HomeMy WebLinkAbout2001-03-20 Resolution I
03-20-01
3c(i )(m
RESOLUTION NO. 01-61
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:
First Avenue Club 1550 S. First Avenue
It was moved by Champion and seconded by Vanderhoef that the Resolution
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
]( ' Pfab
X __ Vanderhoef
X Wilburn
Passed and approved this 20th day of March ,20 01 .
.~dby
CI City Attorney's Office
clerk\res\danceprm.doc
03-20-0t
3e(1)
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 01-62
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE
PROPERTY LOCATED AT 53'1 CENTER STREET, IOWA CITY, IOWA.
WHEREAS, on June 29, 1999, the owners of 531 Center Street executed a conditional
occupancy Mortgage through the City's Housing Rehabilitation Program for the amount of
$3,220; and
WHEREAS, on June 29, 1999, the owners also executed a five-year declining balance
Mortgage through the City's Housing Rehabilitation Program for the amount of $4,830; and
WHEREAS, the loans were paid off on March 1, 2001; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 531
Center Street, Iowa City, Iowa from a Mortgage recorded on July 8, 1999, Book 2779, Page 28
through Page 32 and from a Mortgage recorded on July 8, 1999, Book 2779, Page 33 through
Page 39 of the Johnson County Recorder's Office.
Passed and approved this 20th day of March ,20 ~l .
CI'I~Kj C~ty Attorne~
It was moved by Champion and seconded by Vandet'hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
× Pfab
× Vanderhoef
× Wilburn
Prepared by: Liz Osbome, PCD, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 531 Center Street, Iowa City, Iowa,
and legally described as follows:
Lot 6, Block 5, Woods Addition to Iowa City, Iowa, according to the recorded plat
thereof, subject to easements and restrictions of record
from an obligation of the owners, Sandra K, and Arthur P. Fluaitt, to the City of Iowa City in the
total amount of $8,050 represented by a Mortgage, recorded on July 8, 1999, Book 2779, Page
28 through Page 32 and a Mortgage, recorded on July 8, 1999, Book 2779, Page 33 through
Page 39 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
MAYOR
Approved by
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this .~o day of /V'tA~cH , A.D. 20 <bt , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. t>l-/-a, adopted by the City Council on the ~(P day o~c/Vlrz, rrL~
,20 o/ and that the said Ernest W. Lehman and Madan K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Repared by: John Yapp, Associate Ptannef, 410 E. Washington St., Iowa City, IA 62240 (319l 356-5247
RESOLUTION NO. 01-63
RESOLUTION APPROVING THE EXTRATERRITORIAL RNAL PLAT OF PRAIRIE VIEW ESTATES,
PART FOUR, IOWA CITY, IOWA.
WHEREAS, the owner, ThomBs Wegman, filed with the City Clerk the final plat of Prairie View
Estates, Part 4, 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 SOUTHEASTERLY CORNER OF LOT ~14 OF PRAIRIE VIE~N ESTATES, PART
THREE, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 31, AT PAGE 3 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE S01=62'41"E, 816.42 FEET ALONG THE EAST UNE OF LOT 25 OF PRAIRIE VIEW
ESTATES, PART ONE, IN ACCORDANCE WITH THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
24, AT PAGE 68 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE ROUTE No 80; THENCE N86°13'38"W
ALONG SAID RIGHT-OF*WAY UNE 745.91 FEET; THENCE N88"01'46"W, ALONG SAID RIGHT-OF-
WAY LINE 287.04 FEET, TO THE SOUTHEASTERLY CORNER OF LOT 14 OF SAID PRAIRIE VIEW
ESTATES PART ONE; THENCE N4Eo29'38"W, ALONG THE EASTERLY UNE OF SAID LOT 14,
337.40 FEET; THENCE N81°49'42"W, ALONG THE NORTHERLY LINE OF SAID LOT 14, A
DISTANCE OF 100.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY UNE OF BANBURY
CIRCLE; THENCE NORTHWESTERLY 59.53 FEET, ALONG SAID RIGHT-OF-WAY ON A 50.00 FOOT
RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 56.08 FOOT CHORD BEARS N2E=66'07"W,
TO THE SOUTHEASTERLY CORNER OF LOT 15 OF SAID PRAIRIE VIEW ESTATES, PART ONE;
THENCE NO1 °68'14"E, ALONG THE EASTERLY LINE OF SAID LOT 15, A DISTANCE OF 281.52 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY UNE OF KYLE DRIVE; THENCE S88=01'46"E,
ALONG THE SOUTHERLY RIGHT-OF-WAY UNE OF KYLE DRIVE, 35.00 FEET; THENCE NO1 =58'14'E,
ALONG THE EASTERLY LINE OF LOT 16 OF SAID PRAIRIE VIEW ESTATES, PART ONE, AND THE
SOUTHERLY PROJECTION THEREOF, 331.99 FEET TO A POINT ON THE SOUTHERLY UNE OF LOT
30 OF PRAIRIE VIEW ESTATES, PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 30, AT PAGE 9 OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N81 ~47'09"E, ALONG THE SOUTHERLY LINE OF SAID PRAIRIE VIEW
ESTATES PART TWO, 265.00 FEET TO THE SOUTHEASTERLY CORNER OF LOT 31 OF SAID
PRAIRIE VIEW ESTATES, PART TWO; THENCE N11 =29'58"E, ALONG THE EASTERLY LINE OF SAID
PRAIRIE VIEW ESTATES. PART TWO, A DISTANCE OF 260.67 FEET, TO THE SOUTHWESTERLY
CORNER OF LOT 48 OF SAID PRAIRIE VIEW ESTATES, PART THREE; THENCE S89°53'58'E, ALONG
THE SOUTHERLY LINE OF SAID PRAIRIE VIEW ESTATES, PART THREE, A DISTANCE OF 353.08
FEET, TO THE SOUTHWESTERLY CORNER OF LOT 46 OF SAID PRAIRIE VIEW, PART THREE;
THENCE S44~53'58"E, ALONG THE SOUTHERLY LINE OF SAID PRAIRIE VIEW ESTATES, PART
THREE, A DISTANCE OF 245,00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
SUSSEX LANE; THENCE N45~'06'02"E, ALONG SAID EASTERLY RIGHT-OF-WAY UNE, 70.00 FEET
TO THE SOUTHWESTERLY CORNER OF LOT 45 OF SAID PRAIRIE VIEW ESTATES, PART THREE;
THENCE S44=53'58"E, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 45, A DISTANCE OF
294.00 FEET, TO A POINT ON THE WESTERLY LINE OF LOT 44 OF SAID PRAIRIE VIEW ESTATES,
PART THREE; THENCE St7~'32'O7"W, ALONG SAID WESTERLY UNE, 131.86 FEET; THENCE
N88~'07'19"E, ALONG THE SOUTHERLY UNE OF SAID 44, A DISTANCE OF 255.00 FEET TO THE
SOUTHEASTERLY CORNER OF SAID LOT 44 AND THE POINT OF BEGINNING. SAID TRACT OF
LAND CONTAINS 30.86 ACRES. MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD. 0 0 07 ~.9
~Resolueon No. Ill
Page 2
WHEREAS, the Department of Banning and Community Development and the Public Works
Department examined the proposed f'mal plat and subdivision, and recommended approval; and
WHEREAS, the Banning end Zoning Commission examined the final plat end tubdivision and
recommended that aald final plat and subdivision be accepted and approved; and
WHEREAS, e dedication has been made to the public, and the tubdivlslon has been made with the
free consent and In accordance With the desires of the ownam and proprietors; and
WHEREAS, said final plat end aubdiv'mlon are found to tonform with Chapter 354, Code of Iowa
(1999) and all other state and loci requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The said final plat end subdivision located on the above-described reel estate be and the
tame are hereby epproved.
2. The C'Ky accepts the conditional dedication of the streets and easements as provided by
agroement and law.
3. The Mayor end City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute ell legal documents relating to said
tubdivision, and to certify a copy of this resolution, which shell 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
ownerlsubdivider.
Passed and epprpved this · 20th day of Hatch ,2001.
CORPORATE SEAL
Approved by
IT /
It was moved by Vande~'hoef end seconded by 0'Donnell the Resolution be
adopted, and upon roll cell ttmre were:
AYES: NAYS: ABSENT:
I . Champion
X __ Kanner
X Lehman
X Ol:)onnell
X Pfab
¥ Vanderhoef
X __ Wllbum
"" "*'" OOO720
STAFF REPORT
To: Planning &Zoning Commission Prepared by: John Yapp
Item: SUB01-0001, Prairie View Estates Part IV Date: February 15, 2001
GENERAL INFORMATION:
Applicant: Thomas Wegman
1007 Kyle Drive NE
Iowa City, IA 52240
Ph. 338-6570
Applicant's Engineer: MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
Ph. 351-8282
Requested Action: Final plat approval
Purpose: To create a 21-1ot residential subdivision with
two outlots
Location: Nodh of Interstate 80 and east of Prairie du
Chien Road
Size: 30.86 acres
Existing Land Use and Zoning: Undeveloped
Surrounding Land Use and Zoning: North: Agricultural, Residential; RS
East: Agricultural; RS
South: Interstate 80
West: Residential; RS
Comprehensive Plan: This property is in Fringe Area A. Since this
property was zoned RS prior to the adoption of
the Fringe Area Agreement, the clustering
requirements for Area A do not apply.
Applicable code requirements: Chapter 14-7, Land Subdivisions
File Date: January 31, 2001
45-day Limitation Period: March 17, 2001
60-day Limitation Period: April 1, 2001
BACKGROUND INFORMATION:
Thomas Wegman is requesting final plat approval of Prairie View Estates Part IV, a 21-1ot residential
subdivision with two outlots located north of Interstate 80 and east of Prairie du Chien Road. The preliminary
plat was approved in December of 2000.
2
Consistency with Preliminary Plat
The proposed final plat is consistent with the approved preliminary plat. The plat consists of 21 residential lots
of between 1.0 and 1.6 acres in size, conforming with the 40,000 square foot minimum lot size requirement in
the County RS zone. Kyle Drive serves as the primary access to the development, and is planned to continue to
the property to the east in the future, along with Devon Drive.
Joint Staff: Did we decide to let Kyle Drive be at a '12% grade, assuming that Devon Drive would
become the main collector street in the future? Kyle Drive is shown at a 12% grade on the
approved preliminary plat.
Secondary Access
A major issue with Parts II and Ill of this development was secondary access. Secondary access is important in
residential areas in order to reduce dependence on a single means of access, particularly for emergency, utility,
and other public service vehicles. Providing more than one means of access helps to ensure accessibility, and
reduces the traffic impact on any one street. Currently, Kyle Drive is the sole means of access to Prairie View
Estates.
Approval of the preliminary plat was conditioned on the improvements of Syril Street to provide a second
means of access to this neighborhood. To assure that the improvements necessary to achieve secondary
access are completed in a timely manner, the preliminary plat was approved subject to Sydl Street being
improved and upgraded to Prairie du Chien road prior to any building permits being issued for lots in Part iV of
Prairie View Estates. This requirement will be carried forward in the legal papers for this subdivision, and the
design of the Syril Street upgrade will need to be approved as part of the approval of construction plans for
Prairie View Estates Part ~V.
Storm Water Management
Storm water management detention basins for the entire development were anticipated with the approval of
Part I of Prairie View Estates. Storm water management easements were secured through Parts I and II. These
basins are adequate to provide storm water management for the proposed development.
Water Distribution and Wastewater Treatment
The Johnson County Department of Public Health has reviewed and accepted the proposed septic field and
well locations. A well easement and septic field setback requirements are identified on the final plat.
STAFF RECOMMENDATIONS:
Staff recommends that SUB01-0001, a request for final plat approval of Prairie View Estates Part IV, a 30.86
acre, 21-1ot residential subdivision with two outlots be appmved, subject to approval of legal papers and
construction plans prior to City Council consideration.
DEFICIENCIES AND DISCREPANCIES:
To be identified.
ATTACHMENTS:
1. Location map
2. Final Plat
Approved by:
Robert Miklo, Senior Planner
Department of Planning and community Development ppdadmin~sffrep~sub01-0o01 .doc
CITY OF IOWA CITY
~ .D-ORP OR
RR 1 RR 1
RS 5
RS 5 P ID -RS
SITE LOCATION: North of 1-80 & east of Prairie du Chien RoadSUB01-00001
Prepared by: Kevin L. Doyle, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5253
RESOLUTION NO, 01-64
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR FY2002 IOWA DOT STATE
TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION
FUNDING.
WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public
transportation system; and
WHEREAS, the Iowa Department of Transportation offers financial assistance to local
governmental units for their public transportation systems; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That we, hereby, authorize Stephen J. Atkins, City Manager, on behalf of the City of Iowa City, to
apply for financial assistance as noted below and to enter into related contract(s) with the Iowa
Department of Transportation.
From the State Transit Assistance Program:
3.032093% (approximately $332,621 ) of Formula Funds
From state-wide federal capital assistance for transit:
$ 9,906,697
We understand acceptance of federal transit assistance involves an agreement to comply with
certain labor protection provisions.
We certify that the City of Iowa City has sufficient non-federal funds to provide required local
match for capital projects and at tjme of delivery will have the funds to operate and maintain
vehicles and equipment purchased under this project.
We request the State Transit Assistance formula funding be advanced monthly as allowed by law,
to improve transit system cash flow.
Passed and approved this 20th day of~'>~j.. ,200_./~1~/~.... v,,.--__
City of Iov;a C~ty
Approved by
Jccogtp~sta~staresic.doc
Resolution No. 01-64
Page 2
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
03-20-01
Prepared by: Ron Knoche, Sr. Civil Engineer, Public Works. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 01-65
RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD
IMPROVEMENTS - MELROSE AVENUE TO THE IOWA INTERSTATE
RAILROAD BRIDGE IMPROVEMENTS PROJECT, STP-U-3715(618)--70-52,
AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS.
WHEREAS, this project consists of reconstruction Mormon Trek Boulevard from south of Melrase
Avenue north to the Iowa Interstate Railroad Bridge; and
WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and
WHEREAS, bids will be accepted on April 3, 2001, at 9:00 a.m., Ames, Iowa at the Department of
' Transportation; and
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. and estimate of cost for the above-named project are hereby
approved.
2. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids to
be let by the IDOT, for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city.
Passed and approved this 20th day of Hat' h , . __
Approved by
A'I'FEST:/'3~z/,~_,~,,,¢,,' W'- ~F----~4,~-2 ,/~~
CILf~LERK
City Attomey's Office
pweng~res~normonttk2.doc 2/01
Resolution No. 01-65
Page 2
It was moved by Vanderhoef and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: /M3SENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Fv~ j~) 03-20-01
Prepared by: Ron Knoche, Sr. Civil Engineer, Public Wod~s, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 01-66
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
SOUTH SYCAMORE REGIONAL GREENSPACE AND STORMWATER
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 10m day of April, 2001,
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
Councit of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be
th
held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 17 day
of Apdl, 2001, 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 20th day of March ,20 O1
Resolution No. 01-66
Page 2
It was moved by Wilburn and seconded by Vanderhoef the Resolution be
adopted, and upon roll coil them were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
I 03-20-01
11
Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252
RESOLUTION NO. 01-67
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE
IOWA DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF
VIDEO TRAFFIC SIGNAL DETECTION EQUIPMENT ON U.S. HIGHWAY 6
BETWEEN GILBERT STREET AND FAIRMEADOWS BOULEVARD.
WHEREAS, U.S. Highway 6 through Iowa City is under the iurisdiction of the iowa Department of
Transportation; and
WHEREAS, U.S Highway 6 through Iowa City contains seven intersections controlled by traffic
signals between Gilbert Street and Fairmeadows Boulevard which are maintained by the City of
Iowa City; and
WHEREAS, said traffic signals have developed maintenance problems necessitating the
installation of video traffic signal detection equipment; and
WHEREAS, the Iowa Department of Transportation will make funding available through the
Urban-State Traffic Engineering Program for 55% of the project cost of installing video traffic
signal detection equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Mayor is hereby authorized to sign and the City Clerk to attest Agreement 01-USTEP-10
with the Iowa Department of Transportation for the installation of video traffic signal detection
equipment on U.S. Highway 6 between Gilbert Street and Fairmeadows Boulevard.
2. City of Iowa City representatives are authorized to file all necessary administrative paperwork
in conjunction with the receipt of funds under the U-STEP grant.
Passed and approved this 20th day of March ,20 Ill
Approved by
' ' , ~ ~ ~c~e i' -/f-e/
A'R'EST:CiT~E~KK ~ ~4,4_,/ ,
City Attorney's
It was moved by Vanderhoef and seconded by (~'Donne] '1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
~ Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Agreement No: 01-USTEP-10
Page 2
In consideration of the foregoing and the mutual promises contained in this agreement, the
parties agree as follows:
1. The CITY shall be the lead local governmental agency for carrying out the provisions of
this agreement and shall be responsible for the development and completion of the U-
STEP project.
2. All notices required under this agreement shall be made in writing to the DEPARTMENT
and the CITY's contact person. The DEPARTMENT's contact person shall be the
District 6 Local Systems Engineer. The CITY's contact person shall be the City
Engineer, Public Works Director, or a Consulting Engineer hired by the CITY for a
particular project..
3. The estimated total of eligible construction and right-of-way cost for this project is
$161,403. If, upon completion of final plans, the cost estimate exceeds the preliminary
total estimate contained herein by 20 percent or more, the increased cost must be
approved by the DEPARTMENT prior to contract letting or the extra work must be
approved before the beginning of construction.
4. The attached Standard U-STEP Exhibit and Exhibit A will apply and is hereby made a
part of this Agreement.
January 2001
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
URBAN-STATE TRAFFIC ENGINEERING PROGRAM
(U-STEP) PROJECT
CITY: Iowa City
PROJECT NO: UST-6-7(60)--4A-52
Iowa Department of Transportation
AGREEMENT NO: 01 -U STEP - 10
STAFF ACTION NO: 10717
This is an agreement between the city of Iowa City, (hereinafter called CITY) and the Iowa
Department of Transportation (hereinafier called DEPARTMENT) to enter into an agreement for
joint or cooperative action after appropriate action by ordinance, resolution, or otherwise
pursuant to the laws of the governing bodies involved.
The DEPARTMENT provides funds through the Urban-State Traffic Engineering Program (U-
STEP), a cooperative program for safety or operational improvements on primary road
extensions. The DEPARTMENT has made these funds available for reimbursement and will
share eligible construction and right-of-way costs in the ratio of 55 percent DEPARTMENT
funds and 45 percent local funds, up to a maximam amount in DEPARTMENT funds of
$200,000 for a "spot improvement" or $400,000 for a "linear improvement".
A "spot improvement" shall mean a limited improvement project such as intersection
reconstruction or signalization; and a "linear improvement" shall mean an improvement project
such as street or highway widening or reconstruction which spans two or more intersections.
The CITY proposes to develop and complete the following described U-STEP project:
Linear Improvement:
To install video traffic signal detection equipment on U.S. Highway 6 between Gilbert Street and
Fairmeadows Boulevard.
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the
DEPARTMENT agrees to provide U-STEP funding to the CITY for the authorized and approved
costs for eligible items associated with project improvements as described above.
Agreement No.: 01-USTEP-10
Page 3
1N WITNESS WHEREOF, each of the parties hereto has executed Agreement Number
01 -USTEP-10 as of the date shown opposite its signature below.
City: I ' (fl)4p~
Byi~~). Date March 20 , ~
Title Mayor
I, Marjan K. Karr , certify that I am the Clerk of the CITY,
and that Ernest W. Lehman , who signed said Agreement for and on
behalf of the CITY was duly authorized to execute the same by virtue of a formal
Resolution duly passed and adopted by the CITY, on the 20th day of
March , 2001.
City Clerk of Iowa City, Iowa Approved By
City Attorneys Office
IOVqA DEPAP,.TM ENT OF TRANSPORTATION
ttighway Division
By ~-4- if" qfr'~ Date ,fi "" ~/~ ,2,. ~' , 2.
Roger Walton, P.E.
Local Systems Engineer
District6
January 2001
U-STEP
EXHIBIT
Standard Provisions for Project Agreement
1. The CITY shall comply with all provisions of the equal ~mployment opportunity
requirements prohibiting discrimination and requiring affirmative action to assure equal
employment opportunity as required by the Iowa Code Chapter 216. No person shall, on the
grounds of race, creed, color, sex, age, religion, national origin, or handicap/disability, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the CITY receives state funds from
the DEPARTMENT.
2. The CITY shall use positive efforts to solicit bids from and to utilize Targeted Small Business
(TSB) enterprises as contractors and ensure that the contractors make positive efforts to
utilize these enterprises as subcontractors, suppliers or participants in the work covered by
this agreement. Efforts shall be made and documented in accordance with Exhibit A which is
attached hereto and by this reference is made a part of this agreement.
3. The CITY shall obtain agreements, as needed, from railroad and utility companies and shall
obtain project permits and approvals, when necessary, from the Iowa Department of Cultural
Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa
Department of Natural Resources, U.S. Coast Guard, U.S, Army Corps of Engineers and the
DEPARTMENT, etc.
4. The DEPARTMENT will share, as stated in the agreement, for the costs of construction of
longitudinal and outlet storm sewers made necessary by highway construction in the
proportion that the street right-of-way of the primary road extension bears to the total
drainage area to be served by the proposed sewers. The CITY shall be responsible for the
remaining portion of storm sewer costs not paid for by the DEPARTMENT.
5. If right of way must be acquired for the project, the CITY shall negotiate and secure the
necessary right of way using the most appropriate of the following methods:
a. When right of way is to be acquired, before acquisition procedures are begun, the
CITY shall meet the staff from the DEPARTMENT's Office of Right of Way (ROW)
to assure compliance with the U.S.Code, the Iowa Code, and 761 Iowa Administrative
Code (IAC) Chapter 111; and determine what areas, if any, are to be acquired in the
name of the DEPARTMENT and what areas, if any, in the name of the CITY.
b. The CITY must certify no later than 10 weeks prior to the letting that the CITY has
acquired possession of all required right of way. Should eminent domain proceedings
be required, the CITY will condemn or appeal in the name of the CITY or the
DEPARTMENT, whichever applies. The project letting may not be held until the
CITY has certified that the right of way has been acquired.
U-STEP Exhibit
Page 2
c. The CITY will meet with the DEPARTMENT's staff (ROW Office) to determine who
shall be responsible for demolition and/or property management functions.
d. The CITY as well as its contractors, if any, agree to maintain all books, documents,
papers, accounting records and other evidence pertaining to all costs incurred under
this Agreement and to make such materials available at their respective offices at all
reasonable times during the Agreement period and for three years from the date of the
final payment under the Agreement, for inspection by the DEPARTMENT or Federal
Highway Administration (FHWA). Upon completion of the acquisition for each
parcel, all original documents for said acquisition shall be delivered to and become the
property of the DEPARTMENT.
e. In accordance with 761 Iowa Administrative Code(IAC) Section 150.3(1)(b), the
CITY will be responsible for providing, without cost to the DEPARMENT or the
project, all right of way which involves dedicated streets or alleys, and other city-
owned lands, easements and rights in land except park lands, subject to the condition
that the DEPARTMENT will reimburse the CITY for the value of improvements
situated on said city-owned lands if any. The CITY has apprised itself of the value of
these lands, and, as a portion of its participation in the project, voluntarily agrees to
make such lands available without further compensation.
6. The CiTY will prepare and furnish to the DEPARTMENT for review the necessary project
plans, specifications, and an estimate of cost for the proposed construction project. Traffic
signals shall conform to the Manual on Uniform Traffic Control Devices for Streets and
Highways (MUTCD).
7. Upon DEPARTMENT acceptance of final plans, proposal forms, specifications and cost
estimate, the DEPARTMENT will give the CITY written notice to proceed with the project.
For the portion of the project under contract by public letting, the CITY shall advertise for
bidders, hold a public letting, and provide adequate supervision for the construction work
performed under the contract. The CITY shall submit the letting documents to the
DEPARTMENT for concurrence prior to formal action in the award of the contract.
8. The project must be let to contract within two (2) years of the date this agreement is approved
by the DEPARTMENT. If not, the CITY may be in default, for which the DEPARTMENT
may revoke funding commitments. This agreement may be extended for a period of six (6)
months upon receipt of a written request from the CITY at least thirty (30) days prior to the
two (2) year deadline.
'U-STEP Exhibit
Page 3
9. The CITY will be responsible for the costs of the construction. Acceptance of the completed
construction shall be with the concurrence of the DEPARTMENT. The CITY shall prepare
and submit to the DEPARTMENT a detailed billing statement of materials, installation, and
construction costs incurred by the CITY. Design, inspection, and administration costs will be
borne by the CITY. If said statement and documentation is in proper form, the
DEPARTMENT will promptly reimburse the CITY in the amount of 55 percent of the
eligible costs of the project, taking into account the limitations as stated in the agreement.
10 . Signs and other traffic control devices necessary for construction of the project shall be in
accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways"
(MUTCD) per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general
public shall be assured through the use of proper protective measures and devices such as
fences, barricades, signs, flood lighting, and warning lights as necessary.
1 I. Parking shall be prohibited on the minor street approaches for a distance of 35 ft. in advance
of the stop signs and/or crosswalks and on the exit sides of the minor streets for a distance of
35 ft. beyond the stop signs and/or crosswalks which shall go into effect at such time as the
project is completed and opened to through traffic.
12. Upon completion of the project, the CITY will certify that the project was completed in
substantial compliance with the plans and specifications set out in this agreement before
receiving final reimbursement of DEPARTMENT funds.
13. The CITY shall provide to the DEPARTMENT three (3) copies of the "as-built" project
plans, within six (6) months after the project is built.
14. The CITY shall have ownership of traffic signals constructed with this project and shall
operate them at its expense so long as signal protection is considered by either party as
necessary at said location. If considered by both parties as no longer necessary at said
location, the signals are to be removed by the CITY at the CITY's expense, and may be
installed at another location acceptable to both parties and thereafter shall be owned and
operated at the expense of the CITY.
15. Periodic billing statements may be submitted by the CITY during progress of the work. The
DEPARTMENT will review these statements and make recommendations as to their
payments. Payments will be made in accord with Paragraph 9 above.
16. The RECIPIENT shall submit a final detailed billing statement to the DEPARTMENT no
later than one (1) year after the date the DEPARTMENT concurs in the acceptance of the
completed construction. If a final detailed billing statement is not submitted to the
DEPARTMENT by the CITY in the one (1) year period, the DEPARTMENT will close the
pro.~ect's financial records without making additional reimbursement to the CITY unless a
time extension is requested. The time extension should be requested in writing by the CITY
and approved by the DEPARTMENT, at least thirty (30) days prior to the one (1) year
deadline.
U-STEP Exhibit
Page 4
17. The CITY agrees to indemnify, defend and to hold the DEPARTMENT harmless from any
action or liability arising out of the design, construction, maintenance, placement of traffic
control devices, inspection or use of this project. This agreement to indemnify, defend and
hold harmless applies to all aspects of the DEPARTMENT's application review and approval
process, plan and construction reviews, and funding participation.
18. If any part of this agreement is found to be void and unenforceable, then the remaining
provisions of this agreement shall remain in effect.
19. This agreement is not assignable without the prior written consent of the DEPARTMENT.
20. In case of dispute concerning the terms of this agreement, the parties shall submit the matter
to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the
matter to arbitration after ten (10) days notice to the other party of their intent to seek
arbitration. The written notice must include a precise statement of the dispute. The
DEPARTMENT and the CITY agree to be bound by the decision of the appointed arbitrator.
Neither party may seek any remedy with the state or federal courts absent exhaustion of the
provisions of this paragraph for arbitration.
21. This agreement, as set forth in items 1 through 4 and paragraphs 1 through 21 of the
U-STEP EXHIBIT and EXHIBIT A, constitutes the entire agreement between the
DEPARTMENT and the CITY. No representations, promises, or warranties have been made
by either party that are not fully expressed in this agreement. Any change or alteration to the
terms of this agreement must be made in the form of an addendum to this agreement which
shall be effective only upon written approval of the DEPARTMENT and the CITY.
March 1999
EXHIBIT A
UTILIZATION
OF
TARGETED SMALL BUSINESS (TSB) ENTERPRISES
ON
NON-FEDERAL AID PROJECTS
(THIRD-PARTY STATE-ASSISTED PROJECTS)
In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4,
it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business
(TSB) enterprises shall have the maximum practicable opportunity to participate in the performance
of contracts financed in whole or part with state funds.
Under this policy it is the responsibility of the recipients of state funds to help finance
projects to make a positive effort to solicit bids from and to utilize TSBs as contractors and ensure
that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or
participants in the work covered by this agreement.
The Recipient's "positive efforts" should include, but not be limited to:
1. Obtaining the names of qualified TSB contractors from the Iowa Department of Economic
Development (515-242-4721 ) and/or seek these contractors through advertising in general-
circulation, trade association or minority-focused media. The Iowa Department of
Management shall determine whether contractors who respond to such advertisements
qualify for TSB designation.
2. Notifying qualified TSBs of proposed projects involving state-assisted funding. Notification
should be made in sufficient time to allow the TSBs to participate effectively in the bidding
process.
3. Soliciting bids from qualified TSBs on each project, and identifying for TSBs the availability
of subcontract work.
4. Including in the bid proposals for state-assisted projects, a contract provision titled "TSB
Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted
Projects)", or a similar document developed by the Recipient.
5. Ensuring that the awarded contractor has and shall follow the contract provisions. The
Recipient is encouraged to establish goals or percentages to achieve TSB participation in
these projects. Contract goals may vary depending on the type of project, the projects sub-
contractible items, the type of service or supplies needed for the project, and the availability
of qualified TSBs in the area.
I of 2
' EXHIBIT A
The Recipient shall agree to provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone
contacts with any TSBs. Such documentation can be used to demonstrate the Recipient's
positive efforts and it should be placed in the general project file.
2. Bidding proposals noting established TSB goals, if any.
3. The dollar amount contracted to, subcontracted to, or supplied by qualified TSBs for the
project or projects covered by this agreement.
4. The attached "Checklist and Certification" form shall be filled out upon completion of each
project and forwarded to the Iowa DOT's EEO Administrator, Office of Contracts.
2 of 2
May 1999
CHECKLIST AND CERTIFICATION
OF THE UTILIZATION OF
TARGETED SMALL BUSINESS (TSB)
ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS)
CITY: PROJECT NUMBER:
AGREEMENT NUMBER:
1. Were qualified TSB names obtained from the Department of
Economic Development? YES NO __
If no, explain
2. Were qualified TSBs notified of project? YES NO __
If yes, by letter __, telephone , personal contact , other __
If no, explain
3. Were bids solicited from qualified TSBs? YES NO __
If no, explain
4. Was a goal or percentage (%) established
for TSB participation? YES NO __
If yes, what was the goal or (%)
If no, explain why not,
5. Did the prime contractor use positive efforts to
utilize TSBs on subcontracts? YES NO
If no, what action was taken by the City
Is documentation in files? YES NO
6. What was the dollar amount reimbursed to the City
from the Iowa Department of Transportation? $
What was the final project cost? $
What was the dollar amount performed by TSBs? $
Name and address of the TSB
(Use additional sheet if necessary)
Was the goal or percentage (%) achieved YES NO __
If no, explain
I certify that the CITY used positive efforts to utilize TSBs as participants in this project.
PROJECT ENGINEER/MANAGER DATE
January 2001
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
URBAN-STATE TRAFFIC ENGINEERING PROGRAM
(U-STEP) PROJECT
CITY: Iowa City
PROJECT NO: ,--4A-52
I.,, STAFF 10717
This is an agreement the city of Iowa City, called CITY) and the Iowa
De to enter into an agreement for
joint or cooperative action appropriate by ordinance, resolution, or otherwise
pursuant to the laws of the
The DEPARTMENT provides funds Urban-State Traffic Engineering Program (U-
STEP), a cooperative program for operational improvements on primary road
extensions. The DEPARTMENT has funds available for reimbursement and will
share eligible construction and osts in the ratio of 55 percent DEPARTMENT
funds and 45 percent local funds, up to amount in DEPARTMENT funds of
$200,000 for a "spot improvement" or a "linear improvement".
A "spot improvement" shall mean project such as intersection
reconstruction or signalization; and a shall mean an improvement project
such as street or highway widening or ~ spans two or more intersections.
The CITY proposes to develop U-STEP project:
Linear Improvement:
To install video md
Fairmeadows Boulevard.
Pursuant to the terms of agreement, applicable statutes, and administrative rules, the
DEPARTMENT agrees to lc funding to the CITY for the authorized and approved
costs for elig project improvements as described above.
Agreement No: 01-USTEP-10
Page 2
In consideration of the foregoing and the mutual promises contained in this agreement, the
parties agree as follows:
1. The CITY shall be the lead local governmental agency for carrying out the of
this mad shall be responsible for the development and U-
STEP
2. All notice ; under this agreement shall be made in writing 1 DEPARTMENT
and the CITY's person. The DEPARTMENT's person shall be the
District 6 Local Engineer. The CITY's contact shall be the City
Engineer, Public Director, or a Consulting by the CITY for a
particular project..
3. The estimated total of construction and ri cost for this project is
$161,403. plans, the estimate exceeds the preliminary
total estimate contained by 20 percent the increased cost must be
approved by the prior to letting or the extra work must be
approved before the beginning
4. The attached Standard U-STEP A will apply and is hereby made a
part of this Agreement.
Agreement No.: 01-USTEP-10
Page 3
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number
0 l-USTEP-10 as of the date shown opposite its signature below.
City: Iowa City
By Date
Title
I, , certify that I am the
and that , who signed for and on
behalf of the CITY was duly virtue of a formal
Resolution duly passed and on the day of
Signed , ~
City Clerk of Iowa City, Iowa ^pproved By
Ci~ A~omey's ~ce
IOWA DEP~T~NT OF
Highway Division
By Date ,
Roger W~mn, P.E.
Local Sysmms Engineer
Dis~ict6
January 2001
U-STEP
EXHIBIT
Standard Provisions for Project Agreement
l. The CITY shall comply with all provisions of the equal ~mployment opportunity
requirements prohibiting discrimination and requiring affirmative action to assure equal
employment opportunity as required by the Iowa Code Chapter 2 16. No person shall, on the
grounds of race, creed, color, sex, age, religion, national origin, or handicap/disability, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination any program or activity for which the CITY state funds from
the DEPA
2. The CITY shall use >sitlye efforts to solicit bids from and to Small Business
(TSB) enterprises ontractors and ensure that the make positive efforts to
utilize these subcontractors, suppliers or in the work covered by
this a be made and documented with Exhibit A which is
attached hereto and by this made a part of
3. The CITY shall obtain as needed, ilroad and utility companies and shall
obtain project permits and a from the Iowa Department of Cultural
Affairs (State Historical of Iowa; Historic Preservation Officer), Iowa
Department of Natural Resources, Coast ( U.S. Army Corps of Engineers and the
DEPARTMENT, etc.
4. The DEPARTMENT will share, as agreement, for the costs of construction of
longitudinal and outlet storm sewers necessary by highway construction in the
proportion that the street right-of-way primary road extension bears to the total
drainage area to be served by the The CITY shall be responsible for the
remaining portion of storm sewer 'the DEPARTMENT.
5. If fight of way must be acquired for shall negotiate and secure the
necessary right of way using the mos 'the following methods:
a. When right of way is to aired, before a uisition procedures are begun, the
CITY shall meet the the DEPARTME 's Office of Right of Way (ROW)
to assure compliance with I.S.Code, the Iowa C de, and 761 Iowa Administrative
Code (IAC) Chapter 11 determine what areas, any, are to be acquired in the
b. The CITY must late e ITY has
acquired possession required right of way. Should eminent domain proceedings
be required, the will condemn or appeal in the name of the CITY or the
DEPARTMENT, applies. The project letting may not be held until the
CITY of way has been acquired.
U-STEP Exhibit
Page 2
c. The CITY will meet with the DEPARTMENT's staff (ROW Office) to determine who
shall be responsible for demolition and/or property management functions.
d. The CITY as well as its contractors, if any, agree to maintain all books, documents,
papers, accounting records and other evidence pertaining to all costs incurred under
this Agreement and to make such materials available at their respective offices at all
reasonable times during the Agreement period and for three years from the date of the
final the Agreement, for inspection by the or Federal
Highway (FHWA). Upon completion of uisition for each
parcel, all tuisition shall be del ne the
property of the
e. In accordance with Iowa Administrative Section 150.3(1)(b), the
CITY will be res for providing, without to the DEPARMENT or the
project, all ri ich involves or alleys, and other city-
owned lands, land lands, subject to the condition
that the DEPARTMENT eimburse the for the value of improvements
situated on fany. The, has apprised itself of the value of
these lands, and, as a portion in the project, voluntarily agrees to
make such lands available without
6. The CITY will prepare and furnish to the project
plans, specifications, and an estimate of cost I the proposed construction project. Traffic
signals shall conform to the Manual on Unil Traffic Control Devices for Streets and
Highways (MUTCD).
7. Upon DEPARTMENT acceptance of forms, specifications and cost
estimate, the DEPARTMENT will give notice to proceed with the project.
For the portion of the project under by the CITY shall advertise for
bidders, hold a public letting, and adequate ' ' for the construction work
performed under the contract. The shall the letting documents to the
DEPARTMENT for concurrence award of the contract.
8. The project must be (2) years greement is approved
by the DEPARTMENT. If not, ' be in default
may revoke funding This agreement ma, for a period of six (6)
months upon receipt of a aest from the thirty (30) days prior to the
two (2) year deadline.
U-STEP Exhibit
Page 3
9. The CITY will be responsible for the costs of the construction. Acceptance of the completed
construction shall be with the concurrence of the DEPARTMENT. The CITY shall prepare
and submit to the DEPARTMENT a detailed billing statement of materials, installation, and
construction costs incurred by the CITY. Design, inspection, and administration costs will be
borne by the CITY. If said statement and documentation is in proper form, the
DEPARTMENT will promptly reimburse the CITY in the amount of 55 percent of the
eligible costs of the project, taking into account the limitations as stated
10. Signs and other traffic control devices necessary for the project shall be in
accordance with the "Manual on Uniform Traffic Control Devi. for Streets and Highways"
(MUTCD) per 761 Iowa Administrative Code (IAC) The safety of the general
public shall be assured through the use of proper measures and devices such as
fences, barricades, signs, flood lighting, and warning necessary.
11. Parking shall be hibited on the minor street appro for a distance of 35 ft. in advance
of the stol: Ir crosswalks and on the exit: minor streets for a distance of
35 ft. beyond the crosswalks shall go into effect at such time as the
project is completed
12. Upon completion of the the CITY 1 that the project was completed in
substantial compliance with plans and set out in this agreement before
receiving final reimburs
13. The CITY shall provide to the three (3) copies of the "as-built" project
plans, within six (6) months after the built.
14. The CITY shall have ownership of constructed with this project and shall
operate them at its expense so lon protection is considered by either party as
necessary at said location. both parties as no longer necessary at said
location, the signals are to be ____ CITY at the CITY's expense, and may be
installed at another location a both arties and thereafter shall be owned and
operated at the expense of the CITY
15. Periodic billing statements may be., d by the 7I'Y during progress of the work. The
DEPARTMENT will review th s, ~ents and ake recommendations as to their
payments. Payments will be ma il rd with Paragra 9 above.
16. The RECIPIENT shall submit a final detailed billing state nt to the DEPARTMENT no
DEPARTMENT by the CI f in the one (1) year period, the DEP TMENT will close the
project's financial records ithout m~ king additional reimburseme t to the CITY unless a
and approved by the
deadline.
U-STEP Exhibit
Page 4
17. The CITY agree~ to indemnify, defend and to hold the DEPARTMENT harmless from any
action or liability arising out of the design, construction, maintenance, placement of traffic
control devices, inspection or use of this project. This agreement to indemnify, defend and
hold harmless applies to all aspects efthe DEPARTMENT's application review and approval
process, plan and construction reviews, and funding participation.
18. If any pan of this agreement is found to be void and unenforc ble, then the remaining
provisions of this agreement shall remain in effect.
19. This agreement' not assignable without the prior written c sent of the DEPARTMENT.
20. In casy of. dispute con rning the terms of this agreeme. t, the parties shall .submit the m. atter
arbitration. The written t must include precise statement of the dispute. The
t 'U ttZr;
provisions of this paragraph
21. This agreement, as set forth in items I paragraphs I through 21 of the
U-STEP EXHIBIT and EXHIBIT constitutes the entire agreement between the
DEPARTMENT and the CITY. No warranties have been made
by either party that are not his agreement. Any change or alteration to the
terms of this agreement of an addendum to this agreement which
shall e DEPARTMENT and the CITY.
/
March 1999
EXHIBIT A
UTILIZATION
OF
TARGETED SMALL BUSINESS (TSB) ENTERPRISES
ON
NON-FEDERAL AID PROJECTS
(THIRD-PARTY STATE-ASSISTED PROJECTS)
In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4,
it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business
(TSB) enterprises shall practicable opportunity to participate in the performance
of contracts financed le or part with state funds.
Under thi responsibility of the recipients s to help finance
projects to make a positive solicit bids from and to util ~ contractors and ensure
that the contractors make positive subcontractors, suppliers or
participants in the work covered b' agreement.
The Recipient's "positive efforts" :lude, but not limited to:
1. Obtaining the names ofq from the Iowa Department of Economic
Development (515-242-4721 ) contractors through advertising in general-
circul The Iowa Department of
Management shall determine whether c who respond to such advertisements
qualify for TSB designation.
2. Notifying qualified TSBs of olving state-assisted funding. Notification
should be made in sufficien ~ to participate effectively in the bidding
process. /
/
3. Soliciting bids from qualified TSB~0/n each project, identifying for TSBs the availability
of subcontract work.
4. Including in the bid proposals for projects,
Affirmativ iects (Third-Party State-Assisted
Projects)", or a similar t the Reci
5. Ensuring that the and shall provisions. The
participation in
these projects. Contract g on the type of project, the projects sub-
contractible items, the type supplies needed for the project, and the availability
of qualified TSBs in the
1 of 2
EXHIBIT A
The Recipient shall agree to provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone
contacts with any TSBs. Such documentation can be used to demonstrate the Recipient's
positive efforts and it should be placed in the general project file.
2. Bidding proposals noting established TSB goals, if any.
3. The dollar amount contracted to, subcontracted to, or supplied by qualified TSBs for the
project or projects covered by this agreement.
2 of 2
May 1999
CHECKLIST AND CERTIFICATION
OF THE UTILIZATION OF
TARGETED SMALL BUSINESS (TSB)
ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS)
CITY: PROJECT NUMBER:
AGREEMENT NUMBER:
1. Were qualified TSB names obtained from the Department of
Economic Development? YES NO __
If no, explain
2. Were qualified TSBs n tified o~:foproject? YES NO
/
/
/
3. Were b e~c~T '~ NO
ids solicited from qualifiSBs. / YES __
/
If no, explain \\\
4. Was a goal or percentage (%) established
for TSB participation? \~ / YES NO __
If yes, what was the goal or (%) ~/~
If no, explain why not, /'
5. Did the prime contractor use positive eff¢'rts to
utilize TSBs on subcontracts? ,' YES NO
,,.
If no, what action was taken by the Ci~
Is documentation in files? YES NO
6. What was the dollar amount reimbursed to the Ci~
from the Iowa Depa~ment of Tran~po~ation?
What was the final project cost? $
What was the dollar amount performed by TSBs? $
Name and address of the TSB
(Use additional sheet if necessa~)
Was the goal or percentage (%) achieved YES NO
If no, explain
,,
I ce~i~ that the CI~ used po~tive effo~s to utilize TSBs as pafficipants in this project.
PROJECT ENGINEER/MANAGER DATE
Prepared by: David Schoon, Econ. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236
RESOLUTION NO. 01-68
RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF
OFFERS TO PURCHASE URBAN RENEWAL PARCEL 64-1a FOR A PRIVATE
REDEVELOPMENT PROJECT.
WHEREAS, the City of Iowa City, Iowa ("CITY"), acting as the Local Public Agency, entered into a
contract for Loan and Grant with the United States of America some years ago, for the
implementation of the Urban Renewal Project known as Project No. Iowa R-14; and
WHEREAS, pursuant to the provisions of Title 24, Part 570, Section 570.801(c) of the Code of
Federal Regulations, the City, acting as the Local Public Agency, transferred Community
Development Block Grant funds for said Urban Renewal project to the City Council of the City of
Iowa City by Resolution No. 76-446 dated December 14, 1976, and by Resolution No. 77-312
dated August 9, 1977; and
WHEREAS, the City of Iowa City has adopted and approved an Urban Renewal Plan for said
project in Resolution No. 2157 dated October 7, 1969, which Plan has been modified and
amended from time to time; and
WHEREAS, the City Council finds it in the public interest to solicit offers to purchase Urban
Renewal Parcel 64-1 a for a private redevelopment project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the City Manager is hereby authorized and directed to solicit offers to purchase
Urban Renewal Parcel 64-1 a for a private redevelopment project.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to publish
notice of such solicitation of offers to purchase Urban Renewal Parcel 64-1 a.
Passed and approved this 20th day of Marc~,) ,20 01
Approved by
Resolution No. 01-68
Page 2
It was moved by Vanderhoef and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Parcel 64-1a Redevelopment
Request for Proposals
Iowa City, Iowa
Bur|in ton Street
Parcel 64-1a Redevelopment
Request for Proposals
City of Iowa City, Iowa
PLEASE TAKE NOTE: THIS REQUEST FOR PROPOSALS CONSTITUTES A
REQUEST FOR PROPOSAL, AND IS THUS A SOLICITATION FOR RESPONSES AND
IS NOT GOVERNED AT THIS STAGE BY §384.95(f)(f), CODE OF IOWA. ANY
ACCEPTANCE OF A PROPOSAL SHALL NOT RESULT IN A BINDING CONTRACT
BETWEEN THE CITY AND THE PROPOSER, BUT INSTEAD WILL SIMPLY ENABLE
NEGOTIATIONS TO TAKE PLACE WHICH MAY EVENTUALLY RESULT IN A MORE
DETAILED AND REFINED AGREEMENT BETWEEN THE PROPOSER AND THE CITY.
CONTENTS
Pafie
The Redevelopment Project .............................................................3
The Community ................................................................................7
Proposal Procedure ........................................................................12
Private Developer Selection Process .............................................15
Available Repods ...........................................................................17
Additional Information .....................................................................18
Appendix A - Zoning Map and Summary Description of
Current Zoning .........................................................19
Appendix B - Area Map ..................................................................20
Appendix C - Survey & Legal Description for Parcel 64-1a ...........21
2
The Redevelopment Project
Project Focus & Project Criteria
Parcel 64-1a is Iowa City's last urban renewal parcel, and as such provides the City with the
opportunity to create an exciting capstone to downtown renewal efforts. The intent of the City is to
enable the redevelopment of this site for a project that complements and enhances the existing
uses in downtown and adds vitality to an already vibrant place. To this end, the City is seeking an
innovative and imaginative developer to participate in a project that will result in a mixed-use
development.
Proposal submitted should address the following project criteria:
Density. As the last undeveloped parcel of land within Iowa City's Central Business
District, the City anticipates any proposed development will maximize the
density allowed on the site under current zoning and building code regulations.
Parcel 64-1a is located within the Central Business, CB-10, Zone. The CB-10
Zone permits a floor area ratio of ten, which would allow a ten-story building
covering the entire parcel. Increases in height may be attained by building on
a portion of the site.
Proposed Uses. The CB-10 Zone is the high density, compact, pedestrian-oriented shopping,
office, service, and entertainment area. Any proposed development is
required to provide commercial space on the street and City Plaza levels of
the development. Residential development is permitted above the ground
floor. A detailed description and diagram of CB-10 zoning is found in Appendix
A.
The City is looking for a project which will enhance the downtown and add to
the vibrancy of the pedestrian mall for people of all ages. Projects which are
primarily residential in nature, particularly those with dormitory-style housing
of 4-5 bedrooms per unit, are discouraged. Those projects containing
residential units with no more than two bedrooms are preferred. Projects
which include a mix of uses - commercial, office, entertainment - are
encouraged. Single uses such as hotels, theaters, or other types of
commercial uses are also welcomed.
Parking. Most parking for the proposed development is expected to be provided by
public parking facilities, not on-site. Proposals incorporating some private
parking for the project will be considered; formal approval by the Iowa City
Board of Adjustment will eventually be required. The ability to provide private
parking on-site will depend upon the quality of the proposed project.
This site has provided public parking in close proximity to the public library
since 1997. The City will look favorably on any project that includes public
parking spaces on the site. These parking spaces must be easily accessible to
the Public Library. A well-defined pedestrian connection from the Dubuque
Street parking ramp to the Public Library is also desirable.
Design. Given this is the final structure in Iowa City's urban renewal program, the City
expects an imaginative design that will be a striking addition to the downtown.
A signature building design complimentary to the architecture of downtown
Iowa City is desired. In addition, the design of the new structure should
complement the design of the expanded public library and create an attractive
entry point to City Plaza.
The City Council will review and approve plans, specifications and construction
drawings of this project. In addition to the administrative review processes set
forth in the City ordinances, this process will include review of the entire pro-
ject's design plans by the Design Review Committee and approval by the City
Council. This process is outlined in the Design Review Ordinance. The
approval of the preliminary plans by the Design Review Committee and the City
Council will be conducted in a cooperative and expeditious manner.
Construction The City of Iowa City plans to renovate and expand the existing Iowa City
Staging. Public Library beginning the fall of 2001 and anticipates completion in the
Spring of 2004. The construction staging for the development of Parcel 64-1a
should take into consideration the construction of the Public Library project.
Creative ways of addressing construction staging so that both projects may be
completed smoothly, efficiently, and expeditiously are strongly encouraged.
Unless staging of the library project and the project on 64-1a are coordinated,
Parcel 64-1 a will not be available for construction until January 2003.
The Site
DESCRIPTION
Consisting of approximately 1.02 acres, Parcel 64-1a is located at the intersection of Linn Street
and City Plaza, a well-landscaped pedestrian mall in the heart of downtown Iowa City. A diagram
of the area is found in Appendix B. The site is located approximately two blocks from the
University of Iowa campus and one block from Old Capitol Town Center a two-level, 275,000
square feet, enclosed shopping mall.
Land uses surrounding the site are:
North - Located across the pedestrian mall is the existing Iowa City Public Library, which has
averaged over 55,000 users per month and which will be undergoing a major expansion
project beginning Fall 2001.
South - A six-level (five above grade), 625-space municipal parking facility is located across an
alley from the site.
West - Adjacent to the site is the 9-story, 236-room Sheraton Hotel, downtown's only lodging
facility.
East - Located across Linn Street is the old Carnegie library which is privately owned and leased
for office spaca.
ACCESS
Linn Street provides direct street access to the site while City Plaza facilitates pedestrian
movement to and from the site. This area is characterized by heavy pedestrian movement and a
variety of daytime and nighttime activities. Excellent bus service is provided by the downtown
transit exchange two blocks away.
In addition to the 625-space municipal parking facility immediately adjacent to the site, an 875-
space multi-level municipal parking facility is located one and one-half blocks td the west and a
475-space multi-level municipal parking facility is located one and one-half blocks to the east.
Construction of the fourth downtown parking facility, Tower Place, should be completed in late
Spring of 2001. This parking facility along Iowa Avenue will contain approximately 600 parking
spaces and will be only two blocks away from Parcel 64-1a.
A detailed diagram of the site and legal description of the site is found in Appendix C.
HIS TOR Y/SI TE
CONDITIONS
In 1937 this parcel was part of the area zoned as a business district. Thereafter, many different
businesses operated from the block, including coffee shops, restaurants, taverns, shoe repair, car
sales and realtors. The City began acquiring parcels of property on Block 64 in the mid-1950s.
Through a series of land purchases, including condemnation proceedings, the City acquired
property on the south end of Block 64 for a parking lot. The existing structures were demolished,
and the area was backfilled and surfaced with asphaltic concrete for a parking lot.
Results of exploratory soil borings on the site are available in a 1982 Foundation Investigation
report. The report gives a physical content description of three borings on the site. There are
approximately 7 to 11 feet of fill present (generally a silty clay with some crushed limestone and
fragments of wood, brick and concrete), In general, the subsurface soils consist of about 32 to 44
feet of silt and clay soils overlying approximately 39 feet of sand, Limestone bedrock was encoun-
tered in two of the borings at depths ranging from approximately 71 to 76 feet below existing
grades. (Note: The City does not guarantee that the report fully describes subsoil conditions.)
APPRAISED VALUE
The last real estate appraisal of the site was conducted in May 1996. The appraised value of the
site at that time was $1,2 million. The City is in the process of having a more current appraisal cf
the site completed,
5
FINANCING
The City will consider providing financial incentives in return for an exceptional private project.
These incentives could include, but are not limited to the following:
Property Tax Exemption: The parcel is located within the Central Business District Urban
Revitalization Area and thus the non-residentia1 commercial components of any project
would be eligible for property tax exemption for a period of years as outlined in the urban
revitalization plan.
Tax Increment Financinq: The parcel is located within the City-University I Urban Renewal
Area (Project IA R-14) and thus tax increment financing could be available for a project to
help finance up-front project costs or to provide a property tax rebate. The use of tax
increment financing shall not exceed a period of ten years.
Purchase Price: The purchase price of the land is negotiable.
The proposed financial package and return to the City will be evaluated as part of the proposal
selection criteria.
Site Acquisition
Terms for payment for acquisition of the site must be included as part of the development
proposal.
6
The Community
INTRODUCTION
Thirty years ago, the City of Iowa City began an ambitious urban renewal project to renovate and
reconstruct its downtown retail and employment center. Through public action and commitment,
the City has stimulated private investment in redevelopment and rehabilitation of the vital
downtown area and improved Iowa City's downtown environment to serve the employment,
shopping, residential and leisure needs of its citizens.
The City of Iowa City is preparing to develop the last undeveloped parcel, known as "Parcel 64-
la," of the original 18 parcels of urban renewal land acquired for disposition and development by
the City. The City is soliciting proposals for private development projects that will maximize the
development potential of the site while also providing public parking for the Iowa City Public
Library. The site provides an excellent development and investment opportunity in the dynamic
Iowa City market.
Community Overview
Location
Iowa City is a thriving community strategically located in east central Iowa within 300 miles of
Chicago, Minneapolis, and St. Louis. Cedar Rapids, Iowa's second largest city, is 25 miles north
of Iowa City via ~-380. Interstate 80 links Iowa City with Des Moines (110 miles west) and
Davenport (60 miles east).
Iowa City is the Johnson County seat and the Iowa City Metropolitan Statistical Area (MSA) is
coterminous with the county.
7
Uniquely Iowa City
Iowa City is regarded as one of the most attractive places to live in the Midwest:
Editor & Publisher Market Guide (December 2000)
Iowa City ranked as the most livable U.S. city on the Better Living Index. The popular
Better Living Index assesses cities based on three key factors: cost-of-living index,
crime index, and education levels. Other rating criteria include population, disposable
income, income per household, and retail sales in nine categories, as well as the retail
sales total.
Reader's Digest (April 97)
Iowa City ranked in the nation's top 50 of the best places to raise a family, cited as
having '"what makes a town family - friendly. Parents topped the list with low crime rate,
low drug and alcohol abuse, good schools, high quality health care, a clean environment
and affordability".
Kiplinger's Personal Finance Magazine (September 96)
Iowa City ranked as the second healthiest city in the United States, because of the
health benefits of University Hospitals and abundant recreational areas.
Business Week (July 98)
"As people challenge the conventional notion of retirement, they're rethinking the types
of ptace where they want to spend their later years. For an increasing number of
Americans, that means choosing an area where they can have access to culture,
education, entertainment, history, and a shot at a rewarding full or part - time job." Iowa
City was rated as on of the most attractive cities to retire; maintain a cost of living below
the national average.
Fortune (August 18, 1997)
Iowa City has a higher percentage of college graduates than any other city in the U.S.
as measured by Moran Stahl and Boyer, a consulting firm specializing in business
location selection.
Population
With a population of approximately 60,500, Iowa City constitutes nearly 60% of the total
population of Johnson County. Although the growth rate has slowed, Iowa City and Johnson
County continue to experience steady population growth (1.3% and 12.3% respectively).
Employment
Total employment in Johnson County has increased an average of 2% per year from 1990 to
1999. In terms of net new job creation, the government and service sectors have shown the
largest absolute gain. The finance/real estate/insurance, transportation/utilities, and service
sectors have had the greatest percentage increase.
Iowa City has one of the lowest unemployment rates among the nation's metropolitan areas.
Annual unemployment has not exceeded 3% in the past seven years. In 1999 the annual
unemployment rate in Iowa City was 2.0 percent.
8
Major Employers
Iowa City is home to the University of Iowa and the location of numerous nationally known
companies such as ACT, National Computer Systems, General Mills, Procter and Gamble, Lear,
Oral B Laboratories, and Moore Business Forms.
The University of Iowa campus, a Big Ten conference school, is adiacent to the downtown urban
renewal area. With an enrollment of more than 28,000 and over 20,000 full-time ~aculty members
and employees, the University plays a key supporting role for downtown commercial and retail
activities. In addition to the University, city, county, and federal government offices are located in
the downtown and also support commercial activity.
Retail
Since 1991, retail sales in Johnson County have grown by approximately $460 million, from $640
million to $1.1 billion. Approximately, 65% of these retaii sales occurred within Iowa City.
Coral Ridge Mall, in Coralville, opened in August 1998. This new retail center has had dramatic
effects on the entire region. Taxable retail sales in Coralville doubled between 1998 and 1999.
During this same time, taxable retail sales in Iowa City grew by approximately 5%.
Downtown Iowa City is home to over 150 retail stores and restaurants, ranging from regionally
recognized department stores to locally-owned specialty shops.
Housing
Between 1990 and 1999, more than 3,700 housing units have been constructed in Iowa City. Of
those 3,700 units, nearly 55% percent are multi-family units. These multi-family housing units
were not only constructed on the periphery of the community, but were also constructed in and
near the downtown as private sector redevelopmerit projects.
Single-family home sales reached record levels in 1999. The Iowa City Area Association of
Realtors documented 1,895 single-family home sales in 1999 at an average sale price of
$131,643.
Lodging
The Iowa City/Coralville area has 30 hotels and motels containing over 2,100 rooms.
Complementing these hotels are 5 area bed and breakfasts containing 20 rooms. The area
hotel market caters not only to traffic off of Interstate 80 and visitors to the University, but also
tourists to the area, conference attendants, and business travelers. The area's largest hotel
(with 236 rooms) is the only hotel located in downtown Iowa City.
Downtown Area
Past Redevelopmerit Efforts
With its Urban Renewal Program, the City used public investment to install functional and
aesthetic improvements to utilities, streets, parking and other major public facilities in the
downtown. Utilities on key streets were placed underground and extensive beautification
9
programs were completed. Public parking facilities were constructed to encourage and support
downtown activities. The City Plaza, a three-block pedestrian mall, has been designed to
enhance pedestrian circulation within the downtown core. The character of City Plaza is warm
and inviting with an abundance of landscaping.
lO
With the Urban Renewal Program, many redevelopment projects occurred. Private
redevelopment projects included the 236-room Sheraton Hotel at the Center of the Plaza, a five
story office building, Plaza Center One, across from the Sheraton Hotel, and a 275,000 square
foot retail development, Old Capitol Town Center, which anchors the west end of the Plaza.
Anchoring the east of the Plaza was the construction of the Iowa City Public Library.
Recent Redevelopment Efforts
The City is in the process of once again reinvesting in the downtown. A $4 million streetscape
improvement project has been completed in downtown, and the $3 million Iowa Avenue
streetscape project will be completed this fall. The City plans to begin construction of an $18
million dollar renovation and expansion project of the Iowa City Public Library. Tower Place and
Parking, a $12 million mixed-used development project including nearly 30,000 square feet of
commercial space at street level and 580 parking spaces will be completed this spring. The City
is also in the process of designing the construction of the Near Southside Transportation Center.
The transportation center is another mixed used development project including an interstate bus
depot, a day care center on the street level and between 300 and 500 parking spaces. With the
construction of these two facilities, there will be an additional 800-1000 parking spaces within 1 ~
blocks of Parcel 64-1a. These spaces will only add to the existing nearly 2700 public parking
spaces in the core downtown Iowa City area.
In addition to public investment, private investment has also occurred in recent years in the core
downtown Iowa City area. The projects have consisted of mixed-use structures, typically
commercial on the first floor and residential rental units above. These include buildings at Court
and Gilbert streets, Linn and Court streets, Dubuque and Burlington streets and on Clinton Street
between Burlington and College streets. A five-story commercial project, called Hieronymous
Square, is planned at the corner of Burlington and Clinton streets.
Over the years, the redevelopment projects in the downtown area were planned to complement
and reinforce each other to create a strong economic and social center for Iowa City. The
proximity to the University, the municipal parking system, and the mix of commercial uses are
important indicators that downtown Iowa City will remain a strong community and activity center.
These assets combine to make Iowa City's last Urban Renewal site an excellent development and
investment opportunity.
11
Proposal Procedure
PROPOSAL SUBMITTAL
Developers are encouraged to contact the City of Iowa City to obtain a Request for Proposals
packet and to inform the City of their interest and intentions as soon as possible. Contact should
be made with the City's Economic Development Coordinator (David Schoon, 319-356-5236 or the
Director of Planning and Community Development Karin Franklin, 319-356-5232) at your earliest
convenience. City representatives are prepared to meet with you to describe this development
oppodunity any time prior to the formal submission date.
Responses to this solicitation for offers to purchase or lease and develop the site must be submit-
ted to the City Clerk, 410 E. Washington Street, Iowa City, Iowa, on or before:
4:30 p.m. (CDT) on August 3, 2001
Proposals must be submitted to the City Clerk with all supporting documents in a sealed envelope
or other container marked only with the following:
Iowa City Urban Renewal
Parcel 64-1a Development Proposal
The proposal envelope or container shall bear no exterior indication of the identity of the person or
firm making the proposal. A written receipt will be given for each proposal flied with the City Clerk
prior to the deadline. Faxed copies will not be accepted as proposals.
PROPOSAL REQUIREMENTS
Ten (10) copies of the following documentation requirements must be contained in the proposal.
1. Offer to Purchase Develol3ment Riclhts for Private Redevelopment - All offers to purchase
be submitted in substantially the same format as the form furnished by the City and must
be complete in all respects. Any additions, deletions, or modifications in the Offer to
Purchase must be explained and justified in full detail in a narrative statement attached to
the Offer. (Format of document included in proposal packet.)
2. Redevelol3er~s Statement of Qualifications and Financial Responsibility. (Format of
document included in proposal packet.)
3. Redeveloper~s Statement for Public Disclosure. (Format of document included in proposal
packet.)
4. A written narrative which describes the I~roposed develol~ment. At a minimum, the
narrative should contain the forlowing information:
· The use or uses proposed.
12
· The height and number of stories in the structure.
· The intensity of the proposed use(s) (e.g., total square footage, number of
residential units by number of bedrooms, number of hotel rooms, common space,
etc.).
· The estimated total cost of improvements, including hard and soft costs.
· The amount and likely source of equity capital and the probaMe amount and
source(s) of other financing. State any specific assumptions which have been
made concerning the financing terms deemed necessary for the project.
5. A site plan and elevation illustratinq the proposed concept. These need not be engineered
plans but should be to scale.
6. A written narrative which sets forth the developer's experience. At a minimum, this
narrative must contain: a list of other properties or development projects and their location,
type and size, and the name and phone number of a person familiar with your prior work
so the City may be assured of prior satisfactory performance; the names and background
of the principal(s) who will be responsible for this project; and the qualifications, persons
and contact (for reference check purposes) of other persons or firms who will be involved
in the project.
GENERAL STIPULATIONS
The City is not responsible for any expenses which proposers may incur in preparing and
submitting the proposal. The City will not be liable for any costs incurred by the proposers that are
related to the proposal process; this includes production of the proposal, interviews/presentations,
travel and accommodations.
All proposals received from proposers will become the property of the City of Iowa City and will not
be returned to the proposers. In the event of contract award, all documentation produced as part
of the contract will become the exclusive property of the City.
Subsequent to written notification to the City of an interest in submitting a proposal and prior to
August 3, 2001, the City may wish to meet with certain developers for further clarification. The City
reserves the right to initiate such meetings. These meetings may be conducted on an individual or
collective basis, involving anywhere from one to all of the prospective developers. The meetings
may be called, however, only at the initiative of the City. In the event that no acceptable proposals
are received by the City within the designated time limit, the City may negotiate for a proposal with
any party, and/or re-solicit offers under changed terms or conditions.
After August 3, 2001, no new proposals will be accepted and no modifications to those already
submitted will be allowed unless specifically requested by the City. Also, after the deadline the
names of those submitting proposals will become available to the public as a public record.
13
PROPRIETARY INFORMATION
The City is sensitive to concerns regarding proprietary information and the RFP Process.
However, the RFP process is subject to the State of Iowa's Open Records Laws, specifically Iowa
Code Chapter 22. As such, if proprietary information is specifically requested by members of the
public, it may be subject to dissemination, in accordance with the provisions of Iowa Code Chapter
22. The submitted proposals, excluding proprietary information, may be subject to general public
review after the submission deadline upon appropriate inquiry.
In accordance with Iowa Code Chapter 22, and except as may be provided by other applicable
State and Federal Law, all proposers should be aware that Requests for Proposals and the
responses thereto are in the public domain. However, the proposers are requested to specifically
identify any information contained in their proposals which they consider confidential and/or
proprietary and which they believe to be exempt from disclosure, citing specifically the applicable
law and exempting the same from disclosure.
14
Private Developer
Selection Process
EVALUATION CRITERIA
Upon receipt of the written proposals, the City will review and evaluate all submissions in
accordance with the following criteria:
Private Development Plan
· Quality and creativity of the proposed development.
· Compatibility with standards, objectives and controls set forth in the Urban Renewal Plan, this
Request for Proposals, and disposition documents.
· The probability of achieving market acceptance.
· The timeliness of the proposed construction schedule.
· The price offered and terms.
Developer Experience and Qualifications
· The success of previous development efforts and/or the operation of facilities of similar nature
as evidenced in this solicitation.
· Public acceptance of previous developments, in terms of design, timing of work and functional
relationships.
,. Reputation in regard to character, integrity, skills, judgment and competence.
· Demonstrated ability to work with the public sector.
Implementation Ability
· Experience of the principals and key staff that will be involved in Iowa City in carrying out
projects of similar scale and character, which information may be solicited during the course of
the City's reference checks.
· Availability of sufficient financial resources to complete the project in a timely manner.
Additiona{ information may be required to clarify a prospective developers plans and intentions.
The City reserves the right to request additional information from any prospective developer after
offers have been received and opened.
15
DEVELOPER SELECTION
This Request for Proposals is being sent out to a number of developers, Affer an initial screening
by City staff, the development teams of all qualified submitted projects will be asked to make a
general presentation of their plans to the public. A private interview with the City staff selection
committee will occur the following day. The selection committee reserves the right to have
discussions with any or all of the submitting teams. The selection committee will make a
recommendation to the City Council.
After receiving recommendations from the staff, the City Council will select the preferred devel-
oper. The announcement of preferred developer will be made by the City Council, and the
preferred developer is expected to execute a development agreement within a period of 90 days.
The City, through its staff and its representatives, reserves the right to continue negotiations and
discussions with the preferred developer after designation is made, in order to discuss and
accomplish modifications in the development proposal including, if necessary, modifications in the
development contracts if such discussions and alterations are made necessary by evolving
circumstances,
If a development agreement has not been executed at the conclusion of 90 days, the City, at its
sole option, reserves the right to rescind the designation of the preferred developer or to extend
the time period allowed for negotiation and execution of a development agreement. Should the
City exercise its option to rescind the preferred developer's designation, the City may initiate
negotiations with one of the other developers who submitted a proposal on the parcel, or the City
may begin a new selection process. All materials shall become the exclusive property of the City
and may be utilized as the City deems proper.
The City of Iowa City reserves the right to waive informalities and irregularities in the proposal
procedures specified in this offering or proposals received, and also reserves the right to reject
any or all proposals.
PROJECT EXECUTION
Upon the execution of the development agreement, the developer shall proceed with the pro-
posed project in accordance with the agreement as executed. Payment in full or as per contrac-
tual conditions is due upon transfer of development rights to the property.
WITHDRAWAL OF PROPOSALS
Prior to opening of the proposals, a proposal may only be withdrawn by written request by the
Offeror. After proposals are opened, Offers shall remain valid and irrevocable until one hundred
and fifty days from the date of opening, and shall remain in force thereafter until withdrawn by the
Offeror in writing.
PUBLIC NOTICE
Prior to entering into any signed documents or agreements, the City will give public notice of intent
to enter into an agreement for the development rights of this Property as provided by the applica-
ble state laws. Following such notice, the City will enter into an agreement with the proposer
whose proposal, in the~sqle judgment of the City Council, best conforms to the Urban Renewal
Plan and the City's objectives.
16
Available Reports & Documents
The following reports are relevant to this project. Copies of these reports may be obtained from
the Iowa City Department of Planning and Community Development on an at-cost basis.
Iowa City Urban Renewal Plan (supplied in proposal packet)
Iowa City Zoning Ordinance, 2000
Iowa City Comprehensive Plan Update, 1997
Central Business District Urban Revitalization Plan, 1999
Foundation Investigation for 64-1 a/64-1 b (Soil Core Report), June, 1982
Design Review Ordinance, 1997
Downtown Strategy, 1997
17
Additional Information
Specific questions related to the Request for Proposals must be addressed in writing to the City.
Answers will then be distributed to all development teams. Additional and updated information
will be provided to the teams via fax, e-mail, or correspondence. Please submit all requests to:
David Schoon, Economic Development Coordinator
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
(319) 356-5236 (Office)
(319) 356-5009 (Fax)
david-schoon@iowa-city.org
OR
Karin Franklin, Director, Planning and Community Development
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
(319) 356-5232 (Office)
(319) 356-5009 (Fax)
karin-franklin@iowa-city.org
18
Appendix A
Zoning Map and Summary Description of Current Zoning
14-6E-8: Central Business Zone (CB-10)
Intent: The Central Business Zone (CB-10) is intended to be the high density,
compact, pedestrian-oriented shopping, office, service and entertainment area in
Iowa City. Development and redevelopment in this Zone should occur in compact
groupings, in order to intensify the density of usable commercial spaces, while
increasing the availability of open spaces, plazas or pedestrianways. The Zone is
intended to accommodate a wide range of retail, service, office and residential
uses. Auto-oriented uses are not permitted except as otherwise provided.
Consolidated off-street loading and service facilities should be provided wherever
practical with access provided from public service alleys or couds. It is intended
that off-street parking facilities be publicly provided and off-street accessory
parking be allowed only as a special exception. Because of the proximity of the
University of Iowa, residential development above the ground floor in this district is
encouraged as a provisional use.
19
Appendix B
Area Map
m ~ F'layground F~ J~ COLLEGE ST
CITY PLAZA /"
~ ~ ' ,,:.,, J
· Old
z Public
o _--- Sheraton
o -~ Library
~ ~ ~ otel
LLI ~ Service Alley , Office
::) E Municipal Parking Ramp I- Retail
O rj)
Hawkeye :) Z
State /) m ~ Z
.ank R / a
E BURLINGTON ST ~
2O
Appendix C
Survey and Legal Description for Parcel 64-1a
- See following page -
ecodev ~64-1a~ffp parcel 64-Ia - 2001 ,doc
21
fr AUDITOR'S PARCEL N0. 97013 ~'~
City of Iowa City
MEMORANDUM
Date: March 15, 2001
To: City Council
Director, Planning and Community Developme ' '~'~ ~ I '
From: Karin Franklin,
David Schoon, Economic Development Coordinator"~
Re: Parcel 64-1 a Redevelopment Request for Proposals
The attached Parcel 64-1 a Redevelopment Request for Proposals (RFP) includes those
changes which the Council identified during its last discussion of the RFP. In summary, they
include the following (the page numbers refer to the pages of the redrafted RFP):
· Proposed Uses. The sentence stating that 10% of any residential units must be for low and
moderate-income persons was removed (page 3).
· Public Space. The secti~pn encouraging the incorporation of public spaces was removed
(page 4).
· Design. The statement regarding the design of any building being sensitive to allowing
sunlight to illuminate City Plaza was removed.
· Construction Staging Section. Reworded this section to more accurately describe when
Parcel 64-1 a could be available for construction (page 4).
· Tax Increment Financing. Tax increment financing was added as a possible financing
mechanism for the project (page 6).
Additional substantive changes staff has made to the RFP since the Council last reviewed it
include the following:
· Proposal Submittal Due Date. The proposal submittal due date has been moved to Friday,
August 3, 2001, in order to give developer's ample time to prepare a project proposal (page
12).
Proprietary Information. The last sentence of the first paragraph of this section has been
rewritten to more accurately reflect the State of Iowa's Open Records Laws (page 14).
For your information, attached is a tentative time schedule for the RFP process. The goal is to
have an executed redevelopment agreement by the end of this year. Also included is a list of
the Preferred Developer Selection Committee, which consists of staff members that will make
the recommendation to the City Council regarding the preferred developer.
u:\files\downtown\64-1a\council 1020.doc
Parcel 64-1 a Development Proposal Schedule
Friday, March 23 RFP Available/Mailed Out
Friday, August 3 Proposals Due
First Week of September Developers Make Public Proposal Presentations
End of September Staff Recommends Preferred Developer
Tuesday, October 2 Council Should Announce Preferred Developer by this
Date
Monday, December 31 Submitted Proposals Offers to Purchase Remain Open
Until this Date, 150 Days from the Date Proposals Are
Due.
Redevelopment Agreement Expected to be Executed
within 90 Days of the Council Announcing the Preferred
Developer.
January 2003 Parcel 64-1a available for construction by this date, unless
staging of Library project and Parcel 64-1a can be
coordinated to allow for an earlier construction start date
for Parcel 64-1a.
Preferred Developer Selection Committee
Steve Atkins City Manager
Dale Helling Assistant City Manager
Sarah Holecek Legal issues
Kevin O'Malley Financial issues
Karin Franklin Planning issues
Jeff Davidson Transportation issues
Joe Fowler Parking issues
Susan Craig Library project coordination issues
Chuck Schmadeke Library project coordination issues
David Schoon Project coordinator
Resource Staff Members
Tim Hennes Building issues
Terry Trueblood City Plaza issues
u:\~les\downtown\64-1 a\64-1 a schedule and cornmittee.doc
city cou.ci, Member:I:ITY MANAI]F.P.'.' FFIC[
Attached is a letter that some fdends of mine wrote. I wholeheartedly endorse their statements.
As a mother of 2 small children, the flat lot near the library downtown is extremely convenient.
Even parking in the ramp next door adds a lot of complications to a simple tdp to the library. In
the ramp, cars are parked so close that trying to extract kids from the car becomes a gymnastics
event. Walking in the ramp with cam whizzing around the comer is scary, and then it is difficult to
control the kids on the icy sidewalk to the library. The open lot is much, much easier to negotiate,
and if some such facility was unavailable, I think we would go to the Coralvilla or North Liberty
library more often.
Putting an apartment building in that space would be unfriendly and dose the space off to patrons
of the library and pad mall. Even if the first floor of the apartment building was retail, that wouldn't
help - there is already vacant retail spaca on the pad mall. At the very least, there should be
parking space for library patrons that would not be taken up by apartment residents. But I would
much rather see something besides an apartment building in that space. The idea for an
extension of the Children's Museum is a great one.
Please take into account the needs of families with small kids when you consider what to do with
this space.
Sincerely,
2926 Orchard View Lane, N.E.
Iowa City, IA 52240
351-3286
We are writing you as concerned citizens, a family living within walking
distance of the downtown who wants to prevent further erosion of downtown
business to Coralville. As parents of two small children, we are also
concerned that the downtown is becoming less than family-friendly. We are
writing in particular about the parking lot adjacent to the library, which we
understand the city plans to develop.
As the last significant piece of downtown real estate, this space must be
developed wisely - with an eye to aesthetics, downtown character, and the
needs of the large numbers of families with young children now living in Iowa
City, families who use the library at least weekly, if not several times per
week. One of those needs is inexpensive and nearby public parking, one tier
of which, it seems to me, must be required of any developer who is awarded
this pdme site. I have heard that the mayor was quoted as saying there are
severel parking structures within two blocks of the library, and that this
should suffice; but anyone who has tded to walk more than a block with two
or three kids in tow and an armload of books, trying to keep the kids out of
the way of cars, negotiating elevators, etc., know that the difficulty of
such a maneuver would deter visits to the library.
In addition to considerations about parking, we urge you to make sure that
any development that goes into this site does not further create an
anti-retail, anti-family climate in the pedestrian mall. We have just lost
Mind Matters Toys and Freshens - both significant draws to the pedestrian
mall for families with children -- and we are about to lose the outdoor play
structure for over a year due to library construction. And it is hard to
ignore the fact that Iowa City did not actively lobby to bdng the Children's
Museum - and all the business it would have supported! - to our downtown.
The number of families who hate ddving to the mall - and hate shopping there
- but who go out there anyway to bdng their kids to the Children's Museum
is more than you can imagine. All of those people constitute lost business in
downtown Iowa City.
And, though our public library is a jewel (which promises to be polished even
brighter), the downtown must offer more to families than just the library.
It is clear that both native Iowa City families and the many families who
have moved here in the past five years as part of a nationwide trend to
repopulate small towns, are yearning for reasons to go downtown - witness the
Fdday night concerts in the summer, story hours at the library, and any
downtown festival in the pedestrian mall. It would be a real boon to the
downtown if the city required any proposed development to include at least
one space for a family-oriented organization - perhaps an annex to the
Children's Museum, or something like it.
It also seems clear that this development ought to be frented by a large
swath of green - grass and gardens - not only to beautify the pedestrian
mall, but to widen it at that spot in order to allow sunshine into the upper
windows of the new library addition (as had been planned when those designing
the addition thought the parking lot would still be across the plaza).
Iowa City still has a wonderful intact downtown. It offers the closeness of
small town life yet boasts the sophisticated, one-of-a-kind businesses found
in urban canters; those qualities are threatened when the downtown becomes
more service than retail, more bars than stores, more flat-fronted modern
behemoths than charming, odginal architecture.
We urge you to take time with the decision to develop this parking lot. We
urge you to take input from citizens - a groundswell of whom are concerned
about what will happen to this space, And finally, we implore you to consider
more than a temporary budget shortfall, instead looking to the long-term
health of the downtown.
Thank you for considering our comments.
Marjan Karr
From: Hicks, Jason [jason-hicks@uiowa.edu]
Sent: Thursday, March 08, 2001 9:37 AM
To: 'council@iowa-city.org'
Cc: 'karin-franklin@iowa-city.org'
Subject: FW:
Dear council men~Ders,
Any ideas to build YET ANOTHER apartment complex in downtown Iowa City would
be remarkably near-sighted. Let's face it: apartment buildings lack
character. Apartment buildings breed people in transition who won't
necessarily care about our town. Apartment buildings are ugly to look at.
We want Iowa City to still be beautiful many, many years from now. You know
developers don't look ahead that far. Developers want to make money for
themselves NOW, and they don't have to live here, so why should they care?
I care about our town, and since you are sitting on the City Council, so
should you.
Jason Hicks
> ..... Original Message .....
> From: Mackenzie, Sara
> Sent: Thursday, March 08, 2001 8:15 AM
> To: Abreu, Alison; Aggarwal, Hem; Chertkova, Elena; Grosdidier, Jason;
> Howes, Terese; Hunter, Jeff; Kao, Rosanna; Krupp, David; Kukoyi, Oladipo;
> Lanternier, Natalie; Livermore, Ursula; Powers, Trisha; Rajavel, Sudha;
> Rebella, Tiffany; Richards, Jennifer; Rosenfeld, Sandra; Ruebke, Eric;
> Shamsee, Syedsaleem; Silva, Anna; Timm, Gregory; Vickstrom, Craig; Walden,
> Jacci; Weckmann, Michelle; Wilbur, Jason; Albrecht, Lois; Albrecht, Lois;
> Batzkiel, Cynthia; Bedell, David; Bentlet, Suzanne; Bergus, George;
> Besemer, Nancy; Bollinger, Barbara; Booker, Sharon; Bouska, Peg; Brown,
> Alice; Butani, Yogita; Cain, Carol; ChronicFatigue; Daly, Jeanette;
> DeMuth, Jerilen; Diehl, Dedra; Dobyns, Richard; Donald, Margaret;
> Edgington, Mariah; Ely, John; Emerson, Myra; Ernst, Michael; Family
> Practice Pharmacy; Family Practice Scheduling; Fesler, Karen; Fick,
> Daniel; Fisher, Susan; Folkmann-Huss, Pamela; Fuller, Kathy; Garrett,
> Robert; Gingerich, Angela; Groene, Heather; Gurwell, Adelaide; Hartz,
> Arthur; Hayes-Hines, Lisa; Hicks, Jason; Hoogerwerf, Pamela; Hoover,
> Linda; Houlahan, Beth; Huang, Xuan; Huijiang, Song; James, Paul; Jogerst,
> Gerald; Johnson, Cynda; Joseph, Brenda; Jurgens, Michael; Justis, Rita;
> Kearns, David; Kelly, Michael; Klepser, Teresa; Klug, Beverly; Kohl,
> Barbara; Langbehn, Susan; Lanternier, Matthew; Levy, Barcey; Lovett,
> Karla; Mace, Krista; Mackenzie, Sara; Maharry, Michael; Mangold, Sondra;
> Marcussen, Britt; Martin, Angela; Martin, Patty; McFall, Marla; Meier,
> Jacqueline; Merchant, Mary; Min, Hu; Moran-Meincke, Judy; Norden, Beth;
> Mulpuri, Durga; Murphy, Diane; Murphy, Rozanne; Paetzold, Robin; Park,
> Jung-Yong; Peck, Sharon; Peyton, Robin; Phillips, Sandy; Plank, Sandy;
> Pretorius, Richard; Rosenthai, David; Schmuch, Gretchen; Schroeder, Judy;
> Selden, Melinda; Shaffer-Cumby, Kathy; Sinift, Suzanne; Smith, Lorrie;
> Southard, Jennifer; Sullivan, Anne; Thomson-Worden, Luann; Tones, Melissa;
> Troester, Joni; Viiibauer, Tanya; Wade, Shirley; Weissman, Alicia;
> Wieland, Ronnye; Wolfe, Steven; Wolfswinkel, Shiree; Young, David
> Subject:
>
> I am not sure how many of you have been following the developing plans for
> downtown. There are proposals for the parking lot opposite the library to
> be developed into apartment complexes. Several of my friends and I are
> trying to make the city council and karin franklin, the city planner,
> aware that we are concerned downtown is becoming less family friendly.
> Personally, I moved back because I love a small town where I can walk, be
> safe and have lots of opportunities for fun with my family. If any of you
feel likewise, please write the city council and karin franklin at
council@iowa-city.org
karin-franklin@iowa-city.org
I am attaching a letter that my friends and I are sending. Please feel
free to copy and send with your name attached or write your own letter.
thanks.
sara
Dear City Council Members:
We are writing you as concerned citizens, a family living within walking
distance of the downtown who wants to prevent further erosion of downtown
business to Coralville. As parents of two small children, we are also
concerned that the downtown is becoming less than family-friendly. We are
writing in particular about the parking lot adjacent to the library, which
we
understand the city plans to develop.
As the last significant piece of downtown real estate, this space must be
developed wisely - with an eye to aesthetics, downtown character, and the
needs of the large numbers of families with young children now living in
Iowa
City, families who use the library at least weekly, if not several times
per
week. One of those needs is inexpensive and nearby public parking, one
tier
of which, it seems to me, must be required of any developer who is awarded
this prime site. I have heard that the mayor was quoted as saying there
are
several parking structures within two blocks of the library, and that this
> should suffice; but anyone who has tried to walk more than a block with
> two
> or three kids in tow and an armload of books, trying to keep the kids out
> of
> the way of cars, negotiating elevators, etc., know that the difficulty of
> such a maneuver would deter visits to the library.
>
> In addition to considerations about parking, we urge you to make sure that
>
> any development that goes into this site does not further create an
> anti-retail, anti-family climate in the pedestrian mall. We have just
> lost
> Mind Matters Toys and Freshens - both significant draws to the pedestrian
> mall for families with children -- and we are about to lose the outdoor
> play
> structure for over a year due to library construction. And it is hard to
> ignore the fact that Iowa City did not actively lobby to bring the
> Children's
> Museum - and all the business it would have supported! - to our downtown.
> The number of families who hate driving to the mall - and hate shopping
> there
> - but who go out there anyway to bring their kids to the Children's Museum
>
> is more than you can imagine. All of those people constitute lost business
> in
> downtown Iowa City.
>
> And, though our public library is a jewel (which promises to be polished
> even
> brighter), the downtown must offer more to families than just the library.
>
> It is clear that both native Iowa City families and the many families who
> have moved here in the past five years as part of a nationwide trend to
> repopulate small towns, are yearning for reasons to go downtown - witness
the
Priday night concerts in the sunder, story hours at the library, and any
downtown festival in the pedestrian mall. It would be a real boon to the
downtown if the city required any proposed development to include at least
one space for a family-oriented organization - perhaps an annex to the
Children's Huseum, or something like it.
It also seems clear that this development ought to be fronted by a large
swath of green - grass and gardens - not only to beautify the pedestrial
mall, but to widen it at that spot in order to allow sunshine into the
upper
windows of the new library addition {as had been planned when those
designing
the addition thought the parking lot would still be across the plaza).
Iowa City still has a wonderful intact downtown. It offers the closeness
of
small town life yet boasts the sophisticated, one-of-a-kind businesses
found
in urban centers; those qualities are threatened when the downtown becomes
more service than retail, more bars than stores, more flat-frented modern
behemoths than charming, original architecture.
We urge you to take time with the decision to develop this parking lot. We
urge you to take input from citizens - a groundswell of whom are concesned
about what will happen to this space. And finally, we implore you to
consider
more than a temporary budget shortfall, instead looking to the long-term
health of the downtown.
Thank you for considering our comments.
Marjan Karr
From: Weckmann, Michelle [mjchelle-weckmann@uiowa.edu]
Sent: Friday, March 09, 2001 1:18 PM
To: 'council@iowa-city.org'
Subject: downtown development
Dear City Council Members:
We are writing you as concerned citizens, a family living within walking
distance of the downtown who wants to prevent further erosion of downtown
business to Coralville. As parents of two small children, we are also
concerned that the downtown is becoming less than family-friendly. We are
writing in particular about the parking lot adjacent to the library, which
we understand the city plans to develop.
As the last significant piece of downtown real estate, this space must be
developed wisely - with an eye to aesthetics, downtown character, and the
needs of the large numbers of families with young children now living in
Iowa City, families who use the library at least weekly, if not several
times per week. One of those needs is inexpensive and nearby public parking,
one tier of which, it seems to me, must be required of any developer who is
awarded this prime site. I have heard that the mayor was quoted as saying
there are several parking structures within two blocks of the library, and
that this should suffice; but anyone who has tried to walk more than a block
with two or three kids in tow and an armload of books, trying to keep the
kids out of the way of cars, negotiating elevators, etc., know that the
difficulty of such a maneuver would deter visits to the library.
In addition to considerations about parking, we urge you to make sure that
any development that goes into this site does not further create an
anti-retail, anti-family climate in the pedestrian mall. We have just lost
Mind Matters Toys and Freshens - both significant draws to the pedestrian
mall for families with children -- and we are about to lose the outdoor play
structure for over a year due to library construction. And it is hard to
ignore the fact that Iowa City did not actively lobby to bring the
Children's Museum - and all the business it would have supported! - to our
downtown. The number of families who hate driving to the mall - and hate
shopping there - but who go out there anyway to bring their kids to the
Children's Museum is more than you can imagine. All of those people
constitute lost business in downtown Iowa City.
And, though our public library is a jewel (which promises to be polished
even brighter), the downtown must offer more to families than just the
library. It is clear that both native Iowa City families and the many
families who have moved here in the past five years as part of a nationwide
trend to repopulate small towns, are yearning for reasons to go downtown -
witness the Friday night concerts in the summer, story hours at the library,
and any downtown festival in the pedestrian mall. It would be a real boon
to the downtown if the city required any proposed development to include at
least one space for a family-oriented organization - perhaps an annex to the
Children's Museum, or something like it.
It also seems clear that this development ought to be fronted by a large
swath of green - grass and gardens - not only to beautify the pedestrial
mall, but to widen it at that spot in order to allow sunshine into the upper
windows of the new library addition (as had been planned when those
designing the addition thought the parking lot would still be across the
plaza).
Iowa City still has a wonderful intact downtown. It offers the closeness of
small town life yet boasts the sophisticated, one-of-a-kind businesses found
in urban centers; those qualities are threatened when the downtown becomes
more service than retail, more bars than stores, more flat-fronted modern
1
behemoths than charming, original architecture.
We urge you to take time with the decision to develop this parking lot. We
urge you to take input from citizens - a groundswell of whom are concerned
about what will happen to this space. And finally, we implore you to
consider more than a temporary budget shortfall, instead looking to the
long-term health of the downtown.
Thank you for considering our comments.
Michelle Weckmann
Marjan Karr
From: Mackenzie, Sara [sara-mackenzie@uiowa.edu]
Sent: Thursday, March 08, 2001 8:18 AM
To: 'council@iowa-city.org'
Cc: 'karin-frankin@iowa-city.org'
Dear City Council Members:
We are writing you as concerned citizens, a family living within walking
distance of the downtown who wants to prevent further erosion of downtown
business to Coralville. As parents of two small children, we are also
concerned that the downtown is becoming less than family-friendly. We are
writing in particular about the parking lot adjacent to the library, which
we
understand the city plans to develop.
As the last significant piece of downtown real estate, this space must be
developed wisely - with an eye to aesthetics, downtown character, and the
needs of the large numbers of families with young children now living in
Iowa
City, families who use the library at least weekly, if not several times per
week. One of those needs is inexpensive and nearby public parking, one tier
of which, it seems to me, must be required of any developer who is awarded
this prime site. I have heard that the mayor was quoted as saying there are
several parking structures within two blocks of the library, and that this
should suffice; but anyone who has tried to walk more than a block with two
or three kids in tow and an armload of books, trying to keep the kids out of
the way of cars, negotiating elevators, etc., know that the difficulty of
such a maneuver would deter visits to the library.
In addition to considerations about parking, we urge you to make sure that
any development that goes into this site does not further create an
anti-retail, anti-family climate in the pedestrian mall. We have just lost
Hind Matters Toys and Freshens - both significant draws to the pedestrian
mall for families with children -- and we are about to lose the outdoor play
structure for over a year due to library construction. And it is hard to
ignore the fact that Iowa City did not actively lobby to bring the
Children's
Museum - and all the business it would have supported! - to our downtown.
The number of families who hate driving to the mall - and hate shopping
there
- bun who go out there anyway to bring their kids to the Children's Museum
is more than you can imagine. All of those people constitute lost business
downtown Iowa City.
And, though our public library is a jewel (which promises to be polished
even
brighter), the downtown must offer more to families than just the library.
It is clear that both native Iowa City families and the many families who
have moved here in the past five years as part of a nationwide trend to
repopulate small towns, are yearning for reasons to go downtown - witness
the
Friday night concerts in the summer, story hours at the library, and any
downtown festival in the pedestrian mall. It would be a real boon to the
downtown if the city required any proposed development to include at least
one space for a family-oriented organization - perhaps an annex to the
Children's Museum, or something like it.
It also seems clear that this development ought to be fronted by a large
swath of green - grass and gardens - not only to beautify the pedestrial
mall, but to widen it at that spot in order to allow sunshine into the upper
windows of the new library addition (as had been planned when those
designing
the addition thought the parking lot would still be across the plaza).
Iowa City still has a wonderful intact downtown. It offers the closeness of
small town life yet boasts the sophisticated, one-of-a-kind businesses found
in urban centers; those qualities are threatened when the downtown becomes
more service than retail, more bars than stores, more flat-fronted modern
behemoths than charming, original architecture.
We urge you to take time with the decision to develop this parking lot. We
urge you to take input from citizens - a groundswell of whom are concerned
about what will happen to this space. And finally, we implore you to
consider
more than a temporary budget shortfall, instead looking to the long-term
health of the downtown.
Thank you for considering our comments.
Sara Mackenzie, MD
Paul Rice
Lila Rice
Sydda Rice
619 Templin Road
Iowa City, Iowa 52246
Marjan Karr
From: SchulerBA@aol.com
Sent: Thursday, March 06, 2001 1:16 AM
To: council@iowa-city.org; karin-franklin@iowa-city.org
Subject: concern about development of library parking lot
Dear City Council Members:
We are writing you as concerned citizens, a family living within walking
distance of the downtown who wants to prevent further erosion of downtown
business to Coralville. As parents of two small children, we are also
concerned that ~he downtown is becoming less than family-friendly. We are
writing in particular about the parking lot adjacent to the library, which we
understand the city plans to develop.
As the last significant piece of downtown real estate, this space must be
developed wisely with an eye to aesthetics, downtown character, and the
needs of the large numbers of families with young children now living in Iowa
City, families who use the library at least weekly, if not several times per
week. One of those needs is inexpensive and nearby public parking, one tier
of which, it seems to me, must be required of any developer who is awarded
this prime site. I have heard that the mayor was quoted as saying there are
several parking structures within two blocks of the library, and that this
should suffice; but anyone who has tried to walk more than a block with two
or three kids in tow and an armload of books, trying to keep the kids out of
the way of cars, negotiating elevators, etc., know that the difficulty of
such a maneuver would deter visits to the library.
In addition to considerations about parking, we urge you to make sure that
any development that goes into this site does not further create an
anti-retail, anti-family climate in the pedestrian mall. We have just lost
Mind Matters Toys and Freshens - both significant draws to the pedestrian
mall for families with children -- and we are about to lose the outdoor play
structure for over a year due to library construction. And it is hard to
ignore the fact that Iowa City did not actively lobby to bring the Children's
Museum and all the business it would have supported! to our downtown.
The number of families who hate driving to the mall - and hate shopping there
- but who go out there anyway to bring their kids to the Children's Museum
is more than you can imagine. All of those people constitute lost business in
downtown Iowa City.
And, though our public library is a jewel (which promises to be polished even
brighter), the downtown must offer more to families than just the library.
It is clear that both native Iowa City families and the many families who
have moved here in the past five years as part of a nationwide trend to
repopulate small towns, are yearning for reasons to go downtown - witness the
Friday night concerts in the summer, story hours at the library, and any
downtown festival in the pedestrian mall. It would be a real boon to the
downtown if the city required any proposed development to include at least
one space for a family-oriented organization perhaps an annex to the
Children's Museum, or something like it.
It also seems clear that this development ought to be fronted by a large
swath of green - grass and gardens not only to beautify the pedestrial
mall, but to widen it at that spot in order to allow sunshine into the upper
windows of the new library addition (as had been planned when those designing
the addition thought the parking lot would still be across the plaza}.
Iowa City still has a wonderful intact downtown. It offers the closeness of
small town life yet boasts the sophisticated, one-of-a-kind businesses found
in urban centers; those qualities are threatened when the downtown becomes
more service than retail, more bars than stores, more flat-fronted modern
behemoths than charming, original architecture.
We urge you to take time with the decision to develop this parking lot. We
urge you to take input from citizens - a groundswell of whom are concerned
about what will happen to this space. And finally, we implore you to consider
more than a temporary budget shortfall, instead looking to the long-term
health of the downtown.
Thank you for considering our comments.
Sincerely,
Barbara Schuler Canin and Ethan Canin
210 Richards Street
Iowa City, IA 52246
Email: SchulerBA@aol.com
Cc: Karin Franklin, City Planning Director
BARBARA & ETHAN CANIN
210 RICHARDS STREET
Iowa CITY, IOWA 52246
City Council Members ~X~k% M/I~ 0 8 200~
City Council Office ~ ~l~ ~[~'~
410 E. Washington Street
Iowa City, IA 52240
8 March 2001
Dear Members of the City Council:
We are writing you as concerned citizens, a family living within walking
distance of the downtown who wants to prevent further erosion of downtown
business to Coralville. As parents of two small children, we are also concerned
that the downtown is becoming less than fa~ly-friendly. We are wri~ng in
particular about the parking lot adjacent to the library, which we understand the
city plans to develop.
As the last si~ificant piece of downtown real estate, this space must be
developed wisely - with an eye to aesthetics, downtown character, and the needs
of the large numbers of families with young children now living in Iowa City,
families who use the library at least weekly, if not several times per week. One of
those needs is inexpensive and nearby public parking, one underground tier of
which, it seems to me, must be required of any developer who is awarded this
prime site. I have heard that the mayor was quoted as saying there are several
parking s~uctures within two blocks of the library, and that this should suffice;
but anyone who has tried to walk more than a block with two or three kids in
tow and an ar~oad of books, trying to keep the kids out of the way of cars,
negotiating elevators, etc., know that the difficulty of such a maneuver would
deter visits to the library.
In addition to considerations about parking, we urge you to make sure that any
development that goes into this site does not further create an anti-retail, anti-
family climate in the pedestrian mall. We have just lost Mind Matters Toys and
Freshens - both si~ificant draws to the pedes~ian mall for fa~lies with
children -- and we are about to lose the outdoor play structure for over a year
due to library construction. And it is hard to ignore the fact that Iowa City did
not actively lobby to bring the Children's Museum - and all the business it
would have supported~ - to our downtown. The number of fa~lies who hate
driving to the mall - and hate shopping there - but who go out there an~ay to
bring their kids to the Children's Museum is more than you can imagine. All of
those people constitute lost business in downtown Iowa City.
And, though our public library is a jewel (which pro~ses to be polished even
brighter), the downtown must offer more to families than just the library. It is
BARBARA & ETHAN CANIN
210 RICHARDS STREET
IOWA CITY, IOWA 52246
clear that both native Iowa City families and the many families who have moved
here in the past five years as part of a nationwide trend to repopulate small
towns, are yearning for reasons to go downtown - witness the Friday night
concerts in the summer, story hours at the library, and any downtown festival in
the pedestrian mall. It would be a real boon to the downtown if the city required
any proposed development to include at least one space for a family-oriented
organization - perhaps an annex to the Children's Museum, or something like it.
It also seems clear that this development ought to be froriled by a large swath of
green - grass and gardens - not only to beautify the pedestrian mall, but to
widen it at that spot in order to allow sunshine into the upper windows of the
new library addition (as had been planned when those designing the addition
thought the parking lot would still be across the plaza).
Iowa City still has a wonderful intact downtown. It offers the closeness of small
town life yet boasts the sophisticated, one-of-a-kind businesses found in urban
centers; those qualities are threatened when the downtown becomes more
service than retail, more bars than stores, more flat-fronted modern behemoths
than charming, original architecture.
We urge you to take time with the decision to develop this parking lot. We urge
you to take input from citizens - a groundswell of whom are concerned about
what will happen to this space. And finally, we implore you to consider more
than a temporary budget shortfall, instead looking to the long-term health of the
downtown.
Thank you for considering our comments.
Sincerely,
Barbara Schuler Canin and Ethan Canin
cc: Karin Franklin, City Planning Director
Marian Karr
From: tundi brady [tundibrady@yahoo.com]
Sent: Thursday, March 08, 2001 5:00 PM
To: council@iowa-city.org
Cc: karin_franklin@iowa-city.org
Subject: Development of the Linn St. Parking Lot
Dear City Council Members:
As parents of two small children, we are concerned
that the Iowa City downtown is becoming less
family-friendly. We are writing in particular about
the parking lot adjacent to the library, which we
understand the city is planning to develop. As the
last significant piece of downtown real estate, this
space must be developed wisely with an eye to
aesthetics, downtown character, and the needs of the
large numbers of families with young children now
living in Iowa City. We urge you to make sure that any
development that goes into this site does not further
create an anti-retail, anti-family climate in the
pedestrian mall. We have just lost Mind Matters Toys
and Freshens, both significant draws to the pedestrian
mall for families with children -- and we are about to
lose the outdoor play structure for over a year due to
library construction.
It is important to our family, as it is to many
others, to support downtown locally-owned businesses.
But as family-friendly activities and retail leave the
Pedestrian Mall, it becomes more and more inconvenient
to do so. Especially during Iowa's six months of cold
weather, young families are trekking to the Children's
Museum in Coralridge Mall, the North Liberty Rec
Center's morning Tot Lot and indoor running track and
The Playstation in Cedar Rapids. And, of course, our
money is leaving Iowa City each time we do. The public
library's story time is wonderful, but that is the
only draw to downtown in the winter and, as you
probably know, it is very crowded.
It would be a real boon to the downtown if the city
required any proposed development to include at least
one space for a family-oriented organization. It
offers the closeness of small town life yet boasts the
sophisticated, one-of-a-kind businesses found in urban
centers; those qualities are threatened when the
downtown becomes more service than retail, more bars
than stores, more flat-fronted modern behemoths than
charming, original architecture. We urge you to take
time with the decision to develop this parking lot. We
urge you to take input from citizens a groundswell of
whom are concerned about what will happen to this
space. And finally, we implore you to consider more
than a temporary budget shortfall, instead looking to
the long-term health of the downtown. Thank you for
considering our comments.
Sincerely, Tundi and Nate Brady
538 Kimball Rd.
Iowa City, IA 52245
Email: tundibrady@yahoo.com
Cc: Karin Franklin, City Planning Director
Page 1 of I
Marjan Karr
From: Chesca Colloredo-Mansfeid [chesca@inav.net]
Sent: Thursday, March 08, 2001 2:29 PM
To: council@iowa-city.org; karin-franklin@iowa-city.org
Subject: Downtown development
Dear City Council Members
I wanted to write to you since I hear that decisions are being made soon regarding the development of the
surface parking lot near the library. I understand the need to develop it, and am encouraged by reports that the
intention is to develop it thoughtfully. I just wanted to add my encouragement that it be done in such a way as
to:
1. Preserve some easy parking for parents trying to get to the library with their children. No other lots are very
easy - roads to cross, several blocks which mid-winter with an armful of books and kids can be an impediment.
2. Make it asthetically pleasing, Too much of the recent development downtown has been ugly, faceless
buildings, which are taking away from what is otherwise still a wonderful, friendly, small-town. downtown area.
Allowing space for greenery, planters etc. as well as keeping enough space so that that area of the peal mall is
still light and airy would be a great asset.
3. Make it family friendly. Downtown is increasingly over-run with bars. While I fully understand the need for
bars and am not an opponent of making sure that students' needs are met, I think that it is critical that the town
recognize the need to encourage family-oriented businesses to the downtown area. Already the Coralville Mall
has taken a lot of business away - and they make it a very easy place for families to go. The Children's
Museum, ice rink and John Deere play area are all instrumental in making it a very convenient place to go
shopping with kids. Many of us value the Iowa City downtown and want to support it. I do whatever I can to
shop downtown rather than go to the Mall because I value the experience. However, I believe donwtown is
getting ]eft behind and is at serious risk. I hope we take the opportunity with this new development to use it in a
way that maximizes the potential of downtown, rather than being something to raise a quick buck. It would be
wonderful to know that family oriented stores were given a break (toy stores. clothing stores, family style
restaurants even) to encourage them to stay downtown. Or perhaps, a public indoor play space could be
created so that families have an alternative to the outdoor play area in cold weather.
I appreciate you listening and trust that the development will be something that enriches Iowa City and
contributes to a vibrant downtown experience in the future.
Yours,
Chesca Colloredo-Mansfeld
136 Golfview Ave
iowa City, IA 52246
Chesca Colloredo-Mansfeld
Tel: (319) 341 9799
Fax: (319) 341 0225
3/8/01
Marjan Karr
From: whitebaer@mindspring.conn
Sent: Thursday, March 15, 2001 2:26 PM
To: council@iowa-city.org
Cc: karin-franklin@iowa-city.org
Subject: Building downtown
To whom it may concern:
I Id like to add my voice to those who have shown concern about the plans to
build where there is now a parking lot next to the library.
Now certainly one thinks the parking lot is a place of great Beauty. But it
does have certain advantages over many of the things that could replace it.
For starters, it is not a big ugly block of a building that walls off Linn
Street. And it does provide a place for people to put their automobiles when
they're at the library or elsewhere in the area. And, too, it contributes to
the open feeling that makes the Ped Mall a nice place for the grownups to
sit and the kids to play. These are not unimportant considerations.
I gather the City Council is pretty well convinced that building on the site
is the thing to do, but I urge you to keep in mind all those the quality of
life issues. I'm sure there will be proposals in response to your RFP that
take into account that rentable square footage is not the only criterion on
which a decision should be made. They should be considered very seriously.
It is, after all, the human environment that matters. One of the things that
distinguishes Iowa City from other towns and makes it a nice place to live
(we just move here from New York City) is its human scale.
Maybe even a little green space? iowa City could use a bit of that downtown.
Yours truly,
Tom Baer
262 Black Springs Circle
Iowa City, IA 52246
Marjan Karr
From: Judith Pascoe [iudith-pascoe@uiowa.edu]
Sent: Saturday, March 17, 2001 7:46 AM
To: council@iowa-city.org; karin-frankiin@iowa-city.org
Subject: library parking lot
Dear City Council Members and City Planning Director:
I am writing to express my concern about the development of
the library parking lot, which is part of a larger concern about the
character of downtown Iowa City. I hope you will make sure that a
highrise building does not go up in that space, blocking light from
the new public library, and adding little reason for families to
venture downtown. I would be in favor of cultivating public green
space or gardens. I would also be interested in modest development
that would encourage families to congregate downtown--perhaps some of
the lot could be devoted to an ice rink, and the same area could be
used as space for audiences viewing movies projected against the side
of the parking garage in summer time.
I believe that you have a crucial role to play in seeing that
the downtown does not become entirely populated by bars and ugly new
buildings that do not appreciably contribute to the quality of life
in Iowa City.
Thank you for your attention to this matter.
Yours sincerely,
Judith Paseoe
March 20m MAR I 9 20(ll
City Council of Iowa City '
410 E. Washington St.
Iowa City, Iowa 9FFIC[
b~r City Council ~embers:
As parents of two smell childr~ under the age of four, we ore concerned
that the Iowa City downtown is becoming less family-friendly. We are :
writing in particular about the parking lot adjac~t to the library, which we : . ~
understand the ci~ is planning ~o develop. As the last significant piece of
downtown r~l ~tate, this space must be developed wisely with an eye to "]
a~fhetics, downtown character, and the needs of the large numbers of
families with young childr~ now living in Zowa City. We urge you fo make
sure that any developm~t that goes into this site do~ not further cr~fe
an anti-fatal I, anti-fatal ly climate in the pedestrian mall, We have just lost L~ ~
Mind Matters Toys and Frohens, both signific~f draws to the pedestrian
roll for famili~ with childr~ -- and we are about fo lose the outdoor pl~
structure for over a year due fo libra~ co~truction.
Have you ever ventured downtown on warm spring or summer evening and
noticed the number of famili~ ~joying a bike ride or walk with small
children? Zt's amazing to see the outpouri~ of people who utilize this
downtown space for family time. ~t saddens us to ~ow that ~his opportuni~
~o meet triads, share an ice cram or coffee may be lost due To ill planned
development
~f would be a r~l boon fo the downtown if the ci~ r~uired any proposed
developm~t to include at I~st one space for a family-oriented organization.
~t offers the closen~s of small town life yet boasts the sophisticated, one-
of-a-kind business~ found in urban canfats: those qualiti~ ere fhr~ened
when the downtown becom~ more service than retail, more bars than
stor~, more flat-fronted modern behemoths than charming, original
architecture. We urge you fo take time with the decision to develop this
parking lot. We urge you to take input from cifiz~s a groundswell of whom
are concerned about what will happ~ to ~his space. And fi~lly, we implore
you to consider more than a tempora~ budget shortfall, inst~d looking to
the long-term h~lth of the downtown, ~ank you for considering our
co~¢n~s.
Sincerely,
Beth Chainberlin
824 Normandy Drive
Iowa City, IA 52246
Email: parkbeth~home. com
Marjan Karr
From: merrill [merrill@blue.weeg.uiowa.edu]
Sent: Monday, March 19, 2001 1:40 PM
To: councii@iowa-city.org
Cc: karin-franklin@iowa-city.org
Subject: Development of space next to the library
Dear City Council Members,
We recently relocated to Iowa City, largely because of its reputation for
being a good place to raise a family. Hence we are concerned about any
decisions that will jeopardize the quality of life here for families--in
particular, the future development of the parking lot adjacent to the libary.
We prefer to shop in downtown Iowa City, but it is hard to ignore the
attractions of the Coralridge Mall, especially during the winter. The
Children's Museum, the John Deere playscape, the ice-skating arena, the
merry-go-round, the family dining, children's clothing, and toy stores--these
sustain our children when it is too cold to play outside. Nothing like that
exists in Iowa City.
The library is indeed the only significant downtown draw for families. We
believe the development of the adjacent parking lot is an excellent
opportunity to target the needs of families and to prevent the further flight
of businesses to Coralville. Some suggestions: preserve some parking next to
the library (perhaps an underground tier); create an indoor playscape;
encourage family businesses and restaurants rather than more bars.
Thank you for considering our comments.
Lisa Gowdy-Merrill and Christopher Merrill
Christopher Merrill
Director
International Writing Program
470 English & Philosophy Building
The University of Iowa
Iowa City, IA 52242-1408
Phone (319)335-2609
Fax (319)335-3843
E-mail christopher-merrill@uiowa.edu
Page 1 of 1
~larian Rarr
From: Ramonahegsta{l@aol.com
Sent: Mort{lay, March lg, 2001 2:24 PM
To: Council@iowa-city.org
Subject: (no subject)
Dear City Council Members,
I am writing to voice a concern regarding the selling of the parking lot
across from the library. We have live{l in Iowa City for nearly 2 years now
an{l have 3 chil{lren un{ler the age of 7. One aspect of Iowa City that {lrew us
here was the family-frien{lly atmosphere of the pe{l. mall, library with
convenient parking, and playgreund equipment. Sadly, we unclerstan{l that
these items are in jeopardy. Please reconsi{ler the 2 items (green space an{l
bullcling height) that were submitte{l to the city council. We wish the
parking Iot woul{l remainlhowever, we un{lerstan{l the situation. Please ensure
the ped. mall continues to be a family-friendly place by carefully selecting
what is put in the place of the parking lot. Wouldn't it be great if we hact
some grass, trees and a (small) chil{l frien{lly bull{ling there instea{l?
Thanks for your time an{l thoughtful consideration.
Sincerely,
Mona Benson
3/19/01
March 20, 2001
City Council Members
City Council Office
410 E. Washington St.
Iowa City, IA
Dear Members of the City Council,
We are writing this letter in response to recent discussion about possible development of
the parking lot adjacent to the public library in downtown Iowa City. We are a family of
six with four young children and use the downtown area regularly throughout the year.
We have recently returned to Iowa City and have been concerned by some recent changes
in the downtown area. We encourage you to move forward cautiously and thoughtfully
in development of this area. Please consider the following:
-The pedestrian mall and library are two of the cornerstones of the downtown. Any
development should enhance these features.
-Please give serious consideration to including a component of public green space in this
area. This would certainly enhance the pedestrian mall and beautify the library entrance.
-Any development must be sensitive to the adjacent library to allow adequate exposure to
southern windows in the original building and new addition.
-Commercial development should give special consideration to "family friendly"
businesses and businesses which add to the diversity of retail, dining and entertairkment
experiences available. These businesses would bring families back to downtown and
enhance the atmosphere and opportunities for everyone downtown.
-Although parking has been, and always will be, a contentious issue in downtown Iowa
City, we feel additional parking does not necessarily have to be a component of this
parcel, but that consideration must be given to nearby parking access for library patrons.
-Attention must be given to the facade of any structure built, to enhance the look and feel
o f the downtown.
We know many families share similar feelings about these issues. Thank you for your
serious consideration of these ideas.
Sincerely,
Chris and Sheral Jensen
225 River St.
Iowa City, IA 52246
354-2184
Marjan Karr
From: LANKANN@aol.com
Sent: Monday, March 19, 2001 2:51 PM
To: council@iowa-city.org
Cc: karin-franklin@iowa-city.org; tundibrady@yahoo.com
Subject: library parking lot development
Dear Councilors,
I am in agreement with encouraging family friendly development on the parking lot across
from the library.
On this lot, I would like to see
1)Easily accessible parking for library patrons. This could be 12-15 parking spots which
do not require crossing streets or driveways, entering a car from the street or
negotiating an elevator. These spots could be reserved for library patrons during the
hours the library is open.
2)A ground floor child-oriented business such as a indoor recreation area, a casual
restuarant, an ice cream parlor or the New Pioneer Coop with a cafe area.
On this lot I would NOT like to see
1} A tall, ugly building.
2) A bar on the ground floor with student apartments above.
I feel Iowa City needs to agressively compete with the Coral Ridge Hall to draw families
to downtown. Development of this lot is a chance to start doing so.
Thank you for considering my comments.
Sincerely,
Sue Kann
1126 Teg Dr.
Iowa City, IA 52246
337-9911
lankann@aol.com
Marian Karr
From: jamesperryhowell@netscape.net
Sent: Tuesday, March 20, 2001 11:23 AM
To: council@iowa-city.org
Subject: parking lot development
Dear City Council:
As a business located downtown, we continue to £ollow with interest the city council's
debates concerning best usage of the open parking lot across from the public library. The
current short-term parking arrangment is of great benefit to our customers and we are in
support of maintaining the site as street-level, non-parking ramp, parking.
Our customer surveys indicate that problems with parking are the number one source of
dissatisfaction. The current parking usage of the downtown lot area addresses this
problem. For whatever reason, more ramp space is not seen as an acceptable alternative.
We urge the city council to consider the negative effects on already stressed downtown
businesses before cNanglng the current use of this space.
Yours sincerely,
Perry Howell, Psy. D.
Licensed Psychologist
for Anderson, Arnold, Koch, Harsh, Dickey, Jansen & Theilman, LLP
202 E. Washington St., Suite 202
Get your own FREE, personal Netscape Webmail account today at http://webmail.netscape.com/
Marian Karr
From: Erika Lehmann [elehmann@ucdavis,edu]
Sent: Monday, March 19, 2001 2:38 PM
To: council@iowa-city.org
Cc: karin-franklin@iowa-city.org
19 March, 2001
Dear City Council Members:
We are writing to contribute opinions for the Tuesday, March 20th city
council meeting that will address putting the parking lot adjacent to the
public library up for sale. As parents, homeowners, taxpayers, and voters,
we urge city council members to include the following in the RFP:
1. To include a grassy mini-park type space
2. To insure that the building that is developed is designed and situated in
such a way that it blocks the least amount of sunshine that now falls on the
library windows and the pedestrian mall
3. To design a building or buildings that complement the turn-of the-century
architecture that is in much of the downtown
4. To include at least one family-friendly retail space
Additionally, we would encourage city council members to pursue
family-friendly development. Since our arrival in Iowa City in the summer
of 1998, we have seen a gradual deterioration of the family atmosphere on
the pedestrian mall, Restaurants and retail establishments have closed only
to be replaced by bars.
One might argue that this should not impinge on family enjoyment of the
pedestrian mall area because the hours of family use and bar use do not
overlap. An incident in May 1999 demonstrates otherwise: drunken patrons
of the outdoor drinking area at what is now the Sheraton hotel disrupted a
late afternoon demonstration of Brazilian dance on the ped mall. The
disruption culminated in one intoxicated young man dropping his trousers and
exposing his genitals to all the children and parents who had assembled to
watch the dancers. While the man was arrested, his actions and those of his
compatriots ruined the event for all in attendance.
Incidents such as this, the subsequent increase of bars in downtown retail
space, as well as the closing of Mind Matters and Freshens Yogurt, have
served as disincentives for parents to patronize the remaining downtown
establishments.
Economically, this does not make sense for the city. The market for
nightclubs is largely limited to students, who have restricted incomes.
More student-oriented businesses merely shift money from other
student-oriented businesses and do not actually increase the sales tax base
for the city.
Conversely, a large market of families with far more disposable income is
left untapped. Throughout the week, families are traveling to the Children'
s Museum in Coralridge Mall, the North Liberty Rec Center's morning Tot Lot
and indoor running track and The Playstation in Cedar Rapids. Such outings
usually include lunch and even a snack, purchased from establishments in
those areas, not to mention the fees paid to the facilities themselves.
Failure by the city to adequately address the recreational needs of Iowa
City children (and parents), particularly in the winter, is drawing sales
tax dollars away from our city. Additionally, since the closing of I.C.
Kids, the entire Iowa City/Coralville area has been left without a store
where parents can find well-made, practical children's clothes: we and our
friends now purchase most of our children's clothing through mail-order or
on trips to Chicago. Again, this represents a loss of sales tax revenue
1
from Iowa City to other locations.
Development that attempts to reclaim the family atmosphere of the pedestrian
mall will attract families and their spending patterns to downtown
businesses. Maintaining the open atmosphere and ample sunshine on the
library and play structure (which makes it the first playground in Iowa City
that is snow-free and suitable for use in the spring), developing space
aesthetically consistent with the old-brick architecture, and promoting
family-friendly businesses, will provide families with good reasons to spend
their time and money in Iowa City.
We appreciate your attention to this issue and trust that the development
will be something that enriches Iowa City and contributes to a vibrant
downtown experience in the future for all Iowa City residents.
Yours,
Erika R Lehmann, PhD
John F Garcia, PhD
1519 Center Avenue
Iowa City, IA 52240
Cc: Karin Franklin, City Planning Director
Prepared by: Karin Franklin, Director, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232
RESOLUTION NO. 01-69
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND JUSTINE ZIMMER, SCULPTOR, FOR A SCULPTURE TO BE
PLACED ON THE ROTATING SCULPTURE PROGRAM PAD IN THE
DOWNTOWN PEDESTRIAN MALL AND AUTHORIZING THE MAYOR TO
EXECUTE AND CITY CLERK TO ATTEST THE SAME,
WHEREAS, the Epicenter Group has received a grant from the National Endowment for the Arts
to support their efforts to create a cultural district in downtown Iowa City, including the placement
of a sculpture on the Pedestrian Mall; and
WHEREAS, the Epicenter Group has donated, in part, this sculpture to the Iowa City Public Art
Program; and
WHEREAS, the Epicenter Group has engaged Justine Zimmer, a local sculptor, to design,
fabricate, and install a sculpture called "Tornado"; and
WHEREAS, the City Council accepted this donation at their meeting of February 6, 2001; and
WHEREAS, "Tornado" will be the first of a sequence of sculptures created by Iowa artists to be
placed in the pedestrian mall as part of a rotating sculpture exhibit; and
WHEREAS, "Tornado" will be placed on this pad for at least one year and then moved to another
appropriate public art location in Iowa City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Agreement between the City of Iowa City and Justine Zimmer, sculptor, for the design,
fabrication, and installation of "Tornado" on a sculpture pad in downtown Iowa City, a copy of
which is attached hereto, is hereby approved as to form and content.
2. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement.
Passed and approved this 20th day of f4arch ,20 01
C City Attorney's Office '
Resolution No. 01-69
Page 2
It was moved by Champion and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
~ O'Donnell
X Pfab
X Vanderhoef
X Wilburn
CITY OF IOWA CITY
PUBLIC ART PROGRAM
PEDESTRIAN MALL - ROTATING SCULPTURE PROGRAM PAD
AGREEMENT BY AND BETWEEN OWNER AND ARTIST
THIS AGREEMENT is made on ~c~ )~l 2a~l between the City of Iowa City,
hereinafter referred to as the OWNER, and Justine Zimmer, hereinafter referred to as the
ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of
Planning and Community Development or his/her designee. The COMMITTEE shall be the
Public Art Advisory Committee.
WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted
the proposal for Tornado. a sculpture created by the ARTIST, for installation on the sculpture
pad designated for the Rotating Sculpture Program, located on the downtown Iowa City
Pedestrian Mall. Said sculpture is hereinafter collectively referred to as ART WORK. A copy of
said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal").
NOW, THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the parties agree as follows:
Article 1. Scope of Services
1.1 General
a. The ARTIST shall perform all services and furnish all supplies, materials and
equipment as necessary for the design, execution, fabrication, transportation and installation of
the ART WORK at the site, with the exception of the anchoring bolts within the sculpture pad.
b. The ARTIST shall at all stages of execution, fabrication and installation coordinate
the work with the OWNER'S REPRESENTATIVE.
1.2 Execution of the Work
a. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for
completion of fabrication and installation of the ART WORK, including a schedule for the
submission of progress reports, if any. The schedule must be approved by OWNER'S
REPRESENTATIVE. After written approval of the schedule by the OWNER'S
REPRESENTATIVE, the ARTIST shall fabricate, transport and consult with the OWNER'S
REPRESENTATIVE on the installation of the ART WORK in accordance with such schedule.
Such schedule may be amended by written agreement between the OWNER'S
REPRESENTATIVE and the ARTIST.
b. The OWNER shall have the right to review the ART WORK at reasonable times
during the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in
accordance with the schedule provided for in Section 1.2 (a).
c. The ARTIST shall complete the fabrication and ensure installation of the ART WORK
in substantial conformity with the Proposal and with the specifications for metal bolts/anchors as
provided by the City.
d. The ARTIST shall present to the COMMITTEE in writing for further review and
approval any significant changes in scope, design, color, size, material or texture of ART
WORK not permitted by or not in substantial conformity with the Proposal. A significant change
is any change in the scope, design, color, size, material, texture or location of the site of the
ART WORK which affects installation, scheduling, site preparation or maintenance for the ART
2
WORK or the concept of the ART WORK as represented in the Proposal.
1.3 Delivery and Installation
a. The ARTIST shall notify the OWNER'S REPRESENTATIVE when the fabrication of
the ART WORK is completed and the ARTIST is ready for its delivery and installation at the
site.
b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than thirty
(30) days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery
time, location and agent designated by the OWNER'S REPRESENTATIVE.
c. The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE on the
installation of the completed ART WORK at the site in compliance with the schedule approved
pursuant to Section 1.2 (a).
d. The ARTIST shall provide the steel pad shown in Exhibit B no fewer than thirty (30)
days prior to the ARTIST'S intended time of delivery. The OWNER shall be responsible for all
expenses, labor and equipment to prepare the site for the timely installation of the ART WORK.
OWNER shall also be responsible for providing a sculpture pad with adequate bolts to support
and secure the ART WORK.
e. The ARTIST will be responsible for delivering the ART WORK to the site where the
ART WORK will be installed and installing the ART WORK.
1.4 Post Installation
a. The OWNER shall arrange photographic documentation of the site and the installed
ART WORK at the site.
b. The ARTIST shall be notified of any dates and times for presentation ceremonies
relating to the ART WORK.
c. Upon installation of the ART WORK, the ARTIST shall provide to the OWNER'S
REPRESENTATIVE written instructions for appropriate maintenance and preservation of the
ART WORK.
1.5 Final Acceptance
a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all
services in Sections 1.1 through 1.4 (c) have been completed in substantial conformity with the
Proposal. This date shall be no later than 3 months after receipt of payment by the ARTIST as
detailed in Section 2.1.
b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S
final acceptance of the ART WORK.
c. Final acceptance shall be effective on the date of the OWNER'S
REPRESENTATIVE'S written notification to ARTIST of final acceptance.
1.6 Risk of Loss
The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final
acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to
protect the ART WORK from loss or damage until final acceptance. The ARTIST shall not be
ppddldsgb'zimmer doc
3
responsible for loss or damage due to vandalism, theft, accidents, or acts of God once
installation of the ART WORK is complete.
1.7 Liability, Indemnification and Insurance
a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers,
employees, and agents harmless from any and all loss, cost, damage and expense (including
reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason
of any claims, actions or suits based upon or alleging bodily injury, including death, or property
damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under
this agreement, whether such be by ARTIST herself or by any subcontractor or by anyone
directly or indirectly employed by the ARTIST.
b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted
by law, and without waiving any immunities available thereunder, indemnify and hold harmless
the ARTIST against any and all claims or liabilities thereafter made in connection with the ART
WORK, the site, the project or this agreement, except claims by the OWNER against the
ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties
provided in Article 4.
c. The ARTIST and all employees or subcontractors of the ARTIST shall each effect and
maintain insurance to protect the ARTIST from claims under workers compensation acts;
claims for damages because of bodily injury including personal injury, sickness or disease, or
death of any of the ARTIST'S employees or of any person other than the ARTIST'S employees;
and from claims for damages because of injury to or destruction of tangible property; including
loss of use resulting therefrom; and from claims arising out of the ARTIST'S performance of
professional services caused by errors, omissions, or negligent acts.
1.8 Title
Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the
completed ART WORK
Article 2. Compensation and Payment Schedule
2.1 Fixed Fee
The OWNER shall pay the ARTIST a fee not to exceed Seventeen Hundred Dollars $1,700
which shall constitute full compensation for all fees, services, expenses, and materials to be
performed and furnished by the ARTIST under this agreement. Expenses shall include all
travel and lodging required for the ARTIST to fulfill the ARTIST'S obligations under this
contract. The fee shall be paid in one installment upon execution of this contract.
2.2 ARTIST'S Expenses
The ARTIST shall be responsible for the payment of all mailing or shipping charges on
submissions to the OWNER'S REPRESENTATIVE, the cost of transporting the ART WORK to
the site and the costs of all travel and lodging by the ARTIST and the ARTIST'S agents and
employees necessary for the proper performance of the services required under this
agreement.
Article 3. Time of Performance
3.1 Duration
ppddir/agt~zimmerdcc
4
The services to be required of the ARTIST as set forth in Article I shall be completed in
accordance with the schedule for completion of the ART WORK as proposed by the ARTIST
and approved by the OWNER'S REPRESENTATIVE pursuant to Section 1.2, provided that
such time limits may be extended or otherwise modified by written agreement between the
ARTIST and the OWNER'S REPRESENTATIVE.
3.2 Construction Delays
If, when the ARTIST completes fabrication or procurement of the ART WORK in accordance
with the approved schedule and notifies the OWNER that the ART WORK is ready for
installation, the ARTIST is delayed from installing the ART WORK within the time specified in
the schedule because OWNER has not prepared the site for installation as specified in Section
1.3(d) hereof as a result of the improvements not being completed on the site to permit
installation of the ART WORK, the OWNER shall provide storage, or reimburse the ARTIST for
reasonable transportation and storage costs incurred for the period between the time provided
in the schedule for commencement of installation and the date upon which the site is sufficiently
complete to reasonably permit installation of the ART WORK. In addition, the OWNER shall
reimburse the ARTIST for reasonable costs incurred by ARTIST for additional travel or
unnecessary time spent on the site due to delays caused by the OWNER. Such
reimbursements shall be expenses in addition to the Fixed Fee enumerated in Section 2.1.
3.3 Early Completion of ARTIST Services
The ARTIST shall bear any transportation and storage costs resulting from the completion of
the ARTIST'S services prior to the time provided in the schedule for installation.
3.4 Time Extensions
The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST
in the event that there is a delay on the part of the ARTIST in performing its obligations under
this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render
timely performance of the ARTIST'S services impossible or unforeseeably burdensome.
Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event
that there is a delay on the part of the OWNER in performing its 'obligations under this
Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely
performance of the OWNER'S services impossible or unforeseeably burdensome. Failure to
fulfill contractual obligations due to conditions beyond either party's reasonable control will not
be considered a breach of contract; provided that such obligations shall be suspended only for
the duration of such condition.
Article 4. Warranties
4.1 Warranties of Title
The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic
effort of the ARTIST; (b) except as otherwise disclosed to OWNER in writing prior to the
execution of this agreement, the ART WORK is unique and original and does not infringe upon
any copyright; and (c) the ART WORK is free and clear of any liens from any source whatever.
4.2 Warranties of Quality and Condition
The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK
will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will
be free of defects in material and workmanship, including any defects consisting of inherent
qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance
5
recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if
followed, will achieve their intended result.
The OWNER shall give notice to the ARTIST of any observed breach with reasonable
promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER,
cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST
and which cure is consistent with professional conservation standards (including, for example,
cure by means of repair or refabrication of the ART WORK).
Article 5. Reproduction Rights
5.1 General
Except as limited heroin, the ARTIST retains all rights under the Copyright Act of 1976, 17
U.S.C., 101 at. Seq., and all other rights in and to the ART WORK except ownership and
possession. The ARTIST grants to the OWNER and its assigns a royalty-free, irrevocable
license to make two or three dimensional reproductions of the ART WORK for educational
and/or non-commercial purposes, including but not limited to reproductions used in advertising,
calendars, posters, brochures, media, publicity, catalogues, museum, educational and
development projects, or other similar publications, provided that these rights are exercised in a
professional manner.
5.2 Notice
All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice
substantially in the following form: ~ [ARTIST'S NAME], date of publication.
5.3 Registration
On completion of the ART WORK, the ARTIST agrees to file the records, including ARTIST'S
identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113
(d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as
to permit notification of intent to remove the ART WORK.
Article 6. ARTIST'S Rights
6.1 Identification
The OWNER shall, at its expense, prepare and install at the site a plaque identifying the
ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain
such notice to the extent as may be practicable.
6.2 Maintenance
The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to
the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the
ART WORK is properly maintained and protected, taking into account the instructions of the
ARTIST provided in accordance with Section 1.4 (c).
6.3 Alteration of the Work or of the Site
a. Except as provided under subsection 6.3(b), below, the OWNER agrees that it will
not intentionally damage, alter, modify or change the ART WORK without the prior written
approval of the ARTIST.
ppddir/ag~/zimmer doc
b. The OWNER reserves the right to alter the location of the ART WORK; relocate the
ART WORK to another site; and remove the ART WORK from public display. The following
provisions shall apply to relocation or removal:
(i) While the OWNER shall attempt to remove ART WORK in such a way as to
not affect the ART WORK, it is the parties understanding that such removal may result in
damage, alteration, modification, destruction, distortion or other change of the ART WORK.
The ARTIST acknowledges that this provision shall qualify under 17 U.S.C. Section 113 (d) so
as to waive rights under 17 U.S.C. Section 106A.
(ii) If, at the time of removal, it is determined that the ART WORK may be
removed without damage, alteration, modification, destruction, distortion or other change,
OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3).
c. The ART WORK will be placed on a sculpture pad in the downtown pedestrian mall
intended for a rotating sculpture exhibit of Iowa sculptors for a period of at least one year. After
this period, the OWNER may relocate the sculpture to another public art location of its choice.
The OWNER shall give notice to the ARTIST of the relocation and destination of the ART
WORK.
6.4 Permanent Record.
The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this
Agreement and the location and disposition of the ART WORK.
Article 7. ARTIST as Independent Contractor.
The ARTIST shall perform all work under this Agreement as an independent contractor and not
as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any
employee or official of the OWNER, nor shall the ARTIST exercise supervision over any
employee or official of the OWNER.
Article 8. Assignments, Transfer, Subcontracting
8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any
such transfer shall be null and void and shall be cause to annul this Agreement.
8.2 Subcontracting by ARTIST
The ARTIST may subcontract portions of the services to be provided hereunder at the
ARTISTS expense provided that said subcontracting shall not negatively affect the design,
appearance, or visual quality of the Proposal and shall be carried out under the personal
supervision of the ARTIST. The ARTIST must obtain approval from the OWNER'S
REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE
does not approve the hiring of any subcontractor, another subcontractor must be submitted for
approval by the OWNER'S REPRESENTATIVE.
Article 9. Termination
If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper
manner, or otherwise violate, any of the covenants, agreements or stipulations material to this
agreement, the other party shall thereupon have the right to terminate this agreement by giving
written notice to the defaulting party of its intent to terminate specifying the grounds for
termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the
default. If it is not cured, then this agreement shall terminate. In the event of default by the
ppddirlagt/zimmerdoc
7
OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the
ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished
drawings, sketches, photographs, and other work products prepared and submitted or prepared
for submission by the ARTIST under this agreement shall at the OWNER'S option become its
property, provided that no right to fabricate or execute the ART WORK shall pass to the
OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services
performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by
the OWNER in exchange for all finished and unfinished related ART WORK. Notwithstanding
the previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages
sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the
OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount
of such damages due the OWNER from the ARTIST is determined.
Article 10. Compliance
The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and
regulations applicable to the performance of the ARTIST'S services under this agreement.
Article 11. General Terms
11.1. The ARTIST shall not commit any of the following employment practices and agrees
to prohibit the following practices in any subcontracts:
11.1.1 To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity, or sexual
orientation.
11.1.2 To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability, age,
marital status, gender identity, or sexual orientation.
11.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose
of the Project shall be as an independent contractor and shall be exclusive, but the
ARTIST shall have the right to employ such assistance as may be required for the
performance of the Project.
11.3 It is agreed by the OWNER that all records and files pertaining to information needed
by the ARTIST for the project shall be available from OWNER upon reasonable
request of the ARTIST. The OWNER agrees to furnish all reasonable assistance in
the use of these records and files.
11.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council
relative to the work set forth in this Agreement as deemed necessary. Any requests
made by the OWNER shall be given with reasonable notice to ARTIST to assure
attendance.
11.5 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.
11.6 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa
Code prohibits a City officer or employee from having an interest in a contract with the
City, and certifies that no employee or officer of the City, which includes members of
the City Council and City boards and commissions, has an interest on behalf of the
ppddir/agt/zimmerdoc
8
ARTIST, either direct or indirect, in this agreement, that does not fall within the
exceptions to said statutory prohibition enumerated in Section 362.5.
Article 12. Entire Agreement
This writing embodies the entire agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
Article 13. Modification
No alteration, change, or modification of the terms of the Agreement shall be valid unless made
in writing and signed by both parties hereto and approved by appropriate action of the OWNER.
ARTIST OWNER
J "l~rnest W. Lehman, Mayor
ATTEST
I~Ka~rr, City Clerk
City Attorney'$ OffiCe
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It
Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138
RESOLUTION NO. 01-70
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATI'EST A CONTRACT FOR
CONSTRUCTION OF THE FOSTER ROAD AND MORMON TREK BOULEVARD
LANDSCAPING PROJECT.
WHEREAS, Iowa City Landscaping of Iowa City, Iowa has submitted the lowest responsible bid of
$41,668.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Iowa
City Landscaping 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 20th day of Hatch ,20 01
AYOR
Ap~_~
ATTEST:C, iT~EERK_~:~ ~ . ~
City Attorney's Office
It was moved by 0'Donne] ] and seconded by W ~ ] bu ~'n the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
'~' Vanderhoef
X Wilburn
pweng~res~fostermormon dcc
9/99
ADVERTISEMENT FOR BIDS
IOWA CITY STREET IMPROVEMENTS
MORMON TREK BOULEVARD AND FOSTER
ROAD LANDSCAPING
Sealed proposals will be received by the City
Clerk of the C~jhty of Iowa City, Iowa, until 10:30
A.M. on the 20 day of March, 2001, and shall be
received in the City Clerk's office no later than
said date and time. Sealed proposals will be
opened immediately thereafter by the City
Engineer. Bids submitted by fax machine shall
not be deemed a 'sealed bid' for purposes of this
Project. Proposals will be acted upon by the City
Council at a meeting to be heldthin the Council
Chambers at 7:00 P.M. on the 20 day of March,
2001, or at such later time and place as may then
be scheduled.
The Project will involve landscaping
improvements for Mormon Trek Boulevard from
Highway 1 to Abbey Lane. The project will also
involve landscaping improvements for Foster
Road from No Name Road to the EIk's Drive.
The Project will involve the following: planting
trees, shrubs, surface restoration, and
miscellaneous related work.
All work is to be done in strict compliance with
the plans and specifications prepared by Howard
R. Green Company, 325 E. Washington St., Suite
200, Iowa City, IA 52240, which have heretofore
been approved by the City Council, and are on file
for public examination in the Office of the City
Clerk.
Each proposal shall be completed on a form
furnished by the City, and must be accompanied
in a sealed envelope, separate from the one
containing the proposal by a bid bond executed
by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of
the bid. The bid security shall be made payable
to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forfeited to the City of
Iowa City in the event the successful bidder fails
to enter into a contract within ten (10) calendar
days and post bond satisfactory to the City
insuring the faithful performance of the contract
and maintenance of said Project, if required,
pursuant to the provisions of this notice and the
other contract documents. Bid bonds of 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 improvement for a period
of one (1) year(s) from and after its completion
and formal acceptance by the City.
The following limitations shall apply to this
Project:
Notice to Proceed Date: April 2, 2001
Completion Date November 30, 2001
Liquidated Damages: $50.00 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and
specifications and form of proposal blanks may
be secured at the office of Howard R. Green
Company, Consulting Engineers, 325 E.
Washington St., Suite 200, Iowa City, IA 52240,
by bona fide bidders.
A $25.00 deposit is required for each set of
plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to Howard R.
Green Company. The deposit amount is not
refundable.
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
subcontract. This list shall include the type of
work and approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with
quantities, unit prices and extended dollar
amounts. 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, Section 23.21, Code
of Iowa (1997), 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
03-20-01
14
Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (31 9/)3~6-5138
~, RESOLUTION NO.
SRiE:NOLA~DON AWARDING CONTRACT AND AUTHORIZING MAYOR TO
THE CITY CLERK TO ATTEST A FOR
CONSTRUCTION OF THE FOSTER ROAD AND MORMON
LANDSCAPli~ PROJECT.
WHEREAS, '\, Of has submitted the lowest
responsible bid of $ \ for construction of the project.
NOW, THEREFORE, BE IT R\ESOLVED BY THE CITY OF THE CITY OF IOWA
\
CITY, IOWA, THAT:
1. The contract for the construbtion of the project is hereby awarded to
the condition that awardee secure
adequate performance and certificates, and contract compliance
program statements.
2. The Mayor is hereby authorized to and the City Clerk to attest the contract for
construction of the above-named ~ubject to the condition that awardee secure
adequate performance and ~urance certificates, and contract compliance
program statements.
Passed and approved this ay of ,20
MAYOR
ATTEST:
o~LTb~LER and seconded Cih
It was m by the Resolution be
adopted, and upon )"~1 call there were:
AY/~S: NAYS: ABSENT:
/ Cham
~" Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
pweng',res\fostermormon.doc
9/99
B03-20-01
15
Prepared by: Marilyn Kriz. Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-__
RESOLUTION NO. 01-71
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY AND THE DUNBAR/JONES PARTNERSHIP OF DES
MOINES TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
HICKORY HILL PARK TRAIL IMPROVEMENT.
WHEREAS, the City of Iowa City desires to construct an accessible nature trail system in
Hickory Hill Park; and
WHEREAS, the City of Iowa City desires to contract for the following relative to the project:
design, letting services, project administration and construction inspection; and
WHEREAS, an Agreement for professional landscape architecture and engineering services
has been negotiated with the Dunbar/Jones Partnership of Des Moines; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with the
Dunbar/Jones Partnership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Consultant's Agreement is in the public interest, and is approved as to form and
content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the Consultant's
Agreement, in duplicate.
Passed and approved this 20th day of rvla~'ch ,20 01
Approved by
City Attorney's Office
It was moved by W'i '1 bu~'n 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
× Vanderhoef
X Wilburn
CONSULTANT AGREEMENT
THIS AGREEMENT, entered into this .2D day of /~A~.t~ ,2001,
by and between the City of Iowa City, a municipal corporation, hereinafter
referred to as the City and the Dunbar/Jones Partnership, of Des Moines,
Iowa, hereinafter referred to as the Consultant.
WHEREAS the City desires construction documents for trail improvement
in Hickory Hill Park to be prepared.
WHEREAS the Consultant has agreed to provide services including design
development, cost estimates, construction documents, specifications and
assistance with bidding.
NOW THEREFORE, it is agreed by and between the parties hereto that the
City does now contract with the Consultant to provide the services set forth
herein.
I. SCOPE OF SERVICES
Consultant shall complete the following services for the City, and to do so
in a timely and satisfactory manner.
A. BASIC SERVICE
A. 1 Pre-Des~qn Workshop and Site Visit
Meet with Steering Committee, staff, and consultant team to review
project timetable, available information. and issues and concerns;
conduct a visit of the site with members.
A.2 Commissions/Staff/Landowner Workshop
Meet with the Parks Commissions, City Staff, and surrounding
landowners to review project goals, refine project schedule, identify
known issues, and identify development criteria.
A. 3 Base Map Preparation
Develop a digital base map of existing conditions (utilizing available
information), which are pertinent to the implementation of the Hickory
Hill Park Master Trail Plan.
A.4 On-Site Review of Trail Alianrnent
Utilizing the approved Hickory Hill Park Master Trail Plan, conduct an
analysis of site conditions (natural, environmental. and cultural) along
the proposed trail alignment that may affect the implementation of the
. proposed trails. After a review of site conditions, Consultant and Client
will stake a preliminary trail alignment to be surveyed. Assist the Client
with a walk-through/review of the staked trail with the Steering
Committee.
A.5 DesLqn Development Documents
Based upon the Hickory Hill Park Master Trail Plan and input to date,
prepare Design Development Documents for proposed trails and
trailhead area, bridges, trail signage, enhancement of three wetland
areas, repair of stream bank erosion at two locations, trail overlook,
and benches along the trail. Develop a cost estimate based on
Design Development Documents.
A.6 Desiqn Development Documents Review
Conduct a workshop with the Client and the Steering Committee to
review Design Development Documents and Cost Estimates.
A, 7 Preliminary Construction Documents
Based on the approved Design Development Documents, prepare
plans and specifications for bidding of the project that meet Client
requirements and prepare detailed cost estimate. Prior to bidding,
submit the documents to the Client for approval.
A.8 Final Construction Plans
Based on Client review comments, prepare Final Construction Plans
for bid letting in July 1, 2001.
B. CONSTRUCTION
B.1. Construction Phase-Administration of the Construction Contract.
B.1.1. The Landscape Architect's responsibility to provide Basic Services
for the Construction Phase under this agreement begins with the
award of the Contract for Construction and terminates with the
issuance of the final Certificate for Payment to the Client.
B.1.2. The Landscape Architect shall provide administration of the
Contract for Construction as set forth below.
B.1.3. Duties, responsibilities and limitations of authority of the
Landscape Architect shall not be restricted, modified or extended
without written agreement of the Client and Landscape Architect.
B.1.4. The Landscape Architect shall be a representative of and
shall advise and consult with the Client during construction until
final payment to the Contractor is due.
B.1.5. The Landscape Architect shall make visits to the site at intervals
appropriate to the stage of construction or as otherwise agreed by
the Client and Landscape Architect in writing, in order to become
Hicko~ Hill Park Trail improvement Construction Documents Contract 2
generally familiar with the progress and quality of the Work
completed and to determine in general if the Work is being
performed in a manner indicating that the Work when completed
will be in accordance with the Contract Documents. However, the
Landscape Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of
the Work. On the basis of on-site observation as a Landscape
Architect, the Landscape Architect shall keep the Client informed of
the progress and quality of the Work, and shall endeavor to guard
the Client against defects and deficiencies in the Work.
B.1.6. The Landscape Architect shall not have control over or charge of
and shall not be responsible for construction means, methods
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are solely
the Contractor's responsibility under the Contract for Construction.
The Landscape Architect shall not be responsible for the
Contractors schedules or failure to carry out the Work in
accordance with the Contract Documents. The Landscape
Architect shall not have control over or charge of acts or omissions
of the Contractor, Subcontractors, or their agents or employees, or
of any other persons performing portions of the Work.
B.1.7. The Landscape Architect shall at all times have access to the Work
whenever it is in preparation or progress.
B.1.8. The Landscape Architect shall have authority to reject Work, which
does not conform to the Contract Documents. Whenever the
Landscape Architect considers it necessary or advisable for
implementation of the intent of the Contract Documents, the
Landscape Architect will have authority to require additional
inspection or testing of the Work in accordance with the provisions
of the Contract Documents, whether or not such Work is fabricated,
installed or completed. However, neither this authority of the
Landscape Architect nor a decision made in good faith either to
exercise or not to exercise such authority shall give rise to a duty
or responsibility of the Landscape_Architect to the Contractor,
Subcontractors, material and equipment suppliers, their agents or
employees, or other persons performing portions of the work.
B.1.9. The Landscape Architect shall assist the Client in the review and
approval or take other appropriate action upon Contractors
submittals such as Shop Drawings, Product Data and Samples, but
only for the limited purpose of checking for conformance with
information given and the design concept expressed in the
Contract Documents. The Landscape Architect's action shall be
taken with such reasonable promptness as to cause no delay in the
Work or in the construction of the Client or of separate contractors,
Hickon/Hill Park Trail Improvement Construction Documents Contract 3
while allowing sufficient time in the Landscape Architect's
professional judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the
accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractor,
all of which remain the responsibility of the Contractor to the extent
required by the Contract Documents. The Landscape Architect's
review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Landscape Architect, of
construction means, methods, techniques, sequences or
procedures. The Landscape Architect's approval of a specific item
shall not indicate approval of an assembly of which the item is a
component. When professional cedification of performance
characteristics of materials, systems or equipment is required by
the Contract Documents, the Landscape Architect shall be entitled
to rely upon such certification to establish that the materials,
systems or equipment will meet the performance criteria required
by the Contract Documents.
B.1.10. The Landscape Architect shall assist the Client in the approval
of Change Orders and Construction Change Directives prepared
by the Client in accordance with the Contract Documents, and may
authorize minor changes in the Work not involving an adjustment in
the Contract Sum or an extension of the Contract Time which are
not inconsistent with the intent of the Contract Documents, with
concurrence of Client.
B.1.11. The Landscape Architect shall conduct inspections to assist
Client in determining the date or dates of Substantial Completion
and the date of final completion, and shall receive and forward to
the Client for review and records written warranties and related
documents required by the Contract Documents and assembled by
the Contractor, and the Client shall issue a final Cedificate for
Payment upon compliance with the requirements of the Contract
Documents.
B.1.12. The Landscape Architect shall assist the Client by interpreting
and deciding matters concerning performance of the Contractor
under the requirements of the Contract Documents on written
request of either the Client or Contractor. The Landscape
Architect's response to such requests shall be made with
reasonable promptness and within any time limits agreed upon.
B.1.13. Interpretations and decisions of the Landscape Architect shall
be consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing in the form of drawings.
When making such interpretations and initial decisions, the
Hickoff Hill Park Trail Improvement Construction Documents Contract 4
Landscape Architect shall endeavor to secure faithful performance
by the Contractor, and shall not be liable for results of
interpretations or decisions so rendered in good faith.
B.1.14. The Landscape Architect shall render written recommendations
within a reasonable time on all claims, disputes or other matters in
question between the Client and Contractor relating to the
execution or progress of the Work as provided in the Contract
Documents.
B.1.15. The Landscape Architect shall provide a set of construction
documents illustrating changes of layout, materials, utilities, or
other major items. Minor changes in grades or dimensions shall
not require documentation.
C. CLIENT RESPONSIBILITY
C.1 The Client shall be responsible for providing reports, mapping,
and other information pertinent to the project as identified by the
Landscape Architect and reasonably necessary for the project.
The Client shall be responsible for timely participation, scheduling,
and decision making when required.
II. TIME OF COMPLETION
The schedule outlined in paragraphs A. 1 through A.9 is preliminary and will be
~nalized by the committee after contract agreement.
A.1. Pre-Design Workshop/Site Visit March 2001
A.2. Commissions, Staff, Landowner Workshop March 2001
A.3. Base Map Preparation March 2001
A. 4.On-Site Review of Trail Alignment March 2001
A.5. Design Development Documents April 2001
A.6. Design Development Document Review April 2001
A.7. Preliminary Construction Documents May 2001
A.8. Final Construction Documents June 2001
B.1. Administration of Construction Contract July 1, 2001
Services outlined in paragraphs B.1 through B.1~15 shall be completed as a
function of the construction sequence.
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment
practices and agrees to prohibit the following in subcontracts.
1. To discharge or refuse to hire any individual because of their race,
color, religion, sex, national origin, disability, age, marital status,
gender identity, or sexual orientation.
Hickory Hill Park Trail Improvement Construction Documents Contract 5
2. 'To discriminate against any individual in terms, conditions, or
privileges of employment because of their race, color, religion,
sex, national origin, disability, age, marital status, gender
identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be
paid for all work and services performed to the date 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
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 of 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.
Hickon/Hill Park Trail Improvement Construction Documents Contract 6
I. The Consultant agrees to furnish all reports, specifications, and
drawings, with the seal of a professional landscape architect affixed
thereto or such seal where 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 Consultant's 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
Fees for Services outlined in paragraph I-A.l.through B.1.15 shall be paid
based on the following schedule.
A. 1 Pre-Design Workshop/Site Visit ......................................$560
A.2 Commission. Staff, Landowner Workshop $540
A.3 Base Map Preparation ................ $800
A.4 On-Site Review of Trail Alignment ....: .........................$2,300
A.5 Design Development Documents ........ $7,000
A.6 Design Development Review ............. $930
A.7 Preliminary Construction Documents -- $10,000
A.8 Final Construction Documents ............... $4,026
B.1. Administration of Construction Contract $6.300
TOTAL TIME - $32,456
Hickory Hill Park Trail Improvement Construction Documents Contract 7
EXPENSES $34,005
Engineering (Van Winkle-Jacob Engineering, Inc.) $29,500
Layout Trail Alignment ..............$2,800
Topographic Survey .................$7,000
Digital Base .............................$2,500
Bridge Hydraulics .....................$7,000
DNR Permit ...............................$3,800
Structural Design ......................$6,400
Terracon
Soil Borings $3,500
Mileage 500 @ $.31 $155
Construction Document Copies 20 @ $20 $400
Reproduction/Photo/Mapping $1 O0
F AXIFilmlPhonelPostagelDelivery $100
Misc. Materials/Graphic Supplies $250
TOTAL TIME AND EXPENSES ......................................................$66,461
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in
accordance with the generally accepted standards of the
Landscape Architecture Profession.
B. It is further agreed that there are no other considerations or
monies contingent upon or resulting from the execution of this
Agreement, that it is the entire Agreement, and that no other
monies or considerations have been solicited.
C. The Landscape Architect may use photographs, drawings, and
renderings of this project in the Landscape Architect's
promotional material.
D. The Landscape Architect shall carry a minimum $500,000.00
professional liability insurance during and for a period of two
years following Council acceptance of this project.
E. Nothing contained in this agreement shall create a contractual
relationship with or cause of action in favor of a third party
against the City or Landscape Architect.
Hickory Hill Park Trail Improvement Construction Documents Contract 8
F.. The Landscape Architect shall have no responsibility for the
discovery, presence, handling, removal, or disposal of or
exposure of persons to hazardous or toxic substances which
existed on site prior to this agreement, or prior to discovery of
such materials.
FOR THE CITY FOR THE CONSULTANT
Title: ~Ayfi'~.. Title:
Approved by:
Cit~ Attorney's Office
Date
Hickory Hill Park Trail Improvement Construction Documents Contract 9
CONSULTANT AGREEMENT
THIS AGREEMENT, entered into this day of , 2001,
by and between the City of Iowa City, a municipal corporation, hereinafter
referred to as the City and the Dunbar/Jones Partnership, of Des Moines,
he'rei nafter referred to as the Consultant.
,S the City desires construction documents for trail improvement
in Hill Park to be prepared.
WHEREAS Consultant has agreed to prow~ services including design
develof ~st estimates, construction specifications and
assistance with ]ding.
NOW THEREFORE agreed by and b~ the parties hereto that the
City does now with provide the services set forth
herei n.
I. SCOPE OF
Consultant shall complete services for the City, and to do so
in a timely and satisfactory
A. BASIC SERVICE
A. 1 Pre-Desien Visit
Meet with Steering and consultant team to review
project timetable, and issues and concerns;
conduct a visit of the
A.2
Meet with the P~ Commissions, Staff, and surrounding
landowners to project goals, project schedule, identify
known issues, ' develo ia.
A.3 Base MaD
Develop a base map of existing conditions (utilizing available
information), wh are pertinent to the implementation of the Hickory
Hill Park Trail Plan.
A.4
Utilizing Hickory Hill Park Master Trail Plan, conduct an
analysis of site conditions (natural, environmental, and cultural) along
the proposed trail alignment that may affect the implementation of the
proposed trails. After a review of site conditions, Consultant and Client
will stake a preliminary trail alignment to be surveyed. Assist the Client
with a walk-through/review of the staked trail with the Steering
Committee.
A. 5 Desiqn Development Documents
Based upon the Hickory Hill Park Master Trail Plan and input to date,
prepare Design Development Documents for proposed trails and
area, bridges, trail signage, enhancement of three wetland
areas, of stream bank erosion at two trail overlook,
and along the trail. Develop a based on
Design Documents.
A.6 Desiqn Documents Review
Conduct a with the Client an Steering Committee to
review Design Develc Documents Cost Estimates.
A.7 Preliminary
Based on the apl ~ment Documents, prepare
plans and specifications of the project that meet Client
requirements and prepare cost estimate. Prior to bidding,
submit the documents to the :for approval.
A. 8 Final Construction Plans
Based on Client review prepare Final Construction Plans
for bid letting in July 1, 2001.
B. CONSTRUCTION
B. 1. Construction Phase-Adm Contract.
B.1.1, The Landscape Archi ,ility to provide Basic Services
for the Construction agreement begins with the
award of the for and terminates with the
issuance to the Client.
B.1.2. The Landscape shall provi administration of the
Contract for Con,. set
B.1.3. Duties, res and limitations authority of the
Landscape shall not be restricted,or extended
without reement of the Client and Landscape Architect.
B.1.4. The Architect shall be a representative of and
shall advise consult with the Client during construction until
final
B.1.5. The Architect shall make visits to the site at intervals
~ the stage of construction or as otherwise agreed by
the Client and Landscape Architect in writing, in order to become
Hickoff Hill Park Trail Improvement Construction Documents Contract 2
generally familiar with the progress and quality of the Work
completed and to determine in general if the Work is being
performed in a manner indicating that the Work when completed
will be in accordance with the Contract Documents. However, the
Landscape Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quailor quantity of
the Work. On the basis of on-site observatio~a Landscape
Landscape Architect shall keep Client informed of
the of the Work, and endeavor to guard
defects and deficiencies the Work.
B.1.6. The shall not over or charge of
and shall not for means, methods
techniques, or procedur or for safety precautions
and programs in Work, since these are solely
the Contractor's the Contract for Construction.
The Landscape not be responsible for the
Contractor"s schedule,'to carry out the Work in
accordance with the Documents. The Landscape
Architect shall not }1 over or charge of acts or omissions
of the Contractor, Subcont or their agents or employees, or
of any other persons portions of the Work.
B.1.7. The l all times have access to the Work
whenever it is in or ress.
B.1.8. The authority to reject Work, which
does not conform the Documents. Whenever the
Landscape considers or advisable for
implementation the intentof Contract Documents, the
Landscape will have to require additional
of the Work provisions
of the Contract such Work is fabricated,
installed or 91eted. However, this authority of the
Landscape nor a decision good faith either to
exercise or r to exercise such give rise to a duty
or responsi of the Landscape_ to the Contractor,
material and equipment their agents or
emplc or other persons performing
B.1.9. The Architect shall assist the Client in the review and
approvalor take other appropriate action upon Contractors
submittalisuch as Shop Drawings, Product Data and Samples, but
only forthe limited purpose of checking for conformance with
information given and the design concept expressed in the
Contract Documents. The Landscape Architect's action shall be
taken with such reasonable promptness as to cause no delay in the
Work or in the construction of the Client or of separate contractors,
Hickory Hill Park Trail Improvement Construction Documents Contract 3
while allowing sufficient time in the Landscape Architect's
professional judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the
accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractor,
all of which remain the responsibility of the Contractor to the extent
by the Contract Documents. The Landscape Architect's
shall not constitute approval of safety precautions or, unless
specifically stated by the Architect, of
means, methods, sequences or
specific item
shall not the item is a
When professional of performance
is required by
the tect shall be entitled
to rely upon that the materials,
systems or criteria required
by
B.1.10. The Landsca assist the Client in the approval
of Change Orders Change Directives prepared
by the Client ~ntract Documents, and may
authorize minor not involving an adjustment in
the Contract Sum or an of the Contract Time which are
not inconsistent with the of the Contract Documents, with
concurrence of Client.
B.1.1 1. The Landscape conduct inspections to assist
Client in determining dates of Substantial Completion
and the date of final shall receive and forward to
the Client for warranties and related
and assembled by
the Contractor, issue a final Certificate for
Payment upon with the uirements of the Contract
Documents.
B.1.12. The Lands e Architect shall a~sist the Client by interpreting
and deciding atters concerning performance of the Contractor
Architect's response to such requests shall be made with
reasonable promptness and within any time limits agreed upon.
B.1.13. Interpretations and decisions of the Landscape Architect shall
be consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing in the form of drawings.
When making such interpretations and initial decisions, the
Hickory Hill Park Trail Improvement Construction Documents Contract 4
Landscape Architect shall endeavor to secure faithful performance
by the Contractor, and shall not be liable for results of
interpretations or decisions so rendered in good faith.
B. 1.14. The Landscape Architect shall render written recommendations
within a reasonable time on all claims, disputesother matters in
question between the Client and relating to the
execution or progress of the Work as in the Contract
Documents.
B.1.15. Landscape Architect shall a set of construction
illustrating changes of materials, utilities, or
other items. Minor changes ' or dimensions shall
not .= documentation.
C. CLIENT RESPO ;IBILITY
C.1 The shall be responsi for providing reports, mapping,
and other the project as identified by the
Landscape and necessary for the project.
The Client shall responsi timely participation, scheduling,
and decision 'ed.
II. TIME OF COMPLETION
The schedule outlined in paragraph,, through A.9 is preliminary and will be
finalized by
A. 1.Pre-Desig~ March 2001
A.2. Commissions, Staff, March 2001
A. 3.Base Map Preparati, March 2001
A.4. On-Site Review of '1Alignment March 2001
A.5. Design Documents April 2001
A. 6.Design April 2001
A. 7.Preliminary May 2001
A.8, Final ents June 2001
B.1. Contract July 1,2001
Services outlined in B.1 through B,1:15 be completed as a
function of the construction uence.
III. GENERAL TERMS
A. The Consultant st dl not commit any of the followin8 employment
practices and aBre es to prohibit the fotlowinl~ in subcontracts.
].. To discharBe or refuse to hire any individual because of their race,
color, relil~ion, sex, national oriBin, disability, abe, marital status,
Bender identity, or sexual orientation.
Hickon/Hill Park Trail Improvement Construction Documents Contract 5
2. To discriminate against any individual in terms, conditions, or
privileges of employment because of their race, color, religion,
sex, national origin, disability, age, marital status, gender
identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be
paid for all work and services performed to the date of termination.
However, such sums shall not be greater than "lump sum"
amount listed in Section IV. The City may termin~ this Agreement
upon (7) calendar days' written notice to :rant.
C. This Ag~ shall be binding upon the su~ essors and assigns of
the parties provided that no assi ent shall be without
written consent Parties to said Agreel
D. It is understood reed that the ~ion of the Consultant by
the City for the of the be as an independent
contractor and shall be :lusive, but Consultant shall have the
right to employ such stance may be required for the
performance of the Project.
E. It is agreed by the City that 'ecords and files pertaining to
information needed by the Co ultant for the Project shall be
available by said City upon ~ble request of the Consultant.
The City agrees to furnish all ~able assistance in the use of
these records and files.
F. It is further agreed that no to Agreement shall perform
contrary to any state, or local law any of the ordinances of
the City of Iowa City, Iowa.
G. At the request of the City ,. Consultant such meetings
of the City Council relat' e to the work set .... in this Agreement.
~h(~or~~ ' ' ' reasonable notice
H. The Consultant agr es to furnish, Gpon termination of this
Agreement and upon demand by the City, copies of all basic notes
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.
Hickoff Hill Park Trail Iml3rovement Construction Documents Contract 6
I. The Consultant agrees to furnish all reports, specifications, and
drawings, with the seal of a professional landscape architect affixed
thereto or such seal where 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 to properly
complete the Project in accordance with this
K. Should any section of this Agreement be ld invalid, it is agreed
that the r aining portion shall be led severable from the
invalid portio and continue in full force id effect.
the property of the Oity.
for the Consu! filing use.
M. Fees paid for securin approval authorities having jurisdiction
over the Project will be
N. Upon signing this Agreemet ~sultant acknowledged that Section
362.5 of the Iowa Code a City officer or employee from
having an interest in a cont~ with the City, and certifies that no
employee or officer of the includes members of the City
Council and City boards ~missions, has an interest, either
direct or indirect, in this that does not fall within the
exceptions to said statt enumerated in Section 362.5.
IV. COMPENSATION FOR RVICES
Fees for Services outlir in paragraph rough B.1.15 shall be paid
based on
A. 1 Pre-Design Wc ........... $560
A.2 Commission, Landowner Workshop $540
A. 3 Base Map $800
A.4 On-Site Alignment $2,300
A.5 Design Documents $7,000
A.6 Design Review $930
A. 7 Preliminary Construction Documents $10,000
A.8 Final Construction Documents $4,026
B.1. Administration of Construction Contract $6,300
TOTAL TIME $32,456
Hickory Hill Park Trail Improvement Construction Documents Contract 7
EXPENSES $34,005
Engineering (Van Winkle-Jacob Engineering, Inc.) $29,500
Layout Trail Alignment ..............$2,800
Topographic Survey .................$7,000
Digital Base .............................$2,500
Bridge Hydraulics .....................$7,000
DNR Permit ...............................$3,800
Structural Design ......................$6,400
\
Soil $3,500
Mileage $.31 $155
Construction ;opies 20 @ ~ $400
$1 O0
$1 O0
Misc. ~ic Supplies $250
TOTAL TIME AND $66,461
V. MISCELLANEOUS
/
A. All provisions of the/I ement shall be reconciled in
accordance with the/ accepted standards of the
LandscaF
/
B. It is further agreed/;that there ar no other considerations or
Z
monies contingent/upon or resulti from the execution of this
Agreement, that it is the entire Ag ement, and that no other
monies or considerations have been licited.
C. The Landscape/Architect may use phot graphs drawings, and
renderi.ngs of/thi.s project in the L ndscape Architect's
professional/liability insurance during and for a period of two
years followl,gg Council acceptance of this project.
E. Nothing contained in this agreement shall create a contractual
relationship with or cause of action in favor of a third party
against the City or Landscape Architect.
Hickory Hill Park Trail IrnDrovernent Construction Documents Contract 8
F. The Landscape Architect shall have no responsibility for the
discovery, presence, handling, removal, or disposal of or
exposure of persons to hazardous or toxic substances which
existed on site prior to this agreement, or prior to discovery of
such materials.
FOR THE CITY FOR THE
By:
Title:
Date:
ATTEST:
Approved by:
City Attorney's Office
Date
Hickory Hill Park Trail Improvement Construction Documents Contract 9
Prepared by: Andrew P. Manhews, Asst. City Attorney, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 01-72
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST AN ADDENDUM TO A LEASE
FOR BUSINESS PROPERTY WITH THE JOHNSON COUNTY
AGRICULTURAL ASSOCIATION FOR RENTAL OF THE
JOHNSON COUNTY 4-H BUILDING IN IOWA CITY, IOWA
FOR PURPOSES OF STORAGE OF CITY EQUIPMENT.
WHEREAS, the City of Iowa City Iowa has leased a portion of the 4-H building for
storage of Streets Division equipment since 1976, and the current Lease expires on June
30, 2001; and
WHEREAS, an addendum to the Lease for said business property has been negotiated
which provides options for up to three additional tern-month renewal terms, increases
rent from $4,000 to $5,600 for the first renewal period and $7,200 thereafter; and
WHEREAS, it is in the best interest of the public and the City of Iowa City to execute the
attached Addendum to Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, THAT:
1. The Addendum to Lease, attached hereto and made a part hereof, is approved as
to both form and content.
2. The Mayor and the City Clerk are hereby authorized to execute and attest the
Addendum to Lease.
3. The City Manager is hereby authorized to execute any subsequent renewals, as
provided in the attached Addendum to Lease.
Passed and approved this 20th day of March ,2001.
Approved by
City Attorney's Office
Resolution No. 01-72
Page 2
It was moved by Vanderhoef and seconded by 0' Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
× O'Donnell
X Pfab
X Vanderhoef
~' Wilburn
ADDENDUM TO LEASE - BUSINESS PROPERTY
Johnson County Agricultural Association (hereinafter "Landlord") and the City of Iowa
City (hereinafter "Tenant") entered into a Lease - Business Property dated April 22, 1997
for the premises located at the Johnson County 4-H Fairgrounds on Highway 218 South,
Johnson County, Iowa, referred to as the Swine Barn, copy of which is attached hereto
and by this reference incorporated herein.
Landlord and Tenant desire to execute an addendure to said Lease - Business Property to
provide for additional optional renewal periods as set forth herein.
1. Optional Renewal for Additional Terms from September 2001 to June 2002,
September 2002 to June 2003, and September 2003 to June 2004.
The Lease - Business Property may, at Tenant' s option, be renewed for additional
terms of September 1, 2001 to June 30, 2002, September 1, 2002 to June 30,
2003, and September 1, 2003 to Jane 30 2004 by Tenant's City Manager giving
notice of its intention to renew this Lease for each such additional lease term,
which notice shall be given not less than sixty (60) calendar days prior to the
expiration date of each renewal term. The additional terms shall commence at
midnight on the first day of September yearly, and shall end at midnight on the
last day of each such additional term.
2. Rental During Renewal Terms.
During each renewal term as above provided, Tenant agrees to pay Landlord rent
as follows:
$5600 for the ten-month renewal term commencing September 1,200I to
June 30, 2002, payable in two payments of $2,800 each, to be paid on
January 1 and June 1 during each renewal term; and for each additional
10-month renewal term thereafter, $7,200, payable in two payments of
$3,600 each, to be paid on January 1 and June 1 during each renewal term.
3. Indemnity.
Landlord agrees to assume liability for any and all losses, costs, damages, and
expenses occasioned by or arising out of any accident or other occurrence causing
or inflicting injury and/or damage to any person or property happening or done in,
upon, or about the leased premises, EXCEPT that Landlord shall have no liability
for any losses, costs, damages, or expenses to Tenant or Tenant's employees, or to
Tenant's or Tenant's employees' property, incurred by Tenant or its employees
in, upon, or about the leased premises when such losses, costs, damages, or
expenses are directly caused by the negligence of Tenant or its employees and
Tenant shall further hold Landlord harmless for any loss of Tenant's or its
employees' property in the event of fire, theft, malicious mischief or vandalism.
Dated this ~o day of Iv~,4Re. a ,2001.
IN WITNESS WHEREOF, the parties have duly executed this lease in duplicate the day
and year written above.
~Lehman, Mayor
Marian K. Karr, City Clerk
Approved by:
City Attomey's Office
Prepared by: Karen Jennings, Personnel Generalist, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025
RESOLUTION NO. 01-73
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE BUILDING
INSPECTION DIVISION OF THE HOUSING AND INSPECTION SERVICES
DEPARTMENT AND THE AFSCME PAY PLAN.
WHEREAS, Resolution No. 00-83 adopted by the City Council on March 3, 2000, and
Resolution No. 01-54 adopted by the City Council on March 5, 2001, authorized permanent
positions in the Building Inspection Division; and
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 AFSCME Classification Review Committee has reviewed the changes in the
position of Building Inspector and determined that this position performs duties equivalent to
those of positions in a higher grade; and
WHEREAS, the AFSCME Classification Review Committee has recommended that the
budgeted positions in the Building Inspection Division be amended by reclassifying the position
of Building Inspector, from grade 11 to grade 12.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The budgeted positions in the Building Inspection Division be amended by reclassifying the
position of Building Inspector from grade 11 to grade 12.
2. The AFSCME pay plan be amended by moving the position of Building Inspector from grade
11 to grade 12.
Passed and approved this 20th day of ~2~ch ~~
It was moved by Vande~-hoef and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
× Pfab
X Vanderhoef
× Wilburn
A/H'~ I 03-20-01
18
Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013
RESOLUTION NO. 01-74
RESOLUTION ADOPTING AMENDED BY-LAWS OF THE IOWA CITY
TELECOMMUNICATIONS COMMISSION
WHEREAS, the by-laws of the Iowa City Telecommunications Commission were first adopted on May 1, 1979
and last amended on October20, 1998; and
WHEREAS, the Iowa City Telecommunications Commission wishes to further amend its by-laws to better reflect
its current role and function in the community, given recent changes in federal and state laws and Federal
Communications Commission rules and regulations; and
WHEREAS, the City Council Rules Committee has reviewed and recommends approval of these amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
The by-laws of the Iowa City Telecommunications Commission as amended and attached hereto are approved as
to form and content and are hereby adopted.
Passed and approved this 20th day of Nat'ch ,20. 0~.
MAYOR
Approved by
City A~orney's Office
It was moved by Pfab and seconded by Vander'hoef the Resolution be adopted, and
upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
mgr/ass~/res/ICTCbylawsdoc
BY-LAWS
IOWA CITY TELECOMMUNICATIONS COMMISSION
ARTICLE I - THE COMMISSION
Section 1
The name of the Commission is the Iowa City Telecommunications Commission, referred to in these by-
laws as the Commission.
Section 2
The Commission is authorized by the City Council of the City of Iowa City pursuant to City Code Section
12-4-3.
ARTICLE II - PURPOSE
Section 1
The purpose of the Commission is to recommend policies to the City Council on the regulation,
development, and operation of cable television, telecommunications, and communications systems in
Iowa City. Additionally, the Commission will inform and educate citizens on cable television,
telecommunications, and communications systems matters affecting consumers.
ARTICLE III - MEMBERSHIP
Section 1
The Commission shall consist of five citizens of the City appointed by the City Council for a term of three
years.
Section 2
If a position/appointment becomes vacant by reason of resignation or otherwise and results in an
unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee
shall continue in the position not only through the unexpired term but also through the subsequent regular
term.
Section 3.
No Commissioner, without a reasonable explanation, may miss more than two regularly scheduled
meetings within a twelve-month period. If more than two such meetings are missed, dismissal under this
provision shall be recommended to the City Council only upon concurrence of the remaining
Commissioners.
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Section 4
Commissioners shall serve without compensation but shall be entitled to the necessary expenses,
including travel, incurred in the discharge of their duties.
ARTICLE IV - OFFICERS
Section 1
The Commission shall elect a Chair and Vice-Chair from among its members who shall serve in such
capacity for a period of one year. The election of officers shall be held yearly at the first regular
Commission meeting in March, or as soon as possible, after City Council appointments are made to the
Commission each March.
Section 2
The Secretary for the Commission shall be the City's Cable Television Administrator. It shall be the duty
of the Secretary to keep a full record of the proceedings of the Commission.
ARTICLE V - MEETINGS
Section 1
The Commission shall meet on a regular basis at least once each month unless a majority of members
agree otherwise at a time and place as shall be set by the Secretary of the Commission.
Section 2
The Chair or any two (2) Commissioners may call a special meeting by giving at least twenty-four (24)
hours notice in advance to each Commissioner and to the news media. Only items included on the
agenda for the special meeting may be considered.
Section 3
A quorum shall consist of three (3) Commissioners. A majority of present and voting members shall be
necessary to pass a motion. The Chair shall vote as a member.
Section 4
All meetings of the Commission shall be open to the public pursuant to Chapter 21 of the Code of Iowa,
except where 4/5 of the Commission votes to close a meeting to the public for the purpose of discussing
business outlined in Chapter 21.5 of the Code of Iowa. All closed meetings shall be duly recorded
pursuant to Chapter 21.5
ARTICLE VI - DUTIES
Section 1
The Commission shall consider any inquiry or proceeding requiring City Council action to be taken in
regard to the cable television system(s) as provided in Title 12, Chapter 4 of the City Code.
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Section 2
The Commission shall conduct evaluations of the system at least every three (3) years, with the grantee,
and pursuant thereto, make recommendations to the Council concerning system improvements and
amendments to this Ordinance or to any franchise agreement. One such review must take place within
the twelve months prior to the expiration of any franchise.
Section 3
The Commission, pursuant to City Code Section 12-4-3, shall resolve dispute or disagreements between
subscribers, potential subscribers and any cable television system operator should such parties be unable
first to resolve their dispute.
Section 4
The Commission shall review and audit reports and correspondence submitted to the City concerning the
operation of the cable television system(s) so as to insure that all reports are completed and fulfilled
pursuant to City Code Section 12-4-3.
Section 5
The Commission shall work with the public and the news media to assure that all records, rules, and
charges pertinent to the cable television system(s) are made available for inspection at reasonable hours
upon reasonable notice.
Section 6
The Commission shall confer with the cable television system(s) operator(s) and advise on the
interconnection of the City's cable system with other cable and communications systems.
Section 7
The Commission shall solicit, review and provide recommendations to the City Council for selection of
applicants for a franchise pursuant to Sections 12-4-9 and 12-4-10 of the City Code.
Section 8
The Commission shall initiate inquiries, receive requests for review of regulated rates charged by any
cable television system operator, and provide recommendations on such actions to the City Council.
Section 9
The Commission shall establish and administer sanctions as authorized by the City Council to insure
compliance with Title 12, Chapter 4 of the City Code.
Section 10
The Commission shall make recommendations to the operator(s) of the cable television system(s) and to
the educational and governmental users of the educational and governmental access channels.
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Section 11
The Commission shall ensure that any cable television operator makes the public access channel(s)
available to all residents of the City on a nondiscriminatory basis.
Section 12
The Commission shall ensure that the operation of the public access channel(s) be free of program
censorship and control.
Section 13
The Commission shall perform such other duties and functions in order to maximize the use of public
access channels among the widest range of individuals, institutions, and other organizations within the
City. This shall include recommendations to the City Council for utilization of the annual franchise
payment.
Section 14
The Commission shall help identify public rights-of-way issues and concerns related to
telecommunications that may be of importance to the City and its citizens.
Section 15
The Commission shall educate the City and its citizens regarding the power and authority granted the City
(or lack thereof) in dealing with such telecommunications issues and concerns.
Section 16
The Commission shall provide citizens with referrals to the appropriate state and/or federal agencies
which regulate such telecommunications activities in the event the City does not have jurisdiction.
Section 17
The Commission shall inform and educate citizens regarding such telecommunications matters affecting
consumers, such as, but not limited to, consumer protection information
Section 18
The Commission shall make recommendations regarding development of the local communications
infrastructure.
Section 19
The commission shall work with organizations such as the League of Cities to promote the interests of
municipal governments and citizens before state legislative and administrative bodies regarding the cable
television and telecommunications competition and related consumer protection procedures, practices
and guidelines.
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Section 20.
The Commission shall, to the extent possible, ensure the public right-of-way regulation is consistent with
the commission's interest in promoting competition among telecommunications providers and other
communications companies.
ARTICLE VII - CONDUCT OF BUSINESS
Section 1
The Chair of the Commission shall set the agenda for meetings. Items submitted to the Chair by
Commissioners at least ten days in advance of a regularly scheduled meeting shall be included. Each
Commissioner and staff member shall be provided with an agenda prior to each meeting.
Section 2
The Commission's Secretary shall be responsible for the drafting and distribution of minutes of all such
meetings.
Section 3
The Secretary shall be responsible for maintaining official files of all Commission reports,
correspondence, minutes, and other materials. These records and reports shall be made available for
public inspection and copying pursuant to Chapter 22 of the Iowa Code except where specifically
exempted from public inspection by said Chapter.
Section 4
The Commission shall prepare and transmit to the Mayor and City Council from time to time, but not less
than once each year, reports describing its proceedings. evaluations, investigations, hearings conducted
and the outcome thereof, decisions rendered, and any other work performed by the Commission.
Section 5
The Commission shall adopt, pursuant to the Iowa City Administrative Code, such rules, regulations, and
procedures as are necessary to carry out its duties and responsibilities.
Section 6
The Commission shall be governed in all cases by the rules in the current edition of Robert's Rules of
Order Newly Revised except where they are not consistent with these by-laws and/or any special rules
the commission may adopt.
ARTICLE VIII - APPOINTMENT OF SUBCOMMITTEES
Section 1
Subcommittees will be authorized by a majority vote of the Commission. The Chair will appoint
Commission members to the subcommittees.
ARTICLE IX - RATIFICATION AND AMENDMENTS
Section 1
These by-laws can be amended at any regular Commission meeting provided that 4/5 of all
Commissioners vote in favor of the amendment and provided that the amendment has been submitted in
writing prior to the meeting at which it is to be acted upon and such amendment is not in conflict with Title
12, Chapter4 of the City Code.
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