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HomeMy WebLinkAbout1997-08-26 ResolutionPrepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 97-271 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: The Sanctuary Restaurant & Pub - 405 S. Gilbert St. Passed and approved this 26th day of August , 1997. CITY CLERK It was moved by Lehman and seconded by be adopted, and upon roll call there were: AYES: NAYS: MAYOR ¢,~m'~£(~, ~'~, Approve~/~ City Attorney's Office Vanderhoef the Resolution ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef clerk\cigperm.res RESOLUTION NO. 97-272 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: The Breakroom - 1578 1st Ave. The Highlander Inn - 2525 N. Dodge St. It was moved by Lehman and seconded by as read be adopted, and upon roll callthere were: Vanderhoef that the Resolution AYES: NAYS: ABSENT: X X X X X X, X Passed and approved this 26TH day of August Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ,19 97 CITY CLERK r~by . City Attorney's Office a\danceprm.res Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5052 RESOLUTION NO. 97-273 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY98 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:00 p.m., September 9, 1997, to permit any citizen to be heard for or against the proposed amendment to the FY98 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 26th day of Auqust , 1997. CITY CLERK MAYOR Approved by City Attorney's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: X ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef finadm\res\operbdg.doc the Resolution be City of iowa City EMORANDUM Date: To: From: Re: August 22, 1997 City Council Donald J. Yucuis, Finance Director 9 Amending the Fiscal Year 1998 Budget A resolution is included on the August 26, 1997 City Council agenda that will set a public hearing for September 9, 1997 to amend the Fiscal Year (FY) 1998 Budget. Traditionally we have formally amended the current fiscal year budget in May of each year. I am recommending a change that will formally amend the budget twice in each fiscal year. This will accomplish two objectives: 1) the City Council will know what budget authority is being requested to be carried over from the prior FY to the current FY and 2) this will ensure that the City complies with the State of Iowa Department of Management's rules and regulations as they pertain to formal budget expenditure authority. So in the future you will be seeing two formal public hearings to amend the current budget. jw/mem/dy-budgt.doc Prepared by: Jim Brachtel, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 97-274 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE BURLINGTON STREET/GOVERNOR STREET SIGNALIZATION 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 9th day of September, 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 inspection. Passed and approved this 26th day of August ,1997. ATTEST: CI~ERK pwenCres~burgovsi.doc MAYOR A~l¢,,¢~l/Loved by ....... City Attorney's Office z,/. Resolution No. 97-274 Page 2 It was moved by I ~hme, n and seconded by adopted, and upon roll call there were: Vanden-hoe1~ the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDU Date: August 21, 1997 To: City Council From: Jeff Davidson, Asst. Director, Department of Planning & Community Development Re: Installation of a traffic signal at the intersection of Burlington Street and Governor Street For the past couple of years we have been pursuing installation of a traffic signal at the intersection of Burlington Street and Governor Street. The existing traffic control at this intersection is somewhat confusing, and has been perceived as contributing to traffic volume on Summit Street because of the difficulty in pulling into the intersection from a northbound direction. Because Burlington Street is also State Highway 1 through this intersection, we have needed to work with the Iowa Department of Transportation in order to gain permission to install the traffic signal. This permission has been granted, and on the consent calendar at your August 26 meeting is an item setting a public hearing to approve plans and specs for the signalization project. There are residents of the Longfellow Neighborhood Association who have advocated removal of the traffic signal at the intersection of Burlington Street and Summit Street in conjunction with installing a traffic signal at the Burlington/Governor intersection. It is believed by these individuals that this would help reduce traffic volume on Summit Street. There are others in the Longfellow Neighborhood Association who are equally opposed to removal of the traffic signal at the Burlington/Summit intersection. The JCCOG Transportation Planning Division used their arterial street traffic analysis model to estimate the impact of removal of the Burlington/Summit traffic signal if one was installed at the Burlington/Governor intersection. The analysis showed a significant reduction in traffic on Summit Street only between Burlington Street and Court Street. The remainder of Summit Street between Court Street and Kirkwood Avenue had either a very slight increase or very slight decrease in traffic volume with removal of the Burlington/Summit traffic signal. At the present time there are no plans to remove the Burlington/Summit traffic signal. Staff is of the opinion that the Burlington/Summit traffic signal is necessary to insure safe turning movements from Summit Street onto Burlington Street. Let me know if you have any questions. cc: Steve Atkins Rick Fosse Jim Brachtel Marcia Klingaman Doug Ripley Im \memos\jd8-21 .doc Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., iowa' City, IA 52240 (319) 356-5144 RESOLUTION NO. 97-275 A RESOLUTION SETTING A PUBIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SANITARY LANDFILL FY98 CELL CONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT. RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 9th day of September, 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 inspection. Passed and approved this 26th dayof Auqust ,1997. CITY ~'LERK A roved by City Attorney's Office pweng\res\landcell.doc Resolution No. 97-275 Page It was moved by Lehman and seconded by Vanden'hoer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 97-276 RESOLUTION OF INTENT TO CONVEY VACATED PORTIONS OF ST. JOHN'S ALLEY AND ST. MATTHIAS STREET RIGHT-OF-WAY LOCATED NORTH OF DODGE STREET AND IMMEDIATELY ADJACENT TO ROBERT'S HOMETOWN DAIRY AND HY-VEE TO ROBERT'S HOMETOWN DAIRY AND CONSOLIDATED PROPERTIES, INC., AND SETTING A PUBLIC HEARING FOR SEPTEMBER 9, 1997 WHEREAS, On July 15, 1997, the City Council considered and passed an ordinance vacating portions of St. John's Alley and St. Matthias Street located north of Dodge Street; and WHEREAS, Robert's Hometown Dairy and Consolidated Properties, Inc., (Hy-Vee), either own property surrounding or adjacent to the vacated areas; and WHEREAS, Appraisals have been performed on all of the vacated portions of right-of-way; and portions; WHEREAS, Consistent with the appraised values, Robert's Dairy has offered to acquire the St. John's Alley right-of-way for $16,925 and a portion of the vacated St. Matthias right-of- way for $12,9434 and WHEREAS, Consolidated properties has offered to purchase a portion of the vacated St. Matthias Street right-of-way for the appraised value of $3,407; and WHEREAS, Along with these transactions, the City is purchasing from Robert's Dairy such right-of-way along Dodge Street as necessary to accommodate future expansion of Dodge Street; and WHEREAS, the City does not need the vacated portions of the right-of-way to provide access to property in the area. NOW, THEREFORE, BE IT HEREBY RESOLVED BYTHE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey its interest in the vacated portions of St. John's Alley and St. Matthias Street located north of Dodge Street and adjacent to Robert's Hometown Dairy and Hy-Vee to Robert's Hometown Dairy and Consolidated Properties, Inc., (Hy-Vee) for the sums of $29,868.00 and $3,407, respectively. 000112 Resolution No. 97-276 ., Page 2 2. A public hearing on said proposal should be and is hereby set for September 9, 1997, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 26th day of Auoust ,1997. MAYOR { C/ ~ Approved by ,/') ,/ ~ ClT~'-CLERK 000113 Resolution No. QT-~)7R Page It was moved by Lehman and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman T Norton × Novick ~( Thornberr¥ X __ Vanderhoef 0005 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 97-277 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A MORTGAGE SECURING A DOWNPAYMENT ASSISTANCE LOAN FOR THE PROPERTY LOCATED AT 812 BENTON DRIVE #12, IOWA CITY, IOWA WHEREAS, on July 7, 1994 the property owner of 812 Benton Drive #12, executed a Mortgage and a Promissory Note in the amount of $3,000.00 through the City's Downpayment Assistance Program, and WHEREAS, these documents created a lien against the property; and WHEREAS, the loan was paid off on August 1, 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: 1. 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 812 Benton Drive #12, Iowa City, Iowa from the Mortgage and the Promissory Note recorded on July 12, 1994 in Book 1779, Page 249 through Page 253 of the Johnson County Recorder's Office. Passed and approved this 26th day of Auqust ,1997. MAYOR ( ~ ( A~'oved ~ CI~.LERK . City Attorney's Office ppdrehab\res\812bento.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property legally described as follows: Unit 81 2-1 2 Benton Manor I Condominiums, according to the Declaration thereof recorded in Book 624, Page 240, Miscellaneous Records of Johnson County, Iowa, from an obligation of the property owner, Rodney R. Burnett, to the City of Iowa City in the principal amount of 83,000 represented by a Mortgage and a Promissory Note recorded on July 12, 1994, in Book 1779, Page 249 through Page 253 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. CITY-CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~,~L day of '~_c-~5-r- , A.D. 19 9~ , before me, the undersigned, 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. ~?-~77, adopted by the City Council on the ~,_~Z- day ~ A~-~--~ , 19 97 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\812berel.do¢ 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. 97-278 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A HOUSING REHABILITATION LIEN FOR THE PROPERTY LOCATED AT '1'115 PINE STREET, IOWA CITY, IOWA WHEREAS, on November 27, 1989 the property owners of 1115 Pine Street executed a Promissory Note, a Statement of Life Lien, a 10-year, no-interest Declining Balance Note and Financing Statements (UCC-2 and UCC-4) for loans in the total amount of $13,800.00 through the City's Housing Rehabilitation Program, and WHEREAS, these documents created a lien against the property; and WHEREAS, the balance of $9,250.00 was paid off on July 23, 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 1115 Pine Street, Iowa City, Iowa from the Promissory Note recorded on December 6, 1989 in Book 1095, Page 134, and the Statement of Life Lien recorded December 20, 1990 in Book 1193, Page 6; and the 10-year, no-interest Declining Balance Note recorded December 6, 1989 in Book 1095, Page 135 through Page 137, and the UCC-2 Financing Statement recorded March 7, 1990 in Book 1108, Page 224, and the UCC-4 Financing Statement recorded March 2, 1995 in Book 1873 Page 33 of the Johnson County Recorder's Office. The Community Development Coordinator is authorized to sign and file with the Secretary of State of the State of Iowa any termination statements or other documents needed to terminate said Financing Statements. Passed and approved this 26th day of August ,1997. ATTEST: ' ~//~~ .~) CITY'CLERK MAYOR City Attorney's Office ppdrehab\res\ll15pine.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 522z~0 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1115 Pine Street, Iowa City, Iowa, and legally described as follows: Lot 3 and the north 2 feet of Lot 2 in Lafferty Subdivision of Part of the NE¼ of the SW¼ of Section 14, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded in Plat Book 5, page 40, Plat Records of Johnson County, Iowa subject to easements and restrictions of record, from an obligation of the property owners, Elizabeth D. and David A Boal, to the City of Iowa City in the principal amount of 813,800.00 represented by the Promissory Note recorded on December 6, 1989 in Book 1095, Page 134, and the Statement of Life Lien recorded December 20, 1990 in Book 1193, Page 6, and the l O-year, no-interest Declining Balance Note recorded December 6, 1989 in Book 1095, Page 135 through Page 137, and the UCC-2 Financing Statement recorded March 7, 1990 in Book 1108, Page 224, and the UCC-4 Financing Statement recorded March 2, 1995 in Book 1873 Page 33 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. MAYLOR ~,' A~oved by 0-'Az_ City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~g-//t.- day of -~o~-~-t~ , A.D. 19 ~7 , before me, the undersigned, 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 C!ty Council, as contained in Resolution No. ~?~-.27~, adopted by the City Council on the ~r~~---~- day ~c.~..~,-- , 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\1115prel.doc Notary P'abhc in and. for Johnson County, Iowa Resolution No. 97-278 Page 3 It was moved by Lehman and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Denny Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. 97-279 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, STORM SEWER AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE ~ PART 8, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Windsor Ridge - Part 8, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Windsor Ridge - Part 8, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 26th day of August , 1997. ATTEST: ,,,~....,,~-~_...~ ;~. CITY CLERK Approved by City Attorney's Office pweng\windsor8,wp5 Resolution No. 97-279 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY August 26, 1997 Honorable Mayor and City Council RE: Windsor Ridge - Part Eight Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, water main, storm sewer, and paving improvements for Windsor Ridge - Part Eight 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 and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240-1526 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Rob Winstead, Senior Engineer, 410 E, Washington St,, Iowa City, IA 52240; 319-356-5141 RESOLUTION NO. 97-280 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE FIRST AVENUE RECONSTRUCTION PROJECT, STP-U-3715(8)--70-52. WHEREAS, the Engineering Division has recommended that the work for construction of the First Avenue Reconstruction Project, STP-U-3715(8)--70-52, as included in a contract between the City of iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated June 18, 1996 be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this 26th day of August , 1 997. It was moved by Lehman adopted, and upon roll call there were: MAYOR pweng\res\l stave.doc Approve~ by~ CitrOn ey' ~.