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HomeMy WebLinkAbout2004-12-07 Resolution Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-322 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 718 HIGHLAND AVENUE TO A PUBLIC HOUSING PROGRAM TENANT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 718 Highland Avenue, also known as Lot 27 in Part One Plum Grove Acres Subdivision; and WHEREAS, a public housing program tenant has offered to purchase the home at 718 Highland Avenue for the principal sum of $123,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership of their own home; and WHEREAS, on November 16, 2004, the City Council adopted a Resolution declaring its intent to convey its interest in 718 Highland Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 718 Highland Avenue, legally described as Lot 27 in Part One Plum Grove Acres Subdivision, Iowa City, Iowa, to a public housing program tenant. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount.not to exceed $30,750. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 7th day of December' ,2004. MAYOR Appro~.~~ ATTEST: ~~ ~. ~ t( -( CITY ~-ERK City Attorney's Office Resolution No. 04-322 Page 2 It was moved by 0'Donnell and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X EIliott X Lehman X O'Donnell X Vanderhoef × Wilburn Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-323 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT '1508 DOVER STREET TO A PUBLIC HOUSING PROGRAM TENANT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 1508 Dover Street, also known as Lot 40 in Village Green South; and WHEREAS, a public housing program tenant has offered to purchase the home at 1508 Dover Street for the principal sum of $132,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership of their own home; and WHEREAS, on November 16, 2004, the City Council adopted a Resolution declaring its intent to convey its interest in 1508 Dover Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1508 Dover Street, legally described as Lot 40 in Village Green South, Iowa City, Iowa, to a public housing program tenant. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $33,000. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 7th day of l')ecembe~- ,2004. Approved by CIT'~'GLERK City Attorney's Office Resolution No. 04-323 Page 2 It was moved by Bai 1 ey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X EIliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-324 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2614 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 2614 Indigo Court, also known as Lot 77, Whispering Meadows Subdivision, Part Two; and WHEREAS, a public housing program tenant has offered to purchase the home at 2614 Indigo Court for the principal sum of $105,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership of their own home; and WHEREAS, on November 16, 2004, the City Council adopted a Resolution declaring its intent to convey its interest in 2614 Indigo Court, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 2614 Indigo Court, legally described as Lot 77, Whispering Meadows Subdivision, Part Two, Iowa City, Iowa, to a public housing program tenant. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $21,000. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this. 7th day of December' ,2004. Approved by (~IT'~?,LERK City Attorney's Office Resolution No. 04-324 Page 2 It was moved by 0'Donne11 and seconded by Bai l 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 Wilbum Prepared by: Marian K. Kart, 410 E. Washington St., Iowa City, I,~, 52240 (319) 356-5043 RESOLUTION NO. 04-325 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Gabe's 330 E. Washington Street Passed and approved this 7th dayof December ,20 04 · ATTEST: ~ ,~, CITY'CLERK It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Klm Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. 04-326 RESOLUTION SETTING A PUBLIC HEARING FOR JANUARY 4, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WATER TREATMENT PLANT ARCHITECTURAL PRECAST REPAIRS 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 4TMday of January, 2005, 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 7th day of December __, 20 04 MAYOR Appro~v.~/;/y. / '-- Ci~y' Attorney's Office pweng'~'es~orecast 11-04.doc9 199 Resolution No. 04-326 Page 2 It was moved by Champ i on and seconded by Bai 1 e,y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Ron Knoche, PW, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 04-327 RESOLUTION SEI-I'ING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENTS - NAPOLEON LANE TO CITY LIMITS 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 4~ day of January, 2005, 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 tt-iis 7th day of December ,20 04 mAYOR ClTY~LERK '"" ' City AttOrney's Office pweng\res~sgilber[napol 2.doc Resolution No. 04-327 Page. 2 It was moved by Champion and seconded by Baile.y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Marilyn Kriz, Parks & Rec. Division, 410 E. Washington St., Iowa City, IA 52240, 356-5110 RESOLUTION NO. 04-328 RESOLUTION ACCEPTING THE WORK FOR THE INSTALLATION OF A NEW LIGHTING SYSTEM ON MERCER PARK BASEBALL DIAMOND #'1. WHEREAS, the Parks and Recreation Director has recommended that the work for the installation of a new lighting system on Mercer Park Baseball Diamond #1, as included in a contract between the City of Iowa City and Merit Electric, Ltd. Of Iowa City, dated August 3, 2004, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th dayof December ,2004. MAYOR Approved by CITY"~LERK City Attorney's Office It was moved by Chamoiorl and seconded by BAiley the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X · Lehman X O'Donnell X . Vanderhoef X Wilburn parksrecYes~mercerlights.doc Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-329 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF JOHNSON COUNTY AUDITOR'S PARCEL 2002-061, A 0.91 ACRE PARCEL WITHIN LOT 25, WEEBER'S THIRD ADDITION, IOWA CITY, IOWA, AS PUBLIC OPEN SPACE. WHEREAS, In connection with the Sensitive Areas Development rezoning of Lot 25, Weeber's Third Addition, it was agreed that the developer Southgate Development would dedicate a 0.91 acre parcel lying within said lot to the City.; and WHEREAS, the owner of the property, Southgate Development Company, is now willing to dedicate said parcel, to the City; and WHEREAS, said parcel to be dedicated is legally described as Johnson County Auditor's Parcel 2002-061 and has been made the subject of a plat of survey which is attached hereto; and WHEREAS, City Code provides that the City formally accept the dedication of land for open space by resolution; and WHEREAS, the Parks & Recreation Department has inspected the property and determined it is suitable for dedication at this time, and the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above-referenced parcel of property for public open space, in a form of conveyance approved by the City Attorney's Office, is 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 acceptance of said dedication. Passed and approved this 7th day of Dec.er ,20 04 MAYOR ^T EST: " CITY"~LERK Cit~ ~tt~r~ey's dffice Resolution No. 04-329 Page 2 It was moved by Champion and seconded by Baile,v the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X EIliott X Lehman X O'Donnell X Vanderhoef X Wilbum ,- . I P]~OpRI~TOR: $OUTHC;ATE D£V£LOpMF~NT CO. 1.C. LEGAL DESCRIPTION ~ ~ O. ' RECTOS ~ ~NS~ C~N~Y. ,OW~. mC e~"O~,ES ~ 0 ~ G ~ -- ~ POINT OF 340 ~CR~S ~ ~""~ ~ LEGAL OESCRIPTION ~ ~ ~ < ~r ~2 10WA. AS R[C~D IN PLAT e~ 9, PAGE 14. PLAT~ ~ ~ ~  POINT OF ~ s/s' ~ LINE. 346 9g FE[T TO mE a~mEAS~ CORNER ~ SAID LOT ~ ~ g ~ ~ (sw CDR. LOT 2~) * _~ ........ ~ . ~ ,. ........ ~.~.t ~. m~ ~ ~ .~. 8-8-02 ~ C~ of Iowa Ci - ~ 0~""~ .~, ,~ ~ - -- ~., ,,,~ 2265t06 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 04-330 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'rTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 510 SOUTH GOVERNOR STREET, IOWA CITY, IOWA. WHEREAS, on November 2, 2001, the owner executed a Mortgage for Housing Rehabilitation; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 510 South Governor Street, Iowa City, Iowa from a Mortgage recorded November 20, 2001, Book 3176, Page 626 through Page 630 of the Johnson County Recorder's Office. MAYOR Approved by CITY"CLERK CitY Attorney's Office It was moved by Champion and seconded by Bai]e.v the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppdrehab/res/510sgoverno~st.doc Prepared by: Liz Osborne, CD Division, 410 E, Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 510 South Governor Street, Iowa City, Iowa, and legally described as follows: The South half of Lot 7 and the North half of Lot 8, all in Block 2, in Berryhill's Second Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, Robert Bowans and Lorraine J. Huneke-Bowans, to the City of Iowa City represented by a Mortgage recorded November 20, 2001, Book 3176, Page 626 through Page 630 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR Approved by CITY"CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 7 . day of t'~¢c~m~- , A.D. 20 D~r , before me, the under- signed, 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. o~--~O, adopted by the City Council on the '? day ~_¢_~-.~,~_¢, , 20 o,~- and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ppdrehab\510gOvernorrel.doc ~'~ '¢1 Commission Number 159791 '~ '1 My Commis. sion Expires Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 04-331 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 939 DEWEY STREET, IOWA CITY, IOWA. WHEREAS, on June 30, 1994, the owners executed an Agreement, a Promissory Note, and a Mortgage for Rental Rehabilitation; and WHEREAS, the terms of the lien have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to do a release of this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 939 Dewey Street, Iowa City, Iowa from an Agreement, a Promissory Note, and a Mortgage recorded September 26, 1994, Book 1816, Page 82 through Page 86; and Book 1816, Page 87 through Page 90; and Book 1816, Page 91 through Page 95 of the Johnson County Recorder's Office. MAYOR Approved by ATTEST: ~'~2.~.-~ ;~"~. ~ CI'F~G-LERK City Attorney's Office It was moved by Champion and seconded by Bai 1 e,y 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 ppdreha b/res/939deweyst.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the properly at 939 Dewey Street, Iowa City, Iowa, and legally described as follows: The north 22 feet of 10 + 17 and all of 10 + 16, except the north 6.5 feet thereof, in Block 3, Dewey's Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owners, Joy Berdette Harrington and Betty Krabacher, to the City of Iowa City represented by an Agreement, a Promissory Note, and a Mortgage recorded September 26, 1994, Book 1816, Page 82 through Page 86; and Book 1816, Page 87 through Page 90; and Book 1816, Page 91 through Page 95 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby being released from any liens or clouds upon title to the above property by reason of said prior MAYOR Approv~ ATTEST: ~q~ ~. ~ I f-O~ ~ CiTY"E:LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this '7' day of ..~,zc,,~e.,,- , A.D. 20 o,~- , before me, the under- signed, 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. o~r. ~J , adopted by the City Council on the '] day /~,,,..,_,.,.,[.~.,- , 20 ¢~t and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ppd rehab\939deweyrel.doc SONDRAE FORT Commission Number 159791 My Cqmmission Expires Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-33? RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A REAFFIRMATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ROBERT H, PECK AND DEBBIE S. SCOVILL-PECK FOR THE PROPERTY LOCATED AT 1417 FRANKLIN STREET, IOWA CITY, IOWA. WHEREAS, on June 30, 2000, the owners of 1417 Franklin Street executed a Promissory Note and Second Mortgage in the amount of $14,600 to secure a loan from the City for said amount as part of the Tenant-to-Ownership Program; and WHEREAS, the owners still owe $13,314 to the City on said Note; and WHEREAS, the owners have filed a petition for bankruptcy under Chapter 7 and wish to reaffirm said debt to the City; WHEREAS, it is in the City of Iowa City's interest to execute a Reaffirmation Agreement. 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 to the attached Reaffirmation Agreement. Passed and approved this 7th day of December ,2004. Approved by cI'rY"CLERK City Attorney's Office It was moved by £hampi nn and seconded by Rai ley 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 IN THE UNITED STATES BANKRUPTCY COURT Northern District of Iowa In the Matter of: ) ) Bankruptcy No. 04-03977 Robert H. Peck ) Debbie S. Scovill-Peck ) Chapter 7 ) Debtors. ) Reaffirmation Agreement Robert H. Peck and Debbie S. Scovill-Peck, the debtors in the above-captioned bankruptcy case and City of Iowa City, hereby agree that: 1. Robed H. Peck and Debbie S. Scovill-Peck, subject to the approval of the bankruptcy court and the statutory right to rescind, reaffirms their debt of $13,314.00 to City of Iowa City, secured by their homestead located at 1417 Franklin St, Iowa City, Iowa, legally described as follows: Lot Five (5) in Block One (1) in Highland Development Addition to Iowa City, Iowa, according to the recorded plat thereof. 2. This debt will be paid according to the terms agreed to in the original loan agreement. 3. City of Iowa City agrees to waive all previous and current defaults on this debt. 4. City of Iowa City further agrees that it will not act to repossess the above described homestead unless the debtors are more than thirty days in default under this agreement. THIS AGREEMENT MAY BE CANCELED BY THE DEBTOR ANY TIME BEFORE SIXTY (60) DAYS AFTER THIS AGREEMENT IS FILED WITH THE BANKRUPTCY COURT OR THE DATE OF THE BANKRUPTCY DISCHARGE, WHICHEVER DATE IS LATER, BY GIVING WRITTEN NOTICE TO THE CREDITOR. Codebtor Debbie S. Scovill-Peck Representative for Creditor Declaration of Attorney for Debtors I, Steven G. Klesner, do hereby declare under penalty of perjury that the following is true and correct: 1. I am the attorney for the Debtors in the above-captioned bankruptcy case. 2. I represented the Debtors in negotiating the Reaffirmation Agreement with City of Iowa City. 3. This Reaffirmation Agreement represents a fully informed and voluntary agreement by the Debtors. 4. To the best of my knowledge and belief, this Reaffirmation Agreement does not pose an undue hardship on the Debtors or dependent of the Debtors. 5. I have advised the Debtors of the legal effect and consequences of both the Reaffirmation Agreement and a default under the Reaff~~nt. Dated: [ [f~ ~)/f) tTt .~-~(-~. ~er 000013024 -- ~ ~- 1002 Broadway PO Box 3400 Iowa City, IA 52244 (31g)338-9852 Fax (310)354-7265 sklesner@jpnlaw, com ATTORNEY FOR DEBTORS Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 04-333 RESOLUTION ACCEPTING THE DEDICATION OF OUTLOT J TO THE CITY OF IOWA CITY AS PLATTED IN WINDSOR RIDGE PART TWELVE, IOWA CITY, IOWA AND DECLARING THE AREA OPEN FOR PUBLIC USE WHEREAS, The Subdivider's agreement for Windsor Ridge Part Twelve contemplated the dedication of Outlot J to the City of Iowa City for public use upon completion of construction on 90% of the lots surrounding the outlot as well as upon the installation of ADA compliant walkways, landscaping and groundcover within the area; and WHEREAS, these requirements have now been fulfilled by the developer; and WHEREAS, the Parks and Recreation Commission and Parks and Recreation Director recommend acceptance of the dedication as being in the public interest; and WHEREAS, it is in the public interest to provide public open space and other public recreational amenities within the City, and the acceptance of Outlot J, Windsor Ridge Part 12, is in the public interest as it will allow the area to be used by the public for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of Iowa City, Iowa finds it is in the public interest to accept the dedication of Outlot J, Windsor Ridge Part Twelve and the same is hereby accepted by the City of Iowa City, Iowa and the area is hereby declared open for public use. 2. The City Clerk is hereby authorized and directed to record the deed for Outlot J, Windsor Ridge Part 12, together with a certified copy of this Resolution, in the Office of the Recorder, Johnson County, Iowa, at the City's expense. Passed and approved this 7th day of D~"'~ber ,2004. /2 MAYOR ATTEST: /~~ ~. ~ ClT'~LERK ~ey'~E~io~ Resolution No. 04-333 Page 2 It was moved by Champ'i on and seconded by Ba'i 1 ~_? the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X EIliott × Lehman X O'Donnell X Vanderhoef X Wilbum Prepared by: Sarah E. Swartzendruber One South Gilbert Street (319) 466-1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358-5560 Address tax statement: City of Iowa Ci[y, 410 East Washington Street, Iowa City, IA 52240 WARRANTY DEED (CORPORATE GRANTOR) In consideration of one dollar and other valuable consideration, Arlington Development, Inc., an Iowa corporation organized and existing under the laws of the State of Iowa, does hereby convey to City of Iowa City, the following described real estate located in Johnson County, iowa: Outlot "J", Windsor Ridge - Part Twelve, in accordance with the Plat thereof recorded in Book 41, at Page 55 of the Records of the Johnson County Recorder's Office. The described real estate is conveyed subject to zoning, easements, covenants and restrictions of record in the office of the Recorder of Johnson County, Iowa. The Corporation hereby covenants with Grantee and successors in interest, that it has lawful authority to transfer and convey the real estate; that Grantor holds title to the real estate in fee simple; and that the real estate is free and clear of all liens and encumbrances, except as may be stated above. Grantor does further hereby covenant with Grantee, and successors in interest, to warrant title and defend the real estate against the lawful claims of all persons or entities except as may be stated above. ARLINGTON DEVELOPMENT, INC. ~ Gary D. Watts, P~resident /~ t5 L¥ohn W. Moreland, Jr:, Secretary ~ STATE OF IOWA, JOHNSON COUNTY, ss: This instrument was acknowledged before me on this ~ 7 ~'t~day of 0c'//r~¢/' ,2004 by Gary D. Watts and John W. Moreland Jr., as President and Secretary, respectively, of Arlington Development, Inc. ~ C, em~aim ~ Notary Public in and for said state Prepared by: Sarah E. Holecek, Asst. City Atty., 4t0 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 04-334 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PRIVATE COMMON DRIVE, PUBLIC UTILITY, STORMSEWER AND DRAINAGE EASEMENT LOCATED ON LOT 8 AND OUTLOT F, REPLAT OF PENINSULA NEIGHBHORHOOD FIRST ADDITION, IOWA CITY, IOWA, AND TO APPROVE AND EXECUTE A SUBSTITUTED PUBLIC UTILITY, STORM SEWER AND DRAINAGE EASEMENT AGREEMENT FOR THE SAME PROPERTY WHEREAS, Outlot F and portions of Lot 8 of the Replat of the Peninsula Neighborhood First Addition currently contains a Private Common Drive, Public Utility, Storm Sewer and Drainage Easement over much of its area; and WHEREAS, the owner and developer, Peninsula Neighborhood Builders, has submitted a site plan for development of the subject property and the adjoining Lot 8, which requires reconfiguration of the existing easements and excludes the provision of alley access through the property; and WHEREAS, given that alley access through Outlot F to adjoining properties is not necessary, and to increase flexibility in locating development on the above property, the owner has requested the City release the existing easements upon the provision of easements necessary for development infrastructure, said easements to be release designated and described on the plat attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the owner has agreed to enter into a new Public Utility, Storm Sewer and Drainage Easement Agreement, which is attached hereto and incorporated by reference herein, providing the City with substituted easements as designated and described on the plat attached hereto as Exhibit "B" and incorporated herein by this reference; and WHEREAS, Public Works recommends release of the existing easements and the execution of a substituted easement agreement to facilitate the construction proposed under the site plan; and WHEREAS, it is in the public interest to release the existing easements and enter into a substituted Public Utility, Storm Sewer and Drainage Easement Agreement for the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it is in the public interest to release the existing Private Common Drive, Public Utility, Storm Sewer and Drainage Easement and to enter into the Public Utility, Storm Sewer and Drainage Easement Agreement attached hereto, which is hereby approved as to form and content. 2. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the Private Common Drive, Public Utility, Storm Sewer and Drainage Easement Resolution No. 04-334 Page 2 depicted and described in Exhibit "A" attached hereto and incorporated by reference herein, and the mayor is hereby authorized to sign, and the City Clerk to attest, a release of said easements sufficient for recordation. 3. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Public Utility, Storm Sewer and Drainage Easement Agreement. 4. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached Exhibits "A" and "B", the attached release, and the attached Public Utility, Storm Sewer and Drainage Easement Agreement, said recording costs to be paid by Peninsula Development Company, EEC. Passed and approved this 7th day of December ,2004. MAYOR Resolution No. 04-334 Page 3 It was moved by Champ~ on and seconded by Bai 1 ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RELEASE OF PRIVATE COMMON DRIVE, PUBLIC UTILITY, STORM SEWER AND DRAINAGE EASEMENT The City of Iowa City, Iowa, does hereby release the property described and designated as "Private Common Drive, Public Utility, Storm Sewer and Drainage Easement", whether denoted solely or in conjunction with another easement, on the Replat and Final Plat of the Peninsula Neighborhood First Addition, and as described and designated on Exhibit "A", (vacating easement) which is incorporated by this reference, from a lien or cloud upon the title placed thereon by the easements granted to the City, such easement grants being by instruments recorded in Book 3209, Page 321 et seq. of the records of the Johnson County Recorder's Office. The City retains all other easements of record. CITY OF IOWA CITY, J~A ~ Ernest W. Lehman, Mayor Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this '7 day of December, 2004 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 be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa o D RAE FORT J n Number 1597911 I'.,~._'l I~y _Cqm.m[ssi9n Expires J L' ~°-'~1 -~"7/°~' I PREPARED B~ BRUCE LOGEMANN L,S,, McCLURE ENGINEERING CO, 400 SE DELAWARE, ANKENY, IOWA 50021, 515-964-1229 VACATING EASEMENT EXHIBIT 'A' CURRENT EASEMENT CONFIGURATIDN FOR LOT 8 AND OUTLOT 'F' AS RECORDED IN THE OFFICIAL REPLAT BF PENINSULA NEIGHBORHBUD FIRST ADDITION TO BE VACATED S 85', I ~ 0.43 AC. S85'45'39"E 262.41'  FOSTER ROAD S85'45'39-E 238,31' ~. ~ -53. q0' PROPRIETORS: PENINSULA NEIGHBORHOOD NO~FH GRAPHIC SCALE ..O~CT: PENINSULA NEIGHBORHOOD 1ST ADD. (VACATING EASE.) P.O0~CT.O.: iOWA CITY, ~OWA ,_. lAC,~74009 705 F~s~ Avenue North 400 SE DelawareAvenue 1150 5Ih St., Suite 270 Fort Dodge, Iowa 5050~ Ankeny. Iowa 50021 Oor~lville, Iowa 5~241 -- 5~5-576~7155 515-96~-1229 81g-338-~44g Prepared By: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319) 356-5030 PUBLIC UTILITY, STORM SEWER AND DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT, is hereby made by and between Peninsula Development Company, L.L.C., as Owner and Subdivider (hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal corporation and regulatory authority (hereinafter "the City"), which expression shall include their successors in interest and assigns. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, a utility, storm sewer and drainage easement for purposes of excavating for and the installation, replacement, maintenance and use of general utilities, including those necessary for the transmission of electricity, gas, telephone and television cable, as the City shall from time to time elect or require, and for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer lines, pipes, mains, conduits, swales and drainageways as the City shall from time to time elect for conveying storm water, together with all necessary appliances and fittings for use in connection with said installations, and adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across those areas designated as, either singularly or in conjunction with another easement, "public utility, storm sewer and drainage easement" and/or "drainage easement" and/or "public utility easement", and legally described on the Easement Plat attached hereto as Exhibit "B", depicting Lot 8 and Outlot F of the official replat of the Peninsula Neighborhood First Addition, Iowa City, Iowa (hereinafter "easement areas"). Owner further grants to the City the following rights in connection with the easement: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to the utilities, storm sewer and/or drainage lines, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and shall repair any damages caused by the City within the easement areas. The City shall indemnity the Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City or its agents or employees in the course of their employment. Except as expressly provided herein, the City shall not have responsibility for maintaining the easement areas. The Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Owner may place trees and/or fences in the easement areas upon the written approval of the City. However, fences and/or trees placed in the easement areas, with or without City approval, may be removed by the City without compensation or replacement. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue in this easement. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said improvements. Parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. SIGNED this /~ dayof /~/~¢e. ~ & ,200~____. PENINSULA DEVELOPMENT COMPANY, LLC. OWNER/SUBDIVIDER Barry Kemper, President CITY OF IOWA CITY, IOWA AS REGULATORY AUTHORITY BY: Ernest W. Lehman, Mayor ATTEST: Marian K. ¢(a~ City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 12.. day of )..,)~-..~,.-~ ,200~.'~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Barry Kemper, to me personally known, who being be me duly sworn, did say that he is the President of Peninsula Development Company, L.L.C., a Michigan limited liability company, and that said instrument was signed and sealed on behalf of said limited liability company by authority of its managers and the said Barry Kemper acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Ndtary Pu/Ip~n ~'fid~'the S~te~f Iowa COMMiSSiON # 4.9.23 I COMMiSSiON E P*RES STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this "r day of _.~¢~.z;__, 2oo_~_., 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 be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. III~'~''. I SONDRAE FORT I I~i~,~lcomm~ssion Number 1597911 Notary Public in and for the State of Iowa I'~,. '1 My Corpmission Expires PREPARED BY: BRUCE LOGEMANN L.S., McCLURE ENGINEERING CO. 400 SE DELAWARE, ANKENY. IOWA 5002% 515-964-1229 EXHIBIT 'B' PROPD§ED EASEMENT CONFIGURATION FOR LOT 8 AND OUTLOT F IN THE OFFICIAL REPLAT OF PENINSULA NEIGHBORHOOD FIRST ADDITION LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PM,, JOHNSON COUNTY, IOWA PUBLIC UTILITY, STORM SEWER AND DRAINAGE EASEMENT DESCRIPTION: BEGINNING AT THE NW CORNER OF OUTLOT 'F' IN THE OFFICIAL REPLAT OF PENINSULA NEIGHBORHOOD FIRST ADDITION; THENCE S 65°31'4B' E, 166~0B' ALONG THE NORTH LINE OF OUTLOT 'F'; THENCE S 24°~8'18' W, 20,00 FEET; THENCE N 65°31'44' W, 64.88 FEET~ THENCE N 85°45'39' W, 87,99 FEET; THENCE N 04°14'2i' E, 53,74 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 0,11 ACRES DRAINAGE EASEMENT DESCRIPTION~ BEGINNING AT THE NE CORNER OF OUTLOT 'F' IN THE OFFICIAL REPLAT OF PENINSULA NEIGHBORHOOD FIRST ADDITION; THENCE S 04'14'~1' W, 15,77' ALONG THE EAST LINE OF OUTLOT 'F'; THENCE 3 76°i4'45' E, 48,58 FEET; THENCE N 85°45'39' W, 61,89 FEET; THENCE N ~4°B8'18' E, 16,70 FEET; THENCE S 65'3i'48~ E, 30,00 FEET; THENCE N 76'i4'45' E, 8~,51 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 0,03 ACRES t5' PUBLIC UTILTIY EASEMENT DESCRIPTION= THE NORTHERLY 15 FEET OF THE EAST 112 FEET OF OUTLOT F IN THE OFFICIAL REPLAT OF PENINSULA NEIGHBORHOOD FIRST ADDITION CONTAINING 0,04 ACRES U¢iiiCy, S¢orm Sewee and Drainage Dpainage Ecsement ~ S~4'~B'IB'W P.D.B. 0.00' HOOD S85'45'39"E 262.41' b ~ ~' 25' O FOSTER ROAD GRAPHIC SCALE PROPRIETORS: PENINSULA NEIGHBORHOOD ~ - EASEMENT AS "OT[O NO/?/--/'/ A ~V ~ID ~ lUI~I ~1 ~ ~ ~ ~ IT~ ~ ~W~ ~ ~ IN FEET ~ s,~ ~ ~ o~,: // //~ /0¥ 1 inch = 40 ft. .................. / IcC L U R E M E Cr~ulll~ ~ m ~.O~CT: PENINSULA NEIGHBORHOOD 1ST ADD. ( EASEMENT) ~.o0[c~.o.: ~OWA CITY, ~OWA ~ lAC,574009 705 FiCs~ Avenue No~th 400 SE Delowore Avenue 1150 5th St., Suite 270 ~BDL ~SHEET: Fo~t Dodge, [ow~ 5050~ Ankeny, Iowo 50021 Coralville, Iowa 52241 ~~ 5~5-576-7155 515-964-1229 319-338-2449 ' DATE:11Z16ZO'' EX--B Cox 5t5-576-4~35 fox 515-964-2570 fax 319-338-2487 Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-335 RESOLUTION APPROVING OF A NOTICE OF USE RESTRICTION FOR THE WATERWORKS PARK PRAIRIE RESTORATION, WHEREAS, The City previously entered into a grant agreement with the Iowa Department of Natural Resources for receipt of a grant in the amount of $80,350, the purpose of which was to establish a native prairie area at the Waterworks Park Facility. WHEREAS, Pursuant to that agreement and State law, in order to receive final payment on the grant, the City needs approve, submit and record a Notice of Use Restriction on the property, a copy of which is attached hereto; WHEREAS, the Notice of Use Restriction provides for repayment of the grant in the event the property is sold by the City; WHEREAS, the City Council finds it in the best interests of the City to approve, submit and record the Notice of Use Restrictions as contemplated by the grant agreement and State law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council hereby approves in form and substance the attached NOTICE OF USE RESTRICTIONS IMPOSED BY STATE ADMINISTRATIVE RULE ON CERTAIN REAL ESTATE and the City Clerk is hereby authorized to record the same with the Johnson County Recorder at City expense. Passed and approved this 7th dayof December ,20 04 . MAYOR Approved by CITY bLERK ' ' C~it~ A~ttorney"~ Office - Resolution No. 04-335 Page 2 It was moved by £hampi nn and seconded by Ba i ! ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum Prepared By: Kathleen Moench, IDNR, Wallace State Office Bldg., Des Moines, la 50319 515-281-3013 When Recorded Return a Cop~' to: IDNR, Wallace State Office Bldg., Des Moines la 50319 NOTICE OF USE RESTRICTIONS IMPOSED BY STATE ADMINISTRATIVE RULE ON CERTAIN REAL ESTATE Notice is hereby given that on December 1~ 2003, an agreement was made between the Iowa Department of Natural Resources and the City of Iowa City, Johnson County, Iowa to provide state funds for the acquisition or development of real estate legally described as: DESCRIPTION: #04-R4-MR, Waterworks Prairie Restoration (See Legal Description Attached) The state funds provided by the above-mentioned agreement were appropriated pursuant to the Iowa Resources and Enhancement, Chapter 455A, Code of Iowa and administered pursuant to the Resource Enhancement and Protection Program: County, City, and Private Open Spaces Grant Programs, Chapter 33, Iowa Administrative Code. This rule imposes the following restrictions on use of the above-described real estate: 33.17(2) Land Disposal. Whenever the department, and, if a city or county, the grantee, determine that land acquired or developed with resource enhancement and protection thnd assistance is no longer of value for the program purposes, or that the grantee can show good cause why the land should no longer be used in accord with the approved project purpose; the land may be disposed of with the director's approval and the proceeds therefrom used to acquire or develop an area of equal value, or all grant fimds shall be returned to the state for inclusion in the account from which the grant was originally made. If land acquired through the private grant p,'ogrm~ is determined to be no longer of'inte~ast by the 3tatc, the Freposed dispersal of the property shall be reviewed by the grantee, and the grantee shall have the first right of refusal on an option to take title to the property in question. The notice will be filed by the City of Iowa City, Johnson County, Iowa in the office the Recorder of the county in which the subject real estate is located. IOWA DEPARTMENT OF NATURAL RESOURCES State Capitol Complex Des/k'foines, Iowa 50319-0034 Date Title: Liz Christiansen, Deputy Direc'~f~or STATE OF IOWA } } SS: COUNTY OF POLK } On November 15, 2004, A.D., before me, the undersigned, a Notary Public in and for the state of Iowa. personally appeared Liz Christiansen, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that the said Director of the Iowa Department of Natural Resources and that the Director, or the Director's designee, executed the instrument as the voluntary act and deed of the Department and of the Director. NoyARv/~J~LIC in and for the state of Iowa Commencing at the Southeast Cc~ner of the Southeosi~ Quarter of Section .33, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89'59'29"W, o recorded bearing along the Sou'ch Line of said Section 35, 1527.00 feet, to the Southeast Corner of the Southwest Quarter of said Southeast Quarter of Section 3.3; Thence NOO°¢7'57"E, along the East Line of said Southwesf. Quarter of the Southeast Quarter of the Southeast Quarter of Section 33, 100.15 feet, to its intersection with the Northerly Right-of-Way Line of Interstste Highway No. 80, end which point is the Point of Beginning; Thence S75'0¢'41"W, along said Northedy Right-of-Way Line, 39.32 feet, to on iron right~of-woy rail tound; Thence S82'11'39"W, along said Northerly Right-:of-Way Line, 300,43 feet, to on iron right-of-way rail found which is 150,00 feet, radially distant northwesterly of said Highway centerline et station 899+00; Thence NBB'57'52"W, along said Northerly right-of-way Line, 871.31 feet, to en iron right-of-way roil found, which is 220.00 feet normally distant northerly of said Highway centerllne et stotlon 890+00; Thence S80'2¢'27"W, 121~06 feet, to a point on the East Line of the Southwest Quarter of said Section 3`5, which is 200.00 feet, normally distant northedy of said hlghwoy contadina; Thence SBO'48'lB"W, along said northerly right-of-way line, 183.7.3 feet, to e point et its intO'section with the south llne of said Section .33, which is 170.00 feet normslly distant northerly of Interstate centedine station 887+00; Thence NBB'59'29"W, along said South Line of Section which line is else the northerly right-of-way line of Interstate Highway No. 80, 1577.87 feet, to its intersection with the Easterly Top of Bank of the Iowa River; Thence Meandering along sold Eosterty and Southerly Top of Bank the fei[owing courses: N11'34'34"W, 512.22. feet, to an iron pin set; Thence N10'25'lY"W, 495.00 feet, to on iran pin set; Thence NOB'O6'41"W, 715.22 feet, to an ~ron pin set; Thence NO$°48'OO"W, 387,54 feet, to on iron pin set; Thence NO3'48'14"E, 335.82 feet, to on iron pin set; Thence N18'OS'O7"E, 371.37 feet, to on iron pin set; Thence N35'35'12"E, 269.30 feet, to an iron pin set; Thence N4`4'15'59"1"o 219,68 feet, to an iron pin set; Thence N52*45'33"E, 152.45 feet, to on iron pin set; Thence N56'45'll"E, 18¢.92 feet, to on iron pin set; Thence N66'36'40'E0 187,99 feet, to an iron pin set; Thence 589'46'47"E, 250.93 feet, to on iron pin eat; Thence 3,29.27 feet, to on iron pin set; Thence S71'51'07"E, 180,42 feet, to on iron pin set; Thence S65'15'40"E, 207.15 feet, to on iron p~n set; Thence S61'4.3'01"E, 211.82 feet, to on iron pin set; Thence S67'54'08"E, 594..85 feet, to an iron pin set; Thence S74.'11'04"E, .304-.3.5 feet, to f. he Northwesterly corner of the Parcel, conveyed by Warranty Deed, recorded in Book .599, et Page 348, of the Records of the Johnson County Recorder's Office; Thence $14'4.0'37"W, 104.94 feet, to the Southwesterly Corner of said Conveyed Parcel; Thence S73'57°4`B"E, 152.65 feet, along the southeH¥ )Jne of said conveyed parcel; Thence S45°44'5.3"E, .58.00 feet, to a point which is 78,00 feet, normally distant Northwesterly o~ the Former Westerly Right--of-Way Line of U.S. Highway No. 218, now known os Dubuque Sb-eet, (3t the Southeasterly Corner of said Conveyed Parcel; Thence N14'40'37"E, along o line por~lleJ with said Westerly Right-of-Way Line, 12.3.00 feet, to its intersection with said Southerly Top o~ _B.c. nk of the Iowa River, et the Northeasterly Comer of said Conveyed Parcel; Thence S73'57 48 E, ~long sold Top of Bank, 46.75 feet, to on iron pin set et its intersection with the Westerly ,Right-of-Way t3ne of' Norf. h Dubuque Street, of. the Northwesterly Corner of the parcel acquired by Condemnation Proceedings in the nome of ~3hnson County, tow<3, end recorded in Book 1097, at Page 52 of the records of the Johnson County Recorder's Office Thence S08'02'.55"W, along sold westerly r ght--of-woy llne 81.58 feet;~ Thence N81'57'25"W, along sc d westerly right--of-way llne,.25.`52 feet;, Thence S08'02'~5"W, tong said westedy rght-of-woy line, 20 O0 feet: Thence N88'`59'10 E, clang se~d westerly righf.--of--woy llne, z+.2.5 feet; Thence S~g':51'28"E, along the southerly line of said condemnation pa,-col; 45.11 feet; Thence S81'57'25"E, along said southerly line, 6.25 04- feet, to its southeasterly corner thereof, on the former centerHne of said North Dubuque Street; Thence S08'02'39"W, (31or~g s<~id centerline, 72.78 fe~t; Thence Southeasterly, 84`5,4-5, feet, <3long sold contadina, on a '996.44` foot ~odlus curve, concoYe northe~ssterly, whose 820.32 foot chord bears S16'15'46'E; Thence $4.0'34'11"E, along said centerllne, 155.57 feet; Thence Sou~hessterly, 132.98 feet, along a g55.00 root radius curve, concave northeasterly, whose 1.32.88 foot chord beers S¢4'33'.5.5'E; Then~.e S4.9'54`'47"E, along said former centerline, 61.90 feet, to its- intersection with the East Line of the west one--half, of said Southeast Quarter of Section 331 Thence S00'47'.57"W, sold East Lne' 63 O~:- feet, to~: point qn the southerly RIgt~t-of--Way Line of said I~orth Dubuque Street; Thence Southeaster y, .512 O0 feet along so d souther y R ght-of-woy Line on a 2.34.2.00 foot rod~us curve, concave northeasterly :%hose 511.77 foot chord bears S5520 15 Et; Thence ssg'og'14."E, alone said sOuthe~y (ight-~of:-woy I)ne~ 109.0.5 feet; THence. S53'20'38"E along said.southerly right-of-way lin~, 4.58 feet, .to the Northeast. Corner of the POrcel, the Plot Of Survey of which is recorded in Plot Baal< 11, at Page 26, of the records of th~ Johnson County Recor~:ier's Office; Thence 503'21'14 along the easterly llne of sold surveyed parcel, 25.4`5 feet, to an iron pin found; Thence S40'44'44"E, along said easterly line, 12.3.47 feet, to an iron pin found; Thence $0.5'15'4.4"1E, along said easterly line, 46.82 feet, to an iron pin found; Thence S4.0'26'16"W, along said easterly line, 254.19 feet, to an iror pin fou, nd; Thence S05'42'.56"W, along said easterly llne, 1.38.07 feet, to on iron pin found; Thence S65'31 26"W, song sod easterly llne 288.13 feet, to on iron pin found at [he southwesterly corner said surveyed parcel; Thence N88'Sg'28'W, 9..36 feet. to a point on said ~'ast Line of the west one- half, of said Southeast Quarter of Section 33; Thence S00'4-7'57"W, alan9 said East Line. 537.33 feet to the Point of Beginning. Said tract of land contains 227.98 acres, more or less, and is subject tc easements end restrictions of record. RESOLUTION NO. 04-336 RESOLUTION ADOPTING IOWA CITY'S CONSOLIDATED PLAN, KNOWN AS CITY STEPS, FOR 2006-20i0, AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN, TECHNICAL CORRECTIONS AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit a Consolidated Plan known as CITY STEPS to plan for the coordinated use of federal, state, and local funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has held a series of public meetings on the needs of Iow income residents; and WHEREAS, the City has disseminated information, received public input and held at least one public hearing on the Consolidated Plan; and WHEREAS, the Consolidated Plan outlines a five-year strategy to address the City's goals for housing, jobs, and services; and WHEREAS, adoption of the Plan will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Consolidated Plan and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City Consolidated Plan for 2006-2010, on file in the Planning and Community Development office, be and the same is hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Consolidated Plan for 2006-2010 to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications and technical corrections required by the U.S. Department of Housing and Urban Development in connection with said Plan. 3. The City Manager is hereby designated Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City Consolidated Plan 2006-2010. Resolution No., 04-336 Page 2 Passed and approved this 7th day of December ,2004. MAYOR Appro_gy..ved by CITg-CLERK City Attorney's Office It was moved by BAiley and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAT N: X Bailey · X Champion X Elliott X Lehman X O'Donnell X Vanderhoef Wilburn X Prepared by Kathi Johansen, Admin. Asst. to the City Manager, 410 E. Washington St,, Iowa City, IA 52240, 356-5010 Resolution No. 04-337 RESOLUTION APPROVING THE 2004-2005 DEER MANAGEMENT PLAN FOR IOWA CITY WHEREAS, the City of Iowa City has conducted a study of deer herd population and management options; and WHEREAS, the City of Iowa City has determined that steps must be taken to develop and implement a deer management plan that is designed to provide needed relief and protection for the environment, property owners, and motor vehicle operators within the corporate limits of Iowa City; and WHEREAS, the Deer Task Force has thoroughly reviewed the deer population problem in Iowa City and made recommendations on the best methods to resolve this problem; and WHEREAS, the City of Iowa City has adopted a long-term deer management plan; and WHEREAS, the attached deer management plan for 2004-2005 is in harmony with the long-term plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that it is in the public interest to adopt the attached 2004-2005 Deer Management Plan and the City Manager is hereby authorized and directed to take all actions necessary to implement said plan. December Passed and approved this 7th day of __/~ /__7,200_¢.~y Approved by ATTEST: '~'/~;~'~' Z~- ~'/~ ~~'~ ((~¢O CIT'f~LERK ' - City Attorney's Office It was moved by 6hampion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYES: ABSENT: X Bailey X Champion X Elliott × Lehman X O'Donnell X Vanderhoef X Wilburn Mgr\res\deerplan05.doc REP Iowa City Deer Task Force TABLE OF CONTENTS DEER TASK FORCE ............................................................................................................................................................... 1 LONG-TERM DEER MANAGEMENT PLAN ..................................................................................................................... 2 INTRODUCTION ..................................................................................................................................................................... 3 2004-2005 DEER MANAGEMENT PLAN ............................................................................................................................. 4 DETERMINING IF DEER SHOULD BE KILLED IN 2004-2005 ....................................................................................... 5 Population Surveys ............................................................................................................................................................ 6 DNR Projections ................................................................................................................................................................ 9 Recommended Number of Deer to be Removedl .............................................................................................................. 10 SUMMARY OF POPULATION MANAGEMENT OPTIONS THE TASK FORCE CONSIDERED .............................. 12 No Lethal Action .............................................................................................................................................................. 12 Control of Deer Reproduction via Contraception and Sterilization ................................................................................ 12 Trap (or DarO and Relocate ............................................................................................................................................ 12 Bow Hunting .................................................................................................................................................................... 13 Trap and Kill .................................................................................................................................................................... 14 Sharpshooting ................................................................................................................................................................... 15 TRAFFIC SAFETY ISSUES ................................................................................................................................................ 17 Deer- Vehicle Accident Statistics ...................................................................................................................................... 17 Reflectors ......................................................................................................................................................................... 17 Traffic Speeds ................................................................................................................................................................... 17 EDUCATION AND OTHER NONLETHAL INITIATIVES FOR IMPROVED HUMAN-DEER COEXISTENCE ........ 18 Completed and Current Projects ...................................................................................................................................... 18 Ideas for Future Consideration ........................................................................................................................................ 19 HISTORY OF DEER MANAGEMENT IN IOWA CITY - 1997-2005 ............................................................................. 19 1997-1998 .................................................. i .......................................................................................................................... 19 1998-1999 ............................................................................................................................................................................. 20 1999-2000 ............................................................................................................................................................................. 21 2000-2001 ............................................................................................................................................................................. 21 2001-2002 ............................................................................................................................................................................. 22 2002-2003 ............................................................................................................................................................................. 23 2003-2004 .................................................................................................................................... 23 2004-2005 .................................................................................................................................... 23 COMMONLY ASKED QUESTIONS AND TASK FORCE ANSWERS .......................................................................... 23 DEER TASK FORCE Members Pat Farrant (Chair) Janet Ashman Linda Dykstra Harold Goff Peter Jochimsen Martin Jones Alan Nagel Pete Sidwell Biologist/Scientist (Vacant) Responsibilities To annually recommend to the City Council a Deer Management Plan that meets the goals of the Long- Term Deer Management Plan. To that end, members should review data (population count, deer- vehicle accidents, reflector effectiveness, previously implemented population control programs, herd health), review current and recommend future educational tools, review and consider all non-lethal and lethal management methods, and recommend appropriate action. The members of the 2004-2005 Iowa City Deer Task Force acknowledge that we are not wildlife specialists, traffic engineers, mathematicians, or politicians, but rather citizens who have come together to address an important matter facing our community. We developed this plan after researching options for deer management, considering documented evidence, gathering information about other communities in comparable situations, receiving advice from the Iowa Department of Natural Resources, listening to the opinions and experience of fellow citizens, and exploring our perceptions of the kind of plan likely to be both accepted by and effective for the community. We believe it is unlikely that every component of any deer management plan would be accepted by every member of the Task Force or every resident of Iowa City. This plan is a compromise, the product of our attempt to understand and respect many different voices. City of Iowa City Advisors Department of Natural Resource Advisors Brian Krei (Police) Tim Thompson Kathi Johansen LONG-TERM DEER MANAGEMENT PLAN 1. The City of Iowa City will develop an educational program that will provide residents with information on deer habits and guidelines for limiting localized deer damage through the use of screening, alternative plantings, and other techniques. The City's comprehensive management plan will be included. Educational materials will be distributed through a variety of methods including public informational meetings, pamphlets, and government television programs. 2. The City of Iowa City will evaluate the need for and, where appropriate, install or petition the State or County to install on roadways under their jurisdiction warning signs and/or reflectors that may reduce the likelihood of vehicle-deer accidents. The City will prepare annual reports on effectiveness of deer reflectors. In addition, thoughtful consideration will be given to deer migratory paths as transportation improvement projects are approved by the City Council. 3. In order to prevent irreparable damage to the ecosystems in Iowa City and to prevent significant injury or damage to persons or property, the City Council has set the maximum deer population density to be thirty-five per square mile per City-designated management district. Actual numbers are to be collected via helicopter count. 4. In order to implement its long-term population goal of thirty-five deer per square mile per management district, the City of Iowa City formally requests that the Natural Resource Commission approve a rule establishing a special deer population management area for Iowa City to the following conditions, limitations, and procedures: a. The special deer management area is defined as all public and private land in Iowa City as designated by the City Council of Iowa City. b. The City is allowed to kill as many deer as the City determines necessary to reach its desired goal. Killing may occur between September 1 and February 28. (1) The City is allowed to utilize sharpshooting with centerfire rifles for the killing of deer. Bait may be used to attract deer to the sites. The City shall determine locations, training, and all other conditions for the sharpshooting activities. The City shall also comply with all applicable state laws. (2) The City is allowed to utilize City personnel to use baited traps to capture and kill deer in locations determined by the City Council. (3) All deer killed by sharpshooting and/or trapping operations are to be processed for human consumption and distributed free of charge. Processing lockers participating in the plan will be allowed to keep and utilize the deer hide. (4)No licenses will be required for the City and no fees will be charged. c. The City will initially utilize sharpshooting over bait and trap-and-kill to reduce the number of deer in each management district to the goal of 35 deer per square mile. By the end of the initial reduction plan, it is projected that the deer population will be to a level that requires maintenance rather than aggressive reduction. The City will strongly encourage use of non-lethal methods to maintain deer numbers but recognizes that killing of deer may be necessary to maintain the population goal. 5. The Deer Task Force will convene each spring to review educational material, deer population numbers (current and projected), and management options, and to recommend methods to kill deer. Any or all legal lethal methods available (currently consisting of sharpshooting, trap-and-kill, and bow and arrow hunting) may be utilized after the initial reduction plan if the methods meet the following criteria: 1) public safety, 2) community acceptance, 3) effectiveness in maintaining the desired number of deer. 6. Task Force recommendations must be approved by the City Council following public hearing prior to initiation of City management plans. Annual plans approved by the Council will be forwarded to the Department of Natural Resources and, if necessary, the Natural Resource Commission for authorization to implement. INTRODUCTION The members of the 2004-2005 Iowa City Deer Task Force affirm our concurrence with the goals of the City's Long-Term Deer Management Plan. We agree that deer management within the city limits is a necessary duty of the City to maintain the health of the herd, to prevent irreparable damage to plant and animal life in the ecosystems of the natural areas in the City, to protect citizen safety and welfare, and to prevent major deer damage to public and private property. Because managing deer-human-ecosystem interaction is an ongoing process, each year the City must gather information and evaluate the outcomes of the implementation of the long-term plan. As have previous committees, we value the presence of deer in the city limits and are recommending a number of ways to encourage citizens to become better educated about ways to coexist with deer. We do not recommend total elimination of deer in the city limits. But it is clear that the presence of high numbers of deer in areas in the city limits may endanger human lives because of deer-vehicle accidents, cause destruction of landscaping and yard plantings, and further disrupt already altered ecosystems. Natural habitat for many types of wildlife in the Iowa City area is being continuously reduced as previously rural land is developed for housing and commercial purposes. In a natural setting, the size of a deer population depends on food sources, predators, hunting, and wildlife management practices. Inside the city limits, deer have an abundant supply of food and no natural predators. Starvation and disease will have little effect on the deer population. After reviewing the results of the most recent deer population survey, we concluded that killing of deer is necessary within the iowa City corporate limits for the winter of 2004-2005. We recommend the killing of no more than 282 antlerless deer. We also agreed the City should pursue a number of other nonlethal methods, discussed in subsequent sections of this report. 3 INTRODUCTION The members of the 2004-2005 Iowa City Deer Task Force affirm our concurrence with the goals of the City's Long-Term Deer Management Plan. We agree that deer management within the city limits is a necessary duty of the City to maintain the health of the herd, to prevent irreparable damage to plant and animal life in the ecosystems of the natural areas in the City, to protect citizen safety and welfare, and to prevent major deer damage tq, public and private property. Because managing deer-human-~cosystem interaction is an ongoing proces~ each year the City must gather information and evaluate the?tcomes of the implementation of the Iong-teri~lan. As have previous committees, we v~l~e the presence of deer in the city limits and are./re..c, om, mending a number of ways to encourage citizens'*~ become better educated about ways to coexi~'with deer. We do not recommend total elimination of deer ~the city limits. But it is clear that the prese.n~, of high numbers of deer in areas in the city limits may en~l~nger human lives because of deer-ve~cle accidents, cause destruction of landscaping and yard planting~ and\ further disrupt already altered/,e'~'systems' Natural habitat for many types of wildlife in the~[owa City area is being continuously reduced as previously rural land is developed for housing and comrr~rcial purposes. In a natural//setting, the size of a deer population depends on food sources, predators, h~nting, and wildlife nr ~nage/'nent practices. Inside the city limits, deer have an abundant supply of food and no~atural predators, ita~/~tion and disease will have little effect on the deer population. ~ / After reviewing the results of the most recent deer pol~Jlation survey, (Ne concluded .....that killing of deer is necessary within the Iowa City ~e limits for the wirier ¢ 35. We recommend the killing of no more than 282 deer. We also agreed the City should pursue a number of other\ methods discussed in subsequent sections of this report. 2004-2005 DEER MANAGEMENT PLAN It is the unanimous recommendation of the 2004-2005 Iowa City Deer Task Force that the City Council of Iowa City resolve that the City Manager is authorized and directed to implement the 2004-2005 Deer Management Plan, including the following elements: 1. The City will continue to assemble resources that provide residents with information on deer and offer guidelines for limiting localized deer damage through the use of repellents, screening, alternative plantings, and other techniques. Educational materials will be available at City Hall and the Public Library, on City Channel 4, and on the City web site (www.icgov.org). A video on deer-traffic issues will be produced. 2. The City will continue to maintain appropriate warning signs and reflectors designed to reduce the likelihood of vehicle-deer accidents. To further minimize deer-vehicle conflict, Council will direct staff to consult with a qualified professional to evaluate feasibility of passageways under roads in planning and designs for transportation improvement projects. The City will also investigate the availability of federal funds for including such passageways in eligible transportation projects. 3. The City will actively work with the Department of Natural Resources (DNR) to fully understand and support their efforts to control the deer population for which the DNR is responsible and which affects the health, safety, and welfare of Iowa City residents. 4. The City of Iowa City will continue to inquire from qualified scientists the feasibility of a deer contraception pilot project or program in Iowa City. 5. The City will continue to compile data for deer management, including but not limited to information about vehicle-deer accidents, citizen comments, and an annual helicopter deer count. 6. The City will immediately apply for permits from the DNR to implement a plan to kill no more than 282 antlerless deer within the Iowa City corporate limits, by sharpshooting, during the winter of 2004-2005. a. To enhance understanding of deer reproductive rates, in cooperation with the DNR, the sharpshooting agency, and meat processors, the City will allow reproductive necropsies to be performed on deer killed. b. The City will fully comply with all state law governing the killing of deer, exercise great caution and observe all possible safety measures during the sharpshoot, assure use of the most humane methods available, and arrange for free distribution of processed deer meat. 7. The Task Force will evaluate the effectiveness of this Deer Management Plan. A report will be filed with the DNR. 8. As the Iowa City Deer Task Force "sunsets" in March of 2007, the Task Force will formulate for the City Council a recommendation on continuance. 4 2004-2005 DEER MANAGEMENT PLAN It is the unanimous recommendation of the 2004-2005 Iowa City Deer Task Force that the City Council of Iowa City resolve that the City Manager is authorized and directed to implement the 2004-2005 Deer Management Plan, including the following elements:  he City will continue to assemble resources that provide residents with information on deer and offer delines for limiting localized deer damage through the use of rep.llents//scr{,en ng, alternative gs, and other techniques. Educational materials will be available at/City Hall and the Public n City Channel 4, and on the City web site (www.icgov.org). A vide5 on deer-traffic issues will / ntinue to maintain appropriate warning signs and refl)~ctors designed to reduce the le-deer accidents. To further minimize deer-vehicle (~nflict, Council will direct staff to d professional to evaluate feasibility of passage~,a, ys under roads in planning and ion improvement projects. The City will also i~.v .stigate the availability of federal ssageways in eligible transportation proj/ercts. ith the Department of Natural Re. ~urce.; (DNR) to fully understand and the deer population for which th DNR is responsible and which affects the health, safety, and City residents. 4. The City of Iowa will ~ue to inquire from scientists the feasibility of a deer contraception pilot proj in Iowa City. 5. The City will continue to compile deer including but not limited to information about vehicle-deer accidents, citizen helicopter deer count. 6. The City will immediately apply for pe to implement a plan to kill no more than 282 deer within the Iowa City corporate limits, during the winter of 2004-2005. a. To enhance understanding of deer rates, in cooperation with the DNR, the sharpshooting agency, and meat 7, ity will allow reproductive necropsies to be performed on deer killed. b. The City will fully comply with all law governing of deer, exercise great caution and observe all possible safety during the shar assure use of the most humane methods available, and arrange deer meat. 7. The Task Force will evaluate the ;ness of this Deer Manager A report will be filed with the DNR. 8. As the Iowa City Deer Task "sunsets" in March of 2007, the ~ will formulate for the City Council a rec¢ ~nce. DETERMINING IF DEER SHOULD BE KILLED IN 2004-2005 For deer management purposes, the most commonly accepted number of deer an urban setting can sustain is 20 to 25 per square mile. Based on recommendations from the DNR and review of management plans from other communities, the 1997 Deer Management Committee established the following guidelines for the City's long-range management plan: 0-24 deer/square mile: Educate residents about living with deer. 25-34 deer/squaremile: Review on an area-by-area basis. Educational material may be recommended or killing methods implemented depending on the management area, number of complaints, and/or evidence of types of damage. 35+ deer/square mile: Reduction must be implemented. At this level, deer pose threat to the ecosystem. Since deer populations generally tend to increase by approximately 30% each year, approximately 30% of a given population must die or be killed annually if that population level is to remain stable. Population Surveys To estimate as accurately as possible the number of deer in the city limits, the City has conducted five counts via helicopter. 1997, 1999, 2000, 2001, 2002, 2003 Deer Helicopter Counts 1-3t 1-19 1-24 3-17 2.3 2-17 Area Description Dist Acres Sq. 1997 Deer/ 1999 Deer/ 2000 Deer/ 2001 Deer/ 2002 Deer/ 2003 Deer/ Mile Deer Sq Mi Deer Sq Mi Killed Deer Sq MI Killed Deer Sq Mi Killed Deer Sq Mi Deer Sq Mi W of Dubuque St/N of 1-80 1 230 0,360 NA NA NA NA 15 NA NA 2 6 t7 27 NA NA NA NA Peninsula 2/3 590 0.922 69 75 154 167 208 81 88 74 33 30 48 30 33 30 33 Dubuque St to Dodge St 4/5 780 1 219 78 64 90 74 57 99 81 123 39 32 51 36 30 60 49 Dubuque St to Hwy 1 6 560 0.875 37 42 60 69 -- 74 85 -- 64 73 -- 29 33 76 87 (N of 1-80) Hickory Hill/ACT 7 1280 2.000 65 33 127 64 102 140 70 122 38 19 93 25 13 100 50 SE Iowa City 10 720 1.125 NA NA NA NA -- 7 6 -- 9 8 -- NA NA 12 11 Iowa River (S) 11/12 720 1.125 11 10 15 13 -- 48 43 19 42 37 10 15 13 74 66 Willow Creek 17 280 0.438 3 7 0 0 -- 4 9 -- 0 0 -- 0 0 0 0 Manville Heights 20 500 0,781 NA NA NA NA -- 6 8 -- 3 4 -- NA NA 2 3 5660 8.845 263 I 40 446 68 382 459 I 54 340 234 26 229 135 21 354 44 6.579 mi 6.579 mi 8.485 mi 8.845 mi 6.579 mi 8.047 mi. 1-31 1-19 1-24 3-17 2-3 Area Description Dist Acres Sq. t997 Deer/ 1999 Deer/ 2000 Deer/ 2001 Deer/ 2002 Deer/ 2003 Deer/ Mile Deer Sq Mi Deer Sq Mi Killed Deer Sq Mi Killed Deer Sq Mi Killed Deer Sq Mi Deer Sq Mi Finkbine (U of I) 16 370 0.578 6 10 31 54 -- 48 83 -- 24 42 -- 23 40 42 73 East Clear Creek* 889 1.391 49 35 79 57 -- 193 t39 -- 99 71 21 43 31 169 121 *Includes properties under multiple jurisdictions (Iowa City, Coralville, and The University of Iowa) Deer count conditions were as follows: January 31, 1997 Surveyors: Tim Thompson and Dale Garner (DNR) Navigator: Ron Fort (Iowa City Police Department) Conditions: Temperature 45 degrees F, wind 15 to 30 mph SW, sky clear and sunny, snow cover 5" and melting Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 269 total deer January 19, 1999 Surveyors: Tim Thompson and Dennis Proctor (DNR) Navigator: Lisa Mollenhauer (City Manager's Office) Conditions: Temperature 28 degrees F, wind 3-7 mph W, sky clear and sunny, snow cover 1-2" new snow on top of 10" old snow Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 477 total deer January 24, 2000 Surveyors: Tim Thompson and Bruce Freeman (Coralville Police) Navigator: Lisa Mollenhauer (City Manager's Office) Conditions: Temperature -2 warming to 25 degrees F, wind 10 mph S, sky clear and sunny, snow cover 1" new snow on top of 6" old snow Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 507 total deer March 17, 2001 Surveyors: Tim Thompson and Bruce Freeman (Coralville Police) Navigator: Bill Clarahan (Coral¥ille Police) Conditions: Temperature 20-25 degrees F, wind still, sky clear and sunny, snow cover 8" new snow Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 258 total deer in Iowa City (with an additional 99 in East Clear Creek) February 3, 2002 Surveyors: Tim Thompson and Bruce Freeman (Coralville Police) Navigator: Bill Clarahan (Coralville Police) Conditions: Temperature around 31 degrees F, wind NW at 17-24 mph, sky clear and sunny, snow cover 6-8" Technique: Parallel back-and-fodh flight pattern by management district, counting only deer actually viewed (no estimations) Results: 135 total deer in Iowa City (with an additional 66 in areas under multiple jurisdiction) February 17, 2003 Surveyors: Tim Thompson and Bruce Freeman (Coralville Police) Navigator: Bill Clarahan (Coralville Police) Conditions: Temperature around 30 degrees F, winds calm, sky fog, snow cover 5" Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 354 total deer in Iowa City (with an additional 211 in areas under multiple jurisdiction) Helicopter counts were not performed in 2004 by the DNR due to issues with obtaining use of a helicopter and problems with high winds. DNR Projections In October, 2004, the Task Force requested that the DNR provide a projection of the number of deer that must be killed in 2004-2005 to maintain the progress being made toward the goal of 35 deer per square mile by area established by the Long-Term Deer Management Plan. In making such projections, the DNR typically assumes 30 deer per square mile to allow some flexibility so areas are not constantly stressed with the maximum number of deer. The recommendations the DNR provided (see Attachment A on page '10) indicate a total of 282 does be killed. In Iowa City's management program, it is typical that one antlered deer is killed for every three antlerless deer killed. Taking into account the deer/vehicle accidents and projections, by the Department of Natural Resources, the Task Force recommends killing no more than 282 deer during the winter of 2004- 2005. Under this plan, sharpshooting activities will occur only within the Iowa City corporate limits. The Task Force recognizes that attainment and maintenance of population goals in these areas will require cooperation among these jurisdictions. The Task Force affirms its desire and willingness to coordinate our activities with those of other jurisdictions. The Task Force specifically recommends the City Council issue a request to University of Iowa President Skorton to allow consideration of University property as possible shooting locations for future management plans. Reduction of the herd to the level established in the Long-Term Deer Management Plan will be an ongoing activity, and its complexities require constant evaluation. The Council relies on the Task Force for the information needed each year to make decisions regarding management of the herd. But, even with aerial counts, no one can determine exactly how many deer are inside the City limits or how many will survive and reproduce after each year's count. Survival variables include weather, traffic speed and volume, available forage, disease, reproductive rates, the success of killing activity by area, the degree of harassment by activists and others during shoots, development of land, deer movement, and willingness of residents to allow deer to be killed on their property. We recommend that, as it was last year, deer meat be processed and distributed free of charge. If requested, reproductive necropsies should be conducted to increase our knowledge of the deer herd. Attachment A Projected Number of Deer to be Removed by Willie Suchy Wildlife Biolo$isl, IDNR Thc simulations developed here are based upon the number of deer observed during the helicopters surveys conducted since 1997. The simulations assume that about 60% of the initial number counted were does and about I/3 of the does were fawns. The annual cycle begins with dispersal and reproduction. Then the number of deer present after normgl mortality Ihrough the end of December are calculated. Removals occur during the fall and winter and are additive to normal mortality. Then the cycle repeats. Multiple simulations are made for each area to find a model that best "fits" the observed aerial counts. Table I lists the estimated number of does that need to be removed to reach (or maintain) the objective of less than 30 deer per square mile in I ),ear. The simulations "fit" the counts observed on all areas reasonably well if the productivity data from the statewide model is used (See Fig I). This is the same estimate of productivity that has been used in the past to make the projections. Table 1. The number of female deer that would need to be removed this year to reduce the simulated pojmlations below the goal of 30 deer/square mile. Deer Goal Deer Number of sighted (30 deer killed in does to Area District Sq. Miles in 2001 per sq. mite) 200~ remove W of Dubuque & I 0.36 NA 11 0 12 North of I80 Peninsula 2&3 0.92 ' 30 28 31 6 Dubuque Street to 4&5 1,22 60 37 49 18 Dodge Street Dubuque to Hwy t 6 0.88 76 26 0 80 North of [-80 Hickory Hill/ACT 7 2,00 100 60 117 22 SE lowa Ci~ 10 1.13 12 34 3 0 Iowa River (South) 11 & 12 1.13 74 34 0 54 Willow Creek 17 0.44 0 13 0 0 Manville Heights 20 0.78 2 23 0 0 Finkbine (U ofl) 16 0,59 42 17 0 30 Clear Creek East 1.39 169 42 0 60 Total 10.06 563 325 200 282 Because no aerial counts were conducted in 2004 there is no way to determine how well the simulations fit the counts. 10 Figure 1. Results of simulation of deer numbers in districts 2 and :3 (the Peninsula) using productivity from Kent Park model where doe fawns produce 0.95 fawns and adults 1.83 fawns. The simulation indicates the projected population with annual "maintenance" removals. 250 - - - Simulation ,~ · Aerial Counts 200 // X......... Goal / \ / \ / \ 150 ' ~' ~' \ 100 \ · ............................................. · · .·. ........ ~..-.. ....... [ 1997 1998 1999 2000 2001 2002 2003 2004 2005 11 SUMMARY OF POPULATION MANAGEMENT OPTIONS THE TASK FORCE CONSIDERED No Lethal Action The Task Force considered and rejected this option. Control of Deer Reproduction via Contraception and Sterilization Most studies of the effectiveness of contraceptives with deer have been conducted on populations living in enclosed or confined areas, not with free-ranging deer. Because of drug safety issues, the FDA has not yet approved the use of immunocontraceptives on free- ranging deer. The Task Force reaffirms its interest in the progress and results of tests using immunocontraception and recommends the City continue to investigate the feasibility of a pilot project in our area. The Task Force has also agreed to research the possibility of deer population control through sterilization and release programs that are similar to techniques being used to humanely manage colonies of feral cats. Trap (or Dart) and Relocate The Task Force assumed the use of a box trap. Is it humane? A properly-constructed trap is unlikely to injure deer. If the trap is checked with sufficient frequency, the trapped animal is unlikely to suffer significant trauma from its stay in the trap. To minimize trauma in transport, trapped animals must not be held for long prior to transport. Even with prompt transport, experience with trap and relocate methods suggests that a 4% mortality rate is to be expected during transport, 26% delayed mortality due to stress induced by the experience, and between 58% and 85% modality in the following months. At this time, trap and relocation of deer cannot be considered humane. Is it safe? Properly managed box traps pose very little risk to people. Is it effective? No, considering the high mortality rate of transported deer and the fact that few sites in the Midwest have the combination of adequate habitat, Iow deer population, and willing human stewards this method requires. This method is selective; if only does are to be relocated, bucks caught in a trap may be easily released. Dart and relocate was considered briefly. We find no distinction between trapping and darting when relocation is the goal, since the results of relocation are the same, and conclude trap/dart and relocate is not effective. 12 What does it cost? The cost depends on trap placement and deer population. Frequency of trap monitoring adds uncertainty. In the late 1990s, North Oaks, Minnesota reported a cost per deer capture of $131. Urban trapping for live release has been reported to cost, per deer, $113 in Wisconsin and $800 in Long Island. Total costs, including transport, have been reported in the $300 to $1,000 range. Highland Park, IL, reported a cost of $3,074 per deer to relocate 20 deer. Eight months after transport, 11 of the 20 were reported dead. Frequent trips with small numbers of deer are more humane but more expensive. The cost of trapping by dart is comparable to the cost of sharpshooting. Is it legal? The Iowa DNR does not recommend trap and relocate for deer, although it is currently used for dealing with waterfowl and small animals. RelocatiOn of wild deer to private ownership is not currently legal in Iowa. Task Force Conclusion The Task Force does not view trap and relocate as an option because of high mortality, the possible high cost, and lack of areas to relocate deer. Bow Hunting Suggested regulations for bow hunting in urban areas assume the hunter shoots from a fixed stand, waiting there until the deer comes to the hunter. Stalking or driving deer is not permitted. While the use of elevated stands is common, it is not required. The Task Force assumed the imposition of strict hunter education and certification standards such as have been adopted in Waterloo/Cedar Falls and Coralville in addition to regulations governing hunter behavior. Such standards address some of the more severe criticisms of the humaneness and effectiveness of bow hunting. Is it humane? Bow hunting rarely leads to instantaneous death. Estimates by hunters indicate that bow hunting cripples more animals than gun hunting. A crippling injury is defined as one which does not kill, and after which the hunter fails to find and kill the injured animal. The Waterloo/Cedar Falls and Dubuque experiences suggest a significant degree of success. Recent studies appear to confirm the belief that crippling rates from bow hunting in relatively cramped settings such as those encountered in urban deer management are indeed lower than the crippling rates reported for bow hunting in general. The only scientific studies the Task Force found to review were conducted by bow- hunting advocacy groups or funded by archery-related industries. Is it safe? Evidence indicates that urban bow hunts pose very little risk to people. No evidence of injury to humans appears in any of the programs reviewed. 13 Is it effective? It can be, assuming that sufficient numbers of hunters are willing to comply with the additional regulations governing hunting within city limits. In a recent year, hunters killed 74 deer inside Dubuque city limits and an additional 98 in the area surrounding the city. However, in areas where killing of large numbers of deer is recommended, bow and arrow hunting alone would be ineffective in reducing the population. Bow hunting is moderately selective. The hunting season is before the bucks shed their antlers, se gender is fairly easy to determine. Hunting traditions place a high value on killing older bucks--the so-called trophy bucks with large, many-branched antlers. This is of little use if population control is the goal. If bow hunting is to be used as an effective component of a population control plan, hunters must be induced to kill does. What does it cost? The costs of a DNR-administered hunt are largely borne by the individual hunters who, through license fees, pay for the cost of regulating the hunt. These costs are partially offset by the value of the meat taken. DNR generally relies on individual hunters to police other hunters. The cost to the City would be minimal. Is it legal? Yes, according to State law. However, the City of Iowa City prohibits bow hunting within the City limits. Task Force Conclusion The Task Force does not recommend bow hunting as an option for killing in the 2004- 2005 Iowa City Deer Management Plan. Some members view bow hunting as inhumane. In addition, some members do not regard Iowa City's deer management as a recreational activity or sport for hunters and do not wish to encourage such a concept. The Task Force recognizes, however, that bow hunting is a potential legal option, and some members have voiced interest in a bow hunting component in Iowa City's management plan. Trap and Kill The Task Force assumed the use of a baited box trap or modified clover trap. Trapping is typically done in mid to late winter. Deer are killed by gunshot to the head; deer meat so acquired is suitable for human consumption. Is it humane? If a trap is properly constructed and checked frequently, deer are unlikely to suffer significant trauma while in it. The killing methods assumed are instantaneous and therefore humane. Is it safe? Properly managed box traps pose very little risk to people. Is it effective? Yes, but only to remove small numbers of deer. As with trapping and relocation, this method is selective. Deer may be released if they are not of the desired age and sex. 14 Dart and kill was briefly considered. The cost of darting is approximately the same as sharpshooting; meat from darted animals is not considered fit for human consumption. What does it cost? Costs depend on trap placement, deer population, and weather conditions. The sometimes-complicated logistics of regular trap monitoring add complexity to this method. In the late 1990s, North Oaks, MN, reported a cost per deer capture of $131, not including carcass disposal or processing. Minnetonka, MN, reported total costs of $209- $214 per deer, including meat processing. Is it legal? The DNR has authorized use of box traps for the killing of deer in Iowa City. Task Force Conclusion The Task Force does not recommend use of trap and kill. With the high number of deer recommended to be killed, the costs and staff time associated with trap and kill would not justify the number of deer killed. Sharpshooting Sharpshooting has been used in many residential areas and parks to control deer populations and has been the kill method recommended by the Task Force and approved by the City Council over the past several years. High-powered rifles are the weapon of choice for sharpshooting. Sound suppression devices were used by the USDA in 1999 and by White Buffalo, Inc. staff in 2001 but not by White Buffalo, Inc. staff in 2000 because, at the time, it was illegal for a private person to possess a suppressed weapon in the State of Iowa. As of July 1, 2000, suppressors could be used in Iowa by a person shooting a deer pursuant to a state-approved deer management plan, if the person has a valid federal permit for the device. Also effective July 1, 2000, a shooter need only get permission of the owner or tenant to discharge a firearm during a sanctioned sharpshoot if the shooter is within 50 yards of an inhabited structure. The prior law prohibited the discharge of a firearm anywhere within 200 yards without permission. The City requested the legislature make these two changes to the Iowa Code in order to facilitate future sharpshooting in more developed areas. In a professional sharpshoot, shooting sites are selected based on safety and access to deer. An appropriate site includes an orientation relative to the bait station so that shooting occurs from an elevated location (e.g., a tree stand or from the top of a ridge), which directs the bullet in a downward trajectory. Site preparation, consisting of clearing underbrush and pre- baiting, lasts for several weeks. Shooters typically work at night using artificial light. Is it humane? A high-powered rifle can cause instantaneous death; from this point of view, no method of killing Es more humane. Of all weapons for killing at a distance, high-powered rifles are the least likely to inflict an inhumane wound, one that cripples, or kills slowly. The likelihood of such injuries is reduced even more by using trained sharpshooters and a bait station to attract and hold deer for the kill. Is it safe? 15 All evidence indicates that urban sharpshooting poses little risk to people. No evidence of injury to people or property was reported in any of the programs we reviewed. IS it effective? Assuming there is appropriate access, yes. Studies have shown, and DNR advisors concurred, that sharpshooting is more effective at reducing larger numbers of deer than bow and arrow hunting. What does it cost? The City contracted with the USDA in 1998, and the USDA killed 22 deer at a cost of $3,850. Ruzicka's Locker charged $35 per deer to field dress and process the meat into 5 lb packages. In 1999, the City contracted with the private firm of White Buffalo, Inc. White Buffalo, Inc. killed 360 deer. Costs incurred were approximately $72,000, including $69,300 to White Buffalo, Inc. for labor and reimbursable expenses, and about $2,500 for supplies and other expenses (e.g. housing, bait). Ruzicka's Locker charged $45 per deer to field dress and process the meat into 1 lb and 5 lb packages. The Salvation Army received Community Development Block Grant funding to help defray processing and storage costs. In 2000, the City contracted with White Buffalo, Inc. White Buffalo, Inc. killed 342 deer. Costs incurred were approximately $109,400, including $96,400 for labor and reimbursable expenses and about $13,000 for supplies and other expenses (e.g. housing, bait). Ruzicka's Locker charged $50 per deer to field dress and process the meat into 1 lb and 5 lb packages. The Salvation Army again served as the main distributor to individuals and agencies. In 2001, the City contracted with White Buffalo, Inc. White Buffalo, Inc. killed 250 deer. Costs incurred were approximately $100,000 including $75,000 to White Buffalo for labor and reimbursable expenses and about $10,000 for supplies and other expenses (e.g. housing, bait). Ruzicka's Locker charged $55 per deer to field dress and process the meat into 1 lb and 5 lb packages. The Salvation Army again served as the main distributor to individuals and agencies. Is it legal? This method involves night shooting over bait, with lights and high-powered rifles. The DNR has approved sharpshooting as a method authorized for the City of Iowa City. The City must petition the Natural Resource Commission each year to be eligible to utilize sharpshooting. To assist deer management programs, the Iowa legislature amended the Code in spring 2000 to allow sharpshooters to use devices to decrease the sound and to permit shooting within 50 yards of an inhabited structure, with the owner's permission. Task Force Conclusion The Task Force recommends sharpshooting as the most effective, efficient, and humane method to continue to make progress toward the population goals established in the Long-Term Deer Management Plan. The Task Force recommends White Buffalo, Inc. be engaged this year to conduct the sharpshoot. All public grounds should be assessed for safe and appropriate shooting sites. Private properties should be allowed as sharpshooting sites with the permission of land owners and occupants and in conformance with all laws, regulations, and safety concerns. The 16 contractor engaged to conduct the sharpshoot must arrange with property owners and occupants for use of their land. TRAFFIC SAFETY ISSUES Deer-Vehicle Accident Statistics The Iowa City Police Department is responsible for collecting deer-vehicle accident information. The Department prepares maps showing locations and dates of accidents reported from 1996 to the present. They are available for review at the City Manager's Office. The deer-vehicle accident reporting process has improved beginning with the 1999 report. Each accident is assigned a reference number and the date, ~ime, location, property damage amount, and miscellaneous comments are included. Accident victims are mailed a questionnaire to return to the City indicating information such as age of driver, weather conditions, speed, etc. to better our understanding of deer-vehicle accidents. Chart 3. Deer-Vehicle Accidents 1996-2003 Number Number n Reflector Reported~ $ Damage Estimate2 Areas3 1996 15 N/A 2 i1997 31 $32,505 7 I1998 50 $58,870 4 ~1999 103 $116,273 26 i2000 80 $110,833 25 i2001 106 $115,531 124 i 2003 = 59 $112,100 ~ Includes deer reported dead along roadways (vehicle left scene of accident). In 2000, drivers officially reported 46 accidents; 2001,48 accidents; 2002, 32. 2 Damage estimates by police staff, not certified repair personnel. Estimates over $1,000 require claimant and police to file special state report. 3 Time of accident and position and maintenance of reflectors influence effectiveness. 4 11 of the 12 accidents in reflector zones occurred dudng darkness. 5 4 of the 8 accidents in reflector zones occurred during darkness. Reflectors Reflectors were installed on Dubuque Street (3,8 posts)in September 1994 and N. Dodge Street (152 posts)in spring 1997. Construction began on N. Dodge Street in summer 1998, temporarily displacing many reflectors. Additional reflectors were added to N. Dodge and Dubuque Streets, and a new system installed on Rochester Avenue in spring 2000. Effectiveness of reflectors is yet to be determined. It is important to keep in mind they are designed to work only when vehicle lights are in use. They also require diligent regular maintenance. Traffic Speeds In a meeting with the Task Force in 2000, Jeff Davidson (City Planning & Community Development Assistant Director and JCCOG Transportation Planner) explained the speed a motorist travels is primarily a function of comfort level, not of the posted speed limit. Eighty-fifth 17 percentile speeds are measured; 85th percentile indicates the general comfort level of drivers and is generally used for determining appropriate speed limits. Speed limits should be set so there is compliance by most motorists; otherwise, they create an enforcement problem for police. Artificially Iow speed limits are not only difficult to enforce, they may also create general disrespect for speed limits, including those in areas where lower limits may be particularly appropriate. On Dubuque Street, the average speed was 39.5 miles per hour in the 35 mph zone; the 85th percentile speeds were 42 mph. On Rochester Avenue, two locations were studied. On the eastern portion, 85th percentile speeds were 33 mph. Further west, 85th percentile speeds were 42 mph. As a result, the City concluded that the current limits are appropriately set at 35 mph. In light of this information, we concluded that reducing limits below 35 mph would not reduce actual driving speeds. It should be noted'that we found no studies that relate the incidence of deer-vehicle accidents and vehicle speed (for speeds in the 25 to 45 mph range). Since 1999, the City has mounted a defensive driving campaign during October and November, when deer-vehicle accidents are more frequent. Media releases prompted articles, display ads were run, and a sequencer on City Channel 4 warn drivers to be alert. Recommendations: Because of the high number of deer-vehicle accidents, the Task Force recommends the City: · Continue to assess the effectiveness of reflectors.. Since maintenance of the reflectors is essential to their effectiveness, the Task Force continues to request resources be committed to reflector maintenance. · Continue to monitor developments in the area of road signage so Iowa City regularly uses the most up-to-date and innovative signage technologies on the market. · Agree to thoroughly assess, during design and planning phases of new road and road improvement projects, the impact these projects may have on deer migratory paths and, if appropriate, to include passageways under roads for deer in such projects. EDUCATION AND OTHER NONLETHAL INITIATIVES FOR IMPROVED HUMAN-DEER COEXISTENCE Completed and Current Projects The City has undertaken a number of steps toward nonlethal management: · Requested the Humane Society of the United States (HSUS) to consider Iowa City as a deer contraception test site. · Conducted Deer Issues Listening Sessions at which residents can convey to Task Force members and each other their opinions about and experience with Iowa City's deer. These sessions were taped for broadcast on the City Channel. · Began updating the brochure explaining Iowa City's approach to deer management and emphasizing methods to help residents devise strategies for living with deer. · Utilized the City's website and City Channel 4 for disseminating information. The Task Force recommends continued expansion of both forums. · Participated in classroom discussions, presentations, and radio call-in programs. · Installed additional reflectors as well as five warning signs. Upgraded warning signs with the highest quality of reflective material available. The City will continue maintenance of these systems. 18 · Worked with media on defensive driving campaign during high deer-vehicle accident incidence time of year. · Completed a consultant-assessment of impact of N. Dodge Street improvements on deer. An under-passageway is being considered. · Made available for checkout and began broadcast of "Whitetails at the Crossroads," a deer management educational video. · Began production of a video on deer-traffic issues. · Advertised seminar on gardening, landscaping, and wildlife (joint project with lC Landscaping). · Information sharing with comparable communities. Ideas for Future Consideration We have developed a long list of possible initiatives for nonlethal management of the interactions between Iowa City deer and Iowa City people, drawing on our own discussions, resident comments, correspondence, and the listening sessions. Here is a working draft of that list, which will continue to guide our deliberations about nonlethal deer management: · Gather and consider information on experience with deer contraception/sterilization projects across the country. · Produce educational video. Could deal with practical or 'philosophical' issues. Provide copies for checkout at libraries, broadcast on City Channel 4. · Expand information on City web site. More resources. More links. · Adopt-a-reflector system or City staff assignment to assure continuous maintenance. · Presentation by HSUS staff or others on immunocontraceptives or other reproductive control project. · Add a 'deer resistant' garden to the Project GREEN Garden Tours, other gardener activities. · Provide information, etc., at Parade of Homes, Project GREEN and business fairs, Chamber office. ' · Promote safe driving through campaigns on TV, in newspapers--particularly in May and October/November. · Provide newspaper/TV/radio features on timely deer-related issues (traffic, plantings, etc.). · Visit deer-resistant gardens. · Host gardening seminars (present live, rebroadcast on public access TV) · Research solar powered deer deflectors that are currently being used in Indiana. These are deflectors that turn on flashing lights to warn motorists when deer are present. · Coordinate an educational program with the Johnson County Conservation Board entitled '~Nhitetail Deer: Treasure, Trophy or Trouble? This program would be open to the public. HISTORY OF DEER MANAGEMENT IN IOWA CITY- 1997-2005 1997-'1998 in response to citizen complaints, in 1997 the City Council established a Deer Management Committee to recommend a management plan. Council appointed members representing the following interests: Iowa City staff, Iowa City/Coralville Animal Shelter, Iowa City Police Department, hunters, Project GREEN, residents of areas heavily populated with deer, residents of areas not heavily populated with deer, animal protection, science/nature/biology, Iowa Wildlife Federation, City of Coralville staff, residents of Coralville, and Johnson County Board of Supervisors. 19 The Committee divided the Iowa City/Coralville community into twenty Deer Management Areas, using natural and constructed barriers as lines of division and taking into consideration the ability to implement management techniques in each area. After reviewing the size of the deer population, numbers of deer-vehicle accidents, the deer management plans of other communities, comments from citizens, and advice from the DNR, the Committee recommended and Council approved a multi-component management plan. The plan consisted of initiating an education program, using reflectors and warning signs, consideration of deer when constructing/renovating arterial streets, and the killing of 180 deer by sharpshooting over bait and by trap and kill. To arrive at consensus about killing methods, we considered the costs, legality, risks to humans, and humaneness of each method of killing. For purposes of our discussion, we defined a humane death as one that is instantaneous and painless. For deer management purposes, the most commonly accepted number of deer an urban setting can sustain is 20 to 25 per square mile. Based on recommendations from the DNR and review of management plans from other communities, the 1997 Deer Management Committee established the following guidelines for the City's long-range management plan: 0-24 deer/square mile: Educate residents about living with deer. 25-2,4 deer/square mile: Review on an area-by-area basis. Educational material may be recommended or killing methods implemented depending on the management area, number of complaints, and/or evidence of types of damage. 35+ deer/square mile: Reduction must be implemented. At this level, deer pose threat to the ecosystem. Upon reviewing the 1997-1998 plan, the DNR rejected sharpshooting as an option for urban deer management. But after making a comprehensive assessment of Iowa City's situation, DNR officials concurred that bow and arrow hunting (a kill method that would be permissible) would not be an effective method to reduce the herd according to our guidelines. Staff recommended and, on February 12, 1998, the Natural Resource Commission approved, Iowa City's request to sharpshoot deer. City officials worked with legislators to amend the State of Iowa Code to allow the use of artificial light over bait for the purpose of urban deer management. There was not enough time remaining in the season to initiate a sharpshooting program for 1997-1998; however, a permit was authorized for September 1, 1998, through February 28, 1999. 1998-1999 ©n October 21, 1998, the Deer Management Committee resubmitted the original plan to the City Council for approval, setting the number of deer to be killed at 240, as a result of increases in the size of the deer herd. Council approved the plan on December 1. The City contracted with the USDA to conduct the sharpshoot. In the south Peninsula area, 19 deer (8 adult does, 6 fawn does, and 5 fawn males) were shot on January 20, and 3 deer (1 adult doe and 2 fawn males) were shot on January 21, 1999. All adult does were pregnant. On January 20, one deer was shot and dropped, but ran off and was not recovered. A group of local animal rights activists backed by national groups filed a request in federal court for an injunction against the USDA, thereby halting shooting activity until a federal judge could review the points of contention. The request for injunctive relief alleged that the USDA had failed to meet federal procedural requirements before the sharpshoot. The window of shooting authorization expired before mediation eventually settled the litigation. 20 1999-2000 The 1999-2000 Deer Management Committee met from April 21 through August 16, 1999, formulating a plan similar to the first two and increasing the number of deer to be killed to no more than 733. The Committee examined the credentials of three agencies that submitted proposals to conduct the sharpshoot. The Committee recommended and the City agreed that the sharpshooting contract should be awarded to White Buffalo, Inc., of Hamden, Connecticut. The 1999-2000 sharpshoot included a preliminary kill of 11 deer on November 9 to coordinate logistics. Extensive preparation of 29 bait sites took place between December 12 and 31. Between January 1 and January 11, White Buffalo, Inc. killed 349 deer by sharpshooting [215 females (60%) and 145 males (40%) /65 (18%) had visible antlers and 295 deer (82%) were antlerless. Including the 11 killed in November, 360 deer were killed and transported to Ruzicka's Locker in Solon for processing and packaging. Graduate students from Coe College performed reproductive autopsies and collected blood samples to test for evidence of Lyme disease. Blood analyses revealed the incidence of Lyme antibodies in the samples studied was consistent with the statewide average of 5 percent. Deer meat was distributed to local residents by the Salvation Army. Approximately 6,600 pounds were distributed to 1,574 households (4,331 individuals), the Free Lunch Program (Wesley House), the SE Linn Community Food Reservoir (for Johnson County families), churches and community groups, and the Salvation Army Evening Meal Program. Crisis Center distribution is not included in the distribution figures. Qualifications for receiving meat included: Johnson County resident, collect meat only once a month, choose either but not both the Salvation Army or the Crisis Center as preferred pick-up location, and five pounds per family/one pound per individual. Recipes were provided with the meat. The City initiated an educational program, including display ads in local newspapers, the use of City Channel 4 to convey high risk periods for deer-vehicle collisions, a brochure discussing Iowa City deer issues and suggesting ways to coexist with deer, and a deer management video broadcast on City Channel 4 and available for checkout at the public library. Additional Streiter reflectors were added to the N. Dubuque Street and N. Dodge Street systems, and a new system was installed on Rochester Avenue. Deer warning signs manufactured with improved reflective material were placed at the beginning of the reflector systems along each traffic lane. In March, the City's website launched a deer information page including frequently asked questions, a listing of deer resistant plantings, a map indicating deer-vehicle accidents for 1999, and a public comment board. Content of the website will be expanded as the program progresses. After assessing the local situation, White Buffalo staff did not recommend Iowa City as a potential site for a contraceptive study at this time. The City requested a similar analysis and recommendation from HSUS. 2000-2001 The 2000-2001 Deer Management Committee met from June 19 through August 30, formulating a plan similar to the first three and increasing the number of deer to be killed to no more than 500. The Committee reviewed criteria on recommendation of a sharpshooting contractor. White Buffalo, Inc. had established contacts with property owners and performed the shoot in 1999- 2000 as they indicated. Committee members felt comfortable with the manner in which they conducted their operation. Therefore, the Committee recommended and the City Council agreed that the sharpshooting contract should be awarded again to White Buffalo. 21 Extensive preparation of 36 bait sites took place between November 27 and December 11. Sharpshooting took place between December 12 and December 22 and resumed again January 7 through January 18. During those periods, White Buffalo, Inc. killed 340 deer by sharpshooting. When using the "first opportunity" approach, the killing demographics are usually representative of the population as a whole. A total of 204 females (60%) and 136 males (40%) were killed. Seventy-six deer (22%) had visible antlers, whereas 264 deer (78%) were antlerless. Sixty male fawns were included in the antlerless grouping. Students from Coe College performed reproductive autopsies and collected blood samples to test for evidence of Lyme disease. Deer meat was distributed to local residents by the Salvation Army. Approximately 15,000 pounds were distributed to 3,104 households, the Free Lunch Program 0Nesley House), the SE Linn Community Food Reservoir (for Johnson County families), churches and community groups, and the Salvation Army Evening Meal Program. Recipes were provided with the meat. The City continued an educational program, including display ads in local newspapers, the use of City Channel 4 to convey high risk periods for deer-vehicle collisions, an area on the City's web site containing deer issues and suggesting ways to coexist with deer, and a deer management video broadcast on City Channel 4 and available for checkout at the public library. The Streiter reflectors were maintained. After assessing the local situation, White Buffalo staff again did not recommend Iowa City as a potential site for a contraceptive study at this time. The City continues to await a response from HSUS. 2001-2002 The 2001-2002 Deer Task Force met from March 20 through September 10, 2001, formulating a plan similar to the first four and setting the number of deer to be killed to no more than 325. The Task Froce reviewed criteria on recommendation of a sharpshooting contractor. White Buffalo, Inc. had established contacts with property owners and performed the shoot in 2000-2001 as they indicated. Task Force members felt comfortable with the manner in which they conducted their operation. Therefore, the Task Force recommended and the City Council agreed thai the sharpshooting contract should be awarded to white Buffalo. The Summary Report of White Buffalo's 2001-2002 activities is included as Attachment A. Extensive preparation of 28 bait sites took place between November 20 and November 30. Sharpshooting took place between December 1 and December 20. During that period, 18 days of days of fieldwork were required to achieve the killing of 250 deer. When using the "first opportunity" approach, the killing demographics are usually representative of the population as a whole. A total of 137 females (55%) and 113 males (45%) were killed. Fifty-six deer (22%) had visible antlers, whereas 194 deer (78%) were antledess. Fifty-seven male fawns were included in the antlerless grouping. Deer meat was distributed to local residents by the Salvation Army. Approximately 8,715 pounds were distributed to 3,548 individuals as well as 852 pounds of meet distributed to nine organizations. Recipes were provided with the meat. The City continued an educational program, including display ads in local newspapers, the use of City Channel 4 to convey high risk periods for deer-vehicle collisions, an area on the City's web site containing deer issues and suggesting ways to coexist with deer, and a deer management video broadcast on City Channel 4 and available for checkout at the public library. 22 The Streiter reflectors were maintained. After assessing the local situation, White Buffalo staff again did not recommend Iowa City as a potential site for a contraceptive study at this time. 2002-2003 After taking into consideration several factors, the Task Force, by a vote of 6-1 (2 members were absent), determined killing of deer would not be necessary during the winter of 2002-2003. The money that was budgeted for deer management in 2002-2003 was carried over for possible use in 2003-2004. 2003-2004 The 2003-2004 Deer Task Force met on a regular basis, formulating a plan similar to the first four and setting the number of deer to be killed to no more than 200. The Task Force reviewed criteria on recommendation of a sharpshooting contractor. White Buffalo, inc. had established contacts with property owners and performed the shoot. Task Force members felt comfortable with the manner in which they conducted their operation. Therefore, the Task Force recommended and the City Council agreed that the sharpshooting contract should be awarded to White Buffalo, Inc. The Summary Report of White Buffalo's 2003-2004 activities is included as Attachment A. Initial site preparation and prebaiting were conducted from 16 November 2003 - 26 November 2003. Sharpshooting began on November 28, 2003 and continued through December 13. During that period, 14 days of fleldwork were required to achieve the killing of 200 deer. When using the "first opportunity" approach, the killing demographics are usually representative of the population as a whole. A total of 107 females (54%) and 93 males (46%) were killed. Sixty-two deer (31%) had visible antlers, whereas 138 deer (69%) were antlerless. Thirty-one male fawns were included in the antlerless harvest. Deer meat was distributed to local residents by the Salvation Army. Approximately 4,851 pounds of meat were distributed to approximately 556 families. Recipes were provided with the meat. 2004-2005 The Deer Task Force was re-established in August 2004. Two of the three vacancies were filled at that time. Originally, deer removal was not scheduled or budgeted for 2004, however upon review of the deer/vehicle accidents and a population modeling prepared by the Iowa DNR it was determined deer removal should be implemented for the winter of 2004. It was a unanimous decision by the Deer Task Force to recommend to the City Council to enter into an agreement with White Buffalo, Inc. to perform deer removal services during the winter of 2004. COMMONLY ASKED QUESTIONS AND TASK FORCE ANSWERS Don't I have the right to enjoy the deer in my neighborhood or the park I visit? Absolutely yes! It has never been the intent of the Task Force to eradicate Iowa City's deer herd. 23 I don't understand the discussion of a deer no-feed policy. If we can have bird feeders, why can't we feed cracked corn to deer in the backyard? Our desire to observe wildlife and to know they are present in our surroundings is understandable. However, the well-being of wild creatures is best maintained by watching from a distance and not by attempting to entice them to our immediate living area. Even bird feeders can have undesirable consequences if placement or poor maintenance alters migration timing, spreads disease, or causes an imbalance in species distribution. Given the large deer population in Iowa City, supplemental feeding is an invitation to negative deer- human interactions that further promote the call for lethal deer removal. Deer movement to and from a supplemental feeding site or salt block frequently involves street crossings and consequent automobile accidents. Concentration of deer at a feeding site causes increased browse damage, soil erosion, and excrement in the feeding area and on neighboring properties. Given their varied diet, it is wrong to assume deer will eat only the corn and ignore vegetation in the area. Routine backyard feedings alter deer behavior patterns such that they no longer fear humans. With repeated invitations to human surroundings, deer that should otherwise be shy and dispersed away from humans spend their time looking for handouts and tasty plantings in more densely developed areas. The desire to feed and view deer up-close should be tempered by the realization that this activity is a primary cause for deer-human conflicts. Deer will ultimately be the loser in these conflicts. A good general reference is Living with Wildlife, California Center for Wildlife (a Sierra Club Book, 1994) available at the Iowa City Public Library. If no population control methods are implemented, what would likely occur to other plant and animal life in the city? The effect of deer on other plant and animal life depends greatly on the number of deer present and the length of time numbers stay at a given level. Although at even Iow levels (10- 20 deedsq, mi.), the effects on species composition of the plant and animal communities are measurable, they are quickly reversed when deer levels are reduced. At high levels (25 or more deer/sq, mi.), the effects over the short term are likely reversible; over the long term, however, many native plant species will be eliminated locally, and they will not likely reestablish even if deer numbers are reduced. In addition, animals, both vertebrate and invertebrate, that depend on those plants will be driven locally extinct. The result is a species- poor community consisting only of a few plants, often non-native, that are avoided by deer because of their thorns or distastefulness. For example, the area behind the Mayflower Apartments contained a full complement of spring flora species 25 years ago, but today nearly all non-woody vegetation between ground level and approximately 6 to 8 feet above ground has been eliminated. Why don't you provide more educational programs and materials? It appears the most cost-effective method of educating the public is to respond to citizen requests for information by providing items such as a brochure. Information from each year's plan will be available on the City's website. The Task Force is committed to regularly recommend and develop new educational materials and resources. We also encourage all those interested in educating the public about ways to live with deer to do so. This effort does not necessarily have to be organized through the City. Can't the peninsula be preserved to provide a refuge for the deer in Iowa City? No. Deer frequently swim across the Iowa River and cross the highways to feed in other areas of town. Creating a safe haven for deer there would require fencing the peninsula and would eventually lead to destruction of all vegetation there. 24 Have you killed deer on the peninsula because of the planned development? The City purchased portions of the peninsula in 1995 for $2,000,000, using general funds ($1.3m) and HUD Supplemental CDBG Flood Relief Funds ($.7m). The lower peninsula, situated in the floodplain, is already designed as both a natural woodland, prairie, and wetland park as well as a well field for the City's water supply. To reimburse the general fund, the 70-acre upper peninsula has been sold to a developer. The peninsula neighborhood is intended to be a well-designed and environmentally sensitive development in the special setting of land overlooking a natural park and the Iowa River. The goals of the project are to provide housing for a variety of types of households and to show how different housing types can be proximate to each other and succeed through careful design, to complete an urban neighborhood in an infill site, and to provide a model of an alternative to conventional subdivisions for the development community in Iowa City. The recommendation to kill deer on the peninsula was made without reference to planned development and, according to City staff, the planned development was made without reference to the deer. The peninsula was one of the most appropriate areas to implement the reduction program because it has the highest number of deer per square mile and it provides several natural sites for sharpshooting. Why aren't you recommending that bow and arrow hunting be included in the plan, particularly since it is cheaper than hiring sharpshooters? A majority of members believe that sharpshooting is the most humane and effective lethal method of reducing Iowa City's large deer herd. Some members view bow hunting as inhumane. In addition, some members do not regard Iowa City's deer management as a recreational activity or sport for hunters and do not wish to encourage such a concept. The Task Force recognizes, however, that bow hunting is a potential legal option, and some members have voiced interest in a bow hunting component in Iowa City's management plan. Efforts will be made during the winter of 2002-2003 to receive feedback from residents on the incorporation of bow hunting into future deer management plans. We recognize that costs are minimal with bow hunting, but believe the community finds sharpshooting a more acceptable method than bowhunting for killing deer for management purposes. How have other communities handled deer management? Programs for deer management vary widely. Communities we contacted in Minnesota, Wisconsin, Illinois, Iowa, Missouri, and New York have tried a variety of methods: · City officials implementing a plan without citizen input. · City officials appointing a citizens' task force to review options and recommend a plan. · Leaving the issue of killing deer up to the citizens via a non-binding referendum (it is interesting to note the residents voted to kill deer and the Council ultimately decided not to kill deer.) · Use of bow hunting only (both extremely regulated and nearly unregulated restrictions). · Use of sharpshooting only (local law enforcement, federal agents, or private contractors). · Use of a combination of methods to kill deer (bow hunting and sharpshooting). The Task Force did not locate a single community in which deer were not killed and the population stabilized or decreased naturally. One community in Illinois reported that they did not kill deer and no longer had a "deer problem." However, the surrounding communities were actively managing deer using an annual kill. 25 Prepared by: Tern/Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY05 and FY06; and WHEREAS, it is in the public interest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the schedule of fees and charges for parks and recreation services and programs as approved by the Parks and Recreation Commission on November 10, 2004, and attached hereto, be adopted for FY05 and FY06. Passed and approved this 7th day of December ,2004. Approved ~. //~__.. cI'r~P~LERK Cit~ Attorney's O~ce It was moved by W'i ] bu~'n and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X EIliott X Lehman X O'Donnell X Vanderhoef X Wilburn parkscecVes~feesO5.doc Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 355-5110 RESOLUTION NO. RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY05 and FY06; and WHEREAS, it is in the public interest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the schedule of fees and charges for parks and recreation services and programs as approved by the Parks and Recreation Commission on November 10, 2004, and attached hereto, be adopted for FY05 and FY06. Passed and approved this 7th day of December ., 2004. CI~LERK Ci~ Attomey's O~ice It was moved by t~i 1 burn and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliot[ X Lehman X O'Donnell X Vanderhoef X Wilburn 11/5/04 SUMMARY RECREATION DIVISION REVENUES & BUDGET FY2006 Total Non-Property Tax Revenues $ 873,065 FY06 Budget (City Manager's Recommendation) 2,469,511 Less Capital Outlay Requests 222,800 $2~246~711 Non-Property Tax Revenue to Support Budget = 38.86% 11/5/04 City of Iowa City Parks and Recreation Department RECREATION DIVISION FEES & CHARGES FY00-05 PROPOSED FY2006 And TENTATIVE PROPOSALS FOR FY07& FY08 (to be reviewed annually) Adopted by the Parks and Recreation Commission on 11/10/04 ESTIMATEDI PARTICIPANT PROPOSED TOTAL TENTATIVE TENTATIVE SPORTS/WELLNESS FYO0 FYOI FY02 FY03 FY04 FY05 FY06 REVENUE NUMBERS FY07 FY08 Aerobics - 10 classes 22.50 25.00 25.00 27.50 27.50 30.00 30.00 $ 0 32.50 32.50 Punch card 37.50 41.25 41.25 45.00 45.00 50.00 50.00 $ 0 55.00 55.00 Fitness 22.50 25.00 25.00 27.50 27.50 30.00 30.00 $ 3,120 104 32.50 32.50 Softball/Baseball Field Rental - Without lights 8.00 8.00 8.50 8.50 9.00 9.00 10.00 10.00 12.00 With lights 25.00 25.00 26.00 26.00 27.00 27.00 30.00 $6,135 (T) 450 30.00 34.00 ~'occer Field Rental - Without field prep 7.50 8.50 9.00 9.00 10.00 10.00 12.00 With field prep 15.00 15.00 17.00 17.00 20.00 $4,000 (T) 300 20.00 22.00 Adult Softball - Summer leagues 340.00 345.00 345.00 350.00 350.00 360.00 360.00 $18,720 (T) 52 370.00 370.00 Co-ed teams 360.00 365.00 365.00 370.00 370.00 380.00 380.00 $15,200 (T) 40 390.00 390.00 Fall leagues 185.00 190.00 190.00 195.00 195.00 200.00 200.00 $8,000 (T) 40 205.00 205.00 Co-ed teams 195.00 200.00 200.00 205.00 205.00 210.00 210.00 $3,360 (T) 16 215.00 215.00 Adult Volleyball - Indoor leagues 95.00 95.00 100.00 100.00 105.00 110.00 110.00 $14,080 (T) 128 115.00 115.00 Outdoor leagues 65.00 65.00 70.00 70.00 75.00 80.00 80.00 $640 (T) 8 85.00 85.00 Adult Basketball 190.00 190.00 195.00 195.00 200.00 210.00 210.00 $5,040 (T) 24 215.00 215.00 High School Basketball 90.00 90.00 95.00 95.00 100.00 100.00 105.00 $2,400 (T) 24 110.00 110.00 Racquetball Court hourly fe~ 3.00 3.00 3.00 3.50 3.50 3.50 3.50 $1,442 (T) 412 3.50 3.50 ~'outh Football 20.00 22.50 22.50 25.00 25.00 27.50 27.50 $ 11,000 357 30.00 30.00 Youth Volleyball 20.00 22.50 22.50 25.00 25.00 27.50 27.50 $ 2,063 75 30.00 30.00 Youth Basketball 20.00 22.50 22.50 25.00 25.00 27.50 27.50 $ 6,600 240 30.00 30.00 Y~outh Gymnastics (10 classes) 20.00 22.50 22.50 25.00 25.00 27.50 27.50 $ 3,300 120 30.00 30.00 NJTI- Tennis (24 lessons) 24.00 27.00 27.00 30.00 30.00 35.00 35.00 $ 4,850 145 37.50 37.50 Youth Tennis (8lessons) 20.00 22.50 22.50 25.00 25.00 27.50 27.50 $ 550 20 30.00 30.00 _Adult Tennis (8lessons) 25.00 30.00 30.00 35.00 35.00 40.00 40.00 $ 2,975 85 45.00 45.00 TOTAL SPORTS/WELLNESS REVENUE $ 113,475 Less Sales Tax $ /3,951) GRAND TOTAL SPORTS/WELLNESS REVENUE I $ 109,524 r (T) Either entirely or partiall~ subject to sales tax I ESTIMATED PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE SCANLON GYMNASIUM FYO0 FYOf FY02 FY03 FY04 FY05 FY06 REVENUE NUMBERS FY07 FY08 Tot Time - __ _ S~ort~, Special Events _ $18-20 $20.22 $ 2,750 145 $20.22 $22-24- Misc. Sales ___$1-3 $2-4 $ __ 1,240 620 $2-4 $4-6 5th-6th Grade Activities - FieldTrips .... $5-10 $7.50-12.50 $ 1~0 ~67 $7.50-12.50 $10.15 Sports $15-25 $20-30 $ 17,500 _ 875 $20-30 $25-3 Dances $5-7 $6-8 $ 8,000 1,028 $6-8 $8-10 Junior High Activities - Field Trips $5-30 $7-32 $ 240 15 $7-32 $10-3~ Intramurals $15-20 $20-25 !$ 2,000 114 $20-25 $25-30 -- Dances $5-7 $6-8 $ 8,750 1,458 $6-8 $8-10 Rentals & Merchandise $1-3 $2-4 $ 350 175 $2-4 $4-8 Senior High Activities - Programs $10-15 _$15.20 $ 2,500 200 $20-25 $25-30 All Ages - Rentals, etc. $20-50 $25-50 $ 15,000 600 $25-50 $30-60 HOTEL/MOTEL TAX (10%) $ 68,750 TOTAL SCANLON GYMNASIUM REVENUE $ 127,250 NOTE: FY05 is the first year fees have been broken down in this manner. Previousl' fees were grouped with a range of $10.90. ESTIMATED PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE SOCIAUCUL TURAL FYO0 FYOf FY02 FY03 FY04 FY05 FY06 REVENUE NUMBERS FY07 FY08 Dark Room (2 hours) 5.00 6.00 6.00 6.50 .*--40.00 40.00 _ 40.00 $ 320 8 45.00 45.0_0_ Potter's Studio -__ _ Card (4 months) 50.00 55.00 60.00 60.00 80.00 80.00 80.00 $ 3,600 45 85.00 85.00 Clay (25 lbs.) Cost +5% Cost +5% Cost +5% Cost +5% Cost +5% Cost +5% Cost~+5% $ 2,100 200 Cost +5% Cost +5% Kindergrounds 10.00 12.00 12.00 14.00 14.00 16.00 -- __ 16.00 $ 2,880 ___ 180 18.~30 18.00 Children's Theatre 24.00 24.00 24.00 26.00 26.00 28.00 28.00 $ 2,800 108 30.00 30.00 Science & Nature 12.00 14.00 14.00 ~16.00 16.00 18.00 18.00 $ 720 45 20.00 20.00~ Summer Camp (2 week session) - __ 1 session 135.00 140.00 150.00 155.00 155.00 165.00 175.00 175.00 175.00 2 sessions 270.00 280.00 300.00 310.00 310.00 330.00 350.00 350.00 350.0~0_ 3 sessions 405.00 420.00 450.00 465.00 465.00 495.00 525.00 525.00 525.00 4 sessions 540.00 560.00 600.00 620.00 620.00 660.00 700.00 $ 56,000 ___ 390 700.00 700.00 -- Supervised Pla 18.00 20.00 20.00 22.00 22.00 22.00 24.00 $ 4,800 275 24.00 24.00 Children's Cultural 12.00 12.00 12.00 14.00 14.00 14.00 14.00 $ 14,000 1000 16.00 16.00 Adult Cultural 50-60 55-65 55-65 60-70 60-70 70-80 70-80 $ 16,320 __ 315 75-85 75-85 Children's Social 10-20 10-20 12-22 12-22 12-22 12-22 12-22 $ 22,400 __ 1318 14-24 14-24 Adult Social 1.50 $ 1,200 800 FREE PROGRAMS: Summer Playgrounds Halloween Parade Swim Fest' Winter Carnival TOTAL SOCIAL/CULTURAL REVENUE i $ 127,140 * 14-week user card ESTIMATED PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE A QUA TICS FYO0 FYOf FY02 FY03 FY04 FY05 F:Y06 REVENUE NUMBERS FY07 FY08 ~ Admissions - 1.75 2.00 2.00 2.25 2.25 2.50 ___ 2.50 $112,546(T) 50050 2.75 i 2.75 Punch Cards - (20 admissions until FY04) 29.75 34.00 34.00 36.25 16.00 20.00 20.00 $41,500(T) 2305 22.00 22.00 3 Month Passes* - Individual 68.00 78.00 76.00 66.00 60.00 60.00 60.00 $ _ 4,500 75 60.00 60.0~ Family(5 people) 136.00 156.00 156.00 176.00 120.00 120.00 120.00 $ 9,600 80 120.00 120.00 Each additionalmember 15.00 15.00 15.00 20.00 15.00 15.00 15.00 $ 150 10 15.00 15.00 Annual Passes - Individual 136.00 156.00 156.00 176.00 150.00 150.00 150.00 $ 15,000 100 150.00 150.00 Family (5 people) 272.00 312.00 312.00 352.00 300.00 300.00 300.00 $ 7,500 25 300.00 300.~0_0_ Each additional member 30.00 30.00 30.00 35.00 25.00 25.00 25.00 $ 200 6 25.00 25.00 Monthly Passes (Sept.-May only) - Individual NA NA NA NA 10.00 10.00 10.00 $ 2,050 205 10.00 10.00 Family (5 people) NA NA NA NA 20.00 20.00 20.00 $ 2,000 100 20.00 20.00 Each additional member NA NA NA NA 2.00 2.00 2.00 0 0 2.00 2.00 [ TOTAL PASSES $41,000 (T) __ Pool Rentals (per hour) - General Public: Recreation Center 25-50 30-55 30-55 30-55 30-55 30-55 30-55 30-55 30-55 MPAC 75.00 75.00 75.00 75.00 75.00 75.00 75.00 $622(T/ 20 75.00 75.00 Swim Club: 25 yard/meter 15.00 20.00 20.00 20.00 20.00 20.00 20.00 25.00 25.00 **50 yard/meter 30.00 30.00 35.00 35.00 35.00 35.00 35.00 $11,185 (T) 510 40.00 40.00 I ESTIMATED PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE AQUA TICS FYO0 FYOf FY02 FY03 FY04 FYO5 FY06 REVENUE NUMBERS FY07 FY08 Instructional Lessons: Parent/Tot (10 @ 45 min.) 20.00 20.00 20.00 22.50 22.50 25.00 25.00 $ 4,500 180 27.50 27.50 Preschool (10 (~ 45 min.) 20.00 20.00 20.00 22.50 22.50 __ 25.00 25.00 $ 9,750 _ 390 27.50 __ 27.50 Red ~:ross Basic Lessons (10 lessons {~ 45 min.) 21.00 21.00 21.00 23.50 23.50 26.00 26.00 $ 28,600 1100 28.50 28.50 Private Lessons (4 ~ 20 min.) 15.00 20.00 22.50 27.50 27.50 30.00 30.00 $ 22,500 _ 750 32.50 ..... 32.50 Adult Lessons (10 @ 45 min.) 22.50 25.00 25.00 27.50 27.50 30.00 30.00 $ 450 15 32.50 32.50 Diving Lessons (10 @ 45 min.) 20.00 20.00 20.00 22.50 22.50 25.00 25.00 $ 450 18 27.50 27.50 ***Basic Water Rescue (10 hrs.) 20.00 22.50 22.50 25.00 25.00 27.50 27.50 $ 275 10 30.00 I 30.00 ***Lifeguarding (46 hrs.) 80.00 80.00 80.00 85.00 85.00 90.00 90.00 $ 1,800 20 95.00 , 95.00 ***Water Safety Aide (20 hrs.) 42.00 42.00 42.00 45.00 45.00 50.00 50.00 $ 500 10 55.00 55.00 ***Water Safety Instructor (40 hrs.) 82.00 82.00 82.00 85.00 85.00 90.00 90.00 $ 900 10 95.00 95.00 ***Lifeguard Instructor (27 hfs.) 45.00 45.00 45.00 50.00 50.00 55.00 55.00 $ 550 10 60.00 60.00 TOTAL INSTRUCTIONAL PROGRAMS , $ .... _70,27_5. A~qua-Punch 37.50 41.25 41.25 45.00 45.00 50.00 50.00 $ 14,360 315 55.00 55.00 Lockers - City Park .10-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 $ 1,468 3915 .25-.50 .25-.50 Mercer Park .10-.50 .25-50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 $ 6,222 16592 .25-.50 .25-.50 Vending - MPAC $ 4,700 Vending - City Park Pool $ 2,242 ichool District (cost share for MPAC; 25% of specified items; 28E Agreement) : $ 62,000 Hotel/Motel Tax (15%) $ 82,500 'Changed to "Summer Pass" in FY04 '*Exclusive use of entire 8 lanes I I .... ***Fees include $1 surcharge by the American Red Cross ~) Either entirely or partially subJect to sales tax TOTAL AQUATICS REVENUE $ 450,622 Less Sales Tax $ (10,343) I -- GRAND TOTAL, AQUATICS REVENUE $ 440,279 ESTIMATED PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE SPECIAL POPULATIONS FYO0 FYO'~ FY02 F'Y03 FY04 FY05 FY06 REVENUE NUMBERS FYOT FY08 SPI Clubs 7.00 7.00 7.00 8.00 8.00 I 9.00 9.00 $ 360 40 __ 10.00 10.00 SPI Special Events $2-16 $2-16 $3-18 $3-18 $4-19 $4-19 $12.00 ! $ 1,260 105 $5-20 $5-20 $12.50- $12.50- SPI RecPrograms $5-15 $5-15 $10-15 $10-15 17.50 17.50 .. $15.00 $ 1,7_25 ~ 115 $15-20 _ $15-20 Adapted Aquatics (7 classes) 16.00 22.50 22~50 25.00 25.00 27.50 27.50 $ 1,650 60 ____ 30.00 30.00 SPI CLUBS SPI SPECIAL EVENTS SPI RECREATION PROGRAMS *Goodtimers Club *Bowling Tournament & Banquet Sports & Fitness: Independent Living: *Coffeehouse Club Special Olympics Competitions *Aerobic Dance Softball *Cooking Sibship Halloween Dance I Basketball *Aquatics *Sign Language FRIENDS Other Holiday Special Events Gymnastics Bicycling *Relaxation Summer Picnic Cheedeading Downhill and *Environmental EducatiOn Misc. Others *Fishing I Cross Country Skiinc~ *Leisure Education Track & Field and other topics of interest to participants) Soccer I SPI ADAPTED AQUATICS *Aqua-Stretch *Swim instruction for persons w/physical limitations only *Swim instruction for persons w/special needs Outdoor Nature Activities: Arts & Crafts: Hiking I I *Fascinating Flowers Plant and Animal Life Classes *Art in the Park SPECIAL OLYMPICS PROGRAM ] [ *Pottery See SPI Recreation Programs Music Programs: *Fabric Paints Art ___ Vocal Music Groups I Drama classes (jazz, hal_let, modern, line Rhythm Instrument Groups dance, creative dance, square dance, etc.) _ *Many other art classes * Fees assessed { I TOTAL S.P.I. REVENUE $ 4,995 ESTIMATED PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE RECREATION CENTER FYO0 FYOf FY02 FY03 FY04 FY05 FY06 REVENUE NUMBERS FY07 FY08 Room Rentals (per 3 hours use)- Mtg. Room/Kitchen/Craft Room 8.00 9.00 9.00 10.00 10.00 11.00 11.00 $ 3,800 3501 12.00 12.00 Social Hall 40.00 45.00 45.00 50.00 50,00 55.00 55.00 $ 8,000 150 60.00 ___ 60.00 Gymnasium (per hour/court) - Half Court 20.00 22.50 22.50 25.00 25.00 27.50 27.50 $ 2,200 __ 80 30.00 ___30.00 FulICourt 40.00 45.00 45.00 50.00 50.00 55.00 55.00 $ 1,000 25 60.00 .... 60.00 Game Room (per hour) 15.00 15.00 17.50 17.50 17.50 20.00 20.00 0 0 22.50 22.50 Locker Rentals - Daily (coin-operated) .25-.50 I .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 Monthly 3.00 5.00 5.00 7.00 7.00 7.00 7.00 8.00 8.00 Six Months 15.00 20.00 20.00 24.00 35.00 35.00 35.00 $ 4,175 750 40.00 40.00 Vending Machines $ 6,650 0 ___ Equipment Rental - _ Weekday 3.00 4.00 4.00 5.00 5.00 6.00 6.00 7.(~ 7.00 Weekend 6.00 7.00 7.00 8.00 8.00 9.00 9.00 $ 665 100 10.00 10.00~ Drop-in Use - Game Room No fee No fee No fee No fee No fee No fee No fee No fee No fe~- Weight Room No fee No fee No fee No fee No fee No fee, No fee No fee No fee Gym No fee No fee No fee No fee No fee No fee No fee No fee No fee Farmers Market - Dali 7.00 8.00 8.00 8.50 8.50 9.00 9.00 $ 450 50 9.50 9.50 Season (per market', 5.50 6.00 6.00 6.50 6.50 7.00 7.00 $ 16,800 2400 7.50; 7.50 Garden Plots 12.00 14.00 14.00 ! 16.00 16.00 18.00 18.00 $ 1,404 78 19.00 19.00 Non-resident Fees (for misc. activities through division) $ 5,000 _ Commissions (telephone, other misc.) $ 1,140 Theme Park Ticket Sales $ 10,000 Low Income Discounts $ {7,500) __ TOTAL RECREATION CENTER & OTHER REVENUE = $ 53,784 GR~HD TOTAL, R~:CR£ATION Dl¥1$1OH R£¥[NUE $ 873,065 I (non'property tax) I I Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 04-339 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'FrEST AN AGREEMENT BY AND BETVVEEN THE CITY OF IOWA CITY AND EARTH TECH, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MCCOLLISTER BOULEVARD PROJECT PHASE I. WHEREAS, the City of Iowa City desires to improve and expand the City's street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the construction of McCollister Boulevard from Riverside Drive to Gilbert Street will enhance traffic flow in south Iowa City; and WHEREAS, the City desires the services of a consulting firm to evaluate alignments and prepare an environmental assessment for construction of the McCollister Boulevard Project Phase I, all of which shall be called the Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Earth Tech, Inc. to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Earth Tech, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in duplicate. Passed and approved this 7th dayof December ,20 04 Approved by CITY'CLERK Cfty Attorney's Office Resolution No. 04-339 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman Z O'Donnell X Vanderhoef X Wilbum CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of J~)ecernL ~_~- ,2004, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Earth Tech, Inc., of Waterloo, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires the Consultant to provide professional services for the McCollister Boulevard Phase I Project between Riverside Drive and Gilbert Street/Sand Road in Iowa City, Iowa, as defined below. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Project Description The project is described as the development and evaluation of alternatives for the McCollister Boulevard Phase I Project. The project includes data collection and mapping, investigation of alignment alternatives, hydraulic modeling of the Iowa River, investigation of alternative types and locations for the Iowa River bridge, cultural resource surveys, a streamlined Environmental Assessment and a Location Public Hearing. The project is located between Riverside Drive and Gilbert Street/Sand Road, including a new bridge across the Iowa River, a distance of approximately 0.8 mile. The new roadway will be an extension of the Mormon Trek Boulevard project which is currently under final design and construction to the west of Riverside Drive. At Gilbert Street/Sand Road, the project will connect with the proposed roadway for the Sand Hill Subdivision. Attachment A shows the approximate project limits. B. Scope Services to be provided for the project under this Agreement are described in the following tasks. The level of detail for the project is further defined by the staff-hour allocations for each task in the attached staff-hour estimate. RESEARCH AND DATA COLLECTION Task 1 - Aerial Photography and Topographic Mapping. This task includes the collection of existing aerial photography and topographic mapping for the project area. Digitized aerial mapping, including 2-foot contours for the project area, will be furnished by the City. Task 2 - Property Owner Research. This task includes the collection of the County Auditor's parcel maps including property lines and property ownership information and the creation of a database used for notification mailings and other information related to the project. Task 3 - Field Reconnaissance. The accessible areas of the project corridor'will be walked and photographed by the project engineer, hydraulics engineer and project biologist prior to beginning the location study and environmental document. Task 4 - Soil Data Collection. This task includes the collection of available soils information for the project. A new subsurface investigation will be conducted by Terracon Consultants, under separate contract with the City, to provide on-site soils information for the project. Task 5 - Iowa River Hydraulics. This task includes the collection of existing information from the City, FEMA and Iowa DNR related to the hydrology and hydraulics of the Iowa River, including current flood maps and river models. Task 6 - Utility Research. This task includes gathering information on existing utilities in the project areas. In addition, inquiries will be made regarding the future needs and plans of utilities in the project area relative to replacement of existing utilities or relative to future planned facilities in the area. TOPOGRAPHIC SURVEY AND BASE MAPPING Task 7 - Supplemental Survey. The City will provide aerial photography and topographic mapping of the project area at a scale of 1"=100' with contours at an interval of 2'. This task includes field and office tasks to collect the topographic information for the project area pertaining to existing utilities, verification of the topographic information provided by the City and more detailed information pertaining to the Iowa River. The following subtasks are included: a. Baseline and Benchmarks. The project control surveys will be set in the field. b. Supplemental Planning-Level Survey. Field design survey will be conducted to identify aboveground utility fixtures and features within the project limits, which are needed for the location study and which do not show up in the aerial mapping. c. Property Comer Survey. Selected property comers will be obtained in the field, as needed to determine approximate locations of existing property lines. Task 8 - Base Map Preparation. This task includes preparation of base maps showing the information collected in the Utility Research and Supplemental Survey Tasks. The base -2- mapping will include surface features and utilities within the project limits, which are visible from the aerial mapping. The base mapping will also show the ownership of the adjacent properties based on the records in the County Auditor's office. Task 9 - Digital Terrain Model. This task includes creating a planning-level digital terrain model from the aerial mapping to develop the existing surface for use in the location study and bridge evaluation. LOCATION STUDY The development and evaluation of conceptual alignment and bridge alternatives will be conducted by the Consultant. It is anticipated that this process will include the involvement of City representatives, Consultant's staff and others. The Consultant will be responsible for providing technical evaluations and making a recommendation to the City. It is anticipated that the roadway alignment will be approximately as shown on the City's concept plans. The following tasks are included in the location study. Task 10 - Develop Initial Alternatives. Initial alignment alternatives will be developed on the digitized aerial mapping. Data collected in the previous tasks, as well as the environmental data, will be considered in developing the initial alternatives. Preliminary river crossing locations will be developed at the Iowa River. Task 11 - Preliminary Hydraulic Analysis. The existing hydraulic model will be obtained from FEMA for use on this project. This task will include correlating the hydraulic model near the proposed project, testing various alternatives for the proposed bridge, and determining the requirements for bridge opening, minimum elevation and pier placements. Task 12 - Evaluation of Bridge Design Alternatives. This task includes an evaluation of alternative bridge design concepts, including alternatives for the alignment, profile, span arrangement and potential bridge type. Bridge types to be evaluated include a prestressed concrete beam system, a steel girder system and possibly other types. Task 13 - Field Review. Preliminary alternatives will be reviewed in the field by the project engineer, hydraulics engineer, bridge engineer and project biologist. Property owner contacts will be completed by the Consultant prior to the field review. Inaccessible properties will be reviewed from aerial mapping or from nearby vantage points without entering private property. The following subtasks are included: a. Alternative Review. The project team leaders will conduct a half-day field review of the preliminary alternatives. b. Threatened and Endangered Species Habitat Review. There are known populations of Ornate Box Turtles in this area of the City. The project biologist, -3- after coordination with the Iowa Department of Natural Resources, will conduct a field review to determine the suitability of habitat for known threatened and endangered species. Task 14 - Evaluation of Alternatives. Because of the relatively narrow corridor for this project, it is anticipated that the screening and evaluation of alternatives will be combined into a single step. The final evaluation will compare major impacts of the preliminary alignments identified in Task 10. Major evaluation factors will include: · Erodible Soils/Steep Slopes Location of Affected Properties · Impacts to Residential Properties · Impacts to Businesses and Industrial Properties · Wetland Impacts · Threatened and Endangered Species Habitat · Wooded Area Impacts · Identify Known Archaeological and Historic Sites · Compatibility With Existing Arterial Streets · Compatibility With Land-Use Plans for the Area · Access to Properties · Flood Plain Impacts on Iowa River · Design Features (e.g., Preliminary Profile Grades and Maximum Curvature) · Preliminary Cost Comparisons (Planning Level) Task 15 - Trail Considerations. This task includes an evaluation of recreational trail accommodations on the roadway alignment and across the Iowa River. A preliminary trail concept will be prepared as part of the location study. Task 16 - Preliminary Opinion of Construction Cost. This task includes preparation of a planning-level estimate of construction cost. The construction cost opinion will be subject to change as the design is finalized. Task 17 - Location Study Report. A report will be prepared to summarize the final evaluation and recommendations. The report will be a concise text report with a location map approximately 1"=2,000'. Twenty (20) copies of the final report will be provided. In addition, five (5) copies of the aerial photography with the final alternatives will be provided at a scale of 1"=400'. The deliverables include: · Location Study Report · Supplemental Aerial Photography Prints · CADD Files With Final Alternatives on Aerial Mapping -4- ENVIRONMENTAL DOCUMENTATION The DOT will initiate NEPA project classification, with concurrence by FHWA. For the purpose of estimating the time/cost for this scope of services, it is assumed that a streamlined EA and FONSI will be prepared. It is recognized that the outcome of the EA may warrant additional and/or higher level studies that could result in the preparation of a Draft and Final EIS, as well as associated sub-studies. It is assumed that the environmental document required for this project will be a "Streamlined Environmental Assessment." The following tasks are included: Task 18 - Early Coordination. This task includes sending an early coordination letter and materials to key local, state and federal agencies with the purpose of identifying issues that should be examined early on in the environmental documentation process. Iowa DOT policy and procedures regarding early coordination and Iowa Intergovernmental Review will be followed. Task 19 - Wetland Boundary Delineation. The project wetland scientist, using the currently approved methods as defined in the 1987 Corps of Engineers Wetland Delineation Manual, will conduct an on-site delineation of existing wetlands at the project site. This work will include a field assessment of surface hydrology, observations of soil redoximorphic features and a plant community characterization. Wetland boundaries identified in the field will be mapped using a Global Positioning System (GPS). Task 20 - Cultural Resources. This task includes conducting Phase I cultural resources evaluations in accordance with guidelines established by the State Historic Society of Iowa, Historic Preservation Bureau and Section 106 of the National Historic Preservation Act. The historic/architectural intensive-level evaluation will include background research of existing data and various survey files. Field surveys will be conducted which entail photographing, mapping, and researching existing structures located in or adjacent to the proposed right-of-way. Properties will be documented in accordance with Iowa Historic Preservation Bureau guidelines and standards, and on Iowa Site Inventory forms. Whenever possible, owners or other knowledgeable individuals will be interviewed to obtain site-specific information of properties over 50 years old. The historic surveys will be completed by Tallgrass Historians as a subconsultant. The archaeological field survey will evaluate the potential for the remains of old structures and other features buried in or adjacent to the project corridor. This survey will be based on a review of historic maps, interviews with knowledgeable persons, archived research and shovel and auger tests. Identified sites will be photographed, mapped, researched, recorded on Iowa Archaeological Site Forms and evaluated. -5- Resources that are listed on the National Register of Historic Places or that have the potential to meet National Register eligibility criteria will be assessed for potential adverse effect from the project. When resources warrant further investigation, recommendations for additional testing and/or research will be made. The cultural resources reports will include a description of historic/architectural and archaeological resources in the project area, a description of survey methods and sources, a statement of findings and recommendations, and a bibliography of sources consulted. Site Inventory Forms and any other pertinent data, such as photographs and maps, will be included in the report. This scope of work does not include any Phase II work. The archaeological surveys will be performed by Bear Creek Archeology as a subconsultant. Task 21 - Waste Sites. This task includes researching existing records for properties that will be directly affected by the project to check for known and recorded hazardous waste sites. If potential waste sites are identified from these records and additional field investigation is needed to determine the limits and/or contaminants, it will be performed as a supplement to this Agreement. Task 22 - Streamlined Environmental Assessment Document. This task includes preparation of a Streamlined Environmental Assessment (EA) document according to FHWA guidelines. Impacts will be evaluated in the following areas -- land use, zoning, noise, threatened and endangered species, farmland, businesses, residences, water quality, floodplain/floodway, natural and cultural resources, wetlands, parks, and cumulative impacts. It is assumed that the EA Document will result in a Finding of No Significant Impact (FONSI) by FHWA. Twenty-five (25) copies of the EA will be printed. EXCEPTIONS TO ENVIRONMENTAL STUDIES If any threatened and endangered species surveys are required, including mussel surveys, this will be considered additional work and performed as a supplement to this Agreement. If a Section 4(f) Statement is required for impacts to public parks or historic sites, this will be considered additional work and would be performed as a supplement to this agreement. PUBLIC INVOLVEMENT These tasks are intended to give the property owners an overview of the project and solicit their input regarding their expectations with respect to the project and the issues relating to constructing the proposed improvements adjacent to their property. -6- Task 23 - Location Public Hearing. This task includes preparation for and attendance at one Location Public Hearing for the project. It is anticipated that the hearing will include a short presentation, followed by one-on-one digeugsiong with property owners and attendees. The Consultant will prepare handouts and display maps for the hearing and will prepare the transcript of the hearing. The City will be responsible for the meeting room arrangements and for any advance publicity and property owner notices. Task 24 - Individual Meetings With Property Owners. This task includes meeting with abutting property owners to discuss the specifics of the project as it relates to their property to obtain information regarding any issues the property owner feels are important and get input regarding their expectations about the project. The Consultant will prepare a memo of each meeting. Up to five (5) property owner meetings are included in this task. AGENCY COORDINATION Task 25 - Utility Coordination. This task includes coordination and meetings (beyond the Research and Data Collection Task) with representatives of private utility companies with facilities in the McCollister Boulevard Corridor. Task 26 - Public Agency Coordination. This task includes coordination with the City, Iowa DOT, FHWA, U.S. Army Corps of Engineers (COE), Iowa Department of Natural Resources (IDNR), and State Historical Preservation Office (SHPO) and other agencies, as needed. It also includes coordination with the U.S. Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service and the Iowa Department of Natural Resources in connection with the future Section 404/401 permit required for this project. Task 27 - Permit Applications. Preparation of applications and documentation for the permits required on this project are not included in the basic services but will be added as a supplemental agreement, if needed. These permits include the IDNR Floodplain Permit, COE Section404 Permit, IDNR 401 Water Quality, and the Iowa DOT Construction Permit. PROJECT MANAGEMENT AND MEETINGS Task 28 - Project Meetings. This task includes preparations for and attendance at an estimated six (6) project meetings with the City and Consultant design staff throughout this phase of the project. Task 29 - Monthly Proiect Status Reports. This task includes preparing and submitting monthly status reports to the City. Task 30 - Project Administration. This task includes project administration for this phase of the project. The task includes intraoffice meetings, which will be attended by -7- the project team, as well as general day-to-day administrative tasks and typing of intraoffice memoranda. Also included is the coordination and exchange of information between the Consultant and subconsultants, and management of internal project schedules and budgets. PHASE H- FINAL DESIGN The scope of services for the final design will be determined upon completion of the Preliminary Design Plan, and defined under a separate agreement. Final design services will include soils investigation and development of final construction plans and specifications for the McCollister Boulevard roadway and bridges in a format suitable for an Iowa DOT letting, as well as pre-bid activities. PHASE III - CONSTR UCTION-RELA TED SER VICES The scope of services for the construction-related services will be determined at the time the services are needed and defined under a separate agreement. Construction-related services include construction staking, field review, engineering assistance, shop drawing review, materials testing and contract administration during the construction phase of the project. C. City's Responsibilities City, at its expense, shall do the following in a timely manner so as not to delay the Services. 1. InformatiorffReports Furnish Consultant available information needed for the Project, all of which Consultant may rely upon without independent verification in performing the Services. Information will include, but not limited to, digitized aerial mapping, other existing maps and reports, and traffic volume estimates sufficient to complete the study. 2. Representative Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define City's policies and make decisions with respect to the Services. -8- 3. Decisions Provide all criteria and full information as to City requirements for the Project, obtain (with Consultant's assistance, if applicable) necessary approvals, attend Project-related meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and generally participate in the Project to the extent necessary to allow Consultant to perform the Services. H. TIME OF COMPLETION The Consultant shall complete the professional services of the Project within 18 months following Notice to Proceed. m. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. 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. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention o£ the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the fight to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. -9- F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Afiy requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. 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. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Reuse of such drawings on other projects without the written consent of Consultant shall be without liability to the Consultant and at the sole risk of the user. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged 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 provision enumerated in Section 362.5. -10- O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES City shall pay Consultant for the Services in accordance with the following: A. Compensation for the Services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. The compensation for the services shall be a not-to-exceed amount of One Hundred Ninety- Four Thousand Dollars ($194,000.00) without authorization of the City. Proposed budget is provided in Attachment A. B. The nature of engineering services is such that actual costs are not completely determinable in advance. Therefore, it is possible Consultant's actual costs may exceed those shown in Paragraph A and Attachment A. A contingency amount of Nineteen Thousand Dollars ($19,000.00) has been established to provide for actual costs, which exceed those estimated. If, at any time during the work, Consultant determines its actual costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the City in writing and describe what costs are causing the overrun and the reason. Consultant shall not exceed the estimated actual costs without the prior written approval of the City. C. Consultant may bill the City monthly for services completed at the time of billing, with net payment due in 20 days. Past-due balances shall be subject to a service charge at the rate of 1% per month per request by Consultant. Unless City provides Consultant with a written statement of any objection to the bill within 15 days of receipt, City shall be deemed to accept the bill as submitted. V. MISCELLANEOUS A. All provisions of the Agreement shall bc reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. -11- FOR THE CITY FOR THE CONSULTANT By~ By: Joe A. Becker Title: ~qayor Title: Vice President Date: December 7, 2004 Date: December 1,2004 APPROVED BY: City Attomey's Office Date L:\workXADMINXAGREEXPROF~IowaCityMcCollister.doc -12- ATTACHMENT A FEE SCHEDULE EFFECTIVE JANUARY 1, 2005 Classification Hourly Rate Range Senior Professional $130.00- $210.00 Project Professional $80.00- $160.00 StaffProfessional $60.00- $100.00 Professional $40.00 - $80.00 CADD Operator II $50.00 - $90.00 CADD Operator I $30.00 - $60.00 Senior Technician $60.00 - $110.00 Technician $20.00 - $70.00 Project Support $20.00 - $70.00 Direct Expenses: Subconsultants At Cost Computer Technology Included in Above Rates Copies - Black & White $0.06/Sheet Copies o Color $0.12/Sheet Blueprinting $0.50/Sheet Sepia Mylar $5.00/Sheet Sepia Vellum $2.70/Sheet Troxler Density Meter $45.00/Day Geodimeter $12.50/Hour Mileage IRS Rate (Present $0.375) Sheet Size 24x36 Approximate Meals, lodging, car rentals, air travel and some other expenses are invoiced at cost. Specialized equipment and laboratory rates are available for applicable projects. Method of compensation can be adjusted to client needs. Previous methods used include: lump sum, percentage of construction, hourly rates and direct expenses, classification rates and cost plus fixed fee. Services normally not charged to long-term clients: attendance at Council meetings, cost estimate preparation for grant applications, storage and retrieval of original documents on past projects, general miscellaneous requests, general questions, and coordination with regulatory and funding agencies. If you have any questions, please contact Joe Becket at 319-232-6531 or 1-800-772-2028 (in-state WATS). -13- 12/1/2004 Page 1 Attachment A Iowa City, Iowa McCollister Boulevard, Phase I Riverside Drive to Gilbert Street I Sand Road Location Study and Environmental Assessment STAFF HOUR ESTIMATE CADD CADD Word Proc./ Earth Senior Project Staff Operator Operator Project Tech Description of Work Prof. Prof. Prof. II I Tech. Admin. Total Researchr Data Collection and Base Mappin~ 1 Aerial Photography & Topographic Mapping 2 2 2 Property Owner Research 12 4 16 3 Field Reconnaissance 8 16 24 4 Soil Data Collection 2 4 6 5 Iowa River Hydraulics 8 4 12 6 Utility Research. 4 4 8 7 Supplemental Survey a Baseline & Benchmarks 10 20 30 b Supplemental Plannin~l-Level Survey 32 32 c Property Comer Survey 16 16 32 8 Base Map Preparation 4 40 44 9 Digital Terrain Model 4 8 12 Subtotal 8 40 46 52 0 68 4 218 Location Study I0 Develop Initial Alternatives 8 20 8 36 11 Preliminary Hydraulic Analysis 2 24 80 4(3 146 12 Evaluation of Bridge Design Alternatives 8 24 16 81 56 13 Field Review a Alternatives Review 8 24 32 b Threatened and Endangered Species Habitat 8 8 14 Evaluation of Alternatives 24 64 24 32 144 15 Trail Considerations 2 8 8 18 16 Preliminary Opinion of Constructioo Cost 2 16 16 8 42 17 Location Study Report 24 24 32 16 96 Subfotal 78 212 136 136 0 0 16 578 I#. Environmental Documentation 18 Early Coordination 16 16 4 36 19 Wetland Boundary Delineation 16 8 24 20 Cultural Resources 2 4 4 10 21 Waste Sites 16 2 2 20 22 Streamlined Environmental Assessment a Environmental Data Collection 8 8 16 b Natural Resources Impacts 8 , 1____,2 4 24 c Social, Economic and Land Use Impacts 16 8 24 d Noise Impacts 16 2 __ 8 ___ 26 e Other Impacts 4 4 8 f Cultural Resources Impacts 8 4 4 16 ,, ,g DraftEA ,, __ 8 80 40 __ 24 32 184 h EA Revisions 4 16 4 4 8 36 I Print and Distribute EA 4 4 4 12 24 j Draft o~' FONSI 12 8 4 8 32 k Revise, Print and Distribute FONSI 8 4 _2_ 4 18 Subtotal 14 204 114 96 0 0 70 498 12/1/2004 Page 2 Attachment A Iowa City, Iowa McCollister Boulevard, Phase I Riverside Drive to Gilbert Street I Sand Road Location Study and Environmental Assessment STAFF HOUR ESTIMATE CADD CADD Word Proc./ Earth Senior Project Staff Operator Operator Project Tach Description of Work Prof. Prof. Prof. II I Tach. Admin. Total IV. PubliclnvolvementandA~jencyCoordination 23 Location Public Headng 32 48 60 20 160 24 Individual Meetin~]s with Property Owners 30 30 20 4 84 25 Utility Coordination 4 8 12 26 Public A~]enc¥ Coordination 4 16 4 24 27 Permit Applications 0 Subtotal 70 102 0 80 0 0 28 280 V. Project Management & Meetin~ls 28 Project Meetin~]s 36 36 36 12 120 29 Monthly Project Status Reports 12 12 24 30 Project Administration 32 24 24 80 Subtotal 80 60 0 36 0 0 48 224 TotalHours 250 618 296 400 0 ! 68 166 '1,798 Estimated Labor Costs $170,500.00 Estimated Expenses $1,500.00 Tallgrass Historians $9,000.00 Bear Creek Archeology, Inc. $13,000.00 Estimated Subconsultants $22,000.00 Estimated Total Costs $194,000.00 Contingency $19,000.00 Maximum Amount Payable $213,000.00 0 1,000 2,000 3.000 4.000 SC,N.E IN FEET ~ Earth Tech McCollisterphc~seBIVd., Corridor A Tyco International Ltd Company Location Study WATERLOO DES MOINES IOWA CIl~' November 2004 City of Iowa City, Iowa 72949 CONSULTANT AGREEMENT THIS AGREEMENT t entered into this day of__ _, 2004, by and between the City a municipal corporation, hereinafter referred as the City and Earth Tech, Inc., of Waterloo, as the Consultant. WHEREAS, the City desires Consultant to provide professional s for the McCollister Boulevard Phase I Project between Gilbert Street/Sand Road , Iowa, as defined below. NOW THEREFORE, it is between the parties hereto the City does now contract with the Consultant to provide services as L SCOPE OF SERVICES Consultant agrees to perform the services the City, and to do so in a timely and satisfactory manner. A. Project Description The project is described as the and evaluation of alternatives for the McCollister Boulevard Phase I The project includes data collection and mapping, investigation of ali hydraulic modeling of the Iowa River, investigation of alternative types :ations for the Iowa River bridge, cultural resource surveys, a Assessment and a Location Public Hearing, The project is : Drive and Gilbert Street/Sand Road, including a new bridge across . distance of approximately 0.8 mile. The new roadway will be an of the Trek Boulevard project which is currently under final desi construction west of Riverside Drive. At Gilbert Street/Sand Road, the : will ?nnect proposed roadway for the Sand Hill Subdivision. shows the 5mits. B. Scope Services to be for the project under this Agreement are described in the following tasks, level of detail for the project is fu~her defined by the staff-hour a task in the attached staff-hour estimate.\,, RESEARCH AND DA TA COLLECTI~)N Task 1 - tl Photo and This task includes the collection of : aerial photography and topographic mapping for the project area. Digitized , including 2-foot contours for the project area, will be furnished by the Task 2 - Property Owner Research. This task includes the collection of the County Auditor's parcel maps including property lines and property ownership information and the creation of adatabase used for notification mailings and other information related to the project. Task 3 - Field Rec0 ,nnaissance. The accessible a[eas of the project corridor will be walked and photographed by the project engineer, hydraulics engineer and project biologist prior to beginni~, g the location study and environmental document. Task 4 - Soil Data Coll~gtion. This task includes the collection of available soils information for the projec~,~ A new investigation will be conducted by Terracon Consultants, under~,~eparate with the City, to provide on-site soils information for the project. Task 5 - Iowa River Hydraulics. This task the collection of existing information from the City, FEMA and Iow~ hydrology and hydraulics of the Iowa River, including current flood maps'and: Task 6 - Utili _ty Research. This task udes gathering information on existing utilities in the project areas. In addition, will be made regarding the future needs and plans of utilities in the project area to replacement of existing utilities or relative to future planned facilities 7 SURV~i[ AND BASE MAPPING Task 7 - Supplemental The will provide aerial photography and topographic mapping of the ect area at scale of 1"=100' with contours at an interval of 2'. This task field and tasks to collect the topographic information for the area pertaining to utilities, verification of the topographic information by the City and detailed information pertaining to the Iowa River. The subtasks d: a. Baseline and The proj will be set in the field. b. Field survey will be conducted to identify utility fixtures and the project limits, which are for the location study and which not show up in the aerial mapping. c. Selected property comers be obtained in the field, approximate loc ; property lines. Task 8 - BE This task includes preparation f base maps showing the collected in the Utility Research and ' Tasks. The base -2- mapping will include surface features and utilities within the project limits, which are visible from the aerial mapping. The base mapping will also show the ownership of the adjacent properties based on the records in the County Auditor's office. Task 9 - Digital Terrain Model. This task includes creating] a planning-level digital terrain model from the aerial mapping to develop the existing surface for use in the location study and bridge evaluation. LOCATION STUD Y evaluation of conceptual alignment bridge alternatives will be conducted by the It is anticipated that process will include the involvement of Consultant's staff ~thers. The Consultant will be responsible for technical evaluations a recommendation to the City. It is antici[ approximately as shown on the City's concept plans. The tasks are in the location study. Task 10 - Develop Initial alternatives will be developed on the digitized aerial Data collecte, n the previous tasks, as well as the environmental data, will be devel~ the initial alternatives. Preliminary river crossing locations will River. Task 11 - Preliminary Hydraulic The existing hydraulic model will be obtained from FEMA for use on this This task will include correlating the hydraulic model near the various alternatives for the proposed bridge, and determining the bridge opening, minimum elevation and pier placements. Task 12 - Evaluation This task includes an evaluation of alternative bridge design concepts, i for the alignment, profile, span to be evaluated include a arrangement and potential possibly other types. Task 13 - Field Review. alternatives will b~xreviewed in the field by the project engineer, hydraulics bridge engineer anclX~roject biologist. Property owner contacts will be c( by the Consultant p.~r to the field review. Inaccessible properties will reviewed from aerial mappinl~ or from nearby vantage points without enterin 'v~ property. The following subtas~c~X~xre included: a. Alternative R w. The project team leaders will conls~ct a half-day field review of the mary alternatives. ~ b. Endangered Species Habitat Review. There are known ~f Ornate Box Turtles in this area of the City. The project biologist, -3- after coordination with the Iowa Department of Natural Resources, will conduct a field review to determine the suitability of habitat for known threatened and endangered species. , 14 - Evaluation of Alternatives. Because of the narrow corridor for this ct, it is anticipated that the screening and of alternatives will be into a single step. The final evaluation compare major impacts of the identified in Task 10. Major e factors will include: · Soils/Steep Slopes · Affected Properties · to Residential Properties · , Businesses and Industrial · Endangered Specie~, · Identif) ~gical: . Historic Sites · Compatibility Streets · Compatibility the Area · Access to · Design Features ' Profile Grades and Maximum Curvature) · Preliminary ons (Planning Level) Task 15 - Trail task includes an evaluation of recreational trail accommodations on the and across the Iowa River. A preliminary trail concept will be Task 16 - This task includes preparation of a planning-level estimate construction The construction cost opinion will be subject ~ is finalized. \ Task 17 - Location A report w~,ll be prepared to summarize the final evaluation The report will'he a concise text report with a location map Twenty (20) copies'~f the final report will be provided. In addition, five copies of the aerial photograph~, with the final alternatives will be provided at a of 1"=400'. The deliverables incluc~: · Report ~ · Aerial Photography Prints ~ · CADD Files With Final Altematives on Aerial MalSping ENVIRONMENTAL DOCUMENTATION DOT will initiate NEPA project classification, with concurrence by FHW/A. For the of estimating the time/cost for this scope of services, it is as~med that a EA and FONSI will be prepared. It is recognized that the o.ut/q,6me of the EA additional and/or higher level studies that could result in t~te preparation of EIS, as well as associated sub-studies. // / It is ~ssumed the environmental document required for th~ project will be a "~ tre mlined t ~,m~ ~ Assessment." The following tasks ar/included: \ / Task 18 - Early 'difl 1 ,. This task includes sending an early coordination letter and materials to k~y local, s ~ and federal agencies with the pvipose of identifying issues that should be examined on in the environmental ddcumentation process. Iowa DOT policy and regarding early Iowa Intergovernmental Review will be followed. Task 19 - Wetland ineation. The ect wetland scientist, using the currently approved methods as fined in Corps of Engineers Wetland Delineation Manual, will conduct on-site of existing wetlands at the project site. This work will assessment of surface hydrology, observations of soil redoximorphic a plant community characterization. Wetland boundaries identified in the will be mapped using a Global Positioning System (GPS). Task 20 - Cultural Resources. Thk, conducting Phase I cultural resources evaluations in accordance with ,lished by the State Historic Society of Iowa, Historic Preservation . and Section of the National Historic Preservation Act. The intensive-level will include background research of existing data and survey files, ld surveys will be conducted which entail photographing, and researching : structures located in or adjacent to the proposed Properties will be in accordance with Iowa Historic Preservation guidelines and and on Iowa Site Inventory forms. Whenever owners or other individuals will be interviewed to site-specific information of over 50 years old. The Th.e field survey will evaluate the for the remains of old structures features buffed in or adjacent to the t corridor. This survey will be on a review of historic maps, interviews with t~owledgeable persons, rch and shovel and auger tests. Identified sites ~11 be photographed, researched, recorded on Iowa Archaeological Site Forms an~:~evaluated. -5- Resources that are listed on the National Register of Historic Places or that have the potential to meet National Register eligibility criteria will be assessed for potential effect from the project. When resources warrant further investigation, for additional testing and~or research will be made. The resources reports will include a description of historic/architectural and ical resources in the project area, a description and sources, a of findings and recommendations, and a bibliography consulted. Site Forms and any other pertinent data, such as photographs a maps, will be This scope does not include any Phase II work. The ical surveys will be performed by Creek Archeology as a subconsultant. Task 21 - Waste Sites. task includes records for properties that will be directly affected the project to check for . recorded hazardous waste sites. If potential are identified from records and additional field investigation is the limits it will be performed as a supplement to this Task 22 - Streamlined Document. This task includes preparation of a Streamlined essment (EA) document according to FHWA guidelines. Impacts will in the following areas -- land use, zoning, noise, threatened and endangered farmland, businesses, residences, water quality, floodplain/floodway, cultural resources, wetlands, parks, and cumulative impacts. It is assumed that the in a Finding of No Significant Impact (FONSI) by FHWA. (25) '. EA will be printed. ~ T(. STUDIES If any threatened and species surveys a~e required, including mussel surveys, this will be co,~sid additional work and p~[formed as a supplement to this Agreement. If a >e~t 4(f) Statement is required fo~ impacts to public parks or historic sites, this will be ~Sn ;idered additional work and wouI~ be performed as a supplement to this agreemeny ~ · PUBLIC INVOL VEMENTX These tas//~ are intended to give the property o _wners an~overview °f the pr°ject and solicit their input regarding their expectations with respec, tj to the project and the issues relating to constructing the proposed improvements adjacent to their property. -6- Task 23 - Location Public Hearing. This task includes preparation for and attendance at one Location Public Hearing for the project. It is anticipated that the hearing will include a short presentation, followed by one-on-one discussions with property owners and atten~X~s. The Consultant .will prepare handouts and display maps for the hearing and will pre'~are the transcript of the hearing. The City will be responsible for the meeting room k~rangements and for any advance publicity and property owner notices. \ Task 24 - Individiltal Meetings With Property Owners. This task includes meeting with abutting property o~ers to discuss the specifics of the project as/it relates to their property to obtain ~formation regarding any issues the properff~ owner feels are important and get inpu'~xregarding their expectations about the pr, oj/~ct. The Consultant will prepare a memo of~ach meeting. Up to five (5) properof owner meetings are included in this task. ~x / ~NCY COORDINATION~//~ Task 25 - Utility Coordination. ; task includes coo.fdinati~on and meetings (beyond the Research and Data Collection :k) with represent/gtives of private utility companies with facilities in the ] .evard Corridor.- Task 26 - Public Agency includes coordination with the City, Iowa DOT, FHWA, U.S. Army COE), Iowa Department of Natural Resources (IDNR), and State Historical (SHPO) and other agencies, as needed. It also includes coordination t the U.S. Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service .. Iowa Department of Natural Resources in connection with the future Section pe/~it required for this project. Task 27 - Permit Applications. of~pplications and documentation for the permits required on this not included ih~the basic services but will be added as a supplemental needed. These pC[mits include the IDNR Floodplain Permit, COE Section404 IDNR 401 Walker Quality, and the Iowa DOT Construction Permit. k,~ ~ANAGEMENT AND M~ETINGS Task 28 - Pro' This task includes preparati{ns for and attendance at an estimated six ( ect meetings with the City and Consul~nt design staff throughout thisphaseo7 project. ,, ~ Task 29 -~/lot tly Proiect Status Reports. This task includes ~eparing and submitting ~t~ ~tus reports ~o the City. '~ ' - Project Administration. This task includes project' a~tministration for this phase of the project. The task includes intraoffice meetings, which will be attended by -7- the project team, as well as general day-to-day administrative tasks and typing of intraoffice memoranda. Also included is the coordination and exchange of information between the Consultant and subconsultants, and management of internal project schedflCs and budgets. PHASE I1 The scope for the final design will be upon completion of the Preliminav and defined under a se agreement. Final design services will include soils and of final construction plans and specifications for ;ter Boulevard and bridges in a format suitable for an Iowa s well as pre-bid The scope of services for ~ervices will be determined at the time the services are needed and a separate agreement. Construction-related services include construction Id review, engineering assistance, shop drawing review, materials testing and during the construction phase of the project. C. City's Responsibilities City, at its expense, shall a timely manner so as not to delay the Services. 1. Furnish C)~sultant available information n~ded for the Project, all of which Consulta/fit may rely upon without independ6t~t verification in performing the Service. Information will include, but not lim~ed to, digitized aerial mapping, other//existing maps and reports, and traffic ~lume estimates sufficient to co/~lete th~ study. ~ 2. ~epresentative / /Designate a representative for the Project who sha'lt,,,,~ave the a.u, thority to transmit instructions, receive information, interpret and 3efine City s policies and make decisions with respect to the Services. -8- 3. Decisions Provide all criteria and full information as to City requirements for the Project, obtain (with Consultant's assistance, if applicable) necessary approvals, attend '"', Project-related meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and I late in the Project to the extent necessary to allow Consultant to he Services. H. TIME The Consultant ~lete the professional services the Project within 18 months following Notice to III. GENERAL TERMS A. The Consultant shall any of the : employment practices and agrees to prohibit the 1. To discharge or to of their race, color, religion, sex, national origin, marital status, gender identity, or sexual orientation. 2. To discriminate against individual in terms, conditions, or privileges of employment because color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the City terminate this the Consultant shall be paid for all work and services performed up to the However, such sums shall not be greater than the "lump sum" in The City may terminate this Agreement upon seven (7) calendar r written notice to C. This Agreement shall finding upon the and assigns of the parties hereto, provided that no shall be without ~arritten consent of all Parties to said Agreement. ~ \ D. It is hat the retention of the Cork?ultant by the City for the purpose of the Project be as an independent contractor X~nd shall be exclusive, but the the fight to employ such assistance as may be required for the Consultantect.~ E. It is agreed the City that all records and files pertaining to information needed by the the project shall be available by said City upon reasonable request to the The City agrees to furnish all reasonable assistance in the use of these records and files. -9- F. It is agreed that no Party to this Agreement shall perform contrary to any state, federal, : local law or any of the ordinances of the City of Iowa City, Iowa. G. At the re~ I of the City, the Consultant of the City Council relative to the forth in this Agreement. Any requests r by the City shall be given with : to the Consultant to assure H. The Consultant to furnish, upon term/nation Agreement and upon demand by the City, cop~es basic notes and sketches, computations, and any other data prepared or ~ the Consultant to this Agreement without cost, and without restrictions to the to specific projects covered under this Agreement. In such the not be liable for the City's use of such documents on other I. The Consultant a , and drawings, With the seal of a Iowa law. J. The City agrees to tender the all fees in a timely manner, excepting, however, that failure of the Consultant to accordance with this Agreement shall constitute grounds for to withhold payment of the amount sufficient to properly complete the Project Agreement. K. Should any section found invalid, it is agreed that the remaining portion shall be deemed invalid portion and continue in full force and effect. L. Original contract .hall become the p~perty of the City. The Consultant shall be allowed to keep: >duc ible copies for t~e Consultant% own filing use. Reuse of such drawings om ects without the writt~{n consent of Consultant shall be without liability to theC/~ md at the sole risk of theh{ser. / M. Fees paid fo~sec il approval of authorities havin~jurisdiction over the Project will be paid bY thTity' ~ N.' Upon si~g~ning this agreement, Consultant ackno,wled, gecl, xthat Section 362.5 of the Iowa Code ~o_hibit~_a City officer or employee fi:om having a~ interest in a contract with the City, and certifies that no employee or officer of. the City: ~!ch 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 provision enumerated in Section 362.5. -10- 0. The agrees at all times material to this Agreement to have and maintain insurance covering the Consultant's liability for the Consultant's negligent ; and omissions to the City in the sum of $1,000,000. IV. C / City shall pay Consultant Services in accordance with the follow~fig: / A. Compensation for the shall be on an hourly basis iryhccordance with the hourly fees and other direct in effect at the time the ,Services are performed. The compensation for the services be a not-to-exceed a~ount of One Hundred Ninety- Four Thousand Dollars ~.00) without authqization of the City. Proposed budget is provided in Attachment // B. The nature of engineering is such t~t actual costs are not completely determinable in advance. Therefore possi~{e Consultant's actual costs may exceed those shown in Paragraph A and A contingency amount of Nineteen Thousand Dollars ($19,000.00) has been to provide for actual costs, which exceed those estimated. If, at any time during the work, its actual costs will exceed the estimated actual costs, thus use of a contingency amount, it will promptly so notify the City in what costs are causing the overrun and the reason. Consultant shall estimated actual costs without the prior written approval of the City. C. Consultant may bill the fleted at the time of billing, with net payment due balances be subject to a service charge at the rate of 1% per month Consultant. City provides Consultant with a written statement of ection to the bill 15 days of receipt, City shall be deemed to accept the submitted. V. MISCELLANEOUS · ~ accordance with the generally A. All ' of the Agreement shall be reconciled i accepted ~ ; of the Engineering Profession. B. It is that there are no other considerations[ or monies contingent upon or from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. -11- FOR THE CITY FOR THE CONSULTANT By: · By: / Jo?. Becker Title: ¥~ce President Title: / / / December 1, 2004 Date: Date: ATTEST: BY: t ''Cl' ty Att orn~ey's Office Date L:\workkADM IN~GREEkP ROFxlowaCityMcCollister .d cc -12- ATTACHMENT A FEE SCHEDULE EFFECTIVE JANUARY 1, 2005 Classification Hourly Rate Range} 1 Senior Professional $130.00- $210.00/ $80.00 - $160.0~ $60.00- $100.~/0 Project Pro~essional Staff Pro festal Professional ~ $40.00- $80./00 CADD Operator II',X $50.00 - $9~.00 CADD Operator I ~ $30.00 - $6/0.00 Senior Techm~ian ~ $60.00 - $1/t0.00 Technician ~ $20.00 - 270.00 Project Support ~ $20.00 /$70.00 / Direct Expenses: ~ Subconsultants ~ ,At Cost Computer Technology ~ Include/l m Above Rates Copies - Black & White ~ ;$0.06/Sheet Copies- .Color ~ 12/Sheet Blueprinting ~ $0.50/Sheet Sepia Mylar X $5.00/Sheet Sepia Vellum _ _ ~ $2.70/Sheet Troxler Density Meter x $45.00/Day Geodimeter $12.50/Hour Mileage IRS Rate (Present $0.375) Sheet Size 24x36 Approximate Meals, lodging, car rentals, tt cost. Specialized equipment and laboratory available for ~ Method of compensatim to client needs, used include: lump sum, percentage of construction, hourly and direct expenses, and cost plus fixed fee. Services normally not long-term clients: attendance at Council tax'tings, cost estimate .torage and retrieval of original documents on~ p,~.t projects, general preparatiOnmiscellaneousfOrrequests, questions, and coordination with regulatory and fundir~gencies. If you have please contact Joe Becker at 319-232-6531 or 1-800-772-2028 (in-state WATS). -13-