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HomeMy WebLinkAbout1998-07-28 ResolutionRESOLUTION NO. 98-236 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Augies Downtown - 13 S. Linn Street Memories - 928 Maiden Lane Iowa City Fall Fun Festival - 2140 RocheSter Avenue It was moved by Thornberry and seconded by Vanderhoef as read be adopted, and upon roll callthere were: that the Resolution AYES: NAYS: ABSENT: Passed and approved this 28th day of Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ~i July , ___. '~I~IAYOR City Attorney's Office a\danceprm.res Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 98-237 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: One-Eyed Jake's - 18-20 S. Clinton Street The Cellar - 116 S. Linn Street Passed and approved this 28th dayof July ,19 98 Approved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef derkVes~cigperrn.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 98-238 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 632 BROWN STREET, IOWA CITY, IOWA WHEREAS, on October 13, 1995 the property owner of 632 Brown Street, executed a conditional occupancy Mortgage for the amount of $14,313.00, and on September 20, 1996 a conditional occupancy Mortgage for the amount of $14,239.00 and a 10-year declining balance Mortgage for the amount of $2,513.00 for a total of $31,065.00 through the City's Housing Rehabilitation Program; and WHEREAS, these documents created a lien against the property; and WHEREAS, the balance of the ten-year depreciation lien is $2,010.40; and WHEREAS, the balances of the conditional occupancy loans are $28,552.00; and WHEREAS, on July 13, 1998 the loans were paid off; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 632 Brown Street, Iowa City, Iowa from the Mortgage recorded on May 9, 1996 in Book 2079 Page 4 through 8, the Mortgage recorded on October 8, 1996, in Book 2167 Page 143 through Page 147, and the Mortgage recorded on October 8, 1996 in Book 2167 Page 148 through 152 of the Johnson County Recorder's Office. Passed and approved this 28TH ATTEST:C~ ~. ,1998. Approved by ~'~ ~ ttO'rFley's OffiCe ppdrehab/res/632brown .doc Resolution No. 98-238 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be 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 632 Brown Street, Iowa City, Iowa, and legally described as follows: Commencing at the Southeast corner of Out Lot 15 in Iowa City, Iowa, according to the recorded plat thereof, thence North 100 feet; thence West 60 feet; thence South 100 feet; thence East 60 feet in the place of beginning. from an obligation of the property owner, Frances E. Shain, to the City of Iowa City in the total amount of $31,065.00 represented by the Mortgage recorded on May 9, 1996 in Book 2079 Page 4 through Page 8, and the Mortgage recorded on October 8, 1996, in Book 2167 Page 143 through Page 147, and the Mortgage recorded on October 8, 1996 in Book 2167 Page 148 through Page 152 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. MAYOR Approved by City Attorney's Office STATE OF IOWA ) ) JOHNSON COUNTY ) SS: On this Z~HL day of ~"--~J , A.D. 19 ~7){ , 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. 75-~ ~ , adopted by the City Council on the ZE~ ~Lday ~' 5"u_~ , 19 ~ and that the said Ernest W. Lehman and Marian K. Karr fTff as such o ricers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab/632brown.docl Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 98-239 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A STATEMENT FOR LIFE LIEN FOR THE PROPERTY LOCATED AT 57 SHOWERS ADDITION, IOWA CITY, IOWA WHEREAS, on May 16, 1991, the property owners of 57 Showers Addition executed a Life Lien in the amount of $4,000.00 through the City's Housing Rehabilitation Program, and WHEREAS, this document created a lien against the property; and WHEREAS, the owner had to relocate because of the demolition of her home in June 1998 for construction of the new storm sewer; thus, WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 57 Showers Addition, Iowa City, Iowa from the Statement of Life Lien recorded on October 4, 1991 in Book 1285, Page 201 of the Johnson County Recorder's Office. Passed and approved this 28th day of ATTEST:C~ ~. ~:~,) ,1998. Approved by ..~.. It was moved by Thornberry and upon roll call there were: AYES: NAYS: X X X X X X X ppdrehab/res/57shower.doc and seconded by Vanderhoef ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be adopted, 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 57 Showers Addition, Iowa City, Iowa, and legally described as follows: The house and appurtenant structures located on the property described as follows: Site #57, Government Lot 4, in Section 22, Township 79 North, Range 6 West of the 5th. P.M. subject to easements and restriction of record...Said pro, perty is also known as 57 Sand Road, Johnson CoUnty, Iowa, from an obligation of the property owners, Patricia Peyton and Valerie L. Barnes, to the City of Iowa City in the principal amount of $4,000 represented by a Statement of Life Lien recorded on October 4, 1991 in Book 1285 Page 201 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: CiT~.,~/__E~R,~ Y~. Approved by C~A~ ~rney's Cite STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Z~ ~ day of 3"~f , A.D. 19 ~ ? , 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. ~'--z37, adopted by the City Council on the Z-f w-- day Is 'c~o~i , 19 ~ ~ and that the said Ernest W. Lehman and Marian K. Karr a u cers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab~57shower.doc Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 98-240 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1916 WATERFRONT DRIVE, IOWA CITY, IOWA , WHEREAS, on May 4, 1994, the agency at 1916 Waterfront Drive executed a four year, two month no-interest loan in the amount of $20,936.65 through the City's Community Development Block Grant Funds, and WHEREAS, this document created a lien against the property; and WHEREAS, the terms of the note have been satisfied; thus WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1916 Waterfront Drive, Iowa City, Iowa from the Mortgage recorded on May 5, 1994 in Book 1743, Page 107 through Page 110 of the Johnson County Recorder's Office. Passed and approved this 28th day of July ,1998. ATTEST:Ci~L~~RK ~' Approved by City Attorney's Often' It was moved by Thof'nbem',y and seconded by adopted, and upon roll call there were: Vandet~hoef the Resolution be AYES: NAYS: ABSENT: X X X X X X ppdrehab/res/1916watr.doc Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 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 1916 Waterfront Drive, Iowa City, Iowa, and legally described as follows: Lot 16, Block 5, Braverman Center, Iowa City, Iowa from an obligation of the agency, Youth Homes, Inc., to the City of Iowa City in the principal amount of $20,936.65 represented by a Mortgage recorded on May 5, 1994 in Book 1743 Page 107 through Page 110 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. I~'AYOR ATTEST: CITY CLERK Approved by STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this z ~ ,6 day of 3'~.,.~ , A.D. 19 ~ ~ , 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 ~_,_ouncil, as contained in Resolution No. f~-2fc>, adopted by the City Council on the Z~'~ day ~ ~"-~ , 19 ff and that the said Ernest W. Lehman and Marian K. Karr as such oTf'ficers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\1916watr.doc Notary Public in and for Johnson County, Iowa --rn ~ ~ _F~: ~,~.. s - 7 - Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 {319)356-5246 RESOLUTION NO. 98-241 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY ~LERK TO ATTEST THE RELEASE OF A LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 60 REGAL LANE, IOWA CITY, IOWA WHEREAS, on July 18, 1997 the property owner of 60 Regal Lane, executed a conditional occupancy Mortgage for the amount of $10,849.00 and a 10-year declining balance Mortgage for the amount of $1,914.00 for a total of $12,763.00 through the City's Housing Rehabilitation Program; and WHEREAS, these documents created a lien against the property; and WHEREAS, the conditional occupancy loan has a one time five percent interest charge at pay off making the loan amount $11,391.45; and WHEREAS, the balance of the ten-year depreciation lien is $1,722.60; and WHEREAS, on July 23, 1998 the loans were paid off; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 60 Regal Lane, Iowa City, Iowa from the Mortgages recorded on July 21, 1997 in Book 2310 Pages 211 through 220 of the Johnson County Recorder's Office. Passed and approved this 28th day of ,]u].y ,1998. ATTEST:Ci~L~~RK;/12. ppdrehab\res\6Oregal2doc Approved by ity Att~s Office Resolution No. 98-241 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vande~'hoef the Resolution be AYES: NAYS: ABSENT: X X Champion Kubby Lehman ,, Norton O'Donnell Thornberry Vanderhoef 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 60 Regal Lane, Iow~ City, Iowa, and legally described as follows: Lot 109 Lakeside Addition to Iowa City, Iowa, according to the recorded plat thereof, from an obligation of the property owner, Barbara L. Farley, to the City of Iowa City in the total amount of $12,763.00 represented two Mortgages recorded on July 21, 1997 in Book 2310 Pages 211 through 220 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. MAYOR ATTEST: "29~ ~ ~ CITY'~:'L. ERK Approved by STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this z ~ -~z,_- n~d ~ day of ~,-- , A.D. 19 ~ , before me, the under- signed, a Notary Public in a fo said County, in said State, personally appeared Ernest W. Lehman and Marjan 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. 9~-zl// , adopted by the City Council on the Z ~ +~' day odE' ~ L , 19 ~7 ~' and that the said Ernest W. Lehman and Marian K. Karr as such of~cers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\6Oregrel .doc Notary Public in and for Johnson County, Iowa 'ryq~ O~.,m,,7~ U,F,~G.r. 3-- 7- a2z:rc, Prepared by: Steven Nasby, Assoc. Planner, 410 E. Washington St., Iowa City IA 52240 (319)356-5248 RESOLUTION NO. 98-242 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding to provide shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for the homeless in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding in the amount of $163,570 available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeye Area Community Action Program, Greater Iowa City Housing Fellowship, Successful Living Inc., Table to Table, and Youth Homes, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement for Iowa Emergency Shelter Grants Program funding (98-ES-002), a copy of which is attached hereto, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for Iowa Emergency Grants Program funding. 3. The City Manager is hereby authorized to execute all necessary documents required by the Iowa Department of Economic Development for the administration of these funds. Passed and approved this 28th day of Julv, 1998. ATTEST: Approved by City Att~rney's Offc~i~c~ jccoghs~res~agt-ided.doc Resolution No. 98-242 Page 2 It was moved by Thornberr,y and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: X X X X ..X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT EMERGENCY SHELTER GRANTS PROGRAM GRANT CONTRACT RECIPIENT: ESGP CONTRACT NUMBER: AWARD DATE: EFFECTIVE DATE: CONTRACT EXPIRATION DATE: AWARD AMOUNT: Iowa City 98-ES-002 May 27, 1998 July 1, 1998 June 30, 1999 $163,570.00 THIS EMERGENCY SHELTER GRANTS PROGRAM CESGP") CONTRACT is made by and bet~Veen the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or "IDED") and City of Iowa City ("Grantee"). WHEREAS, the Department is designated to receive, administer, and disburse ESGP funds; and WHEREAS, the Department desires to disburse grant funds to the Grantee for eligible purposes to improve the quality of existing emergency shelters for the homeless; and WHEREAS, the Grantee submitted an application for funding to the Department and the Department has approved the application; and WHEREAS, in approving the application the Department has relied upon the representations of proposed Project activities; management and financial condition of the Grantee; investment of other Project funds; and other material information contained therein; and WHEREAS, the Grantee has certified to the Department that the primary purpose for obtaining ESGP funds is to improve the quality of existing emergency shelters for the homeless; NOW, THEREFORE, the Grantee accepts this grant upon the terms and conditions set forth in this Contract. In consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as follows: ARTICLE 1 DEFINITIONS As used in this Contract, the following terms shall apply: 1.1 ACT, "Act" means the Stewart B. McKinney Homeless Assistance Act of 1988 as amended. 1.2 ALLOWABLE COSTS. "Allowable Costs" are those which costs which are identified on Attachment B, Budget Summary; Attachment A, Application; and consistent with federal regulations and guidelines applicable to the ESGP program. i.3 AWARD DATE. "Award Date" means the date on which the Department approved the ESGP participation. 1.4 CONTRACT EXPIRATION DATE. "Contract Expiration Date" means the date the Contract ceases to be in force and effect. The Contract expires upon the occurrence of one of the following: a) the Grantee fulfills the conditions and project activities agreed to herein as of the contract expiration date first stated; or b) the Contract is terminated by the Department due to any default under Article 9; or c) terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions, Attachment C of this Contract. 1.5 EFFECTIVE DATE. "Effective Date" means the date upon which the services of the Grantee are to begin and upon which eligible costs may be incurred against the Contract. Contract Number: 98-ES-002 Page 2 of 14 1.6 EMERGENCY SHELTER GRANTS PROGRAM (ESGP). "Emergency Shelter Grants Program" means the grant program authorized by the Stewart B. McKinney Homeless Assistance Act of 1988, as amended. 1.7 GRANT. "Grant" means the award of ESGP funds to the Grantee for Project activities. 1.8 GRANT CONTRACT OR CONTRACT. "Grant Contract" or "Contract" means this Contract and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Contract and all other instruments or documents executed by the Grantee or otherwise required in connection with the Contract, including the ESGP grant and a related shelter's grant application together with any related submittal documents. 1.9 HUD. "HUD" means the U.S. Department of Housing and Urban Development. ~ 1.10 HOMELESS. "Homeless" means an individual or family who lacks a fixed, regular, and adequate nighttime residence; or an individual or family who has a primary nighttime residence that is: · a supervised publicly or privately operated shelter designed to provide temporary living accommodations; · an institution that provides a temporary residence for individuals intended to be institutional ized; or · a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. The term does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State Law. 1.11 PROJECT. "Project" means the detailed description of the work, services, and other activities to be performed or accomplished by the Grantee as described in this Contract and the ESGP application approved by the Department. ARTICLE 2 FUNDING 2.1 FUNDING SOURCE. The source of funding for the Grant is a federal appropriation for the Emergency Shelter Grants Program (ESGP). 2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Department of sufficient federal funds for the ESGP program. Any termination, reduction or delay of ESGP funds to the Department shall, at the option of the Department, result in the termination, reduction or delay of ESGP funds to the Grantee. 2.3 this Contract. PRIOR COSTS. No costs incurred prior to the Effective Date may be included as Project costs for the purposes of 2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been requested by the Grantee within ninety (90) days of the Contract Expiration Date, then the Department shall be under no obligation for further disbursement. ARTICLE 3 TERMS OF GRANT 3.1 TIME OF PERFORMANCE. The services of the Grantee are to commence as of the effective date first stated and shall be undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be completed on or before the contract expiration date first stated. 3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the Grantee by the Department for any item of work or service shall conform to the budget as presented in Attachment B, "Budget ESGP Grant Format Revised June 1, 1998 Contract Number: 98-ES-002 Page 3 of 14 Summary". It is further understood and agreed that the total of all payments to the Grantee by the Department for all work and services required under this Contract shall not exceed the award amount first stated unless modified by written amendment of this Contract as provided in Section 1.0 of the General Provisions. 3.3 LOCAL EFFORT REQUIREMENTS. (a) Cash. If the Grantee agrees to provide cash contribution to the Project, then such contribution shall be provided in accordance with the approved Budget Summary, Attachment B. Expenditures above budgeted levels necessary to complete the statement of work and services shall be paid by local funds. (b) In-Kind. If the grantee agrees to provide in-kind contributions to the Project, then ~aid contribution shall be as shown in the approved Budget Summary, Attachment B. (c) It is expressly understood by the Grantee that should local effort not at least equal grant funds expended, the Grantee will be required to refund the difference between the documented local effort and grant funds expended. As part of the Payment Request/Status of Funds (specified in Article 08. l(b)), the grantee shall identify the cash and in-kind local efforts contributed during the report period. 3.4 ADMINISTRATION. This Contract shall be administered in accordance with 261 Iowa Administrative Code, Chapter 24 and all applicable State and Federal laws and regulations, including the Iowa Emergency Shelter Grants Implementation Manual, which has been distributed by IDED to the Grantee. ARTICLE 4 PERFORMANCE TARGET ACHIEVEMENT 4.1 PERFORMANCE TARGETS. On the Contract Expiration Date, the Grantee shall have accomplished the activities and performance targets as described in Attachment B, "Budget Summary", and as further elaborated in Attachment A, ESGP Grant Application. 4.2 CALCULATION OF PROJECT COMPLETION. The Department has the final authority to assess whether the Grantee has met their performance targets at the Contract Expiration Date. The Department shall determine completion according to the performance targets set forth in Attachment B, "Budget Summary". The Department reserves the right to monitor and measure at any time during the Contract term the achievement of the performance targets. ARTICLE 5 USE OF FUNDS 5.1 GENERAL. The Grantee shall perform in a satisfactory and proper manner, as determined by the Department, the work activities and services as written and described in the approved grant proposal (Attachment A) as summarized in the Grantee's approved Emergency Shelter Grants Budget Summary (Attachment B). 5.2 EXPENDITURE OF HOMELESS PREVENTION FUNDS. The Grantee shall ensure the use and expenditure of Contract funds for the purpose of homeless prevention within 180 days of the start of this Contract. Any funds remaining in the budget for this purpose after the expiration of the 180 days may be utilized for other purposes only after a formal budget amendment to this Contract. If the Grantee cannot utilize any funds remaining for other purposes, the Department may require the amendment of this Contract to reduce the award amount by a similar amount. ESGP Grant Format Revised June I, 1998 Contract Number: 98-ES-002 Page 4 of 14 5.3 BUDGET REVISIONS. Budget revisions that would result in increases of budgeted line item amounts in excess of twenty percent (20%) of the total contract award shall be subject to approval of the Department through the contract amendment process. Budget line item decreases that would lower the Recipient's performance level required under this Contract must be approved by the Department through the amendment process. In no instance shall a budget revision result in total costs exceeding the total Contract amount without approval of the Department through the contract amendment process. Budget revisions shall be compatible with the terms of this Contract and of such a nature as to qualify as an allowable cost. Budget revisions requested during the final ninety (90) days of the Contract period will be approved by the Department only if it determines that the revisions are necessary to complete Project activities 5.4 COST VARIATION. a) In the event that the total Project cost is less than the amount specified in the Agreement, Attachment A- 1, "Program Description and Budget/Workplan," the ESGP participation shall be reduced at the same ratio to the total project cost reduction as the ratio of the ESGP funds to the total amount of funds provided by the Recipient and all funding sources requiring a proportional reduction of their financial contribution to the Project. Any disbursed excess above the reduced ESGP participation amount shall be returned immediately to the Department. b) In the event that the total Project cost is greater than the amount specified in the Agreement, Attachment A-1, "Program Description and Budget/Workplan," the Department shall, upon request, consider increasing the ESGP participation in the same ratio to the total increase in project cost as the ratio of the ESGP funds to the total amount of funds provided by the Recipient and all other funding sources able and willing to offer the Project an increase of funds. The consideration of an increase of ESGP funds for a Project shall be subject to availability of funds, determination of reasonable and allowable costs, and all other applicable program rules. c) The Recipient may request the Department to increase the ESGP participation to an amount that is higher than the proportional ratio. The Department may permit such a higher increase if, in the Department's judgement, the Recipient has demonstrated financial hardship. ARTICLE 6 CONDITIONS TO DISBURSEMENT OF FUNDS Unless and until the following conditions have been satisfied, the Department shall be under no obligation to disburse to the Grantee any amounts under this Grant Contract: 6.1 GRANT CONTRACT EXECUTED, The Grant Contract shall have been properly executed and, where required, acknowledged. 6.2 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS. Funds shall not be released under this Contract until the Grantee has satisfied the environmental review and release of funds requirements set forth in 24 CFR 576.52, as summarized in the Iowa Emergency Shelter Grants Implementation Manual. 6.3 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the Department has reviewed and approved all material, such as permits or licenses from other state or federal agencies, which may be required prior to project commencement. 6.5 SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds for the Activity(is), shall receive and review the subrecipient agreement between the grantee and approved subrecipient(s). 6.5 REVIEW OF DISABLED ACCESSIBILITY. Construction shall not begin prior to plan review and approval of disabled accessibility by the Building Code Program staff of the Iowa Department of Public Safety. ESGP Grant Format Revised June 1, 1998 Contract Number: 98-ES-002 Page 5 of 14 ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF GRANTEE To induce the Department to make the Grant referred to in this Contract, the Grantee represents, covenants and warrants that: 7.1 AUTHORITY. The Grantee is duly authorized and empowered to execute and deliver the Grant Contract. All action on the Grantee's part, such as appropriate resolution of its governing board for the execution and delivery of the Grant Contract, has been effectively taken. 7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided to the Department are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 7.3 APPLICATION. The contents of the application(s) from the shelters to be administered by the Grantee which were submitted to the Department for ESGP funding is a complete and accurate representation of the Project as of the date of submission and there has been no material adverse change in the organization, operation, or key personnel of the Grantee since the date the Grantee submitted its ESGP application to the Department. 7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever their rights to execute the Grant or the ability of the Grantee to make the payments required under the Grant, or to otherwise comply with the obligations of the Grant contained under the Grant. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Grantee, threatened against or affecting the Grantee or any property involved in the Project. 7.5 PRIOR AGREEMENTS. The Grantee has not entered into any verbal or written contracts, agreements or arrangements of any kind which are inconsistent with the Grant Contract. 7.6 EFFECTIVE DATE OF REPRESENTATIONS AND WARRANTIES. The covenants, warranties and representations of this Article are made as of the award date of this Contract and shall be deemed to be renewed and restated by the Grantee at the time of each advance or request for disbursement of funds. ARTICLE 8 COVENANTS OF THE GRANTEE 8.1 AFFIRMATIVE COVENANTS. Until the project has been closed out, audited, and approved by IDED, the Grantee covenants with IDED that: (a) PROJECT WORK AND SERVICES. The Grantee shall perform work and services detailed in the ESGP application by the Contract Expiration Date. Shelters are required, to the maximum extent practicable, to involve homeless individuals and families in the construction, renovation, maintenance, and operation of facilities assisted under the Emergency Shelter Grant Program. (b) REPORTS, The Grantee shall prepare, review and sign the requests and reports as specified below in the form and content specified by the Department. The requests and reports shall be submitted to the Department by the 10th of the month when due, and for final reports, within thirty (30) days after the Contract Expiration Date. The Grantee shall review all reimbursement requests, to be submitted not more often than once a month, and verify that claimed expenditures are allowable costs. The Grantee shall maintain documentation adequate to support the claimed costs. REPORT DUE DATE Activity Status Report (Form 3) 10th of every month accompanying any funds request (original and one copy) Payment Request/Status of Funds (Form 1) 10th of every month after submitting initial request (original and three copies) ESGP Grant Forn~at Revised June 1, 1998 Contract Number: 98-ES-002 Page 6 of 14 Summary Performance Report (Form 3-D) Within 15 days of Contract completion and within 15 days of the end of a calendar year. Updates to the Applicant/Recipient Disclosure Report As needed due to changes Audit Report In accordance with Single Audit Act of 1984, as amended. The Department reserves the right to require more frequent submission of the reports than as shown above if, in the opinion of the Department, more frequent submissions would help improve the Grantee's Emergency Shelter Grants Program. (c) RECORDS, The Grantee shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues received under this Grant Contract in sufficient detail to reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this Grant Contract. The Grantee shall maintain books, records and documents in sufficient detail to demonstrate compliance with the Grant Contract and shall maintain these materials for a period of five (5) years beyond the date upon which the final audit of the project is accepted by IDED. Records for non-expendable property acquired under this Contract shall be retained for a five (5) year period after the final disposition of property. Records shall be retained beyond the prescribed period if any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until the litigation, audit or claim has been finally resolved. (d) ACCESS TO RECORDS/INSPECTIONS. The Grantee shall, without prior notice and at any time, permit HUD or its representatives, the General Accounting Office or its representatives, and the Department, its representatives or the State Auditor to examine, audit and/or copy (I) any plans and work details pertaining to the Project, (ii) all of the Grantee's books, records and accounts, and (iii) all other documentation or materials related to this Grant; the Grantee shall provide proper facilities for making such examination and/or inspection. (e) USE OF GRANT FUNDS. The Grantee shall expend funds received under the Grant only for the purposes and activities described in this Contract and as approved by the Department. (f) DOCUMENTATION. The Grantee shall deliver to IDED, upon request, (I) copies of all contracts or agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, and (iv) budgets and revisions showing estimated Project costs and funds required at any given time to complete and pay for the Project. (g) NOTICE OF PROCEEDINGS. The Grantee shall promptly notify IDED of the initiation of any claims, lawsuits or proceedings brought against the Grantee. (h) INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and employees from and against any and all losses in connection with the performance of this Contract. (i) NOTICE TO DEPARTMENT. In the event the Grantee becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, or any other similar occurrence, the Grantee shall promptly notify the Department. (j) CERTIFICATIONS. The Grantee certifies and assures that the Project will be conducted and administered in compliance with all applicable federal and state laws, regulations and orders. Certain statutes are expressly made applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to such activities by their own terms. The Grantee certifies and assures compliance with the applicable orders, laws and implementing regulations, including but not limited to, the following: (i) Financial Management guidelines issued by the U.S. Office of Management and Budget, OMB Circular A-110 ("Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations"), OMB Circular A-122 ("Cost Principles of Nonprofit Organizations"), OMB Circular ESGP Grant Format Revised June 1, 1998 Contract Number: 98-ES-002 Page 7 of 14 A-87 ("Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments"), OMB Circular A-128 ("Audits of State and Local Governments") as implemented by HUD at 24 CFR Part 44, and the implementing regulations issued by HUD concerning administrative requirements found at 24 CFR Part 85. (ii) Title IV of the Stewart B. McKinney Homeless Assistance Act as amended (Public Law 100-77) and regulations which implement this law. (iii) Department of Housing and Urban Development regulations governing the ESGP program, 24 Code of Federal Regulations, Part 576. (iv) Section 102 of the Department of Housing and Urban Development Refoern Act of 1989 (P.L. 101-235), and implementing regulations. (v) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352; 42 U.S.C. 2000d et seq.); Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C. 3601 et seq.); the Iowa Civil Rights Act of 1965; Iowa Executive Order #15, dated April 2, 1973, and Executive Order #34, dated July 22, 1988; Presidential Executive Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as amended; Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. 794); the Age Discrimination Act of 1975 as amended (42 U. S .C. 6101 et seq.); the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12 101 - 12213; and related Civil Rights and Equal Opportunity statutes; and regulations which implement these laws. (vi) Fair Housing Act, Public Law 90-284. The Public Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 as amended (42 U.S.C. 3601 et seq.); Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u); and regulations which implement these laws. (vii) Executive Orders 11625, 12432, and 12138 as amended, to encourage the use of minority and women's business enterprises in connection with activities funded under the program. (viii) Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under Section 1 l0 of the Housing and Community Development Act of 1974, as amended; Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.); the Copeland Anti-Kickback Act (18 U.S.C. 874); the Department of Defense Reauthorization Act of 1986; and regulations which implement these laws. (ix) Fair Labor Standards Act and implementing regulations. (x) implementing regulations. Lead Based Paint Poisoning Prevention Act (42 U.S.C. 482 1 - 4846), as amended, and (xi) National Environmental Policy Act of 1969 (NEPA), as amended, and implementing regulations. (xii) The Flood Disaster Protection Act of 1973 (42 U,S.C. 4001 et seq.) and the Coastal Barriers Resources Act (16 U.S.C. 3501) (xiii) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (URA)(42 U.S.C. 4601) and implementing regulations; regulations. (xiv) Hatch Act (regarding political partisan activity and federally funded activities) and implementing (xv) implementing regulations. Government-wide Restriction on Lobbying Certification [Section 319 of Public Law 101 - 121 ] and (xvi) Drug Free Workplace Act of 1988 and the regulations found at 24 CFR part 24, subpart F. ESGP Grant Format Revised June 1, 1998 Contract Number: 98-ES-002 Page 8 of 14 (xvii) Administrative Code, chapter 24. Administrative rules adopted by the Iowa Department of Economic Development, 261 Iowa (xviii) Financial and Program Management guidelines issued by the Iowa Department of Economic Development: the Iowa Emergency Shelter Grants Manual, the IDED Audit Guide. (xix) MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. The Grantee and any subrecipient shall maintain the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commit waste or damage upon the Project property. At the Department's request, the Grantee or subrecipient shall pay for and maintain insurance as is customary in their industry. This insurance shall be in an amount not less than the full insurable value of the Project property. The subrecipient shall name the Grantee and Department as a mortgagee and/or an additional loss payee, as appropriate, and the Grantee shall name the Department as a mortgagee and/or an additional loss payee, as appropriate, and submit copies of the policies to the Department. 8.2 NEGATIVE COVENANTS. During the Grant Contract term the Grantee covenants with IDED that it shall not, without the prior written disclosure to and prior written consent of IDED, directly or indirectly: (a) ASSIGNMENT. Assign its rights and responsibilities under this Grant Contract. (b) ADMINISTRATION. Discontinue administration activities under the Contract. ARTICLE 9 DEFAULT AND REMEDIES 9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Grant Contract: (a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or furnished to the Department by, or on behalf of the Grantee in connection with this Contract or to induce the Department to make a grant to the Grantee shall be determined by the Department to be incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to the Department's satisfaction within thirty (30) days after written notice by the Department is given to the Grantee. (b) NONCOMPLIANCE. If there is a failure by the Grantee to comply with any of the covenants, terms or conditions contained in this Contract. (c) CONTRACT EXPIRATION DATE. If the Project, in the sole judgment of the Department, is not completed on or before the Contract Expiration Date. (d) MISSPENDING, If the Grantee expends Grant proceeds for purposes not described in the ESGP application, this Contract, or as authorized by the Department. (e) INSURANCE. If loss, theft, damage or destruction of any substantial portion of the property of the Grantee occurs for which there is either no insurance coverage or for which, in the opinion of the Department, there is insufficient insurance coverage. 9.2 NOTICE OF DEFAULT. IDED shall issue a written notice of default providing therein a fifteen (15) day period in which the Grantee shall have an opportunity to cure, provided that cure is possible and feasible. 9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, IDED shall have the right, in addition to any rights and remedies available to it to do one or more of the following: (a) exercise any remedy provided by law, ESGP Grant Format Revised June 1, 1998 Contract Number: 98-ES-002 Page 9 of 14 (b) require immediate repayment of up to the full amount of funds disbursed to the Grantee under this Contract plus interest. 9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Grantee is determined by the Department to be in default of this Contract due to meeting less than one hundred percent (100%) of its Performance Targets, the Department may require full Grant repayment or, at its discretion, the Department may permit repayment of Grant proceeds which allows partial credit for the performance targets which have been met, or the Department may permit other remedies that the Department determines to be appropriate. ARTICLE 10 INCORPORATED DOCUMENTS 10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Grantee shall comply with the terms and conditions of the following documents which are hereby incorporated by reference: 1. Attachment A, "1998 ESGP Application". 2. Attachment B, "Budget Summary," dated July 1, 1998. 3. Attachment C, "General Provisions," dated June 1, 1998. 10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this contract, the following order of priority shall govern: 1. Articles I through 11 herein. 2. Attachment C, "ESGP Program General Provisions", dated June 1, 1998. 3. Attachment B, "Budget Summary", dated July 1, 1998. 5. Attachment A, "1998 ESGP Application". ARTICLE 11 MISCELLANEOUS 11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Grantee shall request Project funds only as needed and shall not have Grant proceeds, including earned interest, on hand for a period of longer than ten (10) working days, after which time any surplus amount shall be returned to the Department. 11.2 BINDING EFFECT. This Grant Contract shall be binding upon and shall inure to the benefit of the Department and Grantee and their respective successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgments, waivers, agreements, terms, provisions and conditions of this Grant Contract shall be jointly and severally enforceable against the parties to this Grant Contract. 11.3 SURVIVAL OF CONTRACT. If any portion of this Grant Contract is held to be invalid or unenforceable, the remainder shall be valid and enforceable. The provisions of this Grant Contract shall survive the execution of all instruments herein mentioned and shall continue in full force until the project is completed as determined by the department. 1 !.4 GOVERNING LAW. This Grant Contract shall be interpreted in accordance with the laws of the State of Iowa, and any action relating to the ESGP Grant Format Revised June 1, 1998 Contract Number: 98-ESo002 Page 10 of 14 Grant Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 11..5 NOTICES. Whenever this Grant Contract requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United State Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The Department may rely on the address of the Grantee set forth heretofore, as modified from time to time, as being the address of the Grantee. 11.6 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Department in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise thereof or the exercise of any other right or remedy. 11.7 LIMITATION. It is agreed by the Grantee that the Department shall not, under any circumstances, be obligated financially under this Grant Contract except to disburse funds according to the terms of the Contract. 11.8 HEADINGS. The headings in this Grant Contract are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Grant Contract. 11.9 INTEGRATION. This Grant Contract contains the entire understanding between the Grantee and the Department and any representations that may have been made before or after the signing of this Grant Contract, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Grant Contract. 11.10 COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Grant Contract on the latest day and year specified below. GRANTEE: BY: The Honorable Ernest W. Lehman Mayor, City of Iowa City 410 East Washington Iowa City, IA 52240-5248 IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT: BY: ~~ LANE PALMER, DIVISION ADMINISTRATOR ESGP Grant Format Revised June I, 1998 IOWA EMERGENCY SHELTER GRANTS ATTACHMENT B Contract Number: 98-ES-002 Grantee: City of Iowa City Address: City Hall Iowa City, Iowa Homeless Agency(s): 52001 = DV Intervention Pgm; 52003 -- Emerency Hsg Project; 52004 = Gtr la City Hsg Fellowship; 52005 = HACAP - Johnson Co 52006 = Four Oaks; 52007 = Table to Table; 52020 = Successful Living BUDGET SUMMARY PROJECT DESCRIPTION Activity 1: REHABILITATION I RENOVATION 52006 - Replace Carpet PERFORMANCE TARGET Replace Carpeting in the facility PROGRAM DATE: TO be filled in by DED Original Amendment # FId Rep Sgn AMOUNT BUDGETED ESGP OTHER $4,000 TOTAL $4,000 Activity 2: ESSENTIAL SERVICES Local Match 52001 = Donations, Staff Salaries 52003 = Donations, Staff Salaries 52004 = Staff Salaries 52005 = Donations, Staff Salaries 52006 = Donations, Staff Salaries 52007 = Donations, Staff Salaries 52020 = Donations, Staff Salaries Activity 3: MAINT., OPER., INSUR., UTIL., FURN. Operations; 52001 = $26,600 52003 = $41,100 52005 = $17,000 52006 = $22,900 52007 = $21,500 52020 = $11,000 Activity 4: HOMELESS PREVENTION Eme~ency Payments; 52001 = $4,000 52004 = $5,000 52006 = $3,500 Payments for normal day-to-day operating expenses. Documentation must accompany each payment request Emerency one-time payment to clients in danger of losing current housing. Payments for rent, utility, or security deposit payments. $140,100 $12.500 SUBTOTAL: $31,960 $42,930 $5,220 $17,760 $31,750 $22,460 $11,490 SUBTOTAL: SUBTOTAL: $4,000 $31,960 $42,930 $5,220 $17,760 $31,750 $22,460 $11,490 $163,570 $140,100 $140,100 $12,500 GRANTEE ADMINISTRATION: (Audit, Reporting, Local Coordination) TOTAL AMOUN I OF ALL FUNDS t~UDGE I FD: SUBTOTAL: $6,~7o ..... ~i':':~:~:~'O" $163,570 $12,500 $6,970 $327,140 ATTACHMENT C GENERAL PROVISIONS EMERGENCY SHELTER GRANTS PROGRAM (ESGP) Approved Junel, 1998 1.0 2.0 AMENDMENT. a) WRITING REQUIRED. The Contract may only be amended through written prior approval of IDED. Examples of situations where amendments are required include extensions for completion of Project activities, changes to the Project including, but not limited to, alteration of existing approved activities or inclusion of new activities. h) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, IDED may unilaterally modify the Contract at will in order to accommodate any change in the Act or any change in the interpretation of the Act or any applicable federal, state or local laws, regulations, rules or policies. A copy of sudh unilateral modification will be given to the Grantee as an amendment to this Contract. c) IDED REVIEW. IDED will consider whether an amendment request is so substantial as to necessitate reevaluating IDED's original funding decision on the Project. An amendment will be denied if it substantially alters the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in 261 Iowa Administrative Code, Chapter 24. AUDIT REOUIREMENTS. SINGLE AUDIT. The Grantee shall ensure that an audit is performed in accordance with the Single Audit Act as amended in 1996 (P.L. 104-156) which requires that an audit be performed in accordance with the OMB Circular A-133 and a copy of the audit report submitted to the IDED if the Grantee receives $300,000 or more in federal funds within a fiscal year. If the Grantee is required by State law, or its own policies, to have a periodic audit performed, then a copy of that audit report will be provided to the 1DED. The 1DED, at its discretion, does reserve the right to request that an audit and review be performed at project completion. If requested, this audit and review will be at the expense of the IDED. 3.0 4.0 5.0 6.0 7.0 8.0 COMPLIANCE WITH LAWS AND REGULATIONS. The Grantee shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. UNALLOWABLE COSTS. If lDED determines at any time, whether through monitoring, audit, closeout procedures or by other means or process that the Grantee has expended funds which are unallowable, the Grantee will be notified of the questioned costs and given an opportunity to justify questioned costs prior to IDED's final determination of the disallowance of costs. Appeals of any determinations will be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is IDED's final determination that costs previously paid by the IDED are unallowable under the terms of the Contract, the expenditures will be disallowed and the Grantee shall repay to IDED any and all disallowed costs. PROGRAM INCOME. All program income as defined in OMB Circular A-102 and 261 Iowa Administrative Code, Chapter 24, shall either be added to the Project Budget and used to further eligible Project objectives as defined in the Contract and the Scope of Work in the ESGP Application for funding. Program income not used to further Project objectives will be deducted from the total Project Budget for the purpose of determining the amount of reimbursable costs under the Contract. The final disposition of program income shall be made by IDED. INTEREST EARNED. To the extent it can be determined that interest was earned on ESGP funds, this interest shall be returned to IDED. SUSPENSION, When the Grantee has failed to comply with the Contract, award conditions or standards, IDED may, on reasonable notice to the Grantee, suspend the Contract and withhold future payments, or prohibit the Grantee from incurring additional obligations of ESGP funds. Suspension may continue until the Grantee completes the corrective action as required by IDED. IDED may allow such necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided IDED concludes that such costs meet the provisions of HUD regulations issued pursuant to OMB Circular A-87. TERMINATION. a) FOR CAUSE. IDED may terminate the Contract in whole, or in part, whenever IDED determines that the Grantee has failed to comply with the terms and conditions of the Contract. Contract Number: 98-ES-002 Page 12 of 14 b) FOR CONVENIENCE, IDED, the Grantee may terminate the Contract in whole, or in part, when all panics agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds. c) DUE TO REDUCTION OR TERMINATION OF ESGP FUNDING. At the discretion of IDED, the Contract may be terminated in whole, or in part, if there is a reduction or termination of ESGP federal grant funds to the State. 9.0 PROCEDURES UPON TERMINATION. a) NOTICE. IDED shall provide written notice to the Grantee of the decision to terminate, the reason(s) for the termination, and the effective date of the termination. If there is a partial termination due to a reduction in funding, the notice will set forth the change in funding and the changes in the approved budget. The Grantee shall not incur new obligations beyond the effective date and shall cancel as many outstanding obligations as possible. 1DED's share ofnoncancellable obligations which IDED determines were properly incurred prior to notice of cancellation will be allowable costs. b) RIGHTS IN PRODUCTS. All finished and unfinished documents, data, reports or other material prepared by the Grantee under the Contract shall, at |DED option, become the property of IDED. c) RETURN OF FUNDS. The Grantee shall return to IDED all unencumbered funds within one week of receipt of the notice of termination. Any costs previously paid by IDED which are subsequently determined to be unallowahle through audit, monitoring, or closeout procedures shall be retumed to IDED within thirty (30) days of the disallowance. 10.0 ENFORCEMENT EXPENSES. The Grantee shall pay upon demand any and all reasonable fees and expenses of the Department, including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Department under this Contract. 11.0 INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and employees, from and against any and all losses, accruing or resulting from any and all claims subcontractors, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Contract. 12.0 CONFLICT OF INTEREST. a) GENERAL. Except for the use of ESGP funds to pay salaries and other related administrative or personnel costs, no persons identified in paragraph "b" below who exercise or have exercised any functions or responsibilities with respect to ESGP assisted activities or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a ESGP assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, or of any designated public agencies, or subrecipients which are receiving ESGP funds. c) CONFLICTS OF INTEREST. Chapter 68B, Code of Iowa, the "Iowa Public Officials Act", shall be adhered to by the Grantee, its officials and employees. 13.0 USE OF DEBARRED. SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. ESGP funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligible status under the provisions of 24 CFR Part 24 or any applicable law or regulation of the Department of Labor. ESGP Grant Format Revised June 1, 1998 Contract Number: 98-ESo002 Page 13 of 14 14.0 CIVIL RIGHTS. a) DISCRIMINATION IN EMPLOYMENT, The Grantee shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The Grantee may take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment, upgrading, demotion or transfers; recruitment or recruitment advertising; lay-offor termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. The Grantee agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. b) CONSIDERATION FOR EMPLOYMENT, The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or disability. Solicitation and Advertisement - The Grantee shall list all suitable employment openings in the State Employment Service local offices. c) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Grantee shall comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order 15, Federal Executive Order i 1246, as amended; Title Vl of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d et seq.), the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.), the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213, Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. Section 794), and the Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Grantee will furnish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these rules and regulations. d) CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. The Grantee certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an employee of a Member of congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Federal Lobbying" in accordance with its instruction. iii. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 3 !, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. e) PROGRAM NONDISCRIMINATION. The Grantee shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1. No person in the United States shall on the basis of race, color, national origin, sex or religion or religious affiliation be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or applicable provisions of the Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213) with respect to an otherwise qualified individual with a disability, and as also provided in Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. Section 794), shall also apply to any such program or activity. ESGP Grant Format Revised June 1, 1998 Contract Number: 98-ES-002 Page 14 of 14 FAIR HOUSING. The Grantee shall comply with Title VIll of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. g) SECTION 3 COMPLIANCE. The Grantee shall comply with provisions for training, employment, and contracting in accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. i 70 i u). h) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Grantee's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 60 1A, Code I~w~) or as otherwise provided by law. INCLUSION IN SUBCONTRACTS. The Grantee will include the provisions of the preceding paragraphs of Section 14 in every subcontract unless exempt by the State of Iowa, and said provisions will be binding on each subcontractor. The Grantee will take such action with respect to any subcontract as the State of Iowa may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event the Grantee becomes involved in or is threatened by litigation with a subcontractor or vendor as a result of such direction by the State of Iowa, the Grantee may request the State of Iowa to enter into such litigation to protect the interests of the State of Iowa. 15.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed in the administration of this Contract, shall be in any way or to any extent, engaged in the conduct of political activities in contravention of The Hatch Act (5 ' U.S.C. 15). 16.0 MINORITY AND WOMEN BUSINESS ENTERPRISES. The Grantee shall comply with the requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. 17.0 DRUG ABUSE. The Grantee will comply with the requirements of the Anti-Drug Abuse Act of 1988 (P. L. 100-690) The Grantee will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. ESGP Grant Format Revised June 1, 1998 Prepared by: Karin Franklin, Director, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 98-243 RESOLUTION TO ADOPT THE BY-LAWS FOR THE PUBLIC ART ADVISORY COMMITTEE WHEREAS, the Public Art Advisory Committee was established in 1997 to develop and administer the Iowa City Public Art Program; and ' WHEREAS, the Public Art Advisory Committee presented the City Council with a set of by-laws to govern the Public Art Advisory Committee on February 4, 1998; and WHEREAS, after deliberation of the Public Art Advisory Committee, the City Council Rules Committee and the City Council, said by-laws were revised on June 4, 1998; and WHEREAS, the City Council Rules Committee has recommended approval of the revised by- laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The by-laws for the Public Art Advisory Committee dated June 4, 1998 are hereby adopted. Passed and approved this 28th day of Ju].y ATTEST:Ci~~,~-~RK ~. ,1998. It was moved by Thornberry and seconded by adopted, and upon roll call there were: City Attorneys Office Vanderhoef the Resolution be X~:E AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdirVes'%oaacbyla.doc Bylaws for the Public Art Advisory Committee are not attached to RES. 98-243. See Item 3b(17) Rules Committee Report on the 7/28/98 agenda. Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 98-244 RESOLUTION TO ADOPT THE IOWA CITY PUBLIC ART PROGRAM ACQUISITION PROCEDURES. ' WHEREAS, the by-laws of the Public Art Advisory Committee require final approval of procedures for the Iowa City Public Art Program; and WHEREAS, procedures for the acquisition of works of art have been developed, providing for public input through the process; and WHEREAS, the Public Art Advisory Committee recommended approval of said procedures at their July 16, 1998 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Iowa City Public Art Program Acquisition Procedures dated July 16, 1998 are hereby adopted. Passed and approved this 28th day of ,] u ] y ,1998. MAYOR City Attomey's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be ppddir%res~pubart.doc AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 10. Approved by PAAC July 16, 1998 IOWA CITY PUBLIC ART PROGRAM ACQUISITION PROCEDURES PAAC defines project, i.e. location of work or capital project with which art is associated, and method of selection. Methods of selection may include open competition; invitational competition; or direct selection. PAAC defines parameters of project to be used in the call for artists or direct selection, develops a budget for the project, and drafts a proposed call for artists or artist selection for City Council approval. Public comment will be invited. For direct selection, proceed to step #8. City Council considers proposal. PAAC determines need for panel to work on selection process for project and identifies participants. Panels will included members of the PAAC, design professionals and representatives of the user group/neighborhood. PAAC reviews initial submittals, which include the artist's experience and qualifications, references, and preliminary proposal(s) for the project or specific works of art, to determine compliance with the call for artists. The panel selects two or three semi-finalists from the group of qualified artists submitted to the panel by the PAAC. The semi-finalists may be asked to submit refined proposal(s) and/or model(s). Semi-finalists may be paid a fixed honorarium, costs of travel and a per diem, depending upon the approved budget. The PAAC reviews the submittals of the two to three semi-finalists and invites public comment. PAAC recommends the finalist to the City Council. City Council approves or denies the selection. Denial requires direction to the PAAC from the City Council and beginning the process again at the appropriate step. After an affirmative vote by the Council, the PAAC works with selected artist on refinement of concept, timeframe for completion of work, final budget, and contract for work. PAAC recommends contract to City Council. 11. City Council approves contract. Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 98-245 RESOLUTION AUTHORIZING THE FORMATION OF A COMMITTEE TO DRAFT PROVISIONS TO ASSURE NEIGHBORHOOD COMPATIBILITY FOR NEW MULTI-FAMILY BUILDINGS IN ESTABLISHED NEIGHBORHOODS. WHEREAS, citizens and property owners have expressed concerns about the design of new apartment buildings in older established neighborhoods; and WHEREAS, the City Council has asked the Planning and Zoning Commission to review issues and regulations pertaining to construction of new apartment buildings in established neighborhoods; and WHEREAS, a committee of representatives of developers and owners of apartment buildings, neighborhood residents, Planning and Zoning Commissioners and Historic Preservation Commissioners will assist in the review of this issue; and WHEREAS, it is anticipated that this committee will make recommendations and proposals for review and regulation of new apartment buildings in established neighborhoods. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following persons will serve on a committee to review the compatibility of new apartments in established neighborhoods: Larry Svobada, Developer and owner of apartment buildings Jeff Clark, Developer and owner of apartment buildings Ron Johnson, Owner of apartment buildings John Shaw, Architect Ned Wood, Longfellow Neighborhood resident Joni Kinsey, Northside Neighborhood resident Benjamin Chait, Planning & Zoning Commission Pam Ehrhardt, Planning & Zoning Commission Betty Kelly, Historic Preservation Commission Mike Gunn, Historic Preservation Commission Resident of a multi-family apartment building (to be named) Staff from the Urban Planning Division and Housing & Inspection Services will assist the committee in conducting research for this project. Resolution No. 98-245 Page 2 Passed and approved this 28th day of July ,1998. ATTEST:Ci,~E4~-PRK I It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadmin\res\newbldg .doc Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. RESOLUTION AUTHORIZING THE FORMATION OF A COMMITTEE TO DRAFT PROVISIONS TO ASSURE NEIGHBORHOOD COMPATIBILITY FOR NEW MULTI-FAMILY BUILDINGS IN ESTABLISHED NEIGHBORHOODS. WHEREAS cst~ze and property owners have expressed concerns about the design of new apartment buildings in older established neighborhoods; and ab~ neighborhoods; and \ \, WHEREAS, a committee of representatives of developers owners of apartment buildings, Planning\ and Zoning Commission, and Historic Preservation neighborhood residents, Commissioners will assist in the revieW, of this issue; and WHEREAS, it is anticipated that this committee will recommendations and proposals for review and regulation of new apartment in es neighborhoods. NOW, THEREFORE, BE IT RESOLVED IOWA, THAT: COUNCIL OF THE CITY OF IOWA CITY, The following persons will serve on apartments in established neig fittee to review the compatibility of new Jeff Clark, Developer and owner of ~ ~rtm i Ron Johnson, Owner of a uildings John Shaw, Architect Ned Wood, Longfellow Neic resident Joni Kinsey, Northside Nek resident Benjamin Chair, Planning & Zor ng Commission Pam Ehrhardt, Planning & Zon Commission Betty Kelly, Historic ~n Commission Mike Gunn, Historic on Commission Staff from the Urban Planni~ ] Division and Housing & Inspection Services will assist the committee in conducting ~arch for this project. Resolution No. Page 2 Passed and approved this day of ,1998. A'FFEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: ppdadmin\res\newbldg .doc NAYS: MAYOR ~ey.~,s-Office ...~ 7- ?-- ~'' ~ g \ / and st~conded by /" the Resolution be ,. /, \\ "' ABSE~: \ Champion "\.\,.~~ Kubby Lehman Norton ",,,,\ O'Donnell Thornberry \ Vanderhoef Prepared by: Terry Trueblood, Parks & Rec., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE REMOVAL ' AND REPLACEMENT OF THE ROOF AND INSULATION ON THE CIVIC CENTER. WHEREAS, the Engineering Division has recommended that the work for replacement of two sections of the Civic Center roof, as included in a contract between the City of Iowa City and Maintenance Associates of Marion, Iowa, dated September 9, 1997, 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 day of ,19 MAYOR Approved by ATTEST: CITY CLERK City At orn y's Offic It was moved by and seconded by adopted, and upon roll call thero were: AYES: NAYS: ABSENT: pwengVesVoof-cc,doc the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Kim Johnson, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 98-246 RESOLUTION ACCEPTING THE WORK FOR THE MORMON TREK BOULEVARD CONCRETE PAVEMENT REHABILITATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Mormon Trek Boulevard Concrete Pavement Rehabilitation, as included in a contract between the City of Iowa City and Cedar Falls Construction of Cedar Falls, Iowa, dated May 6, 1998, 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 28th ATTEST:C~ ~. day of July ,19 98 Approved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call thero were: Vande rhoe f the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng~'es~,ormpav2.doc ENGINEER'S REPORT July 8, 1998 Honorable Mayor and City Council Iowa City, Iowa Re: Mormon Trek Boulevard Concrete Pavement Rehabilitation Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of theMormon Trek Boulevard Concrete Pavement Rehabilitation Project has been completed by Cedar Falls Construction Co., Inc. of Cedar Falls, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Divsion. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $210,714.00. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST x,~.ASitlNGTON STREET · IO~,'A CITY, IO~,VA 52240-1826 ,, (319) 356-5000 . FAX (319) 356-5009 Prepared by: Rob Winstead, St. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 98-247 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN AND STORM SEWER PUBLIC IMPROVEMENTS FOR VILLAGE GREEN, PART XV, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Village Green, Part XV, as constructed by Bockenstedt Excavating of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 28th day of Jul.y ,1998. ATTEST:CiT~~E~,K~) z~. MAYOR City At{6rney's Office It was moved by Thornberry and upon roll call there were: and seconded by Vanderhoef the Resolution be adopted, AYES: X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pwengVes\viligrl 5.doc ENGINEER'S REPORT July 15, 1998 Honorable Mayor and City Council Iowa City, Iowa RE: Village Green, Part XV Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, water main, and storm sewer improvements for Village Green, Part XV have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Bockenstedt Excavating of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WAStlINGTON STREET * IOXYA ('lT~t, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 Prepared by: Denny Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. 98-248 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, AND PAVING PUBLIC IMPROVEMENTS FOR RESUBDIVISION OF LOT I AND PORTION OF LOT 2, WEST SIDE PARK, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvements for Resubdivision of Lot 1 and Portion of Lot 2, West Side Park, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Resubdivision of Lot 1 and Portion of Lot 2, West Side Park, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 28th day of Ju].v ,1998. It was moved by Tho~'nbe~'~-.y and seconded by adopted, and upon roll call there were: Vande~-hoef the Resolution be AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Nodon X O'Donnell X Thornberry X Vanderhoef pwengVes\westside.doc ENGINEER'S REPORT July 20, 1998 Honorable Mayor and City Council Iowa City, Iowa RE: Resubdivision of Lot 1 and Portion of Lot 2, West Side Park Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, and paving improvements for Resubdivision of Lot 1 and Portion of Lot 2, has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST ~'ASHINGTON STREET * IOWA ('ITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Denny Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. 98-249 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR BROKEN ARROW ESTATES. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvements for Broken Arrow Estates, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, a maintenance bond has been filed in the City Engineer's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 28th day of J u 1 y ,1998. MAYOR Approved by City Attorney's Office It was moved by Thornberry and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: pwengVes%brokenar.doc Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ENGINEER'S REPORT July 20, 1998 Honorable Mayor and City Council Iowa City, Iowa RE: Broken Arrow Estates Dear Honorable Mayor and Councilpersons: I Hereby certify that the construction of the sanitary sewer public improvements for Broken Arrow Estates has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office for the sanitary sewer improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse City Engineer 410 EAST WASHINGION STREET * IOWA ('ITS, IOWA 52240-1826 · (319 356-5000 * FAX (319) 356-5009 Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5052 RESOLUTION NO. 98-250 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY99 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:00 p.m., August 25, 1998, to permit any citizen to be heard for or against the proposed amendment to the FY99 Operating Budget. The City Clerk is hereby directed to give. notice of public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 28th day of Jul.v ,1998. Approved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef finadm%res%operbdg .doc Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 98-251 RESOLUTION APPROVING THE FINAL PLAT OF GREEN MOUNTAIN MEADOW, IOWA CITY, IOWA. WHEREAS, the owner, HBH Development, Inc., filed with the City Clerk the final plat of Green Mountain Meadow, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Iowa, Johnson County, Iowa, to wit: Commencing at the Southeast Corner of the Northwest Quarter of Section 12, Township 79, North, Range 6 West, of the Fifth Principal Meridian; Thence N00°28'54"E, along the East Line of said Northwest Quarter, 328.64 feet; Thence S89°59'53"W, 5.46 feet, to the Point of Beginning; Thence continuing S89°59'53"W, along the North Line of Washington Park Addition, Parts 10, in accordance with the Plat thergof recorded in Plat Book 30, at Page 54, of the Records of the Johnson County Recorder's Office, the Easterly Projection thereof, and the North Line of Washington Park Addition, Part 9, in accordance with the Plat thereof Recorded in Plat Book 14, at Page 100, of the Records of the Johnson County Recorder's Office, 600.61 feet, to the Southeast Corner of a Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 6, at Page 4, of the Records of the Johnson County RecordeFs Office; Thence the East Line of said Plat of Survey, 535.48 feet, to the Northeast Corner thereof; Thence S77°25'55"E, 174.27 feet; Thence S82°31'27"E, 205.68 feet; Thence N87°54'35"E, 185.00 feet; Thence S00°16'00"E, 476.07 feet, to the Point of Beginning. Said Tract of land contains 6.53 acres, more or less, and is subject to easements and of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. 98-251 Page 2 The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 28th ATTEST: C~9 7~. )~-uC) IT It was moved by Thornberry adopted, and upon roll call there were: day of July ,1998. , A proved b~ rn ' and seconded by 0' Donnel 1 the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef ppd~dnin/res/greenmou.doc Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF GREEN MOUNTAIN IOWA CITY, IOWA. WHEREAS, the o er, HBH Development, filed with the City final plat of Green Mountain Meadow, Io City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivisio is located on the following-described estate in Iowa City, Iowa, ci t o heast Corner of the i4o~ Quarter of Section 12, Township 79, North, Ra e 6 West, of the Fif Principal Meridian; Thence ° ' " , t ~5 along the North Line of Washir Park Addiffi Parts 10, in accordance with the 54, of the Records of the Johnson thereof, and the North Line of ~nce with the Plat thereof Recorded in of the Johnson County Recorder's Plat thereof recorded in Plat Bo 30, at County Recorder's Office, the E~ Washington Park Addition, Part 9, Plat Book 14, at Page 100, of the Office, 600.61 feet, to the Southeast .~r of a Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book County Recorder's Office; Thence the to the Northeast Corner thereof; Page 4, of the Records of the Johnson .ine of said Plat of Survey, 535.48 feet, S77°25'55"E, 174.27 feet; Thence S82°31'27"E, 205.68 feet; Thence ,~ ,_ 185.00 feet; Thence S00°16'00"E, 476.07 feet, to the Point of Beginni. ;I- Said Tract f land contains 6.53 acres, more or less, and is subject to easemen and of record. WHEREAS, the Department of Planni g and Community D velopment and the Public Works Department examined the proposed fi I plat and subdivision, a d recommended approval; and WHEREAS, the Planning and Zonin Commission examined the ' al plat and subdivision and the free consent and in accordance with the desires of the owners and pro rietors; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnso~ County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,19~ MAYOR ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: and AYES: NAYS: ppdadmin/res/greenmou .doc A by by Attorney's Office the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef STAFF REPORT To: Planning & Zoning Commission Item: SUB98-0015 Green Mountain Meadow Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable code requirements: File date: 45-day limitation period: 60-day limitation period: BACKGROUND INFORMATION: Prepared by: Robert Miklo Date: July 16, 1998 H.B.H. Development 121 Highland Drive Iowa City, IA 52246 Phone: 354-7965 Mike Hoogerwerf Final plat To permit a 15-lot subdivision 2727 Rochester Avenue 6.53 acres Single-family residential and horse stable North: residential, OPDH-5 East: vacant, RS-5 South: residential, RS-5 West: religious institution, RS-5 Residential Chapter 14-7, Land Subdivisions, and Sensitive Area Ordinance June 25, 1998 August 9, 1998 August 24, 1998 At its June 4 meeting the Planning and Zoning Commission recommended approval of the rezoning of this property from Low Density Single-Family Residential (RS-5) to Sensitive Areas Overlay (OSA-5) and recommended approval of the preliminary Sensitive Areas Development Plan and preliminary plat. The Council approved the rezoning and preliminary plat and Sensitive Areas Development Plan on July 9. 2 ANALYSIS: The final plat is consistent with the preliminary plat and sensitive areas development plan and complies with the subdivision regulations. Legal papers and construction drawings have been submitted and are being reviewed by the City Attorney' s Office and Public Works Department. These documents and plans must be approved prior to Council consideration of the final plat. Neighborhood open space fees are being paid in lieu of dedication of open space for this development. An appraisal is necessary to establish the amount of fee equivalent to 6,267 square feet of property in this subdivision. This fee will be due upon issuance of the first building permit for the subdivision. The legal papers should provide for payment of this fee. The legal papers should also specify the responsibility for removal of snow and maintenance of the sidewalk on Outlot A between Green Mountain Drive and Rochester Avenue. The sidewalk should be built at the time Green Mountain Drive is built. This will need to be stipulated in the legal papers. The legal papers should also specify that there will be no access to Rochester Avenue for additional dwelling units if Lot 5 redevelops in the future. At the time of preliminary plat approval a neighboring property owner asked the applicant to consider utilizing an existing storm water facility located to the south of this property. The applicant has determined that this is not feasible. STAFF RECOMMENDATION: Staff recommends that the final plat of Green Mountain Meadow be approved subject to legal papers and construction drawings being approved prior to City Council consideration of the final plat. ATTACHMENTS: 1. Location map 2. Final plat ppdadmin%stfrep\980015rm.doc Approved ~ K in Franklin, Director nning & Community Development R RM :20 1 CITY OF IO~A CITY .~ ' PDH 5 RS 5 P RM-- 20 III DRIVE: 0 CONCORD P ~HEASANT HILL PARK III ROAD ]RIVE Ld z PDH 8 ~ RS 5 /i I I I I I I HAS~N A P HELEN LEMME SCHOOL SITE LOCATION: Green Mountain Meadow SUB98-0015 r LOT CURVE 8ECJ/IENT TABLE Green Mountain Meadow of Iowa City Iowa 4 1'.4r 3 LEGEND AND NOTES Dt~glt ~F Q.OSUIE IS LESS 'IHAN 1 FOOT IN 20,000 FET I certify that durrng the month of June, 1998, at the direction of HBH Development. a eurvey woe mode under my superbare. of o Por~r~ of the My Blmnlol License ex;iree December ,]1, lg__ Sl~ed befot'e me thisday of __ ,19~ Notary Public, In & for the Stote of Iowe. City of Iowa City Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 98-252 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF DONOHOE FIFTH SUBDIVISION JOHNSON COUNTY, IOWA. WHEREAS, the owner, Lyle Donohoe, filed with the City Clerk the preliminary and final plat of Donohoe Fifth Subdivision, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: Lot 1 of Donohoe Fourth Subdivision as recorded in Plat Book 36 - Page 29, Johnson County Recorder' s Office. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the conditional dedication of the streets, easements as provided by agreement and by law. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the preliminary and final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. 98-252 Page 2 Passed and approved this 28th day of July ,199 8. City Attorney's Office It was moved by Norton and seconded by Vanderhoef adopted, and upon roll call there were: the R, esolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB98-0016. Donohoe Fifth Subdivision Preliminary and Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Prepared by: John Yapp Date: July 16, 1998 Apex Construction Company 516 Kirkwood Avenue Iowa City, IA 52240 Steve Schmidt Phone: 339-1543 Preliminary and Final plat approval To create a 2-lot commercial subdivision On the south side of Highway 1, at it's intersection with Landon Avenue 8.55 acres CH, County Commercial Highway North: East: South: West: Agricultural, Residential; RS-I O Agricultural, Residential; A1 Agricultural, Commercial; A1, CH Agricultural, Residential; A1 Comprehensive Plan: Applicable Code requirements: The Fringe Area Agreement encourages agricultural uses and allows consideration of clustered low-density residential development in Fringe Area C outside of the City's growth area. Properties already zoned for a classification inconsistent with the Fringe Area Agreement, however, retain the rights given by the zoning. Chapter 14-7, Land Subdivisions File date: June 29, 1998 45-day limitation period: August 13, 1998 BACKGROUND INFORMATION: The applicant, Apex Construction Company, is requesting preliminary and final plat approval of Donohoe Fifth Subdivision, an 8.55-acre, 2-lot commercial subdivision located on the south side of Highway 1 at it's intersection with Landon Avenue in Johnson County. The City Council recently recommended to the Johnson County Board of Supervisors that the proposed rezoning of 2.0 acres of property from CH, Commercial Highway, to CP2, Planned Commercial, for property located at the intersection of Highway 1 and Yvette Street, be approved. The proposed subdivision would create a 2-acre lot to conform to the area proposed for CP2 rezoning. ANALYSIS: The proposed preliminary and final plat appears to conform to the requirements of the County's CH and CP2 zone. This property is within Area C covered by the Fringe Area Agreement between Johnson County and Iowa City. The agreement encourages agricultural uses and allows consideration of clustered residential land uses outside of the growth area. This property was zoned CH prior to the enacting of the Fringe Area Agreement, however, and therefore the agreement recognizes the existing commercial zoning. The proposed plat appears to be in general conformance with the City's subdivision regulations. No new streets or other public improvements are being proposed. Vehicular Access: The two lots will have access from existing access points on Highway 1. The 2.0-acre lot on the west will have access from Yvette Street, an existing private road within a 50-foot wide right-of-way. The 6.55-acre lot to the east has access via a 40-foot wide access easement along the east lot line. A note on the proposed preliminary and final plat states that "No new entrances onto Highway 1 are permitted at this time." For the record, not permitting additional entrances onto Highway 1 when other alternatives for access exist is an important consideration for development proposals along Highway 1. Past staff reports reviewing development proposals in this area of the County have noted that this segment of Highway 1 West is experiencing capacity constraints. Each additional point of access along the highway creates another potential conflict point, which in turn has a negative impact on the traffic carrying capacity of the highway. Adding additional access points onto Highway 1 contribute to the deterioration of traffic safety/service on the highway. While no new access points are being proposed with this subdivision, staff wants to note for the record that any new access points onto Highway 1 proposed in the future will be reviewed with scrutiny. Stormwater Management: No stormwater management plan is required for this property, because it is located in old Man's Creek watershed. Conformance with Proposed Rezoning: The proposed subdivision would create a 2-acre lot to conform to the 2-acre area being proposed for CP2 rezoning. The remaining 6.55 acres would remain one lot zoned CH unless it were further subdivided in the future. STAFF RECOMMENDATION: Staff recommends that SUB98-0016, a request for a preliminary and final plat of Donohoe Fifth Addition, a 8.55-acre, 2-lot commercial subdivision located on the south side of Highway 1 at it's intersection with Landon Avenue, be approved. ATTA C H M E NTS: Location Map. Preliminary and Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development CITY OF IOWA RS 5 I I i I i RR 1 I, IDRS ! RS 5 PDH 5 CITY RM 12 CI 1 I CI 1 // SITE LOCATION: Donohoe Fifth Subdivision SUB98-0016 Donohoe FiFth Subdivision A Resubdivision oF Lot I, Pono~ ~ourth ~ubdlvi~[~ Donohoe Fifth Subdivision PG 5TA. _/~tlg.n,)e I I Io I LOI'2 (It-Ill UNION TOUJN,GNIP LOCATION MAP N 0 ~ lO0 200 Le. f3al l::>eectllptlen ~ SOUTHGATE AVi;NU[ IOWA CITY, IOWA 52240 HONE (3 set ~dmerel~rl~,.-P9 Ou~sr: Att~rns~: · ~'~'~..Llff~. 5ubctlvlcler: Att~ ~ Ave. ~ Plan ~ar~ ~, ~v~ ~ Prsllmlnar9 4 FInal Plat, Firth ~d~dlvfeEo,~ Prepared by: .Jeff Davidson, JCCOG Exec. Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY' OF IOWA CITY PROVIDING FOR FUTURE ANNEXATIONS AND EXTRATERRITORIAL REVIEW OF SUBDIVISION PLATS WHEREAS, the cities of Coralville and Iowa City have established long-range growth areas which are mutually exclusive; and WHEREAS, the cities of Coralville and Iowa City have used sewer service area as a principle criterion for the establishment of said long-range growth areas; and WHEREAS, Section 354.9 of the Code of Iowa (1997) establishes the rights of cities to review subdivision plats within two miles of their corporate limits; and WHEREAS, said section states that cities shall establish reasonable standards and conditions for review of subdivisions within overlapping two mile areas of extraterritorial jurisdiction via agreements pursuant to Iowa Code Chapter 28E (1997). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized to execute the first amendment to the 28E Agreement between the City of Coralville and the City of Iowa City which is attached hereto and incorporated by this reference. Said agreement is hereby approved as to form and content, and is found to be in the best interests of the dtizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to record a certified copy of this resolution, with the executed agreement attached in the Johnson County Recorder's office and to file a copy of the resolution and agreement with the Secretary of State, as required by Chapter 28E, Code of Iowa (1997). The Clerk is directed to request a copy of the returned recorded document for the permanent file maintained by the City Clerk. Passed and approved this day of ,1998. A'I'FEST: CITY CLERK ppdadminVes~8esubdi.doc MAYOR City Atto~mey's Office Prepared by: Jeff Davidson. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 First Amendment to the 28E Agreement Between the City of Coralville and the City of Iowa City Providing for Future Annexations and Extraterritorial Review of Subdivision Plats This agreement is entered into pursuant to Chapter 28E, Code of Iowa (1997), by the City of Coralville, Iowa, hereinafter referred to as "Coralville," and the City of Iowa City, Iowa, hereinafter referred to as "Iowa City." WHEREAS, Coralville and Iowa City each have adopted long-range growth areas which are mutually exclusive; and WHEREAS, Section 354.9 of the Code of Iowa (1997) establishes the rights of cities to review subdivision plats within two miles of their corporate limits; and WHEREAS, Paragraph 3 of 354.9, Code of Iowa (1997), pertains specifically to overlapping areas of review between cities, and states that cities shall establish reasonable standards and conditions for review of subdivisions within overlapping two-mile areas of extraterritorial review via agreements pursuant to Iowa Code Chapter 28E (1997); and WHEREAS, Coralville and Iowa City entered into such an agreement the 27"' day of September, 1994, and according to the provisions of that agreement now desire to amend the agreement; and WHEREAS, it is in the best interest of the citizens of both communities to enter into such a first amended agreement. NOW, THEREFORE, in consideration of mutual covenants and agreements set forth herein, Coralville and Iowa City agree as follows: Coralville and Iowa City shall each retain exclusive review privileges for subdivisions proposed outside of each community's corporate limits, but within each community's respective Iong- range growth area, as shown in the attached Figure 1A. When the area designated on the attached Figure 1A as "Iowa City Sevedng/Coralville Annexation Area" is developed so as to require municipal sanitary sewer, it shall be considered for severance by Iowa City and annexation by Coralville under applicable State law standards. Within the area designated as Area A on the attached Figure 1A, Coralville and Iowa City shall divide and assign review authority for subdivisions based on the dotted line which shall signify the subdivision review line between Coralville and Iowa City. Subdivisions to the west of the 2 dotted line shall be reviewed exclusively by the City of Coralville; subdivisions to the east of the dotted line shall be reviewed exclusively by the City of Iowa City. Within the area designated as Area B on the attached Figure 1A, a line is drawn dividing Area B into north and south halves. The northern portion of Area B shall be reviewed exclusively by the City of Coralville. The southem portion of Area B, including any subdivisions within the ovedapping extraterritorial review area, shall be under the review authority of both Iowa City and Coralville, except for the portion south of the dotted line which is the subdivision review line. This southern area shall be reviewed exclusively by Iowa City. This agreement shall remain effective until any annexations occur outside the respective growth boundaries of Coralville or Iowa City, or until the agreement is cancelled or' modified by joint agreement of the Coralville City Council and the Iowa City City Council. This agreement shall be recorded in the Johnson County Recorder's Office and the Secretary of State's Office as provided by Chapter 28E, Code of Iowa (1997), with each party sharing one-half of the recording cost. Executed with approval and on behalf of the City of Coralville and the City of Iowa City this __ day of ,1998. CITY OF CORALVILLE CITY Of IOWA CITY By: By: Mayor Mayor A'I'I'EST: A'I'I'EST: City Clerk City Clerk Appro(~d,,,,y:.~~. City Attomey's Office 3 CITY Of CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) sS: JOHNSON COUNTY ) On this day of 19 before me, , a Notary Public in and for the State of Iowa, personally appeared Jim Fausett and Arlys Hannam to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Coralville, Iowa; that the seal affixed to the foregoing instrument is the corporate'seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, passed by the City Council, and that Jim Fausett and Adys Hannam acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of a Notary Public in ;and1998, before me, ,for the State of Iowa, personally appeared Emest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Coundl, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 19 , and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: jccogadm/agl/annex.doc -""' ," ....... J ' s_ x, ~ ........... Coralville-lowa City Annexation Agreement 1_5--\ "",,, ! / Nilel , T"~: Z_[''3 11 ' , ' # ." "--JCCOG Ill e rn 0 Date: June 24, 1998 To: From: Re: Coralville Planning and Zoning Commission Iowa City Planning and Zoning Commission Jeff Davidson, Executive Director ~ Amendment to the 28E agreement between the City of Coralville and the City of Iowa City regarding future annexations and extraterritorial review of subdivision plats The 28E land use agreement between Coralville and Iowa City is proposed for amendment to reflect recent annexations by Coralville and Iowa City. The proposed agreement is attached for your consideration and a recommendation to your respective city councils. Figure 1 has been redrawn to reflect revisions to the Coralville and Iowa City long-range growth boundaries, and recalculation of the two-mile extraterritorial jurisdiction lines around each city. Two significant modifications from the 1994 agreement pertain to the shaded Area A. The River Products Quarry property is no longer called out separately since it is now entirely within the Coralville sewer service area, and joint review of subdivisions by Coralville and Iowa City is no longer necessary. The other item which has been changed is the Coralville/Iowa City sewer service area line. This line, which indicates which city would eventually provide municipal sanitary sewer, now divides Area A between Coralville and Iowa City along the river. This is consistent with the recently adopted Iowa City Comprehensive Plan and the Coralville Community Plan. I have attached Figure 1 from the 1994 agreement so you can see how the Coralville and Iowa City long-range growth boundaries and two-mile extraterritorial jurisdiction lines have changed. I will be present at your planning and zoning commission meetings when this is scheduled for discussion. Attachment cc: City of Coralville Staff City of Iowa City Staff jw/men'Yjd-28e2.doc Prepared by: Robed Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 98-253 RESOLUTION APPROVING THE PENINSULA NEIGHBORHOOD PLAN WHEREAS, the City owns property on the Peninsula at the west end of Foster Road; and WHEREAS, the City intends to sell this property for private real estate development; and WHEREAS, this provides the opportunity for the City to influence the design and development of a model neighborhood; and WHEREAS the City has commissioned Dover, Kohl and Partners, urban designers, to prepare a neighborhood plan for the Peninsula neighborhood; and WHEREAS interested citizens, developers, members of City boards and commissions participated in the development of the Peninsula Neighborhood Plan; and WHEREAS the Peninsula Neighborhood Plan provides a framework and guideline for the development of a traditional neighborhood; and WHEREAS. the Peninsula Neighborhood Plan is based on the principles of the Iowa City Comprehensive Plan; and WHEREAS. the Peninsula Neighborhood Plan will be the basis for the development of the Peninsula property and may serve as a model for other new neighborhoods in Iowa City; and WHEREAS. the City intends to request proposals from development teams interested in purchasing the property and implementing the Peninsula Neighborhood Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Peninsula Neighborhood Plan is hereby adopted. 2. The Peninsula Neighborhood Plan will be made available to development teams interested in purchasing the property and implementing the plan. Passed and approved this 28 th day of July ,1998. MAYOR Resolution No. 98-253 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Kuhhy AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadminVes~oeninsul.doc City of Iowa City MEMORANDUM Date: July 23, 1998 To: City Council Planning & Zoning Commission From: Robert Miklo, Senior Planner Re: Peninsula Neighborhood Plan Enclosed is a DRAFT of the Peninsula Neighborhood Plan. The City Council and Planning & Zoning Commission are scheduled to review the plan during a joint work session on July 27 at 7:30 p.m. in the City Council Chambers. Victor Dover and Sergio Vasquez of Dover, Kohl and Partners will be at the work session. Please review the enclosed plan and identify any revisions you would like to propose. A resolution approving the plan as a concept to guide the private development of the Peninsula property will be on the July 28 agenda. If there are major revisions proposed to the plan the resolution could be deferred to the August 25th meeting of the City Council. Staff is in the process of preparing a Request for Proposals (RFP) that will be submitted to developers interested in purchasing the Peninsula property and implementing the plan. We anticipate that the RFP will be reviewed by the Council at their August 25 meeting. ENC. Im\memVm7-22.doc The Peninsula a new neighborhood in Iowa City DOVER, KOHL & PARTNERS CITY OF IOWA CITY 410 E. Washington Street, Iowa City, Iowa 52240-1826 tel: (319) 356-5000 fax: (3 19) 356-5009 5879 Sunset Drive, Suite 1 DOVER, KOHL & PARTNERS town planning South Miami, FL 33143 tel: (305) 666-0446 fax: (305) 666-0360 http ://www. doverkohl. tom SUZANNE MARTINSON ARCHITECT 7910 Southwest 541h Court Miami, FL 33143 tel: (305) 667-3944 fax: (305) 663-0405 Consultant Tabu' Victor Dover, Joseph Kohl, Sergio Vazquez, James Dougherty, Dora Garzon, David Rodriguez, Robert Gray, Kristen Thomas, Glenn Sommer, Suzanne Martinson Table of Contents C I One Important Step %,.. . j... ~,~ ~ .L... ,~ ~,~: H~emlv~ q/ivnseI~,atllm, qt e, fjil:il*nCv, and (tlmn~;~dDO i?f reducing reahzr Hte ~dan jnil]~fid{v ~,~q~ p~V qO' D~ a stwe~vqfid new How This Plan Was Created .... '2.._...: ............. The City of Iowa City purchased pllrfillns of lcnilxsula in 993 us ng General Funds and Supl lemenla] CDBG Fkx~d Relief Funds Fhe pcninguia, situated m the t~odpiain ~xqll be desigued df:'vck}ped h: th< fl,x~dphfin The t~ppcr In Ma)~ 1998 hlwa Cit)crcaled this plan lhrough all ..... the ~ Colnmiss}un, panoils gathered arourld six tables, rollad up their rhis synthesis plan was presenled for IXn-ther inpkll at Fhis repoll [)reSent8 the final plan and design The Big ~deas A Mix of ltoUSb~,g 1~pes throughout the Ndg~borhood Liles~vie~ vary; people and hmiiias have differcnl .... nd !i~esW~es The mix oi housing types ranging ' ses. ih'c~worl, larger g~ulti-st Pedeslrian-Friendiy S~'eets 'lb make walking corrlk~rmble and saff' along sircots, certain design details are required Sidewalks are needed along sh'eets. Shade trees shoukt b~ provided traffic calmed; they should not be excessively wide so as vo encourage speeding. Paralld, on-slree~ parking should be Ii~c norm; parkcd cars acid a layer of safety h, pcdea rians from moving vehk:les Garage doors are local ect facing the alleys Iowa City's oider neighSthuds have many gainpies oj greal streels. Create a Coormcted Bike/Pedestrian Netsyork Bulkl v¢ithi~ ,he Traditlo~s of Mid~vcstern Urban Architecture Preser~,e '~rees & Vistas ~or Ptibiic En}oynmm Special Sites for Civic Buildings Sims should bc r0servcd for dvic buildilxgs as svmbois John's grocery store n iowa Reduce Car Trips: E~mourage a Corner Store, Daycare, and "LivejPg'ork' ilasic needs within walking distar~ce. Ndghborhoods liltside il sol~30 basics are x~4thi~ walking disiance, i neigl~bGrhood D~s~grmrs~ N otis 1the ne~ghbofitoiltt tjl,. neighborhtll,d Celebrate part oi wbal l~lake d~e Peninstda should be calebraiLed as public spactqs for tile erqoymcm Tboughffully sited ow'rlooks provide seating and galhering Lo~ reiaining walls, D'pica[ in oldel iowa City rlclghborhvods, helt, situatc the homes on genfie slop~., Illusu'a~ed is one of {he "Green Edge Streets" such as Soufi, Wi lienbrock Circ}c or 'X%hlket %trace DOvef, Kohl & Padnets, ~L sL A M~× of Housing Types Lites12,4cs vary; pe<~pl~ and i~miiie~ ~:itv are ...... p,]ix of SalisJ)' thoqe needs These types can be mixed c]ose}y logelhet Ft~r example: aclached rowhouses can sil A 'Variety of Su-ee~cs The Ndgll~bort~ood Cen~er ..... ? ,. '.7..-. A Flexible, Do-able Plan The Peninsula can demonstrate how successful traditional neighborhoods can be, and how they can outperform conventional subdivisions. Those subdivisions are often laid out around a narrowly- defined "buyer profile" gleaned from market research. ./~. Under that approach, a single house type is matched to the "profile" and then typically repeated over and · ' over in the subdivision. The problem is that the market often changes too quicldy for builders to respond with the best house type or lot type. The , practice of building a subdivision based on narrowly- defined "buyer profile" does not respond to the - varying needs of homeowners or the ever-changing , market. Such coolde-cutter subdivisions also lack the diversity and richness of older traditional " pitfalls. Platting with the Rod System; A Naturally Phase-able Plan Blocks should be platted into increments 8' wide. These increments can be assembled to form a variety of lot sizes for development. (This technique is adapted from early American settlements which were laid out in "rods" 16.5 feet wide. For modern purposes, two 8' increments equal one rod.) Iowa City, Peninsula -10- Dover, Kohl & Partners, et. al. Single Family Detached House The Peninsula plan shows the physical layout of the :::. . streets, public spaces and blocks. Intentionally, ...... Z. 2: '~ .'Z: · . however, the plan does not indicate lot sizes or ................ · depending on ~e market and other considerations at ~ ~z5 ~2~' ~ Alley ' Here's how it works: Suppose a buyer acquires six ~: ~ ~ ~ ~ frontage can be used for one single-family detached :: z.: ' 7: ZZ:.~: home, or two 24' ~de rowhouses, or a small 5l ' [ ~ ~ apa~ment building. L~artm~uilding ,_.~~ Scenario aowh0uses line house Sho~vn is a typical block in the Peninsula neighborhood. ' I The two scenarios show the same block, built out two -' _ \ different ways. The 8' increments are indicated by the gray Alley lines. Both scenarios show a mixture of single family / I detached houses, zero lot line houses, rowhouses and i i i apartments. Scenario I has a lower density. Scenario 2 _ i' L iii ~ ' shows what can happen if the same block was developed to : _ ' ,' ~ ...... i include more moderately priced homes such as zero lot line ~ · :'' ~: houses, rowhouses, and apartments. 5l V ~'T"~X_ ~ -- j I Apartment building flowhouses -]J- Iowa O[ty, Paninsula Dover, Kohl & Partnots, at. al. ! I Creating a Rapid Approval Process the time it needs to find the right developer(s) and Varie(y of architectural building elevations and form I Time is mone3~ A rapid, predictable approval process agree upon the best conceivable plan. If qualified is essential. Architectural variety creates visual is a tremendous incentive to builders and developers, proposals that meet the community's vision are not interest and sets the character for the neighborhood. and ~vill improve the City's prospects for getting the forthcoming on the first try, the RFP should be "Stamped out" repetition of the same building form is I type of development envisioned for this site. suspended, reformulated, and readvertised. unacceptable. Simple building shapes are generally a good thing. Overly decorative and non-functional The permitting process for ne~v buildings often Design matters as much as the price paid, if not more. building elements, such as false dormers should be I requires a series of formal approvals. The number of Certainly it is important for the City to recover its avoided. approvals can be greatly shortened if developers upfront investments in acquiring and planning the understand what is expected of the site plan and land. Ho~vever, the most important factor over the Creative solutions to long-term housing affordabili~ I architecture. This ~vas one rationale on the City's long term life of the neighborhood is the quality of should also be rewarded in the selection process. This part for creating this master plan. the development. The City should rank highest those single criterion should not dominate all the others, proposals which ~vill give longevity to the tax base, a but it is important to foster economic diversity in the I A concise code should communicate expectations sustained high quality of life for residents, and a fit neighborhood. Developers could be encouraged to about the quality and details of the streets, the with the natural environment. devise innovative partnerships xvith nonprofit housing placement of buildings, and the quality of groups or devise ways to maximize the mix of architecture. The code should be simple and Allow creativity. The vision presented in this d~velling sizes and lot sizes. understandable. City staff should work proactively document should be the starting point for developers' I ~vith architects and developers, coaching applicants detailed designs, but proposers should be encouraged on ho~v to make best use of the code. to imprope upon the plan. I Recommendations Regarding the Request for Encourage teams of more than one developer and Proposals for Developer(s) builder and a variety of architects. Developers and The City will issue a formal Request for Proposals or builders are often specialists, tending to work ~vithin I Request for Qualifications for a developer ~vho will one niche of the housing market; the Peninsula will implement this plan. The City ~vill then select a call for experience in several market segments. Teams buyer of the land from among the developers who can also help overcome the "artificial" look for which I submit proposals. In this process, a number of most ne~v developments are fairly criticized. criteria should apply; the price to be paid for the land Encourage a generous number of architects and is certainly an important consideration, but not the builders on the development team. I only consideration. The consultant team recommends: One way to avoid umvanted repetition is to have the development of a given street done by several Do not rtt~h. Haste makes waste, especially where combinations of architects and builders. land development is concerned. The City should take Iowa City, Peninsula -12- Dover, Kohl & Partners, et. al. Building to Street Relationship Building Placement Memorable neighborhoods have well defined Build-to Line locations are determined by the public spaces. Streets and squares derive their character from a deliberate, designed relationship between buildings and streets. One spacial effect is created with front yard setbacks, and a very different effect results from positioning building fronts along the property line. Generally, pedestrians are the most comfortable in relatively enclosed spaces that result from having buildings close to the sidewalk. People will walk more when the scene is sufficiently enclosed and interesting. Therefore, the location of buildings must be regulated to ensure that defined public spaces will be created. Building placement can be regulated by Build-to Lines. Build-to Line ABuild-to Line is a line parallel to the property line, along which the front plane of the building will be built. Porches, stoops and ramps are not considered the front plane of a building; these appurtenances encroach forward of the Build-to Line. A Build-to Line range is flexible, as site conditions vary. For example, building positions may need to be adjusted around mature trees in a few locations. The supervising planning team should establish the Build-to Line locations for specific sites at the time of application. building type. Recommended ranges for Build- to Line locations are as follows: · Buildings with retail on the ground floor and live/work buildings: 0' from the front property line · Rowhouses and offices on the ground floor: 0' to 10' from the front property line · Houses: 5' to 25' from the property line · Apartment buildings: 5' to 20' from the front property line Fronts & Backs of Buildings; Orientation of Lots Public spaces feel right when they are defined by the fronts of buildings for many reasons: · The fronts of buildings provide natural surveillance by having "eyes on the street". The buildings are generally more detailed, and they have public rooms with more windows, creating natural surveillance. · Garage doors do not belong on the front of buildings. · Similar building types should face each other across streets. C> Buildings face the streets, squares and greens to form good public spaces. Arrows indicate orientation of building fronts. / / · . Iowa City, Peninsula -13- Dover, Kohl &Partners, et. al. ~,~ld ,still feel priv~,,lc This fiesign {eau~re also hejp~ crea~' agreeabb propoztbns ir~ botl~ the btdldh~g help create privacy for homes Garage Doo~'s Gat-a~e door~ shuuid be posjtjoned behind fi~e pr~ncipz~l plane of the building front ideally garage doors shotrid f~c¢ the back, nnt the fi~mt or s~de of lhe lol Deutd~ed garages are idl~al HowevG artached ga'r~es are acceptant' Garage does not dornin[e lhe slreet score Street Types Foster Road - 64 r.o.w. ~ Residential Street -61~ r.o.~ ~..:: , l~,cqdenlia'; R, md qT' Lo.w ~g~ Green Edge Slreet - 43 r.o.~ Green Edge Road give-way~ - 36' r.o.w Streets All streets need not be the same. A hierarchy of streets can create an interesting and comfortable place to live and still accommodate cars. Roads are more rural in character, they bring cars into the neighborhood, generally they have walking paths and do not have mrbs. Steers are more urban with raised curbs, parallel paring and wide sidewalks. The less used streets are narrow, "~ve-way" or "one way" lanes. They build. The map is color coded to illustrate the varieD, of streets in lhe plan. Foster Road - 64' r.o.w. Residential Street - 61' r.o.w. .~- l)iagonal Parking Street- 5 l'r.o.w. ~ Green Edge Street - 43' r.o.w. ................. , ....... -ri.~.:.i..,-=: .....:~'." .... Green Edge Road (give-way) - 36' r.o.w., -.;:....'i' .::"....: Lane (one-way) - 29' r.o.w. Streets should equitably serve the needs of pedestrians, cyclists and motorists, rather than motorists alone. Using a tight turning radii of 8' to 15' at street intersections can shorten pedestrian crossings and inhibit recldess drivers from turning corners at high speeds. A Clear Zone at corners can allow oversized emergency vehicles to turn corners. A Clear Zone is a an area free of all obstructions such as telephone poles, sign poles, fire hydrants, or newspaper boxes. Shown below is a 25' radius Clear Zone. The drawings at right illustrate how the clear zone permits movement by the largest vehicles used by the cit~ Clear Zones '. 'ght-of-Way Line Curb Clear Zone Corner Curb Radii Intersection examples .................. i', 47' radius turn :~~-64' radi us turn ~C'~',-*'*'<~,Clear Zone ..... ;..,_-. ........................ /T' Oarlton Street Residential Road -55' r.o.w. To Green Edge Street -47' r.o.w. #2 Foster Road Clear Zone turn Foster Road 63'- r.o.w. To Lane - 35'- r.o.w. > ~ ' 47' radius turn r,/,-- -64' radius turn \ · -,-'%'~,Clear Zone Walker Terrace #3 Green Edge Road-47' r.o.w. To Green Edge Road -35' Iowa City, Peninsula -18- Dover, Kohl &Partners, et. al. Alleys, Paths & Trails Alleys improve the appearance of the street; they allow the badCs of buildings to ~wcur in the ba~k. Alleys allow for parking areas and garages m be in th~ rear. Narrow house lots can be better accommodated with rear parking. Garage doors can face the alley instead of the si~'eet. Alleys are rights-of-way 20 to 25' wide. In residential areas, 12 to 15' can be paved. In mixed use situations, the full width can be paved. 2m alley can be chainfeted where necessar), for ease of ~ovet/~e~t hy trucks. Paths can be a pedestrian passage five to ten' wide, Thc IAa~chkecture of Th~ P~nbasu~a conrcmpor~ry living The phcdess garag~.-scapc oi bclk'v¢ place., a rubber slamp of hismricai modal,. Thc ard~kects of buik~irm~s al lhc Pcninsuhl should be challenged le design ardfiteclul~: thai is nalura/ q]'aditkmally. Midweslcrn archil:Gcl fire is wilh widdy ovedtangin.~ c~ves, subsuxnlial picrs~ and the erictilting qualifies ,:~f ~raditional blii}dirk)4 lypcs of the Midwest lha~havc wofi,ed lorgenemfions Gond dt~siguers will draw un ffadifional building Wpes for Appropriate: Single family homes on a comtortabla sfreet in an older neighborhood of iowa City f'he resu}t ol a week of meeling, dles¢ input and dialogue· These depict a variety of urbane building types, suitable l%r a 13uildable, variations on them can be ehhe~ Building '(vpes Detached Homes Attached Homes The Bungalow Apartment Building The Four Square Elevation enclosed wa}kway. ][ necessary the ~arage could ~}so be altached. ProperWLine · 32', First Floor Plan ..................................... :ii:. ' ..... Oovel, Kohi & Padnets, and S~tzanne Madinson Elevation These cottages can c side of the building, lower cosl for the lot. detailing and . ' Zero Lot Line Cottages ~~r_V~gZ~i i Garage First Floor Plan The Bungalow ~though modest in its outward appearance, lh~s bungalow is actually a Second Floor Plan 32' First Floor Plan Rowhouses ~:-~ ' ~"" '~ = '- .....V """ ~n Eievati0n ~ ....... ' ' ' A yo~housc can abc a }a~ ~racious hom~ 0r ~,~00 square ~ecL Most ~mponant]y, this system permits a combination of sizes (~nd ~ric~s) to ncsHe comfon~b}y t.o~cthcr on a ~iv~n b~ock De~achc~ ~r~es h~ the rein ~ff~c~ the opportunlt~ Yor accessory apartments, a rm~ur~t)y occurrin~ k~rm of afk,'dab~ housin~ ~v~n b~ pmsfi~k>us neighborhoods [ lq/2Car ~ Living Room , _~_6: ,,,-H .... g'~L------~. First Floor Plan Second Floor Plan Details Debunldng the "Expensive Detail" Myth If you walk on any of the great streels i13 Iowa City .. . · . .. ...., neigbbofimods are buildings close to the stree~ d~at .. ,I . . . '. ' ' d usable Placing buildings close to tbe street and requiring architectural detail is a reasonable expense. Details that create scale such as ~qndow lintels and sills, expression lines, need not be inordinately expensive. The building details illustrated here al~ among features found in many traditional Midwestern buildings. They are parlot the esl ablished architectural precedents of the regilm. Detached Homes ~ Hipped roofs ' overhang ~' ~2'2:2]j .................:: ' Roof with wide eave Vedically orient windows Multi-pane sash over sash !! :.~ [c~ &TT ..'C t':~:-T."..." "" ""with one large pane ::: "'i i ) ".--~ .... g':: ':g' k: "":: ". ":';:~';;""" ': ~ ' ~' :'~:::~ Gabled dormer with w de eave overhang windows together :/Exposed ra~er tabs Attached Homes Storefront Buildings ,,-- Parapets with strong ,-' cornice ' - Expression line between ........... :-- lstand2ndf!oom l"','f, :--. 'q~"j--Front doors face front -Accessibfi~ty can be provided by weft designed ramps -Raised finished floor leve '=""" :" "~ ......... 2' improves proportions and .......................................................................... privacy Signage is scaled ~o the facade ot building --Shade for stomfi'ont provided by balcony or large for merchandising I A primary goal of the Architectural Guidelines is authenticit)~ The Guidelines encourage construction which is straightforward and functional, and which draws its ornament and variety from the traditional assembly of genuine materials. Many recent replacement materials of metal and plastic have shown to be initially inexpensive. These materials have unproven durability and tend to look inferior. Building Walls Materials on exterior walls can create a myriad of texture and rhythms. · Wood siding; painted or natural (redwood and cedar is preferred). Beaded edges offer a more polished appearance. The shadows cast create more visual interest. Shingle siding is also common. , Brick masonry; tooled to shed water and throw strong shadows. · Stucco; can used as an accent to complement brick expanses. · "Hardie-Plank" siding is a composite, when painted this siding offers the character of wood and has shown to be resistant to moisture. Garden Fences Fences delineate private spaces from public and creates visual interest on the street. · Wood; painted white, left natural, or stained with colors can be designed as informal and inviting or formal and intriguing · Wrought iron when used by itself does not offer opacit)~ Wrought iron can be accompanied by stone or concrete piers, or can cap a low masonary wall. Porches, Columns, Arches and Piers · Porches (railings and balustrades) are predominantly wood, painted or natural (redwood and cedar preferred). · Columns are predominantly painted wood. · Arches and Piers are of Stone, Brick or reinforced Concrete with a Stucco finish. Roofs & Gutters Roofs can be a standing Seam Metal or Asphalt Shingles of the dimensional type. Gutters are typically Aluminum or Galvanized Steel to withstand rust. Windows, Skylights,&Doors Wood Sash or Clad Wood Sash. Iowa City, Peninsula -28- [:)over, Kohl & Partners, and Suzanne Martinson Peninsula a new neighborhood in Iowa City Traditional neighborhoods have endured and include most of the truly prestigious places to live. Why? Traditional neighborhoods have common physical qualities which create hospitable places to live. Traditional neighborhoods throughout the Americas are fundamentally the same. Iowa City is fortunate to have many neighborhoods which serve as great examples for the new neighborhood on the Peninsula property Throughout the charrette process, the community and the design team arrived at a series of fundamental principles which adapt traditional neighborhood design conventions and local desires to this unique site. These "big ideas" will define the character of the Peninsula. An Identifiable Center & Edge A neighborhood grows complete with an identifiable center of its own and defined edges. The Peninsula will a have a defined edge that preserves the nearby green spaces. A Square will define the center of the neighborhood. On the square, you may have a grocery store, a daycare center, live/work buildings, as well as a stop for the bus. The Big Ideas A Mix of Housing Types throughout the Neighborhood Lifestyles vary; people and families have different needs. A mix of housing types can offer a range of homes to satisfy varying needs, lifestyles and incomes. The neighborhood will offer a healthy mix of housing types ranging from apartments, ro~vhouses, live/~vork homes, one story detached homes, all the ~vay to larger multi-storv homes. The Guitar Founclation in the Northside Commercial District was built in 1004. It is a livo/work builOinO which contains a musical instrument store anO music school; tNo owner lives 0n the socon~ floor. Interconnected, Pedestrian-Friendly Streets To make walking comfortable and safe along streets, certain design details are required. Side~valks are needed along streets. Shade trees should be provided along most streets. Streets must be naturalIv traffic calmed; they should not be excessively ~vide so as to encourage speeding. Parallel, on-street parking should be the norm; parked cars add a laver of safety for pedestrians from moving vehicles. Garage doors are located facing the alleys. iowa ci~,s oloor noi0hO0rh0o~s have many 0xam~los of 0roat stroots. Iowa City, Peninsula -2- Dover, Kohl &Partners, et. al. The Peninsula plan shows the physical layout of the streets, public spaces and blocks. Intentionally, however, the plan does not indicate lot sizes or specify building types for each lot. This way a given block frontage can be divided in various ways depending on the market and other considerations at the time of development or redevelopment. Here's how it works: Suppose a buyer acquires six increments of 8' each, or 48' of frontage. This frontage can be used for one single-family detached home, or two 24' wide rowhouses, or a small apartment building. Shown is a ~ypical block in the Peninsula neighborhood. The t~o scenarios show the same block, built out two different ways. The 8' increments are indicated by the gay lines. Both scenarios shon~ a mixture of single family detached houses, zero lot line houses, rowhouses and apartments. Scenario 1 has a lower density. Scenario 2 shows what can happen if the same block was developed to include more moderately priced homes such as zero lot line houses, rowhouses, and apartments. Scenario # 1 Ell Scenario #2 Rowhouses I Alley / il :i Apartment building Zero lot line house · i~ / : Family Detached House Alley Apartment building Rowhouses Iowa City, Peninsula -11- Dover, Kohl &Partners, et. al. Building Placement Memorable neighborhoods have well defined public spaces. Streets and squares derive their character from a deliberate, designed relationship between buildings and streets. One spacial effect is created with front yard setbacks, and a very different effect results from positioning building fronts along the property line. Generally, pedestrians are the most comfortable in relatively enclosed spaces that result from having buildings close to the sidewalk. People will walk more when the scene is sufficiently enclosed and interesting. Therefore, the location of buildings must be regulated to ensure that defined public spaces will be created. Building placement can be regulated by Build-to Lines. Build-to Line A Build-to Line is a line parallel to the property line, along which the front plane of the building will be built. Porches, stoops and ramps are not considered the front plane of a building; these appurtenances encroach forward of the Build-to Line. A Build-to Line range is flexible, as site conditions vary. For example, building positions may need to be adjusted around mature trees in a few locations. Building to Street Relationship Build-to Line locations are determined by the building type and context. Recommended ranges for Build-to Line locations are as follows: o Buildings with retail on the ground floor and live/work buildings: 0' from the front property line 0 Rowhouses and offices on the ground floor: 0' to 10' from the front property line o Houses: 5' to 25' from the property line o Apartment buildings: 5' to 20' from the front property line Fronts & Backs of Buildings; Orientation of Lots Public spaces feel right when they are defined by the fronts of buildings for many reasons: · The fronts of buildihgs provide natural surveillance by having "eyes on the street". The buildings are generally more detailed, and they have public rooms with more windows, creating natural surveillance. · Garage doors do not belong on the front of buildings. · Similar building types should face each other across streets. Buildings face the streets, squares and greens to form good public spaces. Arrows indicate orientation of building fronts. Iowa City, Peninsula -13- Dover, Kohl &Partners, et. al. Finished Floor Level The first floor of houses should be raised above the level of the sidewalk, at least two feet. This raised ground floor allows homes to be close to the street, and still feel private. This design feature also helps create agreeable proportions in both the building facade and the street spaces. Porches and stoops also help create privacy for homes. Garage Doors Garage doors should be positioned no closer than 20' behind the principal plane of the building front. Ideally garage doors should face the back, not the front or side of the lot. Detached garages are ideal because they help define private yards in the rear. However, attached garages are acceptable if given appropriate design treatment. I I I I I I I I I I I I i In many recent developments: The garage is pad of the front facade of the house. In the Peninsula: The garage will be more than 20' behind front plane of the house. In many recent developments: Garage doors are forward of the front plane of the house. .. In the Peninsula: The Garage should not dominate the scene. Iowa City, Peninsula -14- Dover, Kohl &Partners, et. al. Streets should equitably serve the needs of pedestrians, cyclists and motorists, rather than motorists alone. At intersections, 8' to 15' radius turns will shorten pedestrian crossings and encourage low speed vehicular turns. A Clear Zone at corners can allow oversized emergency vehicles to turn corners. A Clear Zone is a an area free of all obstructions such as telephone poles, sign poles, fire hydrants, or newspaper boxes. Shown below is a 25' radius Clear Zone. The drawings at right illustrate how the clear zone permits movement by the largest vehicles used by the cit~ Corner Curb Radii #2 Foster Road Foster Road 63'- r.o.w. To Lane - 35'- r.o.w. Clear Zones | ~]"ht of W Line '~,~ · 'i' '-": '~"" ......z~z Curb Clear Zo i 46:' radius turn :, / ' radius turn o ear Zone rr ..... .'_,2 ......................... Carlton Street ~ - 47' radius turn ,,/ ~: ~ ~ -64' radius turn ~, ~ Walker Terrace #1 Residential Road -55' r.o.w. To Green Edge Street -47' r.o.w. #3 Green Edge Road -47' r.o.w. To Green Edge Road -35' Iowa City, Peninsula -18- Dover, Kohl &Partners, eL al. Types Alleys - 25' Easement ,d' ..,-'/ .... ..,,.- Patbs a}][/ (tZ~ Alley~'i'~prove the appearance of the street; al~c~e;sh: · o · to be in ~e rear. Narrow house lots can be -. with rear paring. Garage ,,,.-~,~rs can face ~e. alley instead of the street. ,,.~,,.~,,.-"' ~a ""~"', '>"" ~leys c: s or rights-of-way 20 to 25' f .....wide· ,(~ residegti~ areas, 12 to 15' can be ~ pave. 'In mix¢~u,~e situations, the full ~dth ~ c~ be paved: ~ alley can be chamfered where .~ecessary Br ease ~ movement by trucks. ~ Paths c~ be a ~d~stfiaa passage five to ./ , : Iowa City, Peninsula -19- Oover, Kohl &Partners, et. al. The To create the best possible neighborhood, we must define a traditional regional architecture suitable for contemporary living. It is not necessary to contrive a make believe place, or rubber stamp historical models. The architects of buildings at the Peninsula should be challenged to design architecture that is natural. Traditionally, Midwestern architecture is characterized by its urbane and practical yet elegant styles. Prairie and Bungalow styles are both responses to the context of the place, the landscape and climate. These houses typically have strong horizontal lines with widely overhanging eaves, substantial piers, and porches. Because they are responses to the climate, elements like broad eaves and porches evolved in vernacular architecture for practical reasons, not nostalgic ones. These houses are honest; the materials are emphasized and used to create a tactfie richness and subtle ornamentation. These same qualities can be attained within a variety of styles, including competent modern architecture. Architects and builders should be directed to study the enduring qualities of traditional building types of the Midwest that have worked for generations. Good designers will draw on traditional building types for their clarity of relationships, proportions, and use of materials while integrating modern necessities. Architecture of The Peninsula In many recent developments: The scale is defined by the wide street and In the Peninsula: Homes and streets are a~signed in concert to create a dominant garage doors. comfortable human scale. . The Peninsula Iowa City, Peninsula -20- Dover, Kohl &Partners, and Suzanne Marljnson Zero Lot Line Cottages ,: 1 A 3G' These cottages can offer a less expensive option to homebuyers. Having one side of the building on the lot line allows for a narrower lot width and a lower cost for the lot. Options in the building of the home can also control cost. Choosing simple detailing and materials, a smaller garage or opting for a covered carport is another way of reducing costs in new homes. Garage I I I I I I I I I r ....Jlaal~"f"t I . -'-'-:.:-::__ LMng Room · 10' ' ]Porch ' .....' .... 20' I '1C I First Floor Plan Garage I I I I I I I I I _ . I 18' I I I I I I I I I , I Example of how the garage can be attached to the house. Iowa City, Peninsula -23- Dover, Kohl &Partners, and Suzanne Ma~nson A primary goal of the Architectural Guidelines is authenticit)~ The Guidelines encourage construction which is straightforward and functional, and which draws its ornament and variety from the traditional assembly of genuine materials. Many recent replacement materials of metal and plastic have shown to be initially inexpensive. These materials have unproven durability and tend to look inferior. Materials Building Walls Materials on exterior walls can create a myriad of texture and rhythms. · Wood siding; painted or natural (redwood and cedar is preferred). Beaded edges offer a more polished appearance. The shadows cast create more visual interest. Shingle siding is also common. · Brick masonry; tooled to shed water and throw strong shadows. · Stucco; can be used as an accent to complement brick expanses. · "Hardie-Plank" siding is a composite; when painted this siding offers the character of wood and has shown to be resistant to moisture. Garden Fences Fences delineate private spaces from public and creates visual interest on the street. · Wood; painted white, left natural, or stained with colors can be designed as informal and inviting or formal and intriguing · Wrought iron when used by itself does not offer opacity. Wrought iron can be accompanied by stone or concrete piers, or can cap a low masonary wall. Porches, Columns, Arches and Piers · Porches (railings and balustrades) are predominantly wood, painted or natural (redwood and cedar preferred). · Columns are predominantly painted wood. · Arches and Piers are of Stone, Brick or reinforced Concrete with a Stucco finish. Roofs & Gutters Roofs can be a standing Seam Metal or Asphalt Shingles of the dimensional type. Gutters are typically Aluminum or Galvanized Steel to withstand rust. Windows, Skylights,& Doors Wood Sash or Clad Wood Sash. Iowa City, Peninsula -28- Dover, Kohl & Partners, and Suzanne Martinson Prepared by: Rick Fosse, City Engineer, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5143 RESOLUTION NO. 98-254 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF NORTH RIVERSIDE DRIVE/ARTS CAMPUS STORM SEWER, PHASE I, PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held· NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 18th day of August, 1998. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa at 7:00 p.m. on the 25th day of August, 1998, or at such later time and place as may then be fixed. Passed and approved this 28th dayof July ,1998 MAYOR Resolution No. 98-254 Page 2 ATTEST: CI It was moved by Thornberry adopted, and upon roll call there were: Approved by and seconded by Norton AYES: NAYS: ABSENT: X X X X X X x the Resolution be Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef pwengVes%adcamp.doc Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5143 RESOLUTION NO. 98-255 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN NNW, INC. OF IOWA CITY, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE ENGINEERING SERVICES FOR PORTIONS OF PHASE I AND II OF THE NORTH RIVERSIDE DRIVE/ARTS CAMPUS STORM SEWER PROJECT. WHEREAS, the City of Iowa City and the University of Iowa desire to improve the storm water management system in the area of Riverside Drive and the Iowa Center for the Arts Campus; and WHEREAS, improvement of the storm water system will necessitate a multi-phased cooperative effort between the City and the University of Iowa; and WHEREAS, staff has negotiated an agreement with NNW, Inc. of Iowa City, Iowa, for design of the project and preparation of bidding documents, construction administration and inspection services for portions of Phases I and II; and WHEREAS, other portions of Phase I and II services have been provided by a previous contract with NNW, Inc.; and WHEREAS, the City Council deems it in the public interest to enter into an agreement with NNW, Inc. for design, construction administration and inspection services. 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 Consultanrs Agreement. Passed and approved this 28th A'FFEST: C~RK'~/~' day of J u ] y ,1998. Ap ved~ City~t~'rRey's Office pweng/res/arts4.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 28th day of Jul y 1998 , by and between the City of Iowa City, Iowa, a municipal corporation, hereina~er referred to as the City and NNW, Inc. of Iowa City , hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City and the University of Iowa desires to improve the storm water management system in the area of North Riverside Drive and the Arts Campus. This agreement includes the design of the entire system and preparation of bidding documents for the Conduit from River Street to the International Center Parking Lot, including some pump system piping. 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 hydraulic study of this area has been performed. Based on this hydraulic study, the design Phase shall include the work necessary to determine all sizes, slopes and location for pipes and boxes for both the gravity system and pump system. Also included in the design will be pump sizes and schematic design. The Final plan phase shall include the work to be done in the summer of 1998, which includes the conduit from River Street to the International Center Parking Lot, including pump system and piping (this includes phases I and II of the overall plan). Also included in the Final Plan Phase will be two backwater prevention systems on existing pipes in the north Arts Campus area. Not included in the final plan phase is plans and specifications for the other parts of the project covered in the design phase. Work shall begin immediately on the Design Plan phase. A. Design Phase: Refine topographic survey of area to supplement existing City and University maps including location of utilities. Determine location of utility conflicts with new storm system. This will require exploratory excavation which is included in this agreement; Determine final size, grade and location of all storm piping including manholes, intakes, junction boxes, backflow preventers and pump boxes for both gravity system and pumped system. Design pumping station including pump sizes, configuration and location. Coordinate with University on location and appearance of pump controls. 4. Identify public right-of-way and easements for drainage in the area. 5. Coordinate with City and University for other planned work in the area. Meet with City and University staff, to determine aesthetic and neighborhood considerations for the project; Work shall begin immediately on the Design Plan phase. B. Final Plan Phase: The final plans to be included in this contract are for Phase I and Phase II of the overall project. The design of the conduit from the Iowa River to Riverside Drive is included in another agreement. For Phase I this agreement includes the design of backflow preventers near Hancher Auditorium and relocation of a City watermain and University cross connection due to future construction of an addition onto the Alumni Center. For Phase II this agreement includes continuing the conduit up the International Center Parking lot to the proposed pumping station, the pumping station, pumps and storm sewer work for the pumping station. Phase II will be included in the River Street Reconstruction Project. Prepare detailed plans, specifications, contract documents and engineer's estimate required for letting. Plans shall include construction staging and traffic control necessary to maintain traffic during construction; Contract documents shall be in accordance with City, State and Federal requirements and shall use Iowa City Standard Construction Specifications as base specifications; Provide necessary prints and calculations for review by City and University personnel; Keep in contact with various utility companies, and other affected private and/or governmental entities during design for purposes of project coordination. Organize and hold the City's preconstruction meeting to be held with the successful bidder to answer technical questions regarding construction of the project; Attend the following meetings and if required, make a presentation; a. As required with City and University staff for periodic discussion of project development. b. City Council meetings concerning public hearing. c. Meetings with University of Iowa Officials. d. Neighborhood Groups. e. Meetings with property owners during easement or R.O.W. negotiations. 7. Answer questions during the bidding process and issue addendum as needed. Project Administration and Construction Inspection Phases: The construction phases to be included in this contract are for Phase I and Phase II of the overall project. The Project Administration and Construction Inspection of the conduit from the Iowa River to Riverside Drive is included in another agreement. For Phase I this agreement includes the Project Administration and Construction Inspection of backflow preventers near Hancher Auditorium and relocation of a City watermain and University cross connection due to future construction of an addition onto the Alumni Center. For Phase I1 this agreement includes continuing the conduit up the International Center Parking lot to the proposed pumping station, the pumping station, pumps and storm sewer work for the pumping station. Phase II will be included in the River Street Reconstruction Project. Co Project Administration Phase: 1. Provide project administration; 2. Prepare field alignment and elevation information and provide construction staking one time; 3. Make timely visits to the project during the course of construction; 4. Negotiate, prepare, and obtain approval of all change orders required by the construction, including submission of verification information; 5. Conduct weekly construction meetings; 6. Review monthly pay estimates and submit to City Engineer with recommendations; 7. Keep public information board on site up to date. (Board shall be furnished and erected by City.); 8. Have available at site, in office, or by phone or pager 24 hrs/day, a full time representative who can respond to off-hour issues and answer citizen's inquiries; 9. Keep project material, labor and inspection records as required by City; 10. Perform material testing as required by City procedures; 11. Coordinate with and inform the University of Iowa; 12. Upon completion of the project, determine final contract quantities from actual field measurements, or from field and office records as well as period pay estimates and submit same to the City; 13. Prepare certifications of completion for City Council acceptance; 14. Attend necessary meetings of the City Council both during the course of construction and at the time of final project acceptance; 15. Prepare as-built drawings and operation and maintenance manual; 16. Provide City and University with mylar copy of as-built drawings. 17. Review shop drawings for compliance with plans and specifications. Construction Inspection Phase: Provide necessary on-site inspection and documentation utilizing a technician or engineer experienced in the inspection and construction of structural concrete, concrete pavement, and storm sewer; Provide assurance construction is substantially in accordance with the plans and specifications; Provide certified concrete inspector as required; Provide City with copies of daily diary entries and results of materials testing, pictures and certification. C= Special 1. Services Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; Assist the City as expert witness in litigation arising from the development of construction of the project and in hearings before various approving and regulatory agencies. II. TIME OF COMPLETION The intent of the City and University is to begin construction during the summer of 1998. The target letting date for the first phase of work is August 18, 1998. The Consultant shall strive to complete the following phases of the Project in accordance with the schedule shown. Design Phase - Complete design necessary for the first phase of final plans in accordance with the dates shown below. The remainder of the design shall be completed October 1998. Final Plan for Phase I - 90% review plans to City & University - June 30, 1998. Phase I Project Administration and Construction Inspection - The target date for commencing construction is September 1, 1998 Final Plan for Phase II - 90% review plans to City & University - January 15, 1998. Phase II Project Administration and Construction Inspection - The target date for commencing construction is March, 1999 III. If any phase of the project is delayed by the City or University, the dates shall be revised accordingly. GENERAL TERMS The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. 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, sexual orientation or gender identity. 4 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 "amount not to exceed" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the IOity for the purpose of the Project shall be as an independent contractor and shall be exclusive, the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to ensure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filling use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. 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. IV. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this agreement on an hourly basis at the hourly rates shown in Appendix A, attached hereto, with a maximum not to exceed amount for each phase: Design Phase: Thirty Nine Thousand Two Hundred dollars ($39,200.00). Final Plan for Phase h Five Thousand Four Hundred dollars ($5,400.00). Project Administration and Construction Inspection for Phase I: Four Thousand Five Hundred dollars ($4,500.00). Final Plan for Phase I1: Twenty Seven Thousand Two Hundred dollars ($27,200.00). Project Administration and Construction Inspection for Phase Ih Twenty Thousand Three Hundred dollars ($20,300.00). V. MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that is the entire Agreement, and that no other monies or considerations have been solicited. Title: Mayor Date: July 28, 1998 yO.R iHE,/t~ON~ ~ Title: ~~ ~/L~ ~v~X'C City Attorney's Office Date 6 Prepared by: James Brachtel, Sr. Civil Engineer, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 98-256 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1998 PAVEMENT MARKING'PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS· WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate · of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa· The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 18th day of August, 1998. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa at 7:00 p.m. on the 25th day of August, 1998, or at such later time and place as may then be fixed. Passed and approved this 28th dayof ~lu'ly ,19 98 MAYOR Resolution No. 98-256 Page 2 AI'FEST: Approved by Ci e It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderheef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res~pavemark,doc Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 98-257 RESOLUTION AUTHORIZING CONVEYANCE OF VACATED PORTIONS OF SECOND AVENUE COURT RIGHT-OF-WAY LOCATED NORTH OF MUSCATINE AVENUE AND WEST OF FIRST AVENUE TO THE PLACE/COMMERCIAL REAL ESTATE (DAVID K. DARR FAMILY LIMITED PARTNERSHIP II), THE RED~VEL- OPER OF THE SUBJECT PROPERTY AND OWNER OF ALL ABUTTING PROPERTIES WHEREAS, On July 28, 1998, the City Council held a public hearing on a Resolution of Intent to Convey vacated portions of Second Avenue Court located north of Muscatine Avenue and west of First Avenue for the purpose of facilitating redevelopment of the adjacent properties; and WHEREAS, Said adjacent properties have been acquired by The Place/Commercial Real Estate, (David K. Darr Family Limited Partnership II) the developer, for said redevelopment; and WHEREAS, the developer has offered the sum of 936,800 for the 6400 square foot parcel (95.75 per square foot), which is consistent with recent valuations for City public works projects acquisitions in the area; and WHEREAS, as additional consideration for the vacation and conveyance of the subject property, the developer has agreed to certain additional conditions on the redevelopment of the site, which conditions are designed to satisfy public needs and negative externalities directly associated with the redevelopment of the subject property; and WHEREAS, with the redevelopment of the subject property, the City will not need the vacated portions of the right-of-way to provide access to property in the area; and WHEREAS, the redevelopment of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and City clerk are hereby authorized to execute a Quit Claim Deed conveying the City's interest in the vacated portion of Second Avenue Court located north of Muscatine Avenue and west of First Avenue to The Place/Commercial Real Estate, under the legal entity of David K. Darr Family Limited Partnership II, for the purpose of facilitating redevelopment of the adjacent properties, for the sum of 936,800. The Mayor and City Clerk are further authorized to execute and attest appropriate easement agreements for the retention of utility easements for placement and Resolution No. 98-257 Page 2 maintenance of public improvements and utilities located within the vacated areas and to execute and attest the Developer's Agreement which contains those additional conditions on the redevelopment of the site designed to satisfy public needs and ameliorate negative externalities directly associated with the redevelopment of the subject property. The City Attorney is authorized to deliver said Quit Claim Deed to the developer. The deed, easement agreement, development agreement and any other documentation required by Iowa Code §364.7 (1997) shall be recorded by the City Clerk in the Johnson County Recorder's Office at the Developer's expense. It was moved by Thornberry and seconded by adopted, and upon roll call there were: 0 ' Donne] 1 the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 28th day of July , 1998. MAYOR ATTEST: Prepared by: Sarah Holecek, First Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 98-258 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT FOR PUBLIC PROPERTY WITH HAWKEYE LUMBER COMPANY FOR RENTAL OF THE VACATED PORTION OF ALLEY RIGHT-OF-WAY BETWEEN LAFAYETTE STREET AND BENTON STREET IN IOWA CITY, IOWA FOR PURPOSES OF STORAGE AND SECURITY. WHEREAS, on July 28, 1998 the City of Iowa City, Iowa passed an Ordinance vacating the northern 200 feet of the alley right-of-way between LaFayette Street and Benton Street, west of Dubuque Street; and WHEREAS, Hawkeye Lumber owns the surrounding property and has requested that they be allowed to use and control the subject property for the purposes of storage and security; and WHEREAS, under the proposed lease, Hawkeye Lumber shall pay the sum of $200 per year for the 200' x 20' parcel, with said lease running for a term of three years; and WHEREAS, it is in the best interest of the public and City of Iowa City to execute the attached Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Lease Agreement attached hereto and made a part hereof, is approved as to both form and content. The Mayor and City Clerk are hereby authorized to execute and attest the Lease Agreement, and the City Clerk is directed to furnish a copy thereof to any citizen requesting the same. Passed and approved this 28th sarah\landuse\lurnbleas. res day of Jul , 1998. A db ? Resolution No. 98-258 Page 2 It was moved by Tho~'nben'.y and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CITY OF IOWA CITY LAND LEASE This agreement, is made and entered into this Z S day of ~ ~L-{,~ , 1998, by and between the City of Iowa City, Iowa, a municipal corporation, (hereinafter "City"), whose address for the purpose of this lease is 410 E. Washington St., Iowa City, Iowa, 52246, and Hawkeye Lumber Company, (hereinafter "Hawkeye"), whose address for the purpose of this lease is 803 South Dubuque St., Iowa City, Iowa. WITNESSETH THAT: Property leased. In consideration of the mutual terms, agreements, and conditions contained herein, the City agrees to lease unto Hawkeye the property described as the vacated, northern 200 feet of the alley right-of-way between LaFayette Street and Benton Street, west of Dubuque Street, which parcel is approximately 20 feet wide, and which is situated in Iowa City, Johnson County, Iowa. m Term, This lease shall be in effect for 3 years, beginning the 1st day of August, 1998, and ending the 31st day of July, 2001. Upon the mutual consent of Hawkeye and the City, this lease may be extended by additional three year periods, provided said extensions are executed as written addenda hereto. Rent. Hawkeye agrees to pay the City rent for the leased premises as follows: $200 per year, in advance, payable on the 1 st day of August for each year during the term of this lease. Payment received after the 15th day of August shall draw interest at 9% per annum from the date due, until paid. Hawkeye shall be responsible for property taxes, if any, on the leased premises. Possession. Hawkeye shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the City at the time and date of the close of this lease, except as herein provided. Should the City be unable to give possession on said date, Hawkeye's only damages shall be a rebate of the pro rata rental. Further, should City require the use of said property at any time during the terms of this lease, Hawkeye shall vacate same upon thirty (30) days written notice of the City's intention to retake possession, and Hawkeye's only damages shall be a rebate of the pro rata rental. Use of premises. Hawkeye's use of the premises under this lease shall be limited to storage of materials upon the surface of the property, and the installation of gates and/or fencing upon the premises for security purposes. Hawkeye shall provide unhindered access to the premises to the City and U.S. West for the purposes of maintaining the utilities currently in place within the vacated right-of-way. Further, should the City and/or U.S. West need to excavate for the purposes of maintaining, replacing or placing utilities on the premises, Hawkeye shall remove all materials in the area to be excavated to allow access to the property. Hawkeye shall not use or permit the premises to be used for any unlawful purpose. Hawkeye shall comply with all local, state and federal codes. Maintenance and repairs. Hawkeye shall be responsible for maintenance and repair of the premises, and agrees to restore the premises to their condition at the commencement of this lease· Hawkeye shall make no structural alterations or improvements to the leased premises without first obtaining the City's written approval. Reasonable care of property. Hawkeye shall not permit or allow any portion of the premises to be damaged by any negligent act or omission of Hawkeye or its employees, and Hawkeye agrees to surrender the premises at the expiration of this agreement in as good condition as at the commencement of this agreement, normal wear and tear excepted. Hawkeye agrees to give the City free access to inspect the premises at all reasonable times. Official notices. Notices to the City as herein provided shall be sufficient if sent by regular mail, postage prepaid, to the City Clerk, 410 E. Washington St., Iowa City, Iowa 52240. Notices to Hawkeye shall be sufficient if sent by regular mail, postage prepaid, to Hawkeye Lumber Company, 803 S. Dubuque St., Iowa City, Iowa 52240. , Assignment or Transfer. Hawkeye shall not assign or transfer this lease, or any interest herein, or sublet the premises or any part thereof without the prior written consent of the City. 10. Changes to be in writing. This agreement shall not be modified, waived, or abandoned except in writing duly executed by both parties. This agreement contains the whole agreement of the parties, and is not assignable by either party without the written consent of the other. 11. Severability. In the event any portion of this lease is found invalid, the remaining, portions shall be deemed severable and shall remain in full force and effect. 12. Indemnification. To the fullest extent permitted by law, Hawkeye shall indemnify and hold harmless the City of Iowa City, its agents, servants, and employees against all claims, demands, and judgments made or recovered against the City for damages to real or tangible personal property, or for personal injury, bodily injury, or death to any person arising out of, or in connection with, any acts or omissions or use or misuse of the leased premises by Hawkeye, its agents, or sublessees, or any one directly or indirectly employed by any one of them. This agreement shall extend to and be binding upon the heirs, executors, administrators, trustees, successors, receivers, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. sarah/landuse/lurnblea.doc Francis T. Driscoll, Manager and Authorized Agent By: Prepared by: Sarah Holecek, First Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 \ RESOLUTION NO. 'ION AUTHORIZING THE MAYOR TO SIGN AND THE CITY C TO ATTEST LEASE AGREEMENT FOR PUBLIC PROPERTY WITH EYE LUMBER zANY FOR RENTAL OF THE VACATED OF ALLEY RI(~ BETWEEN LAFAYETTE STREET AND STREET IN IOWA CITY, IA FOR PURPOSES OF STORAGE AND SE ~ITY. WHEREAS, on July 28, 1 northern 200 feet of the alle of Dubuque Street; and 8 the City of Iowa City, Iowa pas 'ight-of-way between LaFa' an Ordinance vacating the and Benton Street, west WHEREAS, Hawkeye Lumber the surrounding allowed to use and control the sub ,'t property and has requested that they be purposes of storage and security; and WHEREAS, under the proposed 4awkey~ for the 200' x 16' parcel, with said le~ shall pay the sum of $200 per year for a term of three years; and WHEREAS, it is in the best interest of the Lease. ~lic and City of Iowa City to execute the attached NOW, THEREFORE, BE IT IOWA, THAT: THE COUNCIL OF THE CITY OF IOWA CITY, 1. The Lease Agreement att hereto and de a part hereof, is approved as to both form and content. / 2. The Mayor and Cit~Cle are hereby authoriz to execute and attest the Lease Agreem. ent, and t City Clerk is directed to fur ish a copy thereof to any citizen 3. ~ hereby authorized to execute ny subsequent renewals, as provided in tl attached Lease Agreement. Passed and appro this day of , 998. ATTEST: CITY CLERK sarah\landuse\lumbleas.res MAYOR A provcd) by Prepared by: Eleanor Dilkes, City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 98-259 RESOLUTION DECLINING TO CONSIDER AN APPEAL FILED BY ATTORNEY JOHN T. NOLAN OF THE DECISION OF THE HISTORIC PRESERVATION COMMISSION APPROVING A CERTIFICATE OF APPROPRIATENESS FOR 621 SOUTH SUMMIT STREET. WHEREAS, pursuant to Title 14, Chapter 4, Article C of the City Code and State law the Iowa City Historic Preservation Commission has the authority to review and act upon applications for proposed alterations to exterior features within areas designated as historic districts (applications for Certificates of Appropriateness); and WHEREAS, at its meeting of June 22, 1998 the Iowa City Historic Preservation Commission approved a Certificate of Appropriateness for 621 South Summit Street to allow an addition at the rear of the home; and WHEREAS, City Code Section 14-4C-7(E) provides that an aggrieved applicant may appeal a decision of the Commission regarding a Certificate of Appropriateness in an historic district to the City Council and State law provides for an appeal by an aggrieved party; and WHEREAS, on July 1, 1998, attorney John T. Nolan, on behalf of 14 individuals, filed with the City Clerk a purported notice of appeal of the Commission's approval of the Certificate of Appropriateness; and WHEREAS, the 14 individuals listed on said Notice of Appeal were not the applicant for said certificate or otherwise a party to the proceedings before the Commission; and WHEREAS, said individuals do not have a right of appeal from the Historic Preservation Commission's decision and therefore, the City Council has no jurisdiction to consider said appeal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council of the City of Iowa City declines to consider or exercise jurisdiction over said purported notice of appeal filed by attorney John T. Nolan on behalf of 14 named individuals with the City Clerk of the City of Iowa City on July 1, 1998. Resolution No. 98-259 Page 2 Passed and approved this 28 th A3'FEST:C~ ~. It was moved by Thornberry adopted, and upon roll call there were: day of Ju]y MAYOR and seconded by ,1998. City Attorney's Office Vandef'hoef the Resolution be AYES: NAYS: ABSENT: · Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef eleanor%621 sumt. doc July 20, 1998 CITY OF I0 W.d CITY John T. Nolan Attorney at Law 22 E. Court Street Iowa City, IA 52240 Re: Historic Preservation Commission - 621 S. Summit Street Dear Mr. Nolan: On July 1, 1998, you filed a "Notice of Appeal" with the City Clerk on behalf of 14 individuals wherein these individuals sought to appeal the Historic Preservation Commission's approval of a certificate of appropriateness for the addition to 621 S. Summit Street to the City Council. As I have previously stated, it is my opinion that the neighbors do not have the right to appeal the Commission's decision to the City Council. As I indicated when the above-matter was discussed at the City Council meeting on July 7, 1998, there will be a proposed resolution on the Council's July 28 agenda wherein the Council declines to consider the appeal. Please call me if you have any questions. Eleanor M. Dilkes City Attorney CC: James K. Weston, II, Attorney for Gary and Judith Calhoun City Council Scott Kugler, Associate Planner Karin Franklin, PCD Director Steve Atkins, City Manager 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 3~i6-5000 · FAX (319) 356-5009 Prepared by: Karin Franklin, Director, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO, 98-260 RESOLUTION APPROVING THE CALL TO ARTISTS AND THE BUDGET FOR THE PUBLIC ART COMPONENT OF THE WATER FEATURE TO BE INCLUDED IN THE DOWNTOWN STREETSCAPE IMPROVEMENTS ON THE PEDESTRIAN MALL. WHEREAS, the Iowa City Public Art Program Acquisition Procedures provide for City Council consideration of each "Call to Artists" and project budget; and WHEREAS, the Public Art Advisory Committee has selected the water feature or fountain in the Downtown Streetscape Project as the primary public art project for FY99; and WHEREAS, the Public Art Advisory Committee has developed a "Call to Artists" and a proposed budget for said project; and WHEREAS, the Public Art Advisory Committee, at their meeting on July 16, 1998, recommended approval of same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Call to Artists and Project Budget, attached herewith, for the water feature in the Downtown Streetscape are hereby approved. Passed and approved this 28th A'I'FEST:C~ ~. day of J u 1 y ,1998. City Attorney's Office ppddir~es\water. doc Resolution No. 98-260 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman , Norton ' O'Donnell Thornberry Vanderhoef CALL TO ARTISTS The Public Art Advisory Committee of the City of Iowa City is pleased to invite artists from Iowa, Illinois, Wisconsin, Minnesota, South Dakota, Nebraska and Missouri to submit slides and portfolio materials to be considered for design and construction of a WATER FEATURE in Phase II of the Downtown Streetscape Construction Project, a 3-year, $2.3 million renovation of the pedestrian mall and downtown area. DEADLINE for submission is September 15, 1998. (Please see Submission Requirements below.) , Project: WATER FEATURE Location: City Plaza at the intersection of Dubuque and College Streets, Iowa City, IA Tasks: Design of Water Feature and Participation in the Fabrication and Installation of the Art Component Background and Site Description: Located at the heart of Iowa City, a new water feature will grace City Plaza near the intersection of Dubuque and College Streets in an outdoor pedestrian mall. In this park-like setting, pedestrians gather for shopping, dining, art fairs, performances and various recreational activities. During the summer months music is performed every Friday night near the fountain (water feature). During the day people shop and attend to business in the garden park of central downtown Iowa City. Iowa City and surrounding communities have a population 90,000. Iowa City is home to the University of Iowa. The university community is composed of 60,000 people from all over the United States and 100 countries. This small international city is surrounded by mid-western prairie land and laced with rivers and streams. The Iowa River borders the downtown. Project Goals: 1. To create a spectacle which inspires and delights 2. To create a pavement and jet-style composition 3. To conceptually illustrate labyrinths, compasses weather, direction and/or time, or other appropriate themes Parameters for Water Feature: Dimensions of site: footprint - approx. 48'x48' (see attached map), height (for water element) 10' max. · Materials should be durable; sensitive to Midwestern weather; as vandal proof as possible; and easy to maintain. · Feature should be interactive and safe. · Desire flexibility in use (water may be turned off and area used for activity). · Feature should be effective with or without water (e.g. off-season or during other activities). · Lighting as part of the artistic element is possible. · No music or sound other than water should be included. · Overspray from feature should not inhibit use of surrounding sections of the pedestrian mall. · Variable heights in water jets are acceptable. · Depending on the final site location, construction should support the weight of a fire truck (70,000 Ibs.). , · Ability to work with the streetscape engineer, other design consultants, and fabricators is essential. · Experience with fountains is preferred but not required. Project Budget: (Attached) Streetscape Map: (Attached) Selection Process: Submitted materials will be reviewed by the Artist Selection Panel for the City of Iowa City comprised of arts professionals, the Public Art Advisory Committee and community representatives. Following the initial review, 2-3 semi-finalists will be asked to submit more detailed proposals for this project. Semi-finalists will be brought to Iowa City and paid an honorarium and travel expenses. Eligibility: 1. All professional artists living in the state of Iowa and the contiguous states of Wisconsin, Minnesota, Illinois, Nebraska, Missouri, and South Dakota who work in two or three-dimensional media including integrated works. Priority will be given to artists experienced with integrated infrastructure projects using pavement art and jet style water features. Artists must be able to work with engineers and an established design team to insure safety and functionality. The City of Iowa City does not 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. 3 Submission Materials: 1, One set of 10, 35mm slides in clear plastic sheet labeled with: a. Name of Artist b. Number, to correspond with Annotated Slide List c. Red dot in Lower Left Corner d. Date e. Title Annotated Slide List a. name b. number of each slide c. title d. media e. dimensions f. date g. descriptive notes where applicable, including location and budget 3. Resume (10 copies) 4. Collections List (10 copies) 5. Two References: Name, Title, Address, Phone, E-mail (10 copies) = Letter of Interest: (One page maximum) Outline of preliminary ideas, and any background information that would support the artist's qualifications for the project. It is emphasized that specific proposals are not requested and will not be reviewed at this time. (10 copies) Submission Deadline and Project Schedule: Submittals should be received by 5:00 p.m. September 15, 1998 at: Department of Planning & Community Development 410 E. Washington Street Iowa City, IA 52240 During the weeks of September 21 to October 2, submittals will be reviewed by the Public Art Advisory Committee and the Artist Selection Panel. Two or three semi-finalists should be selected by October 5. CONTACT: Karin Franklin, Director Iowa City Department of Planning and Community Development 319-356-5230 ppdiAartrel.doc DOWNTOWN STREETSCAPE WATER FEATURE PROPOSED BUDGET FY99 Honorarium for semi-finalists ($300/finalist--2 to 3 finalists) Travel expenses for semi-finalists Award for design Materials & fabrication of art component Administration & contingency TOTAL $ 900 750 10,500 59,500 3,350 $75,000 Assumes relocation of existing fountain and installation of all water lines and jets are part of basic fountain line item in streetscape budget. PAAC APPROVAL: CITY COUNCIL APPROVAL: jul.,v 28, :~998 paffnbud \ f \ CITY PLAZA \ / \ E \ ,,,, ,/ f t o,_, / \ / · \ } IOWA CITY DOWNTOWN STREETSCAPE WATER FEATURE Af~EA PLAN 1", 20' MAXIMUM PUBUC ART / WA'E:R FEATURE AREA APPROXIMATELY 48 Fr X 48 Fr APPROXIMATELY 400 SQUARE FEET ffJd'//'/'d~"t"E'~ 20 FT. X 20 FT · / O.:, / \ / CITY PLAZA / \ HOLlDAY INN Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 98-261 CONSIDER A RESOLUTION AUTHORIZING FUNDING FOR THE CONSTRUCTION OF AN AIRPORT TAXIWAY AND RAMP ON AIRPORT PROPERTY TO BE LEASED TO IOWA JET SERVICES, INC. WHEREAS, Iowa Jet Services, Inc. ("IJS") has submitted an application to become a fixed base operator at the Iowa City Municipal Airport; and, WHEREAS, IJS has requested to lease property at the Airport in order to construct a hangar facility estimated to cost $2,300,000 from which it will conduct commercial aeronautical activities; and, WHEREAS, IJS has proposed to enter into a lease with the Iowa City Airport Commission in which the hangar facility would become the property of the Airport at the end of the lease; and, WHEREAS, IJS and the Iowa City Airport Commission are negotiating a lease to rent IJS property located in what is commonly known as the "north commercial area" of the Airport; and WHEREAS, IJS has requested that the City of Iowa City pay the cost of constructing an airport taxiway and ramp to said hangar facility on the basis that it would not have incurred such costs to the same extent if it had been able to locate its hangar facility near the Airport Terminal Building where the other commercial aeronautical businesses at the Airport are located; and WHEREAS, the airport taxiway and ramp would remain the property of the Airport; and WHEREAS, the cost of constructing the airport taxiway and ramp is estimated at $250,000; and WHEREAS, IJS anticipates employing 25 to 35 people at said hangar facility with an annual payroll exceeding $1,000,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: It is in the public interest to use city funds to pay for the cost of constructing an airport taxiway and ramp on Airport property to be leased to Iowa Jet Services provided that Iowa Jet Services constructs the aforementioned hangar facility on said property in order to conduct commercial aeronautical services at the Airport. If the Iowa City Airport Commission enters into a property lease and fixed base operator's lease with Iowa Jet Services and is obligated thereunder to construct said airport taxiway and ramp and Iowa Jet Services is obligated thereunder to construct the aforementioned hangar facility, then an interdepartmental loan to the Airport in an amount not to exceed $300,000 to pay for the cost of constructing said airport taxiway and ramp is hereby approved. Resolution No. 98-261 Page 2 Passed and approved this 28th ATTEST:Ci'~~RK ~. ~ day of July ,1998. A~.b.~~ City Attorneys Office It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: X X Thornberry the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 {31 9) 356-5030 RESOLUTION NO. CON E!ETR~~ A RESOLUTION AUTHORIZING FUNr FOR THE CONST CTION OF AN AIRPORT TAXIWAY AND ON AIRPORT PRO O BE LEASED TO IOWA JET SERVICES. WHEREAS, Iowa Jet ~ervices, Inc. ("IJS") has submitted an ~lication to become a fixed base operator at the Iowa Cit~.,Municipal Airport; and, WHEREAS, IJS has requ~'s~ted to lease property at th~ in order to construct a hangar facility estimated to cost $2,300,000 from which conduct commercial aeronautical activities; and, WHEREAS, IJS has proposed to'enter into a with the Iowa City Airport Commission in which the hangar facility would become the propc of the Airport at the end of the lease; and, WHEREAS, IJS and the Iowa City A~'r, port are negotiating a lease to rent IJS property located in what is commonly known s the "north commercial area" of the Airport; and / WHEREAS, IJS has requested that the C' ~of Iowa City pay the cost of constructing an airport ~t taxiway and ramp to said hangar facility of~ the basis that it would not have incurred such costs to the same extent if it had been able .~o locate its hangar facility near the Airport Terminal Building where the other commercial aeyonautical businesses at the Airport are located; and WHEREAS, the airport taxiway and r,a~np would remain the property of the Airport; and WHEREAS, the cost of constructing/the airport taxiway and ramp is estimated at $250,000; and WHEREAS, IJS anticipates empldying 25 to 35 people at said hangar facility with an annual payroll exceeding $1,000,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: o It is in the public interest to use city funds to pay for the cost of constructing an airport taxiway and ramp on Airport property to be leased to Iowa Jet Services provided that Iowa Jet Services constructs the aforementioned hangar facility on said property in order to conduct commercial aeronautical services at the Airport. If the Iowa City Airport Commission enters into a property lease and fixed base operator's ilease with Iowa Jet Services and is obligated thereunder to construct said airport taxiway and ramp and Iowa Jet Services is obligated thereunder to construct the aforementioned hangar facility, then the use of up to $300,000 in city funds to pay for the cost of constructing said airport taxiway and ramp is hereby approved. Resolution No. Page 2 Passed and approved this day of ,1998. ATTEST: ~,~ CITY CLERK M,kYOR / / / / / / / It was moved by "\\, /and seconded by adopted, and upon roll call there were, AYES: /~1,~,'%/\S: ffi C'ty o ey's O ~ce the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM TO: From: Date: The Honorable Mayor Ernest Lehman and Members of the City Council Dennis Mitchell, Assistant City Attorney ~ July 23, 1998 IRe: Update on Negotiations with Iowa Jet Services Iowa Jet Services, Inc. ("IJS") would like to lease property from the Airport for the purpose of constructing a hangar and conducting commercial aeronautical services as a fixed base operator. IJS originally indicated a desire to construct their hangar near the Airport Terminal Building. However, it is not possible for the Airport Commission to lease IJS sufficient property near the Airport Terminal Building because of the Airport's lease obligations with the current fixed based operator. As a result, the Airport Commission and IJS have been negotiating a lease for property in the north commercial area of the Airport. IJS has indicated that they would like to start construction by the end of July. Two of the principal issues remaining between the City and Iowa Jet Services ("IJS") concern the cost of constructing an airport taxiway and ramp to the hangar that IJS has proposed to build and the possibility of providing IJS with tax abatement. IJS has requested that the City pay for the cost of constructing the airport taxiway and ramp on the basis that it would not have incurred these costs had it been able to construct its hangar near the terminal building. It is my understanding that although IJS would not have incurred the cost of constructing a taxiway if it had been able to locate near the terminal building, there may have been some costs associated with constructing a ramp. With respect to the issue of tax abatement, IJS requested abatement on the basis that none of the other businesses at the airport currently pay property taxes. However, those other businesses are exempt from property taxes under state law based in part on the fact that the buildings are owned by the airport. At prior work sessions on this issue, the Council indicated it was willing to expend city funds for the cost of the taxi and ramp improvements provided those costs were recovered over the term of the lease. In addition, the Council also indicated some interest in providing IJS with tax abatement provided that IJS completed the City's application for business financial assistance. City staff also indicated we would explore the possibility of receiving financial assistance for this project through the State. IJS has completed the application for business financial assistance. I recently learned that the only financial assistance available through the State is based upon the financial need of the company. It is unlikely that IJS would meet the State's guidelines for financial need. In light of the lack of any financial assistance available through the State, 1 proposed, pending City Council approval, that rather than the City recover the cost of the taxi and ramp improvements over the life of the lease and then provide Iowa Jet Services with tax abatement, that the City pay for the cost of constructing the taxi and ramp in lieu of tax abatement. I believe this represents a fair compromise. At this time we do not know exactly how much it will cost to construct the airport taxi and ramp. We currently estimate this cost to be between $205,000 to $250,000. The reason we do not yet know the exact cost is because we do not know at this time where the road through the north commercial area will be located. The property that we have proposed to lease to IJS is based upon the mad to the north commercial area coming across property currently owned by the Iowa City School District. However, the City has not yet reached an agreement with School District. Because it is unlikely that we will know whether an agreement can be reached between the City and the School District in the near future, we had a new plat drawn showing the road coming in at a location that is fadher south. If it is necessary to locate the road in at this alternate location, it will affect the boundaries of the property the Airport Commission intends to lease to IJS. We just received the new plats yesterday and have not had the opportunity to discuss them with IJS. We will not know exactly where IJS' buildings will be located, and thus the exact cost of constructing the airport taxiway and ramp, until we have reached agreement with IJS on the property to be leased. However, because we are trying to facilitate IJS' construction schedule and because we know the approximate cost of the improvements, I have placed a resolution appreving the use of city funds to construct the airport taxiway and ramp on the agenda. The resolution authorizes the use of up to $300,000 in city funds to pay for the cost of constructing the airport taxiway and ramp provided that the Iowa City Airport Commission enters into a property lease and fixed base operator's lease with Iowa Jet Services and is obligated thereunder to construct the airport taxiway and ramp and Iowa Jet Services is obligated thereunder to construct the hangar facility. I believe that having IJS locate in the north commercial area of the Airport will provide significant benefits to the City. IJS will pay fair market rent for the property they lease and the approximately $2,300,000 hangar they intend to construct will become the property of the Airport at the end of the lease. In addition, the presence of IJS in the north commercial area should help attract other businesses to the area. I will be available at the work session on Monday, July 27, 1998 to answer questions. CC; Eleanor Dilkes, City Attorney Stephen Atkins, City Manager Marian Karr, City Clerk Ron O'Neil, Airport Manager Airport Commission Robert Staib, Iowa Jet Services Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 98-262 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1999 FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salaries are hereby established for the following persons effective July 1, 1998: City Manager - $117,000.00 City Attorney - $74,000.00 City Clerk - $55,000.00 Passed and approved this 28th ATTEST:Ci~LE~RK ,~. day of July ,1998. MAYOR City Attorney's Office It was moved by Norton and seconded by Thornberry adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef clerkVes~salades.doc Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 98-263 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION AND AMENDING THE AFSCME PAY PLAN AND THE ADMINISTRATIVE/CONFIDENTIAL PAY PLAN BY ADDING THE POSITIdN OF CLERICAL ASSISTANT - CABLE TV AND RECLASSIFYING THE POSITION OF PRODUCTION COORDINATOR - BTC TO ADMINISTRATIVE. WHEREAS, Resolution No. 98-95, adopted by the City Council on March 10, 1998, authorized permanent positions in the Cable TV Division for FY99; and WHEREAS, Resolution No. 96-147, adopted by the City Council on May 21, 1996, established a classification/compensation plan for AFSCME employees; and WHEREAS, Resolution No. 96-112, adopted by the City Council on April 23, 1996, established a classification/compensation plan for Administrative/Confidential employees; and WHEREAS, the Production Coordinator position has expanded to include administrative and supervisory responsibilities; and WHEREAS, the Clerical Assistant - Cable TV position has become essential to the efficient operation of the Cable Division. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The budgeted positions in the Cable TV Division be amended by: a. The addition of one part-time (.50) Clerical Assistant - Cable TV. 2. The AFSCME pay plan be amended by: a. The addition of the position of Clerical Assistant - Cable TV, grade 3. b. The deletion of the position of Production Coordinator - BTC, grade 11. 3. The Administrative/Confidential pay plan be amended by: a. The addition of the position of Production Coordinator, grade 26. Passed and approved this 28th humanrelVes'~,able98.doc day of July MAYOR ,1998. Approved by City Attorneys ~ce / Resolution No. 98-263 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: To: From: Re: July 23, 1998 City Council Assistant City Manager / Cable TV Division: Reclassification of Production Coordinator and Addition of Half-Time Clerical Position Your agenda includes a resolution to reclassify the position of Production Coordinator-Cable TV from range 11 of the AFSCME bargaining unit pay plan to administrative pay grade 26. Over the years, as the Cable TV Division has expanded its activities, more responsibility for supervision of staff has come to rest on the Production Coordinator. This position now directly supervises the Production Assistant and the Community Programmer, along with a number of temporary employees. Expanded duties include participation in employee selection, in evaluation of employee performance, and disciplinary actions. In addition, it is desirable to have this position responsible for the overall division operation in the absence of the Cable TV Administrator. Therefore, we have concluded, and the Union has agreed, that this position has evolved to meet the criteria for exemption from the bargaining unit under Iowa law, and that it should be reclassified to an administrative position. Future increased annual cost of this reclassification is estimated at $1400. The same resolution also creates the half-time position of Clerical Assistant - Cable TV in pay range 3 of the AFSCME pay plan. The Division has in the past gotten clerical assistance from a temporary employee. A half-time position is needed to provide appropriate support based on the growth and variety of functions now undertaken by the Cable TV Division (government access, community programming, InfoVision, and franchise administration). The approximate cost of this position will be $12,000, including new benefits, for the first year. This represents an increase of $4,000 over the cost of clerical support provided by a temporary employee for 16-18 hours per week. Additional funding for these changes is available from Cable Franchise Fee revenues. Im\mem\dh7-21 .doc