~r~ice ~/_~ and seconded by Vander'hoer the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 FVA CITY August 26, 1997 Honorable Mayor and City Council Iowa City, Iowa RE: First Avenue Reconstruction Project, STP-U-3715(8)--70-52 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the First Avenue Reconstruction Project, STP-U-3715(8)-70-52 has been completed in substantial accordance with the plans and specifications prepared by Howard R. Green Company. The final contract price is $613,442.74. I recommend that the above-referenced improvements be accepted by the City of Iowa City. ~__~S.iq.cerely, Dennis S. Gannon,'-'- P.E. Acting City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240- 826 · (319 356-5000 · FAX (319) 356-5009 Prepared by: Rob Winstead, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 97-281 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR HUNTER'S RUN SUBDIVISION, PART VIII, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Hunter's Run Subdivision, Part VIII, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Hunter's Run Subdivision, Part VIII, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 26th day of Auqust , 1997. pweng\res\hunter;doc Approved by _ ~ Resolution No, 97-281 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY August26,1997 Honorable Mayor and City Council Iowa City, Iowa RE: Hunter's Run Subdivision, Part VIII Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Hunter's Run Subdivision, Part VIII 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, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Rich'. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 97-282 RESOLUTION APPROVING AMENDMENTS TO THE IOWA CITY PLANNING AND ZONING COMMISSION BY-LAWS. WHEREAS, the Planning and Zoning Commission desires to amend its by-laws to include provisions regarding exparte contacts and conflicts of interest; and WHEREAS, the Planning and Zoning Commission recommended approval of said amendments at its July 3, 1997 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Planning and Zoning Commission By-Laws are hereby rescinded and replaced with the amended by-laws attached hereto and incorporated by this reference into this resolution. 2. The Mayor and City Clerk are hereby authorized and directed to certify a copy of this Resolution. Passed and approved this 26th day of August ,1997. It was moved by Lehman adopted, and upon roll call there were: MAYOR Approved by City At orne~" ~s-Ltt, hce ~--~2/.~2, ;~ Vanderhoef and seconded by the Resolution be AYES: X X NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef g :\data\wpdata\ppd admin\res\exparte.doc Iowa City Planning & Zoning Commission adopted July 15, 1982 Amended: m January 29, 1985 m August 29, 1995 m (Proposed amendments by P&Z Commission appear in bold on pg 3) BY-LAWS Iowa City Planning and Zoning Commission ARTICLE I. AUTHORITY: The Iowa City Planning and Zoning Commission shall have that authority which is conferred by Chapter z~14 of the Code of Iowa, Section 14-4A, City Code, City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLEII. PURPOSE: The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of Iowa City by establishing a Planning and Zoning Commission to advise the City Council on all matters pertaining to the physical development and the Comprehensive Plan of Iowa City. ARTICLE Ill. MEMBERSHIP: Section 1. Qualifications. The Planning and Zoning Commission shall consist of seven (7) members appointed by the City Council. All members of the Commission shall be qualified electors of the City of Iowa City, Iowa. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Commission business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the City Zoning Chapter and subdivision regulations, by-laws, and other documentation that would be useful to Commission members in carrying out their duties. They shall also be given an orientation briefing by the City staff and the Commission as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Commission member from regular formal meetings may result in a recommendation to the City Council from the Commission to discharge said member and appoint a new Commission member. Section 5. Vacancies. Any vacancy on the Commission because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years, with terms expiring on May 1. Not more than one-third of the terms may expire in any one year. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7, Resi.qnations. Resignations should be submitted in writing to the Mayor with a copy to the City Manager, Director of Planning and Community Development and Chairperson of Planning and Zoning at least 60 days prior to the date of intended departure. ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Commission shall be a Chairperson, Vice-Chairperson, and Secretary, each of whom shall be elected by the members of the Commission. Section 2. Election and Term of Office. Officers of the Commission shall be elected annually at the first regular meeting in February each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice-Chairperson. in the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Secretary. The Secretary shall have the responsibility of insuring that the Commission's minutes are accurate and are circulated as prescribed. The Secretary, in the absence of the Chairperson and Vice-Chairperson, shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLEV. MEETINGS: Section 1. Re.qular Meetin.qs. Regular formal meetings of this Commission shall be held twice monthly whenever possible. Section 2. Special Meetin.as. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three or more members of the Commission. Section 3. Place of Meetin.qs. Regular formal meetings shall be in a place accessible to persons with disabilities. Section 4. Notice of Meetin.qs. Notice of regular and special meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings. The news media shall be notified by staff as required under Section 14-6U, City Code. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular formal meetings for open public discussion. Section 8. Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 9. Exparte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact prior to staff report, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal. Section 10. Conflict of Interest. A member who believes they have a conflict of interest on a matter about to come before the Commission shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. Section 11. Votinq. A majority (but not less than three) of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. A two-thirds vote of the members of the Commission present or not less than four votes shall be required in consideration of a substantial amendment to the Zoning Chapter and the adoption of the Comprehensive Plan or part or amendment thereof. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Commission, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. Except as otherwise provided herein, Roberts Rules of Order as amended shall be used where applicable. ARTICLEVI. POWERS AND DUTIES: The City Planning and Zoning Commission, in addition to the powers conferred by Chapter 414 of the Code of Iowa, possesses the following powers established by Section 1 4-Z~A, City Code, City of Iowa City, Iowa: Section 1. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of such Commission bears relation to the Comprehensive Plan, and shall submit such plan to the Council with its studies and recommendations and it may publish the same. Section 2. To make recommendations for the location of public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites therefor, and the location or erection of statuary, memorials or works of art in public places. Section 3. To make recommendations upon plans, plats, or replats of subdivisions or resubdivisions in such city which show streets, alleys or other portions of the same intended to be dedicated for public use. Section 4. To make recommendations for street, park, parkway, boulevard, traffic way or other public improvements, or the vacation thereof. Section §. To carry on comprehensive studies of present conditions and the future growth of such city in order to guide and accomplish a coordinated, adjusted and harmonious development of such city in accordance with the present and future needs thereof to the end that the health, safety, order, convenience, prosperity and general welfare may be promoted. Section 6. To conduct public hearings upon the adoption of such comprehensive plan or any amendment thereto. Section 7. To prepare a zoning ordinance regarding the height, number of stories and size of buildings and other structures; the percentage of ground that may be occupied; the size of yards, courts and other open spaces; the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes and to this end shall prepare a preliminary report and hold public hearings thereon and after such hearings have been held, to submit its final report and recommendations to the City Council. Section 8. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications in the comprehensive plan prepared by it. Section 9. To do all things necessary or advisable in order to carry out the intent and purpose of this article and all other ordinances relating to the state as they now exist or as the same may be hereafter amended or supplemented. ARTICLE VII. HEARINGS: Section 1. Comprehensive Plan. Before the adoption or amending of any part of the Comprehensive Plan, the Iowa City Planning and Zoning Commission shall hold at least one public hearing thereon, notice of the time of which shall be given by one publication in a newspaper of general circulation in the municipality, not less than seven days or more than 20 days before the date of hearing. After adoption of said plan by the Commission, a copy shall be forwarded to the Council. If the plan, or any modification or amendment thereof, shall receive the approval of the Council, the plan, until subsequently modified or amended as authorized by this section, shall constitute the official city plan of Iowa City. After the City Council has adopted all or part of the Comprehensive Plan, the Planning and Zoning Commission shall: (a) Investigate and make recommendations to the City Council upon reasonable and practical means for putting into effect the Comprehensive Plan in order that it will serve as a pattern and guide for the orderly growth and development of the city. The measures recommended may include plans, regulations, programs, financial reports and capital budgets. (b) Prepare a biannual report to the City Council on the status of the plan and progress on its implementation. (c) Endeavor to promote public interest in and understanding of the comprehensive plan and regulations relating to it. (d) Consult with and advise public officials and agencies, public utility companies, and civic, educational, professional and other organizations, and citizens generally, on the implementation of the provisions of the Comprehensive Plan. ARTICLE VIII. CONDUCT OF COMMISSION BUSINESS: Section 1. A.qenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all regular Commission meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Commission members and the media prior to regular formal meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all regular formal meetings are to be prepared and distributed to Commission and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Commission shall review all policies and programs of the City, relating to the Commission's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission will initiate consideration of each item at the next regular Commission meeting and shall notify Council of its disposition. Section 5. Attendance at Council Meetin.qs. The goal of the Commission is to have at least one representative at each regular formal meeting of the City Council. It is the responsibility of the Chairperson to designate the method by which this goal is achieved. The Chairperson or designated representative may also be requested to attend informal Council sessions at which matters pertaining to the Commission's responsibilities are to be discussed. Section 6. Annual Report. An annual report detailing the activities of the Commission shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Commission including composition, duties, and terms shall be designated by the Chairperson. ARTICLEX. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than four members of the Commission at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the Council to become effective. ppdadmin\bylaws,p&z Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 319-356-5407 RESOLUTION NO. 97-283 RESOLUTION APPROVING THE PUBLIC HOUSING MANAGEMENT ASSESS- MENT PROGRAM (PHMAP) CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY97. WHEREAS, the Public Housing Management Assessment Program (PHMAP) implements Section 502(a) of the National Affordable Housing Act of 1990 (NAHA) and evaluates the performance of public housing agencies (PHAs) in major areas of management operations; and WHEREAS, the Department of Housing and Urban Development (HUD) requires approval by formal resolution of the executed Certification which is in compliance with federal regulations; and WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the Public Housing Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity as the City of Iowa City Housing Authority that the PHMAP Certification be approved. Passed and approved this 26th day of August ,1997. Ap~.by~,(~ ATTEST: ~ ~Z,,". ~::2_r~_~ CITY'CLERK City Attorney's Office MAYOR It was moved by Lehman and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: X X X X X X X g:\data\wpdat a~hisasst\res\phm apcer. do c NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Jeff McClure, Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 97-284 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SHAMROCK/ARBOR CULVERT ENTRANCE IMPROVEMENT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public 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 tl~e amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 16th day of September, 1997. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 23rd day of September, 1997, or at such later time and place as may then be fixed. Passed and approved this 26th dayof Auqust ,19 97 City Attorney's Office pweng\res~shamarbr. doc Resolution No. 97-284 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X X X X ,, X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: James Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 319/356-5044 RESOLUTION NO. 97-285 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE RENOVATION OF THE HEATING, VENTI- LATING AIR CONDITIONING (HVAC) SYSTEM AT THE IOWA CITY/JOHNSON COUNTY SENIOR CENTER, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISE- MENT 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 16th day of September, 1 997. 