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HomeMy WebLinkAbout2000-08-01 Resolution 08-01-00 3c(8) RESOLUTION NO. 00-263 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Malone's Irish Pub - 121 Iowa Avenue Iowa City Fall Fun Festival - 2140 Rochester Avenue It was moved by Vanderhoef and seconded by Pfab that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O' Donnell X Pfab X Vanderhoef X Wilburn Passed and approved this 1st day of August. ,20 00 clerk\res\danceprm.doc 08-01-00 3e(1) Prepared by Denny Cannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO, 00-264 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WILD PRAIRIE ESTATES - PART 3, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Wild Prairie Estates - Part 3, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Wild Prairie Estates - Part 3, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved thisI s t day of u ,2000. ./ A I~ow~ b ATTEST: 92; (_2_-4ZZ/.C.,) '=ft. ~4.~ '~ :~t ' CIT~'~LERK _ ~ It was moved by Vande~'hoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell × Thornberry X Vanderhoef pweng/res/~ldprairie+doc ENGINEER'S REPORT July 26, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Wild Prairie Estates - Part 3 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Wild Prairie Estates - Part 3, have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer pwenglwiidprirengrpt.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 08-01-00 i 3e(2) Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5i39 RESOLUTION NO. 00-265 RESOLUTION ACCEPTING THE WORK FOR THE CAPTAIN IRISH PARKWAY PHASE I IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Captain Irish Parkway Phase I Improvements, as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated March 3, 1998, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of Augu ,~~ rove b~, ATTEST: ~---~c~ ' '7'2-'7"~ ~ CI City Attorney's Office It was moved by Vande~'hoef<; and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng/res/captnirish3.doc City of Iowa City MEMORANDUM Date:July 20, 2000 To:Steve Atkins From:Kim Johnson Re:Agenda Items The following are costs associated with Capital Improvement Projects being presented for acceptance at the August 1st Council meeting: 1) Captain Irish Parkway Phase I Improvements Project Contractor: Metro Pavers, Inc. · Project Estimated Cost: $ 3,190,620.35 · Project Bid Received: $ 2,357,399.75 · Project Actual Cost: $ 2,333,415.95 ENGINEER'S REPORT July 20, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Captain Irish Parkway Phase I Improvements Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Captain Irish Parkway Phase I Improvements Project has been completed by Metro Pavers, Inc., of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by Shoemaker-Haaland Engineers of Coralville, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $2,333,415.95. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Charles Schmadeke, P.E. Public Works Director 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 * (319) 356-5000 · FAX (319) 356-5009 o8-o~-oo 3e(3) Prepared by Steven Nasby, CD Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319/356-5248 RESOLUTION NO. 00-266 A RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT IN ORDER TO FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT APPLICATION. WHEREAS, the City of Iowa City, Iowa, has been informed by Farnum Group Inc. that a low income housing tax credit application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at Scott Park Drive and Scott Boulevard, Iowa City, Iowa with a legal description as follows: Lot 68, of Scott Boulevard East, part three, in accordance with the plat thereof Recorded in Plat Book 40 at Page 266 of the records of the Johnson County, Iowa Recorder's Office. Said lot contains 8.20 acres, and is subject to easements And restrictions of record WHEREAS, this housing project will contain 37 units; and WHEREAS, the units will be targeted to elderly tenants and persons with disabilities, special needs populations; and WHEREAS, the project will be of new construction in accordance with the existing planned unit development; and WHEREAS, the property will have the following amenities: 1. Handicap Accessible 2. Community Room 3. Dining Room 4. Elevator 5. Laundry Facilities 6. Garages (optional) WHEREAS, the Sponsor has not requested local cash funding assistance; NOW, THEREFORE, BE IT RESOLVED by the City of Iowa City City Council, that it supports the development of the aforesaid housing in our community, subject to city ordinances and the building permit process. This resolution is effective until August 1, 2001. In the event that any of the characteristics mentioned above should change prior to the issuance of a building permit, this resolution is null and void. Resolution No. 00-266 Page 2 Passed and approved this 1st day of August ,2000. Approved by It was moved by Vande~'hoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn ppdcdbg\res\farumgrp.doc August 1, 2000 Low Income Housing Tax Credit Program Iowa Finance Authority 100 East Grand Avenue, Suite 250 Des Moines, IA 50309 RE: Regency Heights Apartments Scott Boulevard and Scott Park Drive, Iowa City, IA Farnum Group Tnc. Ladies and Gentlemen: This letter will verify that the City of Iowa City is in favor of and supports the above- described Project for construction in Iowa City. We understand that the Iowa Finance Authority will rely on the information contained in this letter to verify that the Project has local support. Sincerely, Mayor Ernest W. Lehman. 