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HomeMy WebLinkAbout1997-10-07 ResolutionPrepared by: Terry Trueblood, Parks & Recreation Director, City of Iowa City, 410 E. Washington St., Iowa City, IA (319) 356-5110 RESOLUTION NO. 97-337 RESOLUTION NAMING THE NEW GYMNASIUM COMPLEX AT MERCER PARK THE JAMES P. SCANLON GYMNASIUM. WHEREAS, the Iowa City Parks and Recreation Foundation has led a successful fund raising campaign to assist with the construction of a gymnasium addition to the Mercer Park Aquatic Center; and WHEREAS, the largest contributor to the campaign is the George H. Scanlon Foundation; and WHEREAS, the George H. Scanlon Foundation has demonstrated its community spirit by contributing to many charitable causes in the Iowa City area; and WHEREAS, the Board of Directors of the George H. Scanlon Foundation requests that the gymnasium addition be named in honor of James P. Scanlon; and WHEREAS, the Iowa City Parks and Recreation Foundation recommends that this new public facility be named the James P. Scanlon Gymnasium. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The name of said facility shall be "James P. Scanlon Gymnasium." Passed and approved this 7th day of October ,1997. ATTEST: CIdCLERK parksrec\res\mercer.d oc MAYOR'~,~ (~, '~'/~ ~ Ap. ro~ d y. A~A City Attorney's Office Resolution No, 97-337 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 RESOLUTION NO. 97-338 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: Grizzly's - 1210 Highland Court It was moved by Lehman and seconded by as read be adopted, and upon roll callthere were: Vanderhoef that the Resolution AYES: NAYS: ABSENT: 7th day of October X X X X X X X Passed and approved this Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ,19 97. ATTEST: CIT~ ~. MA"rf,,O R r~~/iy City Attorney's Office a\danceprm.res Prepared by: Liz Osborne, Housing Rehab.. 410 E. Washington St., Iowa City, IA 52240 (319) $56-5246 RESOLUTION NO. 97-339 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIENS ON THE PROPERTY LOCATED AT 628 SECOND AVENUE, IOWA CITY, IOWA WHEREAS, on May 29, 1992 the property owner of 628 Second Avenue received a loan in the amount of 85,048.16 from the City of Iowa City and executed various documents to secure said loan; and WHEREAS, these documents created a lien against the property; and WHEREAS, the balance of 83,281.30 was paid off on September 19, 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 628 Second Avenue, Iowa City, Iowa from the Statement of Life Lien recorded on June 19, 1992 in Book 1389, Page 293, the 10-Year Depreciating Promissory Note recorded on June 19, 1992 in Book 1389, Page 294, the Disclosure Statement, Promissory Note and Statement of Life Lien recorded on February 5, 1990 in Book 1103, Pages 111 through 113, and the Financing Statements (UCC2) recorded on May 13, 1991 in Book 1229, Page 338 and (UCC4) recorded on May 2, 1996 in Book 2075, Page 74 of the Johnson County Recorder's Office. 2. The Community Development Coordinator is authorized to sign and file any termination statements necessary to terminate said Financing Statements. Passed and approved this 7th day of October ,1997. MAYOR '~e..¢~ ATTEST:cI~ ~' ~'~-~ p r~y~. City Attorney's Office ppd rehab/res~628-2nd.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: West ½, Lot 5, Block 3, East Iowa City, Iowa, according to the recorded plat thereof, from an obligation of the property owner, Aric A. Graf Estate, to the City of Iowa City in the principal amount of 85,048.16 represented by a Statement of Life Lien recorded on June 19, 1992 in Book 1389, Page 293, the l O-Year Depreciating Promissory Note recorded on June 19, 1992 in Book 1389, Page 294, the Disclosure Statement, Promissory Note and Statement of Life Lien recorded on February 5, 1990 in Book 1103, Pages 111 through 113, and the Financing Statements (UCC2) recorded on May 13, 1991 in Book 1229, Page 338 and (UCC4) recorded on May 2, 1996 in Book 2075, Page 74 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. /~roved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ '~ day of 0c~L~- , A.D. 19 J?~/ , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City~. ouncil, as contained in Resolution No. c~?_ :~3~ , adopted by the City Council on the 7 ~- day o~ ~)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/628-2nd.doc Notary Public in and for Johnson County, Iowa Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142 RESOLUTION NO. 97-340 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER .AND WATER MAIN PUBLIC IMPROVEMENTS FOR LOT § OF WALDEN SQUARE, PART 2. 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 and water main improvements for Lot 5 of Walden Square, Part 2 as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Engineer's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 7th day of 0ctobe~ , 1997. It was moved by Lehman adopted, and upon roll call there were: and seconded by Vanderhoef the Resolution be pweng\res/waldensq.doc AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY September 29, 1997 Honorable Mayor and City Council Iowa City, Iowa RE: Lot 5 of Walden Square, Part 2 Dear Honorable Mayor and City Councilpersons: I hereby certify that the construction of the sanitary sewer and water main public improvements for Lot 5 of Walden Square, Part 2 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 and water main improvements constructed by Maxwell Construction, 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 · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 ""5 Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 97-341 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT AND WATER MAIN EASEMENT AGREEMENT FOR WALDEN SQUARE, CITY OF IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, Southgate Development Company, Inc. submitted a site plan for development of Lot 5 in Walden Square, Iowa City, Iowa; and WHEREAS, under said plan, a sanitary sewer line and water main were installed to service the additional development within the subdivision, and certain easement rights must be acquired to ensure the continued operation of the public infrastructure; and WHEREAS, City staff has approved the location of the proposed sanitary sewer and water main providing service to this lot and development; and WHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Sanitary Sewer Easement Agreement and Water Main Easement Agreement for Lot § of Walden Square, Iowa City, Iowa. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreements in the Johnson County Recorder's Office at the expense of Southgate Development Company, Inc. Passed and approved this 7th day of October , 1997. · "---- CITY CLERK Prepared by: Charles A. Mullen, 321 E. Market Street, Iowa City, IA 52244 - Phone (319) 354-1104 52244 SANITARY SEWER EASEMENT AGREEMENT WALDEN SQUARE THIS AGREEMENT, made and entered into by and between Southgate Development Company, Inc. (Owner) which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus otlfier valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as Sanitary Sewer Main Easement on the attached Sanitary Sewer Easement Plat. Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for' such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area whj.ch now or hereafter in the opinion of the City may be a hazard to said ease'm~ent area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within or outside the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the -2- negligent exercise of the easement rights by the City. provided herein, the City shall have no responsibility easement area. Except as expressly for maintaining the Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement area. City reserves the right to remove any trees, buildings, fences or other structures erected within the Easement Area without compensation. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the Sanitary Sewer line covered by this easement. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said sewer line. Parties agree that the obligation to install the sanitary sewer line herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion, by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns' of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this ? day of bc._¢_.o,b~_,-' , 1997. f- ) ,,,';.~:.... ............ SOJTH~E DE~PMENT COMP=~: INC. .=, IOWA ( Mvl~s N. Braverman, Pres~de~ ... ... OITY OF IOWA OITY, IOWA Mayor ATTEST: City '~ -3- STATE OF IOWA ) county 1 On this ~5~ day of in a d~t , 1997, before me, the undersigned, a Notary Public ate of Iowa, personally appeared Myles N. Braverman to me personally known, who being by me duly sworn, did say that he is the President of the corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Myles N. Braverman as such officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. ~ ~~M~'~--L] M o R RoW "="~ MISSION EXPIRES] Notary Public in and for said State STATE OF IOWA COUNTY OF JOHNSON On this day of Oc__J~ Ae ,,' , 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said State N 90'00'00" W 684.00' Existing 10' --~ sanitary sewer easement o ~o --20.00' I Lot 5 , S8.6'31' 25"_W__. Lu 209,359 sq.ft * 4.806 Acres . ¼ F b ~ of 20' sanitar o sewer main /.2' J ~J u existing 10 water main easement o o S 90"00'00" W - 451.00' S 89'46'29" W - 233.00' Lot 4 Lot 5 LEGAL DESCRIPTION: A strip of land 20 feet wide, 10 feet on each side of the following described centerline, located in Lot 5, Walden Square, Part 2, Iowa City, Iowa as recorded in Plat Book 55, Page 226, of the Johnson County Recorder's records. Beginning on the east line of Lot 5 Walden Square, Part 2, at a point NOO'13'31"W - 156.88 feet from the SE corner thereof. thence, S86'51'25"W - 186.90 feet along said centerline to the end of this easement. CERTIFICATION: I hereby certify that this plan was prepared by me or under my direct supervisioin and that I am a duly licensed Professional En9ineer and Surveyor practicin9 under the laws of the Stae of Iow(]. My current re9istration expires December ,31, 1997. Ralph Staffer, PE & LS 6709 date Subscribed end sworn to before me by Ralph Staffer on this /! ~ day of _~,4z~,¢., 1997. s I SURVEYING AND ENGINEERING 5:35 SOUTHGATE AVENUE IOWA CITY, IOWA 52240 PHONE (319) 554-1984 TITLE Sanit(~ry Sewer Easement Plat PROJECT Lot 5 WGIden Square, Part Iow(] City, Iowa 2 SCALE 1" = 100' DATE 8/1/97 JOB NO, ~202-48 SHEET 1 of 1 WATER MAIN EASEMENT AGREEMENT WALDEN SQUARE PART 2 THIS AGREEMENT, made and entered into by and between Southgate Development Company, Inc., (Owner) which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owners hereby grant and convey to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the ten (10) foot strip as shown and described on the attached Easement Plat, hereafter referred to as "easement area". Owner further grants to the City: 1. The right to grade said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. -2- Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Owner shall not erect or construct any building, fence, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement area. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part hereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original water line. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said water line. Parties agree that the water line shall be installed in accordance with City specifications, and the obligation to install the water line shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this I day of ~c.-(-~,/.