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HomeMy WebLinkAbout2000-11-07 Resolution RESOLUTION NO. 00-357 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: The Press Box - 1920 Keokuk Street It was moved by Champion and seconded by 0'Donnell 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 7th day of November ,20 00. A vp~~ ~ ATTEST: ~CiT~.~9-D 9~ _~Z,2~ 2~" /']' CI LERK City Attorney's Office c lerk\res\d an ceprm. d oc i 1-07-00 4d(1= m Prepared by: Daniel Scott, Civil Engineer, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 00-358 RESOLUTION SETTING THE PUBLIC HEARING ON THE COURT HILL TRUNK SANITARY SEWER PROJECT AND AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF SAID PUBLIC HEARING TO EACH OWNER OF RECORD OF AGRICULTURAL LAND THAT MAY BE ACQUIRED FOR THE PROJECT. WHEREAS, under the provisions of Chapter 6B of the Iowa Code, a governmental body which proposes to acquire property under power of eminent domain for a public improvement project is required to give notice of a public hearing to each owner of record of agricultural land that may be the subject of condemnation prior to declaration intent to fund the site specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn, if necessary, all or a portion of property or an interest in property for the public improvement; and WHEREAS, the proposed Court Hill Trunk Sanitary Sewer Project includes upgrading and repairing a sanitary sewer; and WHEREAS, before the City of Iowa City can proceed to take said actions in connection with said project, the City Council must give notice by mail and publication to owners of agricultural land that may be acquired or, if necessary, condemned for the Project and hold a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Documentation showing the proposed location of the Court Hill Trunk Sanitary Sewer Project shall be placed on file in the office of the City Clerk and made available for public viewing. 2. A public hearing on the Court Hill Trunk Sanitary Sewer Project is to be held on the 19th day of December, 2000, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 4. The Department of Public Works and City Clerk are hereby authorized and directed to cause notice of said public hearing to be mailed and published as required by law with said Notice to be in substantially the attached form. Passed and approved this 7th day of November- ,20 O0 Resolution No. 00-358 Page 2 · rove I:~~_ · c~ ~j~. /)- ATTEST: ~' ~ City Attorney's Office Itwas moved by Champ'ion and seconded by 0'Donnell 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 pwengVes~o~lhill2a.doc NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR COURT HILL TRUNK SANITARY SEWER PROJECT TO: Wilfreda A. & Albert N. Hieronymus 3322 Muscatine Avenue Iowa City, IA 52245 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for the Court Hill Trtmk Sanitary Sewer Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves construction of a sanitary sewer from Court Hill Park to Scott Park along Ralston Creek. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site-specific design for the public improvement, to make the final selection of the rome or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the 2 site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 19th day of December, 2000 in the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions conceming the Court Hill Trunk Sanitary Sewer Project please contact the following person: 'Daniel Scott Sr. Civil Engineer City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356-5144 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section 18) 3 b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 6B.45, 6B54) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §6B.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §6B.3(1 )) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 6B.4A) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 6B.25 and 6B.54(11)) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 6B.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (2) if the award on appeal in court is more than the compensation commissioner's award. (Iowa Code §6B.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) 1. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and mount of payments. (Iowa Code §316.9) The fights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316, For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. Marian K. Karr City Clerk '1 t -07-00 4d(2) Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5437 RESOLUTION NO. 00-359 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTPu~,CT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROCHESTER AVENUE PCC PAVEMENT REHABILITATION PRO- JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 21st day of November, 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 7t:h day of Nove~ ,20 00 ATTEST: 'C'i~L~,-~2 9~- ~,2~ It-- 1-a L) R City Attorney's Office It was moved by Charnp~ on and seconded by 0! Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng~resVochesterpcc.doc 10/00 '1 t -07-00 4d(3) Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5437 RESOLUTION NO. 00-371 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA AVENUE STREETSCAPE PHASE II IMPROVEMENTS PRO- JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 21st day of November, 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 proiect is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 71:h day of November ,20 00 MAYOR CI City Attorney's Office pweng~res~iowavephase2.doc 10/00 Resolution No. 00-371 Page 2 It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTA I N: X Champion X Kanner X Lehman x O'Donnell X Pfab Vanderhoef X X Wilbum Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240, (319)356-5120 RESOLUTION NO. 00-360 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM {1605 DICKENSON LANE), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF HOUSING AND INSPECTION SERVICES TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 21st day of November, 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 Director of Housing and Inspection Services in the office of the City Clerk for public inspection. Passed and approved this 7th day of No,~,~er ,20 0,~~ FOre ATTEST: C City Attorney's Office It was moved by Champ1 on and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner x Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn hisadm/res/affdream.doc 11-07-00 4e(1 Prepared by: Kim Johnson, Public Works 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 00-361 RESOLUTION ACCEPTING THE WORK FOR THE WATER FACILITY SITE DEVELOPMENT - PHASE 1 IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Water Facility Site Development - Phase 1 Improvement, as included in a contract between the City of Iowa City and Maxwell Construction, Inc. of Iowa City, Iowa, dated March 24, 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 7th day of Nov e~' ,20 00 MAYOR rove City Attorney's Office It was moved by Champion and seconded by R' [')nnne'l '1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion 'x Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng/res/waterhasel .doc ENGINEER'S REPORT November 1, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Water Facility Site Development- Phase I Improvement Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Water Facility Site Development - Phase I Improvement Project has been completed by Maxwell Construction, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Howard R. Green Company of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $3,886,097.42. I recommend that the above-referenced improvements be accepted by the City of Iowa City. ~arles Schmadeke, P.E. Public Works Director 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 1 t -07-00 4e(2) Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 00-362 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY CIVIC CENTER THIRD FLOOR ADDITION AND FIRST FLOOR RENOVATIONS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Civic Center Third Floor Addition and First Floor Renovations Project as included in a contract between the City of Iowa City and Contracting Corp. of Illinois of Moline, Illinois, dated June 16, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of November' ,2000. rove y.~~,, City Attorney's Office It was moved by Champion 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 × Vanderhoef X Wilbum pweng\res~civcenter.doc ENGINEER'S REPORT November 7, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Civic Center 3rd Floor Additions and 1 st Floor Renovations Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Civic Center 3rd Floor Additions and 1st Floor Renovations Project has been completed by Contracting Corp of Illinois, of Moline, Illinois, in substantial accordance with the plans and specifications prepared by Wehner, Pattschull and Pfiffner Architects and Architect John F. Shaw of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $1,391,378.89. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, R~se,/~p.E. City Engineer 11-07-00 4e(3) Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 00-363 RESOLUTION ACCEPTING THE WORK FOR THE SAND PIT PUMP STATION-- LOWER TERMINUS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Sand Pit Pump Station--Lower Terminus Project, as included in a contract between the City of Iowa City and Reynolds, Inc. of Odeans, Indiana, dated March 5, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of November, 20~ rove ATTEST: 7) - 4z,-f4j ~. ~ CITt~LERK City Attorney's Office It was moved by Champion and seconded by 0' Donne'l '1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell x Pfab X Vanderhoef X Wilburn pweng~res~oumpstationdoc ENGINEER'S REPORT November l, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Sand Pit Pump Station - Lower Terminus Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Sand Pit Pump Station - Lower Terminus Project has been completed by Reynolds, Inc. of Orleans, Indiana in substantial accordance with the plans and specifications prepared by Howard R. Green Company of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $799,325.00. 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 1t-o7-oo 4e(4) Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 00-372 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY DOWNTOWN STREETSCAPE PHASE III IMPROVEMENTS WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Downtown Streetscape Phase III Improvements, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated March 17, 2000, 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 71:h day of November ,20 00 _, Approved by City Attorney's Office It was moved by Champ'i on and seconded by 0'Donne] '1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTA I N: · X Champion X Kanner × Lehman X O'Donnell X Pfab Vanderhoef X X Wilburn pwer~/restlCdowntown. doc ENGINEER'S REPORT November 1, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Iowa City Downtown Streetscape Phase III Improvements Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Iowa City Downtown Streetscape Phase III Improvements has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $1,463,074.33. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~ Richard Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET * IO~'A CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 1 '1-07-00 40(5), Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 00-364 RESOLUTION ACCEPTING THE WORK FOR THE BENTON STREET TURN LANE AND NED ASHTON MEMORIAL PARK PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Benton Street Turn Lane and Ned Ashton Memorial Park, as included in a contract between the City of Iowa City and Streb Construction Company, Inc. of Iowa City, Iowa, dated April 12, 2000, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of ~e~' (,2 ~~~,,~-v~ Approved by It was moved by Champien and seconded by 0' Donne'l '1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn pweng/res/bentonturn,doc October 30, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Benton Street Turn Lane and Ned Ashton Memorial Park Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Benton Street Turn Lane and Ned Ashton Memorial Park Project has been completed by Streb Construction Company, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $164,211.16. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincer~,~ ~Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 11-07-00 Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 00-365 RESOLUTION ACCEPTING THE WORK FOR THE IOWA RIVER CORRIDOR TRAIL PROJECT - BURLINGTON STREET TO NAPOLEON PARK WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa River Corridor Trail Project - Burlington Street to Napoleon Park, as included in a contract between the City of Iowa City and Peterson Contractors, Inc. of Reinbeck, Iowa, dated May 12, 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 7th day of Novernbe~' ,20 00 Approved by o City Attorney's Office It was moved by Champion and seconded by 0'Donnel'l the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Va~derhoef X Wilburn pweng/res/IRCTdoc ENGINEER'S REPORT October 30, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Iowa River Corridor Trail - Burlington Street to Napoleon Park Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Iowa River Corridor Trail - Burlington Street to Napoleon Park has been completed by Peterson Contractors, Inc. of Reinbeck, Iowa in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $1,562,127.37. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, R~~F%. E. City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009 11-07-00 4e(7 . Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-366 RESOLUTION ACCEPTING THE WORK FOR THE 2000 PARKING RAMP MAINTENANCE AND REPAIR PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 2000 Parking Ramp Maintenance and Repair Project, as included in a contract between the City of Iowa City and Restek, Inc. of Edmond, Oklahoma, dated February 17, 2000, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of November ,20 00 ~'~AYOR rove IT >~ c--- City Attorney's Office It was moved by Champion 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~resVampmaint.doc ENGINEER'S REPORT November 1, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: 2000 Parking Ramp Maintenance and Repair Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the 2000 Parking Ramp Maintenance and Repair Project has been completed by Restek, Inc. of Edmond, Oklahoma in substantial accordance with the plans and specifications prepared by Shive- Hattery, Inc. of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $273,772.00. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sinc,erely~, Rich~dF~os~. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOW'A 52240-1826 * (319} 356-5000 · FAX (319) 356-5009 Prepared by Ron Knoche, Civil Engineer, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 00-367 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND STORM SEWER IMPROVEMENTS FOR WASHINGTON PARK, PART XI, 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 and storm sewer improvements for Washington Park - Part XI, as constructed by Bockenstedt Excavating of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 7th day of Novernber ,2000. A ~/vedb CI ,_ It was moved by Champ'ion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab x Vanderhoef X Wilbum pweng/res/washparkXI.doc ENGINEER'S REPORT October 30, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Washington Park Subdivision, Part 11 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and storm sewer for Washington Park Subdivision - Part 11 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer and storm sewer and improvements constructed by Bockenstedt Excavating of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319 356-5000 · FAX {319) 356-5009 ~ ~ -07-00 4e(9) Prepared by: Denny Cannon, Ass't. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-368 RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN AND OFF- SITE SANITARY SEWER PUBLIC IMPROVEMENTS FOR THE UNIVERSITY ATHLETIC CLUB SUBDIVISION, AND DECLARING THE 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: Water main and off-site sanitary sewer improvements for the University Athletic Club Subdivision, as constructed by C & L Development, Inc,, of Iowa City, Iowa, WHEREAS, maintenance bonds have been filed in the City Engineer's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 7t, h day of November ,2000. It was moved by Champion 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 i:N~eng/res/athletic-club. doc ENGINEER'S REPORY October 30, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: University Athletic Club Subdivision Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the water main and off-site sanitary sewer improvements for University Athletic Club Subdivision 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 Engineer's Office for the water main and off-site sanitary sewer improvements constructed by C & L Development Inc. of Iowa City. The University Athletic Club Subdivision is located in University Heights. However, by a 28-E agreement entered into between Iowa City and University Heights, the City of Iowa City owns and maintains those public sanitary sewer and water main systems in University Heights. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerel~~ Ric~h rd~FF~osse, P.E. City Engineer 410 EAST WASHINGTON STREET · IO~'A CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 11-07-00 4e(10) Prepared by Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-369 RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN AND SANITARY SEWER PUBLIC IMPROVEMENTS FOR LOUIS CONDOMINIUMS, 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, Water main and sanitary sewer improvements for Louis Condominiums, as constructed by Daniel K. Yoder & Son of Wellman, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 7th day of Novernbet' ,2000. ATTEST:C ' ~ C~ty A~o ~y'~ '~OOO It was moved by Champion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng/resllouiscondo.doc ENGINEER'S REPORT October 30, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Louis Condominiums Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the water main and sanitary sewer improvements for Louis Condominiums have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the water main and sanitary sewer improvements constructed by Daniel K. Yoder & Son of Wellman, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely~_,~/~,, Rich~ard~F~osse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 11-07-00 4e(11) Prepared by: Denny Cannon, Ass't. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-370 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER AND OFF- SITE SANITARY SEWER PUBLIC IMPROVEMENTS FOR SILVERCREST RESIDENTIAL COMMUNITY, AND DECLARING THE 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: Storm sewer and off-site sanitary sewer improvements for Silvercrest Residential Community, as constructed by Bockenstedt Excavating, Inc., of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 7t, h day of November' ,2000. It was moved by Champ1 on and seconded by 0'Donne'l '1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn pweng/res/silver~est. doc October 30, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Silvercrest Residential Community Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the storm sewer and off-site sanitary sewer improvements for Silvercrest Residential Community have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the storm sewer and off-site sanitary sewer improvements constructed by Bockenstedt Excavating, Inc. of Iowa City. The storm sewer improvements included the installation of 100 I.f. of 12-inch reinforced concrete pipe and a curb intake at the intersection of Silvercrest Place and Scott Boulevard. The off-site sanitary sewer improvements involved the extension of sanitary sewer from Silvercrest Residential Community along the west side of Scott Boulevard and connection to an existing sanitary sewer located in Village Green South, Part 3A, and the upgrading of the existing sanitary sewer located in Vailage Green South, Part 4A and future Village Green South. I recommend that the above-referenced improvements be accepted by the City of Iowa City. sse, P.E. City Engineer 410 EAST WASHINGTON STREET · IO~'A CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009 r 11-07-00 6f Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 {319) 356-5240 RESOLUTION NO. 00-373 RESOLUTION APPROVING FINAL PLAT OF WALNUT RIDGE PART 8, IOWA CITY, IOWA. WHEREAS, the owners, John W. Kennedy, Barbara F. Kennedy and Dorothy J. Kisner, filed with the City Clerk the final plat of Walnut Ridge Part 8, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Northeast Corner of the Fractional Northwest Quarter of Section 7, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00°22'54"W, along the East Line of Said Northwest Quarter, 700.05 feet, to the Northeast Corner of Walnut Ridge, Part Seven, in accordance with the Plat thereof Recorded in Plat Book 40, at Page 82, of the Records of the Johnson County Recorder's Office; Thence N89°37'06"W, along the Northerly Line of said Walnut Ridge, Part Seven, a distance of 413.91 feet; Thence S61°25'42"W, along said Northerly Line, 121.63 feet; Thence S08°07'31 "W, along the Westerly Line of said Walnut Ridge, Part Seven, a distance of 532.82 feet; Thence S49°30'58"W, along said Westerly Line, 76.17 feet, to the Southwest Corner thereof; Thence S40°29'02"E, along the Southerly Line of said Walnut Ridge, Part Seven, a distance of 146.81 feet; Thence S51°37'54"W, along said Southerly Line, 75.64 feet; Thence Northwesterly, 321.78 feet, along a 2530.00 foot radius curve, concave Northeasterly, whose 321.56 foot chord bears N34°24'28"W; Thence Northwesterly, 228.16 feet, along a 570.00 foot radius curve, concave Southwesterly, whose 226.64 foot chord bears N42°13'53"W; Thence N33°17'02"E, 181.71 feet; Thence Northeasterly, 113.97 feet, along a 575.00 foot radius curve, concave Northwesterly, whose 113.79 foot chord bears N27°36'20"E; Thence N21°55'37"E, 216.01 feet; Thence Northeasterly, 295.49 feet, along a 3191.00 foot radius curve, concave Southeasterly, whose 288.51 foot chord bears N43°34'38"E; Thence N24°46'21 "W, .415.76 feet, to a Point on the North Line of said Fractional Northwest Quarter; Thence N88°30'17"E, along said North Line, 699.11 feet, to the Point of Beginning. Said tract of Land contains 14.49 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and 000:1.';'6 . Resolution No. 00-373 Page 2 WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 7th day of November ,2000. ATTEST: CIT~CLERK "/~' It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman " 'K O'Donnell X Mab x Vande~oef X Wilbum ppdadminves~WnutRdgS.doc 000 .7 7 ~' Outlot 'N' .-~',,~ ~ .... .. ........ *;;=? 86 ~ 85 ,, FINAL PLAT and OPDH PLAN ' ' PART EIGHT " ~ *"" Iowa CiLy T-155.20' ~ ~ SO~A~ D~P~ CO ~ohn W Kenn~ · ~er~ra F ~ennea~ C,2~sr ~ ~s~ 755 Momon ~k B]~ en~ ~th~ J ~ ~ Io~ CitT, I0~ 6~46 c/o Michael Xenn~ ~ ' 920 s ~uq.., lo~ cit~, l~ LEGEND AND NOTES Io~ CRI. Io~ 52245 Io~ CltT, lo~ 52240 ~ ........ ,, .~ ~ ~ ~., ~.t. ~.. ........ ' ~'"~' ................... : too' ~ N~ ~m~t ~.. O ~y e m~e ~de my ~ of e P~ of the ~ - Direm11'21'24" Bqln~h~ at the N~h~et ~ ef ~e rrKtl~ N~thw~t ~ d E~ ~ ~ 7' i ~ .... 'J~'""' '"' ...... ' ~' ""' '"" ""' ~""" " ~' "'~ ...... ' "'"' ""'~'"'* 7~~ '~', C~ ~ ; ~ '"" .... ,_. """ ~ V~r','''''' j;::7;' ".'V",Ol ~-. ""~"', "'1' "2~ ' *~: ": "" "' :; '] ~ .................. Oi~.-OT~T~4' , II ' ~ , ..... '-~ v,, 7~ ' ~:: ~:;" t' ........ STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB00-0020 Final Plat Date: September 7,2000 Walnut Ridge Parts 8,9 and 10 GENERAL INFORMATION: Applicant: Southgate Development PO Box 1907 Iowa City, IA 52244 Requested Action: Final Plat approval Purpose: Development of 22 residential lots Location: Kennedy Parkway extended Size: 35.14 acres Existing Land Use and Zoning: OPDH-1; undeveloped Surrounding Land Use and Zoning: North: P and ID-RS; undeveloped woodlands South: QPDH-1; residential East: P; agricultural West: ID-RS; agricultural Comprehensive Plan: Residential 2-8 dwelling units per acre File Date: August 17, 2000 45-Day Limitation Period: October 1, 2000 60~Day Limitation Period: October 15, 2000 SPECIAL INFORMATION: Public Utilities: City water and sewer service is available. Public Services: The City will provide police and fire protection. City refuse and recycling services will be provided. Transportation: The nearest transit stop is at Hawkeye Drive and Melrose Avenue. Physical Characteristics: Rolling topography including steep, critical and protected slopes and woodlands. BACKGROUND INFORMATION: Development of Walnut Ridge began in 1990 when an Overlay Planned Development Housing Plan was approved to allow 104 single-family lots on 168 acres. Subsequently parts 1 to 7 have been final platted and mostly developed. The property was zoned OPDH-1 to allow streets which did not meet City design standards in terms of width and sidewalks. Given the large lots and low density (less than 1 unit per acre), it was thought that full City design standards were not necessary. The preliminary plat and sensitive areas plan for parts 8, 9 and 10 are currently being reviewed by the City Council. The Commission has recommended approval of the preliminary plat and plan subject to the final plat including a City Forester-approved tree replacement plan and a conservation easement to assure the long-term protection of the woodlands and protected slopes. The applicant is now requesting approval of the preliminary plat for parts 8, 9 and 10. ANALYSIS: The final plat is in general compliance with the pending preliminary plat. A tree replacement plan has been submitted. It proposes the planting of 60 trees of the same species that were removed from the woodland. The replacement trees are proposed within the street right-of- way and within the common open space outlots. The City Forester is reviewing the plan and should have comments prior to the Commission's informal meeting. Construction plans and legal papers have been submitted and are being reviewed by the Public Works Department and the City Attorney's Office. These documents should be approved prior to City Council consideration of the final plat. A conservation easement for the protection of the woodlands and protected slopes is included as part of the legal papers. STAFF RECOMMENDATION: Staff recommends approval of SUB00-0020 an application from Southgate Development for a final plat of Walnut Ridge Parts 8-10, a 35.14-acre, 22-1ot residential subdivision located on Kennedy Parkway subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location Map. 2. Final Plats. Approved by. . f~ ~ IDRS ~ ~ UNIVERSITY i IOWA  / UNIVERSITY of IOWA --,,, .....--,, . P DRI~ SITE LOCATION: Walnut Ridge, Parts 8,9,10 SUBO0-O020 b~ ~ty, bm ~ e/e ~l C:~',.' ~':;.,:~/,.Z FINAL PLAT and OPDH PLAN ~ ~ 81 ..... >t ,~ ff t ~ / ~ ............ ...... // ,t'o' ~ ~-" , ~ ... /.'/ ,~,~a,~,~,..,,., ~-,~. ' ~! ~ ~ "~"", tO. Se AC r FIN~ P~T and OPDH P~ ~OT '0' ,,-- "' ' k PART TEN --, io~ City Iowa ~ 0 ~ 4~ ~ S ~b~, b~ CltI. ~ LEGEND AND NOTES ~s ~ I ~t S~t 1917 S GII~ S~t o (~,~ Sk LS ~e City, be ~45 be City. be ~ ~ 97 .~ .............. ~' / ., ~. - ......... ~- · ~ ::::: -, ~ · ~ ,L k ~ __ ~ k me s__, City of IO~ City ~~-- '-,,.,~:::~ · ;,, _ _ ,, _ ,, ,_. , ...... - ~ ~ 2265114F Prepared by: Joe Fowler. Parking & Transit, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156 RESOLUTION NO. 00-374 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WASHINGTON STREET TRANSIT INTERCHANGE PROJECT, PHASE 2, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 p.m. on the 13th day of December, 2000, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. h on the 19t day of December 2000, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 7th day of November ,20 00 M YOR transit/res/interchange.doc Resolution No. 00-374 Page 2 It was moved by Wi '1 burn 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 11-07-00 10 Prepared by: David Schoon, Eco. Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236. Resolution No. 00-375 RESOLUTION APPROVING THE PROPERTY TAX EXEMPTION APPLICATION FOR PROPERTY LOCATED AT 332 S. LINN STREET, IOWA CITY, IOWA WHEREAS, Gene L.C. ("Owner") is the owner of a mixed-use development project (the "Project") located on the land (the "Proiect Land") described in the Owner's Application for Property Tax Exemption under the Near Southside Commercial Urban Revitalization Plan (the "Application") attached hereto and incorporated herein in its entirety as Attachment 1, in the City of Iowa City, County of Johnson, State of Iowa; and WHEREAS, pursuant to the powers granted to it under Chapter 404 of the Code of Iowa, as amended, the City of Iowa City, a municipal corporation (the "City") has designated the Near Southside Commercial Urban Revitalization Area, and has adopted a plan outlining the qualifications for property tax exemption eligibility and a property tax exemption schedule for those qualifying improvements; and WHEREAS, the owner has applied to the City for a tax exemption under the Near Southside Commercial Urban Revitalization Plan; and WHEREAS, qualified real estate under the Near Southside Urban Revitalization Plan includes new construction of real estate assessed as nonresidential commercial property, which new construction did not require the demolition of structures identified in the Near Southside Commercial Urban Revitalization Plan as historic and/or architecturally significant; and WHEREAS, the Owner has represented to the City in the Application that a portion of the Project is qualified real estate assessed as nonresidential commercial property WHEREAS, the attached Application is for value added by eligible improvements made during calendar year 2000 and was submitted after February 1, 2000 and before February 1, 2001; and WHEREAS, the Application has been received, reviewed, and recommended for approval by City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that: 1 ) The Application for property tax exemption is hereby received. 2) The following findings shall be adopted: a) The Application was filed on or before February 1 of the assessment year for which the property tax exemption is being claimed. Resolution No. 00-375 Page 2 b) The Application is for a project located in the Near Southside Commercial Urban Revitalization Area; the project is in conformance with the Near Southside Commercial Urban Revitalization Plan; and the improvements described in such applications were made during the time the Near Southside Commercial Urban Revitalization Area was so designated. 