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-[826 · 17,19) 356-5000 · FAX (319) 356 5009 3f(I) Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 00-267 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONT_RACT, AND ESTIMATE OF COST FOR THE 2000 PAVEMENT MARKING 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 15TH day of August, 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 ].st day of Augus'l: ,20 00 ATTEST: i'i~TyI~_C~ C ~'~,~'~ City Attorney's Office pweng\res%2000pavemark.doc 9/99 Resolution No. 00-267 Page 2 It was moved by Vanderhoef 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: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 00-268 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 69.37 ACRES LOCATED AT THE SOUTHWEST CORNER OF LOWER WEST BRANCH ROAD AND TAFT AVENUE, WHEREAS, the owner, Jerry F. Lindemann, is owner and legal titleholder of approximately 69.37 acres of property located at the southwest corner of Lower West Branch Road and Taft Avenue; and WHEREAS, applicant, Arlington, L.C., on behalf of the owner, has requested annexation of the 69.37 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code §368.5 and §368.7 (1999), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, the Johnson County Attorney, each affected public utility, the Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: Beginning at the Northeast Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the 5th P.M. Johnson County, Iowa, Thence S00°59'54"E, along the east line of said Southeast Quarter, 445.54 feet; Thence S89°00'06"W, 331.58 feet; Thence S00°59'54"E, 394.12 feet; Thence N89°00'06"E, 331.58 feet; Thence S00°59'54"E, along said east line, 907.48 feet; Thence S89°59'58"W, 1862.98 feet; Thence N00°29'10"W, 1421.47 feet; Thence N87°46'23"E, 279.45 feet; Thence N01°12'10"W, 315.16 feet, to a point on the north line of said Southeast Quarter; Thence S89°58'56"E, 1571.98 feet, to the. Point of Beginning. Said tract of land contains 69.37 acres, and is subject to easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under §368.7 (1999) at applicant's expense. 3. Further, the City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the state treasurer, said population being 0. Passed and approved this 1st day of Auc ust ,2000. MAYOR ' ' Resolution No. 00-268 Page 2 It was moved by Vanderhoef and seconded by O' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner x Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum CHESTER J. CULVER c~.~~.~ HOOVER BUILDING, 2ND FLOOR IOWA SECRETARY OF STATE DES MOINES, IOWA 50319 September 13, 2000 Marjan K. Karr City Clerk, Iowa City 410 East Washington Street Iowa City, IA 52240-1826 RE: City of Iowa City Resolution No. 00-268 - Voluntary Annexation Dear City Clerk: You are hereby notified that the resolution, plat map and other documents pertaining to this voluntary annexation of territory to the City of Iowa City have been reviewed by this office and comply with the requirements of Iowa Code section 368.7. You may consider the annexation filed. Sincerely, Chester J. Culver Secretary of State TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us 08-01-00 6 The proposed action and the extent of objections thereto were then considered. Whereupon, Council Member Vanderhoef introduced and delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $12,000,000 SEWER REVENUE BONDS," and moved its adoption. Council Member Wi 1 burn seconded the motion to adopt. The roll was called and the vote was, AYES: 0'Donnell, Pfab, VAnderhOef, Wilh,rn, Champion, Kanner, Lehman NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 00-269 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $12,000,000 SEWER REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of not to exceed $12,000,000 Sewer Revenue Bonds for the purpose of paying costs of extending, improving and equipping the sanitary sewer utility of the City; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this goveming body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $12,000,000 Sewer Revenue Bonds for the foregoing purpose. -4- Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this goveming body. PASSED AND APPROVED, this 1 qt day of August ,2000. Mayor ATTEST: -5- The proposed action and the extent of objections thereto were then considered. Whereupon, Council Member Pfab introduced and delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $13,000,000 WATER REVENUE BONDS," and moved its adoption. Council Member Champion seconded the motion to adopt. The roll was called and the vote was, A~[ES: Pfab, VAnderhoef, Wilburn, Champinn, Kanner, Lehman, 0'Donnoll NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 00-270 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $13,000,000 WATER REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of not to exceed $13,000,000 Water Revenue Bonds for the purpose of paying costs of extending, improving and equipping the water utility of the City; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $13,000,000 Water Revenue Bonds for the foregoing purpose. -6- Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the .Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this goveming body. PASSED AND APPROVED, this 1st day of August ,2000. Mayor ATTEST: Clerk PGOODRICHX241567\! \ 10714059 -7- 08--0 '1-00 Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 00-271 RESOLUTION AMENDING THE BY-LAWS OF THE HISTORIC PRESERVATION COMMISSION TO PROVIDE FOR A SECOND REGULAR MONTHLY MEETING, AS NEEDED. WHEREAS, Resolution No. 83-371 adopted By-Laws governing the meetings, membership, officers, and conduct of the Historic Preservation Commission; and WHEREAS, the Commission and City Council wish to amend the Commission's By-Laws to provide for a second regular monthly meeting as needed; and WHEREAS, the Rules Committee of the Iowa City City Council has unanimously approved acceptance of the proposed By-Law amendments for the Iowa City Historic Preservation Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the By-Laws of the Iowa City Histodc Preservation Commission, as amended and as attached hereto, are approved as to form and content, and are hereby adopted. Passed and approved this ],st day of August ,20 00 · C It was moved by Vande~'hoef and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum BY-LAWS IOWA CITY HISTORIC PRESERVATION COMMISSION ARTICLE I. MEETINGS Section 1. Re.qular Meetin.qs. Regular meetings of this Commission shall be held once each month. In addition, a date and time shall be reserved for a second meeting each month for the purpose of reviewing Certificate of Appropriateness applications. If no applications are filed for review at the second meeting, the meeting need not occur. Section 2. Special Meetin.qs. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson's request for members of the Commission. Section 3. Place of Meetin.qs. Regular meetings shall be in the Iowa City Public Library, Civic Center or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. Section 4. Notice of Meetin.q. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members of the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Historic Preservation Commission shall consist of seven members; term of membership shall be three years except for the shortened terms that provide for staggered membership. The Chairperson and Vice-Chairperson will be elected annually by the Commission members. All members shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through a subsequent regular term. 2 Section 3. Terms. Upon the expiration of terms of present members, new members shall be appointed for three-year terms. Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code, Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTICLE III. OFFICERS Section 1. Number. The officers of this Commission shall be a Chairperson and Vice- Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be filled by Commission members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS Section 1. A.qenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretan/. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent to City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes, and appropriately identified. 3 Section 4. Policies and Pro.qrams. Periodically, the Commission shall review the policies and programs of the City relating to historic preservation, and make such recommendations to the City Council as are deemed appropriate. Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt, and shall notify Council of its disposition. Section 6. Attendance at Council Meetin.qs. The Commission Chairperson or designated representative are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Commission are to be discussed or when actions concerning the Commission's responsibilities are to be taken. The Commission's Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Repod. An annual repod, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. Section 8. Liaison with Planning and Zonin.q Commission. At such time as the Commission undertakes any business which is deemed pertinent to the activities of the Planning and Zoning Commission, the Planning and Zoning Commission shall be so notified, and may send a representative to the next meeting of the Historic Preservation Commission to act as a liaison between the two Commissions. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. ppdadmin~ylawhpc.doc Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141 RESOLUTION NO. 00-272 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 DESIGN OF THE MORMON TREK BOULEVARD IMPROVEMENTS. WHEREAS, the City of Iowa City desires to improve and expand the City's street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the reconstruction of Mormon Trek Boulevard from Melrose Avenue to the Iowa Interstate Railroad Viaduct will enhance traffic flow in West Iowa City; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the Mormon Trek Boulevard Improvements all of which shall be called the PROJECT; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Howard R. Green Company, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this :~st day of Au u t ,2000. Resolution No. 00-272 Page 2 ATTEST: " ' ~. ~,j ~ CIT~Y~ City Attorney's Office It was moved by Vande~'hoef and seconded by 0"Donne] 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng\res\mormviaduct.doc CONSULTANT AGREEMENT Phase III - Preliminary and Final Design ~ ,2000, THIS AGREEMENT, made and entered into this 2G, ~1 day of by and between the City of Iowa City, a municipal corporation, hereinafer referred to as the City and Howard R. Green Company, here in after referred to as the Consultant. WHEREAS, the City desires to secure the services of the Consultant to provide engineering services related to the proposed improvement of Mormon Trek Boulevard from 600 feet south of Melrose Avenue to 200 feet south of the IAIS Railroad viaduct, including the intersections of Melrose Avenue and Hawkeye Park Road, and; WHEREAS, the proposed improvements to Mormon Trek Boulevard includes grading, drainage ard paving improvements, as well as traffic signal modifications, and; WHEREAS, the Consultant is willing to perform such engineering work in accordance with the terms hereina~er provided and does represent that it is in compliance with Iowa statutes relating to the registration of Professional Engineers, and; 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. 1. GENERAL A. Work under this Agreement shall at all times be subject to the general direction of the City and shall be subject to the approval of the City. B. From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the City to discuss details of the Project and progress of the work. The Consultant shall prepare and present such information as may be pertinent and necessary or as may be requested by the City, to enable the City to pass critical judgement on the features and progress of the work. The Consultant shall make such changes, amendments or revisions in the detail of the work as may be required by the City. C. At the request of the City, the Consultant shall furnish sufficient prints of design plans or other data in such detail as may be required, for the purposes of review of details and for field check inspections. D. Obligations of the City to the Consultant- All existing information, including traffic, aerial topographic mapping, right-of-way information, soil exploration, utility locations, previous plans and studies, etc. applicable to the Project will be made available to the Consultant without cost. E. Compliance with all of the foregoing shall be considered to be within the purview of this Agreement and shall not constitute a basis for additional or extra compensation. 2. SCOPE OF SERVICES The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver contract documents for the Project. For the purpose of contract management the work is divided into: Preliminary Design and Final Design. PRELIMINARY DESIGN The work tasks to be performed by the Consultant under Phase III, Preliminary Design, shall consist of the following tasks: Task 1. Public Information Meetin.q This task consists of conducting one public informational meeting. The purpose of the meeting will be to gather information on the concerns, priorities, and specific issues of the adjacent property owners and other affected parties. This task includes preparation of display materials and hand out information and reviewing the results of the meeting with the City Staff and others. For budget purposes, it is assumed that one (1) staff member of the Consaltant will attend the public information meeting. Task 2. Preparation of Plot Plans and Acquisition Summaries This task consists of completing individual plot plans and acquisition summaries for each property involved with acquisition. The right-of-way features such as existing and proposed right-of-way, access rights, property ownerships and parcel information shall be included on the plot plans. In addition, a summary of proposed acquisition will be prepared for each parcel. The plot plans and acquisition summaries are intended for use during the appraisal and negotiation phases of the Project. Task 3. Preparation of Acquisition Plats and Le.clal Descriptions This task consists of performing land corner and lot surveys as needed to prepare acquisition plats and legal descriptions for each parcel. Said plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. The task also consists of researching City, County and State records to establish locations of property lines, right-of-way lines, and property ownership for the properties affected by the Project and incorporate this data into the base mapping of the Project Task 4. Preliminary Title and General Information Sheets (A Sheets) This task consists of assembling the preliminary title and general information sheets. The preliminary title sheets will include the following: Index of Sheets, Index of StandardRoad Plans, 2 Mileage Summary, Legend, Location Map, Project Number, Letting Date and Design Designation. Task 5. Preliminary Typical Cross Sections (B Sheets) This task consists of assembling the Typical Cross Sections to be used for the proposed improvements as well as a preliminary determination of the limits that each Typical Section will apply. The Typical Cross Sections will include typical sections for the proposed grading, drainage and paving improvements. This task does not include pavement design or analysis. The section will be based the typical cross sections from the previous Mormon Trek Project. Task 6. Preliminary Estimate of Quantities (C sheets) This task consists of a preliminary determination of the bid items to be included in the Pr~ct, along with an estimate of quantities for each item. Task 7. Preliminary Plan and Profiles ('D, and E Sheets) This task consists of the development of preliminary plan and profile sheets that will show the existing topography along with the proposed improvements based on the survey or the office relocation centerline. The existing and proposed right-of-way, including permanent and temporary easements will also be included on these sheets. The scale of plans will be 1 "=20' horizontal and 1 "=5' vertical. Task 8. Reference Ties and Bench Marks (G Sheets) This task consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved though out construction of the Project. This task also includes preserving the Government Corners, which are found in the vicinity of the proposed construction. This includes referencing of existing property pins. Task 9. Preliminary Stagin.cl and Traffic Control (J Sheets) This task consists of developing a suitable plan for construction staging and traffic control measures to be implemented during construction. The plan will include provisions for through traffic and temporary access to adjacent properties during construction. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). Task 10. Preliminary Pavement Markin.cls & Traffic Si¢lnin.cl (K Sheets) This task consists of the development of permanent traffic signing and pavement marking plans to be placed into service following construction. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). -3- Task 11. Preliminary Geometric Stakin.q Details (L Sheets) This task consists of refining the geometric layouts of the intersections in accordance with the conceptual/schematic plans. This task also includes the design and drafting ofjointing details, spot elevations, and geometric layouts for all non-typical pavement areas. The scale of these plan sheets will be 1 "=20. Task 12. Preliminary Storm Drainage Design and Profiles (M Sheets) This task consists of developing a "Storm Water Management Plan" for the area surrounding the proposed improvements. This plan will inventory the existing hydrologic and hydraulic conditions and analyze the impacts the proposed improvements will have on the area wide drainage patterns. Once the impacts have been quantified alternatives will be developed to support the proposed improvements. This task does not include the design of improvements to the Finkbine Golf Course pond and related drainage components. Task 13. Preliminary Traffic Si.clnal Desi.cln (N Sheets) This task consists of the development of preliminary traffic signal plans using available design standards of the City, the Iowa Department of Transportation, and the Manual on Uniform Traffic Control Devices (MUTCD) at the following intersection: · Mormon Trek Boulevard and Melrose Avenue · Mormon Trek Boulevard and Hawkeye Park Road It includes the design and drafting of the signal layout, wiring diagrams, major equipment, poles, signal heads, and special provisions. This