HomeMy WebLinkAbout2000-02-15 Resolution 02-15-00
4d(2)
Prepared by: Kumi Morals, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436
RESOLUTION NO. 0{')-45
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE PUBLIC WORKS COMPLEX ADMINISTRATION BUILDING PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public headng 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 7~ day of March,
2000, 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 project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 15th day of F,~>a ry ,2000.
pwengVes~admnbldg .doc
1100
Resolution No. nr)-4 5
Page 2
It was moved by Champion and seconded by 0' Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTA I N:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilbum
02-15-00
4d(3)
Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 00-46
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF DODGE STREET BRIDGE WATER MAIN REPLACEMENT 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:
1. A public hearing on the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is to be held on the 7th day of March, 2000, 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. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the
above-named project in a newspaper published at least once weekly and having a general
circulation in the City, not less than four (4) nor more than twenty (20) days before said
hearing.
3. A copy of the plans, specifications, form of contract, and estimate of cost of 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 ].6th day of Febr'uar'.y ,2000.
rove
City Attorney's Office
It was moved by Champ1 on and seconded by 0'Donne] '1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTA ]~ N:
X Champion
X Kanner
X Lehman
X O'Donnell
× Pfab
Vanderhoef X
X Wilburn
pweng~res%dodgestbridge.doc
Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 00-47
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF IOWA AVENUE STREETSCAPE PHASE I IMPROVEMENTS 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:
1. A public headng on the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is to be held on the 7th day of March, 2000, 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. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the
above-named project in a newspaper published at least once weekly and having a general
circulation in the City, not less than four (4) nor more than twenty (20) days before said
hearing.
3. A copy of the plans, specifications, form of contract, and estimate of cost of 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 151;h day of Februar,y ,2000.
rove t
ATTEST: ) z~, '-~,2 City Attomey's Office
It was moved by Charnpion and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilburn
pwengVes~odgestbridge .doc
Prepared by: Ronald Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138
RESOLUTION NO. 00-48
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE BENTON STREET TURN LANE AND NED ASHTON MEMORIAL PARK
PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 7th day of March,
2000, 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 hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 15th day of /~~drTuary ,2 0>jv
CIT~ CLERK
City Attorney's Office
pweng\res\benton.doc
Resolution No. 00-48
Page 2
It was moved by Champion and seconded by O'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTA I N:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef X
Wilburn
i l'I~,!~ 02-15-00
4d(6)
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City IA 52240 (319)356-5053
RESOLUTION NO. 00-49
RESOLUTION SE'i'I'ING A PUBLIC HEARING TO DISCUSS THE PROPOSED
OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2000, THROUGH
JUNE 30, 2001, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO
THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL
YEAR 2004.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that public
hearings be held in the Civic Center at 7:00 p.m., February 29, 2000, to permit any taxpayer to be
heard for or against the proposed FY2001 Operating Budget and the Proposed FY2001-FY2003
Financial Plan and also the multi-year Capital Improvements Program through Fiscal Year 2004.
Passed and approved this 15thday of Febr'uar'y ,2000.
rove
ATTEST: ,~CiT~:.z..~-x.-.)~, "'~/~,,,o-~ Z'"
LERKT City Attorney's Office
It was moved by Champion and seconded by 0'Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAZ N:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilburn
~nadm\budget\pubhrg.doc
Prepared by: James Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO. 00-50
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN
AGREEMENT WITH MERCY HOSPITAL FOR TEMPORARY USE OF
PUBLIC RIGHT-OF-WAY ON JOHNSON STREET IN IOWA CITY, IOWA.
WHEREAS, Mercy Hospital will be undertaking the construction and expansion of its
facilities located at 500 E. Market Street, which expansion shall include the installation of
additional street and sidewalk lighting within the right-of-way on the west side of Johnson
Street and the north side of Market Street, the construction of a canopy which will extend
from the new addition into the Johnson Street right-of-way approximately two feet, and the
construction of a drop-off lane on the west side of Johnson Street adjacent to and centered
on the proposed addition to Mercy Hospital; and
WHf=REAS, Mercy Hospital's construction will take place along the west edge of Johnson
Street between Bloomington Street and Market Street, and along the north edge of Market
Street west of Johnson Street and Van Buren Street, and Mercy Hospital wishes to secure
the construction site against pedestrian traffic, as indicated in plans dated January 18, 2000;
and
WHEREAS, Mercy Hospital has requested the City permit temporary closure of portions of
the sidewalk on the west side of Johnson Street between Bloomington and Market Streets,
and the north side of Market Street west of Johnson Street to facilitate construction; and
WHEREAS, the City Engineering Division has reviewed Mercy's construction plans, and
finds that Mercy's request for the installation of additional street and sidewalk lighting on the
west side of Johnson Street and the north side of Market Street, the construction of a
canopy which will extend from the new addition into the Johnson Street right-of-way
approximately two feet, and the construction of a drop-off lane on the west side of Johnson
Street adjacent to and centered on the proposed addition to Mercy Hospital is a de minimus
intrusion which will not adversely affect the City's interest therein; and
WHEREAS, an agreement for temporary use of public right-of-way containing certain
conditions has been negotiated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY THAT:
1. It is in the public interest to temporarily close a portion of the sidewalk on the west
side of Johnson Street between Bloomington Street and Market Street and the north
side of Market Street between Johnson Street and Van Buren Street in Iowa City,
Iowa in order to assure a safe construction site for the Mercy Hospital construction
and expansion, and thereby insure public safety. Such temporary sidewalk closing
shall take effect beginning February 21, 2000 and end upon substantial completion of
the construction, but no later than July 30, 2001, and shall conform to the plans
dated January 18, 2000.
2. It is in the public interest to grant Mercy Hospital a temporary license for use of
public right-of-way for purposes of placement and the installation of additional street
and sidewalk lighting on the west side of Johnson Street and the north side of Market
Street, the construction of a canopy which will extend from the new addition into the
Resolution No. 00-50
Page 2
Johnson Street right-of-way approximately two feet, and the construction of a drop-
off lane on the west side of Johnson Street adjacent to and centered on the
proposed addition to Mercy Hospital, and the City Council further finds that said
intrusion into the public right-of-way is de minimus, and will not adversely affect the
City's interests in said right-of-way.
3. The License Agreement attached hereto and incorporated by reference herein is
hereby approved as to form and content, and the Mayor is hereby authorized to
execute and the City Clerk to attest the License Agreement for and on behalf of the
City of Iowa City, Iowa.
Passed and approved this 15th day of February ,20 O0 .
· MAYOR '
Ap by
rne '
It was moved by Champion and seconded by 0' Donnel l the Resolution
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTA f N:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilburn
pwengVes~mercyrow.doc
Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149
LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY AND MERCY HOSPITAL FOR
PORTIONS OF JOHNSON STREET, IOWA CITY, IOWA
This License Agreement is made between Mercy Hospital, Iowa City, Iowa, and the City of Iowa
City, Iowa, a municipal corporation (City).
WHEREAS, Mercy Hospital will be undertaking the construction and expansion of its facilities
located at 500 E. Market Street, which expansion shall include the installation of additional
street and sidewalk lighting within the right-of-way on the west side of Johnson Street and the
north side of Market Street, the construction of a canopy which will extend from the new
addition into the Johnson Street right-of-way approximately two feet, and the construction of a
drop-off lane on the west side of Johnson Street adjacent to and centered on the proposed
addition to Mercy Hospital; and
WHEREAS, Mercy Hospital's construction will take place along the west edge of Johnson
Street between Bloomington Street and Market Street, and the along north edge of Market
Street between Johnson Street and Van Buren Street, and Mercy Hospital wishes to secure the
construction site against pedestrian traffic, as indicated on plans dated January 18, 2000; and
WHEREAS, Mercy Hospital has requested the City permit temporary closure of portions of the
sidewalk on the west side of Johnson Street between Bloomington and Market Streets, and the
north edge of Market Street west of Johnson Street to facilitate construction; and
WHEREAS, the City Engineering Division has reviewed Mercy's construction plans, and finds
that Mercy's request for the installation of additional street and sidewalk lighting within the right-
of-way on the west side of Johnson Street and the north side of Market Street, the construction
of a canopy which will extend from the new addition into the Johnson Street right-of-way
approximately two feet; and the construction of a drop-off lane within the right-of-way on the
west side of Johnson Street adiacent to and centered on the proposed addition to Mercy
Hospital is a de minimus intrusion which will not adversely affect the City's interest therein; and
WHEREAS, an agreement for temporary use of public right-of-way containing certain conditions
has been negotiated.
NOW, THEREFORE, in mutual consideration of the promises herein, Mercy Hospital and the
City of Iowa City agree as follows:
Temporary Use of Ri.qht-of-Wav
1. In consideration of the City's permission herein to temporarily close a city sidewalk
during construction of the expansion of Mercy Hospital facilities, Mercy Hospital agrees
to secure its construction site against pedestrian and public traffic by providing
adequate traffic control, and by fencing all open excavation while the contractor is not
working.
2
2. In consideration for Mercy Hospital's promises herein, the City agrees to temporarily
close a podion of the sidewalk on the west side of Johnson Street between Bloomington
Street and Market Street and the north side of Market Street between Johnson Street
and Van Buren Street.
3. Mercy Hospital agrees to provide, keep in place, and maintain in good working condition
certain signage necessary to:
a) route pedestrians.
b) provide advance warning.
c) provide for the orderly and predictable movement of traffic.
All signage shall be in accordance with the Federal Highway Administration Manual on
Uniform Traffic Control Devices.
4. After construction of the Mercy Hospital expansion is complete, Mercy Hospital agrees
to restore any and all portions of the sidewalk, right-of-way and paving as shown on the
plan set dated January 18, 2000, to the City's complete satisfaction. With respect to this
agreement for temporary use of the Johnson Street/Market Street sidewalk, City and
Mercy agree this Agreement shall be in effect beginning February 21, 2000, and ending
upon substantial completion of the work, but no later than July 30, 2001.
License for Temporary Use of Ri.qht-of-WaV for Street/Sidewalk Li.clhtin.q, Canopy, and Drop-off
Lane
5. City agrees to permit Mercy Hospital to install additional street and sidewalk lighting on
the west side of Johnson Street and the north side of Market Street, to construct a
canopy which will extend from the new addition into the Johnson Street right-of-way
approximately two feet, and to construct a drop-off lane on the west side of Johnson
Street adjacent to and centered on the proposed addition to Mercy Hospital.
6. The City may, at its discretion, elect to give notice to Mercy Hospital to remove all
construction equipment and/or obstructions from the City's right-of-way, all as provided
in §364.12, Code of Iowa (1999); and in the event Mercy Hospital does not comply
within the time period designated in the Notice to Remove, City may elect to remove, or
direct removal of, equipment and/or any other obstructions from the right-of-way, and to
charge the cost of such removal to Mercy Hospital, and Mercy Hospital agrees to pay
said charge.
7. Mercy Hospital, together with their successors and assigns, agree to indemnify, defend
and hold the City harmless in connection with any liability whatsoever arising in regard to
the installation, maintenance, use, location or repair of said additional street and
sidewalk lighting, canopy and/or drop-off lane, including any liability which the City may
incur as a result of its decision to allow placement of said additional improvements within
the right-of-way. Mercy Hospital may later be required to carry liability insurance
coverage, but such coverage is now waived by City. If any required insurance is not
maintained, the City shall have the right to remove said additional improvements within
the right-of-way pursuant to this agreement and §364.12, Code of Iowa (1999).
8. Mercy acknowledges and agrees that except as provided herein no property right is
conferred by this grant of license to use said right-of-way for placement of the additional
improvements; that the City is not empowered to grant the perpetual use of its street
right-of-way for private purposes; and that the City may order said additional
improvements removed at any time if the City Council determines in its reasonable
3
discretion that the public's health, safety, or welfare requires that the property under
which the additional improvements are located is needed for a public use and/or should
be cleared of such improvements, as provided by state law.
Dated this 15thday of February ,2000.
CITY OF IOWA CITY, IOWA MERCY HOSPITAL, IOWA CITY, IOWA
Ernest W. Lehman, Mayor Ronald R. Reed, President
Attest: Ma~n~n K. Karr, City Clerk By: L~Whisler, Vice-President
of Operations
Approved by:
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this t5 day of ~'~-~ ,-,-~,_,-. , 2000, before me, the undersigned, a
Notary Public in and for said County, i~'Vsaid State, personally appeared Ernest W. Lehman,
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of
City Council of said municipal corporation; and that the said Darrel G. Courtney and Marian K.
Karr acknowledged the execution of said instrument to be the voluntary act and deed and said
municipal corporation, by it and by them voluntarily executed.
72,-A
Nota~ Public in and for t~ State of Iowa
MERCY HOSPITAL'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUN~ )
'
L~n~ ~ ;s/¢ r , to me personally known, who being by e duly sworn, did say
that they are the ~ ~
rt=; ~ ~ and ~'~ ~ ,'~ ~ ,
respectively, of said corporation executing the within and foregoing instrument to which this is
attached, that (no seal has been procured by the said) corporation; that said instrument was
and LI~n ~'~k as such officers ackn/owledged the execution of said
instrument to be the volunta~ act and deed of said corporation, by it and by them voluntarily
executed.
N ~ Public in and for said County and State
~ng~asemen~er~.d~
Mona M. Pete~chmidt
Nota~ Public, S~te of Iowa
No. 183082
Commission Expires, Janua~ 31, 2002
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 00-5:[
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF A LIEN REGARDING A RENTAL
REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 28 - 281/~
NORTH GOVERNOR STREET, IOWA CITY, IOWA
WHEREAS, on July 12, 1989, the owners of 28 - 28~ North Governor Street executed a Rental
Rehabilitation Lien in the form of a ten-year declining balance for the amount of $12,000 through
the City's Rental Rehabilitation Program; and
WHEREAS, this document created a lien against the property; and
WHEREAS, the terms of the lien were satisfied on January 12, 2000; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 28 - 28%
North Governor Street, Iowa City, Iowa from a Rental Rehabilitation Lien recorded on July 19,
1989, Book 1071, Page 327 through Page 329 of the Johnson County Recorder's Office.
Passed and approved this 15th day of Feb~'ua~'y ,20 00 .
Approved by
City Attorney's Office
It was moved by Charnpion and seconded by 0'l]onne'l '1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTA I N:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilburn
ppdrehab~res~Bngov.doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 28 - 28~ North Governor Street,
Iowa City, Iowa, and legally described as follows:
The West seventy (70) feet of the following described real estate: Commencing at the
northwest corner of Out Lot Four (4) in Iowa City, Iowa, according to the recorded plat
thereof, thence east 150 feet, along the north line of said Out Lot; thence south 70 feet;
thence west parallel with said first line 150 feet; thence north along the west line of said
Out Lot to the place of beginning.
from an obligation of the owners, Michael J. and Judith A. Cilek, to the City of Iowa City in the
amount of $12,000 represented by a Rental Rehabilitation Lien recorded on July 19, 1989,
Book 1071, Page 327 through Page 329 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
Approved by
C rn~y's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this I-g day of ~J-, ~-,-,- ~,~ , A.D. 20 o~ , before me, the undersigned, a
Notary Public in and for said County, i~' said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. o~-.SI, adopted by the City Council on the f5 day ~
,20 o ~ and that the said Ernest W. Lehman and Marian 'K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
ppdrehab~Sngovd.doc
4e(3)
Prepared by: Liz Osbome, CD Division, 410 E, Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 00-52
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 919 EAST WASHINGTON STREET, IOWA CITY, IOWA
WHEREAS, on November 8, 1996, the owner of 919 East Washington Street ~xecuted a
Mortgage through the City's Housing Rehabilitation Program for the amount of $7,384; and
WHEREAS, this document created a lien against the property; and
WHEREAS, the property owner passed away December 3, 1999; and
WHEREAS, the loan was paid off on February 4, 2000; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 919 East
Washington Street, Iowa City, Iowa from a Mortgage recorded on March 7, 1997, Book 2234,
Page 169 through Page 173 of the Johnson County Recorder's Office.
Passed and approved this 15th day of February ,20 00 .
I~A~'~)~,'" '
CITY CLERK
It was moved by Champion and seconded by 0'Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAT N:
X Champion
× Kanner
X Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilburn
ppdrehab\res\919wash.doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 919 East Washington Street, Iowa
City, Iowa, and legally described as follows:
Commencing one hundred and sixty (160) feet East of the Northwest corner of Outlot
Three (3) in Iowa City, Iowa, according to the recorded plat thereof; thence South to a
point Two Hundred and fifty (250) feet North of the South line of said Outlot Three (3);
thence East fifty-five (55) feet; thence North to the North line of said Outlot Three (3);
thence West fifty-five (55) feet to the place of beginning.
from an obligation of the owner, Helen Netolicky, to the City of Iowa City in the amount of
$7,384 represented by a Mortgage recorded on March 7, 1997, Book 2234, Page 169 through
Page 173 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
Approved by
CI~L~R~ rney;s Office ' z
A
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this IS day of ~J~,-~.,~_~ , A.D. 20 ~c~ , before me, the undersigned, a
Notary Public in and for said County, ~n said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. c,~- sz, adopted by the City Council on the/-.5 day
,20 c(__.2 and that the said Ernest W. Lehman and Marian K. Karr as such office~2's
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Notary Public in and fo~Johnson County, Iowa
ppdrehab\9 19washd.doc
Prepared by: Dennis Cannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 00~53
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER
RELOCATION PUBLIC IMPROVEMENTS FOR MERCY HOSPITAL
EXPANSION.
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 relocation improvements for Mercy Hospital Expansion, as constructed by
Maxwell Construction, Inc., of Iowa City, Iowa.
WHEREAS, a maintenance bond has been filed in the City Engineer's office; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications of said public improvements are hereby formally accepted.
AYOR
It was moved by Champ~ on and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTA I N:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilburn
~eng/re~mer~osp.d~
ENGINEER'S REPORT
February 5, 2000
Honorable Mayor and City Council
Iowa City, Iowa
Re: Mercy Hospital Expansion
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer relocation
improvements for Mercy Hospital expansion has been completed in substantial
accordance with the plans and specifications of the Engineering Division of the
City of Iowa City. The required maintenance bond is on file in the City
Engineer's office for the sanitary sewer improvements constructed by Maxwell
Construction, Inc. of Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
~SSe, P.E.
City Engineer
410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009
Prepared by: Maggie Grosvenor, Housing Administrator, Housing & Inspection Services, Iowa City, IA 52240
(319) 356-5407
RESOLUTION NO. 00-54
RESOLUTION AUTHORIZING THE ADOPTION OF THE REVISED VOUCHER
PAYMENT STANDARDS FOR THE IOWA CITY HOUSING AUTHORITY
VOUCHER PROGRAM
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority
and the Department of Housing and Urban Development requires the Housing Authority to
establish Voucher Payment Standards under the Voucher Program; and
WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the
Department of Housing and Urban Development to administer a Voucher Program; and
WHEREAS, the participants of the housing assistance voucher program would benefit from the
adoption of the revised voucher payment standards.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the revised Voucher Payment Standard limits be adopted as the policy of the Iowa
City Housing Authority effective immediately as follows: Voucher Payment Standards will
be 110% of the Fair Market Rents (FMR) as published by HUD annually.
2. That the City Clerk is hereby authorized and directed to certify appropriate copies of this
resolution together with any necessary certifications as may be required by the
Department of Housing and Urban Development.
Passed and approved this :[Sth day of Feb~'uaf'y ,2000.
Approved by
ATTEST:CI'i~LERK City Attorney's Office
hisasstV'es~voupymt.doc
Resolution No. n0-~4
Page 2
It was moved by Champion and seconded by 0' Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTA I N:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilbum
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319~356-5243
RESOLUTION NO. 00-55
RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDSOR RIDGE,
PART 15, IOWA CITY, IOWA.
WHEREAS, the owner, Arlington, L.C., filed with the City Clerk of Iowa City, Iowa, an
application for approval of the preliminary plat of Windsor Ridge, Part 15; 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 Windsor Ridge, Part 15, 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 15t. h day of Feb~'ua~'b' , 2000.
CIT~CLERK ~ ~ ~)
p~admi~re~p~eplat.doc
Resolution No. 00-55
Page 2
It was moved by 0'Donnel ] and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Scott Kugler
Item: SUB99-0029. Windsor Ridge, Part Fifteen Date: January 6, 2000
Preliminary Plat
GENERAL INFORMATION:
Applicant: Arlington, L.C.
C/o Gary Watts
2346 Mormon Trek Boulevard
Iowa City, Iowa 52246
Phone: 351-8811
Contact person: MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Requested action: Preliminary plat approval
Purpose: To create a two-lot residential
subdivision with two outlots.
Location: North side of Court Street at its eastern
terminus
Size: 40.27 acres
Existing land use and zoning: PDH-12, RS-8
Surrounding land use and zoning: North: Agricultural, County;
East: Undeveloped/agricultural- RS-
5 and County RS;
South: Undeveloped, PDH-8;
West: Undeveloped/agricultural,
County RS.
Comprehensive Plan: Northeast District Plan
Applicable Code requirements: Chapter 14-7, Land Subdivisions
File date: 12/16/99
45-day limitation period: January 30, 2000
BACKGROUND INFORMATION:
The applicant, Arlington, L.C., is requesting a preliminary plat of Windsor Ridge, Part Fifteen,
a 40.27 acre, two-lot residential subdivision with two outlots, for property located on the
north side of Court Street at its eastern terminus. The Commission recently recommended
approval of a preliminary Planned Development Housing Overlay (OPDH) plan and rezoning for
this parcel. The City Council will be holding a public hearing on that plan and rezoning at its
January 18, 2000 meeting. This plat will establish the proposed Camden Road and Ashford
Place as illustrated on the OPDH plan, the two development parcels as buildable lots, Outlot T
as an open space area, and Lot A as a future development area at the north end of the
parcel.
ANALYSIS:
The proposed preliminary plat appears to be in general conformance with the pending
preliminary OPDH plan and the City's subdivision regulations. However, the Engineering
Division is reviewing a revised plat to determine whether or not all identified deficiencies have
been corrected. Review and approval by staff should occur before the Commission votes on
this item. It is anticipated that the plat will be approved by staff prior to the January 6
meeting.
As illustrated on the preliminary OPDH plan, Camden Road is a proposed collector street that
is to extend to the north to provide access to future development on Lot A. It also divides
the two development parcels, Lots 258 and 259. The plat is being reviewed to ensure that
all easements and utilities illustrated on the plat are consistent with the OPDH plan. In
addition, the legal papers associated with the final plat of this property should acknowledge
the access provisions along Court Street established by the OPDH plan for this property,
since an effort was made to limit the number of drives onto the arterial street.
Although Lot A is labeled as a future development area, grading is being proposed on this lot
to establish a storm water management facility. Storm water management is not required for
this property due to the regional basin located at Scott Park, but the applicant is interested in
providing this facility in order to reduce the size of the storm sewer and swale to be located
on Outlot T. It appears that Lot A also includes areas of steep slopes (18-25%). So that it is
clear what grading and development activities will be occurring on Lot A in association with
this development, all sensitive areas should be clearly shown on the plat or a sensitive areas
site plan and grading limits for this phase of the development should be established at this
time.
Neighborhood Open Space: A total of 1.74 acres of open space is required as a result of this
plat (includes Lot A). The plat includes Outlot T as open space. Outlot T is located along a
drainage way on this property and is to contain a trail that will lead from Court Street to the
north. The Northeast District Plan illustrates the preservation of a green way corridor along
this drainage way, but this does not necessarily mean that the land must be dedicated public
open space. The Northeast District Plan also illustrates "Lindemann Square" on this property
along Lower West Branch Road. Staff recommends that the priority in terms of required
neighborhood open space for this property be placed on acquiring land necessary for the
creation of Lindemann Square. Staff does not recommend acceptance of Outlot T, but that
rather these areas be held as common open space by a homeowners association. The Parks
and Recreation Commission will consider this issue at its January 12 meeting and will also
make a recommendation to the City Council to consider regarding Neighborhood Open Space
requirements.
STAFF RECOMMENDATION:
Staff recommends that SUB99-0029 be deferred pending resolution of the deficiencies and
discrepancies listed below. Upon resolution of these items, staff recommends that the
request for a preliminary plat of Windsor Ridge, Part Fifteen, a 40.27 acre, two-lot residential
subdivision with two outlots for property located on the north side of Court Street at its
eastern terminus, be approved, subject to the approval of REZ99-0011 prior to Council
consideration of the plat.
DEFICIENCIES AND DISCREPANCIES:
1. Any features regulated by the Sensitive Areas Ordinance should be identified on the
plat or a note indicating that none are present.
2. Outlot T should be labeled as private open space.
3. Correction of items identified by Public Works.
ATTACHMENTS:
1. Location Map.
2. Preliminary Plat.
Robert Miklo, Senior Planner
Department of Planning and
Community Development
CITY OF IO~A CITY
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SCOTT
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SITE LOCATION: Windsor Ridge, Part 15 SUB99-0029
Sensitive Areas Site Plan & Preliminary Plat
Windsor Ridge -- Par~ Fifteen ~ r
P~T PREP~D BY: O~ER · BUBDI~DE~ O~ER'B A~ORNEY:
owa City, Io~
TRAIL DETAIL
, , [~ 1~ ~as Bl~ P~n i ~H~ry Plat ~'-~
[N~OR ~DCE - pA~ FI~EN
, ~ City,
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
RESOLUTION NO. 00-56
RESOLUTION APPROVING FINAL PLAT OF SCOTT BOULEVARD EAST, PART 4, IOWA
CITY, IOWA.
WHEREAS, the owner, Plum Grove Acres, Inc., filed with the City Clerk the final plat of
Scott Boulevard East, Part Four, 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:
Commencing at the Southwest Corner 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, 589.85 feet, to the POINT OF BEGINNING;
Thence continuing N89°06'58"E, 179.84 feet, to the Northwest Corner of
the Parcel of land conveyed by Warranty Deed as recorded in Deed Book
1029 at page 395 of the records of the Johnson County Recorder's Office;
Thence S00°51'17"E, along the West Line of said conveyed parcel, 110.00
feet, to the Northwest Corner of the Parcel of land conveyed by Warranty
Deed as recorded in Deed Book 446 at page 261 of the Records of the
Johnson County Recorder's Office; Thence S01°00't2"E, along the West Line
of said Conveyed Parcel, and the West Line of the Parcel of land conveyed
by Warranty Deed as recorded in Deed Book 453 at page 167, of the records
of the Johnson County Recorder's Office 280.00 feet, to the Northwest
Corner of Lot 1 of Ly~an Subdivision, in accordance with the Plat thereof
recorded in Plat Book 31 at page 246, of the records of the Johnson
County Recorder's Office; Thence S00°21'18"W, along the West Line of said
Lyman Subdivision, and the West Line of the Parcel of land conveyed by
Warranty Deed as recorded in Deed Book 1211 at page 60 of the records of
the Johnson County Recorder's Office, 530.00 feet; Thence N89~06'58"E,
along the South Line of said Conveyed Parcel, and the Easterly Projection
thereof, a distance of 307.15 feet; Thence S00°39'57"E, 224.11 feet, to
the Northeast Corner of Auditor's Parcel 95-004, in accordance with the
Plat thereof recorded in Plat Book 35 at Page 17 of the Records of the
Johnson County Recorder's Office; Thence S89°14'45"W, along the North
Line of said Auditor's Parcel 95-004, and the North Line of Auditor's
Parcel 95-003, in accordance with the Plat thereof recorded in Plat Book
35 at Page 17, of the Records of the Johnson County Recorder's Office, a
distance of 382.76 feet, to the Northwest Corner of said Auditor's Parcel
95-003; Thence S00°54'07"E, along the West Line of said Auditor's Parcel
95-003, a distance of 111.00 feet, to the Southwest corner thereof, and
the Northeast Corner of Lot 64, of Scott Boulevard East - Part Two, in
accordance with the Plat thereof Recorded in Plat Book 33 at Page 225, of
the Records of the Johnson County Recorder's Office; Thence S89°14'45"W,
along the North Line of said Lot 64, a distance of 215.10 feet, to the
Northwest Corner thereof, and a Point on the Easterly Right of Way Line
of Scott Boulevard as presently located; Thence Northwesterly, 131.81
feet, along said Easterly Right of Way Line on a 1687.02 foot radius
curve, concave Southwesterly, whose 131.77 foot chord bears N21°08'46"W;
Thence N23°23'04"W, along said Easterly Right of Way Line, 68.51 feet, to
the Southwest Corner of Lot 66 of Scott Boulevard East - Part Three, in
accordance with the Plat thereof recorded in Plat Book 40 at Page 266 of
the records of the Johnson County Recorder's Office; Thence N89o05'53"E,
along the Southerly Line of said Scott Boulevard East - Part Three, a
distance of 64.30 feet, to the Southeast Corner thereof; Thence
N36°37'04"E, along the Easterly Line of Said Scott Boulevard East - Part
Three, a distance of 272.59 feet; Thence Northwesterly, 52.89 feet, along
said Easterly Line on a 272.59 foot radius curve, concave Southwesterly,
whose 52.81 foot chord bears N58°56'26"W; Thence N00°21'18"E, along said
Easterly Line, 407.60 feet; Thence N00~51'17"W, along said Easterly Line,
414.99 feet, to the Point of Beginning. Said Tract of land contains 7.36
acres, more or less, and is subject to easements and restrictions of
record.
Resolution No. 00-56
Page 2
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:
1. The said final plat and subdivision located on the above-described real estate be and
the same are hereby approved.
2. The City accepts the dedication of the streets, easements and public open space 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.
3. 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 15th day of February ,2000.
dlT'f"m2, LER K
It was moved by 0'Donne] ] and seconded by '"-etCamp~on the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
~ Lehman
X O'Donnell
× Pfab
X Vanderhoef
X Wilbum
c, y c/,,,-Ic_
02-15-00
7
Prepared by: Daniel Scott, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 00-57
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING
AGREEMENT FOR THE LONGFELLOW/TWAIN PEDESTRIAN TUNNEL
PROJECT STP-E-3715(616)--8V-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 Council deems it in the public interest to enter into said agreement with the
Iowa Department of Transportation for STP project STP-E-3715(616)--8V-52 for the installation of
a pedestrian tunnel under the Iowa Interstate Railroad west of Pine Street. This agreement will
provide a maximum STP funding not to exceed the amount of 80% of eligible construction costs
of $245,000.
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 agreement, and the agreement is
hereby 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 Department of Transportation funds.
3. The City Clerk shall furnish copies of said agreement to any citizen requesting same.
Passed and approved this 15th day of Febr'uar'y ,20 00
A~,~y
ATTEST. ~- City Attorney's Office
IT
It was moved by Vanderhoef and seconded by W'i '1 bu~'n the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
pweng/res/Iongtwai2 .doc
Ju. ly 19.~9
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
TRANSPORTATION ENHANCEMENT PROGRAM PROJECT
RECIPIENT: City of Iowa City
PROJECT NO.: STP-E-3715(616)--gV-52
IOWA DOT
AGREEMENT NO. :99-EUo93
This is an agreement between the city of Iowa City, Iowa (hereinafier referred to as
RECIPIENT) and the Iowa Department of Transportation (hereinafier referred to as the
DEPARTMENT). IoWa Code Sections 306A.7 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 in Iowa with Federal funds. The RECIPIENT proposes
a Transportation Enhancement project for funding under Sec. 133 (b) (8) and Sec. 101 (a)
(35) of Title 23, United States Code.
The Transportation Equity Act for the 21 s, Century (TEA-21 ), enacted in 1998, reestablished
the Surface Transportation Program (STP). Federal regulations provide that STP funds for
the Transportation Enhancement Program are to be administered by the DEPARTMENT.
Pursuant to the terms of this agreement, applicable statutes, administrative rules, and
programming by the DEPARTMENT and the Johnson County Council of Governments
(JCCOG), the DEPARTMENT agrees to provide STP Enhancement 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:
1. The RECIPIENT shall be the lead local governmental agency for carrying out the
provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the
DEPARTMENT and the RECIPIENT's 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-EU-93
Page 2
3. The RECIPIENT shall be responsible for the development and completion of the
following described Transportation Enhancement project: The pedestrian and
recreational trail and tunnel project from the juncture of Kirkwood Avenue & Lower
Muscatine Road thence northeasterly under the Iowa Interstate Railroad tracks ending
on the north side of the railroad at the existing pedestrian and recreational trail
(approximately 20' north of the railroad foreslope), and also the pedestrian and
recreational trail connection to the noah end of Pine Street.
4. The RECIPIENT shall receive reimbursement of Federal STP Enhancement funds for
authorized and approved project costs of eligible items. The portion of the eligible
project costs paid by Federal STP Enhancement funds shall be limited to a maximum
of either 80 percent of eligible costs or the amount stipulated in the JCCOG current
Transportation.Improvement Program (TIP) and in the approved current Statewide
Transportation Improvement Program (STIP), whichever is less.
5. This agreement will become null and void if the project described in Section 3 drops
out of the JCCOG current TIP or the approved current STIP prior to obligation of
Federal funds.
6. The attached Exhibit E will apply and is hereby made a part of this agreement.
Agreement No:99-EU-93
Page 3
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number
99-EU-93 as of the date shown opposite its signature below.
, . :,~}_~t.- Date February 15 ,2000
Title Mayor
ATTEST: Iowa City
Title City Clerk
Date February 15 ,2000
CIty Attorney's Office
IOWA DEPARTMENT OF TRANSPORTATION
Project Development Division
By ~, g, 97~~ Date
Roger R. Walton, P.E.
Local Systems Engineer
East Central Iowa Transportation Center
~,- JUly 1999
EXHIBIT E
Standard Provisions for Federal-Aid
Transportation Enhancement Project Agreement
1. Since this project is to be financed in part 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.
2. 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).
3. 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:
4. General Requirements and Covenants (Division 11) of the DEPARTMENTS standard
specifications shall apply to all projects let at the DEPARTMENT.
5. 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
Govemments. 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.
6. The project plans, 'specifications and project cost estimate (PS&E) shall be prepared and
certified by a professional engineer/architect/landscape architect 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.
EXHIBIT E -2-
7. If Federal-aid is requested for preliminary and/or construction engineering costs, the
RECIPIENT will select a consultant(s) in accordance with the DEPARTMENTs
consultant selection process.
8. 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).
9. 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.
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, signing, 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 warning lights as necessary.
13. The RECIPIENT shall forward a Federal-aid Project Development Certification and final
PS&E to the DEPARTMENT. As a condition for the Department to let the project, the
RECIPIENT agrees that the RECIPIENT has the financial resources to proceed with the
project if bids submitted are 110% of the project cost estimate or less. The RECIPIENT
shall comply with the public hearing requirements of the Iowa Code section 384.102.
14. If the project is to be accomplished via a contract awarded by competitive bidding, the
project will normally be let by the DEPARTMENT in accordance with its letting
procedures. After bids are received and reviewed, the DEPARTMENT will furnish 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.
EXHIBIT E -3-
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 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 completea in substantial compliance with the terms of this agreement.
20. 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.
21. Upon completion of the project described in this agreement, a professional
engineer/architect/landscape architect 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.
22. 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 material available at all reasonable times during the construction
period and for three years from the date of final Federal reimbursement,/br 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.
23. 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, or 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.
24. The RECIPIENT shall m~intain, or cause to be maintained, the completed improvement
(for 20 years on the Statewide Enhancement Projects) in a manner acceptable to the
DEPARTMENT and the FHWA.
EXHIBIT E -4-
25. 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.
26. If this agreement is to fund the Historical Preservation of a structure, the Recipient shall
preserve the architectural, historical and cultural integrity of the structure by maintaining
and repairing the property in compliance with "The Secretary of the Interior's Standards
for Rehabilitating Historical Buildings". No alterations shall be made to the existing
structure without first obtaining the written consent of the State Historical Society of
Iowa (State Historic Preservation Officer).
27. If the RECIPIENT, within the next 20 years, decides to sell the structure to a private
party, or it is now under private ownership, the RECIPIENT shall:
1. Execute a recordable document for preserving the historical and
architectural integrity for 20 years from the date of receipt of public
funds;
or
2. Repay the State of Iowa all the funds received by the RECIPIENT.
28. If any part of this agreement is found to be void and unenforceable, the remaining
provisions of this agreement shall remain in effect.
29. It is the intent of both parties that no third party beneficiaries be created by this
agreement.
30. 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
the 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, and notify the DEPARTMENT when all special assessments have been
satisfied. The DEPARTMENT shall credit reimbursement billings to the FHWA in the
amount of refunds received from the RECIPIENT.
EXHIBIT E -5-
31. 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.
32. This agreement, as set forth in items I through 6 and Exhibit E paragraphs 1 through 32
herein, constitutes the entire agreement between the DEPARTMENT and the
RECIPIENT conceming 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 addendure shall
become effective only upon written approval of the DEPARTMENT and the .;
RECIPIENT.
F
Prepared by: Jim Brachtel, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5149
RESOLUTION NO. 00-58
RESOLUTION DECLARING THE CITY'S INTENT TO CONTINUE WITH AND
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE HIGHWAY
6 CORRIDOR IMPROVEMENTS PROJECT.
WHEREAS, notice of public hearing on the City's intent to continue with a public
improvement project and to acquire property rights for the above-named project was given as
required by law, and the hearing thereon held; and
WHEREAS, the City of Iowa City desires to construct Highway 6 Corridor Improvements
Project ("Project") which includes installing storm sewer, bicycle/pedestrian trail, shoulder
improvements and landscaping; and
WHEREAS, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property rights is necessary for the proposed project; and
WHEREAS, the City's Consultant, Shive-Hattery, Inc., has determined the location of the
proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best
overall price to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. It is the City's intent to continue with the Highway 6 Corridor Improvements Project.
2. The City Council finds that it is in the public interest to acquire property rights
necessary for the construction of the Highway 6 Corridor Improvements Project
("Project"), which Project constitutes a public improvement under Iowa law. The City
Council further finds that acquisition of said property rights is necessary to carry out
the functions of the Project, and that such Project constitutes a valid public purpose
under state and federal law.
3. The City Manager or designee, in consultation with the City Attorney's office, is
authorized and directed to establish, on behalf of the City, an amount the City believes
to be just compensation for the property to be acquired, and to make an offer to
purchase the property for the established fair market value.
4. The City Manager, or designee, is hereby authorized and directed to negotiate the
purchase of property rights for the construction, operation and maintenance of the
Resolution No. 00-58
Page 2
Project. The City Manager or designee is authorized to sign purchase agreements for
the purchase of property and/or easements, and offers to purchase property and/or
easements,
5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized,
upon direction of the City Attorney, to execute and attest all documents necessary to
effectuate the purchase of said property rights. The City Attorney is hereby directed
to take all necessary action to complete said transactions, as required by law.
6. In the event the necessary property rights for the Project cannot be acquired by
negotiation, the City Attorney is hereby authorized and directed to initiate
condemnation proceedings for acquisition of any and all property rights necessary to
fulfill the functions of the Project, as provided by law.
Passed and approved this 15th day of Feb~'uar'y ,2000.
rove
City Attorney's Office
It was moved by Champion and seconded by Vande~'hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
× Pfab
X Vanderhoef
X Wilburn
pweng\re\hwy6-6 odoc
1/00
02-15-00
Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 319-356-5144
RESOLUTION NO. 00-59
RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE.WEST
SIDE TRUNK SEWER PROJECT, PHASE 2.
WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement
project and to acquire property rights for the above-named project was given as required by law,
and the hearing thereon held; and
WHEREAS, the City of Iowa City desires to construct the West Side Trunk Sewer Project, Phase
2, ("Project") which includes upgrading a sanitary trunk sewer; and
WHEREAS, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property rights is necessary for the proposed project; and
WHEREAS, the City's Consultant, MMS Consultants, has determined the location of the proposed
Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best
overall price to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. It is the City's intent to proceed with the West Side Trunk Sewer Project, Phase 2.
2. The City Council finds that it is in the public interest to acquire property rights necessary
for the construction of the West Side Trunk Sewer Project, Phase 2 ("Project"), which
Project constitutes a public improvement under Iowa law. The City Council further finds
that acquisition of said property rights is necessary to carry out the functions of the Project,
and that such Project constitutes a valid public purpose under state and federal law.
3. The City Manager or designee, in consultation with the City Attorney's office, is authorized
and directed to establish, on behalf of the City, an amount the City believes to be just
compensation for the property to be acquired, and to make an offer to purchase the
property for the established fair market value.
4. The City Manager, or designee, is hereby authorized and directed to negotiate the
purchase of property rights for the construction, operation and maintenance of the Project.
The City Manager or designee is authorized to sign purchase agreements for the
Resolution No. 00-59
Page 2
purchase of property and/or easements, and offers to purchase property and/or
easements.
5. in the event negotiation is successful, the Mayor and City Clerk are hereby authorized,
upon direction of the City Attorney, to execute and attest all documents necessary to
effectuate the purchase of said property dghts. The City Attomey is hereby directed to
take all necessary action to complete said transactions, as required by law.
6. In the event the necessary property dghts for the project cannot be acquired by
negotiation, the City Attorney is hereby authorized and directed to initiate condemnation
proceedings for acquisition of any and all property rights necessary to fulfill the functions of
the Project, as provided by law.
Passed and approved this 15th day of Februar.,v ,20 00
MAYOR
rove
CI CLERK City Attomey's Office
It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
× Vanderhoef
X Wilburn
pweng\res\trunk2b .doc
.J-,4 lob,
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5030
RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE OF A PORTION OF LOT 1,
BLOCK 3, RUNDELL ADDITION, CONSISTING OF APPROXIMATELY 2,995
SQUARE FEET LOCATED AT THE SOUTHEAST CORNER OF GRANT STREET
AND COURT STREET, TO ADJACENT PROPERTY OWNERS WILLIAM G.
FLANAGAN AND ELIZABETH ROSE.
WHEREAS, William G. Flanagan and Elizabeth Rose, as owners of the adjacent property at
406 Grant Street, have offered the sum of $525.00 for an approximate 2,995 square foot
portion of a City-owned, unbuildable remnant lot known as Lot 1, Block 3 Rundell Addition;
and
WHEREAS, Mr. Flanagan and Ms. Rose have made their offer based on an appraisal of the
subject property and plan to use the property for the construction of a driveway from their
property to Grant Street; and
WHEREAS, the City does not need the subject property to provide access to property in the
area and there are no infrastructure or easements upon the subject property; and
WHEREAS, on December 7, 1999 the City council adopted a Resolution declaring its intent to
convey its interest in the parcel, authorizing the publication of public notice of the proposed
conveyance, and setting the date and time for public hearing; and
WHEREAS, following public hearing on the proposed conveyance, the City Council finds that
the conveyance of the subject property is in the public interest, provided the purchasers
perform a survey of the property to be conveyed and provide an accurate legal description.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The Mayor and City Clerk are hereby authorized and directed to execute a Quit Claim
Deed conveying the City's in an approximate 2,995 square foot portion of a City-
owned, unbuildable remnant lot known as Lot 1, Block 3 Rundell Addition to William
G. Flanagan and Elizabeth Rose, adjoining property owners located at 406 Grant
Street, for the sum of $ .00, provided the purchasers perform a survey
of the property to be conveyed and provide an accurate legal description.
2. The City Attorney is authorized to deliver said Quit Claim Deed to William G. Flanagan
and Elizabeth Rose. The deed, and any other documentation required by Iowa Code
§364.7 (1999), shall be recorded by the City Clerk in the Johnson County Recorder's
Office at the purchasers' expense.
Resolution No.
Page 2
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
Passed and approved this day of , ,2000.
ATTEST:
.._ .., CITY CLERK
8arah\landuse~flan-res
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5030
RESOLUTION NO. 00-60
RESOLUTION AUTHORIZING CONVEYANCE OF AN APPROXIMATELY 7,720
SQUARE FOOT PARCEL OF THE UNIMPROVED, VACATED PORTION OF THE
VIRGINIA DRIVE RIGHT-OF-WAY LOCATED BETWEEN LOTS 2 AND 14 OF
NORTH HILLS SUBDIVISION IMMEDIATELY NORTHEAST OF THE
INTERSECTION OF VIRGINIA DRIVE AND RIDGEWOOD LANE TO ADJACENT
PROPERTY OWNERS PHILIP AND HELEN OLDIS.
WHEREAS, Philip and Helen Oldis, as owners of the adjacent property at 2 Ridgewood Lane,
have offered the sum of ~500.00 for an approximate 7,720 square foot parcel of the
unimproved, vacated portion of the Virginia Drive right-of-way located between Lots 2 and
14 of North Hills Subdivision immediately northeast of the intersection of Virginia Drive and
Ridgewood Lane; and
WHEREAS, Mr. and Mrs. Oldis' offer is mid-way between values obtained through the
assessment rolls and sales for comparable properties, and the offer is consistent with the
fact that the subject parcel is entirely encumbered by a city easement; and
WHEREAS, the City does not need the subject property to provide access to property in the
area; and
WHEREAS, on January 18, 2000 the City Council adopted a Resolution declaring its intent
to convey its interest in the parcel, authorizing the publication of public notice of the
proposed conveyance, and setting the date and time for public hearing; and
WHEREAS, following public hearing on the proposed conveyance, the City Council finds that
the conveyance of the subject property is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The Mayor and City Clerk are hereby authorized and directed to execute a Quit Claim
Deed conveying the City's interest in an approximate 7,720 square foot parcel of the
unimproved, vacated portion of the Virginia Drive right-of-way abutting 2 Ridgewood
Lane to Philip and Helen Oldis for the sum of 8500.00.
2. The City Attorney is authorized to deliver said Quit Claim Deed to Philip and Helen
Oldis. The deed, and any other documentation required by Iowa Code §364.7
(1999), shall be recorded by the City Clerk in the Johnson County Recorder's Office
at the purchasers' expense.
Resolution No. 00-60
Page 2
It was moved by Pfab and seconded by Vande~'hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
× Vanderhoef
× Wilburn
Passed and approved this :~STH day of Feb~'ua~'.v , 2000.
.,__~~ -/~- ,/~Z- l..__
MAYOR
Sarah\landuse\oldis res'authorizing conveyance
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5030
RESOLUTION NO. 00-61
RESOLUTION AUTHORIZING CONVEYANCE OF ONE-HALF OF A TEN-FOOT
WIDE VACATED PORTION OF THE WASHINGTON STREET RIGHT-OF-WAY
LOCATED BETWEEN 1033 (LOT 7, KOSER BROTHERS SUBDIVISION) AND
1025 WASHINGTON STREET TO ADJACENT PROPERTY OWNER MARJORIE
B. HAYEK.
WHEREAS, Madorie B. Hayek, as owner of the adjacent property at 1025 East Washington
Street, has offered the sum of $2,941.00 for one-half of the ten-foot wide vacated portion
of the Washington Street right-of-way (approximately 850 square feet); and
WHEREAS, Mrs. Hayek has made her offer based on fair market valuation listed on the
assessment rolls for comparable properties; and
WHEREAS, the City does not need the subject property to provide access to property in the
area and there are no infrastructure or easements upon the subject property; and
WHEREAS, on January 18, 2000 the City Council adopted a Resolution declaring its intent
to convey its interest in the parcel, authorizing the publication of public notice of the
proposed conveyance, and setting the date and time for public hearing; and
WHEREAS, following public hearing on the proposed conveyance, the City Council finds that
the conveyance of the subject property is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The Mayor and City Clerk are hereby authorized and directed to execute a Quit Claim
Deed conveying the City's interest in one-half of a ten-foot wide vacated portion of
the Washington Street right-of-way abutting 1025 East Washington Street to
Madorie B. Hayek, adjacent property owner, for the sum of $2,941.00.
2. The City Attorney is authorized to deliver said Quit Claim Deed to Marjorie B. Hayek.
The deed, and any other documentation required by Iowa Code §364.7 (1999), shall
be recorded by the City Clerk in the Johnson County Recorder's Office at the
purchaser's expense.
Resolution No. 00-61
Page 2
It was moved by Pfab and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
× Pfab
X Vanderhoef
X Wilburn
Passed and approved this 15th day of Februat'~v ,2000.
MAYOR
C',tyP:A t~ d n~--,2Z~6
Sarah\landuse\hayek res authorizing conveyance
Prepared by: Doug Boothroy, Director. HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121
RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE OF 1512 DICKINSON LANE.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, the Iowa City Housing Authority owns a vacant lot located at 1512 Dickinson Lane,
Iowa City; and
WHEREAS, Pat Moore Construction Co., dba Moore Construction Co., has offered to purchase
the lot for $17,000.00, which is the amount the City paid for the lot on January 10, 2000; and
WHEREAS, Moore Construction Co. has offered to build a single family home on the lot which
would be purchased by the Housing Authority under the Affordable Dream Home Opportunities
Program for sale to a family who earns up to 80% of the median income; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 1512 Dickinson Lane, legally
described as Lot 81, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat
thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa, to Pat
Moore Construction Company, dba Moore Construction Company.
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
Passed and approved this 15th day of February ,2000.
CITY/'i:~LERK City Attorney's Office
Resolution No. 00-62
Page 2
It was moved by Vanderhoef and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121
RESOLUTION NO. 00-63
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A CONTRACT WITH PAT MOORE CONSTRUCTION
COMPANY, DBA MOORE CONSTRUCTION COMPANY, FOR THE
ACQUISTION OF A SINGLE FAMILY HOME.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No.
93-255, approving a Section 5(h) implementing agreement for the conversion of public housing
to private ownership, also known as the Tenant-to-Ownership program; and
WHEREAS, under this agreement the proceeds from such sales must used to expand
affordable housing opportunities in Iowa City; and
WHEREAS, the Iowa City Housing Authority has negotiated a purchase agreement with Pat
Moore Construction Co., dba Moore Construction, for the construction and purchase of a
resource-efficient, environmentally-friendly single family home at 1512 Dickinson Lane in the
amount of $147,000.00; and
WHEREAS, the home would be sold under the Affordable Dream Home Opportunities Program to
a family who earns up to 80% of the median income; and
WHEREAS, the home would benefit the citizens of Iowa City by providing a model for the
construction of resource-efficient, environmentally-friendly homes, as well as expand affordable
home ownership opportunities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute and attest a contract between the City of Iowa City and Pat Moore Construction
Company, dba Moore Construction Company, for the construction and acquisition of a
single family dwelling unit at 1512 Dickinson Lane, Iowa City, Iowa.
Passed and approved this 15t. h day of February ,2000.
C City Attorney's Office
Resolution No. 00-63
Page 2
It was moved by 0' Donnel 1 and seconded by Vande~'hoef the Resolution be
adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
x Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: PAT MOORE CONSTRUCTION CO., dba MOORE CONSTRUCTION COMPANY, SELLER
1, REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in JOHNSON County, Iowa, and legally-described as
follows:
A single family home (including the lot) to be built in accordance with attached plans and specifications on Lot 81, South Pointe
Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County,
iowa
with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of
record; c. any easements of record for public utilities, roads and highways; and d. (consider: liens, mineral rights; other easements;
interests of others.)
designated the Real Estate; provided Buyer, on possession, is permitted to make the following use of the Real Estate:
residential use
2, PRICE. The purchase price shall be $147,000.00, payable at JOHNSON County, Iowa, as follows: 10% down payment, with
the remainder to be paid in full upon possession and closing.
3. REAL ESTATE TAXES.
a. Sellers shall pay all real estate taxes that are due and payable as of the date of possession and constitute a lien against
the property, including any unpaid real estate taxes for any prior years.
b. Sellers shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in
which possession is given (ending June 30, 2000) due and payable in the subsequent fiscal year (commencing July 1,
2000).
Buyer shall be given a credit for such proration at closing (unless this agreement is for' an installment contract) based upon
the last known actual net real estate taxes payable according to the public record, However, if such taxes are based upon
a partial assessment of the present property improvements or a changed tax classification as of the date of possession,
such proration shall be based on the current millage rate, the assessed value, legislative tax rollbacks and real estate tax
exemptions that will actually be applicable as shown by the Assessor's records on the date of possession.
c. Buyer shall pay all subsequent real estate taxes.
4. SPECIAL ASSESSMENTS.
a. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of closing.
b. IF a. IS STRICKEN, then Sellers shall pay all installments of special assessments which are a lien on the Real Estate and, if
not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof,
c. All other special assessments shall be paid by Buyer.
5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession of the Real Estate to Buyer shall be as
follows:
a. All risk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyer.
b. IF a. IS STRICKEN, Sellers shall maintain $ of fire, windstorm, and extended coverage insurance on the
Real Estate until possession is given to Buyer and shall promptly secure endorsements to the appropriate insurance policies
naming Buyer as additional insureds as their interests may appear. Risk of loss from such insured hazards shall be on
Buyer after Sellers have performed under this paragraph and notified Buyer of such performance, Buyer, if it desires, may
obtain additional insurance to cover such risk.
6. CONDITION OF PROPERTY.
a. Within 10 days after written notification from Seller that the single family home has been completed, Buyer may, at
its sole expense, have the property inspected by a person of its choice to determine if the unit was constructed in
accordance with the attached plans and specification and whether there are any structural, mechanical plumbing,
electrical, environmental, or other deficiencies. Within this same period, Buyer may notify the Sellers in writing of any
deficiency. Sellers shall immediately notify Buyer in writing of what steps, if any, Sellers will take to correct any
-2-
deficiencies before closing. Buyer shall then immediately in writing notify Sellers that (1) such steps are acceptable, in
which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in
which case this Agreement shall be null and void, and any down payment shall be returned to Buyer.
7. WARRANTIES. Sellers agree to remedy all defects in each of the premises for a period of one year from the date of possession.
Notwithstanding the previous sentence, Buyer maintains all express and implied warranties, and any other rights or causes of action, to the
extent allowed by law.
8. ENVIRONMENTAL MATTERS.
a. Sellers warrant, to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal sites,
hazardous wastes or substances or underground storage tanks located on the property, the property does not contain
levels of radon gas, asbestos or urea-formaldehyde foam insulation which require remediation under current environmental
standards, and Sellers have done nothing to contaminate the Property with hazardous wastes or substances. Sellers
warrant that the property is not subject to any local, state, or federal judicial or administrative action, investigation or
order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances or underground
storage tanks. Sellers also shall provide Buyer with a properly executed GROUNDWATER HAZARD STATEMENT showing
no wells, solid waste disposal sites, hazardous waste or underground storage tanks on the Property, unless disclosed here:
b. Buyer may, at its expense, within 15 days after the date of acceptance of this offer, obtain a report from a qualified
engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or
wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on
the Property, Buyer's obligation hereunder shall be contingent on the removal of such materials, substances, conditions or
wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Sellers are required by
Buyer pursuant to the foregoing sentence, to expend any sum in excess of ~ 0.00 to remove any hazardous
materials, substances, conditions or wastes, Sellers shall have the option to cancel this transaction and refund to Buyer all
earnest money paid and declare this Agreement null and void. The expense of any inspection shall be paid by Buyer. the
expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions or
waste shall be paid by Sellers, subject to Sellers' right to cancel this transaction as provided above.
9. POSSESSION AND CLOSING. Subject to Buyer's approval of title, satisfaction of all contingencies, and both parties' timely
performance of all obligations herein, closing shall be as follows: no later than May 26, 2000. Possession of the Real Estate shall be
delivered to Buyer on the date of closing with any adjustments of rent, insurance, and interest to be made as of the date of transfer of
possession.
10. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light
fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic
heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers
and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental
items)
11. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to
acquire outstanding interests, if any, of others.
12. ABSTRACT AND TITLE. Seller, at its expense, shall obtain an abstract of title to the Real Estate. It shall show merchantable
title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association.
13. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer or its assignees, by WARRANTY
deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1 .a. through 1 .d. Any general warranties of title shall
extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the
deed.
14. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding acceptance of this offer, hold title to
the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of
the Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as
joint tenants with full rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either Seller, agrees to
-3-
pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent
with paragraph 11.
15. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes
this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section
561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose.
16. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
17. REMEDIES OF THE PARTIES.
a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and all payments made
shall be forfeited or, at Sellers' option, upon thirty days written notice of intention to accelerate the payment of the entire
balance because of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire
balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a
receiver.
b. If Sellers fail to timely perform this contract, Buyer has the right to have all payments made returned to it.
c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available to them and
shall be entitled to obtain judgment for costs and attorney fees as permitted by law.
18. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Sellers shall furnish Buyer
with a written statement from the holder of such lien, showing the correct balance due.
19. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa
State Bar Association.
20. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this
contract for such approval. If this contract is not so approved, it shall be void.
21. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the
parties,
22. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or
neuter gender, according to the context.
23. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before February 18, 2000, it shall become void at Buyer's
option.
SIGNED this __day of ,2000.
CITY OF IOWA CITY, IOWA MOORE CONSTRUCTION CO., INC.
BUYER SELLER
By: By:
Ernest W. Lehman, Mayor
By: By:
Marian K. Karr, City Clerk
City Att~rney's Office
-4-
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this __day of , 2000, before me, a Notary Public in and for the State of Iowa, personally appeared
and , to me personally known, who, being by me duly sworn, did say that they are the
and , respectively, of Moore Construction Co., Inc.., the corporation executing the within and foregoing
instrument, that (no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that said instrument was signed (and
sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and
· as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed,
Notary Public in and for the State of Iowa
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this __day of , 2000, before me, the undersigned, a Notary Public in and for the above-named county and
state, personally appeared Ernest W. Lehman and Marinn K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto
is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City
Council of said municipal corporation; and that the said Ernest W, Lehman and Marinn K. Karr acknowledged the execution of said instrument to
be the voluntary act and deed and said municipal corporation· by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
pha/adhop/Iot-81/offertopurchase.doc
Prepared by: Terry Trueblood, P&R Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5110
RESOLUTION NO. 00-64
RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES
FOR PARKS AND RECREATION SERVICES AND PROGRAMS.
WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation
Commission, all Parks and Recreation fees shall be established by City Council resolution";
and
WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending
certain increases to be implemented in FYO0 and FY01; and
WHEREAS, it is in the public interest to review and occasionally revise said fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL QF THE CITY OF IOWA CITY,
IOWA that the schedule of fees and charges for parks and recreation services and programs
as approved by the Parks and Recreation Commission on January 12, 2000, and attached
hereto, be adopted for FY00 and FY01.
Passed and approved this 15th day of February ,2000.
Approved by
City AttoFr~ey~fice
'It was moved by 0' Donne] ] and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
parksrec~res~feesOO.doc
City of Iowa City
Parks and Recreation Department
RECREATION DIVISION FEES & CHARGES
FY95-00
PROPOSED FY2001
And
TENTATIVE PROPOSALS FOR FY02 & FY03
(to be reviewed annually)
Adopted by Parks and Recreation Commission
January 12, 2000
SPORTS/ PROPOSED ESTIMATED TENTATIVE TENTATIVE
WELLNESS FY95 FY96 FY97 FY98 FY99 FY00 FY01 TOTAL PARTICIPANT FY02 FY03
Aerobics - REVENUE NUMBERS
5 classes 8.75 8.75 10.00 10.00 11.25 11.25) 12.50) 12.50 13.75
10 classes 17.50 17.50 20.00 20.00 22.50 22.50) 25.00) $6,187 330 25.00 27.50
Punch card 30.00** 30.00** 33.75** 33.75 37.50 37.50 41.25'* $6,394 155 41.25 45.00
Fitness 17.50 17.50 20.00 20.00 22.50 22.50 25.00 $4,125 165 25.00 27.50
SB/BB Field Rental-
Without lights 6.50 7.00 7.00 7.50 7.50 8.00) 8.00) 8.50 8.50
With lights 20.00 22.00 22.00 24.00 24.00 25.00) 25.00) $4,125(T) 165 26.00 26.00
Adult Softball-
Summer leagues 330.00 330.00 335.00 335.00 340.00 340.00 345.00 $22,080(T) 64 teams 345.00 350.00
Co-ed teams 360.00 365.00 $14,600(T) 40 teams 365.00 370.00
Fall leagues 175.00 175.00 180.00 180.00 185.00 185.00 190.00 $6,080CI') 32 teams 190.00 195.00
Co--ed teams 195.00 200.00 $3,200(T) 16 teams 200.00 205.00
Forfeit fee 10.00 10.00 10.00 10.00 10.00 10.00 10.00 $100CI') 10 10.00 10.00
Adult Volleybail-
Indoor leagues 80.00 85.00 85.00 90.00 90.00 95.00 95.00 $16,720(T) 176 teams 100.00 100.00
Outdoor leagues 50.00 55.00 55.00 60.00 60.00 65.00 65.00 $1,040(T) 16 teams 70.00 70.00
Forfeit fee 10.00 10.00 10.00 10.00 10.00 I 0.00 10.00 $100(T) 10 10.00 I 0.00
Adult Basketball-
League fee 175.00 180.00 180.00 185.00 185.00 190.00 190.00 $13,680(T) 72 teams 195.00 195.00
Forfeit fee 10.00 10.00 I0.00 10.00 10.00 10.00 10.00 $100(T) I0 10.00 10.00
High School
Basketball- 75.00 80.00 80.00 85.00 85.00 90.00 90.00 $2,880CI') 32 teams 95.00 95.00
League fee
Racquetball-
Court fee (hour) 2.50 2.50 2.50 3.00 3.00 3.00 3.00 $1,320(T) 440 3.00 4.00
Lessons 5.25 5.50 5.50 5.50 5.75 5.75 6.00 $300 50 6.00 6.50
Youth Football 15.00 15.00 17.50 17.50 20.00 20.00 22.50 $12,375 550 22.50 25.00
Youth Volleyball 15.00 15.00 17.50 17.50 20.00 20.00 22.50 $2,812 125 22.50 25.00
Youth Basketball 15.00 15.00 17.50 17.50 20.00 20.00 22.50 $9,000 400 22.50 25.00
Youth Gymnastics-
5 sessions 7.50 8.75 8.75 8.75 10.00 10.00) 11.25) 11.25 11.25
10 sessions 15.00 17.50 ! 7.50 17.50 20.00 20.00) 22.50) $4,500 200 22.50 22.50
Youth Tennis (10) 15.00 15.00 17.50 17.50 20.00 20.00 22.50 $787 35 22.50 25.00
Adult Tennis (I0) 17.50 17.50 20.00 20.00 25.00 25.00 30.00 $1,800 60 30.00 35.00
SPORTS/ PROPOSED ESTIMATED TENTATIVE TENTATIVE
WELLNESS FY95 FY96 FY97 FY98 FY99 FY00 FY01 TOTAL PARTICIPANT FY02 FY03
REVENUE NUMBERS
NJTL Tennis (24) 18.00 18.00 2 ! .00 21.00 24.00 24.00 27.00 $4,590 170 27.00 30.00
Weight Room 11.25 12.50 $1,125 90 12.50 15.00
Weight Training 22.50 25.00 $1,125 45 25.00 30.00
ScanIon Gym-
Jr. High Activities:
Fees ranging $20-40 $16,500 550
Sr. High Activities:
Fees ranging $20-40 $16,500 550
Mist. Activities:
Rentals, Special $23,000
Events, etc.
TOTAL SPORTS/WELLNESS REVENUE $197,145
Less Sales Tax 4~30
GRAND TOTAL, SPORTS/WELLNESS REVENUE
* 10-punch pass (unlimited number sold; interchangeable with Aquacise classes)
* * 15-punch pass (unlimited number sold; interchangeable with Aquacise classes)
(T) Either entirely or partially subject to sales tax
SOCIAL/ PROPOSED ESTIMATED TENTATIVE TENTATIVE
CULTURAL FY~S FY96 FY97 FY98 FY99 FY00 FY01 TOTAL PARTICIPANT FY02 FY03
REVENUE NUMBERS
Dark Room (2 hrs.) 7.00 7.00 7.00 7.00 5.00* 5.00* 6.00* $360 60 6.00* 6.00*
Potter's Studio-
Card (4 months) 34.00 34.00 40.00 40.00 50.00 50.00 55.00 $3,850 70 55.00 55.00
Clay (25 lbs.) Cost+5% Cost+5% Cost+5% Cost+5% Cost+5% Cost+5% Cost+5% $2,000 200 bags Cost+5% Cost+5%
Kindergrounds-
I day/week 3.50 3.50 4.00 4.00 5.00 5.00 6.00 $1,900 380 6.00 6.00
2 days/week 7.00 7.00 8.00 8.00 10.00 10.00 12.00 $1,400 140 12.00 12.00
Children's Theatre 17.50 17.50 20.00 20.00 24.00 24.00 24.00 $2,1M0 85 24.00 24.00
Science &Nature 8.75- 8.75° 10-20 10-20 12-24 12-24 14-28 $840 60 14-28 14-28
17.50 17.50
Children's Cultural 8.75 8.75 10.00 10.00 12.00 12.00 12.00 $15,360 1,280 12.00 12.00
Adult Cultural 40-50 40-50 45-55 45-55 50-60 50-60 55-65 $14,100 235 55-65 55-65
Children's Social 7-14 7.50-15 8-16 8-16 10-20 10-20 10-20 $24,000 1,600 10-20 I 1-22
Summer Camp
(2 wk. session):
One session 115.00 115.00 120.00 130.00 135.00 135.00) 140.00) 140.00 145.00
Two sessions 230.00 230.00 240.00 260.00 270.00 270.00) 280.00) 280.00 290.00
Three sessions 345.00 345.00 360.00 390.00 405.00 405.00) 420.00) 420.00 435.00
Four sessions 460.00 460.00 480.00 520.00 540.00 540.00) 560.00) $75,600 540 560.00 580.00
Supervised Play 16.00 16.00 16.00 16.00 18.00 20.00) 20.00 $8,000 400 20.00 20.00
FREE PROGRAMS:
Summer Playgrounds
Halloween Parade
Swim Fest
Winter Carnival
TOTAL SOCIAL/CULTURAL REVENUE [S149,450i
~ * No longer provide chemicals - room use only
PROPOSED ESTIMATED TENTATIVE TENTATIVE
AQUATICS FYg5 FY96 FY97 FY98 FY99 FY00 FY01 TOTAL PARTICIPANT FY02 FY03
REVENUE NUMBERS
Daily Admissions-
Youth 1.00 1.25 1.25 1.50 1.75 1.75 2.00 $60,000 30,000 2.00 2.00
Adult 1.50 1.75 1.75 1.75 1.75 1.75 2.00 $66,000 33,000 2.00 2.00
TOTAL DAILY ADMISSIONS $126,000(T)
Punch Cards-
Youth (20 adm.) 17.00 21.25 21.25 25.50 29.75
Adult/Individual 25.50 29.75 29.75 29.75 29.75 29.75 34.00 $32,300 950 34.00 34.00
TOTAL PUNCH CARDS $32,300(T)
3 Month Passes~
Youth 45.00 49.00 49.00 59.00 68.00
Adult/Individual 60.00 68.00 68.00 68.00 68.00 68.00 78.00 $3,900 50 78.00 78.00
Family (4 people) 105.00 117.00 117.00 127.00 136.00 136.00 156.00 $8,580 55 156.00 156.00
1" addition 10.00 10.00 10.00 15.00 15.00 15.00 15.00 $90 6 15.00 15.00
Other additions 10.00 10.00 10.00 15.00 15.00 15.00 15.00 $90 6 15.00 15.00
Annual Passes-
Youth 82.00 98.00 98.00 118.00 136.00
Adult/Individual 105.00 136.00 136.00 136.00 136.00 136.00 156.00 $19,500 125. 156.00 156.00
Family (4 people) 187.00 234.00 234.00 254.00 272.00 272.00 312.00 $12,480 40 312.00 312.00
1st addition 20.00 20.00 20.00 30.00 30.00 30.00 30.00 $180 6 30.00 30.00
Other additions 20.00 20.00 20.00 30.00 30.00 30.00 30.00 $180 6 30.00 30.00
TOTAL PASSES $45,000(T)
Pool Rentals (per hr.)-
General Public:
Rec. Center 25-50 25-50 25-50 25-50 25-50 25-50 30-55) 30-55 30-55
MPAC 75.00 75.00 75.00 75.00 75.00 75.00 75.00) $1,000 20 75.00 75.00
Swim Club:
25 yard/meter 15.00 15.00 15.00 15.00 15.00 15.00 20.00) 20.00 20.00
50 yard/meter 15.00 30.00* 30.00* 30.00* 30.00* 30.00* 30.00*) $12,500 500 35.00* 35.00*
TOTAL RENTALS $13,500(T)
* Exclusive use of entire eight lanes of the pool
(T) Either entirely or partially subject to sales tax
PROPOSED ESTIMATED TENTATIVE TENTATIVE
AQUATICS FY95 FY96 FY97 FY98 FY99 FY00 FY01 TOTAL PARTICIPANT FY02 FY03
REVENUE NUMBERS
Instructional Programs
Parent/Tot
(I0 @ 45 rain.) 15.00 15.00 17.50 17.50 17.50 20.00 20.00 $5,000 250 20.00 22.50
Preschool
(10 @ 45 rain.) 15.00 15.00 17.50 17.50 17.50 20.00 20.00 $10,000 500 20.00 22.50
*Red Cross Basic
Lessons
(10 @ 45 rain.) 16.00 16.00 18.50 18.50 18.50 21.00 21.00 $27,300 1,300 21.00 23.50
Private Lessons
(20 rain.) 26.25 27.50 27.50 27.50 30.00 15.00($3/ 20.00($4/ $18,800 940 22.50 22.50
Adult class) class)
(10 @ 45 rain.) 20.00 20.00 20.00 20.00 22.50 $1,125 45 25.00 27.50
Diving 22.50 25.00
(10 @ 45 rain.) 15.00 15.00 17.50 17.50 17.50 $1,000 50 20.00 22.50
20.00 20.00
*Basic Water
Rescue ( i 0 hrs.) NA 18.50 18.50 18.50 20.00 20.00 22.50 $225 I0 22.50 25.00
*Lifeguarding (46 hrs) 53.50 53.50 75.00** 75.00 75.00 80.00 80.00 $1,600 20 80.00 85.00
*Water Safety Aide
(20 hrs.) 36.00 36.00 41.00 41.00 41.00 42.00 42.00 $420 10 42.00 43.00
* Water Safety
Instructor (40 hrs.) 71.00 71.00 81.00 81.00 81.00 82.00 82.00 $820 10 82.00 83.00
*Advanced Swimmer
(10 hrs.) 18.50 NA NA NA NA NA NA
*Lifeguard Instructor
(27 hrs.) NA 44.00 44.00 44.00 44.00 45.00 45.00 $450 10 45.00 46.00
TOTAL INSTRUCTIONAL PROGRAMS $66,740
* These fees include a $I surcharge by the American Red Cross.
* * Required class hours increased from 30 to 46 hours
PROPOSED ESTIMATED TENTATIVE TENTATIVE
AQUATICS FY95 FY96 FY97 FY98 FY99 FY00 FY01 'TOTAL PARTICIPANT FY02 FY03
REVENUE NUMBERS
** **
Aquacise (hr.) 1.75 1.75 2.00 2.00 ** ** **
Aqua-Pass NA NA NA 45.00*
Aqua-Ptmch 30.00* 30.00** 33.75** 33.75** 37.50** 37.50* 41.25' $17,531 425* 41.25'
TOTAL AQUACISE/AQUA-PUNCH $17,531
Lockers- $1,350 4,500 .25-.50 .25-.50
City Park .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 .25-.50
Mercer Park .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 .25-.50 $6,700 22,750 .25-.50 .25-.50
TOTAL LOCKERS $8,050
Other Aquatics Revenue- $65,000
School District (cost share for MPAC; 25% of specified items; 28E Agreement) $3,200
Vending - Mercer Park Aquatic Center $1,750
Vending - City Park Pool
TOTAL OTHER AQUATICS $ 69,950
TOTAL AQUATICS REVENUE $379,071
Less Sales Tax - 10,840
GRAND TOTAL, AQUATICS REVENUE [$368,131[
* 15-punch pass (unlimited number sold; interchangeable with aerobics classes)
, * Program all admitted by punch card
PROPOSED ESTIMATED TENTATIVE TENTATIVE
SPECIAL FY95 FY96 FY97 FY98 FY99 FY00 FY01 TOTAL PARTICIPANT FY02 FY03
POPULATIONS
REVENUE NUMBERS
SPI Clubs 5.00 5.00 6.00 6.00 6.00 7.00 7.00 $420 60 7.00 8.00
SPI Special Events 10.00 10.00 2-16 2-16 2-16 2-16 3-18 $800 80 3-18 3-18
SPI Rec Programs 7.50 7.50 5-15 5-15 5-15 5-15 10-15 $2,812 225 10-15 10-15
SPI Adapted Aquatics
(10 week classes) 10.00 12.50 15.00 15.00 15.00 16.00 17.50 $840 48 17.50 17.50
SPI Clubs SPI Special Events SPI Recreation Programs
* Goodtime Club * Bowling Tournament &Banquet SPORTS &FITNESS INDEPENDENT LIVING:
*Coffeehouse Club Special Olympics Competitions *Aembic Dance Softball *Cooking
Sibship Halloween Dance Basketball *Aquatics *Sign Language
FRIENDS Other Holiday Special Events Gymnastics Bicycling *Relaxation
Summer Picnic Cheerleading Downhill and *Environmental Education
Misc. Others *Fishing Cross Country Skiing *Leisure Education
Track &Field (and other topics of interest to participants)
Soccer
*Aqua-Stretch
SPI Adapted Aquatics OUTDOOR NATURE ACTIVITIES: ARTS &CRAFTS:
*Swim instruction for persons w/physical limitations only Hiking *Fascinating Flowers
*Swim instruction for children &adults w/special needs Plant &Animal Life Classes *Art in the Park
*Pottery
MUSIC PROGRAMS: *Fabric Paints Art
Vocal Music Groups Drama classes (jazz, ballet, modern, line dance,
Rhythm Instrument Groups creative dance, square dance, etc.)
Special Olympics Program *Many other art classes using a variety of materials
See SPI Recreation Programs
TOTAL S.P.I. REVENUE [7'4~
* Programs/activities for which fees are assessed
PROPOSED ESTIMATED TENTATIVE TENTATIVE
RECREATION FY95 FY96 FY97 FY98 FY99 FY00 FY01 TOTAL PARTICIPANT FY02 FY03
CENTER REVENUE NUMBERS
Room Rentals-
(per 3 hr. use)
Mtg. Room/Kitchen/
Craft Room 7.50 7.50 7.50 g.00 8.00 8.00 9.00 $5,400 600 9.00 9.00
Social Hall 37.50 37.50 37.50 40.00 40.00 40.00 45.00 $11,250 250 45.00 45.00
Gymnasium
(per hr./court)
Half Court 12.50 18.75 18.75 18.75 20.00 20.00 22.50 $562 25 22.50 22.50
Full Court 25.00 37.50 37.50 37.50 40.00 40.00 45.00 $720 16 45.00 45.00
Game Room (hr.) 12.50 12.50 15.00 15.00 15.00 0 0 17.50 17.50
Locker Rentals-
Daily (coin. operated) .25 .25 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 25-.50
Monthly 2.00 2.00 2.00 3.00 3.00 3.00 5.00 5.00 5.00
Six Months 10.00 10.00 10.00 15.00 15.00 15.00 20.00 $3,519 850 20.00 20.00
Vending, Rec.Ctr. $5,400
Equipment Rental-
Weekday 1.00 2.00 2.00 3.00 3.00 3.00 4.00 4.00 4.00
Weekend 3.00 4.00 4.00 6.00 6.00 6.00 7.00 $990 180 7.00 7.00
Game Room No fee No fee No fee No fee No fee No fee No fee No fee No fee
Weight Room No fee No fee No fee No fee
Drop-in Use No fee No fee No fee No fee No fee No fee
TOTAL RECREATION CENTER $27,841
FARMERS MKT -
Daily 6.00 6.00 6.50 6.50 7.00 7.00 8.00 $320 40 8.00 8.50
Season (per market) 4.60 4.60 5.00 5.00 5.50 5.50 6.00 $13,128 2,188 6.00 6.50
TOTAL FARMERS MARKET $13,448
GARDEN PLOTS 8.00 10.00 10.00 10.00 12.00 12.00 14.00 $1,092 78 14.00 16.00
OTHER NON-PROPERTY TAX REVENUES
Hotel/Motel Tax (25% supports MPAC Operations= 1 5%/$84,000 & ScanIon Gymnasium 10%/$56,000) .................... 140,000
Non-resident fees (for miscellaneous activities tbxoughout division) .................................................................6,000
Commissions (telephone, other misc.) ....................................................................................................2,310
TOTAL OTHER REVENUE $148,310
GRAND TOTAL, RECREATION DIVISION REVENUE 15906,088i
(non-property tax)
I/07/00
SUMMARY
RECREATION DMSION REVENUES & BUDGET
FY2001
Total Non-Property Tax Revenues $ 906,088
FYO 1 Proposed Budget 2,344, 108 *
Less Capital Outlay 162,695
$2,181,413
Non-Property Tax Revenue to Support Budget = 41.54%
Past Objective = 45.00%
Percentage Accepted for FY2000 = 40.60%
*City Manager's proposed budget to City Council
Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144
RESOLUTION NO. 00-65
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO A'I'rEST A CONTRACT FOR
CONSTRUCTION OF THE IOWA CITY LANDFILL GAS COLLECTION SYSTEM
PROJECT.
WHEREAS, Westmar, Inc. of Whitesboro, Texas has submitted the lowest responsible bid of
$922,998.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to
Westmar, Inc., subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. 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 ].5th day of Februar.y ,2000.
C City Attorney's Office
pweng\res\gascoll.doc
9/99
Resolution No. 00-65
Page 2
It was moved by 0 ' Donnel ] and seconded by Vanderhoef the Resolution be
adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
Howard R. Green Company Iowa City SLF Gas Collection &Control System
Project No. 722220-J Iowa City, Iowa
ADVERTISEMENT FOR BIDS
CITY OF IOWA CITY SANITARY LANDFILL
GAS COLLECTION AND CONTROL SYSTEM
PROJECT
Sealed proposals will be received by the
~': City Clerk of the Ci~of Iowa City, Iowa, until ·
-. 10:30 A.M. on the 8 of February, 2000, 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 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 February
15, 2000, or at such later time and place as
may then be scheduled.
The Project will involve the following:
A Gas Collection and Control System at
the Iowa City Sanitary Landfill
All work is to be done in strict compliance
with the plans and spedficetions prepared by
Howard R. Green Company, 4250 Glass
Road N.E., P.O. Box 9009, Cedar Rapids, IA
52409-9009, which have heretofore been
approved by the City Council, and am on file
for public examination in the Office of the
City Clerk.
Each proposal shall be completed on a
form fumished 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
maintenance of said Project, if required,
pursuant to the provisions of this notice and
the other contract documents. Bid bonds of
I ADVERTISEMENT FOR BIDS AF - 1
I
Howard R. Green Company Iowa City SLF Gas Collection &Control System
Project No. 722220-J Iowa City, Iowa
the lowest two or more bidders may be
retained for a peded 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 fumish
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
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 two (2) year(s) from
and after its completion and formal acceptance by
the City.
The following limitations shall apply to this
Project:
Completion Date: October 1. 2000
Liquidated Damages: $400.00 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and
specifications and form of proposal blanks may be
secured at the office of Howard R. Green
COmpany, Consulting Engineers, 4250 Glass
Road N.E., P.O. Box 9009, Cedar Rapids, IA
52409-9009 by bona fide bidders.
A $100.0(] deposit is required for each set of
plans and specifications provided to bidders or
other interested persons. The t~ee shall be in the
form of a check, made payable to Howard R.
Green Company. A refund of $50.00 per set will
be given upon return of said plans and
spedfications in good and usable condition within
10 days after the receiving of bids.
Prospective bidders are advised that the City of
Iowa City desires to employ minodty 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
subcontract. This list shall include the type of
work and approximate subcontract amount(s).
ADVERTISEMENT FOR BIDS AF - 2
Howard R. Green Company Iowa City SLF Gas Collection &Control System
Project No. 722220-J Iowa City, Iowa
I The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
I proposed subcontractors, together with quantities,
unit pdces and extended dollar amounts. If no
minodty business enterprises (MBE) are utilized,
I '~ the Contractor shall furnish documentation of all
'. reasonable, good faith efforts to recruit MBE's. ~
-- A listing of minodty contractors is available at '
the City, and can be obtained from the Human
t Rights Coordinator at the Iowa City Civic Center
by calling 319-356-5022.
By virtue of statutory. authority, preference will
I 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
I Reciprocal Preference Act, Section 23.21, Code
of Iowa (1995), applies to the contract with respect
to bidders who are not Iowa residents.
I The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
I Published upon order of the City Council of Iowa
City, Iowa.
MARlAN K. KARR, CITY CLERK
I
I ADVERTISEMENT FOR BIDS AF - 3
Prepared by: Daniel Scott, Engineering. 410 E. Washington St.. Iowa City, IA 52240, (319)356-5144
RESOLUTION NO. 00-.66
RESOLUTION REJECTING BIDS RECEIVED ON FEBRUARY 8, 2000 FOR THE
IOWA CITY LANDFILL RECYCLING CENTER, PHASE 2, AND SETTING A
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY
LANDFILL RECYCLING CENTER PROJECT, PHASE2, DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY
ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
WHEREAS, bids were received on February 8, 2000 for the Iowa City Landfill Recycling Center
Project, Phase 2, and the lowest bid exceeded the Engineer's Estimate by $155,000.00, and
WHEREAS, the Department of Public Works recommends that the Council reject all bids and set
a public hearing on revised plans and specifications for the project which will reduce the cost
thereof.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That all bids received on February 8, 2000 for the Iowa City Landfill Recycling Center
Project, Phase II, are rejected.
2. 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 7t" day of March,
2000, 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.
3. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
4. 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 :].Eth day o~ary ,20,~~
I~'AYOR
C City Attorney's Office
pweng\res\landfill4 .doc
Resolution No. 00-66
Page 2
It was moved by Champ'ion and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
ADVERTISEMENT FOR BIDS
Landfill Recycling Center Project, Phase 2
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:00 PM
on the 8th day of February 2000, 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. Sealed proposals
will be opened immediately thereafler 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 Council Chambers at 7:00 PM on the 15th
day of February 2000, or at such later time and
place as may be scheduled.
The Project will involve the following:
Landfill Recycling Center Project, Phase 2
All work is to be done in strict compliance with
the plans and specifications prepared by Architect
- John F. Shaw, AIA, of Iowa City, 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
of the City Councilgs 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, 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
AF-1
not to exceed f~teen (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 fumish
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 pedod of two (2) year(s) from and after its
completion and formal acceptance by the City.
The following limitations shall apply to this
Project:
Specified Start Date: 1 March 2000
Specified Completion Date: 1 November 2000
Liquidated Damages: none
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 Architect - John F. Shaw,
AIA, Iowa City, Iowa, by bona fide bidders.
Bidding Documents may be obtained from the
office of the Architect - John F. Shaw, AIA, Iowa
City, Iowa, upon depositing of the sum of fifty
dollars ($ 50.00). This deposit will be refunded
upon return of the Bidding Documents in good
condition within 15 days after receipt of bids.
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.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to
subcontract. This list shall include the type of
work and approximate subcontract amount(s).
AF-2
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.
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
required under Iowa Statutes. The Iowa
reciprocal resident bidder preference law applies
to this 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
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5139
RESOLUTION NO. 00-67
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE CONTRACT 3 - SOUTH PLANT IMPROVEMENTS,
WASTEWATER TREATMENT AND COLLECTION FACILITY IMPROVEMENTS
PROJECT.
WHEREAS, Story Construction Co. of Ames, Iowa, has submitted the lowest responsible bid of
$26,574,000 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Story
Construction Co., subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. 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 15th day of Febf'uafLv ,20 00
AYOR
~I~~Y /t~
1l,
City Attorney's Office
pweng\res\story. doc
9/99
Resolution No. 00-67
Page 2
It was moved by 0' Donnel 1 and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
ADVERTISEMENT FOR BIDS
CONTRACT 3 - SOUTH PLANT
IMPROVEMENTS
WASTEWATER TREATMENT AND
COLLECTION FACILITY IMPROVEMENTS
PROJECT
Sealed proposals will be received by the
City Clerk of the City of Iowa City, Iowa, until
2:00 pro, local time on the l Oth day of
February, 2000, or at a later date and/or time
as determined by the Director of Public Works
or designee, with notice of such 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 the first regularly scheduled
Council meeting after receipt of bids, or at such
later time and place as may then be scheduled.
The Project will involve the following:
CONTRACT 3 - SOUTH PLANT
IMPROVEMENTS
Work includes modifications and a 5 MGD
expansion to the existing South Wastewater
Treatment Plant. South Plant expansion
includes new laboratory/administration
building, ,maintenance /vehicle storage
building, vortex grit removal system, circular
primary and secondary clarifiers, aeration
tanks with fine bubble diffusers and
centrifugal blowers, chlorine contact tanks
and chlorination system modifications,
rotating drum sludge thickeners, anaerobic
sludge digesters, wastewater pumping
systems, and related site, building,
mechanical, and electrical work.
All work is to be done in strict compliance
with the plans and specifications prepared by
Stanley Consultants, Inc., Muscatine, 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
provided with the specifications, 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, Iowa in the
event the successful bidder fails or refuses 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 maintenance 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 period of one (1) year from and after its
completion and formal acceptance by the City.
The following limitations shall apply to this
Project:
Completion Times: The Work will be
substantially completed within 730 days after
the date when the Contract Times commence to
run and completed and ready for final payment
within 790 days after the date when Contract
Times commence to run.
Liquidated Damages: Two thousand dollars
(92,500) for each day that expires after the
time specified for Final Completion until the
Work is complete.
The plans, specifications, and proposed
contract documents may be examined at the
Office of the City Clerk. Copies of said plans
and specifications may be obtained from Mr.
Dick Rittenhouse, Stanley Consultants, Inc.,
Muscatine, Iowa, telephone 319-264-6238,
upon payment in the amount of 9350.00 for 1
Project Manual and 1 half-size set of Drawings
or 9500.00 for 1 Project Manual and I full-size
set of Drawings, all nonrefundable.
A prebid conference will be held at
10:00 am on January 19, 2000 at Council
Chamber at the Iowa City Civic Center.
Representatives of OWNER and Stanley
Consultants, Inc. will be present to discuss the
Project.
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 Bid Form the names
of persons, firms, companies or other parties
with whom the Bidder intends to subcontract.
This list shall include the type of work and
approximate subcontract amount(s).
The contractor awarded the contract shall
submit a list with the Agreement 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 MBEs.
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 Recip-
rocal 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 Bids 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
I
02-15-00
25
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 00-68
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO A'I'rEST AN AGREEMENT BETWEEN STANLEY CONSULTANTS, INC. OF
MUSCATINE, IOWA AND THE CITY OF IOWA CITY FOR CONSULTING
SERVICES DURING CONSTRUCTION OF THE CONTRACT 3, SOUTH PLANT
IMPROVEMENTS, WASTEWATER TREATMENT AND COLLECTION
IMPROVEMENTS.
WHEREAS, the City received bids and awarded a contract for construction of Contract 3, South
Plant Improvements, Wastewater Treatment and Collection Improvements; and
WHEREAS, it is desirable for Stanley Consultants, Inc. to provide construction phase engineering
services during construction of the Contract 3, South Plant Improvements, Wastewater Treatment
and Collection Improvements; and
WHEREAS, City staff has negotiated an Agreement with Stanley Consultants, Inc. to provide said
services; and
WHEREAS, the City Council deems it in the public interest to enter into the negotiated agreement
with Stanley Consultants, Inc. for Engineering Consulting Services dudrig construction of the
Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
I. 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 15th day of Febf'uary ,2000.
Approved by
ATTEST:~LERK
pwengVes'coat3.doc
Resolution No. 00-68
Page 2
It was moved by 0' Donnel 1 and seconded by Wi 1 burn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this __ day of ,2000, by and
between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and
Stanley Consultants, Inc., of Muscatine, Iowa, hereinafcer referred to as the CONSULTANT.
WHEREAS, the City Of Iowa City, Iowa is desirous of obtaining the services of a consulting firm
in order to continue to improve and expand Iowa City's wastewater treatment system; and
WHEREAS, the construction of Contract 3 - South Plant Improvements is necessary in order to
enable the wastewater treatment system to remove ammonia, as required by the Environmental
Protection Agency and the Iowa Department of Natural Resources.
WHEREAS, Contract 3 - South Plant Improvements will finalize construction of the City's
wastewater treatment system improvements; and
WHEREAS, the CI'I'Y now desires a consulting firm to assist CITY in implementing construction of
Contract 3 - South Plant Improvements; and
WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services with
Stanley Consultants, Inc. of Muscatine to provide said services.
NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now
contract with the CONSULTANT to provide services as follows:
I. SCOPE OF SERVICES
CONSULTANT agrees to perform the following services for the CITY, and to do so in a
timely and satisfactory manner.
A. Construction Phase
Construction Phase will consist of office and field based consultant services to
assist CITY in implementing construction contract. CITY will provide required
field staff and administer construction contracts. All CONTRACTOR'S
communications and submittals shall be to CITY with exception of shop drawings
which shall be simultaneously submitted to CITY and CONSULTANT. Specific
CONSULTANT services are as follows:
1. Contract 3
a. Revise design drawings used for Bidding Phase to incorporate all
drawing changes issued by Addenda during Bidding Phase.
Provide up to 15 sets of complete updated drawing sets for use by
CITY and CONTRACTOR. Specifications will not be revised.
b. Attend Preconstruction Conference and up to six Progress Meetings.
cbn:mrldea40:icconsa~,nt.wpd Page I
c. Review and comment on CONTRACTOR's Schedule of Values
submittals and up to 2 resubmittals.
d. Review and comment on CONTRACTOR's Construction Schedule
submittal and up to 5 progress revision resubmittals.
e. Review CONTRACTOR's shop drawing submittals for conformance
with the design concept of the Project and compliance with the
information given in the Contract Documents. Incorporate CITY
staff review comments. Reviewed shop drawings with comments,
if any, shall be transmitted to CITY and CONTRACTOR.
f. Review acceptability of substitute materials and equipment
proposed by CONTRACTOR.
g. Interpret and make determinations with regard to requirements of
Contract Documents.
h. Discuss day-to-day type questions, situations, and conditions with
CFI'Y's on-site construction representative.
i. Make site visits to observe construction work and report
observations to CITY. Site visits shall be once per month and not
more than one day duration totaling 26 site visits. CFI'Y shall
retain primary responsibility for observation and inspection of the
progress and quality of construction work. CiTY shall provide
certification to Iowa Department of Natural Resources that Project
was constructed in accordance with approved plans and
specifications.
j. Witness performance testing of control equipment hardware and
software at system integrator's facility for a period not to exceed 5
days duration.
k. Provide instrumentation and control on-site assistance during
installation, commissioning and availability testing of control
systems for a total time not to exceed twenty (20) working days
duration.
I. Provide environmental engineering on-site assistance, trouble
shooting, and process consultation during start-up and preliminary
operation of activated sludge system and temperature phased
anaerobic digestion system for a total combined time not to
exceed twenty (20) working days duration.
m. Conduct final inspection with CITY to assist CFI'Y in determining if
the Project has been fully completed in substantial accordance
with the Contract Documents.
clm:mrl't:iea40:icconsag~nt.wpd Page 2
n. Prepare Record Drawings showing those changes made during
construction, based on information furnished by the CITY. Provide
one set of reproducible drawings, one set of full size prints, and a
CADD data file of these Record Drawings.
II. TIME OF COMPLETION
It is understood and agreed by and between the parties hereto that project schedule
depends on input and interaction between the parties as well as other outside factors
which may be unplanned and largely uncontrollable. Schedule milestones are therefore
subject to adjustment based on actual conditions which occur during the course of the
project.
The CONSULTANT shall complete Construction Phase services in approximate accordance
with the requirements of the CONTRACTOR's construction schedule.
III. GENERAL TERMS
A. The CONSULTANT shall not commit any of the following employment practices
and agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender
identity, or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all
work and services performed up to the time of termination. However, such sums
shall not be greater than the "lump sum" amount listed in Section IV. The CITY
may terminate this Agreement upon seven (7) calendar days' written notice to the
CONSULTANT.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
parties to said Agreement.
D. It is understood and agreed that the retention 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.
E. It is agreed by the CITY that all records and files pertaining to information
needed by the CONSULTANT for the Project shall be available by said CITY upon
reasonable request to the CONSULTANT. The CITY agrees to furnish all
reasonable assistance in the use of these records and files.
chn:mddea40:icconsagmt.wpd Page 3
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of iowa City, iowa.
G. At the request of the CITY, the CONSULTANT shall attend such meetings of the
City Council relative to the work set forth in this Agreement. Any requests made
by the C:FI'Y shall be given with reasonable notice to the CONSULTANT to assure
attendance.
H. The CONSULTANT agrees to furnish, upon termination of this Agreement and
upon demand by the CITY, copies of all basic notes and sketches, charts,
computations, and any other data prepared or obtained by the CONSULTANT
pursuant to this Agreement without cost, and without restrictions or limitation as
to the use relative to specific projects covered under this Agreement. In such
event, the CONSULTANT shall not be liable for the C~'Y's use of such documents
on other projects.
I. The CONSULTANT agrees to furnish all reports, specifications, and drawings, with
the seal of a professional engineer affixed thereto or such seal as required by
Iowa law.
3. The C:D'Y 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 C~'Y to withhold
payment of the amount sufficient to properly complete the Project in accordance
with this Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and
continue in full force and effect.
L. Original contract drawings shall become the property of the C:D'Y. The
CONSULTANT shall be allowed to keep Mylar reproducible copies for the
CONSULTANTs own filing use.
Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the CD'Y.
N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a
contract with the City, and certifies that no employee or officer of the City, which
includes members of the City Council and City boards and commissions, has an
interest, either direct or indirect, in this agreement, that does not fall within the
exceptions to said statutory provision enumerated in Section 362.5.
O. The Consultant agrees at all times material to this Agreement to have and
maintain professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the City in the sum of
$1,000,000.
chn:mrh:iea40:icconsagmu.wpd Page 4
IV. COMPENSATION FOR SERVICES
A. Methods and Amounts: CITY shall pay CONSULTANT for services included in
Scope of Services lump sum fee amount as follows:
Phase Description Lump Sum Fee
Construction Phase - Contract 3 $ 465,000
B. Payments :
1. CONSULTANT shall submit monthly statements for Construction Phase in
accordance with payment schedule attached as Exhibit A. The payment
schedule is based on CONTRACTOR's estimated percent of completion of
construction. CITY shall make prompt payments.
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent
upon or resulting from the execution of this Agreement, that it is the entire
Agreement, and that no other monies or considerations have been solicited.
Title: Mayor Titie:
Date: February 15, 2000 Date:
Approved by:
/}f'--/Z~ 2. - ~--- oo Date: __
City Attorneys Office
chn:mrh:iea40:icconsagmt.wpd Page 5
EXHIBIT A
Stanley Consultan~ will invoice a percentage of the lump sum (LS) amount based on contractor progress
according to the following table:
% Contractor % of LS % Contractor % of LS
Complete Amount Billed Complete Amount Billed
1 2 51 52
2 5 52 53
3 8 53 53
4 11 54 54
5 13 55 55
6 15 56 55
7 17 57 56
8 18 58 57
9 19 59 57
10 21 60 58
11 22 61 58
12 23 62 59
13 24 63 59
14 25 64 60
15 26 65 60
16 27 66 61
17 27 67 62
18 28 68 62
19 29 69 63
20 30 70 63
21 30 71 64
22 31 72 65
23 31 73 66
24 32 74 67
25 33 75 68
26 34 76 68
27 35 77 69
28 36 78 69
29 37 79 70
30 38 80 71
31 39 81 73
32 39 82 74
33 40 83 75
34 41 84 76
35 42 85 77
36 43 86 78
37 44 87 79
38 44 88 80
39 45 89 81
40 45 90 83
41 46 91 85
42 46 92 88
43 47 93 90
44 48 94 91
45 48 95 93
46 49 96 95
47 49 97 97
48 50 98 99
49 51 99 100
50 52 100
Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 00-69
RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF
INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT
THE JOHNSON STREET SANITARY SEWER PROJECT AND TO ACQUIRE
PROPERTY FOR THE PROJECT; AND SE'!'rlNG DATE OF PUBLIC HEARING.
WHEREAS, under the provisions of Sections 6B.2A and 6B.2B of the Iowa Code, a governmental
body which proposes to acquire property under power of eminent domain for a public
improvement project is required to give notice of intent to commence the project to all property
owners whose properties may be acquired in whole or in part for the project; and
WHEREAS, the City Council of the City of Iowa City intends to commence a project to construct
the Johnson Street Sanitary Sewer Project, which includes upgrading and repairing a sanitary
sewer, which project is to be known as the Johnson Street Sanitary Sewer Project; and
WHEREAS, before the City of Iowa City can proceed with said project, the City Council must:
a. Hold a public hearing, providing the opportunity for public input on the question of
proceeding with the public improvement and on the acquisition or condemnation of
property interests for the project; and
b. Adopt a resolution declaring its intent to proceed with said project and authorizing the
acquisition of property interests required for the project by negotiation or condemnation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Documentation showing the proposed location of the Johnson Street Sanitary Sewer Project
shall be placed on file in the office of the City Clerk and made available for public viewing.
2. A public hearing on the City's intent to proceed with the Johnson Street Sanitary Sewer
Project and to acquire property rights therefore is to be held on the 21st day of March, 2000,
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.
3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the
above-named project in a newspaper published at least once weekly and having a general
circulation in the City, not less than four (4) nor more than twenty (20) days before said
hearing.
4. The Department of Public Works and City Clerk are hereby authorized and directed to cause
notice of the City's intent to proceed with said project and authorize the acquisition of property
for said project to be mailed and published as required by law with said Notice of Intent to be
in substantially the attached form.
Resolution No. DI'i-fq
Page 2
Passed and approved this 15th day of February ,20 00
ATTEST:CI~LERK ~)' ~ At rn~:~'sOm~j ~-~-~0
It was moved by Vanderho~f and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
pweng/res~ohnso~2,doc
NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT
AND TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE
JOHNSON STREET SANITARY SEWER PROJECT
TO: 335 Partners Kappa Alpha Theta Alumni &Bldg. Corp.
414 Market Street 215 Sunset Street
Iowa City, IA 52245 Iowa City, IA 52246
Anita D. Bender HGA Properties
TSB Investments PC Box 2612
1145 Duck Creek Drive Iowa City, IA 52244
Iowa City, IA 52246
Jerrie W. and Dorothy K. Rogers
Richard S. & Goldene B. Haendel 1169 Hotz Avenue
402 McLean Street Iowa City, IA 52245
Iowa City, IA 52246
Gregory H. Yates, Julie K. Hodge,
Gary D. Hodge
419 Jutewood Court
Fairborn, OH 45324
Under the provisions of House File 476, enacted by the General Assembly and signed by the
Governor during the 1999 Legislative Session, a governmental body which proposes to
acquire property rights under power of eminent domain for a public improvement project is
required to give notice of intent to commence the project to all property owners whose
properties may be affected. (See new Sections 6B.2A and 6B.2B of the Iowa Code)
1. DESCRIPTION OF THE PROJECT; INTENDED USE OF PRIVATE PROPERTY
WHICH MAY BE ACQUIRED.
NOTICE IS HEREBY GIVEN to the above-identified property owners that the City Council of
the City of Iowa City will consider authorizing the commencement of a project to ugrade and
repair the sanitary sewer from Lucas Street to Van Buren Street between Burlington and
Bowery Streets which project is to be known as the Johnson Street Sanitary Sewer Project.
Property rights acquired for the project will be used for:
· Construction of sanitary sewer
· Staging of construction activities
2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR
CONDEMNATION.
If the above-described project is approved by the City Council, the City may need to acquire
property rights for the proiect improvements. Property rights may include a temporary
construction easement, a permanent easement, and/or a fee simple parcel (complete
ownership). Upon review of Johnson County property records, it appears that properties or
portions of properties owned by the above-identified persons may have to be acquired for
the project by the methods described above. The City will attempt to purchase the required
property by good faith negotiations. If negotiations are unsuccessful, the City will condemn
those property rights which it determines are necessary for the project. The proposed
location of the above-described public improvement is shown on the documentation which is
now on file in the office of the City Clerk and available for public viewing.
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO
PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT.
The City has provided funding in its budget for this project, as well as funding to acquire any
property rights that may be needed for the project. City staff has analyzed the options for
how to proceed with this project and has coordinated project planning with other appropriate
agencies. The planning has reached the point where preliminary designs now indicate that
certain property rights may need to be acquired. Any public comment will be considered in
preparing the final designs, particularly as private property may be affected.
In making the decision to proceed with the above-described project and to acquire property
rights, the City Council is required to hold a public hearing, giving persons interested in the
proposed project the opportunity to present their views regarding the project, and regarding
the proposed acquisition of property rights for the project. The public hearing will be held
on the 21st day of March, 2000 in the City Council Chambers, Civic Center, 410 East
Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the
next meeting of the City Council thereafter as posted by the City Clerk. In order to
proceed with the above-described project and commence the acquisition of property rights
for the project, the City Council will be required to approve the project and authorize
acquisition of private property rights for the project by Council resolution. The City Council is
scheduled to consider adoption of a resolution of the City's intent to proceed with the above-
described project following the public hearing.
When an appraisal is required, if the project is approved by the City Council, an appraiser
will determine the compensation to be paid for easements and/or property acquired in fee
simple. The City will offer no less than the appraised value and will attempt to purchase only
the needed property by good faith negotiations. If the City is unable to acquire properties
needed for the project by negotiation, the City will acquire those property rights by
condemnation.
4. STATUS OF PROJECT PLANNING.
The above-described project was identified for construction as part of the Capital
Improvement Program approved by the City Council on March 2, 1999 pursuant to
Resolution No. 99-72. The project is currently scheduled for construction in the 2000
construction seasoR.
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO
PURCHASE PROPERTY RIGHTS.
The City Council of the City of Iowa City, Iowa has not yet determined to undertake the
above-described project or to acquire property rights for the project. This Notice does not
constitute an offer to purchase property rights.
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the owner
of property have certain rights. You have the right to:
3
a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section
18)
b. An offer to purchase which may not be less than the lowest appraisal of the fair
market value of the property. (Iowa Code §5 6B.45, 6B54)
c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring
agency's determination of just compensation is based not less than 10 days before
being contacted by the acquiring agency's acquisition agent. ( Iowa Code 56B.45)
d. When an appraisal is required, an opportunity to accompany at least one appraiser of
the acquiring agency who appraises your property. (Iowa Code 56B.54)
e. Participate in good faith negotiations with the acquiring agency before the acquiring
agency begins condemnation proceedings. (Iowa Code 56B.3(1 ))
f. If you cannot agree on a purchase price with the acquiring agency, a determination of
just compensation by an impartial compensation commission and the right to appeal
its award to district court. (Iowa Code §5 6B.4, 6B.7, and 6B.18)
g. A review by the compensation commission of the necessity for the condemnation if
your property is agricultural land being condemned for industry; (Iowa Code 5 6B.4A)
h. Payment of the agreed upon purchase price, or if condemned, a deposit of the
compensation commission award before you are required to surrender possession of
the property. (Iowa Code 55 6B.25 and 6B.54(11))
i. Reimbursement for expenses incidental to transferring title to the acquiring agency.
(Iowa Code 5§ 6B.33 and 6B.54(10))
j. Reimbursement of certain litigation expenses: (1) if the award of the compensation
commissioners exceeds 110 percent of the acquiring agency's final offer before
condemnation; and (2) if the award on appeal in court is more than the compensation
commissioner's award. (Iowa Code 56B.33)
k. At least 90 days written notice to vacate occupied property. (Iowa Code 5 6B.54(4))
Relocation services and payments, if you are eligible to receive them, and the right to
appeal your eligibility for and amount of payments. (Iowa Code 5316.9)
The rights set out in this Statement are not claimed to be a full and complete list or
explanation of an owner's rights under the law. They are derived from Iowa Code Chapters
6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer
directly to the Iowa Code or contact an attorney of your choice.
~. Karr, City Clerk
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-70
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN
AGREEMENT FOR TEMPORARY CLOSURE OF THE INTERIOR PEDESTRIAN
WALKWAY OF THE CITY PLAZA HOTEL.
WHEREAS, MIP Iowa City, LLC, hereina~er referred to as "Owner", is the owner of the City Plaza
Hotel (hereinafter "hotel")located at 210 S. Dubuque Street in Iowa City, Iowa; and
WHEREAS, Owner desires to remodel the interior atrium area of the hotel over which the City has
a pedestrian access easement; and
WHEREAS, Owner has requested the City to permit the temporary closure and use of said
pedestrian access easement to allow for said remodeling and ensure the safety of the public; and
WHEREAS, said temporary closure for safety, renovation, and construction activities is a minimal
intrusion on the pedestrian access easement and will ensure safe passage of pedestrian traffic in
the area and is thus in the City's best interests; and
WHEREAS, the exterior pedestrian access easement granted to the City in the pedestrian access
easement agreement will remain open and unencumbered during said remodeling; and
WHEREAS, upon completion of said remodeling the pedestrian access easement will be restored
to its pre-construction condition, to the satisfaction of the City.
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 temporarily close the interior atrium area of the City Plaza Hotel
over which the City has a pedestrian access easement in order to assure a safe construction
site during said remodeling, and thereby ensure public safety.
2. The agreement attached hereto and incorporated herein by reference is hereby approved 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, Iowa.
Passed and approved this 15th day of February ,20 O0
A'I'I'EST: 2~';1~'P~'¢'~-"""/~' :~'/~
C LERK City Attorney's Office
eleanor/res/dtyplaza.doc
Resolution No. 00-70
Page 2
It was moved by Vanderhoef and seconded by 0'Donne] '1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
AGREEMENT FOR TEMPORARY CLOSURE OF THE INTERIOR
PEDESTRIAN WALKWAY OF THE CITY PLAZA HOTEL
This Agreement is made by and between MIP Iowa City, LLC, hereina~er also referred to as
"Owner", and the City of Iowa City, Iowa, a municipal Corporation, hereina~er referred to as "City."
WHEREAS, MIP Iowa City, LLC, is the fee owner of the City Plaza Hotel (hereina~ter "hotel")
located at 210 S. Dubuque Street in Iowa City, Iowa; and
WHEREAS, Owner desires to remodel the interior atrium area of the hotel over which the City has
a pedestrian access easement, a copy of which is attached hereto as "Exhibit A;" and
WHEREAS, Owner has requested the City to permit the temporary closure and use of said
pedestrian access easement to allow for said remodeling and ensure the safety of the public; and
WHEREAS, said temporary closure for safety, renovation, and construction activities is a minimal
intrusion on the pedestrian access easement and will ensure safe passage of pedestrian traffic in
the area and is thus in the City's best interests; and
WHEREAS, the exterior pedestrian access easement granted to the City in the easement
agreement attached hereto as Exhibit "A" will remain open and unencumbered during said
remodeling; and
WHEREAS, upon completion of said remodeling the pedestrian access easement will be restored
to its pre~construction condition, to the satisfaction of the City.
NOW, THEREFORE, in mutual consideration of the promises herein, MIP Iowa City, LLC, and the
City of Iowa City agree as follows:
1. In consideration of the City's permission herein to temporarily close the interior atrium area of
the City Plaza Hotel over which the City has a pedestrian access easement, Owner agrees to
secure the above-referenced area and its construction site against pedestrian traffic by
providing adequate pedestrian barriers and by providing adequate signage, thereby ensuring
public pedestrian safety and a safe construction site.
2. In consideration for Owner's promises herein, the City agrees to allow Owner to temporarily
close the interior atrium area of said hotel over which the City has a pedestrian access
easement from February 21, 2000 through April 21, 2000.
3. In further consideration of the City's permission herein, Owner agrees to provide, keep in
place, and maintain in good working condition certain barriers and signage necessary to:
a) route pedestrians.
b) provide advance warning.
c) provide for the orderly and predictable movement of pedestrian traffic.
2
4. Upon completion of said remodeling the pedestrian access easement will be restored to its
pre-construction condition to the complete satisfaction of the City.
5. MIP Iowa City, LLC agrees to indemnify, defend and hold the City harmless against any and
all claims for bodily injury, death or property damage arising out of its actions and those of its
contractors, subcontractors, agents, employees and assigns arising out of said closure and
use of the pedestrian access easement, specifically including, but not limited to, any and all
claims and/or liabilities which may be alleged against the City as a result of its decision to
allow Owner to temporarily close said interior atrium. MIP Iowa City, LLC further agrees to
carry Class II liability insurance in the amounts of $500,000 each occurrence, $1 million
aggregate bodily injury, and $250,000 aggregate property damage with contractual liability
coverage included. Owner shall further furnish a certificate of insurance of said valid
insurance coverage, which certificate must be satisfactory to the City.
6. Notwithstanding the above, Owner agrees to cease and desist its temporary use and closure
of said pedestrian access easement and remove any and all obstructions from said access
easement when any one of the following events occurs:
a. A breach of this agreement;
b. Temporary closure is no longer needed or appropriate, as determined by the City;
c. Within thirty (30) calendar days after the City gives written notice to Owner.
If Owner fails to remove any obstructions, barricades or signage from the City's pedestrian
access easement, the City may remove the obstructions, barricade or signage, and restore
the same, and the cost thereof shall be billed to Owner for payment to City. If Owner fails to
pay said billing within thirty (30) days from the date of billing, the removal and restoration costs
shall be certified to Johnson County as a statutory lien and assessed against the property and
collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa
Code (1999).
7. This Agreement shall constitute a covenant running with the land, and shall be binding upon
and shall inure to the benefit of the respective heirs, successors in interest, and assigns of
both parties.
Dated this ~.~1~ day of FOov"~ct~p ,2000.
IOWA CITY, L.L.C.
I~ Lh rf:.M
"' ' mest W. e ma , 'a~;or its managing member
Attest: .¢c44~ ~- '--~-~,4 _,) By MIP Lessee, L.P.,
K. Karr,MCity Clerk its general partner
.-'4_._ By MIP GP, L.L.C.,
its general partner
City Attorney's Office By MeriStar H & R Operation Company, L .~.
Its managing member
3
By MeriStar Hotels & Resorts, Inc.,
Its general partner
e~e~nT'~,~'/~
By St . Lawrence, SX~P, Tax
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 1~ d~ day of '~el-¢...,,.,-~l. before me,
_c.,o,.,~.~ .~-F'-- , a Notary Pu~lic2[On or2
. and far the State of
Iowa, personally appeared Ernest W. Lehman and Madan 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 ~..~u~,,~l, as contained in Resolution No. oo - ?~p passed by the City
Council, on the day of '~eJ~,~.r , 20 O0 , and that Ernest W.
Lehman and Marian K. Karr acknowledged the e~'c~cution 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 'D~c_...~ oj~
) SS:
~1 INSON ~UNff )
Nota~ Public in and for the S o ~~ ~Y~,
to me personally known, who, being by me duly sworn, did say that he is the
Sv~, 1~ of Meristar Corporation, the ~rporation executing the within and
foregoing instrument, that said instrument w s signed on behalf of said corporation by authority of
its Board of Directors; and that the s id ~~ 1. ~~~ as such o~cer
acknowledged the execubon of sa~d ~n trument to be the volunta~ act and deed of sa~d
corporation, by it and by &~ vol xecuted. '
Nota~ Public in and for the 8t~6 of Iowa
~rah~anduse~it~la~.doc ~ ~_ ~ _, .... ~ ,
EXHIBIT "A"
PEDESTRIAN ACCESS EASEMENT AGREEMENT
This Easement Agreement is entered into this 12th day
of December , 1983, between the City of Iowa City,
Iowa, a'municipal corporation, hereinafter referred to as the
"City," and Harry A. Johnson, Jr. doing business as Mid-City
Hotel Associates - Iowa City, hereinafter referred to as "Hotel
Associates"; and
WHEREAS, concurrently with the execution and delivery
of this Easement Agreement, Hotel Associates is acquiring
certain land from the City, which land is located in Urban
Renewal Parcel 64-1b in the City; and
WHEREAS, Hotel Associates will acquire and construct a
hotel facility on such land; and
WHEREAS, in connection with the sale of such land from
the City to Hotel Associates, the City has required the
execution and delivery of this Easement Agreement in order to
provide public pedestrian access through such hotel facility;
and
WHEREAS, the parties tothis agreement wish to set out
the specific terms and conditions of their agreement concerning
such pedestrian access.
NOW, THEREFORE, IT IS AGREED as follows:
1. Easement Area. The easement area shall be those
two areas in Block 64, Iowa City, Iowa, as particularly shown
and described in the attached plat of survey, marked as Exhibit
A, and by this reference made a part hereof.
2. Nature and Extent of Easement. Hotel Associates
hereby grants to the City, for the benefit of the City and the
parcels identified on Exhibit B attached hereto and hereby made
a part hereof, a permanent nonexclusive'eaSement for pedestrian
access over and across the easement area. Such easement shall
be perpetual, nonexclusive and provide 24-hour access- for
pedestrian traffic.
3. Maintenance. Hotel Associates agrees to maintain the
westerly most portion of the easement area which is located adjacent to
the exterior of the hotel facility and Hotel Associates agrees to maintain
the easterly most portion of the easement area which is located in the
interior of the hotel Facility.
4. Binding Effect.. The provisions stated herein
shall be for the benefit of and bind the personal
representatives, heirs, successors and assigns of the City and
Hotel Associates, and the parcels identified on Exhibit B
hereto, and the terms and conditions set forth above shall
constitute covenants running with the land.
MID-CITY HOTEL ASSOCIATES - IOWA CITY
Harry ~. Johnson, Jr. '/
CITY OF IOWA CITY, IOWA
By Mary~e~hauser, Mayor
ATTEST:
STATE OF ,~?~,--'~ )
) ss.
me, the u e a Notary Public in and fo~ said State,
personally appeared Harry A. Johnson, Jr., to me known to be the
identical person named in and who executed the foregoing
instrument, and acknowledged that he executed the same as his
voluntary act and deed.
STATE OF IOWA )
) ss.
JOHNSON COUNTY )
On this 12th day of December , 1983, before
me, a Rotary Public duly commissioned and gua.lified in and for
said County and State, personally appeared Mary C. Neuhauser,
Mayor of the City of Iowa City, Iowa, and ~arian Karr, City Clerk
of said City, each being to me personally known to be the
identical persons and officers named in the foregoing
instrument, who executed the same under and by virtue of the
authority vested in them by the City Council of said City, and
each for himself/herself acknowledged the execution thereof to
be his/her voluntary act and deed for purposes herein expressed.
o
EXHIBIT A--PEDESTRIAN ACCESS EASEMENT FOR URBAN RENEWA! PARCF! 64-1h
The exact dimensions of the exterior and interior pedestrian easements
are to be determined by legal survey.
For illustrative purposes, locations of interior and exterior walkways:
Exterior
EXHIBIT B--PEDESTRIAN ACCESS EASEMENT FOR URBAN RENEWAL PARCEL 64-1b
Exact legal descriptions of the adjacement properties to be provided.
· For the purposes of description, those adjacent properties are as
follows:
1. Urban Renewal Parcel 64-1a
2. Urban Renewal Parcel 82-1a {College Block Building}
3. Urban Renewal Parcel 81-7,8 (Plaza Centre One)
4. Block 65 OT, Lot 5 (Lenoch & Cilek True Value Hardware Store}
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 356-5030
'k
RESOLUTION NO.
RESOLLUTION TERMINATING AN AGREEMENT FOR TEM USE OF
PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF GENE L.L.t3.,
OLD FEED S,TORE ASSOCIATES, AND GILBERT STREI INVESTORS, L.L.C.
FOR PORTIONS OF COURT AND LINN STREETS WEST HALF OF
THE ALLEY AI~,.ACENT TO OWNERS' .~ NORTH AND
SOUTH BETWEENBURLINGTON AND COURT IOWA CITY, IOWA.
WHEREAS, on September 28 1999, by Resolution No. the City Council approved
and authorized the execution an agreement for ter use of public right-of-way
between the City of Iowa City, ;ne L.L.C. ("Owne Old Feed Store Associates, and
Gilbed Street Investors, L.L.C. hboring Prope Owners), for portions of Court and
Linn Streets and the west half of Iley adjace~ owners' property running north and
south between Burlington and Court Iowa; and
WHEREAS, temporary closure of said had been requested by the Owner for
purposes of facilitating construction of a r apa~ment building located on real estate at the
corner of Court and Linn Streets legally de ed as the south five feet of Lot 10, and all of Lots
11, 12, 13, and 14 in Johnson Subdivision ~t 24 in Iowa City, Iowa; and
WHEREAS, Old Feed Store Assl ...... Street Investors, L.L.C. own property to the
east of said alley and were parties to agreemen due to their desire to ensure that they and
WHEREAS, the Owner has bre c ~e~ said agreement by peatedly occupying the entire alley
when only authorized to use the e it half of the alley in said a reement; and
WHEREAS, pursuant to Par grar '~ 14 of said agreement O er must cease and desist its
temporary use and closure o the right-of-way and remove any an all obstructions from the right-
of-way when a breach of th agreement occurs.
NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF E CITY OF IOWA CITY,
IOWA, THAT:
1 S
· aid agreement fc temporary use of public right-of-way is hereby term~ ated due to Owner's
'
.
2. If Owner fails to remove any obstructions, barricades, or signage from the public right-of-way,
the City shall remove the obstructions, barri~de, or signage, and the ~st thereof shall be
billed to the Owner for payment to the City. Upon Owner's failure to pay said billin9, the
removal cost shall be ce~ified to Johnson County as a statutoW lien and assessed against the
prope~y and collected in the same manner as a prope~y tax pursuant to Section 14 of said
agreement.
Resolution No.
Page 2
Passed and approved this day of ,20
'~ MAYOR
\ A
ATTEST: '\, , , ~'~ - / ~-~) P
CITY CLERK " City, Office
It was moved by a~d seconded by the Resolution be
adopted, and upon roll call there were: '\
\
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
eleanor/res/courtlinn.doc