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HomeMy WebLinkAbout2004-08-03 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 04-203 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Union Bar - 121 E. College Street Passed and approved this 3rd day of Auqust ,20 04 Approved by CIT~CI_ERK ' - (~'it~ Attorney's O~fice' It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X EIliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO.. 04-204 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/her 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: Union Bar 121 E. College Street Passed and approved this 3rd day of August ,20, 04 MAYOR It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 04-205 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/her filing an application, having endorsed thereon the cedificates 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'. Mill Restaurant - 120 E. Burlington Street Etc. - 118 S. Dubuque Street Green Room 509 S. Gilbert Street Iowa City Fall Fun Festival - 2120 Rochester Avenue Third Base Sports Bar, Field House 111 E. College Street Passed and approved this 3rd day of August ,20 04 ATTEST: '~} .¢...~....~._.) C[TY~LE~K ' City At~orr~e:~'s/Off~e It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Mitcher T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-206 RESOLUTION OF INTENT TO EXECUTE A CONSERVATION EASEMENT AGREEMENT FOR PRESERVATION OF THE ENGLERT CIVIC THEATER, AND SETTING A PUBLIC HEARING FOR AUGUST 31, 2004. WHEREAS, the City is selling the Englert theatre on contract to Englert Civic Theatre Inc; WHEREAS, as a condition of receipt of $365,000 in financial assistance from the Iowa Department of Cultural Affairs, the State is requiring that a 50 - year conservation easement be placed on the property to ensure that it is rehabilitated and maintained in accordance with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; and WHEREAS, the State is requiring that the City execute the easement agreement to ensure that the City will be bound by the terms thereof if the City becomes the owner of the property again by virtue of the contract with Englert Civic Theatre Inc; and WHEREAS, Englert Civic Theatre Inc. has requested that the City execute the attached easement agreement to enable them to obtain the financial assistance from the State. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to approve the attached Conservation Easement Agreement For Preservation of the Englert Civic Theater. 2. A public hearing on said proposed agreement should be and is hereby set for August 31, 2004, at 7:00 p.m. in Emma J. Harvat Hall of the Civic Center, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting cf the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 3rd day of Auqust ,20 04 . Resolution No. 04-206 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Preparer: Michael H. Smith, Assistant Attorney General, PH: 515-281-5263; FAX 515-242-6072 IOWA DEPARTMENT OF JUSTICE, Lucas Building, Room 018, Des Moines, IA 50319 CONSERVATION EASEMENT AGREEMENT FOR PRESERVATION OF TItE ENGLERT CIVIC THEATER INTRODUCTION. This conservation easement agreement is made between Englert Civic Theatre, Inc., [Englert Civic Theatre] an Iowa nonprofit corporation, as GRANTOR of a conservation easement, and the Historical Division of the Iowa Department of Cultural Affairs ("Historical Division"), as GRANTEE of the conservation easement. This conservation easement agreement is entered under Iowa Code chapter 457A for the purpose of preserving the Englert Theatre, a building that is important culturally, historically, and architecturally. 1. The Subiect Property. This agreement creates a conservation easement in real estate legally described as The West 63 feet of Lot 2, Block 65, Iowa City, Iowa. The Subject Property is the site of the Englert Theatre, located at 221 E. Washington St. in Iowa City, Iowa. 2. Grant of conservation easement. In consideration of the sum of $365,000.00 received in financial assistance from the National Park Service of the United States Department of the Interior, Englert Civic Theatre hereby grants to the Historical Division a conservation easement in the Subject Property for the purpose of assuring preservation of the Englert Theatre [hereinafter: "the Building"]. 3. Easement required for federal grant. This conservation easement is granted as a condition of the eligibility of Englert Civic Theatre for the financial assistance from the National Park Service of the United States Department of the Interior appropriated from the Historic Preservation Fund for the Save America's Treasures Grant Program by Public Law 106-113. 4. Conditions of easement: a. Duration. This conservation easement is granted for a period of fifty (50) years commencing on the date when it is filed with the Johnson County Recorder. b. Documentation of condition of the Building at time of grant of this easement. In order to make more certain the full extent of Englert Civic Theatre's obligations and the restrictions on the Subject Property, and in order to document the nature and condition of the Building, including significant interior elements in spatial context, a list of character-defining materials, features and spaces is incorporated as Exhibit "A" at the end of this agreement. Englert Civic Theatre has provided to the Historical Division architectural drawings including floor plans. To complement Exhibit "A", Historical Division personnel have compiled a photographic record, including photographer's affidavit, black and white photographs and negatives, color digital prints, photograph logs, and a keyed location map. Englert Civic Theatre agrees that the nature and condition of the Building on the date of execution of this easement is accurately documented by the architectural drawings and photographic record, which shall be maintained for the life of this easement in the Historical Division's conservation easement file for the Building. c. Restrictions on activities that would affect historically significant components of the Building. Englert Civic Theatre agrees that no construction, alteration, or remodeling or any other activity shall be undertaken or permitted to be undertaken on the Subject Property which would affect historically significant interior spaces and features identified in Exhibit "A", exterior construction materials, architectural details, form, fenestration, height of the Building, or adversely affect its structural soundness without prior written permission of the Historical Division affirming that such reconstruction, repair, repainting, refinishing, rehabilitation, preservation, or restoration will meet The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (hereinafter referred to as the "Standards"). d. Duty to maintain the Building. Englert Civic Theatre agrees at all times to maintain the Building in a good and sound state of repair and to maintain the Subject Property, including the Building, according to the Standards so as to prevent deterioration and preserve the architectural and historical integrity of the Building in ways that protect and enhance those qualities that make the Building eligible for listing in the National Register of Historic Places. 2 e. Public access. Englert Civic Theatre agrees to provide public access to view the grant-assisted work or features no less than 12 days a year on an equitably spaced basis. At the option of Englert Civic Theatre, the relevant portions of the Building may also be open at other times by appointment, in addition to the scheduled 12 days a year. Nothing in this agreement will prohibit a reasonably nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. f Right to inspect. Englert Civic Theatre agrees that the Historical Division, its, employees, agents and designees shall have the right to inspect the Building at all reasonable times, with twenty-four hours written notice, in order to ascertain whether the conditions of this easement agreement are being observed. g. Anti-discrimination. Englert Civic Theatre agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000 (d), the Americans with Disabilities Act (42 U.S.C. 12204), and with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). These laws prohibit discrimination on the basis of race, religion, national origin, or disability. In implementing public access, reasonable accommodation to qualified disabled persons shall be made in consultation with the Historical Division. h. Transfer of easement by the Historical Division. The Historical Division may, at its discretion, and without prior notice to Englert Civic Theatre, transfer all or part of its rights and responsibilities contained in this easement to a third party that is authorized by Iowa Code chapter 457A to hold conservation easements. i. Easement shall run with the lan& conditions on conveyance. This conservation easement shall run with the land and be binding on Englert Civic Theatre, its successors and assigns. Englert Civic Theatre agrees to insert an appropriate reference to this easement agreement in any deed or other legal instrument by which it divests itself of either the fee simple title or other lesser estate in the Building, the Subject Property, or any part thereof. j. Casualty Damage or Destruction. In the event that the Building or any part of it shall be damaged or destroyed by fire, flood, windstorm, earth movement, or other casualty, Englert Civic Theatre shall notify the Historical Division in writing within 14 days of the damage or destruction, such notification including what, if any, emergency work has already been completed. No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Building and to protect public safety, shall be undertaken by Englert Civic Theatre without the Historical Division's prior written approval indicating that the proposed work will meet the Standards. The Historical Division shall give its written approval, if any, of any proposed work within 60 days of receiving the request from Englert Civic Theatre. If, after reviewing a written report prepared by a qualified preservation architect who are acceptable to both parties, they agree that the restoration/reconstruction of the property is impractical or impossible or agree that the purpose of this easement would not be served by such restoration/reconstruction, Englert Civic Theatre may, with the prior written approval of the Historical Division, alter, demolish, remove, or raze one or more elements of the Building, or the Building itself, and/or construct new improvements on the Subject Property. The Historical Division shall give its written approval, if any, within 60 days of receiving Englert Civic Theatre's request for approval. The parties may also agree to extinguish this easement in whole or in part in accordance with the laws of the State of Iowa. k. Enforcement. The Historical Division shall have the right to prevent and correct violations of the terms of this easement. If the Historical Division, upon inspection of the property, finds what appears to be a violation, it may exercise its discretion to seek injunctive relief in a court having jurisdiction. Except when an ongoing or imminent violation will irreversibly diminish or impair the cultural, historical and architectural importance of the Building, the Historical Division shall give Englert Civic Theatre written notice of the violation and allow thirty (30) days to correct the violation before taking any formal action, including, but not limited to, legal action. Ifa court, having jurisdiction, determines that a violation exists or has occurred, the Historical Division may obtain an injunction to stop the violation, temporarily or permanently. A court may also issue a mandatory injunction requiring Englert Civic Theatre to restore the Building to a condition that would be consistent with preservation purposes of the grant from the National Park Service. In any case where a court finds that a violation has occurred, the court may require Englert Civic Theatre to reimburse the Historical Division and the Iowa Attorney General for all the State's expenses incurred in stopping, preventing and correcting the violation, including but not limited to reasonable attorney's fees. The failure of the Historical Division to discover a violation or to take immediate action to correct a violation shall not bar it from doing so at a later time. l. Amendments. The parties may by mutual written agreement jointly amend this easement, provided the amendment shall be consistent with preservation purpose of this easement and shall not reduce its term of duration. Any such amendment shall not be effective unless it is executed in the same manner as this easement, refers expressly to this easement, and is filed with the Johnson County Recorder. m. Effective date; severability. This conservation easement shall become effective when Englert Civic Theatre files it in the Office of the Recorder of Johnson County, Iowa, with a copy of the recorded instrument provided to the Historical Division for its conservation easement file. If any part of this conservation easement agreement is held to be illegal by a court, the validity of the remaining parts shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the conservation agreement does not contain the particular part held to be invalid. GRANTOR: Englert Civ~/~e, Inc., an Iowa non-profit corporation By: ~os~nn~~dent, Board of Directors STATE OF IOWA, JOItNSON COUNTY, ss: On this ]3"4[qtay of~, 2004, before me the undersigned, a Notary Public for said State, personally appeared Thomas ll. osenberger, to me personally known, who stated that he is President of the Board of Directors of Englert Civic Theatre, Inc., that no seal has been procured by said corporation, and that the foregoing instrument was signed on behalf of said corporation by authority of its Board of Directors, and that as such officer, he acknowledged that he executed the foregoing instrument as his voluntary act and the voluntary act of the corporation. f ,~. YA~ M~Jmn' ' ~ I '~l~' My Commission Expires / I,~..:l March :8. 2005 / NOTARY pLrBLIC FOR THE STATE OF IOWA GRANTEE: Io~a D.~epartment of Cultural Affairs, Historical Division Lowell J. Soike, D~eputy State Historic Prhservation Officer STATE OF IOWA, POLK COUNTY, ss: On the ~, ~ day of~, 2004, before me, a Notary Public for said State, personally appeared Lowell J. Soike, '~fio staled that he is the duly appointed and actively serving Deputy State Historic Preservation Officer in the Historical Division of the Iowa Department of Cultural Affairs and that he executed the foregoing conservation easement agreement as his voluntary act and as the voluntary accent of Cultural Affairs. NO~Y~PUBLI~(SR THE STATE OF IOWA .q-&o~ CONSENT BY CITY OF IOWA CITY The City of Iowa City, Iowa, as seller of the Subject Property under the real estate contract dated November 8, 2000, filed January 5, 2001 and recorded in Book 3028, Page 427, in the records of Johnson County, Iowa, hereby consents to this easement agreement. City of Iowa City, Iowa By. Ernest W. Lehman, Mayor Attest: Marian Karr, City Clerk STATE OF IOWA; JOHNSON COUNTY, SS: On this day of ,2004, before me the undersigned, a Notary Public for said State, personally appeared Ernest W. Lehman and Marian Kart, to me personally known, who stated that they are, respectively, the Mayor and City Clerk of the City of Iowa City, Iowa, that the foregoing instrument was signed on behalf of said City by authority of its City Council pursuant to the resolution adopted by majority vote of at its meeting on the day of ,2004, and they acknowledged execution of the foregoing consent to conservation easement agreement as their voluntary act and the voluntary ~ct of the City of Iowa City, Iowa. NOTARY PUBLIC FOR THE STATE OF IOWA 6 EXHIBIT "A" TO CONSERVATION EASEMENT AGREEMENT Englert Theater, Iowa City, Iowa Save America's Treasures Site Visit for Preservation Easement December 15, 2003 Ralph Christian, Barbara Mitchell, Jack Porter To remain eligible for listing on the National Register of Historic Places, a property must be able to convey its significance. The following character-defining materials, spaces, and features have been identified as those that help convey the significance of the Englert Theater. Significant Interior Spaces and Features Lobby · Placement and configuration of arched openings in lobby · Original or replacement wall, floor, and ceiling finishes, including original slate floor in lobby · Original or replacement ornamental plasterwork in lobby, including cartouches, scored walls, and frieze Auxiliary Spaces on the 2nd and 3rd Floors · Original doors, windows, and associated hardware whether currently installed or otherwise stored, including original one-over-one windows with eight-pane casement interior storms on 2na and 3rd floors · Original decorative woodwork on the 2nd and 3ra floors, including door/window casings · Original radiators and radiator covers, whether currently installed or otherwise stored · Original or replacement wall, floor, and ceiling finishes, including original diagonal wood flooring throughont the 2"a floor apartment · Original lighting fixture and shades in east room of 2"a floor apartment · Original bath fixtures in bathroom of 2nd floor apartment, whether currently installed or otherwise stored, should be retained if at all possible · Original "St. Louis" fire doors between theatre auditorium and 3rd floor auxiliary rooms Theater Auditorium and Stage House · Overall volume of auditorium, particularly its small scale and low slope in the balcony · Placement, configuration, and material quality of proscenium arch · Design, material quality, and color of the circa 1926 asbestos fire curtain · Original or replacement decorative or ornamental plasterwork in auditorium, including rosette and fruited friezes, and domes underneath balcony · Placement and configuration of arched doorways on either side of auditorium/stage (openings into basement) · "Richmond" fire doors into projection booth · Original lighting fixtures, whether currently installed or otherwise stored, including: · Lantern-like light fixtures on balcony · Exposed bulb light fixtures on ceiling (cimular 4-bulb fixtures) 7 · Line of exposed bulbs along edge of proscenium · Overall volume and scale of stage house · Original rear stage entry double door · Placement and rhythmic quality of dressing room doors in basement corridor · Historic lavatory doors on east end of row of dressing rooms * Mural artwork dating to circa 1945, whether currently displayed or painted over should be taken into consideration for all future rehabilitation work Significant Exterior Spaces and Features · Original or replacement construction materials and architectural details, including the design, material quality, and color of the bricks, mortar joints, and the cornice · Overall form, scale, and height of the building · Fenestration pattern · Spatial relationship to adjacent buildings and public spaces, including the sidewalk and street · Placement, configuration, design, and material quality of theatre marquee · Original cornerstones with name/date engraving Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-207 RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2608 INDIGO COURT TO A SECTION 8 PROGRAM PARTICIPANT AND SETTING A PUBLIC HEARING FOR AUGUST 31, 2004. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) implementing agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 2608 Indigo Court, Iowa City; and WHEREAS, a disabled Section 8 program participant has offered to purchase the home at 2608 Indigo Court for the principal sum of $103,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 2608 Indigo Court, Iowa City, Iowa, also known as Lot 76, Whispering Meadows, Part Two, to a disabled Section 8 program participant for the sum of $103,000. 2. A public hearing on said proposal should be and is hereby set for August 31, 2004, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 3r'd dayof~2004. ~ /,~ '~IAYOR Approved by CITY'C:~ERK City Attorney's Office Resolution No. 04-207 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 04-208 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY SEWER SEPARATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAiD HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 31st day of August, 2004, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 3rd dayof Auqust ,2004. City 'Gte rk Approved by: Resolution No, 04-208 Page 2 It was moved by Ch, ampion and seconded by. Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 04-209 RESOLUTION ACKNOWLEDGING SERVICE OF THIRTY (30) DAY PERMIT SUSPENSION AND ACCEPTING WAIVER OF RIGHT TO HEARING FROM LOYAL ORDER OF MOOSE LODGE #1096 WHEREAS, on May 24, 2004, an employee of the establishment operating under the retail cigarette permit issued to Loyal Order of Moose Lodge #1096, 3151 Highway 6 East, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within a two-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit may be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code § 453A.2(1) and, at the establishment's option, either a $1500.00 civil penalty or a suspension of its permit for a period of thirty (30) days the second time its employee violates Iowa Code § 453A.2(1) within a two-year period, each after a hearing and proper notice; and WHEREAS, on or about July 14, 2004, Loyal Order of Moose Lodge #1096 waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by turning in its retail cigarette permit to the City Clerk of the City of Iowa City to be held for a period of thirty (30) days in complete satisfaction of the civil penalty required by Iowa Code § 453A.22(2); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to heating and acknowledge service of the thirty (30) day permit suspension on behalf of Loyal Order of Moose Lodge #1096. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: August 3, 2004 City ~]l-erk, City of Iowa City Resolution No. 04-209 Page ~ It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum Prepared by: Anissa Williams, JCCOG Traffic Eng. Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 04-210 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR ATFAINMENT PROGRAM (ICAAP) FOR THE ARTERIAL STREET TRAFFIC SIGNAL INTERCONNECTION PROJECT. WHEREAS, the Iowa Department of Transportation has made funds available for projects to reduce vehicle emissions; and WHEREAS, delay along arterial street corridors causes traffic congestion, which produces excessive levels of vehicle emissions; and WHEREAS, an arterial street traffic signal interconnection project has been developed which will reduce congestion and vehicle emissions along arterial street corridors in Iowa City; and WHEREAS, Iowa Clean Air Attainment Program Funds will be required to complete said traffic signal interconnection project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Staff is authorized to submit an application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program funds. 2. Staff is authorized to file any additional documentation that is required by the Iowa Department of Transportation. 3. The City agrees to maintain and operate the signal interconnection project for public use during the project's useful life if funding is approved. 4. The City of Iowa City agrees to commit the necessary 20% matching funds up to an amount not to exceed $53,860 for project implementation. 5. That the Mayor is authorized to sign the application form and any subsequent grant contracts with Iowa DOT. Passed and approved this 3rd dayof Au~_~s_,t ,20 04 Approved by ClTY'~LERK Cit~'/~tt~rr~e~,'s Office ,../t ~,_//az./._ _ Resolution No. 04-210 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey × Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 04-211 RESOLUTION ESTABLISHING FEE FOR CITY PLAZA NEWSPAPER KIOSKS WHEREAS, Section 10-5-8J of the Code of Ordinances of the City of Iowa City provides that an annual administrative fee be established by resolution for use of City-owned modular unit vending machines, hereafter referred to as kiosks; and WHEREAS, City administration at the direction of City Council established a pilot program to fill the newspaper kiosk space to run from September 1, 2001 through April 1, 2003; and WHEREAS, Resolution 01-252 established a special pilot program fee of $25 for City Plaza newspaper kiosks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the following fee be maintained for the City Plaza newspaper kiosks: 1. Annual fee of $25 per each space requested. Passed and approved this 3rd dayof August ,20 04. Approved by ClTY-C-'I_ERK City Attorney's Office It was moved by Char~pion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn clerrJres/kioskfee doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-212 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 42 BLUE STEM COURT, IOWA CITY, IOWA. WHEREAS, on June 28, 2002, the owners executed a Mortgage in the amount of $2,787.; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 42 Blue Stem Court, Iowa City, Iowa from a Mortgage recorded July 15, 2002, Book 3335, Page 210 through Page 213 of the Johnson County Recorder's Office. Passed and approved this 3rd day of Auqust ,20 04 MAYOR Approved by CITY'CLERK City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X' Elliott X Lehman X O'Donnell X Vanderhoef × Wilburn ppd m ha b/res/2220cali fomia.re~.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 42 Blue Stem Court, Iowa City, Iowa, and legally described as follows: Lot 44, Whispering Meadows Subdivision Part One, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa from an obligation of the owners, Terry L. Helfrich and Doris J. Helfrich, to the City of Iowa City in the total amount of $2,787 represented by a Mortgage recorded July 15, 2002, Book 3335, Page 210 through Page 213 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 document. MAYOR Approved by ATTEST: "~~ 7~. CiTY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this '~ ''J day of ~s~-- , A.D. 20 O'dr , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. c~z~- ,~/ott, adopted by the City Council on the ~ ' '~ day ~ur.~ucc-, 20 0 ~r and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Ppdrehab/Iot44whisp-rel.dec Notary Public in and for Johnson County, Iowa ~Commlssion Number 159791 I'.~1 My Commission Expires Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 04-213 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 110 EAST COLLEGE L.L.C., AND TENANT MIA MILANO RESTAURANT INC. d/b/a MIA MILANO, FOR A SIDEWALK CAFe; AT I10 EAST COLLEGE ST., IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, real estate contract sellers Henry W. Louis and Sherry J. Louis, and real estate contract purchaser 110 East College L.L.C., and Mia Milano Restaurant Inc., d/b/a Mia Milano, applied for temporary use of the public right-of-way at 110 East College St., Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 3rdday of P,u ust ,2004. CITY'CLERK City Attorney's Office Resolution No. 04-213 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X . Champion X Elliott X Lehman X O'Donnell X Vanderhoef × Wilburn Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-214 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE PROPERTY LOCATED AT 505 EAST COLLEGE STREET, IOWA CITY, IOWA. WHEREAS, on September 11, 1998, the owners executed an Agreement for the Use of Community Development Block Grant (CDBG) funds in the amount of $22,154.; and WHEREAS, the terms have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 505 East College Street, Iowa City, Iowa from an Agreement recorded April 12, 2002, Book 3271, Page 166 through Page 177 of the Johnson County Recorder's Office. Passed and approved this 3rd day of August ,20 04 Approved by CiTY'"6LERK City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppdrehab/resJ505ecollege-rel.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 505 East College Street, Iowa City, Iowa, and legally described as follows: West 70 feet of Lot 4, Block 42, original town of Iowa City from an obligation of the owner, Mid-Eastern Iowa Community Mental Health Center, to the City of Iowa City in the total amount of $22,154 represented by an Agreement recorded April 12, 2002, Book 3271, Page 166 through Page 177 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 document. Approve,~by CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: " JOHNSON COUNTY ) On this ~ '-j day of ~tG~--T- , A.D. 20 o'tL , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Kart, 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 Cguncil, as contained in Resolution No. oz} -~1.~-, adopted by the City Council on the ,~ ~'~'- day ~c~-S-T; 20 <~z{_ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of' said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ppd reha b/505ecollege-rel,doc I.~,~ ~lC°~mLssion Nurnber 'm$979t! J ,~g.'] My_Commission E,~ires ~ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5246 RESOLUTION NO. 04-215 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2221 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA. WHEREAS, on May 13, 1999, the owner executed a five-year forgivable Mortgage in the amount of $6,000; and WHEREAS, the terms have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2221 Hollywood Boulevard, Iowa City, Iowa from a Mortgage recorded May 24, 1999, Book 2741, Page 160 through Page 166 of the Johnson County Recorder's Office. Passed and approved this 3t-d day of Auqust ,20 04 Approved by CITY'CLERK City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppdrehab/res/2221 hwood-rel.dcc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 2221 Hollywood Boulevard, Iowa City, Iowa, and legally described as follows: Lot Seventeen (.17), Block Six (6), Fair Meadows Addition, Second Unit, to the City of Iowa City, Johnson County, Iowa, subject to easements and restrictions and covenants of record and also subject to a mortgage to Home Federal Savings and Loan Association, of Des Moines, dated October 1, 1962, and recorded October 2, 1962, in Book 128, page 238, Mortgage Records of the Office of the Johnson county Recorder, which mortgage the grantees herein assume and agree to pay. from an obligation of the owner, Rose Van Hoven, to the City of Iowa City in the total amount of $6,000 represented by a Mortgage recorded May 24, 1999, Book 2741, Page 160 through Page 166 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 document. Approved by CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this -~ '~/ day of ,~c~r~u,%-I- , A.D. 20 ~ ~- , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Emest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City ~ouncil, as contained in Resolution No. ~,z} _,,~/~, adopted by the City Council on the .% & day ~c~,%'-F;, 20 0 ~ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab/2221hwood-reLdoc Notary Public in and for Johnson County, Iowa 4'~ .,_ SONDRAE FORT ~°411~%~Commission Number 159791 I'~[ 1 My Commission Expires Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-216 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'FI'EST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 2220 CALIFORNIA AVENUE, IOWA CITY, IOWA. WHEREAS, on March 29, 1999, the owners executed a five-year forgivable Mortgage in the amount of $1,721; and WHEREAS, the terms have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 2220 California Avenue, Iowa City, Iowa from a Mortgage recorded April 6, 1999, Book 2709, Page 67 through Page 71, and from a Promissory Note recorded April 6, 1999, Book 2709, Page 72 through Page 73 of the Johnson County Recorder's Office. Passed and approved this 3rd dayof Auqust ,20 04 Approved by CITY ~:LERK City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion × Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppdrehab/res/2220califomia-reLdoc Prepared by: Liz Osbome. CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIENS The City of Iowa City does hereby release the property at 2220 California Avenue, Iowa City, Iowa, and legally described as follows: Lot 10, Block 7, Fair Meadows Addition Third Unit, Iowa City, Iowa, subject to easements and restrictions of record thereof. from an obligation of the owners, Robert P. Crawford and Delores Crawford, to the City of Iowa City in the total amount of $1,721 represented by a Mortgage recorded April 6, 1999, Book 2709, Page 67 through Page 71, and a Promissory Note recorded April 6, 1999, Book 2709, Page 72 through Page 73 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 document. Approved by CITY CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis ~A dayof ~,~C~L~.-~ ,A.D. 20 OZ~ ,beforeme, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Kart, 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 authorit~.qf its Ci!~/Council, as contained in Resolution No.oZ~-..2//~, adopted by the City Council on the ~' ~ day +-~co~ ,20 ~'~ and that the said Ernest W. Lehman and Marian K. Kart 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~, .re~ Notary Public in and for Johnson County, Iowa .~o_~ .,~'~., J SONDRAE FORT I ~° ~ll~ ~lCommission Number 1597911 ] My Commission ~pires Prepared by: Liz Osborne, CD Division~ 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-217 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 715 FIRST AVENUE, IOWA CITY, IOWA. WHEREAS, on November 23, 1993, the owners executed a ten-year declining balance loan in the amount of $10,000; and WHEREAS, the terms have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 715 First Avenue, Iowa City, Iowa from a Rehabilitation Agreement, recorded December 13, 1993, Book 1671, Page 144 through Pager 147; a Promissory Note, recorded December 13, 1993, Book 1671, Page 148 through Page 150; and a Mortgage recorded December 13, 1993, Book 1671, Page 151 through Page 155 of the dohnson County Recorder's Office. Passed and approved this 3rd dayof Auqust ,20 04 . CITY~,LERK City Attorney's Office It was moved by Chamoion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum ppdrehab/res/715firstave-rel.doc Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 715 First Avenue, Iowa City, Iowa, and legally described as fellows: Lot 3 in Block 4, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the owners, Michael and Terri Finley, to the City of Iowa City in the total amount of $10,000 represented by a Rehabilitation Agreement, recorded December 13, 1993, Book 1671, Page 144 through Pager 147; a Promissory Note, recorded December. 13, 1993, Book 1671, Page 146 through Page 150; and a Mortgage recorded December 13, 1993, Book 1671, Page 151 through Page 155 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 document. ATTEST: ~~ ,,~. zZ~.4~D '3t-~'~-oY CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~"~ day of -/~c~ ~ , A.D. 20 ~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan K. Kart, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~<~- .3 ! 7, adopted by the City Council on the .~ ~'<~ day ~ur~3¢, 20 o~r and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ppdrehab/715firstave-rel.doc I~'~1~ '~lCommlssion Number 1597911 I'~'1 My Commission F. xpres I Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-218 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1541 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, on July 21, 1999, the owners executed a five-year forgivable Mortgage in the amount of $2,500; and WHEREAS, the terms have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1541 Dickenson Lane, Iowa City, Iowa from a Mortgage recorded August 13, 1999, Book 2806, Page 305 through Page 309 of the Johnson County Recorder's Office. Passed and approved this 3rd day of August ,20 04 ClTY'C%ERK City Attorney's Office ppd mba b/res/154 ldic,~en son-fei.doc Resolution No. 04-218 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1541 Dickenson Lane, Iowa City, Iowa, and legally described as follows: The Buildings and Improvements Only, as presently erected and located upon the real property (referred to as "Land") legally described as Lot 101, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa. This conveyance is subject to an existing mortgage, recorded on February 27, 1998 in Book 2429, Page 221, from Greater Iowa City Housing Fellowship ("GICHF") to the City of Iowa City, which mortgage shall be subordinated to a new mortgage from Grantee to Grantee's lender. It is the intention of the parties that the title to the Land underlying the buildings and improvements conveyed by this Deed remains vested in GICHF. The Land will be subject to a Ground Lease between GICHF and the Grantee, a short form of which shall be filed by GICHF with the office of the Johnson County Recorder. "improvements" include any valuable addition made to the Land intended to enhance its value, beauty or utility or to adapt it for use as a residence, including but not limited to buildings, any permanent structure or other development such as sidewalks, driveways, fences, sewers, pipelines, and utilities. from an obligation of the owners, Ivica Romanovic and Vinka Romanovic, to the City of Iowa City in the total amount of $2,500 represented by a Mortgage recorded August 13, 1999, Book 2806, Page 305 through Page 309 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 document. Approv~~;~ ClYY ~.ERK ' City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this .~"J day of ~c~u~T , A.D. 20 oZ~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. czl-.~)?, . adopted by the City Council on the .:5 ~ day ~l,~u~-r. 20 ~.4 and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Ppdrehab/1541dickensor~reLdoc Notary Public in and for Johnson County, Iowa i SONDRAE FORT ~°'t~ ~. C,~mm)ssion Number 159791 · ~ ' My Commission Exp res I Prepared by: Shelley McCaffer[y, Associated Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5 RESOLUTION NO. 04-219 RESOLUTION APPROVING THE DESIGN OF THE SIGN FOR "LIBERTY BANK" AT 210 S. DUBUQUE STREET WHEREAS, the applicant, Sheraton Inn, has filed an application for the design approval of an exterior sign for "Liberty Bank" located at 210 S. Dubuque Street; and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Housing and Inspections Services Department, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved; and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the exterior signage for "Liberty Bank" at 210 S. Dubuque Street be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 3rd day of Auqust ,2004. Approved by ATTEST: '~,~¢....~.~....~ ..~ /~..~1,~~ ~/~--'7'/~44 CITY'CLERK Cit~, Attorney's Office Resolution No. 04-219 Page 2 It was moved by Chamoion and seconded by Vanderho¢f the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman × O'Donnell X Vanderhoef X Wilburn CITY OF I0 WA CITY Design Review Certificate of Approval for Signage ~.' ~(-;/VOq - 000 'lC. (case number) The proposed sign meets all sign ordinance requirements and has been approved by the Design Review Committee. ce~ah'erty ~//~/ fijt~ Tallma'~ff" Date Date Jann/~eam SIGN APPLICATION & PERMIT Permit No. City of Iowa City Permit Date Fee $ Application Date LOCATION OF SIGN ..~) ~ ~.~, ~,-.,..6~.~.c. ,.,,.. ,.~'t, -~.~e,~.~¢~.~ J/rJ~-/.)ZON NG DISTRICT C' ~ / o OWNER OFPROPERTY ~OJ~ r~ t-~... /--j ~,-'~ _( ,~J~' ~ ~.~,.,~,~ ~ (~t~ name addr~s p~ne OWNER OF BUSINESS ~db~ , ~ ~g~ L~c~,~ ~)~ L~C~/ ~ ~r,~ address ~ 3~ ~ ~ phone ~ name address ~ o ~ ' ~PE OF SIGN DES~ON ~ P~E~ FOR O~E USE O~Y · O~ff Premises OF PROPOS~ SIGN ~ On Premises TOTAL BUI~ING ~GNAG~ ~U~G ~GN BUI~ING SIGNS ~ Allow~ Height ~ '//~" f~ Q Awning Wi~h ~ '~ ' f~ ~ ~isting ~aan°py A~ / ~./' ~. ff. cia ~o~1A~ of Q Pro~ ~ Window Sign Wall ~, Q O~her. Q To~l Ama of (Awning) ~ Remaining NON~UI~ING SIGNS or ~in~w) fM ~ Dire~ional ~I~NG gGN ~ Drive Thru Menu ~ ~ze CO~: Q Fr~ Standin8 Height f~ ~ Monumem Wi~h f~ ~ Other Ama ~. ~. ~ Lot FranCe fM ~AL SIGNS ~ Going Out of Business P~ U~ f~ ~ S~ial Event (~ day ~rmlt) ~ H~ght ~ Gr~ ~OVISIONAL SIGNS T~ fM ~ f~ Q Bar~r Pole Q Common (F~s~ing) or ~ I~~ (~nu~0 ~ II1~ ~ 2nd (F~s~lnl) or (M~umem) ~1 Q Time & Temp Q ~1 ~ Other ~ N~ ~ Is An E~H~I ~ R~uir~ No THIS _~iGN I~UglIT WlU. NOT ~E I~UED WITHOUT I~E FOU. OWING Ai'i'ACHJMBqTS: I hereby c~ If~t I hive mad and examined ibis ap~ and lu~w lhe ~mte to be Ime and correct. Afl ~ ~ ~ ~ ~i~ ~ ~ ~~ Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 04-220 RESOLUTION AMENDING THE COMPREHENSIVE PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION FROM GENERAL COMMERCIAL TO HIGH DENSITY RESIDENTIAL (25+ DWELLING UNITS PER ACRE) FOR APPROXIMATELY 1.34 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF S. GILBERT STREET SOUTH OF RALSTON CREEK. WHEREAS, James Clark has requested a rezoning to allow for the development of high density multifamily residential dwelling units on 1.34 acres of property located on the east side of Gilbert Street, at 520-522 Gilbert Street; and WHEREAS, the development of multifamily residential dwelling units on said property does not comply with the current Comprehensive Plan Land Use Map, which designates said property for General Commercial use, so an amendment to the Comprehensive Plan Land Use Map is therefore necessary for said rezoning to be consistent with the Comprehensive Plan; and WHEREAS, said property is contiguous with an RM-44, "High Density Multifamily Residential" area which is designated as "High Density Residential (25+ Dwelling Units per Acre)" on the current Comprehensive Plan Land Use Map; and WHEREAS, the City Council finds it is in the public interest to amend the Comprehensive Plan Land Use Map to allow the requested rezoning for multifamily dwelling units on 1.34 acres located on the east side of S. Gilbert Street at 520-522 Gilbert Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Comprehensive Plan is hereby amended to change the Comprehensive Plan Land Use Map to designate 1.34 acres of property located on the east side of S. Gilbert Street at 520-522 Gilbert Street from "General Commercial" to "High Density Residential "25+ Dwelling Units per Acre)". .~"~/~ ATTEST: C-LI-TY CLERK Approved by: ~~1~ ~ mt b/misc/resolution2.do¢ Resolution No. 04-220 Page 2 It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef × Wilburn Prepared by: Shelley McCafferty, Associate Planner, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5243 NO. RESOLUTION AMENDING THE MPREHENSlVE PLAN LAND TO CHANGE THE LAND USE DESIGNATION GENERAL COMMERCIAL HIGH DENSITY RESIDENTIAL (25+ PER ACRE) FOR APPROXll 1.34 ACRES OF PROPERTY LOCATED ON THE SIDE OF S. SOUTH OF RALSTON CREEK. WHEREAS, James Clark has requested a to allow the development of high-density multifamily residential dwelling units on 1.34 acres on the east side of Gilbert Street, at 520-522 Gilbert Street; and WHEREAS, the development of multifamily on said property does not comply with the Comprehensive Plan Land Use Map, which property for General Commercial use, so an amendment to the Comprehensive Plan Map is therefore necessary for said rezoning to be consistent with the Comprehensive Plan WHEREAS, the City Council finds it is in the public ~nd the Comprehensive Plan Land Use Map to allow the requested rezoning for multifamil 1.34 acres located on the east side of S. Gilbert Street at 520-522 Gilbert Street. NOW, THEREFORE, BE IT RESOLVED BY THE CI OF'~I~HE CITY OF IOWA CITY, IOWA, THAT: \ The Comprehensive Plan is hereby amended the Comprehe'~ive Plan Land Use Map to designate 1.34 acres located of property on ti of S. Gilbert Stre'~t at 520-522 Gilbert Street from "General Commercial" to "High Density (25+ Dwelling Units pc~Acre). Passed and approved this 2004. ~', Mayor ".,, ATTEST: \ City Clerk ~' Shared/ FINE FURNISHINGS INTERIOR DESIGN July 14 2004 City Council Members ~: l- ~.. 410 E. Washin~on Street ~ _ Iowa City, IA 52240 co Dear Council Members, I am writing regarding the application for amendment to the Comprehensive Plan and rezoning from CC-2 to RM-44 for property located at 500-522 South Gilbert Street. 1 own The Mansion which is adjacent to the subject propen'y on the south. Following are concerns I have regarding this application which I would like the Council to consider and respond to. 1. The proposed plans include no access to the property from Gilbert Street, and route all traffic through the alley behind The Manaion~ This poses problems for my business and other adjoining properly owners. There is already a significant amount of traffic through this alley. It is frequently blocked by parked cars, restricting access for tbe freight we receive on an hourly basis. This results in delays for the track drivers while we have cars towed or moved. In addition, I am often required to rescbedule freight drops, resulting in delays to my clients. · I am concerned about maintenance of the alley and who will be responsible for the increased maintenance which will be required with an increase in use. Also, the wear and tear on all adjoining private driveways offtbe alley needs to be addressed. This new tm~c will definitely seek the quickest way out. * The intersection of Gilbert and Bowery contributes to the congestion around The Mansion property and makes access to and from the alley very difficult, even now. Two lanes of traffic going west are frequently backed up Bowery Street past the alley, restricting access in and out of the alley, and blocking the view of drivers trying to turn and go east on Bowery. The "No Right Turn" from Bowery onto Gilbert blocks the alley with just a few cars. · There is also a significant amount of traffic through my private business lot for the rental properties to the east of The Mansion. The traffic 538 SOUTH GtLBERT STR£~T IOWA CITY. IOWA 52240 319.338.2830 FAX 319.337.6752 WWW.TH ENI A N SIO N- [NTE RIO RS .CON~ through my lot, in addition to the alley, will increase substantially with the proposed rental units and no access off Gilbert. Additionally, there are reg~]lar drivers who avoid the stoplight at Gilbert and Bowery and cut through the alley and our parking lot at dangerous speeds. 2. There is already insufficient parking for the surrounding rental properties. We have tenants from these properties (including the five bedroom units) parked in our private business lot on a daily basis. Frequently our clients, and customers of Hudson River Frame (located on the second floor of The Mansion), have no place to park in our lot. My staff has to take time to call the police and have cars ticketed or towed. This problem will get substantially worse with the proposed rental properties next door. 3. Vandalism is a significant issue on and around The Mansion property, even without the additional congestion proposed. It is challenging to conduct business at The Mansion as the neighborhood is currently structured, and the proposed changes will only exacerbate these problems. I cer'~qinly think the addition of other complimentary commercial properties within 500- 522 South Gilbert Street is more appropriate. I appreciate your attention to the concerns posed within this letter and your response. Sincerely, Chuck Skaugstad, Jr. 10/12 5/12 IO/12 10/12 -- SOUTH ELEVATION t/8" --I' O" GILBERT EAST ]6' ALLEY 320 00' ' iGREEN ,&REA i 1 2 3 4 5 120' O" ONE NAY PARKING ' 200' O" 7 REGULAR 25' 0" 145' O" GREEN AREA q I ~ U'~ J ONE NAY 2~ REGULAR ~ I HANDICAP ROLSTDN CREEK ~!' ~ 2I TOTAL I ~ 5 20' o' ' SCALE: 1" = 20' i I GREEN AREA ~ B' B" CITY RE~RV~ .., , 118' O' CURB LOT SO GILBERT ST. EAST ~ :~C ,-, .... ,---~ -.- i6' ALLEY 32D B0' ,/' G~EEN AREA I ' PARKING 120' O' 200' O" 115 CONPA£1 I ' 25' O' 145' O' GREEN AREA ~ ~- .... 2D REGULAR 20' SCALE: 1' = 2~' ' GREEN AREA : . 2r a'.~ LOT 16 SD' LOT 1S 6 LOT 14 68' LOT 13 68' 118' O" CURB LOT 12 SO GILBERT ST, EAST ~ ~: - , 16' ALLEY 32D 0~' PARKING ]2 REGULAR ! HANDI£AP 13 TOTAL 120' O' 200' O' 25'0' 145'0" ~ ~ GREENAREA GREEN AREA B' B" CITY RE~RVED LOT 16 DD' LOT 15 6B'~ LOT ]4 6D LOT 13 5~' B" CITY Ira' o' CURB SO GILBERT ST. EAST - I " 1-"\.P7S þ.. eT 'S /'-f!/' r ..- ¡" _ rJo>"r e'"- " -.,.; -~~ . ~--------------- ---------------- .... ---------~-----~- -------- 16' ALLEY .----------------------- 320,00' ....------ -- ....-..--....-....----....-..--..--..---..-..... -- -..-..---- GREEN AREA Lf) GJ , ~ <D I 1 2 3 4 5 6 7 "' · 8 9 · 10 -11 12 J3 I PARKING , , , · 0 13 REGULAR 0 I 13 COMPACT 0 1 HANDICAP N N · 120' 0" 200' O' 27 TOTAL N , 16' O' ;¡J , 14 15 16 17 18 19 , 20 21 22 23 . 25 26 I HOC 0 ~ 0- , - , I . 145' O' 0 , · 0 I 0' O' 5' 0" 0' 0" · r-' -; '-::',' ~{s WATER 0' 0" ,<---,D fLC:0'" ';."C· ¿. I ' ..\........ 1=,..;. - -l:::::.-_.\ 11 ,~- ~::r.-~-' r:~:j ~>_I -< c- ~ , ~ ~h-i~~ '" , S) < A ì --i it>, L)'i:: ~I w ' -, :::\:::'/~-C~ lE: "-~ : METERS 11 '4 'l œ ('Y. AND ~ < " ~ 0 (~ ~ UöQ..ï _ ELEC " ROLSTON CREEK z '=\ ~'þt>Lt::. ~ tSJ' w 0 ~I W lIJ ~ I œ œ e\l lJ) CJ ::J , f- u !r · w I !r .J 0:::: v7 0 " , I- ZQ. · Ii) ë2S , I 0 . W Q.o , LJ .J "'"' I , "' ST ^JRS · Z , j · 0 · ~ I SCALE: [' = 20' · , I <f 0 , , L GREEN AREA · , Ln___ I~ 2r 8" ul----- ---...- -----T------n------t:----- n -\ -- LOT 14 60' LOT 13 60' ff ø' CI:rSERVEO LOT 12 60' CURB 118' 0' \ l)f"-:_ " 1..- L.· ,,-'~. ;,- t' t" - ; :,> 2ò~\ VVl \ž (. (~ (AG . l \_.,-~ ' \ç. <' . -""'7>- . " PJ:,.I-.'..l-':' \ to. (~ l-~ '~; 2:... ..-,.--,....,- , ~-T ,_.~ r; i i, SO GILBERT ST. EAST " c::,- .,"- 'j -- ~ \.. :¡'/\ ;;;,- ~ L ¡- :-::,_! /:,(_ (""\t,[ ::) 't"- ('-: r-",_w·6¿, I I . , A (-JTc.., ,6...ç(~ (" /, ;....,tFT",.. /~,(.;."'" r -...... ~ " .....> ---------------- ----------------- - - - - - - - - - - - - - - - - -- - - - - - - - - -- 16' ALLEY 320,00' rn--------------------- --------- .. -- ----- ----.....-.....-----...--...--..----- -------.. GREEN AREA . 6" · · GJ I «t , 0 , · I 2 3 4 5 6 7 B 9 1Ø "'II 13 I 12 · , I PARKING - 26 REGULAR ' , 0 O<D , 1 HANDICAP 0 27 TOTAL NO 120' 0" 0J 200' 0' N<D , 16' 0' · · · I , I Ct 14 15 16 17 IB 19 20 2J 22 23 , 25 26 , HOC 0 · , · I ~ 0- I , · , , I . I '<D · GREEN AREA , 10' 0' 25' 0" 0' O' 145' 0' <D I · ¡CJ · lo' , · ~I 1; tb WATER ~I < 5860 t=' LOOk', ,t.,/2E \ METERS w AND IS) , œ \J < Ct ELEC " ,--< , oJ Q' I ROLSTON CREEK z /,,( 'c L Þ z.. 9 <:5{) t~.(.-:J£ .;~ 0 ~I w W ill ,... .0 .. "..<:"'0 · I 0:: 0:: +Þ-.v(£ 2.7 , , !5 ::J ·,./I"';"'~.C';;:;'-~ !r , f- u \/J -~ "' I <r .J IJ1 o / -2.- " 0:::: t;/- 6!!. · J) <r:J , · 0.0 , I 0 «t "' "'"' I \1 .J STAIRS '" · Z Ij · · -< · ~I , I SCALE: I" = 20' 0 · 0 · N l GREEN AREA - - - - - - -1- · , ---Lõr 168~:~:"~FD" LZr" 15 ""6°1 L_____ ---r--- -----1----- --~--- -t'-:-::- --~- ------ -------- I: 21' 8' -I LOT 14 60', LOT 13 60' 8 0 CITY ESERVEO LOT 12 60' CURB 118' 0' . SO GILBERT 51. EAST p5 I - r 08~i-04 , Prepared by: Tokey Boswell, PCD, 410 E, Washington St, Iowa i\y, IA 52240 (319) 356-5230 ( UB04-00016) RESOLUTION NO, 04 221 RESOLUTION APPROVING THE EXTRATERRITIORI L PRELIMINARY AND F NAL PLAT OF THE EAST SIDE GROUND WATER STORAGE RESE VOIR, JOHNSON COUN ,IOWA WHEREAS, the owner, S1. Mark's United Methodist C urch, and the applicant, he City of Iowa City, filed with the City Clerk the preliminary and fi al plat of the East Side Ground Water Storage Reservoir, Johnson County, Iowa; and WHEREAS, said subdivision is located on the followin County, Iowa, to wit: Commencing at the west one-quarter corner of Section 8, Township 79 North, Ran e 5 West of the 5th Principal Meridian, Johnson County, Iowa; thenc N89°47'59"E, along the so therly line of the northwest one-quarter of said Section 8, a distance f 1178,16 feet to a point 0 the easterly line of Lot 1, Gnarled Oaks, Johnson County, Iowa according to the recorded plat thereof, recorded in Plat Book 25 at Page 37 in the records of th Johnson County Recorder; nd the point of beginning, thence N01°42'02"E, along said easterly Ii e, 441,11 feet to the north st corner of said Lot 1; thence N89°47'59"E, 370,00 feet; thence S °47'13"E, 442,28 feet to a oint on said southerly line; thence S89°47'59"W, along said sout erly line, 420,00 feet to he Point of Beginning, containing 4,00 acres and is subject to ease ents and restrictions of reco d, WHEREAS, the Department of Planning and Comm nity Development and th Public Works Department examined the proposed final plat and subdi ision, and recommended pproval; and WHEREAS, the Planning and Zoning Commission ex mined the final plat and ubdivision and recommended that said final plat and subdivision be ac pted and approved; and WHEREAS, said final plat and subdivision are found t conform with Chapter 3 , Code of Iowa . (2003) and all other state and local requirements, NOW, THEREFORE, BE IT RESOLVED BY THE C TY COUNCIL OF THE ITY OF IOWA CITY, IOWA, THAT: 1, The said final plat and subdivision located on t e above-described real e tate be and the same are hereby approved, 2, The Mayor and City Clerk of the City of low City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, t execute all legal docu ents relating to said subdivision, and to certify a copy of this re olution, which shall be a Ixed to the final plat after passage and approval by law, The ity Clerk shall certify an send plat and supporting documents to the office of Planning and Zoning of Johnson ounty, Iowa, All recording expense is the responsibility of the 0 erlsubdivider, Resolution No, .0.4.::221 Page 2 Passed and approved this 3rd ,20.JM.... ATTEST: ~0 K- ~~ 7 It '1/ "'t- CITY LERK ppdadminlreslSUB04-OO016.doc Resolution No, 04-221 Page 3 It was moved by Wilburn and second d by o I Donne 11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Bailey X Champio Elliott X X Lehman X O'Donne I X Vanderh ef X Wilburn STAFF REPORT To: Planning and Zoning Commission Prepared by: Tokey Boswell, Planning Intern Item: SUB04·00016, East Side Ground Date: July 1, 2004 Storage Reservoir GENERAL INFORMATION: Applicant: City of Iowa City Contact Person: Ron Knoche, City Engineer and Mitch Behr, Assistant City Attorney Phone: 319,356.5140 (Knoche) 319,356,5030 (Behr) Requested Action: Approval of preliminary and final plat of "East Side Ground Storage Reservoir", a subdivision of approximately 70 acres that results in two parcels, Purpose: The City wishes to acquire the smaller parcel as the site of a future East Side Ground Storage Reservoir, Location: In Johnson County, east of Iowa City, north of Lower West Branch Road and east of Taft Ave, Size: Parent parcel: Approximately 70 Acres Two new parcels: 4,00 Acres and -66 Acres Existing Land Use and Zoning: Agricultural, A1 (Rural) Surrounding Land Use and Zoning: North: Agricultural, A 1 South: Agricultural, A 1 East: Agricultural and Single Residence, A1 West: Agricultural, A 1, and Suburban Residential, RS Comprehensive Plan: The parent property is part of the Northeast Planning District, and is split by the growth area boundary, The smaller lot created will be outside the growth area, File Date: June 2, 2004 45-Day Limitation Period: July 16, 2004 BACKGROUND INFORMATION: The City of Iowa City has submitted an application for a subdivision that would result in two parcels of land. The seventy-acre parent parcel is currently owned by St. Mark's United Methodist Church, and zoned Al, Rural. The land is located in Johnson County, east of Iowa City. The property is located in Fringe Area B of the Fringe Area Agreement between Johnson County and Iowa City, and the parent portion is split by the growth area boundary. The Iowa State Code provides the City with the authority to review and approve proposed subdivisions within the two-mile fringe area prior to considerations of the subdivision by the Johnson County Planning and Zoning Commission and Board of Supervisors. The St. Mark's parcel covers an entire half-section (with its southwestern corner at the intersection of Taft Ave. and Lower West Branch Road) save approximately seven acres occupied by the Powell homestead. The proposed subdivision would result in two parcels: The first parcel of approximately four acres fronting Lower West Branch Road and abutting the Powell property on its western boundary, and a second comprising the remainder of the parent parcel. The land owned by St. Mark's is currently in agricultural use, but a portion of the property has been identified by the City Engineer as a prime location for the City's future East Side Ground Storage Reservoir. The City has initiated the subdivision so that it may purchase the four-acre parcel created for the reservoir. The City will request the property be rezoned to P, Public, in the future. St. Mark's would retain the larger parcel and any proposed development of that land would be subject to future subdivision review. ANALYSIS: Iowa City's Comprehensive Plan states that due to the abundance of undeveloped land in the Northeast District, the long-range growth policy recommends capitol improvements occur within the existing corporate limits before reaching outward. The Ground Storage Reservoir project is unique and will serve Iowa City in the very long-range, however - construction is unlikely to begin within the next five to ten years. The forethought of the City Engineer and the timeline for implementation make this project appropriate outside current City limits. The Iowa City/Johnson County Fringe Area Agreement states that agricultural uses are preferred in areas outside the City's growth area boundary. This subdivision will eventually result in the replacement of agricultural land with public property, but it will not result in residential, commercial, or industrial development. The proposed four-acre lot to be purchased by the City will appear as open space in a manner consistent with cluster subdivisions, which are the preferred model of development outside the City's growth area. The nature of the project, the timeline under which it is operating, and a 100-foot wide utility easement that runs north to south through the property will all help this parcel retain the desired rural appearance. Finally, the Northeast District Plan calls for Lower West Branch Road to be a focal point and main collector street for the Lindemann Hills neighborhood west of the parcel to be subdivided. This subdivision and subsequent use of the smaller parcel will not affect the traffic load or the atmosphere of Lower West Branch Road in any substantial way. STAFF RECOMMENDATION: Staff recommends that SUB04-00016, East Side Ground Storage Reservoir, a subdivision request by St. Mark's Methodist Church, owner, and the City of Iowa City, applicant, to subdivide approximately 70 acres into two parcels, be approved. ATTACHMENTS: 1. Location maps 2. Preliminary and Final Plat Approved by: ,"'-~--~"¢-,'.-'~--- ' Robert Miklo, Senior Planner, Department of Planning and Community Development S:\lnterns\Urban Planning\SUB04-00016 E.S.G.W.S.R. ~ ~OCA~ON: Lower West Branch Road SUB04-0~16 Unit, d~thodi~t Church St. Marks 70. ~ proposedparcel ~ Powe~ ~ 4.0 a~s Hu~r 7 0 f PRELIMINARY AND FINAL PLAT ~- LBGEND AND NOT[S EAST SIDE GROUND STORAGE RESERVOIR ~ ~ .M~ CO.~ULTA.~ I~C. ~T MA.~'~ U.IT~D C,TY O~ ,O~A CITY M,TC. "'"" ,_m~__.~,~ , ~ LOT 1 ~s~ ~,m ........ ~ , % , g AREA = 4 O0 ACR~ CITY OF IOWA C TY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 3S6 $009 FAX July 6, 2004 www.icgov.org The Honorable Terrance Neuzil, Chair Johnson County Board of Supervisors 913 South Dubuque Street Iowa City, Iowa 52240 Re: CZ04-00001, American Legion Road rezoning request Dear Mr. Neuzil and Members of the Board: Johnson County has received an application from Don and Sara Schumacher to rezone approximately 3.74 acres located in Fringe Area B on the north side of American Legion Road, west of Wapsi Avenue, from Al, Rural, and RS-l, Suburban Residential one unit per acre, to RS-3, Suburban Residential one unit per three acres. At its June 9, 2004 meeting, the Iowa City Planning and Zoning Commission recommended, by a vote of 6-0, that the City Council forward a letter to the Board of Supervisors indicating that the City finds that the requested rezoning is consistent with the Fringe Area Agreement. The Commission felt that the request was consistent with the policies contained within the Fringe Area Agreement for Area B outside the City's growth boundary. These policies note that this area is most appropriate for iow-density development at this time. The property at 5098 American Legion Road is not in agricultural uses, does not contain significant environmentally sensitive features, and will not increase traffic along nor access to American Legion Road. The rezoning will not allow an increase in development density, and more accurately reflects the current land usage of this property. Based on the above reasoning, the City Council agrees with the recommendation of the Planning and Zoning Commission, and finds that the requested rezoning of approximately 3.74 abres from A1 and RS-1 to RS-3 is consistent with the policies of the Fringe Area Agreement for Area B. Sincerely, Ernest W. Lehman Mayor S:/Interns/Urban Planning/CZ04-000011etter to county supervisors CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-]826 (319) 356-5000 July 6, (3~9) 356 5009 FAX www.icgov org The Honorable'~rrance Neuzil, Chair Johnson County Be..ard of Supervisors 913 South Dubuque"$~treet Iowa City, Iowa 5224% Re: CZ04~00001, Americah Legion Road rezoning request Dear Mr. Neuzil and 'Johnson County has received Sara Schumacher to rezone approximately 3.74 acres located Fringe Area B o~ north side of American Legion Road, west of Wapsi Avenue Rural, and Suburban Residential one unit per acre, to RS-3, Suburban al one unit ~r three acres. At its June 9, 2004 meeting, and Zoning Commission recommended, by a vote of 6-0 0rward a letter to the Board of Supervisors indicating that the City finds t the requested rezoning is consistent with the Fringe Area Agreement. The Commission felt that the request ~ sistent with the policies contained within the Fringe Area Agreement for Area I he City's growth boundary. These policies note that this area is most ~ r Iow-density development at this time. The property at 5098 Ami ion Road is agricultural uses, does not contain significant environmentally sen.. will not increase traffic along nor access to American Legion I not allow an increase in development density, and m, current land usage of this property. Based on the above rea~ City Council ac with the recommendation of the Planning and Zoning and finds that the uested rezoning of approximately 3.74 a and RS-1 to RS-3 is the policies of the Fringe Area B. Sincerely, Ernest W. Mayor S:/Interns/Urban Planning/CZ04-000011etter to county supervisors City of Iowa City MEMORANDUM Date: June 9, 2004 To: Planning and Zoning Commission From: Tokey Boswell, Planning Intern RE: CZ04-00001, Proposed rezoning from Al, Rural, and RS, Suburban Residential (one dwelling per acre), to RS-3, Suburban Residential (one dwelling per three acres), for approximately 3.74 acres of property located in Johnson County in Fringe Area B on the north side of American Legion Road, approximately one- half mile west of Wapsi Ave. BACKGROUND INFORMATION: The applicants, Don and Sara Schumacher, have submitted an application for a rezoning from A1 and RS, to RS-3, for a 3.74 acre parcel of land located east of Iowa City as specified above. The property is located in Fringe Area B of the Fringe Area Agreement between Johnson County and Iowa City, and is outside the City's designated growth area. The Schumacher parcel comprises 3.74 acres of land, roughly rectangular in shape. Current zoning lines divide the property into three pieces; the approximate middle- third of the parcel is zoned RS, while the remaining portions to the north and south are zoned A-1. The home is situated in the middle third of the property, and the northern and southern portions are maintained as residential lawn. No portion of the property is used for agricultural purposes. The applicant would like to rezone the entire parcel as RS-3, which would allow for the construction of accessory buildings throughout the parcel. No additional dwelling is proposed. ANALYSIS: The Fringe Area Agreement provides the City with the opportunity to review and comment on proposed rezonings within the two-mile fringe area prior to considerations of the rezoning by the Johnson County Planning and Zoning Commission and Board of Supervisors. The Agreement states that in Fringe Area B, "On the balance of land in Area B that lies outside Iowa City's projected growth area, agricultural uses are preferred. However, consideration will be given to applications for single-family residential development at a density of RS-10 (one dwelling per ten acres)." The rezoning to RS-3 therefore does not comply with the letter of the Fringe Area Agreement. Staff hesitates to recommend any rezoning not in compliance with the Agreement, but feels that in this case unique conditions may warrant the rezoning. June 9, 2004 Page 2 The spirit of the Fringe Area Agreement is to discourage development density greater than one unit per ten acres for the area in question. The parcel in question has no agricultural uses at present, so there is no loss of farmland. The proposed rezoning will not create any new residence, nor increase the density of current developments. Though the applicants have more than three acres of land, they do not have the six acres required to construct an additional residence. If approved, the rezoning will allow the applicant to add residential accessory uses and structures to the portions of the property that are currently zoned A-1. Although in general Staff is opposed to rezonings that are contrary to the letter of the Fringe Area Agreement, this situation of three zones present on a single parcel of land in uniform use is decidedly unique. Provided that no new residence is constructed on the property, and that no additional driveway is constructed to connect any future building on the property to American Legion Road, Staff feels that the proposed rezoning conforms with the spirit of the Fringe Area Agreement. STAFF RECOMMENDATION: Staff recommends that CZ04-00001, rezoning of approximately 3.74 acres from Al, Rural, and RS, Suburban Residential (one dwelling per acre), to RS-3, Suburban Residential (one dwelling per three acres), be approved. ATTACHMENTS: 1. Location map 2. Application documents Approved by: ,~.~z¢~,~'~'- Robert Miklo, Senior Planner Department of Planning and Community Development Stored at S:\lnterns\Urban Planning\Schumacher Rezoning - 5989 AmLegRd I, CITY OF IOFA CITY /I ~ ~ ~' co~ ~, I _2_ ~_ ~ ............ /[ ~~ ~ ~! -~ ,- ~ J ~ /I ~ ~ i ~~. r ~.,~ ~ i 4~0TH /I I : ~ ~ ~,., ~""~ h~ 'N ' /~-~' ~ .... T -~ ~ ' ~ . ~ .... ~ -;j- J SlTE LOCATION: 5098 American Legion Rd. S.E. Map Output Page 1 of 1 Johnson County GIS Online Legend 5049 [] http://www.j ohnson-county.com/servlet/com.esri.esrimap. Esrimap?S erviceName=j cmapOv... 6/3/2004 . z o SET PK NAIL '~ z/ ~ SET 5/8" REBAr- BRAVERMAK PROPERTIE~ .~ ~ o RICK ~ SUS · ~' ~ CERNY REMOVED~ / I~ZONING LOT l / ~ I/ 1.75 ACRE / ' Oko°' ELVIRA / SWEETtN NOTICE OF iNTENTION TO ISSUE REVENUE BONDS OR NOTES (OAKNOLL PROJECT) The City Council of Iowa City, Iowa, (the "Issuer") will meet on the 3rd day of August, 2004, at 7:00 o'clock p.m., in Emma Harvat Hall of the Iowa City City Hall, 410 E. Washington Street in Iowa City, Iowa, for the purpose of conducting a public hearing on the proposal to issue revenue bonds or notes of the Issuer in the aggregate principal amount not to exceed $7,000,000 (the "Bonds") and to loan said amount to Christian Retirement Services, Inc., Iowa City, Iowa, (the "Borrower"), for the purpose of providing a portion of the financing for (1) the construction, renovation, expansion, equipping and furnishing of the facilities of the Borrower including (i) approximately fifty-two (52) independent living apartments, (ii) several resident common areas and service areas including the main entrance and lobby, the main dining room, the kitchen, administrative offices, the exemise room, and the beauty shop, (iii) a swimming and therapy pool, and (iv) fully enclosed parking and the renovation of surface-level parking to multi-level parking, and related improvements thereto, all located on the Borrower's campus on the north side of Benton Street between George Street and vacated Benton Court in Iowa City, Iowa (the "Project"), and (2) paying for costs of issuance. The Project will be owned and operated by the Borrower. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer pursuant to a Loan Agreement between the Issuer and the Borrower, the obligations of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place, oral or written objections from any resident or property owner of the Issuer may be presented. At such meeting or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Written comments may also be submitted to the Issuer at the City Hall, 410 E. Washington Street, 52240. Written comments must be received by the above heating date. By order of the City Council of Iowa City, Iowa this 14th day of July, 2004. Marian Karr, City Clerk -1- Christian Retirement, Oaknoll,444549-5, Proc Heating Auth Issuance lC HEARING, AUTHORIZATION AND ISSUANCE PROCEEDINGS Iowa City, Iowa August 3, 2004 The City Council of Iowa City, Iowa, met in regular session on August 3, 2004, at 7:00 p.m., at City Hall in Iowa City, Iowa. The meeting was called to order by the Mayor and the roll being called, there were present the Mayor and the following named Council Members: Present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Absent: None * * * Other Business * * * The City Council investigated and found that notice of intention to issue revenue bonds or notes pursuant to Chapter 419 of the Code of Iowa in an aggregate principal amount not to exceed $7,000,000, had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such revenue bonds or notes, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the revenue bonds or notes. The following local residents attending the hearing expressed their views as follows: Attorney Tim Krumm -1- Christian Retirement, Oaknoll,444549-5, Proc Hearing Auth Issuance IC The following local residents who had submitted written comments prior to the hearing expressed their views in such written comments as follows: None After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the revenue bonds or notes, Council Member Wi 1 burn introduced ~e following resolution and moved its adoption, seconded by Council Member B ai 1 ey ; and after due consideration thereof by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Lehman~ O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,Elliott Nays: None Whereupon, the Mayor declared said motion duly carried and the resolution adopted as follows: -2- Christian Retirement, Oaknolt,444549-5, Proc Hearing Auth Issuance IC RESOLUTION 04-222 RESOLUTION AUTHORIZiNG AND PROVIDiNG FOR THE ISSUANCE OF NOT TO EXCEED $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF A SENIOR HOUSING FACILITIES REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO THE BORROWER; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AMONG THE CITY, THE BORROWER AND THE SERVICER PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; THE EXECUTION OF A PLEDGE, SERVICING AND PARTICIPATION AGREEMENT; AND THE EXECUTION OF OTHER DOCUMENTS RELATED THERETO. WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of' Chapter 419 of the Code o£ Iowa, 2003, as amended (the "Act") to issue revenue bonds or notes for a project located within or within eight miles of the Issuer for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any facility for an organization described in Section 501(c)(3) of the Internal Revenue Code (the "Code") which is exempt from federal income tax under Section 501(a) of the Code (a "Tax Exempt Organization"), and to refund any bonds issued pursuant to the Act; and WHEREAS, the Issuer has been requested by Christian Retirement Services, Inc. (the "Borrower") to issue its Senior Housing Facilities Revenue Bond (Oaknoll Project), Series 2004A in an aggregate principal amount of $4,000,000 (the "Series 2004A Bond") and its Senior Housing Facilities Revenue Bond (Oaknoll Project), Series 2005A in an aggregate principal amount not to exceed $3,000,000 (the "Series 2005A Bond" and, together with the Series 2004A Bond, the "Bonds") pursuant to the Act to provide a portion of the financing for (1) the construction, renovation, expansion, equipping and furnishing of the facilities of the Borrower including (i) approximately fifty-two (52) ind~endcnt living apartments, (ii) several resident common areas and service areas including the main entrance and lobby, thc main dining room, the kitchen, administrative offices, the exercise room, and the beauty shop, (iii) a swimming and therapy pool, and (iv) fully enclosed parking and thc renovation of surface-level parking to multMevel parking, and related improvements thereto, all located on thc Borrower's campus on the north side of Benton Street between George Street and vacated Benton Court in Iowa City, Iowa (the "Project"), and (2) paying for costs of issuance pursuant to the Act; and -3- Christian Retirement, Oaknoll,444549-5, Proc Hearing Auth Issuance IC WHEREAS, it is proposed that the Issuer loan the proceeds of the Bonds to the Borrower pursuant to a Loan Agreement (hereinafter defined) pursuant to which loan payments will be made by the Borrower in amounts sufficient to pay the principal of and interest and premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the Issuer, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shall be payable solely out Of the revenues derived from the aforementioned Loan Agreement or otherwise as provided therein; and WHEREAS, pursuant to published notice of intention, this City Council has conducted a public hearing, as required by Section 419.9 of the Act and Section 147(0 of the Internal Revenue Code, and this City Council deems it necessary and advisable to proceed with the issuance of the Bonds and the loan of the proceeds of the Bonds to the Borrower; and WHEREAS, the Borrower will arrange for the sale of the Bonds to a lead lender identified in the hereinafter defined Loan Agreement (the "Servicer") and certificates of participation in the Bonds will be sold to participants identified in the hereinafter defined Servicing Agreement; NOW, THEREFORE, IT IS RESOLVED by the City Council of the Issuer, as follows: Section 1. In order to finance a portion of the costs of the Project and pay certain costs of issuance associated thereto, the Series 2004A Bond, in an aggregate principal amount of $4,000,000, and the Series 2005A Bond in an aggregate principal amount not to exceed $3,000,000, are hereby authorized and ordered to be issued by the Issuer in substantially the form as has been presented to and considered by this Council and containing substantially the terms and provisions set forth therein. The Series 2004A Bond will bear interest at an initial rate not to exceed 7% per annum as may be determined by the. Borrower and the Servicer prior to the issuance thereof and as adjusted from time to time as provided in the Series 2004A Bond. The Series 2005A Bond will be in a principal amount not to exceed $3,000,000 as may be determined by the Borrower, the Issuer and the Servicer prior to the issuance thereof and will bear interest at an initial rate not to exceed 7% per annum as may be determined by the Borrower and the Servicer prior to the issuance thereof and as adjusted from time to time as provided in the Series 2005A Bond. The execution and delivery of the Bonds by the Mayor and City Clerk shall constitute approval thereof by the Issuer and the Mayor and City Clerk are hereby authorized and directed to approve such amount and rates, within the foregoing limits by and on behalf of the Issuer. -4- Christian Retirement, Oaknoll,444549-5, Proc Hearing Auth Issuance IC Section 2. The Issuer shall loan to the Borrower the proceeds of the Bonds pursuant to a Loan Agreement among the Issuer, the Borrower and the Servicer (the "Loan Agreement") in substantially the form as has been presented to and considered by this Council and containing substantially the terms and provisions set forth therein, and the Mayor and the City Clerk are hereby authorized and directed to execute and deliver the Loan Agreement with such changes, modifications, deletions or additions as deemed appropriate by bond counsel and Issuer's Counsel. Section3. Pursuant to a Pledge, Servicing and Participation Agreement (the "Servicing Agreement") to be entered into among the Issuer, the Borrower, the Servicer, and the participants identified in Exhibit A of the Servicing Agreement, the Issuer, among other things, will grant to the Servicer a securitY interest in all of the Issuer's rights, title and interest in and to the Loan Agreement except the Unassigned Issuer's Rights (as defined in the Servicing Agreement), including, but not limited to, the right to receive Loan Repayments (as defined in the Loan Agreement). The Mayor and City Clerk are hereby authorized and directed to execute and deliver the Servicing Agreement with such changes, modifications, deletions or additions as deemed appropriate by bond counsel. Section 4. The Bonds will be special limited obligations of the Issuer. The Bonds shall not be payable from or a charge upon any funds other than the revenues derived from the Loan Agreement and the debt obligations of the Borrower thereunder pledged to the payment thereof, nor shall the Issuer be subject to any liability thereon. No holder of the Bonds shall ever have the right to compel any exercise of the taxing power of the Issuer to pay the Bonds or the interest thereon, nor to enforce payinent thereof against any property of the Issuer. The Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory provision or limitation and shall never constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. Section 5. The Loan Agreement, the Servicing Agreement and the Bonds are hereby made a part of this Resolution as though fully set forth herein and are hereby approved in substantially the forms presented to the City Council. The Mayor and City Clerk are authorized and directed to execute, acknowledge, and deliver said documents on behalf of the Issuer with such changes, insertions and omissions therein as the Borrower and the Servicer may deem appropriate, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof. Section 6. The Mayor and City Clerk are authorized and directed to execute and deliver all other documents which may be required under the terms of the Loan Agreement, Servicing Agreement, or by bond counsel, and to take any other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof. -5- Christian Retirement, Oaknoll,444549-5, Proc Hearing Auth Issuance IC Section 7. In order to qualify the Series 2004A Bond as a "qualified tax exempt obligation" within the meaning of Section 265(b)(3) of the code, the Issuer hereby makes the following factual statements and representations: (A) The Issuer hereby designates the Series 2004A Bond as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code; (B) The reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(c) of the Code) which will be issued by the Issuer (and all entities whose obligations will be aggregated with those of the Issuer) during this calendar year 2004 will not exceed $10,000,000; and (C) Not more than $10,000,000 of obligations issued by the Issuer during this calendar year 2004 (including the Series 2004A Bond) have been designated for purposes of Section 265(1))(3) of the Code. The Issuer shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. Section 8. In order to qualify the Series' 2005A Bond as a "qualified tax exempt obligation" within the meaning of Section 265Co)(3) of the Code, the Issuer hereby makes the following factual statements and representations: (A) The Issuer hereby designates the Series 2005A Bond as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code; (B) The reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265Co)(3)(c) of the Code) which will be issued by the Issuer (and all entities whose obligations will be aggregated with those of the Issuer) during calendar year 2005 will not exceed $10,000,000; and (C) Not more than $10,000,000 of obligations issued by the Issuer during calendar year 2005 (including the Series 2005 Bond) have been designated for purposes of Section 265(b)(3) of the Code. The Issuer shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. Section 9. That the provisions of this Resolution are hereby declared to be separable and if any action, phrase or provision shall for any reason by declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. -6- Christian Re~ireraent, Oaknoll,444549-5, Proc Hearing Auth Issuance IC Section I0. All resolutions or parts thereof in conflict herewith are repealed, to the extent of such conflict. Section 11. That this Resolution shall become effective immediately upon its passage and approval. Passed and approved August 3, 2004. C~IOWA CITY, IOWA Mayor Attest: CityC~rk - ' ' * * * Other Business * * * On motion and vote, the meeting adjourned. -7- Christian Retirement, Oaknoll,444549-5, Proc Hearing Auth Issuance lC STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF IOWA CITY I, the undersigned, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified and acting designee of the City Clerk of the aforementioned City and that as such I have in my possession, or have access to, the complete corporate records of said City and of this Council and its officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a tree, correct and complete copy of the all the corporate records in relation to the adoption of a Resolution authorizing the issuance and sale of Senior Housing Facilities Revenue Bonds in an aggregate principal amount not to exceed $7,000,000. WITNESS my hand and the corporate seal of said City hereto affixed this ..5_ day of August, 2004. City ~l~erk (Seal) -8- Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 04-223 RESOLUTION ASSESSING $300.00 C1VIL PENALTY AGAINST WHATEVA WE CAN DELIVA WHEREAS, on May 24, 2004, an employee of Whateva We Can Deliva, 41 l Peterson Street, No. 5, lowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation Whateva We Can Deliva was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Whateva We Can Deliva and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the first such violation of an employee of Whateva We Can Deliva within a two year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against Whateva We Can Deliva. BE IT FURTHER RESOLVED, that said retail cigarette permitee has sixty (60) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automahcally be suspended for a period of fourteen (14) days, in addition to the $300.00 civil penalty. BE 1T FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: ~,uqus~c 3, 2004 ~"o[, ~-ity of Iowa City ATTEST: ~.~)2~-~ City C']'evk, City of Iowa Ci~ Resolution No. 04-223 Page 2 It was moved by Vanderhoef and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn 7 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. $300.00 CIVIL PENALTY AGAINST WHATEVA WE WHEREAS, e Can Deliva, 411 Peterson No. 5, Iowa City, Iowa Code § 453A.2(1) by selling or providing tobacco to and WHEREAS, at the time We Can Deliva was c cigarette permit issued by )f Iowa City; and WHEREAS, pursuant to Iowa Code A.22(2), an establishment holds a retail cigarette permit shall be subjected to a civil :300.00 as a result of Iowa Code § 453A.2(1), after a hearin and WHEREAS, a hearing was held on this date to determine whether to assess the civil penalty against Whateva We Can Deliva Council heard the facts of the violation and the arguments of the and WHEREAS, this violation is the We Can Deliva within a two year period to be under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RE: ZITY COUNCIL that the City Council, after notic, § 453A.22(2) hereby imposes a civil penalty in the BE IT FURTHEI~ that said retail, ' twenty (20) days from the date of this Resolution to penalty in full, · is not timely paid the retail cigarette permit,held by the permitee shall automatically be a period of fourteen (14) days, in ,a31'~ition to the $300.00 civil penalty. BE IT FURTHER R~SOLVED, that the City Clerk will Resolution to the Johnson County~ttorney s Office, which will then provide a to the retail cigarette permi~'holder via regular mail sent to the permit holder's business as it appears on the apphc)~t~on for a retail mgarette permit. PASSED,'~ND APPROVED: Mayor, City of Iowa City ATTEST: City Clerk, City of Iowa City Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-224 RESOLUTION APPROVING AN AMENDMENT TO THE PURCHASE AGREEMENT WITH UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREWITH, WHEREAS, Tower Place and Parking includes commercial space which has been marketed for sale to the general public; and WHEREAS, In June of 2002, the City Council approved a Real Estate Contract - Installments pursuant to which the City is selling Unit 1-C of the Tower Place & Parking condominium regime to United Action for Youth (UAY) for a total price of $500,000; and WHEREAS, pursuant to the contract, UAY paid $225,000 of the purchase price in August of 2002 when they received a CDBG award in that amount, and the contract calls for UAY to pay the balance of the purchase price in installments of $125,000 on or before July 1, 2004, and $150,000 on or before July 1, 2005; and WHEREAS, UAY has requested that the contract be amended to allow them to pay the balance of the purchase price in installments of $100,000 on or before December 1, 2004, and $175,000 on or before December 1, 2005, as set forth in the amendment attached hereto. WHEREAS, f(~llowing public hearing on the City Council's intent to approve said amendment to purchase agreement and to dispose of the property in accordance therewith, City Council finds that the amendment to purchase agreement should be approved and that said property should be conveyed in accordance with said purchase agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby approves in form and substance the attached second amendment to purchase agreement between the City of Iowa City and United Action for Youth for condominium unit 1-0 in Tower Place and Parking and the disposition of said property in accordance therewith. 2. Upon the direction of the City Attorney, the Mayor and City Clerk are hereby authorized to take all action necessary to dispose of said property in accordance with said purchase agreement. 3rd day of ,20 . Passed and approved this Approved by ATTEST: ~/)x~ ~- CiTY CLERK City Attorney's Office Mitch~d:~towrplaCe~l cuay~a rnendment~eso~u~:m 2 Resolution No. 04-224 Page 2 Itwas moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Mitchel T. Behr, Asst. City A6omey, 410 East Washington St., Iowa City, lA 52240; (319) 356-5030 SECOND AMENDMENT TO REAL ESTATE CONTRACT- INSTALLMENTS WHEREAS, the City of Iowa City ("Sellers") and United Action for Youth ("Buyers") executed a REAL ESTATE CONTRACT- INSTALLMENTS for the sale of Unit lC, Tower Place & Parking, as legally described therein, dated May 11, 2002, which is recorded at Book 3343, Page 137 of the records of the Johnson County Recorder, and modified by an amendment recorded at Book 3357, Page 352 of the records of the Johnson County Recorder; and WHEREAS, Buyers and Sellers wish to further amend said REAL ESTATE CONTRACT - INSTALLMENTS to modify the provisions thereof relating to payment of the purchase price and "finish work" to completed on the property by Buyers, as agreed to and understood by the parties. FOR GOOD AND VALUABLE CONSIDERATION, IT IS AGREED that the above-referenced contract is hereby further amended as follows: 1. Paragraph l(b) of the contract is deleted in its entirety and replaced with the following: "BALANCE OF PURCHASE PRICE. $275,000.00 as follows: $100,000.00 on or before December 1, 2004 and the balance of the purchase price payable on or before December 1, 2005." 2. Paragraph 1 in the Addendum to the contr~act is deleted in its entirety and replaced with the following: "On or' before December 1,2004, Buyer will complete finish work upon the p~,op~rty hawng a market cost in excess of $100,000.00." UNITED ACTION FOR YOUTH ClTY~ IOWA CIT.Y By: . m Swaim, Executive Director 'Ernest Lehman, Mayor By.'~D~n ~ns~t~-~( ) ~n-~K'. Ka~City~ Chairman of Board of Directors STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this ,.~r~ ~, ~ , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim Swaim and Don Carstensen to me personally known, who, being by me duly sworn, did say that they are the Executive Director and Chairman of Board of Directors, respectively, of the corporation executing the foregoing instrument; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that Jim Swaim and Don Carstensen acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it, by them voluntarily executed. ~otar~L.l~'ublic in and for the State of Iowa. I~lSUzANNE E' SHEBEK' ! COMMISSION NO. 713257 I I MY COMMISSION EXPIRES ! OCTOBER ~'6 STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this ..~"~ day of ~u~us'~ ,2004, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Kart, 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ~. Commission Number 1597911 Notary Public in and for the State of Iowa My Commission Expires ~-7-0~ I UAY · United Action for Youth · 410 Iowa Avenue · P.O. Box 892 · Iowa City, IA 52244 · 319-338-7518 June 11, 2004 Stephen J. Atkins City Manager City of Iowa City Civic Center 410 Washington Street Iowa City, IA 52240 Dear Mr. Atkins This letter is to request an amendment to the contract between the City of Iowa City and United Action for Youth (UAY) for the purchase of property in the Tower Place, 355 Iowa Avenue. The requested amendment is to change the date of UAY's payments to Iowa City from July, 2004 and July 2005 to December of 2004 and December of 2005. We also request that the payment schedule be modified so that UAY pays $100,000 in the first payment in December of 2004 and pays the balance by December of 2005. We make this request to accommodate our delayed schedule in completing the finish work. UAY is currently working with A & J Engineers to design the additional heating and cooling HVAC equipment required for the Youth Center to operate. We currently have $10~,0~9_j.n private funds in the account at Iowa State Bank and approximately $60~(~0~in pledges and commitments to the project. Our original estimates to finish the space at $40-50 per square foot were low and we are working diligently to raise additional funds to complete the finish work. Mike Hahn of McComas Lacina continues to provide us volunteer assistance to coordinate the finish work. We expect the mechanical design later in June or early July. Members of the Home Builders have expressed an interest in donating work to the f'mish work as well. With their help, and the support of Iowa City, I believe we can complete the work and move into the new Youth Center this fall. Thank you for your consideration. Sincerely / , v Executive Director 08-03-04 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., iowa City, IA 52240-319-356-5030 RESOLUTION NO. 04-225 RESOLUTION RE-ESTABLISHING A DEER TASK FORCE. WHEREAS, Resolution No. 98-87 approved a long term deer management plan; and WHEREAS, Resolution No. 98-87 referenced the formulation of a deer committee appointed by City Council to assist the City Council in implementing said plan by annually making recommendations; and WHEREAS, Resolution No. 01-80 established the Deer Task Force and also provided for the Deer Task Force to sunset on March 15, 2004; and WHEREAS, the Deer Task Force still remains necessary to address issues and concerns relating to the long term deer management plan and therefore the task force should be re- established; and WHEREAS, it is in the public interest to re-establish the Deer Task Force. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Deer Task Force is established to fulfill the requirements assigned to the Deer Committee in Resolution No. 98-87. The Deer Task Force will be comprised of nine (9) individuals representing the following categories: Two Animal Welfare Advocates, One Gardener, One Hunter; One Biologist/Scientist; One Non-Government Conservationist; and Three At-Large Members. The individuals, who were serving as members on the Deer Task Force on March 15, 2004, are appointed as members of the new Deer Task Force, and will continue to serve throughout the tenure of the task force or until they choose to resign. The Deer Task Force will sunset on March 15, 2007, at which time the Task Force will recommend to Council a future direction for the Task Force. The Deer Task Force and City Council will annually review and reaffirm the existing Long Term Deer Management Plan. Passed and approved this ;~d day of Auqust ,2004. City Attorney's Office ATTEST: '~ ~x~_~.~ ClTY~-%ERK ue\O rd &Re$\DeerTFRes2.doc Resolution No. 04-225 Page 2 It was moved by Champion and seconded by fi, nnnnpll the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X EIliott X Lehman X O'Donnell X Vanderhoef X Wilburn %' r . ~__ 08-03-0413 Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. 04-226 RESOLUTION CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2004 UPDATING OF RATES FOR BASIC CABLE SERVICES WHEREAS, pursuant to the public law and the regulations of the Federal Communications Commission (FCC), the City of Iowa City, Iowa (City) retains regulatory authority over basic cable television services provided by Mediacom Communications Corporation [d/b/a MCC Iowa, LLC] (Mediacom) in the authorized franchise area encompassing the City; and WHEREAS, Mediacom filed an FCC Form 1240 dated April 28, 2004, for the purpose of updating maximum permitted rates for basic cable programming services and for requesting and justifying the approval of a rate of $11.75 per subscriber per month [inclusive of FCC regulatory fees] to be effective on or about August 1, 2004; and, WHEREAS, Mediacom filed FCC Form 1205 dated August I, 2004 for the purpose of updating maximum permitted rates for cable equipment installations and rentals and requesting and justifying adjustments to rates charged for such services to be effective on or about August 1,2004; and WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings and has determined that Mediacom's FCC Form 1240 calculated maximum permitted rate was correctly established; that Mediacom's requested rate for basic cable services is reasonable; that Mediacom's FCC Form 1205 calculated maximum permitted rates were correctly established; and, that the requested rates for equipment installations and rentals are reasonable; and WHEREAS, the findings from the City's review of these filings are presented in a report prepared by the City's consultant, Rice Williams Associates, which is attached to and incorporated by reference in this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: (1) Mediacom's requested rate of $11.75 per subscriber per month [inclusive of FCC regulatory charges] for basic service tier cable programming service is approved to become effective on billings rendered after August 1,2004. (2) Mediacom's Maximum Permitted Rate for basic service tier cable programming service shall be established at $11.9919 per subscriber per month and this rate and its associated components shall be utilized when calculating the Maximum Permitted Rate for Mediacom's next FCC Form 1240. (3) Mediacom's proposed rates for equipment installations and rentals as indicated on its "Summary of Rates" attachment to its FCC Form 1240 filing are approved to become effective on billings rendered after August 1,2004. (4) Mediacom is directed to review the official FCC Form 1240 and FCC Form 1205 filing instructions to insure that its future FCC Form 1240 and 1205 filings provide the full level of detail and supporting information required by these filing instructions. Passed and approved this 3rd dayof Auqust 2004. Mayor ATTEST: CITY¥~..ERK rngr~asst\res\mediacomupdate.doc _ City Attorney's Office Resolution No. 04-226 Page 2 It was moved by Vanderhoef and seconded by 0'Donnel'~ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn RICE, WILLIAMS ASSOCIATES REPORT ON REVIEW & ANALYSIS OF FCC FORM 1240 & 1205 [2004] FILED BY MCC IOWA, LLC FOR IOWA CITY, IOWA JULY 1, 2004 SUMMARY This is a review of Federal Communications Commission ["FCC"] Form 1240 dated April 28, 2004 and FCC Form 1205 dated August 1, 2004, filed by MCC Iowa, LLC ["Mediacom"] relating to the updating of permitted rates for basic tier cable programming service ["BST"] and equipment installation and rental services which are regulated by the City of Iowa City, Iowa ["City"]. These filings were transmitted by Mediacom cover letter dated April 29, 2004, which indicates that price adjustments would take effect on or about August 1, 2004. The conclusion of this review is that Mediacom's maximum permitted rates for BST programming services [FCC Form 1240] and the maximum permitted rates for equipment installation and rental services [FCC Form 1205] have correctly been determined pursuant to FCC regulations and the 2003 Rate Settlement Agreement between Mediacom and the City [2003 Agreement]. The actual rates that Mediacom proposes to charge as of August 1, 2004 do not exceed these maximum rates and therefore are reasonable. Mediacom's calculations determine a Maximum Permitted Rate ["MPR"] of $11.9919 per subscriber per month [inclusive of FCC regulatory fees] for B ST cable programming services. However, pursuant to the 2003 Agreement Mediacom indicates that it shall continuing charging the current, actual rate of$11.75 per subscriber per month [inclusive of FCC regulatory fees] between August 1, 2004 and July 31, 2005. Although Mediacom is proposing substantial increases to some of the current rates for equipment installation and rental services, the proposed rates do not exceed the maximum permitted rates determined pursuant to the FCC regulations. 2121 K Street, NW 209 Elden Street Suite 800 Suite 200 Washington, DC 20037 Herndon, VA 20170 Phone: (202) 737-2400 Phone: (703) 467-9833 City of Iowa City, Iowa MCC Iowa, LLC Review of FCC Form 1240 & 1205 July 1, 2004 Page 2 of 5 Accordingly, the proposed "Operator Selected Rates" shown on Mediacom's attachment titled "Summary of Rates" are reasonable. ANALYSES The following analyses of Mediacom 's filings assume the accuracy of the limited information supplied by Mediacom in those filings. No additional information was obtained for these analyses, and no audit of Mediacom 's books and records has been done and none of its system cost assumptions has been checked against any independent sources. FCC FORM 1240 Pursuant to FCC regulations, cable system operators are permitted to adjust their rates periodically for increases and decreases in costs relating to retransmission consent fees, copyright fees, programming costs, certain cable specific taxes, franchise-related costs, and FCC regulatory fees. On September 15, 1995, the FCC adopted new rules giving regulated cable operators the option of filing for rate adjustments on an annual basis instead of the existing quarterly system embodied in the FCC Form 1210. Subsequently, the FCC issued its instructions and analytical model for the FCC Form 1240 which implements the latest filing rules. Mediacom's predecessor elected this option in 1996. The standard FCC Form 1240 annual filing system examines a stream of historical costs that have occurred over a period of time, relates this to the revenues actually collected during the same period and computes a monthly adjustment to apply to a future rate. The rate to be charged in a future period is developed based on a projected 12 months of costs and the unit rate adjustment, or "true-up," from the historical period is added to this projected period maximum permitted rate to determine the total maximum permitted rate to be charged for the future 12 months period. Each subsequent annual FCC Form 1240 filing will evaluate a historical, or "True-Up Period," and a future, or "Projected Period," as part of the process of establishing a new maximum permitted rate for a future 12 months period. City of Iowa City, Iowa MCC Iowa, LLC Review of FCC Form 1240 & 1205 July 1, 2004 Page 3 of 5 For its year 2004 FCC Form 1240 filing, Mediacom has chosen to establish rates for the "Projected Period" of August 1, 2004 through July 31, 2005. Pursuant to ~[ 2 of the 2003 Agreement, Mediacom is required to limit its FCC Form 1240 analyses to only the Projected Period calculations and must use certain input factors to complete those calculations. Accordingly, the "True-Up Period" portion of the FCC Form 1240 has not been developed in this filing. For this filing, the 2003 Agreement requires that the MPR for the Projected Period be established by first removing from the prior MPR certain variable cost components to determine a Base Rate. Estimates of these variable cost components for the Projected Period are determined pursuant to FCC approved worksheets and these amounts are then combined with the Base Rate to formulate the MPR that will apply uniformly over the Projected Period. As the first step in the review and analysis of Mediacom's filing, the information provided by Mediacom was checked against the 2003 Agreement and then was incorporated into the official FCC Form 1240 analytical model. The results from this analysis replicate the calculations provided by Mediacom in this year 2004 FCC Form 1240 filing and thereby demonstrate that Mediacom's filing is mathematically accurate. It was noticed that the input on line D7 was slightly inconsistent with the 2003 Agreement, and the development of Worksheet 5 - True Up Period showed a second True-Up Period of two months. However, the line D7 error was very small and had no material affect on the final MPR, and there are no True-Up Period calculations in this filing. Thus, these errors can be ignored. Also, Mediacom's "Summary of Rates" attachment to its filing appears to misstate the results of its FCC Form 1240 analyses by indicating an MPR for the Projected Period of $13.0136. While this presentation is not correct, it has no bearing on the FCC Form 1240 analyses. It is important to note that in past Mediacom filings the appropriateness and level of many of the franchise related costs included in the amounts shown on Worksheet 7, Line 707, for both the True-Up and Projected Periods, were the subject of disputes. The FCC instructions for completion of Worksheet 7 Line 707 state as follows: Line 707 Franchise Related Costs For The Period. Enter the total monthly franchise related costs for the period. You should attach a complete list of all costs being claimed in Line 707 and include information on how they were calculated and when they occurred (or are projected to occur). City of Iowa City, Iowa MCC Iowa, LLC Review of FCC Form 1240 & 1205 July 1, 2004 Page 4 of 5 No such list or any other sort of information supporting the included franchise related costs have been supplied with this filing. Accordingly, no conclusions can be made with respect to the appropriateness or level of these costs. Notwithstanding this missing information, it appears that Mediacom has determined its maximum permitted rate for basic service tier cable programming services in a fashion consistent with the FCC regulations and the 2003 Agreement. The proposed rate of $11.75 also is consistent with the 2003 Agreement and it does not exceed the MPR determined by the FCC Form 1240. Accordingly, this rate is reasonable. FCC Form 1205 The FCC Form 1205 is used to update charges for renting regulated equipment [eg., remotes and converters], equipment installations leg., house wiring, service drops, extra outlets, service tier changes] and the Hourly Service Charge ["HSC"] for service calls. Charges established pursuant to this form are based strictly upon the actual cost of regulated equipment and installations plus a reasonable profit. The financial information utilized in this form is to be derived directly from the operator's general ledger and subsidiary records that are to be maintained in accordance with generally accepted accounting principles. This form is required to be prepared and submitted on an annual basis. As with the Mediacom's FCC Form 1240, this review of Mediacom's FCC Form 1205 filing assumes the accuracy of the information supplied by Mediacom from its financial books and records and related sources. No audit of Mediacom's books and records has been done and none of its system cost assumptions has been checked against any independent sources. As is permitted by FCC regulations, Mediacom's FCC Form 1205 aggregates costs for equipment and installations on a system-wide basis. The information supplied by Mediacom has been incorporated into an official FCC analytical model which provides the formulas and format for all the calculations required for preparation and completion of the FCC Form 1205. It appears that Mediacom has followed the FCC's analytical format and the results shown on the FCC Form 1205 filing made by Mediacom match the results obtained from the official FCC analytical model reconstructed with Mediacom supplied cost data for the purpose of this review. City of Iowa City, Iowa MCC Iowa, LLC Review of FCC Form 1240 & 1205 July 1, 2004 Page 5 of 5 Again, however, Mediacom has chosen not to include the minimal level of supporting information required by the FCC Form 1205 filing instructions. Among other informational requirements, these instructions provide that: Note 1: If an expense amount is included on Schedule B for equipment sent out for repair, an appropriate adjustment to the total labor hours reported on this Form must be made ........... In any case that an amount is included on Schedule B for work sent out for repair, explain all the adjustments made on the Worksheet. This explanation must include the number of hours added on line 6 below as well as a description of and the number of hours added into the charges developed in Steps C through E. Mediacom has indicated that Schedule B category of"Other 1" includes costs for "Cont. Labor & Cony. Maint." Thus, an adjustment to total labor hours must be made and explained. Mediacom has not included any information to indicate that any such adjustment was made, or provided the necessary explanation of the adjustment if it was made. Accordingly, no conclusions can be made with respect to the appropriateness or level of these costs. Notwithstanding this missing information, it appears that Mediacom has determined its maximum permitted rates for equipment installation and rentals in a fashion consistent with the FCC regulations. The proposed rates for such services do not exceed the MPR determined by the FCC Form 1240. Accordingly, these rates are reasonable. CONCLUSION Mediacom's "Operator Selected Rate" of $11.75 per subscriber per month [inclusive of FCC regulatory charges] to be effective as of August 1, 2004 is reasonable. The rates and charges shown in Mediacom's FCC Form 1205 have been shown to be reasonable and these adjusted levels may be put into effect on or about August 1, 2004, as requested. DEFEATED ~ Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO SUBMIT TO THE VOTERS THE QUESTION OF WHETHER MANAGEMENT AND CONTROL OF THE IOWA CITY AIRPORT SHOULD REMAIN IN THE AIRPORT COMMISSION. WHEREAS, on January 10, 1944, a petition signed by eligible electors was submitted to the City of Iowa City asking that the proposition of placing control and management of the Iowa City Airport in an Airport Commission be submitted to the voters; WHEREAS, on January 26, 1944, the City Council passed a resolution calling for a special election for the proposition of placing the management and control of the Iowa City Airport in an Airport Commission; WHEREAS, on February 7, 1944, a special election was held in which the voters elected to place the management and control of the Iowa City Airport in an Airport Commission; WHEREAS, section 330.17 of the iowa Code provides that the management and control of an airport by an Airport Commission may be ended in the same manner as it was established; WHEREAS, the question of whether management and control of the airport shall remain with the Airport Commission should be submitted to the voters at the general election on November 2, 2004; and WHEREAS, the form of the question to be placed on the ballot is dictated by section 330.19 of the iowa Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Johnson County Auditor is hereby authorized and directed to place the following question before the qualified electors of the City of Iowa City, Iowa at the general election on November 2, 2004: Shall the City of Iowa City continue the management and control of its airport in an Airport Commission? Yes No The City Clerk is hereby authorized and directed, pursuant to section 330.18 of the Iowa Code, to give notice of the election by publication in a newspaper of general circulation in iowa City, Iowa, subject to section 362.3 of the iowa Code. Passed and approved this day of ,2004. MAYOR A~l~oved by CITY CLERK City Attorney's Office Eleanor/Re~AirpodCommQuestion doc DEFEATED Resolution No. Page It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Page 1 of 1 :~ /. ~'~ Marian Karr From: dim Tucker [jim@iercomputer,com] Sent: Tuesday, August 03, 2004 1:30 PM To: council@iowa-city.org Subject: Airport Issue Hello, I know you have received a lot of communication about the proposal to place a referendum on the November ballot to abolish the airport commission. I am against this proposal. I believe that abolishing the current airport commission would end up generating a significant increase in paid staffer's time dealing with issues that are now handled by the all-volunteer and independent airport commission. I also believe that the general public is not in a position to adequately evaluate and make this decision. In a similar vein, I am concerned by the power that is wielded by both the city attorney and city manager. I understand that this is the last department that is not under the direct control of the city manager. I know that it can be difficult being a part-time councilor, and I greatly appreciate all of your efforts. VVhen paid staffers gain too much power and influence, it can have a detrimental effect on the affairs of city government. Thank you all for your time and effort. Jim Tucker 337-9540 8/3/2004 1'/\' ~ Prepared by: Terry Trueblood, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 04-227 RESOLUTION AWARDING CONTRACT FOR INSTALLING A NEW LIGHTING SYSTEM ON MERCER PARK BASEBALL DIAMOND #1. WHEREAS, Merit Electric, Ltd. of Iowa City, Iowa, has submitted the lowest responsible bid of $33,567 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Merit Electric, Ltd., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 3rd day of Auaust ,20 04 £-/¿,¿ $/~ AYOR Approved by ATTEST: ~ k. J::;A~ III~~ .-~ ,,/~.,Þ"t- CI LERK City Attorne s Office It was moved by Wil burn and seconded by Ba il ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn parksredreslawrd mercer lighting.doc --...- _.. .----.--" - ------- ~ \ . . :s-- ADVERTISEMENT FOR BIDS INSTALLATION OF NEW SPORTS LIGHTING SYSTEM ON MERCER PARK BASEBALL DIAMOND #1 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 AM. on the 27th day of July, 2004, or at a later date and/or time as determined by the Director of Parks and Recreation or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the Director or designee. 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 Emma J. Harvat Hall at 7:00 P.M. on the 3rd day of August, 2004, or at such later time and place as may be scheduled. The Project will involve the following: Installation of a city-owned, six-pole sports lighting system on baseball diamond #1 in Mercer Park. Work will include removal of existing wood poles and lights, and reiocation of an existing steel pole and lights. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City, 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 proposai, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) caiendar days following award of the contract, or untii rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. .. -,--....-....----.-. -.,.-. '--~-'--- ~m_.._~_.__.__ "_______ The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, 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 one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Date: November 12, 2004 Specified Start Date: August 9, 2004 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 Parks and Recreation Department offices, 220 S. Gilbert Street, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. 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 Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must 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 reciprocai resident bidder preference law applies to this Project. 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 LlW 16 Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 04-228 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR CONSTRUCTION OF THE SOUTH GRAND AVENUE IMPROVEMENTS [STP.U-3715(627)--70-52]. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation for a grant for improvements to South Grand Avenue, said agreement is on file at the City of Iowa City Engineering Division; and WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the University of Iowa pursuant to which the University will contract for the improvements and pay all costs thereof in excess of the lOOT grant, said agreement being attached to this resolution and by this reference made a part hereof; and WHEREAS, the City of Iowa City supports and endorses this project because it will improve traffic and pedestrian flow; and WHEREAS, the City Council deems it in the public interest to enter into said agreement for the construction of South Grand Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. It is in the public interest to enter into the attached agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the attached agreement between the City of Iowa City and the University of Iowa, Passed and approved this 3rd day of A~ ,2004. ~,a ayor ATTEST: ~~~ ;¿.~ ~~ ~~tJ..,. ~ -~ City lerk tityAttorn 's ffice Resolution No. 04-228 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn SIDE AGREEMENT FOR CONSTRUCTION OF SOUTH GRAND AVENUE IMPROVEMENTS This is an agreement between the City of Iowa City (hereinafter referred to as "City"), and the University of Iowa (hereinafter referred to as "University") to allocate responsibilities with respect to the construction project (hereinafter referred to as "Project") to construct improvements of South Grand Avenue, The City has applied for and received a grant of $320,000 from the Iowa Department of Transportation (hereinafter referred to as "lOOT") which is 80% of the $400,000 estimated total project cost, to complete the road construction project. As an inducement for the City to enter into a contract with lOOT for the Project, the University agrees to provide certain funding, construction and construction management for the Project, as more fully set forth herein, I. City responsibilities: A. The City agrees to enter into an agreement with lOOT for the purpose of financing the Project, identified as Project #STP-U-3715(627)--70-52, lOOT agreement #6-04-STPU- 18, . B, The City agrees to be the local government agency for carrying out this project for purposes of lOOT funding. C. The City agrees to cooperate with and coordinate activities with the University in connection with the University's construction of the Project. D. The City agrees to forward to the IDOT all requests for payment submitted by the University, and upon receipt from IDOT of such funds, to timely reimburse the University for such costs incurred. Both parties acknowledge that the lOOT may withhold a portion of these funds until their internal audits are complete, E, The City's financial contribution to the Project shall be the amount of the grant from IDOT of $320,000 not to exceed 80% of the lOOT's allowable reimbursement costs, Should the actual total project cost exceed the estimated total project cost, such additional costs shall be the responsibility of the University, II. University responsibilities: A. The University agrees to provide at its cost, the necessary real estate for construction of South Grand Avenue Improvements, Subject to Section I.E of this agreement, the University's financial contribution to this project shall be all portions of the total project cost in excess of the lOOT grant. B. The University, in conjunction with lOOT, agrees to undertake construction of the roadway project and to arrange for all necessary construction management services, equipment, personnel, and facilities necessary to carry out and complete the Project. 2 C. Unless otherwise specified herein, the University agrees that it will assume and will undertake on behalf of the City the City's responsibilities set out in lOOT Project #STP- U-3715(627)--70-52; lOOT agreement #6-04-STPU-18 and any attached exhibits, which agreement is hereby made a part of this agreement. O. The University agrees to coordinate and cooperate with the City with respect to the various construction and other activities it undertakes in connection with the Project. E. The University agrees that should the Project not be completed within two years of the date of commencement of work, or such later date as the parties may agree, the University shall repay all sums advanced or paid to it by or through the City or lOOT in connection with this project. F. The University agrees to be responsible for any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this Project which directly results from the negligent acts or omissions of the University. Parties agree that the University is self-insured and shall provide a certificate of insurance upon request. £,FIOWACITY ~. BY' ~~ - BY: Ernest W. Lehmæ, Attest: ~~/.4--u.J JI. ~/I A J Attest: Mari K, Karr, City Clerk Date: AUQust 3 , 2004 Date: wz:J 17 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 04-229 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE . IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE NORTH DODGE STREET PROJECT sTP-1-5(69)--2C-52. WHEREAS, the City of Iowa City, Iowa has approved a funding agreement with the Iowa Department of Transportation by Resolution 00-429. WHEREAS, the City of Iowa City, Iowa has negotiated an addendum to that agreement with the Iowa Department of Transportation, said addendum to the agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said addendum to the agreement with the Iowa Department of Transportation for STP Project STP-1-5-(69)--2C-52 for the reconstruction of North Dodge Street from the one-way pair at Governor Street north to the 1-80 interchange, NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1, It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the addendum to the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate, 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 3rd day of Auçust , 20---º.4....-. -p~~. - Ä OR Approved by ATTEST:~~ R. ~hV' ~~.~ CITY ERK 'City Attorney's Office 7.Þ-fII p~ pwenglreslndodgeadd.doc Resolution No, 04-??Q Page 2 It was moved by Vanderhoef and seconded by o I Donne 11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell )( Vanderhoef X Wilburn STAFF ACTION NO: S-2005-0113 ADDENDUM TO COOPERATIVE AGREEMENT 2000-16-173 County Johnson City Iowa City Project No. STP-I-5(69)--2C-52 Iowa DOT Addendum No. 2000-16-173B This Addendum, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the City ofIowa City, Iowa, hereafter designated the "CITY" in accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections 28E.12 and 306A; WITNESSETH; that WHEREAS, the DOT proposes to establish or improve an extension of Primary Road No.1 as a controlled access facility within Johnson County, Iowa; and WHEREAS, the DOT and the CITY are willing to jointly participate in said project, in the manner hereinafter provided; and WHEREAS, this Addendum reflects the current concept of this project which is subject to modification by the DOT; and NOW, THEREFORE, IT IS AGREED as follows: 1. The DOT will design, let and inspect construction of the below described project in accordance with the project plans and DOT standard specifications. (As agreed previously- see Section 3 be1ow- said design is being accomplished by an engineering consultant under contract by the CITY for which the CITY will receive credit for 100% of the actual cost of these design engineering services within the cost-sharing for this proj ect.) The proposed project will provide for a three-lane cross-section on Iowa 1 (North Dodge Street) within the CITY from the north end of the Iowa 1 Governor Street! Dodge Street one-way pair northeasterly to the CITY's recently completed project at Scott Boulevard. A four-lane cross-section will be constructed from the CITY's Scott Boulevard project northeasterly to 1-80. The south interchange ramps at Dodge Street and 1-80 will be re-aligned and signalized (see Exhibit A attached). Temporary pavement will be constructed at the north ramps at Dodge Street and 1- 1 80 interchange to facilitate traffic staging for this project. The project is currently estimated to cost $7,682,600. The project will also include the following side street improvements and adjustments: · North Governor Street will be re-graded and reconstructed from 141.45 feet south to 251.52 feet north of the centerline of Dodge Street at project cost and from 251.52 feet north to 453.52 feet north of the centerline of Dodge Street at 100% CITY cost. The cost of this 100% CITY construction is estimated to be $38,192. An itemized listing of roadway items to be constructed at 100% CITY cost is included in Table 2 which is attached hereto and by this reference made part hereof. · North Summit Street will be reconstructed from North Dodge Street to 102.44 feet south of the centerline of North Dodge Street at project cost. · Prairie Du Chien Road will be reconstructed from North Dodge Street to 346.12 feet north of the centerline of North Dodge Street at project cost. Sidewalk and driveway construction extending more than 346.12 feet north of the centerline of Dodge Street shall be at 100% CITY cost. The cost of this 100% CITY construction is estimated to be $740, An itemized listing of roadway items to be constructed at 100% CITY cost is included in Table 2 which is attached hereto and by this reference made part hereof. · St. Mathias Alley will be reconstructed from North Dodge Street to 199.60 feet north of the centerline of North Dodge Street, all at project cost. · Conklin Lane and Dubuque Road will be realigned to a common intersection with North Dodge Street/Iowa 1 and reconstructed from 233.29 feet south to 289.90 feet north of the centerline of North Dodge Street, all at project cost. · The connection of Dodge Street Court to North Dodge Street/Iowa 1 will be closed and Dodge Street Court will be reconstructed to connect to the cemetery access road to the south of the current intersection of Dodge Street Court and North Dodge Street. Dodge Street Court will be reconstructed from approximately 204 feet northwest of the centerline of reconstructed Conklin Lane as measured along the Dodge Street Court centerline to approximately 51 feet southeast of the centerline of reconstructed Conklin Lane all at project cost. · Bristol Drive will be reconstructed from North Dodge Street to 99.72 feet north of the centerline of North Dodge Street all at project cost. · North Dubuque Road will be reconstructed from North Dodge Street to 277.45 feet north ofthe centerline of North Dodge Street all at project cost. · ACT Circle will be reconstructed from North Dodge Street to 168,18 feet north of the centerline of North Dodge Street all at project cost. 2. Upon completion of construction, the CITY agrees to accept ownership and jurisdiction of the above referenced side street improvements located within CITY jurisdiction as well as any drainage structures located outside of the primary highway right of way limits and which were constructed as part of said improvement (if any). The CITY shall also assume responsibility for all future maintenance operations associated therewith, all at no additional expense or obligation to the DOT. 2 Special Provisions 3, The CITY and DOT previously entered into the following documents for the above referenced project: A. Agreement 2000-16-173, for project funding and construction, was signed by the CITY and DOT on December 19 and 22, 2000 respectively; and B. Addendum 2000-16-173A, for revision of project funding and scheduling, was signed by the CITY and DOT on January 22 and 28, 2002 respectively. Said Addendum also provides for 100% of the cost of design engineering services to be credited toward the CITY's share of the project cost (see details in Section 9 herein). 4. Iowa 1 through-traffic will be maintained during the construction period. 5. In accordance with 761 Iowa Administrative Code Chapter 150.3(I)d, the CITY's share of project construction costs will include 74% percent of the actual cost for longitudinal and outlet storm sewer as shown by project records. The total cost of the longitudinal and outlet storm sewer installation is estimated to be $293,935 ($76,423 DOT and $217,512 CITY). In addition, storm sewer constructed as part of CITY -only work will be paid 100% by the CITY. The total cost of the CITY-only storm sewer system is estimated to be $132,157. The CITY's actual share for storm sewer will be based upon actual quantities in place and unit prices as contained in the approved contract. Itemized listings of storm sewer items to be constructed at 74% CITY/26% DOT cost and storm sewer items to be constructed at 100% CITY cost are in Table 1 which is attached hereto and by this reference made part hereof. 6. New lighting to be accomplished as part of this project shall be provided under guidelines established in 761 Iowa Administrative Code Chapter 150. Lighting installations are included in this project at the specific request of the CITY. Said lighting is estimated to cost $216,500. The CITY's share of project construction costs will include 100% of the cost of said lighting all at no cost to the DOT. The CITY shall accept ownership of and responsibility for future energy and maintenance costs of those lighting units which lie within the CITY's corporate boundaries. Those lighting units located outside of the CITY at corporation line primary highway junctions shall be owned and operated by the DOT. The CITY's actual share for lighting will be based upon measured quantities in place and unit prices as contained in the approved contract. An itemized listing of lighting items to be constructed at 100% CITY cost is contained in Table 3 which is attached hereto and by this reference made part hereof. 7. In accordance with 761 Iowa Administrative Code Chapter 150.4(5), the CITY will make or cause to be made all adjustments of water and sanitary sewer utilities necessary to accommodate construction of this project all at no cost or obligation to the DOT. The cost of the water and sanitary sewer work that will be included in this construction 3 project is estimated to be $970,868 ($570,253 water and $400,615 sanitary sewer). The CITY's share of the project construction costs will include 100% of the actual cost of these utility adjustments based upon actual quantities in place and unit prices as contained in the approved contract. An itemized listing of water and sanitary sewer utility items to be constructed at 100% CITY cost is contained in Tables 4 and 5 which are attached hereto and by this reference made part hereof. 8. Existing sidewalk disturbed as part of this project shall be reconstructed at DOT cost. Construction of new sidewalk where none existed prior to construction shall be at the cost of the CITY. The cost ofthe new sidewalk construction is estimated to be $124,415, The CITY's actual share for new sidewalk will be based upon measured quantities in place and unit prices as contained in the approved contract. An itemized listing of new sidewalk locations and estimated quantities is contained in Table 6 which is attached hereto and by this reference made part hereof. 9. Special landscaping will be constructed in conjunction with this project at 100% CITY cost. The cost of this special landscaping is estimated to be $97,291. The CITY's actual . cost for special landscaping will be based upon measured quantities in place and unit prices as contained in the approved contract. An itemized listing of these landscaping items is contained in Table 7 which is attached hereto and by this reference made part hereof. 10. The cost of granular backfill placed in conjunction with the storm sewer, sanitary sewer and municipal water systems for this project will be shared according to a pro-rata determination based on estimated plan quantities. The pro-rata share has been determined to be 58% CITY and 42% DOT. Final cost responsibility will be determined by actual total quantity placed, the accepted bid price and the pre-determined pro-rata share. Granular backfill is estimated to cost $102,432 ($43,021 DOT, $59,411 CITY). II. Construction items generally related to the contract (e.g. mobilization, traffic control) that are not assignable to CITY or STATE individually shall be shared 23% CITYI77% STATE. The cost of these items is estimated to be $517,600 ($398,552 DOT, $119,048 CITY). The CITY's actual cost for these construction items will be based on 23% of the bid prices for same as contained in the approved contract. An itemized listing of these items is included in Table 8 which is attached hereto and by this reference made part . hereof. 12. Authorization of federal STP funds plus 20% local match for design engineering services as provided in Section 3 above shall be limited to a total of $910,979. The remaining $158,975.64 of federal STP funds programmed for this project shall be used for construction of this project and credited to the CITY's share of costs. Any necessary design engineering costs beyond the $910,979 authorized shall be approved by the DOT prior to commencing work and shall be reimbursed to the CITY by the DOT upon receipt of a properly documented billing. 13. The DOT will inspect (with CITY/CITY Consultant assistance as requested) and 4 administer the construction project and shall pay the contractor according to normal billing procedures. Upon completion of construction and receipt of a properly documented billing, the CITY shall reimburse the DOT for all costs attributable to the CITY under the provisions of this and previous documents referenced in Section 3 herein that exceeds $1,069,954.64 (design engineering services plus $158,975.64 federal STP for construction). A summary of the current estimate of CITY costs is below: Total DOT City Description Est. Cost Share Share N. Governor St. & Prairie Du Chien Rd 100% CITY (Sec 1) $ 38,932 $ 0 $ 39,932 Storm Sewer (Section 5) $ 293,935 $ 75,497 $ 214,876 Storm Sewer, 100 % CITY (Sec 5) $ 132,157 $ 0 $ 132,157 Lighting (Section 6) $ 216,500 $ 0 $ 216,500 City-owned Utilities (Section 7) $ 970,868 $ 0 $ 970,868 Sidewalk (Section 8) $ 124,415 $ 0 $ 124,415 Landscaping (Section 9) $ 97,291 $ 0 $ 97,291 Granular Backfill (Section 10) $ 102,432 $ 43,021 $ 59,411 Gen. Construction Items (Sec 11) $ 517,600 $ 398,552 $ 119,048 TOTAL $ 2,494,130 $ 517,070 $ 1,974,498 14. For situations where the CITY has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project area: If after the date of this Addendum the FIS is modified, amended or revised in an area affected by the project, the CITY shall promptly provide notice of the modification, amendment or revision to the DOT. For situations where the CITY does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project area: If after the date of this Addendum the CITY does adopt an FIS in an area affected by the project, the CITY shall promptly provide notice of the FIS to the DOT. General Provisions 15. The DOT will bear all costs except those allocated to the CITY under other terms of this Addendum and the unaffected provisions of previously executed documents (see Section 3 herein). 16. The CITY, in cooperation with the DOT, will take whatever steps may be required to legally establish the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code sections 313.21 and 364.15. 17. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. S 18. Also as part of the project, it may be necessary to temporarily close various local CITY streets and/or alleys during portions of said project. If temporary closures are necessary, the DOT will furnish and install the required road closure barricades and signing at project cost and shall remove same upon completion of the project also at no expense or obligation to the CITY. The DOT will work in close cooperation with the CITY and the contractor to accommodate fire protection and local access across the project during construction. 19. In the event this project is financed with federal funds, the CITY will take whatever action may be necessary to comply with applicable federal laws and regulations which includes but is not limited to Title 23 CFR (Code of Federal Regulations). 20. Future maintenance of the primary highway within the project area will be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter ISO. 2!. New traffic signal construction which may be accomplished (within this project area) as part of or incident to this project shall be provided under guidelines established in 761 Iowa Administrative Code Chapter ISO. The DOT shall construct traffic signal installations all at no cost to the CITY. If constructed, the CITY shall accept ownership of and responsibility for future energy and maintenance costs of those traffic signal units which lie within the CITY's corporate boundaries. Those traffic signal units which lie outside of the CITY shall be owned and operated by either the DOT or the County depending on their location. 22. Any costs incurred by the CITY in performing its obligations hereunder will be borne exclusively by the CITY without reimbursement by the DOT. 23. General Parking Requirements: A. On intersecting primary highways at signalized intersections, parking will be prohibited a distance of 20 feet in advance of the near sidewalk or traffic-control signal and a distance of 20 feet beyond the far sidewalk. At non-signalized intersections, parking will be prohibited 55 feet in advance of the near sidewalk and 22 feet beyond the far sidewalk. B. On minor side streets controlled with stop signs, with two through lanes and two parking lanes (parallel or diagonal), parking will be prohibited a distance of 35 feet in advance of the near sidewalk or stop sign and a distance of 35 feet beyond the far sidewalk. On minor side streets controlled with stop signs, with four through lanes and two parallel or diagonal parking lanes, parking will be prohibited a distance of 35 feet in advance of the near sidewalk or stop sign and a distance of 20 feet beyond the far sidewalk. C, On minor side streets with traffic control signals, with two through lanes and two 6 parallel parking lanes, parking will be prohibited a distance of 20 feet in advance of the near sidewalk or traffic signal and a distance of 35 feet beyond the far sidewalk. On minor side streets with four through lanes and parallel or diagonal parking lanes, parking will be prohibited a distance of 20 feet in advance of the near sidewalk or traffic signal and a distance of20 feet beyond the far sidewalk. D. If not already covered by an existing ordinance, the parking restrictions listed above will be outlined in a new ordinance which will be enacted by the CITY. The new ordinance would go into effect no later than such time as the project is completed and opened to through traffic. Parking shall be prohibited along Iowa 1, within the project limits, 24. Subject to the provisions hereof, the CITY in accordance with 761 Iowa Administrative Code sections 150,3(I)c and 150.4(2) will remove or cause to be removed (within the CITY project limits) all encroachments or obstructions in the existing primary highway right of way. The CITY will also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. 25. Subject to the approval of and without expense to the DOT, the CITY agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities within the CITY, including but are not limited to power, telephone and telegraph lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project and the clear zone, as provided in Chapter 761 Iowa Administrative Code section 150.4(5) and in accordance with the Utility Accommodation Policy of the DOT referenced therein. 26, With the exception of service connections no new or future utility occupancy of project right of way, nor any future relocations of or alterations to existing utilities within said right of way (except service connections), will be permitted or undertaken by the CITY without the prior written approval of the DOT. All work will be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. 27. All storm sewers constructed by the DOT as a part of the project will become the property of the CITY, which will be responsible for their maintenance and operations. The CITY will not make any connections to said storm sewers without the prior written approval of the DOT. The CITY will prevent use of such storm sewers as a sanitary sewer. 28. The CITY shall be responsible for providing, without cost to the DOT, any right of way for the project which involves dedicated streets or alleys, and any other city-owned lands, 7 except park land, which are required for the project subject to the condition that the DOT shall reimburse the CITY for the value of improvements situated on such other city- owned lands. The CITY has apprised itself of the value of these lands, and as a portion of their participation in the project, voluntarily agrees to make such lands available without further compensation, The DOT shall be responsible for acquisition of all other right of way. 29. Structures built by the DOT over or under a primary road extension will be maintained structurally sound by the DOT, including repairs to floors and railing and painting. For structures serving roadways which are not on the primary road extension system, the cleaning and removal of snow, debris and foreign objects from City side street traffic lanes, sidewalks or walkways within the project limits including pedestrian overpasses or underpasses and those associated with bridges both overpasses and underpasses will be the responsibility of the CITY. 30. The CITY will comply with all provIsions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, sex, color, national origin, religion or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. Miscellaneous Provisions 31. The previously executed documents (see section 3 herein) will remain in effect except as amended herein. 32. It is the intent of both parties that no third party beneficiaries be created by this Addendum. 33. If any section, provIsion, or part of this Addendum shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Addendum as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Addendum cannot be fulfilled. 34. This Addendum may be executed in two counterparts, each of which so executed will be deemed to be an original. 35. This document, as well as the unaffected provisions of previously executed Agreement 2000-16-173 and Addendum 2000-16-173A (see Section 3 herein), represents the entire Agreement between the CITY and DOT regarding this project. Any subsequent change or modification to the terms of this Addendum will be in the form of a duly executed amendment to this document. 8 IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 2000-16- ] 73B as of the date shown opposite its signature below. CITY OF lOW A CITY: BYÞ~ d?-. -Date Auqust 3 ,200..L. Mayor I, Marian K. Karr , certify that I am the Clerk of the CITY, and that , who signed said Addendum for and on behalf of the CITY was duly authorized to execute the same on the 3 rd day of Auqust , 200...L. Signed: ~~;"'-7",,~ k. ~AA) City erk of Iowa City, Iowa. ~~, City Atto ney's Office fd"(~ lOW A DEPARTMENT OF TRANSPORT A nON: By: )'2.~ C Kav.i~ Date ~-/0 ,2001-, Richard Kautz District Engineer District 6. 9 '~f~'+*2i:{:tls;~~lJ~¥'Zi10%lf¡$lJfr~\\?;j~IZIf;~II~{{~£;;¿*ft1~i~~t;~%!v,Q:¿(¡;t:i)i*$~}ff§¡j{:\\v:ýljV;0tg;~~>Y~~tYIR%*%{+~t1i;} t<¡L'{'''Û»'"<''''','' """"',;-Y","'>",-?>,;-://""'''''''''''''' """"'u""""",,,,,,,'," ',"",/",'",u", ',/ ,,,,,,, ',' ","" "\"'", ,"," \u''', "U','u"'"',,,'" ',',u'"u",U,",u",'", "~',"'>;;",u ,',',' Y;0ßiiFt" ;'pj£:-< ',:-> , , ,","u' ¡\}\"<:"" EXH,BlT A i\""j- EM P"'4",,1: ¡¡i{,;:J};:" , ij' , f/' 1 lY;'/'>" ~,:ë:Ú;"::;:>" :,' ,,', ""'''J'«'-''''''''~É,';''':;'''''''''''''»'',^'u" " " . 1\ , I ¡s¡ A " " u",>" ,,' Il . ,¡ ... ..+' ',A §" ~ '" " ,. ¡O Table 1 STORM SEWER ITEMS (SHARED (74% CITY) STORM SEWER ITEMS (100% CITY) 216 LF, 18",2000 D Storm Sewer Pipe (Line 6) 56 LF, 15", 2000 0 Storm Sewer Pipe (Line 1) 244 LF, 18",2000 D Storm Sewer Pipe (Line 7) 38 LF, 15", 2000 D Storm Sewer Pipe (Line 2) 65 LF, 18", 2000 D Storm Sewer Pipe (Line 9) 69 LF, 15",2000 D Storm Sewer Pipe (Line 3) 138 LF, 18",2000 D Storm Sewer Pipe (Line 11) 65 LF, 15",2000 D Storm Sewer Pipe (Line 4) 28 LF, 18", 2000 D Storm Sewer Pipe (Line 14) 25 LF, 15",2000 D Storm Sewer Pipe (Line 12) 130 LF, 18",2000 D Storm Sewer Pipe (Line 15) 101 LF, 18", 2000 D Storm Sewer Pipe (Line 13) 46 LF, 18",2000 D Storm Sewer Pipe (Line 16) 42 LF, 15",2000 D Storm Sewer Pipe (Line 23) 252 LF, 15",2000 D Storm Sewer Pipe (Line 26) 23 LF, 15",2000 D Storm Sewer Pipe (Line 24) 133 LF, 15", 2000 D Storm Sewer Pipe (Line 28) 47 LF, 15",2000 D Storm Sewer Pipe (Line 38) 199 LF, 18",2000 D Stonm Sewer Pipe (Line 29) 50 LF, 15",2000 D Stonm Sewer Pipe (Line 39) 6 LF, 18",2000 D Stonm Sewer Pipe (Line 32) 36 LF, 15",2000 D Storm Sewer Pipe (Line 41) 47 LF, 18",2000 D Storm Sewer Pipe (Line 33) 70 LF, 15", 2000 D Storm Sewer Pipe (Line 42) 161 LF, 24", 2000 D Storm Sewer Pipe (Line 34) 25 LF, 15", 2000 D Storm Sewer Pipe (Line 56) 209 LF, 15",2000 D Storm Sewer Pipe (Line 43) 37 LF, 15", 2000 D Storm Sewer Pipe (Line 57) 269 LF, 15", 2000 D Storm Sewer Pipe (Line 44) 162 LF, 24", 2000 D Storm Sewer Pipe (Line 79) 269 LF, 18", 2000 D Storm Sewer Pipe (Line 46) 123 LF, 24", 2000 D Storm Sewer Pipe (Line 80) 169 LF, 18", 2000 D Storm Sewer Pipe (Line 48) 71 LF, 48", 2000 D Storm Sewer Pipe (Line 81) 78 LF, 15",2000 D Storm Sewer Pipe (Line 50) 34 LF, 12",2000 D Storm Sewer Pipe (Line 86) 86 LF, 15",2000 D Storm Sewer Pipe (Line 51) 43 LF, 12",2000 D Storm Sewer Pipe (Line 87) 70 LF, 24", 2000 D Storm Sewer Pipe (Line 52) 42 LF, 12",2000 D Storm Sewer Pipe (Line 88) 78 LF, 15", 2000 D Storm Sewer Pipe (Line 53) 34 LF, 15", 2000 D Storm Sewer Pipe (Line 95) 86 LF, 18", 2000 D Storm Sewer Pipe (Line 54) 38 LF, 15", 2000 D Storm Sewer Pipe (Line 96) 46 LF, 24", 2000 D Storm Sewer Pipe (Line 58) 52 LF, 15", 2000 D Storm Sewer Pipe (Line 97) 72 LF, 48", 2000 D Storm Sewer Pipe (Line 59) 28 LF, 15",2000 D Storm Sewer Pipe (Line 98) 101 LF, 36", 2000 D Storm Sewer Pipe (Line 65) 37 LF, 12",2000 D Storm Sewer Pipe (Line 99) 66 LF, 36", 2000 D Stonm Sewer Pipe (Line 66) 28 LF, 15",2000 D Storm Sewer Pipe (Line 106) 377 LF, 15",2000 D Stonm Sewer Pipe (Line 72) 45 LF, 15",2000 D Storm Sewer Pipe (Line 107) 60 LF, 15",2000 D Stonm Sewer Pipe (Line 73) (12) RA-40 Intakes (No's 1,2, 3, 14,23,24, 38, 39,41,42, 97, 99) 73 LF, 48", 2000 D Storm Sewer Pipe (Line 75) (3) RA-41 Intakes (No's 15, 86, 96) 41 LF, 15", 2000 D Storm Sewer Pipe (Line 84) (5) RA-43 Intakes (No's 12,13,56,57,87) 66 LF, 15", 2000 D Storm Sewer Pipe (Line 90) (1) RA-61 Intakes (No's 79) 68 LF, 15",2000 D Storm Sewer Pipe (Line 91) (7) RA-50 Utility Accesses (No's 4,40,80,88,95,98,107) 312 LF, 15", 2000 D Storm Sewer Pipe (Line 101) 227 LF, 18", 2000 D Storm Sewer Pipe (Line 102) Estimated Total $111,212 28 LF, 24", 2000 D Stonm Sewer Pipe (Line 104) 100% CITY 252 LF, 15",2000 D Stonm Sewer Pipe (Line 108) 210 LF, 15", 2000 D Storm Sewer Pipe (Line 111) 203 LF, 15",2000 D Storm Sewer Pipe (Line 112) 44 LF, 15", 2000 D Storm Sewer Pipe (Line 113) 22.5 LF, 48", 2000 D Stonm Sewer Pipe (Line 121) (1) RA-49 Utility Accesses (No's 34) (3) RA-50 Utility Accesses (No's 11, 16, 85) (5) RA-50 MOD Utility Accesses (No's 59, 65, 66, 75, 82) (1) 18" Concrete Aprons (17) (1) 36" Concrete Aprons (67) (3) 48" Concrete Aprons (60, 76, 121) Estimated Total $290,373 74% CITY $214,876 26% DOT $75,497 11 Table 2 ROADWAY ITEMS (100% CITYI N. Governor 109+98 to 112+00 & Prairie Du Chien 123+67 to 125+561 26 CY, EXCAVATION, CLASS 10, ROADWAY & BORROW 57 CY, TOPSOIL, FURNISH AND SPREAD 2 STA, SPECIAL COMPACTION OF SUBGRADE 144 CY, MODIFIED SUBBASE 4 STA, SHOULDER FINISHING, EARTH 604 SY, STD OR SLIP FORM PCC PVMT, CLASS C, CLASS 3 DURABILITY, 10 IN 4 EACH, REMOVAL OF SIGN 332 LF, SUBDRAIN, LONGITUDINAL, (SHOULDER) 4 IN. DIA. 535 SY, REMOVAL OF PAVEMENT 76 SY, REMOVAL OF SIDEWALK 130 SY, DRIVEWAY, PCC, 6 IN. 65 SY, DRIVEWAY, PCC, 81N. 128 SY, REMOVAL OF PAVED DRIVEWAY 7.75 SF, TYPE A SIGN, SHEET ALUMINUM 4.58 STA, PAINTED PAVEMENT MARKINGS, DURABLE 2 EACH, POST, STEEL, AS PER PLAN 50 TON, GRANULAR SURFACING, TEMPORARY 31 SQ, SODDING 19 MGAL, WATERING SOD / SPECIAL DITCH CONTROL / SLOPE PROTECTION N. Governor St: $38,932 Prairie Du Chien Rd: $740 Estimated Total $38,932 100% CITY Table 3 LIGHTING ITEMS (CITY ONL YI 45 EACH, LIGHTING POLE 13,400 LF, ELECTRICAL CIRCUITS 3 EACH, HANDHOLE AND JUNCTION BOXES 3 EACH, CONTROL CABINET Estimated Total $215,400 100% CITY 12 Table 4 WATER MAIN (CITY ONLY) 9 EACH, RELOCATE FIRE HYDRANT 10 EACH, GATE VALVE AND VALVE BOX, 6 IN. 8 EACH, GATE VALVE AND VALVE BOX, 8 IN. 2 EACH, GATE VALVE AND VALVE BOX, 10 IN. 33 EACH, GATE VALVE AND VALVE BOX, 12 IN. 25 EACH, FIRE HYDRANT ASSEMBLIES 13 EACH, REMOVAL OF FIRE HYDRANT 390 LF, WATER MAIN, DUCTILE IRON, 6 IN. 1,135 LF, WATER MAIN, DUCTILE IRON, 81N. 110 LF, WATER MAIN, DUCTILE IRON, 10 IN. 8,000 LF, WATER MAIN, DUCTILE IRON, 12 IN. 8,461 LB, WATER MAIN FITTING 1,946 LF, WATER MAIN, REMOVE AS PER PLAN 469 LF, WATER SERVICE PIPE, COPPER, 1 IN. 75 LF, WATER SERVICE PIPE, COPPER, 2 IN. 3 EACH, TAPPING VALVE AND SLEEVE, 6 IN. 32 EACH, WATER SERVICE CONNECTION, 1 IN. 4 EACH, WATER SERVICE CONNECTION, 2 IN. 700 LF, WATER SERVICE PIPE, COPPER, 11N. (BORED) 70 LF, WATER SERVICE PIPE, COPPER, 21N. (BORED) Estimated Total $570,253 100% CITY Tabl e 5 SANITARY SEWER & FORCE MAIN (CITY ONLY) 2 EACH, MANHOLE, SANITARY, 48 IN. 6 EACH, MANHOLE, SANITARY, 60 IN. 1 EACH, MANHOLE, SANITARY (PVC LINED), 60 IN. 1 EACH, MANHOLE, SANITARY (PVC LINED WITH TEMPORARY DROP), 60 IN. 8 EACH, MANHOLE, SANITARY (REMOVE AND REPLACE), 481N. 5 EACH, SEWER, SANITARY SERVICE REPAIR 149 LF, SEWER, SANITARY REPAIR (DIP), 8 IN. 585 LF, SEWER, DUCTILE IRON FORCE MAIN, 61N. 384 LF, SEWER, SANITARY (DIP), 24 IN. 1,427 LF, SEWER, SANITARY (RCP CLASS IV LINED), 24 IN. 195 LF, SEWER, SANITARY (RCP CLASS V LINED), 24 IN. 142 LF, SEWER, SANITARY, PVC TRUSS, 12" DIA 74 LF, BORING AND STEEL CASING PIPE, 18 IN. DIA (0.312 IN. WALL THICKINESS) 191 LF, BORING AND STEEL CASING PIPE, 24 IN. DIA (0.375 IN. WALL THICKINESS) 248 LF, BORING AND STEEL CASING PIPE, 36 IN. DIA (0.375 IN. WALL THICKINESS) Estimated Total $400,615 100% CITY 13 - Table 6 SIDEWALK, PCC, (CITY ONLY) 41N. 61N. 110+00 Lt to 112+00 Lt 36+22 Lt to 46+50 Lt 110+17 Rt to 112+00 Rt 46+84 Lt to 56+95 Lt 112+00 Rt to 114+17 Rt 70+82 Lt to 75+85 Lt 33+14 Rt to 35+02 Rt 76+43 Lt to 79+55 Lt 35+50 Rt to 57+38 Rt 147+05 Rt to 147+47 Rt Estimated Total 2,500 SY 175+15 Rt to 175+46 Rt Estimated Total $80,000 175+12 Lt to 175+47 Lt 123+67 Rt to 125+56 Rt 124+04 Lt Estimated Total 1,645 SY Estimated Total $44,415 Estimated Grand Total $124,415 100% CITY Table 7 Table 8 OTHER ITEMS ISHARED-23% LANDSCAPING 1100% CITY) CITY) 1 LS, LANDSCAPING PCC PAVEMENT SAMPLE 44.52 MGAL, WATER FOR PLANTS FIELD OFFICE CONSTRUCTION SURVEY Estimated Total $97,291 TRAFFIC CONTROL 100% CITY FLAGGERS MOBILIZATION Estimated Total $517,600 23% CITY $119,048 77% DOT $398,552 14 17 STAFF ACTION NO: ADDENDUM TO COOPERATIVE AGREEMENT 2000-16-173 i Johnson Iowa City STP-I-5(69)--2C-52 2000-16-173B This Addendum, is entered into by and betw en the Iowa Department of Transportation, hereinafter designat the "DOT", and the ty ofIowa City, Iowa, hereafter designated the "CITY" in accordanc with 761 Iowa A ministrative Code Chapter 150 and Iowa Code sections 28E.l2 and 306A; WITNESSETH; that WHEREAS, the DOT propo to establish or improve an extension of Primary Road No.1 as a controlled access facility 'n Johnson County, Iowa; and are willing to jointly participate in said project, in WHEREAS, this Add rrent concept of this project which is subject to modification by the DOT; 1. The DOT will esign, let and inspect constructio of the below described project in accordance wi the project plans and DOT stan d specifications. (As agreed previously- e Section 3 below- said design is being ccomplished by an engineering consultant u er contract by the CITY for which the CIT will receive credit for 100% of the actua cost of these design engineering services wit 'n the cost-sharing for this project.) The proposed project will provide for a three-lane cross-secÌ1 n on Iowa I (North Do ge Street) within the CITY from the north end of the Iowa I Governor Street! D dge Street one-way pair northeasterly to the CITY's recently completed project a Scott Boulevard. A four-lane cross-section will be constructed from the CITY's cott Boulevard project northeasterly to 1-80. The south interchange ramps at odge Street and 1-80 will be re-aligned and signalized (see Exhibit A attached). Temporary pavement will be constructed at the north ramps at Dodge Street and 1- 1 - "--- 80 interchange to facilitate traffic staging for this project. The project is currently estimated to cost $7,682,600. The project will also include the following side street improvements and adjustments: · North Governor Street will be re-graded and reconstructed from 141.45 feet south to 251.52 feet north of the centerline of Dodge Street at project cost and from 251.52 feet north to 453.52 feet north of the centerline 0 Dodge Street at 100% CITY cost. The cost of this 100% CITY construction is esti ated to be $38,192. An itemized listing of roadway items to be constructed at 10000 CITY cost is included in Table 2 which is attached ereto and by this reference ma e part hereof. · North Summit Stre t will be reconstructed fro North Dodge Street to 102.44 feet south ofthe centerlin of North Dodge Street a project cost. · Prairie Du Chien Roa will be reconstructed om North Dodge Street to 346.12 feet north of the centerline 0 North Dodge Stre at project cost. Sidewalk and driveway construction extending m e than 346.12 et north of the centerline of Dodge Street shall be at 100% CITY cos The cost of is 100% CITY construction is estimated to be $740. An itemized listing frOad~ items to be constructed at 100% CITY cost is included in Table 2 which i ttache hereto and by this reference made part hereof. · St. Mathias Alley will be recon c d from North Dodge Street to 199.60 feet north of the centerline of North Dodge eet, all at proj ect cost. · Conklin Lane and Dubuque Ro will be realigned to a common intersection with North Dodge Street/Iowa 1 an rec nstructed from 233.29 feet south to 289.90 feet north of the centerline ofNort Dodg Street, all at project cost. · The connection of Dodge St eet Cou to North Dodge Street/Iowa 1 will be closed and Dodge Street Court wi be reconst cted to connect to the cemetery access road to the south of the current' tersection of odge Street Court and North Dodge Street. Dodge Street Court will e reconstructed om approximately 204 feet northwest of the centerline of recon ructed Conklin L e as measured along the Dodge Street Court centerline to ap oximately 51 feet so heast of the centerline of reconstructed Conklin Lane all at pr j ect cost. · Bristol Drive will be econstructed crom North dge Street to 99.72 feet north of the centerline of North odge Street all at project cost. · North Dubuque R ad will be reconstructed crom rth Dodge Street to 277.45 feet north of the cente ine of North Dodge Street all at pro ct cost. · ACT Circle will e reconstructed from North Dodge Str t to 168.18 feet north of the centerline ofN h Dodge Street all at project cost. 2. Upon completion f construction, the CITY agrees to accept owne hip and jurisdiction of the above re~ renced side street improvements located within C Y jurisdiction as well as any drai age structures located outside of the primary highway rig of way limits and which wer constructed as part of said improvement (if any). The CI shall also assume respon . ility for all future maintenance operations associated therewith, all at no additional expense or obligation to the DOT. 2 ... ___ ..·.··0_._._..- ___.>h Special Provisions 3. The CITY and DOT previously entered into the following documents for the above referenced proj ect: A. Agreement 2000-16-173, for project funding and construction, was signed by the CITY and DOT on December 19 and 22, 2000 respectively; and B. Addendum 2000-16-173A, for revision of proj ct funding and scheduling, was signed by the CITY and DOT on January 2 and 28, 2002 respectively, Said Addendum also rovides for 100% of the co of design engineering services to be credited towar the CITY's share of the roject cost (see details in Section 9 herein). 4. Iowa 1 through-traffic will be aintained durin the construction period. 5. In accordance with 761 Iowa A inistrativ Code Chapter 150.3(l)d, the CITY's share of project construction costs will 'nelude 7 % percent of the actual cost for longitudinal and outlet storm sewer as shown y pro' ct records. The total cost of the longitudinal and outlet storm sewer installatio IS stimated to be $293,935 ($76,423 DOT and $217,512 CITY). In addition, storm e er constructed as part of CITY-only work will be paid 100% by the CITY. The total co of the CITY-only storm sewer system is estimated to be $132,157. The CITY's actu hare for storm sewer will be based upon actual quantities in place and unit prices co tained in the approved contract. 6. New lighting to be accomp shed as part ofth project shall be provided under guidelines established in 761 Iowa dministrative Cod Chapter 150. Lighting installations are ineluded in this proj ect a the specific request 0 the CITY. Said lighting is estimated to cost $216,500. The CIT 's share of project con truction costs will include 100% of the cost of said lighting al at no cost to the DOT. T e CITY shall accept ownership of and responsibility for fut e energy and maintenance sts of those lighting units which lie within the CITY's c rporate boundaries. Those I ting units located outside of the CITY at corporatio line primary highway junctions all be owned and operated by the DOT. The CITY' actual share for lighting will be b ed upon measured quantities in place and unit p ces as contained in the approved c tract. An itemized listing of lighting items to e constructed at 100% CITY cost is c tained in Table 3 which is attached hereto d by this reference made part hereof. 7. In accordance th 761 Iowa Administrative Code Chapter 150.4 or cause to be ade all adjustments of water and sanitary sewer ilities necessary to accommodate construction of this project all at no cost or obligation the DOT. The cost of the water and sanitary sewer work that will be ineluded in t . construction 3 .._- - project is estimated to be $970,868 ($570,253 water and $400,615 sanitary sewer). The CITY's share of the project construction costs will include 100% of the actual cost of these utility adjustments based upon actual quantities in place and unit prices as contained in the approved contract. An itemized listing of water and sanitary sewer utility items to be constructed at 100% CITY cost is containe.d in Tables 4 and 5 which are attached hereto and by this reference made part hereof. ! 8. Existing sidewalk disturbed as part of this project sha)1 be reconstructed at DOT cost. Construction of new sidewalk where none existed prio 'to construction shall be at the cost of the CITY. The cost of the new sidewalk constructi n is estimated to be $124,415. The CITY's actual share new sidewalk will be bas tl upon measured quantities in place and unit prices as con ained in the approved ontract. An itemized listing of new sidewalk locations and e timated quantities is ontained in Table 6 which is attached hereto and by this referenc made part hereof. 9. Special landscaping will be onstructed i conjunction with this project at 100% CITY cost. The cost of this special dscapin is estimated to be $97,291. The CITY's actual cost for special landscaping II be b ed upon measured quantities in place and unit prices as contained in the app ved ontract. An itemized listing of these landscaping items is contained in Table 7 w ic is attached hereto and by this reference made part hereof. 10. The cost of granular backfill p ce in conjunction with the storm sewer, sanitary sewer and municipal water system for t . s project will be shared according to a pro-rata determination based on esti ted plan quantities. The pro-rata share has been determined to be 58% CITY and 42% OT. Fina cost responsibility will be determined by actual total quantity placed, th accepted bi price and the pre-determined pro-rata share. Granular backfill is esti ted to cost $10 ,432 ($43,021 DOT, $59,411 CITY). 11. Construction items ge rally related to the ontract (e.g. mobilization, traffic control) that are not assignable t CITY or STATE ill ividually shall be shared 23% CITY177% STATE. The cost of. these items is estimate to be $517,600 ($398,552 DOT, $119,048 CITY). The CITY' actual cost for these cons ction items will be based on 23 % of the bid prices for sam as contained in the appro d contract. An itemized listing of these items is included n Table 8 which is attached ereto and by this reference made part hereof. 12. Authorization 0 federal STP funds plus 20% local m tch for design engineering services as provided in Section 3 above shall be limited to a tal of $910,979. The remaining $158,975.64 f federal STP funds programmed for . s project shall be used for construction f this project and credited to the CITY's s e of costs. Any necessary design engin ering costs beyond the $910,979 authorized sh be approved by the DOT prior to com encing work and shall be reimbursed to the CIT y the DOT upon receipt of a proper! documented billing. ~ 13. The DOT will inspect (with CITY/CITY Consultant assistance a and " , " , 4 administer the construction project and shall pay the contractor according to normal billing procedures. Upon completion of construction and receipt of a properly documented billing, the CITY shall reimburse the DOT for all costs attributable to the CITY under the provisions of this and previous documents referenced in Section 3 herein that exceeds $1,069,954.64 (design engineering services plus $158,975.64 federal STP for construction). A summary of the current estimate of CITY costs is below: Total DOT City Description Est. Cost Share Share N. Governor St. & Prairie Du Chien Rd 100% CITY (Sec 1) $ 38,932 $ 0 $ 39,932 Storm Sewer (Section 5) $ 293,935 $ 75,497 $ 214,876 Storm Sewer, 100 % CITY (Sec 5) $ 132,157 $ 0 $ 132,157 Lighting (Section 6) $ 216,500 $ 0 $ 216,500 City-owned Utilities (Section 7) $ 970,868 $ 0 $ 970,868 Sidewalk (Section 8) $ 124,415 $ 0 $ 124,415 Landscaping (Section 9) $ 97,291 $ 0 $ 97,291 Granular Backfill (Section 10) $ 102,432 $ 43,021 $ 59,411 Gen. Construction Items (Sec 11) $ 517.600 $ 398.552 $ 119.048 TOTAL $ 2,494,130 $ 517,070 $ 1,974,498 14. For situations where the CITY has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project area: If after the date of this Addendum the FIS is modified, amended or revised in an area affected by the project, the CITY shall promptly provide notice of the modification, amendment or revision to the DOT. For situations where the CITY does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project area: If after the date of this Addendum the CITY does adopt an FIS in an area affected by the project, the CITY shall promptly provide notice of the FIS to the DOT. General Provisions 15. The DOT will bear all costs except those allocated to the CITY under other terms of this Addendum and the unaffected provisions of previously executed documents (see Section 3 herein). 16. The CITY, in cooperation with the DOT, will take whatever steps may be required to legally establish the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code sections 313.21 and 364.15. 17. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval ofthe DOT. 5 18. Also as part of the project, it may be necessary to temporarily close various local CITY streets and/or alleys during portions of said project. If temporary closures are necessary, the DOT will furnish and install the required road closure barricades and signing at project cost and shall remove same upon completion of the project also at no expense or obligation to the CITY. The DOT will work in close cooperation with the CITY and the contractor to accommodate fire protection and local access across the project during construction. - 19. In the event this proj ect is financed with federal funds)he CITY will take whatever action may be necessary to comply with applicable fe<j.éral laws and regulations which includes but is not limited to Title 23 CFR (Code of Fe,geral Regulations). , 20. Future maintenance of the rimary highway within the project area will be carried out in accordance with the tenus d conditions contai ed in 761 Iowa Administrative Code Chapter 150. 2!. New traffic signal constructio which may b accomplished (within this project area) as part of or incident to this proj ct shall be rovided under guidelines established in 761 Iowa Administrative Code C pter 15 . The DOT shall construct traffic signal installations all at no cost to the ITY. f constructed, the CITY shall accept ownership of and responsibility for future en rgy d maintenance costs of those traffic signal units which lie within the CITY's corp e boundaries. Those traffic signal units which lie outside of the CITY shall be 0 d and operated by either the DOT or the County depending on their location. 22. Any costs incurred by the CIT in p fonuing its obligations hereunder will be borne exclusively by the CITY with t reimbu sement by the DOT. 23. A. On intersecting p 'mary highways t signalized intersections, parking will be prohibited a dist ce of 20 feet in ad nce of the near sidewalk or traffic-control signal and a di ance of 20 feet bey d the far sidewalk. At non-signalized intersections, p rking will be prohibited 55 feet in advance of the near sidewalk and 22 feet be nd the far sidewalk. B, On minor si streets controlled with stop s s, with two through lanes and two parking lane (parallel or diagonal), parking ill be prohibited a distance of 35 feet in adv ce of the near sidewalk or stop si and a distance of 35 feet beyond the far sid walk n minor side streets contr led with stop signs, with four through I and two parallel or diagonal p king lanes, parking will be prohibited a distance of 35 feet in advance of the ne sidewalk or stop sign and a distance of 20 feet beyond the far sidewalk. C. On minor side streets with traffic control signals, with tw 6 parallel parking lanes, parking will be prohibited a distance of 20 feet in advance of the near sidewalk or traffic signal and a distance of 35 feet beyond the far sidewalk. On minor side streets with four through lanes and parallel or diagonal parking lanes, parking will be prohibited a distance of 20 feet in advance of the near sidewalk or traffic signal and a distance of 20 feet beyond the far sidewalk. D. If not already covered by an existing ordinance, the parking restrictions listed above will be outlined in a new ordinance which Will be enacted by the CITY. The new ordinance would go into effect no later thaþ such time as the proj ect is completed and opened to through traffic. Parking s)'lall be prohibited along Iowa 1, within the proj ect limits. / 24. Subject to the provisions here f, the CITY in accordan e with 761 Iowa Administrative Code sections 150.3(I)c and 0.4(2) will remove or cause to be removed (within the CITY proj ect limits) all encroa hments or obstructi s in the existing primary highway right of way. The CITY will al 0 prevent the erect" n and/or placement of any structure or obstruction on said right of y or any additi al right of way which is acquired for this project including but not Ii ited to pri va signs, buildings, pumps, and parking areas. 25. Subject to the approval of and with ut exp se to the DOT, the CITY agrees to perform or cause to be performed all relocati ns, terations, adjustments or removals of existing utility facilities within the CITY, inc u ng but are not limited to power, telephone and telegraph lines, fiber optics lines, nat al gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm wat r intakes, sanitary sewers, and related poles, installations and appurtenances, w the privately or publicly owned, and all parking meters, traffic signals and other [; cilitie or obstructions which are located within the limits of an established street or lley an which will interfere with construction of the project and the clear zone, as pr vided in C apter 761 Iowa Administrative Code section 150.4(5) and in accordance ith the UtI ity Accommodation Policy of the DOT referenced therein. 26. With the exception of servo e connections no n w or future utility occupancy of project right of way, nor any futu e relocations of or al erations to existing utilities within said right of way (except serv' e connections), will b permitted or undertaken by the CITY without the prior written pproval ofthe DOT. All ork will be performed in accordance with the Utility Accom odation Policy and other ap licable requirements ofthe DOT. 27. All storm sewers co tructed by the DOT as a p of the proj ect will become the property of the CIT , which will be responsible for t ir maintenance and operations. The CITY will not ake any connections to said storm s wers without the prior written approval of the D The CITY will prevent use of suc storm sewers as a sanitary sewer. 28. The CITY shall b responsible for providing, without cost to th OT, any right of way for the project which involves dedicated streets or alleys, and any 0 er city-owned lands, \ 7 "\ " \ , except park land, which are required for the project subject to the condition that the DOT shall reimburse the CITY for the value of improvements situated on such other city- owned lands. The CITY has apprised itself of the value of these lands, and as a portion of their participation in the project, voluntarily agrees to make such lands available without further compensation. The DOT shall be responsible for acquisition of all other right of way. 29. Structures built by the DOT over or under a primary road extension will be maintained structurally sound by the DOT, including repairs to floors anq railing and painting. For structures serving roadways whi are not on the primary oad extension system, the cleaning and removal of snow, d bris and foreign objects rom City side street traffic lanes, sidewalks or walkways with¡ the project limits incl ding pedestrian overpasses or underpasses and those associated ith bridges both ove asses and underpasses will be the responsibility ofthe CITY. 30. The CITY will comply with all rovisions of e equal employment opportunity requirements prohibiting discriminati n and requi ng affirmative action to assure equal employment opportunity as required b Iowa C e Chapter 216. No person will, on the grounds of age, race, creed, sex, color, ation origin, religion or disability, be excluded rrom participation in, be denied th be efits of, or be otherwise subjected to discrimination under any program or acti i for which State funds are used. 31. The previously executed documents ee se ion 3 herein) will remain in effect except as amended herein. 32. It is the intent that no thir party beneficiaries be created by this Addendum. 33. If any section, provision, part of this Adde urn shall be found to be invalid or unconstitutional, such find' g shall not affect the v lidity of the Addendum as a whole or any section, provision, or art thereof not found to e invalid or unconstitutional, except to the extent that the ori nal intent ofthe Addendum annat be fulfilled. 34. This Addendum may executed in two counterparts, ach of which so executed will be deemed to be an origi al. 35. ell as the unaffected provisions of p viously executed Agreement 2000-16-173 and ddendum 2000-16-173A (see Section 3 erein), represents the entire Agreement betwe n the CITY and DOT regarding this proje . Any subsequent change or modification the terms of this Addendum will be in the orm of a duly executed amendment to t S document. 8 IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 2000-16- l73B as of the date shown opposite its signature below. CITY OF lOW A CITY: By: Date ,200~. Mayor / I, , certify th~ I am the Clerk of the CITY, and that / , who signed said Addendum for an on behalf of the ,¢ITY was duly authorized to execute the ¡ / same on the _ day of , 20Ø'~ Signed: City Clerk ofIowa City, Iowa. IOWA DEPARTMENT OF TRA By: Date ,200~ Richard Kautz District Engineer District 6. 9 E~ pfY j~t:. EXHIBIT A f I ' _5?^ I ~ ~~ ,-~~-~~~~~~~~~~. ' . ..... . - ~~ ................ . . ~;0 ,~~ , ~ .' \ r .; ~ ___" \::11; ,\' . ~/ \~ ¡ --311 y< , --" -::::: I p i ~/' 1.-' ~ ~ .! ,1S1 . ¡. ; ""....., . : " . j ~ ~ / '-,_ . Î ' .' :'¡' """" .., : . ~ ~ .'< .... . ,-. -. 7 I- ,y 75ê ,-' j . I ~ .J " '" \ '\' l. · I> n", : If ;;' \ -..... ¡.;¡r: ,y.~ , ., ". " '''' 'J'ev /' ' · -;' · - -' d -" < ò'I! _. I- :: - f'¡¡; · --< ¡, '~ ' £ . -,. .~ -~ .~. . ., ~ -' '( ! ..' . . . r-~' :z.¡¡ 1-- ~ - " ... -'. -" I"IiI' ' , " "'(~ - lf~ - . ", .. ~_ 'lit ¡;¡; 'S;if¡ ......-' (J ;1= . -, ....... '" 1-. · " ~.~.., - ,- I ,~ ,~. - f;:j- j _, ! J I ." 11\. 1"l'J' · - ; _ .,..<Tf'!" I I, ,", /¡.", ~ . 1~Þ' ~ '-...... .,_ __~. .... "" I. 'If , .n ""''f,~w _" I !~. . 'E, t _J . ~. ~ "I "I ~...'~ -" ;;¡¡ 1 . .... .... 0 ~ 10 Table 1 STORM SEWER ITEMS (SHARED 174% CITY) STORM SEWER ITEMS 1100% CITY) 216 LF, 18",2000 D Storm Sewer Pipe (Line 6) 56 LF, 15",20000 Storm Sewer Pipe (Line 1) 244 LF, 18",2000 0 Storm Sewer Pipe (Line 7) 38 LF, 15",20000 Storm Sewer Pipe (Line 2) 65 LF, 18",2000 0 Storm Sewer Pipe (Line 9) 69 LF, 15",20000 Storm Sewer Pipe (Line 3) 138 LF, 18", 2000 0 Storm Sewer Pipe (Line 11) 65 LF, 15",2000 Storm Sewer Pipe (Line 4) 28 LF, 18",20000 Storm Sewer Pipe (Line 14) 25 LF, 15",20000 Storm Sewer Pipe (Line 12) 130 LF, 18", 2000 0 Storm Sewer Pipe (Line 15) 101 LF, 18",20 0 0 Storm Sewer Pipe (Line 13) 46 LF, 18", 2000 0 Storm Sewer Pipe (Line 1 42 LF, 15", 20 00 Storm Sewer Pipe (Line 23) 252 LF, 15", 2000 0 Storm Sewer Pipe (Line 6) 23 LF, 15", 2 000 Storm Sewer Pipe (Line 24) 133 LF, 15", 2000 0 Storm Sewer Pipe (Line ) 47 LF, 15", 000 0 Storm Sewer Pipe (Line 38) 199 LF, 18", 2000 0 Storm Sewer Pipe (Line 2 50 LF, 15" 2000 0 Storm Sewer Pipe (Line 39) 6 LF, 18",20000 Storm Sewer Pipe (Line 32) 36 LF, 1 ',20000 Storm Sewer Pipe (Line 41) 47 LF, 18", 2000 0 Storm Sewer Pipe (Line 33) 70 LF, ",2000 0 Storm Sewer Pipe (Line 42) 161 LF, 24", 2000 0 Storm Sewer Pipe (Line 34) 25 LF 15",2000 0 Storm Sewer Pipe (Line 56) 209 LF, 15", 2000 0 Storm Sewer Pipe (Line 43) 37 L ,15",2000 0 Storm Sewer Pipe (Line 57) 269 LF, 15", 2000 0 Storm Sewer Pipe (Line 44) 16 LF, 24", 2000 0 Storm Sewer Pipe (Line 79) 269 LF, 18", 2000 0 Storm Sewer Pipe (Line 46) 1 LF, 24", 2000 0 Storm Sewer Pipe (Line 80) 169 LF, 18",20000 Storm Sewer Pipe (Line 48) 7, LF, 48", 2000 0 Storm Sewer Pipe (Line 81) 78 LF, 15", 2000 0 Storm Sewer Pipe (Line 50) , 4 LF, 12", 2000 0 Storm Sewer Pipe (Line 86) 86 LF, 15", 2000 0 Storm Sewer Pipe (Line 51) ! 43 LF, 12", 2000 0 Storm Sewer Pipe (Line 87) 70 LF, 24", 2000 0 Storm Sewer Pipe (Line 52) 42 LF, 12", 2000 0 Storm Sewer Pipe (Line 88) 78 LF, 15", 2000 0 Storm Sewer Pipe (Line 53) 34 LF, 15", 2000 0 Storm Sewer Pipe (Line 95) 86 LF, 18", 2000 0 Storm Sewer Pipe (Line 54) 38 LF, 15", 2000 0 Storm Sewer Pipe (Line 96) 46 LF, 24", 2000 0 Storm Sewer Pipe (Line 58) 2 LF, 15", 2000 D Storm Sewer Pipe (Line 97) 72 LF, 48", 2000 0 Storm Sewer Pipe (Line 59) 2 LF, 15", 2000 0 Storm Sewer Pipe (Line 98) 101 LF, 36", 2000 0 Storm Sewer Pipe (Line 65) 37 F, 12", 2000 0 Storm Sewer Pipe (Line 99) 66 LF, 36", 2000 0 Storm Sewer Pipe (Line 66) 28 ~ ,15", 2000 D Storm Sewer Pipe (Line 106) 377 LF, 15",20000 Storm Sewer Pipe (Line 72) 45 L 15", 2000 0 Storm Sewer Pipe (Line 107) 60 LF, 15",20000 Storm Sewer Pipe (Line 73) (12) -40 Intakes (No's 1, 2, 3, 14, 23, 24, 38, 39, 41,42, 97, 99) 73 LF, 48", 2000 0 Storm Sewer Pipe (Line 75) (3) RA- 1 Intakes (No's 15, 86, 96) 41 LF, 15", 2000 0 Storm Sewer Pipe (Line 84) (5) RA-4 Intakes (No's 12, 13,56,57,87) 66 LF, 15", 2000 0 Storm Sewer Pipe (Line 90) (1) RA-61 ntakes (No's 79) 68 LF, 15",20000 Storm Sewer Pipe (Line 91 (7) RA-50 tilily Accesses (No's 4, 40, 80, 88, 95, 98, 107) 312 LF, 15",20000 Storm Sewer Pipe (Line 1) 227 LF, 18",20000 Storm Sewer Pipe (Line 02) 28 LF, 24", 2000 0 Storm Sewer Pipe (Line 04) 252 LF, 15",20000 Storm Sewer Pipe (Li 108) 210LF, 15",2000 o Storm Sewer Pipe (Li e111) 203 LF, 15",20000 Storm Sewer Pipe ( ne 112) 44 LF, 15", 2000 0 Storm Sewer Pipe (Li e 113) 22.5 LF, 48", 2000 D Storm Sewer Pipe Line 121) (1) RA-49 Utility Accesses (No's 34) (3) RA-50 Utility Accesses (No's 11, 1 (5) RA-50 MOD Utility Accesses (No's (1) 18" Concrete Aprons (17) (1) 36" Concrete Aprons (67) (3) 48" Concrete Aprons (60, 76, 12 ) Estimated Total $290,373 74% CITY $214,876 26% DOT $75,497 11 .-.-- .~ ~. _.----~-,_._...__.._- ".. Table 2 ROADWAY ITEMS (100% CITY! N. Governor 109+98 to 112+00 & Prairie Du Chien 123+67 to 125+56! 26 CY, EXCAVATION, CLASS 10, ROADWAY & BORROW 57 CY, TOPSOIL, FURNISH AND SPREAD 2 STA, SPECIAL COMPACTION OF SUBGRADE 144 CY, MODIFIED SUBBASE 4 STA, SHOULDER FINISHING, EARTH 604 SY, STD OR SLIP ORM PCC PVMT, CLASS C, CLASS 3 DURABILITY, 10 IN 4 EACH, REMOVAL OF IGN 332 LF, SUBDRAIN, LON ITUDINAL, (SHOULDER) 4 IN. DIA. 535 SY, REMOVAL OF PA EMENT 76 SY, REMOVAL OF SIDE ALK 130 SY, DRIVEWAY, PCC, 6 N. 65 SY, DRIVEWAY, PCC, 8 I 128 SY, REMOVAL OF PAVED DRIVEWAY 7.75 SF, TYPE A SiGN, SHEET LUMINUM 4.58 STA, PAINTED PAVEMENT ARKINGS, 2 EACH, POST, STEEL, AS PER LAN 50 TON, GRANULAR SURFACING, TEMPO 31 sa, SODDING 19 MGAL, WATERING SOD I SPECI~ DI CH CONTROL / SLOPE PROTECTION N. Governor St: $38,932 Prairie Du Chien Rd: $740 Estimated Total $38,932 100% CITY 45 E CH, LIGHTING POLE 13, o LF, ELECTRICAL CIRCUIT 3 CH, HANDHOLE AND JUNCTI 3 ACH, CONTROL CABINET 12 .._---" -_.-- - .-.__..._.-._..._--_._.__.~_.--.- - -------- Table 4 WATER MAIN (CITY ONLY) 9 EACH, RELOCATE FIRE HYDRANT 10 EACH, GATE VALVE AND VALVE BOX, 6 IN. 8 EACH, GATE VALVE AND VALVE BOX, 8 IN. 2 EACH, GATE VALVE AND VALVE BOX, 10 I 33 EACH, GATE VALVE AND VALVE BOX, 12 25 EACH, FIRE YDRANT ASSEMBLIES 13 EACH, R OVAL OF FIRE HYDRANT 390 LF, WAT R MAIN, DUCTILE IRON, 6 IN. 1,135 LF, WA ER MAIN, DUCTILE IRON, 8 110 LF, WATE MAIN, DUCTILE IRON, 10 N. 8,000 LF, WAT MAiN, DUCTILE IRON, 2 IN. 8,461 LB, WATE MAIN FITTING 1,946 LF, WATE MAIN, REMOVE AS ER PLAN 469 LF, WATER S RVICE PIPE, COP ER,1IN. 75 LF, WATER SE fJlCE PIPE, COP ER,2 IN. 3 EACH, TAPPING LVE AND S EVE, 6 IN. 32 EACH, WATER S VICE CO ECTION, 1 IN. 4 EACH, WATER SER ICE CO NECTION, 2 IN. 700 LF, WATER SERVI E PIP ,COPPER, 1 IN. (BORED) 70 LF, WATER SERVIC PI , COPPER, 2 IN. (BORED) Estimated Total $570,253 100% CITY Tabl e 5 2 EACH, MANHOLE, S ITARY, 48 IN. 6 EACH, MANHOLE, S NITARY, 60 IN. 1 EACH, MANHOLE, ANITARY (PVC LINED), 60 I 1 EACH, MANHOLE, SANITARY (PVC LINED WITH MPORARY DROP), 60 IN. 8 EACH, MANHOL ,SANITARY (REMOVE AND REP CE), 48 IN. 5 EACH, SEWER, ANITARY SERVICE REPAIR 149 LF, SEWER, ANITARY REPAIR (DIP), 8 IN. 585 LF, SEWER, UCTILE IRON FORCE MAIN, 6 IN. 384 LF, SEWER SANITARY (DIP), 24 IN. 1,427 LF, SEW R, SANITARY (RCP CLASS IV LINED), 24 195 LF, SEWE ,SANITARY (RCP CLASS V LINED), 24 IN. 142 LF, SEW R, SANITARY, PVC TRUSS, 12" DIA 74 LF, BORI G AND STEEL CASING PIPE, 18 IN. DIA (0.312 I . WALL THICKINESS) 191 LF, 80 ING AND STEEL CASING PIPE, 24 IN. DIA (0.375 I . WALL THICKINESS) 248 LF, 8 ING AND STEEL CASING PIPE, 36 IN. DIA (0.375 IN. WALL THICKINESS) d Total $400,615 100% CITY 13 ..~.- . -'--'--~-"-"~-"-------- ----~-^ - -..--.--..-.-....-.....-...-.-.-......- --- ---.....- Table 5 SIDEWALK, PCC, (CITY ONLY) 41N. GIN. 110+00 LI to 112+00 LI 36+22 LI to 46+50 LI 110+17 Rtto 112+00 Rt 46+84 LI to 56+95 LI 112+00 Rtto 114+17 Rt 70+82 LI to 75+85 LI 33+14 Rt to 35+02 Rt 76+43 LI to 79+55 LI 35+50 Rt to 57+38 Rt 147+05 Rt to 147+47 Rt Estimated Total 2,500 SY 175+15 Rt to 175+46 Rt . Estimated Total $80,000 175+12 LIto 175+47 LI \ 123+67 Rt to 125+56 Rt 124+04 LI Estimated Total 1,645 SY Estimated Total $44.415 $124,415 Table 7 Table 8 OTHER ITEMS {SHARED-23% CITY) 1 LS, LANDSCAPING PCC PAVEMENT SAMPLE 44.52 MGAL, WATER FOR PLA FIELD OFFICE CONSTRUCTION SURVEY TRAFFIC CONTROL FLAGGERS MOBILIZATION Estimated Total $517,600 23% CITY $119,048 77% DOT $398,552 14 .~_..- - - -....._-_.._...__...._._--_.,--_._._..._.,-~. ----_.,_.~-_._~-,,- '--'---""'----'---'---"--"