~_¢ , 1997. ' S TE D'E~ 0 P M E>~mP'~'~ C. ., I / ~ ~ ~ ..' '~ ~ Myles N. Braverman,~r~dent .¢ ¢ ~ '... ,..' '111llll I I I J Jl 01~ OF IOWA OITY, IOWA ATTEST: By: Mayor -3- STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this c~q~- day of n n'~~d fo , 1997, before me, the undersigned, a Notary Public i r the State of Iowa, personally appeared Myles N. Braverman to me personally known, who being by me duly sworn, did say that he is the President of the corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Direct?rs; and that Myles N. Braverman as such officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. E.-.~-'~,, TERE'~SA L MORROW"'"'~ ~ ~' ~ ~:,~ :'[ MY COMMISSION EXPIRES ~=.,,_;... //-.._3q-'~-7 ~ Notary Public in and for said State STATE OF IOWA ) ) JOHNSON COUNTY ) On this /'] ~ day of [-~-Jt-~, ~ ~ , 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said State N 90'00'00" W 684.00' Existing 10' --,-- sanitary sewer easement Lot 5 209,359 sq.ft 4.806 Acres S 90'00'00" W - 451.00' ~10.00' "N90'OO'OO"W ~ of new 10' water main easement S 89°46'29" W - 253.00' Lot 4 Lot 5 LEGAL DESCRIPTION: A strip of lend 10 feet wide, 5 feet on each side of the following described centerline, located in Lot 5, Walden Square, Pert 2, low(] City, Iowa as recorded in Plot Book 55, Page 226, of the Johnson County Recorder's records. Beginning on the east line of Lot 5 Walden Square, Port 2, at o point NOO'15'51"W - 114.08 feet from the SE corner thereof. thence. N90'00'00"W - 146.00 feet olong s(]id centerline to the end of this eosement. CERTIFICATION: I hereby certify that this plan wes prepared by me or under my direct supervisioin end that Iom (] duly registered Professional Engineer end Surveyor prdcticing under the laws of the Stee of Iowa. My current registration expires December .31, 1997. Ralph Staffer, PE & LS 6709 dote Subscribed.end sworn to?fo~e by Ralph Staffer on this ,/~,~,4 doy of 1996. Notary Pu bl icO/~ SURVEYING AND ENGINEERING 555 SOUTHGATE AVENUE IOWA CITY, IOWA 52240 PHONE (.319) .354-1984 TITLE Easement Plat PROJECT Lot 5 Walden Square, Part Iowa City, Iowa 2 SCALE 1" = 100' DATE: 6/14/96 dom NO. 5202-27 SHEET 1 of 1 ed by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa ,~52240 (319)356-5030 RESOLUTION NO. O SOLUTION AUTHORIZING THE MAYOR TO SI rEST A SANITARY SEWER EASEMENT A¢ CITY, IOWA. THE CITY CLERK TO FOR WALDEN SQUARE, CITY WHEREAS Develo Iowa City, rsuant to the Code of Ordinances of ~mpany, Inc. submitted a site plan and City of Iowa City, Iowa, Southgate ,~velopment of Lot 5 in Walden Square, WHEREAS, undo ;aid plan, a sanitary sew development withi :he subdivision, and cer the continued opera .n of the public infr~ ne was installed to service the additional easement rights must be acquired to ensure cture; and WHEREAS, City staff service to this lot and s approved th ~ment; of the proposed sanitary sewer providing WHEREAS, the easement requires City Council approval; and WHEREAS, the execution of the public health, safety and ,asement agreement is in the public interest and advances fare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT IOWA, THAT: ;D BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, 1 The Mayor is he~ Easement AgrE authorize 3 sign and the City Clerk to attest the Sanitary Sewer for Lot 5 Walden Square, Iowa City, Iowa. The City CI. and to County is hereby authoriz same with the abo Office at the ex[ ]nd directed to certify a copy of this Resolution 'eferenced Easement Agreement in the Johnson of Southgate Development Company, Inc. Passed and a this day of , 1 997. M~ ATTEST: Cl' .K Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 97-342 RESOLUTION APPROVING FINAL PLAT OF THE SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, IOWA. WHEREAS, the owner, A.F. Streb, filed with the City Clerk the final plat of the Scott-Six Industrial Park, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southwest corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian; Thence NOO°O3'29"W along the West line of the Southwest quarter of said Section 19, a distance of 254.86 feet to the Point of Beginning; Thence continuing N00°03'29"W along said West line, 404.58 feet; Thence 386.00 feet Northeasterly along the Easterly Right-of-Way line of Scott Boulevard, and a 1481.54 foot radius curve concave Northwesterly whose 384.91 foot chord bears N07°24'21"E; Thence N00°O3'29"W along said Right-of-Way line, 1606.68 feet; Thence N00°18'56"W along said Right-of-Way line, 578.59 feet to a point on the Southerly Right-of-Way line of the Iowa Interstate Railroad; Thence S62°09'30"E along said Southerly Right-of-Way line, 3011.15 feet to a point on the East line of the Southwest quarter of said Section 19; Thence S00°00'45"E along the said East line of the Southwest quarter, 990.27 feet; Thence S89°38'37"W, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South line of said Southwest quarter of Section 19; Thence S89°38'37"W along said South line of the Southwest quarter, 1590.89 feet; Thence 175.60 feet Northwesterly along the northerly Right-of-Way line of Highway //6 and a 5830.00 foot radius curve concave Southwesterly, whose 175.59 foot chord bears N59°59'08"W; Thence N60°50'54"W along said Northerly Right-of-Way line, 337.19 feet to the Point of Beginning. Said parcel contains 140.50 acres more or less and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved, subject to certain conditions; and WHEREAS, said conditions with the exception of approval of the stream relocation plan by the Iowa Department of Natural Resources have been met; and Resolution No. 97-342 Page 2 WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved, subject to approval by the Iowa Department of Natural Resources of the stream relocation plan. The City accepts the dedication of the streets, right-of-way and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 7th day of October' , 1997. MAYOR It was moved by Kubb~v and seconded by adopted, and upon roll call there were: Approved~3y,, /~ / //~ C~orne~'~/ Nor'ton the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadmin\res\scott 6fn.wp5 ~k Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (3 356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF THI SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, I( WHEREAS, owner, A.F. Streb, filed with the City Clerk tl Industrial Park wa City, Iowa, Johnson County, Iowa; final plat of the Scott-Six WHEREAS, said Johnson County, is located on the following- to wit: real estate in Iowa City, Commencing at Range 5 West of West line of the feet to the Point of ning; West line, 404.58 feet; Right-of-Way line of Scott Northwesterly whose 384 N00°O3'29"W along said NOO°18'56"W along said Ric Southerly Right-of-Way lit S62°09'30"E along said S on the East line of S00°00'45"E along th( East Thence S89°38': feet; point on the South ne of said So, S89°38'37"W ak said South line of Thence 175.60 Northwesterly along Highway #6 ar 5830.00 foot radius cu~ 175.59 foot bears N59°59'08"W; Southwest corner of 19, Township 79 North, ifth Principal Meridi~ NOO°O3'29"W along the 'est quarter of s Section 19, a distance of 254.86 ontinuing NOO°O3'29"W along said 386 feet Northeasterly along the Easterly a 1481.54 foot radius curve concave chord bears NO7°24'21"E; Thence ht-of-Way line, 1606.68 feet; Thence )f-Way line, 578.59 feet to a point on the the Iowa Interstate Railroad; Thence iht-of-Way line, 3011.15 feet to a point quarter of said Section 19; Thence the Southwest quarter, 990.27 feet; ~nce S00°00'45"E, 813.00 feet to a st quarter of Section 19; Thence ;outhwest quarter, 1590.89 feet; northerly Right-of-Way line of ;oncave Southwesterly, whose ce N60°50'54"W along said Northerly Ri contains of re~ ay line, 337.19 feet to the .50 acres more or less and is subject int of Beginning. Said parcel . easements and restrictions w / HEREAS,/t~he Department of Planning and Community opment and 'the Public Works Departmer~l~ examined the proposed final plat and subdivision ~,and recommended approval; and/ , f..~ WHEREAS, the Planning and Zoning Commission examined the final Bat and subdivision and reT.mmended that said final plat and subdivision be accepted and ap~(oved; and t/~eHEREAS, a dedication has been made to the public, and the subdivision ~as been made with free consent and in accordance with the desires of the owners and proprietors; and Resolution No. Page 2 WHEREAS, said final plat and subdivision are found to conform with Ch~ Iowa (1997) and all other state and local requirements. 354, Code of NOW, THEREFORi~, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA, THAT: \ CITY OF IOWA CITY, The said let and subdivision located on the the same are ~by approved. real estate be and The City by law and specificall' being open for public ledication of the streets, right- '.ets aside portions of the d ess at the time of recc and easements as provided land, namely streets, as not for public safety reasons. The Mayor and City Clerk :he City of Iowa, are hereby authorized and directed, upon approval by ;ity to execute all legal documents relating to said subdivision, and to this resolution, which shall be affixed to the final plat after passage and law. The City Clerk shall record the legal documents and the plat at the office ~e County Recorder of Johnson County, Iowa at the expense of the Passed and approved this day , 1997. ATTEST: ///~/ CITY CLERK It was moved by adopted, and upon roll ~{I there AYES: j / / ppdadmin\rT~scottefn,wp5 MAYOR and seconded were: NAYS: ABSENT: the Resolution be Kubby Lehman Norton Novick Thornberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0018. Scott-Six Industrial Park - Final Plat and Revised Preliminary Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: SPECIAL INFORMATION: Prepared by: Scott Kugler Date: September 18, 1997 A.F. Streb 1700 Country Club Drive Coralville, IA 52241 Phone: 338-4770 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Preliminary and final plat approval. To allow a 140.5 acre, 42-1ot industrial and commercial subdivision. On the east side of Scott Boulevard, north of Highway 6. 140.5 acres I-1, Light Industrial, and Cl-1, Intensive Commercial North: Residential, agricultural; East: Agricultural; South: Agricultural; West: Industrial, I-1. Industrial. 14-7, Land Subdivisions August 14, 1997 September 28, 1997 2 Public Utilities: Public Services: Transportation: Sensitive Areas Ordinance: City water is available to the site. The construction of the Scott Boulevard Trunk Sewer will traverse this property and provide sanitary sewer services as well. Police and fire protection will be provided by the City. Refuse collection would have to be handled by a private hauler for commercial and industrial uses, The property is bordered by three arterial streets; Scott Boulevard, Highway 6, and 420th Street (listed as a future arterial in the City's arterial street plan). The nearest regular transit route stops at the Bon Aire Mobile Home Court. The property is generally flat and contains a stream corridor along its western edge, as well as a small area of wetlands. In addition, there are areas of hydric soils scattered throughout the eastern portion of the site. A Sensitive Areas Site Plan has been approved for this development, but must be revised due to alterations in the plans for the stream corridor reconstruction. BACKGROUND INFORMATION: The applicant, A.F. Streb, is requesting revised preliminary and final plat approval of the Scott-Six Industrial Park, a 140.5 acre, 42-1ot commercial/industrial subdivision located on the east side of Scott Boulevard, north of Highway 6. This property was recently annexed and rezoned to I-1, General Industrial and C1-1, Intensive Commercial. A preliminary plat was previously approved by City Council, but plats were never submitted to the City Clerk to be signed. Therefore, preliminary plat approval was never completed. The plat has been revised to include a different alignment for Freedom Court and the stream corridor, and therefore preliminary plat approval is again being requested along with the final plat. 3 ANALYSIS: Preliminary Plat: A revised preliminary plat has been submitted, which indicates that the proposed Iccp street at the northwest corner of the site, Freedom Court, is to be located farther south on the property, necessitating the extension of the culverts under Scott Boulevard to the east. No other changes have been made to the plat other than those associated with the relocated street, although a few minor changes are needed as a result of the revisions to the plat. In addition, there are deficiencies contained on the revised plat that must be addressed prior to the Commission's vote on the preliminary plat. It is anticipated that these corrections will be made prior to the Commission's meeting on September 18. In addition, a revised Sensitive Areas Site Plan and a revised Grading Plan are required as a result of the above mentioned changes. Both have been submitted and will have to be approved prior to City Council consideration of the preliminary plat. One of the issues discussed at length during the initial preliminary plat review was the design of Freedom Court and the offset between the existing intersection of Scott Boulevard and Heinz Road and a proposed intersection for Freedom Court. The City Council did not make a decision on this alignment prior to approving the preliminary plat, but rather made their approval subject to this alignment being resolved prior to final plat approval. The applicant has submitted a revised design which moves Freedom Court to the south to achieve a greater offset between the two intersections, while retaining the Iccp street design. While this addresses the intersection offset concerns, the trade-off is that there will be an additional driveway onto Scott Boulevard for Lot 15, directly across from Heinz Road, and a portion of the stream corridor on the property will have to be piped in an extension of the culverts passing under Scott Boulevard. Although the solution is not ideal in terms of access or its impact on the stream, staff fells that it is an acceptable compromise, and recommends approval. The preliminary plat does not indicate who is to provide for the extended culverts, but the legal papers submitted with the final plat indicate that the City is to be responsible for the cost of this project. Staff does not agree, and can see no reason why the City should be responsible for the cost of these culverts. The revised plat is being proposed to allow the developer to install a specific street design that he favors, although other options are available. In addition, more usable commercially zoned property is being created as a result of the changes. The improved traffic safety situation is still not ideal, as noted above, and will benefit the future tenants of the commercial lots as much as traffic using Scott Boulevard. Staff recommends that the City not participate in the cost of the extended culverts. If the developer does not want to assume these costs, then an alternative street design should be investigated. Staff has requested a note on the plat indicating that the culvert extension will be the responsibility of the subdivider, as well as changes to the legal papers. Final Plat: The proposed final plat appears to generally conform to the City's subdivision regulations. However, public works has not completed its review of the revised plat. If any deficiencies are identified, they will have to 'be corrected prior to the Commission's vote on this item. In addition, a revised Grading Plan and Sensitive Areas Site Plan will be needed due to changes mentioned above. Construction drawings and legal papers have been submitted and are under review. All of these items will have to be approved prior to Council consideration of the plat. The preliminary plat contains a number of notes regarding access restrictions, sidewalk requirements, and stream relocation requirements. These notes have been carried over onto the final plat. The approval of the previous preliminary plat was subject to DNR approval of the stream corridor relocation plan and IDOT approval of the 420th Street/Highway 6 intersection design. Neither has been received at this time. Comments have been received from IDOT, requesting changes to the plan. Staff feels that as long as these changes are reflected in the plat and construction drawings, official IDOT approval is not necessary prior to final plat approval. The actual construction of 420th Street is not likely to occur in the near future. The DNR has not yet reviewed the plans submitted for the stream relocation, but indicated that they may complete their review by the end of September. Both of these items should be addressed prior to Council consideration of the plat. Stream Relocation Plan: The approved Sensitive Areas Site Plan contained a stream relocation plan that was acceptable and approved along with the site plan. The only issue left to be resolved was the species of grasses to be used. This will be clarified on the revised plan that will be required as a result of the changes referenced above. Dedication of Outlots A and B: As discussed during the rezoning of the property, the City will assume ownership of Outlots A and B after the improvements are in place, including the stream relocation, trees, and planting of vegetation. As noted with the previous preliminary plat, staff recommends that the City not assume ownership of these outlots until some period of time has passed and there is some assurance that the plan was successfully implemented. Staff feels that a period of three years after the improvements are installed is reasonable to ensure that a vegetative cover is established and that the relocated stream corridor is functioning as planned. This is referenced in the legal papers. Infrastructure: The applicant will be installing all streets within the subdivision to meet city urban design standards, and will install all storm and sanitary sewer lines and watermains. As provided for in the CZA, the applicant may post a letter of credit or a bond in lieu of the actual construction of portions of the infrastructure associated with the development if the City feels that it is reasonable under the conditions. A four-foot wide sidewall( will be installed along the east side of Scott Boulevard, as well as along other streets within the development where commercially zoned lots will exist. The legal papers should address the installation of sidewalks along the outlot frontages at the time of street construction. Other segments of the required sidewalks will be installed as properties develop. The legal papers currently address the installation of sidewalks in front of the commercially zoned lots, but do not reference the sidewalks along Outlots A and B. This should be addressed prior to approval of the legal papers and the final plat. Staff recommends that sidewalks on at least one side of the streets in the industrially zoned area also be provided, but that it be done as a public project at some point in the future upon development of some of the lots within this area. This would be one of the City's contributions toward the development of the industrial park. Fire Hydrants: The applicant is proposing to install fire hydrants within the commercially zoned areas of the subdivision as required by the Uniform Fire Code, although a few were inadvertently left off the revised preliminary plat and will have to be addressed. Within the industrial portions of the subdivision, all of the required hydrants will not be installed initially, but rather will be installed as properties develop so that they won't have to be moved to accommodate development plans for each individual lot. A few hydrants would be installed at the time the streets are developed, and the rest would be installed as properties are developed at the cost of the subdivider or his successors in title. The preliminary plat contains a note to this effect which should also be included on the final plat, and this provision should be made clear in the legal papers so that there is no question that compliance is required and that the City is not responsible for the cost of installing the fire hydrants in the future. STAFF RECOMMENDATION: Staff recommends that SUB97-0018 be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends that the request for preliminary and final plat approval of the Scott-Six Industrial Park, a 140.5 acre, z~2-Lot commercial and industrial subdivision located at the northeast corner of Scott Boulevard and Highway 6, be approved, subject to the following: 1) approval of legal papers, construction drawings, a revised Sensitive Areas Site Plan and a revised Grading Plan prior to City Council consideration of the plats; 2) incorporation of Iowa DNR comments into the preliminary and final plats, construction drawings, Grading Plan, and Sensitive Areas Site Plan, or Iowa DNR approval of the proposed stream relocation plan prior to Council consideration; 3) incorporation of the Iowa DOT comments into the design of the realignment of the z~20th Street/Highway 6 intersection on the preliminary plat and construction drawings prior to Council consideration; 4) the cost of the extended culverts to accommodate the revised Freedom Court alignment be paid by the subdivider, and 5) that the dedication of Outlots A and B to the City not occur until three years after the stream relocation and storm water management plan is implemented. DEFICIENCIES AND DISCREPANCIES: Preliminary Plat: Move valves as noted by Water Department, and show auxiliary valves on all fire hydrants· Fire hydrants must be shown for Lots 1 - 15. 2. Remove shading and notes regarding proposed commercial zoning. Remove note about building configuration on Freedom Court, add a note about the subdivideds responsibility to extend culverts under Freedom Court, and change the note regarding access restrictions to address the new lot configuration. Update owner/subdivider address. 5. Show proposed access for Lots 12-15. 6. Public Works review not yet complete. Final Plat: 1. 2. Sensitive Areas Site Plan: The railroad name should be consistent with the preliminary plat. Public Works review not yet complete. Final plat. Approved by _K rai/FraMdin,, Director Department of Planning and Community Development Specify which grass and forbe species will be used and proposed mix. 2, Add willow stabilization on most northerly stream bend adjacent to railroad culvert. ATTACHMENTS: Location map. Revised preliminary plat (altered portion only). RM 44 GENERAL MILLS I1 RFBH ~i SITE LOCATION: Scott Six Industrial Park SUB97-0018 EXISTING 8UILDINGI ] COMMERCIA 7 0~2 A¢ ~//~,~ ,~ ,~ 10 ~ ~.'~' / ' '/, 7.27 AC x,x 29 25 ...................... 27 LEGEND AND NOTES City of Iow~ City FINAL PLAT SCOTT-SIX INDUSTI IAL PARK IOWA CITY, IOWA ?~.? P~ ~T: 0~~ O~ A~ 1917 ~ G~ BT. 170D CO~ ~ DR ~2 BO~ ~ ~ ~X ~, IO~& 6~ CO~ IOW~ 52~t IOWA C~, ~W~ ~E4O FINAL PLAT "'~SCOTT-SIX INDUSTRIAL PABK Iowa City , Iowa STREET CENTERLINE CURVE TABLE LOT CURVE I~<::~IENT TABI. J~ 140.50 AC. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Lehman introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $5,540,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. r-1 to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M. on the day of ,1997, at this place. Council Member called and the vote was, Thornberry seconded the motion. The roll was AYES: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 97-343 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $5,540,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $5,540,000 General Obligation Bonds for the essential corporate purpose of paying costs of improvements and extensions to the Municipal Water Utility, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $5,540,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 1997. 7 ¢~' day of ~c4c> ~e r' Mayor"fi(~vt~n~;(~' ~~ ATTEST: City Clerk PGOODRIC\106212\1 \10714044 -4- £ Prepared by: Kevin Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 97-344 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 September 30, 1997. WHEREAS, ongoing negotiation for FY98 paratransit service has produced the need for a fourth 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 fourth ~xtension of the FY97 Agreement for a period of thirty-one days, to October 31, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the extension Agreement for FY97 paratransit service between the City of Iowa City and Johnson County. In accordance with Section 28E Code of Iowa (1997) the City Clerk is authorized to file said extension Agreernent with the Secretary of the State of Iowa and County Recorder of Johnson County, Iowa. Resolution 97-325, which authorized a 3 month extension agreement, is rescinded. Passed and approved this 7th day of October , 1997. CIT'~'~LERK City Attorney's Office jccogtp\res\paratra4.doc Resolution No. 97-344 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X the Resolution be 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 t~/e City ot~'q~a Iowa and Johnson County, Iowa. ~r 1/~ WHEREAS, there is an existing 28E agreement for FY97 paratransit service between the C~t/y of Iowa City and Johnson County; and WHEREAS, the parties have extended said agreement to September 30, 1997; and WHEREAS, ongoing negotiations for FY98 paratransit service have produced the need for a fourth 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-one (31) calendar days to October 31, 1997. For the extension of the F¥97 paratransit service agreement from October 1, 1997 to October 31, 1997, Johnson County shall be reimbursed 847,182 per month by the City of Iowa City. All fares collected over 82,567 per month shall be returned to the City of Iowa City. In all other respects, the terms of the FY97 28E agreement for paratransit service shall remain in effect. This extension agreement represents the entire extension agreement between the City of Iowa City and Johnson County for paratransit service. It may be amended only by a written instrument signed by all parties. Dated this 7th day of October , 1997. CITY OF IOWA CITY, IOWA NaOmi J~Novibk, Mayor City Clerk Ap~oved by: City Attorney's Office ATTEST: JOHNSON COUNTY, IOWA Board of Supervisors Executive Director, JCCOG Page 2 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA JOHNSON COUNTY On this ~7 ) ) SS: ) day of OcJ¢o.~,_~' , 1 9 ?'7 , before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (OrdiRance) (Resolution) No. ~?- ,5~f~ passed by the City Council, on the ?eA_ day of C)c-~&e_t^ , 19 c~ ~ , 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 ) (~l~his c:>~ ~ dayof , a Notary Public in and for the State of Iowa, personal}y appeared Sally Stutsman and Jeff Davidson, to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and Executive Director, 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 ~5-~'~ day of ~-~(2--/- , 19 ~'7 , and Sally Stutsman and Jeff Davidson acknowledge 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 a~d for the State of Iowa jccogtp\agt\paratrS.doc PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 October 14, 1997 Marian K Karr City Clerk 410 E Washington St Iowa City, IA 52240-1826 RE: Filing of 28E Agreement between the City of Iowa City and the Johnson Coutny 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 14, 1997. Sincerely, (. /.?. <..;..> Paul D. Pate Secretary of State PDP/kfw Enclosures September 23, 1997 Sally Stutsman and County Supervisors The Johnson County Board of Supervisors P.O. Box 1350 Iowa City, IA 5224~// Dear Sally and Members of the Board: CITY OF I0 WA CITY The Iowa City City Council requests that the Board of Supervisors approve a three month extension of the SEATS contract beginning October 1, 1997. We plan to give our approval of this extension at our September 23 meeting. We are also asking that the SEATS Director concentrate on producing a computer program in the next two months to produce statistics that will provide the City accountability for the costs of the service. We are willing to grant a 60 day period for the County to figure out a system for preparing the reports. Beginning no later than December 1, 1997, we will expect reports to be provided according to the provisions of the adopted FY97 SEATS agreement between the City and the County. Joe Fowler can provide any needed clarification of what specifically is required. We a'lso request that our contract negotiations be suspended for two months and that we resume negotiations in December following the receipt of the first required report. Thank you for considering these ideas before October 1. Sincerely, Naomi J. Novick Mayor cc: City Council Steve Atkins Joe Fowler Jeff Davidson Burnell Chadek, SEATS tp2-3nn.wp5 410 EAST WASHINGTON STREET u IOWA CITY, IOWA 52240-1526 · (319) 356-5000 · FAX (319) 356-$009 Johnson County ~ IOWA.~ Sally Stutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonathan Jordahl Stephen P. Lacina BOARD OF SUPERVISORS .. $£P 2 9 997 September 26, 1997 Naomi Novick, Mayor The City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Re: FY98 S.E.A.T.S. Negotiations Dear Naomi: At the September 25, 1997, meeting of the Johnson County Board of Supervisors, the Board rejected the City's proposal of a 90-day extension agreement between the City and County for S.E.A.T.S. service. A 60-day extension agreement also failed on a formal vote, but a 30-day extension was approved for the month of October. The Board's major concern with a 60 or 90-day extension was that at the end of the extension period, we would be in the same position we are today with unresolved contract issues. It is our desire to not let negotiations cease regarding this important matter for Johnson County citizens. It is my understanding that the 30-day extension agreement approved by the Board of Supervisors will be on your October 7, 1997, meeting agenda for consideration. It is our desire to continue working things out between the City and the County during the month of October. We concur with the City's position that the existing negotiating teams have reached a point of no further movement. If you wish to continue negotiations, we would propose two new negotiators for the City and two new negotiators for the County. Please let me know at your earliest convenience how you would like to proceed regarding continued negotiations. 913 SOUTH DUBUQUE ST. P,O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 Naomi Novick, Mayor September 26, 1997 Page 2 I would like to summarize for you what I feel is the current position of a majority of the Board of Supervisors. We believe the principal issue in these negotiations has been settled, that being the amount of financial compensation for a three year contract agreement. A majority of both the Iowa City City Council and the Johnson County Board of Supervisors have stated that a base year contract of $560,000 in FY98, with a 4% increase each in FY99 and FY2000 is an acceptable three year contract price. Your Director of Parking and Transit has stated that the City could not operate paratransit service for less than this amount. The Board of Supervisors acka~owledges that it is our responsibility to begin producing the management reports which you require. We are actively working to get this matter resolved according to the meeting which was held in your City Attorney's Conference Room on September 24th. With these two matters resolved, however, it is the County's desire to have the full City Council decide once and for all if you are interested in contracting with us for paratransit service. We do not believe every single issue will be able to be resolved to everyone's satisfaction. We would appreciate discussion of this specific question by the City Council no later than October 24, 1997. Feel free to contact me if you have any questions. It is my sincere hope that we can get this matter resolved as soon as possible. Sincerely, Chairperson Burnell Chadek, S.E.A.T.S. Jeff Davidson, JCCOG Tr~sportation Planner Steve Arkins, City Manager Joe Fowler, Director for Parking and Transit Prepared bY: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 RESOLUTION NO. 97-345 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: BIG BROTHERS AND BIG SISTERS ($34,557); CRISIS CENTER ($35,480); DOMESTIC VIOLENCE INTERVENTION PROGRAM ($47,000); EMERGENCY HOUSING PROJECT ($8,500); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION ($9,600); MAYOR'S YOUTH EMPLOYMENT ($37,080); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY ($52,000); RAPE VICTIM ADVOCACY PROGRAM ($12,500); AMERICAN RED CROSS ($4,740); AND UNITED ACTION FOR YOUTH ($34,300). WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human service support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements with Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreements between the City of Iowa City and Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth, copies of which are filed in the Office of the City Clerk, are hereby approved. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreements. Resolution No. 97-345 Page 2 Passed and approved this 7th day of October ,1997. ATTEST: CIT~ CLERK City Attorney's Office It was moved by Kubb~v and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef jccoghs\fund2.res Prepared by: Linda Severson, Human Services Coordinator, z~10 E. Washington St., Iowa City, IA 52240 (319) 356-5242 RESOLUTION NO. 97-346 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: FREE MEDICAL CLINIC ($5,440) AND HAWKEYE AREA COMMUNITY ACTION PROGRAM ($6,425). WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human service support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements with the Free Medical Clinic and the Hawkeye Area Community Action Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreements between the City of Iowa City and the Free Medical Clinic and the City of Iowa City and Hawkeye Area Community Action Program, copies of which are filed in the office of the City Clerk, are hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreements. Passed and approved this 7t.h day of October , 1 997 ATTEST: ~/~~~ CITY'~L. ERK jccoghs\fund 1 .res City Attorney's Office Resolution No. 97-346 Page 2 It was moved by No~'ton and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X Vanderhoef the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ABSTAIN: X Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 RESOLUTION NO. 97-347 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME:' ELDERLY SERVICES ($ 56,800); MID-EASTERN COUNCIL ON CHEMICAL ABUSE (~26,000); AND UNITED ACTION FOR YOUTH (~22,200); WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1 974, as amended (Public Law 93-383) and under the Cranston-Gonzales National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City Council of Iowa City, Iowa recognizes the need for human service support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into such contracts and agreements. WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements for use of part of such funds with Elderly Services, Mid-Eastern Council on Chemical Abuse, and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreements between the City of Iowa City and Elderly Services, Mid- Eastern Council on Chemical Abuse, and United Action for Youth, copies of which are filed in the Office of the City Clerk, are hereby approved. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreements. Resolution No. 97-347 Page 2 Passed and approved this 7th day of October ,1997. ATTEST: CiT~~-'~ A~~4,~,oved by City Attorney's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Tho~'nberr-~v the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef jccoghs\fund3.res Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140 RESOLUTION NO. 97-348 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FY98 CELL CONSTRUCTION PROJECT. WHEREAS, McAninch Corp. of Des Moines, Iowa has submitted the lowest responsible bid of 81,1 51,429.09 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to McAninch Corp., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 7th day of October ,1997. It was moved by Kubb.y adopted, and upon roll call there were: MAYOR j;~roved by City Attorney's Office and seconded by Lehman AYES: NAYS: ABSENT: X X X X X X X pweng\res\fy98cel[.doc the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ADVERTISEMENT FOR BIDS CITY OF IOWA CITY SANITARY LANDFILL FY98 CELL CONSTRUCTION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 30~h day of September, 1997, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on October .7,1997, or at such later time and place as may then be scheduled. The Project will involve the following: FY98 Cell Construction at the Iowa City Sanitary Landfill All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company,4250 Glass Road N.E., P.O. Box 9009, Cedar Rapids, IA 52409-9009, 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 secudty 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 insudng the faithful performance of the Contract and maintenance of said Project, if required, pursuant to the provisions of this notice and C ~~a/!~98 Cel~onstr~on ~ FY/9,8 Cell ~/O~11stru~en City o~lowj~ C~ty Sa}~ita~ L,~rld ~11 ~ L,/ k,.ywa the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a pedod 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 fumish a bond in an amount equal to one hundred pement (100%) of the contract price, said bond to be 'issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Completion Date: June 30, 1998 Liquidated Damages: $400.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of Howard R. Green Company, Coqsulting Engineers, 4250 Glass Road N.E., P.O. Box 9009, Cedar Rapids, IA 52409-9009 by bona fide bidders. A $100.00 deposit is required for each set of plans and specifications provided to bidders or other interested persons.. The fee shall be in the form of a check, made payable to Howard R. Green Company. A refund of $50.00 per set will be given upon return of said plans and specifications in good and usable condition within 10 days after the receiving of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and Subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit pdces 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 minodty contractors is available at the City, and can be obtained from the Human Rights Coordinator at the Iowa City Civic Center by calling 319-356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1995), 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 ~ ~ /~-Y98 Cell/~nstruc~n o, Prepared by: James Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 97-349 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO A'I-I'EST CONTRACT FOR THE CONSTRUCTION OF THE BURLINGTON STREET/GOVERNOR STREET SIGNALIZATION PROJECT, WHEREAS, Advanced Electrical Services, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $50,753 for the construction 0f 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 Advanced Electrical Services, Inc., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 7th day of October ,1997. It was moved by NoY'ton adopted, and upon roll call there were: City-Attorney's Office pweng\res\budgov2,doc and seconded by VandeY'hoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ,.3 ADVERTISEMENT FOR BIDS BURLINGTON STREET/GOVERNOR STREET SIGNALIZATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 30th day of September, 1997, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 7th day of October, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: Installation of fully actuated traffic control equipment including overlane mast arm supported traffic signals. All work is to be done in strict compliance with the plans and specifications prepared by James N. Brachtel, P.E., Senior Engineer of iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation 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 secudty 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 pdce, 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 AF-1 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 one (1) year from and after its comple- tion and formal acceptance by the City. The following limitations shall apply to this Project: 'Working Days: 23 Late Start Date: 1 April 1998 Liquidated Damages: $100 per day Incentive pay $1,500 completion by 14 Janu- ary 1998. 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 rrlay be secured at the Office of James N. Brachtel, P.E., Senior Engineer of Iowa City, Iowa, by bona fide bidders. A $10 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 City of Iowa City, Iowa. 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: Charles Schmadeke, Director of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141 RESOLUTION NO. 97-350 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY, PROFESSIONAL ENGINEERS OF IOWA CITY, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE FOSTER ROAD IMPROVEMENTS. WHEREAS, the City of Iowa City desires to improve and expand the City's street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the construction of the Foster Road Improvements will enhance traffic flow in North Iowa City and provide improved access to the Peninsula property; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the Foster Road Improvements all of which shall be called the PROJECT; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Howard R. Green Company, Professional Engineers of Iowa City, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company, Professional Engineers of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Resolution No. 97-350 Page 2 Passed and approved this 7th day of October ,1997. ATTEST: CIT~LERK City Attorney's Office It was moved by Thornbetter adopted, and upon roll call there were: and seconded by Van'derhoef AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be pweng\res\foster,doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7 -- day of ,~:7o,z~2:,~ 1997, by and between the City of Iowa City, a Municipal Corporation, hereinafter referred to as the CITY and Howard R. Green Company of Iowa City, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the City of Iowa City is desirous of obtaining the services of a consulting firm in order to improve and expand the City's street system; and WHEREAS, the proposed improvements to Foster Road include grading, drainage and paving improvements, as well as sanitary and water main extensions; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the Foster Road Improvements all of which shall be called the PROJECT; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Howard R. Green Company of Iowa City to provide said services. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as follows: 1. SCOPE OF SERVICES The work to be performed by the CONSULTANT under this Scope of Services shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver final plans and contract documents for the improvements which include: the grading, drainage and paving of Foster Road from the east line of the Peninsula property easterly to 500' east of the Arn Lane intersection with Foster Road, as well as sanitary and water main extensions. PHASE I. PRELIMINARY DESIGN The work performed by the Consultant under Phase I, preliminary design, shall consist of: Task t. Research and Supplemental Survey This task consists of researching underground utility locations with the various utility companies and plotting such locations on the plan sheets for the PROJECT. Utilities to be researched include gas, electric, telephone, fiber optics, irrigation, storm sewer, water, sanitary sewer, and existing features in the close proximity of the proposed PROJECT. This task consists of researching of courthouse records to establish right-of-way lines and property ownership for the properties affected by the PROJECT. -1- This task consists of field surveys to establish vertical and horizontal control, and obtaining supplemental topographic and boundary data required for the development of the preliminary plans. This task also includes incorporating the survey data collected into the base mapping. Task 2. Reference Ties and Bench Marks Thls task consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved throughout the construction of the PROJECT. Task 3. Preliminary Title and General Information Sheets This task consists of assembling the preliminary title and general information sheets. Task 4. Preliminary Typical Cross-Sections This task consists of assembling the typical roadway cross-section for Foster Road from the east line of the Peninsula property to 500' east of Arn Lane. The proposed cross section includes 31' back-to- back pavement in 70' of right-of way. There will be an 8' sidewalk and a 4' sidewalk along the right-of- way. Task 5. Preliminary Plan and Profile This task consists of the development of preliminary plan and profile drawings as necessary for the Design Review Plan. Included will be the necessary CAD work to obtain the preliminary design features for the roadway, as well as preliminary cross-sections for the determination of earthwork quantities and cost estimates. The scale of plan sheets will be 1" - 50'. Design features shall include, but not be limited to, paving, sidewalks, storm sewers, sanitary sewer, and water main. Task 6. Preliminary Storm Drainage Layout This task consists of Preliminary Design and drafting of storm sewer and drainage improvements along the PROJECT corridor, including an evaluation of the sufficiency of any existing system. This work also includes any required cross road culverts included in the proposed improvements. Task 7. Preliminary Sanitary Sewer Layout This task consists of the Preliminary Design and drafting of sanitary sewer extension along Arn Lane and Foster Road toward the Peninsula property. This work also includes any required force main design included in the proposed improvements.. Task 8. Preliminary Water Main Layout This task consists of Preliminary Design and drafting of service water main improvements along the PROJECT corridor. Task 9. Preliminary Utility Adjustments This task consists of refining the conceptual design for relocation of existing utilities to accommodate the new construction along the improvement corridor. -2- Task '10. Preliminary Staging and Traffic Control This task. consists of developing a suitable plan for construction staging and traffic control measures to be implemented during construction. The plan will include provisions for through traffic and temporary access to adjacent properties during construction. Task '1'1. Preliminary Right-of-Way and Access Layout This task consists of a preliminary determination of the easement requirements and access locations. The completion of this task includes: · Showing toe of slope points based on the preliminary vertical and horizontal alignments. · Showing proposed temporary easement needs. · Showing existing and proposed access locations. · Showing proposed right-of-way alignment. Task 12. Preliminary Construction Details This task consists of the preliminary design and drafting of miscellaneous details not included in the other tasks. Included are such items as special grading details, special storm sewer or manhole details not included in the standard drawings. Task 13, Preliminary Quantities and Cost Estimate This task consists of a preliminary determination of the bid items to be included in the PROJECT, along with an estimate of quantities for each item. This task also consists of the development of a preliminary construction cost estimate for the proposed improvements. Task '14. Preliminary Soils Design This task will consist of coordinating soil boring data collected by the city under a separate contract with the proposed grading plans on the PROJECT. Task '15. Field Exam This task consists of the preparation of materials for a field exam, participation in the field exam and reviewing results of the field exam with the CITY, Utility companies and adjacent property owners as needed. Task '16. Meetings This task consists of meetings that staff will attend to review progress, assist in decision-making, and receive direction from the CITY. These meetings include a maximum of five (5) meetings, including one field exam with the CITY and one (1) neighborhood pre-design meeting which include the preparation of display materials and hand out information, attendance at the neighborhood pre-design meeting and reviewing results of the informational meetings with the CITY, and others. -3- PHASE II. FINAL PLANS AND SPECIFICATIONS Based upon the preliminary design, field exam, and easement requirements the Consultant shall subsequently proceed with final design drawings, contract documents and estimates for the award of a single Contract for the construction of the proposed improvements. The plans and specifications shall describe in detail the work to be done, materials to be used, and the construction methods to be followed. Task '1. Final Plans The Consultant shall provide the Owner with the following design items, as required: Final Title and General Information Sheets - This item consists of finalizing the title and general information sheets. These sheets will include the following: PROJECT Title, Sheet Index, Certifications, Location Maps, and Legends. Final Typical Sections and Quantity Tabulations - This item consists of final design and drafting of typical cross-sections and quantity tabulations to be utilized for the proposed improvements. This item also includes final design of drainage structures, storm sewers subbase design, pavement, sidewalks and subdrainage details, water main and sanitary sewer. Final Plan and Profiles - This item consists of the final design and drafting of roadway plan and profile sheets, including the detailed information required for plan approvals, permitting and construction of the proposed improvements. Final Design of City Utility Systems - This item consists of final design and drafting of drainage systems including storm sewers, storm sewer inlets, manholes, open ditches, culverts and all other storm drainage facilities on the PROJECT, final design of the sanitary sewer and force main, if required, to serve the Peninsula property, and final design of the water main to serve the Peninsula property. Final Traffic Control and Staging Plans - This item consists of developing a suitable plan for construction scheduling and staging of the PROJECT and for traffic control measures to be implemented during construction to maintain access to the Elks Club and private property along the north side of Foster Road. It also includes provisions for temporary access to these properties during construction. Final Roadway Details - This item consists of the final design and drafting of elevations, and geometric layouts for all improved areas. Final Soils Design - This item consists of final design and drafting of the soils information including borrow and earthwork quantities. This item also includes the final design and drafting of erosion control measures to be provided on the PROJECT. Final Construction Details - This item consists of the final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details, culvert details not included in the standard drawings, special storm sewer or manhole details - not included in the standard drawings, special grading details, and the removal of gravel on the old Foster Road alignment. -4- Final Design Cross-Sections - This item consists of the final design and drafting of individual cross-sections for the PROJECT. Cross-sections will be designed and drawn at 50 foot maximum intervals, with additional cross-sections included as necessary. Cross-sections will show the existing ground elevations as well as the final PROJECT grading, including foreslope and backslope information, special subgrade treatment, ditches, new pavement and sidewalk and other pertinent information. This task also includes showing typical roadway section superimposed on the interim crosssections and relevant quantity tabulations. Task 2. Preparation of Acquisition Plats and Legal Descriptions This task consists of performing land corner and lot surveys as needed and prepare acquisition plats and legal descriptions. Said plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly registered land surveyor under the laws of the State of Iowa. Task 3. Permitting Secure permits on behalf of the CITY from governmental authorities having jurisdiction to approve the design of the PROJECT and participate in consultations with such authorities. Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the Owner. The Consultant shall provide technical criteria, written descriptions, and design data for use in filing applications for permits with regulatory agencies having jurisdiction to approve the PROJECT. Task 4. Final Quantities This task consists of determining the final bid items to be included in the PROJECT as well as a final quantity takeoff for each bid item. Task 5. Project Manual This task consists of providing a Project Manual for the PROJECT, including Notice of Hearing and Letting, Instruction to Bidders, Bid Forms, Bond Forms, Agreement Forms, General Conditions of the Construction Contract, Supplementary General Conditions, and Detailed Construction Specifications. Task 6. Opinion of Probable Construction Cost The Consultant shall prepare a preliminary Opinion of Probable Construction Cost for the PROJECT. An updated Opinion of Probable Construction Cost shall be prepared at the time of completion of the plans and specifications. The Opinion of Probable Construction Cost is intended for the use of the Owner in financing the PROJECT. PHASE III. BIDDING SERVICES Task '1. Printing of Plans and Specifications This task consists of printing the Plans and Specifications. This task also includes dissemination of the contract documents and maintaining a plan holders list during the bidding phase. -5- Task 2. Notice of Project The Consultant shall assist in the preparation of the formal Notice of Hearing and Letting. Publication costs shall be borne by the Owner. The Consultant shall also prepare and disseminate a notice to contractors concerning the upcoming PROJECT. Task 3. Contractor Questions and Addenda The Consultant shall be available to answer questions from contractors prior to letting and shall issue addenda as appropriate to interpret, clarify or expand the bidding documents. Task 4. Letting, Bid Tabs, and Award Recommendation The Consultant shall have a representative present when the bids and proposals are opened, shall make tabulation of bids for the Owner, shall advise the Owner on the responsiveness of the bidders, and assist the Owner in making the award of contract. After the awards are made, the Consultant shall assist in the preparation of the necessary contract documents, and arrange & conduct a preconstruction meeting with contractors, suppliers, utility companies and city staff. ADDITIONAL SERVICES: Additional Services are not included in this contract. If authorized under a Supplemental Agreement the CONSULTANT shall furnish or obtain from others the following services: A. Title Searches B. DOT Type Plot Plans C. Appraisals D. Appraisal reviews E. Right-of-way negotiation/acquisition services F. Relocation assistance G. Closing services H. Soil borings I. Eminent domain proceedings J. Flood plain permitting K. Environmental impact statements L. Construction Administration M. Construction Observation and Materials Testing N. Construction Staking 2. GENERAL TERMS 2.1 The CONSULTANT shall not commit any of the following employment practices in any subcontracts. 2.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. -6- 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, martial status, gender identity, or sexual orientation. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section 4. The CITY may terminate this Agreement upon seven (7) calendar days' written notice to the CONSULTANT. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the CONSULTANT by the CITY for the purpose of the PROJECT shall be as an independent contractor and shall be exclusive, and it is further agreed the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the PROJECT. It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT for the PROJECT shall be available by the CITY upon reasonable request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the CITY, the CONSULTANT shall attend such meetings of the CITY Council relative to the work set forth in this Agreement. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance.' The CONSULTANT agrees to furnish, upon termination of this Agreement and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and an other data prepared or obtained by the CONSULTANT pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the CONSULTANT shall not be liable for the CITY'S use of such documents on other projects. The CONSULTANT agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The CONSULTANT shall furnish the services of Mr. David J. Moermond, P.E., and Mr. Richard L. White, P.E. to attend such meetings of the City Council and public meetings relative to this Agreement and as may be requested by the CITY. Either Mr. Moermond or Mr. White shall attend other meetings as requested by the CITY. Any requirements made by the CITY shall be given with reasonable notice to the CONSULTANT. Mr. Moermond will direct all PROJECT efforts expended by the CONSULTANT during the work, and will serve as the primary liaison with the CITY. Changes in the CONSULTANT'S representatives shall be made only with the prior approval of the CITY. -7- 2.11 Charles Schmadeke will act as the CITY'S representative with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the CITY'S policies and decisions with respect to the work presented under this Agreement. 2.12 The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANT to satisfactorily perform in accordance with this Agreement shall constitute grounds for the CITY to withhold payment of the amount sufficient to properly complete the PROJECT in accordance with this Agreement. 2.13 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 2.14 Original contract drawings shall become the property of the CITY. The CONSULTANT shall be allowed to keep mylar reproducible copies for the CONSULTANT'S own filing use. 2.15 Fees paid for securing approval of the authorities having jurisdiction over the PROJECT will be paid by the CITY. 3. TIME OF COMPLETION The CONSULTANT shall complete the following phases of the PROJECT in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before October 1, 1997. Phase I Phase II Phase II1 Preliminary Design Final Plans and Specifications Bidding Services October 97 - December 97 January 98 - April 98 To be determined by the Owner If notice to proceed is given at a later date, time of completion shall be extended accordingly. 4. COMPENSATION FOR SERVICES 4.1. Method of Payment CITY shall pay CONSULTANT for services rendered under Section 1 - Scope of Services the lump sum fees as follows: 1.1 PHASE I - Preliminary Design 1.2 PHASE II- Final Plans and Specifications 1.3 PHASE III- Bidding Services $65,700.00 $21,500.00 $ 7,800.0O TOTAL LUMP SUM FEE $95,000.00 4.2 Payment Schedule 4.2.1 CONSULTANT shall bill CITY monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of CITY'S receipt of invoice. -8- If CITY fails to make monthly payments due CONSULTANT, CONSULTANT may, after giving seven (7) days' written notice to CITY, suspend services under this Agreement until CITY has paid in full all amounts due. 4.2.2. CONSULTANT shall provide working drawings and other documentation deemed necessary to the CITY at meetings held periodically during the design phase and reach mutual agreement that work has been performed in accordance with the attached payment schedule. 5. MISCELLANEOUS 5.1 Insurance Requirements 5.1.1 Certificate of Insurance, Cancellation or Modification 5.1.1.1 Before commencing work, the CONSULTANT shall submit to the CITY, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. 5.1.1.2 The CONSULTANT shall notify the CITY in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 5.1.1.3 Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the Agreement and/or to halt work on the project, and to withhold payment for any work performed on the contract. 5.1.2 Minimum Coverage Any policies of insurance purchased by the CONSULTANT to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: i. Comprehensive General Liability Each Occurrence Aggregate (1) Bodily Injury (2) Property Damage $250,000.00 $500,000.00 $100,000.00 ii. Motor Vehicle Liability and Property Damage Insurance Per Person Per Accident (1) Bodily Injury (2) Property Damage $250,000.00 $500,000.00 $100,000.00 iii. Workers' Compensation insurance as required by Chapter 85, Code of Iowa. -9- 5.2 Limitation of Liability CITY agrees to limit CONSULTANT'S liability to CITY due to CONSULTANT'S professional negligent acts, errors or omissions on the PROJECT to damages not exceeding the sum of $1,000,000.00. In consideration therefor, the CONSULTANT agrees at all times material to this Agreement to have and maintain professional liability insurance covering the CONSULTANT'S liability for the CONSULTANT'S negligent acts, errors and omissions to the CITY in the sum of $1,000,000.00. All provisions of the Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY OF IOWA CITY, IOWA FOR THE CONSULTANT HOWARD R. GREEN COMPANY Mayort Date: Date: //?~? Approved by: Date: Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144 RESOLUTION NO. 97-351 RESOLUTION APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to monitor the groundwater and prepare necessary quarterly, semi-annual, and annual water quality reports in accordance with state and federal regulations; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the Provision of Engineering Services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this 7th day of October , 1 997. ATTEST: ~~.~_~ '~. CITY-CLERK pweng\landfill.res MAYOR A~~,4/roved by City Attorney's Office CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of 0ctobe~' :].997 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Howard R. Green Company , of Cedar Rapids , hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City desires to secure the services of an engineering consulting firm to provide assistance in the implementation of the Hydrologic Monitoring System Plan and in the completion of routine annual services in order to remain in compliance with the IDNR Landfill Permit requirements. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES In conjunction with the here-in-after described City-performed sampling program, the Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. GROUNDWATER AND SURFACE WATER MONITORING in 1998, '1999, and 2000 THE CITY OF IOWA CITY will be responsible to perform the following tasks in a timely manner in Spring and Fall throughout the years 1998 through 2000: Collect semi-annual water samples from all monitoring points identified in the Annual Water Quality Report (AWQR) of the previous year and as approved by IDNR. Field data such as well depths and well level measurements, pH, specific conductivity, and temperature measurements will be recorded, and IDNR forms 542-1322 and 542-1324 will be completed and forwarded to the Consultant's office after each sampling event. THE CONSULTANT will perform the following services: Provide assistance in implementing the sampling program; review the analytical data and field measurements; discuss with landfill representatives any findings that may negatively impact the landfill operation. Prepare a report within the required time to IDNR discussing the latest result§ and submit with the IDNR forms to the IDNR office in Des Moines and the IDNR field office No. 6 in Washington, Iowa. O:\PROJ\718590J3\CNTRCT981C. DOC Page I ANNUAL WATER QUALITY REPORTS for 1998, 1999, and 2000 THE CONSULTANT will perform the following services: Prepare an Annual Water Quality Report (AWQR) in November of each year that contains all data collected and approved for this site through November of that year, that provides documentation of the statistical procedures utilized in the evaluation, and that will conform to the standards of [567] Iowa Administrative Code, Chapter 103.2(6) and (8). All results will be summarized in text form, with conclusions and recommendations. The actual statistical analyses output, including graphics and a digital output will be presented in an appendix. The AWQRs Reevaluation levels. will also address the requirements of the Monitoring Well Performance and Maintenance program, and will discuss well depths and monthly water ANNUAL LEACHATE CONTROL SYSTEM PERFORMANCE EVALUATION REPORT in 1998, 1999, and 2000 THE CONSULTANT will perform the following services: Prepare a Leachate Control System. Performance Evaluation (LCSPE) Report each year that summarizes all activities related to the leachate control system. The report will address the amount of leachate extracted, trends in leachate levels within the landfill compared to precipitation and trends in contamination in some monitoring wells. If cleanout of the leachate collection system becomes necessary, this report will describe the methods and results of the cleanout SEMI-ANNUAL LANDFILL INSPECTION in 1998, 1999, and 2000 THE CONSULTANT will perform the following services: Inspect the landfill and prepare a report during Spring and Fall of each year, for submittal to the IDNR office in Des Moines and the IDNR field office No. 6 in Washington, Iowa. The report will describe in detail the site's conformance or nonconformance with the permit and the approved plans and specifications. O:\PROJ\718590J3\CNTRCT981C.DOC Page 2 MONITORING WELL CLEAN-OUT AND SLUG TEST As part of the monitoring well maintenance program, all wells in the groundwater monitoring system must be evaluated for their permeability every five years. The results must be reported to IDNR, either as a separate report or as part of the Annual Water Quality Report for the year in which the test is performed. It is assumed this effort will be accomplished in Fall 1997 and reported in the 1997 AWQR. THE CONSULTANT will perform the following services: Since some uncertainty exists about the true depths of the monitoring wells, all wells will be first flushed and cleaned. Then slug and bail tests will be performed for each well. The permeability will be calculated from measurements obtained during these tests and graphically presented in the report. II. TIME OF COMPLETION The Consultant shall complete the Tasks in accordance with the schedule shown. Monitoring Well In-Situ Tests and Report by November 30th , 1997 Spring 1998 Semi-Annual Inspection/Report Spring 1998 Semi-Annual Sampling/Report Fall 1998 Semi-Annual Inspection/Report Fall 1998 Semi-Annual Sampling/Report Annual Water Quality Report 1998 Annual Leachate Control System Performance Evaluation Report by May 1st, 1998 by May 30th , 1998 by November 1st 1998 by November 30th , 1998 by November 30th , 1998 by November 30th , 1998 Spring 1999 Semi-Annual Inspection/Report Spring 1999 Semi-Annual Sampling/Report Fall 1999 Semi-Annual Inspection/Report Fall 1999 Semi-Annual SamplinglReport Annual Water Quality Report 1999 Annual Leachate Control System Performance Evaluation Report by May 1st 1999 by May 30th , 1999 by November 1st 1999 by November 30th , 1999 by November 30th , 1999 by November 30th , 1999 Spring 2000 Semi-Annual Inspection/Report Spring 2000 Semi-Annual Sampling/Report Fall 2000 Semi-Annual Inspection/Report Fall 2000 Semi-Annual Sampling/Report Annual Water Quality Report 2000 Annual Leachate Control System Performance Evaluation Report by May 1st 2000 by May 30th , 2000 by November 1st 2000 by November 30th , 2000 by November 30th , 2000 by November 30th, 2000 O:\PROJ\718590J3\CNTRCT981C.DOC Page 3 III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, creed, color, religion, sex, national origin, disability, age, martial status, gender identity, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the lump sum amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. O:~ROJ\718590J3\CNTRCT981C.DOC Page 4 Mo The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultants own filing use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. IV. COMPENSATION FOR SERVICES Semi-Annual Monitoring Sampling (6 events) Annual Water Quality Report (3 events) Annual LCSPE Reports (3 events) Semi-Annual Landfill Inspections (6 events) Monitoring Well Clean-up and Slug Testing (1 event) Total Compensation $11,050.00 $22,050.00 $14,500.00 $ 6,600.00 $ 9,000.00 $63,200.00 V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Title: Mayor FOR THE ONSU~ By: Ralph J. Rtu~, sell, P.E. Title: President ~J Date: October 7, 1997 Date: September 8, 1997 Ale)roved Byr..7~ ,, City Attorney's O:\PROJ\718590J3\CNTRCT981C.DOC Page 5 Prepared by.' Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 97-352 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RICHARD AND LORETTA ANGERER FOR TEMPORARY USE OF PUBLIC RIGHTS-OF-WAY FOR A PORTION OF COLLEGE STREET AND MUSCATINE AVENUE IN IOWA CITY, IOWA. WHEREAS, Richard and Loretta Angerer are the fee owners of certain real estate addre~ssed as 1231 College Street and described as follows: Lots 4, 5, and the west 50' of Lot 3 except North 120', Block 6, Clark and Borland's Addition; and WHEREAS, Richard and Loretta Angerer, hereafter "Owners", have constructed retaining walls along the north and west side of their property addressed 1231 College Street, as indicated in Attachment A; and WHEREAS, said retaining wall extends approximately 6 feet into the right-of-way of College Street and approximately 10.5 feet into the right-of-way of Muscatine Avenue adjacent to the property; and WHEREAS, Owners agree to remove the portion of retaining wall intruding into the College Street and Muscatine Avenue rights-of-way at such time the City requires use of any part of the rights-of-way for any purpose; and WHEREAS, Owners have requested the City permit temporary use of a portion of the College Street and Muscatine Avenue rights-of-way adjacent to the property; and WHEREAS, the City Engineering Division has reviewed the site plans, and finds the retaining walls to be a minimal intrusion into the public rights-of-way which will not adversely affect the City's interest therein; and WHEREAS, an agreement for temporary use of the College Street and Muscatine Avenue public rights-of-way containing certain conditions has been negotiated; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Council finds that Owner's retaining walls, which extend approximately 6 feet into the College Street right-of-way and 10.5 feet into the Muscatine Avenue right-of-way, constitute a minimum intrusion, and will not adversely affect the City's interests in said rights-of-way, so long as the walls conform to the conditions set forth in the accompanying agreement. Resolution No. 97-352 Page 2 The Agreement for Temporary Use of Public Rights-of-Way attached hereto and incorporated by reference herein is approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owners' expense. Passed and approved this 7th day of October ,1997. A~roved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pwe ng/resJcollege,doc Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND RICHARD AND LORETTA ANGERER FOR A PORTION OF COLLEGE STREET AND MUSCATINE AVENUE IN IOWA CITY, IOWA. This Agreement is made between Richard and Loretta Angerer ("Owners") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, Richard and Loretta Angerer are the fee owners of certain real estate addressed as 1231 College Street and described as follows: Lots 4, 5, and the west 50' of Lot 3 except North 120', Block 6, Clark and Borland's Addition; and WHEREAS, Richard and Loretta Angerer, hereafter "Owners", have constructed retaining wails along the north and west side of their property addressed 1231 College Street, as indicated in Attachment A; and WHEREAS, said retaining wall extends approximately 6 feet into the right-of-way of College Street and approximately 10.5 feet into the right-of-way of Muscatine Avenue adjacent to the property; and WHEREAS, Owners agree to remove the portion of retaining wall intruding into the College Street and Muscatine Avenue rights-of-way at such time the City requires use of any part of the rights-of- way for any purpose; and WHEREAS, Owners have requested the City permit temporaw use of a portion of the College Street and Muscatine Avenue rights-of-way adjacent to the property; and WHEREAS, the City Engineering Division has reviewed the site plans, and finds the retaining walls to be a minimal intrusion into the public rights-of-way which will not adversely affect the City's interest therein; and NOW, THEREFORE, in mutual consideration of the promises herein, Owners and the City of Iowa City agree as follows: In consideration of the conditions herein, the City agrees to permit Owners to extend a portion of a retaining wall into a portion of the College Street and Muscatine Avenue rights- of-way, and that said extension into the College Street right-of-way shall be approximately 6 feet and extension into the Muscatine Avenue right-of-way shall be approximately 10.5 feet. 2. Owners agree to comply with the conditions set forth herein. Owners agree that in the event the City requires use of any part of the rights-of-way for any purpose, and/or must remove any portion of retaining walls, City is not responsible for 2 the restoration of, replacement, or payment of damages for said retaining walls, and it shall be the Owners' burden to restore the walls at their own expense if they choose. Owners agree that the City may, at its discretion, elect to give notice to Owners to remove the retaining walls which extend into the College Street and Muscatine Avenue rights-of- way, all as provided in Section 364.12, Code of Iowa (1997); and in the event Owners do not comply within the time period designated in the Notice to Remove, City may elect to remove, or direct removal of the retaining walls and/or any other obstructions from the rights-of-way, and to charge the cost of such removal to Owners, which Owners hereby agree to pay. Further, any costs of removal may be assessed against the property in the manner provided in Section 364.12(2)(e), Code of Iowa (1997). Owners, together with their successors and assigns, agree to indemnify, defend and hold City harmless in connection with any liability whatsoever arising in regard to the installa- tion, maintenance, use, location, existence or repair of said retaining walls within the College Street and Muscatine Avenue rights-of-way, including any liability which the City may incur as a result of its decision to allow placement of said retaining walls within the College Street and Muscatine Avenue rights-of-way. Owners may later be required to carry liability insurance coverage, but such coverage is now waived by the City. If any required insurance is not maintained, the City shall have the right to remove the retaining walls pursuant to Section 364.12, Code of Iowa (1997). Owners acknowledge and agree that no property right is conferred by this grant of permis- sion to use the College Street and Muscatine Avenue rights-of-way for placement of the retaining walls; that the City is not empowered to grant a permanent use of its street rights- of-way for private purposes; and that the City may order said portion of retaining walls removed at any time, if, for any reason, the City Council determines that the property on which the retaining walls are located is needed for a public use and/or should be cleared of any or all obstructions, as provided by state law. This Easement Agreement shall be recorded in the Johnson County Recorder's Office, at Owners' expense. 8. This agreement shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest and assigns of both parties. Dated this ~ day of O ~.~ ~, ~ v- ,1997. CITY OF IOWA CITY INaomi (JJNo~ick, Mayor Attest: .~.~~. ~ Marian K. Karr, City Clerk Ri(~hard Angerer Loretta Angerer City Attorney's Office 3 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this '"141" day of Oc~ ~,,.¢' ,19 ~"7 , before me, .S~n<]¢,~. - ~!~ _~_ , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ~'?-- $.¢ ,,~ passed by the City Council, on the 7'¢/~ day of ~)~,.~ ~- , 19 9-7 , and that Naomi J. Novick and Marian K. Kerr 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 OWNERS' ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this "~'~h day of Coun~ , 1997, before me, the undersigned, a Notary Public in and for said te, personally appeared Richard Angerer, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. OWNERS' ACKNOWLEDGMENT STATE OF IOWA ) ) SS: couN ) On this I ~,"~ day of (~ ~ )3~ , 1997, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Loretta Angerer, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. .~ ANNE ROWLEY 'Notary Public in and f! My Corprnissi~J~xpires ~:%l~& I~ r said Co'u~ and State pweng/a gt/college.doc r Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5025 RESOLUTION NO. 97-353 RESOLUTION RECLASSIFYING THE POSITION OF ELECTRONICS TECHNICIAN - TRAFFIC ENGINEERING IN THE TRAFFIC ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND AMENDING THE AFSCME PAY PLAN. WHEREAS, Resolution No. 96-147, adopted by the City Council on May 21, 1996, established a classification/compensation plan for AFSCME employees; and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibili- ties performed; and WHEREAS, the AFSCME Classification Review Committee has reviewed the changes in the position of Electronics Technician - Traffic Engineering and determined reclassification is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the position of Electronics Technician - Traffic Engineering be reclassified from Range 12 to Range 13 of the AFSCME pay plan. Passed and approved this 7th day of October , 1 997. CIT'~-CLERK MAYOR Approved by It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef humanrel\electeng.res Prepared by: Marian Karr, City Clerk, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 97-354 RESOLUTION APPOINTING ELEANOR M. DILKES AS CITY ATTORNEY AND SETTING COMPENSATION. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to appoint a City Attorney and establish a salary for the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Eleanor M. Dilkes be appointed City Attorney and shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salary is hereby established effective September 29, 1997: City Attorney - $70,000.00 Passed and approved this 7th day of 0ctobe~' ,1997. ATTEST:ciTY~ ~' It was moved by Thornbe~'~'..v adopted, and upon roll call there were: MAYOR clerk\res\actingca.doc A~.~tL..f/ved by City Attorney's Office and seconded by Lehman AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef .- RESOLUTION NO. 97-355 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, Sandra J. Currier, Everett Currier, Tabitha Rasmussen, and Karissa Rasmussen, individually', and Sandra J. Currier on behalf of her minor children Christiana Rasmussen, Shoshanna Rasmussen, Ariana Rasmussen, Seth Leaton, Ayla Leaton, Raina Leaton, and Elijah Currier filed a lawsuit in the Johnson County District Court, No. 57303, against the City of Iowa City with regard to injuries Sandra J. Currier sustained while using a swing in CRANDIC Park in Iowa City on June 24, 1997; and WHEREAS, any damages against the City for the above-referenced claim are the responsibility of the City's excess liability insurance carrier; and WHEREAS, all parties in this matter have arrived at a settlement agreement, which has been approved by the City's excess liability insurance carrier, and wish to resolve the claim without further litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Sandra J. Currier, in the amount of $39,000.00 in full satisfaction of any and all claims which claimants and/or parties may have against the City in the above matter, in consideration of the claimants' full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Johnson County District Court case No. 57303 should be and is hereby settled, and said settlement, as previously discussed in executive session on October 6, 1997, is hereby ratified for the total sum of $39,000.00, to be paid by the City's excess liability carrier, payable to Sandra J. Currier, and their attorney of record, in full satisfaction of any and all claims. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of an appropriate release and dismissal of the City of Iowa City from Johnson County District Court case No. 57303, with prejudice. Passed and approved this 7th day of October , 1997. CITY CLERK MAYOR City Attorney's Office Resolution No. 97-355 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