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 23th day of September, 1997, or at such later time and place as may then be fixed. Passed and approved this ..... 26th day of August ,19 97 pweng\senio¢\renov,res //~ Approved by City Attorney's Office Resolution No. 97-285 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: David Schoon, Eco. Der., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. 97-286 RESOLUTION AUTHORIZING APPLICATION FOR GRANT MONIES FROM THE IOWA DEPARTMEN'I[' OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS TO ASSIST PROTEK MEDICAL PRODUCT, INC. TO CONSTRUCT BUILDING IMPROVEMENTS AND ACQUIRE MACHINE:RY AND EQUIPMENT AND AUTHORIZING CITY PARTICIPATION IN THE FORM OF A $15,000 NO-INTEREST LOAN. WHEREAS, the.Iowa City Community Economic Betterment Account (CEBA) program provides loans to cities to promote economic development and create long-term employment opportunities; and WHEREAS, it is in the public interest to use State funding to encourage economic development in Iowa City, Iowa; and WHEREAS, the City of Iowa City desires to apply for and obtain 950,000 in CEBA funding from the Iowa Department of' Economic Development in the form of a forgivable loan, in order to assist in the construction of building improvements and the acquisition of machinery and equipment for the Protek Medical Product facility in Iowa City, Iowa; and WHEREAS, in order to obtain a competitive CEBA loan, it is necessary to provide a local contribution in the form of a ~15,000 no-interest loan in order to assist in the acquisition of machinery and equipment for the Protek Medical facility in Iowa City, Iowa; and WHEREAS, the City has the authority to provide financial assistance for promotion of economic development. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to encourage economic development by applying for CEBA funding with the City of Iowa City, as applicant, and Protek Medical Product, Inc. as the business. The Mayor and City Clerk are hereby authorized to make formal application for financial assistance to the Iowa Department of Economic Development for Community Economic Betterment Account funds in the amount of 950,000. As part of the local contribution necessary for a competitive CEBA, the City Council agrees to provide a ~ 1 5,000 no-interest loan. The City Manager is hereby authorized to take any additional actions required by the State Department of Economic Development and the CEBA program in order to secure said funding. Resolution No. Page 2 97-286 Passed and approved this 26th day of August , 1 997. ATTEST:ci T CLERK It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vand~rhoef ecodev\res\protek.wp5 City of Iowa City MEMORANDUM Date: To: From: Be: August 21, 1997 City Manager me~ '~ Karin Franldin, ~icrinCto~ cP~envn~?og &meCn~rr~l~oU~tiny tD;velop David Schoon, i a Financial Assistance for Protel( Medical Product Inc. Protek Medical Product Inc. requests that the City submit an application for a ¢50,000 forgivable loan from the State's Community Economic Betterment Account (CEBA) program. The company requests public assistance to help with financing up-front project start-up costs, which includes building improvements and machinery & equipment. The Company & the Project Protek is a start-up company formed by Rick Pruter to develop, manufacture, and distribute peripheral devices and accessories in the ultrasound and imaging market. The new company would locate on the soon to be vacated first floor of the NAPA building on the corner of Southgate Avenue and Keokuk Street. The proposed building would house the company's complete operation including contract design work, research and development of product lines, light manufacturing (which is mainly assembling), packaging and inventory, and other general office activities. The proposed project consists of the following: Building Remodeling - 10,000 square feet New Equipment & Furnishings Working Capital 25 New Jobs within 2 years ~ 14 production line jobs 11 supervisory, technical & administrative positions 29 Total Jobs (25 new & 4 existing) $34,000 investment $201,800 investment ~434,900 · Starting average wage of ~10.40/hr · Starting wage of $8.00/hr Starting average wage of $14.40/hr · Starting average wage of 812.60/hr Depending upon approval of the application, the target date to begin the project is October 1 with plans to have the company established and fully operating in the NAPA building by April 1998. Public Financial Assistance Protek considers public financial assistance important to the early success of its business. The CEBA application process requires local financial participation in a project in order to make the project competitive. The local financial participation is in the form of a $15,000 no-interest loan, with repayment beginning in two years with three equal annual installments. Financial Assistance Guidelines Attached you will find a copy of the recently adopted financial assistance guidelines with statements indicating how the characteristics of the Protel( project compare with these guidelines. Based on this comparison, staff concludes that the characteristics of the Protel( Medical Product project, as a start-up company, match closely with the City's guidelines and would recommend the Council adopt the resolution authorizing the submission of the CEBA application. cc: Bill Evans, Protek f:\prospect\pmp\cmmemo.pmp FINANCIAL ASSISTANCE GUIDELINES PROTEK MEDICAL PRODUCT INC PRIVATE FINANCIAL CONTRIBUTION AS COMPARED TO PUBLIC ASSISTANCE REQUEST A greater percentage of contribution by the assisted business; The business' contribution to the project, including private financing is 90% of the project costs (CEBA application, questions 26 & 27) A shorter payback period or expiration for financial assistance; The business is requesting a $15,000 no interest loan from the City and a 950,000 forgivable loan from the State. If the business meets their job attainment obligations, the State loan needs not be repaid nor does the forgone interest on the City's loan. The City loan will be paid back in 5 years. A lower amount of financial assistance per job The application indicates the creation of 25 new jobs and the retention of approximately 4 jobs. Based on only the job creation number, the City's financial assistance per job equals approximately ~600/job. CONSISTENCY WITH COMPREHENSIVE PLAN/CAPITAL IMPROVEMENTS PROGRAM/ECONOMIC DEVELOPMENT POLICY Projects not requiring new public capital improvements; The proposed project requires no new public capital improvements. greater contribution by the developer for public infrastructure improvements; NA The proposed project requires no new public capital improvements. Jobs within industry/technology groups on opportunity list; The proposed project falls within the categories of Human Health & IVledicine and Light Manufacturing. Start-up companies and expansions of existing local operations; The proposed project is a start-up company. A greater amount of property tax base expansion. The proposed project consists of remodeling of an existing building. The City should not experience any significant increase in expansion of the property tax base. However, growth of this new business may result in expansion of the tax base in the future if a larger facility is needed. Protek Medical Product QUALITY OF JOBS TO BE CREATED Higher wage rates; The application indicates an average hourly wage for new jobs being created at 810.45 and the average hourly wage for existing jobs at 826.63. The overall average hourly wage would be approximately 812.68. (Note: these figures do not include shift differentials, bonuses, or overtime wages). The average hourly wages for all industries (private business and government) in Johnson County is 812.28 and the average hourly wages for manufacturing firms is 814.80 (Note: these figures do/nclude shift differentials, bonuses, and overtime wages). (CEBA Application, question 18, and Joint Application, questions 1 & 2) Full-time, long-term, non-seasonal positions; The new and existing jobs would be full-time, long-term, non-seasonal positions, Commitment to a safe workplace; The company indicates that they will comply with ISO9001 medical manufacturer requirements and all OSHA requirements. (Joint application, question z~) Contribution to health insurance benefits; Protek will provide medical insurance, Blue Cross/Blue Shield Alliance Select (PPO), and dental insurance, Delta Dental. The company will pay 50% of the premium. The insurance will contain a 90%10% co-payment. (CEBA Application, Attachment D). Provision of fringe benefits (e.g. vacation, sick leave, retirement plans). The company will provide short and long term disability insurance, life insurance, accidental death and dismemberment insurance, 9 paid holidays, 5 sick/personal days, and vacation based on years of service (6 months - 1 week; 1 year - 2 weeks; 5 years - 3 weeks; and 10 years - 4 weeks) (CEBA Application, Attachment D) COMMUNITY INVOLVEMENT Businesses that have a history of contributing to their communities through volunteer work, financial contributions or other means. NA New start-up businesses that demonstrate their commitment to becoming involved in the community. (Joint application, question 9) The company's principal has been involved in the community through Rotary, coaching Little League, and acting as a Cub Scouts leader. The company has indicated that it will encourage it's employee's to participate in community affairs. The company will also offer cooperative education opportunities. The company has also indicated that it will contribute financially to community projects once it has firmly established itself. 2 Protek Medical Product ECONOMIC IMPACT Contribution to diversification of Johnson County economy; Protel< Medical Products is a start-up business as a manufacturing firm. Approximately, 7% of the Johnson County labor force is employed in the manufacturing sector, while nearly 44% of the labor force is employed in the government sector and 49% in the non-manufacturing sector. The creation of 25 positions at Protel( Medical Products will further help diversify the Johnson County economy. Potential for future growth of industry; In 5 to 7 years the company forecasts sales in the range of $10 million by capturing existing market sales, capturing additional sales due to market growth, and through new product development. With this level of sales, the company would anticipate employing between 50 and 70 employees (Joint Application, question 3). Builds on the resources, materials, and work force of the local community. The company has indicated that 85% of the company's total operating expenditures will be spent in Iowa. This includes wages for their labor force, and their purchase of goods and services from local machine shops, molders, computer equipment and office supply companies. Nearly all of these expenditures will take place in eastern Iowa (CEBA Application, question 12 and Joint Application, question 5) ENVIRONMENTAL IMPACT The more environmentally sound the company's operation; The company has indicated a commitment to regularly evaluate the efficient use of energy and the resources used to make its products. (Joint Application, question 6) The company has indicated that it is committed to recycle all possible materials that result from its business activity, which will predominately be office related paper and cardboard. Most of what the company classifies as manufacturing is actually assembly. The business indicates that there will be virtually no solid waste produced relating to the production of materials. (CEBA Application, Attachment H) The more environmentally sound the company's products/services. The company indicates that currently the materials that will be used in its drapes and guidance systems cannot be recycled materials due to quality control reasons. The company will continue to pursue options that would include recycled materials. (Joint application, question 7) 3 Protek Medical Product GENERAL REQUIREMENTS Every applicant should provide average hourly wages for all new and existing jobs which meet or exceed the average county wage rate by industry. Ninety percent of the project positions should have a wage greater than the federal poverty wage rate for Iowa City (30% of the median income for a four person household in Iowa City). Under special circumstances, consideration will be given to those companies who cannot meet this requirement. See "Quality of Jobs to be Created" section. None of the position wages fall below the 1=ederal poverty wage rate for Iowa City (7.13/hr). Applicant must have a consistent pattern of compliance with the law and the spirit of the law, including environmental regulations, occupational safety and health laws, fair labor standards, the National Labor Relations Act, and the Americans with Disabilities Act, in order to eligible for financial assistance. Based on the applicant's response to CEBA question 3§ and staff's review of various public information sources, Protek Medical Products and its principal, Rick L, Pruter, appear to have a consistent pattern of compliance with the law and the spirit of the law Applicant must demonstrate the following in order to be eligible for financial assistance: the feasibility of the business venture. Mr. Pruter and Mr. Evans bring their knowledge and expertise 1=rom their experience working at a company producing similar products and services. They appear to have the ability to guide a successful business in their industry. An unknown yet to be determined is how the market will actually accept their products and services. the reliability of the job creation and financial estimates. The financial estimates appear to be thoroughly and thoughtfully prepared. Again the market's reception to this new company's products and services will influence the job creation and financial estimates. ~ the credit worthiness of the business. As a new start-up business, the company is financing the project through a significant amount of borrowing. The selected 1=inancial institution is lending by far the most significant amount ot= funds. The institution's loans are being guaranteed by a third party. Project would not occur without financial assistance. The application states: During the 1=irst phase of the business' development, the selected financial institution is willing to provide $400,000 to help finance project. Public financing is being requested to help meet up1=ront projected budget needs. As the business meets its goals, the private financial institution has agreed to provide additional financing. (CEBA Application, question 28) A contract will be executed for any financial assistance awarded. Applicant will be required to repay all, or a prorated share, of the amount of the financial assistance awarded if the applicant does