task also includes providing phasing and timing for the traffic signals. Task 14. Preliminary Roadway Li.clhting Plans (P Sheets) This task consists of selecting lighting fixtures, design and drafting of a preliminary lighting layout plan and the coordination of the plan development with the requirements of the City of Iowa City, University of Iowa, and Iowa DOT. Task 15. Preliminary Sanitary Force Main Design (S Sheets) This task consists of the collection of existing and proposed land uses within the area and developing sewer flow projections. This task also includes the design calculations to determine sanitary force main sizing and drafting of preliminary plan and profile sheets, including special construction details. -4- This task does not include the design of modifications or improvements to the existing lift station and the force main north of Hawkeye Park Road, but includes the design for down sizing of the force main from Melrose Avenue to Hawkeye Park Road. Task 16. Preliminary Special Construction Details (U Sheets) This task consists of the design and drafting associated with the preliminary assembly of Modified Standards and special details. This task also includes structural retaining wall design and details for three (3) retaining walls at the following location: southwest quadrant of Melrose Ave and Mormon Trek, church property; northeast quadrant of Melrose Ave and Mormon Trek Blvd, golf course tee box; and east side of Mormon Trek 450 feet north of Hawkeye Park Road, golf course tee box. Task 17. Detailed Cross Sections ¢N, X, Y, Z Sheets) This task consists of the design and drafting associated wih the assembly of detailed cross sections to illustrate typical conditions, drainage designs, and non-typical conditions as needed for guidance during design, review and quantity estimating purposes. The cross-sections will show the existing ground elevations as well as the project grading, including foreslope and backslope information, special subgrade treatment, ditches, pavement replacement, and other pertinent information. Task 18. Opinion of Probable Construction Cost The Consultant shall prepare a preliminary Opinion of Probable Construction Cost for the Project. An updated Opinion of Probable Construction Cost shall be prepared at the time of completion of the plans and specifications. The Opinion of Probable Construction Cost is intended for the use of the Owner in financing the Project. Task 19. Field Review This task consists of the preparation of materials for a field exam, participation in the field exam and reviewing results of the field exam with the City of Iowa City and Iowa DOT. For budget purposes, it is assumed that three (3) staff members of the Consultant will attend the Field Exam. Task 20. Meetings During the preliminary Contract Document Phase, the Consultant staff will attend three (3) meetings to review progress, assist in decision-making, and receive direction from the City. For budget purposes, it is assumed that the interim meetings will be attended by two (2) staff members of the Consultant. This task also consists of delivering preliminary plans to the utility companies and seeking comments. This also includes one (1) meeting for obtaining Iowa DOT plan approval. Task 21. Project Management The project manager for the Consultant will be responsible for monthly progress reporting and 5 invoicing. Also, weekly coordination with the City regarding Project activities, meetings and deliverables will be necessary. This task also includes development and execution of quality control plans. Such plans include scheduling of staff, review of progress, and senior review of delizerables. This task also consists of interoffice administration and coordination of the Project. The task will include interoffice meetings, which will be attended by the project manager, and other technical staff, as well as general day-to-day administrative tasks. This task also includes typing of interoffice memoranda and minutes of meetings. This task consists of coordinating geotechnical services that are to be performed under a separate contract by the City. And also consists of coordinating with the utility companies on adjustment and relocation of their utilities in conjunction with the Project. FINAL DESIGN Following the completion of preliminary design and plan preparation the Consultant shall subsequently proceed with final design, contract drawings, specifications, and estimates for Final Contract Documents for the proposed improvements. The work tasks to be performed by the Consultant under Phase III - Final Design, shall include the following: Task 1. Final Plans The Consultant shall provide the Owner with the following deliverables as required: Final Title Sheets ('A Sheets) - This item consists of finalizing the title sheet. The title sheets will include the following: Index of Sheets, Index of Standard Road Plans, Mileage Summary, Legend, Location Map, Project Number, Letting Date and Design Designation Final Typical Sections (B Sheets) - This item consists of final design and drafting of typical cross-sections to be utilized for the improvements. Final Quantities (C Sheets) - This item consists of final bid items to be included in the Project as well as final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final design and tabulation of the erosion control measures to be provided on the Project. Final Plan and Profiles (D and E Sheets) - This item consists of the final design and drafting of roadway plan and profile sheets, including the detail information required for plan approvals, and construction of the proposed improvements. This task also consists of the final design and drafting for the installation of new utilities and utility adjustments, which can be determined from coordination with the utility companies at the time of design. This also includes final drafting of -6- the existing and proposed right-of-way information. Final Staginq and Traffic Control (J Sheets) - This item consists of final design and drafting of the construction traffic control