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HomeMy WebLinkAbout2000-03-07 Resolution RESOLUTION NO. 00-71 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Sports Column - 12 S. Dubuque Street It was moved by Vanderhoef and seconded by 0' Donne]] that the Resolution as read 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 Passed and approved this 7th day of March ,20 00. CI City Attorney's Office clerk\res\danceprm.doc Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, !A 52240, (319)356-5138 RESOLUTION NO. 00-72 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD IMPROVEMENTS - ABBEY LANE TO HIGHWAY I 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 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. 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 7th day of Marc ~~ ove CI LE City Attorney's Office pwengVesVnormon4.doc 9/99 Resolution No. 00-72 Page 2 It was moved by Vanderhoef and seconded by O'Donne] '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 X Vanderhoef X Wilbum Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. 0D-73 RESOLUTION SE'!'rlNG A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 PEDESTRIAN BRIDGE OVERPASS [STP-U-3715(14)--70- 52] 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 C~TY, 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 headrig 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, sped~cations, 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 7th day of March ,20 00 rove City Attorney's Office pweng\res~pedbddge2.doc 9/99 Resolution No. 00-73 Page 2 It was moved by Vanderhoef and seconded by 0' Donne'l ] 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 Prepared by: Liz Osborne, Program Assistant, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 00-74 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 430 NORTH VAN BUREN STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of $5,463, executed by the owner of the property on February 24, 1997 recorded on September 29, 1998, in Book 2586, Page 207 through Page 211, and the City of Iowa City is also the owner and holder of another Mortgage in the amount of $5,700, executed by the owner on October 21, 1998 and recorded on October 30, 1998, in Book 2607, Page 17 through Page 21 in the Johnson County Recorder's Office covering the following described real estate: The North 50 feet of Lot 2, in the North 50 feet of the West 20 feet of Lot 1, ~lock 36, Iowa City, Iowa. WHEREAS, Hills Bank and Trust Company, has refinanced the first mortgage in the amount of $60,000 to the owner of 430 North Van Buren Street to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is requested that the Mortgages held by the City be subordinated to the revised first mortgage entered in to accommodate Hills Bank and Trust Company; and WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said mortgage with Hills Bank and Trust Company which was the City's original position; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Iowa City Iowa. Passed and approved this 71:h day of March ,20 00 ppdrehabVes~30nvanbu.doc Resolution No. 00-74 Page 2 It was moved by Vande~'hoef and seconded by 0' Donne] 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 X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and The University of Iowa Community Credit Union Of Iowa City, Iowa , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain mortqaqes which at this time is in the amount of $ 11,162.65 and were executed by Colleen Keith (herein the Owner), dated February 24 , 19 97, recorded September 29 , 1998 , in Book 2586, Page, 207 through 211 , and dated October 21 , 19 98, recorded October 30 , 1998, in Book 2607, Page 17 through 21 , Johnson County Recorder's Office, covedn9 the followin9 described real property: The North 50 feet of Lot 2, and the West 20 feet of the North 50 feet of Lot 1, all in Block 36, Iowa City, Iowa, according to the recorded plat thereof in Book 4, Page 421. WHEREAS, the Financial Institution proposes to loan the sum of $ 60,000 o 00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the mortgages held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted mortgage.~ held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration, The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the mo~'tcraqes of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ? day of I'~.-ck , Attest: Mayor ~ld R W~el~s , Ci . ]1~ y, CITY'S ACKNOWLEDGEMENT Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this '7 day of ~c~rcL, , ~ before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared E~-r~E..~ L~. LeL.~-~K_ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council. as contained in (Qrdinan. cc) (Resolution) No. passed (the Resolution ;adopted) by the City Council, under Roll Call No. of the City Council on the '7 day of A/~-r__~ -1'9' .~,_~--b and that E~',~..~ cd L ~.L~, .~. and Madan K. Karr acknowled ed the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2-~Y~ day of ~P---~rLL~LIrL~ , A.D. 19 2-~C>, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald R Wells and KimberlV McCoV , to me persona!ly known, who being by me duly sworn, did say that they are the Senior Vice President and First Vice President, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Donald R Wells and Kimberly McCoy 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 ppdcdbg~subrdntn.agt -~'~" · DAVID VAN DUSSELDORP r.~ MY COMMISSION EXPIRES :ITY OF 'OWA CITY TRANS #: :ASH REGISTER CASH: ~INANCE RECEIPT CHECK: PREPARED B . / -- :. / ,. / · ,. / TOTAL NOTE: LIMIT ENTRIES TO THE AMOUNT ~F SPACES PROVIDED · ~ (Io~) / ,., / / / / ' PAYABLE THRU ~v~s~v oF ~o~' o.~ ~.~ ~.~...~.4 7 9 0 7 3 8 8 7 5 "~ 69-35 ',~9 2739 . ~Y ONE HUHDI;'.ED FZFTY ~qD ~(.9/~8~ DOLLRRS """, '~"'~D A~ER 90 DAYS THE DER OF: C:i.'by Df Zo~,ja Ci'bv =~L[l]~:~'('d~a~j. n F:'e~-> FoP ~t~ Iq -~::-3/. ~-a" '~u ~ .? - ~ "p Prepared by Denny Gannon. Asst. City Engineer, 410 E. Washington St., Iowa City. IA 52240 (319) 356-5142 RESOLUTION NO. 00-75 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WALNUT RIDGE - PART SEVEN, {EXCEPT THE PAVING IMPROVEMENTS FOR LOT 78), AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Walnut Ridge - Part Seven, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Walnut Ridge - Part Seven (except those improvements for Lot 78), as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 7th day of ~,//_-J- ,2000~ .- 'IV~YOR ATrEST: ' C It was moved by Vanderhoef and seconded 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 pwen~res~nutz.uoc ENGINEER'S REPORT February 28, 2000 Honorable Mayor and City Council Iowa City, IA Re: Walnut Ridge - Part Seven Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Walnut Ridge - Part Seven (except the paving improvements for Lot 78) have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009 Prepared by: Marilyn Kriz, Parks & Rec. Division, 410 E. Washington St., Iowa City, IA 52240, 356-5110 RESOLUTION NO. 00-76 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE CONCESSION/RESTROOM BUILDINGS AT THE IOWA CITY KICKERS SOCCER PARK. WHEREAS, the Parks and Recreation Department has recommended that the work for the construction of the Concession/Restroom Buildings at the Iowa City Kickers Soccer Park, as included in a contract between the City of Iowa City and Moore Construction Company of Iowa City, dated June 15, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of March ,2000. Approved by It was moved by Vanderhoef and seconded by 0' Donne] ] 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\prkmntbld .doc Prepared by: Marilyn Kriz, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. 00-77 RESOLUTION AUTHORIZING APPLICATION FOR LAND AND WATER CONSERVATION FUND FINANCIAL ASSISTANCE FOR THE IOWA CITY SKATE PARK. WHEREAS, the City of Iowa City intends to develop an outdoor recreational facility described as follows for the enjoyment of the citizenry of Iowa City and the State of Iowa: Project Title: Iowa City Skate Park Total Estimated Cost: $250,000 Brief Description of Project: Development of a 10,000-12,000 square foot skate park to accommodate both skate boards and in-line skaters within an existing community park; and WHEREAS, Land and Water Conservation Fund financial assistance is required for the development of said outdoor recreational facility. NOW, THEREFORE, be it resolved by the City Council of the City of Iowa City. 1. The Mayor and City Clerk are authorized to make application to the Iowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance from the National Park Service in the amount of 20% of the actual cost of the project on behalf of the City of Iowa City. 2. The City Council hereby certifies the following in connection with the above authorization: a. That it will accept the terms and conditions set forth in the NPS Grants-in-Aid Manual and which will be part of the Project Agreement for any grant awarded under the attached proposal. b. That it is in complete accord with the attached proposal and that it will carry out the . development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. c. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Iowa City for public outdoor recreational use. d. That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. e. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. Resolution No. 00-77 Page 2 f. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. Passed and approved this 7th day of Har'ch ,20 00 ATTEST:C~ :~- ~ City Attorney'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 Wilbum Parksrec\resLskatepar. doc Prepared by Melody Rockwell, Assoc. Planner, City of Towa City, 410 E. Washington, Iowa City, ]~A 52240; 319/356-5251 Resolution No. O0-7R RESOLUTION ADOPTING AND INCORPORATING THE SOUTH CENTRAL DISTRICT PLAN INTO THE IOWA CITY COMPREHENSIVE PLAN WHEREAS, the City has initiated development of detailed comprehensive planning on a district by district basis; and WHEREAS, it is the City's policy to adopt district plans, which have been developed cooperatively with citizens of the community, as part of the Towa City Comprehensive Plan; and WHEREAS, the South Central District Plan incorporates principles intended to guide land use and development within an area of Towa City generally bounded on the west by Highway 218, the north by Highway 1 and the east by the Towa River; and WHEREAS, the South Central District Plan also incorporates the principles and policies of Iowa City: Beyond 2000, and considers the needs and goals of the larger community; and WHEREAS, the Planning and Zoning Commission and the City Council have held public hearings on the South Central Distridc Plan and considered the policies and guidelines for residential, commercial, industrial, recreational, environmental and agricultural development and/or preservation, as presented in the plan; and WHEREAS, the Commission and Council have found that the South Central District Plan warrants adoption and incorporation into the Comprehensive Plan of the City of Iowa City. NOW, THEREFORE, BE EF RESOLVED BY THE C~'I'Y COUNCIL OF THE C:FI'Y OF TOWA CITY: The South Central District Plan is hereby adopted and incorporated into the 1997 Towa City Comprehensive Plan. ~YOR ATTEST: 2'~_FY CLERK/~. ~ / ,- .. Passed and approved this 7th day of March ,2000. Scdresolution.doc Resolution No. 00-78 Page 2 !t was moved. by Vanderhoef and seconded by Wi ] burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum City of Iowa City MEMORANDUM Date: March 1, 2000 From: Planner Re: South Central District Plan Arterial Street Alignment Council has indicated that language should be included concerning the altemative alignments for the Mormon Trek Boulevard arterial street extension as it crosses Dane Road. Staff suggests that a text amendment could be made to the plan and the attached November 17, 1999, Davidson memorandum and the November 15, 1999, Earth Tech arterial street report and map showing the AIt. N-l, AIt. N-1.1 & AlL N-1.2 alignments could be added as an appendix to the plan as follows: Page 11: In 1998-1999, an artedal street study was undertaken to evaluate what the preferred alignment would be for a connecting artedal street between Mormon Trek Boulevard on the west and the Sycamore "L" on the west. Additional evaluation was done on the alignment of this arterial street near its proposed intersection with Dane Road. Three alternative alignments (N-I~ N1.1 and N-1.2) were evaluated and may be considered when the street is designed and constructed in the future. (See Appendix A: South Central Arterial Corridor Study Alignment Alternatives Near Dane Road.) This study also took into consideration what river crossing route would be best given traffic, environmental, land ownership/use and drainage issues that need to be addressed along this section of the Iowa River... City of Iowa City MEMORANDUM APPENDIX A: South Central Date: November 17, 1999 Arterial Corridor Study Alignment Alternatives Near Dane Road To: Planning and Zoning Commission From: Jeff Davidsdn, Assistant Director, Dept. of Planning & Community Development ~ Re: Draft South Central District Plan: Proposed alignment of arterial street Following is a brief report prepared by Earth Tech on the feasibility of moving the east-west arterial street extension of Mormon Trek Boulevard further south on the Dane and Williams properties. The report states that either of the alternative alignments can be constructed and comply with the City's design standards for arterial streets. The recommended alignment is Alternative N-l; the two alternative alignments further south have been labeled N-1.1 and N-1.2. All three alignments are shown on the attached aerial photo. Alternative N-1.1 would cross Dane Road approximately 370 feet south of the fence line on the Dane property. The original Alternative N-1 crosses Dane Road approximately 100 feet south of the fence line. Follow-up survey work prepared by Earth Tech in assembling this information indicates that the flags you observed in Mr. Dane's field on our field trip were further north than the actual N-1 alignment. The significant issue with constructing the N-1.1 alignment is the amount of additional grading required to make the intersection with Dane Road work properly. The increase in estimated construction cost of the N-1.1 alignment over the N-1 alignment is approximately $175,000, due to the increased grading cost to lower Dane Road to meet the new arterial. The N-1.2 alignment appears to have significant impacts compared to the N-1 or N-1.1 alignments. The N-1.2 alignment is directly adjacent to the Williams residences and displaces 8 to 10 lots in the Lake Ridge Manufactured Housing Park. Earth Tech's analysis also shows impacts to a linear wooded area and possible wetland areas. The N-1.2 alignment would place the new arterial very close to the residences along Dane Road. Although the increase in estimated construction cost of the N-1.2 alignment is modest compared to Alternative N-l, we do not recommend further consideration of this alignment because of the social and environmental impacts. One additional piece of information you requested was the estimated distance between the north edge of the new arterial street and the nearest mobile home in the Thatcher Mobile Home Park. The distance is approximately 50 feet from the southeast corner lot, and 90 feet from the southwest corner lot. For comparison, our required residential setback along an arterial street is 40 feet. Let me know if you have any questions or require additional information. Attachment cc: Karin Franklin Bob Miklo Melody Rockwell ppdadm/menYsocentr.doc 5ox Sycamore Street, Suite 222, P.0. Box I497, Waterloo, Iowa 50703 November 15, 1999 Mr. Jeff Davidson Planning and Community Development Civic Center 410 East Washington Iowa City, IoWa 52240-1826 Subject: South Central Arterial Corridor Study Alignment Alternatives Near Dane Road Earth Tech Project No. 31271 Dear Mr. Davidson: Telephone We have completed our evaluation of two additional alignment variations for the South 3~ 9-, 32.653~ Central Arterial in the vicinity of Dane Road. A review of the alignment in this vicinity was requested by the Iowa City Planning and Zoning Commission at their October 18, 1999, Facsimile meeting. 