not fulfill the obligations of the contract. The company is willing to enter into a loan agreement that contains a repayment clause. {Joint Application, question 10) f:\prospect\pmp\city,eva Protek Medical Product CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 1 APPLICATION FOR F NANCIAL ASSISTANCE APPLICANT INFORMATION: 1. w APPLICATION TYPE (Please Check One): [ ] SMALL BUSINESS GAP FINANCING [X] NEW BUSINESS OPPORTUNITY [ ] NEW PRODUCT DEVELOPMENT THE COMMUNITY, CITY OR COUNTY SPONSORING THE APPLICATION: CITY OR COUNTY: CITY OF IOWA CITY NAME OF MAYOR OR BOARD CHAIR: NAOMI J. NOVICK ADDRESS: 410 E WASHINGTON STREET ZIP CODE 52240 CITY/COUNTY CONTACT PERSON: STEPHEN ATKINS TITLE: CITY MANAGER DAVID $CHOON ECON. DEVEL. COORDINATOR TELEPHONE ( 319 )356-5236 FAX ( 319 )356-5009 BUSINESS RECEIVING BENEFIT OF FUNDING: BUSINESS PROTEK MEDICAL PRODUCTS, INC. NAME OF AUTHORIZED PERSON TO OBLIGATE THE BUSINESS RICK L. PRUTER BUSINESS ADDRESS 221 E. MARKET, SUITE #291, IOWA CITY ZIP CODE 52245-2166 BUSINESS CONTACT PERSON WILLIAM E. EVANS TITLE CFO TELEPHONE (319)358-8080 FAX (319)339-8258 BUSINESS FEDERAL ID # 484-72-3220 CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 2 RELEASE OF INFORMATION AND CERTIFICATION NOTE: Please read carefully before signing I hereby give permission to the Department of Economic Development (DED) to research the company's history, make credit checks, contact the company's financial institution, and perform other related activities necessary for reasonable evaluation of this proposal. I understand that all information submitted to DED relating to this application is subject to the Open Records Law (1994 Iowa Code, Chapter 22) and that confidentiality may not be guaranteed. I hereby certify that all representations, warranties or statements made or furnished to the Department in connection with this application are true and correct in all material respects. I understand that it is a criminal violation under Iowa law to engage in deception and knowingly make, or cause to be made, directly or indirectly, a false statement in writing for the purpose of procuring economic develop- ment assistance from a state agency or political subdivision. SIGNATUR,E OF~COMPANY OFFICER AUTHORIZED TO OBLIGATE BUSINESS: SIGNATURE OF MAYOR/BOARD CHAIR AUTHORIZED TO OBLIGATE COMMUNITY: NOTE: DED WILL NOT PROVIDE ASSISTANCE IN SITUATIONS WHERE IT IS DETERMINED THAT ANY REPRESENTATION, WARRANTY OR STATEMENT MADE IN CONNECTION WITH THIS APPLICATION IS INCORRECT, FALSE, MISLEADING OR ERRONEOUS IN ANY MATERIAL RESPECT. IF ASSISTANCE HAS ALREADY BEEN PROVIDED BY DED PRIOR TO DISCOV- ERY OF THE INCORRECT, FALSE OR MISLEADING REPRESENTATION, DED MAY INITIATE LEGAL ACTION TO RECOVER STATE FUNDS. CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 3 m DESCRIBE THE ORGANIZATIONAL STRUCTURE OF THE BUSINESS, INCLUDING ANY PARENT COMPANIES, SUBSIDIARIES, SISTER COMPANIES, ETC. The company is an S-Corporation with one officer and director, Rick L. Pruter LIST THE NAMES OF THE BUSINESS OWNERS AND THE PERCENT OF OWNERSHIP HELD BY EACH. Rick L. Pruter - 100% ownership LIST THE BUSINESS" PRIMARY AND SECONDARY STANDARD INDUSTRIAL CODES (SIC) CODES. 3842 - Orthopedic, Prosthetic and Surgical Appliances and Supplies (The State's strategic plan identifies medical and surgical instruments as a targeted industry group for start-up firms.) CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 4 DESCRIPTION AND HISTORY OF BUSINESS: (If complete description is attached, please summa- rize here.) Protek Medical Products Inc. is a start-up corporation formed to develop, manufacture, and distribute medical devices aimed at diagnostic imaging professionals. Product lines include various types of surgical drapes, needle guidance, and positioners used for various biopsy procedures, and other devices aimed at the diagnostic imaging professional. Protek Medical Products Inc. also will provide engineering and design services for this same market. The company was started to fill a market niche where competition is minimal and margins are high. Rick Pruter (CEO) has spent the last 14 years both as a design consultant and as Vice President/General Manager with a large player in the medical instruments market. The General Manager/CFO and the Quality Systems Regulations Manager both have related experience in this market. DESCRIBE IN DETAIL THE PROPOSED "PROJECT": (e.g. company relocation, plant expansion, remodeling, new product line, refinancing, etc.) (If complete description is attached, please summarize here.) The proposed project would consist of leasing a 10,000 sq. ft. building to house all of the company's functions; the central function of which would be a model manufacturing facility capable of providing sterile devices and customer service. The desired building is located at 611 Southgate Avenue in Iowa City. Though the building requires several leasehold improvements, the building's location meets our physical requirements and is located near many of our vendors. The location is also conveniently located on a public transit route and near residential areas, which will help us with our hiring needs. It is estimated within two years of the start of this project, the project will create 25 new jobs in addition to our existing four employees. The new jobs will be a combination of 14 production line jobs and 11 supervisory, technical, and administrative positions. Please see Business Plan, Attachment B, for further project details. OEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 5 WILL THE PROJECT INVOLVE A TRANSFER OF OPERATIONS OR JOBS FROM ANY OTHER IOWA FACILITY OR REPLACE OPERATIONS OR JOBS CURRENTLY BEING PROVIDED BY ANOTHER IOWA COMPANY? IF YES, PLEASE INDICATE THE FACILITY(S) AND/OR COMPANY(S) AFFECTED. NO 10. WHAT PERCENTAGE OF THE COMPANY'S SALES WILL BE OUTSIDE THE STATE OF IOWA? Approximately 95% of company sales will be outside the State of Iowa. As a wholesaler Protek will be selling to the Original Equipment Manufacturers (OEM's) and large distributors. These corporations are all located outside the state of Iowa. 11. DESCRIBE THE BUSINESS' ANTICIPATED IN-STATE CUSTOMERS AND THE PRODUCT/SERVICE THAT WILL BE PROVIDED TO EACH. In-state hospitals and clinics will be provided custom diagnostic imaging devices. Hospitals and clinics will be the end users of the product. Products sold include sterile surgical drapes, ultrasound transducer covers, and biopsy guidance and positioner devices. 12. WHAT PERCENTAGE OF THE COMPANY'S TOTAL OPERATING EXPENDITURES (INCLUDING WAGES AND SALARIES) WILL BE SPENT WITHIN THE STATE OF IOWA? Approximately 85% of the company's total operating expenditures will be spent within the State of Iowa. This includes our entire labor force, machine shops, molders, computer equipment and office supply companies. It is important both for communications/logistics and cost effectiveness to use vendors that are located near our operation. 13. WHAT DATE WILL THE PROJECT BEGIN? BE COMPLETED? April 1, 1998 October 1, 1997 (NOTE: Funds are not normally distributed to the business until approximately two months after DED's actual approval.) 14. HAS ANY PART OF THE PROJECT BEEN STARTED? X YES ~ NO (If yes, please describe:) Four individuals are presently employed by the company. The company has incurred approximately $36,000 in capital equipment expenditures and $15,000 in operating expenses. CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 6 15. HOW MANY EMPLOYEES ARE CURRENTLY EMPLOYED BY THE COMPANY? (Total employment including all locations, subsidiaries, divisions, affiliates, etc., worldwide) 4 IF THIS COMPANY HAS MORE THAN ONE IOWA FACILITY, HOW MANY FULL-TIME EMPLOYEES ARE THERE AT THE FACILITY AFFECTED BY THIS PROPOSAL? N/A 16. OTHER IOWA FACILITIES? Location(s) N/A No. of Employees at each N/A HOW MANY TOTAL INDIVIDUALS HAVE BEEN EMPLOYED BY THE COMPANY AT THESE FACILI- TIES DURING THE PAST YEAR? One IF AWARDED FUNDS, HOW MANY NEW, FULL-TIME EMPLOYEES WILL YOU ADD TO THE PAY- ROLL WITHIN 12, and 24, MONTHS OF THE AWARD DATE? The business acknowledges if it fails to create the jobs pledged below by the end of the project period (usually 24 months from the date of the CEBA award), it will reimburse CEBA funds for the employment shortfall. The preparer of this application should ensure that the business is aware of this provision before asking the business to sign the application form. FULL-TIME: PART-TIME: 12 MONTHS 11 12 MONTHS Cumulative Cumulative 'FULL-TIME: 24 MONTHS PART-TIME: 14 24 MONTHS Cumulative Cumulative 17. WHAT IS THE ESTIMATED ANNUAL PAYROLL FOR THE NEW EMPLOYEES RESULTING FROM THIS PROJECT? $540,000 CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 7 18. WHAT IS THE STARTING AVERAGE HOURLY WAGE RATE (NOT INCLUDING FRINGE BENEFITS) PROJECTED TO BE FOR THE NEW EMPLOYEES? $10.45 FOR EXISTING EMPLOYEES? $26.63 LIST OF POSITIONS AND HOURLY RATES FOR EACH JOB CLASSIFICATION TO BE CREATED AND RETAINED. See next page. An example is typed in the first line. HOW MANY OF THE BUSINESS' CURRENT EMPLOYEES ARE EARNING AN HOURLY WAGE, EXCLUDING BENEFITS, OF AT LEAST THE COUNTY THRESHOLD WAGE? (CONTACT A CEBA PROJECT MANAGER AT IDED FOR CURRENT FIGURES.) Four employees are earning an hourly wage excluding benefits of at least 75% of the County threshold wage (Johnson County's threshold wage is $7.13/hr. or 75% of the average county wage. CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE 18. Cont. LIST OF POSITIONS AND HOURLY RATE FOR CREATED AND RETAINED POSITIONS (Use Additional Sheets if Needed) No. Hours Create Retain Position Title Per Week 14 -- Production 40 1 -- Production Supervisor 40 1 -- Shipping Lead 40 2 -- Buyer 40 3 -- Designers 40 3 -- Admin. Asst./Clerical 40 1 -- Office Manager 40 -- 2 ISO CE FDA Asst./Designer 40 -- 1 CEO 40 -- 1 CFO 40 PAGE 8 Hourly Rate of Pay $8.oo $12.00 $12.00 $14.42 $19.23 $10.00 $14.42 $17.18 (avg.) $41.66 $31.25 CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 9 19. WILL ANY OF THE CURRENT EMPLOYEES LOSE THEIR JOBS IF THE PROJECT DOES NOT PROCEED? X YES NO 20. IF YES, HOW MANY? 4 EXPLAIN WHY: State assistance is necessa~ to adequately fund start-up capital expenditures. Without assistance company would have to search for other locations and funding. One option would be for the company to locate near one of our clients, a large original equipment manufacturer (OEM), all of which are located out of state. This would be desirable to the OEM, which in turn would ensure business for Protek. 21. WHAT IOWA COMPANIES DO YOU EXPECT TO SELL TO WHICH CURRENTLY BUY FROM NON-IOWA COMPANIES? WHAT PERCENTAGE OF YOUR SALES WILL FALL INTO THIS CATEGO- RY? Approximately 5% of total sells will be to Iowa companies. These sells will be to in-state hospitals and clinics, some of which purchase similar products from out of state firms. 22. WHAT OTHER IOWA COMPANIES COULD BE CONSIDERED TO BE YOUR COMPETITORS? Civco Medical Instrument Co., Inc. 23. HOW WILL THIS PROJECT BENEFIT THE CITY/COUNTY, ETC. Provide stable long-term employment for 25 local residents with payroll and benefits. New employees will spend earnings on local retail goods, services, and housing. Protek falls within two of the City's targeted industry/technology groups, human health & medicine and light manufacturing. CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 10 24. IN WHAT FORM IS THE BUSINESS CONTRIBUTION TO THE PROJECT? PLEASE EXPLAIN CLEAR- LY. (i.e. SALE OF STOCK, EQUITY INVESTMENTS, SUBORDINATED DEBT, ETC.) Guaranteed Loans - Firstar - Cedar Rapids -$400,000 Operating Line of Credit and $205,700 SBA loan for machinery and equipment and furniture and fixtures. (Owner has personally contributed $51,000 in the existing business operations.) 25, IDENTIFY ALL AGENCIES OR INSTITUTIONS INVOLVED IN THE PROJECT, AND WHAT THEIR INVOLVEMENT IS: Firstar- Cedar Rapids: $400,000 of working capital/fixed debt secured by a third party $205,700 SBA loan for machinery and equipment and furniture and fixtures City of Iowa City: $15,000 no-interest loan CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 11 26. USE OF FUNDS ACTIVITY 1. LAND ACQUISITION 2. SITE PREPARATION 3. BUILDING ACQUISITION 4. BUILDING CONSTRUCTION 5. BUILDING REMODELING 6. MACHINERY & EQUIPMENT 7. FURNITURE & FIXTURES 8. PERMANENT WORKING CAPITAL (detail:) COST SUMMARY OF PROJECT COSTS AND PROPOSED FINANCING SOURCES SOURCES (Summarize All Scumes from Question 27) SOURCE A SOURCE B SOURCE C SOURCE D $ $ $ $ $34,000 $34,000 $186,800 $16,000 $15,000 $434,900 $155,800 $15,000 $15,000 $400,000 $34,900 SOURCE E SOURCE F 9. OTHER 10. OTHER TOTAL: $ $670,700 $50,000 $400,000 $205,700 $15,000 27. CODE: SOURCE (include all sources in Question 26) Source A: STATE ASSISTANCE (CEBA) Source B: FIRSTAR BANK - CEDAR RAPIDS Source C: FIRSTAR BANK- CEDAR RAPIDS Source D: City of Iowa City Source E: Source F: TERMS OF PROPOSED FINANCING AMOUNT $50,000 $400,000 $205,700 $15,000 $ $ TOTAL: $670,700 (1) For example: Forgivable Loan, Direct Loan, Grant, Equity, etc. TYPE (1) Forgivable Loan Operating Line of Credit SBA Guaranteed Loan Direct Loan RATE Prime +.5% Prime +1.5% O% TERM 5 years 5 years CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 12 28. EXPLAIN WHY ASSISTANCE IS NEEDED FROM THE STATE, AND WHY IT CANNOT BE OBTAINED ELSEWHERE. SPECIFIC SUPPORTING DOCUMENTATION EVIDENCED ElY CASH FLOW STATE- MENTS, INCOME STATEMENTS, ETC., IS REQUESTED. During the first phase of the business' development, the selected financial institution is willing to provide $400,000 to help finance project. Financing is required to meet upfront building improvements and machinery & equipment needs. Please reference last page of Operating Budget in Business Plan. As shown under "Most Likely Scenario", financing needs reach $670,675 at the end of June 1998. Firstar will provide additional lending above the $400,000 based on collateral and other sources of funds provided during the 1998 time period. This additional lending would be in the form of an SBA guaranteed loan. 29. EXPLAIN THE NEED FOR SPECIFIC TYPE OF ASSISTANCE (LOCATIONAL OR FINANCIAL OR RATE OF RETURN). CAN CONVENTIONAL FINANCING BE OBTAINED FOR ALL PROJECT COSTS? IF CEBA PROVIDED A MARKET RATE LOAN COULD THE PROJECT PROCEED? LOW OR NO INTEREST LOAN? IF NOT, WHY NOT? Controlling costs during start-up phase is very important. A forgivable loan provides the business the necessary cash to make the project successful. As noted above, state/local assistance will provide additional sources of funds that will enable our current lender to provide necessary funding during and after 1st quarter 1998. A forgivable loan from the State provides funding that would be looked upon more favorably by the current lender than would a conventional or low interest loan. 30. WHAT TYPE OF SECURITY AND IN WHAT AMOUNT WILL THE ASSISTED BUSINESS PROVIDE THE STATE? IF NO SECURITY IS OFFERED, AN EXPLANATION MUST ElE PROVIDED. NOTE: AS A GENERAL RULE. FOR THOSE BUSINESSES NOT PUBLICLY TRADED. PERSONAL GUARAN- TEES ARE REQUIRED IN ADDITION TO OTHER PLEDGED BUSINESS ASSETS. MORTGAGE LIEN ON Equipment PERSONAL GUARANTEE OTHER $ NONE $ $50,000 ~ $50,000 (If none, please explain) WHAT SENIORITY OR POSITION? WHAT SENIORITY OR POSITION? 