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HomeMy WebLinkAbout1999-07-27 Resolution Council Member Vanderhoef introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Champ i on seconded the motion to adopt. The roll was called and the vote was, A~ES: Norton. 0'Donnell. Thornberry, Vanderhoef, Champion, Kubby NAYS: Nnn~ Whereupon, the Mayor declared the resolution duly adopted as follows: Resol uti on No. 99-248 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out ageneral corporate purpose project as hereinafier described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -6- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clock p.M., on the 241h day of A,aguqt ,1999, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of acquiring land, designing and constructing a mixed use parking facility and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -7- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS. Public notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 24t~ day of August, 1999. at 7 o'clock p.m., in the Council Chambers, Civic Center. Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds. beadng interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of acquiring land, designing and constructing a mixed use parking facility. This notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa.' Dated at Iowa City, Iowa, this 6th day of August ,1999. Ci~l~rk of Iowa City, Iowa PASSED AND APPROVED this 271h day of July .1999. ATTEST: CityC~~ ~' Mayor Pr~ tern SBROWNX193959\1\10714051 -9- Council Member Vanderhoef introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $3,000,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Champi on seconded the motion to adopt. The roll was called and the vote was, A~q~S: Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 99-249 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $3,000,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereina~er described; and, it is deemed necessary and advisable that said City should issue Parking System Revenue Bonds to the amount of $3,000,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, it is proposed that the City fund its costs on an interim basis by the issuance of Project Notes under Section 76.13 of the City Code of Iowa anticipating in part the future receipt of the proceeds of the issuance of said Parking System Revenue Bonds; and WHEREAS, before said bonds may be issued and in order to anticipate the proceeds thereof by the issuance of Project Notes, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center at Iowa City, Iowa, at 7:00 o'clock_p_.M., on the 241h dayof August , 1999, for the purpose of taking action on the matter of the issuance of $3,000,000 Parking System Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of extending, improving and equipping the parking facilities system of the City, including the construction of a multi-level facility for the parking of vehicles to be located at or near the south side of Iowa Avenue between Linn Street and Gilbert Street. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this governing body. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $3,000,000 PARKING SYSTEM REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF. PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 24t" day of August, 1999, at 7 o'clock p.m., in the Council Chambers, Civic Center, in Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Coundl thereafter as posted by the City Clerk, at which meeting the City Council proposes to take additional action for the issuance of $3,000,000 Parking System Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Parking System. Said bonds are proposed to be issued for the purpose of paying costs of extending, improving and equipping the parking facilities system of the City, including the construction of a multilevel facility for the parking of vehicles to be located at or near the south side of Iowa Avenue between Linn Street and Gilbert Street. The proceeds of the Parking System Revenue bonds may be applied to pay project costs directly or to pay interim project notes which the City will issue in the approximate amount of $3,000,000 in anticipation of the future receipt of funds or bond proceeds applicable to the foregoing project and purposes. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section us6t Dated this , 1999. City, Iowa PASSED AND APPROVED this 27th day of .hjly ,1999. ATTEST: -5- 07-27-99 ~ 3d(4) Prepared by: Jim Schoenfelder, Architect, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 99-250 - CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE CHAUNCEY SWAN FOUNTAIN PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 24th day of August, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk· o That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 27th AI'I'EST: i~ER~K · CI day of July ,1999. MAYOR Pr6.: fern Approved by City Attorney's Office pwengVes~fountaind .doc Resolution No. 99-250 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Champion theResolution be AYES: NAYS: ABSENT: X X X .X × X Champion Kub.bY Lehman Norton O'Donnell Thornberry Vanderhoef 07-27-99 3d(5) Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 99-251 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE JOHNSON STREET SANITARY SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 24m day of August, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public headng for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 27 th CITY'CLERK day of J u 1 y ,1999. MAYOR PE6~; City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: X X NAYS: X X X- X pwengVes%johnson.doc Champion the Resolution be ABSENT: Champion Kubby X Lehman Norton O'Donnell Thomberry Vanderhoef Prepared by:Chuck Schmadeke, PW Director, 410 E. Washington St., Iowa City, IA 522,40, (319)356-5141 RESOLUTION NO. 99-252 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOCCER FIELD SANITARY SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 24th day of August, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days - before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed ATTEST: and approved this 27 th day of C~] ~' ~ E July ,1999. MAYOR PrS'fe~ "Approv City Attorney's Office pwengVes~occer. doc Resolution No. 99-252 Page ~ It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: Champion Kub.by X Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Jeff Davidson, TransporLation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 99-253 RESOLUTION AUTHORIZING A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND JOHNSON COUNTY SEATS FOR THE LEASE OF PARATRANSIT VEHICLES TO BE OPERATED WITHIN IOWA CITY, AND RESCINDING RESOLUTION NO. 99-164. WHEREAS, the City of Iowa City desires to provide lift equipped complimentary paratransit service in accordance with the JCCOG Complimentary Paratransit Plan; and WHEREAS, the City of Iowa City has entered into an agreement with Johnson County SEATS dated April 13, 1998 in order to provide the desired complimentary paratransit service; and WHEREAS, the City of Iowa City is willing to lease vehicles to provide such service; and WHEREAS, Resolution No. 99-164 which enabled the lease of 11 paratransit vehicles should now be rescinded and replaced with this resolution to lease 10 paratransit vehicles. 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 vehicle lease agreement between the City of Iowa City and Johnson County SEATS. 2. The vehicle lease 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). Passed and approved this 27th day of Ju].,v ,1999. MAYOR pF~.t~'r~ .... Approved by iccogadmVes~seats2. ic.doc Resolution No. 99-253 page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion K.h..bv X Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5252 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY SEATS FOR THE LEASE OF PARATRANSIT VEHICLES TO BE OPERATED WITHIN IOWA CITY This agreement made effective the ~'2 day of ,~,ly, I~' by and between the City of Iowa City, Iowa, hereinafter referred to as 'the CITY"; and Johnson County SEATS, hereinafter referred to as 'SEATS ". WITNESSETH: WHEREAS, the CITY desires to provide lift equipped complementary paratransit service in accordance with the JCCOG Complementary Paratransit Plan; and WHEREAS, the CITY is willing to lease vehicles to provide such service; and WHEREAS, the CITY has entered into an agreement with SEATS dated April 13, 1998 in order to provide the desired complementary paratransit service; and WHEREAS, the purpose of this agreement is to state the terms and conditions as to the manner in which vehicles will be leased, maintained and operated in the provision of complementary paratransit service. NOW, THEREFORE, in consideration of the mutual promises and representations contained herein, the parties hereto agree as follows: 1. Vehicles to be leased and lease amount. The CITY does hereby agree to lease to SEATS the following vehicles in accordance with the requirements of this agreement: ID# 133 135 138 139 220 221 222 223 Description 1993 Allan Ashley 1993 Allan Ashley 1993 Ford Eldorado 1993 Ford Eldorado 1995 Ford Eldorado 1995 Ford Eldorado 1996 Ford Supreme* 1996 Ford Supreme* VIN 1 FTJS34H 1 PHA86107 1FTJS34HgPHB01761 1FDKE37G9PH813046 1FDKE37GOPH813047 1FDKE30G7SHB83843 1FDKE30G7SHB83860 1FDKE30GgSHC08659 1FDKE30GgSHC02943 2 ID# Description VIN 225 1996 Ford Supreme* 1FDKE30G7SHC02939 226 1996 Ford Supreme* 1FDKE30G5SHC02938 for the annual sum of $1.00 commencing on the effective date of this agreement. This lease shall go into effect with respect to each vehicle denoted by an asterisk above, only after appropriate FTA grant revisions and revisions to each respective agreement between the Iowa DOT and the CITY that is a party to this lease have been duly approved and officially executed. Compliance with statutes, ordinances, and re~lulations. The vehicles being leased herein have been obtained pursuant to certain financial assistance grants from the Federal Transit Administration through the Iowa Department of Transportation. SEATS shall, in the performance of this agreement, comply with applicable federal, state and local statutes, ordinances, and regulations applicable to this agreement and the work done hereunder. The paratransit vehicles and drivers must comply with all applicable local, state and federal laws, rules, regulations and safety standards. Vehicle operations. It is agreed that the vehicles provided to SEATS shall be used by SEATS exclusively to provide transportation for persons who have been certified in accordance with the provisions of the Ameri'cans with Disabilities Act or Johnson County for paratransit service. In the event SEATS fails to operate the vehicles as provided herein, or otherwise defaults on the terms of this agreement, the CITY shall have the right to immediately terminate this agreement in whole or in part and enter the premises of SEATS to take possession of the vehicles. The CITY shall retain the right to use the vehicles in mass transportation service when not being operated by SEATS under the terms of the April 13, 1998 agreement. The CITY agrees to reimburse SEATS, at a rate of twenty cents ($.20) per mile and refuel the vehicles before returning them to SEATS, when using the vehicles in mass transportation service not operated under the terms of the April 13, 1998 agreement. Term of the Agreement. The term of this agreement shall begin on the effective date of this agreement and end effective with the termination of the April 13, 1998 agreement, but may be extended by mutual agreement of both parties. Termination. This agreement may be terminated by written notification of either party upon 30 days notice. Termination of the April 13, 1998 agreement between the CITY and SEATS will also cause termination of this lease agreement. Disposal of vehicles. SEATS agrees that it will not sublet of otherwise dispose of the vehicles listed in paragraph one without the prior written approval of the City. Relationship between the CITY and SEA TS. The relationship of SEATS to the CITY shall be that of independent contractor. No partnership, association, or 10. 11. 12. 3 joint enterprise shall arise between the parties hereto as a result of any of the provisions of this agreement, nor shall any provision herein be construed as making any employee of SEATS an employee of the CITY. Cleaning and storage of vehicles. SEATS shall clean the vehicles inside and out on a regularly scheduled basis to maintain a neat and clean appearance. The vehicles will be stored nightly at a location provided by SEATS. Maintenance of vehicles. SEATS shall be responsible for obtaining and maintaining a maintenance agreement approved by the CITY for preventative maintenance and repairs. Preventative maintenance shall be' carried out at 3,000-mile intervals. SEATS shall be responsible for assuring that vehicles are maintained according to the standards of safety and reliability applied to all CITY vehicles which include but are not limited to the following: Body interior. No sign or advertising material will be permitted on or in a vehicle without the prior approval of the CITY with the exception of ~'no smoking "signs. Body exterior. No modifications will be made to the exterior of a vehicle or the paint scheme without prior approval of the CITY. Inspection. Vehicles will be a{zailable periodically for inspection by the CITY to insure that the above stipulations are being adhered to. SEATS agrees by acceptance hereof that all vehicles operated under this agreement are in good operating order, repair and appearance and, at the expiration or termination of this lease, to return all vehicles to the CITY in the same operating condition, repair and appearance as when received (reasonable wear and tear excepted), and shall pay for any repairs necessary to restore the vehicle to its original condition, less reasonable wear and tear. Maintenance, audit and inspection of operating records. SEATS will maintain all records and supporting documentation pertaining to this agreement, and will make these records available at its office at reasonable times during the agreement period. Such records will be made available for inspection by the CITY and the Iowa Department of Transportation or by another authorized representative of the CITY or the Iowa Department of Transportation, and copies thereof shall be furnished to them if requested. Operator requirements. SEATS shall provide qualified drivers, with proper State of Iowa driver' s license and CDL endorsement. Insurance. SEATS shall maintain auto liability, collision and comprehensive insurance on the leased vehicles, for the term of the April 13, 1998 agreement. SEATS will maintain a minimum limit of $1,000,000 for the first ten (10) passengers, and a minimum limit of $2,000,000 for more than ten (10) passengers. SEATS will name the CITY as an additional insured. SEATS will also maintain ~1,000,000 of general liability insurance. Upon request from the CITY, SEATS shall furnish to the CITY certified copies of any insurance policies pertaining to this agreement. 4 13. Damage to vehicle. SEATS agrees that it will, in the event of damage to a vehicle not covered by insurance, repair or pay the expense of repairing the vehicle to its prior condition, except for normal wear and tear unless said damage was caused while being used for mass transportation and not operated by SEATS under the terms of the April 13, 1998 paratransit agreement. 14. Federal, state and local laws, rules and regulations. This agreement shall be governed by' federal, state and local laws, rules and regulations, and the charters of the respective parties insofar aS the same are applicable. The parties hereby agree to abide by all applicable laws, ruJ'~s, regulations and charter provisions in the performance of this agreement. 15. Changes to agreement. Neither party may assign or sublet any of its interests, rights or obligations hereunder without the prior written approval of the other party. No material modifications may be made in this agreement except as mutually agreed in writing and authorized by the City and SEATS. In witness whereof the parties have set their hands thereto as to the date shown. CITY OF IOWA CITY JO COUNTY EATS Attest: Date: jccogadm\vehlease.doc Appr0ved By City Attomey's Office CHESTER J. CULVER IOWA SECRETARY OF STATE HOOVER BUILDING, 2ND FLOOR DEs MOXNES, IOWA 50319 September 8, 1999 Marian K Karr City of Iowa City 410 E Washington St Iowa City IA 52240-1826 RE: Filing of 28E Agreement between the City of Iowa city and the County of Johnson Dear Ms. Karr : We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of September 8, 1999 Sincerely, Chester J. Culver Secretary of State CJC/klw Enclosures TEl, (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us 07-27-99 3e(2) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-254 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING TWO RENTAL REHABILITATION LIENS FOR THE PROPERTY LOCATED AT 915 SECOND AVENUE, IOWA CITY, IOWA WHEREAS, on January 19, 1989, the owners of 915 Second Avenue executed a Rental Rehabilitation Lien in the form of a ten-year depreciation loan through the City's Rental Rehabilitation Program for the amount of $8,500; and WHEREAS, on April 29, 1989, the' owners executed another Rental Rehabilitation Lien also in the form of a ten-year depreciation loan for the amount of $3,400; and WHEREAS, these documents created a lien against the property; and WHEREAS, the terms of the liens were satisfied on July 19, 1999; thus WHEREAS, the liens need 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 properly located at 915 Second Avenue, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on February 1, 1989 Book 1045, Page 220 through Page 222 and from the lien recorded on May 8, 1989 Book 1057, Page 376 through Page 378 of the Johnson County Recorder's Office. Passed and approved this 27 th ATTEST:CIT~E~~K IT day of July ,1999. MAYOR Approved by City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X ppdcdbglres/915second.doc Champ'i on the Resolution be ABSENT: Champion Kubby X 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 915 Second Avenue, Iowa City, Iowa, and legally described as follows: The South 50 feet of Lot One (1) and the South 50 feet of the East 40 feet of Lot Two (2), in Block 15 in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof from an obligation of the owners, Clifford and Mabel G Waiters, to the City of Iowa City in the amount of $11,900 represented by two Rental Rehabilitation Liens recorded on February 1, 1989 in Book 1045, Page 220 through Page 222 and recorded on May 8, 1989 in Book 1057, Page 376 through Page 378 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. ATTEST: CITY'~E%~K/~' ~'~ ') Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ 7 ~L day of J""~/, , A.D. 19 99 , before me, the under- signed, a Notary Public in and for sZd County, in said State, personally appeared-ba.~,~ ~'T/,c. r rd3<¢-' and Marian K. Karr, to me personally known, who being by me duly sworn, did say that t~ey 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. '29- Z51/, adopted by the City Council on the Z'~ +/'day cy4' 3'~( ,19 79 and that the said C)et~n ,- ,t b_,~,~ and Marian K. Karr as such o'f~icers acknowledged the execution of said instrument to be the voluntary act.and deed of said corporation, by it and by them voluntarily executed. ppdcdbg/915second.doc Notary Public in and for Johnson County, Iowa p - , Prepared by: Sarah E. Holecek, First Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 99-255 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A WATERMAIN EASEMENT AGREEMENT FOR LOUIS CONDOMINIUMS, IOWA CITY, IOWA WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, the Developer submitted a development plan for the area known as Louis Condominiums, Iowa City, Iowa, and under said plat and plan, infrastructure was installed to service the structures within the development; and WHEREAS, during the installation of said infrastructure, it was discovered that additional water main was required and thus an additional easement area is required to track the actual installation of the utility; and WHEREAS, City staff has approved the location of the proposed watermain as well as the associated easement agreement; and WHEREAS, the easement agreement requires City Council approval and the execution of the same is in the public interest of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Watermain Easement Agreement for Louis Condominiums, located on West Foster Road, Iowa City, Iowa. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at the expense of H & O, L.C.. H & O, L.C. shall amend the mylar plat of the development to reflect this additional easement, Passed and approved this 27th day of July , 1999. MAYOR P,~'~Li['~ ATTEST: ~ER~K~ c:/IJ~ Resolution No. 99-255 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kub.bY X Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 99-256 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT BASIN EASEMENT AGREEMENT FOR LOT 2, B.D.I. SECOND ADDITION, IOWA CITY, IOWA WHEREAS, during redevelopment of Lot 2 within B.D.I. Second Addition, Iowa City, Iowa, it was noted that no easement agreement was obtained for the stormwater detention basin originally designed and installed with the initial development of the lot; and WHEREAS, City staff approved the proposed redevelopment of the lot subject to the property owners entering into a Stormwater Management Basin Easement Agreement to preserve the integrity of the stormwater management system in the future; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Stormwater Management Basin Easement Agreement for Lot 2, B.D.I. Second Addition, Iowa City, Iowa. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at the expense of Michael and Helen Rittenmeyer. Passed and approved this 27th day of July ,1999. P MAYO R _ ..~E',~ l~"~ ATTEST: Resolution No. 99-256 Page 2 It was moved by Vande~'hoef and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: Champion Kub,by X Lehman Norton O'Donnell Thornberry Vanderhoef 3e(5) Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 99-257 RESOLUTION ACCEPTING THE DEDICATION OF OUTLOT BTO THE CITY OF IOWA CITY AS PLATTED IN WINDSOR RIDGE PARTS ONE, TWO, FOUR, FIVE, SEVEN AND EIGHT, IOWA CITY, IOWA AND DECLARING THE AREA OPEN FOR PUBLIC USE WHEREAS, The Developer's agreements for Windsor Ridge Parts One, Two, Four, Five, Seven and Eight contemplated the dedication of Outlot B to the City of Iowa City for public use upon completion of construction on 90% of the lots surrounding the outlot as well as upon the installation of ADA compliant walkways, landscaping and groundcover within the area; and WHEREAS, these requirements have now been fulfilled by the developer; and WHEREAS, the Director of the Parks and Recreation Department now recommends acceptance of the dedication as being in the public interest; and WHEREAS, it is in the public interest to provide public open space and other public recreational amenities within the City, and the acceptance of Outlot B, Windsor Ridge, is in the public interest as it will allow the area to be used by the public for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council of Iowa City, Iowa finds it is in the public interest to accept the dedication of Outlot B, Windsor Ridge Parts One, Two, Four, Five, Seven and Eight, and the same is hereby accepted by the City of Iowa City, Iowa and the area is hereby declared open for public use. Passed and approved this 27th PrOYed~g~e~, day of July ,1999. MAYOR Resolution No. 99-257 Page 2 It was moved by Vande rhoef and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: X X X X Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 99-258 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART NINE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Windsor Ridge - Part Nine, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Windsor Ridge - Part Nine, 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 27th ATTEST:Ci~ER~-'-~~K '~- It was moved by Vanderhoef and upon roll call thero were: AYES: X X X × pweng/resANindso~.doc day of J u "1 y ,1999. "~--_ ~r~~,_~_ MAYOR and seconded by Champion the Resolution be adopted, NAYS: X ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ENGINEER'S REPORT i '~ z July 15, 1999 Honorable Mayor and City Council Iowa City, IA Re: Windsor Ridge - Part Nine Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Windsor Ridge - Part Nine 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, storm sewer, and water main 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. Sincer%l~,~~ Ri~cha'~rd/A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (3191 356-5009 Prepared by: Terry Trueblood, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 99-259 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF SCANLON GYMNASIUM IN MERCER PARK. WHEREAS, the Parks and Recreation Department has recommended that the work for construction of the ScanIon Gymnasium, as included in a contract between the City of Iowa City and Selzer Werderitsch Construction of Iowa City, dated Apdl 28, 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 27 th day of ,]u]y ,1999. ATTEST: Ci T~~~..~ 2~- '~~ City Attorney's Office It was moved by Vander'hoef and seconded by adopted, and upon roll call there were: Champion AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef parks/res/scanlon3.doc I07-27-99 5h Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF SCOTT BOULEVARD EAST, PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Plum Grove Acres, Inc., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Scott Boulevard East, Part 4; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Scott Boulevard East, Part 4, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this day of , 1999. ATTEST: CITY CLERK ppdadmin/res/scottpre,doc MAYOR STAFF REPORT To: Planning and Zoning Commission Item: SUB99-0015. Scott Boulevard East, Pt Four Preliminary 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: Prepared by: Scott Kugler Date: July 15, 1999 Plum Grove Acres 834 N. Johnson Street Iowa City, Iowa 52240 Phone: 338-1365 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a 15-lot subdivision residential North terminus of Scott Park Drive 7.36 acres Vacant, RS-5 and RM-12 North: East: South: West: Residential, County RS; Residential, County RS; Residential, RS-5; Undeveloped, RM-12 and PDH- 8. The plat appears to be in general conformance with the recommendations of the Northeast District Plan. Chapter 14-7, Land Subdivisions June 10,1999 July 25, 1999 2 BACKGROUND INFORMATION: The applicant, Plum Grove Acres, is requesting a preliminary plat of Scott Boulevard East, Part Four, a 7.36 acre, 15-lot residential subdivision located at the north terminus of Scott Park Drive. This property was recently the subject of an annexation and rezoning request that included the submittal of a concept plan. The preliminary plat generally conforms with the concept plan. Lots 81, 82 and 83 are zoned RM-12, Low Density Multi-Family Residential, and the rest of the lots are zoned RS-5, Low Density Single-Family Residential. Those zoning decisions have already been approved by the City Council. The rezoning of this area was subject to a conditional zoning agreement, requiring that a tree protection plan and pedestrian walkway provisions on lots 79 and/or 80 be incorporated into the preliminary plat. ANALYSIS: The preliminary plat is in general conformance with the City's subdivision regulations, with a few exceptions as noted under deficiencies and discrepancies below. Also, Public Works is still reviewing recent revisions to the plat. Staff recommends deferral until these this review is complete and all deficiencies are resolved. A grading plan has been submitted and must be approved prior to City Council consideration of the plat. The plat proposes the construction of a portion of Scott Park Drive, which would connect an existing and a platted portion of Scott Park Drive, creating a through street from Court Street north to Scott Boulevard at Washington Street. In addition, Hummingbird Lane would be reconstructed to City street standards and reconfigured to intersect with Scott Park Drive at a right angle. This general alignment was shown on a concept plan favored by the Commission at the time this property was annexed and rezoned. Hummingbird Lane Street Width: The preliminary plat proposes a 25-foot wide street width for Hummingbird Lane. The Planning staff feels that this street width is appropriate for local streets, This street in particular is a good candidate for a narrower width, given the relatively low density of development along the street. There will likely be very little on-street parking due to the large lot sizes existing and proposed, and this should not be a major cut-through route. Policies contained in both the Comprehensive Plan and the Northeast District Plan suggest that narrower residential streets may be appropriate, However, Public Works recommends that the current City standard of 28 feet be required. The two departments have met to discuss this issue but cannot come to a resolution. Staff feels that it is time for the Commission and City Council to begin looking at a policy issue regarding local street width. The Planning staff (hereinafter, staff) feels that the current standard for a local residential street is excessive. A reduction in the City standard to 25 feet would help to save costs for the development community and result in more aesthetically pleasing and safer residential streets. Staff estimates that about half of our current residential streets in Iowa City are 25 feet or less in width. We have not had complaints or an unusual accident history related to the width of these streets. It appears that there is a fundamental difference in what the two departments feel is appropriate for local streets. Public Works feels that the City should be providing adequate infrastructure to accommodate what we believe to be the 85th percentlie speed on local streets. Based on data that has been collected over time, this speed seems to be around 31 3 or 32 miles per hour (25 mph posted speed limit). Assuming that traffic speeds will be the same on a 28-foot and 25-foot street, their opinion is that the 28-foot wide street better accommodates the 85th percentlie speed and provides more visibility along the roadway. The Planning staff, however, feels that rather than designing for this higher speed, the City should be trying to make streets more livable by designing for reduced speeds that are more consistent with a residential neighborhood. Staff feels that a narrower street does result in motorists driving at a slower speed. In effect, staff is advocating a street design that lowers the 85th percentlie speed to a level more appropriate for a local residential street. If Public Works is correct that wider streets can better accommodate the 85th percentlie speed and are thus safer, then this should be reflected in higher accident rates along the narrower streets. However, a look at local accident data does not indicate that this is the case. In looking at all local residential streets in Iowa City that have experienced three or more accidents since 1997, more than half of these streets were 28 feet in width or wider. There is no evidence to suggest that wider local streets are safer. Staff recommends that the proposed 25-foot street width be accepted for Hummingbird Lane, and that the City consider reducing the standard for all local residential streets from 28 feet down to 25 feet. Pedestrian Walkway: The conditional zoning agreement for this property requires that a 25- foot wide right-of-way or easement be provided on the portion of the property proposed as Lots 79 and 80 to provide for a future trail connection to the east. The location of the right- of-way or easement is to be determined along with the preliminary plat, and is to be accompanied by temporary construction easements as determined to be necessary for the construction of the trail. The preliminary plat includes a 25-foot wide right-of-way and a 5- foot construction easement along the north line of Lot 79. Public Works is evaluating this information to determine whether or not this is adequate for the construction of the walkway. Tree Protection Plan: The conditional zoning agreement also required that a tree protection plan be provided for Lots 79 and 80 at the time of the preliminary plat. A plan was submitted on Friday, July 9, but staff has not had time to fully evaluate it. Staff comments regarding the tree protection plan should be available for either the July 12 informal or the July 15 formal meeting. This plan should be deemed acceptable prior to consideration of the preliminary plat by the Commission. Neighborhood Open Space: The dedication of open space is required for this plat, as per the Neighborhood Open Space Ordinance. The above mentioned pedestrian right-of-way is to be handled as a part of the necessary neighborhood infrastructure, and is not to count toward the neighborhood open space requirements, as noted in the conditional zoning agreement. Staff recommends fees in lieu of the dedication of land. The Parks and Recreation Commission should also comment on this plat prior to City Council consideration. STAFF RECOMMENDATION: Staff recommends that SUB99-0015 be deferred pending the resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends that the request for a preliminary plat of Scott Boulevard East, Part Four, a 7.36 acre, 15-1ot residential subdivision located east of Scott Boulevard at Washington Street, be approved, subject to the approval of a grading plan prior to Council consideration of the plat. DEFICIENCIES AND DISCREPANCIES: 1. The pedestrian right-of-way should be labeled as an outlot with a purpose listed. 2. The legend symbol for proposed curb inlet is inconsistent with the plat. 3. Evaluation of the adequacy of the 5-foot construction easement associated with the trail is not yet complete. 4. Public Works' review of the plat revisions is not yet complete. ATTACHMENTS: 1. Location map. 2. Preliminary plat. 3. Tree protection plan. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development RM1 SITE LOCATION: Scott Boulevard East Part 4 SUB99-0015 LOCATION MAP NOT TO SCALE PRELIMINARY PLAT Scott Boulevard East, Part Four Iowa City, Iowa I~.. .. I~ .... · -'. ~'o "..L~ ....................",.... L-22,76' 76.62' Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF SCOTT BOULEVARD EAST, PART 3, IOWA CITY, IOWA. WHEREAS, the owner, Plum Grove Acres, Inc., filed with the City Clerk the final plat of Scott Boulevard East, Part 3, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the West One-Half of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the Southwest Comer of the Southwest Quarter, of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of said Southwest Quarter, 2045.12 feet; Thence N89°06'58"E, 52.16 feet, to a Point on the Easterly Right-of-Way Line of Scott Boulevard, as presently located, and the POINT OF BEGINNING; Thence continuing N89°06'58"E, 537.69 feet; Thence S00°51'1TE, 414.99 feet; Thence S00°21'18"W, 407.60 feet; Thence Southeasterly, 52.89 feet, along a 272.59 foot radius curve, concave Southwesterly, whose 52.81 foot chord bears S58°56'26"E; Thence S36°37'04"W, 272.59 feet; Thence S89°05'53"W, 64.30 feet, to a Point on the Eastedy Right-of-Way Line of said Scott BouleVard; Thence N23°23'04"W, along said Easterly Right-of-Way Line, 586.84 feet; Thence Northwesterly, 640.41 feet, along said Eastedy Right-of-Way Line, on a 1587.02 foot radius curve, concave Northeasterly, whose 537.80 foot chord bears N13°37'46"W, to the Point of Beginning. Said Tract of land contains 9.50 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; 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 (1999) and all other state and local requirements. Resolution No. Page 2 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 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 day of ,1999. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: NAYS: MAYOR and seconded by the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadmin~res~scottbou .doc STAFF REPORT ~/ To: Planning and Zoning Commission Item: SUB99-001 6o Scott Boulevard East, Pt Three 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: Prepared by: Scott Kugler Date: July 15, 1999 Plum Grove Acres 834 N. Johnson Street Iowa City, Iowa 52240 Phone: 338-1365 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a three-lot residential subdivision East of Scott Boulevard at Washington Street 9.5 acres Vacant, PDH-8 and RM-12 North: East: South: West: Residential, RS-8; Residential, County RS; Vacant, RM-12; Residential, PDH-8. The proposed development generally conforms with the Northeast District Plan. Chapter 14-7, Land Subdivisions July 6, 1999 August 20, 1999 September 4, 1999 2 BACKGROUND INFORMATION: The applicant, Plum Grove Acres, is requesting a final plat of Scott Boulevard East, Part Three, a 9.5 acre, three-lot residential subdivision located east of Scott Boulevard at Washington Street. This property was recently the subject of an annexation and rezoning request. The preliminary plat was approved along with the annexation and rezoning of the property, A senior housing facility has been approved for Lot 68, and Lots 66 and 67 are zoned for low-density multi-family (RM-12) development. Those zoning decisions have already been approved by the City Council. This application involves only the approval of the final plat for this area. ANALYSIS: The final plat appears to be in general compliance with the City's subdivision regulations. Legal papers and construction drawings have been filed and are under review. These items will have to be approved prior to City Council consideration of the plat. The plat proposes the construction of a portion of Scott Park Drive, which will eventually be extended to the southeast to connect to an existing City street with the same name. Because of design changes preferred by the Commission at the time of preliminary approval, this will result in a change of street names as one crosses Scott Boulevard at Washington Street/Scott Park Boulevard. Due to the redesign, this situation will be unavoidable. It must either occur at this intersection, or the name of Scott Park Drive would have to be changed to Washington Street. This would require that only one other occupied residence change its address, but would still result in a name change at an intersection, as Scott Park Drive crosses Court Street, as well. South of Court Street there are several residences with Scott Park Drive addresses. Staff recommends that the name change at the Scott Boulevard intersection be accepted. The rezoning of this property was subject to a conditional zoning agreement that was signed by the applicants and approved by City Council. Conditions include a requirement for a tree protection plan and a pedestrian walkway easement or right-of-way within a portion of Scott Boulevard East, Part Four, and additional landscaping in association with the senior housing development proposed on Lot 68. The additional landscaping is a development plan issue rather than a final plat issue (additional landscaping was added to the plan). Information regarding the pedestrian walkway and the tree protection plan is being reviewed along with the preliminary plat for Part Four. A total of .34 acres of open space is required as a result of this subdivision. As noted during the preliminary plat review, staff recommends that fees in lieu of the dedication of land be required. The fees can be used to assist in the purchase of open space elsewhere in this district as some point in the future. STAFF RECOMMENDATION: Staff recommends that SUB99-0016. a request for a final plat of Scott Boulevard East, Part Three, a 9.5 acre, three-lot residential subdivision location on the east side of Scott Boulevard at Washington Street, be approved, subject to the approval of legal papers and construction drawings prior to City Council approval of the final plat. ATTACHMENTS: 1. Location map. 2. Final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development CITY OF IO~A CITY ST RAVEN ST SITE LOCATION: Scott Boulevard East Part 3 RS 8 RM1 SUB99-0016 PLAT PREPARED BY: OWNER/SUBDIVIDER: OWNERS ATTORNEY: MMS CONSULTANTS INC. Plum Grove Acres, Inc. John D Cruise 1917 S Gilbert Street 834 N Johnson St 920 -q Dubuque St lows City. lows 52240 lows City. la 52240 lows City, lows 52240 319-~1-8P.82 319-338-1385 319-:~1-8181 SCOTT Final Plat BOULEVARD EAST- To Iowa City, Iowa ~ ~ PcintofBegh~ing :~"",-,,,~ 0101145F.dw(:J PART THREE LEGEND AND NOTES · · ' ~~m~e~ Zx,Z Final Plat "M" MM.q C0mULTAKm, IXC.'t~ '~"~' ~ i JoemCly. m (31B)ol-I~ I'[wmc~sz o~s'~T p~u'~NT ~,~COTT BOULEVARD EAST - PART THREE ~ ;;o~m:,~~~ ~ ~" ,.,.~ ../ · $ Iowa City . Iowa ~-' '~x, ~ 7-8-1999 10: 54:55 CS~ Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 99-260 RESOLUTION APPROVING FINAL PLAT OF ABCO FIRST ADDITION, A RESUBDIVISION OF LOT 8, W.B. DEVELOPMENT, A RESUBDIVISION OF LOT 3 OF THE RESUBDIVISION OF LOT 7, W.B. DEVELOPMENT, A RESUBDIVISION OF LOT 4 OF THE RESUBDIVISION OF LOTS 3, 4, 5 AND 6, W.B. DEVELOPMENT, AND A RESUBDIVISION OF LOT 1 OF THE RESUBDIVISION OF OUTLOT A, W.B. DEVELOPMENT, IOWA CITY, IOWA. WHEREAS, the owner, Maxwell Development, filed with the City Clerk the final plat of ABCO First Addition, a Resubdivision of Lot 8, W.B. Development, a Resubdivision of Lot 3 of the Resubdivision of Lot 7, W.B. Development, a Resubdivision of Lots 3, 4, 5 and 6, W.B. Development, and a Resubdivision of Lot 1, of the Resubdivision of Outlot A, W.B. Development, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A Portion of the Southwest Quarter of the Southeast Quarter of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the Southwest Corner of the Southeast Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, Thence N89°'54'22"E, along the South Line of the Southeast Quarter of said Section 20, a distance of 33.00 feet, to the Southwest Corner of W. B. Development, Iowa City, Iowa in accordance with the plat recorded in book 36, at page 118 of the records of the Johnson County Recorder's Office, said point being the Point of Beginning; Thence N00°25'45"E, along the West Line of W. B. Development and the Easterly Right of Way Line of Naples Avenue, 775.63 feet, to the Northwest Corner of Lot 3, of the Resubdivision of Lot 7, W. B. Development, Iowa City, Iowa, in accordance with the plat recorded in book 39, at page 130, of the records of the Johnson County Recorder's Office; Thence S89°34'15"E, along the North Line of said Lot 3 and the North Line of Lot 4, of the Resubdivision of Lots 3, 4, 5 and 6, W. B. Development, Iowa City, Iowa in accordance with the plat recorded in book 39, at page 325, of the records of the Johnson County Recorder's Office, 420.00 feet, to the Northeast Corner of said Lot 4; Thence S00°25'45"W, along the East Line of said Lot 4, a distance of 162.57 feet; Thence N89°34'15"W, along the South Line of said lot, 130.00 feet, to the Northeast Corner of Lot 1, of the Resubdivision of Outlot "A", W. B. Development, Iowa City, Iowa in accordance with the plot recorded in book 38, at page 201, of the records of the Johnson County Recorder's Office; Thence S00°25'45"W, along the East Line of said Lot 1, a distance of 223.06 feet, to a point on the North Line of Lot 8, W. B. Development; Thence S89°34'15"E, along the North Line of said Lot 8, a distance of 356.42 feet, to the Northeast Corner thereof, Thence S00°06'17"E, Resolution No. 99-260 Page 2 along the East Line of said lot, 384.08 feet, to the Southeast Corner thereof; Thence S89°54'22"W, along the South Line of said lot, 650.03 feet, to the Point of beginning. Said tract of land contains 8.81 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) 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. 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. o 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 27th day of July ,1999. MAYOR PF~ "fe~'~ "'A ro..v ppdadminVes~abcoplat.doc Resolution No. 99-260 Page 3 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: 0 ' Donnel 1 the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB99~0017. ABCO First Addition - Final 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: Prepared by: Scott Kugler Date: July 15, 1999 Maxwell Development PO Box 1802 Iowa City, Iowa 52244 Phone: 354-5858 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a five-lot commercial subdivision East side of Naples Avenue at Sierra Court 8.81 acres Commercial and vacant, C1-1 North: East: South: West: Commercial, C1-1; Vacant, C1-1; Agricultural, County RS; Commercial, County CP-2. Intensive Commercial Chapter 14-7, Land Subdivisions June 24, 1999 August 8, 1999 August 23, 1999 BACKGROUND INFORMATION: The applicant, Maxwell Development, is requesting a final plat of ABCO First Addition, a Resubdivision of portions of WB Development, an 8.81 acre, five-lot commercial subdivision located on the east side of Naples Avenue at Sierra Court. The preliminary plat for this property was recently reviewed and approved by the Commission and the City Council. Approval of the plat was subject to the condition that the legal papers associated with the final plat contain a requirement for construction fencing around the critical slopes contained on lot 5 when that lot is developed. ANALYSIS: The final plat appears to be in conformance with the approved preliminary plat for this property and the City's subdivision regulations. However, Public Works has not yet commented on a revised plat submitted on July 9. Staff recommends deferral pending the completion of this review. Legal papers have been submitted and are under review. The subdivider's agreement should contain the above referenced provisions regarding the construction fencing around the critical slope areas of Lot 5. Also, construction drawings are needed for a small section of sanitary sewer proposed to serve Lot 5. Both legal papers and construction drawings will have to be approved by staff prior to City Council consideration of the final plat. As noted during the preliminary plat review, this subdivision involved the shifting of lot lines to bring the property boundaries in the area in line with the development that has taken place or is occurring in the area. In particular, adjustments are being made to bring lot lines in conformance with the development taking place on Lot 3. Although a very confusing property record has been created in this area due to various lot resubdivisions, the proposed plat should help clarify that situation for the Maxwell property, as the new lot lines will better correspond with the development occurring in the area. All of the proposed lots will have access to Sierra Court, and most of them will be addressed off of Sierra Court. However, the location of Sierra Court is not clearly identified on the plat. It should be shown more clearly on the plat. Sanitary Sewer Capacity: At this time, sanitary sewer capacity available to the proposed lots is very limited. The developer of WB Development has indicated that the lift station that serves this area may be upgraded soon to address these capacity issues. In the meantime, the capacity remaining for the undeveloped lots owned by the applicant will preclude the development of many of the uses permitted in the C1-1 zone. However, since this plat involves mainly shifting lot lines rather than creating new lots, approval of this plat will not create a problem that did not already exist. Options available for the applicant for the remaining lots include finding very low-use businesses to locate on the undeveloped parcels, obtaining more of the reserve capacity still controlled by the original developer of the subdivision, or waiting for the upgrade of the lift station and force main. Staff feels that sufficient checks have been put in place to monitor proposed development in the area such that high-use businesses would not be granted a building permit unless sufficient capacity is demonstrated. The recorded agreements that have been put in place to track sewer capacity in this area will have to be amended to reference the lots established by this subdivision. The amended agreements should be reviewed and approved by staff along with the legal papers for this plat. STAFF RECOMMENDATION: Staff recommends that SUB99-0017 be deferred pending the completion of Public Works' review of the plat and the correction of any deficiencies identified. Upon completion of staff review and the correction of deficiencies, staff recommends that the request for a final plat of ABCO First Addition, a Resubdivision of portions of WB Development, an 8.81 acre, five- lot commercial subdivision located on the east side of Naples Avenue at Sierra Court, be approved, subject to the approval of legal papers and construction drawings prior to City Council approval of the plat. DEFICIENCIES AND DISCREPANCIES: Sierra Drive should be clearly shown on the plat and labeled as a private drive and public access easement. Public Works' review is not yet complete. ATTACHMENTS: 1. Location map. 2. Final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development \ 5 CITY OF CITY ' CI 1 CI 1 SITE LOCATION: ABCO First Addition SUB99-001 7 / / / Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 RESOLUTION NO. 99-261 RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS, PART 6, IOWA CITY, IOWA. WHEREAS, the owner, David-Ed Limited, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Galway Hills, Part 6; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Galway Hills, Part 6, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this27th day of July , 1999. MAYOR " ppdadrNres/galway6 .doc Resolution No. 99-261 Page 2 It was moved by Norton and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kub.by Lehman NOrtqn O'Donnell Thornberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB99-0018. Galway Hills, Part Six Preliminary Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: Prepared by: Robert Miklo Date: July 15, 1999 Dav-Ed Ltd. 317 N. Seventh Ave. Iowa City, IA 52245 Phone: 351-5000 Dave Cahill Preliminary plat approval. A 13-lot residential subdivision. South of Galway Drive, west of West High School. 4.82 acres Undeveloped, RS-5 North - Vacant: P East - Vacant; OPDH-8 South- Vacant; RS-5 West- Residential; RS-5 2 to 8 dwelling units per acre June 24, 1999 August 8, 1999 SPECIAL INFORMATION: Public utilities: Public services: City water service is available via a line in Melrose Avenue. Sanitary sewer service will be available from a new line being constructed for Galway Hills Part 5 and the Melrose Retirement Community. Police and fire protection will be provided by the City. Municipal refuse and recycling service will be provided. Transportation: The Hawkeye transit route is the nearest bus service. A bus stop is located approximately ¼ mile east of this subdivision. BACKGROUND INFORMATION: The applicant, Dav-Ed Ltd. has requested approval of the preliminary plat of Galway Hill, Part 6, a 4.82 acre 13-lot subdivision located on the south side of Melrose Avenue west of West High School. The Galway Hills development began in 1991 with the rezoning and platting of portions of Galway Hills, Part One located to the west of this property. The most recent addition to Galway Hills was the rezoning to OPDH-8 and subdivision of part five to allow the development of Melrose Retirement Community and 7 single-family lots on Dublin Drive to the east of this property. ANALYSIS: Subdivision design: The subdivision as submitted generally complies with the subdivision and zoning code. It consists of 13 single-family lots, which range in size from 9,569 square feet to 20,612 square feet. These lots comply with the requirements of the RS-5, Low Density Single-Family Residential zone. Kearney Lane and Kearney Court will provide street access. Lots 132 and 133 back up to Melrose Avenue, an arterial street. The Comprehensive Plan encourages the planting of a landscape buffer in such locations. Staff recommends that a landscape plan be shown on the preliminary plat and that it be installed at the time Kearney Court is built. Sanitary sewer: A sanitary sewer line is proposed for construction to serve the Galway Hills, Part Five subdivision located directly east of this property. The new sewer line will also serve Galway Hills Part Six. There is a tap-on fee of ~2,017 per acre for the Northwest Trunk Sewer ($9,724.06 (4.82 acres x $2,017.44). A water main tap on fee of $1,903.90 (4.82 acres x $395,00/acre) is also required for this subdivision. Storm water management: The storm water management basin for Galway Hills Part Five was designed to management storm water for part six as well. The Public Works Department is currently reviewing the Grading plans. Open space: The Conditional Zoning Agreement for Galway Hills identifies 6 acres of neighborhood open space that will be dedicated in the southern portion of the Galway Hills property. No additional neighborhood open space is required for this subdivision. STAFF RECOMMENDATION: Staff recommends approval of Galway Hills. Part 6; a 13-lot 4.82-acre residential subdivision located on the south side of Melrose Avenue west of West High School subject to a landscape plan and easement on the north side of lots 132 and 133. 3 ATTACHMENTS: 1. Location Map. 2. Preliminary Plat Approved by: ' ~~ Kar' Franklin, Director ~f Planning and Community Development ppdadmin\stfrep\9802rm .doc _ ~ , X MELROSE AVE ,.,~ ~ Willowind C~ -~ L: WEST HIGH SCHOOL · .~//. . ~ P SITE LOCATION: Galway Hills Part Six SUB99-0018 · STANDARD LEGEND AND NOTES '~"~""~ + GALWAY HILLS PRELIMINARY PLAT PART SIX """"'"" ..V..--V.'F.'..-'.~,~=L..__-,. SUBDIVISION - ;~ "~: ....i~; TO IOWA CITY, IOWA t ~g=~ """: 0"""' '+LgF- _~. '''""' '''" 6~ ~ ~'~ k ~CATION MAP NOT ~ SC~ .... ~-- ~ ~ , ,. \ C{L__y / Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 99-262 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF WESTCOTT HEIGHTS, PART 2, JOHNSON COUNTY, IOWA. WHEREAS, the applicants, Thomas Bender and James Anderson, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Westcott Heights, Part 2; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Westcott Heights, Part 2, Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 27th ATTEST: C~~. ppdadm/res/westcot2.doc day of ~lul.y , 1999. P~ 7' i~' ..... :'A ..... by Resolution No. 99-262 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X 0 ' Donnel 1 the Resolution be ABSENT: Champion Kub~bY X Lehman Norton O'Donnell Thornberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB99-001 2. Westcott Heights, Part 2 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: BACKGROUND INFORMATION: Prepared by: Scott Kugler Date: June 3, 1999 Jim Anderson, Tom Bender 44 Sturgis Corner Drive Iowa City, Iowa 52246 Phone: 351-3355 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Preliminary Plat Approval To create a 4-lot residential subdivision West termini of Westcott Drive NE and Rose Bluff Circle NE 24.99 acres RS, Vacant North: East: South: West: RS, vacant; RS, residential; A 1, agricultural; RS, vacant. Fringe Area A Chapter 14-7, Land Subdivisions May 12, 1999 June 26, 1999 The applicants, Jim Anderson and Tom Bender, are requesting a preliminary plat of Westcott Heights, part 2, a 24.99 acre, 4-lot residential subdivision located immediately west of Westcott Drive and Rose Bluff Circle. Both streets are located within the Westcott Heights subdivision, which is being developed on the west side of Prairie du Chien Road, north of 2 Newport Road. Westcott Heights was approved in 1998, and includes a total of 31 building lots. The current application would result in four additional lots being platted at the end of streets established within Westcott Heights. ANALYSIS: Preliminary Plat: The proposed preliminary plat appears to be in general conformance with the City's subdivision regulations. A grading plan is required as a result of steep slopes and what appear to be wetlands located on the property. Approval of the grading plan is required prior to City Council consideration of the plat. The preliminary plat proposes the extension of one street, Rose Bluff Circle, to provide access to three of the proposed lots. In addition, a fourth lot would have access at the end of the Westcott Drive right-of-way. The final plat for Westcott Heights included temporary turn- arounds at the west termini of these streets, and provided for the future extension of these streets onto the property to the west. The temporary turnaround along Westcott Drive is proposed to remain as a permanent cul-de-sac, and the turnaround along Rose Bluff Circle will be removed when the street is extended. At the time of approval of Westcott heights, the Solon Fire Department reviewed and approved the plat. However, now that the temporary turnaround on Westcott Drive will become permanent, another review by the Solon Fire Department should occur, as required by the Fringe Area Agreement. A concept plan submitted in association with a rezoning for a portion of the Westcott Heights property illustrated 9+ lots to be developed on the subject parcel. However, during the preliminary plat review this property was not included due to concerns raised at the County level regarding the single access point along Prairie du Chien Road. However, the development of the subject property was left open as a possibility with the platting of the road rights-of-way such that they could be extended to the west. County staff indicated that the developer has entered into a roadway improvement agreement that would require an upgrade to the intersection of Westcott Drive and Prairie du Chien Road if the traffic volumes generated by the subdivisions exceeds 500 vehicles per day. The four additional lots would result in a total of 35 lots being served by this access, which should not result in traffic exceeding the threshold established by that agreement. The four additional lots would also not exceed the threshold for a single access of the City's secondary access guidelines. Because the lots located within the proposed subdivision will rely on private streets platted within Westcott Heights, easement agreements will be needed to establish permanent access for these lots. The new lots will also share the same well and water distribution system with lots within the previous subdivision. In addition, a homeowners association will be needed to provide for the maintenance of the streets and Outlot A. These issues will have to be addressed in the legal papers associated with the final plat for this property. Fringe Area Agreement: The Fringe Area Agreement for Area A states that rezonings to RS, Suburban Residential, be considered provided that 50 percent of the property be set aside as open space. This property is zoned RS, but it appears that this zoning was established well before the current Fringe Area Agreement was adopted. Therefore, the open space requirement does not apply for this property. 3 STAFF RECOMMENDATION: Staff recommends that SUB99-0012 be deferred, pending review of the plat by the Solon Fire Department and the establishment of a fire rating for the subdivision. Upon resolution of these items, staff recommends that the request for a preliminary plat of Westcott Heights, Part 2, a 24.99 acre, 4-lot residential subdivision located within Johnson County at the west termini of Westcott Drive and Rose Bluff Circle, be approved, subject to the approval of a grading plan prior to City Council consideration of the plat. DEFICIENCIES AND DISCREPANCIES: 1. Fire rating and letter of approval from Solon Fire Department is necessary. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. Approved by: Karl FrankliL, D~ireclor~~' ~f Planning and Community Development SITE LOCATION: Quarry View Subdivision SUB99-0012 Preliminary Plat WESTCOTT HEIGHTS - PART TWO Johnson County, Iowa IIIl~i I I oo .l~=_.o& · "'3 "07-27-99 Prepared by: Terry Trueblood, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. 99-263 RESOLUTION APPROVING PLANS, SPECIFICATIONS; FORM OF CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IN CITY PARK, 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 CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. 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 2:00 p.m. on the 18th day of August, 1999. 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 24th day of August, 1999 or at such later time and place as may be fixed. Passed and approved this 27th A'FFE ST: Ci.i.i~LE~RK day of July ,1999. MAYOR PrS.:ler~ Approved by City Attorney's Office pweng/resitheater.doc Resolution No. 99-263 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X Champion Kub.bY X Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Terry Trueblood, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. 99-264 RESOLUTION APPROVING PLANS, SPECIFICATIONS~ FORM OF CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY PHASE ONE EXPANSION 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 CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. 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 17th day of August, 1999. 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 24th day of August, 1999 or at such later time and place as may be fixed. Passed and approved this 27th day of July ,1999. Approved by City Attorney's Office pweng/res/oaldand2.doc Resolution No, Page 2 99-264 It was moved by Champion and seconded by adopted, and upon roll callthere were: O'Donnell the Resolution be AYES: NAYS: ABSENT: Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 99-265 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY TRANSIT FACILITY METHANE ABATEMENT PROJECT, PHASE I, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF PREQUALIFICATION STATEMENTS AND 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 CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. 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. 4. Unless previously prequalified for a City project, Statements of Qualifications are to be received by the City at the Office of the City Clerk, at the Civic Center, at 4:30 p.m. on the 10th of August, 1999. 5. 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 17th day of August, 1999. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the City 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 2~ day of August, 1999, or at such later time and place as may then be fixed. Passed and approved this 27th day of J u I y Approved by ATTEST:Ci~/~LER~r*~'-)K 7~' 9/~X I pwengVes~)requal.doc City Attorney's Office Resolution No. 99-265 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: X Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef P ared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 522 (319) 356-5144 RESOLUTION NO. 99-265 RESOLUTI N APPROVING PLANS, SPECIFICATIONS, FOR F CONTRACT, AND ESTIMATE COST FOR THE CONSTRUCTION OF TH IOWA CITY TRANSIT PUBLISH NOTICE O BIDDERS, AND FIXING TIME A PLACE FOR RECEIPT OF PREQUALIFICATIO STATEMENTS AND BIDS. ·. .... / . NOW, THEREFORE, BE IT RESOLV BY THE CITY ,G'/OUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: / /tme t // 1. The plans, specifications, form of con act an~/estimate of cost for the above-named project are hereby approved. ,/' 2. The amount of bid security to accompany ' ch bid for the construction of the above-named project shall be in the amount of 10% (ten perce~ o id payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized a/~d direc d to publish notice for the receipt of bids for the construction of the above-named project in a ne paper published at least once weekly and having a general circulation in the City. // 7~ ahficat~ons are to be rec%~;ed b 4. Unless previously prequalified foF~ City project, Sta n s Q ' ' t. ' Y the City at the Office of the City/~lerk, at the Civic Cent , at 4:30 p.m. on the 10 of August, 99. 5. Bids for the above-named prefect are to be received by e City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic ~enter, until 10:30 a.m. on the `17 day of August, 1999. Thereafter the bids will be opened by the/City Engineer or his designee, an thereupon referred to the City Council of the City of Iowa City, I~wa, for action upon said bids at its xt meeting, to be held at the Council Chambers, Civic Cent ', Iowa City, Iowa, at 7:00 p.m. on the 9 day of August, 1999, or at such later time and place?~ef'n~ay the . / Passed and approve/~'this 27 th / / /' / pweng~'es~x~al.doc / / / 07-27-99 I Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 99-266 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1999 HIGHWAY TURNLANE IMPROVEMENT 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 CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. 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 10:00 a.m. on the 17th day of August, 1999, or at a later date as determined by the Director of Public Works or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City Chambers, Civic Center, Iowa City, , . day of August 1999 or at such later time and place as may then be fixed. Passed and approved this 27th A3'1' E ST: C~ ''~)' f ~"> J,~ , 1999. day ,o,~M~ybR ..... ~-..-~~'~~~~~ ~ A~~ City Attorney's Office pweng/res/hwy6.doc Resolution No. 99-266 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were:. Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef 07-27-99 11 Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 99-267 RESOLUTION RESCINDING RESOLUTION NO. 99-57 AND APPROVING THE CALL TO ARTISTS FOR SCULPTURES IN THE DOWNTOWN PEDESTRIAN MALL. WHEREAS, the Iowa City Public Ad Program Acquisition Procedures provide for City Council consideration on each "Call to Artists"; and WHEREAS, the Public Art Advisory Committee has chosen the placement of permanent sculptures on the five sculpture pads in the Downtown Pedestrian Mall as a public art project for FY00; and WHEREAS, Resolution No. 99-57 called for the placement of two permanent sculptures on two of these sculpture pads in the Downtown Pedestrian Mall and the responses to these calls were unacceptable; and WHEREAS, the Public Art Advisory Committee has developed a new "Call to Artists" including a proposed budget, to replace the previous calls approved under Resolution No. 99-57; and WHEREAS, the Public Art Advisory Committee at their meeting of July 8, 1999 recommended approval of the new Call for up to five permanent sculptures on the five sculpture pads in the Downtown Pedestrian Mall. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No. 99-57 is hereby rescinded. The Call to Artists, attached hereto, for permanent sculptures in the Downtown Pedestrian Mall is hereby approved. Passed and approved this 27th day of July ,19 99 ppddirVes\callart.doc MAYOR Pro:6 ""i~ 2.C.~~ne Resolution No. 99-267 Page 2 It was moved by Kubby 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 The Public Art Program of the City of Iowa City was established in September 1997. The intention of the Public Art Program is to enhance public spaces, promote Iowa City as a cultural center, and build Iowa City's image as a vital place to live and work. This will be accomplished by the integration and placement of art in public projects and places. The Public Art Program will be supported by an allocation of at least $100,000 of public funds per fiscal year. A Public Art Advisory Committee has been appointed to assist in the development and management of this program. The mission of the Public Art Advisory Committee, as stewards of the City of Iowa City, is to enhance the appearance of the city through the selection and integration of art in a public environment. 1999 Membership: Kevin Hanick Nancy Purington Debbie Galbraith Gary Nagle Terry Trueblood Rick Fosse CQ Call To Artists The Public Art Advisory Committee of the City of Iowa City is issuing an Open Call to artists for up to five outdoor sculpture opportunities in Iowa City's newly renovated City Plaza. A minimum of one site opportunity will be awarded to an Iowa artist. Projed Pararnefers Sculpture pads measure 4'x 4' and 5'x 5'. Height must be 4'h minimum & 10'h maximum Maximum load: 4,000 Ibs./square inch Materials and design must be durable. These works are subject to interaction with the public 24 hours a day. Maintenance methods must be developed and documented. Projecf Budgel Between $5,000.00 per work to $50,000.00 per work. Works may be commis- sioned and/or purchased from works extant. Projed Timeline Installation will occur between Spring 2000 and Summer 2001 Selecfion Process Submitted materials will be reviewed by the Artist Selection Panel for Sculpture in City Plaza comprised of arts professionals, community representatives and the Public Art Advisory Committee. Deadline for Receip| of t~aferials: Wednesday, December 15, 1999 by 5:00 P.M. Iowa City Public Art Outdoor Sculpture Opporfunifies on Cify Plaza Background and Site Descripfion City Plaza is located in the heart of downtown Iowa City and serves the community as a park-like pedestrian plaza where business and culture intersect. During summer months, the Downtown Business Association sponsors musical performances every Friday night. This space is also home to two annual community arts events: the Iowa City Jazz Festival and the Iowa Arts Festival. Artists of local, regional, national and international acclaim present works in music, dance and visual arts venues. This summer the first public artwork developed by the Public Art Advisory Committee will be unveiled in August. It is a fountain called Weatherdance designed and created by Stanton Sears and Andrea Myklebust of Minnesota. Five sculpture pads have been installed near the fountain and throughout the plaza. The Public Art Advisory Committee seeks sculptures which illustrate and/or expand on design concepts established in the process of our first call for artwork in City Plaza. In this manner, it is our desire to establish continuity in concept, material or form which supports and enhances the aesthetic environment of City Plaza. Design Considerafions/Projecf Goals · To select works of art which inspire and delight To conceptually illustrate phenomena of wonder, i.e., instruments for weather, direction, time/space, motion and light, or themes related to regional geography, history and sense of place · Concepts may be developed in the following ways: · representational and abstract · kinetic/interactive · works representing, or variations on, natural form · figurative works Submission A aferials A. Artists should submit twelve (12) collated sets of printed submission materials, organized in the specific order as described below. A letter of interest (one page maximum) including any background information that would support the artist's qualifications for this project. It is emphasized that specific proposals are not requested (unless the submittal is for an extant work) and will not be reviewed at this time. Include public art experience with budget size of past projects. 2. A current professional r~sum6. An annotated slide list including: Number of each slide, name of artist, title of work, date of execution, media, dimensions, descriptive notes where applicable, and price of each work of art. B. Artists should submit a page listing three (3) references. It is emphasized that letters of recommendation are not requested. C. Artists should submit one (1) set of slides following the instructions below: Ten (10) 35 mm (2" x 2') slides of recent works or projects, presented in a slide sheet. No original artwork, photographs of work, maquette or other specific proposals will be accepted for review. 2. Label slides as follows: · Number of slide in upper right hand corner · Name of artist at top · Title of work · Red dot in lower left hand corner D. All materials submitted will become property of the Iowa City Public Art Advisory Committee and will be reviewed when appropriate future projects occur. SUBMISSIONS MUST BE RECEIVED BY 5:00 P.M. WEDNESDAY, DECEMBER 15, 1999 SEND TO: KARIN FRANKLIN, DIRECTOR PLANNING & COMMUNITY DEVELOPMENT CITY OF IOWA CITY 410 EAST WASHINGTON STREET IOWA CITY, IOWA 52240 ppddir/pagelCalI-Sculpt.p65rjw Prepared by: Linda Severson, Human Services Coord., 410 Eo Washington St., Iowa City, IA 52240 319-356-5242 RESOLUTION NO. 99-268 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: BIG BROTHERS AND BIG SISTERS ($38,150); CRISIS CENTER ($38,672); DOMESTIC VIOLENCE INTERVENTION PROGRAM ($51,673); EMERGENCY HOUSING PROJECT ($9,225); FREE MEDICAL CLINIC ($5,985); HAWKEYE AREA COMMUNITY ACTION PROGRAM ($7,850); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION ($10,250); MAYOR'S YOUTH EMPLOYMENT ($40,450); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY ($57,836); RAPE VICTIM ADVOCACY PROGRAM ($13,500); AMERICAN RED CROSS ($5,155); AND UNITED ACTION FOR YOUTH ($43,577). WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human services support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements with Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Free Medical Clinic; Hawkeye Area Community Action Program; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreements between the City of Iowa City and Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Free Medical Clinic; Haw,keye Area Community Action Program; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth, copies of which are filed in the Office of the Human Services Coordinator, are hereby approved. 2. The Mayor or City Manager is hereby authorized to execute and the City Clerk to attest said Agreements. Passed and approved this 27 th day of July , 1999. ..... Approved by ity ttorney's ~ce jccoghs\res\fund2 .doc Resolution No. 99-268 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: 0 ' Donnel 1 the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby X Lehman Norton O'Donnell Thornberry Vanderhoef L07-27-99 13 Prepared by: Linda Severson, Human Services Coord., 410 E. Washington, Iowa City, IA 52240 319-356-5242 RESOLUTION NO. 99-269 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: ELDERLY SERVICES (,')60,255); MID- EASTERN COUNCIL ON CHEMICAL ABUSE ($27,872); AND UNITED ACTION FOR YOUTH ($16,873); WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston-Gonzales National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City Council of Iowa City, Iowa recognizes the need for human services support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa, is empowered by State law to enter into such contracts and agreements; and WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements for use of part of such funds with Elderly Services, Mid-Eastern Council on Chemical Abuse, and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreements between the City of Iowa City and Elderly Services, Mid- Eastern Council on Chemical Abuse, and United Action for Youth, copies of which are filed in the Office of the Human Services Coordinator, are hereby approved. The Mayor or City Manager is hereby authorized to execute and the City Clerk to attest said Agreements. Passed and approved this 27th day of July , 1999. MAYOR;,'p_~; fern Approved by jccoghs\res\fund3 .doc City Attorney's Office Resolution No. 99-269 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 07-27-99 14 Prepared by: Jim Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 99-270 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO A'!'rEST CONTRACT FOR CONSTRUCTION OF THE IOWA CITY SENIOR CENTER SPRINKLER SYSTEM AND CEILING INSTALLATION PROJECT. WHEREAS, McComas-Lacina Construction, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $228,211.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to McComas-Lacina Construction, Inc. of Iowa City, Iowa, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements· Passed and approved this 27 th day of J u 1 .y ,1999· CI City Att~rney's Office It was moved by Champion and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: X X X X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res~spdnkler. doc ADVERTISEMENT FOR BIDS IOWA CITY SENIOR CENTER FIRE SPRINKLER INSTALLATION AND CEILING REPLACEMENT PROJECT. Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 20~' day of July, 1999, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engi- neer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 27'" day of July, 1999, or at such later time and place as may be scheduled. The Project will involve the following: Renovation, expansion, and upgrading of the Iowa City Senior Center fire protection sprinkler system, and the replacement of acoustical ceilings on all levels. All work is to be done in strict compliance with the plans and specifications prepared by H.R. Green Consulting Engineers which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract pdce, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also AF-1 protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: Forty Two (42) Specified Start Date: August 17, 1999 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the office of H.R. Green Co. by bona fide bidders. A $25.00 refundable fee (provided plans and specs are returned in good condition within 30 days of bid date) is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to H. R. Green Consulting Engineers. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK AF-2 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-271 RESOLUTION AMENDING RESOLUTION NO. 99-216 TO REVERSE A PREVIOUS DECISION BY COUNCIL AND ADD THE PORTION OF THE WILLOW CREEK TRAIL BETWEEN BURRY DRIVE AND THE WILLOW CREEK PEDESTRIAN BRIDGE TO THE WILLOW CREEK TRA'IL PHASE 2 IMPROVEMENT PROJECT. WHEREAS, on June 29, 1999 a public headng was held on the plans, specifications, form of contract, and estimate of cost for the above-named project; and WHEREAS, by Resolution No. 99-216 the City Council approved the plans, specifications, form of contract, and estimate of cost for the above-named project but excluded the portion of the Willow Creek Trail between Burry Drive and the Willow Creek pedestrian bridge therefrom; and WHEREAS, the City Council now desires to amend Resolution No. 99-216 to reverse said previous decision by Council and add the portion of the Willow Creek Trail between Burry Drive and the Willow Creek pedestrian bridge to the Willow Creek Trail Phase 2 Improvement Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: . Resolution No. 99-216 is hereby amended to include the portion of the Willow Creek Trail between Burry Drive and the Willow Creek pedestrian bridge in the plans and specifications for the Willow Creek Trail Phase 2 Improvement Project. Passed and approved this 27th day of July ,1999. ATTEST: Ci~E,E~~RK .. MAYOR Pr6,.le'~ ~ City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: X X NAYS: x X X X eteanor/res/willowcr.doc Kubby the Resolution be ABSENT: Champion Kubby × Lehman Norton O'Donnell Thomberry Vanderhoef city of iowa city PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: FROM: DATE: RE: City Council Parks and Recreation Commission July 19, 1999 Willow Creek Trail At its meeting of july 14, the Parks and Recreation Commission discussed the Willow Creek Trail Phase II Improvement Project. Following the meeting seven commissioners and three Council members toured a number of park areas, including Kiwanis Park and Willow Creek Park to get a fzrsthand view of the area in question. The Commission voted its support of this project as designed, including the "Burn/Drive connection." The Commission feels that to construct the project in its entirety is to the benefit of the entire community, including the Ty'n Cae neighborhood. We feel the compromise to narrow the Burn/Drive entryway is fair and equitable to the adjacent neighbors, and we encourage Council to reconsider its previous action and construct the entire project as designed. Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5100 RESOLUTION NO. 99-272 RESOLUTION AWARDING CONTRACT AND AUTHORIZING 'THE MAYOR TO SIGN AND THE CITY CLERK TO A'R'EST A CONTRACT FOR CONSTRUCTION OF THE WILLOW CREEK TRAIL PHASE II IMPROVEMENT PROJECT. WHEREAS, Peterson Contractors, Inc. of Reinbeck, Iowa has submitted a bid of $324,884.25, including two alternates for the completion of the above-named project; and WHEREAS, said bid has been recommended for award by the Director of Parks and Recreation and the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project including alternate two is hereby awarded to Peterson Contractors, Inc. of Reinbeck, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 27th day of ,]u].v ,1999· ATTEST:C~ ~- MAYOR Approved by City Attorney's Office parksrecVes\willow.doc Resolution No. 99-272 Page. 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kub_by X Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., IA 52240 (319)356-5100 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND SIGN AND THE CITY CLERK TO ATTEST CONSTRUCTION OF THE WILLOW CREEK TRAIL PROJECT. A THE MAYOR TO CONTRACT FOR II IMPROVEMENT WHEREAS, of $ , including alternates for and WHEREAS, said bid has be~,n recommended and the City Engineer. \ NOW, THEREFORE, BE IT ;OLVED IOWA, THAT: , Iowa has submitted a bid of completion of the above-named project; by the Director of Parks and Recreation CITY COUNCIL OF THE CITY OF IOWA CITY, The contract for the awardee secure adequ. compliance program of the above-named project including alternates is hereby awarded to , subject to the condition that ;rformance bond, insurance certificates, and contract The Mayor is construction of the adequate perform~ program staterues and paym to sign and the City Clerk to attest the contract for project, subject to the condition that awardee secure ~t bond, insurance certificates, and contract compliance Passed and approved / ATTEST: CI~'~' CLERK / da~ ,1999. Approved by City A~t~~ffice ~'~' parksrec\re,,~willow.doc ~ay: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (31 ~)356-5100 RESOLUTION NO. SIGN D CONSTRL PROJECT. AWARDING CONTRACT AND AUTHORIZING THE TO THE CITY CLERK TO ATTEST A CI FOR OF THE WILLOW CREEK TRAIL PHASE II IMI WHEREAS, Peterson including two alternate.. ,ntractors, Inc. of Reinbeck, Iowa has Ihe completion of the above-named proj, a bid of $324,884.25, and WHEREAS, said bid has and the City Engineer. recommended for award by the of Parks and Recreation NOW, THEREFORE, BE IT IOWA, THAT: BY THE CITY OF THE CITY OF IOWA CITY, The contract for the two is hereby awarded to condition that awardee secure contract compliance program of the :)n 2. The Mayor is hereby authorized project including alternates one and Inc. of Reinbeck, Iowa, subject to the ~e bond, insurance certificates, and J and the City Clerk to attest the contract for construction of the above-named . subject to the condition that awardee secure Passed and approved this day of ,1999. MAYOR A~EST:CI~ CLE parksrec\res\willow.doc Marian Karr From: Sent: To: Cc: Subject: Judy L. Pfohl [judypfohl@compuserve.com] Tuesday, July 13, 1999 10:05 PM Iowa City Council Steve Atkins; Rick Fosse; Marcia Klingaman; Walter Sparks; Terry Trueblood Reconsideration of Willow Creek West trail Thank you for reviewing the new information and allowing the trail issue to be discussed again. Judy Pfohl neighborhood input and I am here tonight in support of our position in asking the city council to defer making a decision concerning the possible widening and upgrading of the path on the west side of Willow Creek Park. I spoke with Ed Thomas who was one of the original developers of the Ty and Cae subdivision. He told me that the path that runs from the bend of Burry Drive and winds its way through the west side of the park was to "allow our neighborhood access to the park." This serves as a means to get to the east side of the park where there is a shelter, playground and fields. Why are we asking you to defer your decision? With the installation of the new bike trail along the east side of Willow Creek Park and the development of Kiwanis Park on the south side, we feel the council needs to see how this will effect the utilization and dynamics of our Willow Creek Park. Our current preference is to preserve as much as possible of our nice meandering path which has served its purpose for the last 20+ years. We would like to see it remain as a neighborhood access. It is used by young and old alike primarily for walking and jogging with an occasional bike rider and family with strollers. It should be noted that the majority of the park activity remains on the east side of the park along Teg Drive. Also, our preference is to keep it the same width which is the same as the sidewalk in front of all our neighbors' houses. The problem areas with the path are known to you. This includes the low lying area that is subject to being under water and the need for repair of the asphalt in certain areas. I believe that this is one area in which all neighbors agree...necessary repairs need to be made as there has been little done to the path since it' s original installation. Additionally, we ask that routine maintenance be provided in order that our path remain in usable condition in the years to come. Concerning the sidewalk at the Burry entrance we are asking for a curb cut and lowering of the elevated water valve. This would allow more accessible and safer access to the path from the sidewalk and street. Since we are on the subject of the "sidewalk" that runs between my house and that of my neighbor, I would like for the record to clarify some 'misunderstandings.' The hedges, trees and mail box along my side of the walkway have all been present since I first moved into my house in 1984 and had been planted by the previous owner. The only additions along my neighbor's side of the walk include the planting of a shrub in the front of the yard about 5 or 6 years ago and the widening of his driveway last year and planting of flowers along it this year. Concerning the cost issue of deferring your decision, we do not feel that this is necessarily a valid argument against waiting. The city can combine it with other projects that it has planned each year. Also, no one has spoken about the unnecessary and wasteful cost of making the current path into an 8 foot trail. Of all the people that I spoke with, almost without exception, all asked why the city and our neighborhood association wanted such a wide trail. In summary, we are asking you to consider our input in order to allow you to make a wise and prudent decision. We appreciate the fact that each of you has personally viewed the area. What we are asking for, while preserving the character of our lovely meandering path, is to fix and repair its defects. We are asking you to defer your final decision of possible widening until you have a better idea of the dynamics once the new bike trail and Kiwanis park are in place. We thank you for your consideration in this matter. Fred Dunner 1338 Burry Drive attachmere: petition /~ / /~o~ /~/ ~r/13 t° '~:',¢. 5' City of Iowa City Council Members 410 E. Washington St. Iowa City, IA 52240 July 18, 1999 , JUL 2 1 1999 j CITY MANAGER'S OFFICE Dear Council Member, I am a life-long resident of Iowa City. For the past 14 years, I have lived just a few blocks from Willow Creek Park. I am writing this letter to express my opinion about the proposed trail connector from Burry Drive to the park shelter in Willow Creek Park. My understanding is that one or two homeowners inquired about the width of the sidewalk between their homes. That somehow led to a decision to omit the proposed new trail from the rear of those properties to the park shelter. What should have happened is that council should have resolved the issue of the sidewalk width between the two homes rather than axing the trail from the rear of the properties to the shelter. The existing 3' path is full of potholes and often under water. No matter how much you patch the potholes, the path will still be under water many weeks of the year. The new trail will eliminate the water hazard, provide much-needed width, as well as provide .a smooth surface for multi-purpose use. I encourage you to construct the 8' trail from the park shelter to the rear yards of the homes in question. Put your focus on the original inquiry and address the issue of the sidewalk width between the houses. The sidewalk is currently 4'. I'm told an additional foot would make the sidewalk compliant with ADA standards. A 5' or 6' sidewalk should be an acceptable compromise. Sincerely, ,,emes Wag 07 Calvin Ave Iowa City, IA 52246 city of iowa city PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: FROM: DATE: RE: City Council Parks and Recreation Director July 22, 1999 Willow Creek Trail, Phase II On your July 27 meeting agenda is an item to consider a resolution awarding a contract for the Willow Creek Trail, Phase II Improvement Project. Bids for this project were opened July 22 after the agenda was printed. The following bids were received. Peterson Contractors, Inc. Reinbeck, Iowa Base Bid Alternate 1 Alternate 2 Grand Total $247,430.25 $49,613.50 $27,840.50 $324,884.25 MBA Concrete, Inc. North Liberty, Iowa $251,234.00 $49,512.00 $29,575.00 $330,321.00 LL Pellmg Company North Liberty, Iowa $263,335.50 $56,000.00 $29,317.50 $348,653.00 Engineer's Estimate $245,000.00 $50,000.00 $35,000.00 $330,000.00 In the base bid a sidewalk on the south side of Benton Street is widened to eight feet from Mormon Trek Boulevard to the point where the trail enters Willow Creek Park. Alternate 1 represents the continued widening of the sidewalk along Benton Street all the way to Teg Drive. Alternate 2 represents the reconstruction of that portion of the existing trail in Willow Creek Park extending from Burry Drive to the pedestrian bridge within the park as originally designed (i.e., mostly eight feet wide, but that portion running between the Mullet and Dunnet properties to be sLx feet wide). It is staffs recommendation that the project, including Alternates 1 and 2, be awarded to the low bidder, Peterson Contractors. If Council decides against proceeding with Alternate 2, staff recommends awarding the Base Bid and Alternate 1 to Peterson Contractors. Funding for this project is derived from GO Bonds. ~ city of iowa city PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: FROM: DATE: RE: City Manager Park Entrances Per your request, I have developed a list of those areas where park entrances exist between two houses via sidewalk or trail. The following, as nearly as I can ascertain, represents a complete list at this time. Those marked with an asterisk (*) are entrances which tie into a trail. · Brookland Park (off Melrose Court) · City Park (off Normandy Drive)* · Court Hill Park (off Friendship Street) and (Brookside Drive) · Hickory Hill Park (off North Seventh Avenue) · Wetherby Park (off Briar Drive) · Whispering Meadows Wetland Park (off Blue Stem Court)* and (Coneflower Court)* and (Indigo Court)* · Willow Creek Park (off Burry Drive)* and (Cambria Court)* · Windsor Ridge (off Chandler Court)* and (Inverness Court)* and (Canterbury Court)* and (Southchase Court)* and (Barrington Road-2 locations)* · Others will occur as Neighborhood Open Space acquisitions are developed. ADVERTISEMENT FOR BIDS WILLOW CREEK TRAIL PHASE II IMPROVEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 22"d day of July, 1999, and shall be received in the City Clerk's office no later than said date and time, or at a later date as determined by the Director of Public Works or designee, with notice of said later date to be published as required bX law. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 27~h day of July, 1999, or at such later time and place as may be scheduled. The Project will involve the following: 1. Construction of approximately 1100 LF of 8' wide PCC sidewalk along Mormon Trek & Benton Street. 2. Construction of approximately 4200 LF of 10' wide ACC trail from Benton Street to Willow Creek Court. 3. Construction of approximately 1500 LF of 8' wide ACC trail from Teg Drive to Burry Street. 4. Construction of bridge abutments and installation of pedestrian bridge. The work included is grading and subgrade compaction, sidewalk removal, storm sewer pipe and intake removals, bridge and abutment removal, storm sewer pipe, intakes, PC and AC concrete pavements, signage, bridge abutments, installation of pedestrian bridge, final grading, fertilizing, seeding, mulching, sodding, temporary erosion control and traffic control systems and all related incidents. All work is to be done in strict compliance with the plans and specifications prepared by Shoemaker and Haaland Professional Engineers of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- AF-1 nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a pedod of five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 66 Specified Start Date: August 16, 1999 Liquidated Damages: $200 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Shoemaker & Haaland Professional Engineers, 160 Holiday Road, Coralville, Iowa, by bona fide bidders. A $75 plan deposit fee with $25 refundable is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Shoemaker & Haaland Professional Engineers. A Pre-bid Conference for prospective bidders will be held at the Iowa City Civic Center, 410 E. Washington Street, Iowa City, Iowa on Tuesday, August 10, 1999 at 10:00 a.m. Bidders are encouraged to attend to meet with the design engineer and City representatives to discuss project requirements. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons. firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, AF-2 the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa, MARIAN K. KARR, CITY CLERK parksrec\willowck. doc AF-3 Prepared by: Ron Knoche, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 99-273 RESOLUTION TEMPORARILY CLOSING A PORTION OF MADISON STREET RIGHT-OF-WAY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. WHEREAS, the University will be undertaking maintenance and renovation work at the University of Iowa Halsey Hall and the Iowa Memodal Union along the Madison Street right-of-way; and WHEREAS, the University and City desire to secure the construction site against pedestrian and vehicular traffic during construction along Madison Street adjacent to Halsey Hall and the Iowa Memorial Union; and WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a properly safe distance from traffic, so as not to endanger lives or property; and WHEREAS, an agreement for the temporary use of public right-of-way containing such conditions has been prepared and is attached to this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to temporarily close a portion of Madison Street right-of-way in Iowa City, Iowa in order to assure a safe construction site for the University of Iowa and thereby ensure public safety. 2. The following public right-of-way shall be temporarily closed: Phase 1 - The eastern traffic lane along Madison Street adjacent to Halsey Hall beginning August 1, 1999 and ending no later than November 30, 1999. Phase 2 - The western traffic lane along Madison Street adjacent to the Iowa Memorial Union beginning February 1, 2000 and ending no later than June 30, 2000. The agreement for temporary use of public right-of-way attached hereto is hereby appreved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest said agreement for and on behalf of the City of Iowa City for recordation in the Johnson County Recordeffs Office, at University expense· Passed and approved this 27th ATFEST:C~ ~. i;N/eng/resknadison.doc day of July ,1999. MAYOR Pi6 ".' f~~ ,0~ ..... ed A City Attorney's Office ?- Iz-,q' Resolution No. 99-273 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kub,.by X Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Ron Knoche, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA This Agreement is made between the University of Iowa ("University") and the City of Iowa City, Iowa, a munidpal corporation ("City"). WHEREAS, the University will be undertaking the maintenance and renovation work at the University of iowa Halsey Hal; and the Iowa Memodal Union along the Madison Street right-of-way; and WHEREAS, the vehicular traffic Memorial Union; University and City desire to secure the construction site against pedestrian and dudng construction along Madison Street adjacent Halsey Hall and the Iowa and WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a propedy safe distance from traffic, so as not to endanger lives or property; and Now, therefore, in mutual consideration of the promises herain, the University and City agree as follows: The University is directing maintenance and renovation work at the University of Iowa Halsey Hall and the Iowa Memodal Union along the Madison Street right-of-way in Iowa City, Iowa. Because construction will take place adjacent to the Madison Street right-of-way, it is in the best interests of both the University and the City to temporarily dose a portion of Madison Street right-of-way in order to safely accommodate said construction. In order to protect the construction area from traffic, and also to protect the pedestrian vehicular traffic from the construction site, City agrees to temporarily close a portion of Madison Street right-of-way, namely: Phase 1 - The eastem traffic lane along Madison Street adjacent to Halsey Hall. Phase 2 - The westem traffic lane along Madison Street adjacent to the Iowa Memorial. In consideration of the University's use of Madison Street right-of-way during construction, the University agrees to secure its construction site against pedestrian and vehicular traffic by providing adequate traffic control, and by fencing all open excavations while the contractor is not working. The University further agrees to provide and keep in place, and maintain in good working condition, signage necessary to: a) b) c) Route pedestrians. Provide advance waming. Provide for the ordedy and predictable movement of vehicular traffic. 2 All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. Exhibit "A" shows the area of closure for Phase 1. Exhibit "B" shows the area of closure for Phase 2. The parties agree that this agreement shall be in effect for Phase 1 beginning August 1, 1999, and end no later than November 30, 1999 and in effect for Phase 2 beginning February 2, 2000, and end no later than June 30, 2000. After construction is completed, University agrees to restore all rights-of-way to the City's complete satisfaction. This agreement shall be recorded in the Johnson County Recorder's Office, at University' expense. 6. University shall assume responsibility for and indemnify and hold City harmless from all claims, damages, and/or liability, including reasonable attorney's fees, arising from University's use of the Madison Street right-of-way her.under to the full extent permitted by. Chapter 669, Code of Iowa (1997). CITY OF IOWA CI~, IOWA UNIVERSI~ OF IOWA ~ Maly~~ A"Fi'EST: ~ 7~- ~ Madan K. Karr, City Clerk STATE OF !0%~!A ) ) SS: JOHNSON COUNTY ) On this 27.7 ~' day of "3",-,.t~. 19 'Zr/ before me, -%<,,~d,-~,,~ ~:,,3r-f , a Notary Public' in and for th~ State of Iowa, personally appeared g-¥r,r,'l~,o,~,~/~,,-r,and Madan K. K.a_,LT~ to me personally known, and, who, being by me duly sworn, did say'thatL['~ey are ~ the Mayo '~a~d ~ty Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (OrclinaReo) (Resolution) No. c)r/_ ~ 7 .~ passed by the City Council, on 'the 'Z 7 t-k day of "'72,<! , 19 ?,~ , and that :O~,~ TT,~m/~r,~ja_nd Madan K. Karr acknowledged the ~xecution 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 STATE OF IOWA JOHNSON COUNTY on this ) ) SS: ) day of ~'~\,f '~9 '::f':f before me, , a Notary Public' in and for th'e State of Iowa, personally appeared Michael J. Finnegan and Douglas M. Young, to me pemonally known, and, who, being by me duly sworn, did say that they are the Univemity Business Manager and Secretary of the Business Office, respectively; that they have authority to act and are acting on behalf of the University of Iowa, as provided by and that as such these persons did execute the foregoing instrument as the voluntary act and dee~l of the Univemity of Iowa, for and on behalf of the State of Iowa Board of Regents. Notary Public in and Approved by ~/Z~L?.~ ?-/2- ~'fr City Attorney's Office Lisa J. Krause Notary Public - STATE OF IOWA My Comml~lon Expires: October 13, 2000 pweng/agt/madison.doc 1 .~3~1S NOINI ~O l~BlS NOSIO~W \ < ( __. 'r..M.u. p, \ \ .\ C,'i' C~ Co~p. C,,,t,.I I.~, C-,f--of;,3~ C"l' 13o,5 S,,tt C;-r, le,. t S ,.-.., C.,.,, C ....... /'r14~ Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION NO. 99-274 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE U.S. HIGHWAY 6 CORRIDOR SIDEWALK/DRAINAGE IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to improve the drainage system in the U.S. Highway 6 corridor and add a pedestrian bike path in the U.S. Highway 6 Corridor; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the U.S. Highway 6 Corridor Sidewalk/Drainage Improvements, all of which shall be called the Project; and WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services with Shive-Hattery Inc. to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Shive-Hattery Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 27th day of ATTEST: ~ ~ 2~- CI'I'~LERK MAYOR ,Pr~iie'~ j Approved by City Attorney's Office pwengVes~shive6.doc Resolution No. 99-274 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X the Resolution be Champion Kub_by Lehman Norton O'Donnell Thornberry Vanderhoef CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this ?7 day of ,X~L/;/ ,1999 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires to improve the Highway 6 Corridor between the Iowa River and Sycamore Street by enclosing the open channel along the south right-of'way, providing pedestrian and bicycle facilities, improving vehicle capacity, and improving aesthetics. 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. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Design Phase A. Preliminary Design The Consultant shall prepare preliminary plans based on the design development data prepared by Shive-Hattery. The preliminary plans will refine the concepts, layouts, type, size and location of proposed improvements, and cost opinions prepared during the design development phase. Two sets of the preliminary plans shall be submitted to the City of Iowa City, one set to the IDOT Transportation Center, and four sets to the Office of Local Systems by August 9, 1999. B. Check Plans The Consultant shall prepare check plans including all proposed bid items, estimate reference notes, and draft special provisions. Two Sets of the check plans shall be submitted to the City of Iowa City, one set to the IDOT Transportation Center, and three sets to the Office of Local Systems by October 18, 1999. C. Final Plans The Consultant shall prepare final letting plans revised to reflect City and IDOT comments, and an itemized cost opinion. Two signed and sealed copies of the final letting plans along with a copy of the check plan comments shall be submitted to the City of Iowa City and the IDOT Office of Local Systems by November 15, 1999. 198359-0 1 CONSULTANT AGREEMENT TIME AND COMPLETION INFORMATION The Consultant shall complete services of the Project in accordance with the schedule shown below: Start Complete Preliminary Design 07/13/99 08/09/99 Check Plans 07/28/99 10/18/99 Final Plans 10/01/99 11 / 15/99 COMPENSATION FOR SERVICES The consultant shall be compensated for the above scope of work on a time and expense basis not-to-exceed an agreed cumulative amount. The estimated fees and and cumulative not-to- exceed amount are summarized below: Hourly Plus Expense Budgets Preliminary Plans $ 65,000.00 Check Plans 86,000.00 Final Plans 41,500.00 Total Not-to-Exceed $192,500.00 GENERAL TERMS A, 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, gender identity, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 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 "not-to-exceed" amount listed above. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. 198359-0 2 CONSULTANT AGREEMENT L, This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to finnish 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 meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to fumish, 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 fumish 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 filing use. 198359-0 3 CONSULTANT AGREEMENT 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 ~-om 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. MISCELLANEOUS A, All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. The City will provide the consultant the below listed support or information: 1. Review of submitted documents in a timely basis. FOR THE CITY B y.~C% L Title: Date: ,'~'~. !y 2, 7//7q~ ATTEST: ~ ~. ~ FOR THE CONSULTANT By:/~/~,,ff~j Ste(en P. Noack, P.E. Title: Date: Local Government Team Leader Approved By CIty Attorney's Office 198359-0 4 Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240, (319)356-5026 RESOLUTION NO. 99-275 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE GOVERNMENT BUILDINGS DIVISION OF THE PARKS AND RECREATION DEPARTMENT BY INCREASING THE POSITION OF CUSTODIAN FROM 1.75 FTE TO 2 FTE. WHEREAS, Resolution No. 99-70, adopted by the City Council on March 2, 1999, authorized permanent positions in the Government Buildings Division of the Parks and Recreation Department for FY00; and WHEREAS, the Fire Department has requested assistance with cleaning services for Station #1; and WHEREAS, the Government Buildings Division of the Parks'and Recreation Department can most effectively provide this service by increasing the work hours of existing permanent part- time employees; and WHEREAS, approved funds for temporary employees will be transferred from the Fire Department to Government Buildings. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Government Buildings Division in the Parks and Recreation Department be amended by increasing the position of Custodian from 1.75 FTE to 2 FTE. Passed and approved this 27th ATTEST:C~ ~- ~ day of July ,1999. MAYOR or~ne humanrel\res\custod.doc Resolution No. 99-275 Page Z It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X X X X X the Resolution be Champion Kub_by Lehman Norton O'Donnell Thornberry Vanderhoef