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HomeMy WebLinkAbout2005-09-20 Resolution Prepared by: John Yapp, JCCOG, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 05-309 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR A'I-rAINMENT PROGRAM (ICAAP) FOR THE FIRST AVENUE/IOWA INTERSTATE RAILROAD GRADE SEPARATION PROJECT WHEREAS, the Iowa Department of Transportation has made funds available for projects to reduce vehicle emissions; and WHEREAS, First Avenue in Iowa City is an important arterial street that carries over 20,000 vehicles per day and is a primary emergency response route; and WHEREAS, delay on First Avenue caused by trains blocking traffic flow causes traffic congestion, which produces excessive levels of vehicle emissions; and WHEREAS, a First Avenue/Iowa Interstate Railroad grade separation project has been developed which will eliminate train blockages; and WHEREAS, outside funding sources such as the Iowa Clean Air Attainment Program will be required to complete the grade separation project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Staff is authorized to submit an application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program funds. 2. Staff is authorized to file any additional documentation that is required by the Iowa Department of Transportation. 3. The City agrees to maintain any and all public infrastructure required to complete the grade separation project for the project's useful life if funding is approved. 4. The City of Iowa City agrees to commit to the 20% matching funds for project implementation. 5. The Mayor is authorized to sign the application form and any subsequent grant contracts with the Iowa Department of Transportation. Passed and approved this 20th day of September ,2005. MAYOR Approved bY ,~ _ C'I'I'Y"CLERK ' Cibj Att~rney'~ O-ffi'ce jccogtp/res/lstAve-gradesep.doc Resolution No. 05-309 Page 2 It was moved by Champion and seconded by o' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey x Champion x Elliott × Lehman × O'Donnell × Vanderhoef x Wilburn Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 05-310 RESOLUTION ACCEPTING THE WORK FOR THE WATERWORKS (PRAIRIE) PARK BUTLER HOUSE/AMPHITHEATER TRAILS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Waterworks (Prairie) Park Butler House/Amphitheater Trails Project, as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated March 16th, 2004, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $125,291.68. 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. day of September , 20 05 Approved by CI~EERK ~t~, ,~,tt o r-n e y' s/Offi c-"~ Resolution No. 05-3t0 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman x O'Donnell × Vanderhoef X Wilburn Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-311 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED t029 BOWERY STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of an Agreement in the amount of $15,000, executed by the owner of the property on October 15, 2003 and recorded on October 16, 2003, in Book 3655, Page 866 through Page 886 in the Johnson County Recorder's Office covering the following described real estate: Lot six (6) and the east forty (40) feet of Lot five (5), in Subdivision of Lots 5 and 6, Block 3, Summit Hill Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 3, Page 79, Plat Records of Johnson County, Iowa. WHEREAS, Iowa State Bank and Trust Co. is refinanced a mortgage in the amount of $202,000 to the owner of 1029 Bowery Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Iowa State Bank and Trust Co. has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Iowa State Bank and Trust Co.; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa State Bank and Trust Co., Iowa City, Iowa. Resolution No. 05-311 Page 2 Passed and approved this_Z0th day of September ,20 05 Approved by ATTEST: ~/!~,~_~ /~M....~Z,f/~) ~:~g~~-.~ ~_(~.o~"' ClT'C~LERK ' ' City Attorney's Office It was moved by Champion and seconded by 0'Donnell. the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey x Champion x Elliott x Lehman × O'Donnell × Vanderhoef X Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and IOWA STATE BANK AND TRUST 'CO., IOWA ClTY~ Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Agreement which at this time is in the amount of $'15,000, and was executed by Jamie Powers (D.B.A. Deluxe) (herein the Owner), dated October 157 2003, recorded October 16, 2003, in Book 3655, Page 866 thru Page 886 Johnson County Recorder's Office, covering the following described real property: Lot six (6) and the east forty (40) feet of Lot five (5), in Subdivision of Lots 5 and 6, Block 3, Summit Hill Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 3, Page 79, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $202,000 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Agreement held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Agreement held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Agreement of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this~:)*'h day of ~e.~,-,~-,,.-- ,20 CITY OF IOWA CITY FINANCIAL INSTITUTION Pegg~ aJ ~Do gr ge'7 Vice'resident Iowa State Bank & Trust Company Attest: City Clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of ~m-) ~,~,~-,~,.- ,20 0_5, before me, the undersigned, a Notary Public in and for the State of~lowa, i~ersonally appeared E-,-n~ ~). L..~.~v,-,~.~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. o,,~- 3// passed (the Resolution adopted) by the City Council, under Roll Call No. - -- of the City Council on the ~, day of ~ecr~,,,~e.v-- ,20 o,5 , and that ,F---.~rt,.=~ I~. L~I~,.~,~, and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. I o-~1" sO~O~E FORT I I~J~ ~.lCommission Number 1597911 .~z~. ~ I'..~._ '1 My Commission Expires ! ' I ~"r'~l ~./.,/,/~ | Notary Public in and forthe State of Iowa SUBORDINATION AGREEMENT PAGE 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on September 9th , 2005 by Peggy J Doerge (name(s) of person(s))as Vice President (type of authority, e.g, officer, trustee, etc.) of Iowa State Bank & Trust Compan), (name of party of behalf of whom instruments was executed). I ERIC OLSEN (~-~'~ e~ Commission Number 728645 r- ~ ~ My Commission Expires /ow~, ~/~cI /o '7 Notary Public in a a My Commission expires: 05/24/2007 Prepared by Jann Ream, Code Enforcement Assistant, 410 E. Washington St., Iowa City, IA 52240 RESOLUTION NO. 05-312 RESOLUTION APPROVING THE DESIGN OF THE EXTERIOR DOORS FOR "STUFF BOUTIQUE" AND A NEW MALL EXITING DOOR AT OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET. WHEREAS, the applicant, Hodge Construction, has filed an application for the design approval of the exterior doors for "Stuff Boutique" and a new exiting door at Old Capitol Town Center located at 201 S. Clinton Street, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is 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 Housing and Inspection Services Department, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved and 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: 1. The design of the Clinton Street exterior doors for "Stuff Boutique" and the new exiting door at Old Capitol Town Center located at 201 S. Clinton Street be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 20tt~ day of September 2005 Approved by C I~F'Y CLERK 'C(t~ ,~t{o"'~ey's' Office Resolution No. 05-312 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: ',lAYS: ABSENT: x Bailey x Champion × Elliott × Lehman x O'Donnell x Vanderhoef x Wilburn Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (SUB05-00024) RESOLUTION NO. 05-313 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CARDINAL RIDGE, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development Co., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Cardinal Ridge; 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 Cardinal Ridge, 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 this 20tt~ day of~ MAYOR Ci{y'Att~rney's'Off~e - ' It was moved by T~ 1 ~,,~-,~ and seconded by 0'])onne]_]_ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion ~ Elliott × Lehman × O'Donnell × Vanderhoef × Wilburn ppdadmin~res\cardinal ridge.doc Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 05-314 RESOLUTION APPROVING THE CALL TO ARTISTS FOR TWO PUBLIC ART PROJECTS; ONE EACH IN THE KICKER'S SOCCER PARK AND THE SYCAMORE GREENWAY TRAIL. Whereas, the Iowa City Public Art Program Acquisition Procedures provide for City Council consideration of each "Call to Artists" and project budget; and WHEREAS, the Public Art Advisory Committee has determined that artwork in City parks should be the primary art projects for FY07 and FY08; and WHEREAS, the Public Art Advisory Committee, after visiting a number of prospective parks, determined that the Kicker's Soccer Park and the Sycamore Greenway Trail should be prioritized for the installation of artwork in those areas: and WHEREAS, the Public Art advisory Committee, at their meeting on September 1, 2005 recommended approval of same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Calls to Artist and Project Budget, attached herewith, for two potential Public Art projects at Kicker's Soccer Park and the Sycamore Greenway Trail are hereby approved. Passed and approved this 20~h day of September, 2005. cITY ~;L-'ERK ' ' City Attorney's Office It was moved by Champion and seconded by ]~ail~v the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion × Elliott × Lehman × O'Donnell × Vanderhoef × Wilburn neighbor/publicart/res/call to artists.doc The Public Art Program of the City of Iowa City was established in September II ~0 /~r~' 1997. The intention of the CO I$ 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 ~ I ~ of art in public projects and places. The Public Art Program is supported by an allocation of $50,000 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. 2005 Membership: Charles Felling Rick Fosse James Hemsley Emily Martin Mark Seabold Terry Trueblood Emily Carter Welsh Weatherdance (detail of plaza paving) by Myklebust-Sears, 1999 Iowa City Public Art Program Project Opportunity Background and Site Description The City of Iowa City has funded the Public Art program for the past seven years and has seen a variety of sculptures and other artwork purchased and installed in the downtown Iowa City area. Most recently, a Neighborhood Art Project has produced artwork in 3 neighborhoods of Iowa City. The Public Art Advisory Committee has decided now to focus their attention to City parks. Two parks have initially been selected for consideration: The Iowa City Kickers Soccer Park and the Sycamore Greenway Trail area, both located on the south side of Iowa City and adjacent to each other. Your artwork has been initially selected by the Public Art Advisory Committee to be considered for installation in the Sycamore Greenway Trail. The Sycamore Greenway Trail is an approximate 2-mile trail between Lakeside Drive and the Kickers Soccer Park and was completed in 2002. The 220 foot wide greenway corridor consists of terraced wetlands that provide storm water management for approximately 600 acres in southeast Iowa City. The wetland vegetation in the greenway is very colorful and creates a habitat for many colorful birds and other wildlife. The nearby neighborhood residents particularly enjoy the trail and trail connections are planned to continue to connect the Greenway Trail with the new neighborhoods developing in the area. Photos and a map of the trail area are available by contact Marcia Klingaman (contact information available at the end of this call.) There are a number of locations along the Sycamore Greenway that would provide a great venue for a sculpture. Members of the Public Art Advisory Committee, City Council and the artist will work collaboratively to determine the most suitable site. Design Considerations/Project Goals, · To provide an eye-catching and stimulating sculpture suited to a wide variety of age groups who use the trail. · To add to the visual appeal of the greenway. To provide a sculpture that requires minimal maintenance and is vandal resistant · Kinetic sculptures are encouraged. Submission Materials A. Artists should submit twelve (12) collated sets of printed submission materials, organized in the specific order as described below. 1. A letter of interest (one page maximum) including any background information that would support the artist's qualifications for this project. Include public art experience with budget size of past projects. 2. A current professional r6sum6. 3. A page listing three (3) references. It is emphasized that letters of recommendation are not requested. B. Artists can submit up to three available works for consideration and up to three views of each work on 35mm slides or digital photo on CD. Electronic media is preferred. The slides or photos must be presented following the instructions below: Label slides and CD photos as follows: · Number of photo in upper right hand corner · Name of artist at top · Title of work & price below photo · Red dot in lower left hand corner (slides only) D. All materials submitted will become property of the Iowa City Public Art Advisory Committee and additional views or details may be required at the discretion of the Committee. SUBMISSIONS MUST BE RECEIVED BY 5:00 P.M. FRIDAY, OCTOBER 28, 2005 Send To: MARCIA KLINGAMAN PLANNING & COMMUNITY DEVELOPMENT CITY OF IOWA CITY 410 EAST WASHINGTON STREET IOWA CITY, IOWA 52240 Inquiries: 319 356-5237 or Marcia-Klin.qaman~,iowa-cit¥.or.q ppddir/call to artists,doc Call To Artists The Public Art Advisory Committee of the City of Iowa City is inviting a select number of artists chosen from the current City of Iowa City Artist's Slide Registry to submit slides or digital photos of either completed 3-dimensional sculptures available for purchase or sketches of a proposed 3-dimensional commissions sculpture for placement in the Sycamore Greenway Trail by June 1,2006. DEADLINE FOR SUBMISSION IS OCTOBER 28, 2005. Project Parameters · The outcome of this project should be a sculpture of sufficient size to create a presence in a large open space. e Artist must be able to coordinate the delivery and installation of the sculpture with City staff. · Materials and design must be durable. The resulting project will be subject to interaction with the public 24 hours a day in areas that are not continually monitored. · Maintenance methods must be developed and documented and provided to the City for future reference. Project Budget Budget will include acquisition; food, lodging and transportation for the artist; materials; shipping if necessary; installation and any subcontracting. Total budget for the project should not exceed $35,000. The City will provide a concrete pad, flush with the ground at a size acceptable to the artist. Project Timeline Installation will occur no later than June 1, 2006 Selection Process Submitted materials will be reviewed by the Public Art Advisory Committee and a recommendation of a selected artist made to the City Council. Final selection of the artist is made by the City Council. Deadline for Receipt of Materials: Friday, October 28, 2005 by 5:00 P.M. 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 integrati°n and placement of art in public projects and places. The Public Art Program is supported by an allocation of $50,000 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. 2005 Membership: Charles Felling Rick Fosse James Hemsley Emily Martin Mark Seabold Terry Trueblood Emily Carter Welsh Weatherdance (detail of plaza paving) by Myklebust-Sears, 1999 Call To Artists The Public Art Advisory Committee of the City of Iowa City is inviting a select number of artists chosen from the current City of Iowa City Artist's Slide Registry to submit slides or digital photos of either completed 3-dimensional sculptures available for purchase or sketches of a proposed 3-dimensional commissioned sculpture for placement in Iowa City Kickers Soccer Park by May 1, 2006. DEADLINE FOR SUBMISSION IS OCTOBER 28, 2005. Project Parameters · The outcome of this project should be a sculpture of sufficient size to create a presence in a large open space. · Artist must be able to coordinate the delivery and installation of the sculpture with City staff. · Materials and design must be durable. The resulting project will be subject to interaction with the public 24 hours a day in areas that are not continually staffed. · Maintenance methods must be developed and documented and provided to the City for future reference. Project Budget Budget will include acquisition; food, lodging and transportation for the artist; materials; shipping if necessary; installation and any subcontracting. Total budget for the project should not exceed $35,000. The City will provide a concrete pad, flush with the ground at a size acceptable to the artist. Project Timeline Installation will occur no later than May 1, 2006 Selection Process Submitted materials will be reviewed by the Public Art Advisory Committee and a recommendation of a selected artist made to the City Council. Final selection of the artist is made by the City Council. Deadline for Receipt of Materials: Friday, October 28, 2005 by 5:00 P.M. Iowa City Public Art Program Project Opportunity Background and Site Description The City of Iowa City has funded the Public Art program for the past seven years and has seen a variety of sculptures and other artwork purchased and installed in the downtown Iowa City area. Most recently, a Neighborhood Art Project has produced artwork in 3 neighborhoods of Iowa City. The Public Art Advisory Committee has decided now to focus their attention to some of our City parks. Two parks have initially been selected for consideration: The Iowa City Kickers Soccer Park and the Sycamore Greenway Trail area, both located on the south side of Iowa City and adjacent to each other. Your artwork has been initially selected by the Public Art Advisory Committee to be considered for installation in the Iowa City Kickers Soccer Park. The Soccer Park is a 108 acres property that was opened to the public in April 1997. The park includes 2 picnic shelters, a restroom building, concession stand and six mini soccer fields for younger age groups, six medium fields, and five full-sized soccer fields. Photos and a map of the park are available by contacting Marcia Klingaman (contact information available at the end of this call). There are a number of locations in the soccer complex that would provide a great venue for a sculpture. Members of the Public Art Advisory Committee, City Council and the artist will work collaboratively to determine the most suitable site. Design Considerations/Project Goals · To provide an eye-catching, fun and stimulating sculpture particularly suited to the young soccer players and their families/spectators. · To add to the visual appeal of the soccer park and create a focused area for social activity. · To provide a sculpture that requires minimal maintenance and is vandal resistant. Submission Materials A. Artists should submit twelve (12) collated sets of printed submission materials, organized in the specific order as described below. 1. A letter of interest (one page maximum) including any background information that would support the artist's qualifications for this project. Include public art experience with budget size of past projects. 2. A current professional rbsumb. 3. A page listing three (3) references. It is emphasized that letters of recommendation are not requested. B. Artists can submit up to three available/proposed works for consideration and up to three views of each work on 35mm slides or digital photo on CD. Electronic media is preferred. The slides or photos must be presented following the instructions below: Label slides and CD photos as follows: · Number of photo in upper right hand corner · Name of artist at top . · Title of work & price below photo · Red dot in lower left hand corner (slides only) D. All materials submitted will become property of the Iowa City Public Art Advisory Committee and additional views or details may be required at the discretion of the Committee. SUBMISSIONS MUST BE RECEIVED BY 5:00 P.M. FRIDAY, OCTOBER 28, 2005 Send To: MARCIA KLINGAMAN PLANNING & COMMUNITY DEVELOPMENT CITY OF IOWA CITY 410 EAST WASHINGTON STREET IOWA CITY, IOWA 52240 Inquiries: 319 356-5237 or Marcia-Klingaman~,iowa-citv.or.q ppddir/call to artists.doc Prepared by: Ronald Knoche, City Engineer, PW, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 05-315 RESOLUTION REJECTING BIDS RECEIVED ON SEPTEMBER 8, 2005 FOR THE JC DOG PAC DOG PARK PROJECT, WHEREAS, bids were received on September 8, 2005, for the JC Dog PAC Dog Park Project, and the bid exceeded the Engineer's Estimate by 32%; and WHEREAS, the Department of Public Works recommends that the Council reject all bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT all bids received on September 8, 2005 for the JC Dog PAC Dog Park Project are rejected. Passed and approved this ~ day of September ,20 05 · Approved by CITY OEERK ' ' Ci'ty'A'ttome~;'s 0f~ice~ - It was moved by ¥~nderhoef and seconded by Bai'le¥ the Resolution be adopted, and upon roll call there were: AYES:. NAYS: ABSENT: × Bailey x Champion × Elliott × Lehman × O'Donnell × Vanderhoef × Wilburn pweng/res/rejectdogpark.doc ADVERTISEMENT FOR BIDS IOWA CITY DOG PARK PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 8th day of September, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 20th day of September, 2005, or at such later time and place as may be scheduled. The Project will involve the following: This project is for the construction of major elements of the JC DogPAC Dog Park Project and 810 SF of 6 inch concrete sidewalk, 1,000 gallon waste holding tank, 50.11 Stations of 5 foot high "no climb" wire fence, 315 SF of concrete pavers, 35 tons of granular surfacing, 207 LF of chain link fencing, six - four foot wide man gates, three - twelve foot wide maintenance gates, landscape plantings and 310 LF of drainage swale reshaping. This project also includes an alternate for a pond. Construction elements of this pond include 3,200 CY of earthen excavation, 950 CY of pond liner, 480 LF of 5 foot high "no climb" wire fence, 560 LF of drainage swale reshaping, and 480 LF of liner water line with a yard hydrant. All work is to be done in strict compliance with the plans and specifications prepared by Shoemaker & 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 form 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 of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, AF-1 pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save 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) years from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 30 Specified Start Date: October 1,2005 Liquidated Damages: $200.00 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 City Engineer, Iowa City, Iowa, by bona fide bidders. A $35.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Treasurer of City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to 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 quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this AF-2 Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-3 Page 1 of 1 Marian Karr From: Terry Trueblood Sent: Monday, September 19, 2005 10:52 AM To: 'Bresnahm@aol.com' Cc: *City Council Subject: FW: Dog Park Your message was forwarded to me for response. The person you spoke with is correct.., the City will be carrying the liability insurance covering the dog park. There is no increase in our insurance premiums for this coverage. The DogPAC organization will be required to carry insurance only for special events they sponsor. If you have any other questions, please feel free to contact me. Terry Trueblood Director of Parks and Recreation City of Iowa City From: Bresnahm@aol.com [mailto:Bresnahm@aol.com] Sent: Thursday, September 15, 2005 10:35 AM To: council@iowa-city.org Subject: Dog Park I thought the Dog Park was to have their own insurance. I have been told by their official spokesperson that the City Park system will pay for insurance, and the only insurance the Dog Park organization will pay is when they have special events. How much will this liability increase the City's costs? 9/19/2005 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-316 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PRICING AMENDMENT TO THE LISTING AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK. WHEREAS, it is the goal of the Airport Commission to generate as much income as possible for the Iowa City Municipal Airport; and WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa Realty Commercial to sell and lease the property known as the Aviation Commerce Park subdivision and has subsequently extended the listing agreement to January 22, 2006; and WHEREAS, at its meeting on September 8, 2005, the Iowa City AirpOrt Commission approved a pricing amendment to the Listing Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT upon approval by the City Attorney the Mayor is authorized to sign and the City Clerk to attest an amendment to said Listing Agreement that adopts the Pricing Model shown as Exhibit E attached hereto. Passed and approved this. 20th day of ~eptember ,20 05 CI¥'f'~SLERK ' City Attorney's Office It was moved by Champion and seconded by V{~nderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey × Champion × Elliott × Lehman ~; , O'Donnell × Vanderhoef × Wilburn wpdataAairport~res~pdce amendment.doc EXHIBIT "E" AVIATION COMMERCE PARK Pricing Model Lots SizelSF Price psf. Purchase Price 1 + 2 947,866 $3.30 $3,131,724 Sale Pending 8 92,109 $7.50 $690,818 3-7 + 9-11 incl ROW 565,207 $4.95 ' $2,797,77'5 Totals 1,605,182 $6,620,316 The above pricing is valid as of 2005. Pricing is subject to review and adjustment at Commission/Owner's discretion. IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 12 September 2005 To: Mr. Steve Atkins Re: Concurrence on 2 Lot Scenario - ACP At last week's Iowa City Airport Commission September meeting, the Commission voted to concur with Mr. Harry Wolf's recommendation to proceed with a 2 Lot scenario in the marketing of the remaining parcels of Aviation Commerce Park. This concurrence is reflected in the meeting minutes. Respectfully, Randall D. Hartwig Chair, Iowa City Airport Commission IV tl IOWA REALTY COMMERCIAL , Coralvllt~, IA 52£41 COMMERCIAL REAL ESTATE SERVICES, WORLDWIDE. 319-354-0989 319-887.6565 Fax www. lowacommarclal, com August 26, 2005 Steve Addns City of Iowa Cit~ 4 ! 0 £. Washington Iowa Ci~, Ia 52240 Re R¢pricin; Aviation Commerce Dca~ Aft¢; c~¢fu] review o£th¢ ?-29-05 Cook Appraisal o£th¢ Aviation Commerce P~rk as w~ll as my own ;¢~sscssmcnt of thc market, I would recommend we amend thc listing o£th~ Pad~ as follows: Lot 8 at $?.50 per square foot and Lots 3-? + 9-11 incl POW ('l~rg¢ lot') at $4.95 ~¢; squ~r¢ foot. The listings ~11 be subject to ~e succ~ss~ ;~pla~ing ~d ~e compl~tion of improvements. ~ bo~ c~es ~e Lots shoed be '~ ;ead~', ~ o~e; wo;ds, ~c~e completed to ~e site, ~e site at a ;~onable ~sh ~d~, ~d no ~us~ soil conditions. ~ ~e c~ of ~ 'l~ge lot', ~e old pavement shoed b~ r~mov~d at ~e S~lle;s Z haw ~ched ~ ;evis~d E~bit D ~d E to ~e Listing a~e~ment ~ well as a ch~ of~ di~er~nce ~ th~ new p~c~g v~rsus ~e Ap~I 2004 p~cing mod~l ~ backwood. Should you ~ee ~ ~s ;eco~ndation, pl~e si~ below ~d w~ ~ll pmp~ doc~emation ~o; ~o~ execution. Regional Director Approved this day of Au~st, 2005. Steven Atkins, City Manager Eric over 200 cities across: The United States Mexico Canada South America Europe Officesa/$o in: Cedar Rapid$, /Awater/oo, /A INDIVIDUAL MEMBERSHIPS ['ffiii1 ~ 'nternati°nal C°unci' SlOP'~.of Shopping G,nt, r, CO~,,N n'r ...... ¢°> m_,. _~ .., PROPERTY EXHIBIT ~~. ~:::- NORTH AIRPORT DEVELOPMENT PART TWO ~ IOWA CITY, IOWA Prepared by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 5224.0, (319) 356-5030 RESOLUTION NO. 05-317 RESOLUTION APPROVING SETTLEMENT OF CLAIM, WHEREAS, Florence Hayslett has made a claim against the City of Iowa City with regard to alleged injuries sustained by Ms. Hayslett on August 14, 2004 upon entering the Farmer's Market at the Chauncey Swan Parking Ramp; and WHEREAS, the City and Ms. Hayslett wish to resolve the claim without litigation; and WHEREAS, it is appropriate to approve a payment to Florence Hayslett in the amount of $22,259.42 ($15,000 plus $7259.42 in medical expenses) in full satisfaction of any and all claims which the claimant may have against the City in the above matter, in consideration of the claimant's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. Said claim is hereby settled, and said settlement, as previously discussed in executive session on September 19, 2005, is hereby ratified for the sum of $22,259.42 payable to Florence Hayslett and her attorney of record, in full satisfaction of any and all claims. 2. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of an appropriate release. Passed and approved this 20th day of September ,2005. ATTEST: City Attorney's Office Resolution No. 05-317 Page 2 It was moved by o' Donnell and seconded by c~,.,~p4 ~, the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey × Champion x Elliott x Lehman × O'Donnell X Vanderhoef × Wilburn