plans. Final Pavement Markings and Traffic Signing (K Sheets)-This item consists of final design and drafting of the permanent traffic control plans. Final Geometric Stakin.cl Details (L Sheets)- This item consists of the final design and drafting of jointing details, spot elevations, and geometric layouts for all non typical pavement areas. Final Storm Drainage Design, Profiles and Details (M Sheets)- This item consists of final design and drafting of storm sewers, storm sewer inlets, manholes, open ditches, culverts and all other storm drainage related facilities on the Project. Final Traffic Signal Design (N Sheets) - This task consists of the final design and drafting of traffic signals at the designated location. Included in this task will be the signal layout plans, wiring diagrams, major equipment, poles, signal heads, quantities, special provisions, conduit, wiring and other elements of the traffic signal installations, as necessary to accommodate the roadway design, as well as phasing and timing of traffic signals. Final Roadway Lighting Plans (P Sheets) - This task consists of final design and drafting of roadway lighting. Included will be the determination of pole heights, pole spacings, mast arm lengths, light pole base designs, types of luminaries, electrical and wiring diagrams, andpower sources meeting the minimum requirements of the City of Iowa City, University of Iowa and Iowa DOT. Details will be provided for foundations and anchoring systems for the light structures. Final Sanitary Force Main Plans (S Sheets) - This task consists of final design and drafting of the plan and profile sheets, including design details. Final Tabulations of Earthwork Quantities (T Sheets)- This item consists of final design and tabulation of the earthwork quantities. Final Special Construction Details (U Sheets)- This item consists of the final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details, culvert details not included in the standard drawings, special storm sewer or manhole details not included in the standard drawings, special paving details and other required details. This task also consists of final design of retaining wall structures, including special details. -7- Final Design Cross-Sections (VV, X, Y, Z Sheets)- This item consists of the final design and drafting of individual cross-sections for the Project. Cross-sections will be designed and drawn at 50-foot maximum intervals, with additional cross-sections included as necessary. Cross- sections will show the existing ground elevations as well as the final project grading, including foreslope and backslope information, special subgrade treatment, ditches, pavement replacement, and other pertinent information. Task 3. Permits The Consultant will participate in consultations with authorities having jurisdictions to approve the design of the Project and assist in preparation of required permits. It is anticipated that the following permits will be applied for: [] Iowa DOT- Application to Perform Work Within State Highway Right-of-Way ca Iowa DOT - Application and Agreement for use of Highway Right of Way for Utilities Accommodation c~ Iowa DOT - Application for Approval of a Traffic Control Device Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the Owner. The Consultant shall provide technical criteria, written descriptions and design data for the City's use in filing applications for permits. The Consultant shall prepare the permit applications. Task 4. Project Special Provisions This task consists of preparing the special provisions for the Project to supplement the Iowa DOT "Standard Specifications For Highway and Bridge Construction". Task 5. Opinion of Probable Construction Cost The Consultant shall prepare a preliminary Opinion of Probable Construction Cost for the Project. An updated Opinion of Probable Construction Cost shall be prepared at the time of completion of the plans and specifications, The Opinion of Probable Construction Cost is intended for the use of the Owner in financing the Project. Task 6. Meetin.qs During the final Contract Document Phase, the Consultant staff will attend two (2) meeting to review progress, assist in decision-making, and receive directionfrom the City. For budget purposes, it is assumed that two (2) staff members of the Consultant will attend the interim meetings. This also includes one (1) meeting for obtaining final plan approval from the Iowa DOT. -8- Task 7. Project Management The project manager for the Consultant will be responsible for monthly progress reporting and invoicing. Also, weekly coordination with the City regarding Project activities, meetings and deliverables will be necessary. This task also includes development and e~ecution of quality control plans. Such plans include scheduling of staff, review of progress, and senior review of deliverables. This task also consists of interoffice administration and coordination of the Project. The task will include interoffice meetings, which will be at'tended by the project manager, and other technical staff, as well as general day-to-day administrative tasks. This task also includes typing of interoffice memoranda and minutes of meetings. Task 8. Bidding Phase Services The Consultant shall prepare and disseminate an informal notice to contractors concerning the upcoming Project. The Consultant shall also coordinate, prepare, and submit addendums, as required for the project letting. 3. ADDITIONAL SERVICES Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: A. Title Searches B. Appraisals C. Appraisal reviews D. Right-of-way negotiation/acquisition services E. Relocation assistance F. Closing services G. Geotechnical Services H. Eminent domain proceedings I. Flood plain permitting J. Environmental documents K. Construction Administration L. Construction Observation and Materials Testing M. Construction Staking N. Sensitive Areas Ordinance O. Public Hearing Display for Right-of-Way Acquisition 4. GENERAL TERMS 4.1 The Consultant shall not commit any of the following employment practices in any subcontracts. 4.1.1 To discharge or refuse to hire any individual because of their race, color, 9 religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. 4.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, martial status, sexual orientation or gender identity. 4.2 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 6. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. 4.3 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. 4.4 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, and it is further agreed the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. 4.5 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 the City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 4.6 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. 4.7 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. 4.8 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 an other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. 4.9 The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. 4.10 The Consultant shall furnish the services of Mr. Douglas J Ernst, P.E. to attend such meetings of the City Council and public meetings relative to this Agreement and as may be requested by the City. Mr. Ernst shall attend other meetings as requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant. Mr. Ernst will direct all Project efforts expended by the Consultant during the work, and will serve as the primary liaison with the City. Changes in the Consultanrs representatives shall be made only with the prior approval of the City. ~10- 4.11 Mr. Rick Fosse will act as the City's representative with respect to the work to be performed under this Agreement. This representative of the City shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the work presented under this Agreement. 4.12 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. 4.13 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. 4.14 Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. 4.15 Fees paid for securing approval of the authorities having jurisdiction over the Project will be paid by the City. 4.16 Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 5. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before August 2, 2000. Phase III - Preliminary and Final Design Preliminary Design August 2 - October 2, 2000 Final Design October 2 - December 4, 2000 Iowa DOT Critical Path Dates: Concept Statement 8~28~00 Preliminary Plans 10/02/00 Check Plans 11/13/00 Final Plans 12/04/00 Project Dev. Certificate 12/18/00 Letting Date 02/27/01 If notice to proceed is given at a later date, time of completion shall be extended accordingly. -11 - 6. COMPENSATION FOR SERVICES 6.1 Method of Payment City shall pay Consultant for services rendered under Section 4 - Scope of Services the lump sum fees as follows: Phase III - Preliminary and Final Design $ 205,000.00 TOTAL LUMP SUM FEE $ 205,000.00 6.2 Payment Schedule 6.2.1 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. 6.2.2. 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. 7. MISCELLANEOUS 7.1 Insurance Requirements 7.1.1 Certificate of Insurance, Cancellation or Modification 7.1.1.1 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. 7.1.1.2 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. 7.1.1.3 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. 7.1.2 Minimum Coverage 7.1.2.1 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: -12- i. Comprehensive General Liability Each Occurrence Aggregate (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 ii. Motor Vehicle Liability and Property Damage Insurance Per Person Per Accident (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 iii. Workers' Compensation insurance as required by Chapter 85, Code of Iowa. iv. Professional liability coverage minimum: $1,000,000.00. 7.1.3 Professional Covera.cle The Consultant agrees at all times matedal to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultanrs negligent acts, errors and omissions to the City in the sum of $1,000,000. 7.1.4 All provisions of he Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. 7.1.5 It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY OF IOWA CITY, IOWA FOR THE CONSULTANT B By: ~~-~ Title: Ma.yor' Title: Michael G. Daniel, Chief Financial Officer Date: August l, 2000 Date: ~1~ ?--C,, 2.-o,~ C~ O:\Proj\175310j01 \contract~AgrmtNo3-1C.doc -13- Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-273 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN FORMAL PURCHASE AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND ECUMENICAL HOUSING CORPORATION FOR THE SALE OF ECUMENCIAL'S SURFACE PARKING LOT TO THE CITY FOR CONSTRUCTION OF TOWER PLACE AND PARKING AND THE SALE OF CONDOMINIUM UNIT I F IN TOWER PLACE AND PARKING TO ECUMENICAL, SAID AGREEMENTS TO BE IN ACCORDANCE WITH THE PARTIES' LETTER OF UNDERSTANDING DATED JUNE 29, 1999. WHEREAS, on June 29, 1999, by Resolution No. 99-218 the City Council approved a Letter of Understanding dated June 29, 1999, between the City of Iowa City and Ecumenical Housing Corporation, which letter set forth the understanding reached by the parties in connection with the City's acquisition of Ecumenical Towers' parking area and provision of replacement parking in Condominium Unit 1F in Tower Place and Parking; and WHEREAS, formal purchase agreements for the City's purchase of Ecumenical's parking area and Ecumenical's purchase of unit 1F in Tower Place and Parking have been prepared and are in the process of being approved by the Department of Housing and Urban Development; and WHEREAS, said purchase agreements are being prepared in substantial conformity with said letter of understanding dated June 29, 1999, and previously approved by Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon the approval of the City Attorney, the City Manager is hereby authorized to execute formal purchase agreements for the sale of Ecumenical Towers' parking area to the City and the sale of Condominium Unit 1F in Tower Place and Parking to Ecumenical by the City on the condition that said purchase agreements are in substantial comformity with the Letter of Understanding dated June 29, 1999 previously approved by Council. 2. The City Attorney is hereby directed and authorized to prepare said purchase agreements in substantial conformity with said Letter of Understanding and to take all action necessary to consummate said transactions. Passed and approved this 1st day of August ,2000. " ' LE City Attorney's 0 'ce" eleanorlres/ecumenical.doc Resolution No. 00-273 Page 2 Itwas moved by Champ'ion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn 08-01-00 11 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-274 RESOLUTION DEDICATING AUDITOR'S PARCEL No. 200003'1 CONTAINING 32.79 ACRES AND LOT 38, FIRST AND ROCHESTER, PART I, IOWA CITY, IOWA, FOR PARK PURPOSES. WHEREAS, the City of Iowa City desires to dedicate for park purposes the following described City property located in Johnson County, Iowa: 1. Auditor's Parcel No. 2000031, containing 32.79 acres shown and described on the plat of survey recorded April 28, 2000 in Book 41, Page 211, Records of the Johnson County, Iowa Recorder, a copy of said plat being attached hemto. 2. Lot 38, First and Rochester, Part One, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 23, Page 78, Plat Records of Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following-described City land situated in Johnson County of the State of Iowa is hereby dedicated for park purposes: a. Auditor's Parcel No. 2000031, containing 32.79 acres shown and described on the plat of survey recorded April 28, 2000 in Book 41, Page 211, Records of the Johnson County, Iowa Recorder, a copy of said plat being attached hereto. b. Lot 38, First and Rochester, Part One, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 23, Page 78, Plat Records of Johnson County, Iowa. Passed and approved this 1st day of August ,2000. rove ~ CITY~ERK City A~orney's bffice elBadrY1 =-r~ester.d~ Resolution No. 00-274 Page 2 It was moved by O' Donnel 1 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner x Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ......... PLAT OF SURVEY AUDITOR'S PARCEL NOS. 2000031 AND 2000032 FILED BOOK PARED BY: MMS CONSULTANTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 ~U~TOR'S  LEGEND AND NOTES I I ', I / DA~ OF SURLY: 3/01/00 PLAT OF SURVEY M MMS CoNsuLTtafrs, INc. PARCEL NOS. 2000031 AND 20000~ /:%Tj % 7J:o::JFJ~.',o,,~M '~" "'~ ,~ LEGEND AND NOTES ~L~..- FEET; 11-lENCE: N70'58'24"W, 38,5.95 FEET; TH~ICi~ 5~3'27'41'W, 154.76 FI~:T; THFNC~ N41'4t"Sd'W, 91.60 FEET TO A POINT ON 1HI RF. ST IJNE OF SAID NORIHEAST ONE-QUARTER OF 'IHE NORTHVd[ST 0NE--(24JARqER OF SEC'II~N 11; 'll.l~C[ N00'25'4B'E., ALONG SAd{) WEST ~11 ~ ~ - Omm~SSmeNAL COme{, ~E~t~uNe.eEO 5e.3.95 F'ELrT TO 'IHE NOR'IHVd:ST CORNER OF SAi) N(3RTHEAST 0NE-QUAR'IH{ of '1HE NCITIHWEST · NOItlHF..AST ONE-QUAR1ER (2kr 1HE NOR'IHVe~'T 0NE--OUARlqU{ O~ SE:ClION I1, A DISTANCE: OF o (~.,~,~lmt,~ke~ {mkmd~ U C4~ 1327.7g FIZT TO 1HE POINT OF BEGINMNG. CCIITAJNNG 32.79 ACIE$ N. ID SUIi~CT TO -I'~k~mW le/,' mKm..~eeW~U.i~ 5/r INN J AND RES'U{ICT1ON$ OF RECORD. -- -UX.~i3SCNAL I AUDITOR°S pARCF_.L NO. 2000032 · - {AI3/NT UNI3, aeoIN & R.W'taE N01{:O I QTY OF IOWA CITY, J~I{NSON COUNTY, IOWA; 1HE)ICE 1,18r41'20'TN N.CNG ~ S~JIH UN[ OF SAJO GJ~qgC ~ [H ~ C~!t - m 0e4~aeNs FEET THENCI~ N26'Ol'54'E, 479.52 F',L'TT; THF..NC[ N18"28'26"F. 105.93 FT. Lrr; 1HE:NCE: · -oje~ !maO4TNLll3t I NT0'5824"W. 385.g5 FE:T; 'IHDICI~ S83"2'~4f'W, 154.76 F'ELrT; ~ N41'4'1'H°W, 91.60 |'=~Q0' tae.l:ss ~ 0aoa~ An., ml)esmS ;1~ le;/ee lea~qGfil6 I FT.L"T TO A p01HT ON ~ V(ST UN( OF SND. N(3rlTEAST 0NE..-QUNt'TE~ OF 114( NOR~ ONE- E:RR~R (Y' OJ)SUE IS LD~ 1HAN 1 FOOT N 20,000 ~ I QUARTER OF SEC'fl0N 11; 11.E:NCE S00'25'.48'W, N..ONG SAi:) VEST LiNE 709.81 F'E'T TO PO4NT (F BCGIHNkNG, CONTAJMNG 6.85 AI:R[$ AND ~JB,JECT TO rt..A~:ML'N"~ AND UWJW r. nl)4off$ ama4.L 14ctu~ ,N.L PtATle) ll~,ff-~-w&Y$/""( I OF' RECORD. T.'V. CABL~SI014. f.t/ITNIrY S(II~WATE~MAII~ ,/t "7"-,c;~ k / of_ _c.,~.o. L4t~ , ,,,tt;;;' ' / ~ NoaT. u.~ Of ~ .~ ,/4 .w ~/4 s~c..-T79.--.~w · - PO!'4TC d ~ a.~ N0'I[: 'IHESIE 'PclRf_E PINS I~F, RE P(NN1FA) OUT TO US BY JIM AT 'rile OUN~O CF..~E'ERY 0e~N~NCNT eUT AaE NOT ~ ~ 'mus S~C'n0N ~.- 9JR%t"Y BY HAI~ H. SCHWAa. ~C~'~S~:0 HtC.~Y . .t.,T eo<x 4 AT ~ ~ AUDITOR'S PARCEI., N0. 2000031 .- AREA = 32.79 ACRES PAGE: 2~ IECOIt0S Of THEJOHNSDNCOUNTY ~,8 \IA ~ \IA ~EL · ...=~.,:_,, _ ._.~, 6A1..85EAA~RES~ ~ ~,, cme, ~ ,/4 ,,'w ,/4 ~ll ' \lA ~~,~C. r : i / L c'v.,t ,.o. mort, Io~u.~, trf.~l ,.r~', t,'~'~ ~ .ufuv. FIRST AM:) ROCHESTER, PA .. rlerr ,v~j$, IO~VA CITY, JOHNSON COUNTY, ,~ ~ ~ ,. .... ...- ,,,.,, 41 42 ~" ..~.s,. as IN,,$.ee .Z*~S';'I· "~.)~. ~.~, t STORMWATER STORAG[ EASEMENT ~Z,~.~' ~' . ,---~ ..........,,,,, ........., ....,, ,... ,....- ,,.,, ,,.. ~ ~;~"' - ......................,:~.;~,,,.-, ~:~::_~~:;:~:~=...., ......,..,.~ ,,., ,,.,,. ,,., ,., ~ ~ ~.~;~-.-'... ~-- .......,~.~.~ ~~ ....-....... ......,,,,.,,. ,,.,, ,.. ~.-':~:.: ..:...-:."~:;. -,,,.. ,...... .., ~ ~.~- '...;. ~...I. · ~"~ .......~' I :"~ ~ ~-~-~-/~ ...... M~N K. ~R 08-01-00 12 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-275 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY ATTORNEY'S OFFICE BY INCREASING THE POSITION OF ASSISTANT CITY ATTORNEY FROM 2 FTE TO 2.5 FTE. WHEREAS, Resolution No. 00.83, adopted by the City Council on March 3, 2000, authorized permanent positions in the City Attorney's Office for FY01; and WHEREAS, the City Attorney's Office is in need of additional staff due to growth in other departments of the City that rely on the City Attorney's Office for legal advice and increase in the number and complexity of City projects and initiatives, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1o The budgeted positions in the City Attorney's Office be amended by increasing the position of Assistant City Attorney from 2 FTE to 2.5 FTE. Passed and approved this ].st day of Auqust ,20 O0 . ove City Attorney's Office Annen\formsVes asst atty.doc Resolution No. 00-275 Page 2 It was moved by Vanderhoef and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ·