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HomeMy WebLinkAbout1999-10-19 ResolutionPrepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 99-356 RESOLUTION TO ISSUE CIGARE'I'I'E PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: The Pressbox - 1920 Keokuk Street Passed and approved this 19th day of Zer ,19 99 MAYOR Approved by City Attorneys Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef clerkVes~dgperm.doc 3b(6) RESOLUTION NO. 99-357 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Que Bar - 211 Iowa Avenue The Pressbox - 1920 Keokuk Street It was moved by Vanderhoef and seconded by Norton as read be adopted, and upon roll callthere were: that the Resolution AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 19th day of October , 1 ATTEST: ~~,_~) ~Z' CITY CLERK City Attorney's Office a\d anceprm. res 3d(1) Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 99-358 RESOLUTION ACCEPTING THE WORK FOR THE WOOLF AVENUE BRIDGE RECONSTRUCTION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the WooIf Avenue Bridge Reconstruction Project, as included in a contract between the City of Iowa City and Iowa Bddge & Culvert Inc. of Washington, Iowa, dated January 13, 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 19th ATTEST: CiT~~E2 ~ ~(~',,~4.~ dayof October ,19 99 Approved by City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res%woolfacp.doc 9/99 ENGINEER'S REPORT October8, 1999 Honorable Mayor and City Council Iowa City, Iowa Re: WooIf Avenue Bridge Reconstruction Project Project No. BRM-3715(4)- o 8N-52 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the WooIf Avenue Bridge Reconstruction Project has been completed by Iowa Bridge & Culvert, Inc. of Washington, Iowa, in substantial accordance with the plans and specifications prepared by NNW, Inc. of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $1,269,235.53. The amount of Federal funding is $692,523.27. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ric//h~~s'~e,'p.E. City Engineer 410 EAST WASHINGTON STREET " IO~,'A CITY, IOWA 52240-1826 * {319) 356-5000 * EAX (319) 356-5009 Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 99-359 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR GREEN MOUNTAIN MEADOW, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Green Mountain Meadow, as constructed by Maxwell Construction, Inc., of Iowa City, Iowa. Paving improvements for Green Mountain Meadow, as constructed by Streb Construction Co., 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 THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 19t~ day of October, 1999. MAYOR It was moved by Vanderhoef and seconded by Nnrtnn adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef pweng/res/greenrnt.doc the Resolution be ENGINEER'S REPORT CITY OF I0 WA CITY October 12, 1999 Honorable Mayor and City Council Iowa City, IA Re: Green Mountain Meadow I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Green Mountain Meadow have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer tp2-1jb.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 ,o (319) 356-5000 · FAX (319) 356-5009 5c Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 99-360 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WILD PRAIRIE ESTATES, PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, Kennedy-Hilgenberg Enterprises, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Wild Prairie Estates, Part Three; 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 Wild Prairie Estates, Part Three, 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 19th day of 0ct. o ~' ": z~V~.._~~.9Z plxladrnin/res/wildpraLcloc Resolution No. 99-360 Page 2 It was moved by Thnrnberr~v and seconded by adopted, and upon roll call there were: Vande~'hoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB99-0021. Wild Prairie Estates, Part Three 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: October 7, 1999 Kennedy Hilgenberg Enterprises 1811 Dubuque Road Iowa City, Iowa 52240 Phone: 338-2192 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Preliminary plat approval To create a 30-lot residential subdivision with one outlot North Termini of Goldenrod Drive and Wild Prairie Drive 49.21 acres Vacant, RS-5 North: East: South: West: Vacant, ID-RS Residential, RS-5; Residential, elementary school, RS-5 and P; Residential, RS-5. Residential, 2-8 dwelling units per acre Chapter 14-7, Land Subdivisions August 26, 1999 October 1 O, 1999 The applicant, Kennedy-Hilgenberg Enterprises, Inc., is requesting a preliminary plat of Wild Prairie Estates, Part Three, a 49.21 acre, 30-lot residential subdivision with one outlot located at the north termini of Goldenrod Drive and Wild Prairie Drive. The proposed lot sizes range from about 10,000 square feet up to approximately 28,000 square feet. The proposed plat contains no open spaces or outlots. ANALYSIS: The proposed preliminary plat appears to be in general conformance with the City's Subdivision regulations. The proposal includes the platting of an additional 30 single-family residential lots along extensions of two existing streets and one new street. Both Goldenrod Drive and Wild Prairie Drive are to be extended to the north, and a new street, Prairie Grass Lane, is to connect the two extended streets. All three streets are proposed to continue to the north as development of the rest of the applicant's property occurs. A concept plan has been submitted indicating how Lot A, a 35.88 acre future development parcel located north of the proposed single-family lots, may be developed. Goldenrod Drive and Prairie Grass Lane are to be local streets, with 28-foot wide pavement within a 50-foot right-of-way. Wild Prairie Drive is a collector street, and would thus have a pavement width of 31 feet within a 60-foot wide right-of-way. Conditional Zoning Agreement: When this property was annexed and rezoned, it was done subject to four conditions. Three of the conditions had to do with the timing of the development of the property with respect to planned improvements to Rohret Road and the Westside Trunk Sewer (both of these projects have been completed). The fourth condition required that all infrastructure costs associated with the development be paid by the developer, including "those out-of-sequence costs usually reimbursed by the City." As per this agreement, the City is not responsible for the over-width paving costs of Wild Prairie Drive, a collector street, or any over-sized utilities within the development. Neighborhood Open Space: Three outlots were dedicated to the Iowa City School District at the time the preliminary plats for Parts One and Two of this subdivision were approved. These areas include land for walkways to the east and west of Irving Weber Elementary School, as well as a storm water management area to the north of the school which may double as usable open space. Staff has discussed the possibility of creating an additional pedestrian access to the school property from the north adjacent to the storm water management area. However, this connection would benefit a relatively small number of lots. For most, a walkway in this location would not be much more direct than the use of existing street sidewalks along Wild Prairie Drive and Goldenrod Drive to the existing school access walkways created within Parts One and Two. The concept plan submitted in association with this application indicates that property to the north along Willow Creek may be offered to the City for open space. Based on the size of the property, 49.21 acres, a total of 1.08 acres of open space will be required. The size of Willow Creek area appears to be much larger than that. Staff recommends that land not be dedicated within Part Three at this time, but that the City acquire open space along Willow Creek as future development occurs on the property to satisfy this requirement. This would allow the future extension of the Willow Creek trail in this area, and, if more than the required 1.08 acres is dedicated to the City, the extension of a linear open space network along the creek that is beginning to develop. Sensitive Areas Ordinance: Lot A contains Willow Creek, a stream corridor, requiring the submittal and approval of a sensitive areas site plan. However, the stream corridor is located several hundred feet from the area that is proposed to be developed within Part Three. Staff feels that a note on the plat indicating that the stream corridor exists on the property and that it will be dealt with when Lot A is developed would be sufficient at this time. This should also be referenced in the legal papers at the time of final plat approval for this plat. At the time that Lot A is proposed for development, the stream corridor can be delineated, conservation easements established, and proposed development in the area reviewed with relation to its impact on the stream corridor. Sanitary Sewer Capacity: The Willow Creek Trunk Sewer has been upgraded from Highway 218 to the southeast to address capacity constraints within this area. The Capital Improvements Plan includes a project for fiscal year 2001 that will continue these improvements under Highway 218 and west to the Iowa City Landfill. The existing sanitary sewer in place to serve this area is near capacity at this time. According to the City Engineer, there have been no reports of surcharging to-date, and inspections have indicated that some capacity remains. However, it should be noted that additional development within the area depends on the upgrade of the existing sewer. If additional development is to be permitted within this neighborhood, it is important that the planned 2001 improvements proceed as scheduled. Water/Sewer Extension Fees: A water main extension fee of $395 per acre will be required as a result of this plat. In addition, a sanitary sewer tap-on fee of approximately 8740 per acre will also be required. STAFF RECOMMENDATION: Staff recommends that SUB99-0021, a request for a preliminary plat of Wild Prairie Estates, Part 3, a 49.21 acre, 30-lot residential subdivision with one outlot located at the north end of Goldenrod Drive and Wild Prairie Drive, be approved. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. 3. Concept Plan. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development CITY OF IOn:A CITY I P HUNTERS RUN PARK P RS 5 DUCK SITE LOCATION: Wild Prairie Estates, Part 3 SUB99-0021 t :::::i:::' :' ":::::::::'::.':' 6f-- Prepared by: Chuck Schmadeke, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 99-361 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WATER FACILITY IMPROVEMENTS, DIVISION 1: WATER TREATMENT PLANT, DIVISION 2: WELL HOUSES, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authodzed 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 Ci~ of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 7 day of December, 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 his 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 7~h day of December, 1999, or at such later meeting of the City Council as scheduled if deferral of said action is necessary. Passed and approved this 19th ATTEST: dayof 0~/,,t./, ,1999. __ 'm~'AYOR "" ' City Attorney's Office It was moved by Thornberry adopted, and upon roll call there were: AYES: NAYS: X X X X X X X pweng/res/waterfac2.doc and seconded by Norton ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be Prepared by: Kim Johnson, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356- RESOLUTION NO. 99-362 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION, AND A SIDE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR CONSTRUCTION OF THE HIGHWAY 6 PEDESTRIAN BRIDGE OVERPASS PROJECT [STP-U-3715(14)-70-52]. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this resolution and by this reference made a part hereof; and WHEREAS, the City of Iowa City, Iowa has negotiated a side agreement with the University of Iowa, said agreement being attached to this resolution and by this reference made a part hereof; and WHEREAS, the City of Iowa City supports and endorses this project because it will provide a safe passageway for pedestrians across Highway 6; and WHEREAS, the University of Iowa has agreed to provide local matching funds and all portions of the total project cost in excess of the IDOT grant, and to conduct all administration and inspection of the construction of a pedestrian bddge overpass; and WHEREAS, the City Council deems it in the public interest to enter into said agreements for the construction of a pedestrian bddge overpass. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreements, and the agreements are approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa DOT for STP funds. 3. The Mayor is authorized to sign and the City Clerk to attest the side agreement between the City of Iowa City and the University of Iowa. 4. Staff is authorized to provide any additional documentation required by Iowa DOT. Passed and approved this ATTEST: ~ CI~CLERK MAYOR City Attomey's Office Resolution No. 99-362 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kub_by Lehman Norton O'Donnell Thornberry Vanderhoef SIDE AGREEMENT FOR CONSTRUCTION OF UNIVERSITY OF IOWA HIGHWAY 6 PEDESTRIAN BRIDGE This is an agreement between the City of Iowa City (hereinafter referred to as "City"), and the University of Iowa (hereinafter referred to as "University") to allocate responsibilities with respect to the construction project (hereinafter referred to as "Project") to construct a pedestrian bridge that will span Highway 6 and the CRANDIC railroad near the University of Iowa International Center. The City has applied for and received a grant of $527,101 from the Iowa Department of Transportation (hereinafter referred to as "IDOT") which is 39% of the $1,343,000 estimated total project cost, to complete the pedestrian bddge construction project. As an inducement for the City to enter into a contract with IDOT for the Project, the University agrees to provide certain funding, construction and construction management for the Project, as more fully set forth herein. I. City responsibilities: A. The City agrees to enter into an agreement with IDOT for the purpose of financing the Project, identified as Project #STP-U-3715(14)--70-52, IDOT agreement #99-STPU-62. B. The City agrees to be the local government agency for carrying out this project for purposes of IDOT funding. C. The City agrees to cooperate with and coordinate activities with the University in connection with the University's construction of the Project. The City agrees to forward to the IDOT all requests for payment 'submitted by the University, and upon receipt from IDOT of such funds, to timely reimburse the University for such costs incurred. Both parties acknowledge that the IDOT may withhold a portion of these funds until their internal audits are complete. The City's financial contribution to the Project shall be the amount of the grant from IDOT Of $527,101 not to exceed 80% of the construction cost, including utility relocations. Should the actual total project cost exceed the estimated total project cost. such additional costs shall be the responsibility of the University. II. University responsibilities: A. The University agrees to provide at its cost, the necessary real estate for construction of the pedestrian bddge. Subject to Section I.E of this agreement, the University's financial contribution to this project shall be all portions of the total project cost in excess of the IDOT grant. The University's contribution may include institutional road funds. B. The University, in conjunction with IDOT, agrees to undertake construction of the pedestrian bddge project and to arrange for all necessary construction management services, equipment, personnel, and facilities necessary to carry out and complete the Project. Unless otherwise specified hersin, the University agrses that it will assume and will undertake on behaff of the City the City's rssponsibilities set out in IDOT Project #STP- U-3715(14)--70-52; IDOT agreement #99-STP-U-62 and any attached exhibits, which agrsement is hersby made a part of this agrsement. The University agrses that it will assume and will undertake on behalf of the City all rssponsibilities of the City under any Utility Relocation Agrsement between the City and any utility. D. The University agrses to coordinate and cooperate with the City with respect to the various construction and other activities it undertakes in connection with the Project. The University agrses that should the Project not be completed within two years of the date of commencement of work, or such later date as the parties may agrse, the University shall repay all sums advanced or paid to it by or through the City or IDOT in connection with this project. The University agrses to be responsible for any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this Project which dirsctly rssults from the negligent acts or omissions of the University. Parties agree that the University is self-insursd and shall provide a certificate of insurance upon request. BY: ~. ~ Emest W. Lehman, Mayor Attest: ..'~.,,~~ Maria~ K. Karr, City Clerk THE UNIVERSITY OF IOWA BY ,~,ichael J. Finnegan A '~ Date: Dd~h4¢. Iq, Iqq? Date: Approved by the City Attorney's Office: July 1999 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL-AID SURFACE TRANSPORTATION PROGRAM (STP) PROJECT RECIPIENT: PROJECT NO.: IOWA DOT City of Iowa City STP-U-3715(14) AGREEMENT NO.: 99-STPU-62 - 70-52 This is an agreement between the City of Iowa City, Iowa (hereina~er referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinafier referred to as the DEPARTMENT). Iowa Code Sections 306A and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. The RECIPIENT proposes a Surface Transportation Program (STP) project for funding under Sec. 133 (b) of Title 23, United States Code. The Transportation Equity Act for the 21 st Century (TEA-21), enacted in 1998, reestablished the Surface Transportation Program (STP). Federal regulations provide that the STP funds are to be administered by the DEPARTMENT. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees to provide STP funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. , All notices required under this agreement shall be made in writing to the DEPARTMENT and the RECIPIENTs contact person. The DEPARTMENT's contact person shall be the Local Systems Engineer of the East Central Iowa Transportation Center. The RECIPIENT's contact person shall be the City Engineer. Agreement No.: 99-STPU-62 Page 2 The RECIPIENT shall be responsible for the development and completion of the following described STP project: Pedestrian bridge overpass of U.S. No. 6 aid CRANDIC Railroad located between WooIf Avenue and Iowa Avenue The RECIPIENT shall receive reimbursement of Federal STP funds for authorized and approved project costs of eligible items. The portion of the eligible project costs paid by Federal STP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the Johnson County Council of Government Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. This agre~ement will become null and void if the project described in Section 3. drops out of the Johnson County Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds. 6. The attached EXHIBIT 1 will apply and is hereby made a part of this agreement. Agreement No.: 99-STPU-062 Page 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 99-STPU-062 as of the date shown opposite its signature below. RECIPIENT: City of Iowa City October 19 , 1999 Title Mayor I, Marian K. Karr , certify that l am the Clerk of the CITY, and that Ernest W. Lehman , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 19th day of October ,1999. Signed 7}q~,t,,-~t,.~,) ~. 'ida,4/~ ) City Clerk of Iowa C i ty , Iowa Date October 19 , 1999 IOWA DEPARTMENT OF TRANSPORTATION Project Development Division Roger R. Walton, P.E. Local Systems Engineer East Central Iowa Transportation Center July 1999 EXHIBIT 1 Standard Provisions for Federal-Aid Project Agreement , Since this project is to be financed with local and Federal funds, the RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, subrecipients, and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age or handicap/disability. The DEPARTMENT will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federal-aid projects. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the DEPARTMENT's Action Plan for project environmental studies including historical/cultural reviews and location/design approval. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). The RECIPIENT shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for review and authorization to let the project. , If Federal-aid is requested for in-house engineering services, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. The RECIPIENT, desiring to claim indirect costs under Federal awards, must prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A-87 - Cost Principles for State, Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the governmental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the governmental unit. If Federal-aid is requested for preliminary and/or construction engineering costs, the RECIPIENT will select a consultant(s) in accordance with the DEPARTMENT's consultant selection process. EXHIBIT I -2- The RECIPIENT and the Consultant shall prepare a consultant contract for engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). This is required only if the RECIPIENT uses federal funds for engineering services. , After the contents of the consultant contract have been mutually approved, the RECIPIENT shall execute the contract and forward the same to the DEPARTMENT for authorization only if federal funds are used for engineering services. , If preliminary engineering is federal ly funded, if the "do nothing" alternate is not selected, and if right-of-way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay to the DEPARTMENT an amount equal to the amount of Federal funds made available for such engineering. 10. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENT's Right of Way Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in Right of Way purchase are involved. The RECIPIENT will need to get environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get environmental concurrence and Federal Highway Administration's (FHWA) authorization before purchasing any needed right-of-way. 11. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 12. Traffic control devices, signihg, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and waming lights as necessary. 13. The RECIPIENT shall forward a Federal-aid Project Development Certification and final PS&E to the DEPARTMENT. Following FHWA's authorization, the DEPARTMENT will advertise the projects for letting and fumish the RECIPIENT with a sample letting package. The RECIPIENT shall comply with the public hearing requirements of the Iowa Code Section 384.102. EXHIBIT I -3- 14. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the DEPARTMENT in accordance with its normal letting procedures. After bids are received and reviewed, the DEPARTMENT will fumish the RECIPIENT with a tabulation of responsive bids received. 15. When let by the DEPARTMENT, the DEPARTMENT will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DEPARTMENT will mail three (3) originals of the unexecuted contract(s) to the RECIPIENT. 16. The RECIPIENT shall take action to award the contract or reject all bids. Following award of contract and signature by the lowest responsive bidder, the RECIPIENT shall forward to the DEPARTMENT two (2) copies of the fully executed contract, two (2) copies of the performance bond, and two (2) copies of the certificate of insurance. 17. If Federal-aid is requested for force account construction, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. 18. The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for Federal Highway Administration (FHWA) approval and obligation of Federal-aid funds. 19. The RECIPIENT shall comply with the procedures and responsibilities for materials testing and construction inspection according to Department's Instructional Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing services according to its normal policy. 20. The project shall be constructed under the DEPARTMENT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. 21. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay the sum or sums of Federal funds in the right 0fway to the DEPARTMENT. 22. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 23. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. EXHIBIT 1 -4- 24. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. 25. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make such materials available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the RECIPIENT if requested. 26. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. 27. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. 28. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): a, The RECIPIENT stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b, The RECIPIENT agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 29. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 30. It is the intent of both parties that no third party beneficiaries be created by this agreement. EXHIBIT 1 -5- 31. If the RECIPIENT elects to levy special assessments as a means of raising the local share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code Chapter 384. The RECIPIENT agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the RECIPIENT) from special assessments levied for this project exceed the local share of total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. The RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment have been satisfied. The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. 32. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 33. This agreement, as set forth in items 1 through 6 and EXHIBIT 1 paragraphs 1 through 33 herein, constitutes the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. Prepared by: Jim Schoenfelder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 99-363 RESOLUTION APPROVING THE DESIGN OF THE EXTERIOR TO THE WHITEWAY 2000 PROJECT AT 210-212 S. CLINTON STREET. WHEREAS, the applicant, Neumann Monson Architects on behalf of Marc Moen has filed an application for the design approval of the exterior design of the Whiteway 2000 Building, hereafter "Project;" and WHEREAS, given that the project consists of new construction occurring on a parcel that was part of urban revitalization known as Section 36-20.5 Central Business Support Zone (CB-5) and subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Public Works Department, Engineering Division, has been reviewed by the Design Review Committee and after due deliberation has recommended the design of the project be accepted and approved, subject to the following conditions: 1. That the final design of the canopy and signage be submitted to the Design Review Committee for approval. WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The design of the exterior of the Whiteway 2000 Building be approved, subject to the following conditions: The final design of the canopy and signage be submitted to the Design Review Committee for approval. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Resolution No. 99-363 Page 2 Passed and approved this 19th day of October ,1999. A'I'FEST: C~ YOR rove City Attorneys Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: pweng/res/v~iteway.doc X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef DESIGN REVIEW APPLICATION · Urban Renewal · Urban Revitalization · City Plaza e e Preliminary Review ~,, Final Review (Check one) Address of Project: Name of Applicant: Contact Person: ~ ~~ P~ - Phone number: Project Description: Project Time Schedule: Ten copies of all drawings and written materials must be submitted along with this application. The following requirements must be submitted unless the Design Review Committee staff person has waived submission of any of the requirements (Check all that have been submitted with application): Site analysis & site plan N_/_~// Landscaping plan Building elevations Sectional drawings Drawings of proposed signs~ ~ ~Le, VAT. Lighting plan Additional information (as provided by the applicant): Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal require- ment. All submittal requirements should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. Please refer questions to Design Review Committee staff assistant, 356-5044. ( 1 ) If project ' ' ' '~' ' ' includes mgns, apphcant u~t eg e~rnR sign apphcatlon. Signature of Applican~// Date: ecodev%drcapp.ure FOR AGENCY USE ONLY Design Review Committee, Actiota ..... Recommend approval Recommend approval ,with conditions: Fl~end di~pp~ll Approval ApprovE1 wilh conditions: · .. Denial whiteway 2000 neumann monson p.c. east elevation (west similar) whiteway 2000 south elevation neumann monson p.c. t- '1 CLINTON STREET I C~ ~  ~ x oo~p ~ ~ ~ II II /~'~ 79.72' (DIM. FROM STRINGLINE) / II ~:Z .......................P~B~B~E'6"~OEBT~'8"Y~ ................~ RExISTING BUILDING LINE  PAD x~x F .ZO.r ' ~ ~ ' ~ ~ ~ ~ EXISTING BRICK BUILDING LINE f ~ [ { { ~ ~.j,c: ~,~,.. ~ Iowa City, Iowa ($19) 351-8282 ~__~ ] ~ ~ ~ <) CIVIL ENGINEER[~ 0 LAN~ SURVEYING O ~ ~ " <) LAN]SCAPE A~CHITEBTURE 0 ~ O SIlE AND LAND ]EVEL~MENT PLANNINB (> 1~35030~dw9 8-~5-99 7:37e0 am CST m ., r. -! Z /I 0 0 \ \ -,, \ \ \ \ \ \ \ \ \ \ \ \ \ ~zH2 OOOm -- OO~r 0 ~b< Z 0 > Z I I I Z > Z ~-~® a ' >(D GIi' I I I ~ ® I ® z ,._4F (D ®-- _,,/- I (~) HALL SECTION o PIER (Z) TYPICAL HALL r--'JECTION IMONSON PC 111 E Colege St, Plaza Iowa CH¥. IA 52240 Fox, 319-338-787g Tele, 319--338-7876 WHITEWAY2000 BUILDING 210.-212 S. CI..NTON ST. IOWA CITY, IOWA 123N. Linn Steer A-301 I 2 3 4 5