3x9.23a-o27~ The attached drawing shows the location of two additional alternatives, which are described as follows: Description of Alternative N-I.1 The objective of this alternative was to move the east-west segment of the arterial to the south in the vicinity of the George Dane property, while keeping the alignment north of the building site on the Williams property. The east-west segment would be located about 150 feet farther south than the previous Alternative N-1. This segment is also located about 330 feet north of the entrance to the Williams property. Alternative N-I.1 would cross Dane Road about 230 feet south of Alternative N-1. This location would place the intersection with Dane Road approximately 300-350 feet south of the crest of the hill on Dane Road. This alignment places the crossing of Dane Road about 370 feet south of the fence line on the Dane property; the original Alternative N-1 crossed Dane Road about 100 feet south of the fence line. Significant regrading of Dane Road would be required to create a platform for this intersection, with cuts of approximately 10 to 12 feet below existing grade. We have shown a relocation of Dane Road to shift the north leg of the Dane Road intersection about 200 feet to the west, where the grades would be more favorable. E A R I H ~ T E C H Mr. JeffDavidson November 15, 1999 Page 2 Description of Alternative N-l.2 This alternative places the east-west segment of the arterial along the existing entrance road to the Willjams property. The intent of this alignment is to avoid displacing any of the buildings on the Williams property. To the east of the Williams farmstead, the alignment would be shifted back to the north, crossing Willow Creek, to avoid the existing lake and the Colonial Lanes building. Several of the building lots in the Lake Ridge Manufactured Housing Park would be affected by this alignment. The intersection of Dane Road for this alternative would be about 420 feet south of Alternative N-I. This would place the intersection with Dane Road near the bottom of the hill, just north of the first residence. This alternative would require considerably less grading on Dane Road than the previous Alternative N~ 1.1. All of the alternatives would meet the city's design standards for arterial streets. The following is a summary of the significant differences between the alternatives. Comparison of Impacts - Alternative N-I.1 · East of Dane Road, this alternative is located on a flatter portion of the side hill, as compared to Alternative N-I. Estimated side hill slopes are approximately 10 to 12 percent, as compared to 14 to 20 percent for Alternative N-1. While either slope is within a reasonable range for constructing a roadway of this type, the steeper slopes may require increasing the right-of-way width by 20 to 30 feet. · Alignment bisects Dane and Williams properties just east of Dane Road. · Requires major reconstruction of Dane Road for new intersection. The Dane Road realignment would require additional right-of-way and would increase the overall construction costs as noted below. · Shifts alignment approximately 200 feet farther south of building site on Dane property. · Shifts alignment approximately 150 feet closer to building site on Willjams property. · No significant environmental constraints have been identified. · Increases estimated construction costs approximately $175,000 compared to Alternative N-1. Most of the increase is due to increased grading costs and the lowering of Dane Road to meet the new arterial. Right-of-way costs have not been estimated. F A R T H ~ T E C H Mr. JgffDavidson November 15, 1999 Pagg 3 Comparison of Impacts - Alternative N-1.2 * Shifts alignment approximately 470 feet farther south of building site on Dane property. · Places arterial immediately adjacent to building site o,n Williams property. · Places new arterial close to existing homes on the west side of Dane Road. · Will impact a linear wooded area just south of the Williams property. This area, adjacent to a drainageway, is not identified as a wetland on the NWI maps. However, the soils appear to have hydric inclusions, which indicates wetlands could be present. The linear wooded area may also be a natural corridor for wildlife travel and habitat. · Requires relocation of Dane Road to construct new intersection, although considerably less extensive than Alternative N-I. 1. · Impacts approximately 8 to 10 platted lots in the Lake Ridge Manufactured Housing Park. · Increases construction costs an estimated $30,000 compared to Alternative N-I. Right- of-Way costs have not been estimated. The above comments summarize our major findings on this evaluation. Please note that the alignments shown on the map represent a "planning level" design and would be subject to change and refinement during final design when actual ground surveys are obtained. If you have any questions or need additional information, please give us a call. Very truly yours, Earth Tech Attachment: As Noted T/L/Jdavid.doc F A R T H ~ T E C H 4120 Dane Road Iow~ City, IA 52240 February 24, 2000 TO: THE IOWA CITY COUNCIL Dear Friends, Although there ~ras a brief discussion at the February 14th work session about some kind of ranking or prioritization of the routes for the arterial across the south end of the Dane Farm, it was clear on Tuesday night that the Councilwanted to leave this open or loose. If this is the final outcome, we can live with that. We much appreciate the Council's openness to our concerns. We also appreciate your concern for Tom and Karen Willjams, which we share. They have been friends and good neighbors for over 40 years. Attached is what might be "new information". This may or may not change your thinking. I admit what I am suggesting is not as flexible as leaving everything undecided. It would point out to future councils the undesireability of N-1 and of cutting into the side hills. However, all the other key options would remain to reflect conditions existing at some future date. Whatever the result, we thank you for your consideration and for taking the time to evaluate what we have said. Sincerely yours, February 21, 2000 Following the February 15th public hearing on the South Central Plan and the proposed arterial street, I got to thinking abut the Airport Con~nission's plans for the north end of Dane Road. There has been very little discussion abut this, and there is some interaction between what the Airport Conm~ission will be doing and the south central arterial. The Airport Cen~nission will extend its SW-NE runway (~6-24) to the southwest. When this happens, the north end of Dane Road will be closed because it will be in the glide path. These plans are well underway and only awaiting funding. The trailer court off the west end of runway 6-24 has already been purchased and cleared. When Dane Road is closed, a temporary outlet will be built west to Morman Trek. This is shown, but not very well, on page 19, Exhibit J, of the November 1999 draft of the South Central plan. I have blown this up and labeled some terrain features. I have heard discussion to the effect, "Why'build a temporary outlet to Morman Trek for the north end of Dane Road, when at some time there will be a regular road to Morman Trek just over the hill to the south? Why not take the money to build the temporary road and apply it to building the west leg of the arterial?" That appears to make sense. FUnding for the runway extension and the temporary outlet very likely will come before the arterial is ready to be built. This caused me to re-orient my thinking 180©. I have always pictured the arterial being built west from Riverside Drive. Now it could be the other way around and be built east from Morman Trek. That makes for a different perspective. I don't think this possibility was envisioned at the time P&Z's consultants were commissioned to make their study, but it does not'i~validate any of their work. To connect the Morman Trek-Hwy 1 intersection with Dane R~ad~ it would appear logical to go southeast and hit Dane Road somewhere around the wes.~ end of the county road leading to the Willjams' home. ~C) ='.~ ~-~' This would be a right-angle intersection, down on flat ground, and could be a very useful and smooth alternative to a temporary connection at the north end of Dane Road. An intersection on the flat ground will be better and safer than a skewed dead-end intersection, in the middle of a side hill, aw~aiting connection to N-lorN-l.1. This Morman Trek connection might be in place for many years before the rest of the arterial is built east to Riverside Drive. A flat-ground intersection would be a good place to begin. Depending upon conditions at that time, there would be the options of following the existing county right-of-way leading to the Willjams property, swinging north around the Williamshome, or following N-1.2 or some modification there of. This I have sketched on Map 3. Designating the Dane Road intersection to be in the vincity of the the west end of the existing county road, would protect a logical route for an early connection to MormanTrek. The alignment for the rest of the arterial east to Riverside Drive could be left undesignated. All the options for proceeding to Riverside Drive would remain open, including how toby pass the Willjams property. Food for thought. George R. Dane Prepared by: Kevin L. Doyle, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5253 RESOLUTION NO. 00-79 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY200'I IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public transportation system; and WHEREAS, the Iowa Department of Transportation offers financial assistance to local governmental units for their public transportation systems; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That we, hereby, authorize Stephen J. Atkins, City Manager, on behalf of the City of Iowa City, to apply for financial assistance as noted below and to enter into related contract(s) with the Iowa Department of Transportation. From the State Transit Assistance Program: 3.139403% (approximately $327,346) of Formula Funds From state-wide federal capital assistance for transit: $8,459,638 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Iowa City has sufficient non-federal funds to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this project. We request the State Transit Assistance formula funding be advanced quarterly as allowed by law, to improve transit system cash flow. Passed and approved this 71:h day of Ma~'ch ,2000 AY~OR, City of Iowa City~~''~~ Approved by arr, CITY CLERK City Attorney's Office jccogtp~staLstaresic.doc Resolution No. 00-79 Page 2 It was moved by Champion 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 X Vanderhoef X Wilbum Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356~5030 RESOLUTION NO. RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE NEAR SOUTHSIDE TRANSPORTATION CENTER PROJECT. 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 Near Southside Transportation Center Project ("Project") which includes construction of the Near Southside Transportation Center on the half block of Block 102 of the Original Town of Iowa City, Iowa which is bordered by Burlington Street on the north, Dubuque Street on the east, Court Street on the south, and the Block 102 north - south alley on the west; 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, 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 Near Southside Transportation Center Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Near Southside Transportation Center 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 will attempt to relocate existing tenants and property owners on the site who so desire into the new structure and will make such attempt prior to offering the commercial space for sale or rent to the general public. Resolution No. 00-80 Page 2 5. 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 purchase of property and/or easements, and offers to purchase property and/or easements. 6. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attomey, 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. 7. 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 7th day of f, lar'ch ,20 nn . C~EERK: City Attorney's Office It was moved by Vande~'hr~,f and seconded by ~4i 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 eleanorires/near sside res authorizing acquisition Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA(319) 356-5030 \. RESOLUTION NO. \ RESOLUTION DE RING THE CITY'$ INTENT TO Pt WITH AND WHEREAS, notice of public on the City's intent to with a public improvement project and to acquire property ri the above-named ect was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City construct Near Southside Transportation Center Project ("Project") which includes of the Ne Southside Transportation Center on the half block of Block 102 of the Original Iowa which is bordered by Burlington Street on the north, Dubuque Street on the Street on the south, and the Block 102 north - south alley on the west; and WHEREAS, the City Council has determined th~ construction of the Project is a valid public purpose under State and Federal law, and ha determined that acquisition of certain property rights is necessary for the proposed d WHEREAS, City staff should be authorized to !ssary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED tHE CITY COL CIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with Near Southside Center Project. 2. The City Council finds that it is in public interest to property rights necessary for the construction of the Near ~uthside Transportation Project, which Project constitutes a public improvemer under Iowa law. The Council further finds that acquisition of said property rig s necessary to carry out the ctions of the Project, and that such Project constitutes a va id public purpose under state and law. 3. The City Manager, or designee in consultation with the City Attorne~ Office, is authorized and directed to establish, on 3ehalf of the City, an amount the ~ity"'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 va%e. 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 purchase of property and/or easements, and offers to purchase property and/or easements. Resolution No. Page 2 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 Jate the purchase of said property rights. The City Attorney is hereby directed to necessary action to complete said ~s, as required by law. 6. In the event the necessary 'ights for the Project cannot be by negotiation, the City Attorney is hereby and directed to initiate proceedings for acquisition of any and all property necessary to fulfill the of the Project, as provided by law. Passed and approved this day of 20 MAYOR by ATTEST: ,~"'~/- ~ (P CITY CLERK Office It was moved by and seconde~ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cham Kanner Lehman O'Donnell Pfab Vanderhoef eleanorires/near sside res authorizing acquisition l Wilbum Prepared by: Jeff Davidson, Asst. Director, PCD 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 00-81 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND OPN ARCHITECTS, INC. WHEREAS, the need to construct the Near Southside Transportation Center has been identified in the Near Southside Neighborhood Redevelopment Plan and the City of Iowa City Capital Improvements Program; and WHEREAS, the City Council has identified a site for said Near Southside Transportation Center on Block 102 south of Burlington Street; and WHEREAS, OPN Architects of Cedar Rapids, Iowa, in a team with HLM Architects of Iowa City, Iowa and Desmond Parking Consultants of Chicago, Illinois have shown that they have the experience, the available staff, the skill and the desire to complete Phase I architectural and engineering services for the Near Southside Transportation Center; and WHEREAS, the design and engineering process will include substantial input from the public; and WHEREAS, City staff has negotiated a consultant agreement with OPN Architects of Cedar Rapids, Iowa to conduct Phase I design and engineering services of such a facility, a copy of which agreement is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The consultant's agreement attached hereto is in the public interest and is approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest said consultant agreement. Passed and approved this 7th day of Hatch ,2000. rove y CI City A~orney's Office ppdad mi nVes~earsout. doc Resolution No. 00-81 Page 2 It was moved by Champion and seconded by ~1i '1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab × Vanderhoef X Wilburn NEAR SO UTHSIDE TRANSPORTATION CENTER IOWA CITY, IOWA CONSUL TANT AGREEMENT THIS AGREEMENT made and entered into this 7th day of March ,2000 by and between the City of Iowa City, a municipal corporation, heroinafter referred to as the City and OPN Architects, Inc., herein. after referred to as the Consultant. WrHEREAS, the City of Iowa City seeks to utilize the architectural services of OPN Architects, Inc. for consulting services for the new Near Southside Transportation Center, hcreinafi~r referred to as the Project. Project Descripaon: The City of Iowa City desires to construct a multi-use, multi-modal transportation center on half of Block 102 in Iowa City. The footprint of the proposed site currently consists of a surface parking lot, a small office building, a vacant commercial building and associated parking lot, and a two-story bank building and associated parking lot. None of the properties are currently controlled by the City of Iowa City. It is anticipated that all existing bu~dings on the proposed site will be demolished in order to complete the project. The proposed transportation center will contain commercial space for retail or office uses on portions of the first and possibly second levels of the facility, with commercial spaces facing the street level on all sides of the building. The transportation center will contain between 450 and 600 parking spaces, depending on the square footage needs of the other functional areas. The structure will include space for intercity bus operations, a daycare center, public art, covered bicycle parking, and a utility bill drop-off station. The City will attempt to relocate any existing tenants on the site rote the new structure, and the phasing of construction of the facility will need to take this into consideration. The consultant will be specifically asked to evaluate the relocation of the existing bank on the site into the new facility, including a drive-up banking facility. The north-south alley in the center of Block 102 will be vacated consistent with private redevelopment plans for Block 102. The City's facilities will be owned and operated by the City of Iowa City and will be financed jointly by the Federal Transit Administration and by revenue bonds or general obligation bonds issued by the City of Iowa City. Other sources of locally generated revenue may also be used to finance the project. The City anticipates the consultant services described herein to be completed by December 2000. NOW THEREFORE, it is agreed by and between the parties that the City does now contract with the Consultant to provide services as set forth herere. I. Scope of Services: A. Consultant agrees to perform the following services for the City and to do so in a timely and satisfactory manner. 1. Schematic Design Phase: 2 a. The Consultant shall be familiar with the Near Southside Neighborhood Redevelopment Plan and Near Southside Design Plan, and shah prepare plans and specifications for the facility consistent with the planning and design principles contained in these documents. b. The Consultant shall become familiar with private redevelopment plans for the remainder of Block 102 inchd_ing meeting as necessary with private property representatives of Block 102. The Near Southside Transportation Center shall be designed in a manner, which takes into consideration and is complementary to private redevelopmeat plans for the remainder of Block 102. c. The design of the project shall incorporate all functional areas stipulated for the facility. There shall be no vehicular entry and exit permitted on Burlington Street. The facility will be a mix of commercial space, an intercity bus terminal, a daycare center, a taxi stand, parking, and covered bicycle parking. The Iowa City Transit system will not operate through the fac~ity, but shah operate on the adjacent streets and facilitate a "park and ride" timelion of the facility. d. The selected consultant shah be familiar with the building code issues associated with constructing occupied commercial spaces within a structure that includes parking. All architectural and engineering work completed by the selected consultant shah be approved by the City of Iowa City Division of Building Inspection prior to the letting of the project. e. The following elmeats shall be included in the design of the project and preparation of schematic design documents: 1 ) The Consultant shall meet as needed with City staff, City Council, the Iowa Department of Transportation, the Federal Transit Administration, and as requested, other community groups to confirm design criteria and discuss project elements. 