31. GENERALLY A DECISION BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT ON THIS APPLICATION CAN ElE EXPECTED WITHIN 30 DAYS OF RECEIPT OF THE APPLICATION. IS THERE AN URGENT NEED FOR A MORE IMMEDIATE DECISION (I.E. I - 2 WEEKS) ON THIS APPLICATION? YES X NO IF SO, WHY? CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 13 32. DOES THE BUSINESS CERTIFY THAT HIRING PREFERENCE WILL BE MADE TO IOWA RESI- DENTS? X YES NO 33. DOES THE BUSINESS CERTIFY THAT HIRING PREFERENCE WILL BE MADE TO FORMER EM- PLOYEES OF ANY BUSINESS MERGED OR ACQUIRED BY THE COMPANY WITHIN THE LAST THREE YEARS? YES NO N/A 34. DOES THE BUSINESS CERTIFY THAT AT LEAST TEN (10%) PERCENT OF THE POSITIONS TO BE CREATED WILL BE MADE AVAILABLE TO QUALIFIED PROMISE JOB PARTICIPANTS? X YES NO 35. HAS THE BUSINESS BEEN CITED OR CONVICTED FOR VIOLATIONS OF ANY FEDERAL OR STATE LAWS OR REGULATIONS WITHIN THE LAST FIVE YEARS (INCLUDING ENVIRONMENTAL OR SAFETY REGULATIONS)? ~ YES X NO. IF YES, PLEASE EXPLAIN THE CIRCUM- STANCES OF THE VIOLATION(S). 36. WILL YOUR BUSINESS BE UTILIZING, OR BE LOCATED ON PROPERTY ON WHICH IS LOCATED, UNDERGROUND TANKS (WHETHER OR NOT IN CURRENT USE) FOR THE STORAGE OF PETRO- LEUM PRODUCTS, AGRICULTURAL OR OTHER CHEMICALS, WASTE OIL OR OTHER LIQUID WASTE, OR ANY OTHER INFLAMMABLE, CORROSIVE, REACTIVE OR EXPLOSIVE LIQUID OR GAS? YES X NO IF YES, PLEASE SPECIFY. 37. WILL YOU BE STORING ABOVE-GROUND ON OR ABOUT YOUR BUSINESS PREMISES, IN TANKS OR OTHERWISE, FOR ANY LENGTH OF TIME OR FOR ANY PURPOSE, ANY LIQUID OR GAS INCLUDED IN QUESTION 36 ABOVE, OR ANY INFLAMMABLE, CORROSIVE~ REACTIVE OR EXPLOSIVE SOLID, EXCLUDING ORDINARY REFUSE? YES X NO IF YES, PLEASE SPECIFY. CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 14 38. WILL YOU BE YOU TREATING, TRANSPORTING OR DISPOSING OF ANY LIQUID, GAS OR SOLID INCLUDED IN QUESTIONS 36 OR 37 ABOVE, EITHER ON OR ABOUT YOUR BUSINESS PREMISES OR AT A LANDFILL OR OTHER TREATMENT FACILITY, OR UPON ANY PUBLIC STREET OR HIGHWAY, OR ON ANY WATERWAY OR BODY OF WATER, OR IN ANY AIRCRAFT? YES X NO IF YES, PLEASE SPECIFY THE SUBSTANCE AND WHAT YOU WILL BE DOING WITH IT. 39. 40. IF THE BUSINESS GENERATES SOLID OR HAZARDOUS WASTE, IT IS REQUIRED TO SUBMIT AN AUDIT AND MANAGEMENT PLAN TO REDUCE THE AMOUNT OF THE WASTE AND TO SAFELY DISPOSE OF THE WASTE. FOR THE PURPOSES OF MEETING THIS REQUIREMENT, THE BUSI- NESS IN LIEU OF PROVIDING IN-HOUSE AUDITS, MAY SUBMIT AUDITS COMPLETED BY EITHER THE WASTE MANAGEMENT AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES OR THE IOWA WASTE REDUCTION CENTER ATTHE UNIVERSITY OF NORTHERN IOWA. IF AN AUDIT AND MANAGEMENT PLAN IS NOT SUBMITTED, THE DEPARTMENT SHALL NOT PROVIDE ASSIS- TANCE UNTIL IT IS SUBMITTED. See Attachment H. WILL ANY PART OF THE PROJECT TAKE PLACE IN A 100 YEAR FLOOD PLAIN? _ YES X NO 41. DOES THE BUSINESS PROVIDE AT LEAST 80% OF STANDARD MEDICAL AND DENTAL INSUR- ANCE FOR FULL-TIME EMPLOYEES? YES X NO 42. 43. DOES THE COMMUNITY HAVE A COMMUNITY BUILDER PROGRAM IN PLACE? X YES __ NO REQUIRED ATTACHMENTS. CHECK OFF EACH ONE SUBMITTED. IF NOT SUBMITTED, EXPLAIN WHY IT IS NOT SUBMITTED. *Attachment *A COMMUNITY RESOLUTION AUTHORIZING THE APPLICATION B BUSINESS PLAN (IF NEW BUSINESS) B PROFIT AND LOSS STATEMENTS (3 YEAR HISTORICAL AND 2 YEAR PROJECTIONS) Included in business plan B BALANCE SHEETS (3 YEAR HISTORICAL AND 2 YEAR PROJECTIONS INCLUDING AGED ACCOUNT RECEIVABLE SCHEDULE, AGED ACCOUNTS PAYABLE SCHEDULE AND A SCHEDULE OF OTHER DEBT) Included in business plan C&G LETTERS OF COMMITMENT OF PROJECT FUNDS, (FROM BANKS, APPLICANT, ETC.) D DESCRIPTION OF FRINGE BENEFITS PROVIDED TO EMPLOYEES CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 15 N/A E B F G G G H COPIES OF THE COMPANY'S QUARTERLY IOWA "EMPLOYER'S CONTRIBUTION AND PAYROLL REPORT" FOR THE PAST YEAR AND A COPY OF THE MOST RECENT MONTH- LY PAYROLL REGISTER. MAP INDICATING THE LOCATION OF THE PROJECT WITHIN THE COMMUNITY. ATTACH COST ESTIMATES FOR CONSTRUCTION, MACHINERY/EQUIPMENT, PERMANENT WORKING CAPITAL AND PURCHASES. Included in Business Plan. CERTIFICATE OF GOOD STANDING FROM THE IOWA SECRETARY OF STATE OR AN AUTHORIZATION TO CONDUCT BUSINESS IN IOWA. CERTIFICATE OF INCUMBENCY LISTING THE CURRENT BOARD OF DIRECTORS AND CURRENT OFFICERS IF A CORPORATION OR A LISTING OF THE GENERAL PARTNERS IF A PARTNERSHIP. CORPORATE RESOLUTION AUTHORIZING THE APPLICATION FOR CEBA FUNDS. CORPORATE SIGNATORY AUTHORIZATION NAMING AN OFFICER TO EXECUTE THE CEBA APPLICATION AND CEBA LOAN DOCUMENTS, IF APPROVED. OTHER Solid Waste Management Plan 44. EXPLANATION/OTHER COMMENTS: ecodev\cebaapp.wp5 Business =',an RO"7 E ',( .\'ec ica' roc uc Inc. 'To be the best in the world in.~imaging Accessories... Creating value for our customers, employees, and communities MISSION STATEMENT To be the best in the world in Ultrasound Accessories... creating value for our customers, employees, and communities. PROTEK will Design, Package, and Distribute specialized medical devices for health care professionals' worldwide. CORE PRODUCTS and SERVICES PROTEK will target the Ultrasound Industry with several lines of cost affective sterile and non-sterile products. These products are used in both the scanning and iutraoperative surgical suites. PROTEK will target urologists and radiologists with a radiation. seed implant device and an ultrasound transducer positioner/holder. PROTEK will offer a line of endocavity needle and Catheter guides for prostate biopsies and egg retrievals. PROTEK will offer assistance to inventors of accessories in this market to provide concept, engineering, manufacturing and/or distribution. PROTEK MEDICAL PRODUCTS, INC. Executive Summary PROTEK MEDICAL PRODUCTS INC. (PROTEK) was formed to develop, manufacture and distribute medical devices aimed at the diagnostic imaging professionals. This will include a line of products such as Surgical Devices, Instruments, Sterile Instrument Drapes and Ultrasound Transducer Covers. PROTEK has identified a market niche where consumer demand exceeds current supplies within a growing market. PROTEK will win customer suppor~ and retain them by providing high quality, low cost product and services superior to the current competitors. LONG TERM OBJECTIVE PROTEK will build its infrastructure, product lines and customer base to position the corporation as the leader in the ultrasound and imaging markets, offering peripheral devices and accessories. PROTEK will ensure the highest quality standard, with the products and services provided to the customer. Regulatory compliance is maintained by certifying through the FDA and meeting the Medical Directives defined in the EN46000 standard. PROTEK will work directly with OEMs (Original Equipment Manufacturers) in the diagnostic imaging industry to provide a complete turnkey service for sterile and non-sterile devices. GE Medical, ATL, Siemens, CMS, Toshiba, Hitachi, and Acuson will be the type of OEMs targeted. There are approximately 35 OEMs in the Ultrasound Market that will be on a continuous marketing and follow-up campaign. PROTEK will target domestic distributors in the ultrasound market that sell peripheral devices for ultrasound and imaging procedures. PROTEK will offer several exclusive private label products, which PROTEK will not compete with in the domestic retail market. Among these will be Cone Instruments, G.E. Medical, Siemens, ATL, CMS, etc. These Distributors are currently competing with both of their vendors for these products. SHORT TERM OBJECTIVE The first years' objective will be to occupy and set up a model manufacturing facility capable of providing sterile devices and customer service to a global marketplace. Key objectives include recruiting employees, setting up vendors, developing specialty medical devices, and validating products through the FDA. An ad campaign will be designed for company and product awareness. The business will focus on instrument covers that protect against cross contamination. These instrument covers will be produced with 3 unique features (described in Design volume 2) and utilize pre-label/post-labei packaging techniques. This packaging technique is specifically designed for international shipments and private labeling. This packaging process is not currently being used by either of the key competitors and is confidential and proprietary to PROTEK. Custom medical device development and manufacturing will be the key service used by PROTEK in partnering and working with the OEM's. PROTEK will offer OEM's a complete turnkey service, from concept, through manufacturing, to the end user. These services are vital to OEM's that require accessories to support their customers. PROTEK's product line will offer both disposable and reusable instruments in sterile and non-sterile versions. PROTEK will partner with the'OEM's and help them with complete turnkey service and global distribution of products and accessories that compliment and sometimes stimulate OEM's system sales. MARKETING MARKETING OVERVIEW Product awareness and distribution will be based on a multi level marketing plan consisting of: 1. Domestic Retail This effort will include the United States, Canada and certain areas of Mexico. Targeted markets include hospitals, clinics and professional health care offices. Products offered to this market will include custom fabricated devices, defined by doctors or technicians, and designed, built, and distributed by PROTEK. 2. Domestic Distribution Private labeled products will be offered to distributors. There will be several products that will be offered exclusively to these distributors, where PROTEK will not compete. Product awareness will be established through a brochure mailing campaign and a cold call Telemarketing effort. 3. O.E.M. oartnership The O.E.M.'s will be targeted with a service card and brochure. PROTEK's product line will be offered to the O.E.M.'s supply centers. PROTEKS services will be offered to their sales, engineering and manufacturing departments in the form of engineering, manufacturing, and/or distribution of projects developed by the OEM's. 4. International Distribution The objective of this effort will be to gain leads, seeking importers/distributors on a country by country basis. The targeted region will be Europe. Secondary areas of interest will be Latin Americas, Africa and Middle East. The first tier in this advertising campaign will be in Commercial News USA. and EXPORT magazine. The main objective of the PROTEK'S business development will be to design a clear and precise view of the product line, including information on how to order and do business with PROTEK. Special attention will be given to instruction of use. The marketing department will be responsible for database management. PROTEK'S data base will be set up by outside vendors. This method will keep costs to a minimum. Partnering with the customer on a friendly basis, developing an atmosphere of trust is central to our plan. Advertising will be one of the key elements to the awareness of PROTEK, PROTEK's product line and services. The advertising campaign will be presented in a clear and precise manner, using abstract flair as to provide uplift to health care professional. Cost effectiveness to the customer will, however, take precedent over costly packaging. FACILITY/MANUFACTURING Location and Facility Several areas have been evaluated. The first option desirable is Iowa City, Iowa. The University of Iowa Hospital and Clinics will be used as a beta site for product clinical trials, new product and professional advice. Iowa City provides an adequate workforce. The second option will be the Quad City area. Benefits of this area include low cost of housing and commercial property. This area also offers a large workforce with many supply vendors. The third option would be to locate near one of our large OEM's, out o~' state. This would be desirable to the OEM, which in turn would insure business for PROTEK. The determining factors will be cost, labor availability, and state/community incentives, as product cost is imperative for market penetration and company viability as it goes through the start-up phase. PROTEK's operation requires a building ready for immediate occupancy with minimum lease improvement. An open warehouse area will be needed for maximum efficiency, however for this product; ceiling height is not a critical element. Outside curb appeal and inside cleanliness will be a strong determination as customer impression is crucial. Also the building must meet all ISO9001, FDA, CE Marking requirements. Warehouse/Production area needs approximately 3000-4000 sq. feet. for the first 2 years growing to 10,000 sq. ft. during year 4. Portable clean room walls, curtains, and filters will be utilized for future expansions, moving, and or process changes. An overhead dock door will be required after year 2 for shipments to and from the sterilizer. Electrical requirements at this time are a maximum of 208. MANUFACTURING The manufacturing area for the first 2 years will be comprised of a class 10000 clean room capable of producing and packaging large quantities in line form. Each line will have 2 assembly tables, a vettrod, a continuous band sealer and misc. tooling. As production increases and capacity reaches 90% utilization, this line will be duplicated. The capital required for each line is approximately $25,000 and will be capable of generating 1,000,000 in sales revenue, which represents approximately 250,000 kits processed. Outsourcing will be thoroughly evaluated on each product and process to compare internal costs and to minimize cost of goods (COG). Sterilization, cover manufacturing, machining, molding and printing will be among the services that will be outsourced. MANAGEMENT/PERSONNEL Rick L Pruter 21 Woodcrest Ln. NE Iowa City, Iowa 52240 319-339-8258 Rick L. Pruter's Career History Page 1 of 2 Feb. 96 -.Present PROTEK Int'l. Iowa City, Iowa President/CEO Consulting in Engineering/Manufacturing and Marketing. Adviser on business growth techniques. Specializes in Design and Engineering Department Documentation for FDA, ISO and CE Standards. Currently inventing several new product lines to be released in mid 1997 1990-1996 C1¥CO MEDICAL INSTRUMENTS Kalona, Iowa I~ice President/General Manager Secretary to the Board of Directors. Responsibilities included directing all departments with emphasis on Engineering Manufacturing and Engineering Sales to Original Equipment Manufactures. Involved in this company from startup, including product development, marketing and corporate strategies. 1982-1990 PRUTER DESIGNS Davenport, Iowa President- Owner Operator Designers and builders of devices, manual assist tooling and automated equipment utilizing hydraulics, pneumatics, motordrives and micro processors for controls. Contract designers for Caterpillar, John Deere, Oscar Mayer, Springfield Armory, Hewlet Packard, Micro Surface etc... Parts design, plant layouts, engineering department system setup, illustrations and operators manuals were among the projects and responsibilities. 1975-1982 Red Jacket- Division of Marlev Pump Davenport, Iowa Manufacturing and Design Engineering Responsibilities included Smooth Flow work station design and implement into the process and assembly departments. Developed manufacturing methods and standards for new product releases and current product improvements. First four years worked in the Engineering Department as a designer and draftsman. Maintained the engineering document change and release system. Page 2 of 2 Education: University of Iowa ....... Majoring in Business and International Certificate Clinton College ......... Engineering for manufacturing Associate of science Scott Community College- - Engineering fundamentals- SME Certification Program Scott Community College- - Metallurgy for Manufacturing Engineering ASTM and AIrS Standards West High ............. Drafting mechanical and architectural Clubs: Charter member Rotary International- ..... Classification Engineering Consultant Coralville/North Corridor International Business Student Association IBSA ...... University Of Iowa College of Business Outstandinff achievements Inventor of three patents currently being marketed International Travel and networking Northwestern University industrial arts award 9 hnv.g ages 9 and 7 Q3 97 Ju y, Aug., Sept. .I. ::-:ii.':!::.i:.-:'!B.b'ar.d.~'"' .... :::-.:..i:.:.:..!.i'-::'i:i:i:.O:~ :..:!:"? ::' :i..':-.:ii: :,: :i.:i:.!!:bire'c~i~i'rsii!-::/:i!. I' ..I I :.:: !.Ri'~.k:-; ¢.:; :,.P:.r..u.t..or-:.-..! ......... :' c.o. o'-.':'? ::': :'":ii.'i: :.:!..P...'!r.'~:si.'.d:e..hi-/,..CE .0. ': i '.:-.'?.:...~ :!-:i!::::i-i:i!!'.!i:'.i:::.' :.:::: ..... ' ....."" I'"':' '" .i. '. '~ ....................! ......................... ........ : ............! ......................................i .!!"!i::"Di.e:'S-i'.~i,fi:"~.?:.i.' i':! Q4-97 OCt. Nov Dec. ....... Assistant ........: ...........................: 98 Year Enc 1 , ",' '~ ,": .....Manager .......... .........'-.' .:' !~.an.~iter .'.:2.. 3'-2'.'.-'i :'Eh~jidee'~in~-.'M~ifih~a'~u}in~--] '"~'""'"' .........' .......' ......_.~i[..i.'.-.i';'~ ......... Bb~k~'t~'~i .... .,;. ,.,.. Assi~tan~ ' .-...-- ,-O~signer ......'- FINANCIALS Profit and Loss Statements and Balance Sheets Given that Protek is a new business there are no historical profit and loss statements or historical balance sheets. Business financial projections are considered confidential. Therefore, the profit and loss statement projections and the balance sheet projections for Protek have not been included in the Council packet. ATTACB14~NTD Date: August 19, 1997 Re: Fringe Benefits Offered to Employees Health: Disability: Life Insurance: AD&D: Holiday pay: Sick/Personal: Vacation: Blue Cross/Blue Shield Alliance Select(PPO) Delta Dental 90% 10% Co Pay 50% of the premiums paid by Company Short Term: 70% of earnings, 13 to 26 weeks duration Long Term: 66 2/3% of earnings, to age 65/67 One times salary up to $50,000 One times salary up to $50,000 9 days 5 days 6 months 1 week 1 year 2 weeks 5 years 3 weeks 10 years 4 weeks ATTACHMENT E STURGIS LOCATION MAP for: Protek Medical Products ATTACtR'IENT G Date: August 15, 1997 Re: Minutes of August 15, 1997 Board Meeting A board meeting for Protek Medical Products, Inc. was held today which produced the following resolutions. 1. Funds contributed to date by Rick L. Pruter will remain with the company at least through the January 1, 2000. 2. Current board of directors and corporate officers: Rick L. Pruter- President, Secretary 3. Corporation authorizes the application for CEBA funds. 4. Corporate signatory authorization is given to Rick L. Pruter to execute the CEBA application and CEBA loan documents. ATTACI~I:ENT H Date: August 14, 1997 Re: Solid or Hazardous Waste Management Plan Protek Medical Products, Inc. (PMP) is a start-up company formed to develop, manufacture and distribute medical devices aimed at diagnostic imaging professionals. Since most of what we classify as manufacturing is actually assembly, there will be virtually no solid waste produced relating to the production of materials. The handling of waste for direct production will be the responsibility of our vendors. PMP will not be handling products that contain, or will be produced or packaged, using hazard materials. The predominate source of solid waste for PMP will be office related paper and cardboard. PMP is committed to recycle all possible materials that result from our business activity. Waste volume will be monitored and a program will be set up with local vendors for our cardboard to be baled and salvaged and also for the paper to be recycled. Our employees are committed to ensuring that our environment receives maximum attention. Rick L. Pruter- President PROTEK MEDICAL PRODUCTS Joint Application for Financial Assistance City of Iowa City and Community Economic Betterment Account Funding Application for Community Economic Betterment Account (CEBA) funds requires state and local financial involvement in an economic development project. In many instances that form of local financial involvement includes financial incentives granted to the business from the City of Iowa City. Just as the State has criteria to determine the eligibility of a project, the City has guidelines we use to evaluate the appropriateness of public investment in a project (see attached). Below are a number of questions for you to answer that will help us in our evaluation. You may provide the information in the format of your choice. 1. What will be the average hourly wage for all new and existing jobs (including hourly and salaried positions) at the Iowa City facility? (Complements CEBA question number 18) Positions Average Hourly Wage Existing t~26.63 New t~10.45 Total t~ 12.68 Please provide a list of positions and hourly rates for each job classification that is existing and to be created. (Complements CEBA question number 18) Please see Attachment A Beyond the present project, what future growth potential is there for the Iowa City operation? In 5 to 7 years, we are forecasting sales in the range of $10 million by capturing existing market sales, capturing additional sales due to market growth, and through new product development. With this growth in sales we anticipate employing between 50 and 70 employees. Please describe the types of worker safety programs that would be available for your employees. We will comply with IS09001 medical manufacturer requirements as well as all OSHA requirements. Please document how much of your raw materials, supportive services, machinery and equipment, and labor will come from the eastern Iowa area. As stated in the CEBA question, 85% of the company's total operating expenditures (including wages and salaries) will be spent within the State of Iowa. Nearly all of these expenditures will take place in eastern Iowa. Please describe the energy and resource efficiency programs and waste reduction, waste exchange, and recycling programs at your Iowa City operation. (Complements CEBA question number 39) In order to maintain a control on costs, the company will regularly evaluate the efficiency of its use of energy and the resources used to make our products. Please see CEBA question number 39 regarding our plan to handle solid waste. 7, Do you use recycled materials in the production of any products or through the provision of any services at your facility? If so, please describe. No - Currently the materials that will be in our drapes and guidance systems cannot be recycled materials due to quality control reasons. The company will continue to pursue options that would include recycled materials. 8. Will the Iowa City operation develop renewable energy resources or products that conserve energy? If so, please describe. No. Our business does not involve the development of renewable energy resources or products that conserve energy. 9. Please describe your business' history of contributing tO the community through volunteer work, financial contributions, or other means. Rick L. Pruter has been involved in Rotary, coaching of Little League, and acting as a Cub Scouts leader. Protek will encourage employee participation in community affairs. The company will also provide cooperative education opportunities. Once the company has established itself, we look forward to contributing financially to community projects. 10.As with the CEBA agreement, financial assistance from the City of Iowa City requires a repayment clause in the loan agreement with the City. The repayment clause requires a prorated repayment of the financial assistance if the company does not meet its job attainment obligation, Is the company willing to enter into a loan agreement that contains a repayment clause? Yes, the company is willing to enter into a loan agreement that contains a repayment clause. cityque.ed 2 CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE 18. Cont. ATTACHMENT A LIST OF POSITIONS AND HOURLY RATE FOR CREATED AND RETAINED POSITIONS (Use Additional Sheets if Needed) , No. Hours Create Retain Position Title Per Week 14 -- Production 40 1 -- Production Supervisor 40 1 -- Shipping Lead 40 2 -- Buyer 40 3 -- Designers 40 3 -- Admin. Asst./Clerical 40 1 -- Office Manager 40 -- 2 ISO CE FDA Asst./Designer 40 -- 1 CEO 40 -- 1 CFO 40 PAGE 8 Hourly Rate of Pay $8.00 $12.00 $12.00 $14.42 $19.23 $1o.oo $14.42 $17.18 (avg.) $41.66 $31.25 Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240; 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: Kevin Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 97-287 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, the parties have extended said agreement to August 31, 1 997. WHEREAS, ongoing negotiation for FY98 paratransit service has produced the need for a third extension to the FY97 Agreement; and WHEREAS, Section IV "Duration" of the FY97 Agreement permits an extension of the Agreement by mutual agreement of the parties; and WHEREAS, representatives of the City of Iowa City and Johnson County have negotiated a third extension of the FY97 Agreement for a period of thirty (30) calendar days to September 30, 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 Cierk 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 26th day of August ,1997. CITY'CLERK MAYOR roved by City Attorney's Office jccogtp\res\paratra4.doc Resolution No. 97-287 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X 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, the parties have extended said agreement to August 31, 1997; and WHEREAS, ongoing negotiations for FY98 paratransit service have produced the need for a third extension to the FY97 agreement; and WHEREAS, Section IV, "Duration,~ of the FY97 agreement permits extensions of the current agreement 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 (30) calendar days to September 30, 1997. For the extension of the FY97 paratransit service agreement from September 1, 1997 to September 30, 1997, Johnson County shall be reimbursed 847,182 by the City of Iowa City. All fares collected over 82,§67 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. By: CITY OF IOWA CITY, IOWA Naokni J. N~/ick, LMayor By: ATTEST: /~OHNSON CO,~NTY~, IOWA · Sally Stut~'man, Chairperson Board of Supervisors County Auditor City Attorney's Office Page 2 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~b~k day of ~.~ , 19 q~7 , before me, ..~ct~_ -~----o~-Y , 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. ~'7-o~r) passed by the City Council, on the ~ ~ day of ~-C~-~7-- , 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 JOHNSON COUNTY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Onehis ~" ~ day of ~.~.~;~_~~.~ , 19 ~ 7 , before me, ~--~ /J~'~..Z~-- ' , ~ Notary Public in and for the State of Iowa, personally 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 contained in the Motion adopted by the Board of Supervisors, on the .~-~- day of . ~,~'~ , 1 9~;~?-- , and Sally Stutsman and Tom Slockett acknowledge the exe(~btion 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 jccogtp\agt\paratr4.doc PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES ]V~OINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 OCTOBER 17, 1997 MARIAN K. KARR CITY OF IOWA CITY 410 E WASHINGTON ST. IOWA CITY, IA. 52240-1826 RE: Filing of 28E Agreement between the CITY OF IOWA CITY, IOWA and the JOHNSON COUNTY, IOWA 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 OCTOBER 17, 1997. Sincerely, Paul D. Pate Secretary of State PDP/mdb Enclosures Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-.5138 RESOLUTION NO. 97-288 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, the City Parking Division will charge the University the per diem rate established by the City for each metered parking stall unavailable to the general public due to construction activities; 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 10wa 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 rights-of-way will be temporarily closed during the dates shown and as needed for short durations. Short durations are defined as periods not exceeding two days. North 26-feet of Iowa Avenue between Dubuque Street and Clinton Street (7/97-7/99). This includes three (3) parking spaces and up to an additional six (6) parking spaces as needed for short durations. Resolution No. Page 2 97-288 North 26-feet of Iowa Avenue between Dubuque Street and Linn Street (10/97 through 10/98). This includes fourteen (14) parking spaces. East 29-feet of Dubuque Street between Iowa Avenue and Jefferson Street (10/97-8/00). This includes the closure of the easternmost northbound lane. There is currently no parking along this segment; therefore no parking is removed. South 42-feet of Jefferson Street between Clinton Street and Dubuque Street (7/97-7/98). This includes up to four (4) parking spaces as needed for short durations. The Iowa City Parking Division will charge the University the per diem rate established by the City at that time for each metered parking stall inaccessible to the general public due to this project's construction activities including blocked spaces from contractor's vehicles, material delivery vehicles, or closed portions of rights-of-way. 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 Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: 26th day of August X X X X X X X Passed and approved this Baker Kubby Lehman Norton Novick Thornberry Vanderhoef , 1997. ATTEST:/~f~ CITY CLERK MAYOR CTty Attorney's Office Prepared by: Jeff McClure, Civil Engineer, City of Iowa City, 410 E. Washington St., Iowa City, IA 522z~0 (319)3§6-5138 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, the City Parking Division will charge the University the per diem rate established by the City for each metered parking stall unavailable to the general public due to construction activities; 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 Iowa 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. o 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 2 of City right-of-way, as indicated in Attachment A, will be done to minimize interference with traffic flow along the affected streets. 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 clai'ms 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 (1 997), 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 the following public rights-of-way will be temporarily closed during the dates shown and as needed for short durations. Short durations are defined as periods not exceeding two days. North 26-feet of Iowa Avenue between Dubuque Street and Clinton Street (7/97- 7/99). This includes three (3) parking spaces and up to an additional six (6) parking spaces as needed for short durations. North 26-feet of Iowa Avenue between Dubuque Street and Linn Street (10/97 through 10/98). This includes fourteen (14) parking spaces. East 29-feet of Dubuque Street between Iowa Avenue and Jefferson Street (10/97-8/00). This includes the closure of the easternmost northbound lane. There is currently no parking along this segment; therefore no parking is removed. 3 South 42-feet of Jefferson Street between Clinton Street and Dubuque Street (7/97-7/98). This includes up to four (4) parking spaces as needed for short durations. 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. 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. The Iowa City Parking Division will charge the University the per diem rate established by the City at that time for each metered parking stall inaccessible to the general public due to this project's construction activities including blocked spaces from contractor's vehicles, material delivery vehicles, or closed portions of rights-of-way. 12. 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 J~'~' day of ~..~-~~ , 1997. CITY OF IOWA CITY, IOWA STATE UNIVERSITY 0F IOWA By Naomi g~. No~vick, Mayor Mf~negan, Uni~-r~ity Business Mgr.. Marian K. K'arr, City Clerk A~,oved by: City Attorney's Office STATE OF IOWA JOHNSON COUNTY ) ) SS: ) On this ~'z~ day of ~. , a Notary Public in , 1997, before me, 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. ~?q- o~ ~'~' passed by the City Council, on the ~, ~ day of -/~u.s-~ , 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 On this /~'~-- day of personally appeared Mike ) ) SS: ) inn g~an, Univ , A.D. 1997, before me, a Notary Public, ersity 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. pwadmin\agt\iowadubu.wp5 Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 3§6-§131 RESOLUTION NO. RE~ DUBUQUE ING THE EXE OF IOWA. TEMPORARILY CLOSING PORTIONS OF IOWA REET AND JEFFERSON STREET RIGHT-OF-WAY AND UTION OF AN AGREEMENT FOR TEMPORARY USE BETWEEN THE CITY OF IOWA CITY AND THE WHEREAS, the Universit' Biological Sciences Ren. be undertaking the construction and and Replacement -- Annex and of the University Building; and WHEREAS, the University an, ;ity desire to secure the and vehicular traffic, while wc ing East and West of Street and Iowa Avenue and als~ o provide construction for construction equipment and in order to co site against pedestrian ue Street between Jefferson access and on-site storage the facilities; and WHEREAS, the parties acknowled~ construction site at a properly safe property; and the City's a ~tance frol University's need to assure a safe so as not to endanger lives or WHEREAS, an agreement for the temp~ conditions has been prepared and is artact use of public right-of-way containing such to this resolution. NOW, THEREFORE, BE IT RESOLVED IOWA, THAT: ;ITY COUNCIL OF THE CITY OF IOWA CITY, It is in the public interest t Iowa Avenue, Dubuque assure a safe constructi safety. temporarily se portions of sidewall( and street along and Street in Iowa City, Iowa in order to site for the Univ. iity of Iowa and thereby ensure public The following publi right-of-way will be tern dates shown: closed during the approximate North (7/97- Nc of Iowa Avenue between Iowa Avenue between Linn uque Street and Clinton Street et and Dubuque Street (1 0/97- E. 29-feet of Dubuque Street between Iowa /00). 42-feet of Jefferson Street between Cli (7/97-7/98). venue and Jefferson Street .treet and Dubuque Street Resolution No. Page 2 The easement agreement for use of public right-of-way al hereto is hereby appro as to form and content, and the Mayor is hereb' to execute and the Clerk to attest the Easement Agreement for and behalf of the City of Iowa City for in the Johnson County Recorder's at University expense. It was moved by adopted, and upon roll and seconded by ]11 there were: AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Passed and approved this day o , 1997. ATTEST: CITY CLEy pwadmin\re )roved b ~/~_. :ity Attorney's Office Prepared by: Jeff McClure, Civil Engineer, City of Iowa City, 410 E. Washington St., Iowa City, (319)356-5138 EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEE CITY OF IOWA CITY AND THE UNIVERSIT' IOWA FOR SORTION OF IOWA AVENUE, DUBUQU[ AND JEFFERSON STREET, IOWA CITY This Easement Ag to as "University," and referred to as "City." made by and between the U~ of Iowa City, Iowa. of Iowa, hereinafter referred municipal corporation, hereinafter WHEREAS, the University will be ~dertaking the and expansion of the University Biological Sciences Renovation Replaceme -- Annex and New Building; and WHEREAS, the University and City and vehicular traffic, while working Street and Iowa Avenue and also to pr¢ for construction equipment and mater the construction site against pedestrian West of Dubuque Street between Jefferson ~ construction vehicle access and on-site storage in order to construct the facilities; and WHEREAS, the parties acknowledc construction site at a properly saf property; and :ity's and University's need to assure a safe from traffic, so as not to endanger lives or WHEREAS, an easement a Street and Jefferson Street negotiated. for the tei right-of-wa' ~orary use of the Iowa Avenue, Dubuque g certain conditions has been NOW, THEREFORE, in mut~ consideration of the the City of Iowa City agr~ as follows: ses herein, the University of Iowa and The University o will be undertaking .'tion of the Biological Sciences Renovation and .~placement -- Annex and New . In order to facilitate the safe execution of sai construction, and to secure the ~'tion site from pedestrian and vehicular traff the University has requested the City permit temporary use and allow ternpot closure of portions of Iowa Avenue, lque Street and Jefferson Street right-~ as indicated on Attachment A. = In conside] of the City's permission herein to temporardy~lose a portion of City sidewalk..~ street along Iowa Avenue, Dubuque Street and Jeff~r~son Street during the construci!( of the Biology Annex and New Building, the University~grees to secure its constru~ti( site against pedestrian and public traffic by providing adequate traffic controy by providing adequate signage, and by fencing all open exca~tions while the contr~.t~r is not working, thereby ensuring public safety and a safe coh~uction site. In c~hsideration of the University's promises herein, the City agrees to allow'~(~mporary traffic flow along the west side of Clinton Street. 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 condition certain signage necessary to a. route is. b. provide advance ~rning. c. provide for the and predictable movement of traffi~. All signage shall be in ~ce with the Federal Highwa' Uniform Traffic Control Devi~ tion Manual on The University agrees to assume )onsibility for thisreement and any claims arising out of this agreement, including and/or li~ which might arise as a result of the decision to permit of the Biol~ Annex and new building in and along Iowa City's Iowa Avenue, ue Jefferson Street right-of-way to the full extent permitted by Chapter of Iowa (1 997), entitled "State Tort Claims," and according to the procedur~ orth therein. The University agrees to assume responsi ty for property losses and personal injuries and claims of such damages arising out use of the Iowa Avenue, Dubuque Street and Jefferson Street right-of-way note which injuries or losses are incurred by reason of the negligence of the Uniw or agents or employees to the full extent permitted by Chapter 669, Code Iowa (1 Z), entitled "State Tort Claims," and according to the procedures set therein. After the University's construc' is complete, all portions of the sidewalk a~ street within the Cit~ tion condition, to the City' complete satisfaction. Easement for use of public ht-of-way and the tempo street, City and the agree this Temporary described below: agrees to restore any and ht-of-way to the pre-construc- lith respect to this Temporary ry closure of the sidewalk and shall be in effect as North 26-feet o )wa Avenue between Dubuque Stre~ 7/99). North 26-fe~ 8/00). East 29-fi (10/97-8 South (7/97- Iowa Avenue between Linn Street and of Dubuque Street between Iowa Avenue of Jefferson Street between Clinton Street and Clinton Street (7/97- ue Street (10/97- Jefferson Street Jbuque Street The actua¢ and reopening of the areas identified above and in Attachm'~e.~t 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 rer the obstruo- tions, barricade signage, and the cost thereof shall be billed t~ University for payment to City. 10. The University ;dges and agrees that no property ri. conferred by this grant of permission to use )ublic right-of-way; that the Cit, not empowered to grant a permanent use of its Iht-of-way for purposes oth. right-of-way; and, in addition to paragraphs (7) and eight (8), that th~ may order said temporary use terminated at any time for any reason, the Council determines that the property is needed for a public and should be of any and all obstructions, as provided by state law. 11. This Agreement shall constitute as ing upon and shall inure to the ber and assigns of both parties. with the land, and shall be bind- heirs, successors in interest, Dated this day of ,1997. CITY OF IOWA CITY, IOWA UNIVERSITY OF IOWA By Naomi J. Novick, Mayor By innegan, University Business Mgr. Attest: Marian K. Karr, Cit' Approved by: City Attorney's Ot :e STATE OF IOWA JOHNSON COUNTY ) ) SS: ) On this day of , 1997, before me, , a Notary Public in and for the State e appeared Naomi J. Novick and Marian K. Karr, to me personally know[ me duly Iowa City, corporation, authority of its Council, on the and Marian K. Karr and deed and the personally who, being by did say that they are the Mayor and City Clerk, res of the City of that the seal affixed to the foregoing instrument i,, corporate seal of the ~at the instrument was signed and sealed on of the corporation, by as contained in Resolution No. passed by the City day of , 1 and that Naomi J. Novick owledged the execution of the in,, ument to be their voluntary act act and deed of the corporal by it voluntarily executed. STATE OF IOWA JOHNSON COUNTY On this day of personally appeared Mike Finnegan, Ui to me personally known and who by the foregoing instrument to which th the execution of said instrument t< deed of the State University of I( his Public in and for the State of Iowa ,A.D. 1997, before me, a Notary Public, · sity Business Manager, State University of Iowa, sworn, did say that he is authorized to execute dedgement is attached, and who acknowledged ntary act and deed and the voluntary act and pwadmin\agt\iowadubu.wp5 Nora unty and State PH HA 80' / 07/97 THRU 07/98 .J ..) k__, I 07/97'"'T~RU 07/99 110' IOWA AVE. 130' ,,, JEFFERSON ST~ ROAD RIGHT-OF-WAY I /~ -' --'--.~,'L _/_;:_. ~ ~ ....- ROAD RIGHT-OF-WAY Scale: 1"= 60' ALLEN H ALL 10/97 THRU 08/00 231' 2 of City right-of-way, as indicated in Attachment A, will be done to minimize interferen[ with traffic flow along the west side of Clinton Street. ~,consideration for the University's promises herein, the City agrees to the Ur~ersity to temporarily erect a barricade twenty-nine feet (29') off the y line~djacent to the University's property along the east edge of ,, Street and twenty~ix feet (26') off of the north edge of Iowa Avenue. , The University also agrees to provide, keep in place, and mainl in good working condition ~in signage necessary to ~ a. route pe~,strians. / b. provide ad~,~,ce warning. / provide for the~ orderly and predictable movem. of traffic. All signage shall be Uniform Traffic :cordance with the Feder Highway Administration Manual on ~evices. The University agrees to ~me responsibilil for this agreement and any claims arising out of this agreement, g any claim liability which might arise as a result of the decision to permit Iruction Biology Annex and new building in and along Iowa City's Iowa Avenu~ e Street and Jefferson Street right-of-way to the full extent permitted by Code of Iowa (1997), entitled "State Tort Claims," and according to the pro, ures set forth therein. The University agrees to assum~ and claims of such damages a and Jefferson Street right-o~ reason of the negligence o' Uniw permitted by Chapter Code of according to the set forth nsibility for property losses and personal injuries of its use of the Iowa Avenue, Dubuque Street 9rein, which injuries or losses are incurred by ~r its agents or employees to the full extent 997), entitled "State Tort Claims," and After the University' all portions of the tion condition, t. Easement for u', street, City temporarily durations n is complete, University agrees to restore any and and street within the right-of-way to the pre-construc- :he City's complete satisfac~ respect to this Temporary of public right-of-way and the tem ry closure of the sidewalk and the University agree the following ublic rights-of-way will be during the dates shown and as short durations. Short defined as periods not exceeding two days. N 26-feet of Iowa Avenue between Dubuque Street This includes three (3) parking spaces and up to spaces as needed for short durations. Street (7/97- additional six (6) North 26-feet of Iowa Avenue between Dubuque Street and through 10/98). This includes fourteen (14) parking spaces. (10/97 East 29-feet of Dubuque Street between Iowa Avenue and Jeffer (10/97-8/00). This includes the closure of the easternmost nort There is currently no parking along this segment; therefore no parking is )n Street d lane. ~oved. Prepared by: Dennis Gannon, Asst. Civil Engr., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 97-289 RESOLUTION AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE WOOLF AVENUE BRIDGE RECONSTRUCTION PROJECT. WHEREAS, the City of Iowa City has undertaken a project to reconstruct the WooIf Avenue bridge, which spans over Highway 6 and the CRANDIC Railroad, and the WooIf Avenue pavement located between Newton Road and Bayard Street, which project is known as the WooIf Avenue Bridge Reconstruction Project; and WHEREAS, the City of Iowa City will receive Federal Aid Highway Bridge Replacement and Rehabilitation (HBRR) Program funding in the amount of 80% of bridge construction costs or $850,000, whichever is less; and WHEREAS, the project includes the removal and replacement of the existing WooIf Avenue bridge with a structure that will have a 28' roadway width between barrier rails and 8' wide sidewalks, the removal and replacement of the existing 25' wide WooIf Avenue pavement between Newton Road and Bayard Street with a like width pavement section along with the removal and replacement of sidewalks, and the installation of a new water main and storm sewer facilities; and WHEREAS, the City Council has been advised and has determined that the acquisition of temporary construction easements is necessary for construction of the improvements included in the project; and WHEREAS, the City consultant, NNW, Inc., of Iowa City, has determined the location of the necessary temporary construction easements; and WHEREAS, City staff should be authorized to acquire said 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 temporary construction easements for the construction of the improvements included in the WooIf Avenue Bridge Reconstruction Project and acquisition of said easements constitutes a valid public purpose. The City Manager or his designee is hereby authorized and directed to negotiate the purchase of temporary construction easements for the construction of the improvements included in the WooIf Avenue Bridge Reconstruction Project. Resolution No. 97-289 Page 2 In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute Temporary Construction Easement Agreements for recording in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary actions to complete said transactions, as required by law. ,. In the event temporary construction easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such easements. Passed and approved this 26th day of August ,1997. ATTEST: ~,'~ CITY'CLERK MAYOR City Attorney's Office It was moved by Norton and seconded by be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X X g:\data\wpdata\pwen g',res',woolrbr2.d oc Kubby the Resolution Baker Kubby Lehman Norton Novick Thornberry Vanderhoef DEFEATED Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS, WHEREAS, Peterson Contractors, Inc. of Reinbeck, Iowa has submitted the lowest responsible bid of t~257,400.00 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: That the contract for the construction of the above-named project is hereby awarded to Peterson Contractors, Inc. subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this day of , 1 9 ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR pweng\res\wil]crek.doc and seconded by A~_~ _ .~d by. n,,~ City Attorney's Office AYES: NAYS: ABSENT: X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: To: From: Re: August 21, 1997 Steve Atkins Rob Winstead tgffgj Willow Creek Trail - Recommendation Not to Award As you are aware, only one bid was received for this project which was 22% higher than the estimate (bid: $257,400- estimate: $211,000- difference: $46,400). Staff recommends that we do not award a contract, but rather re-bid the project this Winter for the following reason: Only one bid was received and even after reexamining our estimate, the bid still appeared too high to recommend award. We can reexamine and clarify some of the bid items, continue to negotiate the Aspen Lake easement, and re-bid the project this Winter with a Spring start date. A December letting may attract more bidders. CO; Chuck Schmadeke Terry Trueblood Dennis Mitchell John Yapp ADVERTISEMENT FOR BIDS WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS 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 19th day of August, 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 the 26th day of August, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: Construction of an asphalt recreational trail including 3,831 s.y. ACC pavement, 102 s.y. PCC sidewalk, 2 pre-engineered truss bridges, 32 c.y. structural concrete, 2,697 c.y. Class 10 excavation, 212 I.f, of various size storm sewer/culvert, 320 s.f. modular retain- ing wall, and associated work. All work is to be done in strict compliance with the plans and specifications prepared by Landmark Surveying & Engineering, Inc. of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, AF-1 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 f'rfteen (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- 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) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 40 Late Start Date: September 2, 1997. Liquidated Damages: $250 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 the City Engineer, Iowa City, Iowa, by bona fide bidders. A $20 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 the City of Iowa City, Iowa. 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. AF-2 A listing of minority contractors can be ob- tained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with re- spect to bidders who are not Iowa residents. The City reserves the dght 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 Prepared by: Terry Trueblood, Parks & Recreation Director, 220 S. Gilbert, iowa City, IA 52240, 319-356-5100 RESOLUTION NO. 97-290 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE NAPOLEON PARK SOFTBALL FENCING PROJECT. WHEREAS, D & N Fence Co. has submitted a bid of t~55,975 for the completion of the above-named project; and; WHEREAS, said bid has been recommended for award by the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract for the above-named project is hereby awarded to D & N Fence Co., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for 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 26th day of Auqust , 1997. ATTEST: ~,.-~_~ ~ CITY-CLERK MAYOR City Attorney's Office parksrec\res\naposof2.doc Resolution No. 97-290 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X x Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ADVERTISEMENT FOR BIDS NAPOLEON PARK SOFBALL FIELD FENCING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 19th day of August, 1997, and shall be received in the City Cterk'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 the 26th day of Au- gust, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: Fencing Eight (8) Softball Fields All work is to be done in strict compliance with the plans and specifications prepared by Mike Moran, of the City of Iowa City, 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- 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 one (1) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: Any - Must finish by March 1, 1998 Liquidated Damages: $100.00 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 specifi- cations and form of proposal blanks may be secured at the Office of City Clerk, Iowa City, Iowa, by bona fide bidders. 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 can be ob- tained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with re- spect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by: Jim Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 97-291 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY CIVIC CENTER FRONT ENTRANCE RENOVATION PROJECT WHEREAS, MBA Concrete, Inc. of North Liberty, Iowa has submitted the lowest responsible bid of 868,533.00 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 MBA Concrete, Inc. subject to the condition that awardee secure adequate perfor- mance 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 26th day of August , 1997. City Attorney's Office MAYOR It was moved by Norton and seconded by adopted, and upon roll calltherewere: Lehman the Resolution be AYES: NAYS: ABSENT: X X X X ¥ X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\res\ccrenov.wp5 ADVERTISEMENT FOR BIDS IOWA CITY CIVIC CENTER FRONT ENTRANCE RENOVATION Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 19th day of August, 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 the 26th day of gust, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: Replacement of cracked and crumbling concrete steps and sidewalk, replace- ment of non-ADA compliant handrails and curb ramp, replacement of splinter- ing wood benches and replacement of planter at Civic Center front entrance. All work is to be done in strict compliance with the plans and specifications prepared by the City Architect 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- 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) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 50 Specified Start Date: September 9, 1997 Liquidated Damages: $100.00 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 specifi- cations and form of proposal blanks may be secured at the Office of the City Engineer, Iowa, by bona fide bidders. A $25.00 refundable (provided plans and specs are returned in good condition within 30 days of bid date) fee is required for each set of plans and specifications provided to bidders or other inter- ested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. 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 can be ob- tained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with re- spect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon .order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK pweng~frontVenov. afb AF-2 Prepared by: Terry Trueblood, Parks & Recreation Director, 220 S. Gilbert, iowa City, IA 52240, 319-356-5100 RESOLUTION NO. 97-292 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE REMOVAL AND REPLACEMENT OF THE ROOF AND INSULATION ON THE CIVIC CENTER WHEREAS, Maintenance Associates has submitted a bid of 862,399 for the completion of two sections of the above-named project; and; WHEREAS, said bid has been recommended for award by the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract for the above-named project is hereby awarded to Maintenance Associates, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for 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 26th day of August ,1997. ATTEST: CIT~CEERK.. MAYOR Approved by City Attorney's Office parksrec\res\civicct3.doc Resolution No, 97-292 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornbetray the Resolution be AYES: NAYS: ABSENT: X X X X , X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ADVERTISEMENT FOR BIDS CIVIC CENTER ROOF PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 19th day of August, 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 the 26th day of Au- gust, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: Reroofing levels A, B, C and D with a 2- ply polymer modified bitumen system. Asbestos abatement of asbestos containing roofing materi- als is also required. All work is to be done in strict compliance with the plans and specifications prepared by Mike Moran of the City 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- 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 AF-1 parksreCroof,nph 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: Working Days: Level A - 35 days Level B - 50 days Level C - 20 days Level D - 40 days Liquidated Damages: $100 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of VanWinkle-Jacob Engi- neering, Inc. of Coralville, Iowa, by bona fide bidders. A $40 non-refundable fee is required for each set of plans and specifications provided to bid- ders or other interested persons. The fee shall be in the form of a check, made payable to VanWinkle-Jacob Engineering. 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 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 Reciprocal Preference Act, Section 23.21, Code of Iowa (1991), 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-2 Prepared by: Machele Wiebel, Personnel Geaeralist, 410 E. Washington St., Iowa City, IA 52240 319-356-5025 RESOLUTION NO 97-293 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT BY ADDING TWO FULL- -TIME SPECIAL PROJECTS INSPECTOR POSITIONS. WHEREAS, Resolution No. 97-73, adopted by the City Council on March 4, 1997, authorized permanent positions in the Engineering Division for FY98; and WHEREAS, the City Council deems it in the public interest to have on-site project construction management services provided by City employees within the Public Works Department; and WHEREAS, to provide improvements to the Inspector positions. construction management services for special projects related to City's infrastructure, it is necessary to add two Special Projects NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The budgeted positions in the Engineering Division of the Public Works Department be amended by the addition of two full-time Special Project Inspectors, AFSCME pay grade 1 1. Passed and approved this 26th day of August ,1997. ATTEST: ~.~~,~ ~ CITY'CLERK humanrel\res\specproj.doc MAYOR Resolution No, 97-293 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDUM August 14, 1997 To: Steve Arkins From: Chuck Schmadeke Re: Construction management and inspection of water and wastewater facility projects. If you will recall, Tim Randall was appointed Special Projects Manager about eighteen months ago for the purpose of managing the South River Corridor Sewer Project and the Napoleon Park Pump Station Project. These two projects are scheduled for completion by December, 1997. In addition to Tim Randall, two project inspectors, Shaun Bradbury and Bruce Hayes are providing on-site inspection. Utilizing City staff personnel to manage these projects has resulted in excellent construction work by the contractor, the use of materials that meet or exceed specifications and a minimum of extra work orders. Also the total cost of project management utilizing City staff is less than one-half the cost of utilizing engineering consultants. Since this "in-house" project management experience has been so successful, I am convinced the City would benefit equally from utilizing Mr. Randali's construction management team on the several upcoming wastewater facility and water facility projects. These projects include the Scott Blvd. Trunk Sewer Project (award August, 1998), the Willow Creek Interceptor Sewer Project (award January, 1998), all future water facility projects (awards beginning in late fall of 1997) and the South Wastewater plant improvements (award January, 2000). In addition, the East-West Arterial (award January, 1998) can be added to this list. However, in order to assume the construction management services required for these additional projects, two additional project inspectors will be required at an annual cost of +/- $92,000. Public Works recommends hiring the additional inspectors. The inspectors' positions will be consistent with that of the two inspectors currently under Tim Randali's supervision. The total cost of the above listed "special projects" is estimated at $75,000,000. Total construction management cost utilizing "in house" staff will be approximately 4.2% of construction cost. This compares very favorably with the cost of utilizing consultants. Consultant costs average 10% of construction cost.