3) The Application for property tax exemption schedule number 2 of the Plan is approved for the nonresidential commercial portion of the Project subject to review by the City Assessor under Section 404.5. 4) The City Clerk shall forward a certified copy of this resolution and the attached Application with its subparts to the City Assessor. Passed and approved this 7th day of November ,20 00 __ _ 1wAYOR ~.t~m:y,lc~<2) It was moved by 0'Donne] 1 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 ecodevVes~3321innexemp.doc APPLICATION FOR PROPERTY TAX EXEMPTION UNDER THE NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN __ PRIOR APPROVAL FOR APPROVAL OF COMPLETED INTENDED IMPROVEMENTS IMPROVEMENTS ADDRESS OF PROPERTY: 332 S. T, inn StrPet. Tr3%/;~ C~t-.y , Tnw;~ / ..... LEGAL DESCRIPTION OF PROPERTY; See Attachment I~n OCT PROPERTY OWNER(S) NAME: Gene T,. C. ADDRESS OF OWNER: 23~6 Mormon Trc}~ Blvd., Sgi~ 2000 ~a c~ky, Tnv~ 59~a6 NAME AND PHONE NUMBER OF CONTACT RERSON: Gene Kroeoer 319-35~-88} 1 USE OF PROPERTY PRIOR TO IMPROVEMENTS PROPOSED ~PE OF PROPER~: (Check all that apply): ~ Rental X Residential Industrial Owner-occupied __ Commercial __ Vacant PROPOSED USE OF PROPER~ NATURE OF IMPROVEMENTS: (Check all that apply): (Check all that apply): I Residential X New construction ~ Commercial __ Rehabilitation __ Industrial __ Additions SPECIFY PROPOSED USE OF PROPERTY AND NATURE OF IMPROVEMENTS (to be continued on separate pages. if necessary); Four Story Building and Una~rgrnuna p~ng level upper three floors consist of~frame conshruc~.~nn w~th ~9 - t~n. bedim a~tment~_ ~nd 6~on~ ~p~ronm ~partments_ '~-F-I~---~ _.20~O~0. s.q. ft~ of ~oured in place commercial nrcn. Lowcr lcvcl.i~als~ 20,000 sq. ft of parking 50% for commercial use and 50~ for apartment use. DATE ON WHICH PROJECT RECEIVED IOWA CITY HISTORIC PRESERVATION COMMISSION APPROVAL O~ CITY COUNCIt APPROVAL OF THE PROPOSED EXTERIOR RENOVATION: ' November 9, 1999 ESTIMATED OR ACTUAL DATE OF COMPLETION: . Spp~-~m~r~ 1, 2000 ESTIMATED OR ACTUAL TOTAL COST OF IMPROVEMENTS:$ 5v 000,000~ ~0 - ESTIMATED OR ACTUAL COST OF IMPROVEMENTS FOR WHICH EXEM~ION IS SOUGHT: $1 ,.350 ,e.0 . PROPERTY TAX EXEMPTION SCHEDULE SELECTED BY APPLICANT FOR PROJECT (See reverse side for applicable schedule): ON SEPTEMBER 14, 1999, DID TENANTS OCCUPY ANY BUILDING ON THE PROPERTY DESCRIBED ABOVE? YES X NO. IF YES, PLEASE ANSWER THE FOLLOWING QUESTION. Did the ~nstmctien of the improvemPnts, for which lhe p~pe~ tax exemption is being appli~, require the relo~tion of any ienants of residential units? __Yes !No. If~s, please ans~rthe following quesHons. Did any of those tenants that were required to relocate ~cupy the same dwelling unit continuously from October 12. 1998 until they were required to relocate? Yes ~No. If yes, please pmvide on sepamte sheet the number or msidential units. the names of each of the tenants, the dates they occupied the dwelling unit, and the relocation benefits they ~ceived. OTHER FEDERAL, STATE, OR CITY ASSISTANCE USED FOR PROJECT: N/A SIGNATURE OF PROPERTY OWNER: ~ ,-' >-:f~';'~'2:.~,/' DATE: /Z'; , ',~;~-- TAX EXEMPTION SCHEDULES RESIDENTIAL ONLY Qualified residentially assessed property is eligible to receive an exemption from taxation on the actual value added by the improvements. Exemption period 10 years Exemption amount 115% ~f the actual value added by the improvements. Amount of the actual value added cannot exceed $20,000. The granting of the exemption shall 'not result in the actual value being reduced below the actual value on which the Homestead Credit is computed. ALL PROPERTY* Qualified real estate is eligible to receive a partial exemption from taxation on the actual value added by the improvements. Exemption period 10 years Exemption amount I st year . 80% 6th year 40% equal to a percent 2nd year 70% 7th year 30% of the actual value 3rd year 60% 8th year 20% added by the improve 4th year - 50% 9th year 20% ments 5th year 40% 10th year 20% :1 ALL PROPERTY* Qualified real estate is eligible to receive an exemption from taxation on the actual value added by the improvements, Exemption, period 3 years Exemption amount 100% of the actual value added by the improvements RESIDENTIAL AND COMMERCIAL WITH 75% RESIDENTIAL USE Qual!fied real estate assessed as residential or assessed as commercial consisting of 3 or more living quarlers with at least 75% of the space used for residential purposes, is eligible to receive an exemption from taxation on the actual value added by the improvements. Exemption period 10 years Exemption amount 100% of the actual value added by the improvements Since only the non-residenb~l commercial component of a non-historic commercial laroperty qualifies for the tax exempty~Tn, only exempb~)n schedules (2) a~ld (3) are ava/laJ)le for those projecLf. OR AGENCY USE ONLY: -~E ABOVE APPLICATION IS/IS NOT IN CONFORMANCE WITH THE REQUIREMENTS OF THE NEAR SOUTHSIDE COMMERCIAL RELOCATION BENEFITS PAID ~.AL HISTORIC PRESERVATIO ~? C MMI~SION AP V,' OR .OUSING & INSPECTION SERVICES'~_/~f,~Y~t~-~%.- DATE: ~WA CITY CITY COUNCIL D~'E: SSESSED VALUE BEFORE IMPROVEMENTS SSESSED VALUE AFTER IMPROVEMENTS SSESSOR'S PHYSICAL INSPECTION DATE: ~GIBLE OR NON ELIGIBLE FOR PROPERTY TAX EXEMPTION TY ASSESSOR: DATE: LEGAL DESCRIPTION AND ADDRESS ~DRESS: COURT-LINN BUILDING NEC of Linn and Court Streets Iowa City, IA 52240 ',GAL DESCRIPTION: The south 5 feet of Lot 10 and the north 30 fee of Lot 11 in Johnson's Subdivision of Outlot .24 in Iowa City, Iowa, according to the recorded plat thereof. and Lot 12 and the south 10 feet of Lot 11, in jo~mson's Subdivision of Out Lot 24 in Iowa City, Iowa, according to the plat thereof recorded in Book 16, Page 134, Deed Records of Johnson County, Iowa. and Lots 13 and 14 in Johnson's Subdivision of Out Lot 24, in Iowa City, Iowa, according to the plat thereof recorded in Book 16, Page 134, Deed Records of Johnson County, Iowa. Source: Client furnished three preliminary title opinions dated Jut 21, Nov 5 and Nov 5, I999, which appear to represent the subject property. Title opinions are by Michael W. Kennedy, Esq. of the law firm of Kennedy, Cruise, Anderson & Frey, L.L.P. of Iowa City, IA. [The legal description was furnished by others. Although the above information is believed to be true and correct, no reliance' should be assumed in that the appraiser is not responsible for items of a legal nature. ] /O City of Iowa City MEMORANDUM Date: November 2, 2000 To: City Council t°r/~ From: David Schoon, Economic Development Coordina. Re: Property Tax Exemption Application for Property Located at 332 S. Linn Street On your agenda is a resolution approving an application from Gene L.C. for property tax exemption for property located at 332 S. Linn Street. The purpose of this memo is to provide a brief history on property tax exemption in the Near Southside Neighborhood and to outline the eligibility criteria for property tax exemption. Near Southside Commercial Urban Revitalization Plan In December 1994, the City Council designated a portion of the Near Southside Neighborhood as the Near Southside Commercial Urban Revitalization Area in order to provide property tax exemptions for qualifying commercial developments (see attached map). In October 1999, the City Council amended the Near Southside Commercial Urban Revitalization Plan in order to make the eligibility criteria for property tax exemption more consistent with the then recently adopted Central Business District Urban Revitalization Plan. Eligibility Criteria According to the Near Southside Commercial Urban Revitalization Plan, projects within the revitalization area must meet the following criteria to qualify for property tax exemption: · Qualified real estate includes real estate assessed as commercial property. Only the non- residential commercial component of a commercial property would qualify for property tax exemption. However, any reuse of a historic structure assessed as residential (owner- occupied housing - condominium units for example), residential commercial (rental housing), or non-residential commercial property shall be considered qualified real estate and thus eligible for property tax exemption. Given that the proposed project is new construction and does not reuse a historic structure, only the non-residential commercial component of the project qualifies for the property tax exemption. In this instance, the qualifying portion of the project consists of approximately 20,000 square feet of non-residential commercial space located on street level and half of the below grade parking, which is reserved for the non-residential commercial space. · Eligible construction includes rehabilitations, additions, and new construction. However, new construction that requires the demolition of structures identified in the Near Southside Commercial Urban Revitalization Plan as historic and/or architecturally significant is not eligible for property tax exemption. The application is for a project consisting of new construction. The project did not require the demolition of historic and/or architecturally significant structures as identified in the Plan. · In order to be eligible for property tax exemption and prior to the issuance of a building permit, the exterior design of any qualifying project must be either 1 ) reviewed by the staff design review committee and approved by City Council or 2) reviewed and approved by the Historic Preservation Commission. The exterior design of the structure was approved by the Oity Oouncil by Resolution Number 99-37'6 on November 9, 1999. · In order to be considered eligible for property tax exemption, all improvements must increase the actual value of the property as of the first year for which an exemption is received by at least fifteen percent (15%) in the case of real property assessed as commercial property and by at least ten (10%) in the case of real property assessed as residential property. The actual value of the improvements on the property as of January 2001 must be at least fifteen percent greater than the assessed value of the improvements on the property as of January 2000. The actual value of improvements on the property as of January 2000 was $100,000. (The old structures had been removed by then and the construction of a new foundation had begun.) It appears that the applicant will easily meet this criterion. As provided for in State Code, the City Assessor will determine whether or not the project meets this criterion after the Council's approval of the application. Given that the project meets the criteria identified in the Near Southside Urban Revitalization Plan, staff recommends Council adoption of the resolution approving the property tax application for property located at 332 S. Linn Street. Cc: Gene Kroeger Dan Hudson Sarah Holecek u:\files\tifabat\cc1107 memo.doc NEAR SOUTHSIDE ~.,~..,=, c.z COMMERCIAL REVITALIZATION AREA MAP -- 9~ I!l IC~ COURT I...e , 3 court 2 I 19 ' House Federol · Bu/Id/ng ~,6 7 ~ 8 "' ' PRENTI&,~ ; ~ ., . , I~ 18 ~ _ ~ 332 S- LINN STBET LAFAYETTE ~ ' Map depicts existing p~rcels within urban revit~liz~tion area. City of Iowa City MEMORANDUM Date: November 7, 2000 To: City Council ~ From: David Schoon, Economic Development Coordinat Re: Property Tax Savings for 332 S. Linn Street Councilor Pfab requested a calculation for the amount of property tax savings the property owner of 332 S. Linn Street will benefit from the property tax exemption. Assuming that the actual assessed value is equal to the "estimated or actual cost of improvements for which exemption is sought," which is $1,350,000, the property owner will save approximately $195,000 over the ten-year life of the exemption schedule. During that same 10 year period, the property owner will pay approximately $250,000 in property taxes on that same $1,350,000 of assessed value. Cc: Steve Atkins Karin Franklin APPLICATION FOR PROPERTY TAX EXEMPTION UNDER THE NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN PRIOR APPROVAL FOR APPROVAL OF COMPLETED INTENDED IMPROVEMENTS IMPROVEMENTS ADDRESS OF PROPERTY: 332 S. T,inn Streeh, T~w~ C~.y , Tnw~ LEGAL DESCRIPTION OF PROPERTY: I V See Attachment CT ~o~Y OWNER(S) NAME: ~ Gene T,. C. ADDR~S~E~ormon Trc~ Blv~., ~i~ 2000 NAME AND PHONE ~MBER OF CONTACT PERSON: Gene K~eger 319-351-RR] ] USE OF PROPERTY PRIO~ O IMPROVEMENTS ROPOSED TYPE OF PROPERTY: (Check all that apply): (Check all that apply): . (Check all that apply): X Residential / ~ New construction ~ Commercial / __ Rehabilitation Industrial Additions SPECIFY PROPOSED USE OF AND NATURE OF IMPROVEMENTS (to be continued on separate pages, if necessary): ~oa~ ~'o~ g~Id~ng and T]nd~rgrnuna park~n~ uDpe: ~h~ee f~oo~s,,'~ons~St of_~ame conshrun~.4nn ~{~h 47 - / / _~_Q s.~, ~ .~ ~red ~n [ace ~omme~o~a~ area. ~o~rc= ~cvc~.~a~s~ 20,000 s~. f~ O~ pa~k~ng 50% or commerc~aZ use and 50% ~or apa~menb ~se. DATE ON WHICH PROJE~T RECEIVED IOWA CITY PRESERVATION COMMISSION APPROVAL OR CITY COUNCIL APPROVAL O~ THE PROPOSED EXTERIOR )VATION: ' Novembe~ 9, 1999 ESTIMATED OR ACTUAL DATE OF COMPLETION:__ , 2000 ESTIMATED OR ACTUAL TOTAL COST OF ,000,000-. e0 - ESTIMATED OR ACTUAL COST OF IMPROVEMENTS FOR EXEMPTION IS SOUGHT: $1,350.00. PROPERTY TAX EXEMPTION SCHEDULE SELECTED BY AF FOR PROJECT (See reverse side for applicable schedule): __1 ~ 2 __;~ __4 ON SEPTEMBER 14, 1999, DID TENANTS OCCUPY ANY ILDI G~ON THE PROPERTY DESCRIBED ABOVE~ YES X NO. IF YES, PLEASE ANSWER THE FOLLOWING QUE iON. ' ' Did the construction of the improvemPnts. for which the pmpe tax exemotion is being applied, require the relocation of any tenants of residential units? __Yes ~No. Ify s, please a~swer the following questions. separate sheet the number or residential units, the names of each..Df the tenants, the dates they occupied the dwe~ing unff, and the relocation benefits ~ey received. OTHER FEDERAL, STATE, OR CITY ASSISTANCE USED FOR PROJECT: SIGNATURE OF PROPERTY OWNER: .~' DATE: ~ DEFEATED 11 -o7-o0 11 Prepared by: Karin Franklin, Planning & Community Development Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. RESOLUTION TO ADOPT AMENDED BY-LAWS FOR THE PUBLIC ART ADVISORY COMMITTEE. WHEREAS, the Public Art Advisory Committee was established in 1997 and by-laws were adopted in July 1998 by Resolution #98-243; and WHEREAS, said by-laws were subsequently amended by Resolution #99-56 in February, 1999; and WHEREAS, the Public Art Advisory Committee recommended at their September 7, 2000 meeting that Article III, Section I, "Membership" of the by-laws be amended to include nine members, at least three of whom would be art professionals; and WHEREAS, this amendment is intended to ensure broader input into public art decisions and balanced representation of art professionals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The previous by-laws of the Public Art Advisory Committee be amended to provide that seven members of the committee be appointed by the City Council with at least three of the appointees being art or design professionals, and the by-laws dated September 7, 2000 attached hereto be adopted. Passed and approved this day of , 2000. MAYOR ATTEST: ~Y' 0'% I/- I-0c7 CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdadmin\res\PAACby-laws.doc BY-LAWS Public Art Advisory Committee September 7, 2000 ARTICLE I. AUTHORITY The Public Art Advisory Committee shall have that authority as established by Resolution 97- 326 passed by the City Council of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE The purpose of the by-laws stated herein is to provide for the administration of a public art program by establishing a Public Art Advisory Committee to develop the Iowa City Public Art Program and to administer said program. ARTICLE III. MEMBERSHIP Section 1. Qualifications. The Public Art Advisory Committee shall consist of nine (9) members, seven (7) of whom shall be appointed by the City Council. Of the seven appointees, at least three (3) shall be art or design professionals. The remaining two (2) members shall be ex-officio and shall be one (1) staff representative from each of the Departments of Public Works and Parks & Recreation. All appointed members of the Committee shall be qualified electors of the City of Iowa City, Iowa. Section 2. Compensation. Members shall serve without compensation. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be given an orientation briefing by the City staff and the Committee as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Committee member from regular meetings may result in a recommendation to the City Council from the Committee to discharge said member and appoint a new Committee member. Section 5. Vacancies. Any vacancy among the appointees on the Committee because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Any vacancy of an ex-officio member shall be filled by the appropriate agency within 30 days. Section 6. Terms. Appointed members shall be appointed for terms of three years, with terms expiring on January 1. No more than one-third of the terms may expire in any one year. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the City 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. Ex-officio members shall serve for a term of one year; such terms shall be renewable, at the discretion of the appropriate agency. Section 7. Resignation. Resignations shall be submitted in writing to the Mayor with a copy to the City Manager, Director of Planning and Community Development, and Chairperson of the Public Art Advisory Committee at least 60 days prior to the date of intended departure. ARTICLE IV. OFFICERS Section 1. Number. The officers of this Committee shall be a Chairperson and a Vice- Chairperson, each of whom shall be elected by a majority vote of all members of the Committee from those Committee members appointed by the City Council. Section 2. Election and Term of Office. Officers of the Committee shall be elected annually at the first regular meeting in February each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the Committee for the unexpired portion of the term, except as provided in Article Ill, Section 6, above. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of the Chairperson, and such other duties as may be prescribed by the members from time to time. 2 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 powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. MEETINGS Section 1. Re.qular Meetin.qs. Regular meetings of this Committee shall be held monthly. Section 2. Special Meetin.qs. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three or more members of the Committee. Section 3. Place of Meetings. Regular meetings shall be in a place accessible to persons with disabilities. Section 4. Notice of Meetin.cls. Notice of regular and special meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meeting. Section 5. Quorum. A majority of all the members of the Committee shall constitute a quorum at any meeting. 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. Section 8. Motions. Motions may be made or seconded by any member of the Committee except the Chairperson. Section 9. Conflict of Interest. A member who believes they have a conflict of interest on a matter about to come before the Committee shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. If there is a question of whether or not a conflict exists, the City Attorney or City Attorney's designee will decide. All questions should be referred to the City Attorney or designee. Decisions of the City Attorney or designee are binding. Section 10. Votin.q. A majority (but not less than three) of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Upon request of any Committee member, voting will be by roll call and will be recorded by "ayes" and "nays". Every member of the Committee, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 11. Roberts Rules of Order. Except as otherwise provided herein, Roberrs Rules of Order as amended shall be used where applicable. ARTICLE VI. POWERS AND DUTIES The Public Art Advisory Committee possesses the following powers, all being subject to final approval by the City Council: Section 1. To develop by-laws and procedures for the Iowa City Public Art Program. Section 2. To determine the placement of public art and the type of art to be used in a specific project. Section 3. To commission artists or to purchase art works, as appropriate. Section 4. To accept or reject gifts and loans of art. Section 5. To develop policies and procedures for the maintenance and disposition of public art. Section 6. To determine and oversee expenditures of the Public Art Program budget. Section 7. To develop a Public Art Plan for the City of Iowa City. Section 8. To develop and maintain an inventory of public art. ARTICLE VII. CONDUCT OF COMMITTEE BUSINESS Section 1. A.qenda. The Chairperson, or a designated representative, together with the staff assistant, shall prepare an agenda for all regular Committee meetings. Agendas are to be 4 posted at least 24 hours before the meeting and shall be sent to Committee members and the media prior to regular meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all meetings are to be prepared, reviewed by the Chairperson, and distributed to the Committee and City Council Members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Committee shall review all policies and programs of the City, relating to the Committee's duties as stated herein, and makes such recommendations to the City Council as are deemed appropriate. Section 4. Annual Report. An annual report detailing the activities of the Committee shall be prepared by the Chairperson, approved by the Committee and submitted to the City Council at the end of each calendar year. ARTICLE VIII. SUBCOMMITTEES The subcommittees of this Committee including composition, duties, and terms shall be designated by the Chairperson. ARTICLE IX. AMENDMENTS These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than four members of the Committee at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the City Council to become effective. ppddir~bylawartdoc 5 11-07-0~ 12 · Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 00-376 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CENTRAL SERVICES DIVISION OF THE FINANCE DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING THE POSITION OF CENTRAL SERVICES CLERK. WHEREAS, Resolution No. 99-201, adopted by the City Council on June 15, 1999, established a classification/compensation plan for AFSCME employees; and WHEREAS, it has been determined that it is more cost efficient to eliminate the City's centralized office supply function and enable staff to purchase office supplies directly from an on-line vendor, thereby reducing costs of administration and storage of inventory; and WHEREAS, current print shop equipment is in need of replacement and an in-house study has determined that it would be more cost effective to outsource the City's printing needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The budgeted positions in the Central Services Division of the Finance Department be amended by the deletion of one full-time Central Services Clerk. The AFSCME pay plan be amended by the deletion of the position of Central Services Clerk, pay grade 8. Passed and approved this 71:h day of Novembe~ ,2000. CI Qty Attorney's Office ~nadmVes\csderk.doc Resolution No. 00-376 Page 2 It was moved by Champion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum City of Iowa City MEMORANDUM Date: October 30, 2000 To: Stephen Atkins, City Manager From: Kevi n O'Malley, Director of Finance,--Z~'g,l/,.x¢lA Re: Elimination of Central Services Division Position Central Services Clerk (Print Shop) Recommendation: To delete the position of Central Services Clerk (Print Shop) from the City's pay plan. Background: The primary duties of this position have been 1 ) maintenance of the centralized office supply inventory and 2) provision of centralized print shop services, primarily through the operation of a large in-house copie~duplicator. Several months ago the Central Services Administrator initiated a study of the relative efficiencies associated with the maintenance of an in-house office supply inventory. We have converted to an on-line direct ordering system. In this manner the City achieves cost efficiencies in lower administration charges and reduced costs of inventories. Also, the space formerly used by the office supply room has been freed up for other uses. Likewise, a similar analysis of the print shop operation was undertaken. The timing of this analysis was initiated by the need to replace the present duplicator, which had been experiencing increased downtime and reduced print quality. Findings: In analyzing expenditure reports, we have observed a general decline in print shop use. Currently two-thirds of the City's total printing needs are outsourced. This outsourcing was being done on a decentralized, non-contract basis, so no quantity discounts were achieved. The final recommendation is based upon the following facts: 1. Current average equipment utilization during normal work day - 20% of maximum capacity 2. Cost of new equipment - $200,000 to $250,000 3. New internal chargeback rates would need to be increased from $.0568 to $.07 compared to $.045 to $.05 per copy for outsourced copy services. 4. The vendor awarded the City's contract would provide for state of the art printing technology. It would be financially infeasible for the City to allocate the amount of resources needed to maintain state of the art printing technology. The City is also unable to afford the equipment to enable the variety of services an outside printing service provides. 5. If the City were to purchase a replacement duplicator, it would be "locked out" of advancements that would occur during the life of that machine. More prevalent use of color printing is an example of such an advancement. Outsourcing this service defers this responsibility to the vendor, while gaining the immediate benefit of changing printing technology to City staff. 6. Vendor would provide pickup and delivery service to the Civic Center and other sites such as the Library. The printing vendor operates longer production hours than the standard City work day, thereby shortening turnaround time. Most routine projects would be guaranteed with a maximum turnaround time of 48 hours, with special provisions for rush projects. This meets or exceeds existing turnaround times. 7. State of the art printing technology available from a printing vendor would enable features such as e-mail transmission of files that would improve print quality and possibly reduce turnaround time. 8. Printing services have redundant printers which reduce the present risk of the one City duplicator being down for breakdowns or routine maintenance. Upon analysis of the above factors, an in-house staff committee unanimously recommended that City printing needs be outsourced. The elimination of the internal office supply function and the outsourcing of printing services have eliminated the majority of the job duties performed by the Central Services Clerk. Miscellaneous remaining duties can be absorbed by staff in Central Services and Document Services Divisions. It is therefore recommended that this position be eliminated from the City's pay plan. cc: Dale Helling, Assistant City Manager Sylvia Mejia, Personnel Administrator Mary Niichel, Central Services Administrator finadm~nemos\csclerk.doc ~OCT i 8 2000 ~ October 16, 2000 CITY MANAGER'S OFFICE Honorable Errfie Lehman City of Iowa City 410 E Washington Iowa City, IA 52240 Dear Mayor Lehman, Recently AFSCME Local 183 received a letter regarding the possible reduction in personnel in the Purchasing Department, more specifically the outsourcing of Printing. Became outsourcing of services is one of our major concerns we have dedicated many resources to evaluate the possible benefits and pitfalls of such proposals. AFSCME would like the oppommity to present to yourself and the City Council our outcome on any outsourcing before this vote is taken. We would also use this oppommity to remind you and the City Council of the failures of outsourcing that have occurred within the City, i.e. Central Business District and Library Janitofial Staff just to name a couple. We would appreciate your assistance and attention regarding this matter. Thank you in advance. President AFSCME Local 183 515-6844046 hm 356-5151 wk C: Iowa City, City Council October 27, 2000 Ms. Tairi Sackfield, President AFSCME Local No. 183 c/o Iowa City Transit Division 1200 S. Riverside Drive Iowa City, IA 52246 Dear Ms. Sackfield: This will acknowledge receipt of your letter of October 16. 2000 regarding outsourcing of the City's printing and related services. The decision was made by the City Manager and the Director of Finance after carefully considering economic and other factors relative to maintaining this service in-house versus outsourcing it. The City Council delegates to the City Manager the discretion for determining how the City operations will be undertaken and we in turn hold the City Manager and his staff accountable for employing the most efficient and cost-effective means for carrying out that charge. The Council in turn allocates the necessary resources, including staff, to support the operation. You may speak to this matter when it is considered by the City Council at our November 7, 2000 meeting in the form of a resolution to delete the Central Services Clerk from the classified plan. In addition, you may submit any information you wish in writing prior to the November 7 meeting. It must be submitted to the City Clerk by Wednesday, November 1 to be included in Councirs agenda packet. Ernest W. Lehman Mayor cc: City Council City Manager mgr/asst/Itr/print2.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 -07-00 13 Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 00-377 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE WASTEWATER/LANDFILL DIVISION OF PUBLIC WORKS DEPARTMENT AND THE AFSCME AND ADMINISTRATIVE PAY PLANS BY DELETING THE POSITION OF SENIOR MAINTENANCE WORKER - LANDFILL AND ADDING THE POSITION OF ASSISTANT SUPERINTENDENT - LANDFILL WHEREAS, Resolution No. 99-201, adopted by the City Council on June 15, 1999, established a classification/compensation plan for AFSCME employees; and WHEREAS, the City of Iowa City owns and operates a sanitary landfill under permit from the Iowa Department of Natural Resources, for the health and sanitation of the citizens of Iowa City, and Johnson County; and WHEREAS, the City of Iowa City wishes to conduct landfill and recycling operations in a manner that is most efficient and responsive to the needs of the service area; WHEREAS, The Landfill operation needs an administrative supervisor on site to handle planning, personnel, cost control, purchasing, and customer service responsibilities; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Landfill Division of the Public Works Department be amended by: a. The deletion of one full-time Senior Maintenance Worker - Landfill b. The addition of one full-time Assistant Superintendent - Landfill 2. The AFSCME pay plan be amended by the deletion of the position Senior Maintenance Worker - Landfill, pay grade 14. 3. The Administrative pay plan be amended by the addition of the position of Assistant Superintendent - Landfill, pay grade 27. Passed and approved this 7th day of November' ,20 O0 ATTEST: ITY~L"~RK' ~ ~'/) C ey's //_ hurnanrel~-es~land~llres.dec Resolution No. 00-377 Page 2 It was moved by Vanderhoef and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 RESOLUTION NO. RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE LIBRARY AND THE AFSCME AND ADMINISTRATIVE PAY PLANS BY DELETING THE POSITION OF MAINTENANCE WORKER III - LIBRARY AND ADDING THE POSITION OF LIBRARY BUILDING MANAGER. WHEREAS, Resolution No. 99-201, adopted by the City Council on June 15, 1999, established a classification/compensation plan for AFSCME employees; and WHEREAS, the Library has changed from contracting out general maintenance and cleaning services and hired three people (2.25 FTE) to perform work previously done by contract cleaners; and WHEREAS, these people are hired, directly supervised, evaluated and disciplined by a staff person who previously did not perform these tasks; and WHEREAS, it is necessary to appropriately classify the position now responsible for these management tasks, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Library be amended by: a. The deletion of one full-time Maintenance Worker III - Library. b. The addition of one full-time Library Building Manager. 2. The AFSCME pay plan be amended by the deletion of the position of Maintenance Worker Ill-Library. 3. The Administrative pay plan be amended by the addition of the position of Library Building Manager, pay grade 25. Passed and approved this day of ,20 A Fovo_d~by ATTEST: CITY CLERK City Att humanrel/res~librar,/jobs,doc Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-378 RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1905 GLEASON AVENUE TO THE TENANT AND SETTING A PUBLIC HEARING FOR NOVEMBER 21, 2000. WHEREAS, the City Council of the City of Iowa City functions as the Iowa'City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 1905 Gleason Avenue, Iowa City; and WHEREAS, the tenant at 1905 Gleason Avenue has offered to purchase this home for the principal sum of $93,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. 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 convey a single family home located at 1905 Gleason Avenue, Iowa City, Iowa, also known as Lot 64, Part 2, Mount Prospect Addition, to the tenant for the sum of $93,000.00. 2. A public hearing on said proposal should be and is hereby set for November 21, 2000, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk should be and is hereby directed to cause notice of the public hearing to be published as provided by law. Passed and approved this 7th day of November ,2000. .- _ App~,..~:~ ATTEST: iT.~_,rj.~ ~ "'7/I2. ~ { (' ;~ ' o ~ CI CLERK City Attorney's Office Resolution No. 00-378 Page 2 It was moved by Vanderhoef 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 11-07-0C 15 Pre by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 3 / RESOLUTION NO. / ITION OF INTENT TO CONVEY A SINGLE FAMILY AT 1905 GLEASON AVENUE TO THE TENANT AND SETTI A PUBLIC ~RING FOR NOVEMBE 21, 2000. WHEREAS, the City of the City of Iowa City functions as th~ City Housing Authority; and WHEREAS, on Se 1993, the City Council considered passed Resolution No. 93-255 approving the Sectio Implementing Agreement the conversion of public housing to private ownership, known as the ~hip Program; and WHEREAS, the Iowa City Housin. owns a si family home located at 1905 Gleason Avenue, Iowa City; and WHEREAS, the tenant at 1905 Gleason to purchase this home for the principal sum of $93,000, which is the a of the property; and WHEREAS, this sale would provide the o for a low-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the ng adequate financing for the purchase of the home. NOW, THEREFORE, BE IT BY THE CITY UNCIL OF THE CITY OF IOWA CITY, IOWA, that: ~Li6 1. The City Council does declare its intent to convey single family home located at 2. A public hearing on sa ~ ~osal should be and is hereby set f November 21, 2000, at 7:00 p.m. in the Co~ Chambers of the Civic Center, 410 East ashington Street, Iowa Passed and approved day of ,2000. MAYOR Ap ATTEST: ~~ CI CLERK City Attorney's Office 11-07-OC 16 Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5437 RESOLUTION NO. 00-379 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY-FOR CONSTRUCTION OF THE PRAIRIE DU CHIEN ROAD TO DODGE STREET WATER MAIN PROJECT. WHEREAS, the City of Iowa City desires to construct Prairie du Chien Road to Dodge Street Water Main Project ("Project") which includes water main construction from Prairie du Chien Road to Dodge Street; 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 Company, 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. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Prairie du Chien Road to Dodge Street 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. 2. 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. 3. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement 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. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized Resolution No. 00-379 Page 2 to execute and attest all easement agreements and agreements in lieu of condemnation, The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 7th day of November ,20 00 MAYOR Approved by ATTEST: ,,iT~.,-~,,,,) 9tl2. c~'/)~ · , CI LERK City Attorney's Office 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 Wilburn pweng\res\prairiedodge.doc 11/00 Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 00-380 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE, IOWA TO USE A PORTION OF PUBLIC LAND AND RIGHTS-OF-WAY FOR THE INSTALLATION OF A WASTEWATER EFFLUENT FORCE MAIN. WHEREAS, the City of Coralville, Iowa desires to install a wastewater effluent force main beginning at Coralville's Wastewater Plant and extending to the Iowa River downstream from Iowa City's and University of Iowa's Water Plants; and WHEREAS, it is in the public interest to enter into an agreement with the City of Coralville, Iowa concerning the construction work and the responsibility for the installation and maintenance of a wastewater effluent force main. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached agreement between the City of Iowa City and the City of Coralville, Iowa to use certain public land and rights-of-way as set out in said agreement for the placement of a wastewater effluent force main is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at the City of Coralville, Iowa's expense. Passed and approved this 7th day of Nov~gr ,2000. CORPORATE SEAL ATTEST:c //- I- Z} V City Attorney's Office It was moved by Pfab and seconded by Champi on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn FILED NO. ':-I 11326 FEE JOIINSUN COUNTY ilECORDER IOWA CITY, IOWA Prepared by: Kevin D. OIson, Asst. City Attorney, 1400 5th Street, Coratville, IA 52241; 319-351-2277 AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF CORALVILLE FOR USE PUBLIC LAND AND RIGHTS-OF-WAY FOR THE INSTALLATION OF A WASTEWATER EFFLUENT FORCE MAIN. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public property" shall mean public-owned or controlled public land and rights-of-way, easements, bridges, parks, squares and commons. d. "Coralville" shall mean the City of Coralville, Iowa and, where appropriate, shall include its officers, employees and agents. SECTION 2. BASIC GRANT Coralville is hereby granted a license to construct, maintain, inspect, protect, rapair, replace and retain a wastewater effluent force main in, under, upon, along and across the public property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions hereina~er set forth. SECTION 3. INSTALLATION, REPAIR OF THE SANITARY SEWER IMPROVEMENTS. Before commencing initial installation or any major repair work in the City, Coralville shall file with the Public Works Department of the City a written statement verifying the public properly under which or upon which Coralville proposes to install or repair a wastewater effluent force main. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alley, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within a reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a public improvement or existing City-owned public utility system facility and refer the same back to Coratville for amendment. Any such review, approval or amendment shall remain subject to the provisions of Section 8 herein. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works 000300 2 Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing Coralville to proceed in accordance with the approved maps, plans or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for, unless it is an emergency as described in Section 5. All work performed by Coralville shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF SANITARY SEWER In the process of location, construction, reconstruction, replacement, or repair the wastewater effluent force main, the excavation or obstruction made or placed in public property at any time or for any purpose by Coralville shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, Coralville shall, at its own expense, repair or cause repair to any private property, public utility system component, public improvement, or public property damaged by such location, construction, reconstruction, replacement or repair work. If Coralville fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days' notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of Coralville. SECTION 5. EXCAVATIONS Coralville is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of the wastewater effluent force main. In making such excavations, Coralville shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) days' notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, Coralville may proceed with the work without first applying for or obtaining the permit, provided, however, that Coralville shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days, without prior City approval. Failure to Comply; Remedies. If Coralville fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by Coralville. Coralville shall pay the costs of such repair or restoration. Coralville shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS 000301 3 The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by Coralville, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to Coralville for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to Coralville's facilities. SECTION 7. CORALVILLE CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for Coralville under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The wastewater effluent force main erected by Coralville within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the other public utilities located in or upon public property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. Coralvilte shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. Coralville shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public property or public right-of-way by the City. In the event Coralville fails to act within a reasonably allocated time, the City may cause Coralville's facilities to be relocated, and the costs thereof shall be to Coralville and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Coralville's failure to act within a reasonable time shall be the responsibility of Coralville. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. Coralville shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Coralville shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains, or such minimum clearances required by the Iowa Department of Natural Resources. Upon request, Coralville agrees to assist in locating underground facilities which are part of its system. Such assistance will be 3rovided in a timely manner, but not more than forty-eight (48) OOO302 4 hours after the time of request. As a condition of this agreement Coralville shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement work completed by Coralville or any facilities requiring excavation of public property or public right-of-way shall require Coralville to restore and replace surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES Coralville shall notify the City, when facilities are to be abandoned. Coralville shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right-oF way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY Nothing in this agreement shall be construed to abddge the right or power of the City to make furlher regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Coralville and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, Coralville shall promptly furnish to the City copies of "as-builr' plans related to its facilities located on public property. Coralville shall keep complete and accurate maps and records of the locations and operations of its facilities. including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred, or that a violation of codes or ordinances lawfully regulating Coralville in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to Coralville of the default, and Coralville shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thidy (30) day period, and Coralville shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. 000303 5 If Coralville fails to cure a default within the time allowed, the City shall have the right to: i. seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to Coralville; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE Coralville covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. Coralville agrees to require contractors and subcontractors engaged in work for Coralville within the public rights-of-way or public property to maintain insurance coverage in comprehensive form and in the amounts to be set by the City, to maintain said coverage dudrig the term or their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by Coralville in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity'or legality, and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a courrs ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party, except either party shall have the right to assign, convey, or otherwise transfer its rights, title, interest and obligations under this agreement. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEY The City may terminate this Agreement at any time upon thirty (30) days' notice provided to Coralville, if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as CoraMIle exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which Coralville has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require Coralville to relocate its facilities as provdided in Section 8 hereof. 000304 SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 If to Coralville: Dan Holderness City Engineer th 1512 7 Street Coralville, IA 52241 Provided, however, that. in case of emergency, notices may be given verbally to the above- named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Goralville expense. THIS AGREEMENT is entered into as of the IqT"' day of 2000. CITY OF CORALVILLE, IOWA CITY OF IOWA CITY, IOWA Title: (72 6b ~o i" Title: Nayor CORPORATE SEAL City Attorney's O~ce - ~ .e~ .- COR ORR E S .E L oeo os CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this '7..L~ day of ~,,,~.~J,t,,' , A.D. 20 o~ , before me, ,Sor,4,,'~ie /-~,,H' , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by a.thor,ty of ,,s C,ty Co.nc,.; as ~:~,Ted,~.J~:it~,7/No. °0- -~ passed by ,he C,,y Council, on the 7~''~ , 2000, and that Ernest W. Lehman and Madan K. Karr acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ,5/9/~ 5 CITY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On t is ~,J:)?'~ day of ~f}~ , A.D. 2000, before me, ~ ,'/'O ,~E~T'E'I~ , a Notary Public in and for the State of Iowa, personally appe~red~Ji L. Fausett and Arlys Hannare, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by au,hor,,y of ,,s City 9o~/nc,,; a~:;:l,neX/; ~e,o,u,,on/No.~C~-.~ ~/passed by the C,ty Council, onthe /2&thick ,2000, andthat Jim L. Fausett and Artys Hannam acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. and for the State of Iowa My commission expires: 000306 Easement 7 WWTP IMPROVEMENTS PHASE 2 - FORCE MAIN CORALVILLE, IOWA Owners: City of Iowa City A license to construct and maintain a sanitary sewer over, under, across and through that property known as Brookland Park, Greenwood Drive and Myrtle Avenue, located within Section 16, Township 79 North, Range 6 West of the 5th P.M., now included in and forming a part of the City of Iowa City, Johnson County, Iowa. License Area Said license area being more particularly described in two segments as follows: Segment 1 All that part of a strip of land lying within the Grantor's property and being 20.00 feet in width lying 10.00 feet each side of the following described line or line extended: Commencing as a point of reference at the intersection of the West line of said Park and the Northeasterly right-of-way of the Iowa Interstate Railroad; thence South 47°23'47'' East, (all bearings referenced to Grid North Iowa State Plane Coordinate System), a distance of 25.00 feet, to the point of beginning; thence South 73°11 '26" East, a distance of 63.88 feet; thence South 54°14'52" East, a distance of 210.00 feet; thence South 49°55'55'' East, a distance of 100.00 feet; thence South 57°39'00" East, a distance of 140.00 feet; thence South 68°00'49" East, a distance of 164.25 feet, to the Southeasterly Northwesterly line of Greenwood Drive as it is now established. Containing 13,570 square feet, more or less. 28385 0-03-00 000307 -2- Segment 2 A strip of land being 20.00 feet in width lying 10.00 feet each side of the following described line or line extended: Commencing as a point of reference at the intersection of the North right-of-way line of Myrtle Avenue and the West line of the East 12.29 acres of Lot 2 of Section 16, Township 79 North, Range 7 West, of the 5Ih P.M., Johnson County, Iowa; thence North 88°54'38" East, (all bearings referenced to Grid North Iowa State Plane Coordinate System), a distance of 113.80 feet, along the North line of Myrtle Avenue, to the point of beginning; thence South 34°33'28" West, a distance of 70.70 feet; to the South right-of-way line of Myrtle Avenue. Containing 1,410 square feet, more or less. License Area - Temporary, for construction. Said temporary area being more particularly described as follows: Beginning at the intersection of the West line of said park and the northeasterly right-of-way of the Iowa Interstate Railroad; thence North 47°23'47'. East, (all bearings referenced to Grid North Iowa State Plane Coordinate System), a distance of 58.28 feet; thence South 54°14'52" East, a distance of 288.95 feet; thence South 49°55'55" East, a distance of 98.81 feet; thence South 57°39100" East, a distance of 133.67 feet; thence South 74°24'29" East, a distance of 133.73 feet, to the Northwesterly right-of-way of Greenwood Drive as it is now established; thence South 57°17'11" West, a distance of 105.48 feet, along said right-of-way; thence North 54°26'10" West, a distance of 68.47 feet; thence North 57°39'00'' West, a distance of 117.55 feet; thence North 49°55'55" West, a distance of 137.68 feet; thence North 54°14'52" West, a distance of 209.43 feet; thence South 41 °54'30" West, a distance of 12.90 feet, to the Northeasterly right-of-way of the Iowa Interstate Railroad as it is now established; thence North 47°23'47" West, a distance of 84.48 feet, along said right-of-way, to the point of beginning. Containing 25,930 square feet, more or less, exclusive of the above described license area. 000308 WEST LINE OF THE LICENSE AREA ~ ~_~N 88'54'38"E TEMPORARY WEST LINE OF CITY t~3.80' P.O.B. OF IOWA CITY PARK ~ 2 --N 47'2a'47"E I~YR~'LE AREA ~- ~ 73 ' ~ ~ ' 26 ' E 70' ~ 53.88' ~ ' ' ~ SEGMENT 2 ~ LICENSE AREA ~ ~4~0 SQ.FT .0~ ACRES 288.95' ~ ~ S ~7'2a'~7'E- BRO~A~N~ 25. O0' ~ ~ -- 54 '~4'52"E 0 P. O. 8. ~ '55 ' 55" SEGMENT ~ g8, 8 ~ ' LICENSE ~ ~ '5~ ' AREA ~2. gO ' ~ 57 '~9 ' O0 N 5~ '~ ~aa. 57' 20g, 4a ' s 4g '55' 55"E 7~ '2~ '29"E ~00.00' ~ ~aa. 7a' N ~7'2a'47"~ N ~g'55'55 NORTHEASTERLY LINE OF THE/~ IO~A INTERSTATE RAILROAD S 57 ']9 ' O0 'E ~40.00' N 57'ag'O0"~ ~7.55' S 68 '00' 4g"E '~' ~64.25' N 5~ '25' 58, ~7'  S 57'~7'~"~ PROPERTY OWNER ~05. CITY OF IOWA CITY LICENSE AREA TEMPORARY GRID NORTH IO~A STATE PLANE 25. g30 SQ.FT. COORDINATE SYSTEM .50 ACRES GRAPHIC SCALE ~"=~00' SEGMENT LICENSE AREA J ' 0 ~00 200 ~00 .28 ACRES ~ ~"'~' DWG. NO. ~ ~ LICENSE DRAWING _ E-7 /{/~ i 11-o7-o¢ 18 Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. RESOLUTION APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to operate and monitor the groundwater and surface water and prepare necessary quarterly, semi-annual, and annual water quality reports in accordance with state and federal regulations; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers 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 Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers 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. 2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this day of ,2000. MAYOR ATTEST: ,~,_~b~ //- ::;L - Z) b CITY CLERK City Attorney's Office PwengVes~ilandfill7.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of , , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and Howard R. Green Company , of Cedar Rapids, Iowa , hereinafter referred to as the CONSULTANT. WHEREAS, the City of Iowa City desires to secure the services of an engineering consulting firm to provide assistance in the implementation of the Hydrologic Monitoring System Plan and in the completion of routine annual services in order to remain in compliance with the Iowa Department of Natural Resources (IDNR) Landfill Permit requirements. NOW THEREFORE, it is agreed by and between theparties hereto that the CITY does now contract with the CONSULTANT to provide services as set forth herein. I. SCOPE OF SERVICES The CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. GROUNDWATER AND SURFACE WATER MONITORING 2001 ONLY The CONSULTANT will perform the following services: Complete the quarterly, semi-annual or annual sampling of thirty-four (34) landfill groundwater monitoring wells and six (6) surface monitoring points in accordance with the requirements of Special Provisions item No. 7 of Iowa City's Sanitary Landfill Operating Permit (No. 52-SDP-1- 72P), as amended on August 5, 1999. The monitoring wells and surface monitoring points to be included are: Upgradient wells numbers: MW-1E, MW-13B, MW-17C and MW-18D1. Downgradient wells numbers: MW-1A, MW-1 B, MW-2A-97, MW-2C-97, MW-2E-97, MW- 5B, MW-6B, MW-TB1, MW-7C, MW-7E, MW-8B, MW-11B, MW-11C, MW-11D, MW-11E, MW-12B, MW-12D, MW-14B, MW-15A, MW-16A, MW-17A-00, MW-17D, MW-17E, MW- 18C, MW-23A, MW-23D, MW-24A, MW-25A-00, MW-25C and MW-29A. Surface monitoring points: NT-1, SW-1, SW-2, SW-3, WT-1, and ST-1. In conjunction with the sampling effort, the CONSULTANT will complete necessary field sampling logs and will containerize, label, prepare for shipment and deliver all samples to the City of Iowa City Water Pollution Control Plant laboratory, or the TestAmerica, Inc. laboratory in Cedar Falls, Iowa, as directed. O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 1 of I 1 Howard R. Green Company CONSULTING ENGINEERS The CITY will be responsible for all costs associated with laboratory analyses of groundwater and surface water samples. Test results will be submitted to CONSULTANT within 30 days of field sampling to enable CONSULTANT to meet IDNR reporting requirements. Groundwater levels will also be measured and recorded quarterly for wells MW-4A, MW-9A and MW-10B. These results will be reported annually to IDNR as part of the AWQR. Training of City staff relative to sampling of the landfill groundwater monitoring wells and surface water points will be provided. Included will be: 1 ) Review and discussion with City staff of the IDNR regulations pertaining to sampling, laboratory analysis, reporting and recordkeeping, to include a review and discussion of the sampling and reporting requirements of the City's Sanitary LandfillOperating Permit (No. 52- SDP-1-72P), as amended on August 5, 1999. 2) Review and discussion with City staff of the 1999 Annual Water Quality Report (AWQR) and related historical data for the Iowa City Sanitary Landfill. 3) Review and discussion with City staff of the Revised Hydrologic System Monitoring Plan (Revised June 11, 1999). 4) Provide on-site sampling instructions to City staff for the spring, summer and fall 2001 sampling events, to include measurement of static groundwater level, purging of monitoring wells, sample container preparation and labeling, procuring and field filtering of samples, containerization and preparation of samples for shipment to the laboratory, and completion of necessary field sampling logs and records. GROUNDWATER AND SURFACE WATER-MONITORING in 2002 and 2003 - OPTIONAL The CONSULTANT will perform the following services: Complete the quarterly, semi-annual or annual sampling of thirty-four (34) landfill groundwater monitoring wells and six (6) surface monitoring points in accordance with the requirements of Special Provisions item No. 7 of Iowa City's Sanitary Landfill Operating Permit (No. 52-SDP-1- 72P), as amended on August 5, 1999. The monitoring wells and surface monitoring points to be included are: Upgradient wells numbers: MW-1E, MW-13B, MW-17C and MW-18D1. Downgradient wells numbers: MW-1A, MW-1 B, MW-2A-97, MW-2C-97, MW-2E-97, MW- 5B, MW-6B, MW-7B1, MW-7C, MW-7E, MW-SB, MW-11 B, MW-11 C, MW-11 D, MW-11 E, MW-12B, MWo12D, MW-14B, MW-15A, MW~16A, MW-17A-00, MW-17D, MW-17E, MW- 18C, MW-23A, MW-23D, MW-24A, MW-25A-00, MW-25C and MW-29A. Surface monitoring points: NT-1, SW-1, SW-2, SW-3, WT-1, and ST-1. O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 2 of 11 Howard R. Green Company CONSULTING ENGINEERS In conjunction with the sampling effort, the CONSULTANT will complete necessary field sampling logs and will containerize, label, prepare for shipment and deliver all samples to the City of Iowa City Water Pollution Control Plant laboratory, or the TestAmerica, Inc. laboratory in Cedar Falls, Iowa, as directed. Groundwater levels will also be measured and recorded quarterlyfor wells MW-4A, MW-9A and MW-10B. These results will be reported annually to IDNR as part of the AWQR. The CITY will be responsible for all costs associated with laboratory analyses of groundwater and surface water samples. Test results will be submitted to CONSULTANT within 30 days of field sampling to enable CONSULTANT to meet IDNR reporting requirements. GROUNDWATER AND SURFACE WATER MONITORING REPORTING - 2001, 2002 and 2003 The CONSULTANT will perform the following services: Following completion of each quarterly, semi-annual or annual sampling event, the CONSULTANT will review the analytical data and field measurements from each such sampling event and discuss with landfill representatives any findings that may negatively impact the landfill operation, and prepare a report within the required time discussing the latest results. This report will be submitted with the required IDNR forms to the IDNR office in Des Moines and the IDNR field office No. 6 in Washington, Iowa. ANNUAL WATER QUALITY REPORTS - 2001, 2002, and 2003 The CONSULTANT will perform the following services: Prepare an Annual Water Quality Report (AWQR) in November of each year that contains all sampling and testing data collected and approved for this site through Novemberof that year, that provides documentation of the statistical procedures utilized in the evaluation, and that will conform to the standards of [567] Iowa Administrative Code, Chapter 103.2(6) and (8). All results will be summarized in text form, with conclusions and recommendations. The actual statistical analyses output, including graphics and a digital output will be presented in an appendices. The completed report will be reviewed and discussed with CITY staff. The AWQRs will also address the requirements of the Monitoring Well Performance Reevaluation and Maintenance program, and will discuss monitoring well depths and monthly water levels. O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 3 of 11 Howard R. Green Company CONSULTING ENGINEERS ANNUAL LEACHATE CONTROL SYSTEM PERFORMANCE EVALUATION REPORT in 2001, 2002, and 2003 The CONSULTANT will pedorm the following services: Prepare a Leachate Control System Performance Evaluation (LCSPE) Report each year that summarizes all activities related to the leachate control system. The report will address the amount of leachate extracted, trends in leachate levels within the landfill compared to precipitation and trends in contamination in some monitoring wells. If cleanout of the leachate collection system becomes necessary, this report will describe the methods and results of the cleanout efforts. SEMI-ANNUAL LANDFILL INSPECTION AND REPORTING in 2001, 2002, and 2003 The CONSULTANT will perform the following services: Inspect the landfill and prepare a report during Spring and Fall of each year, for submittal to the IDNR office in Des Moines and the IDNR field office No. 6 in Washington, Iowa. The report will describe in detail the site's conformance or nonconformance with the 'permit and the approved plans and specifications. MONITORING WELL SLUG AND BAIL TESTING - 2002 ONLY As part of the monitoring well maintenance program, all wells in the groundwater monitoring system must be evaluated for their permeability every five years. The results must be reported to IDNR, either as a separate report or as part of the Annual Water Quality Report forthe year in which the test is performed. This effort will be accomplished in Fall 2002 and reported in the 2002 AWQR. The CONSULTANT will perform the following services: Slug and bail tests will be performed for each well. The permeability will be calculated from measurements obtained during these tests and graphically presented in the report. O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 4 of 11 Howard R. Green Company CONSULTING ENGINEERS LEACHATE HEAD LEVEL MEASUREMENTS - 2001 ONLY The CONSULTANT will perform the following services: On a monthly basis, measure and record the levels and elevations of leachate in all Iowa DNR- designated leachate piezometers and gas collection wells. Also, record monthly the volume of leachate collected and transported to the Iowa City Wastewater Treatment Facility. Monthly level and volume information will be summarized and reported to IDNR on an annual basis, as a part of the Leachate Control System Performance Evaluation (LCSPE) report. LEACHATE HEAD LEVEL MEASUREMENTS - in 2002 and 2003 - OPTIONAL The CONSULTANT will perform the following services: On a monthly basis, measure and record the levels and elevations of leachate in all Iowa DNR- designated leachate piezometers and gas collection wells. Also, record monthly the volume of leachate collected and transported to the Iowa City Wastewater Treatment Facility. Monthly level and volume information will be summarized and reported to IDNR on an annual basis, as a part of the Leachate Control System Performance Evaluation (LCSPE) report. SITE METHANE CONCENTRATION MONITORING - 2001 ONLY The CONSULTANT will perform the following services: On a quarterly basis, monitor site methane gas concentrations in accordance with Iowa Administrative Code (lAG) Subtitle [567], Chapter 103.2(15). Reporting of methane gas concentration monitoring will be to IDNR on a annual basis, as a part of the respective AWQR, by November 30th Of each year. SITE METHANE CONCENTRATION MONITORING In 2002 and 2003 - OPTIONAL The CONSULTANT will perform the following services: On a quarterly basis, monitor site methane gas concentrations in accordance with Iowa Administrative Code (IAC) Subtitle [567], Chapter 103.2(15). Reporting of methane gas concentration monitoring will be to IDNR on an annual basis, as a part of the respective AWQR, by November 30th Of each year. O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 5 of 11 Howard R. Green Company CONSULTING ENGINEERS TITLE V AIR EMISSIONS OPERATING PERMIT, EMISSIONS INVENTORY AND COMPLIANCE REPORT - 2001, 2002 AND 2003 The Iowa City Sanitary Landfill is required to submit to IDNR an emissions inventory report by March 31st of each year. This report is in direct response to the requirements of the landfiil's Title V Air Emissions Operating Permit, and is therefore separate from monitoring and reporting required by the IDNR-issued construction permit for the landfill gas collection and control system. Based on air emissions from the landfill, as identified by the annual emissions inventory report, the City is required to make an annual fee payment to IDNR. The associated fee payment is not included in the fee schedule for engineering services as identified in this Scope of Services. The CONSULTANT will perform the following services: 1. Complete the Emission Inventory documentation for presentation to and review by the City staff. 2. Prepare and submit to IDNR on the City's behalf, the annual Compliance and Monitoring Report. LANDFILL SITE TOPOGRAPHIC SURVEY -2001, 2002 AND 2003 The CONSULTANT will perform the following services: The base map for the Iowa City Sanitary landfill will be updated on a semi-annual basis. Aerial photography will be utilized for the spring mapping updates and GPS will be utilized for the fall mapping updates. The updated site topography maps will include the closed and active landfill cells and the soil cover borrow areas. This information will be used to provide bi-yearly reports of the rate of compaction, the cover dirt to refuse ratio, and the remaining airspace for the active cells. II. TIME OF COMPLETION The Consultant shall complete the Tasks in accordance with the schedule shown. Title V Annual emissions Report by March 31,2001 Updated Topo Map/Compaction Report by March 31, 2001 Spring 2001 Semi-Annual Inspection/Report by May 1, 2001 Spring 2001 Semi-Annual Sampling by May 30, 2001 Summer 2001 Quarterly Sampling by August 31, 2001 O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 6 of I 1 Howard R. Green Company CONSULTING ENGINEERS Updated Topo Map/Compaction Report by September 31, 2001 Fall 2001 Semi-Annual Inspection/Report by November 1, 2001 Fall 2001 Semi-Annual Sampling by November 30, 2001 Annual Water Quality Report 2001 by November 30, 2001 Annual Leachate Control System Performance Evaluation Report by November 30, 2001 Leachate Piezometer/Gas Collection Well Leachate Level Monitoring Monthly for 2001 Groundwater/Surface Water Sampling Event Reports Within 45 days from date of sampling Site Methane Concentration Monitoring Quarterly for 2001 Title V Annual Emissions Report by March 31, 2002 Updated Topo Map/Compaction Report by March 31, 2002 Spring 2002 Semi-Annual Inspection/Report by May 1, 2002 Spring 2002 Semi-Annual Sampling by May 30, 2002 (OPTIONAL) Updated Topo Map/Compaction Report by September 31, 2002 Fall 2002 Semi-Annual Inspection/Report by November 1, 2002 Fall 2002 Semi-Annual Sampling by November 30, 2002 (OPTIONAL) Annual Water Quality Report 2002 by November 30, 2002 Annual Leachate Control System Performance Evaluation Report by November 30, 2002 Monitoring Well In-Situ Tests and Report by November 30, 2002 Leachate Piezometer/Gas Collection Well Leachate Level Monitoring Monthly for 2002 (OPTIONAL) GroundwatedSurface Water Sampling Event Reports Within 45 days from dale of ~ampling Site Methane Concentration Monitoring Quarterly for 2002 (OPTIONAL) Title V Annual Emissions Report by March 31, 2003 Updated Topo Map/Compaction Report by March 31, 2003 Spring 2003 Semi-Annual Inspection/Report by May 1, 2003 Spring 2003 Semi-Annual Sampling by May 30, 2003 (OPTIONAL) Updated Topo Map/Compaction Report by September 31, 2003 Fall 2003 Semi-Annual Inspection/Report by November 1, 2003 Fall 2003 Semi-Annual Sampling by November 30, 2003 (OPTIONAL) Annual Water Quality Report 2003 by November 30, 2003 Annual Leachate Control System Performance Evaluation Report by November 30, 2003 Leachate Piezometer/Gas Collection Well Leachate Level Monitoring Monthly for 2003 (OPTIONAL) GroundwatedSurface Water Sampling Event Reports Within 45 days from date of sampling Site Methane Concentration Monitoring Quarterly for 2003 (OPTIONAL) O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 7 of 11 Howard R. Green Company CONSULTING ENGINEERS 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, creed, color, religion, sex, national origin, disability, age, martial status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the lump sum amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consulbnt shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 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 for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 8 of 11 Howard R. Green Company CONSULTING ENGINEERS J o 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. 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 Consultants own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. IV. COMPENSATION FOR SERVICES BASIC SERVICES Quarterly/Semi-Annual Groundwater/Sudace Water Sampling including training of City staff (2001 only) $ 18,600.00 Groundwater/Surface Water Sampling Event Report (Tevents) $ 15,700.00 Annual Water Quality Report (3 events) $ 30,000.00 Annual LCSPE Reports (3 events) $ 19,000.00 Semi-Annual Landfill Inspections/Reports (6 events) $ 8,000.00 Monitoring Well Slug Bail Testing (1 event) $ 9,600.00 Leachate Head Level Measurements (12 events-2001 only) $ 7,000.00 Site Methane Concentration Monitoring (4 events-2001 only) $ 1,400.00 Title V Air emission Inventory Reports (3 events) $ 23,600.00 Landfill Site Topographic Survey (6 events) $ 39,900.00 Total Compensation - Basic Services $172,800.00 OPTIONAL SERVICES 2002/2003 Semi-Annual Groundwater/Surface Water Sampling $ 21,130.00 2002/2003 Leachate Head Level Measurements (24 events) $ 14,500.00 2002/2003 Site Methane Concentration Monitoring (8 events) $ 2,900.00 O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 9 of 11 Howard R. Green Company CONSULTING ENGINEERS V. MISCELLANEOUS A. Insurance Requirements 1. Certificate of Insurance, Cancellation or Modification a. 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. b. 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. c. 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. 2. Minimum Coverage a. 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: Comprehensive General Liability Each Occurrence A.q.qrefiate (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 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 Workers' Compensation insurance as required by Chapter 85, Code of Iowa. Professional liability coverage minimum: $1,000,000.00. 3. Professional Coverage The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 10 of 11 Howard R. Green Company CONSULTING ENGINEERS 4. All provisions of he Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. 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 FOR THE CONSULTANT By: By: '7'IA~ Michael G. Daniel Title: Title: Chief Financial Officer Date: Date: ATTEST: Approved By jk--/-Z,~//-/-<x, City Attorney's Office O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 11 of I 1 Howard R. Green Company CONSULTING ENGINEERS Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. RESOLUTION APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Land,fill; and WHEREAS, professional engineering services are required to operate and monitor the landfill gas collection system and prepare necessary quarterly, semi-annual, and annual air quality reports in accordance with state and federal regulations; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers 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 Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers 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. 2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this day of ,2000. MAYOR ATTEST: ~Z-~''~y' ~ II - ?...~ 0 D CITY CLERK City Attorney's Office PwengVes~ilandfill6.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of , , by and between the City of Iowa City, a municipal corporation, hereina~er referred to as the CITY and Howard R. Green Company , of Cedar Rapids, Iowa , hereina~er referred to as the CONSULTANT. WHEREAS, the City of Iowa City desires to secure the services of an engineering consulting firm to provide assistance in the implementation of the monitoring and reporting for the landfill gas collection and control system, in order to remain in compliance with the Iowa Department of Natural Resources (IDNR) requirements. NOW THEREFORE, it is agreed by and between the parties hereto that he CITY does now contract with the CONSULTANT to provide services as set forth herein. I. SCOPE OF SERVICES The CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. GAS GENERATION FLOW RATE DETERMINATION - 2001, 2002 AND 2003 The CONSULTANT will perform the following services: Determine the maximum expected gas generation flow ratefrom the landfill, utilizing actual flow data from the system primary flow meter and in conjunction with the equations in Title 40, Code of Federal Regulations (40 CFR), Part 60.755(a)(1 ) i and ii. GAS COLLECTION SYSTEM MONITORING - 2001, 2002 AND 2003 The CONSULTANT will perform the following services: At each of the thirty-seven (37) gas collection system well heads and three (3) trench wells, measure and record on a monthly basis the gauge pressure in the gas collection header, the methane, carbon dioxide and oxygen concentration in the landfill gas and the temperature of the landfill gas. Approved USEPA methods will be used to analyze gases at the well heads. If any temperature measurement exceeds 550 C, if any gauge reading indicates a positive operating pressure or if any oxygen concentration measurement exceeds 5%, following any corrective action that may have been taken, the gauge pressure, temperature, and gas concentration measurements will be re-monitored within 15 days of the initial exceedence. O:\PROJ\723920\CONTRACT GAS 00 IC.DOC Page 1 of 9 Howard R. Green Company CONSULTING ENGINEERS LANDFILL SURFACE METHANE MONITORING - 2001, 2002 AND 2003 The CONSULTANT will perform the following services: On a quarterly basis, monitor and record the sudace concentrations of methane along the entire perimeter of the gas collection area, and along a pattern that traverses the collection area surface at thirty (30) meter intervals. Also, determine background methane concentration by monitoring upwind and downwind outside the landfill boundary at a distance of at least {hirty (30) meters from the nearest perimeter gas collection wells. If any surface concentration measurement at any location within the fill area is 500 parts per million (ppm) or more above background, the location will be re-monitored following any corrective action that may have been taken, and within 10 days of detecting the exceedence. If the re-monitoring at any location shows a second exceedence, the location will be re- monitored, again following any corrective action that may have been taken, and within 10 calendar days of the second exceedence. Any location that initially showed an exceedence but has a methane concentrationless than 500 ppm above background at either of the 1 O-day re-monitoring events noted above will be again re-monitored one (1) month from the initial exceedence. All surface monitoring and re-monitoring will utilize USEPA Test Method 21. GAS CONTROL SYSTEM MONITORING - 2001, 2002 AND 2003 The CONSULTANT will perform the following services: Verify monthly the satisfactory operation of the flare temperature sensing device and primary gas flow meter and confirm the integrity of the seal on the meter bypass valve. Document any gas flow that has bypassed the control flare. The CITY will timely advise the CONSULTANT of any failure or abnormal operation of the gas control system. O:\PROJ\723920\CONTRACT GAS 00 IC.DOC Page 2 of 9 Howard R. Green Company CONSULTING ENGINEERS GAS COLLECTION WELL HEAD CALIBRATION - 2001, 2002 AND 2003 The CONSULTANT will perform the following services: On a monthly basis, following regular monthly well head monitoring and quarterly landfill surface methane monitoring, and in the event of any re-monitoring required due to initial monitoring exceedences, perform calibration and balancing adjustments to the affected well head valving system(s). These adjustments will be made to accomplish additional gas collection by increasing vacuum at the well head, or to maintain the nitrogen and oxygen concentrations in the landfill gas within accepted levels of compliance. Between monthly well head monitoring events, the CITY will timely advise CONSULTANT of any damage, or of any observed abnormalities of the well heads or gas collection system. LANDFILL COVER INTEGRITY VERIFICATION - 2001, 2002 AND 2003 The CONSULTANT will perform the following services: On a quarterly basis, and in conjunction with the quarterly landfill surface monitoring program, perform a visual inspection of the landfill surface. In addition, note and advise landfill staffof the location and nature of problem areas, including depressions, sink holes or cracks in the cover and the presence of dead or stressed cover vegetation. Areas showing damage from equipment will also be noted. The CITY will provide all services to maintain the landfill cover, and to make any corrections or repairs as required and identified by the CONSULTANT's visual observations. GAS COLLECTION AND CONTROL SYSTEM REPORTING - 2001, 2002 AND 2003 The CONSULTANT will perform the following services: Submit to the Air Quality Bureau of IDNR an annual report illustrating: · A summary of gas collection well head monitoring results and the value and length of time of all exceedences of the parameters applicable to gas collection well head monitoring. · A record of monthly operation verification of the flare temperature sensing device and confirmation of the primary flow meter, along with a summary of daily flow meter readings. The CITY will maintain records of daily flow meter readings for use by the CONSULTANT for reporting purposes. O:\PROJ\723920\CONTRACT GAS 00 IC.DOC Page 3 of 9 Howard R. Green Company CONSULTING ENGINEERS · A description and duration of ;all periods when the gas stream is directed from the control device through a bypass line. · A description and duration of all periods when the control device was not operating for a period exceeding one (1) hour, and the actual length of time the device was not operating. · A listing of all periods of time when the gas collection system was not operating in excess of 5 days. · A listing of all surface locations at which there were exceedences of the 500 ppm limit where re-monitoring (second and/or third monitoring) was conducted, and the concentration value obtained from each monitoring and re-monitoring effort. · The location of each surface point at which the methane concentration m~surement exceeded 500 ppm, including the concentration of methane at each location for which an exceedence was recorded in the previous month. · A description of the specific corrective action taken in an effort to eliminate any gas collection well head measurement exceedences. · A description of the corrective action taken in an effort to eliminate any surface monitoring point measurement exceedences. · The date and description of any damages sustained and repairs made to the gas collection and control system, or of any system components that are replaced. · The date of installation and the location o.f each gas collection well or collection system expansion added, including installation, relocation or addition of trench wells. Submit to the Air Quality Bureau of IDNR a single report in conjunction with the initial IDNR monitored performance compliance test for the landfill gas collection and control system. This report will be submitted within 90 days after achieving maximum production rate, within 180 days from the date of initial startup of the system, and within 45 days of the completion of test period, and will contain: · The results of the initial IDNR monitored performance compliance test of the gas control (flare) system. · A diagram of the collection system showing collection system positioning including all wells, horizontal collectors, surface collectors, or other gas extraction devices, including the locations of any areas excluded from collection and the proposed sites for the future collection system expansion. · The data upon which the sufficient diversity of wells, horizontal collectors, surface collectors, or other gas extraction devices and the gas move equipment sizing are based. O:\PROJ\723920\CONTRACT GAS 00 IC.DOC Page 4 of 9 Howard R. Green Company CONSULTING ENGINEERS · The documentation of the presence of asbestos or non-degradable material for each area from which collection wells have been excluded based on the presence of asbestos or non-degradable material. · The sum of the gas generation flow rates for all areas from which collection wells have been excluded based on non-productivity and the calculations of gas generation flow rate for each excluded area. · The provisions for increasing gas mover equipment capacity with increased gas generation flow rate, if the present gas mover equipment is inadequate to move the maximum flow rate expected over the life of the landfill. · The provisions for the control of off-site gas migration. O:\PROJ\723920\CONTRACT GAS 00 IC.DOC Page 5 of 9 Howard R. Green Company CONSULTING ENGINEERS II. TIME OF COMPLETION The Consultant shall complete the Tasks in accordance with the schedule shown. Gas Generation Flow Role Determination December 15, 2001, 2002, 2003 Gas Collection System Monitoring Monthly for 2001,2002, 2003 Landfill Surface Methane Monitoring Quarterly for 2001, 2002, 2003 Gas Control System Monitoring Monthly for 2001, 2002, 2003 Gas Collection Well Head Calibration Monthly for 2001, 2002, 2003 Landfill Cover Integrity Verification Quarterly for 2001, 2002, 2003 Gas Collection & Control System Reporting Annually for 2001, 2002, 2003 III. GENERAL TERMS A. The Consultant shall not commit any of thefollowing 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, creed, color, religion, sex, national origin, disability, age, martial status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the lump sum amount listed in Section IV. The ~ity may terminate this Agreement upon seven (7) calendar days written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 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. O:\PROJ\723920\CONTRACT GAS O0 IC.DOC Page 6 of 9 Howard R. Green Company CONSULTING ENGINEERS 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 Agreementwithout 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. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. 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. 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 Consultants own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. IV. COMPENSATION FOR SERVICES Gas Collection Flow Rate Determinations (3 events) $ 2,850.00 Gas Collection System Monitoring (36 events) $ 48,900.00 Landfill Surface Methane Monitoring (12 events) $ 55,900.00 Gas Control System Monitoring (12 events) $ 2,900.00 Gas Collection Well Head Calibration (36 events) $ 18,200.00 Landfill Cover Integrity Verification (12 events) $ 1,200.00 Gas Collection and Control System Reporting (3 events) :$ 1 Total Compensation $147,950.00 O:\PROJ\723920\CONTRACT GAS 00 IC.DOC Page 7 of 9 Howard R. Green Company CONSULTING ENGINEERS V. MISCELLANEOUS A. Insurance Requirements 1. Certificate of Insurance, Cancellation or Modification a. 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. b. 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. c. 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. 2. Minimum Coverage a. 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: Comprehensive General Liability Each Occurrence AClfire.qate (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 Motor Vehicle Liability and Property Damage Insurance Per Person Per Accident (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000o00 Workers' Compensation insurance as required by Chapter 85, Code of Iowa. Professional liability coverage minimum: $1,000,000.00. 3. Professional Coverage The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. O:\PROJ\723920\CONTRACT GAS 00 IC.DOC Page 8 of 9 Howard R. Green Company CONSULTING ENGINEERS 4. All provisions of he Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. 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 FOR THE CONSULTANT By: By: ~4-fr~~ P ' ~ Michael G. Daniel Title: Title: Chief Financial Officer Date: Date: ~ /',- ATTEST: City .a,,^,ney~ Office O:\PROJ\723920\CONTRACT GAS 00 IC.DOC Page 9 of 9 Howard R. Green Company CONSULTING ENGINEERS -07 -0C 20 Prepared by: Terry Trueblood, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 3565110 RESOLUTION NO. 00-381. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER PARK CONCESSION AND RESTROOM FACILITY PROJECT. WHEREAS, Moore Construction Company of Iowa City, Iowa has submitted the lowest responsible bid of $175,900 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Moore Construction Company, 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 7t" day of November, 2000, CI~'~LERK City Attomey's Office It was moved by 0'Donne] ] and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ghampion X Kanner X Lehman X O'Donnell X Pfab x Vanderhoef X Wilbum parksrec/res/mercerconrr. doc ADVERTISEMENT FOR BIDS r~"O MERCER PARK CONCESSION AND RESTROOM FACILITY PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 1st day of November, 2000, or at a later date and/or time as determined by the Director of Parks & Recreation 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 Clerk 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 7th day of November, 2000, or at such later time and place as may be scheduled. The Project will involve the following: A 1700 SF building at the Mercer Park baseball and softball fields. The building will consist of a concession stand, public restrooms, a field office, and storage space. All work is to be done in strict compliance with the plans and specifications prepared by Neumann Mortson Architects, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a bid form included in the project manual 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 5% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Work under the proposed contract shall start upon issuance of the City's Notice to Proceed; all work is to be completed and all materials and equipment are to be placed in operation on or before the completion date noted on bid form by contractor, subject to any extension of time which may be granted by the City. All work should be completed by June 1, 2001. All storm sewer work shall be completed by December 22, 2000. 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 Neumann Monson Architects, 111 E. College Street Plaza, Iowa City, Iowa, by bona fide bidders. A $50.00 refundable deposit and a $5.00 non- refundable handling charge 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 Neumann Monson Architects. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all 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 9/99 ~ ~ -07-0C Prepared by Dale Helling, Asst. City Mgr., 410 E. Washington St., Iowa City, IA 52240, (319)356-5013 RESOLUTION NO. 00-382 RESOLUTION AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1999 Code of Iowa; and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units; and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibility and the Iowa City Library Board's administrative responsibilities for library service in Iowa City; and WHEREAS, procedures are necessary to make this coordination effective; and WHEREAS, the Iowa City Library Board of Trustees and the City Council of the City of Iowa City wish to enter into a joint agreement to coordinate negotiating procedures for purposes of collective bargaining, a copy of which agreement is attached to this resolution as "Exhibit A," and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign, and the City Clerk to attest, this resolution, and the attached joint agreement between the Iowa City Library Board of Trustees and the City Council of the City of Iowa City, Iowa, to coordinate negotiating procedures for purposes of collective bargaining. Passed and approved this 7th day of November ,2000. ~OR Approved by. // CIT~LE~~RK humanrel\unions~afscme\libres.doc Resolution No. 00-382 Page 2 It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn EXHIBIT A JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAIN- ING An agreement made and entered this 7th day of November ,2000, by and between the City Council of iowa City, Iowa, and the Board of Trustees of the Iowa City Public Library, Iowa City, Iowa. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1999 Code of Iowa, and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units, and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibility and the Iowa City Library Board's administrative responsibilities for library service in Iowa City, and WHEREAS, procedures are necessary to make this coordination effective. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. Both bodies will bargain in coordination with the duly appointed representatives of their respective employee organization. 2. The Library Board will designate the City Manager of Iowa City or his designee as the bargaining representative for the Iowa City Public Library Board of Trustees. 3. The Library Director or her designee will be a member of the negotiating team and shall represent the Iowa City Public Library Board of Trustees in issues of specific concern to library operations and/or library employees. 4. The Iowa City Public Library Board of Trustees will be notified of all executive sessions of the City Council of Iowa City called for the purpose of discussing contract negotiations. 5. Subsequent to any negotiated contract, the Library Director will be represented on any grievance committee formed as a condition of that contract. 6. This agreement shall cover the period from date of adoption through the contract covering' library employees which will begin July 1, 2001. President, ~ ' Date of Iowa City, owa Date hurnanrel\unions~afscrne\libagt.doc Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 00-383 RESOLUTION SUPPORTING THE EXPANSION OF THE IOWA BEVERAGE CONTAINER DEPOSIT LAW WHEREAS, the Beverage Container Deposit Law provides a financial incentive through the refundable deposit that has all but eliminated can and bottle litter in Iowa, and; WHEREAS, the Beverage Container Deposit Law funds itself through the nickel deposit and refund, and relies on no taxes or unfunded mandates to local governments, and; WHEREAS, through the Beverage Container Deposit Law, Iowans recycle more than 90% of containers compared to only 30% in states without such laws, and; WHEREAS, 55% of all beer and soda containers recovered in the United States are from the 10 deposit states, while the remaining 45% come from the 40 non-deposit states, and; WHEREAS, states with deposit laws also have a higher participation rate in residential recycling than do non-deposit states, and; WHEREAS, an independent survey by the University of Northern Iowa shows that 85% of Iowans support the deposit law, and 73% support expanding that law, and; WHEREAS, the Beverage Container Deposit Law has resulted in more than 140 redemption centers in Iowa, providing jobs and wages in the private sector, and has created jobs and self-sufficiency at sheltered workshops that employ persons with disabilities. NOW, THEREFORE, be it resolved that the City Council of Iowa City, Iowa supports the Beverage Container Deposit Law and encourages its expansion to include: a. Creation of the Robert D. Ray Beautiful Land Fund to support local and state litter and recycling initiatives; b. The addition of deposits on containers of tea, water, fruit and vegetable drinks, sports drinks, and other non-carbonated beverages excluding milk; c. Increasing the handling fee per container from 1 cent to 2 cents; do Requiring all beverage containers sold in Iowa to have a minimum post-consumer recycled content of 25% by weight. Be it further resolved that the City Council encourages all residents to return or recycle all beverage containers and other recyclable materials and to fully utilize the City's curbside recycling program. Resolution No. 00-383 Page 2 Passed and approved this 7f.h day of November' , 2000. MAYOR CI K City Attorney's Office mgr/res/BCDUdoc Resolution No. 00-383 Page 3 It was moved by 0'Donnel 1 and seconded by W i ] burn 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