2) The Consultant shall prepare preliminary drawings for discussion including site plans showing site relationships, floor plans, parking control equipment, and miscellaneous amenifies of the project. 3) The Consultant shall provide a written description concept and ou~ine specifications indicating the major building materials, mechanical, electrical, structural, and other systems required for construction of the project. The Burlington Street, Dubuque Street, and Court Street facades of the proposed transportation center shall have a masonry finish and be designed to resemble an urban building. 4) The Consultant shall prepare a preliminary estimate of construction cost, including site development costs, in sufficient detail to identify any project phasing requirements, contingencies, design costs through construction administration, inflation, and any add or deduct alternates recommended. 5) The Consultant shall be available to assist City staff in presenting the final project design to community groups. 6) The Consultant shall prepare drawings and other documents which depict several alternative concepts, which satisfy program, schedule and budget requirements, and make a recommendation to the City as to the most appropriate and/or ranking of the alternatives. Consultant shah rigid mount one set of drawings for public presentation. 7) The Consultant shah prepare all materials related to this project in a manner consistent with the requirements of the Federal Transit Administration of the United States Department of Transportation, and the Iowa Department of Transportation acting as administrative agent for the Federal Transit Administration. 8) The Consultant shall assist the City with project elements related to relocating existing commercial tenants of the site into the new transportation center. 9) The Consultant shall evaluate constructing a direct physical connection from the proposed transportation center to adjacent buildings if this is determined to be desirable. 10) The Consultant shall assist in the preparation of historical docmentation of any site structures prior to demolition. f. The City shall be provided with the original and 20 copies of the final schematic design plan report. Seven copies of the draft design plan report shah be available for review by City staff. All elements of the final schematic design plan report shall be reproducible using a photocopy machine. g. The Consultant shall complete schematic design according to a schedule for letting the project that would allow construction to begin in the spring of 2001. h. The Consultant shah assist the City in obtaining gcotechnical services, survey work, and a Phase I baTardous material survey. The cost of gcotechnical services, survey work, and hazardous material survey work will be the responsibility of the City. These services will be contracted directly with the City, and may involve the preparation of a Request for Proposal. i. Upon approval of the schematic design by the City the Consultant shall prepare final schematic plans, specifications, and cost estimate. j. The Consultant shall prepare drawings and other documents that describe the project's size, structural system, exterior appearance, colors and materials, mechanical and electrical systems, floor-to-floor relationships, site relationships, and other appropriate elements. k. Consultant shall rigid mount one set of drawings for pubhc presentation. 1. Consultant shall update the schematic design preliminaxy construction m. The Consultam shall obtain City approval prior to preceding to the next phase of design. n. Consultant shall provide one rigid mounted set (24" X 36") of colored, with shades and shadows, building elevations for presentation to the City Council. o. Consultant shall prepare a 24" X 36" full color perspective rendering of a view approved by the City. B. The City Agrees as Follows: 1. The City shall provide information regarding special equipment and system requirements of the Project. 2. The City shall provide an updated budget including construction costs, City costs, and contingencies. 3. The City shall design_ate a staff representative as the primary contact for the consultant to coordinate any City response required of inquires by the Consultant. City decisions and responses will be rendered in a timely manner. 4. The City shah furnish all tests, inspections, and reports required by law or the contract documents. 5. The City shall respond in writing if information, surveys, and reports given to the Consultant have questionable reliability, beyond those disclaimers given in such information, surveys, and reports. 6. The City shall promp~y in writing inform the Consultant of any Project deficiencies discovered by the City during its normal review of the progress of work. 7. If the City requires certification of any portion of the Project work by the Consultant, the language of such certification shall be submitted to the Consultant for review and mutual approval at least 14 days prior to execution. II. Time Of Completion: A. The Consultant shall complete the various phases of the Project in accordance with a mutually agreed upon schedule, in accordance with the final schematic design report, which shall include a specific time of completion 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 that the "lump sum" amount listed in Section IV. The City may terminate the 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 made available by the City upon reasonable request by to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to the 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 City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon mation of the Agreement and upon demand by the City, copies of all basic notes and sketches, charts, commutations, and any other data prepared or obtained by the Consultant pursuant to the Agreement without cost, and without restrictions or limitations as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional architect affixed thereto or such seal as required by Iowa law. I. The City agrees to render the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the mount 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 fTom the invalid portion and continue in full force and effect. L. The drawings, specifications, and other documents prepared by the Consultant for this Project are instnunents of the Consultant's service for use solely with respect to this Project and, unless otherwise provided, the Consultant shall bc deemed the author of these documents and shall r~rain all cormnon law, statutory and other reserved fights, including the copyright. The City shall be permitted to retain copies, including reproducible copies of the Consultant's drawings, specifications and other documents for information and reference m connc~'don with the City' s use and occupancy of the Project and the design, use and occupancy of subsequent City projects. Consultant shall have no liability for City' s use of said documents m connection with subsequent projects. Other than the City, the Consultant's drawings, specifications or other documents shah not be used by others on other Projects, unless the Consultant is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Consultant. M. Fees paid for securing approval of authorities having jurisdiction of the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges 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 provisions enumerated in Section 362.5. IV. Compensation For Services: A. The Schematic Design Phase services shall be performed on a time and material basis, not to exceed $103,500 (one hundred three thousand five hundred dollars). This amount includes $5,500 for reimbursable expenses. B. Payments: 1. Payment for billed services shall be made within thirty (30) days of receipt of Consultant's invoices. 2. Reimbursables: The following shall be considered the only reimbursable expenses allowed when directly incurred for work on this Project (payments shall be made on scheduled check release dates as per above as sums accumulate). Reimbursable expenses shall not exceed $5,500. a. Automobile travel at 32 cents per mile; other transportation expenses in connection with the Project. b. Long distance communications. c. Reproductions of drawings and specifications other than those used for the Consultant's M-house use among employees and sub-consultants. The number and cost of Bid Documents shall be agreed to in writing. d. Postage and handling of documents. e. Lodging as required for Consultant's consultants. f. Reimbursable expenses are to be calculated by applying a multiple of 1.1 to expenses incurred by the Consultant, Consultant's employees, and sub- consultants. 7 3. Additional Services: Additional services are those Consultant services beyond those described in the scope of services and agreed to in writing by both parties. Payments for additional services, if any, shall be made as incurred and as per City' s scheduled check release dates as noted above. Computation for additional Consultant services shall be calculated as follows: a. Principals and employees time per the schedule of hourly rates provided for the personnel involved, as provided in Attachment "A". b. Sub-consultants at 1.1 limes amounts billed the Consultant. C. The City recognizes for budgeting purposes the Consultant cannot warrant or represent those actual bids or negotiated prices will not vary from the City's project budget construction cost estimates. D. The Consultant' s records for the preparation of fees pertaining to the project shah be available to the City or City' s authorized representative at mutually convenient times. V. Miscellaneous A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the architectural profession. B. It is further agreed that them arc no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. The Consultant may use exterior and interior photographs, drawings, and renderings of this project in the Consultant' s promotional materials. D. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Coasultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $ 1,000,000.00. E. Noth~g contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party ag_ain~ either the City or the Consultant. F. The Consultant shall have no responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to hazardous or toxic substances which existed on site previous to this Agreement, or prior to discovery of such materials. G. In an effort to resolve any conflicts that arise during the design and construction of the project or following the completion of the project the City and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. H, The City and Consultant further agre~ to include a similar mediation provision in all Agreements with contractors and consultants retained for this project and to require all contractors and consultants also to include a similar mediation provision in all Agreements with subcontractors, sub-consultants, suppliers, or fabricators so retained, thereby providing for mediation as the primary method of dispute resolution between parties to those Agreemonts. I. The Consultant shall prepare all materials related to this project in a manner consistent with the requirements of the Federal Transit Administration of the United States Department of Transportation, and the Iowa Department of Transportation acting as administrative agent for the Federal Transit Administration. FOR THE CITY FOR OPN ARCHITECTS, INC. Mayor:. %,'- Tifie: (~[iCa~f" Date: March 7, 2000 Date: ~"Eq'~)C) City Attorney's Office Dat~: J ' ?- ' O 0 jccogadmXagf~soside.doc 9 A TTA CHMENT A OPN ARCHITECTS, INC. 2000 HOURLY FEE RATE PRINCIPAL SI10/HOUR ASSOCIATES $80/HOUR PROJECT ARCHITECT/PROJECT MANAGER $65/HOUR ARCHITECT $55/HOUR JOB CAPTAIN $45/HOUR SENIOR CADD OPERATOR $40/HOUR CADD OPERATOR $35/HOUR INTERIOR DESIGNER $40/HOUR OFFICE MANAGER $50/HOUR SENIOR CLERICAL $30/HOUR CLERICAL $25/HOUR These rates are subject to annual a~iustment (on or about January 1) and your contract will adjust accordingly. 10 A TTA CHMENT A DESMAN ASSOCIATED HOURLY RATES Principal ............................................................................................................$150/hour Associate ..........................................................................................................$120/hour Project Manager ................................................................................................$110/hour Parking Planner .................................................................................................$100/hour Architect/Engineer ............................................................................................$100/hour Technician ...........................................................................................................$80/hour CADD Operator/Drafhperson ............................................................................$70/hour Note: Rates effective through December 31, 2000. A TTA CHMENT A HLM DESIGN HOURLY RATE SCHEDULE HLM Design: Hourly Rate Principal-in-Charge $140.00 Project Director Architect / Engineer $120.00 Project Architect / Engineer $ 95.00 Designer (Engineering) $ 80.00 Technician $ 65.00 Clerical $ 50.00 03-07-00 10 Prepared by: Daniel Scott, Engineering, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 00-82 RESOLUTION REJECTING BIDS RECEIVED ON FEBRUARY 23, 2000 FOR THE TRANSIT METHANE ABATEMENT PROJECT, PHASE 2, AND SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRANSIT METHANE ABATEMENT PROJECT, PHASE 2, 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 23, 2000 for the Transit Methane Abatement Project, Phase 2, and the lowest bid exceeded the Engineer's Estimate by $55,000.00, 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 23, 2000 for the Transit Methane Abatement 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 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. 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 71:h day of Approved by CI City Attorney's Office pwengVes~transmeth.doc Resolution No. 00-82 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 /O REQUEST FOR BIDS METHANE ABATEMENT PROJECT IOWA CITY TRANSIT FACILITY PHASE 2: LANDFILL GAS ABATEMENT SYSTEM CONSTRUCTION Sealed Bids will be received by the City Clerk of the City of Iowa City, Iowa, until 4:30 P.M. on the 23rd day of February, 2000, or at a later date as determined by the Director of Public Works or designee, and shall be received in the City Clerk's office no later than said date and time. Sealed bids will be opened thereafter by the City Engineer or designee and there upon be referred to the City Council of the City of Iowa City for action upon said bids at its next meeting to be held at the Council Chambers, Iowa City Civic Center, Iowa City, Iowa at 7:00 P.M. on the 07th of March, 2000, or at such later time and place as may then be fixed. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. The Project will involve the following: The installation of a buded horizontal vapor collection manifold line (approximately 300- feet in total length) and associated concrete vault boxes (6-total), Construction of a 30 X 30-foot metal arch building supported on a concrete floating slab foundation, A new electrical service, procurement/fabrication/ installation of landfill gas abatement equipment at the Iowa City Transit Facility. All work is to be done in strict compliance with the plans and specifications prepared by Terracon, of Rock Island, Illinois, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Because the work is eighty (80) percent Federally funded, compliance with FTA requirements is mandatory. Prospective bidders can obtain a copy of the Bid Package by contacting Terracon at 309-788- 1500. A $50.00 deposit, in the form a certified check will be required. Each proposal shall be completed using the forms supplied in the Bid Package and must be accompanied in a sealed envelope, separate from the one containing the proposal, 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. AF -1 The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. 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. Prospective bidders are advised that the City of Iowa City desires to employ disadvantaged business enterprises (i.e. 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. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK AF -2 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 00-83 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 200t. WHEREAS, a public headng on the proposed budget for the fiscal year ending June 30, 2001 was held on February 29, 2000, at regularly scheduled City Council meetings and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual budget for the fiscal year ending June 30, 2001, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 7th day of March ,2000. City Attorney'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 X Vanderhoef x Wilburn linadmVe~annllxlgtdoc March 8, 2000 Tom Slockett, Johnson County Auditor Johnson County Administration Bldg. 913 S. Dubuque Street Iowa City, Iowa 52240 Dear Tom: Enclosed please find the following proceedings and materials for certification of the FY2001 budget for Iowa City, Iowa, July 1, 2000 through June 30, 2001. 1. An original proof and copy of publication of Notice of Public Hearing - Budget Estimate. 2. Resolution No. 00-83 Adopting the FY2001 budget. 3. Two copies of the Adoption of Budget and Certification of taxes (Form 635.1) 4. Two copies of the Adopted Budget Summary (Form 635.2A). 5. Two copies of the Resources Detail (Form 631.B). 6. Two copies of the Requirements Schedules (Form 631.A pages 1 & 2). 7. Two copies of the Long-Term Debt Schedule (Form 703). If you have any questions please contact Keyin O'Malley, Finance Director at 356-5052 or Deb Mansfield at 356-5051. Sincerely, City Marian K. Karr, CMC/AAE City Clerk Encl. 410 EAST WASHINGTON STREET * IOWA CITY. IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 DUPLICATE // .... OF ORIGINAL ON FILE Form 635 1 The Department of Management Adoption of Budget and Certification of City Taxes HAR O 9 2000 Fiscal Year July 1, 2000 - June 30, 2001 City Name: ]Iowa City CguntyNam.: Johnson 'J;~i~~~d: 3/7/00 JOHNBON 00. AUDITOR At a meeting of the City Council, held after the public hearing as required by law. as specified above. the proposed budget for July 1, 2000 through June 30. 2001 was adopted as sumr'r~dzed and County Auditor Date Stamp January 1, 1999 Property Valuations POPULATIE ON: 60,148 ......... .W..Lt.h..G..a.s...&..E.p..cJ..d.c' ............ ..W.i.t.h.o..u.t..G..a.s...&..E.p..c.t.d.c. ........ Regular 28 1,810,400,475 =b 1,764,995,975 Regular plus TIF(irnor~Fva~uere-enterRegu~ar) 38 1,822,004,840 sb 1,776,600,340 Ag Land 48 2,346,160 4b 2,346,160 TAXES LEVIED (A) (B) (C) Code Request with Property Taxes Sec. LImit Purpose Utility Replacement Levied Rate 384.1$8,10000Regular General levy s 14,664 ~ ,_,j_~,_2,9~ 467 12(8) $.875 ContractforuseofBridge ';'; .............................................;iii;i',i;i;ii ................. ....................U'ii::4:: ,2(1o)S.95 Opr&MaintpubliclyownedTransit 7 1 719 ~0~i!~i~i!~iiii~~5"~2~5 i~j:iE!,8 .... t2H21 $.135 Opr & Maint of City owned Civic Center g .. 47 t2(13) $.0675 Planning a Sanitary Disposal Project 10 48 12(14> $.27 Aviation Authority (under sec.330A.15) 11 __ 12(15> A~ Nec Joint city-county building lease 42 50 12(16) $.0675 Levee Impr. fund in special charter city 43 i 51 12':2' '....' ';...Support of a Lcca! Emge-g.Mgmt. Ccmm. .'.,.z : {384, Vc. ted Other Pc~.,'~:7,ss#bic, L. ev/es 42(21 $.84 Memorial Building 48 .... 7:::!!!~::i~j~i ................... i!:i 54 _ 55 t2(4) $.27 Cultural &Scientific Facilities 48 . iu~ii::.- 56 12(5) AS Voted COUnty Bridge 49 ................. 57 12(6) Sl.35 Missi or Missouri River Bridge Const. 20 E "'~. _' 'ST: ' _ 58 12(9} $.03375 Aid to a Transit Company 21 y:E::::i:;i::!::: ...................... 59 .2(.7) s.208 Maintain Institution received by gift/devise 22 i",~"i!',!',!'j", ................. 12(19) $1.00 City Emergency Medical District 463 iEi~i~ii!f~ 466 28E.22 $1.50 Unified Law Enforcement 24 i!iiEiii!i~i!i 82 Total General Fund Tax Levies (25 + 26> 2~ 17 ~2fi1., 65~);:i;'ii~iiiiEEi;1 ¢, ~4., .- 384.8 $.27 Emergency (if general fund at levy limit ) 28 ......... ~4_88,808ii!Ejiiii~i,, ........ 476,549 :-:! 64 384.611)~, Nec Police & Fire Retirement 29 972 J42iiEjEi;ii!Ei~i 947,662" ;;:i~:: 'ArmNec FICA& IPERS (if general fund at levy limit ) 3o_'%'.':~i'~L~T~"-~E~ii!!~i!jiii~!~ .........3.%~58,653 ~; ToMtEmployeeBenefllLevles (29,30,31) 32 3,B40,238::iZiiEEii~E!~Ef:i3,451,443 i~ 88 Sub Total Special Revenue Levies (28+32) 33 4,029,046~EEiii;Ei;iEjEEiEE3,927,992 ...... Total SSMID (34 thru 37) 38 !~ Do Not Add Total Special Revenue Levies (33+38) 39 4,029,046!~i~i~iii~iii 3,927,992 384.4 A~Nec Debt Service Levy 76.10(6) 40 ....... 5_,.4.~48,_Z_89 40 .... _5~_,.3_!.~_,_426 70 384.7 As Voted Capital Projects (Capital Improv. Reserve) 41 44 71 Total Property Taxes (27+39+40+41) ,~ 26,758,894 ,2 26,088,827 72 County Auditor - I certify the budget is in compliance with all the following: The prescribed Notice of P'ublic Headng Budget Estimate (Form 631.1) was lawfully published. or posted if applicable, and notarized, filed proof was evidenced. Budget hearing notices were published or posted not less than 10 days, nor more than 20 days, pdor to the budget hearing. Adopted property taxes do not exceed published Or posled amounls. Adopted expenditures do not exceed published or posted amounts in each of the four program areas, or in total. Budget Issues FY2001-2003 (Note page in budget where appropriate) · Reduce economic development (p.104)-$250,000 proposed operations budget of $500,000 from special revenue accounts, not General Fund Increase parking fees ? Reduce 3 police officers, by attrition, over-$150,000 3-year period · Funding for Arts Iowa City (General Fund)+$7,500 Funding for Johnson County Crime Grant+$10,000 (General Fund) · Add 3 firefighters (General Fund)+$143,000 · Increase the subsidy from the General Fund to? Transit (General Fund) Recreation fees increase limited to rate ofno change inflation, assume 3% (General Fund) mgr/budget/01-03issues.doc ill Budget Issues FY2001-2003 (Note page in budget where appropriate) · First Avenue/Captain Irish Parkway (p. 123 ) · Amend, delay, delete, split, leave alone (need Council expression of policy) · Location of 4th fire station (p. 139) · Water lines along First Avenue · Cost of First Avenue widened - south of Rochester Increase funding of public art to $100,000. This+$25,000 increase would be by way of additional G.O. debt. (p. 137) · ½ Recreation Supervisor (General Fund)+$24,000 Eliminate the DARE program from Iowa City-$68,000 schools (would reduce complement of Police Officers by one) (General Fund) · Reduce ICAD contribution - currently $50,000-$25,000 (p.59) (General Fund) mgr/budget/O 1-03issues.doc 5TEVEN KANNER City Councilmember. Iowa City Home Address.' 2315 E. gFashington, Iowa City, Iowa 52245 (319)338-8865 COMMON SENSE BUDGET SUMMARY Capital FY '01 FY '02-04 General Fund FY '01 FY '02 ~03 Improvement ' Remove from Additional ~ Revenue 1=Ave. Extension, $500,000+ Increase Parking >$600,000 $600,000/yr. north of Rochester Fees ($.20Pnr) Widening 1 st Ave., >$1.5 million Increased >$15,000 >$ 35,000/yr. south of Rochester FederaFState Funding for increased bus riders Mormon Trek Street $1.25 million $500,000 Do not replace three $50,000 $100,000 (FY '02); Widening retiring police $150,000 (FY '03) officers Near Southside $2.4 million $250,000 Economic $12,500 Parking Ramp Development Fund (taken numerous Reserve Funds) Interest Police HQ $594,000 Expansion- 2Nd F1. Economic $500,000 $500,000?/yr.* Development (not included in Strategy (Capitol TOTAL) Projects) TOTAL $2,346,000 $4,900,000+* TOTAL $677,500+ $1,520,000 Add to Budget: Add to Budget.' Annual Allocation $25,000 $25,000/year Add Bus Routes and $400,000 $400,000/yr. for Art (in addition Lower Fares to $75,000) Three Fire fighters $143,000 $143,000/yr. Natural Areas $48,000 $48,000/yr. Manager Afternoon Rec. Sup. $24,000 $24,000/yr. Arts Iowa City $7,500/yr. $7,5007/yr. Parks & Rec. Fee $12,500 $12,500/yr. Support TOTAL $25,000 $75,000 TOTAL $635,000 $1,270,000 Study Finds Project D.A.R.E. DARE Ineffective A study published today by the American Psychological Association found that Project D.A.R.E. (Drug Abuse Resistance .Education) has no long-term effect on substance use. University of Kentucky researchers found that the police-led series of classroom lessons designed to teach students how to say no to drags and alcohol only showed some short-term improvements. They tracked more than 1000 sixth graders who went through the D.A.R.E. program and revisited them 10 years later. Of those students, 23 percent smoked half a pack of cigarettes a day in the previous month and 30 percent used alcohol at least once a week in the past year. Donald Lynam, the study's lead author, said that the program is flawed because it only focuses on peer pressure and self-esteem. Source: Stephaan Harris, "Schools' Anti-Drug Message. Fails To Last," USA TODAY, August 2, 1999, p. D 1. K~ Citation l ~nique Identifier 99379125 . uthors Lvnam DR. Milich R..Zimmerman R: Novak SP. Logan TK. Martin C. Leuke/~ld C. Clayton R. ~stitution Department of Psychology, University of Kentucky, Lexington 40506, USA. DLYNA 1 ~_,POP. UKY. EDU itle Project DARE: no effects at 10-year follow-up. ouree Joumal of Consulting & Clinical Psychology. 67(4):590-3, 1999 Aug. ocal Messages May be available at the Psychology Library (check OASIS) · bstract The present stady examined the impact of Project DARE (Drug Abuse Resistance Education), a widespread drug-prevention program, 10 years after administration. A total of 1,002 individuals who in 6th grade had either received DARE or a standard drug-education curriculum, were reevaluated at age 20. Few differences were found between the 2 groups in terms of actual drug use, drug attitudes, or self-esteem, and in no case did the DARE group have a more successful outcome than the comparison group. Possible reasons why DARE remains so popular, despite the lack of documented efficacy, are offered. .... o to ... ~ I We~nesaay, May 19, 1999 Contac~: Joan Quinlan Phone: (301) 443-7531 PREVENTION PROGRAMS RECOGNIZED FOR REDUCING DRUG USE AND RELATED PROBLEMS AMONG HIGH-RISK YOUTH The Substance Abuse and Mental Health Services Administration's (SAMHSA) Center tbr Substance Abuse Prevention (CSAP) today recognized seven prevention programs for helping high-risk youth to avoid substance use and related problems. High-risk factors include: being a child of a substance abuser; a victim of child abuse; economically disadvantaged; dropping out of school; committing violent or deliquent acts; becoming pregnant as a teenager; attempting suicide; and being physically disabled. Rigorous evaluations of each of the seven programs were conducted by CSAP through the High-Risk Youth Demonstration Grants Program showing significant reductions in alcohol, tobacco and illicit drug use among the youth. -These programs also demonstrated positive changes in a number of risk factors related to substance use, including: enhanced ability to refuse drugs and resolve conflicts, reduced school failure and improved attendance; and improved communications between parents and their children. One of the programs found consistent positive trends which reduced school violence. "These highly successful and innovative programs are outstanding examples of what can and must be done to lead our young people down the fight path--away from substance use and related problems so costly to families, communities and our entire society," said SAMHSA Administrator Nelba Chavez, Ph.D. "Preventing substance use among youth before it starts obviously is the best of all approaches, and local leaders, policy makers and health care proriders across the nation should not delay in taking a long, hard look at what these seven programs have accomplished and how they got the job done." "The U.S. Census Bureau estimates that there will be approximately 51 million children and adolescents between the ages of 5 and 17 in the United States by 2000, many of whom will be at a high risk for alcohol, tobacco and illicit drug use," said CSAP Director Karol L. Kampfer, Ph.D. "Therefore, it is timely that we have well evaluated programs that offer opportunities for other agencies, policy makers and practitioners to implement effective programs for high-risk youth·" The seven grantee programs recognized as having met the highest standards of evaluation research and produced significant, positive changes in the lives of young people include: · Across Ages (Temple University) in Philadelphia, Pennsylvania; · Child Development Project (Developmental Studies Center) in Cupertino, Salinas and San Francisco, California; Louisville, Kentucky; Dade County, Florida; and White Plains, New York; · Creating Lasting Connections (Council on Prevention and Education: Substances, Inc.) in Louisville, Jefferson and Nelson Counties, Kentucky; · Dare To Be You (Colorado State University Cooperative Extension) in Montezuma County, Colorado Springs, San Luis Valley and Ute Indian Reservation, Colorado; · Family Advocacy Network (Penn State University) in Bethlehem, Pennsylvania; Fort Lauderdale, Florida; Jamestown, New York; and North Little Rock, Arkansas; · Residential Student Assistance Program (Student Assistance Services Corp.) in Westchester County, New York; · SMART Leaders (Penn State University) in Bethlehem, Pennsylvania; Fort Lauderdale, Florida; Jamestown, New York; Milwaukee, Wisconsin; and North Little Rock, Arkansas. SAMHSA's High-Risk Youth Demonstration Grants Program has helped families and communities develop · f~ i{h{:t 'Id'ng skills developing relationships needed to resist aleph/9 . u,, and '2 "" i i.~. -' - ,~....'v ...ers arehis a ~ lnd ~thcrs ~e n in[ormatl ":""" ": unity lead . p '. · d 'ocates z < · · s eki g ' 'on and materials about ' !i "'!'} 'the High-Risk Youth Demonstration Grants Program can contact SAMHSA's National Clearinghouse for Alcohol and Drug Information at 1-800-729-6686 or at www. health. org/hry SAMHSA is the federal government's lead agency for improving the quality and availability of substance abuse prevention, addiction treatment and mental health services in the U.S., and is a public health agency in the U.S. Department of Health and Human Services. The Center for Substance Abuse Prevention is a component of ! SAMHSA. News releases, fact sheets, statistics, reports and other SAMHSA documents may be retrieved at ,,',vw. satnhsa.gov News media requests for information on SAMHSA's substance abuse and mental health programs should be directed to Media Services at 1-800-487-4890. http ://www. samhsa. gov/PRES S/99/990519nr.htm 12/14/99 CSAP supports scientifically proven programs that focus on areas with the biggest influence on youth communi~ organizations. Through strategic inte~entions, these programs have consistently provided sho~- and long-term positive results ~or children, their families, and communities. For a quick glance at the Model Programs, :lic~ ~ere For a more indepth look at ~he Model Programs, click on the ~inks below. This mentoring program pairs older adults with middle-school age students. Results: Improved school attendance, increased knowledge about the consequences of substance abuse, enhanced ability to respond appropriately to drug use situation and pressure. CHILD DEVELOI:~IENT P!~OJECT "': :i:'i~'i,~: F_NTEa > This school improvement initiative helps elementary schools nurture students' desire to learn and work with others by integrating the roles families and school staff. Results: 11% decrease in alcohol use; 2% decrease in marijuana use; increased enjoyment of school participation; increased resilence to substance use. ~ ...................................................... ~ E~ITER > This 5-year demonstration project in Louisville, KY, and six surrounding counties scientifically demonstrates that youth and families in high-risk environments can become strong, healthy, and supportive families resistant to substance use. Results: Increased bonding and communication between parents and children; gFeater use of community services for resolving family and personal matters. you !.:.. :;., .....: :: :,:.; ,;':.,;':'-":'-"7' ::'::.!Tz;.': :'-'.':;';':::'?ii!7:i. !7 > This multilevel program is an adaptation of the Dare To Be You community and school training programs that improve communication, problem-solving, self-esteem, and family bonding. Results: Dramatic improvements in parents' sense of competence. satisfaction with and positive attitude about being a parent; substantial decreases in parents' use of harsh punishment; and significant increases in children's development levels. The Family Advocacy Network (FAN) Club Program directly involves parents and youth participating in Boys and Girls Clubs of America's SMART Moves program. Results: Strengthens families and promotes family bonding; enhanced adolescents' ability to refuse alcohol, marijuana, and cigarettes; and increased their knowledge of and negative attitudes toward substance use. The Residential Student Assistance Program was originally adopted from a highly successful Westchester County, NY, Student Assistance Program, similar to the popular Employee Assistance Programs. This prevention effort reaches youth in juvenile detention facilities and other residential- based settings. Results: Alcohol use fell 72.2%, marijuana use fell 58.8%, and tobacco use fell 26.9%. t"SMART LEADEI:Ei' : ~: :! ENTER > This is a 2-year, sequential booster program for youth who have completed Stay SMART. a component of Boys and Girls Clubs of America's SMART Moves Program. Results: decreased rates of alcohol, tobacco, marijuana. and illicit drug use and increased knowledge of the health consequences and prevalence of these substances. Overview iVIodel Proqrams http://www.samhsa. gov/csap/modelprograms/modelhomcnew.htm 3/2/00 5TEVEN KANNEI City Councilmember. Iowa City Home Address: 2315 E. Washington, Iowa City, Iowa 52245 (319)338-8865 NEWS RELEASE Contact: Steven Kanner For Immediate Release: 3/7/00 Kanner proposes "Common Sense" Budget Every year, the City of Iowa City is obligated to submit a yearly budget to our citizens and to the state of Iowa. Tonight, March 7, we are to vote on our FY 2001 budget. This blueprint will guide us in our city operations from July 1, 2000 until June 30, 2001. Many thanks to our City Manager Stephen Atkins and Finance Director Kevin O'Malley and his staff. It is no easy task putting together a multimillion dollar plan for Iowa City's 60,000 plus citizens. City Manager Atkins has done his part by proposing a budget that not only meets legal and fiscal guidelines but is in line with what he believes is the direction that previous and present council majorities want Iowa City to move. Mr. Atkins and the majority council have one viewpoint on the best way to spend our cities' dollars. I have a different viewpoint that I believe a large number of people in Iowa City share. That is why I will be voting not to approve the proposed FY 2001 Annual Budget and the Financial Plan/Capital Improvements Program for FY '01 - FY '04. As councilors, we are obligated to show vision and leadership. Iowa City is a community that is rich in resources. With the University of Iowa as our neighbor, there is no reason that Iowa City cannot be a national leader in all areas that work to improve our city. The budget that I am proposing will continue to expand on those things that we hold dare and work to share them with those who have less access them. The Common Sense Budget proposes vision and leadership from our City Council. We need more public and alternative transportation funding and less spent on roads leading to congestion, sprawl, and outer development. We need to work on solving our skyrocketing housing rental costs, lack of an adequate number of affordable homes, and the need for more homeless shelters. We need less tax breaks for large developers like those that may be offered in the proposed Economic Development Strategy. We need to continue to strengthen neighborhoods and their communities - from the Southeast side to the West Side. Iowa Citians, for many years, have worked hard at making sure we have a clean city that is full of arts, parks, recreation and -1- services. With vision and leadership we can expand these programs and make them more accessible to all our citizens. The United States spends over $300 Billion per year to subsidize roads and cars. U.S. motor vehicles generated ozone costs close to $9 Billion per year in health costs, lost productivity and reduced Agricultural revenues. One and one-half million acres of farmland is lost to suburban sprawl each year. Currently, close to 2% of all land in the U.S. is paved. If all the subsidies for motorized vehicles were a tax, it would add almost $5 in cost to a gallon of gasoline. We need a City Council that will JUST SAY NO to the drug like subsidies we receive from the state & federal govemment that push our city to build more roads and parking ramps. It is with the above vision in mind that I submit the following amendments to the City of Iowa City FY 2001 budget. The proposals are summarized on an attached sheet. I would propose that we eliminate the following road projects: 1st Ave. Extension (Fiscal Year 2002, save $400,000 [all proposed budget figures are for local tax savings); Mormon Trek Expansion (FY '01 & '02, save $1,750,000); Near Southside Parking Ramp (FY '03, save $2.4 million). I would propose that we increase Parking Fees by $.20 per hour at our over 3,200 parking spaces. This could net us close to $600,000 per year. Making this move, along with not building the Southside Ramp, would continue to encourage more people to use public or altemative transportation ('buses, walking, bikes, etc). According to the Johnson County Council of Governments (JCCOG) one of the major factors in encouraging increased car use is the availability of cheap parking downtown. Iowa City has plenty of cheap, subsidized parking. We don't need any more. I would put almost all of this additional income from the increased parking rates into increasing bus routes and lowering fares. Our capitol debt continues to grow at astonishing rates. Granted, some of this growth is needed in order to pay for mandated and needed improvements to our water delivery, distribution and management systems. But unless we adopt the Common Sense Budget proposals and cut back in a manner similar to what I suggest, we will soon go over Iowa City's self-imposed limit for Debt Service Levy. We have gone from close to $15 million dollars in outstanding debt in FY '92 to a near $69 million outstanding debt proposed for FY '03. When the library expansion bond levy is passed in November of this year, if we continue on our present course, we will need to cut back on capitol debt so that we will stay within our 25% limit (as a percentage of our total levy [of property tax]) for debt service levy. My proposed budget leaves plenty of room for the proposed library expansion. -2- The police of Iowa City, are a well trained and efficient department. But they have expanded their numbers significantly the last four years. Fourteen officers have been hired since FY '96 with the aid of Federal grants that pay less then 75% of their costs. The problem is that these grants only last for three years, then the full cost of the police officer must be picked up by the City. I would propose not replacing, four officers who are near retirement age, when they leave the police force. This reduction in the number of police employees, after three years, for three officers, would save the City over $150,00 per year from the general fund. I would do this reduction over three years. With taxes continuing to increase, the timing is not right for an expansion to the second floor of the police headquarters. This is not a necessity. We should remove the $594,000 expense for this capital project for FY '01. In addition to the above, I would phase out our D.A.R.E. program over the next two years. The City of Iowa City pays the full amount for this Iowa City School program from its police department budget. Paying only for half-time position in FY '01 would save approximately $34,000 and full reduction in FY '02 would save $68,000 per year. This officer, currently working in the D.A.R.E. program would replace the fourth retiring officer. To supplement our lost officers, I would ask the University to increase their patrol around the ped mall and bar areas. Too much of our police resources are tied up in enforcing a flawed public intoxication law. If people are harassing others, we need to deal with that. If they are only a bit wobbly, let them be. Let's use additional community resources, besides police personnel to deal with drug violations, underage and hinge drinking. In regards to the D.A.R.E. Project (Drug Abuse Resistance Education), numerous studies have shown that it is an ineffective program. According to a "study published...by the American Psychological Association (it) found that Project D.A.R.E. has no long-term effect on substance use...Donald Lynam, the study's lead author, said that the program is flawed because it only focuses on peer pressure and self-esteem." (USA Today, August 2, 1999, p.D1) If the Iowa City schools find that the program is effective, let them pay for it. I would recommend that Iowa City consider supporting other programs that that are shown to be more useful in dealing with the problems of cigarette, drug and alcohol abuse. Another area where are money would be better spent would be in regards to ICAD (Iowa City Area Development). Currently we give this private development group $50,000 per year. I would cut this figure in half to $25,000 for FY '01 and then to $5,000 per year after next year. After years of citizen attempts at public accountability from this organization, a public presentation was finally made to Council this year. While the figures presented may appear impressive, it is -s- difficult to believe that ICAD alone was responsible for the reported hundreds of jobs created in Iowa City, as some have claimed. Many of ICAD job responsibilities, such as fielding phone calls from prospective businesses, could be, and mostly likely are being, done by other organizations and City staff. The first step in greater future support for ICAD starts with public access to their budget and meetings. Until then, let's invest our city money elsewhere. I would add three firefighters to our budget. (FY '01 and onward, $143,000/yr). Staff has not been added since the early 1970's. Also, if the law allows it, in order to promote more women and minorities as firefighters I would add a City Council resolution to this budget that states that our hiring process will use an affirmative action process. City of Iowa City personnel additions in other departments, starting FY '01, would include placing one and one-half positions more positions in Parks & Rec. This would include a full-time Natural Areas Manager ($48,000/yr. starting in FY '01) and making a current ¼ time Afternoon Recreation Supervisor full-time. (starting FY '01, add $24,000/yr.). Positive programming for our children is most crucial in the afternoon time period - after school and before parents and guardians are home. A fully trained Rec. Supervisor will be a positive force. Our parks are our pride. We must continue to maintain them at a high level and the above addition will allow someone to manage them. Additional cuts from the City Manager proposed budget include reducing the $1.2 million dollar Economic Development Strategy down to $450,000. Before we establish an even larger pot of money for economic development it is imperative that we make sure that this strategy will not be a boondoggle to developers who can afford to pay their way. Studies indicate that it is not clear how effective proposed industrial/business parks are in generating revenue for the city. A component of an economic development strategy is attracting jobs and tax producing business. Tax breaks are not major reasons that businesses expand, stay or are attracted to a community. Studies have shown that high-ranking reasons for locating in a city are quality of life issues. This would include items such as quality of our schools, housing, public transportation, environment, culture, etc. I would propose that Council make sure, before it approves larger amounts to an Economic Development Strategy, that it take care of some of our other needs first. Maintaining Iowa City's high quality of life will go a long way in attracting the kind of businesses and industries that we want here in our community. In addition, if we do give assistance\tax money to people who wish to start businesses, Iowa City's priority it should go to those who are of low and moderate income who do not have access to the resources that many upper income businesspeople have. Our first -4- priority in terms of development should be in the Southeast side and other similar economically stressed areas. Final additions to the budget include adding back the $25,000 per year that was cut, to the recently formed Public Arts Acquisition program. This would bring back the Public Arts Commissions back to the minimum of $100,000 per year that was mandated when it was formed just a couple of years ago. In further support of the arts, I would give $7,500 (the same amount given to the annual weekend Jazz and Arts Festivals) to Arts Iowa City for FY '01. This is a community organization that has been promoting community art for close to 25 years. They are the organization that helped spawn the popular Arts & Jazz Festivals. Finally, the proposed budget for Parks & Recreation fee based programs includes many 10- 15% increases for FY '01. I would hold any proposed increased to the rate of inflation (approximately 3% each of the last two years.) I would budget up to $12,500 from the interest that is regained from $250,000 Economic Development Strategy cut that was financed by various reserve funds. Programs such as the Farmers' Market (a program that makes money for the City - approximately $5,000/yr.), Youth Gynmastics and Pottery Room use should not have their fees raised 14%, 12.5%, and 10% respectively. Increases for many our Recreation activities are being priced beyond the means of many moderate income families. Even at half-price, the reduced rate for qualifying low-income individuals, many of the program fees are too steep. The common sense budget would save over $7,000,000 in capitol costs. Every $700,000 saved in capitol costs reduces the debt levy by approximately seven cents. This will help to lower Iowa City residents' property tax burden and leave room in our budget for the important proposed library expansion. Finally, in order to continue to fund Iowa City's needs into the future, Iowa City Council should pass a resolution requesting that the Iowa State Legislature give cities the option of passing a local income tax. An income tax is the most fair and progressive tax in use around the country. This way, Iowa City would be able to take some of the tax burden off of home-owners and renters and place more of it on those who can afford it, higher income citizens. -5- Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 00-84 RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2001 THROUGH 2003 AND THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2004. WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a multi-year Capital Improvements Program budget; and WHEREAS, the three-year Financial Plan and multi-year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, a public hearing was held on February 29, 2000, at regularly scheduled City Council meetings and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 2001 through 2003 and the multi-year Capital Improvements Program through Fiscal Year 2004. 2. This Resolution is an expression of the Councirs legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 7th day of March ,2000. tAppr, y, finadm~res~finplan,do~ Resolution No. 00-84 Page 2 It was moved by Champ~ on 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 March 5, 2000 Dear Councilors, The First Avenue Extension is a divisive issue with many facets: traffic flow, pedestrian safety, consequent development pressure, democratic governance, and cost. Strictly from the perspective of optimizing traffic flow, I think it is an ill-advised project. The 1998 JCCOG arterial traffic calculations, fully reported in the attached memo, indicate that extending Scott Boulevard alone would relieve congestion on other arterial streets, specifically Rochester and Dodge. It is not necessary to extend First Avenue to address these problems. Furthermore, the Extension creates undesirable problems in the overall traffic patterns of the city. According to the 1998 data, extending First Avenue in addition to Scott has two effects. First, the Extension would slightly reduce traffic in areas where congestion has already been eliminated by Scott Boulevard. Second, the Extension would overwhelmingly increase traffic in areas of high congestion, particularly Dodge Street near ACT, and First Avenue near Hoover Elementary. These problems will not exist if only Scott is extended. The proposed 5-year Capital Improvements Program, which includes the expenditures for the First Avenue and Scott Boulevard Extensions, is heavily skewed to promote the use of the automobile. Over the five years 2000 to 2004, the proposed Program budgets $62 million for street construction and parking ramps combined. Of this, $34 million are discretionary funds which can be spent as the council sees fit. By comparison, the Program budgets only $2 million of discretionary funds for mass transit, pedestrian, and bikeways combined. These budget summaries are given in further detail in Table 1, attached. The First Avenue Extension offers this Council one opportunity to correct that irabalance. Even if we gave no regard to money and tried to minimize traffic congestion, the data indicate that better overall traffic patterns result from not extending First Avenue. Given the finite limits of the budget, the impetus to spend the money elsewhere is doubled. I urge you to devote the $1.4 million discretionary funds budgeted for the First Avenue Extension to a cause that serves the community: a cause that serves the community now and in seven generations into our future. c. Sincerely, ' ~ '~--' Bennett Brown Table 1. Budget Promotes Automobfie Use. The five year Capital Improvements ProgrAm budgets far more to support automobile use than it budgets for other forms of transit. The budget for construction of new streets and parking ramps also dwarfs the budget for parks. Some of this money is obtained from state or federal sources and cannot be used for other purposes. Discretionary funds, which can be spent as the Council sees fit, are budgeted as shown in the last column. (All data taken from City of Iowa City 2001-2003 Proposed Financial Plan, Citizen's Summary pp.40-62.) (total) (discretionary) Street $ 37 million $19 million AUTOMOBILES Construction Parking $ 25 million $15 million Ramps Mass $ 2.5 million $ 0.6 million OTHER Transit TRANSIT Pedestrian/ $1.4 million $1.4 million Bikeways Parkland $ 0.4 million $0 PARKS Acquisition Park $ 4.8 million $ 4.6 million Development MEMORANDUM Date: March 6, 2000 To: Iowa City City Council From: Bennett Brown Re: JCCOG arterial traffic calculations As you requested, I have compiled a complete set of the JC-COG data. These calculations, produced by your staff in the Planning and Zoning Department, are imprecise but are the best information the city has. They should only be used for making broad generalizations about traffic patterns. The traffic data include thirteen segments of road. Jeff Davidson picked out the results for four of these thirteen pieces of roadway to report to you and the media via a 12/14/98 memo. For reasons I describe below, I think the partial report he gave you is misleading. The full set of data, for all thirteen pieces of roadway, is enclosed with this memo on a map I created from the JC-COG data. To ensure that we all agree that these are the correct numbers, I have also enclosed the hand-written memo from Jeff Davidson to Kevin, his associate, and the spreadsheet of results given back by Keyin to Jeff. For each roadway segment, there are seven n;~mbers: Capacity: The number of cars per day that can be carried with~] moderate congestion. Volume: Cars per day using a segment ofroad, measured in Scott: Predicted cars per day that would use a road upon t!~ opening of Scott Boulevard extension. Scott and lst: Predicted cars per day that would use a road upon the opening of both the Scott and First extensions. Volume, +10 year: Predicted cars per day that would use a road 10 years from now if neither extension is built. Scott, +10 yea~. Predicted cars per day that would use a road 10 years from now if Scott Boulevard is extended. Scott and 1st, +10 year.. Predicted cars per day that would use a road 10 years from now if both Scott and First are extended. ~~~"' ..... : ~~ He explained to me why he picked out these four pieces of ~ agree that they serve the purpose he intended. Three of these segments he deemed useful because they helped him understand whether people would use the roads if they were built. These three segments were: .First Avenue, between Rochester and Dodge (the First Avenue Extension) *Scott, between Rochester and Dodge (the Scott Extension & Captain Irish) .Rochester, between Mt. Vernon Dr and Amhurst St (an uncongested portion of Rochester that would indicate whether cars would use eastern Ro rex .to,. toam the Scott E..tension. drivers take the shortest route, so it's not a surprising conclusion. .Dodge, between N. Dubuque Rd and Capt Irish (south of Capt. Irish). This segment was used to determine whether the extensions would relieve congestion on existing streets. This segment of Dodge is now "severely The First Avenue extension would further reduce trsffic, below Dodge's capacity. .Rochester, just west of First Avenue. This moderately congeste~a~tree~!s relieved by the Scott Extension, similar to Dodge, dicsussed above..I~_r~e.~ however, extending First Avenue does not improve the situation at Rochester congestion is the indicator used in the model to esimate traffic cutting through the Goosetown neighborhood. The data say that Scott alone would eliminate this problem. First Avenue has no additional effect. .......... ~~']iSt~$~a {~R..~-~:;!ffl'~ .~'rhis mad segment is currently conge'sted.' Nei/:he~; th~ ScOtt nor the First Ave Extensions help, since Interstate-bound traffic will use this northe ~oJa of Do e wh~ther y acces it via Governor or via Captain Iris . ~~-~~ ~,,:~i,!.~~,~ll~:~l;.vJ~l~i:?'!~ significant mount d'traffi'~ from eastern iowa City now uses the Rochester/Herbert Hoover Highway to enter I- 80 eastbound. If First Avenue is extended, the model predicts that that traffic will use First Avenue and North Dodge to reach 1-80, creating 200% congestion on ode. First Avenue?" Jeff's calculations predict that thi~a~~.n~ currently carrying 18% more cars than its capacity, would b, per day, a congestion of 248% above capacity. This=Teve'"~'~6~~s~n is n~, remotely approached _anywhere in Iowa City. The model here is presumably incorrect; frustrate~~-:,, !:!~":,~:;~eil!gJ ~~not accounted for in the comp~m~~.' ' ........ /t · ~i~ ,,~ ,~ ~ ~p~ ~~ J~b ..... _ ~...~ ................................................. ',-,, - - , ~,~· , .. 410 EAST WASHINGTON STREET .IOWA CITY, IOWA 52240-182~. (319)35~-5252 · FAX (319) QRS-II Model Analysis First Ave. extended from Rochester to N. Dodge St. and Capt. Irish Prkwy. from Scott BIrd. to N. Dodge St. Existing Existing Capt. Irish New V/C Capt. Irish New V/C Future Capt· Idsh Adj. New V/C Capt. Irish New V/C Link Label Description ~97/9] V/C Ratio QRS VoI. Pkwy ,,..Vol.] Ratio & 1 st Ave Ratio Q I. V/C Ratio Pkwy _ Ratio & 1 st Ave Ratio 405 ==>448 lstAve-S. of Rochester 6000 7108 1.18 2698 2887 7606 1.27 7932 20897 3.48 3950 10406 1·73 4768 8580 1.43 10085 18148 3.02 437 ==> 440 Roch - W. of Scott Blvd. 11000 3226 0.29 1638 2402 4731 0.43 1330 2619 0.24 3770 7425 0.67 4888 4181 0.38 2866 2452 0.22 437 ==> 4378 Capt. Irish - N. of Roch 10000 1576 410:)~ 0.16 492/~1~/ 0.05 4385 0.44 1514 0.15 4378 ==> 548 Capt. Idsh - to Dodge St. 10000 1576 ~ 0.16 492 t~,7 ct 0.05 4385 0.44 1514 0.15 440 ==> 444 Rochester 8000 5727 0.72 2192 2896 7566 0.95 1818 4750 0.59 4916 12844 1.61 5660 6594 0.82 3642 4243 0.53 444 ==> 448 Rochester 8000 5727 0.72 2076 2502 6902 0.86 1719 4742 0.59 4786 13203 1.65 5153 6166 0.77 3517 4208 0.53 448 ==> 452 Rochester 7000 8735 1.25 4399 3954 7851 1.12 4033 8008 1.14 7185 14267 2.04 5922 7200 1.03 6004 7299 1.04 448 ==> 548 Ist Ave-Roch. to N, Dodge 10000 6935 ~'~ 0.69 (: 8362 0.84 452 ==> 456 Rochester 7000 7022 1.00 7592 6796 6286 0.90 6112 5653 0.81 9851 9111 1,30 8261 5889 0.84 7667 5465 0.78 540 ==> 546 Dodge St, 6000 10456 1,74 7443 6036 8479 1,41 4298 6038 1.01 8955 12580 2,10 6122 7148 1.191 5128 5988 1.00 542 ==> 1162 Dodge St, 8000 7559 0.94 7223 7562 7914 0.99 7736 8096 1,01 9108 9532 1.19 9285 7706 0,96 9460 7851 0.98 546 ==> 548 Dodge St. 8000 10720 1.34 7443 6036 8694 1,09 4298 6190 0.77 8955 12898 1.61 6122 7329 0.92 5128 6139 0.77 548 ==> 552 Dodge St. 8000 10720 1.34 7443 7607 10956 1.37 11306 16284 2.04 8955 12898 1.61 10293 12322 1.54: 14466 17317 2,16 1164==>552 Dodge St. 11000 7559 0,69 6554 6949 8015 0.73 10138 11693 1.06 8004 9231 0.84 9312 8794 0.80 12882 12166 1,11 1162 ==> 1164 Dodge St. 11000 7559 0.69 7223 7562 7914 0.72 7736 8096 0,74 9108 9532 0,87 9285 7706 0.70 9460 7851 0.71 Marian Karr From: Guy In/in Sent: Monday, March 06, 2000 9:38 AM To: *City Council Subject: First Ave extension. hopefully your decision on this project will determined on what is best for all of Iowa City. 100 people have the right to say what they want but your decision must be what's right for all the people ,some 50,000 of us. Thanks Guy In/in Traffic Eng. Marian Karr From: pearson@act.org Sent: Monday, March 06, 2000 1:24 PM To: council@iowa-city.org Subject: 1 st Ave. Subject: 1st Ave. From: Pearson Date: 3/6/00 1:06 PM Dear Council members, I'd like to ask you all to please vote in favor of finishing the First Ave. connection to Captain Irish Parkway. I live on the southeast side of Iowa City, and I work at ACT. The traffic going to and from work has been getting worse and worse for years. It's a dangerous situation. N.Dodge is terribly over-crowded with traffic. Peole who live on that street and parents who send their kids to Horace Mann have put up with this situation long enough. Finishing the 1st Ave. and Scott Blvd. connections to Captain Irish Parkway would help immensely. It makes sense to finish these roads now. Sincerely, Amy Pearson 67 Coneflower Ct. Iowa City Marian Karr From: Sally Blackmon [sblackmo@razi.surgery. uiowa.edu] Sent: Monday, March 06, 2000 4:53 PM To: council@iowa-city.org Subject: First Avenue extension Since I do not have email at home, I write from work and must make this brief! I have lived in Iowa City for 23 years and as a walker and a bus rider have grown to love the city. I am terribly concerned about the damage the extension would do: to downtown Iowa City, the pretty suburbs, and the city's jewel of a park, Hickory Hill. It would be the beginning of the end of the city as a community. The extension would be a sword blow right through one of the cities most vital and beautiful parts. Recently I returned from Columbia, S.C., my hometown. The destruction caused by highways and unplanned development over the last 20 years is awful to see. There is no city left. It is a place of crisscrossing highways with scattered pockets of residencs. The downtown is dead--except for the few tourists who come to see the capitol and the confederate monuments on the grounds. Iowa City is a relatively young city. We have so much to learn from the mistakes of older ones. Please vote to protect our wonderful community of Iowa City! Marian Karr From: shoejt [shoejt@gateway.net] Sent: Sunday, March 05, 2000 12:35 AM To: council@iowa-city.org Subject: 1 st Avenue Extension I am writing to express my support of the First Ave Extentsion. My name is Tracy Hightshoe and I live at 109 Amhurst St. in Iowa City. We live on the Northeast part of town and find it frustrating that there is not a decisive, time saving route to get to 1-80. This proposed route would greatly improve our timely access to the opposite side of Iowa City/Coralville. I realize there has been an overabundance of controversy surrounding this project, however I believe the council needs to be aware that the majority of citizens on the East side would like to see the project completed. Not to mention the parents and students from the north side of town trying to get to Regina. It is my hope that the Council considers the interests of the ENTIRE city, not just those expressed by a few outspoken citizens. The extension is a part of the comprehensive plan, it was meant to be an arterial road. The road ends in a barricade. The nearby community should have reasonably known that the road would be extended at some point. This project should be listed on the community builder plan, it is to the benefit of the ENTIRE city. I believe ALL the citizens in Iowa City can appreciate the nearby park with improved access to it. To be honest, I didn't realize there was a park there until this controversy. My family and I will visit it this summer. The media attention to this issue is beneficial in one aspect. I would like to see the Council vote in a way that reflects the common good, not the interests of a few. I would even welcome a referendum on the issue. I believe it is wise and critical to provide planned growth. If the road is not extended, it is probable a private developer would build in the area in the future and install some connection to the Parkway. I belive the City should direct and control the exact location of this extension. I am asking for the Council not to be swayed by the recent controversy of a few of our citizens. I hope the Council remains on the path set by our City's planners. Thank you for your time. Tracy Hightshoe Marian Karr From: HEADWAVE@aol .com Sent: Wednesday, March 01,2000 10:59 AM To: council@iowa-city.org Subject: First Avenue Extension Dear City Council Members: We watched the session with interest last night. We ask that you give special attention to the remarks of Casey Cook. They echo our concerns about how traffic is now routed through our neighborhood. While we are not convinced that extending First Avenue will resolve the concerns of this neighborhood, we continue to believe that something needs to be done, as it appears that the amount of cut-through traffic in this neighborhood is increasing. What, if any, plans does the City have regarding cut-through traffic in the Goosetown area? Thank you for your time. David Rust and Joy Smith We The Undersigned Support the 1 st Avenue Extension We The Undersigned Support the 1st Avenue Extension Name Address / We The Undersigned Support the 1 st Avenue Extension Name Address /YlZ ~, /~1 We The Undersigned Support the 1 ~t Avenue Extension~ We The Undersigned Support the 1st Avenue Extension Name Address /22~~~' ~n ~; ' q(lo .~Z~ Marian Karr From: Williams, Daniela [WillDa@ncs.com] Sent: Tuesday, March 07, 2000 2:36 PM To: 'council@ iowa-city. org' Subject: vote YES for the First Avenue extension Please vote Yes for the First Avenue Extension. Last year when I was looking to buy a house, a big part of my decision was having a direct route to work. Since I work at NCS, my choices were north of the interstate in Coralville and the south-east side of Iowa City. At that time, I was under the impression that the first avenue extension was going to happen. It was budgeted and would be completed within a few years. This was my main reason for moving to Dover Street. With the extension in jeopardy of not being completed, I am regretting my decision to move to the area of town I did. Sycamore Mall lacks in shopping, there's not too much for eating out, and I have to drive out of my way to get to work and the Interstate. With the gas prices as high as they are and rising, this is putting extra stress on my budget. This is also causing more pollutants from my car to be released into the air, which is not helping the park that the opponents to the extension are trying to protect. I plan on selling my house within the 3 years. If the extension is not completed by then, I will move to Coralville. Vote YES tonight! --Daniela JC ,MAR 0 7 2000 1427 Davenport Street CITYMANAGER'S OFFICE Iowa City, Io~a 52245 ~arch 4~h, 2000 Iowa City City Council ~ 410 gas~ ~ashin~on S~ree~ Iowa C~7 52250 Dear ~embers o~ [he Cj[7 Council, ~e wfi[e [o record our opposjfion ~o ~he ~]rs~ Avenue extension, and urge you ~o remove ~[ (tom [he budge~. The city's own study so effectively documents the drastic effect this 'improv~nent' will have on adjacent areas, especially Hickory Hill Park, that it cannot be rationalized as a single 'funnelling' of existing traffic. The clear intent is rather to maximize speed of access to "north corridor" developments and white-collar office parks that are not yet built--developments that will pave over the last significant green spaces at the town's perimeter. Even if current, boom- based growth projections are accurate--an assumption that is open to question--there are other, less profit-driven ways to plan such growth. Thank you for your consideration. Sincerely, Florence and William Boos DEFEATED Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. RESOLUTION AMENDING THE BUDGET ALLOCATION FOR THE PUBLIC ART PROGRAM. WHEREAS, the City Council established the Iowa City Public Art Program in September 1997; and WHEREAS, Resolution No. 97-326 established a budget of a minimum of $100,000 as the annual allocation for the Public Art Program; and WHEREAS, in order to change this allocation the City Council must hold a public hearing and make the change by resolution; and WHEREAS, the City Council held a public hearing on February 29, 2000 in which the Public Art Program budget was proposed at $75,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No. 97-326 is hereby amended such that the annual allocation for the Public Art Program shall be $75,000. 2. This Resolution shall be in effect until amended or rescinded by an action of the City Council, after public hearing, on the amendment or rescission. Passed and approved this day of ,20 ATTEST: ~ ~ CITY CLERK C t .i _~ It was moved by and seconded by 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 ppddir/res/arl. doc Sandra Hudson 782 Westside Drive Iowa City, Iowa 52246 e-mail: Sandra. L.Hudson@worldnet.att.net Telephone: (319) 341-7166 The Iowa City Council appointed me to their Public Arts Advisory C~mitter~ four months ago. This evening I am here before you in that capacity.~ For tl~~ benefit of the new members to the councfi, permit me to read the Resolution the 1997 Council adopted which directs the actions of your Advisory Committee: WHEREAS, public art expresses a community's spirit and improves a community's image; and WHEREAS, the public welfare is furthered by the presence of art in public places; and WHEREAS, the City Councfi has determined that financial and technical support for a public art program is in the best interest of the people of Iowa City; and WHEREAS, such a program should enhance public spaces, promote Iowa Cities reputation as a cultural center, and bufid Iowa City's image as a vital place to live and work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. Each fiscal year, a minimum of $100,000 will be allocated in the Capital ImprovemenUs Program for public art ..... A minimun~ of $100,000 wilI be allocated in the Capital Improvement Program for public art. Now of course, this council has the rights to amend or rescind that Resolution after a public hearing on a proposed amendment. However, the question is, should there be an amendment? Permit me to express how I interpret the Whereases of that resolution. If you see in them what I see in them, perhaps you may decide to increase the allocation for Public Art. The resolution mentions Iowa City's reputation as a cultural center. Currently, Iowa City's nearest cultural competition is Minneapolis to the north, Chicago to the east, St. Louis and Kansas City south and southwest, and Omaha to the west. This provides Iowa City a unique epicenter location. This is a remarkable strength when businesses look for a place to locate, or when skilled employees decide where they will accept employment. These outsiders judge Sandra Hudson Page 1 of 2 our community on what they see on a short visit. Public art is perhaps the most cost-effective way to share the cultural spirit of our community. This is an outstanding strength which must be nurtured. Let us build from strength. For those of us who are fortunate to live here, we experience the rich cultural fabric of Iowa City daily. Our public art provides us with a sense of place. It signifies to us, and more importantly to our chfidren, that Iowa City is a vital place to live and work -- a place to stay and establish deep roots. This is an outstanding strength which must be nurtured. Let us build from strength. Benefits do not end with sense of place. Permit me to share some statistics with you. A year ago (January 10, 1999) the New York 7))nes published an article stating that there were currently 1,240 art museums in the United States. Half of them less than 25 years old. Art is a growth business. Iowa City has the cultural history; do we have the resolve to build on that strength? They say the importance of the arts on a community's quality of life is hard to quantify, but let me try. According to information compfied by the National Arts Education Association, the arts are a significant part of the United States economy. Six percent of the gross national product is based on the arts, more than is based on construction (4.8%), and just under wholesale trade (6.9%). As an example, each year the non-profit arts alone contribute $156 million to the economy of Miami and $122 million to the economy of Pittsburgh. Additionally, one area in which the United States has a significant positive trade balance is the arts. (Source: The Art Education Advocacy Kit.) It was not easy to find a city the size of Iowa City that has solid statistics for the arts. One study was done in 1995 by the mayor's office in Bloomington, Indiana (population approximately 60,000), the home of Indiana University. That study confirmed that supporting the arts makes good business sense. They discovered the total impact from the arts for Bloomington is $53 million. Imagine $53 million, and that's not counting the things you can't put a price on, such as a sense of place, the spirit of the community, and the simple delight a piece of public art can provide. Those priceless things are precisely the things that the City Councfi asked its Public Art Advisory Committee to provide. We have a great heritage in Iowa City. We have outstanding strength; it must be nurtured. Let us bufid from strength. Budgeting $100,000 for public art can bring a magnificent return on investment. Thank you. /' "'~"; ! 03-07-00 14 Prepared by: Karin Franklin, Director, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 00-86 RESOLUTION APPROVING AN INVITATION TO SELECTED ARTISTS FOR THE IOWA AVENUE LITEPu~,RY WALK. WHEREAS, the Iowa City Public Art Program Acquisition Procedures provide for City Council consideration of any call or invitation to artists; and WHEREAS, the Public Art Advisory Committee has chosen the construction of a literary walk in pavement art on Iowa Avenue as a public art project for FY01 and FY02; and WHEREAS, the Public Art Advisory Committee has developed an invitation to selected artists, including a proposed budget; and WHEREAS, the Public Art Advisory Committee at their meeting on February 3, 2000 recommended approval of same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The invitation to artists, attached hereto, for a literary walk on Iowa Avenue is higreby approved. Passed and approved this 7th day of March ,20 O0 AYOR pprova)d b ,, CI City orn i It was moved by Champ~ on and seconded by Pfab 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 Wilbum p~i~sMitera~.d~ of the City of Iowa City was established in September 1997. The intention of the Public Art Program is to enhance public spaces, promote Iowa City as a cultural center, and build Iowa City's image as a vital place to live and work. This will be accomplished by the integration and placement of art in public projects and places. The Public Art Program will be supported by specific allocation of $75,000 of public funds per fiscal year. A Public Art Advisory Committee has been appointed to assist in the development and management of this program. The mission of the Public Art Advisory Committee, as stewards of the City of Iowa City, is to enhance the appearance of the city through the selection and integration of art in a public environment. 2000 Membership: Nancy Purington Gary Nagle Terry Trueblood Rick Fosse Sandra Hudson Emily Vermillion Invi a i0n The Public Art Advisory Committee of the City of Iowa City is issuing an invitation to a select group of artists to develop a conceptual design for a literary walk along Iowa Avenue, one of the main streets in downtown Iowa City. Projec| Paramefers & Concept design and installation of pavement art for a literary walk in which selected Iowa authors are recognized. · Each artist will be responsible for two opposing block faces. The pavement art will be placed within an 8' wide concrete band. · Materials and design must be durable and able to withstand freeze/thaw, snow re- moval and urban usage. · Maintenance methods must be developed and documented. · The design should allow for the inclusion of additional author recognition over time. The initial project will include 10 authors per block face. Projecf Budgel Up to $120,000 for the total project, or $20,000 per block face. Projecf Timeline Installation of the initial project will occur in the Spring/Summer construction season of 2001 Selecfion Process Submitted materials will be reviewed by the PublicArtAdvisory Committee and theAuthor Selection Subcommittee. Deadline for Receipf of ~aferials: Monday, April 10, 2000 by 5:00 P.M. Iowa Cify Public Art' Program Iowa Avenue Liferary Walk Background and Sire Descriplion Iowa Avenue is a main street in downtown Iowa City. It connects a 19th century neighborhood with the territorial capitol building and the main campus of the Univer- sity of Iowa. Iowa Avenue will be undergoing renovation over the next two years to convert it from a street dominated by parking down its center to one with widened sidewalks, no center parking, angle parking on either side, and decorative pavers at selected intersections. One block will include decorative pavers on the surface so that the street may be periodically closed to vehicular traffic and serve as avenue for street fairs and festivals. The IowaAvenue Literary Walk is an opportunity to honor some of the many authors who have grown and developed their art in Iowa. The literary walk will extend on both sides of Iowa Avenue from Gilbert to Clinton streets and will consist of pavement art. The pavement art will be installed in an eight foot corridor of 4' X 4' concrete squares; two bands of colored concrete will define this corridor. Three artists will be selected, each of whom will design concepts for one block of the literary walk that will celebrate the work of the authors and provide continuity along the walk. Each artist will be assigned two opposing block faces and 20 authors to incorporate into the concept. The artist will also be responsible for installation of the author recognition in coordina- tion with the IowaAvenue renovation project. The ability to incorporate additional authors in each block face in the future is desirable. Design Considerafions/Projecf Goals · Provide an attractive and enticing pedestrian corridor · Honor and recognize the selected authors · Stimulate curiosity · Provide linear continuity along the block face · Function compatibly with the adjacent blocks in the corridor · Provide for future additions of authors · Create an attraction for visitors to Iowa City Submission aferials A. Artists should submit sixteen (~) collated sets of printed submission m~teri~ls, organized in the specific order ~s described below. ~. A letter of interest (one p~ge m~ximum) including ~ny b~d<ground information that would support the artist's qualifications for this project. 2. A description of any similar projects completed with references. B. Artists should submit to scale drawings or 35mm slides of proposed concept idea(s). C. All materials submitted will become property of the Iowa City PublicArtAdvisory Committee. SUBMISSIONS MUST BE RECEIVED BY 5:00 P.M. MONDAY, APRIL 10, 2000 SEND TO: KARIN FRANKLIN, DIRECTOR PLANNING & COMMUNITY DEVELOPMENT CITY OF IOWA CITY 410 EAST WASHINGTON STREET IOWA CITY, IOWA 52240 ppddir/page/invitatjon p65 Prepared by: Kumi Morris, Public Works, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 00-87 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS COMPLEX ADMINISTRATION BUILDING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:30 p.m. on the 28th day of March, 2000, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the April, 2000, or if said meeting is ~ncelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 7t.h day of March ,20 00 rove City Attorney's Office pweng/res/pwcompl2 .doc Resolution No. 00-87 Page 2 It was moved by Wi 1 burn 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 Prepared by: Kim Shere, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 00-88 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DODGE STREET BRIDGE WATER MAIN REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 p.m. on the 28th day of March, 2000. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. th on the 4 day of April, 2000, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk Passed and approved this 71:h day of Narch ,20 00 ATTEST:C~ ~- ,~'~/~ City Attorney's Office pwengVes~odgesl.doc Resolution No. 00-88 Page 2 It was moved by Pfab and seconded by 0' Donne'l '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 X Vanderhoef X Wilbum Prepared by: Kim Shera. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 00-89 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF IOWA AVENUE STREETSCAPE PHASE I IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public headng on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the headng thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby appreved. 2. The amount of bid secudty to accompany each bid for the construction of the above- named project shall be in the amount 0f 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 p.m. on the 28t~ day of March, 2000. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon- referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 4 day of Apdl, 2000, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk Passed and approved this 7th day of Flat ,20 00 CI City Attomey's Office Resolution No. 00-89 Page 2 It was moved by 0'Donnel 1 and seconded by Champion 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: Ron Knoche, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 00-90 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BENTON STREET TURN LANE AND NED ASHTON MEMORIAL PARK PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 24th day of March, 2000, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. th On the 4 day of April, 2000, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 7th day of March ,20 O0 ' · Appr .~,~.,~.,~~,: ATTEST:C~~ ~ ~ ~torney'sOffice pwengVes~ntned.doc ~00 Resolution No. 00-90 Page 2 It was moved by Pfab 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 Prepared by: Dan Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 00-9]. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL RECYCLING CENTER PROJECT, PHASE 2, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid secudty to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:30 p.m. on the 28TM day of March, 2000, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the April, 2000, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 7th day of March ,20 00 A p;/~ve ~ CI City Attorney's Office pwengVes~%'ycle2,doc 2/00 Resolution No. 00-91 Page 2 It was moved by Champ'i on 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 Wilbum Prepared by: Sarah E. Holecek, First Assto City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5030 RESOLUTION NO. 00-92 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 $4500.00 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 the assessed value of neighboring property appropriately discounted to reflect limited usability and the limited market for said property; and WHEREAS, Mr. Flanagan and Ms. Rose 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 and the continuance thereof 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 to 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 $4500.00, provided the purchasers perform a survey of the property to be conveyed and provide an accurate legal description. Resolution No. 00-92 Page 2 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. It was moved by Pfab and seconded by el' Dnnnp] 1 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 7th day of Nat ,2000. ATTEST: C~/~/' ff'~ proveda. . , ,~ Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 00-93 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PHASE III IOWA CITY DOWNTOWN STREETSCAPE IMPROVEMENTS. WHEREAS, All American Concrete, Inc. of West Liberty, Iowa has submitted the lowest responsible bid of $1,383,666.90 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 All American Concrete, 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 7th day of March ,20 00 - City Attorn~y's Office pweng~res~strscp.doc 3/00 Resolution No. 00-93 Page 2 It was moved by Pfab and seconded by O' 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 x Pfab Vanderhoef X X Wilbum ADVERTISEMENT FOR BIDS PHASE III IOWA CITY DOWNTOWN STREETSCAPE PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 p.m. on the 29"~ 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 said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 7th day of March, 2000, or at such later time and place as may be scheduled. The Project will involve the following: Streetscape and lighting improvements in the Downtown area including installation of 134 lights, 39,600 square feet of concrete work, installation of site furnishings including 15 benches and 23 litter receptacles, and landscaping. All work is to be done in strict compliance with the plans and specifications prepared by Robert D. Winstead, Jr., P.E., 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 Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred AF-1 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 prote,¢ and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of TWO (2) years from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 90 Specified Start Date: March 20, 2000 Liquidated Damages: $500 per day Incentive Pay: $500 per day for completion of project before 90 day work schedule 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 the City Engineer, Iowa City, Iowa, by bona fide bidders. A $75 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this 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. MARlAN K. KARR, CITY CLERK AF-2 Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 00-94 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENT PROJECT STP-U-371 ~i(61 {i)--70-52. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for STP project STP-U-3715(615)--70-52 for the installation of storm sewers along U.S. No. 6 from near the Iowa River thence easterly approximately 1.2 miles to Sycamore Street. This agreement will provide a maximum STP funding not to exceed the amount of 80% of eligible construction costs of $994,312.00, the amount stipulated in the Johnson County Council of Governments Transportation Improvement Program, whichever is less. 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 7 th day of~,,,,,/~__¢~, ,20 0~,~~ ATTEST: ;i%_E4~_,,,~--~RK ~, ~/'Y,~ , ' 3-/' ~ C T City Attorney's Office It was moved by Champion and seconded by 0'Donne'l 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 X Vanderhoef X Wilburn July ! 999 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL-AID SURFACE TRANSPORTATION PROGRAM (STP) PROJECT RECIPIENT: City of Iowa City PROJECT NO.: STP-U-3715(615)--70-52 IO%VA DOT AGREEMENT NO.: 00-STPU- 10 This is an agreement between city of Iowa City (hereina~er referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Sections 306A and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. The RECIPIENT proposes a Surlhce Transportation Program (STP) project for funding under Sec. 133 (b) of Title 23, United States Code. The Transportation Equity Act for the 21 ~t Century (TEA-21), enacted in 1998, reestablished the Surthce Transportation Program (STP). Federal regulations provide that the STP funds are to be administered by the DEPARTMENT. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees to provide STP funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 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 C, ity Engineer. (Refer to the agreement with project number STPN-6-7(56)~-2J-52 tbr DEPARTMENT funding participation in the storm sewers) Agreement No.: '00- STPU- 10 Page 2 3. The RECIPIENT shall be responsible for the development and completion of the following described STP project: The installation of storm sewers along U.S. No. 6 from near the Iowa River thence easterly approximately 1.2 miles to Sycamore Street. (Phase 1 of a Trail Project) 4. The RECIPIENT shall receive reimbursement of Federal STP funds for authorized and approved project costs of eligible items. The portion of the eligible project costs paid by Federal STP funds shall be limited 'to a maximum of either 80 percent of eligible costs or the amount stipulated in the Johnson County Council of Governments Transportation Improvement Program (TIP) and approved in the 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 Johnson County Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds. 6. The attached EXHIBIT I will apply and is hereby made a pan of this agreement. Agreement No.: 00-STPU- 10 Page 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number STPU-10 as of the date shown opposite its signature below. RECIPIE · City of Iowa City -- , Date March 7 , 2000 Title Mayor I, Marian K. Karr , certify that I am the Clerk of the CITY, and that Ernest W. Lehman , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 7th day of March ,--2000' Signed 7}L~ ft. ¢,t~ Date March 7 , 2nn0 City Clerk of Iowa City, Iowa IOWA DEPARFMENT OF TRANSPORTATION Project Development Division By ~.flff_ff. ~~ Date Roger R. Walton, P.E. Local Systems Engineer East Central Iowa Transportation Center July 1999 EXHIBIT 1 Standard Provisions for Federal-Aid Project Agreement 1. Since this project is to be financed with local and Federal funds, the RECIPIENT shall take the neccssary 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. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for review and authorization to let the project. 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 Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the governmental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the governmental unit. 6. If Federal-aid is requested for preliminary and/or construction engineering costs, the RECIPIENT will select a consultant(s) in accordance with the DEPARTMENT's consultant selection process. EXHIBIT I -2- 7. The RECIPIENT and the Consultant shall prepare a consultant contract for engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). This is required only if the RECIPIENT uses federal funds for engineering services. 8. After the contents of the consultant contract have been mutually approved, the RECIPIENT shall execute the contract and forward the same to the DEPARTMENT for authorization only if federal funds are used for engineering services. 9. If preliminary engineering is federally funded, if the "do nothing" alternate is not selected, and if right-of-way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay to the DEPARTMENT an amount equal to the amount of Federal funds made available for such engineering. 10. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENT's Right of Way Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in Right of Way purchase are involved. The RECIPIENT will need to get environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get environmental concurrence and Federal Highway Administration's (FHWA) authorization before purchasing any needed right-of-way. 11. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 12. Traffic control devices, 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 saf¥ty 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. Following FHWA's authorization, the DEPARTMENT will advertise the projects for letting and furnish the RECIPIENT with a sample letting package. The RECIPIENT shall comply with the public hearing requirements of the Iowa Code Section 384.102. EXHIBIT I -3- 14. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the DEPARTMENT in accordance with its normal letting procedures. After bids are received and reviewed, the DEPARTMENT will 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. 16. The RECIPIENT shall take action to award the contract or reject'air 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. 1 g. 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 shah comply with the procedures and responsibilities for materials testing and construction inspection according to Department's Instructional Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing services according to its normal policy. 20. The project shall be constructed under the DEPARTMENT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. 21. If the project right-of-way is federa!ly funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay the sum or stuns of Federal funds in the right of way to the DEPARTMENT. 22. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 23. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. EXHIBIT 1 -4- 24. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. 25. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make such materials available at all reasonable times during the construction period and for three years from the date of final 'Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the RECIPIENT if requested. 26. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. 27. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. 28. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): a. The RECIPIENT stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The RECIPIENT agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 29. if any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 30. It is the intent of both parties that no third party beneficiaries be created by this agreement. EXHIBIT I -5- 31. If the RECIPIENT elects to levy special assessments as a means of raising the local share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code Chapter 384. The RECIPIENT agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the RECIPIENT) from special assessments levied for this project exceed the local share of total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. The RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment have been satisfied. The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. 32. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 33. This agreement, as set forth in items 1 through 6 and EXHIBIT I paragraphs 1 through 33 herein, constitutes the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. Prepared by: Kim Johnson, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 00-95 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'!'rEST UTILITY RELOCATION AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND VARIOUS UTILITY COMPANIES, FOR CONSTRUCTION OF THE HIGHWAY 6 PEDESTRIAN BRIDGE OVERPASS PROJECT [STP-U- 3715(14)--70-52]. WHEREAS, the City of Iowa City, Iowa has negotiated Utility Relocation Agreements with McLeod USA, University of Iowa, IES Utilities, MidAmerican Energy and AT&TFFCI, said agreements being on file with the City Engineer's office; and WHEREAS, these agreements provide for the relocation of existing utilities in conflict with the Highway 6 Pedestrian Bridge Overpass Project; and WHEREAS, the City of Iowa City suppods and endorses this project because it will provide a safe passageway for pedestrians across Highway 6; and WHEREAS, the University of Iowa has agreed to provide local matching funds and all portions of the total project cost in excess of an IDOT grant, and to conduct all administration and inspection of the construction of a pedestrian bridge overpass; and WHEREAS, the City Council deems it in the public interest to enter into said agreements for the relocation of utilities in connection with the construction of a pedestrian bridge overpass. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreements, and the agreements are approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreements between the City of Iowa City and McLeod USA, University of Iowa, IES Utilities, MidAmerican Energy and AT&T/TCI. Passed and approved this 7th day of March ,2000. CIT'Y~'~LERK ~tto pweng/resZutilreloc.doc Resolution No. 00-95 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: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum ~.~ ~ 03-07-00 28 Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 00-96 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AN AGREEMENT WITH MICHAEL S., CHRISTINE M,, MARC B., AND MONICA B. MOEN FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF CLINTON STREET IN IOWA CITY, IOWA. WHEREAS, on June 29, 1999, the City of Iowa City approved by Resolution No. 99-223, an agreement between Michael S., Christine M., Marc B., and Monica B. Moen, hereina~er also referred to as "Owners," and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City," which agreement is now recorded in Book 2777, Pages 212-224, of the Johnson County Recorder's Office; and WHEREAS, Owners have requested the City to permit the temporary closure of the east northbound lane of traffic on Clinton Street between the College Street pedestrian mall and Burlington Street to relocate the temporary walkway to this location allowing the placement of a crane between the building and the walkway to facilitate construction of the building; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed request and finds the temporary use of an additional portion of the Clinton Street right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, and that such closure will ensure safe passage of traffic in the area and is thus in the City's best interests. 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 amend the original Agreement for Temporary Use of Public Right- of-Way and thereby permit the closure and use of the east northbound traffic lane of a portion of Clinton Street. 2. The attached amendment to the Agreement for Temporary Use of Public Right-of-Way is hereby approved as to form and content. 3. The Mayor and City Clerk are hereby authorized to execute the attached Amendment, for recordation in the Johnson County Recorders Office, said recording fees to be paid by Owners. Passed and approved this 7th day of Narch ,20 00 Resolution No. 00-96 Page 2 It was moved by Pfab and seconded by D' nnnnP11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum AMENDMENT TO JUNE 29, 1999 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND MICHAEL S., CHRISTINE M., MARC B., AND MONICA B. MOEN This Amendment to the June 29, 1999 Agreement is made by and between Michael S., Christine M., Marc B., and Monica B. Moen, hereina~er referred to as "Owners", and the City of Iowa City, Iowa, a municipal corporation, hereina~er referred to as "City". WHEREAS, on June 29, 1999, the City of Iowa City approved by Resolution No. 99-223, an agreement between Michael S., Christine M., Marc B., and Monica B. Moen, hereinafier also referred to as "Owners," and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City," which agreement is now recorded in Book 2777, Pages 212-224, of the Johnson County Recorder's Office; and WHEREAS, Owners have requested the City to permit the temporary closure of the east northbound lane of traffic on Clinton Street between the College Street pedestrian mall and Burlington Street to relocate the temporary walkway to this location allowing the placement of a crane between the building and the walkway to facilitate construction of the building; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public, Works has reviewed the proposed request and finds the temporary use of an additional portion of the Clinton Street right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, and that such closure will ensure safe passage of traffic in the area .and is thus in the City's best interests. NOW, THEREFORE, in mutual consideration of the promises herein, Owners and the City of Iowa City agree as follows: 1. Owners are undertaking the construction of a new building located at 212 S. Clinton Street. In order to facilitate the safe execution of said construction, and to secure passing pedestrian and vehicular traffic from the area of falling debris, Owners have requested the City permit the temporary use of a portion of the Clinton Street right-of-way between the College Street Pedestrian Mall and Burlington Street. 2. In consideration of the City's permission herein to temporarily close the east northbound traffic lane of S. Clinton Street between Burlington Street and the College Street pedestrian mall during construction of the building, Owners agree to secure their construction site against pedestrian and public traffic by relocating a six foot covered pedestrian walkway along the west edge of the east northbound lane of traffic on Clinton Street as detailed in Attachment "A', by providing adequate traffic control, and by providing adequate signage, thereby ensuring public safety and a safe construction site. 3. In consideration for Owners' promises herein, the City agrees to allow Owners to temporarily use a portion of the right-of-way along the east side of Clinton Street as detailed in Attachment 4. After Owners' construction is complete, Owners agree to restore any and all portions of the Clinton Street right-of-way, to its pre-construction condition, to the City's complete satisfaction. With respect to this amendment, City and Owners agree this amendment shall be in effect beginning March 8, 2000, and ending upon substantial completion of the work, but no later than May 31, 2000. · 2 5. All provisions of the original Agreement for Temporary Use of Right-of-Way not in conflict herewith shall remain in full force and effect and shall be applicable to the additional temporary use of right-of-way authorized herein. Dated this 2 ~ day of F/~c~rcL, ,2000. CITY OF IOWA CITY, IOWA OWNERS r' :.".d'~ Z.../~-&; (: : : '. Lehman,' ~ '~ich I S. Moen M Mar~ K. Karr, CiW Clerk Christine M. Moen Chri~ino B. Moen Approved by: Ci~ A~orney's Offi~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2 g~ day of /V(.~_r,~_/~ 20 C~ before me, %~nHr,~ <- ~ r--(- , a Notary Public in and for th~ State of Iowa, personally appeared Ernest W. Lehman and Mar, an K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. oO- cl ~ passed by the City Council, on the ? day of t~a r ck , 20 c~c~ , and that Ernest W. Lehman and Mar, an K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) )ss: County, in said State, personally appeared Michael S. Moen, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged the he executed the same as his voluntary act and deed. .f .... Notary of lowa .... . sion expires: May 12, 2002 STATE OF IOWA ) )ss: County, in/s/aid State, personally appeared ~'hristine M.'Moen, to me known to be the identical person named _ commission expires: May 12, 2002 STATE OF IOWA ) )ss: County, in said State, pers~o~nally appeared Monica B. Moen, to me known to be the identical person named in and who executed the within and foregoing instrument, and ac e she executed the same as her voluntary act and deed. d for the 5qc~t~'~of Iowa May 12, 2002 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~7 '/k. day of 0"~CLFC'C~ , 20 OO , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared/'rt/:lP,.e. 13 , ff~.zp&/J , to me known to be the identical person(~) named in and who executed the within and foregoing instrument, and acknowledged that (he/sho/thoy) executed the same as (his/her/thoir) voluntary act and deed. NEANA M, SAYLOR My Commission Expires i ,c~:A June 6, 2000 My commission expires: pweng/agt/moens.doc Attachment "A" Clin ton S~ree ~ FOOT WALKWAY ', CONSTRUCTION AREA -J 21 2 SOU TH CLI N TON _j Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-97 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY, AS BUYER, AND JOHN AND MARY WILSON AND GENE PAUL AND SARAH HELT, AS SELLERS, FOR 408 EAST COLLEGE STREET, IOWA CITY, IOWA. WHEREAS, John and Mary Wilson and Gene Paul and Sarah Heir have fee title to certain real estate located within Johnson County, Iowa, within the corporate limits of the City of Iowa City locally known as 408 East College Street; and WHEREAS, the City of Iowa City has determined that it is in the public interest to acquire said property for future municipal uses; and WHEREAS, the City and John and Mary Wilson and Gene Paul and Sarah Helt have entered into a purchase agreement for the sale by John and Mary Wilson and Gene Paul and Sarah Helt to the City of said property and said purchase agreement is subject to City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest of the City of Iowa City, Iowa that the attached purchase agreement for acquisition of the property locally known as 408 East College Street from John and Mary Wilson and Gene Paul and Sarah Helt by the City of Iowa city, Iowa for future municipal uses be approved. 2. The attached purchase agreement is approved as to form and cOntent. 3. The City Attorney is hereby directed to take all necessary action to complete said transaction, as required by law. Passed and approved this 7th day of March ,20 O0 Resolution No. 00-97 Page 2 It was moved by Pfab and seconded by VandePheef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn eleanorires/wilson res approve offer COUNTER OFFER Address of property: 408 East Colleqe Street, Iowa City, IA The Seller declines to accept the terms of the purchase agreement attached hereto; however, the undersigned submit to the Buyer herein the following counter offer: 1. Change of purchase price: None 2. Change of possession date: None 3. Other changes: A. It is understood that the property is be sold "as is" and the Sellers will not do any repairs., B. This offer subject to City Councltatthe March 8th. meeting. 4. In all other respects not inconsistent with the terms of this counter-offer, the counter-offer indudes the same terms as set forth in this purchase agreement as submitled by the Buyer. 5. This counter-offer must be accepted by the Buyer, by indication the Buyers acceptance hereafter, no later than 5:00 o'clock P.M. on the 25th. day of February, In the event the counter-offer is not thus accepted, the counter-offer shall be null and void and any payments made herein shall be returned to the Buyer. If this counter-offer is accepted, the counter-offer shall become a binding contract for sale and purchase of the real property described in this counter-offer and purchase agreement. DATED THIS i'7'fhday of ~),.~--. ~ SELLER S.S.# This counter-offer and its terms are a~epted by the Undersigned Buyer on this 22nd dayof, February , at 1 2000 Buyer S.S.# OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: John and Mary Wilson, husband and wife, and Gene Paul and Sarah Helt, husband and wife, Sellers 1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Johnson County, Iowa, locally known as 408 East College Street in Iowa City and legally described as follows: legal description to be taken from abstract of title and approved by Buyer's attorney, 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; provided Buyer, on possession, is permitted to make the following use of the Real Estate: public use 2. PRICE. The purchase price shall be $240,000.00, payable at JOHNSON County, Iowa, as follows: $2,400 with this offer as earnest money, with the balance of the purchase price 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. 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 Sellers' 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. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer, provided, however, if 5.a. is stricken and there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Sellers, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be required to repair or replace same. b. Within 15 days after the acceptance of this Agreement Buyer may, at its sole expense, have the property inspected by a person of its choice to determine if there are any structural, mechanical plumbing, electrical, environmental, or other deficiencies. Within this same period, Buyer may notify in writing the Sellers of any deficiency. Sellers shall immediately notify Buyer in writing of what steps, if any, Sellers will take to correct any 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 earnest money shall be returned to Buyer. c. If "b" is deleted, Buyer acknowledges that it has made a satisfactory inspection of the Property and is purchasing the real estate in its existing condition. 7. 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 ofradon 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 -3- 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, 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 $ .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. 8. POSSESSION AND CLOSING. Subject to Buyer's approval of title and both parties' timely performance of all obligations herein, closing shall be held no later than June 30, 2000, and 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. 9. 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) 10. 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, 11. ABSTRACT AND TITLE. Sellers, at their 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. 12. 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 l.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. 13. 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 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. 14. 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. 15. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 16. 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. 17. 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. 18. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association. 19. 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. -5- 20. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 21. 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. 22. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before 5:00 p.m. on February 23, 2000, it shall become void and all payments shall be repaid to the Buyer. 23. OTHER PROVISIONS. a. This Offer is subject to City Council approval on or before March 8, 2000. ~: Z - 8- a O CITY OF IOWA CITY, IOWA, Buyer By: S~/~~~li~/'~ City Manager This offer is accepted ,2000. SELLERS John Wilson Mary Wilson Taxpayer ID No. Taxpayer ID No. Sarah Helt Gene Paul Taxpayer ID No. Taxpayer ID No. marymXland-acq\misc\wilsons offer to buy Prepared by: Andrew P. Matthews, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (3 19) 356-5030 RESOLUTION NO. 00-98 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT OF PENDING LITIGATION WHEREAS, the City of Iowa City joined in litigation in Des Moines County entitled "Lee County and Madison County, et al v. IASD Health Service Corporation d/b/a Wellmark Blue Cross and Blue Shield of Iowa"; and WHEREAS, this litigation is set for trial commencing March 8, 2000 and legal counsel for the City of Iowa City has requested authority to discuss settlement with the defendant, and if a settlement is reached, to bind the City of Iowa City to such settlement; and WHEREAS, the City Council has discussed in executive session the status of the litigation and settlement negotiations; and WHEREAS, because of the imminent trial date in this litigation, it is appropriate to authorize the City Manager to enter into a settlement agreement in this litigation, and to execute any releases necessary to effectuate said settlement, if so recommended by legal counsel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. Upon the recommendation of the City Attorney, the City Manager is authorized to enter into a settlement agreement in the above-named litigation, and to execute any releases necessary to effectuate said settlement. Passed and approved this 7th day of ATTEST: '2}~,'_~..~.) 7~'),~ Approved by: BC-Settle. RES2-28.doc Resolution No. 00-98 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: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn