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Home My WebLink About1997-07-15 ResolutionPrepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, tA 52240 (319) 356-5041 RESOLUTION NO. 97-219 RESOLUTION TO ISSUE CIGARETTE 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: Wig & Pen Pizza Pub - 1220 Hwy. 6 West Fraternal Order of Eagles - 225 Hwy. I South Passed and approved this 15th day of July , 1997. ATTFST: Cl/~~C LE RK Approve~/~ City Attorney's Office It was moved by Lehman and seconded by be adopted, and upon roll call there were: Norton the Resolution AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef clerk\cigperm, res ~r RESOLUTION NO. 97-220 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: Holiday Inn Iowa City - 210 S. Dubuque Street Vito's - 118 E. College Street Fraternal Order of Eagles - 225 Hwy. I South Memories 928 Maiden Lane It was moved by Lehman and seconded by as read be adopted, and upon roll callthere were: Norton AYES: NAYS: ABSENT: X X ¥ X X X X Passed and approved this l§th day of July that the Resolution Baker Kubby Lehman Norton Novick Thornberry Vanderhoef , 19.97 ATTEST: Ty~..~ 2~. ~ CITY cLERK MAYOR~ Approved by i%orney's Office \danceprm.res Prepared by: Marilyn Kriz, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 97-221 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REMOVAL AND REPLACEMENT OF THE ROBERT A. LEE COMMUNITY RECREATION CENTER GYMNASIUM FLOOR, AND REPLACEMENT OF IOWA CITY/JOHNSON COUNTY SENIOR CENTER AEROBICS ROOM FLOOR, 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 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 29th day of July, 1 997, 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 3ublic inspection. Passed and approved this 15th day of ATTEST: ,7~z~ It was moved by Lehman adopted, and upon roll call there were: AYES: NAYS: X , 1997. Ci[y Attorney's Office and seconded by Norf. on the ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Resolution parksrec\res\gymfloor.doc Prepared by: Marilyn Kriz, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 97-222 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR NAPOLEON PARK SOFTBALL FIELD FENCING PROJECT, 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 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 29th day of July, 1 997, 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 15th day of ATTEST: ~,,¢_,,.-~,~ ~ ~ ClT"'Y'-C L ER K ~]uly , 1997. Ap ov d by City Attorney's Office It was moved by Lehman adopted, and upon roll call there were: and seconded by Norton the Resolution be AYES: NAYS: X ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef parksrec\res\roof-rep.doc Prepared by: Jim Schoenfelder, Architect, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 97-223 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUC- TION OF THE IOWA CITY LIBRARY ROOF REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 29th day of July, 1997, 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 15th day of Ju'ly ,19 97 ATTEST: CIT-~CLERK ~ MAYO R¢~*~'~' ~~ City Attorney's Office pweng\library\roofres.wp5 Resolution No. 97-223 Page 2 It was moved by I ehman and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of owa City iVIEA i ORA, DtJ!' Date: July 10, 1997 To: City Council From: Dale Helling, Assistant City Manager Re: Library Roof Replacement We have contracted with D.C. Taylor Company to perform very limited interim repairs on the Library roof while the City conducts a formal bidding process for a complete roof replacement. This process will be on a fast track which should allow for award of a contract in mid-August. On July 15 Council will have an agenda item setting a public hearing on the plans and specifications to be held on July 29. On the 29th yOU will be asked to approve the plans and specifications and to authorize advertisement for bids, to be due by August 12 (accelerated 2- week turnaround time). It will be necessary that you hold a special meeting on or about August 13 to award the contract since your regular meeting of August 12 has been canceled. The City's design engineer will specify a modified bituminous roof similar but not identical to the one recently proposed for emergency replacement. An alternate of a fully adhered single-ply, membrane type roof will also be specified. A further alternate for a less costly membrane type roof for the lower portion will also be included. Regardless of which options you choose, in order that all of the work be completed as quickly as possible, it will therefore be necessary to award the contract to a single contractor to replace both the lower and upper portions of the roof simultaneously. A representative from our design engineering consultant will be present during your July 14 work session to answer any questions you may have. Staff recommends that we proceed in the manner described above. Im\dh7-10.doc Prepared by: Rob Winstead, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 97-224 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE 1 PROJECT, MORMON TREK TO GALWAY HILLS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 29th day of July, 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 15th day of ~]ul y , 1 997. ATTEST: Approved by City Attorney's Office pweng\res\wlwcrkl ,doc Resolution No, 97-224 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Marilyn Kriz, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 97-225 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REMOVAL AND REPLACEMENT OF THE ROOF AND INSULATION ON THE CIVIC CENTER, 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 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 29th day of July, 1997, 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. o 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 15th day of Ju]y , 1 997. City Attorney's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: X X ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef parksrec\res\civicctr.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 97-226 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A DISCLOSURE STATEMENT AND A 10- YEAR DEPRECIATING PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 712 DEARBORN STREET, IOWA CITY, IOWA WHEREAS, on May 29, 1987 the property owners of 712 Dearborn Street executed a Disclosure Statement and a Promissory Note which provided for a 10-year Depreciation Lien in the amount of ~11,000.00 through the City's Comprehensive Rehabilitation Program; and WHEREAS, these documents created a lien against the property; and WHEREAS, the terms and conditions of the lien expired on May 29, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 712 Dearborn Street, Iowa City, Iowa from the Disclosure Statement and the lO-year Depreciating Promissory Note recorded on June 8, 1987 in Book 947, Page 153 through 154 of the Johnson County Recorder's Office. Passed and approved this 15th day of July ,1997. City Attorney's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: X X NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdrehab/res/71 2dearb.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 712 Dearborn Street, Iowa City, Iowa, and legally described as follows: Lot Three (3), in Block Twelve (1 2), in Rundell, Johnson County, Iowa, as shown on the Plat recorded in Plat Book 1, Page 130, of the Plat Records of Johnson County, Iowa, subject of easements and restrictions of record, from an obligation of the property owners, Kathy and Kevin Poulsen, to the City of Iowa City in the principal amount of $1 1,000.00 represented by the Disclosure Statement and the 10-year Depreciating, no-interest, Promissory Note recorded on June 8, 1987 in Book 947, Page 153 through 154 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: CITY CLERK' Ac. Pl~r o v e d by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~ day of ~,~ , A.D. 19 9 ? , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~??- ~ , adopted by the City Council on the /~L~ day 6¢ -~-,_1~] , 19 ~? and that the said Naomi J. Novick and Marian K. Karr as such 6fficers 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 2dearb,doc Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 97-227 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A DISCLOSURE STATEMENT AND A 10- YEAR DEPRECIATING PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1908 F STREET, IOWA CITY, IOWA WHEREAS, on May 27, 1987 the property owners of 1908 F Street executed a Disclosure Statement and a Promissory Note which provided for a 10-year Depreciation Lien in the amount of 811,000.00 through the'City's Comprehensive Rehabilitation Program; WHEREAS, these documents created a lien against the property; and WHEREAS, the terms and conditions of the lien expired on May 27, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1908 F Street, Iowa City, Iowa from the Disclosure Statement and the 10~year Depreciating Promissory Note recorded on June 8, 1987 in Book 947, Page 150 through 151 of the Johnson County Recorder's Office. Passed and approved this 15th day of July ,1997. City Attorney's Office It was moved by Lehman adopted, and upon roll call there were: AYE:S: X__ X X X~ X X ppdrehab/res/1908fst.doc NAYS: MAYOR and seconded by No~'ton the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry 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 at 1908 F Street, Iowa City, Iowa, and legally described as follows: Lot Eight (8) of the Plat of Survey of Lots Two (2) to Six (6), Block Thirty- Four (34), in East Iowa City, Iowa, according to the Plat thereof recorded in Plat Box 3, Page 227, of the Plat Records of Johnson County, Iowa, from an obligation of the property owners, Orville L. and Woodrow W. Kessler, to the City of Iowa City in the principal amount of 811,000.00 represented by the Disclosure Statement and the lO-year Depreciating, no-interest, Promissory Note recorded on June 8, 1987 in Book 947, Page 150 through 151 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: ./~~_.~ ~. /~ ClTY"CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this f~ day of J~f~ ,A.D. 19 ?? , before me, the under- signed, a Notary Public in and fbr said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ¢¢-gp? , adopted by the City Council on the /5 ~/~ day o~--~/~ , 19 ¢? and that the said Naomi J. Novick 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\1908fst.doc Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 97-228 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A DISCLOSURE STATEMENT AND A 10- YEAR DEPRECIATING PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 619 DEARBORN STREET, IOWA CITY, IOWA WHEREAS, on May 14, 1987 the property owners of 619 Dearborn Street executed a Disclosure Statement and a Promissory Note which provided for a l O-year, no-interest Depreciating Lien in the amount of 99,100.00 through the City's Comprehensive Rehabilitation Program; WHEREAS, these documents created a lien against the property; and WHEREAS, the terms and conditions of the lien expired on May 14, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk.to attest the attached Release of Lien for recordation, whereby the City does release the property located at 619 Dearborn Street, Iowa City, Iowa from the Disclosure Statement and the l O-year Depreciating Promissory Note recorded on May 28, 1987 in Book 943, Page 286 through 287 of the Johnson County Recorder's Office. Passed and approved this 15th day of July , 1997. ATTEST:cIT CL~~E'RK ;~' -/~ City Attorney's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: X ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdrehab/res/619dearb.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 619 Dearborn Street, Iowa City, Iowa, and legally described as follows: Lot 16, in Block 10 in Rundell, an addition to Iowa City, Johnson County, Iowa, from an obligation of the property owners, Ricky Lee and Mary Cheryl Hahn, to the City of Iowa City in the principal amount of $9,100.00 represented by the Disclosure Statement and the 10-year Depreciating, no-interest, Promissory Note recorded on May 28, 1987 in Book 943, Page 286 through 287 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. A/~roved by CITY CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /5 ~ day of ~./.~/ , A.D. 19 ~? , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ??~ ~-'~' , adopted by the City Council on the /~v~ day ~ '.~-I~ , 19 ~7 and that the said Naomi J. Novick 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\61 9dearb.doc Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne. CD Division. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 97-229 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 942 IOWA AVENUE, IOWA CITY, IOWA WHEREAS, on October 31, 1986 the property owner of 942 Iowa Avenue executed a Rental Rehabilitation Agreement which provided for a 10-year, no-interest Declining Balance Loan in the amount of $3,900 through the City's Rental Rehabilitation Program; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms and conditions of the lien expired on May 6, 1997; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 942 Iowa Avenue, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on November 6, 1986 in Book 893 Page 260 through Page 262 of the Johnson County Recorder's Office. Passed and approved this 15th day of July , 1997. ATTEST: It was moved by Lehman adopted, and upon roll call there were: AYES: NAYS: X ppdrehab/res/942iowa.doc X X X X A pj;~oved by City Attorney's Office and seconded by Norton ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be Prepared by: Liz Osborne, CD Division, 410 E, Washington St,, Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property legally described as follows: Commencing at a point on the South line of Lot 3 in Block 4, of J.W. Clark's Addition to Iowa City, Iowa, according to the recorded plat thereof, on Iowa Avenue directly South of the West end of the house now situated on said Lot 3, as shown by plat recorded in Plat Book 3, page 213, Plat records of Johnson County, Iowa, thence East along the North line of Iowa Avenue 60"1~ feet, thence North 102 feet, more or less, thence West 60"1~ feet, thence South to the place of beginning, together with the right of way over the West part of said Lot 3, as defined in a decree in the case of W.H. Wait recorded in Court Record DD, page 47 of the District Court of Johnson County, Iowa, from an obligation of the property owner, Simone Delaty, to the City of Iowa City in the principal amount of 93,900 represented by a Rental Rehabilitation Lien recorded on November 6, 1986, in Book 893, Page 260 through Page 262 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: CiT~CLERK ~' ,~'"~_..,.~/ ~._ City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /5 day of , A.D. 19 F? , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as co__~_ntained in Resolution No. ~?~-:;;~ , adopted by the City Council on the ~5 '~- day ~ ~l~ , 19 ~ and that the said Naomi J. Novick and Marian K. Karr as such offiLers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\942iowa,doc Notary Public in and for Johnson County, Iowa Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142 RESOLUTION NO. 97-230 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR MORMON TREK VILLAGE, PHASE I. 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 Mormon Trek Village, Phase I as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk'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 15th day of Jul~v , 1997. ATTEST:cITY E~~K ~' ~ It was moved by Lehman and seconded by adopted, and upon roll call there were: Approved by Nor'ton the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\mormvill.res June 26,1997 ENGINEER'S REPORT CITY OF I0 WA CITY Honorable Mayor and City Council Iowa City, Iowa RE: Mormon Trek Village, Phase I Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, and water main public improvements for Mormon Trek Village, Phase I 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 Maxwell Construction, Inc. of Iowa City, Iowa. Mormon Trek Village, Phase I includes six (6) 4-plexes and two (2) 12-plexes. The six (6) 4-plexes are addressed as follows: 1514, 1516, 1518, 1520; 1521, 1523, 1525, 1527; 1528, 1530, 1532, 1534; 1541, 1543, 1545, 1547; 1542, 1544, 1546, 1548; 1556, 1558, 1560, and 1562 Mormon Trek Boulevard. The two (2) 12-plexes are addressed as follows: 2430, 2432, 2434, 2436, 2438, 2440, 2442, 2444, 2446, 2448, 2450, 2452; 2464, 2466, 2468, 2470, 2472, 2474, 2476, 2478, 2480, 2482, 2484, and 2486 Rushmore Drive. 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 WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 ,~ (319) 356-5000 · FAX (319) 356-5009 Prepared by: Dan Scott, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. 97-2.31 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FORCE MAIN PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Landfill Force Main Project, as included in a contract between the City of Iowa City and McAninch Corporation of Des Moines, Iowa, dated July 1996, be accepted, and WHEREAS, the performance and payment bond has been fired in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this 15th day of ~]ul~v , 1997. ATTEST: CiTY/~LERK Approved by City Attorney's Office It was moved by Lehman and seconded by adopted, and .upon roll call there were: Norton AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng/res/landfill.doc the Resolution be July 1, 1997 ENGINEER'S REPORT CITY OF I0 WA CITY Honorable Mayor and City Council Iowa City, Iowa RE: Iowa City Landfill Force Main Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Iowa City Landfill Force Main Project has been completed by McAninch Corporation of Des Moines, Iowa in substantial accordance with the plans and specifications prepared by Howard R. Green Company. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $230,438.80. 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 WASHINGTON STREET · IOWA CITY, IOWA :~2240-1826 · (319) 356-J000 · FAX (:tl9) 356-5009 ,1997 The City Council of Iowa City, Iowa, met in Hall, 410 E. Washington Street, Iowa City, Iowa, at above date. There were present Mayor following named Council Members: session, in the City o'clock .M., on the , in the chair, and the Absent: -1- This being the time and place fixed for a public hearing on the matter of the adoption of the proposed Scott ~ Six Urban Renewal Plan, the Mayor first asked for the report of the designated representative of the City with respect to the consultation held with the affected taxing entities to discuss the proposed Plan. The Council was informed that the consultation was duly held as ordered by the Council, and that written recommendations were received from affected taxing entities. The report of the designated representative of the City with respect to the consultation was placed on file for consideration by the Council. The Council also was informed that the proposed Plan had been approved by the Planning and Zoning Commission as being in conformity with the general plan for development of the City as a whole, as set forth in the minutes or report of said Commission previously placed on file for consideration by the Council. The Mayor then asked the City Clerk whether any written objections had been filed with respect to the proposed Plan, and the City Clerk reported that written objections thereto had been filed. The Mayor then called for any oral objections to the adoption of the Scott - Six Urban Renewal Plan and were made. The public hearing was then closed. [Attach summary of objections here] -2- Council Member then introduced the following Resolution entitled "RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE SCOTT - SIX URBAN RENEWAL PLAN THEREFOR" and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA} AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE SCOTT - SIX URBAN RENEWAL PLAN THEREFOR. WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and -3- WHEREAS, a proposed Scott - Six Urban Renewal Plan for the area described below has been prepared, which proposed Plan is on file in the office of the City Clerk and which is incorporated herein by reference; and WHEREAS, this proposed Urban Renewal Area includes and consists off Parcel I (to be rezoned CI-1): Commencing at the Southwest Comer of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°03'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6 and the Point of Beginning; Thence continuing N00°03'29"W, along said West Line, 404..57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord bears N07 °23'39"E; Thence N00 °03'29"E, along said Right-of-Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence N00°l 8'56"W, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62°09'30"E, along said South Right-of-Way Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence S11 °43'38"W, 1240.47 feet; Thence S06°00'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°29'45"W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears S01 o 12'12"W; Thence S00°21'22"E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89°38'37"W, along said South Line, 209.90 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59 o 59'08"W; Thence N60°50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. -4- Parcel II (to be rezoned I-1): Commencing at the Southwest Comer of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°03'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence S60°50'54"E, along said Northerly Right-of Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59 ° 59'08"E, to a point on the South Line of said Southwest Quarter; Thence N89 °38'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence N00 °21'22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears NO 1 ° 12'12"E; Thence N02 ° 29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence N02°29'45"E, 230.00 feet; Thence N06°00'20"E, 173.94 feet; Thence N11 °43'38"E, 1240.47 feet; Thence N00°03'29"W, 300.25 feet, to a point on the Southerly Right-of-Way Line of Heartland Rail Corporation; Thence S62°09'30"E, along said Southerly Right-of-Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00°00'45"E, along said East Line, 990.27 feet; Thence S89°38'37"W, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89°38'37"W along said South Line, 1380.99 feet, to the point of Beginning. Said tract of land contains 101.57 acres, and is subject to easements and restrictions of record. WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the "Scott - Six Urban Renewal Plan"; and WHEREAS, the Iowa statutes require the City Council to submit the proposed Scott - Six Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole, prior to City Council approval of such urban renewal project and an urban renewal plan therefor; and -5- WHEREAS, creation of the Scott - Six Urban Renewal Plan Area and adoption of the Scott - Six Urban Renewal Plan therefor has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report filed herewith and incorporated herein by this reference; and WHEREAS, by resolution adopted on ,1997, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Scott - Six Urban Renewal Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Scott - Six Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the designated representative of the City filed herewith and incorporated herein by this reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public hearing on the adoption of the proposed Scott ~ Six Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the Press - Citizen, which notice set forth the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the findings and conclusions set forth or contained in the proposed "Scott - Six Urban Renewal Plan" for the area of the City of Iowa City, Iowa legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Scott - Six Urban Renewal Plan Area"), be and the same are hereby adopted and approved as the findings of this Council for this area. -6- Section 2. This Council further finds: a. A feasible method exists for the location of families who will be displaced from the Scott - Six Urban Renewal Plan Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b. The Scott - Six Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and c. As to those areas of open land to be acquired by the City included within the Scott - Six Urban Renewal Plan Area: i. There is, at this time, no intention to develop any portion for residential purposes. ii. With reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the Scott - Six Urban Renewal Plan Area is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That the Scott - Six Urban Renewal Plan, attached hereto as Exhibit A and incorporated herein by reference, be and the same is hereby approved and adopted as the "Scott - Six Urban Renewal Plan for the Scott - Six Urban Renewal Plan Area"; the Scott - Six Urban Renewal Plan for such area is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of said Scott - Six Urban Renewal Plan with the proceedings of this meeting. Section 5. That the Scott - Six Urban Renewal Plan for the Scott - Six Urban Renewal Plan Area shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Scott - Six Urban Renewal Plan or the -7- date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Scott - Six Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this day of ,1997. Mayor ATTEST: City Clerk JKOVACEV~85940\l\10714046 -8-° CIG-3 9/91 CERTIFICATE STATE OF IOWA COUNTY OF JOHNSON ) ) ss ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of ,1997. SEAL City Clerk, Iowa City, Iowa JKOVACEV~85941 \1 \ 10714046 EXHIBIT A Scott-Six Urban Renewal Plan Table of Contents Section 1 - Introduction Section 2 - Urban Renewal Plan Objectives Section 3 - Description of Urban Renewal Area Section 4 - Proposed Urbar~ Renewal Actions Section 5 - Lar~d Use Section 6 - Relocation of Families Section 7 - Current Debt and Proposed Indebtedness Section 8 - Other Provisions Necessary to Meet State & Local Requirements Section 9 - Procedures for Changes in Approved Pla~ Addendum No. 1 - Legal Description Addendum No. 2 - Scott-Six Urban Renewal Project Area Map 2 Introduction The Iowa City Comprehensive Plan - 1989 Update states as economic development goals the need to (1) diversify and increase the property tax base by encouraging the retention and expansion of existing industry, (2) increase employment opportunities consistent with the available labor force, (3) provide and protect areas suitable for future industrial and commercial development, and (4) provide for the extension of infrastructure which will induce development in areas designated for industrial and commercial growth. The Comprehensive Plan states that the City of Iowa City, referred to hereafter as the City, may provide financial incentives to encourage development that will help the City achieve these goals. The City and the region have found it difficult to foster the economic well-being of the community through industrial development due to the high price of land. The City has concluded it is in the interest of its citizens to encourage the development of an industrial park in order to provide industrial land at a price affordable to industrial development. To assist with ensuring that the price of land is affordable, the City intends to make available the use of tax increment financing as a means to finance the construction of some of the necessary infrastructure improvements within the Scott-Six Urban Renewal Plan Area, referred to hereafter in this Plan as the Urban Renewal Project Area. In addition, the City will make available the use of tax increment financing to provide direct grants, loans, or rebates for qualifying businesses planning to locate in the Urban Renewal Project Area. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapter 403 of the 1997 Code of Iowa, as amended. Urban Renewal Plan Objectives The overall goal of the Scott-Six Urban Renewal Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for industrial development. The following objectives have been established for the proposed Urban Renewal Project Area: To encourage and support development that will ekpand the taxable values of property within the Urban Renewal Project Area. To encourage the development of start-up firms, the expansion of existing businesses, and the attraction of new industries. To provide for the orderly physical and economic growth of the city. To enhance the availability of sites to accommodate the construction of new industrial buildings; To assist with the provision of infrastructure to enable competitive land prices and lease rates; To make public improvements as deemed necessary by the City to support new industrial development; To provide financial incentives and assistance to qualifying businesses. Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. I - Legal Description. The location and general boundaries of the Scott-Six Urban Renewal Plan Area are shown on Addendum No. 2 - Location Map: Scott-Six Urban Renewal Project Area. This area is approximately 140 acres. Proposed Urban Renewal Actions Proposed urban renewal actions will consist of private site infrastructure improvements, and financial incentives to development. improvements, public encourage industrial Private Site Improvements Site improvements may include, but are not limited to, design and construction of buildings, grading for building construction and amenities; adequate paving and parking; adequate landscaping; and on-site utilities. Tax increment financing may be used by qualifying businesses to finance these private site improvements. Qualifying businesses must meet the requirements of the Financial Incentives section in order to use tax increment financing for private site improvements. Public Infrastructure Improvements Public infrastructure improvements may include, but are not limited to, stormwater management facilities, public streets and sidewalks, sanitary sewers, storm sewers, and open space improvements. Public infrastructure i~provements may include improvements to that portion of 420th Street to the south and east of the Urban Renewal Area, which need for said improvements would be created by development projects within the Urban Renewal Area. Tax increment financing shall be available to finance the construction of these improvements, in whole or in part, at the City Council's discretion. 4 Financial Incentives Tax increment financing shall be available for providing direct grants, loans, or rebates for those qualifying businesses engaged in light manufacturing or wholesale trade and warehouse establishments allowed in the Intensive Commercial (CI-1) Zone, and the industrial uses allowed in the General Industrial (I-1) Zone. The funds from the direct grants, loans, or rebates may be used for, but are not limited to, financing the private site improvements listed above. Qualifying businesses shall be determined by the City Council. The Council's determination shall be based upon the financial assistance guidelines outlined in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City". Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Land Use Map contained in the Comprehensive Plan illustrates the Urban Renewal Project Area for industrial development which is consistent with this Urban Renewal Plan. Current Zoning The Project Area is presently zoned I-l, General Industrial Zone, and CI-1, Intensive Commercial Zone which is consistent with this Urban Renewal Plan. Current and Proposed Land Uses The Project Area is presently used for agricultural purposes. The proposed land uses include commercial and industrial purposes which are consistent with the current zoning. Relocation of Families The Urban Renewal Area contains one single-family structure located in the northwest corner of the Area..The structure is presently rented as a residence on a month to month basis. When the northwest comer is ready for commercial/industrial development, the property owner shall give the tenant thirty days notice to move out of the premises. Given this arrangement, the tenant assumes the responsibility of relocating to a new residence. Current Debt and Proposed Indebtedness List of Current General Obligation Debt General Obligation Debt by Issue Issue Original Final Principal Date Amount Interest Rates Maturity Outstanding Notes 1988 $ 1,260,000 6.3%-6.4% 6/98 $ 260,000 1989 2,960,000 5.9%-6.1% 6/00 1,200,000 (2) 1990 2,300,000 5.7%-6.2% 6/01 1,125,000 (3) 1991 2,340,000 5.4%-5.6% 6/02 1,350,000 (4) 1992 4,870,000 4.45%-5.50% 6/02 2,695,000 (5) 1992 3,450,000 4.75%-5.20% 6/07 2,740,000 (6) 1994 7,370,000 4.6%-4.7% 6/04 5,875,000 (7) 1995 8,500,000 4.8%-5.125% 6/07 7,790,000 (8) 1996 6,100,000 3.6%-5.5% 6/15 6,100,000 (9) 1996 295,000 4.2%-5.0% 6/01 295,000 1997 5,200,000 Being issued 6/07 5,200,000 Total $34,630,000 (1) 23.8% abated by water revenue. (2) 41% abated by sewer revenues. (3) 14.95% abated by water revenues and 38.44% abated by sewer revenues (4) 9.40% abated by sewer revenues. (5) 8.68% abated by special assessment revenue. 10.73% abated by water revenue. 2.94% abated by airport revenue. (6) 100% abated by parking revenue. (7) 32.1% abated by sewer revenues and 20.5% abated by water revenues. (8) 23.88% abated by sewer revenues and 57.88% abated by water revenues. (9) 72.89% abated by water revenues. Current Constitutional Debt Limit of the City of Iowa City The Constitution of the State of Iowa, Article XI, Section 3, provides as follows: "Indebtedness of political or municipal corporations. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or .for any purpose, to an amount, in the aggregate, exceeding five per centurn on the value of taxable property within such county or corporation-to be ascertained by the last State and County tax lists, previous to the incurring o`f such indebtedness." Debt Limit Computation Total Assessed Actual Valuation Legal Debt Limit of 5% of 1996 Assessed Actual Value Debt Chargeable Against Limit Legal Debt Limit Available $2,168,696,093 '$108,434,805 34,630,000 $73,8O4,8O5 Proposed Amount of Indebtedness: Through the actions of this urban renewal plan, the City of Iowa City proposes to potentially incur indebtedness for public infrastructure improvements, private site improvements, and financial incentives to qualifying businesses. 7 Other Provisions Necessary to Meet State and Local Requirements Chapter 403 of the 1997 Code of Iowa, as amended, authorizes cities to exercise urban renewal powers and certain other powers for the development of economic development areas. Certain provisions must be fulfilled to exercise these powers. These provisions and the method(s) by which the City of Iowa City proposes to fulfill these provisions (shown with an *) are detailed below. Provision: A Resolution of necessity finding that a slum, blighted, and/or an economic development area exists in the community and that designation of this area as a proposed Urban Renewal Project Area is appropriate. A Resolution of Necessity was adopted by the City Council on · 1997. This Resolution of Necessity declares the area encompassed by this Urban Renewal Plan is appropriate for development in conformance with the City's zoning and comprehensive plan; however, due to certain circumstances, appropriate economic development of industrial park uses has not occurred on the vacant and tmder-utilized property which exists in the proposed Urban Renewal Project Area. Provision: A Resolution of Necessity which determines that the proposed Urban Renewal Project Area is in need of economic development because certain conditions exist which effectively hinder development. A Resolution of Necessity designating the area as meeting the criteria detailed by Chapter 403, Code of Iowa (1997), was adopted by the City Council on ,1997 Provision: A general plan for the development of the murdcipality has been adopted. * The City of Iowa City adopted the Iowa City Comprehensive Plan - 1989 Update on July 11, 1989. Provision: The Planning and Zoning Commission has made and forwarded its recommendation(s) to the City Council as to the conformity of this Urban Renewal Plan with the Iowa City Comprehensive Plan - 1989 Update. * The Planning and Zoning Commission recommendation was forwarded to the City Council on ,1997 Provision A designated representative of the municipality shall hold a consultation with designated representatives of the affected taxing districts after notice is given by regular mail and prior to the public hearing on the plan. The consultation with districts was held on regular mail on representatives from the affected taxing , 1997. The notice was mailed by ,1997. Provision Representatives of the affected taxing districts may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. The representative of the municipality shall, no later than seven days prior to the public hearing on the urban renewal plan, submit a written response to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. Comments were (were not) received from the affected taxing districts by ,1997, which was seven days following the date of the consultation. ,1997, at least seven days prior to the public hearing on the urban renewal plan, the representative of the municipality did (did not) submit a written response on to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. Provision: A public hearing on the on the Urban Renewal Plan is held after official publication of the public notice. The public hearing on the Urban Renewal Plan document pursuant to state law was held on , 1997. The public notice was published , 1997, in the Press Citizen, a newspaper having a general circulation in Iowa City. Provision: Approval of the Urban Renewal Plan by the local public agency after finding that: (a) A feasible method exists for relocating families. (b) The Urban Renewal Plan conforms to the general plan known as the Iowa City Comprehensive Plan - 1989 Update. The plan includes a feasible method for relocating families. On , 1997, the City Council of the City of Iowa City by resolution has found this Urban Renewal Plan to be in conformance with the Iowa City Comprehensive Plan - 1989 Update, the adopted general plan for the municipality. Procedures for Changes in Approved Plan If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions in conformance with applicable state and local laws. 10 Addendum No. 1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: Parcel I (to be rezoned CI-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°03'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6 and the Point of Beginning; Thence continuing N00°03'29"W, along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord bears N07°23'39"E; Thence N00°03'29"E, along said Right-of-Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence N00°18'56"W, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62°09'30"E, along said South Right-of-Way Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence Sl1°43'38"W, 1240.47 feet; Thence S06°00'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°29'45"W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears S01°12'12"W; Thence S00°21'22"E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89°38'37"W, along said South Line, 209.90 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59°59'08"W; Thence N60°50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. Parcel II (to be rezoned I-l): Commencing at the SOuthwest Comer of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, J~ohnson County, Iowa; Thence N00°03'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6; Thence S60°50'54"E, along said Northerly Right-of-Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59°59'08"E, to a point on the South Line of said Southwest Quarter; Thence N89°38'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence N00°21'22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears N01°12'12"E; Thence N02°29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence N02°29'45"E, 230.00 feet; Thence N06°00'20"E, 173.94 feet; Thence Nll°43'38"E, 1240.47 feet; Thence N00°03'29"W, 300.25 feet, to a point on the Southerly Right-of-Way Line of Heartland Rail Corporation; Thence S62°09'30"E, along said Southerly Right-of-Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00°00'45"E, along said East Line, 990.27 feet; Thence S89°38'37"W, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South Line of said Southwest: Quarter; Thence S89°38'37"W along said South Line, 1380.99 feet, to the point of Beginning. Said tract of land contains 101.57 acres, and is subject to easements and restrictions of record. ecodev\urbrev.pln ADDENDUM 2 Location Map SCOl-r-sIx INDUSTRIAL PARK URBAN RENEWAL PROJECT AREA PDH 5 7¸1 ~ '~l: I x '"' Urban Renewal Project Area Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ALVIN AND MARY JO STREB WHEREAS, by Resolution No. __ adopted ,1997 this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Scott - Six Urban Renewal Plan (the "Plan") for the Scott - Six Urban Renewal Project Area (the "Project Area") described therein, which Plan is on file in the office of the Recorder of Johnson County; and WHEREAS, it is desirable that properties within the Project Area be redeveloped as part of the overall redevelopment area covered by said Plan; and WHEREAS, the City has received a proposal from Alvin and Mary Jo Streb (the "Develop- er"), in the form of a proposed Agreement for Private Redevelopment by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to pursue the development of an industrial park, dedicate an easement for sewer service and limit the price of land sold within the industrial park to encourage industrial development as described in the Agreement. WHEREAS, Iowa Code Chapters 384 and 403 (the "Urban Renewal Law") and 15A authorize cities to provide infrastructure for economic development and offer grants, loans or other incentives for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code taking into account the factors set forth therein; and WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to making of a grant to the Developer in connection with the development 3 of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code, taking into account the factors set forth therein. Section 2. That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, ap- proved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. PASSED AND APPROVED this day of ,1997. Mayor ATTEST: Clerk ~Approved B~ / ,~ (,,.._ Cl~.l~ttorney~ ~:)ffice ~ _/~. ¢ ~ 4 DEVELOPMENT AGREEMENT FOR THE SCOTT-SIX TAX INCREMENT FINANCING DISTRICT THIS AGREEMENT, made and entered into this__ day of , 1997, by and between the CITY OF IOWA CITY, IOWA, a municipal corporation (hereinafter called "City"), and ALVIN F. STREB and MARY JOAN STREB, husband and wife, (hereinafter called "Developer") which expression shall include their success(~rs in interest and assigns. WITNESSETH: WHEREAS, it is in the City's public interest to foster the economic well-being of the community through industrial development in the City; and WHEREAS, the City and the region have found it difficult to carry out this purpose due to the high price of suitable land; and WHEREAS, the Developer and the City have concluded it is in the parties' mutual interest to pursue the development of an industrial park on land currently owned by the Developer; and WHEREAS, it is the intention and representation of the Developer that they shall undertake a project to develop and market industrial land at a price that is competitive for local industrial developments; and WHEREAS, the Developer desires that the City participate in the aforesaid project by facilitating the use of tax increment financing to provide direct grants, loans, or rebates for qualifying businesses planning to locate in the proposed industrial park; and WHEREAS, the City has a policy of encouraging economic development projects by finan- cially assisting businesses that generally comply with the financial assistance criteria as out- lined in Addendum A of the "Economic' Development Policies, Strategies, and Actions for the City of Iowa City"; and NOW, THEREFORE, in consideration of these premises and of the mutual promises and covenants hereinafter set out, the parties hereto agree as follows: Annexation, Rezoning, and Platting. The City, in accordance with applicable laws and ordinances, has approved the Developer's applications for annexation, rezoning, and preliminary plat approval of the land described in Attachment A, attached hereto and incorporated by reference herein, such that said land may be zoned for intensive commercial and industrial land uses. The conditional zoning agreement adopted by Ordinance No. 97-3779 and the preliminary plat approved by Resolution No. 97-139 outlined the specific development conditions which must be met for the subject site. Urban Renewal Plan: The City has adopted, in accordance with applicable laws and ordinances, Resolution No. __, implementing the Scott-Six Urban Renewal Plan, for the land described in Attachment A. The Scott-Six Urban Renewal Plan outlines the availability and criteria for the provision of tax increment financing through direct grants, loans, or rebates to those qualifying businesses engaged in light manufacturing or wholesale trade and warehousing as permitted in the Intensive Commercial (C1-1) Zone, as well as for those qualifying industrial businesses permitted in the General Industrial (I-1) Zone. Qualifying businesses shall be determined by the City Council based upon each such business substantially complying with the financial assistance guidelines outlined in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City." The Urban Renewal Plan also outlines the availability and criteria for the provision of tax increment financing for the purposes of financing public improvements, such as, but not limited to, sidewalks and arterial streets. Tax Increment Financinq District. The City has adopted, in accordance with applicable laws and ordinances, Ordinance No. __., implementing the Scott-Six Tax Increment Financing District for the land described in Attachment A. Section 403.19 of the Code of Iowa. (1997) allows, in an economic development urban renewal area, the division of revenue for a period not to exceed twenty years from the calendar year following the calendar year in which the city first certifies to the county auditor the amount of any loans, advances, indebtedness, or bonds which qualify for payment from the division of revenue as provided in section 403.19. The parties hereto agree that the Scott-Six Tax Increment Financing District shall be in place for the maximum time period allowed by law under Iowa Code Section 403.19 (1997), unless the City Council determines that the goals of the district under the plan have been accomplished, and there exists no outstanding debt under the district. Use of Tax Increment Financinq. Pursuant to the authority granted by Iowa Code Section 403.19 (1997), it is agreed that up to one hundred percent of the incremental property taxes generated by the incremental value added to a site may be used for public improvements and/or for a business' project, at the City's discretion after review of the business' project under the guidelines included in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City". A business qualifying for the use of tax increment financing in Paragraph 2 may receive the benefits of tax increment financing for a period not to exceed the maximum life of the tax increment financing district as outlined in Paragraph 3. Land Price Ceilinq. The Developer agrees not to sell any of the land zoned I-1, Industrial, and described in Parcel II of Attachment A for a price greater than the price per lot set out on the attached price list in Attachment B. The price listed shall increase by % on July 1 of each year following July 1, 1997. Any individual or business may purchase land in the industrial park, subject to zoning and covenant restrictions. Only those businesses purchasing or leasing real property within the I-1 zoned industrial park and requesting the use of tax increment financing shall be considered to be within the financial assistance guidelines outlined in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City." No Property Tax Exemption. The parties hereto acknowledge and agree that the Developer, its successors and assigns shall not without City Council approval apply for or be eligible for the partial property tax exemption for industrial property provided by City Code Title 3, Chapter 2, as adopted pursuant to Chapter 427B Code of Iowa, or for any other tax exemption that may be or may become available to the Developer or its successors with regard to the land described in Attachment A in its entirety. When approving or disapproving the allowance of such an application, the City Council shall 2 consider the guidelines included in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City", ..as well as the financial condition of the Tax Increment Financing District. Sanitary Sewer and Water Main Tap-On Fees. As a portion of Iowa City's public contribution to the industrial park, the City shall assume the obligation of payment for all sanitary sewer and water main tap-on fees as required under Iowa City development regulations for those lots zoned I-1, Industrial and described in Parcel I1 of Attachment A. This assumption of payment obligations by the City shall not apply to individual service connection fees. Scott Boulevard Trunk Sewer Easement. The Developer shall dedicate to the City, without compensation, the Scott Boulevard Trunk Sewer Easement as shown on the Scott-Six Industrial Park Preliminary Plat, which was approved by Resolution No. 97-139. Covenant with the Land. This contract and agreement, and all promises and covenants herein expressed, shall be deemed a covenant running with the land and with title to the land described in Paragraph 1 hereof, and shall be binding on the Developers, their successors and assigns in interest. CITY OF IOWA CITY DEVELOPER By: Naomi J. Novick, Mayor By: Alvin F. Streb Attest: By: Marian K. Karr, City Clerk Mary Joan Streb ecodev\sctt6agt.doc STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19~., before me, · a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 19 , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this __ day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Alvin F. and Mary Joan Streb, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Attachment A Legal Description for the Scott-Six Tax Increment Financing District Consisting of a tract of land described as follows: Parcel I (to be rezoned C1-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence NOO°O3'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6 and the Point of Beginning; Thence continuing NOO°O3'29"W, along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 foot radius curve,. concave Northwesterly, whose 385.04 foot chord bears NO7°23'39"E; Thence NOO°O3'29"E, along said Right-of-Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence NOO°18'56"W, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62°09'30"E, along said South Right-of-Way Line, 749.90 feet; Thence S00°O3'29"E, 300.25 feet; Thence S11 °43'38"W, 1240.47 feet; Thence S06°00'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°29'45"W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears SO1 °12'12"W; Thence S00°21'22"E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89°38'37"W, along said South Line, 209.90 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59°59'OS"W; Thence N60°50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. Parcel II (to be rezoned I-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°O3'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence S60°50'54"E, along said Northerly Right-of-Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of~Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59°59'08"E, to a point on the South Line of said Southwest Quarter; Thence N89°38'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence N00°21 '22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears NOl°12'12"E; Thence NO2°29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence N02°29'45"E, 230.00 feet; Thence NO6°OO'20"E, 173.94 feet; Thence N11°43'38"E, 1240.47 feet; Thence NOO°O3'29"W, 300.25 feet, to a point on the Southerly Right-of-Way Line of Heartland Rail Corporation; Thence S62~09'30"E, along said Southerly Right-of-Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00°00'45"E, along said East Line, 990.27 feet; Thence S89°38'37"W, 670.00 feet; Thence S00°00'45"E, 813.OO feet to a point on the South Line of said Southwest Quarter; Thence S89°38'37"W along said South Line, 1380.99 feet, to the point of Beginning. Said tract of land contains 101.57 acres, and is subject to easements and restrictions of record. ecodev\sctt6agt.doc Preliminarv Plat Lot Number Lot 25 Lot 26 Lot 27 Lot 28 Lot 29 Lot 30 Lot 31 Lot 32 Lot 33 Lot 34 Lot 35 Lot 36 Lot 37 Lot 38 Lot 39 Lot 40 Lot 41 Lot 42 ecodev\sctt6agt. doc Attachment B Price List for Industrial Lots Scott-Six Industrial Park Number of Acres 1.29 1.33 3,21 3.77 10,09 7.27 11.49 12,02 10.79 10.68 4.12 4.78 2.57 2.34 2.66 2.65 2.34 2.76 Price 6 Prepared by: James Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 319/356-5044 RESOLUTION NO. 97-232 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY CIVIC CENTER FRONT ENTRANCE RENOVATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 19th day of August, 1997. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 26th day of August, 1997, or at such later time and place as may then be fixed. Passed and approved this 15th day of Juicy ,19 97 IVLAYO R ATTEST: Approved by City Attorney's Office pweng\front\renov.res Resolution No. 97-?32 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: I~h~an the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Misha Goodman-Herbst, Animal Shelter Super., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5031 RESOLUTION NO. 97-233 RESOLUTION SETTING FORTH A NEW SCHEDULE OF FEES, RULES, REGULATIONS AND GUIDELINES FOR THE PROVISION OF ANIMAL CONTROL SERVICES, ANIMAL LICENSING, ANIMAL PERMITS AND ANIMAL ADOPTION WHEREAS, the City wishes to update and revise fees for animal control services, including fees for permits, licenses, boarding of impounded animals, owner reclamation of impounded animals, adoption of impounded animals, and for acceptance of animals voluntarily surrendered for adoption or disposal; and WHEREAS, the City Code provides that rules and regulations for animal permits shall be approved by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council hereby finds the attached Schedule of Fees, Rules, Regulations, and Guidelines for the Provision of Animal Control Services, Animal Licensing, Animal Permits and Animal Adoption is in the public interest, and is hereby approved and adopted as to both form and content. Passed and approved this 15th day of July ,1 997. ATTEST:clT~ ,~- A City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: X X ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef SCHEDULE OF FEES, RULES, REGULATIONS AND GUIDELINES FOR THE PROVISION OF ANIMAL CONTROL SERVICES, ANIMAL LICENSING, ANIMAL PERMITS, AND ANIMAL ADOPTION Reclaim Fees for Impounded Animals: First reclaim within a twelve (12) month period: Animals with traceable identification tag or implant Animals without traceable identification tag or implant Free 0.00 Second reclaim within a twelve (12) month period: Animals with traceable identification tag or implant Animals without traceable identification tag or implant 9 10.00 $ 20.00 Third reclaim within a twelve (12) month 'period: Animals with traceable identification tag or implant Animals without traceable identification tag or implant 20.00 40.00 Fourth and subsequent reclaims with a twelve (12) month period: Animals with traceable identification tag or implant 'Animals without traceable identification tag or implant 40.00 80.00 Boarding Fees: Restricted animals: Other animals: 20.00 per day 10.00 per day Acceptance Fees: Per cat, per litter of kittens under nine (9) weeks of age, or per cat with litter of kittens under nine (9) weeks of age Per dog, per litter of puppies under nine (9) weeks of age, or per dog with litter of puppies under nine (9) weeks of age Per restricted animal Per rodent, rabbit, cavie, bird or other small animal Resident Owner $ 20.00 25.00 30.00 10.00 Non-Resident Owner $ 40.00 50.00 60.00 20.00 Acceptance Fee for'Stray Animals From Other Jurisdictions: Per animal $100.00 Trap Rental: $1.00 per day (maximum of fifteen (15) days), plus a $5.00 refundable deposit. There is no rental fee for cat traps, although a $5.00 refundable deposit is still required. Deposits are refunded upon return of the trap in good working order. License Fees: Neutered male and spayed female animals Unaltered animals of either sex Unaltered animals which have been certified by a veterinarian as being unable to be altered for medical reasons Duplicate license or identification tag Identification tag for animals under five (5) months of age (tag expires at five (5) months of age) $ 5.00 per year $ 30.00 per year $ 15.00 per year $ 1.00 $ 1.00 New residents and new animal owners must obtain a license within thirty (30) days of acquiring the animal. All licenses expire one year from the date of issuance and must be renewed within thirty (30) days of the expiration date. Failure to acquire or renew a license within these deadlines will result in the issuance of a delinquent fee which is equal to the amount of the license fee. Adoption Fees, Rules and Guidelines: Adoption Fees Refundable Spay/NeuterDeposits Cats, kittens, rabbits, birds, and rodents Dogs and puppies Restricted animals ~ 15.00 830.00 ¢25.00 $40.00 ~35.00' N/A (* plus permit fee) Upon the submission of written proof from a licensed veterinarian that the unaltered adoption animal has been altered, the Animal Shelter shall return the money deposited pursuant to above, subject to the following conditions: 1) if the animal was six (6) months of age or older at the time of adoption, proof that the animal was altered within thirty (30) days of adoption, or 2) If the animal was less than six (6) months of age at the time of adoption, proof that the animal was altered within (30) days of the due date which appears in the adoption contract. The Animal Shelter shall not be required to pay interest on monies deposited pursuant to this provision. Animal Shelter personnel shall require any person adopting an animal without a valid rabies certification to take the 'animal to a licensed veterinarian for a routine health check, worming, and routine vaccinations. If upon examination, the veterinarian finds that the animal will not be old enough to be altered by the due date recorded on the adoption contract, the veterinarian shall enter the new date for alteration and record a signature. The person who adopted the animal shall return the new date and signature to the Animal Shelter. If this information is not returned to the Animal Shelter within ten (10) days after the person adopting the animal took possession of it, the person adopting the animal shall forfeit the alteration deposit. When a veterinarian has adjusted the alteration date, Animal Shelter personnel will also adjust the due date on the adoption contract. Upon presentation of proof of age, no person sixty (60) years of age or older shall, if found to meet the qualifications and criteria for adoption of an animal, be required to pay an animal adoption fee to the City of Iowa City, provided that an animal suitable for adoption is available from the Animal Shelter. Any such person adopting an animal shall be responsible for spaying or neutering of the animal, costs of required vaccinations and any veterinary costs, and such persons shall be required to make the deposit set forth for spay and neuter. The Animal Shelter may waive the time periods established herein for good cause shown. Permit fees: Animal act or exhibition Boarding kennel Breeders Cat kennel Circus Commercial kennel Dog kennel Dog or cat show Motion picture, television, or theatrical performance Pet shop Restricted animal Rodeo 30.00 30.00 30.00 15.00 00.00 30,00 15.00 30,00 30.00 30.00 15.00 00.00 Permit Rules and Regulations General Rules and Re¢~ulations The applicant when applying for a permit shall furnish the Animal Control Division with a list of the types and maximum number of animals to be kept or used for any purpose. The applicant shall furnish the Animal Control Division with the name, telephone number, and address of a responsible person who has access to the animals and who can be reached during an emergency. The permittee shall notify the Animal Control Division when a change in a permit is required for additional animals being kept or maintained by the permittee. The Animal Control Division may establish the maximum number of animals to be kept or maintained on the premises of the permittee. o The permittee shall report in writing any changes in address, ownership or management to the Animal Control Division at least ten (10) days prior to such change. The permittee shall supply animals with sufficient, good, wholesome food as often as the feeding habits of such animals require. The permittee shall supply animals with reasonable access to fresh, clean, potable water at all times. The permittee shall provide animals with proper shelter and protection from the weather at all times. Animals must not be over-crowded nor exposed to temperatures detrimental to their welfare. The permittee shall not allow any animal to be without care or control in excess of seventeen (1 7) consecutive hours. 10. The permittee shall take every reasonable precaution to insure that animals are not abused, neglected, mistreated, annoyed, tormented or in any manner made to suffer by any person or by any means. 11. The permittee shall not maintain nor allow any animal to exist in any manner that is or could be injurious to it. The permittee shall keep or maintain all animals in such manner as may be prescribed to protect the public from the animals and the animals from the public. 12. Animals which are natural enemies, temperamentally unsuited, or otherwise incompati- ble shall not be quartered together or so near each other as to cause injury, fear, or torment. 13. Female animals in estrus shall not be housed with males, except for breeding purposes. Females with young shall be housed alone unless with other compatible females with young. 14. The permittee shall give working animals proper rest periods at regular intervals. The permittee shall not work or use any animal which is overheated, weakened, exhausted, sick, injured, diseased, or otherwise unfit. 15. Confined or restrained dogs or cats shall be given exercise proper for the individual animal, outside of their regular confinement area. 16. The permittee shall have full responsibility for recapturing any animal that escapes. 17. The permittee shall not display, sell, or give away any animal which bears evidence of malnutrition, ill health, or an unhealed injury. 18. The permittee shall cause each dog, cat, ferret, or pot bellled pig, prior to sale or transfer, to be vaccinated against common diseases related to each specific animal. Pot bellled pigs must be pseudo-rabies tested thirty (30) days prior to sale or transfer. 19. The permittee shall provide sick, diseased, or injured animals with proper veterinary care or shall have the animal disposed of by euthanasia as prescribed by State law. An Animal Control representative may order any animal to be taken to a veterinarian for examination or treatment. 20. The permittee shall isolate sick or diseased animals from healthy animals at all times and segregate them so that the illness or disease will not be transmitted to other animals. 21. The permittee shall immediately notify the owner of any animal held on consignment or boarded if the animal refuses to eat or drink beyond a reasonable period, escapes, becomes injured, sick or dies. In cases of death, the permittee shall retain the body of the animal for twelve (12) hours after notification has been made to the owner. 22. The Animal Control Division shall upon request furnish the permittee with printed information regarding animal laws and regulations which shall be provided by the seller or transferor to the purchaser or receiver or new owner of any animal. 23. The permittee shall maintain current City licenses for all dogs and cats over the age of 8 weeks. Pet shops and breeders are exempt from licensing dogs or cats until the age of four (4) months. Pet Shops and Boarding Kennels Rules and Re.clulations Pet shops which maintain, sell, or transfer restricted animals must have a restricted animal permit in addition to a pet shop permit. Boarding kennels which maintain restricted animals must have a restricted animal permit in addition to a boarding kennel permit. Pet shops displaying, selling, or transferring turtles, tortoises, or iguanas must display in public view a notice of warning regarding the transmission of Salmonella. Pet shops shall immunize dogs, which have not already received such immunization, against rabies (except puppies under four (4) months of age), distemper, hepatitis, parainfluenza, parvo and corona viruses, and leptospirosis. o Pet shops shall immunize cats, which have not already received such immunization, against rabies (except kittens under four (4) months of age), panleukopenia, rhinotracheitis, and calici virus. 0 Pet shops shall maintain current City licenses for all dogs and cats over the age of four (4) months. A. Pet shops shall keep records for a period of twelve (1 2) months for each dog, cat, or restricted animal sold, traded, or given away by the pet shop. Records shall include the date of sale or transfer; identification of the animal; names, addresses, and phone numbers of the seller and purchaser or transferor and recipient; the source of the animal; vaccination history; neuter history; and history of prior illness or injury and treatments if known. Pet shops shall also keep records of all dogs, cats, and restricted animals which are bred and have young while in the custody of the pet shop. Records shall be available to an Animal Control representative upon request. B. The sale or transfer of an animal shall include a signed statement from the seller or transferor attesting to the seller's or transferor's knowledge of the animal's health. Such statement shall include the entire known record on each animal. Breeders Rules and Regulations Breeders shall not publish or advertise the sale or transfer of ownership of any dog or cat unless said publication or advertisement is accompanied by a current breeder's permit number. Breeders shall not own or possess more than four (4) dogs and five (5) cats over the age of four (4) months, unless said person has secured a permit to operate a dog or cat kennel. A. Breeders shall keep records for a period of twelve (1 2) months for each dog, cat, or restricted animal sold, traded, or given away by the breeder. Records shall include the date of sale or transfer; identification of the animal; names, addresses, and phone numbers of the seller and purchaser or transferor and recipient; the source of the animal; vaccination history; neuter historY; and history of prior illness or injury and treatments if known. Breeders shall also keep records of all dogs, cats, and restricted animals which are .bred and have young while in the custody of the breeder. Records shall be available to an Animal Control representative upon request. B. The sale or transfer of an animal shall include a signed statement from the seller or transferor attesting to the seller's or transferor's knowledge of the animal's health. Such statement shall include the entire known record on each animal. Breeders shall not allow the breeding of a dog or cat under the age of eighteen (1 8) months unless said animal must be bred for medical necessity. In such cases a signed veterinary statement is required. Breeders shall not breed more than two (2) dogs and two (2) cats within a twelve (1 2) month period. Breeders shall not allow a dog or cat to give birth to more than one (1) litter within a twelve (1 2) month period. The Supervisor of Animal Control may authorize, upon written application, the parturition of up to a total of two (2) litters by the same female dog in a twelve (1 2) month period. Such authorization shall only occur on a one-time basis during the life of the animal. 8. Breeders shall not sell any dog or cat under the age of eight (8) weeks. Breeders shall against rabies parainfluenza, immunize dogs, which have not already received such immunization, (except puppies under four (4) months of age), distemper, hepatitis, parvo and corona viruses, and leptospirosis. 10. Breeders shall immunize cats, which have not already received such immunization, against rabies (except kittens under four (4) months of age), panleukopenia, rhinotracheitis, and calici virus. 1 1. Dogs or cats known to have hereditary or congenital defects shall not be bred. 12. 13. Animals known to the owner to have aggressive tendencies shall not be bred. Breeders shall maintain current City licenses for all dogs and cats over the age of four months. SCHEDULE OF FEES, RULES, REGULATIONS AND GUIDELINES FOR THE PROVISION OF ANIMAL CONTROL SERVICES, ANIMAL LICENSING, ANIMAL PERMITS, AND ANIMAL ADOPTION Reclaim Fees for Impounded Animals: First reclaim within a twelve (12) month period: Animals with traceable identification tag or implant Animals without traceable identification tag or implant Free 0.00 Second reclaim Animals Animals w a twelve (12) month period: ith traceable identification tag or impl ~out traceable identification tag 10.00 20.00 Third reclaim within twelve (12) month peri, Animals with t ceable idE Animals without raceable identif or implant tag or implant 20.00 40.00 Fourth and subsequent re Animals with trace~ Animals without trac a twelve (12) month period: ~tification tag or implant le identification tag or implant $ 40.00 $ 80.00 Boarding Fees: Restricted animals: Other animals: 20.00 per day 10.00 per day Acceptance Fees for and Owners: Acce Per cat or litter of kittens under :9) weeks of age Per dog per litter of puppies under nim 9) weeks of age Per res' cted animal Per r( ~nt, rabbit, cavie, bird or other small or Fee for Stray Animals From Other Citie C%~nties: r animal 20.00 25.00 30.00 10.00 $100.00 Trap Rental: 81.00 per day (maximum of fifteen (15) days), plus a 85.00 non-refundable deposit. However, the deposit for cat traps will be refunded upon return of the cat trap in good working order. License Fees: Neutered male and spayed female animals Unaltered animals of either sex Unaltered animals which have been certified by a as being unable to be altered for medical reasons Duplicate license or tag Identification tag for animals ~der five (5) months ol (tag expires at five (5) of age) e 8 5.00 per year 8 30.00 per year 8 15.00 per year 8 1.00 1.00 New residents and new animal o ners must a license within thirty (30) days of acquiring the animal. All licens year from the date of issuance and must be renewed within thirty (30) expiration date. Failure to acquire or renew a license within these deadline ,ill result in the issuance of a delinquent fee which is equal to the amount of the fee, Adoption Fees, Rules and Guidelines: Adoption Refundable Fees Spay/Neuter Deposits Cats, kittens, rabbits, bir~)l~, and rodents 815.00 830.00 Dogs and puppies / 825.00 840.00 Restricted animals / ~,35.00' N/A / *~s permit fee) Upon the submiss)On of written proof from a sed ~eterinarian that the unaltered adoption animal ~as been altered, the Animal Center sh~t~ return the money deposited pursuant to ab/~e, subject to the following conditions: ~ 1) if the e/nimal was six (6) months of age or older at Ih~time of adoption, proof that the animal was altered within (30) days of the due which appears in the adoption contract, The Animal Center shall not be required to pay interest on monies deposited pursuant to this provision. Animal Center personnel shall require any person adopting an animal without a valid rabies certification to take the animal to a licensed veterinarian for a routine health check, worming, and routine vaccinations. If upon examination, the veterinarian finds that the animal will not be old enough to be altered by the due date recorded on the adoption contract, the veterinarian shall enter the new date and record a signature. The person who adopted the animal shall return the Animal Center. If this information is not returned to the days after the person adopting ~ihe animal took possession o' the animal shall forfeit the alte~ tion deposit. When a alteration date, Animal Center pE contract. and signature to the Center within ten (10) the person adopting has adjusted the will also adjust due date on the adoption Upon presentation of proof of age, found to meet the qualifications and pay an animal adoption fee to the for adoption is available from the shall be responsible for spaying or vaccinations and any veterinary costs, deposit set forth for spa¥ and neuter person (60) years of age or older shall, if riteria fo~ :1option of an animal, be required to City, provided that an animal suitable :er. Any such person adopting an animal tering of the animal, costs of required such persons shall be required to make the The Animal Center may waive t shown. time p~ iods established herein for good cause Permit fees: Animal act or exhibition Boarding kennel Breeders Cat kennel Circus Commercial kenne Dog kennel Dog or cat Motion picture, elevision, or theatrical performance Pet shop Restricted ani Rodeo 30.00 30.00 30.00 15.00 00.00 30.00 15.00 30.00 30.00 30.00 15.00 00.00 Permit Rules and Regulations General Rules and Re.qulations The applicant when applying for a permit shall furnish the Animal Control Division with a list of the types and maximum number of animals to be kept or used for any purpose. The applicant shall furnish the Anir~al Control Division with number, and address of a responsible person who has access can be reached during an emer, ~e name, telephone the animals and who The permittee shall notify the Animal ontrol Division required for additional animals being ke or a change in a permit is the permittee. The Animal Control Division may establish or maintained on the premises of the permi number of animals to be kept The permittee shall report in writing a changes in address, ownership or management to the Animal Control Divi ~t least ten (10) days prior to such change. The permittee shall supply animals sufficient, cod, wholesome food as often as the feeding habits of such animal require. The permittee shall supply ar water at all times. with reasonable ,'cess to fresh, clean, potable The permittee shall pro, animals with proper weather at all times. An ~als must not be over-crowded r detrimental to their w~ :are. ~r and protection from the .r exposed to temperatures 10. 11. The permittee shall ot allow any animal to be without or control in excess of seventeen (1 7) ~ecutive hours. The permittee ~h/all take every reasonable precaution to insure that animals are not abused, neglected, mistreated, annoyed, tormented or in any manner made to suffer by any persor~or by any means. The permittee shall not maintain nor allow any animal to exist in any manner that is or could be injurious to it. The permittee shall keep or maintain all animals in such 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. manner as may be prescribed to protect the public from the animals and the animals from the public. Animals which are natural enemies, temperamentally unsuited, or otherwise incompati- ble shall not be quartered together or so near each other as to cause injury, fear, or torment. Female animals in estrus shall not be housed with male-~, except for breeding purposes. Females with young shall be housed al/one unless with lther compatible females with young. The permittee shall give working animals proper rest permittee shall not work or use any animal which is o sick, injured, diseased, or otherwise u flit. at regular intervals. The rheated, weakened, exhausted, Confined or restrained dogs or cats animal, outside of their regular exercise proper for the individual The permittee shall have full responsibil for recapturing any animal that escapes. The permittee shall.not display, sell, malnutrition, ill health, or an away any animal which bears evidence of The permittee shall cause transfer, to be vaccinated ag~ Pot bellied pigs must be psel cat, or pot bellied pig, prior to sale or ~st common liseases related to each specific animal. o-rabies tested !hirty (30) days prior to sale or transfer. The permittee shall provi care or shall have the an Animal Control repres examination or treatl ~nt. sick, diseased, disposed of by eutl may order any ar 'ured animals with proper veterinary as prescribed by State law. An to be taken to a veterinarian for The permittee shal and segregate th animals. solate sick or diseased anima from healthy animals at all times so that the illness or disease will not be transmitted to other The permittee immediately notify the owner of animal held on consignment or boarded if animal refuses to eat or drink beyond reasonable period, escapes, becomes injured, sick or dies. In cases of death, the shall retain the body of the animal for twelve (12) hours after notification has made to the owner. 22, The Animal Control Division shall upon request furnish the permittee with printed information regarding animal laws and regulations which shall be provided by the seller or transferor to the purchaser or receiver or new owner of any animal. 23. The permittee shall maintain current City licenses for all dogs and cats ov 8 weeks. Pet shops and breeders are exe~mpt from licensing dogs or c of four (4) months, age of until the age Pet Shops and Boardin.q Kennels Rules and Re.qulations Pet shops which maintain, sell, or transfer restricted animals must have a restricted animal permit in addition to a pet shop permit. Boarding kennels which maintain restricted animals must have a restricted animal permit in addition to a boarding kennel permit. Pet shops displaying, selling, or transferring turtles, to~rtoi es, or iguanas must display in public view a notice of warning 'egarding the trans/~sion of Salmonella. Pet shops shall immunize dogs, which have not alrea/dy received such immunization, against rabies (except puppies under four (4) mon/fhs of age), distemper, hepatitis, parainfluenza, parvo and corona viruses, and I~/t/)spirosis. Pet shops shall immunize cats, whic~ have/nbt already received such immunization, against rabies (except kittens unc~er fo/u'r (4) months of age), panleukopenia, rhinotracheitis, and calici virus. ~/~ Pet shops shall maintain current Cit, for all dogs and cats over the age of four (4) months. A. Pet shops shall keep rec period of twelve (1 2) months for each dog, cat, or restricted animal sold 'aded, given away by the pet shop. Records shall include the date of sale or tr~ ;ation of the animal; names, addresses, and phone numbers of the sell and purchas~ or transferor and recipient; the source of the animal; vaccination h neuter hist, ry; and history of prior illness or injury and treatments if known. P shops shall also k~ ,~p records of all dogs, cats, and restricted animals which are bre~ and have young in the custody of the pet shop. Records shall be available to ~ Animal Control repre~ ;ntative upon request. B. The sale or of an animal shall ._.~de a signed statement from the seller or transferor att~ ¢ :ing to the seller's or transferol~s knowledge of the animal's health. Such statement ;hall include the entire known ch animal. Breeders Rules and Re.qulations Breeders shall not publish or advertise the sale or transfer of ownership of any dog or cat unless said publication or advertisement is accompanied by a current breeder's permit number. Breeders shall not own or possess more than four (4) dogs and five (5) cats over the age of four (4) months, unless said person has secured a p.ermit to operate a dog or cat kennel. 2)'~ ? A. Breeders shall keep records foe a period of twelve (1 onths for each dog, cat, or restricted animal sold, traded, or given away by the Records shall include the date of sale or transfer; identification of the anim~ names, addresses, and phone numbers of the seller and purchaser or transferor the animal; vaccination history; neuter history; and histo treatments if known. Breeders shall al.' o keep animals which are bred and have youn! while in th~ shall be available to an Animal Control recipient; the souroe of of prior illness or injury and all dogs, cats, and restricted ~, of the breeder. Records upon request. B. The sale or transfer of an animals or transferor attesting to the seller's or tr~ Such statement shall include the entire a signed statement from the seller eror's knowledge of the animal's health. ~wn record on each animal. Breeders shall not allow the breedin~ months unless said animal must be veterinary statement is required for or cat under the age of eighteen (18) ~edical necessity. In such cases a signed Breeders shall not allow an to give birth ~ more than two (2) litters of dogs and cats in a twelve month peri J. Breeders shall not female dog or cat in a animal to give birth o more than one (1) litter per each (1 2) month period. The Supervisor of parturition of up t~ month period. of the animal. Breeders shall ,nimal Control may total of two (2) litters by the ;h authorization shall only occur or upon written application, the me female dog in a twelve (1 2) one-time basis during the life sell any dog or cat under th.e age of e'~~, (8) weeks. Breeders shall immunize dogs, which have not already received such immunization, against rabies (except puppies under four (4) months of age), distemper, hepatitis, parainfluenza, parvo and corona viruses, and leptospirosis. 10. Breeders shall immunize cats, which have not already received such immunization, against rabies (except kittens under four (4) months of age), panleukopenia, rhinotracheitis, and calici virus. 1 1. Dogs or cats known to have heredi' ary or congenital defects shall not be bred. 12. Animals known to the owner to hal aggressive tendencies shall not be bred. 13. Breeders shall maintain current City I months. for all dogs a d cats over the age of four City of iowa City UEMORANDUM Date: July 15, 1997 To: From: Re: The Honorable Mayor Naomi J. Novick and Members of the City Council Dennis Mitchell, Assistant City Attorney ~/~ Resolution Adopting Schedule of Fees, Rules, Regulations and Guidelines for the Provision of Animal Control Services, Animal Licensing, Animal Permits, and Animal Adoption In response to the City Council's comments during the work session last night, the following changes have been made to the Schedule of Fees, Rules, Regulations and Guidelines for the Provision of Animal Control Services, Animal Licensing, Animal Permits, and Animal Adoption: Acceptance Fees have been revised to provide different fees for resident and non-resident owners; 2. The language regarding Trap Rental fees has been revised; and Paragraph 5 under "Breeders Rules and Regulations" has been revised to provide: "Breeders shall not breed more than two (2) dogs and two (2) cats within a twelve (12) month period." A copy of the revised Schedule .of Fees, Rules, Regulations and Guidelines is attached. It should be noted that first-time licensees, permittees, and those who adopt animals will be provided with this Schedule of Fees, Rules, Regulations and Guidelines. Owners who have their animals impounded will also be notified of the amount of subsequent reclaim fees. CC: Misha Goodman-Herbst, Animal Shelter Supervisor Eleanor Dilkes, Acting City Attorney Stephen Atkins, City Manager Marian Karr, City Clerk R.J. Winkelhake, Chief of Police Captain Tom Widmer, Police Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 97-234 RESOLUTION ESTABLISHING THE NAME OF THE EAST-WEST ARTERIAL STREET IN NORTHEAST IOWA CITY WHEREAS, the east-west arterial street in northeast Iowa City which will extend between North Dodge Street and Scott Boulevard is designated in the JCCOG Arterial Street Plan, which has been adopted by the JCCOG Urbanized Area Policy Board and is included in the Iowa City Comprehensive Plan; and WHEREAS, a section of said east-west arterial will be constructed in the 1998 construction season in conjunction with the extension of First Avenue to North Dodge Street; and WHEREAS, the City Council has indicated a desire to name said east-west arterial street, and the Iowa City Historic Preservation Commission has made a recommendation regarding the naming of said east-west arterial street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The east-west arterial street between North Dodge Street and Scott Boulevard shall be named "Captain Irish Parkway," after Captain Frederick M. Irish, an early settler and prominent Iowa Citian in the mid- to late-nineteenth century. Passed and approved this ~[5th day of July , 1997. ATTEST: CiT/~'CLERK It was moved by Norton adopted, and upon roll call there were: and seconded by Vanderhoef the Resolution be jccogtp/res/captiris,doc AYES: NAYS: X X X X X X ,X ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City E ,/ ORANDUIV! Date: To: From: Re: July 7, 1997 City Council Jeff Davidson, Asst. Director, Dept. of Planning and Community Development Name for east-west arterial street in northeast Iowa City You recently requested that staff forward to you a recommendation on a name for the east-west arterial street in northeast Iowa City which will extend from North Dodge Street to Scott Boulevard. A portion of this street will be built next year in conjunction with the extension of First Avenue to North Dodge Street. Because the City's street naming policy indicates that streets in the northeast quadrant are encouraged to be named after pioneer and historical figures, we felt it appropriate to ask the Historic Preservation Commission for a recommendation on a name. On June 10, 1997 I met with the Commission, and after much discussion consensus was reached on "Captain Irish Parkway" as the name to be recommended to the City Council. The attached memo from Scott Kugler details the Commission's rationale for this name. The Commission decided to add the "Captain" so that it would be apparent the street was named after a person rather than an ethnic group, and because apparently Mr. Irish preferred to be addressed as "Captain Irish." The Commission wanted to make sure that Council was apprised of the other names which were considered, and these are detailed in Scott's memorandum. The Commission is aware that their recommendation to you is just that, a recommendation, and that you may wish to consider one of the other names they discussed. Please be prepared to discuss this matter at the July 14 City Council work session. I will prepare a resolution establishing the name of the street according to the Historic Preservation Commission's recommendation. If you wish to use another name, you may amend the resolution at your July 15 meeting. Attachment cc: Steve Atkins Karin Franklin Chuck Schmadeke Scott Kugler Dennis Gannon jw/mem/jdstreet.doc City of iowa City MEMORANDUM Date: To: From: Re: June 13, 1997 Jeff Davidson, Assistant Director Scott Kugler~ssociate Planner Recommended Name for East-West Arterial Street in Northeast Iowa City The Historic Preservation Commission discussed possible names for the above-referenced arterial street at its June 10 meeting. A number of possibilities were given serious consideration. In the end, consensus was reached on "Captain Irish Parkway," to be named after Captain Frederick M. Irish, an early settler and prominent Iowa Citian in the mid-to-late 19th century. The Irish family was a major landowner in northeast Iowa City, and Hickory Hill Park was created out of land from its estate. Rose Hill, an Iowa City Historic Landmark property located on E. Davenport Street, was built by/for Captain Irish and his family around 1850. Other names that were considered by the Commission included Emma Harvat Parkway (after the first female mayor of Iowa City, also the first woman in the Country to be named mayor of a city of over 10,000 population), Old Military Road (after an early furrowed roadway that ran through northeast Iowa City toward Dubuque), Emma Haddock Avenue (the first woman in Iowa to be admitted to practice law in the federal courts, whose country residence, Bluffwood, was located on Rochester Avenue until demolished a few years ago) and Hickory Hill Parkway. The Commission suggested that it would be more appropriate to remember Emma Harvat by naming something in the downtown area in her honor, rather than a street at the edge of the City. This should be related to City Council should they be considering names for any new public buildings or spaces in the downtown area in the near future. Hickory Hill Parkway was felt to be misleading due to the fact that the roadway will not abut or provide access to the park. Prepared by: Denny Gannon, Assistant City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 97-235 RESOLUTION CHANGING THE NAME OF NORTH DODGE COURT LOCATED IN RICORD'S SUBDIVISION AND IN THE RESUBDIVISION OF A PORTION OF LOTS 5 AND 6, JACOB RICORD'S SUBDIVISION TO DODGE STREET COURT. WHEREAS, on October 28, 1996, the City Council via Resolution No. 96-302 approved the preliminary and final plats of a Resubdivsion of a Portion of Lots 5 and 6, Jacob Ricord's Subdivision; and WHEREAS, the preliminary and final plats of a Resubdivision of a Portion of Lots 5 and 6, Jacob Ricord's Subdivision show said development is located adjacent to (south of) North Dodge Court; and WHEREAS, said street has been identified as Dodge Street Court on city street signs, maps, and telephone books. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The name of North Dodge Court located in Ricord's Subdivision and in the Resubdivision of a Portion of Lots 5 and 6, Jacob Ricord's Subdivision is hereby changed to Dodge Street Court. 2. As required by Iowa Code §354.26 (1997), the City Clerk is directed to certify a copy of this Resolution and to file this Resolution with the Johnson County Recorder, the Johnson County Auditor, and the City Assessor. Passed and approved this :[Sth day of , 1 997. ATTEST: C~ /~- It was moved by Vanden'hoer adopted, and upon roll call there were: and seconded by--Baker the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng/res/dodge¢:.doc Prepared by: Jeff Davidson, Johnson County Council of Governments, 410 E, Washington St,, Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 97-236 RESOLUTION SUPPORTING THE STUDY AND POSSIBLE IMPLEMENTATION OF PASSENGER RAIL SERVICE THROUGH CHICAGO, WYANET, QUAD CITIES, IOWA CITY, DES MOINES, AND OMAHA. WHEREAS, a nine-state Midwest Rail Initiative including the Iowa and Illinois Departments of Transportation is studying passenger rail service routes which would utilize Chicago as a hub; and WHEREAS, the rail service route serving Chicago, Wyanet, the Quad Cities, Iowa City, Des Moines, and Omaha would serve more population than any other proposed route through Illinois and Iowa with Chicago and Omaha as the termini; and WHEREAS, this rail service route would link the major medical centers at The University of Iowa in Iowa City and the University of Chicago; and WHEREAS, this rail service route would link major institutions of higher learning including The University of Nebraska at Omaha, Drake University, Grinnell College, The University of Iowa, St. Ambrose University, Augustana College, Marycrest College, Palmer College of Chiropractic, the University of Chicago, the University of Illinois in Chicago, Loyola University, and Northwestern University; and WHEREAS, passenger rail service through this area would provide an alternative mode of transportation for the population in Illinois and Iowa; and WHEREAS, the basic passenger rail service may be upgraded in the future to serve high-speed trains and must serve the highest population possible in order to be viable. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Iowa City, Iowa supports the study of rail service from Chicago to Omaha, via Wyanet, the Quad Cities, Iowa City, and Des Moines. If the study shows that passenger rail service is a viable transportation option, the City Council of the City of Iowa City supports the implementation of rail service along the said corridor. Passed and approved this 15th day of Oul.y ,1997. Ap,~lroved by ~ City Attorney's Office mgr/res/railstdy.doc Resolution No. 97-236 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef POTENTIAL PASSENGER RAIL ROUTES RO.U-T-E-2 Carroll ,~mes i i Cr. esto~ Route 1' Iowa Population- 529,248 Route 1A: Illinois Population- 3,091,399 Route lB: Illinois Population- 3,404,573 Route 2: Route 2: Route 3: Route 3: Iowa Population- 353,050 Illinois Population- 3,239,632 Iowa Population- 175,035 Illinois Population- 3,859,959 CeSar Rapids~ i iDekalbI Clinton Rock Falls ad Cities Kewanee i Gale{burg/ i / ~, r'--] ~ ILLINOISi ! ~ · i , / U -L. ' ! ..........LJ! r' '-7! RdU-TE -- Chicago N STATE ROUTE IA: CHICAGO-JOLIET-QUAD CITIES-DES MOINES-OMAHA CiTY POPULATION COUNTY POPULATION 1990 1994 Est. 1990 1996 Est. Illinois Total 3,129,988 3,091,399 6,618,866 6,765,028 Iowa Total 515,289 529,248 859,379 903,472 Nebraska Total 335,795 345,033 416,444 438,835 GRAND TOTAL 3,981,072 3,965,680 7,894,689 8,107,335 ROUTE lB: CHICAGO-MENDOTA-QUAD CITIES-DES MOINES-OMAHA STATE CiTY POPULATION COUNTY POPULATION 1990 1994 Est. 1990 1996 Est, Illinois Total 3,408,182 3,404,573 6,664,032 6,802,456 Iowa Total 515,289 529,248 859,379 903,472 Nebraska Total 335,795 345,033 416,444 438,835 GRAND TOTAL 4,259,266 4,278,854 7,939,855 8,144,763 ROUTE 2: CHICAGO-DEKALB-CLINTON-CEDAR RAPIDS-OMAHA STATE Illinois Total Iowa Total Nebraska TOTAL CITY POPULATION COUNTY POPULATION 1990 1994 Est. 1990 1996 Est. 3,273,892 3,239,632 6,422,671 6,555,205 349,893 353,050 560,414 607,560 335,795 345,033 416,444 438,835 3,959,580 3,937,715 7,399,529 7,601,600 ROUTE 3: CHICAGO-WYANET-BURLINGTON-OTTUMWA-OMAHA STATE Illinois Total Iowa Total Nebraska TOTAL CITY POPULATION COUNTY POPULATION 1990 1994 Est. .- 1990 1996 Est. 3,345,807 3,339,891 6,598,979 6,737,179 173,208 175,035 284,839 268,528 335,795 345,033 416,444 438,835 3,854,810 3,859,959 7,280,262 7,444,542 Source: U.S. Bureau of the Census. Provided By: Bi-State Regional Commission. Prepared by: Kevin Doyle, Associate Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 97-237 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT FOR FY97 PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY. WHEREAS, there is an existing 28E Agreement for FY97 paratransit service between the City of Iowa City and Johnson County; and WHEREAS, ongoing negotiation for FY98 paratransit service has produced the need to extend the FY97 Agreement; and WHEREAS, Section IV "Duration" of the FY97 Agreement permits an extension of the Agreement beyond June 30, 1 997, by mutual agreement of the parties; and WHEREAS, representatives of the City of Iowa City and Johnson County have negotiated an extension of the FY97 Agreement for a period of thirty-one (31) calendar days to July 31, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the extension Agreement for FY97 paratransit service between the City of Iowa City and Johnson County. In accordance with Section 28E Code of Iowa (1997) the City Clerk is authorized to file said extension Agreement with the Secretary of the State of Iowa and County Recorder of Johnson County, Iowa. Passed and approved this 15th day of Oul.y , 1997. ATTEST: A p Rr~v ed~ by . City Attorney's Office jccogtp\res\paratra2.doc Resolution No. 97-237 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Extension Agreement for FY97 Paratransit Service Between the City of Iowa City and Johnson County This extension agreement is made and entered into by and between the City of Iowa City, Iowa and Johnson County, Iowa. WHEREAS, there is an existing 28E agreement for FY97 paratransit service between the City of Iowa City and Johnson County; and WHEREAS, ongoing negotiations for FY98 paratransit service have produced the need to extend the FY97 agreement; and WHEREAS, Section IV, "Duration," of the FY97 agreement permits extensions of the current agreement beyond June 30, 1997 by mutual agreement of the parties. NOW THEREFORE, it is agreed by and between the City of Iowa City and Johnson County: That the existing 28E agreement for FY97 paratransit service between the City of Iowa City and Johnson County is hereby extended for a period of thirty-one (31) calendar days to July 31, 1997. For the extension of the FY97 paratransit service agreement from July 1, 1997 to July 31, 1997, Johnson County shall be reimbursed 847,182 by the City of Iowa City. All fares collected over 82,567 shall be returned to the City of Iowa City. In all other respects, the terms of the FY97 28E agreement for paratransit service shall remain in effect. This extension agreement represents the entire extension agreement between the City of Iowa City and Johnson County for paratransit service. It may be amended only by a written instrument signed by all parties. Dated this _._~ ~ day of ~_~_..-~.~-~_.x_~ , 1997. By: CITY OF IOWA CITY, IOWA Nabmi J. ~vidk, Mayor City Clerk JOHNSON COUNTY, IOWA By: Sally Stuts~ian, Chairperson Board of Supervisors ATTEST: County Auditor City Attorney's Office Page 2 CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA JOHNSON COUNTY On this /5 ) ) SS: ) day of , 19 if'7 , before me, Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinal~u~) (Resolution) No. q?-~? passed by the City Council, on the ~5~z- day of ~l~,. , 19 77 , and that Naomi J. Novick and Marian K. Karr acknowledged the e~ecution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~;~ '-77~-- ~-~-~-" day of ',N0~ary Public in and for the State of Iowa, i~rsonally appeared Sally Stutsman and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively, of the County of Johnson, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as cp~ained in the.,~Motion adopted by the Board of Supervisors, on the . ' --~' day of _~..~?,.~_~. , 19 ~;>,-~ , and Sally Stutsman and Tom Slock~t' acknowledge the ~'~uu~on of tt~e instrumen~ G ~ their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary P.~blic in and for the State of Iowa jccogtp\agt\paratran,doc PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 AUGUST 13, 1997 MARIAN K. KARR CITY OF IOWA CITY 410 E WASHINGTON ST. IOWA CITY, IA. 52240-1826 RE: Filing of 28E Agreement between the IOWA CITY, IOWA and the JOHNSON COUNTY Dear Ms. KARR: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of Au~'ust ]5~ ]997. Sincerely, Paul D. Pate Secretary of State PDP/klw Enclosures Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 522z~0; 319-356-5236 RESOLUTION NO. RESOLUTION APPROVING THE DESIGN OF THE IOWA CITY TRANSIT INTERCHANGE FACILITY WHEREAS, the applicant, Shoemaker & Haaland Professional Engineers, has filed an application for design review approval of the proposed Iowa City Interchange Facility to be located on Washington Street between Old Capitol Mall and the Pentacrest, Iowa City, Iowa, hereinafter "Project"; and WHEREAS, 'given that the Project consists of exterior alterations occurring in the public right-of-way which was part of the urban renewal project 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 design of the Project; and WHEREAS, the design review application for the Project, a copy of which is on file in the Department of Planning and Community Development, has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the design of the Project be accepted and approved as submitted, subject to: 1) 2) 3) 4) the use of a copper roof; not cutting corners on the selection of materials; Design Review Committee review and approval of exterior signs; the architect reviewing the quantity and size of the columns; and WHEREAS, the design of the Project is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The design of the proposed Iowa City Transit Interchange Facility to be located on Washington Street between Old Capitol Mall and the Pentacrest in Iowa City, Iowa, be approved subject to: 1) 2) 3) 4) the use of a copper roof; not cutting corners on the selection of materials; Design Review Committee review and approval of exterior signs; the architect reviewing the quantity and size of the columns. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution. Upon this approval, necessary permits may be issued for the Project upon full compliance with all applicable codes and ordinances. Resolution No. Page 2 Passed and approved this day of ,1997. ATTEST: CITY CLERK MAYOR City Attorney's Office It was moved by and upon roll call there were: AYES: and seconded by NAYS: ABSENT: the Resolution be adopted, Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ecodev\transit.res Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 97-238 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLA- TION, OPERATION AND MAINTENANCE OF THE CAMPUS FIBER OPTIC NETWORK. WHEREAS, in the last few years the University of Iowa has engaged contractors to install a University-wide campus fiber optic network on the west and east sides of the Iowa River; and WHEREAS, it is in the public interest to enter into an agreement concerning the rights and obligations of the City of Iowa City and the University of Iowa with respect to the i,nstallation and maintenance of the Campus Fiber Optic Network in the public right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached agreement between the City of Iowa City and the University of Iowa to use public rights-of-way for the installation, operation and maintenance of the Campus Fiber Optic Network is hereby approved as to form and substance. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at the University of Iowa's expense. Passed and approved this 15th day of , 1 997. ATTEST: A,,pr~oved by/,,--~ , City Attorney's Office pweng\fiberopt.res Resolution No. 97-238 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Baker AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by Linda Newman Woito, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030. AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE UNIVERSITY OF IOWA TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF THE CAMPUS FIBER OPTIC NETWORK SECTION I. DEFINITIONS "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. "Public Improvements" shall mean any improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto. "Public property" shall mean City-owned or controlled public rights-of-way, easements, bridges, squares and commons. "Network" shall mean the University of Iowa and shall include all equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include but not be limited to poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, and other structures or appurtenances. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a communications system in, under, upon, along and across the public property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with reference to streets and alleys, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or 2 other structure upon or under public property, the Director of Public Works shall, within a reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a public improvement or existing City-owned public utility system facility and refer the same back to the Network for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for, unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION z~. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's Regulations. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property, public utility system component, public improvement, or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days' notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. 3 SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order, SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities' erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon public property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty- eight (48) hours after the time of request. As a condition of this agreement the Network shall 4 enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. POWERS OF CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property.. SECTION 10. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as- built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities in connection with this agreement. SECTION 11. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred, or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within forty-five (45) calendar days after receipt of such notice. If the Network fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or seek damages for such default; or any combination of (i), (ii) and (iii). SECTION 12. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to be responsible for any and all claims and expenses, including reasonable attorney fees, arising directly from the exercise of the rights granted herein to the extent permitted by Chapter 669, Iowa Code. The Network agrees to require contractors and 5 subcontractors engaged in work for the Network within the public rights-of-way or public property to maintain insurance coverage in comprehensive form and in the amounts to be set by the City, to maintain said coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 13. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality, and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 14. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party, except either party shall have the right to assign, convey, or otherwise transfer its rights, title, interest and obligatio.ns under this agreement, in whole or in part, to any entity controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or consolidated or which purchases all or substantially all of the assets of such party. In the event Network is controlled by or is under common control or merges with or is consolidated with an entity other than Network or City, Network agrees to notify City in writing of such changes in control merger or consolidation. SECTION 15. VACATION OF STREETS AND ALLEYS So long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. SECTION 16. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and, addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 If to Network: Director, Facilities Services Group 416 North Hall Iowa City, IA 52242 provided, however, that in the case of an emergency, notices may be given verbally to the above-named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 17. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. THIS AGREEMENT is entered into as of the /.5 day of -~.~ , 1997. UNIVERSITY OF IOWA B~-~'~~~,,'~"~,~~-~ By: Michael J. Fi.".negan Bu~.e~ Nl~,~ager Title: Title: CITY OF IOWA CITY, IOWA ,~pproved by City Attorney's Office City's Acknowled.qement STATE OF IOWA ) ) SS: JOHNSON COUNTY ) .~,~ ,19 ~'1 ,beforeme, ~o~:~rz~ On this /-q day of I~otary Public in and' for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinartce) (Resolution) No. r~7- ¢.5 ¢ passed by the City Council, on the /.5 ~ day of ~/~ , 19 ¢~7 , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and .deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Acknowledgement of the University of Iowa STATE OF IOWA ) ) SS: POLK COUNTY ) On this ~ ?/~ day of E~~gj , A.D. 19~?, before me, a Notary Public, personally appeared Mike an, University Business Manager, University of Iowa, to me personally known and who by me duly sworn, did say that he is the Business Manager of the University of Iowa and who is authorized to execute the foregoing instrument to whic~ aoknowlodgemont ic attached by vote of thc ,gtatc Board of Rcgcnts at its moot~ng on- , 19 , and who acknowledged the execution of said instrument to be his voluntary act and deed a~nd thc voluntary act end deed u[ LI ~u State Doard' of Rogcnts,. Notary P~bl~ in and for and State pweng\mwrtelcm,agt APPROVFD il i PROJECT AREA IOWA OILY, IOWA . SCALE ~':~00' h s~euo aoo. none ~ ~ IA ~ ~ 0~, ~, ~ Mo~ IA ~llBTT ~A~ I 1, TITI.E' APPROVED PROJECT AREA CAMPUS FIBER OPTIC NETWORK IOWA CITY, IOWA 4-§-g7 SCALE I'=100' ,lB FIELD BOOK NONE LJM REVISION ~.~HIV]E ,][-~ATTE RY Ce~r Flapld% IA, Iowa CIIy, IA, De~ Molne~ IA Moline, IL ~ Bloomington, IL Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. RESOLUTION TEMPORARILY CLOSING PORTIONS OF IOWA AVENUE, DUBUQUE STREET AND JEFFERSON STREET RIGHT-OF-WAY AND AUTHORIZ- ING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. WHEREAS, the University will be undertaking the construction and expansion of the University Biological Sciences Renovation and Replacement -- Annex and New Building; and WHEREAS, the University and City desire to secure the construction site against pedestrian and vehicular traffic, while working East and West of Dubuque Street between Jefferson Street and Iowa Avenue and also to provide construction vehicle access and on-site storage for construction equipment and materials in order to construct the facilities; and WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site 'at a properly safe distance from traffic, so as not to endanger lives or property; and WHEREAS, an agreement for the temporary use of public right-of-way containing such conditions has been prepared and is attached to this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to temporarily close portions of sidewalk and street along Iowa Avenue, Dubuque Street and Jefferson Street in Iowa City, Iowa in order to assure a safe construction site for the University of Iowa and thereby ensure public safety. The following public right-of-way will be temporarily closed during the approximate dates shown: North 26-feet of Iowa Avenue between Dubuque Street and Clinton Street (7/97~7/99). North 26-feet of Iowa Avenue between Linn Street and Dubuque Street (1 0/97- 8/00). East 29-feet of Dubuque Street between Iowa Avenue and Jefferson Street (1 0/97-8/00). South 42-feet of Jefferson Street between Clinton Street and Dubuque Street (7/97-7/98). Resolution No. Page 2 The easement agreement for use of public right-of-way attached hereto is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Easement Agreement for and on behalf of the City of Iowa City for recordation in the Johnson County Recorder's Office, at University expense. It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS:. ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be Passed and approved this day of , 1997. ATTEST: CITY CLERK MAYOR ,.,roved b~r'-~ City Attorney's Office pwadmin\res\iowadubu,wp5 Prepared by: Jeff McClure, Civil Engineer, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR A PORTION OF IOWA AVENUE, DUBUQUE STREET AND JEFFERSON STREET, IOWA CITY, IOWA This Easement Agreement is made by and between the University of Iowa, hereinafter referred to as "University," and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City." WHEREAS, the University will be undertaking the construction and expansion of the University Biological Sciences Renovation and Replacement -- Annex and New Building; and WHEREAS, the University and City desire to secure the construction site against pedestrian and vehicular traffic, while working East and West of Dubuque Street between Jefferson Street and Iowa Avenue and also to provide construction vehicle access and on-site storage for construction equipment and materials in order to construct the facilities; and WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a properly safe distance from traffic, so as not to endanger lives or property; and WHEREAS, an easement agreement for the temporary use of the Iowa Avenue, Dubuque Street and Jefferson Street public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, in mutual consideration of the promises herein, the University of Iowa and the City of Iowa City agree as follows: The University of 10wa will be undertaking construction of the Biological Sciences Renovation and Replacement -- Annex and New Building. In order to facilitate the safe execution of said construction, and to secure the construction site from pedestrian and vehicular traffic, the University has requested the City to permit temporary use and allow temporary closure of portions of Iowa Avenue, Dubuque Street and Jefferson Street right-of-way, as indicated on Attachment A. In consideration of the City's permission herein to temporarily close a portion of City sidewalk and street along Iowa Avenue, Dubuque Street and Jefferson Street during the construction of the Biology Annex and New Building, the University agrees to secure its construction site against pedestrian and public traffic by providing adequate traffic control, by providing adequate signage, and by fencing all open excavations while the contractor is not working, thereby ensuring public safety and a safe construction site. In consideration of the University's promises herein, the City agrees to allow temporary closure and use of a portion of a City sidewalk and street along Iowa Avenue, Dubuque Street and Jefferson Street. The parties acknowledge that the closure of these portions of City right-of-way, as indicated in Attachment A, will be done to minimize interference with traffic flow along the west side of Clinton Street. 2 o t In consideration for the University's promises herein, the City agrees to allow the University to temporarily erect a barricade twenty-nine feet (29') off the right-of-way line adjacent to the University's property along the east edge of Dubuque Street and twenty-six feet (26') off of the north edge of Iowa Avenue. The University also agrees to provide, keep in place, and maintain in good working condition certain signage necessary to a. route pedestrians. b. provide advance warning. c. provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. The University agrees to assume responsibility for this agreement and any claims arising out of this agreement, including any claims and/or liability which might arise as a result of the decision to permit construction of the Biology Annex and new building in and along Iowa City's Iowa Avenue, Dubuque Street and Jefferson Street right-of-way to the full extent permitted by Chapter 669, Code of Iowa (1997), entitled "State Tort Claims," and according to the procedures set forth therein. The University agrees to assume responsibility for property losses and personal injuries and claims of such damages arising out of its use of the Iowa Avenue, Dubuque Street and Jefferson Street right-of-way noted herein, which injuries or losses are incurred by reason of the negligence of the University or its agents or employees to the full extent permitted by Chapter 669, Code of Iowa (1997), entitled "State Tort Claims," and according to the procedures set forth therein. After the University's construction is complete, the University agrees to restore any and all portions of the sidewalk and street within the City right-of-way to the pre-construc- tion condition, to the City's complete satisfaction. With respect to this Temporary Easement for use of public right-of-way and the temporary closure of the sidewalk and street, City and the University agree this Temporary Easement shall be in effect as described below: North 26-feet of Iowa Avenue between Dubuque Street and Clinton Street (7/97- 7/99). North 26-feet of Iowa Avenue between Linn Street and Dubuque Street (10/97- 8/00). East 29-feet of Dubuque Street between Iowa Avenue and Jefferson Street (10/97-8/00). South 42-feet of Jefferson Street between Clinton Street and Dubuque Street (7/97-7/98). The actual closure and reopening of the areas identified above and in Attachment A will occur within the duration shown but may be shortened upon substantial completion of construction and as agreed upon by the University and City. 3 Notwithstanding the above, the University agrees to cease and desist its temporary use and closure of the public right-of-way and to remove any and all obstructions from said right-of-way if a breach of this easement agreement occurs; or after notice to remove has been given by the City and if the University fails to remove any obstructions, barricades or signage from the public right-of-way, the City may remove the obstruc- tions, barricade or signage, and the cost thereof shall be billed to the University for payment to City. 10. The University acknowledges and agrees that no property right is conferred by this grant of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of-way for purposes other than right-of-way; and, in addition to paragraphs seven '(7) and eight (8), that the City may order said temporary use terminated at any time if, for any reason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions, as provided by state law. 11. This Agreement shall constitute as a covenant running with the land, and shall be bind- ing upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Dated this day of , 1997. CITY OF IOWA CITY, IOWA STATE UNIVERSITY OF IOWA By Naomi J. Novick, Mayor By Mike Finnegan, University Business Mgr. Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office 4 STATE OF IOWA JOHNSON COUNTY ) ) SS: ) On this day of , 1997, before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. passed by the City Council, on the day of , 1997, and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA JOHNSON COUNTY ) ) SS: ) On this day of ,A.D. 1997, before me, a Notary Public, personally appeared Mike Finnegan, University Business Manager, State University of Iowa, to me personally known and who by me duly sworn, did say that he is authorized to execute the foregoing instrument to which this acknowledgement is attached, and who acknowledged the execution of said instrument to be his voluntary act and deed and the voluntary act and deed of the State University of Iowa. Notary Public in and for said County and State pwadmin\agt\iowadubu,wp5 ,/ 80' / 07/97 THRU 07/98 Ptt HA ............ -~ ~'/~)'~'-~I]IRU 07/99 ( 110' 79' IOWA AVE. 1,30' --~ JEFFERSON ST~ ~ ROAD RIGHT-OF-WAY . ROAD RIGHT-OF-WAY 10/97 THRU 08/00 2.31' Scele: 1"= 60' VAN ALLEN HALL Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 97-239 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GREGORY AND MAUREEN CILEK FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF NORTH GILBERT STREET IN IOWA CITY, IOWA. WHEREAS, Gregory and Maureen Cilek are the fee owners of certain real estate addressed as 404 Brown Street and described as follows: Beginning at the southwest corner of Outlot 17 east 80' north 223' west 48.5' southwesterly along the arc of circle radius approximately 55' to west line of Outlot 17 201.3' to beginning, Original Town in Iowa City, Iowa; and WHEREAS, Gregory and Maureen Cilek, hereafter "Owners", propose to construct a retaining wall along the west side of their property addressed 404 Brown Street, as indicated in Attachment A; and WHEREAS, said retaining wall will extend approximately 15 feet into the right-of-way of North Gilbert Street adjacent to the property; and WHEREAS, Owners agree to remove the portion of retaining wall intruding into the North Gilbert Street right-of-way at such time the City requires use of any part of the right-of-way for any purpose; and WHEREAS, Owners have requested the City permit temporary use of a portion of the North Gilbert Street right-of-way adjacent to the property; and WHEREAS, the City Engineering Division has reviewed Owners' construction plans, and finds the proposed retaining wall to be a minimal intrusion into the public right-of-way which will not adversely affect the City's interest therein; and WHEREAS, an agreement for temporary use of the North Gilbert Street public right-of-way containing certain conditions has been negotiated; and WHEREAS, said agreement shall be contingent on approval of the design of said retaining wall by Planning Department staff in consultation with the Chair of the Historic Preservation Commission and/or the entire Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Council finds that Owner's proposed retaining wall which will extend approximately 15 feet into the North Gilbert Street right-of-way constitutes a minimum intrusion, and will not adversely affect the City's interests in said right-of-way, so long as the proposed wall conforms to the conditions set forth in the accompanying agreement. Resolution No. 97-239 Page 2 The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated by reference herein is approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owners' expense. Passed and approved this 15th day of Jul.y , 1997. CIT~' CLERK ovedr~y Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pwenglres/ngilbert.do¢ Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND GREGORY AND MAUREEN CILEK FOR A PORTION OF NORTH GILBERT STREET IN IOWA CITY, IOWA. This Agreement is made between Gregory and Maureen Cilek ("Owners") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, Gregory and Maureen Cilek are the fee owners of certain real estate addressed as 404 Brown Street and described as follows: Beginning at the southwest corner of Outlot 17 east 80' north 223' west 48.5' southwesterly along the arc of circle radius approximately 55' to west line of Outlot 17 201.3' to beginning, Original Town in Iowa City, Iowa; and WHEREAS, Gregory and Maureen Cilek, hereafter "Owners", propose to construct a retaining wall along the west side of their property addressed 404 Brown Street, as indicated in Exhibit A; and WHEREAS, said retaining wall will extend approximately 15 feet into the right-of-way of North Gilbert Street adjacent to the property; and WHEREAS, Owners agree to remove the portion of retaining wall intruding into the North Gilbert Street right-of-way at such time the City requires use of any part of the right-of-way for any purpose; and WHEREAS, Owners have requested the City permit temporaw use of a portion of the North Gilbert Street right-of-way adjacent to the property; and WHEREAS, the City Engineering Division has reviewed Owners' construction plans, and finds the proposed retaining wall to be a minimal intrusion into the public right-of-way which will not adversely affect the City's interest therein; and NOW, THEREFORE, in mutual consideration of the promises herein, Owners and the City of Iowa City agree as follows: In consideration of the conditions herein, the City agrees to permit Owners to extend a portion of a retaining wall into a portion of the North Gilbert Street right-of-way, and that said extension into the North Gilbert Street right-of-way shall be no more than 15 feet. Owners agree to construct said retaining wall in the manner and location set forth in the schematic diagram attached hereto as Exhibit A, and to comply with the conditions set forth herein. The City's agreement is contingent on approval of the design of said retaining wall by Planning Department staff in consultation with the Chair of the Historic Preservation Commission and/or the entire Commission. Owners agree that in the event the City requires use of any part of the right-of-way for any purpose, and/or must remove any portion of retaining wall, City is not responsible for the 2 restoration of, replacement, or payment of damages for said retaining wall, and it shall be the Owners' burden to restore the wall at their own expense if they choose. Owners agree that the City may, at its discretion, elect to give notice to Owners to remove the portion of retaining wall which extends into the North Gilbert Street right-of-way, all as provided in Section 364.12, Code of Iowa (1997); and in the event Owners do not comply within the time period designated in the Notice to Remove, City may elect to remove, or direct removal of the retaining wall and/or any other obstructions from the right-of-way, and to charge the cost of such removal to Owners, which Owners hereby agree to pay. Further, any costs of removal may be assessed against the property in the manner provided in Section 364.12(2)(e), Code of Iowa (1997). Owners, together with their successors and assigns, agree to indemnify, defend and hold City harmless in connection with any liability whatsoever arising in regard to the installa- tion, maintenance, use, location, existence or repair of said retaining wall within the North Gilbert Street right-of-way, including any liability which the City may incur as a result of its decision to allow placement of said retaining wall within the North Gilbert Street right-of- way. Owners may later be required to carry liability insurance coverage, but such cover- age is now waived by the City. If any required insurance is not maintained, the City shall have the right to remove the retaining wall pursuant to Section 364.12, Code of Iowa (1997). Owners acknowledge and agree that no property right is conferred by this grant of permis- sion to use the North Gilbert Street right-of-way for placement of a portion of the retaining wall; that the City is not empowered to grant a permanent use of its street right-of-way for private purposes; and that the City may order said portion of retaining wall removed at any time, if, for any reason, the City Council determines that the property on which the portion of the retaining wall is located is needed for a public use and/or should be cleared of any or all obstructions, as provided by state law. This Easement Agreement shall be recorded in the Johnson County Recorder's Office, at Owners' expense. Dated This agreement shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest and assigns of both parties. this '10th day of Apr'i'l ,199~. CITY OF IOWA CITY (Naorr~. Novick, Mayor Attest: .~ ~. ~ Marian K. Karr, City Clerk Maureen Cilek A~,.ved by ~- City Attorney's Office 3 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /5' ~ day of ~-~I.) ,19 '~'"? , before me, '~,--'~' , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordir~anec) (Resolution) No. ~'7- ~-~? passed by the City Council, on the /.~ ~ day of -~'~ ,19 ~/? , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) OWNERS' ACKNOWLEDGMENT On this \,b'~'~ day of ~', \ , 1997, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Gregory Cilek, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. · N otary'Pub"l~; in ' ~ ' and for said County and State OWNERS' ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this \o~' day ofX~'~¢', ~, , 199,7, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Maureen Cilek, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. pweng/agt/ngilbert.wp5 Nota~?.~bli~ in and for said County and State EXHIBIT "A" City of Iowa City MEMORANDUM Date: July 15, 1997 To: From: Naomi J. Novick, Mayor Scott Kugler,~Associate Planner Be'- Agenda Item No. 24, Proposed Gilbert Street Right-of-Way Encroachment. It has come to my attention that Gregory and Maureen Cilek, owners of the property located at 404 Brown Street, are requesting approval of a right-of-way encroachment along their Gilbert Street frontage to construct a retaining wall. The plans submitted with the request indicate the location of the proposed wall, but do not indicate how it will be constructed, what materials will be used, or how high the wall will be. Given that this property is located within the Brown Street Historic District, it would seem appropriate to review the design of the proposed wall to assess its compatibility with the surrounding historic district before granting final approval of the request. On behalf of the Historic Preservation Commission, I would recommend that if the Council is inclined to approve the requested encroachment, that it do so subject to a review of the design and materials of the proposed wall to ensure its compatibility with its surrounding neighborhood. Approval could be conditioned on the approval of the plans by the Historic Preservation Commission or, preferably, on staff approval of the design of the wall upon consultation with the Chair of the Commission. The latter method would likely provide adequate review of the proposal, while being more timely and allowing the project to begin sooner. Unfortunately, I was not aware that this item was on tonight's agenda until earlier today, and I was unable to reach the Chair of the Commission to get his assessment of the project. I do not know what concerns the Commission may have about the construction of a retaining wall in this location. Rick Fosse, City Engineer John Shaw, Chair, Historic Preservation Commission Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. RESOLUTION AND AUTHORIZING EXECUTION OF AN AGREEMENT THE CITY OF IOWA CITY AND GREGORY AND MAUREEN ClLE :OR TEMPORARY USE OF PUBLIC RIGHT-OFT~VAY FOR A PORTION OF H GILBERT STREET IN IOWA CITY, IOWA/./ WHEREAS, Gregory and Cilek are the fee owners of certain r,e'/al estate addressed 404 Brown Street and described ~f,)llows: , / , , Beginning at the southwest ~;o~er of Outlot 17 east 80/r~orth 223 west 48.5 southwesterly along the arc of~ rcle radius approxima/t(~ly 55' to west line of Outlot 17 201.3' to beginning, Oric~ al Town in Iowa City Iowa and WHEREAS, Gregory and Maureen Cilek, wall along the west side of their Attachment A; and as "Owne~;~", propose to construct a retaining ~ddressed//404 Brown Street, as indicated in WHEREAS, said retaining wall will extend a Gilbert Street adjacent to the property; and 15 feet into the right-of-way of North WHEREAS, Owners agree to remove the porti Gilbert Street right-of-way at such time the City any purpose; and retaining wall intruding into the North use of any part of the right-of-way for WHEREAS, Owners have requested the Cit/¢ permit tem use of a portion of the North Gilbert Street right-of-way adjacent to the pfperty; and WHEREAS, the City Engineering Division/has reviewed Owm construction plans, and finds the proposed retaining wall to be a minireal intrusion into the pu ~l~c right-of-way which will not adversely affect the City's interest therein; and WHEREAS, an agreement for tempor/ary use of the North Gilbert &t,reet public right-of-way containing certain conditions has bee~negotiated. NOW THEREFORE, BE IT RESOL/VED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Council finds that Owner's 'l~roposed retaining wall which will extend approximately 15 feet into the North Gilbert Street~ right-of-way constitutes a minimum intrusion, and will not adversely affect the City's interests in said right-of-way, so long as the proposed wall conforms to the conditions set forth in the accompanying agreement. Resolution No. Page 2 2,, The Agreement for Temporary Use of Public Right-of-Way .attached hereto and 'incorporated by reference herein is approved as to form and co~'{ent, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agr~)¢ment for and on behalf of the City of Iowa City, for recordation in the Johnson County I~,¢corder's Office, at Owners' expe'n..s.,,e. / Passed and'ka,~,proved this day of /, 1997. City Attorney's Office It was moved by adopted, and upon roll call ther~ seconded by the Resolution be AYES: lAYS: ABSENT: pweng/res/ngilbert.doc Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND GREGORY AND MAUREEN ClLEK FOR A PORTION OF NORTH GILBERT STREET IN IOWA CITY, IOWA. This Agreement is made between Gregort and Maureen Cilek ("Owners") and the City of Iowa City, Iowa, a municipal corporation ("City")/ . WHEREAS, Gregory and Maureen Cilek a~ the fee owners of certa/i.ri" real estate addressed as 404 Brown Street and described as follows: Beginning at the southwest corner of Outlot 17 eastj3O' .n, orth 223' west 48.5' southwesterly along the arc of circle radius approxim.a/tbly 55 to west line of Outlot 17 201.3' to beginning, Original Towq in I~,wa Cit~.,,Iowa; and WHEREAS, Gregory and Maureen Cilek, hereafter O.w/~rs", propose to construct a retaining wall along the west side of their property addressed 404/13rown Street, as indicated in Exhibit A; and WHEREAS, said retaining wall will extend aoprq~kimately 15 feet into the right-of-way of North Gilbert Street adjacent to the property; and/~. / WHEREAS, Owners agree to remove the p/drt~'on of retaining wall intruding into the North Gilbert Street right-of-way at such time the City/'req ~ires use of any part of the right-of-way for any purpose; and / __ WHEREAS, Owners have requeste)zl the City ~ermit temporary use of a portion of the North Gilbert Street right-of-way adjace~,~/to the prope~y; and , WHEREAS, the City Engine~.~ri ~,9'/Division has revi'~wed Owners construction plans, and finds the proposed retaining wall to b~'a minimal intrusic)~n into the public right-of-way which will not adversely affect the City's ir 'est therein; and ~, NOW, THEREFORE, in consideration of the p~omises herein, Owners and the City of Iowa City agree as follows: In of the conditions herein, the City agrees to permit Owners to extend a portion of a wall into a portion of the North Gilbert Street right-of-way, and that said into the North Gilbert Street right-o~way shall be no more than 15 feet. Owners ree to construct said retaining wall in the h~anner and location set forth in the diagram attached hereto as Exhibit A, and',to comply with the conditions set forth hE agree that in the event the City requires use of any part of the right-of-way for any purp and/or must remove any portion of retaining wall, City is not responsible for the Iion of, replacement, or payment of damages for said retaining wall, and it shall be the Owners' burden to restore the wall at their own expense if they choose. 2 Owners agree that the City may, at its discretion, elect to give notice to Owners to remove the portion of retaining wall which extends into the North Gilbert Street right-of-way, all as provided in 364.12, Code of Iowa (1997); and in the event Owners do not comply within the time period designated in the Notice to Remove, City may elect to remove, or direct removal of the retaining wall and/or any other obstructions from the right-of-way, and to charge the cost of such removal to Owners, which Owners hereby agree to pay. Further, any costs of remov~tl may be assessed against the property in the manner provided in Section 364.12(2)(e)'~ Code of Iowa (1997). Owners, tog City harmless in conn~ tion, maintenance, use, Gilbert Street rig its decision to allow way. Owners may later b~ age is now waived by the have the right to remove th~ heir successors and assigns, agree to indemnify, defend and hold with any liability whatsoever arising in regard to the installa- existence or repair .said retaining wall within the North , including any liability the City may incur as a result of lent of said retaininc the North Gilbert Street right-of- required to carry Ik insurance coverage, but such cover- If any requir insurance is not maintained, the City shall retaining )ursuant to 364.12, Code of Iowa (1997). Owners acknowledge and ag sion to use the North wall; that the City is not empow private purposes; and that the time, if, for any reason, the of the retaining wall is or all obstructions, as p~ property right is conferred by this grant of permis- ht-of-way for placement of a portion of the retaining :1 to grant a permanent use of its street right-of-way for ¢ may order said portion of retaining wall removed at any ~uncil determines that the property on which the portion for a public use and/or should be cleared of any by law. 7. This Easement Agre. shall be Owners~ expense. ;orded in the Johnson County Recorder's Office, at 8. This agreement be binding upon successors in in/terest and assigns of / Dated this / day of CITY OF lOW //~ClTY ig/~mi (_./Nov{ok, Mayor Attest: M/ari'~a n K'~~. Karr,~ity Ore r/~kk Approved by City Attorney's Office shall inure to the benefit of the respective heirs, parties. , 1997. Gregory Oi(ek M~ureb~ Cilek 3 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of 19 before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrume~t was signed and sealed on behalf of the corporation, by authority of its City Council, as conl~ained in (Ordinance) (Resolution) No. passed by the City Council, on the ~ day of , 19 , and that Naomi J. Novick and Marian K. acknowledged the execution of the instrument to be their voluntary act and deed and the 4untary act and deed of the corporation, by it voluntarily executed. OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this l~-~'-& day of Notary Public in and for said County,Vin known to be the identical person named and acknowledged that he executed the Notary Publi/~i~'and for the State of Iowa ACKNOVV, E'EDGMENT , 1997, before me, the undersigned, a State, personally appeared Gregory Cilek, to me who executed the within and foregoing instrument, ~s his voluntary act and deed. Notary in and for said County and State STATE OF IOWA JOHNSON COUNTY On this (¢ -- d. Notary Public in and known to be the ider and acknowledged OWNERS' .EDGMENT of -~W'~ , lk9~97, before me, the undersigned, a said County,~n said State, person~.(ly appeared Maureen Cilek, to me named In and who executed l~e within and foregoing instrument, executed the same as her voluntary act and deed. Notary Public in and for said County and State pwen g/agt/ngilbert.wp5 Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 97-240 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER, SANITARY SEWER AND DRAINAGE EASEMENT AGREEMENT FOR AUDITOR'S PARCEL 96089, ABUTTING LOT 10 IN WILD PRAIRIE ESTATES, PART TWO, IOWA CITY, IOWA WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, Kennedy- Hilgenberg Enterprises submitted a subdivision and development plan for the area known as Wild Prairie Estates, Part Two, Iowa City, Iowa; and WHEREAS, under said plat and plan, certain easements must be acquired for the provision of public infrastructure, which includes easements over Auditor's parcel 96089 abutting Lot 10 in said subdivision; and WHEREAS, City staff has approved the location of the proposed infrastructure, the Storm Sewer, Sanitary Sewer and Drainage Easement Agreement, and the general utility easement grant required for infrastructure in this area; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Storm Sewer, Sanitary Sewer, and Drainage Easement Agreement for Auditor's Parcel 96089, abutting Lot 10 in Wild Prairie Estates, Part II, Iowa City, Iowa. The City Clerk is hereby authorized and directed to certify a copy of this Resolution .and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at the expense of Kennedy-Hilgenberg Enterprises, Inc. Resolution No. 97-240 Page 2 Passed and approved this 15th day of July , 1997. ATTEST: CITY CLERK It was moved by Norton and seconded by adopted, and upon roll call there were: Kubb.y AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef sarah\landuse\kennhilg,res Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 97-241 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREE- MENT FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL PROJECT, BURLINGTON STREET TO NAPOLEON PARK, WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof, and WHEREAS, Federal Transportation Enhancement funds are available through the Surface Transportation Program of ISTEA for trail projects; and WHEREAS, the Iowa River Corridor Trail Plan has been adopted by the City of Iowa City and other public entities in the Iowa City Urbanized Area; and WHEREAS, the JCCOG Urbanized Area Policy Board has taken action to allocate 80% of project costs up to 8715,000 in Surface Transportation Program funds to construct the segment of the Iowa River Corridor Trail between Burlington Street and Napoleon Park. WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. The Mayor is authorized to sign and the City Clerk to attest the agreement for Federal Transportation Enhancement funds between the City of Iowa City and the Iowa Department of Transportation. JCCOG and City of Iowa City staff are authorized to submit any additional documenta- tion required by the Iowa DOT. Passed and approved this 15th CITY CLERK day of ,1997. City Attorney's Office pweng\res\napoleon.doc Resolution No. 97-241 Page 2 It was moved by Kubb.v and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef g00 Lincoln Way Ames, IA 50010 515-239-1345 FA~ 515-239-1966 July 28, 1997 Re: STP-E-3715(9)--SV-52 Iowa City Johnson County Marian K. Karn City Clerk 410 East Washington Street Iowa City, Iowa 52240-1826 Dear Karn: Subject: Agreement Number: 97-EU-13, Iowa River Trail Attached is one copy of the executed Transportation Federal Aid Project Agreement. This agreement should not be construed as authorization for the City to begin any activity on the project. It does not grant funds. The standard provisions as set forth in this agreement must be followed in order to ensure receipt of Federal funding assistance. The project engineer should contact the Iowa Transportation Center Local Systems Engineer regarding project development and design requirements. Please provide a copy of the enclosed letter and approved agreement to the Engineering Division, and Shive-Hattery Engineers. Sincerely, William A. Nelson, P. E. Urban Systems Projects Engineer Office of Local Systems WAN:tlw Enclosure cc: Office of Finance Office of Materials Office of External Audits Iowa Transportation Center, Local Systems Engineer Regional Planning Agency Record Center -96 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRANSPORTATION ENHANCEMENT PROGRAM PROJECT RECIPIENT: Iowa City COUNTY: Johnson PROJECT NO.: STP-E-3715(9)--8V-52 IOWA DOT AGREEMENT NO.: 97-EU- 13 This is an agreement between the city of Iowa City (hereinafter referred to as RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Section 306A.7 and Section 307.12(11), provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with Federal funds. The RECIPIENT proposes a Transportation Enhancement project for funding under Sec. 133 (b) (8) and Sec. 101 (a) of Title 23, United States Code. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) established the Surface Transportation Program (STP). Federal regulations provide that the STP funds are to be administered by the DEPARTMENT. Pursuant to the terms of this agreement, applicable statutes, administrative rules, and programming by the DEPARTMENT and the appropriate Metropolitan Planning Organization/Regional Planning Affiliation, the DEPART1VIENT agrees to provide STP Enhancement funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. All notices required under this agreement shall be made in writing to the DEPARTMENT and the RECIPJENT's contact person. The DEPARTMENT's contact person shall be the Local Systems Engineer of the East Central Iowa Transportation Center. The RECIPIENT's contact person shall be the City Engineer. The RECIPIENT shall be responsible for the development and completion of the following described Transportation Enhancement project: Iowa River Trail from Burlington Street approximately 2.5 miles to Napoleon Park. · Agreement No: 97-EU-13 Page 2 The RECIPIENT shall receive reimbursement of Federal STP Enhancement funds for authorized and approved project costs of eligible items. The portion of the eligible project costs paid by Federal STP Enhancement funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the Johnson County Council of Governments current Transportation Improvement Program (TIP) and in the approved current Statewide Transportation Improvement Program (STIP), whichever is less. This agreement will become null and void if the project described in Section 3 drops out of' the Johnson County Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds. 6. The attached Exhibit 1E will apply and is hereby made a part of this agreement. Agreement No: 97-EU-13 Page 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 97-EU-13 as of the date shown opposite its signature below. RECIPIENT: Iowa City 7By '7~ ~,~ 0 ~2~t~,zt.m~ Title Mayor Date duly 15 ,19 97 ATTEST: (Iowa City) Signed ~'ff,_~ 1~. ~ Title City CIerk Date July 15 ,19 97 IOWA DEPART1VIENT OF TRANSPORTATION Project Development Division ilSdiary R/Jesse, p/ET Urban Systerrf~ Engineer Office of Local Systems Date 1-96 EXHIBIT 1E o Standard Provisions for Federal-Aid Transportation Enhancement Project Agreements Since this project is to be financed in part with local and Federal funds, the RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, subrecipients, and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or handicap/disability. The DEPARTMENT will determine a Disadvantage Business Enterprise (DBE) commitment on all Federal-aid projects. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the DEPARTMENT's Action Plan for project environmental studies including historical/cultural reviews and location/design approval. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). The RECIPIENT shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, State Conservation Commission, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. General Requirements and Covenants (Division 11) of the DEPARTMENT'S standard specifications shall apply to all projects. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer/architect/landscape architect licensed to practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for review and authorization to let the project. If Federal-aid is requested for preliminary and/or construction engineering costs, the RECIPIENT will select a consultant(s) in accordance with the DEPARTMENT's consultant selection process. Construction engineering costs will be limited to a maximum of 15% of construction costs. The RECIPIENT and Consultant shall prepare the consultant contract for preliminary engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). EXI-IIBIT 1E -2- After the contents of the consultant contract have been mutually approved, the RECIPIENT shall execute the contract and forward the same to the DEPARTMENT for authorization. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENT's Right of Way manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures. The RECIPIENT will need to get environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get environmental clearance and Federal Highway Administration's (FHWA) authorization before purchasing any needed right-of-way. 10. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Chapter 306A, Code of Iowa. 11. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for streets and Highways" per 761 Iowa Administrative Code(IAC)Chapter 130. 12. The RECIPIENT shall forward a Federal-aid Project Development Certification and final PS&E to the DEPARTMENT. The RECIPIENT shall comply with the public hearing requirements of the Iowa Code section 384.102. 13. The project will be let by the DEPARTMENT in accordance with its normal letting procedures. After bids are received and opened, the DEPARTMENT will furnish the RECIPIENT with a tabulation of all bids received. 14. The DEPARTMENT will review the bid tabulations and proposals, and will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DEPARTMENT will mail the unexecuted contract to the approved low bidder. 15. Upon concurrence to award the contract, the DEPARTMENT will notify the RECIPIENT. The RECIPIENT shall then enter into a contract with the contractor. The RECIPIENT shall forward to the DEPARTMENT two (2) signed copies of the contract and one copy each of performance bond and certificate of insurance. 16. The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for Federal Highway Administration (FHWA) approval and obligation of Federal-aid funds. EXHIBIT 1E -3- 17. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 18. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. 19. Upon completion of the project described in this agreement, a professional engineer/architect/landscape architect licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT, that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. 20. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make such material available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPART1VIENT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the RECIPIENT if requested. 21. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. 22. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement (for 20 years on the Statewide Enhancement Projects) in a manner acceptable to the DEPARTMENT and the FHWA. 23. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): The RECIPIENT stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The RECIPIENT agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. EXHIBIT 1E -4- 24. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 25. It is the intent of both parties that no third party beneficiaries be created by this agreement. 26. If the RECIPIENT elects to levy special assessments as a means of raising the local share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code, Chapter 384. The RECIPIENT agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the RECIPIENT) from special assessments levied for this project exceed the local share of the total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. The RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment, and notify the DEPARTMENT when all special assessments have been satisfied. The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. 27. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 28. This agreement, as set forth in items 1 through 6 and Exhibit 1E paragraphs 1 through 28 herein, constitutes the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. Prepared by: Jeff McClure, City Engineer, z~10 E. Washington St., Iowa City, IA 52240 (319) 3§6-5138 RESOLUTION NO. 97-242 RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL - BURLINGTON STREET TO NAPOLEON PARK PROJECT. WHEREAS, the City of Iowa City has undertaken a project to construct the Iowa River Corridor Trail - Burlington Street to Napoleon Park Project ("Project"); and WHEREAS, the Project includes acquisition of permanent trail and temporary construction easements, together with installation of a ten foot (10') wide asphalt and concrete trail in order to provide a 2.6-mile segment of the Iowa City, Coralville, and North Liberty trail system; and WHEREAS, the City Council has been advised and has determined that the acquisition of permanent and temporary construction easements is necessary for construction of the Project; and WHEREAS, the City staff is determining the location of the necessary permanent trail and temporary construction easements; and WHEREAS, the City staff should be authorized to acquire said permanent and temporary construction easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to acquire permanent trail and temporary construction ease- ments for the construction of the Iowa River Corridor Trail - Burlington Street to Napoleon Park Project, and acquisition of said permanent trail and temporary con- struction easements constitutes a valid public purpose. City staff is hereby authorized and directed to negotiate the purchase of permanent trail and temporary construction easements for the construction of the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute Permanent Trail and Temporary Construction Easement Agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 97-242 Page 2 4. In the event permanent trail and temporary constructlob easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such permanent and temporary construction easements. Passed and approved this 15th day of July , 1 997. ATTEST: Ci 'T~CLERK ;~'-AZ~ City Attorney's Office It was 'moved by Kubb.y and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be pweng\res\na popark.d oc Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144. RESOLUTION NO. 97-243 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WYLDE GREEN SANITARY SEWER PROJECT. WHEREAS, Maxwell Construction of Iowa City, Iowa, has submitted the lowest responsible bid of $477,785 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to Maxwell Construction, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 15th day of July ,19 97 Ap ov d by City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\res\wyldgrn.wp5 ADVERTISEMENT FOR BIDS WYLDE GREEN SANITARY SEWER REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 1st day of July, 1997, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 15th day of July, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: Removal of approximately 2,265 feet of existing 8" sanitary sewer and replacement with 10", 12" and 15" sanitary sewers; installation of approximately 630 feet of 6" secondary storm sewer and associated street, driveway and sidewalk removal and replacement. All work is to be done in strict compliance with the plans and specifications prepared by McClure Engineering Company of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun- AF-1 dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of five (5) years from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 45 Late Start Date: August 25, 1997 Specified Completion Date: October 31, 1997 Liquidated Damages: $600.00 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of McClure Engineering Company, 705 First Avenue North, Fort Dodge, Iowa. Phone: 515/576-7155, by bona fide bidders. A $50.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to McClure Engineering Company. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to 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 quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available at the City, and can be obtained from the Civil Rights Specialist at the Iowa City Civic Center by calling 319/356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1991), applies to the contract with respect to bidders who are not Iowa residents. AF-2 The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK pweng\wylde.afb af-3 Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 319-356-5139 RESOLUTION NO. 97-244 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR 'TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER PROJECT. WHEREAS, Barbarossa and Sons, Inc. of Osseo, Minnesota has submitted the lowest responsible bid of ~ 1,988,741.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Barbarossa and Sons, Inc., subject to the condition that awardee secure adequate performance 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 bond, insurance certificates, and contract compliance program statements. Passed and approved this 15th day of July , 1997. ATTEST: /~~ ~ /~~ CITY-CLERK 4,/_,~rove d by City Attorney's Office It was moved by Thornbe~'r~v and seconded by Lehman adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\res\scotboul.wp5 ADVERTISEMENT FOR BIDS WASTEWATER COLLECTION FACILITIES SCOTT BOULEVARD TRUNK SEWER Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10.30 A.M. on the 8th day of July, 1997, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 15 th day of July, 1997, or at such later time and place as may then be sched- uled. The Project will involve the following; The installation of approximately 7,000 lineal feet of 66-inch diameter RCP sanitary sewer pipe, 2,000 lineal feet of 48-inch diameter RCP sanitary sewer pipe, 3,000 lineal feet of 30-inch diameter RCP sanitary sewer pipe, 250 lineal feet of 24-inch diameter RCP sanitary sewer pipe, 2,000 lineal feet of 18-inch diameter RCP sanitary sewer pipe, with creek crossings, railroad and highway cross- ings and abandonment of two sewage lift stations and other incidental construction work. All work is to be done in strict compliance with the plans and specifications prepared by MMS CONSULTANTS, INC., of Iowa City, Iowa, which have heretofore been approved by the City Coun- cil, 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 con- taining the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and AF-1 ~ tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also pro- tect and save harmless the City from all claims and damages of any kind caused directly or indi- rectly by the operation of the contract, and shall also guarantee the maintenance of the improve- ment for a period of two (2) years from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Schedule: Work shall be started no later than August 15, 1997. Sewer construction work shall be substantially complete and providing beneficial use by April 1, 1998 with completion of the entire contract by June 1, 1998. Liquidated Damages for failure to achieve sub- stantial completion: $1,000 per calendar 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 by bona fide bidders from the office of MMS Consul- tants, 1917 S. Gilbert Street, Iowa City, Iowa, 52240. A $ 30.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to MMS Consultants. 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 pro- posed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable. 9ood faith efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Iowa Department of Economic Development at 5151242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required AF-2 ,, 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 AF-3 ~ RESOLUTION NO. 97-245 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENTS PROJECT. WHEREAS, McAninch Corp. of Des Moines, Iowa has submitted the lowest responsible bid of 8437,922.80 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to McAninch Corp., subject to the condition that awardee secure adequate performance 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 bond, insurance certificates, and contract compliance program statements. Passed and approved this 15th day of ~lul.y , 1 997. /l~proved by City Attorney's Office MAYOR It was moved by Lehman and seconded by Vanden'hoer adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\res\niariv.wp5 ~O WlLLIAN b NEARDON WILLIAM F. SUEPPEL ROBERT N. DOWNER dAMES P. HAYES ,JANES D. McCARRAGHER NARKT. HAMER THOMAS D. HOBART MARGARETT. LAINSON DOUGLAS D. RUPPERT PAUL d. McANDREW, `JR. TIMOTHYU. KRUMM WILLIAM ~1. SUEPPEL CHARLES A. NEARDON STEVEN A. MICHALEK DAWN BARKER ANDERSON City Council City of Iowa City, Iowa Civic Center 410 East Washington Street Iowa City, Iowa 52240 MEARDON, SUEPPEL, DOWNER & HAYES LAWYERS 122 SOUTH LINN STREET IOWA CITY, IOWA 52~2'40 ~ 1830 July 15,1997 P.L.C. TELEPHONE: (3 I 9) 338-9222 FAX; (3 I 9) 338-7250 HAND DELIVERE'~) Dear Council Members: As you know, we represent Mrs. MacDonald, whose pristine and environmentally sensitive property was the subject of condemnation for the installation of a sewer line. Last week a representative of the Corps of Engineers inspected this property and is to file a report of his findings within the next few days. Accordingly, my client requests that bids for this work be deferred until the Council receives the report. WLM:seh ADVERTISEMENT FOR BIDS NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENTS Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 9th day of July, 1997, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City 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. on July 15, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: 21", 12", 24" and 27" sanitary sewer, 36" casing bore and jacked, manholes, ditch grading, and pavement removal and replacement. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 325 E. Washington Street, Suite 101, Iowa City, IA 52240-3959, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejec- tion is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved by the City Council, and shall guarantee AF-1 the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of two (2) years from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Notice to Proceed Date: July 24, 1997 Working Days: 200 Completion Date: May 15, 1998 Liquidated Damages: $400.00 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Howard R. Green Company, Consulting Engineers, 325 E. Wash- ington Street, Suite 101, Iowa City, IA 52240- 3959 by bona fide bidders. A $100.00 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Howard R. Green Company. A refund of $50.00 per set will be given upon return of said plans and specifications in good and usable condition within 10 days after the receiving of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contrac- tors 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 quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documenta- tion of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Iowa Department of Economic Development at 515/242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Recipro- cal Preference Act, Section 23.21, Code of Iowa (1991), applies to the contract with respect to bidders who are not Iowa residents. AF-2 The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities, Published upon order of the City Council of Iowa City, Iowa. MARIAN K, KARR, CITY CLERK pweng\sewer97,afb AF-3 Prepared by: James Brachtel, Sr. Eng., 410 E. Washington St., Iowa City, IA 319-356-§149 RESOLUTION NO. 97-246 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, Yordi Excavating of North Liberty, Iowa has submitted the lowest responsible bid of ~171,850.93 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Yordi Excavating, subject to the condition that awardee secure adequate performance 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 bond, insurance certificates, and contract compliance program statements. Passed and approved this 15th day of July , 1997. ATTEST: CiT~ A pLl~oved by/,-~ City Attorney's Office It was moved by Kubb,v and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\res\sthgstev.wp5 ADVERTISEMENT FOR BIDS SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT THE CITY OF IOWA CITY, IOWA Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 10 th day of July, 1997, and shall be received in the City Clerk's office no later than'said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the CiD' Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 15 Th day of July, 1997, or at such later time and place as may then be scheduled. The Project will involve the installation of approxi- mately 600 lineal feet of 48 inch diameter RCP storm sewer pipe, 485 feet of 36 inch diameter RCP storm sewer pipe and other incidental work. All work is to be done in strict compliance with the plans and specifications prepared by MMS Consul- rants, of Iov;a City, Iowa, which have heretofore been approved by the City Council, ,and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form fur- nished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and sh,"dl be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the im- AF-1 provement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 45 Late Start Date: August 4, 1997 Liquidated Damages: $ 475.00 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 MMS Consultants, Inc., 1917 S Gilbert Street, Iowa City, Iowa, by bona fide bidders. A $ 20.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to MMS Consultants. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Iowa Department of Economic Development by calling 515-242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domes- tic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 ,. RESOLUTION NO. 97-247 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS PROJECT. WHEREAS, Midwest Construction and Crane Service, Inc. of Anamosa, Iowa has submitted the lowest responsible bid of $144,317.50 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Midwest Construction and Crane Service, Inc., subject to the condition that awardee secure adequate performance 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 bond, insurance certificates, and contract compliance program statements. Passed and approved this 15th day of July , 1997. ATTEST: App_rove¢~ by .,/? City ~ttorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\res\sheridan,wp5 ADVERTISEMENT FOR BIDS THE SHERIDAN AVENUE SEWER BYPASS PROJECT Sealed proposals will be received by the City Clerk ofthe City of Iowa City, Iowa, until 10:30 A.M. on the 1 lth day of July 1997, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon bythe City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 15th day of July 1997, or at such later time and place as may then be scheduled. The Project will involve the following: Construction of approximately 700 L.F. of 15- inch and 10-inch sanitary sewer, watercourse crossing, and restoration. All work is to be done in strict compliance with the plans and specificalJons prepared by Shive-Hattery, Inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one contain- ing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the 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 fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract pdce, 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) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Pro- ject: Working Days: 30 Specified Start Date: August 4, 1997 Liquidated Damages: $300 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 Shive-Hattery, Inc., 2834 Northgate Ddve, Iowa City, Iowa, by bona fide bidders. A $30 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Shive-Hattery, Inc. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices 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 listing of minority contractors can be obtained from the Iowa Department of Economic Develop- ment at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal 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: Ron O'Neil, Airport Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5045 ' RESOLUTION NO. 97-248 RESOLUTION AUTHORIZING CONSTRUCTION OF ADDITIONAL HANGAR SPACE AT THE IOWA CITY MUNICIPAL AIRPORT. WHEREAS, it is the intent of the Iowa City Airport Commission to accommodate the aviation users and aircraft owners at the Iowa City Municipal Airport; and WHEREAS, there have been an increasing number of requests from aircraft owners to provide additional hangar space at the Airport; and WHEREAS, additional hangar space would be a capital asset to the Airport by increasing revenue for the Airport Commission and increasing the number of based aircraft at the Iowa City Municipal Airport; and WHEREAS, ten tenants have signed agreements to rent hangars; and WHEREAS, the project would be financed through a departmental loan to be repaid through hangar revenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Airport Commission is hereby authorized to proceed with construction of a ten unit aircraft hangar building at the Iowa City Municipal Airport. Passed and approved this 15th ATTEST: ~~ ,~. ~ ClT~CLERK day of July MAYOR , 1 997. City Attorney's Office It was moved by Thornberr,v and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: X Baker X Thornberry X Kubby X Lehman X Novick X Norton X Vanderhoef airport\res\hangar,doc DEFEATED Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5031 RESOLUTION NO. RESOLUTION FINDING IT NECESSARY TO INSTITUTE EMERGENCY PROCEEDINGS FOR REPLACEMENT OF THE LIBRARY ROOF AND AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR REPLACEMENT OF THE LIBRARY ROOF WHEREAS, a recent hail storm caused significant damage to the library roof; and WHEREAS, Darrell L. Smith, a competent registered professional engineer not in the employ of the City of Iowa City has certified that emergency repairs of the library roof are necessary and should be made immediately; and WHEREAS, state law provides that public bid-letting procedures may be avoided if the delay of advertising and a public letting might cause serious loss or injury to the city; and WHEREAS, the damage caused by the hail storm could result in serious loss or injury to the library and its patrons if the roof is not repaired or replaced immediately; and WHEREAS, the City had previously planned to replace the library roof later this year because of its condition; and WHEREAS, it would cost approximately $40,000 to complete temporary emergency repairs of the library roof, which would still have to be replaced at a later date; and WHEREAS, the City staff has informally solicited bids for replacement of the library roof; and WHEREAS, T & K Roofing of Ely, Iowa has submitted a bid of 8212,729.00 to replace the roof and the City Engineer finds the bid to be responsible and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council hereby finds it necessary to institute emergency proceedings pursuant to Section 384.103(2), Code of Iowa (1997) to have the library roof replaced. The certification of an engineer not in the employ of the City of Iowa City is attached hereto and incorporated by reference. The Mayor is hereby authorized to sign and the City Clerk to attest a contract for the replacement of the library roof with T & K Roofing of Ely, Iowa, subject to the condition that T & K Roofing secure adequate performance bond, insurance certificates, and contract compliance program statements. DEFEATED Resolution No. Page 2 Passed and approved this day of , 1997. ATTEST: CITY CLERK MAYOR City Attorney's Office It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef JUN--25--9]' WE]) 01 :o? P~I VAil WINKLE--.J.R.C.O.._.B 945? P.02 Van Winkle-Jacob Engineering~ Inc. 2570 Holiday Read Coralville, IOwa ~2241 319-336-4989 June 25, 1997 City of Iowa City ATTN: .tim $choenfelder Civic Center Iowa City, IA 52240 RE: Library Roof Dear Jim; Per your request I performed a visual review of the upper and lower library roof levels today. The purpose of the review was to provide our professional opinion of the damage to the roof from the hail stoma that occurred in the local area recently. There were numerous patches observed on the flashings of the slngle-ply membrane on both levels. There also were occurrences of punctures that had not been patched. Punctures on the membrane itself were observed in spots where the gravel ballast did not . completely cover the naembratae sheet. This molls susceptible to puncture damage due to the conditioxa of the roof. This roof is a gravel ballasted PVC un-reix~forced single-ply roof that was installed in the 1980's. The data base for roof~ conap[led by the National Roofing Contractor's Association (NRCA) notes that shrinkage of the membrane sheet and embrittlement of the sheet is commonly reported occurrence on such roofs. These two actiota lead to the perimeter flashing to pull away from the wall edge, stretching the material. The NRCA data base report notes that of the problem PVC roofs reviewed, 67% of them were rated as severe. The phe~omer~a called shattering of these type of roofs also is a problem. Shattering is when the membrane actually breaks into pieces, losing all of its watertight integrity. Shattering of PVC membranes share the following factors: Lack of reinforconaent Ballasted systenas Substantial age (8.5 years average) · Cold weather occurrence It should be noted that the library roof shares all of these factors. P.02 These factors have prompted NRCA awd Factory Mutual (FM) to issue guidelines for foot traffic on such roofs. Attached with this letter is th~ first page of the Tectmical Advisory Bulletin by FM for PVC roofs. Note the bold portion regarding the risk improvement priority recommended for roofs in cold climates. The number of patches arid punctures observed makes the prioriBr for repair of this roof very high and money should be immediately spent to perform these repairs at a minimum. Replacement/rcconstmction of this roof should be considered a high priority with the City. I understand that in order for emergency funds to be utilized for this roof, that I need to provide ~ertifi~ation that the roof is in need of repairs immediately. I therefore hereby certify that emergency repairs are required for the library roof. If you have any questions or comments, please contact me. Sincerely; Darrell L. Smith, P.E., RRC Van Winkle-Jacob Engineering, Inc. JUN--25--9T WED 09:48 AM VAN WINKLE--JACOB .oss Prevention Data Techn ?a! Advisory _Bulletin File With; 1-29 April 1995 Supersedes June 1992 Page I of 4 PVC ROOF COVERINGS 1.0 SCOPE This document gives guidelines regarding the use of PVC (polyvinyl chloride) roof coverings. These supplemental guide. lines are in addition to those dealing with root cover systems in general, such as Data Sheet 1-47, Roof Covers. 2,0 RECOMMENDATIONS 2.1 If bellasled PVC membranes are to be used for new roofs or re-roofing, use only FMRC-Approved, reinforced membranes. Proper roof slope (min. ]/4 in,/fi, 2.1 cm/m) and drainage (see Data Sheet 1-54, Roof Loads for New Construction) are also critical in all cases, In all cases, the ballast should comply wilh Technical Adv~sonj Bulletin 1-29, Loose-Laid Ballasted Roof Coverings. 2,2 All unrelnforced PVC roof membranes (whether ballasted or unballasted) that exhibit the warning signs noted below should be replaced with an FMRC-Approved roof cover system. Warning signs of potential for shattering; 1. Prior to shattering, the membrane may appear stretched at penetrations, walkway pads and flashings (Figure 1). This is a result of membrane shrinkage. 2. The membrane may be embrittled. That is, it may have lost some flexibility. 3. The membrane may have developed small holes or slits. Ir confirmation of membrane condition is needed. an independent roofing consultant, familiar with the phenomenon, should be engaged to survey the areas in question and to have necessary laboratory tests conducted, The consultant should com- ment on any loss of thickness. strength and elasticity in the PVC roof membrane, and should a~so prioritize areas needing replacement. FMRC Standards Division can assist in the interpretat[on of the test results. The test results are compared to the origin,~l specifications of the installed material. For all unr~Jntoroed PVC covers that are 5 years Of age or older, including those not exhibiting warning signs, replace- ment can be done, or at a minimum, a consultant can be engaged as noted to 0etatrains the roof condition, Any replacement schedule should consider the occupancy's susceptibility to water damage. If practical. schedule inspec- tion and replacement tor periods of warm, clear weather, when the membrane temperature is BO°F (15.6oc) or higher. In addition to unreinforred PVC roof covers (ballasted and non~balfasted) in COld clin3ates, risk Improvement priority should be ~11ven to unbellasted, unreinforced PVC roof covers located within the "hail belt" as defined by FME&R Data Sheet 1.47S. 1, Hall Damage, The "hail belt" represents areas where the occurrence of hail is probable and of concern. Such impact on a deteriorated root cover could cause damage to the cover. At locations outside the U.S., those areas with an aver- age of G or more hail S!Orms per year are considered equivalent to the "hall belt," ~,3 Any neoessaqf foot traffic on older unreinforced PVC membranes (more than five years old) should OcCur only when the membrane is at least 60OF I15.6°C). Alternative paths or walkways to roof mounted equipment, etc. should be provided where it is not practical to criminate foot traffic. ;3.0 SUPPORT FOR RECOMMENDATIONS 3.1 Loss Experlanes Lo~s values that follow are gross amounts indexed to 1994 values, During the period of 1987 to 1993 ~here were ;21 losses to Pvc roof covers involving the shattering/cracking phenomenon.' These losses ranged from $57.000 to $1.05 mirlion, with an average value of $314,000. In most cases, the entire roof area or at least a large percentage ot it was damaged. The average damage area was 76,000 fta (7814 m2), All reported losses occurred between November and March. Three/osse.~ involved mechanically attached membranes, eighteen involved ~1995 Factory' Mutt~Ot Engineering Corp. All rights reservecl. No pa~ of this ~1ocument may be reproduced. aiDred in a retrieval ~yetem, or tranSmilletS, In whole or ~n part. in any/orm of by any me(ms, electronic. mechaniCal, photocopying, recording. or otherwise. without Wrltten !;,efmi~s DR Of F~C~Dty Mutual Engineering Cor~. Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 97-249 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1998 FOR THE CITY CLERK AND CITY MANAGER. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salaries are hereby established for the following persons effective July 1, 1997: City Manager - $112,486.40 City Clerk - $52,284.54 Passed and approved this :].5th day of Jul.y , 1997. ATTEST:ciT~CLERK ~' ~ It was moved by Nor'ton adopted, and upon roll call there were: AYES: NAYS: clerk\salaries.res %l~,roved by City Attorney's Office and seconded by Vande~'hoe¢ the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef