiscal year should be and hereby is adopted.
The City Clerk is hereby directed to make the filings required by law, and to set up the
books in accordance with the summary and details, as adopted.
Passed and approved this 10th dayof
March ,1998.
CITY'CLERK
City Attorney's Office
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
Kubby
the Resolution be
AYES: NAYS: ABSENT:
x
X
X
X
X
X
x
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
finadm~annlbdgt.doc
March 12, 1998
FILED
Johnson Co. Iowa
t"/]AR ! 2. i99fi
CITY OF I0 WA CITY
Tom Slockett, Johnson County Auditor
Johnson County Administration Bldg.
913 S. Dubuque Street
Iowa City, Iowa 52240
Dear Tom:
Enclosed please find the following proceedings and materials for certification
of the FY99 budget for Iowa City, Iowa, July 1, 1998 through June 30, 1999.
2o
5.
6.
7.
8.
An original proof and copy of publication of Notice of Public
Hearing - Budget Estimate.
Resolution No. 98-95 Adopting the FY99 budget.
Two copies of the Adoption of Budget and Certification of taxes
(Form 635.1)
Two copies of the Adopted Budget Summary (Form 635.2A).
Two copies of the Resources Detail (Form 631.B).
Two copies of the Requirements Schedules (Form 631.A pages 1 & 2).
Two copies of the Long-Term Debt Schedule (Form 703).
Iowa City's original Proposed Financial Plan for FY99-01 along with
a reconciliation memo documenting the changes made to the plan by
City Council and the City Manager from their review to adoption of
the FY99 budget.
If you have any questions please contact Don Yucuis, Finance Director at
356-5052.
Sincerely,
City of Iowa City
Marian K. Karr, CMC/AAE
City Clerk
Encl.
410 k. AST %VASIIIN(;'ION SI'RKET · IOWA ('ITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009
Prepared by: Donald Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5052
RESOLUTION NO. 98-96
RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA
CITY, IOWA, FOR FISCAL YEARS 1999 THROUGH 2001 AND THE MULTI-
YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2002.
WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the
interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year
Financial Plan for operations and a multi-year Capital Improvements Program budget; and
WHEREAS, the three-year Financial Plan and multi-year Capital Improvements Program are
subject to annual review and revisions; and
WHEREAS, a public hearing was held on February 24, 1998, at a regularly scheduled City
Council meeting and public comments were received.
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 does hereby adopt the three-year Financial Plan
for the Fiscal Years 1999 through 2001 and the multi-year Capital Improvements Program
through Fiscal Year 2002.
This Resolution is an expression of the Council's legislative intent for planning future
operation and capital improvements for the City of Iowa City, Iowa; and the anticipated
means of financing said plan, subject to applicable laws.
Passed and approved this ].0th
day of March ,1998.
CITY~(~LERK
City Attorney's Office
finadm\finplan.doc
Resolution No. 98-96
Page 2
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
O'Donnell the Resolution be
AYES: NAYS: ABSENT:
X
X
X Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
Council Member Thornberry introduced the following
Resolution entitled "RESOLUTION DIRECTING SALE OF $8,500,000 CORPORATE
PURPOSE GENERAL OBLIGATION BONDS," and moved its adoption. Council
Member Kubby seconded the motion to adopt. The roll was
called and the vote was,
AYES: O'Donnell, Thornberry. Kubby. Lehman, Norton
ABSENT: Champion, Vanderhoef
NAYS: None
Whereupon, the Mayor declared the following Resolution duly adopted:
Resolution No. 98-97
RESOLUTION DIRECT~G SALE OF $8,500,000
CORPORATE PURPOSE GENERAL OBLIGATION
BONDS
WHEREAS, pursuant to notice as required by law, bids have been received at
public sale for the bonds described as follows and the best bid received is determined to
be the following:
$8,500,000 CORPORATE PURPOSE GENERAL OBLIGATION BONDS:
Bidder: Harris Trust & Savinqs Bank of Chicago
the terms of said bid being:
Net Interest Rate: 4.6980%
Net Interest Cost: $ 3,231,969.75
-4-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That the bid for the bonds as above set out is hereby determined to be
the best and most favorable bid received and, said bonds are hereby awarded based on
said bid.
Section 2. That the statement of information for bond bidders and the form of
contract for the sale of said bonds are hereby approved and the Mayor and Clerk are
authorized to execute the same on behalf of the City.
Section 3. That the notice of the sale of the bonds heretofore given and all acts of
the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved.
PASSED AND APPROVED, this 10thday of March
,1998
Mayor
ATTEST:
S!3 ROWN~ 126938\ 1 \ 10714048
-5-
NOTICE OF BOND SA! F
Time and Place of Sealed Bids: Sealed bids
for the sale of bonds of the City of Iowa City,
Iowa, will be received at the office of the Finance
Director, in the City of Iowa City, Iowa (the
"Issuer"), at 11 o'clock A.M., on the 10th day of
March, 1998. The bids will then be publicly
opened and referred for action to the meeting of
the City Council as stated below.
Sale and Award: The sale and award of the
bonds will be held at the Council Chambers,
Civic Center, 410 East Washington Street at a
meeting of the City Council on the above date at
7 o'clock P.M.
The Bonds: The bonds to be offered are the
following:
CORPORATE PURPOSE GENERAL
OBLIGATION BONDS, in the amount of
$8,500,000, to be dated April 1, 1998 (the
"Bonds').
Official Statement: The Issuer has issued an
Official Statement of information pertaining to the
Bonds to be offered, including a statement of the
Terms of Offering and an Official Bid Form,
which is incorporated by reference as a part of
this notice. The Official Statement may be
obtained by request addressed to the Finance
Director, Civic Center, 410 E. Washington
Street, Iowa City, Iowa 52240, Telephone: (319)
356-5052; or the City's Financial Consultant,
Evensen Dodge, Inc., 601 2rid Avenue South,
Suite 5100, Minneapolis, MN 55402, Telephone:
(612) 338-3535.
Terms of Offering: All bids shall be in
conformity with and the sale shall be in accord
with the Terms of Offering as set forth in the
Official Statement.
Legal Opinion: Said bonds will be sold
subject to the opinion of Ahlers, Cooney,
Dorweiler, Haynie, Smith & Allbee, P.C.,
Attorneys of Des Moines, Iowa, as to the legality
and their opinion will be furnished together with
the printed bonds without cost to the purchaser
and all bids will be so conditioned. Except to the
extent necessary to issue their opinion as to the
legality of the bonds, the attorneys will not
examine or review or express any opinion with
respect to the accuracy or completeness of
documents, materials or statements made or
furnished in connection with the sale, issuance
or marketing of the bonds. The opinion will be
printed on the back of the bonds.
Rights Reserved: The right is reserved to
reject any or all bids, and to waive any
irregularities as deemed to be in the best
interests of the public.
By order of the City Council of the City of
Iowa City, Iowa.
City Clerk of the City of Iowa City, Iowa
REPORT OF BIDS
City of Iowa City
Johnson County, Iowa
$8,5OO,OOO
General Obligation Bonds
March 10, 1998
TO: Iowa City Council Members and Administrntion
FROM: David Dirks
EVENSEN DODGE, INC.
SUBJECT: $8,500,000 General Obligation Bonds
Today, March 10, 1998, the sealed bids tabulated below were received, opened and
reviewed. The bids reflect and are indicative of the current conditions in the tax-exempt
market.
BIDDER ADDRESS $N-IC ~%]NIR
Harris Trust & Savings Bank Chicago $3,231,969.75 4.6980%
Salomon Smith Barney, Inc. Chicago $3,261,955.21 4.7417%
WE RECOMMEND AWARD TO:
Harris Trust & Savinqs Bank of Chicaqo
Thanlc you for the opportunity to be of service to the City of Iowa City. We are available
to answer any questions you may have on this or any other issue in the future.
100 Court Avenue, Suite 215
Des Moines, IA 50309
515/282-6138
FAX 515/282-0252
SENT BY: ~-10-98 :ll:44A~ : ~1~009;# 2/ 7
EVENSEN DODGE INC
E~EN,SEN DOI~iE I NC~
Rr, S~ OF SALE
Due: Jue 1,19992013
BIDDERS
!IADR~ 'FR1]'ST dr SAVINGS BANE
American N~ad Bank & 'Fruit Co,
Ferrb, Bsd~.r Warn, he.
huk Brad la.'e..Y -- -~ % hr.,
Merumil¢ Brusk d' St. Loub, N. A.
Nort~e~ Trot Semrit~ ~
itnan Sccm~t~ Cm-imratiom
Secretties COrl~rafion oflowa
DAIN BAUSCHER INC.
SALOMON SMFFH BARNEY,
EVE~]~N ~i:CURITIES, INC.
PAINEWEBBER INCORPORATED
BoBk Qutdffled: No
Wnvl~iqgtOq, D. C
New York
St. Louis
Dated: April 1, 199~
BBI: 5.25%
1999 4.35% 3.80% Priw
2000 4.375% 3.95%
2001 4.375% 4.05% $8,432,199.00
2002 4.40% 4.125%
2003 4.45% , 4.20% NIC
2004 4..~% 4.30%
2(}05 4.:M% 4.40% $3,231,969.75
2006 4.50% 4.45%
2OO7 4.5O% 4.5O% N-IR
2008 4.55% 4.55%
2009 4.60% 4.6,5% 4.6981%
2010 4.7O% 4,75%
2011 4.70% 4.85%
2012 4.75% 4.95%
2013 4.75% 5.o0%
2000 4.12~%
2001 4.~% $8,432,000.00
2002 4,2~%
2004 4.35%
2O05 4.45% $3,26].,955.21
2O06 4,30%
200/ 4.50%
2009 4.70% 4.74J~4
2010 4.8O%
2011
2012 4.90~
2o15 4.90~
L~,.~ Angule.~ + Mi.nc.;:polis + ;";~W Y(~rk + (.~rland~ + .~an francisc:. + Wa.~hin~t~m
601 Second Avenue South, Suite 5100, Minneapolis, MN 55402
612/:338-3535 800/328-8200 FAX 612/338-7264
SENT BY: 3-10-98 ;11:415AM ; EVE~SHN DODGE INC~ 819c~5C:~009:# 6/ 7
Dm~.e
s~/ st98
6/ ~/o
12/ x/ 1
$21 s/ ~
61 1I 7
~/ ~/ ~
~/ ~/~
~/ ~/~
~2/ ~/~
~/ ~/~
~/ ~/~
~/ncipal Coupore lnte~eet Perioct T~t&! F~m~l Totml
256,750.00 256 750.00
575, D00.00 4.350000
575,000.00 4.375000
575,000.00 4.378000
575,000.00 4.400000
575,000.00 4.450000
575,000.00 4,500000
575,000.00 4.500000
57S,000.00 4.500000
~75,00O.00 4.;00000
575,000.00 4.SS0000
550,000.00 4.600000
550,000.00 4.700000
550,000.00 4.~OOOO0
5~O,000.00 4.?S0000
550,000.00 4.~50000
B,BO0,000.00
8,500,000.00
Bond Years
Average Coupon
Avmra~e Life
NIC %
TIC ~
167478.13
167478.13
1~900,00
142.250.00
142.250.00
199 456.25
1294~6.25
116 518.75
103581.25
~03.581.25
90.643.?~
90,643.75
77,706.25
77,706.25
5L,9qS.00
$X,975.00
39,050,00
39,050,00
2g,125.00
~3,062.50
L3,062.50
. 7675~2.50
190 OS&.2S
75S,05~.25
~67,475.L3
742.478.L3
L54,900,00
729,900.00
1&2,2SO.DO
717,250.00
129,45E.25
704~4~6.25
116,$1~,75
691,51~.75
103,58~.25
9D,G43.75
665,643.75
652~706.25
64,625.00
51,978.00
601~975.00
39,050.00
589,050.00
2g,12~.00
576,125.00
13,062..50
563,062.50
3.,16%,X6~.75 11,664,168.75
5,348.96 5,348.96
3,158;819.79 1~,658r815.75
69,791.667
4.599640 . .
.8.093137
4.698200 % US[:~g 99.2023412
· .7136l$ % Fro~Dellver~D~te
Miozo-Mu.ni Debt race:
03-10-1999 M 11:29:09
1,024,312.50
935,1Z3,SD
909,956.25
884,800.00
859,500.00
933,912.50
808,037.50
782,1&2.50
756,287.50
730,$12.50
g79,250.00
653,950.00
628,~00.00
602,~50.00
576,~25.00
2Ce~: Dm~8
OFFICIAL BID FORM
Members of the City Council
Iowa City, Iowa
Sale Date: March 10, 1998
Members of the Council:
For the principal amount of $8,500,000 General Obligation Bonds, legally issued and as described in the Official
Terms of Offering, we will pay $ ~ t-/'3~) l~)~.°°(not less than $8,432,000) plus accrued interest on the total
principal of $8,500,000 to date of delivery, provided the Bonds bear the following interest rates (in non-descending
order):
Interest Interest
Year Amount Rate Year Amount Rate
1999 $575,000 ~3-~' % 2007 $575,000
2000 575,000 .~% 2008 575,000 ~ ~'$0 %
2001 575,000 9. ~75 ~/o 20o9 550,0oo q. 6oo %
2002 575,000 c).~O O % 2010 550,000 ¥-7o0 %
2003 575,000 t~.r4,~O % 2011 550,000
2004 575,000 ~. ~'0o % 2012 550,000
2005 575,000 ~t..~00 % 2013 550,000
2006 575,000
The Bonds mature on June 1, in each of the years as indicated above and interest is payable December 1, 1998, and
semiannually thereafter on June I and December 1 of each year.
In making this offer, we accept the terms and conditions as defined in the Official Terms of Offering published in
the Official Statement dated February 26, 1998. All blank spaces of this offer are intentional and are not to be
construed as an omission. Our good faith deposit in the amount of $85,000 has been or will be submitted in
accordance with the Official Terms of Offering.
NOT PART OF THIS BID:
Explanatory Note: According to our computation,
this bid involves the following:
Net Interest Cost
Net Interest Rate
Respectfully submitted,
.HARRIS TRUST & SAVINGS BANK
Account Manager
David K. Harmon, Vice President
(A list of account members is on the reverse side of
this proposal.)
The foregoing offer is hereby accepted by and on behalf of the City of Iowa City, Iowa, this I0~ day of March,
1998.
~'~ ~ (Title)
CITY OF IOWA CITY, IOWA
Membership
Harris Trust and Savings Bank ) Joint
Norwest Investment Services, Inc. ) Managers
American National Bank and Trust Co. of Chicago
Ferris, Baker Watts Inc.
First Tennessee/Kansas City
Isaak Bond Investments, Inc.
Josephthai & Co. Inc.
Mercantile Bank of St. Louis, N.A.
Mesirow Financial Inc.
NBC Capital Markets Group, Inc.
Northern Trust Securities, Inc.
Ruan Securities
Securities Corporation of Iowa
Wachovia Bank, N.A.
OFFICI RID FORM
The ~onds ~ on Jun~ 1, m~a~:~ oft~ ycers m 'meanted shove and intueuat ia pe/able De~embe~ 1, 109~, and
semiannually, thmm'~ on June 1 and [~embcr I of each year.
: I
the OITicial $181~ll~nt daled F .el~l;~y ~ I~9~. All blank spoces of thb ot'fcr ar~ imentivnal ~md m'~ not w bc
conmruod ins -, ~nission. Owlsctod Faith deposi~ ", the m~unt of SIS,000 has been or will be sul:~nit~:l in
acc~danee wi~ ~he C~cial Teni~ Of Ofteft.g.
NOT PART OF ~ biD:
els bid la~olve~ l~e followtag:
N~; ~ C~
The foregoing offer ~ hereby acce:~d by and ~ bel~!f of ~ Ctty o1' lo~a City, 1own~ ~!s I0'" clay at ~
199~.
ernie) (Ti )
IO0~:l E2,£'!31,;
CITY OF I0 WA CITY
Finance Department Memo
Date:
March 4, 1998
To:
From:
Re:
City Council and City Manager
Don Yucuis, Finance Director ~,~
1998 General Obligation Bond Sale-
Projects Listing
Attached you will find a revised list of the projects pertaining to the 1998
General Obligation Bond Issue. The original GO estimate was
$10,500,000 and then reduced to $8,500,000. Additional funding of
$600,000 was added to #6 -Downtown Streetscape project from other
deferred projects. Please note that one project, #20-$200,000, Willow
Creek Trail- Bridge over Iowa River @ Napoleon was deferred indefinitely.
99:
The following projects have been deferred partially or entirely to FY
#11-$ 208,110 -Library HVAC move entirely to FY 99.
#15-$1,478,200 -River St-Riverside to WooIf, move $1,191,890 to FY 99
#18-$1,166,600 -Sycamore Regional Storm Water Detention, move
$1,000,000 to FY 99
March 1998 General Obligation Bond Issue - Listing of Projects.
Revised 2/98.
Projects
1 Airport- Master Plan Improvements
2 Benton St (Ned Ashton) Park
Revised
Amount Revisions Amount
169,517 169,517
35,000 35,000
Desc.
3 Captain Irish Parkway-Phase Ill-ACT to Dodge
4 Court St Extended Phase I
5 Dodge St-Act/Old Dub Rd Intersection
6 Downtown Streetscape
7 Highway 1- Sunset Right Turn
8 Hwy 6-Left Turn at First
9 Iowa Ave. Streetscape
10'Iowa River Trail-Burlington to Napoleon Park
11 Library-HVAC
12 Montgomery/Butler House
Napoleon Park Renovation including Napoleon
13 Lane
14 Parks-Central Maintenance Facility
15 River Street-Riverside to WooIf
16 South Site Soccer Fields
17 Southgate Ave. Extension
18 Sycamore S. Regional Stormwater Detention
19 Water Front Drive-N. of Southgate Ave.
Willow Creek Trail-Bridge over Iowa River @
20 Napoleon Park
21 WooIf Ave Bridge
SubTotal
22 Issuance Costs
Grand Total
500,000 500,000
755,000 755,000
300,000 300,000
720,000 600,000 1,320,000
75,000 75,000
75,000 75,000
150,000 150,000
1,429,410 1,429,410
208,110 (208,110) -
64,485 64,485
500,000 500,000
700,000 700,000
1,478,200 (1,191,890) 286,310
400,000 400,000
300,000 300,000
1,166,600 (1,000,000) 166,600
200,000 200,000
200,000 (200,000) -
969,000 969,000
10,395,322 (2,000,000) 8,395,322
104,678 104,678
10,500,000 (2,000,000) 8,500,000
Include in 1999GO
Include in 1999GO
Include in 1999GO
Deferred indefinitely
XXXX - The 1997 GO Bond issue includes $315,000 of funding; Plus the 1998 GO Amount of $1,320,000 or
$1,635,000 available for Downtown Streetscape
Prepared by: Sylvia A. Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013
RESOLUTION NO. 98-98
RESOLUTION AMENDING THE BUDGETED POSITIONS AT THE SENIOR
CENTER AND THE AFSCME PAY PLAN
WHEREAS, Resolution No. 97-73, adopted by the City Council on March 4, 1997, authorized
permanent positions at the Senior Center 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 Sr. Clerk Typist - Senior Center and determined that this position performs duties
equivalent to those of positions in a higher grade.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
The budgeted positions at the Senior Center be amended by reclassifying the position of
Sr. Clerk Typist - Senior Center, grade 6 to grade 7.
The AFSCME pay plan be amended by moving the position of Sr. Clerk Typist - Senior
Center from grade 6 to grade 7.
Passed and approved this loth dayof March ,1998.
MAYOR
Approved by
City Attorney's Office
mgr~asst\res\scclerk.doc
Resolution No. 98-98
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Kubby
AYES: NAYS: ABSENT:
the Resolution be
X Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
Prepared by: Sylvia A. Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013
RESOLUTION NO. 98-99
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE LANDFILL
DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE AFSCME PAY
PLAN
WHEREAS, Resolution No. 97-73, adopted by the City Council on March 4, 1997, authorized
permanent positions in the Landfill 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 I - Landfill and determined that this position performs duties equivalent to those of
positions in a higher grade.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
The budgeted positions in the Landfill Division be amended by reclassifying the position of
MW I - Landfill, grade 4 to grade 7 and titling the position Maintenance Worker II --
Landfill/Refuse.
The AFSCME pay plan be amended by the deletion of the position of Maintenance Worker
I -- Landfill, grade 4 and the addition of the position of Maintenance Worker II --
Landfill/Recycle, grade 7.
Passed and approved this ].0th day of March ,1998.
ATTEST:c~
City Attorney's Office
mgr~asst\res\l 8,doc
Resolution No. 98-99
Page, 2
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
O' Donne] 1 the Resolution be
AYES: NAYS: ABSENT:
X Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef