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Home My WebLink About2004-10-05 Resolution Î\1 ì F' ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 04-268 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Pennit 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: Bonehead's - 212 S. Clinton Street Passed and approved this 5th day of Oc:tnhf'r ,20~. 1£./ t/. ~¿.- YOR Approved by ATTEST: ~4V" R. ..I(.a,þ't/ ~~ 1z/~~/o:5 CI LERK Ci(y 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 (' ~ V~_i/~ L Prepared by: Steve Nasby, Comm & Econ Dev Coord, 410 E. Washington St., Iowa City, IA 52240 319-356-5248 RESOLUTION NO. 04-269 A RESOLUTION SEmNG A PUBLIC HEARING ON THE PROPOSED FIRST AMENDED NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION PLAN FOR OCTOBER 19, 2004 AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING WHEREAS, in 1994, the City Council for Iowa City, Iowa, adopted Resolution Number 94-358 approving the Near Southside Residential Urban Revitalization Plan (the "Plan'') for the Near Southside Residential Urban Revitalization Area; and WHEREAS, the Plan is current scheduled to expire in December 2004, and based on continued need and value since the adoption of the Plan, the City Council proposes to amend the Plan by extending its effective date by another ten years, to December 31, 2014; and WHEREAS, prior to amending an existing Plan, Iowa Code Chapter 404.2 requires the City Council to hold a public hearing, publish notice of same, and provide persons appearing the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing on the First Amended Near Southside Residential Urban Revitalization Plan is hereby set for October 19, 2004 at 7:00 p.m. in Emma Harvat Hall, City Hall, 410 E. 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. 2. 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 seven (7) days before said hearing. 3. A copy of the proposed First Amended Near Southside Residential Urban Revitalization Plan is hereby ordered placed on file for public inspection in the Office of Planning and Community Development. Resolution No. 04-269 Page~ Passed and approved this 5th day of October .2004. . J2?/w ;;;/ d - ---.....-.... MAYOR Approved by ~ /J¡4Md'~ 'K ~4'U I "X"'" {; ATTEST: ~. '.! "- It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ - Bailey X - Champion X - Elliott X Lehman - ~ - O'Donnell X Vanderhoef X - Wilburn - - t/\)'ì (J;J f\ v Prepared by: Ron Gaines, Civil Engineer, 410 E, Washington St., Iowa City, IA 52240, (319)356-5145 RESOLUTION NO. 04-270 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CAMP CARDINAL ROAD SITE PREPARATION 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 19th day of October, 2004, at 7:00 p.m. in the 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 5th day of October ,20 04 p~ ¿¿~ ATTEST:~~ J!. ¿d Approved ~ q/~ '" ("'7- ,~ 'Off ClERK I Y orney s Ice Pwenglreslcampcardsetph.doc 9/04 Resolution No. 04-270 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 //: [;[J Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 04-271 RESOLUTION ACCEPTING THE WORK FOR THE BROOKLAND PARK SEWER SEPARATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Brookland Park Sewer Separation Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated May 1 th, 2004, be accepted; and WHEREAS, the perfonnance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of October ,2004. _¡¡o/ß~. ~. - - ayor ATTEST: "ì\~.J ~ ~~ Citylerk crÞdcl¿f- Resolution No. 04-271 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 'v1 \ { !-I'I I]![J Prepared by: Denny Gannon, Ass\. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 04-272 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, TRAIL, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART NINETEEN B, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Windsor Ridge - Part Nineteen B, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Trail, certain sidewalk, and paving improvements for Windsor Ridge - Part Nineteen B, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. The trail traverses Outlot D east/west. Certain sidewalk is located along the east side of Brentwood Drive adjacent to the frontage of Outlot D. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 5th day of October ,2004 . ~~ 4¿. - MA R ATTEST: ~~.J ~ ~ù ~ ~/2-d Of- CI 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 X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pwenglresIWindsor 19B.doc j ~ 1 <f ~ c;.) ---= -~ £~W;t:'t ~ ...., --.~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT September 27,2004 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Part Nineteen B Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, trail, certain sidewalk, and paving public improvements for Windsor Ridge - Part Nineteen B have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving, certain sidewalk, and trail improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. The trail traverses Outlot D east/west. Certain sidewalk is located along the east side of Brentwood Drive adjacent to the frontage of Outlot D. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~ZJ:.-L Ronald R. Knoche, P.E. City Engineer pweng\letters\Windsor 19B.doc D;J Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 04-273 RESOLUTION APPROVING AMENDED BYLAWS OF THE IOWA CITY PLANNING AND ZONING COMMISSION WHEREAS, the Planning and Zoning Commission has proposed amendments to its bylaws regarding members with a conflict of interest; and WHEREAS, the Commission believes that it is important that members who have a conflict of interest remove themselves from the panel of Commissioners before such an item is discussed; and WHEREAS, the Commission believes such Commissioners should be allowed to remain in the room to observe the discussion; and WHEREAS, the proposed amendments will require that Commissioners who have a conflict of interest leave the panel of Commissioners before discussion begins and that they shall not participate in the discussion and may return to the panel after the vote; and WHEREAS, the Rules Committee of the Iowa City City Council has reviewed said bylaw amendments to the bylaws and recommended their approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The amended bylaws of the Iowa City Planning and Zoning Commission are hereby approved with the following changes to Section 10: Section 10. Conflict of Interest. A member who believes they have a conflict of interest on a matter about to come before the Commission shall state the reason for the conflict of interest, leave the fGGffi panel of Commissioners before the discussion begins, shall not participate in the discussion and may return to the panel after the vote. Passed and approved this 5th day of October , 20--º.4..-. ~~ ¿L~ MAYOR Approved by ATTEST:~.d.-) K. ~~ ~~ cr/Þ&--Þr-- éity Attorn y's Office CITY ERK ppdadm/resIPzbylaw.doc Resolution No. 04-273 .. 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 tl" -L) I ~;l4: I." Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-274 RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENT FOR INSTALLATION OF A PEDESTRIAN BRIDGE ACROSS WILLOW CREEK TO CONNECT THE WILLOW CREEK TRAIL TO THE TRAIL BEING CONSTRUCTED ON LOT 77 OF WALDEN WOOD PART 6, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. WHEREAS, it is in the public interest to acquire a permanent easement for installation of a pedestrian bridge across Willow Creek to connect the currently existing Willow Creek Trail to the trail being constructed in Lot 77, Walden Wood Part 6; and WHEREAS, the owner of the property, the Aspen Lake Condominium Association, has agreed to grant said easement without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acquisition of a permanent easement for installation of a pedestrian bridge across Willow Creek to connect the currently existing Willow Creek Trail to the trail being constructed in Lot 77, Walden Wood Part 6 hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acquisition of the easement pursuant to the terms as approved herein. Passed and approved this 5th day Of/il,ober 17: ~~/~/ ~ - ~ YOR ATTEST:~~ K~A) Approved by ~~ ;/ía1Ll' r CI LERK City Attorney's Office Resolution No. 04-274 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 N"\ J'), D!l[. L' Prepared by: Liz Osborne~ CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-275 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 435 GRANT STREET, IOWA CITY, IOWA. WHEREAS, on December 10, 2002, the owner executed a Mortgage in the amount of $551; and WHEREAS, on May 28, 2004, the owner executed another Mortgage in the amount of $678.50; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. 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 435 Grant Street, Iowa City, Iowa from two Mortgages recorded December 31, 2002, Book 3450, Page 326 through Page 330; and recorded June 9, 2004, Book 3746, Page 792 through Page 796 of the Johnson County Recorder's Office. Passed and approved this 5th day of October ,20-DL-. / ~~ - AYOR Approved by ATTEST: ~~~ ,f< ~AA~ ~~ <).. a."\ -0 'f- CIT 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 X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pprehab/res/435grant.doc Prepared by: Liz Osborne, 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 435 Grant Street, Iowa City, Iowa, and legally described as follows: Commencing at the intersection of the west line of Grant Street with the north line of Lincoln Avenue in Iowa City, Iowa, as shown on Plat of Rundell, recorded in Plat Book 1, Page 130, Plat Records of Johnson County, Iowa, thence west 135 feet, thence north 100 feet, thence east 135 feet, to the west line of Grant Street, thence south 100 feet to the point of beginning. from an obligation of the owner, Kimberly Ann Hanrahan, to the City of Iowa City in the total amount of $1,229.50 represented by two Mortgages recorded December 31, 2002, Book 3450, Page 326 through Page 330; and recorded June 9, 2004, Book 3746, Page 792 through Page 796 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. n. ~~~~. ~.J MAYOR Approved by ATTEST: ~~~ K. KævJ ~~ ?-J~'0\f. CIT LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this S day of Oc. TDREOIZ , A.D. 20 0"1 ,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. 04 - 3-75, adopted by the City Council on the 5 day trL, 20 0-4 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. ~dnC4' <ç'r-,-r -b Notary Public in and for Johnson County, Iowa ppdrehab\435grant-rel.doc ~ SONDRAEFORT ~ ~ Commission Number 159791 My Commission Expires ow . .. 7- 0 N'dèi [;[ , '¡' l." Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 04-276 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1602 NORTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, on September 7, 2001, the owner executed a Mortgage in the amount of $15,921.54; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. 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 1602 North Dubuque Street, Iowa City, Iowa from a Mortgage recorded July 25, 2002, Book 3343, Page 132 through Page 136 of the Johnson County Recorder's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA Passed and approved this 5th day of October , 20-ºL. J2/~- ~ J Ä OR ATTEST:CØéL~K) ~ K~ APpr~~ '\, ~ ~-<:J'f 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 )( Lehman x O'Donnell X Vanderhoef X Wilburn ppdrehab/res/1602 n dubuque.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 1602 North Dubuque Street, Iowa City, Iowa, and legally described as follows: Beginning at the southeast corner of Government Lot Two (2) in Section Three (3), Township Seventy- Nine (79) North, Range Six (6), West of the 5th P.M.; thence North, 38 degrees 40 minutes West, 200.6 feet; thence Southwesterly at right angles to said last mentioned course 20 feet to a point which is the point of beginning of the land herein conveyed; thence North from said point of beginning, 38 degrees 40 minutes West, 185 feet; thence in a northwesterly direction along the southwesterly line of lots fourteen (14), thirteen (13), and twelve (12) as shown by the plat of the subdivision of part of said Government Lot Two (2), recorded in Book 3 at page 100 of the plat records in the office of the Recorder of Johnson County, Iowa, to the intersection of said line with the southerly line of Lot Eleven (11) of said subdivision; thence in a southwesterly direction along the southerly line of said Lot Eleven (11) and said line extended to the center of the Foster Road as shown by the plat thereof recorded in Book 1 at page 122 of said plat records; thence Southerly along the center of said road to the south line of said Government Lot Two (2); thence in a northeasterly direction to a point on the northeasterly line of Ridge Road five (5) feet northwest of the intersection of said line with the south line of said Government Lot Two (2); thence in a northeasterly direction to the place of beginning. Also, all rights of this grantor for the purpose of constructing boat landings and a boathouse or houses and for the purpose of granting access to the Iowa River, granted in the deed from John J. Englert and wife to Maud H. Ball, recorded in Book 113 at page 320 of the Deed Records of Johnson County, Iowa. from an obligation of the owner, Dorothy M. Pownall, to the City of Iowa City in the total amount of $15,921.54 represented by a Mortgage recorded July 25, 2002, Book 3343, Page 132 through Page 136 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upoo title to the above pmperty by cea'oo of ,a;d prio, 'e'Pl. . ~d _ . ~ ~..\ AYOR APP~ ATTEST: ~ ~ ~-uJ ' ~ <; , J ~ -CJ f CI LERK City Attorney's Office STATE OF IOWA } SS: JOHNSON COUNTY On this S day of OCT'oB¡¿R.. , A.D. 20--º.1..., 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. DLj _a7þ/ adopted by the City Council on the ~ day (')cT[)p,,¡::J2 ,20 0 '1 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 þy them voluntarily executed. @ SONDRAE FORT ~. r-~-6 Commission Number 159791 My Commission Expires Notary Public in and for Johnson County, Iowa lOW 3-7-01.0 ppdrehab/1602 n dubuque.doc M.+ ~ ~ Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington St.,lowa City,IA 52240; 319-356-5243 (SUB04-OOO25) RESOLUTION NO. 04-277 RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 20A. WHEREAS, the owner, Arlington L.C., filed with the City Clerk the final plat of Windsor Ridge, Part 20A, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northwest Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89058'56"E, along the North Line of said Southeast Quarter, 616.82 feet, to the Point of Beginning; Thence continuing S89058'56"E, along said North Line, 155.07 feet, to the Northwest Corner of a Tract of land as shown on the Plat of Survey Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; Thence SOOoOO'02"W, along the West Line of said Tract of Land 326.03 feet, to the Northwest Corner of Stone Bridge Estates, Part Two, in accordance with the Plat thereof Recorded in Plat Book 44, at Page 56, of the Records of the Johnson County Recorder's Office; Thence S00029'10"E, along the West Line of said Stone Bridge Estates, Part Two, a distance of 81.88 feet, to the Northeast Corner of Windsor Ridge Part Seventeen "A", in accordance with the Plat thereof Recorded in Plat Book 45, at Page 208 of the Records of the Johnson County Recorder's Office: Thence Northwesterly, 205.54 feet, along the North Line of said Windsor Ridge Part Seventeen "A", and the North Line of Windsor Ridge Part Seventeen "B", in accordance with the Plat thereof Recorded in Plat Book 46, at Page 188, of the Records of the Johnson County Recorder's Office, on a 355.00 foot radius curve, concave Northeasterly, whose 202.68 foot chord bears N50014'45"W; Thence NOOo01 '04"E, 278.34 feet, to the Point of Beginning. Said Tract of land contains 1.27 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, said final plat and subdivision are found to confonn with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after Resolution No. 04-277 Page 2 passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved th;s 5th day of Octo'" ZL. . K,~wJ ... MAYOR Approved by ATTEST: ~:-,~~. *~ ø~ c:z¡1?dty~ CITY . ERK City Attorney's Office It was moved by 0' Donnell and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X ~~oo X B~ X ~hmM X O'Donnell X Vanderhoef X Wilburn / / (Q~.... STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: SUB04-00025 Windsor Ridqe Part 20A Date: September 16, 2004 GENERAL INFORMATION: Applicant: Arlington, LC 2346 Mormon Trek Blvd. Iowa City, IA 52246 Contact Person: MMS Consultants, Inc. 1917 South Gilbert Street Iowa City, IA 52240 351-8282 Requested Action: Approval of final plat Purpose: To create a single-lot residential subdivision Location: At York Place and Lower West Branch Road Size: 1 .27 acres Existing Land Use and Zoning: OPDH-8, Medium Density Planned Development Housing Surrounding Land Use and Zoning: North: County, Undeveloped South: OPDH-8, Medium Density Single-Family Planned Development Housing East: County, Undeveloped West: OPDH-8, Medium Density Single-Family Planned Development Housing Comprehensive Plan: 2-8 dwelling units per acre File Date: September 10, 2004 45-Day Limitation Period: October 25, 2004 BACKGROUND INFORMATION: The applicant, Arlington L.C., is requesting approval of the final plat of Windsor Ridge Part 20A, Lot 275, a resubdivision of a portion of Lot A of Windsor Ridge Part 15. This subdivision is 1.27 acres of the 31.1-acre Windsor Ridge Parts 16-20 subdivision. The preliminary plat and OPDH plan for Windsor Ridge Parts 16-20 was approved by Council on September 10, 2002. In accordance to the OPDH plan, Windsor Ridge Part 20A will allow the construction of 10 townhouse-style dwelling units. 2 ANAL YSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans and legal papers have been submitted and are being reviewed by the City Engineer and City Engineer. Prior to Council consideration of the final plat, staff must approve construction plans and legal papers. Fees are required for the improvement of Lower West Branch Road for 1.27 acres at $3,122 per acre. This should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB04-00025, a final plat of Windsor Ridge Part 20A, a 1.27-acre, single-lot residential subdivision located at York Place and Lower West Branch Road be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. DEFICIENCIES AND DISCREPANCIES: 1. Correct easement dimensions per City Engineer ATTACHMENTS: 1. Location map 2. Final plat Approved by: ~. Robert Miklo, Senior Planner, Department of Planning and Community Development CITY OF IOWA CITY- ~ I I I IL -, -." OSAlRS8 I I I ID-RS I ) /j // // I-- - :2 -1 W I-- « cr:: 0 0- cr:: RS5 RM12 0 u ("WAD! C-C' !"'ID SITE LOCATION: Yoder Place & Lower West Branch Road SUB04-00025 !.11M;. PLAT PRF.PARF.n RY . OW~ER/SUBDIVIDER: SUBDMDER'S ATrORNr.V: ....S COKSULTAN'I'S (HC. Arlinglon Development Inc. Michael J. Pugh 1917 S Gilbert 8t 1486 S. lit Ave Tower Place IOWA. CITY, IOWA, 52240 Unit A One South Gilbert Street Iowa City, Iowa 52240 Iowa City, Iowa 52240-3914 PREPARE!) BY; ..us CONSUlTANTS INC. - '917 5. GILBERT STREET - lOW'" CITY. IOWA. 522.0 - JIg J5j-IU82 Fin alP 1 at Windsor Ridge - Part Twenty "A" A Resubdivision of a Portion of Lot "A" Windsor Ridge - Part Fifleen Iowa City, Iowa NOI'th_t Com... N...'h....t eom. ~~ ~~ South....lOu",I.. s....th"".tClloart.. ~ ~ SKI.... 1-T7III\I-R5" SKU... 1-17l1l<I-11:5. 0' tho nit... P.'" 01 t"- ~¡"h P.... rM 5/8" '.P Fndl/2'P;";,,C_ _Je...., 1'00. 27$ _J7...,P_SI u_u_u_~~_ _ _ _ ~~,~., _ _ ulruL¡¡w;.~~,¡¡¡¡.Cio....:;.;::.- _ _ ~ ~~][DJ~(Q)IRJ 1RJ~~lGJlE ....,~~;;;;u_u_u+_....:u_ _ml-' : !PJfÆlPrlìf 1F~IFlnEIEIM 'Ö'lUIilL'Ö'i "/i,\" -, ø" I ' rM-.M-...._Ø IW IW Iii! 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" ~fBI" ' : . : :: ~ ~ 'f l~ ~ § ! ~ìflQ) IE ',~IÆ~'ibJ. ~f~ìf~~ : /,/ i' /' I , :: : :: § ~ ~.i [i!<; !PJfÆlPrlìf mwlÔJ I.+- ., ~IJ / :1 81: : ¡ ~ 11!!JJ/;¡:jl § JIj~I<f'\.Ar~"'A¡'''_''','' / I Þ i,lili I : I i:: ~~ II I --,,'"'1t'¡'j¡""fu~E d4;SiÛ[$ ~,~,=c,,0 I: J i ~ I ~ -r I .::¡j~ : -!PJ^lffir!lQ)lM~ _ --.-J ': I 0, I I ~IID : i I ~ : M....,,¡OM_...._Ø ILL ¡ ~ I-- --n Ii I Ø'-~lt1:fF~_ LEGEND AND NOTES ! - CONGRESSIONAl CORKER, FOUND - CONGRESSIONAL CORNER, REESTA8USHED - CONGRESSIONAl CORNER. RECOROEO LOCATION . - PROPERTY CORNER(S). FOUND (a. noted) t certify that during the month of August, 2004, at the direction of Arlington -+- 0 _ PROPERTY CORNERS SET Development !nc., 0 survey was mode under my supervision of 0 Portion of the (5/8" Iron Pin -/ 'IIIo., plOIItiç lS Cop Northwest Quarter of the Southeast Quarter of Section 7, Township 79 North, _ ";;'~~6:i;th ~;~ky UNES Range 5 West, of the Fifth Principol Meridian, Iowa City, Johnson County, - CQ.IGRESSlON: SECTION UN£S Iowa, the boundaries of which ore described os follows: W 'IE ~'..:':-=":":":"= : ~~~R~;;'~:Y UNES - lOT UNES. INTERI<IAl Commencing at the Northwest Corner of the Southeast Quarter of Section 7, ~ - lOT UNE5, PlATTED OR BY DEED Township 79 North, Range 5 West. of the Fifth Principal Meridian; Thence . =_-=_-=_-:_-=-_-=-_-=-_=-_=-_= : ~~I~~J~~¡~~SEN~~~E: ~~ ~~D S89"58'56"E, along the North line of said Southeast Quarter, 616.82 feet, to A 1111 ~ (R) - RECORDEO OIW(NS!ONS the Point of Seginning' Thence continuing S89"58'56"E along said North Line 1õI1õI__ (101) - WEASUREO OIWENSIONS 155.07 feet, to the No~thwest Corner of 0 Tract of land os shown on the Plot G~ s::':u; ~,:r C22-1 - CURVE SEGMENT NUWBER of Survey Recorded in Plot Soak 15, at Page 53, of the Records of the Johnson 1'-100' UNlESS NOTED OIMER'/IISE. AI.t DI/iIENSKJIS ARE II fUr A/C IUOIEOIHS County Recorder's Office; Thence SOO'OO'02"W, along the West Line of said ERROR Of a.OSURE IS LESS THAN 1 FOOT IN 20,000 FEET Tract of Land 326.03 feet, to the Northwest Corner of Stone Sridge Estates, Port Two, in accordance with the Plot thereof Recorded in Plot Soak 44, at Page 56, of the Records of the Johnson County Recorder's Office; Thence 500'29'10"E, along the West line of said Stone Bridge Estates, Port Two, 0 ! ~-r e...urr!toot IhitlOnd _""9 doc:um..t _ pr~ and distance of 81.88 feet, to the Northeast Corner of Windsor Ridge Port ::.=t:::k-:d-::.t"r=Clod~:::..';.,""~~'";t Seventeen "A", in accordance with the Plot thereof Recorded in Plot Sook 45, un_ I~. Ia.. Clf the $(Qt. Clf _ PLAT/PLAN APPROVED at Page 206 of the Records of the Johnson County Recorder's Office; Thence . by lhe . Northwesterly, 205.54 feet, olong the North Line of said Windsor Ridge Port Clly of Iowa Clly Seventeen "A", and the North line of Windsor Ridge Port Seventeen "S", in Q.£N o. WEISNER I....., Lie...... 11185 20_. accordance with the Plot thereof Recorded in Plot Book 46, at Page 188, of the Records of the Johnson County Recorder's Office, on 0 355.00 foot radius My I"'..... '''- dGlo it \)eçember JI, 20_. CII am Olio: curve, concov~ ~ortheosterly, whose 202.66 foot chord bears N50"14'45"W; u....... tASfUOIfS, AI _ _, .....yOlll.....y OIDr, ~~nt~~n~0~:~170~~~e~:8~:,.:ee~~ tl~st:,e :no~n\sofs~~l~n;tf~ S;~ds:~~~t~f ~o~~ ~_ 0< .....1. c....od b~ 1~" _. ::;:: ::ø~~~~=:: =~~t:'t restrictions of record ~~r~~~~~n.:~~~~~ (D....'IH~~_ooon .... iIIOAIØItANODC'TCCl l1li101: 59'td b'ror. m. ttlis ___ <laraf ____ ,20___ Cil(SY~naoos 0I1e: Nat",;-M&.~in--;;;d-ï;-¡¡;;'-Št';¡;-;¡¡;;;--- __ Pew. , . . ' ~ 9 ~M'"'' [I ~! -! J í 0' I i ¡' Final Plat M MMS CONSULTANTS, INC. m CI . (JI tII a. 0' I ..... - II (JI I 0' '" Proec:ITI~"W' d R'd P t T t "A" M JowaClyIotn. (38)35H282 .þ. 0 (JI .... "'.: In sor I ge - ar wen y , (0 , !9 _ q i 'ì' Ç) a '" A ResubdiYision of a Portion of Lot "A." Windsor Ridge _ Part f'ilteen _ <> CI\IIl ENCINEERS <> LANO SURVEYORS <> "'T' ~ ~ ~ ¡¡:: ~ Iowa Cily , Iowa :::ii <> W.lOSC~ -:;r~~g~g-ALI~~O ~ANNERS 0- C:\41Q0\414614!1\4146114!1FDWC 8/12/2004 6:08:47 AW CST N L ~ Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City,IA 52240 (319) 356-5240 (SUB04-00027) RESOLUTION NO. 04-278 RESOLUTION APPROVING FINAL PLAT OF MACKINAW VILLAGE, PART 1, IOWA CITY, IOWA. WHEREAS, the owner, Mackinaw Village, LLC, filed with the City Clerk the final plat of Mackinaw Village, Part 1, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the North Quarter Corner of Section 4, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S03°07'46"E, along the East Line of Government Lot 1 of said Section 4, a distance of 1350.07 feet, to the Southeast Corner thereof, and the Northwest Corner of Government Lot 6 of said Section 4; Thence N88042'25''E, along the North Line of said Government Lot 6, a distance of 674.32 feet; Thence SOOoOO'10"E, 517.19 feet, to the Point of Beginning; Thence continuing SOOoOO'10"E, 297.61 teet, to a Point on the Northerly Right-of-way of Foster Road; Thence S87°59'15'W, along said Right-ot-Way, 865.31 feet; Thence Northeasterly, 39.73 feet, along a 25.00 foot radius curve, concave Northwesterly, whose 35.68 foot chord bears N42°27'37"E; Thence N03°04'01'W, 371.89 feet; Thence N86055'59''E, 180.00 feet; Thence S03°04'01"E, 77.45 feet; Thence N88°02'59"E, 423.71 feet; Thence Northeasterly, 39.27 feet, along a 25.00 foot radius curve, concave Northwesterly, whose 35.36 foot chord bears N43002'59''E; Thence N88°02'59"E, 50.00 feet; Thence S01057'01''E, 50.00 feet; Thence N88002'59''E, 177.51 feet, to the Point of Beginning. Said tract of land contains 6.53 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk ot the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. 04-278 Page 2 Passed and approved this 5th day of October ,20 04 . p-~.I. ~ ~ ~ Approved by ATTEST: ~~ ~. ~ ~~ e:rh-~/ó't Citý A orney' Office CITY lERK It was moved by Champion and seconded by Ell iott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman y. O'Donnell X Vanderhoef X Wilburn ppdadminlreslmackinaw1 final plat.doc rvtJl c:J 'r l Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City,IA 52240 (319) 356-5240 (SUB04-00028) RESOLUTION NO. 04-279 RESOLUTION APPROVING FINAL PLAT OF MACKINAW VILLAGE, PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Mackinaw Village, LLC, filed with the City Clerk the final plat of Mackinaw Village, Part 2, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the North Quarter Corner of Section 4, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S03°0T46"E, along the East Line of Government Lot 1 of said Section 4, a distance of 311.18 feet, to its intersection with the Southerly Right of Way of U.S. Highway No. 80 and the Point of Beginning; Thence continuing S03007'46"E, along said East Line, 1038.89 feet, to the Southeast Corner thereof; Thence N88042'25"E, along the North Line of Government Lot 6 of Said Section 4, a distance of 674.32 feet; Thence SOOoOO'10"E, 517.19 feet, to the Northeast Corner of Mackinaw Village, Part One, in accordance with the Recorded Plat thereof; Thence S88°02'59'W, along said North Line, 177.51 feet; Thence N01 °57'01 'W, along said North Line, 50.00 feet; Thence S88002'59'W, along said North Line, 50.00 feet; Thence Southwesterly, 39.27 feet, along said North on a 25.00 foot radius curve, concave Northwesterly, whose 35.36 foot chord bears S43002'59'W; Thence S88002'59'W, along said North Line, 423.71 feet; Thence N03004'01'W, along said North Line, 77.45 feet; Thence S86°55'59"W, along said North Line, 180.00 feet, to the Northwest Corner thereof; Thence S03004'01"E, along the West Line of said Mackinaw Village, Part One, a distance of 371.89 feet; Thence Southwesterly, 39.73 feet, along said West Line, on a 25.00 foot radius curve, concave Northwesterly, whose 35.68 foot chord bears S42027'37'W, to the Southwest Comer thereof, and a Point on the Northerly Right-of-Way Line of Foster Road; Thence S87°59'15"W, along said Right-of-Way Line, 289.04 feet; Thence Southwesterly, 111.19 feet, along a 385.00 foot radius curve, concave Southeasterly, whose 110.80 foot chord bears S79042'50'W; Thence S87°59'14'W, 739 feet, more or less, to a Point on the Easterly Top of Bank of the Iowa River, as now located; Thence Northwesterly, along said Easterly Top of Bank, to its intersection with the Southerly Right- of-Way Line of U.S. Highway No. 80; Thence N890017'14"E, 1757 feet, more or less, to the Point of Beginning. Said Tract of land contains 68.71 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires ot the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. 04-279 Page 2 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open tor public access at the time of recording tor public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 5th day of October , 20....QL. £cL4J. /J.~.- AYOR Approved by ATTEST: ~ ~ ~ ~~~ ¿Y/:7-e:cldf CITY ERK 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 X Vanderhoef X Wilburn ppdadmin/reslmackinaw2 final plat.doc 0c.... STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB04-00027 and SUB04-00028 Final Plat Date: September 16, 2004 Mackinaw Village Estates, Part One and Part Two GENERAL INFORMATION: Applicant: Regency Land Company LLC 1100 Old Marina Road NE Cedar Rapids, IA 52402 Contact Person: MMS Consulants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351 8282 Requested Action: Final Plat Purpose: Development of 14-lot subdivision (Part One) and a 56-lot subdivision (Part Two) Location: North of Foster Road Size: Part One - 6.53 acres Phase Two - 68.71 acres Existing Land Use and Zoning: One single family house (to be removed) and undeveloped, SAO/RS-5 Surrounding Land Use and Zoning: North: Undeveloped - ID-RS South: Golf course -ID-RS East: Residential and undeveloped - RM- 12 and ID-RS West: Iowa River and Undeveloped - SAO/RS-5 , Comprehensive Plan: ConseNation and Cluster development 2-5 units per acre. File Date: September 7,2004 45-Day Limitation Period: October 22, 2004 60-Day Limitation Period: November 6, 2004 2 BACKGROUND INFORMATION: The Commission recommended approval of the Sensitive Areas Overlay rezoning and preliminary plat for Mackinaw Village in July. The Council approved the rezoning and preliminary plat in August. The Applicant is now seeking final plat approval for Mackinaw Village, Part One and Two. Outlots A, E and D will be final platted at a future time. ANALYSIS: The final plats are in general conformance with the approved preliminary plat. The plats do contain minor deficiencies that should be corrected prior to the Commissions vote. The City Engineer is reviewing the revised plats and may identify additional items that need to be corrected. Mackinaw Village Part One includes lots 1- 14. Lots 1-9 are intended for multi-family buildings. Lots 10-14 are single-family lots. Gravity flow sewer service is not available to lots 11-14 at this time. When the sewer line is installed at the time the land located west of Mackinaw Drive is developed, a new sanity sewer line will provide service to these four lots. Part Two includes lots 11-66. Lot 11 and lots 22-66 are standard RS-5 lots. Lots 12-22 are smaller than the minimum 8,000 square feet required by the underlying RS-5 zone. Many of these lots also do not meet the minimum 60-foot lot width. The preliminary Sensitive Areas Development Plan granted these variances from the zoning requirements but requires that the Final Sensitive Areas Development Plan demonstrate compliance with Section14-6K-1 N.3.k of the Sensitive Areas Ordincance. The referenced section discusses methods of fitting homes on smaller lots. The Final Sensitive Areas Development plan is a staff approved site plan required prior to the issuance of a building permit. Construction drawings have been submitted and are being reviewed by the City Engineer. These drawings should be approved by staff prior to City Council consideration of the final plat. Legal have been submitted and are being reviewed by the City Attorney's Office. The legal papers tor Part Two should address the maintenance of Outlot B, the conservation area that will be owned by a homeowner's association. The legal papers must be approved prior to City Council consideration of the final plat. The City has scheduled for next summer, the construction of a trail under the Interstate 80 bridge to provide access to Waterworks Park. The applicant will build a trial across Outlot C to Manitou Trail, a street within Mackinaw Village Part Two. Depending on the pace of development of individual lots and the development of Outlot E, there may be some time before the sidewalk system connects the new trail to Foster Road and the larger River Corridor Trail network. The City has requested the right to install and maintain a temporary trail to make the connection. The applicant has agreed. Specifics regarding the temporary trail should be addressed in the legal papers. A $395 per acre water main extension fee applies to this subdivision. This should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends deferral pending resolution of the deficiencies. Upon resolution of these items staff recommends approval of SUB04-00027 a tinal plat of Mackinaw Village Part One, a 6.53 acre, 14-lot residential subdivision and SUB04-00028 a final plat of Mackinaw Village Part Two, a 68.71acre, 56-lot residential subdivision located north of Foster Road subject to staff approval of construction drawings and legal papers prior to City Council consideration. 3 DEFICIENCIES AND DISCREPANCIES: 1. The note reffering to lots that will not have direct vehicular access to Foster Road should not include lot 13 but should include lot 14. 2. The 150 residential building set back for lots 36 to 42 should refer to the setback being form Interstate 80. 3. Additional items that may be identitied by the City Engineer. ATTACHMENTS: 1. Location Maps 2. Final plats . Approved by: ranklin, Director, ment of Planning and Community Development CITY OF IOWA CITY ~ - -- - - ID-RS RS5 RiVER IOWA ' " City Pork SITE LOCATION: Foster Road SUB04-00027 PART 1 Final Plat Mackinaw VillaRe - Part One E Iowa Ci y, Iowa ~ 319351-8282 ~ PLAT PRF.PA-RRO RY- !!IIŒB;. ==- S1Jßmvm~R'g ATIORNF.Y ~ ~- --~-~'-'- > WIiS CONSULTANTS INC ....ASHINGTON PARK PARTNERS REGENCY LAKD DEVELOPWENT SERVICES WICHAEL J. PUGH 8 1917 SOUTH GILBERT ST. P.O. BOX 2208 1100 OLD WARION RD NE TOWER PLACE . Ion CITY. Ion 52240 IOWA CITY, Ion 52245 CEDAR RAPIDS, Ion 52402 ONE SOUTH GILBERT STREET . AREA SUMMARY TABLE lOll. CITY, IOWA 52240-3914 '"~~ ~" GOVT. LOT 6 4.eo"C GOVT,LOT2 1.73AC '''~ 6.!>3"C U 0 -+. LEGEND AND NOTES :z: ¢~ ~ -CONGRE$5ICI'I......COANER,fOUNO :- U!o - CONGRESSION......COANER.RŒSTA8.J5I€D -CONGRES$ION......CORNER.RECOROEOLOC"TION ~oÇn~It..:~:~y.du~ttthoe =::~ .::,fs ~2~:t~n~~;..;Ia~::"'::;I~ oo~~:,~~ tl'JR'fI.I 'I" cœMER . - ~R1'f OCJIIt[Il(S). fWlC) (.. nolo<!) " 0 -~RT'fCORNERSSET :z: VlC~ Governm""l LoIs 2 ond 6,both of Section 4, To.nship 79 North. Ronllo 6 SECTIOH "-T79N-RaW (5/1·.....pw,./'IIIIo..pIoIt..LSCcIp -< ..... c-'~ Weal, of th" Fifth Prinçipol t.I.idian, 10.0 Cily, Johnson COYnly, Iowa, Ih" Œ THE 5TH 1'101 _wlth"YolS") ~ ~ ~O~ boundori..of....id1 or. d...cribod oa folio"",, FOUIoD5/s·PlIoILSCN'llð5 . -cur·1(" BOOK J6 UPAGE 126 .. - PROPERTY_/_IIOUNDARY lINES ~ Ct~ -C<JOGII£SSICINAL!i(CTIONLlNES ... \ S8i"18',0'W "!!III I!!!!!!!!I I -----"""---"- - IIIGIiT-Œ-....YUNES Comm..,Çinll at Iho North ~grt. Comer of s..:tion 4. Township 79 North. RanllO --~.5r -- u-1 1111-- ~ ----COITERLJNES Z J .~~ 6, 'Nost, 01 Ih" Fifth Prinç,pal NlII"idio"; Th"nç" 503'07'46·E, olonll Ihe Eoal .. 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Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 04-280 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2004 SANITARY SEWER REPAIR PROJECT. WHEREAS, Municipal Pipe Tool Company of Hudson, Iowa, has submitted the lowest responsible bid of $53,705 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 Municipal Pipe Tool Company, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program ståtements. 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 5th day of October ,2004. .~_//./. ~- --- YOR Approved by ATTEST: /J¡~~,k. ~ ð~ /~I >It? ~ CITY bbERK It was moved by Champion 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 X Vanderhoef X Wilburn pweng/res/2004sswrawrdcon:doc 09/04 q ADVERTISEMENT FOR BIDS 2004 SANITARY SEWER REPAIR PROJECT Sealed proposals will be received by the City Clerk of the City ofIowa City, Iowa, until 10:30 A.M. on the 5th day of October, 2004, or at a later date and/or time as determined by the Director of Public Works 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 City Engineer 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 5th day of October, 2004, or at such later time and place as may be scheduled. The Project will involve the following: 180 L.F. of 24" ø C.LP.P., 345 L.F. of 12" ø C.LP.P, 400 L.F. of 8" ø C.LP.P. Reinstatement of 25 sewer services and removal of II protruding service taps. All work is to be done in strict compliance with the plans and specifications prepared by Daniel R. Scott, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate trom the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State ofIowa, in the sum of 10% ofthe bid. The bid security shall be made pay- able to the TREASURER OF THE CITY OF lOW A CITY, lOW A, 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 maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save hannless the City trom all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) trom and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: June 30, 2005 Liquidated Damages: $400 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of City Engineer, 410 E. Washington St., Iowa City, Iowa, 52240, by bona fide bidders. A $30 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City ofIowa City. 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 trom 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 subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit 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 required under Iowa Statutes. The Iowa reciprocal 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 ofIowa City, Iowa. MARIAN K. KARR, CITY CLERK Ci:] "' Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St.,lowa City, IA 52240 (319)356-5144 "'\ RESOLUTION NO. RES~TION AWARDING CONTRACT AND AUTHORIZING TH AYOR TO SIGN ANt? THE CITY CLERK TO ATTEST A CO RACT FOR CONSTRUCT~ON OF THE 2004 SANITARY SEWER REPAIR P OJECT. \ , '" WHEREAS, of the lowest responsible bid of $ '\ for construction of the above-nam NOW, THEREFORE, BE IT ~SOLVED BY THE CITY CO CITY, IOWA, THAT: \ 1. The contract for the tion of the above amed project is hereby awarded to ,su 'ect to the condition that awardee secure adequate performance and paym t bond, ins ance certificates, and contract compliance program statements. I I I 2. The Mayor is hereby authorized to . ,Il and the City Clerk to attest the contract for construction of the above-named proj. . t, subject to the condition that awardee secure adequate performance and paymentþ6n insurance certificates, and contract compliance program statements. Passed and approved this d,ay of ,2004. .. I .' MAYOR " ATTEST: CITY CLERK .. I ¡ / It was moved by and seconded by the Resolution be adopted, and upo roll call there were: A ES: NAYS: ABSENT: Bal y Cha pion Elliott Lehman O'Donnell Vanderhoef Wilburn pweng/res/2004sswrawrdcon.doc 09/04 N C1LJ Prepared by: Karin Franklin, PCD, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 04-281 RESOLUTION APPROVING JOSEPH PRESCHER AS THE ARTIST FOR THE BENTON HILL PARK ENTRY WAY, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOSEPH PRESCHER. WHEREAS, the City Council approved a Call to Artists at their meeting of June 1, 2004 for an Iowa artist to design, fabricate and install an artisitic entryway to the new Benton Hill Park; and WHEREAS, the Public Art Advisory Committee considered responses to the Call at their July 29 meeting and chose Joseph Prescher to proceed with the project; and WHEREAS, the design of the proposed entryway has included representatives of the Miller- Orchard Neighborhood Association and the Public Art Advisory Committee and the proposed design falls within the budget of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The entryway design included as Exhibit A of the attached Agreement is acceptable to the City Council. 2. The agreement attached hereto is in the public interest and is approved as to form and content. 3. The Mayor is authorized to sign and the City Clerk to attest said agreement in duplicate. Passed and approved this 5th day of October £/~ .Ø,. -- MAYOR ATTEST: ~~ ~ ~-vJ A~ t. Qn¿ q-~,- ot CITYERK City Attorney'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 wpdatalppdadmin/resljprescher-be,:,tonhilr.doc Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 AGREEMENT FOR ARTIST'S SERVICES FOR DESIGN AND EXECUTION OF ARTWORK FOR THE BENTON HILL PARK ENTRYWAY THIS AGREEMENT is made and entered into this 5th day of October , 2004 by and between the City of Iowa City, hereinafter referred to as the "City" and Joseph Prescher, hereinafter referred to as the "Artist". WHEREAS, the City seeks to utilize the professional services of the Artist for the design, construction and installation of an entryway to Benton Hill Park; and WHEREAS, the Artist will provide design, construction, installation and oversight for the Benton Hill Park entryway project. NOW, THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Artist to provide services as set forth herein. ARTICLE 1. PROJECT DESCRIPTION AND SCOPE OF SERVICES 1.1 Proiect Description A. This project is to provide an entryway over the pedestrian walkways that will enter the Benton Hill Park at the corner of Benton Street and Miller Avenue. The entryway will be as shown on Exhibit A, without lights but with conduit installed in the pillars to enable lighting in the future. B. This project will consist of a design phase, a construction phase and installation. 1.2 Scope of Services A. Artist agrees to perform the following services for the City, and to do so in a satisfactory manner consistent with the Call to Artists, Exhibit B attached hereto, and the provisions of Article 1. 1. Complete design and construction specifications for an entryway, as shown on Exhibit A, for the entry to Benton Hill Park at the corner of Benton Street and Miller Avenue. 2. Coordinate the fabrication/construction of the entryway, including hiring and supervising any subcontractors, as necessary. 3. Be responsible for the installation of said entryway, including hiring and supervising sUbc(:Jntractors, as necessary 4. Coordinate installation of the entryway with the Director of Parks and Recreation, or his designee, and with the contractors for the improvement of Benton Hill Park as necessary. 1.3 Administrative Services A. The Artist shall make presentations to explain the design of the entryway to representatives of the City, the Public Art Advisory Committee and the City Council, as requested by the City. 2 B. Final approval of designs shall be by the City Council. C. The Artist shall be responsible for hiring and supervising any subcontractors, other than those contractors and subcontractors hired for the park improvement project, needed to fulfill the requirements of this Agreement. 1.4 Schedule of Completion A. The Artist shall complete the services noted in this Agreement in accordance with the schedule shown. The City and the Artist shall make all practicable efforts to meet the obligations imposed by this schedule and provide the necessary information, review and decisions identified in accordance with the schedule. B. Schedule of work: 1. Finalize design by December 1, 2004. 2.. Installation between May 1, 2005 and June 1, 2005. C. Modifications of the individual portions of this schedule can be made upon mutual agreement of the Artist and the Director of Planning for the City. D. Project representatives: 1. The following individuals are designated to represent the parties to this agreement. As far as practicable, representatives assigned by all parties shall remain assigned to the project through Final Completion. 2. City's Designated Representatives: a. Karin Franklin, Director, Dept. of Planning & Community Development City of Iowa City 410 E. Washington Street Iowa City, IA 52240 319-356-5232 karin-franklin®iowa-citv.orq 3. Artist's Representative a. Joseph Prescher P.O. Box 1715 Iowa City, IA 52240 319-400-3488 Camrilval@yahoo.com 1.5 Post Installation A. Within 30 days after the installation of the Art Work, the ARTIST shall furnish the CITY with a minimum of twenty-four (24) slides, photographs (and negatives), or digital photographs on a disk which document the process and development of the Art Work from beginning fabrication through completion. B. The CITY shall arrange photographic documentation of the site and the installed Art Work at the site. 3 C. The ARTIST shall be notified of any dates and times for presentation ceremonies relating to the Art Work. D. Upon installation of the Art Work, the ARTIST shall provide to the CITY written instructions for appropriate maintenance and preservation of the Art Work. 1.6 Final Acceptance A. The ARTIST shall advise the CITY in writing when all services in Sections 1.1 through 1.5 have been completed in substantial conformity with the Proposal. B. The CITY shall notify the ARTIST in writing of CITY'S final acceptance of the Art Work. The CITY and ARTIST shall meet on the site immediately after the installation of the work. At that time, CITY will either finally accept the work or present the ARTIST with a listing of any aspects of the work or installation that need correction. C. Final acceptance shall be effective on the date of the CITY'S written notification to ARTIST of final acceptance. 1.7 Risk of Loss The risk of loss or damage to the Art Work shall be borne by the ARTIST until final acceptance by the CITY, and the ARTIST shall take such measures as are necessary to protect the Art Work from loss or damage until final acceptance, including insurance coverage naming the City as an additional insured. If, however, installation is delayed and City stores the Art Work pursuant to Section 3.2 hereof City shall bear the risk or loss of damage while the Art Work is in storage. The ARTIST shall not be responsible for loss or <;!amage due to vandalism, theft, accidents, or acts of God once installation of the Art Work is complete. 1.8 Liabilitv. Indemnification and Insurance A. The ARTIST agrees to indemnify, defend and hold CITY and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST themselves or by any 'subcontractor or by anyone directly or indirectly employed by either of them. B. Upon final acceptance of the Art Work, the CITY shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the Art Work, the site, the project or this agreement, except claims by the CITY against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. C. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; and from claims for damages because of injury to or destruction of tangiblé property; including loss of use resulting therefrom; and from claims arising out of their performance of professional 4 services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.9 Title Title of the Art Work shall pass to the CITY upon CITY'S final acceptance of the completed Art Work. ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE 2.1 Fixed Fee The CITY shall pay the ARTIST a fee not to exceed Thirty Thousand Dollars ($30,000), which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST under this agreement. Expenses shall include all travel and lodging required for the ARTIST to fulfill his obligations under this contract. The fee shall be paid in the following installments, each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: A. $5,100 within thirty (30) days after execution of this agreement. B. Payment of invoices, purchase orders or statements for expenses and materials, upon receipt of the same, to a maximum of $21,900. C. The remainder ($3,000) within thirty (30) days after final acceptance of the complete project. If the ARTIST elects to utilize the CITY'S services and materials during installation, those fees shall be deducted from the final payment due the ARTIST. 2.2 ARTIST'S Expenses The ARTIST shall be responsible for the payment of all mailing or shipping charges on submissions to the CITY, the cost of transporting the Art Work to the site and the costs of all travel and lodging by the ARTIST and the ARTIST'S agents and employees necessary for the proper performance of the services required under this agreement. ARTICLE 3. TIME OF PERFORMANCE 3.1 Duration The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the Art Work pursuant to Section 1.4 provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the CITY. 3.2 Construction Delavs If, when the ARTIST completes fabrication or procurement of the Art Work in accordance with the approved schedule and notifies the CITY that the Art Work is ready for installation, the ARTIST is delayed from installing the Art Work within the time specified in the schedule as a result of the construction of the site not being sufficiently complete to permit installation of the Art Work, the CITY shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the Art Work. In addition, the CITY shall 5 reimburse the ARTIST for any additional travel costs or for unnecessary time spent on the site due to delays caused by the CITY or the Contractor. Such reimbursements shall be expenses in addition to the Fixed Fee enumerated in Section 2.1. 3.3 Earlv Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of . the ARTISTS services prior to the time provided in the schedule for installation. 3.4 Time Extensions The CITY shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the CITY in the event that there is a delay on the part of the CITY in performing its obligations under this Agreement due to conditions beyond the CITY'S control or Acts of God which render timely performance of the CITY'S services impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. ARTICLE 4. WARRANTIES 4.1 Warranties of Title The ARTIST represents -and warrants that: (a) the Art Work is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the CITY, the Art Work is unique and original and does not infringe upon any copyright; (c) that the Art Work, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Art Work is free and clear of any liens from any source whatever. 4.2 Warranties of Qualitv and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the Art Work will be performed in a workmanlike manner; (b) the Art Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the Art Work; and (c) maintenance recommendations submitted by the ARTIST to the CITY hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall apply to the Art Work only and shall survive for a period of five years after the final acceptance of the Art Work, excluding deterioration or damage caused by circumstances not in the ARTIST's control, such as vandalism, theft, abuse of the surface finishes, chemical runoffs or spills, or accidents. The CITY shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the CITY, and at no cost to the CITY, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Art Work). ARTICLE 5. REPRODUCTION RIGHTS 6 5.1 General The ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the Art Work except ownership and possession, except as limited herein. In view of the intention that the Art Work in its final dimension shall be unique, the ARTIST shall not 'make any additional duplicate reproductions of the final Art Work, nor shall the ARTIST grant permission to others to do so except with the written permission of the CITY. The ARTIST grants to the CITY and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the Art Work for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the CITY shall contain a credit to the ARTIST and a copyright notice substantially in the following form: - [ARTIST'S NAME], date of publication. 5.3 Credit to Owner The ARTIST shall use best efforts to give a credit reading substantially, "an original art work owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the Art Work. 5.4 Reqistration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the Art Work in the ARTIST'S name. ARTICLE 6. ARTIST'S RIGHTS 6.1 Identification The CITY shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the Art Work, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The CITY recognizes that maintenance of the Art Work on a regular basis is essential to the integrity of the Art Work. The CITY shall take reasonable steps to assure that the Art Work is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.5.D. 6.3 Alteration of the Work or of the Site A. Except as provided under subsection 6.3(b), below, the CITY agrees that it will not intentionally damage, alter, modify or change the Art Work without the prior written approval of the ARTIST. B. The CITY reserves the right to alter the location of the Art Work; relocate the Art Work to another site; and remove the Art Work from public display. The following provisions shall apply to relocation or removal: 7 1. While the CITY shall attempt to remove Art Work in such a way as to not affect the Art Work, it is the parties understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the Art Work. The ARTIST acknowledges that this provision shall qualify under 17 U.S. C. Section 113 (d) so as to waive rights under 17 U.S.C. Section 106A. 2. If, at the time of removal, it is determined that the Art Work may be removed without damage, alteration, modification, destruction, distortion or other change, CITY shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the Art Work, the ARTIST agrees to file the records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the Art Work. 6.4 Permanent Record The CITY shall maintain on permanent file a record of this Agreement and the location and disposition of the Art Work. ARTICLE 7. ARTIST AS INDEPENDENT CONTRACTOR. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the CITY. The ARTIST shall not be supervised by any employee or official of the CITY, nor shall the ARTIST exercise supervision over any employee or official of the CITY. . ARTICLE 8. ASSIGNMENTS, TRANSFER, SUBCONTRACTING 8.1 Transfer of Interest Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. . 8.2 Subcontractina by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Art Work and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain approval from the CITY prior to hiring any subcontractor. If the CITY does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the CITY. The City's approval of the subcontractor(s) in no way releases ARTIST from the obligations and warranties of Article 4. ARTICLE 9. TERMINATION If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the CITY, the CITY shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or 8 prepared for submission by the ARTIST under this agreement shall at the CITYS option become its property, provided that no right to fabricate or execute the Art Work shall pass to the CITY and the CITY shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the CITY in exchange for all finished and unfinished related Art Works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by the ARTIST, and the CITY may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the CITY from the ARTIST is determined. ARTICLE 10. COMPLIANCE The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTISTS services under this agreement. ARTICLE 11. GENERAL TERMS 11.1. The Artist shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. A. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is agreed by the City that all records and files pertaining to information needed by the Artist for the project shall be available by said City upon reasonable request of the Artist. The City agrees to furnish all reasonable assistance in the use of these records and files. 11.3 At the request of City, the Artist shall attend such meetings of the City Council relative to the work set forth in this Agreement as deemed necessary. Any requests made by the City shall be given with reasonable notice to Artist to assure attendance. 11.4 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 11.5 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by City. 11.6 Upon signing this agreement, Artist acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory prohibition enumerated in Section 362.5. ARTICLE 12. ENTIRE AGREEMENT 9 This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. ARTICLE 13. MODIFICATION No alteration change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the CITY. CITY g¿~.# - J ATTEST ~/~--.J ~ ~) Mari K. Karr, City Clerk ppdadmlagtlprescher.doc _._~~----'-----~ I~. ..,; (#' ~1 Rc...""~ c....~~ r I ,.,. ,. ., ",,'1:\.. ~l_....Is \,,¡"_~ P.I( / v I ""'t 1< 1 "---;-;r , ,.~.,,,e. f. k.M.S'?_. -. ~ - \...a<L~~,,- o.r-"::>'>=. _ ~'.1;; 'I E;.0¡;'~.u/c..tc.....". 5,~ _~ St-~)~...,..-k:..... ~- - 'Dn~·fC._·O,.$t~\ -" W1'..~W~6) f.... , '. '.. ....'.'~¡:; ~,,' llf+..'...,..',....~.,......~..........-.,........ ~.. \-B.......r..o. ^... ~..).¡4\........... . " I I ~ I '4:"1" -, I I' - ç""1 ~ ~.. SJ..~ ~<:'~,.... c-t.,. b.L\ So(''''-'''.. - ~'$':""t '." ',,~. ~.1\._~ ,. " ,.'.' ". ,é $".... ~...£\é>~ ~ ,Ii" f$<..,!~~~~~tt..?), J.'~Ib~~tò;;¿~.f>à+.,J Ijj,j 4- ,,,.5"-'1 .'\ I '~'? ,- '-'.,'::r; '.-~". ...:, ........'..- 1 .,'f3'" - ;;"31'ol 1', Lj' ,J'3'''' ~ ' , ~ 101 ~~, ) 1 'ì'ì ~\ , , ~ ..... ! ! ~ ¡ ..... , ~ ,. J> , f '. Ex HI BIT B The Public Art Program of the City of Iowa City CALL TO ARTISTS was established in September 1997. The intention of the Public Art Program is to enhance . . public spaces, promote Iowa City as a cultural center, and build Iowa City's image as a vital place to live and work. This will be accomplished by the integration and placement of art in public projects and places. The Public Art Program is supported by a specific allocation of $50,000 of public funds per fiscal year. A Public Art Advi$ory Committee has been appointed to assist in the development and management of this program. The mission of the Public Art Advisory Committee, as stewards of the City of Iowa City, is to enhance the appearance of the city through the selection and integration of art in a public environment. 2004 Membership: Barbara Camillo Chuck Felling Rick Fosse James Hemsley Mark Seabold Terry Trueblood Emily Carter-Walsh . . Call The PublicArtAdvisory Committee of the City of Iowa City is issuing a call for an Iowa artist to design, fabricate and install an artistic entryway to a neighborhood park. Project Paranßeters · The artist will be responsible for conception, design, fabrication and installation of the public art. Employment of a team of artists or subcontractors will be at the artist's discretion, but must stay within the prescribed budget for the project. · The artist will be expected to work in coordination with the general contractor on the project. · Materials used should be durable and able to withstand exposure to weather and wind loads. Low to no maintenance materials are preferred. · Design should be appropriate for the Benton Hill Neighborhood Park. · The finished entry design should be safe for an environment that will be used by children and should not encourage climbing. Project Budget Approximately $30,000 including design, fabrication and installation. Project Tinßeline Design fabrication and installation completed by Nov. 1, 2004. Selection Process Submitted materials will be reviewed by the Public Art Advisory Committee at their meet- ing on July 1,2004. Deadline for Receipt of Materials: Wednesday, June 30, 2004 by 5:00 P.M. Iowa City Public Art Program Benton Hill Park Project Background and Site Description Benton Hill Park is an approximately four acre park in the heart of a west side Iowa City neighborhood. The park is long-awaited by neighboring residents who have had a primary role in determining Its function and design. The park will focus on young families, with an area for pre-schoolers and a discovery play area for elementary school-aged children. Almost two acres of the park will be devoted to preserving a meadow, enhancing wildlife habitat, and providing nature trails. The entry to the park is at the corner of two intersecting streets, Benton Street and Miller A venue, one of which is a two-lane east-west arterial. The entry way will traverse a 10' wide paved walk and mark the end of a 4' high vinyl-coated chainlink fence that will parallel the arterial street. The entry should include the name of the park-"Benton Hill Park"-and be an inviting notice of the park's entrance. Materials should be durable and able to withstand the vagaries of Iowa's weather. The entryway should not be climbable and should avoid sharp or pointed features below six feet from grade. The entryway should be at least 14' wide and have no less than 10' clearance in height from the walkway. The artist will be responsible for designing, fabricating and installing the entire entryway. (See reverse side for map of park proposal.) Subnßission Materials A. Artists should submit ten (10) collated sets of printed submission materials, organized in the specific order as described below. 1. A letter of interest (one page maximum) including any background information that would support the artist's qualifications for this project. 2. Resume including education, exhibits, honors, and galleries. 3. A description of any similar projects completed with references. Images may be provided as one copy of up to ten (10) 35 mm slides. Digital images may be sent to the email address noted below; digital images are preferred. Digital images may also be provided on a zip disc or CD. Images of similar projects or related work are encouraged. B. All materials submitted will become property of the Iowa City Public Art Advisory Committee. SUBMISSIONS MUST BE RECEIVED BY 5:00 P.M. Wednesday, June 30, 2004 SEND TO: KARIN FRANKLIN, DIRECTOR PLANNING & COMMUNITY DEVELOPMENT CITY OF lOW A CITY 410 EAST WASHINGTON STREET IOWACITY,IOWA 52240 QUESTIONS: (319)356-5232 email: karin-franklin@iowa-city.org ppddirlpagelbentonhillcall.p65 M~~ ~ 11 Prepared by: Marcia Klingaman, PCD. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 04-282 RESOLUTION TO AMEND THE IOWA CITY PUBLIC ART PROGRAM PROCEDURES BY CHANGING PROCEDURES FOR THE NEIGHBORHOOD PUBLIC ART PROJECT. WHEREAS, the bylaws of the Public Art Advisory Committee require final approval by the City Council of procedures for the Iowa City Public Art Program; and WHEREAS, procedures had been developed for the Neighborhood Public Art Project and were adopted by the City Council on March 11, 2003; and WHEREAS, the Public Art Advisory has reviewed and recommends for approval revisions in the procedures, based on the experiences of administering the program over the last year. addressing the following concepts: 1. Creating a definition of what is "Public Art"; 2. Defining how neighborhoods can apply to participate in the Neighborhood Public Art Project; 3. Ensuring the participation of an "artist" in the process of determining neighborhood art proposals; and 4. Including specific criteria that must be used by the Public Art Committee in reviewing each proposal for the neighborhood art project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The revised Iowa City Public Art Program Procedures including the Review Criteria for the Neighborhood Public Art Project, attached hereto, be adopted. Passed and approved this 5th day of October ,20....QL. æ/~;;j¿- MAYOR ATTEST:~~ If/. ~J A[:; .CM 9~;¡~-ö'¡" CI . LERK City Attorney's Office ppddir/resfpublic art review.doc Resolution No. 04-282 Page 2 It was moved by Vanderhoef 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 NEIGHBORHOOD PUBLIC ART PROJECT PROCEDURES The Neighborhood Public Art Project has been established to move the focus of the Iowa City Public Art Program to art in the neighborhoods and to allow neighborhoods to actively participate in the selection, site location, possible production and installation of art in their neighborhoods. Definition of Public Art - The Iowa Arts Council defines "public art" as an artwork or art place that is created by an artist or designer, a group of artists and/or designers, or a collaboration between artists and/or designers for a specific site or place for the public to experience. The following is the process for implementation of the Iowa City Neighborhood Public Art project: Neighborhood Selection Process Neighborhoods will be notified through the Office of Neighborhood Services of the opportunity to participate in the Neighborhood Art Project. A letter of interest must be submitted by the neighborhood association that will include the following: ~ How the neighborhood intends to solicit input from the entire neighborhood. ~ An estimated schedule of the process. ~ Who will be the chief neighborhood contact person for the project ~ How the artist will be selected and what role they will play in working with the neighborhood. Artwork Selection Process Neighborhoods must solicit all residents of the neighborhood to participate in the selection process to determine the type of artwork that they wish to acquire/commission and the location (s) of the proposed artwork. The neighborhood should begin the decision making process with a "concept" artist. This artist should be able to collaboratively work with the neighborhood through the mechanics of design and artist selection. The Public Art staff can provide assistance to the neighborhoods to locate potential "concept" artists. Any fee for the "concept" artist would be part of the budget for the neighborhood art project. Once a type of artwork is decided upon, the neighborhood will work with the concept artist in determining the design, composition, scale, etc. of the artwork utilizing the selection criteria established for the Public Art Program. This artist can also assist in the development of calls to artists (if applicable) for the neighborhood and guide the neighborhood through a selection process. It is also completely acceptable that the concept artist submits a proposal for the completed neighborhood art project. All existing criteria established through the Iowa City Public Art Program; procedures for site selection, maintenance, accession and deaccession/relocation must be met in the consideration of the artwork. Review Process The neighborhood must present their concept plan for the artwork, proposed site(s) and method of artwork or project artist selection, and proposed budget to the Public Art Advisory Committee (PAAC) for initial consideration. The PAAC will use the attached "Neighborhood Art Project Proposal Review Criteria" as a guideline for decision making. The P AAC will then forward their recommendation to the City Council for approval. Unless specifics about the artist and/or artwork are available at that time, the City Council will be asked to approve the "concept" of the project, the artist selection method, the budget and the artwork site. After approval of the concept, site location and budget by the City Council, "calls-to-artists" (if necessary) will be developed by the neighborhoods with the assistance of staff and the P AAC. Selection of the artist/artwork by the neighborhood will be in accordance with the Acquisition Procedures developed for the Public Art Program. After review of the final project by the Public Art Advisory Committee, the City Council will then be asked to approve the final selection of artist/artwork and budget. Neighborhood Mentoring Process Upon completion of their art project, the participating neighborhood may be asked to work with and share their experiences with one other neighborhood association interested in participating in the Neighborhood Art Project. NEIGHBORHOOD ART PROJECT PROPOSALS REVIEW CRITERIA In reviewing the concept plans for the Neighborhood Art project proposals, the Public Art Advisory Committee should consider the following: · Has the neighborhood provided the opportunity for all residents to participate in the process? · Has there been participation in the process by professional artists in creating a project or designing/creating the artwork being proposed? · Have all long-term maintenance requirements been addressed? · Have initial contacts been made regarding availability of the site for installation of the artwork? · Are the existing criteria established through the Iowa City Public Art program capable of being met (i.e. Acquisition, Maintenance, deaccessionlrelocation); particularly: Site Selection · located on public property · visible and accessible · does not disrupt traffic flow · durability of artwork in relation to location · Has the Artist selection process been determined and is it feasible? · Is the proposed budget reasonable?