HomeMy WebLinkAbout2000-05-02 Resolution Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144
RESOLUTION NO. 00-146
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE WEST SIDE TRUNK SANITARY SEWER PROJECT, DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY
ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
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 16th day of May,
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 2nd day of Hi v ,20 00
AYOR
CI City Attorney's Office
pweng~'es\westtmk.doc
9~99
Resolution No. 00-146
Page 2
It was moved by Champi on and seconded by Vande~'hoef the Resolution be
adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
X Champio. n
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053
RESOLUTION NO. 00-147
RESOLUTION SETTING PUBLIC HEARING ON
AMENDING THE FY2000 OPERATING BUDGET.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will
be held in the Civic Center at 7:00 p.m., May 16, 2000, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as posted by the City Clerk, to permit any
citizen to be heard for or against the proposed amendment to the FY2000 Operating Budget.
The City Clerk is hereby directed to give notice of public hearing and time and place thereof
by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa
City, not less than ten (10) days and not more than twenty (20) days before the time set for
such hearing.
Passed and approved this 2nd day of May ,2000.
~VlAYOR
~roved by
CI LERK City Attorney's Office
It was moved by Champion and seconded by Vander'hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
finadm\res~operbdg .doc
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053
RESOLUTION NO. 00-].48
RESOLUTION SETTING A PUBLIC HEARING FOR MAY 16, 2000 ON AN
ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION &
FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES" OF THE CITY CODE TO INCREASE OR
CHANGE THE RATES FOR FEES AND CHARGES FOR POTABLE WATER USE
AND SERVICE, AND WASTEWATER TREATMENT.
WHEREAS, water and wastewater fees, which were last increased in 1999 are proposed to
be increased to generate adequate revenues to pay the costs of operation, maintenance,
necessary expansion and debt service for the City's wastewater treatment facilities as well
as its potable water supply and treatment facilities; and
WHEREAS, the City of Iowa City is required to comply with federal safe drinking water
standards, and is planning to construct a new water supply and treatment facility; and
WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment
standards, and is planning to make improvements to double the treatment capacity of the
existing South Wastewater Treatment Plant, and to construct a sanitary sewer line to
connect the two wastewater treatment plants; and
WHEREAS, water and wastewater rates for fees and charges will fund these projects over
time; and
WHEREAS, the City Code requires that notice and public hearing on proposed changes in
rates for fees and charges for City utilities be provided to the public, prior to enactment of
said rates for fees and charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
1. A public hearing is hereby set for 7:00 p.m. on May 16, 2000, to be held in the Civic
Center Council Chambers, or if said meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City Clerk, to permit public input on the
proposed rate increases, decreases, or changes for fees and charges for potable
water use and services, and wastewater treatment facilities.
2. The City Clerk is hereby authorized and directed to publish notice of said hearing in
accordance with State law.
Passed and approved this 2nd day ofy~~~R~,~/_,~', 2000,~,~s~ _
rove by
City Attorney's Office
It was moved by Champion and seconded by Van~hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
finadm\res\water.doc
City of Iowa City
MEMORANDUM
Date: April 27, 2000
To: City Council and City Manager
From: Kevin O'Malley, Finance Director
Re: Public Hearing -Water/Sewer Rate Increase
A public hearing has been set for Tuesday, May 2, 2000 to receive public input on proposed
increases in water and sewer fees for billings on or after August 1, 2000.
Water fees are proposed to increase 10% and sewer fees are proposed to increase 5%. These
rate increases are needed to pay for the operating costs and current and future debt payments
on bond issues which fund the projects costs related to the new water plant and expansion of
the wastewater treatment facility. The fee increases will also maintain the City Council policy of
accumulating 20% cash to pay a portion of the project costs.
Below is a summary of the history of increases in water and sewer fees since 1991 and
projected to 2001.
Effective Date Water Sewer
of Increase % Increase % Increase
9/1991 Actual 25% 10%
3/1995 Actual 40% 35%
3/1996 Actual 30% 15%
3/1997 Actual 20% 10%
3/1998 Actual 15% 10%
8/1999 Actual 15% 10%
8/2000 Proposed 10% 5%
8/2001 Proposed -- 5%
Following is a summary of the impact to the average residential user (800 cubic feet/month)
before and after the proposed rate increase of 10% for water and 5% for sewer use.
Average Residential Use (800 Cubic Feet/Month)
Actual 3/t l98 Actual 81'1199 Proposed 8/1/00
Service (100 cu. ft. min.) (100 cu. ft. min.) (100 cu. ft. rain.)
Water $25.22 $28.98 $31.90
Sales tax (water only) 1.26 1.45 1.60
Sewer 26.22 28.84 30.29
Refuse 8.75 8.20 8.20
Recycling 2.80 2.80 2.80
Total $64.25 $70.27 $74.79
9.4% increase 6.4% increase
Public Hearing -Water/Sewer Rate Increase
April 27, 2000
Page 2
The monthly minimum is summarized below:
311/98 811199 8/1/00
Service (100 cu. ft. min.) (100 cu. ft. min.) (100 cu. ft. min.)
Water $5.90 $6.79 $7.47
Sales Tax (water only) .30 .34 .37
Sewer 5.92 6.51 6.84
Refuse 8.75 8.20 8.20
Recycling 2.80 2.80 2.80
Total $23.67 $24.64 $25.68
(4.2% increase)
The impact to those users who qualify for the City's discount program is summarized below:
Current discount rates are:
Water 60% of minimum
Sewer 60% of minimum
Solid Waste - Curbside 75% of minimum
Solid Waste - Recycling 75% of minimum
Service 3/1198 8/1/99 8/1/00
Water $3.54 $4.07 $4.48
Sales Tax (water only) .18 .20 .22
Sewer 3.55 3.92 4.10
Refuse 6.56 6.15 6.15
Recycling 2.10 2.10 2.10
Total discount $15.93 $16.44 $17.05
3.7% increase
Finadm\rnemos\00increase.doc
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
A'I'I'EST A LIMITED RELEASE/ESCROW AGREEMENT FOR IMPROVEMENTS
WITHIN LOUIS CONDOMINIUMS DEVELOPMENT, IOWA CITY, IOWA
WHEREAS, pursuant to Title14, Chapter 6, "Zoning", of the Iowa City City Code, approval was
obtained on the final planned development plan and rezoning for the development known as Louis
Condominiums, Iowa City, Iowa, hereinafter referred to as "Development"; and
WHEREAS, pursuant t__9o the original Conditional Zoning Agreement and Developer's Agreement
between the original Developer and City, the westerly private driveway connecting the existing
Louis household and Foster Road was to be closed at such time as Norwood C. Louis II and Betty
Louis ceased to occupy the existing single family residence, or the Foster Road widening project
was commenced, whichever occurred first;
WHEREAS, the Developer has requested that the requirement for closing the westerly driveway
between the existing Louis residence and Foster Road be amended to allow the driveway to
remain open until such time as 250 additional occupancy permits are issued for within the area to
the west of the Louis driveway or until Norwood and Betty Louis cease to occupy the existing
residence, Whichever occurs first; and
WHEREAS, City and Developer agree that it is reasonable to allow the driveway to remain open
under the preceding conditions provided the Developer agrees to ensure the satisfactory closure
of the existing driveway and completion of an alternative ddveway between the existing residence
and Louis Place as shown on the approved final plan by depositing with the City, in escrow, a sum
sufficient to cover the costs of closing the existing driveway and paving such alternative driveway,
and to execute an agreement providing that the City may use such escrow to complete said
closure and paving should the Developer fail to accomplish same; and
WHEREAS, in order to facilitate and ensure the satisfactory completion of the required closure
and paving, the Parties also agree to create a lien which shall immediately attach to the escrow on
deposit with the City of Iowa City for Louis Condominiums, such escrow to be in the amount of
$16,500, and that this lien shall remain attached to this escrow until such time as, in the opinion of
the City Engineer, the closure and paving requirement been completed; and
WHEREAS, the parties wish to execute an agreement memorializing these terms.
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 execute the Limited Release/Escrow Agreement for Louis
Condominiums in order to allow the existing driveway to conditionally remain open while
protecting the City's interests.
2. The Council finds that transferring any real estate lien to the escrow account is reasonable
under the drcumstances and protects the City's interests.
3. The Mayor is hereby authorized to execute and the City Clerk to attest the Limited
Release/Escrow Agreement, a copy of which is attached hereto. The City Clerl~ is furlher
directed to record the Limited Release/Escrow Agreement along with a certified copy of
this Resolution in the Johnson County Recorder's Office at Developer's expense.
4. Upon certification from the City Engineer that construction of the improvements is
satisfactorily completed to City specifications, the Mayor and City Clerk are authorized to
execute a final release for recordation in the Johnson County Recorder's Office.
It was moved by _ and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
Passed and approved this day of ,2000.
MAYOR
~ ~ATTEST:
// CITY CLERK
,/
DRAFT
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
LIMITED RELEASE/ESCROW AGREEMENT FOR PUBLIC IMPROVEMENTS'
This Agreement is made by and between Norwood C. Louis II and Betty Louis, husband and
wife, and H&O, LC, as property owners, hereinafter collectively referred to as "Developer,"
and the City of Iowa City, a municipal corporation, hereinafter referred to as "City."
WHEREAS, pursuant to Title14, Chapter 6, "Zoning", of the Iowa City City Code, approval
was obtained on the final planned development plan and rezoning for the development known
as Louis Condominiums, Iowa City, Iowa, hereinafter referred to as "Development"; and
WHEREAS, pursuant to the original Conditional Zoning Agreement and Developer's
Agreement between"'~he original Developer and City, the westerly private driveway
connecting the existing Louis household and Foster Road was to be closed at such time as
Norwood C. Louis II and Betty Louis ceased to occupy the existing single family residence, or
the Foster Road widening project was commenced, whichever occurred first;
WHEREAS, the Developer has requested that the requirement for closing the westerly
driveway between the existing Louis residence and Foster Road be amended to allow the
driveway to remain open until such time as 250 additional occupancy permits are issued for
within the area to the west of the Louis driveway or until Norwood and Betty Louis cease to
occupy the'existing residence, whichever occurs first; and
WHEREAS, City and Developer agree that it is reasonable to allow the driveway to remain
open under the preceding conditions provided the Developer agrees to ensure the satisfactory
closure of the existing driveway and completion of an alternative driveway between the
existing residence and Louis Place as shown on the approved final plan by depositing with the
City, in escrow, a sum sufficient to cover the costs of closing the existing driveway and
paving such alternative driveway, and to execute an agreement providing that the City may
use such escrow to complete said closure and paving should the Developer fail to accomplish
same; and
WHEREAS, in order to facilitate and ensure the satisfactory completion of the required
closure and paving, the Parties also agree to create a lien which shall immediately attach to
the escrow on deposit with the City of Iowa City for Louis Condominiums, such escrow to be
in the amount of ~ 16,500, and that this lien shall remain attached to this escrow until such
time as, in the opinion of the City Engineer, the closure and paving requirement been
completed.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW,
IT IS AGREED AS FOLLOWS:
1. Developer acknowledges that, pursuant to Title 14, Chapter 6, "Zoning", of
the Iowa City City Code, approval was obtained on the final planned
development plan and rezoning for the development known as Louis
Condominiums, Iowa City, Iowa, hereinafter referred to as "Development".
Pursuant to the Original Conditional Zoning Agreement and Developer's
Agreement between the Developer and City for said development, the westerly
private driveway connecting the existing Louis household and Foster Road was
to be closed at such time as Norwood C. Louis II and Betty Louis ceased to
occupy the existing single family residence, or the Foster Road widening
project was commenced, whichever occurred first
2. The Parties hereto acknowledge that Developer has requested that the
requirement for closing the westerly driveway between the existing Louis
residence and Foster Road be amended to allow the driveway to remain open
until such time as 250 additional occupancy permits are issued for within the
area to the west of the Louis driveway or until Norwood and Betty Louis cease
to occupy the existing residence, whichever occurs first. Further, Developer
acknowledges and agrees that the requirement and retention of an escrow is a
reasonable method to ensure closure of the existing driveway and completion
of an alt__._ernative driveway between the existing residence and Louis Place as
shown on the approved final plan, and Developer agrees that the City may use
such escrow to complete said closure and paving should the Developer fail to
accomplish the paving requirement.
3. Developer and City acknowledge and agree that closure of the existing
driveway and completion of an alternative driveway between the existing
residence and Louis Place as shown on the approved final plan (hereinafter
"improvements") is hereby guaranteed by an escrow in the sum of 916,500.00
(hereinafter "improvements escrow). The above referenced improvements
shall be made in accordance with the City-approved final OPDH plan and in
accordance with applicable City specifications as reviewed and approved by
the City Engineer.
4. The above-referenced improvements shall be completed within ninety (90)
calendar days after the occurrence of either of the conditions outlined in
paragraph 2 above, and the failure of the Developer to timely complete said
improvements within the above time period may be considered a default by the
City under the terms of this agreement, and the City may then use said sum
within the improvements escrow for completion of the required improvements.
5. In the event the Developer defaults in making the above-referenced
improvements for which the improvements escrow has been deposited, or in
the event the Developer fails to complete the above-referenced improvements
within the ninety (90) calendar day time period, the City shall have the right,
but not the obligation, to use the improvements escrow to complete the
improvements through contract or otherwise. This includes the specific right
to enter upon the subject property to make the improvements. If the
improvements escrow is not sufficient to allow the City to complete the
required improvements, the Developer shall be required to pay the City the
amount by which the cost of completing the improvements exceeds the
amount of the improvements escrow deposited. Should the City use the
improvements escrow or a portion thereof the complete the required
improvements, any amounts remaining after completion shall be applied first to
the City's administrative costs in completing the improvements, with any
balance remaining being refunded to the Developer. Nothing in this Agreement
shall be construed to impose any requirement on the City to install the original
improvements at issue herein. Further, the remedies outlined in this agreement
are non-exclusive, and shall not be construed to restrict, abridge or limit those
additional remedies available to the City as provided by law.
6. The parties acknowledge and agree that this agreement is being entered into in
consideration of the City's amendment and release of the Original Conditional
Zoning Agreement and Developer's Agreement requirement that the westerly
private driveway connecting the existing Louis household and Foster Road shall
be closed at such time as Norwood C. Louis II and Betty Louis ceased to
occupy the existing single family residence, or the Foster Road widening
project was commenced, whichever occurred first, as recorded in Book __ ,
Pages __,and Book , Pages , respectvely, Johnson County
Recorder's Office. This Limited Release/Escrow Agreement shall not be
construe_~d as a release of any of the original obligations under said Conditional
Zoning Agreement and/or Developer's Agreement or other covenants and
agreements, which obligations shall remain the responsibility of said Developer
and its successors until finally released by the City. Nor shall this Limited
Release/Escrow Agreement in any way alter, amend or modify the Original
Conditional Zoning Agreement and/or Developer's Agreement recorded in the
Johnson County Recorder's Office except as provided in this agreement.
7. The provisions of this Agreement shall inure to the benefit of and bind the
parties, their successors and assigns.
Dated this day of ,2000
CITY OF IOWA CITY, IOWA
BY:
Ernie Lehman, Mayor
Attest:
Marian K. Karr, City Clerk
Appr. oved by:
tC i(~~ ~~
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 319-356-5139
RESOLUTION NO. 00-14c~
RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE CAPTAIN
IRISH PARKWAY EXTENSION AND FIRST AVENUE EXTENSION WATER MAIN
INSTALLATION 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 Captain Irish Parkway Extension and
First Avenue Extension Water Main Installation Project ("Project") which includes the pavement
extension of Captain Irish Parkway and water main installation along the proposed First Avenue
Extended; and
WHEREAS, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property rights is necessary for the proposed project; and
WHEREAS, the City's Consultant, Howard R. Green Co., has determined the location of the
proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best
overall price to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. It is the City's intent to proceed with the Captain Irish Parkway Extension and First
Avenue Extension Water Main Installation Project.
2. The City Council finds that it is in the public interest to acquire property rights necessary
for the construction of the Captain Irish Parkway Extension and First Avenue Extension
Water Main Installation Project ("Project"), which Project constitutes a public
improvement under Iowa law. The City Council further finds that acquisition of said
property rights is necessary to carry out the functions of the Project, and that such
Project constitutes a valid public purpose under state and federal law.
3. The City Manager or designee, in consultation with the City Attorney's office, is
authorized and directed to establish, on behalf of the City, an amount the City believes
to be just compensation for the property to be acquired, and to make an offer to
purchase the property for the established fair market value.
Resolution No. nn-149
Page 2
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.
5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized,
upon direction of the City Attorney, to execute and attest all documents necessary to
effectuate the purchase of said property rights. The City Attorney is hereby.directed to
take all necessary action to complete said transactions, as required by law.
6. In the event the necessary property rights for the Project cannot be acquired by
negotiation, the City Attorney is hereby authorized and directed to initiate condemnation
proceedings for acquisition of any and all property rights necessary to fulfill the
functions of the Project, as provided by law.
Passed and approved this 2nd day of NaX ,20 00
rove
C]T~E~K C~tY AttomeY's Office
It was moved by Champion 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 0 ' Donne] ]
X Pfab
X Vandet'h0ef
X 14~lburn '
I~weng/res/captnirish.doc
05-02-00
Prepared by: Kim Public Works, 410 E. Washington St., Iowa City, IA 52240 319-356-5139
RESOLUTION NO.
RESOLUTION THE CITY'S INTENT TO PROCEED WITH
AUTHORIZING OF PROPERTY RIGHTS FOR THE CA
IRISH PARKWAY FIRST AVENUE EXTENSION WATE
INSTALLATION, :IRST AVENUE EXTENSION GRADING
WHEREAS, notice of public ing on the City's intent to proceed with improvement
project and to acquire ights for the above-named project given as required by
law, and the hearing thereon and
WHEREAS, the City of Iowa City to construct Captain Parkway Extension, First
Avenue Extension Water Main :allation, and First Extension grading Project
("Project") which includes the extension of Capl Irish Parkway, water main
installation along proposed First Avenu Extended, and gradi~ First Avenue Extended; and
WHEREAS, the City Council has that constr of the Project is a valid public
purpose under State and Federal law has ed that acquisition of certain
property rights is necessary for the project
WHEREAS, the City's Consultant, Howard Co., has determined the location of the
proposed Project; and
WHEREAS, City staff should be authoriz acquire necessary property rights at the best
overall price to the City.
NOW, THEREFORE, BE IT RESOLVI BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. It is the City's intent t with the Ca tin Irish Parkway Extension, First Avenue
Extension Water Mai and First ~ue Extension Grading Project.
2. The City Council that it is in the public st to acquire property rights necessary
for the constr of the Captain Irish Extension, First Avenue Extension
Water Main and First Avenue Grading Project ("Project"), which
Project co a public improvement under law. The City Council further finds
that ace of said property rights is necessar to carry out the functions of the
Projec)( and that such Project constitutes a valid c purpose under state and federal
law."
/
3. The City Manager or designee, in consultation wit the City Attorney's office, is
authorized and directed to establish, on behalf of the an amount the City believes
to be just compensation for the property to be ace and to make an offer to
purchase the property for the established fair market
Resolution No.
Page 2
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 a for the
purchase of property and/or easements, and offers to purchase prop~ and/or
ease ents.
5. In the ent negotiation is successful, the Mayor and City Clerk are h authorized,
upon dir tion of the City Attorney. to execute and attest all d. ,c necessary to
effectuate he purchase of said property rights. The City Attorney y directed to
take ary action to complete stud transactions as require law.
6. In the event t e necessary property rights for the Pro cannot be acquired by
negotiation, the 'ty Attorney is hereby authorized and direcl to initiate condemnation
Passed and approved this ~, day of , 20
MAYOR
ATTEST: ~~/J~, ~
CITY CLERK City Attorney's Office
It was moved by and ;d by the Resolution be
adopted. and upon roll call there were:
AYES: NAYS:
~ion
Kubb
Norton
Thornberry
pweng/res/captnirish,doc Vanderhoef
/
//
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 319-356-5139
RESOLUTION NO. 00-150
RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE FIRST
AVENUE WATER MAIN 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 First Avenue Water Main Project
("Project") which includes the installation of a 24" water line; and
WHEREAS, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property rights is necessary for the proposed project; and
WHEREAS, the City's Consultant, Howard R. Green Co., has determined the location of the
proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best
overall pric~ 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 First Avenue Water Main Project.
2. The City Council finds that it is in the public interest to acquire property rights
necessary for the construction of the First Avenue Water Main Project ("Project"),
which Project constitutes a public improvement under Iowa law. The City Council
further finds that acquisition of said property rights is necessary to carry out the
functions of the Project, and that such Project constitutes a valid public purpose
under state and federal law.
3. The City Manager or designee, in consultation with the City Attorney's office, is
authorized and directed to establish, on behalf of the City, an amount the City
believes to be just compensation for the property to be acquired, and to make an
offer to purchase the property for the established fair market value.
4. The City Manager, or designee, is hereby authorized and directed to negotiate the
purchase of property rights for the construction, operation and maintenance of the
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. 00-150
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 effectuate the purchase of said property rights. The City Attorney is
hereby directed to take all necessary action to complete said transactions, as required
by law.
6. In the event the necessary property rights for the Project cannot be acquired by
negotiation, the City Attorney is hereby authorized and directed to initiate
condemnation proceedings for acquisition of any and all property rights necessary to
fulfill the functions of the Project, as provided by law.
Passed and approved this 2 day of Nay ,20 00
CITY CLERK City Attorney's Office
It was moved by Vanderhoef 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' Donnel 1
X ~>f~b
X VanderhOef
X W i 1.bu rn
pweng/res/firstave.doc
,~ 05.-02-00
t 8
Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 00-151
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE IOWA CITY LANDFILL PAVING PROJECT.
WHEREAS, Metro Pavers, Inc. of Iowa City has submitted the lowest responsible bid of
$204,015.85 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The contract for the construction of the above-named project is hereby awarded to Metro
Pavers, 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 2nd day of Ha ,20 00
pwengves~andfillpavedoc
Resolution No. 00-151
Page 2
It was moved by Champion and seconded by O'Donnel 1 the Resolution be
adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
X Champion
X ,. Kanner
X Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Publish 4/11
ADVERTISEMENT FOR BIDS
IOWA GITY LANDFILL PAVING PROJE(::;T
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 25th day of April, 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. Proposals will be acted
upon by the City Council at a meeting to be held
in the Council Chambers at 7:00 P.M. on the 2nd
day of May, 2000, or at such later time and place
as may be scheduled.
The Project will involve the following:
PCC paving of the traffic lanes and
parking areas of the Iowa City
Landfill.
All work is to be done in strict compliance with
the plans and specifications prepared by Howard
R. Green Company, 4250 Glass Road N.E., P.O.
Box 9009, Cedar Rapids, IA 52409-9009, which
have heretofore been approved by the City
Council, and 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
maintenance of said Project, if required,
pursuant to the provisions of this notice and the
other contract documents. Bid bonds of the
lowest two or more bidders may be retained for a
period of not to exceed fifteen (15) calendar
days following award of the contract, or until
rejection is made. Other bid bonds will be
returned after the canvass and tabulation of bids
is completed and reported to the City Council.
The successful bidder will be required to
furnish a bond in an amount equal to one
hundred percent (100%) of the contract price,
said bond to be issued by a responsible surety
approved by the City, and shall guarantee the
prompt payment of all materials and labor, and
also protect and save harmless the City from all
claims and damages of any kind caused directly
or indirectly by the operation of the contract, and
shall also guarantee the maintenance of the
improvement for a period of two (2) year(s) from
and after its completion and formal acceptance
by the City.
The following limitations shall apply to this
Project:
Working Days: 130
Specified Start Date: May 2, 2000
Liquidated Damages: $400.00 per day
The plans, specifications and proposed
contract documents may be examined at the
office of the City Clerk. Copies of said plans and
specifications and form of proposal blanks may
be secured at the office of Howard R. Green
Company, Consulting Engineers, 4250 Glass
Road N.E., P.O. Box 9009, Cedar Rapids, IA
52409-9009 by bona fide bidders.
A $50.00 non-refundable fee is required for
each set of plans and specifications provided to
bidders or other interested persons. The fee
shall be in the form of a check, made payable to
Howard R. Green Company.
Prospective bidders are advised that the City
of Iowa City desires to employ minority
contractors and subcontractors on City projects.
A listing of minority contractors can be obtained
from the Iowa Department of Economic
Development at (515) 242-4721.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to
subcontract. This list shall include the type of
work and approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with
quantities, unit prices and extended dollar
amounts.
By virtue of statutory authority, preference
must be given to products and provisions grown
and coal produced within the State of Iowa, and
to Iowa domestic labor, to the extent lawfully
required under Iowa Statutes. The Iowa
reciprocal resident bidder preference law applies
to this Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of
Iowa City, Iowa.
MARlAN K. KARR, CITY CLERK
I05-02-00
Prepared by: Steve Nasby, CD Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 00-152
RESOLUTION ADOPTING IOWA CITY'S FY01 ANNUAL ACTION PLAN,
THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS),
AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL
NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS
THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED
PLAN.
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City
of Iowa City, Iowa, to pr"'~pare and submit an Annual Action Plan for FY01 as part of the City's
Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income
residents with housing, jobs and services; and
WHEREAS, the Iowa City Housing and Community Development Commission has held a series
of public meetings regarding the use of federal Community Development Block Grant (CDBG)
and HOME Investment Partnership (HOME)funds for fiscal year 2001; and
WHEREAS, the City has disseminated information, received public input and held a public
hearing on the FY01 Annual Action Plan; and
WHEREAS, the Annual Action Plan contains the allocation of CDBG and HOME funds as
shown on Exhibit A; and
WHEREAS, adoption of the Annual Action Plan for FY01 will make Iowa City eligible for federal
and state funds administered by the U.S. Department of Housing and Urban Development; and
WHEREAS, the City Council finds that the public interest will be served by the adoption of the
Annual Action Plan for FY01 and submission to the U.S. Department of Housing and Urban
Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City of Iowa City Annual Action Plan for FY01, filed in the office of the City Clerk, be
and the same is hereby approved and adopted.
2. The City Manager of Iowa City is hereby authorized and directed to submit the City of
Iowa City Annual Action Plan for FY01 to the U.S. Department of Housing and Urban
Development, and is further authorized and directed to provide all the necessary
certifications required by the U.S. Department of Housing and Urban Development in
connection with said Plan.
Resolution No.: 00-152
Page 2
3. The City Manager is hereby designated as the Chief Executive Officer and authorized to
act on behalf of the City of Iowa City in connection with the City of Iowa City Annual
Action Plan for FY01.
Passed and approved this 2nd day of Nay ,2000.
Approved by
CI~ CLERK
It was moved by Pfab and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
ppdcdbgVes%actnplan.doc
EXHIBIT A
FY01 Annual Action Plan Budget
Economic Development
ISED- Micro-enterprise Training $ 30,000 $ 10,000
Pubtic Facilities
DVIP - Safety Equipment $ 6,427 $ 6,427
Goodwill Industries - Transit/Accessibility Project $ 111,500 $ 104,500
Hannah's Blessing Day Care Center - Daycare Expansion $ 255,000 $ 200,000
Public Services
DVZP - Furniture Project $ 13,725 $ 13,725
Iowa City Free r4edical Clinic - Nurse Case Management $ 39,500 $ 21,275
Successful Living - Transitional Housing Support Services $ 18,000 $ 18,000
Aid to Agencies $ -105,000 $ 105,000
Housing
City of Iowa City - Housing Rehabilitation Program $ 300,000 $ 186,623
Elde~y Services Agency - Small Repair Program $ 30,000 $ 25,000
Hawkeye Area Community Action Program - Acquisition $ 320,000 $ 96,450
Hillcrest Family Services - Rehabilitation $ 8,000 $ 8,000
Iowa City IHA II LP - New Construction Rental Housing $ 275,000 $ 275,000
MECCA- New Construction Transitional Housing $ 390,000 $ 325,000
Successful Uving - Transitional Housing Acquisition $ 200,000 $ 200,000
Program Administration
CDBG and HOME Program Administration $ 295,000 $ 295,000
TOTALS $ 2~102~152 $ 1,890~000
FY01 CDBG Entitlement $ 938,000
FY01 HOME Entitlement $ 642,000
Unexpended Funds (prior years) $ 190,000
Unallocated Program Income (prior years) $ 90,000
Anticipated FY01 Program Income $ 30,000
TOTAL $ 1~890,000
3/24/00
City of Iowa City
MEMORANDUM
DATE: April 26, 2000
TO: City Manager and City Council
FROM= Steve Nasby, Community Development Coordinator ~
RE: Description of Successful Living and D & K Properties L.L.C. Projects
Over the last few weeks there have been some questions about the proposed Successful Living
project on Church Street. This memorandum will outline the specifics of the Successful Living
project, the organizational structure of Successful Living and D & K Properties L.L.C. and the
relationship between the two organizations.
As you know, the FY01 Community Development Block Grant (CDBG) and HOME Investment
Partnership Program (HOME) allocations contained in the FY01 Annual Action Plan recommend
funding for a transitional housing facility to be owned and operated by Successful Living.
Successful Living is a 501(c)(3) nonprofit organization, established in 1998, that has been
certified by the Internal Revenue Service and licensed by the State of Iowa. Successful Living
is governed by a board of directors who do not have any "ownership" of the organization, nor
do they receive compensation from its operations. The structure of this organization is very
similar to other local nonprofit housing organizations (e.g. Greater Iowa City Housing Fellowship
and Hawkeye Area Community Action Program).
The FY01 proposal by Successful Living requests $200,000 in CDBG\HOME funds to assist it in
acquiring the property located at 214 Church Street. This project will provide for eight units of
affordable housing at very low rents (without the use of Section 8 assistance) and will be tied
to the availability of supportive services for the seven clients. If this funding were awarded, the
City of Iowa City would enter into an agreement with Successful Living that includes both the
affordable housing and supportive service aspects of the project. Then, when all of the
required paperwork is completed the property may be purchased. The deed for the property
will be held by Successful Living, as a nonprofit, and secured with a $200,000 permanent
mortgage in favor of the City of Iowa City. At anytime should Successful Living discontinue this
program, or not meet the terms of our agreement (which includes their ownership of the
property), the full amount of the $200,000 mortgage would be due and payable as opposed to
the more traditional declining balance loan where the principal is forgiven over a set period of
time.
The proposed Successful Living project on Church Street is similar to the Dodge Street project
in the fact that both projects provide for affordable housing to persons living alone. In 1996, D
& K Properties L.L.C. and the City of Iowa City entered into an agreement for the Dodge Street
project that focused on the provision of affordable Single Room Occupancy~(SRO) housing.
This project was awarded $125,000 in CDBG and HOME funds to be used for the purchase of
the property by D & K Properties L.L.C. The Dodge Street house contains nine SRO units.
Tenants renting these units are not required to participate in a supportive service program. To
entice participation in supportive services the agreement sets aside "targeted" units for clients
who chose to participate in supportive services provided within the community. These
"targeted" units carry greatly reduced rent levels (the typical rent on one of these units would
be $125 to $150 per month). The remainder of the units has the rents controlled by the U.S.
Department of Housing and Urban Development.
D & K Properties L.L.C. is a for-profit limited liability company established under Towa law that
is owned by Theresa Kopatich and Lynn Detweiler. This organization is essentially a limited
partnership where any profits or losses are distributed to the partners according to the
partnership agreement registered with the State of Iowa. This structure is similar to other
housing for-profit organizations we have assisted with federal monies (e.g. Citizen Building
Limited Partnership, Iowa City :[HA Senior Housing Limited Partnership, Riverview Place Limited
Partners and Saratoga Springs Limited Partnership). Our CDBG and HOME agreement with D &
K Properties L.L.C. is the same as we have with all other for-profit organizations where it is
within their legal right to sell the property as outlined within our agreements with them. As
with the nonprofits, should these for-profits discontinue their programs or not meet the terms
of our agreements (which includes their ownership of the property) the outstanding balances
due on the City held mortgage(s) would be due and payable.
A number of questions surrounding these projects have to do with their interactive relationship.
As stated above, Successful Living is an independent nonprofit agency. The goals of this
organization are to provide transitional housing and supportive services to low income persons.
The clients served by Successful Living are generally referred to them by other local human
service organizations, although persons may contact Successful Living directly. To help
accomplish the goals of Successful Living, D & K Properties L.L.C. (a local for-profit organization
that is providing affordable SRO rental housing) has made available rental units to Successful
Living clients. Successful Living clients have the freedom to choose their place of residence.
Obviously, the reduced rent levels at the Dodge Street D & K Property make these units very
attractive to Successful Living's clients.
Although these organizations may serve the same population of persons their organizational
structures are much different and to our knowledge there is no financial dependence between
them. To these ends, it is important to discuss and consider the Successful Living proposal
solely on its own merits. :[f you have any additional questions please contact me at 356-5248.
Cc: Karin Franklin, Director of Planning and Community Development
Housing and Community Development Commission
D & K Properties, L.L.C.
Successful Living, :[nc.
Marian Karr
From: Carol Spaziani [cspaziani@iowacity.net]
Sent: Wednesday, April 19, 2000 12:49 AM
To: council@iowa-city.org
Subject: Successful Living vote
Just a quick email note to thank you for your support of the Church St.
project for Successful Living. As a person involved in support work for
persons with a long-term mental illness, I know that 30-40% of the homeless
suffer from a mental illness. I also am aware that our one Emergency
Housing shelter routinely has a waiting list, and that Successful Living has
stepped into the gap to fill this need. Some of us were worried when
Hillcrest closed its Church Street group home for the mentally ill, as
appropriate housing has continually been a problem for this group and we
were worried this would make the problem even worse. So it is good that the
facility will be used to help at least some of these people. It will not
basically change the use of that house which has been used as a group home
since at least the early 1980's. And Successful Living's program has been
examined and approved by the Iowa Dept. of Human Services. There are other
neighborhoods around town which have more than one 9roup living facility of
one kind or another. The North Side is perfect for persons who do not have
cars or other resources while they seek needed services or jobs.
Congratulations to Eleanor Dilkes for her objective, legal advice and the
good judgment of the Council to follow it!
Sincerely,
Carol Spaziani, 806 Westside Dr., Iowa City, IA 52246.
April 13, 2000
APR 1 2000
,owa City Co.nci / CITY MANAGER'S OFFICE
410 E. Washington
Iowa City, Iowa 52240
Dear City Council Members,
I am writing in support of Successful Living acquiring the house on Church Street in Iowa
City. This house was occupied for many years by Hillcrest Family Services as a group
home for 14 individuals with a mental illness. The current proposal from Successful
Living is for 7 female residents and a monitor to live in the home. The location is a
perfect spot for the program as it is on the bus line and within walking distance to the
downtown.
I have known the director of this program, Theresa Kopatich, for twenty years. She is a
dedicated, compassionate woman who strives to provide much needed services in this
community. Two years ago she started Successful Living. This is a transitional living
program developed to help those individuals in our community who are low income,
transition from being homeless or in shelter to productive, contributing members of our
community. For years there was a need for this program and Theresa took the initiative
to fill this gap. Individuals can remain in the program for up to two years provided they
pay their rent, meet regularly with their counselor and maintain a substance free
lifestyle. There is a substance abuse professional on staff to assist those individuals who
have struggled with long time drug or alcohol usage. There are also 3 counselors who
help address with each client, how to obtain their goal of living independently and
productively. Iowa City is a very expensive place to live. Successful living offers
affordable rent, which allows residents not only to have safe place to live, it also gives
them a chance to establish a savings account. When they are ready to leave the program,
they have the money for rent, deposit, furniture, and utilities so they are not relying on
social service agencies.
I understand that neighbors are concerned about the increase in traffic and parking that
the facility will create. Certainly going from 14 residents to 7 will reduce the traffic.
There is adequate parking in the driveway of the Church Street house to meet the needs
of the program.
The other concern I have heard is that the program presents a public safety risk, as
there are residents who are on Probation. As a Probation officer, I can assure the
council that the residents I refer to the program meet eligibility guidelines. This includes
having 30 days of sobriety prior to entering the program and no history of sexual or
physical violence. There are approximately 1,500 people on some form of Probation in
this county. These individuals live throughout the county. The Sentencing Judge
deemed that these individuals were able to safely remain in the community. The
Successful Living program enhances the chances of these probationers becoming
productive community members. The program offers 24 hour emergency on call
support, in -house substance abuse treatment, counseling and peer support. The
probationers who do live in the program are certainly more closely monitored than are
those living on their own throughout the community. Certainly Probationers make up a
small percentage of the program, but for those who are there, community safety is
enhanced.
Quite frankly, being almost a lifelong resident of Iowa City, I am embarrassed by some
of the allegations that are surrounding the acquisition of the house. In a town where
political correctness is tantamount and the council members helped organize and
support the rally against hate crimes, I would be appalled if the Council would practice a
more insipid form of discrimination, classism. A vote against this house would indicate
it is all right to live in the community unless you are low income. Classism displays
itself in many ways; poor students are tolerated as they generate income for the
community. The homeless problem continues to grow and as long as they are hidden
away under bridges or kept in shelters no one really seems to care. Successful Living is
the only program that not only recognizes this problem; they are specifically designed
to provide the long-term services that can address the reasons a person is homeless.
This may be due to divorce, job loss, and lack of education and skills, substance abuse;
... The list is endless. Successful Living provides caring and solutions to make our
community one we truly can be proud of. I strongly encourage you to support their
acquisition of the Church Street residence.
Sincerely your
Valerie L. Kemp
Marian Karr
From: Ross Wilburn
Sent: Thursday, April 20, 2000 11:15 PM
To: SWOUDE@aol .com
Cc: Steve Atkins; Ernie Lehman; Connie Champion; Mike O'Donnell; Dee Vanderhoef; Irvin Pfab;
Madan Karr; Eleanor M. Dilkes
Subject: RE: successful living: give me $200,000 or I'll sue?
Dear Mr. & Ms. Van der Woude.
Thank you for taking the time to express your opinions. There was NO threat of legal action related to funding the
successful living project. The citizens of Iowa City have a right to express their opinions, whatever they might be.
The city attorney was doing her job of advising council about ACTIONS (votes) that we take and our rationale for those
votes. It is important that any action council takes not be discriminatory. If a councilor didn't want to fund successful living,
it had to be for other reasons (as was stated in the opinion).
was and am supportive of the project, even before the advice we were given by the city attorney. While it is debatable
whether Ms. Kopatich did a convincing job speaking at the hearing and clarifying issues for those with questions, the
committee (which as the Mayor stated worked very hard on reviewing all the project funding requests) made a strong
recommendation to fund this project. That hearing was on all of the CDBG/HOME projects, not a hearing on Successful
Living's request alone-anyone could show up to comment on any of the funding requests.
Council members could have voted to not fund this project and could have voted fund a different project. You may have
heard Mr. Honohan suggest if we were looking for a different project to fund, he suggested the senior center skywalk. A
council member could have disagreed with the ranking of the project based on the criteria on which all the projects were
evaluated. Moreover, if a council member wanted to see a different community priority addressed, they could have worked
to get the votes for another project.
I am not looking to argue with you about Successful living. You stated your concerns and some of the council members
you mentioned said that they would explore zoning issues, locations of all of our group homes in the community, and other
issues you raised in your e-mail. I am responding to your question about threats of lawsuit and motivation by one of our
city staff persons.
Once again, thank you for sharing your thoughts.
Respectfully,
Ross Wilburn
Councilmember
..... Original Message .....
From: SWOUDE@aol.com [mailto:SWOUDE@aol.com]
Sent: Friday, April 21, 2000 2:02 AM
To: steve_atkins@iowa-city.org; ernie_lehman@iowa-city.org;
connie_champion@iowa-city.org; mike_odonnell@iowa-city.org;
dee_vanderhoef@iowa-city.org; irvin_pfab@iowa-city.org;
ross wilburn@iowa-city.org
Subject: successful living: give me $200,000 or I'll sue?
Thank you to all City Councilors for the time you took to understand the
concerns of Northside neighbors, taking our phone calls, accepting petitions
and letters, and reading emails. We can only imagine the demands asked of
your time in this job.
Thank you Dee Vander Hoef for questioning whether Successful Living would
serve any additional clients with this money, and attempting to get concrete
answers from Theresa Kopatich. Thank you Mike ODonnell and Mayor Lehman for
your words of encouragement. Thank you Steve Kanner and Irvin Pfab for
trying to determine who and what D&K properties and Successful Living r. eally
are. And with great respect and admiration, we would like to thank Conme
Champion for being brave enough to speak her mind, despite warnings that it
would be "illegal to discuss location."
Tuesday night's Council meeting was most disappointing. Northside neighbors
waited over four hours to speak. Before they got a chance, it was suggested
by the City Attorney that their concerns were neither welcome nor would they
be respected. We do not believe being told what "may and may not talked
about" is the most productive manner to run a town meeting in a democratic
society.
If you follow the money...you will find most of those who spoke on behalf of
Successful Living. The out-of-town property owner wanted his $315,000.
Theresa Kopatich wanted $200,000, plus her salary and fees as Director of
Successful Living and partner in D&K Properties. The realtors wanted their
$18,000 commissions. Others who welcomed Successful Living to the Northside
are not neighborhood residents, but paid employees of social service related
agencies.
Council members seemed to have some genuine concerns and confusion about
exactly what the $200,000 would accomplish, how many additional citizens
would benefit, etc. The facts were clouded. There was the appearance of a
shell game with federal monies received by Successful Living, Theresa
Kopatich and/or D&K Properties.
We question whether it is appropriate for the Council to decide in favor of
Successful Living simply because the City Attorney cautioned that there may
be an interpretation of discrimination under the Fair Housing Act. Was a
threat of legal action made on Tuesday morning?
Another legal opinion might reference the same Act only to find
discrimination against the neighborhood residents, or even discrimination
against the transient population by locating them in a single area of the
community.
The Northside is Iowa City's oldest neighborhood, densely populated, and the
median income of our residents is low. Four blocks from the Church Street
house is Horace Mann School, with the greatest percentage of minority
students and lowest socioeconomic status of all Iowa City elementary schools.
Perhaps it is assumed that the Northside is the most appropriate location
for all transient housing because neighbors wouldn't notice, wouldn't care,
or simply would accept the increased crime? Perhaps it is assumed that
non-white, non-wealthy families wouldn't have the time or wherewithal to
pursue their legal rights? Perhaps.
We understand the last thing Iowa City needs is another lawsuit. But we need
your help. Please give us the tools to help protect ourselves against the
onslaught of student rental housing, growth of transients and group homes,
and tools to attract families to keep our elementary school full.
As we invest millions of dollars into the downtown infrastructure, shouldn't
we also invest in our older neighborhoods surrounding downtown? Isn't the
health of each dependent on one another? How can we make the health of our
older neighborhoods a number one priority with the City Planning Department?
We would appreciate your help.
Sincerely,
Steve & Barbara van der Woude
05-02-00
10
Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138
RESOLUTION NO. 00-:~53
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MORMON
TREK BOULEVARD IMPROVEMENTS - ABBEY LANE TO HIGHWAY 1
PROJECT.
WHEREAS, the City of Iowa City has received bids for construction of the Mormon Trek
Boulevard Improvements -Abbey Lane to Highway 1 Project ("Project"); and
WHEREAS, it is desirable for Howard R. Green Company to provide construction administration,
construction observation and construction survey services during theProject; and
WHEREAS, an Agreement for professional engineering services has been negotiated with and
executed by Howard R. Green Company of Cedar Rapids, Iowa; and
WHEREAS, this City Council has been advised and does believe that it would be in the best
interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green
Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT, the Consultant Agreement by and between the City of Iowa City, Iowa, and
Howard R. Green Company for the provision of engineering services, attached hereto and made a
part hereof, is in the public interest, and hereby approved as to form and content.
AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and
directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa
City.
Passed and approved this 2nd day o~ ~~
;wArfOR -
A'!'I'EST:CITY~LERK City Attorney's Office
It was moved by Champion ;nd seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilburn
CONSULTANT AGREEMENT
CONSTRUCTION SERVICES - MORMON TREK BOULEVARD
THIS AGREEMENT, made and entered into this 2. day of h/~ ,2000, by
and between the City of Iowa City, a municipal corporation, hereinafter re)e~ed to as the CITY and
Howard R. Green Company, hereinafter referred to as the CONSULTANT.
Whereas, The City received bids and awarded a contract for construction of the Iowa City Street
Improvements, Mormon Trek Boulevard from Highway 1 to Abbey Lane; and
Whereas, the City desires to secure the services of the Consultant to provide construction
administration, construction observation, and construction survey services related to the Iowa City
Street Improvements, Mormon Trek Boulevard from Highway I to Abbey Lane; and
Whereas, City staff has negotiated an Agreement with the Consultant to provide said services; and
Whereas, the City Council deems it in the public interest to enter into the negotiated agreement with
the Consultant for Engineering Consulting Services during construction of the Project.
NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract
with the CONSULTANT to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
A. CONSTRUCTION ADMINISTRATION
Construction Administration will consist of office based consultant services to assist the
City in implementing construction contract. Consultant shall provide the following
services:
1. Arrange and conduct a pre-construction conference with contractors, suppliers,
utilities and City Staff.
2. Arrange and conduct a pre-construction meeting with area residents to give them
an overview of the project and expected construction schedule.
3. Review acceptability of shop drawings, materials and equipment proposed by the
Contractor.
4. Make timely visits to the project dudng the course of construction and upon
request of the City. Visits shall be on average of once per month.
5. Assist the City in preparing and reviewing Pay Requests and Change Orders as
required by the construction.
6. Answer questions from Contractors with respect to the construction and the intent
of the contract documents.
7. Assist the City Engineering Department in responding to public concerns, project
information requests, and preparation of press releases. Includes pedodic
mailings to the residents and businesses on construction progress, schedule, and
phase changes (the City Clerical staff will organize and perform all mailings).
8. Conduct a Pre-Final Inspection with the City Staff, and Contractor to develop a
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C:~DOC UME~I ~RLovett~OCALS~I ~Temp~agrmt-const4~ntrekl .doc
punch list of items to be completed for project closeout.
9. Conduct a Final Inspection with the City Staff, and Contractor to determine if the
project has been fully completed in accordance with the Contract Documents.
B. CONSTRUCTION OBSERVATION
1. Construction observation will consist of on-site resident observation of the
construction work. This will consist of providing field-testing of construction
methods and materials incorporated into the project and preparing wdtten reports
that document compliance or non-compliance of the construction methods and
matedais.
2. Wdtten reports and documentation shall consist of final record drawings, daily
construction logs, working day reports, photo logs, and preparation of change
orders, pay requests and project closeout documentation.
3. When the Consultant provides on-site observation personnel as part of services
during construction under this Agreement, the on-site observation personnel will
make reasonable efforts to guard the City against defects and deficiencies in the
work of the Contractor(s), and to help determine if the provisions of the Contract
Documents are being ful~!led. Day-to-day observations will not, however cause
the Consultant to be responsible for those duties and responsibilities which belong
to the construction Contractor(s), including but no limited to, full responsibility for
the means, methods, techniques, sequences, and progress of construction, and
the safety precautions incidental thereto, and for performing the construction work
in accordance with Contract Documents.
4. Includes miscellaneous construction staking items that are excluded from the
construction survey tasks.
C. CONSTRUCTION SURVEY
Construction Survey will consist of the following tasks to be performed by the
Consultant:
1. Grading
a. Construction limits will be marked at 100' intervals and at break points.
b. Slope stakes at 50 foot intervals will be provided for. readways and channels.
Ditch cut slope stakes set at top of backslope with grades and distances to toe
of backslope, toe of foreslope, and top of foreslope. Fill section slope stakes set
at toe of foreslope with grades and distances to top of foreslope.
c. Graded offset stakes will also be provided to center line or shoulder line
elevation.
d. Control points will be referenced prior to disturbing the area and after grading
and paving is completed, the control points will be reset.
2. Pavement
a. Elevations (graded 4' offset paving hubs) on both sides at 50 foot intervals with
25 foot intervals on horizontal and vertical curves.
b. Alignment (tack line) on one side.
c. At intersections, graded offset hubs will be set at each end of radius, and radius
points will be set where radius distance is less than 100 feet. Also graded
midpoint offsets will be set on radii where curve length is greater than 40 feet.
d. After grading and paving is complete, reset plan control points and land comer
monuments.
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C:90CUME~1%R Lovett~.OCALS~I \Temp%agrmt-const-mtrekl .doc
3. Roadway Culvert
a. Stake centedines and graded offset at both ends of culvert with offset distances
and elevations to flow line at inlet and outlet.
4. Reinforced Concrete Box Culvert
a. Stake centedines and graded offset at both ends of culvert with offset distances
and elevations to flow line at inlet and outlet.
b. Stake back of parapet offsets at both ends of culvert with offset dislances.
5. Storm Sewer
c. Centedine offsets.
d. Flow line elevation.
e. Manhole elevation and locations.
6. Intakes and Manholes
a. Location (includes back of curb line where applicable).
b. Elevation of top and base.
7. Traffic Signals
a. Location of signal bases, and handholes.
The above task consists of providing one-time construction staking for the project to
establish the line and grade for the proposed improvements. Replacement costs of any
survey stakes or marks that are destroyed or disturbed by the Contractor shall be
charged to the Contractor.
Construction staking for removals, silt fence, revetment limits, finish grade stakes (blue
tops), erosion control lining, longitudinal subdrains, surface restoration, landscaping,
traffic control, signing and pavement markings, rock excavation volumes, and other
miscellaneous items are not included in this scope of services. It is assumed that the
on-site construction technician for the project will provide these services where
appropriate. Existing and final cross-sections for earthwork computations are also not
included in the above.
D. Additional Services
Additional Services are not included in this Agreement. If authorized under a
Supplemental Agreement the Consultant shall fumish or obtain from others the
following services:
1. Construction Geotechnical Services
II. TIME OF COMPLETION
Compensation for the above-outlined services is based on the following construction
schedule:
2000 Construction- May 1, 2000 through December 15, 2000
C:~)OCUME~I ~RLovett~OCALS-1 ~Temp~agrmt-const-mtrekl .doc
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, martial status, sexual orientation or gender
identity.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national odgin, disability,
age, marital status, sexual orientation or gender identity.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work and
services performed up to the time of termination. However, such sums shall not be
greater than the "lump sum" amount listed in Section IV. The City may terminate this
Agreement upon seven (7) calendar days' written notice to the Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties hereto,
provided that no assignment shall be without the written consent of all Parties to said
Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be exclusive, but
the Consultant shall have the dght to employ such assistance as may be required forthe
performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by the
Consultant for the project shall be available by said City upon reasonable request to the
Consultant. The City agrees to fumish all reasonable assistance in the use of these
records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any state,
federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend such meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City shall be
given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand
by the City, copies of all basic notes and sketches, charts, computations, and any other
data prepared or obtained by the Consultant pursuant to this Agreement without cost,
and without restrictions or limitation as to the use relative to specific projects covered
under this Agreement. In such event, the Consultant shall not be liable forthe Cihrs use
of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal
of a professional engineer aff'bxed thereto or such seal as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with this
Agreement shall constitute grounds for the City to withhold payment of the amount
sufficient to properly complete the Project in accordance with this Agreement.
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K. Should any section of this Agreement be found invalid, it is agreed that the remaining
portion shall be deemed severable from the invalid portion and continue in full force and
effect.
L. Original contract drawings shall become the property of the City. The Consultant shall
be allowed to keep mylar reproducible copies for the Consultanrs own filing use,
M. Fees paid for securing approval of authorities having jurisdiction over the Pr<~ject 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 provision
enumerated in Section 362.5.
O. Professional Coverage - The Consultant agrees at all times material to this Agreement
to have and maintain professional liability insurance covering the Consuitant's liability for
the Consultant's negligent acts, errors and omissions to the City in the sum of
$1,000,000.
IV. COMPENSATION FOR SERVICES
A. The fee for engineering services related to the Construction Administration Scope of
Services is a Lump Sum Fee of $ 20,500.00
B. 'The fee for engineering services related to the Construction Observation Scope of
Services is a Lump Sum Fee of $ 99,500.00
C. The fee for engineering services related to the Construction Survey Scope of Services is
a Lump Sum Fee of $ 90.000
D. Total Lump Sum Fee for Construction phase Services is $ 210,000.00
E. Payment Schedule:
- Consultant shall bill City monthly for services and reimbursable expenses. Payment
shall be due and payable within thirty (30) days of City's receipt of invoice.
- If City fails to make monthly payments due Consultant, Consultant may, after giving
seven (7) days' written notice to City, suspend services under this Agreement until
City has paid in full all amounts due.
- Consultant shall provide working drawings and other documentation deemed
necessary to the City at meetings held periodically during the design phase and reach
mutual agreement that work has been performed in accordance with the attached
payment schedule.
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V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this Agreement, that it is the entire Agreement, and that
no other monies or considerations have been solidted.
VI. INSURANCE REQUIREMENTS
A. Certificate of Insurance, Cancellation or Modification
1. Before commencing work, the CONSULTANT shall submit to the CITY, for approval,
a Certificate of Insurance meeting the requirements specified herein, to be in effect
for the full contract period.
2. The CONSULTANT shall notify the CITY in writing at least thirty (30) calendar days
prior to any change or cancellation of said policy or policies.
3. Cancellation or modification of said policy or policies shall be considered just cause
of the City of Iowa City to immediately cancel the Agreement and/or to halt work on
the PROJECT, and to withhold payment for any work performed on the contract.
B. Minimum Coverage
· Any policies of insurance purchased by the CONSULTANT to satisfy its responsibilities
under this Agreement shall include contractual liability coverage, and shall be in the
following type and minimum amounts:
Type of Caverage Class II
1. Comprehensive General Liability Each Occurrence Aggregate
(a) Bodily Injury $250,000.00 $500,000.00
(b) Property Damage $100,000.00
2. Motor Vehicle Liability and
Property Damage Insurance Per Person Per Accident
(a) Bodily Injury $250,000.00 $500,000.00
(b) Property Damage $100,000.00
3. Workers' Compensation insurance as required by Chapter 85, Code of Iowa.
4. Professional liability coverage minimum: $1,000,000.00.
C:~DOCUME~I M~,LovettM,OCALS~I ~Temp~agn~t-const-rntrekl .doc
HOWARD R. GREEN COMPANY
pan L0vett, P.E., Vice-President
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C:'OOCUME~I ~RLovettM.OCALS~I ~,Temp~agrmt-const-mtrekl .doc
Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO. 00-154
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO A'I'I'EST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING
AGREEMENT NO. 2000-16-088 FOR THE HIGHWAY 6 CORRIDOR
IMPROVEMENT PROJECT STPN-6-7(56)-2J-52.
WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Depadment 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 project No. STPN-6-7(56)-2J-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 for the Iowa Department of Transportation to
share in the cost of the project. It is estimated the Iowa Department of Transportation's share will
be $336,323.00.
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.
3. The City Clerk shall furnish copies of said agreement to any citizen requesting same.
Passed and approved this 2nd day of Ha ....
ATTEST: 6Z:/~/__~..a,,..)"~."~Z. 4,4.,) A~,~,%, ~'~ q"Z,~-01/
CI~LERK ' City Attorney's Office
It was moved by Champion and seconded by O'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
STAFF ACTION NO:
AGREEMENT
County Johnson
City Iowa City
Project No. STPN-6-7(56)---2J-52
Iowa DOT
Agreement No. 2000-16-088
his Agreement, is entered into by and between the Iowa Department of Transportation,
Thereinafter designated the "DOT" and the City of Iowa City Iowa, hereafter designated the
"CITY" in accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections
28E. 12 and 306A.7;
WITNESSETH; that
WHEREAS, the DOT proposes to improve an extension of Primary Road No. U.S. 6 within
the CITY; and
WHEREAS, the DOT and CITY are willing to jointly participate in the funding of a portion
of said U.S. 6 improvement, in the manner hereinafter provided; and
NOW, THEREFORE, IT IS AGREED as follows:
1. The CITY, in joint cooperation with the DOT, proposes to develop and construct a storm
sewer improvement project along U.S. 6 within the CITY from near Gilbert Street
southeasterly to near Sycamore Street.
General Provisions
2. Any costs. incurred by the CITY in performing its obligations hereunder will be borne
exclusively by the CITY without reimbursement by the DOT.
3. The CITY will comply with all provisions of the equal employment opportunity
requirements prohibiting discrimination and requiring affirmative action to assure equal
employment opportunity as required by Iowa Code Chapter 216. No person will, on the
grounds of age, race, creed, sex, color, national origin, religion or disability, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which State funds are used.
Special Provisions
4. The CITY will design, administer and inspect and the DOT will let the above referenced
improvement. The CITY will also be the contracting authority for said improvement.
5. The CITY is hereby authorized to incur design costs any time after December 14, 1999.
6. The CITY shall secure DOT concurrence in the project design no later than 10 weeks in
advance of the project letting.
7. Street landscaping (if any) will be provided at CITY cost.
8. The CITY is hereby authorized to acquire all project related right of way. Permanent
acquisitions outside of the primary highw. ay right of way will be acquired in the name of the
CITY. Permanent acquisitions which will be included in the U.S. 6 primary highway right
of way will be acquired in the name of the State of Iowa. All temporary acquisitions
(temporary easements) will be acquired in the name of the CITY.
A. If needed, the CITY shall also offer relocation assistance in accordance with
appropriate federal and state regulations. For relocation assistance, the CITY shall
provide the DOT with notification that they have complied with Iowa Code Chapter
316 as amended by the 1999 Iowa Acts Chapter 171.
B. The CITY will prepare and provide the DOT with all appropriate land surveyor's plats
and descriptions for the new right of way to be acquired.
C. The CITY will prepare and provide appraisals on all acquisitions in which the
estimated value of acquisition exceeds $10,000. On those acquisitions under $10,000
the CITY may choose to appraise and or use procedures in the DOT right of way
manual. All appraisals provided by the CITY shall be reviewed by the DOT (at DOT
cost) prior to an offer being made.
D. The CITY will provide their own acquisition agents who will keep a complete record
of personal contacts.
E. The CITY shall offer to pay the approved appraised value for all parcels. Any variance
in the offer must be cleared by the DOT prior to the acquisition. Any variance from
the appraised value must be properly documented by written administrative settlement.
3
F. The CITY will properly close the sale of each parcel and shall furnish the DOT copies
of all completed contracts, deeds, conveyances and condemnation documents (for state
fight of way).
G.' Upon completion of the acquisition for each parcel, all original documents for said
acquisition shall be delivered to and become the property of the DOT.
H. The CITY must certify no later than 12 weeks prior to the letting that the CITY has
acquired possession of all required right of way. Should eminent domain proceedings
be required, the CITY will condemn or appeal in the name of the CITY or the State of
Iowa, whichever applies. For eminent domain proceedings, the CITY shall provide
the DOT with notification that they have complied with Iowa Code Chapters 6A & 6B
as amended by the 1999 Iowa Acts Chapter 171. The project letting will not be held
until the CITY has certified that the right of way has been acquired.
I. The CITY may take separate bids for demolition and/or relocation of structures
acquired for right of way purposes.
J. The CITY as well as their contractors, if any, agree to maintain all books, documents,
papers, accounting records and other evidence pertaining to all costs incurred under
this Agreement and to make such materials available at their respective offices at all
reasonable times during the Agreement period and for three years from the date of the
final payment under the Agreement, for inspection by the DOT or Federal Highway
Administration, and copies thereof shall be furnished if requested. If more than a
nominal number of copies are requested the additional copies shall be furnished at the
expense of the requesting agency. The CITY will maintain these records.
K. The CITY shall at all times comply with and observe all federal and state laws, local
laws, ordinances, and regulations which in any manner affect the work.
L. In carrying out any provisions of this Agreement or in exercising any power or
authority granted to them thereby, there shall be no personal liability upon the
authorized representatives of the DOT, it being understood that in such matters they
act as agents and representatives of the DOT.
M. The CITY shall indemnify and save harmless the DOT and all of their officers, agents,
and employees on account of any damages to persons or property resulting from the
CITY's activities in connection with the prosecution and completion of the work
covered by this Agreement.
N. In accordance with 761 Iowa Administrative Code Section 150.3( 1 )(b), the CITY will
be responsible for providing without cost to the DOT or project all right of way which
4
involves dedicated streets or alleys, and other city-owned lands, easements and fights
in land except park lands, subject to the condition that the DOT will reimburse the
CITY for the value of improvements situated on said city-owned lands, if any. The
CITY has apprised itself of the value of these lands, and, as a portion of their
participation in the project, voluntarily agrees to make such lands available without
further compensation.
9. Upon receipt of a properly documented billing, the DOT will reimburse the CITY for 10%
of the actual cost of engineering and contract administration or approximately $40,000 (. 10
x $400,000).
10. In accordance with 761 Iowa Administrative Code Chapter 150.3(1)d, the DOT will
reimburse the CITY for 10 percent of the actual cost for longitudinal and outlet storm sewer
as shown by project records (Division 2 of the project).
The cost of the total longitudinal and outlet storm sewer installation is estimated to be
$1,402,354. ($140,235 DOT and $1,262,119 City.)
Payment by the DOT will be made upon completion of construction and receipt of a properly
documented billing from the CITY.
Below is a list of the estimated quantities for the said storm sewer:
Estimated Ouantities
320 S.Y., P.C. Pavement Widening, 10 inch
0.2 Acre, Clearing and Grubbing
32.2 Units, Clearing and Grubbing
10,816 C.Y., Excavation, Class 10, Roadway and Borrow 3,546 C.Y., Topsoil, Furnish and Spread
3,546 C.Y., Topsoil, Strip, Salvage, and Spread
85 Tons, Granular Shoulders, Type "A"
(2), Adjustment of Fixtures
23 Tons, A.C.C. Binder Course, Type "B", ¼ inch mix,
30% Crushed Particles
16 Tons, A.C.C. Surface Course, Type "A", V2 inch mix,
60% Crushed Particles
.... 112 L.F., Extruded Asphalt Curb
Lump Sum, Removal of Existing Structures
420 Tons, Granular Backfill
(1), 72-inch, Concrete Apron (No. 1N)
(1), 84-inch, Concrete Apron Guard (No. IS)
(4), 84-inch, Concrete Elbows, (No's 25,35,55,75) .
(1), 72-inch, Pipe Apron Guard, RF-26 (No. 1N)
(1), 84-inch, Concrete Apron (No. IS)
(1), 24-inch on 36-inch, Concrete Tee-Section (No. 19S)
(1), 24-inch on 60-inch, Concrete Tee-Section (No. 13S)
(5), 24-inch on 72-inch, Concrete Tee-Sections (No's 10S,
2N,3N,6N,7N)
(2), RA64 Modified Intakes (No's 1E,2E)
71 L.F., Remove Storm Sewer Pipe Less Than or Equal to 36-inch
348 L.F., Remove Storm Sewer Pipe Greater Than 36-inch
7 L.F., 18-inch, 2000D Storm Sewer Pipe (Line No. Po34)
319 L.F., 24-inch, 2000D Storm Sewer Pipe (Line No's P-30,P-31 )
93 L.FZ, 36-inch, 2000D Storm Sewer Pipe (Line No. P-28)
1135 L.F., 54-inch, 2000D Storm Sewer Pipe (Line No's P-24,P-25,
P-26,P-27)
205 L.F., 60-inch, 2000D Storm Sewer Pipe (Line No's P-22,P-23)
267 L.F., 66-inch, 2000D Storm Sewer Pipe (Line No. P-7)
1792 L.F., 72-inch, 200 0D Storm Sewer Pipe (Line No's P-1,P-2,P-3
P-4,P~5,P-6,P-20,P-21)
1739 L.F., 84-inch, 2000D Storm Sewer Pipe (Line No's P-11,P-12,P-14
P-15,P-16,P-17,P-lg,P-19)
272 L.F., 84-inch, 200 0D Jacked Storm Sewer Pipe (Line No. Po13)
(6), Utility Accesses, Special Per Plan (No's 10N,14S,15S,16S,
17S,lgS)
195 Tons, Material For Filter Blanket
705 Tons, Revetment, Class "B", Riprap 490 S.Y., Removal of Pavement
142 L.F., P.C. Concrete Curb & Gutter, 2.5-foot
(8), Remove and Reinstall Sign, Per Plan
1235 L.F., Silt Fence
785 L.F., Silt Fence for Ditch Checks
1235 L.F., Removal of Silt Fence
785 L.F., Removal of Silt Fence for Ditch Checks '
1.65 Stations, Painted Pavement Marking
(2), Painted Symbols and Legends
(4), Loop Detectors
Lump Sum Traffic Control
Lump Sum Mobilization
(1), Increaser, Precast, 66-inch x 72-inch, Per Plan (No. 12S)
(2), Transition, Elliptical to Circular, Precast, Per Plan (No's 4N,5N)
(2), Tee-Sections, 48 inch on 84 inch, Per Plan (No's 4S,6S)
4188 Tons, Trench Stabilization Material
Estimated Total $1,402,354
90% CITY $1,262, 119
6
10% DOT $ 140,235
In accordance with 761 Iowa Administrative Code Chapter 150.3(1)d, the DOT will
reimburse the CITY 100 percent of the actual cost for the following storm sewer related
items which lie within the U.S. 6 fight of way limits (Division 1 of the project). The total
cost of said storm sewer related items is estimated to be $187,963.
Payment by the DOT will be made upon completion of construction and receipt of a properly
documented billing from the CITY. Below is a list of the estimated quantities for the said
storm sewer:
Estimated Ouantities
91 C.Y., Excavation, Class 10, Roadway and Borrow
34 C.Y., Topsoil, Furnish and Spread
34 C.Y., Topsoil, Strip, Salvage and Spread (1), Apron, Concrete, 66 inch (No: 14N)
(1), Elbow, Concrete Pipe, 66 inch (No: 13N)
(1), Guard, Pipe Apron, (RF-26) 66 inch (No: 14N)
(4), Intakes, RA63 Modified (No's 8N,9N, 11N, 12N)
7 L.F., 12 inch, 2000D Storm Sewer Pipe (Line No: P-39)
14 L.F., 15 inch, 2000D Storm Sewer Pipe (Line No: P-48)
34 L.F., 18 inch, 2000D Storm Sewer Pipe (Line No's: P-35,P-36,P-37,P-47)
8 L.F., 66 inch, 2000D Storm Sewer Pipe (Line No: P-9)
176 L.F., 66 inch, 2000D Jacked Storm Sewer Pipe (Line No: P-8)
(1), Utility Access, Special, Per Plan (No: 85)
78 L.F., Removal of Guardrail
35 C.Y., Flowable Mortar
Estimated Total $196,088
100% DOT
Actual DOT reimbursement, estimated at $336,323 ($140,235 + $196,088) will be
determined by the quantities in place and the accepted bid at the contract letting.
Miscellaneous Provisions
11. It is the intent of all parties that no third party beneficiaries be created by this Agreement.
12. If any section, provision, or part of this Agreement shall be found to be invalid or
unconstitutional, such judgment shall not affect the validity of the Agreement as a whole or
7
any section, provision, or part thereof not found to be invalid or unconstitutional, except to
the extent that the original intent of the Agreement cannot be fulfilled.
13. This Agreement may be executed in two counterparts, each of which so executed will be
deemed to be an original.
14. This document represents the entire agreement between the CITY and DOT regarding
funding for this project. Any subsequent change or modification to the terms of this
Agreement will be in the form of a duly executed amendment to this document.
IN WITNESS WHEREOF, each of the parties hereto has executed Preconstruction Agreement
No. 2000-16-088 as of the date shown opposite its signature below.
CITY OF IOWA CITY:
I, t4arian K. Karr , certify that I am the Clerk of the CITY, and that _
Ernest W. Lehman , who signed said Agreement for and on behalf of the CITY
was duly authorized to execute the same on the 2 day of May ,2000.
City Clerk of Iowa City, Iowa.
City Attomslt'$ Of~co
IOWA DEPARTMENT OF TRANSPORTATION:
Pie3~ C./dad) Date 2'- ~ ,2000. '
Richard E. Kautz
District Engineer
District 6.
Prepared by: Chuck Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141
RESOLUTION NO. 00-'155
RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC
WORKS TO ACT ON THE CITY'S BEHALF IN SECURING PERMITS FOR
CONSTRUCTION OF PUBLIC IMPROVEMENTS, AND RESCINDING
RESOLUTION NO. 98-168.
WHEREAS, permission from various City, County, State, and Federal agencies must be obtained
prior to construction of many public improvements; and
WHEREAS, an authorized representative of the City must sign the permit prior to commencement
of work; and
WHEREAS, the City Council has been advised and does believe it is in the City's interest to
authorize the Director of Public Works to make application for and execute permits on the City's
behalf and to authorize the Mayor to sign and the City Clerk to attest any agreements necessary
thereunder; and
WHEREAS, authorization by this resolution will replace the previous authorization approved under
Resolution No. 98-168.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Resolution No. 98-168 is hereby rescinded.
2. The Director of Public Works is hereby authorized and directed to make application and
execute necessary permits for the construction of public improvements as set forth above, and
the Mayor is hereby authorized and directed to execute and the City Clerk authorized to attest
any agreements necessary thereunder.
Passed and approved this 2nd day of Ma,,v ,20 00
pweng/res/permits.doc
Resolution No. 00-155
Page 2
It was moved by Vanderhoef and seconded by 0'Donnel ] 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: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5030
RESOLUTION NO. 00-:~56
RESOLUTION OF INTENT TO CONVEY A VACATED PORTION OF NORTH JAMIE LANE,
CONSISTING OF APPROXIMATELY 4,229 SQUARE FEET LOCATED AT THE NORTHWEST
TERMINUS OF NORTH JAMIE LANE IN VILLAGE GREEN SOUTH PART 3A, TO ADJACENT
PROPERTY OWNER AND DEVELOPER GLASGOW-WILLIAMS REAL ESTATE, AND SETTING
A PUBLIC HEARING ON SAID CONVEYANCE FOR MAY 16TM, 2000
WHEREAS, the Iowa City City Council is considering an ordinance vacating approximately
4,229 square feet of right-of-way located at the northwest terminus of North Jamie Lane in
Village Green South Part 3A; and
WHEREAS, Glasgow-Williams Real Estate, as owners and developers of adjacent property,
have requested the vacation and disposition of said right-of-way and have offered the sum
of ~ 1285 for the approximately 4,229 square foot parcel. This right-of-way was dedicated
to the City with the platting of Village Green South Part 3A. However, the developer has
reconfigured the area to be platted such that North Jamie Lane will no longer be a through
street, but will end in a cul-de-sac and the parcel requested for conveyance is that "stub"
portion of the right-of-way no longer necessary for street purposes; and
WHEREAS, the re-acquisition of this parcel by the Developer is necessary for the proposed
platting of Village Green South Part 5 as currently under consideration by the City Council;
WHEREAS, the City does not need the vacated right-of-way to provide access to property in
the area; and
WHEREAS, the disposition of the subject property is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The City Council does hereby declare its intent to convey its interest in the
approximately 4,229 square foot parcel of vacated North Jamie Lane right-of-way to
Glasgow-Williams Real Estate for the sum of $1285.00.
2. A public hearing on said proposal should be and is hereby set for May 16, 2000, at
7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City
Council thereafter as posted by the City Clerk, and that the City Clerk be and is
hereby directed to cause notice of said aublic hearing to be published as provided by
law.
Resolution No. 00-156
Page 2
It was moved by 0'Donnell 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
× Wilburn
Passed and approved this 2nd day of M , 2000.
R
ATTEST:
CITY CLERK
Ap by. , 5jO
os-o2-oo
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5030
RESOLUTION NO. 00-157
RESOLUTION OF INTENT TO CONVEY OUTLOT B, VILLAGE GREEN PART 14, CONSISTING
OF APPROXIMATELY .35 ACRES LOCATED AT THE SOUTHERN BOUNDARY OF VILLAGE
ROAD, TO ADJACENT PROPERTY OWNER AND DEVELOPER VILLAGE PARTNERS, AND
SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MAY 16TM, 2000
WHEREAS, Village Partners, as owners and developers of adjacent property, have requested
the disposition of Outlot B, Village Green Part 14, and have offered the sum of 84500 for
the approximate .35 acre parcel of City-owned land. This Outlot was dedicated to the City
with the platting of Village Green Part 14 with the concept that the parcel would connect to
a larger greenway/park extending to the southern portion of the Village Green/Village Green
South Development. However, redesign of development in the area has changed the
character and location of open space such that retention of this parcel would result in a
small, stand-alone greenspace; and
WHEREAS, the re-acquisition of this parcel by Village Partners is necessary for the proposed
platting of Village Green Parts XVIII - XX as currently under consideration by the City
Council;
WHEREAS, the disposition of the subject property to the Developer to facilitate the
redesigned development is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The City Council does hereby declare its intent to convey its interest in Outlot B,
Village Green Part 14, an approximate .35 acre parcel located along the southern
boundary of Village Road to Village Partners for the sum of $4500.00.
2. A public hearing on said proposal should be and is hereby set for May 16, 2000, at
7:00 p.m, in the Council Chambers of the Civic Center, 410 East Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City
Council thereafter as posted by the City Clerk, and that the City Clerk be and is
hereby directed to cause notice of said public hearing to be published as provided by
law.
Resolution No. 00-:~57
Page 2
It was moved by Pfab and seconded by Charnpion 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 2nd day of N , 2000.
ATTEST:
CIT~ CLERK
ity Att f,,_
M/~ I os-o2-oo
15
Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-:158
RESOLUTION OF INTENT TO APPROVE A PURCHASE AGREEMENT WITH SUPER
VALU AND TO DISPOSE OF PROPERTY IN ACCORDANCE THEREWITH, AND
SETTING A PUBLIC HEARING ON SAID AGREEMENT FOR MAY 16, 2000.
WHEREAS, the Iowa City Municipal Airport intends to develop property located on the north
side of the Airport which is not needed for aviation purposes; and
WHEREAS, Ruppert Road will need to be extended to serve said development; and
WHEREAS, a small piece of property will need to be acquired from Super Valu, Inc. in order to
extend Ruppert Road; and
WHEREAS, the parties are in the process of negotiating an agreement whereby the City would
convey an approximately equal amount of Airport property to Super Valu, Inc. in exchange for
Super Valu, Inc. conveying to the City the property needed for the extension of Ruppert Road;
and
WHEREAS, it is anticipated that the terms of said agreement will be finalized in time for proper
notice of a public hearing thereon for May 16, 2000; and
WHEREAS, the City Council must approve the conveyance of Airport property pursuant to
Chapter 330, Code of Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
1. The City Council does hereby declare its intent to approve a purchase agreement
between the City of Iowa City and Super Valu, Inc., and to dispose of the property in
accordance with that agreement.
2, A public hearing on said proposal should be and is hereby set for May 16, 2000, at 7:00
p.m. in the Council Chambers of the Civic Center, 4'10 East Washington Street, Iowa City,
Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk. The City Clerk is hereby directed to cause notice of the public
hearing to be published as provided by law.
Passed and approved this 2nd day of Ma.y ,2000.
ATTEST:CITY~:LERK City A~orney's Office
Resolution No. 00 - 158
Page 2
It was moved by 0'Donnel 1 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: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-159
RESOLUTION EXPRESSING A PREFERENCE FOR USE OF THE TERM
"PEOPLE OF COLOR" RATHER THAN "MINORITIES."
WHEREAS, in March of 1999 the National Black Caucus of Local Elected Officials resolved that
African Americans (Black), Hispanics/Latinos (Brown), Asians (Yellow) and Native Americans
(Red) be referred to as "people of color' rather than "minorities" as the term "minority" implied
inferiority; and
WHEREAS, the National Black Caucus of Local Elected Officials recommended that its proposed
resolution be placed before the legislative body of all cities; and
WHEREAS, the Iowa City Human Rights Commission has considered the proposed people of
color resolution and has recommended to the City Council that to the extent use of the term
"people of color' is consistent with the intention of any particular ordinance, resolution, or
document and consistent with any federal, state, or local laws, that the term "minority" not be used
and, be replaced with "people of color."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT to the extent use of the term "people of color" is consistent with the intention of any
particular ordinance, resolution, or other City document and consistent with any applicable federal,
state, or local law, that the term "minority" not be used and, be replaced with the term "people of
color."
Passed and approved this 2nd day o~~t.), ,20 00~
rove
CI City Attorney's Office
It was moved by 0'Donne'l '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 Wilburn
eleanor/res/cdor.doc
/~1-~[ [ 05-02-00
17
Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013
RESOLUTION NO. 00-160
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA,
AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION AND
MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION.
WHEREAS, City of Iowa City Resolution NO. 84-248 provides that the City may designate a non-
profit organization (NPO) to manage and operate the local public access channel, functions, and
equipment, and
WHEREAS, the Franchise Renewal Agreement between the City of Iowa City and Cablevision VII,
Inc. provides that certain funding, equipment, and facilities shall be provided to the NPO by
Cablevision VII, Inc., and
WHEREAS, it is deemed in the interest of the City to designate a private non-profit organization to
carry out the public access function, and
WHEREAS, by Resolution No. 96-280 the City entered into an agreement with PATV, Inc. to
operate the local public access function from October 1, 1996, through December 31, 1999, with a
provision for extension of said agreement by mutual written agreement, and
WHEREAS, the City and PATV, Inc. have successfully negotiated the terms of a 3-year extension
of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Public Access Television, Inc. be and is hereby designated as the non-profit organization
(NPO) to manage and operate the local public access channel(s), functions, and
equipment.
2. The proposed agreement, attached hereto and made a part hereof, is approved as to form
and content.
3. That the Mayor is hereby authorized to sign, and the City Clerk to attest, the attached
agreement between the City of Iowa City and Public Access TeleVision, Inc., for funding,
operation and management of the local public access function.
Resolution No. 00-160
Page 2
Passed and approved this 2nd day of ,2000.
Approved by
It was moved by Pfab and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
mgr~asst\res\patvinc.doc
4/25/00
AGREEMENT
This Agreement is made by and between the City of Iowa City, Iowa, a municipal
corporation ("Iowa City") and Public Access Television, Inc., an Iowa non-profit corporation
("PATV"), (collectively "Parties" or "Party"). In consideration of their mutual promises, the
Parties agree as follows:
RECITALS
1. The City of Iowa City desires to provide support for the use of public access
channel(s), namely non-commercial community programming channels provided
pursuant to the Cable Communications Policy Act of 1984, the Cable Television
Consumer Protection and Competition Act of 1992, and the Telecommunications Act
of 1996.
2. For the purpose of this Agreement, public access does not include the government,
public library, University of Iowa, or educational access channels.
3. The franchise agreement between Iowa City, Iowa and Cablevision VII, Inc. provides
that certain payments shall be made by Cablevision VII, Inc. to support the public
access channel(s).
4. For the purposes of this agreement, the definition of public access is providing
members of the community with tools, training and channel space services.
Community programming is the active production and management of programming
by staff or trained producers for local nonprofit organizations in order to provide
coverage of public events or activities of interest to the community. Examples of
such public events or activities might include, but are not limited to, the 4th Of July
fireworks, the Homecoming parade, Run for the School Road Races, school sporting
events and church activities.
PATV reasserts its goal to provide a spectrum of public access and community
programming services to the community.
5. The City of Iowa City has designated PATV as the approved non-profit organization
to manage and operate the local public access channel, function and equipment.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein,
the Parties agree as follows:
Section 1. Scope of Services. In consideration of the funding provided to PATV pursuant to
this Agreement, PATV shall perform the following services:
A. Operate Public Access Cable Channel(s). Operate the public access cable channel(s)
for public access and community programming purposes. Operation shall include, but
not be limited to, responsibilities for administering, coordinating, and assisting those
who request to use the access channel(s).
B. Operate an Access Center. Provide a video production facility and equipment which
shall be available for public use, the products of which shall be shown on the public
access channel.
2
C. Provide Equal Access. Allow access to equipment and facilities provided herein,
together with cablecast time on the public access cable channel(s), on a non-
discriminatory basis to all members of the community. This access shall be only for
non-commercial programming purposes, whether individuals, groups, or
organizations.
D. Maintain Rules. Maintain written rules and guidelines for the use of the access
equipment, facilities, and cablecast time in cooperation with the City.
Said rules and guidelines shall be consistent with the Cable Communication Policy
Act of 1984, the Cable Television Consumer Protection and Competition Act of
1992, and the Telecommunications Act of 1996 and FCC regulations. Further, any
rules and procedures promulgated specific to times and hours of cablecast shall be
content-neutral and consistent with the public forum doctrine, namely, time, place
and manner.
E. Training. Provide monthly training in the techniques of video production and facilitate
production of community programming by providing technical advice.
F. Client Satisfaction. Conduct assessment of client satisfaction of relevant service,
staff, and center offerings including but not limited to training, equipment availability
and condition, and staff responsiveness.
G. Programming. Schedule and cablecast programs a minimum of 65 hours per week on
the public access channel(s) according to the approved rules and guidelines.
H. PATV shall regularly send program listing information to all appropriate agencies so
that program information may be included in the local print media and on the digital
tiers of the local cable TV company(ies), if available.
I. Maintenance of Equipment. Provide regular maintenance and repair of all video
equipment.
J. Promotion. Actively promote the use and benefit of the public access channel(s) and
facilities to subscribers, the general public, access users, the City, and Cablevision
VII, Inc.
K. Community Programming. PATV shall dedicate a minimum of 1/3 of its monthly
programming to community programming.
L. Performance Review. In cooperation with the City and after three years of operation
under this Agreement, or any renewal thereof, undertake a performance review
which shall include an opportunity for public access users, cable subscribers, and the
general public to provide comment.
M. Other Activities. Undertake other community access activities as deemed appropriate
by PATV. For example, cable radio.
N. Compliance with Laws, Rules and Regulations. Administer the public access
channel(s) and facilities in compliance with applicable federal, state, and local laws,
rules, and regulations, the Iowa City Cable Telecommunications Franchise Enabling
Ordinance, and in accordance with the franchise agreement between the City and
Cablevision VII, Inc.
3
Section 2. Programming Content. PATV agrees to keep the public access channel(s) and
services open to all potential users and free of censorship, subject to FCC regulations, the
Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and
Competition Act of 1992, the Telecommunications Act of 1996, and all other applicable
local, state and federal laws.
Parties agree that they will not attempt to control the content of programming placed on the
public access channel(s) to the extent such programming is both lawful and also remains in
compliance with the approved rules and guidelines.
Section 3. Indemnification. PATV shall indemnify, defend and hold harmless the City, its
officers, agents, and employees, from and against all claims, losses, liabilities, or damages,
including payment of reasonable attorney's fees which may arise from the performance of
this Agreement, or which may be caused in whole or in part by any act or omission of
PATV.
The City shall indemnify, defend, and hold harmless PATV, its officers, agents, and
employees from and against any and all claims, losses, liabilities, or damages, including
payment of reasonable attorney's fees which may arise from the performance of this
Agreement, or which may be caused in whole or in part by any act or omission of the City.
Section 4. Copyright Clearance. Before cablecasting video transmission, PATV shall require
all users to agree in writing that they have obtained all required rights to all material
cablecast and clearances from broadcast stations, networks, sponsors, music licensing
organizations; representatives, and without limitation from the foregoing, together with
agreements from any and all other persons as may be necessary to transmit its or their
program materials over PATV's authorized channel(s). PATV shall maintain copies of all such
user agreements for purposes of inspection by the other Party to this Agreement, upon
reasonable notice given by said party, and for the term of the applicable statute of
limitations.
Section 5. Copyright and Ownership. PATV shall own the copyright of any programs which
it may choose, from time to time, to produce. Copyright of programming produced by the
public shall be held by such person(s) who produces said programming if such person so
copyrights, subject, however, to PATV's continuing rights to the videotape as physical
property, to be established and governed by the approved rules and guidelines.
Section 6. Distribution Rights.
A. PATV shall require that all programs produced with funds, equipment, facilities, or
staff granted under this Agreement shall be distributed on the channel(s) whose use
is authorized by this Agreement. This subparagraph shall not be interpreted to
restrict other distribution (beyond that distribution on channels authorized by this
Agreement), so long as such other distribution is consistent with the approved rules
and guidelines.
B. Payments required to obtain cable television distribution rights for programs acquired
by PATV primarily for cablecast use may be made by PATV from funds granted under
this Agreement.
C. PATV shall display on a daily basis a credit stating "Partial funding for the operation
of this channel is provided by Cablevision VII, Inc., and the City of Iowa City."
4
Section 7. Equipment and Facilities.
A. PATV shall be responsible for maintenance of all equipment and facilities owned,
leased or loaned to PATV under this Agreement or purchased with funds provided
pursuant to this Agreement.
B. PATV recognizes that this Agreement, or property purchased pursuant to this
Agreement, may create a possessory interest subject to property taxation, and that
PATV may be subject to the payment of property taxes levied on such interest. PATV
agrees to pay any and all lawful and non-exempt taxes, assessments, fees or charges
at any time levied by the state, county, city or any tax or assessment levying body
upon any property interest in this Agreement or on any possessory right which PATV
may have in property, improvements, fixtures or equipment purchased as a result of
this Agreement. In the event of protest, PATV agrees to pay said taxes under
protest, and in no event will the City be responsible for any fees incurred as a result
of such protest.
C. PATV shall own all equipment and facilities acquired by it and purchased with funds
received pursuant to this Agreement, except that upon termination or non-renewal of
this Agreement, all such equipment or facilities shall be disposed of as described in
Section 18.C of this Agreement.
Section 8. Insurance. PATV shall maintain in full force and effect, and at all times during
the term of this Agreement, insurance as required by this Section. The cost of such
insurance shall be borne by PATV and may be paid from funds received pursuant to this
Agreement.
A. Comprehensive Liability Insurance. Comprehensive liability insurance, including
protective, completed operations and broad form contractual liability, property
damage and personal injury coverage, equipment, and comprehensive automobile
liability for any vehicle owned, leased, or operated by PATV.
B. Worker's Compensation. Full Worker's Compensation Insurance and Employer's
Liability with limits as required by Iowa law.
C. City as Co-Insured or Additional Insured. The City shall be named as co-insured or
additional insured on all aforementioned insurance coverages. The policies shall
provide that no cancellation, non-renewal or major change in coverage or expiration
may be effected by the insurance company or PATV without first giving the City
thirty (30) days written notice prior to the effective date of such cancellation, non-
renewal or change in coverage. Any insurance or self-insurance maintained by the
City, its officers, agents, employees, or volunteers, shall be in excess of PATV's
insurance, and shall not be deemed as a contribution to PATV's coverage herein.
D. Notification of Coverage. PATV shall file with the City Certificates of Insurance for
coverages required above, to be filed within thirty (30) days of execution of this
Agreement, and annually on the same date thereafter. Upon reasonable written
notice, the City may request that Certificates of Insurance be provided at any time.
Section 9. Non-Discrimination in Employment. PATV shall not discriminate against any
person, employee, applicant for employment, or subcontractor on the basis of age, color,
creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual
orientation, or political affiliation.
5
Section 10. Independent Contractor. It is understood and agreed that PATV is an
independent contractor and that no relationship of principal/agent or employer/employee
exists between the City and PATV. If in the performance of this Agreement any third
persons are employed by PATV, such persons shall be entirely and exclusively under the
control, direction, and supervision of PATV. All terms of employment, including hours,
wages, working conditions, discipline, hiring and discharging, or any other term of
employment shall be determined by PATV, and the City shall have no right or authority over
such persons or terms of employment.
Section 11. Assignment. Neither this Agreement nor any interest herein shall be assigned or
transferred by PATV, except as expressly authorized in writing by the City.
Section 12.
A. Annual Reports. PATV shall prepare and provide annually to the City, within 90 days
following the end of each fiscal year, a written report of operational activities, which
report shall include, but not be limited to, the following information:
1. Current and complete listing of PATV's Board of Directors.
2. Year-end financial summary.
3. Audited financial statements if requested by the City. If PATV chooses to
conduct an audit at any time, copies will be provided to the City.
B. PATV shall prepare and provide a written report each quarter on the following:
1. Written quarterly reports on statistical comparisons from the previous year and to
other similar access centers if such data is available.
2. Written quarterly reports on the number of people trained, their rate of program
completion, and whether affiliated with any University of Iowa project or class.
C. PATV shall provide:
1. Monthly reports at Iowa City Telecommunications Commission meetings.
2. Listing of community programming cablecast within the last month; PATV's role
in the production of the community programming listed, if any; the nonprofit
agency produced for or public event or other event covered determining that
these are community programs; the run times of each program; and the list of
public access programs and their run times over the last month.
Section 13. Records. PATV shall maintain all necessary books and records, in accordance
with generally accepted accounting principles.
Section 14. Relationship with Cable Franchise.
A. Funding. PATV shall receive funding as a result of the franchise agreements between
the City and Cablevision VII, Inc. Pursuant to the aforementioned, funds will be
made available to PATV as follows:
6
1. City shall pay to PATV annually on or about January 15th of each year an
amount based on a 2000 annual payment of ~168,044.89, subject to a
yearly escalator as provided in the franchise agreement between Iowa City
and Cablevision VII, Inc. and further subject to the provisions of Subsection
A. 2 of this Section.
2. All of the above notwithstanding, funding from the City to PATV shall only be
provided as long as Cable Television Franchisee is obligated to, and continues
to, provide funding as specified in Subsection A. 1. of this Section. City shall
not be obligated herein to make any payment to PATV unless and until such
amount is paid to Iowa City by Cablevision VII, Inc.
B. Continued Services.
1. The parties shall continue to utilize dedicated channel(s) as provided for in the
City's cable ordinance decreeing public access channel dedication.
2. The City will make reasonable efforts to enforce all provisions of itsordinance
and franchise agreement regarding public access.
Section 15. Expenditure of Funds. PATV shall spend funds received from the City solely for
the purposes listed in this Agreement, and for the purpose of accomplishing PATV's
mandate as described in PATV's Articles of Incorporation and Bylaws. Funds not expended
in a given fiscal year may be carried over into succeeding fiscal years.
Section 16. Funding From Other Sources. PATV may, during the course of this Agreement,
receive supplemental funds from other sources, including, but not limited to, fund raising
activities.
Section 17. Term of Agreement. This Agreement shall commence on January 1, 2000, and
end on December 31, 2002, unless terminated earlier, as provided in this Agreement. This
Agreement may be extended, by mutual written agreement of the Parties, for an additional
three year period as set forth below.
Section 18. Termination of Agreement: Transfer of Assets.
A. The City shall have the right to terminate this Agreement for breach of any provision
of the Agreement by PATV, upon sixty (60) days written notice to said breaching
party, provided that the breaching party may avoid termination by curing any such
alleged breach within thirty (30) days of notification or within a timeframe agreed to
by the Parties. The City may also terminate this Agreement at the expiration of its
term, or any extension thereof. The City may also terminate this Agreement if PATV
is dissolved.
B. PATV shall have the right to terminate this Agreement for breach of any provisions of
this Agreement by the City, upon sixty (60) days written notice to them, provided
that said Parties may avoid termination by curing any such alleged breach within
thirty (30) days of notification or within a timeframe agreed to by the Parties.
C. In the event of termination of this Agreement, a committee shall be formed of an
equal number of representatives from PATV and the City, in order to determine the
transfer and disposal of all assets and equipment in order to best serve public access
and community needs.
D. The City shall have the right to terminate this Agreement on thirty (30) days written
notice to PATV in the event that funding for public access shall cease to be provided
by operation of federal or other applicable law. In such event, and notwithstanding
Section 14. hereof, the City shall have no liability to provide funding to PATV, nor
shall the City be liable to PATV for any damages it may suffer of claim resulting from
the termination of this Agreement.
Section 19. Renewal of Agreement. This Agreement may be renewed or extended for
additional periods, pursuant to the following process:
A. If PATV seeks a renewal of this Agreement, it shall do so on or before June 30,
2002, by letter of intent to the City requesting renewal.
B. The City shall respond to PATV's letter of intent to request renewal within sixty (60)
days. Renewal may not be denied solely on an alleged failure of PATV to comply with
the terms of this Agreement unless the City has provided PATV a written notice of
the alleged default and opportunity to cure same, and PATV has not satisfactorily
cured said default.
1. If the City indicates its desire to renew this Agreement, PATV shall, within
sixty (60) days, submit to the City a letter outlining the content of the
proposed new Agreements including items to be negotiated in the renewal
process.
2. If the City indicates its intention not to renew this Agreement, they must
delineate, in writing, specific reasons for said denial. PATV shall be afforded a
public hearing, if requested by PATV, which hearing shall be specific to
PATV's performance during the period of this Agreement and to the City's
announced intention to deny renewal.
C. Parties to this Agreement shall make all reasonable efforts to reach agreement
specific to the renewal in order to prevent unnecessary interruption of the access
services provided to the public under this Agreement.
Section 20. Time. Time is of the essence in the performance of this Agreement and for the
performance of all covenants and conditions herein.
Section 21. Cooperation. Each Party agrees to execute all documents and do all things
necessary and appropriate to carry out the provisions of this Agreement in good faith.
Section 22. Applicable Law. This Agreement shall be interpreted and enforced under
applicable laws of the State of Iowa. However, the parties will consider the use of
mediation in attempting to resolve any dispute between or among them. In the event of
dispute which cannot be resolved through mediation or where mediation has been rejected
by one or both of the parties, the courts of jurisdiction shall be the Iowa District Court in and
for Johnson County, Iowa, and the Southern United States District Court (Davenport
Division).
Section 23. Attorney Fees. In the event a legal dispute arises concerning the terms and
conditions of this Agreement, and specific performance, damages and/or criminal
prosecution is sought, the prevailing party shall be entitled to reimbursement for all
reasonable attorney fees and costs resulting from said litigation.
8
Section 24. Notices. All notices and other communications to be given by either party may
be given in writing, depositing the same in the United States mail, postage prepaid and
addressed to the appropriate party as follows:
To PATV:
Public Access Television, Inc.
623 S. Dubuque St.
Iowa City, IA 52240
To City:
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Any party may change its address for notice by written notice to the other party at any
time.
Section 25. Entire Agreement. This Agreement is the entire agreement of the Parties, and
supersedes all prior negotiations and agreements, whether written or oral. This Agreement
may be amended only by written agreement. No purported oral amendment to this
Agreement shall be valid.
Section 26. Severability. In the event some portion of this Agreement is found invalid by a
court of competent jurisdiction, it shall be deemed severable, and the remainder shall remain
in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Date written
above.
CITY OF IOWA CITY, PUBLIC ACCESS TELEVISION, INC.
a municipal corporation a non-profit corporation
Chute, P R r12 [jOcdr~'( o~ Pt'r.-ec{'ot5
Attest:/~rian K. Karr, City Clerk
Date: Nay 2, 2000 Date:
cabletv\agt\patv.doc
City Atl ney's Office
City of Iowa City 7
MEMORANDUM
Date: April 25, 2000
To: City Council
From: Betty McKray, ICTC Chairperson
Re: Recommendation Concerning the City/PATV Agreement
The ICTC unanimously voted to recommend this City/PATV agreement to City Council as
written.
This agreement has changed from the last agreement of three years ago in two ways. First, it is
a two party agreement between Iowa City and PATV, not including the City of Coralville. This is
at the request of PATV. This does not substantially affect Iowa City, it's citizens, or the
substance of the agreement.
The other material change in this agreement is the attempt of the ICTC to more accurately
define community programming, set a minimum standard for the amount of community
programming produced and shown by PATV, and a method by which it can be tracked and
documented that these goals were achieved.
If you have any questions or wish to discuss this matter further, please feel free to give me a call
at 338-0849 or Drew Shaffer, Cable TV Administrator, at 356-5046.
CC: IC'I'C
Drew Shaffer
Dale Helling
cabletv\rnem\ictc4-25.doc