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Home My WebLink About2002-01-22 Resolution RESOLUTION NO. 02-16 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: The Press Box 1920 Keokuk Street It was moved by Champion and seconded by 0'Donnell that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X __ O'Donnell X __ Pfab X Vanderhoef X Wilburn Passed and approved this 22nd day of Januar , 20 02. CIT~-CLERK City Attorney's Office clerk\res\danceprm.doc Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTiON NO. 02-17 RESOLUTION FIXING TIME, DATE AND PLACE FOR HEARiNG ON PROPOSED CIVIL PENALTY OF $300.00 AGAiNST DEADWOOD TAVERN AND QUINTON'S BAR & DELI WHEREAS, employees of businesses operating under retail cigarette permits, Deadwood Tavern, 6 South Dubuque Street and Quinton's Bar & Deli, 215 E. Washington, were convicted/pled guilty in Johnson County District Court, of violating Iowa Code § 453A.2(1); and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1 ), after a hearing and proper notice; and WHEREAS, the City of Iowa City City Council is advised and does believe that hearings should be fixed for February 5, 2002, at 7:00 p.m. in Emma J. Harvat Hall in the City o£ Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240 for the purpose of considering whether civil penalties in the amount of $300.00 should be assessed against Deadwood Tavern and Quinton's Bar & Deli pursuant to Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council conduct hearings on February 5, 2002, at 7:00 p.m. in the Council Chambers of the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240 for the purpose of considering whether civil penalties in the amount of $300.00 should be assessed against Deadwood Tavern and Quinton's Bar & Deli pursuant to Iowa Code § 453A.22(2). BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to provide the retail cigarette permit holder with no less than 10 days' notice of the hearing by mailing a copy of this Resolution to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED:~02 C~ty C'"l~k, City of Iowa City Resolution No. 02-17 Page 2 It was moved by Champ'ion and seconded by 0'Donnell the Resolution be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman --~ O'Donnell X Pfab X Vanderhoef × Wilburn Prepared by: Dan Scott, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 02-18 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY TRANSIT METHANE ABATEMENT PROJECT, PHASE I. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Construction of a new subsurface piping system under the Transit Building in accordance with all state and federal regulations as constructed by A. & L. Underground, Inc. of Olathe, Kansas. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 22nd day of Janu,~'~3__ ,2002~ Approved by CITY"~LERK City Attorney's dt~ce It was moved by Champion and seconded by 0' Donnel ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab × Vanderhoef X Wilbum ENGINEER'S REPORT Januaw 11,2002 Honorable Mayor and City Council Iowa City, Iowa Re: Transit Methane Abatement Project, Phase I Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Iowa City Transit Methane Abatement Project, Phase I has been completed in substantial accordance with the plans and specifications prepared by Terracon, Inc. of Rock Island, Illinois. The final contract price is $158,932.16. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richa~f A. Fosse, P.E. City Engineer pweng/Itrs/TMAphasel.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240 1826 · (319) 356-5000 ° FAX (319) 356 5009 City of Iowa City E ORANDU Date: January 14, 2002 To: Steve Atkins From: Kim Johnson Re: Agenda Items The following are costs associated with Capital Improvement Projects being presented for acceptance at the January 22 Council meeting: 1 Iowa City Transit Methane Abatement Project, Phase I Contractor: A & L Underground, Inc. · Project Estimated Cost: $ 125,000.00 · Project Bid Received: $ 148,952.03 · Project Actual Cost: $ 158,932.16 Outside Funding · Federal Transit Administration $ 158,932.16 Prepared by: Andy Matthews, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO: 02-19 RESOLUTION AUTHORIZING THE PARKS & RECREATION DIRECTOR FOR THE CITY OF IOWA CITY TO FILE A NOTICE OF USE RESTRICTION IMPOSED BY STATE ADMINISTRATIVE RULE ON CERTAIN REAL ESTATE IN CONNECTION WITH THE GRANT OF FUNDS FOR CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IN LOWER IOWA CITY PARK. WHEREAS, the City of Iowa City applied for and received grant funds from the Iowa Department of Natural Resources in the amount of $81,175 in connection with the Riverside Festival Stage project (grant #00-94GA-BW, Riverside Festival Stage, Recreation Infrastructure Grants Program) in Lower City Park in Iowa City, Iowa; and WHEREAS, as a condition of such grant, for a period of 25 years, the grantee agrees that such funds shall be used for the approved project purpose, and that such property shall remain under the control of the grantee, and if not, such grant funds shall be remitted to the Department; and WHEREAS, as a further condition of said grant, the City of Iowa City, as grantee, is required to file a Notice of Use Restriction with the County Recorder; and WHEREAS, the City Council deems it in the public interest to permit such a use restriction as a condition for receiving grant funds for the construction of the Riverside Festival Stage project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Notice of Use Restrictions Imposed by State Administrative Rule on Certain Real Estate, attached hereto, is in the public interest, and is approved as to form and content.. 2. The City of Iowa City's Parks & Recreation Director is hereby authorized and directed to file the attached Notice of Use Restriction. eassed and approved this 22nd day of danuary //~02. J ~ff~ C ITY'"C LEICK Approved by: City Attorney's Office Resolution No. 02-19 Page 2 It was moved by Chain@ion and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X . Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared By: Kathleen Moench, IDNR, Wallace State Office Bldg., Des Moines, la 50319 515-281-3013 When Recorded Return a Copy to: IDNR, Wallace Bldg., Des Moines, la 50319 NOTICE OF USE RESTRICTIONS IMPOSED BY STATE ADMINISTRATIVE RULE ON CERTAIN REAL ESTATE Notice is hereby given that on Map 15, 2000, an agreement was made between the Iowa Department of Natural Resources and the City of lowa City, Johnson County, Iowa to provide state funds for the acquisition or development of real estate legally described as: GRANT DESCRIPTION: gOO-94G/I-B IV, Riverside Festival Stage (See Legal Description Attached) The state funds provided by the above-mentioned agreement were appropriated pursuant to the Recreation Infrastructure Grants Program, Chapter 8, Code of Iowa and administered pursuant to the Recreation Infrastructure Grant Program, Chapter 29, Iowa Administrative Code. This rule imposes the following restrictions on use of the above-described real estate: 29.17 Unlawful use of funds. Whenever any property, real or personal, acquired or developed with grants under this program passes from the control of the grantee or is used for purposes other than the approved project purpose, it will be considered an unlawful use of the funds. 29.18 Remedy. Funds used without authorization, for purposes other than the approved project purpose, or unlawfully must be returned to the department for deposit in the account supporting this program. In the case of diversion of personal property, the grantee shall remit to the department funds in the amount of the original purchase price of the property. The grantee shall have a period of two years after notification by the department in which to corract the unlawful use of funds. The remedies provided in this subrule are in addition to other provided by law. The notice will be filed by the City of Iowa City, Johnson County, Iowa in the office the Recorder of the county itt which the subject real estate is located, AND EXPIRES, PURSUANT TO THE GRANT IDENTIFIED ABOVE, 25 YEARS FROM THE DATE OF RECORDING. IOWA DEP~MENT OF NATURAL RESOURCES St0:~e Cat'it~ Cfl~nplex /~Dbs Mo~es, ~6wa 50319~0034 Date Title: ~ilson, Deputy DireCtor ' STATE OF IOWA } } SS: COUNTY OF POLK } On 31 December, 2001, A.D., before me, the undersigned, a Notary Public in and for the state of Iowa, personally appeared Larry J. Wilson, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that the said Larry J. Wilson is the Deputy Director of the Iowa Dept. of Natural Resources and that he executed the instrument as the voluntary act and deed of the Department and of the Director or the Deputy Director. NOTARY P~I'BLIC in and for the' state of Iowa Legal Description Property: City of Iowa City, Johnson County, Iowa #O0-94G.4-BW, Riverside Festival Stage Government Lots, five and six (5& 6) in Section Three (3) Township Seventy Nine (79) Range Six (6) West of the Fifth P.M., being ali of sam section West and South of the Iowa River including an island at the Northwest corner of said above described tract, City of Iowa City, Johnson County, Iowa. Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-20 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM A & J MiNI MART, INC., 2153 ACT CIRCLE WHEREAS, on June 5, 2001, Jonathan Patrick Titus was convicted/pled guilty in Johnson County District Court, Case No. STIC 107005 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Titus was an employee of the establishment operating under the retail cigarette permit issued to A & J Mini Mart, Inc., 2153 ACT Circle, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on December 20, 2001, A & J Mini Mart, Inc., waived its fight to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of fight to hearing and payment of $300.00 civil penalty on behalf ofA & J Mini Mart, Inc. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: January 22~ 2002 ayor, City of Iowa City ATTEST: ~-)'~/~x~-~.*.~.. ~; 7~ '7~-4-'~) City C"~rk,-City of Iowa City Resolution No. 02-20 Page 2 It was moved by Ch~.]p~nn and seconded by 0' Donne11 the Resolution be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-21 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAiVER OF RIGHT TO HEARING FROM COLLEGE STREET NEWS D/B/A COLLEGE STREET OASIS WHEREAS, on June 4, 2001, Matthew Michael Peters was convicted/pled guilty in Johnson County District Court, Case No. STIC107008 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Peters was an employee of the establishment operating under the retail cigarette permit issued to College Street News d/b/a College Street Oasis, 110 East College Street, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on December 26, 2001, College Street News waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(I), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of College Street News. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: January 22, 2002 ATTEST: ~,'~'~) 7~. '7~/~4~) City ~'terk, City of Iowa City Resolution No.. 02-21 Page 2 It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell ' X Pfab X Vanderhoef X Wilburn Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-22 RESOLUTION ACCEPTiNG PAYMENT OF $300.00 CIVIL PENALTY AND WAiVER OF RIGHT TO HEARING FROM DRUGTOWN WHEREAS, on June 18, 2001, David Lewis Bissell was convicted/pled guilty in Johnson County District Court, Case No. STIC 107004 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Bissell was an employee of the establishment operating under the retail cigarette permit issued to Dmgtown, 310 N. 1st Avenue, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on December 13,2001, Drugtown waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Dmgtown. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: January 22, 2002 -Mayor, City of Iowa ' ' ATTEST: City C~erkl City of Iowa City Resolution No. 02-22 Page 2 It was moved by Champ'ion and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman 'X' O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, lo,va City, IA 52244, 319.339.6100 RESOLUTION NO. 02-23 RESOLUTION ACCEPTiNG PAYMENT OF $300.00 CIVIL PENALTY AND WA1VER OF RIGHT TO HEAR1NG FROM HARTIG DRUG COMPANY WHEREAS, on September 26, 2001, Betsy Made Sweeting was convicted/pled guilty in Johnson County District Court, Case No. STIC 126932 of violating Iowh Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Sweeting was an employee of the establishment operating under the retail cigarette permit issued to Hartig Drug Company, 701 Mormon Trek Blvd, Iowa City, Iowa 52246; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on December 17, 2001, Hartig Drug Company waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Hartig Drug Company. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: Janaury 22, 2002 ATTEST: )~'.4.o,'t--~ .~. ~4-~/) City L"I~k~ City of Iowa Cit~, Resolution No. 02-23 Page 2 It was moved by Champion and seconded by 0' Donne11 the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X . Lehman y, O'Donnell × Pfab × Vanderhoef ~( Wilburn Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-24 RESOLLrrlON ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HY-VEE FOOD STORE WHEREAS, on June 5, 2001, Clara Pearl Rapson was convicted/pled guilty in Johnson County District Court, Case No. STIC126929 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Rapson was an employee of the establishment operating under the retail cigarette permit issued to Hy-Vee Food Store, 1201 North Dodge Street, Iowa City, Iowa 52245; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on December 17, 2001, Hy-Vee Food Store waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Hy-Vee Food Store. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSe.ND A~PROVED:January 22, 2002 City ~erk, City of Iowa C~ty Resolution No. 02-24 Page 2 It was moved by Champion and seconded by 0~Donne]l the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell : X Pfab X Vanderhoef X Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-25 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM KUM & GO STORES WHEREAS, on June 4, 2001, John Charles Crees was convicted/pled guilty in Johnson County District Court, Case No. STIC126931 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Crees was an employee of the establishment operating under the retail cigarette permit issued to Kum & Go Stores, 513 S. Riverside Dr., Iowa City, Iowa 52246; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(I), after a hearing and proper notice; and WHEREAS, on January 3, 2002, Kum & Go Stores waived its tight to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to heating and payment of $300.00 civil penalty on behalf of Kum & Go Stores. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: January 22, 2002 '~-Mayor, City of Iowa City City~31~:k, City of Iow~ City Resolution No.. 02-25 Page 2 It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion ~- Kanner x Lehman X O'Donnell : X Pfab X Vanderhoef ~ Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-26 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM SUBURBAN AMOCO - KEOKUK STREET WHEREAS, on May 31,2001, Adam Scott Cress was convicted/pled guilty in Johnson County District Court, Case No. STIC 107010 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Cress was an employee of the establishment operating under the retail cigarette permit issued to Suburban Amoco - Keokuk Street; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on December 11, 2001, Suburban Amoco - Keokuk Street waived its fight to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of tight to heating and payment of $300.00 civil penalty on behalf of Suburban Amoco - Keokuk Street. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: January 22, 2002 City Lmeerk, City of Iowa City Resolution No. 02-26 Page 2 It was moved by Champion and seconded by 0'Donne11 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 RESOLUTION NO. 02-27 RESOLUTION ACCEPTiNG PAYMENT OF $300.00 CIVIL PENALTY AND WAiVER OF RIGHT TO HEARING FROM SUBURBAN AMOCO WHEREAS, on May 31, 2001, Edweana A. Franklin was convicted/pled guilty in Johnson County District Court, Case No. STIC 107011 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Franklin was an employee of the establishment operating under the retail cigarette permit issued to Suburban Amoco, 370 Scott Court, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on December 26, 2001, Suburban Amoco, waived its right to the heating required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300,00 civil penalty on behalf of Suburban Amoco. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED:January 22, 2002 City"O'lerk, City of Iowa City Resolution No. 02-27 Page 2 It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman x O'Donnell : X Pfab X Vanderhoef X Wilburn Prepared by: Robed Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB01-00032) RESOLUTION NO. 02-28 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF PRESS CITIZEN ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, the Press Citizen Co., filed with the City Clerk the preliminary and final plat of Press Citizen Addition, 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: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE NOO'OO'OO"W, ALONG THE WEST LINE OF THE · EAST HALF OF SAID SECTION 2, A DISTANCE OF 2918.93 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IOWA HIGHWAY # 1; THENCE N56'43'27"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 100.00 FEET TO TI-IR NORTHWEST CORNER OF A PROPERTY SURVEY, AS RECORDED IN PLAT BOOK 30, AT PAGE 24.3, PLAT RECORDS OF JOHNSON COUNTY, IOWA, AND THE POINT OF BEGINNING; THENCE CONTINUING N56'45'27"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1102.46 FEET TO THE MOST NORTHERLY CORNER OF SAID PROPERTY SURVEY, AND A POINT ON THE CENTERLINE OF OLD SOLON ROAD; THENCE SOUTHEASTERLY, 76.26 FEET, ALONG SAID CENTERLINE, THE NORTHERLY LINE OF SAID PROPERTY SURVEY AND AN ARC OF A 57,3.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 76.21 FOOT CHORD BEARS S42'00'52"E, TO THE MOST NORTHERLY CORNER OF AUDITOR'S PARCEL 98048, ACCORDING TO THE PLAT THEREOF RECORDED IN JOHNSON COUNTY, IOWA; THENCE S,32'01',35"E, ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL, 2.27 FEET; THENCE SOUTHEASTERLY, 154.96 FEET, ALONG SAID WESTERLY LINE, AND AN ARC OF A 690.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 154-.6`3 FOOT CHORD BEARS S17'52'29"E; THENCE Sl1'26'29"E, ALONG SAID WESTERLY LINE, 6.30.21 FEET; THENCE SOUTHEASTERLY, 260.94 FEET, ALONG SAID WESTERLY LINE, ANO AN ARC OF A 1018.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 260.25 FOOT CHORD BEARS S18'46'51"E TO A POINT ON THE EASTERLY LINE OF SAID PROPERTY SURVEY; THENCE S00°21'46"W, ALONG SAID EASTERLY LINE, 5`38.7,3 FEET; THENCE S00'01'20"W, ALONG SAID EASTERLY LINE, 210.44 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY SURVEY; THENCE S52',39'12"W, ALONG THE SOUTHERLY LINE OF SAID PROPERTY SURVEY, 700.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID PROPERTY SURVEY; THENCE NOT~43'36"W, ALONG THE WESTERLY LINE OF SAID PROPERTY SURVEY, 650.00 FEET; THENCE NO9'10'4-6"W, ALONG SAID WESTERLY LINE, 560.00 FEET; THENCE S56°50'00"W, ALONG SAID WESTERLY LINE, 190.00 FEET; THENCE N$1°`30'OO"W, ALONG SAID WESTERLY LINE, 64-0.02 FEET TO SAID POINT OF BEGINNING, CONTAINING .33.48 ACRES, ANO IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the plat and subdivision and recommended that said plat and subdivision be accepted and approved; and 000 37 Resolution No. 02-28 Page 2 WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the right-of-way as provided by law and specifically sets aside portions of the dedicated land, namely right-of-way, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. c,'r~LERK ity~rn e fs~LO~/~'. ~..~.~ ~,] It was moved by 0'Donne1] and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTA! N: 7/0 ~n accordance X Champion with Resolution O0-1l X Kanner X Lehman ~ O'Donnell Pfab X X Vanderhoef X Wilburn ppdadmin~e s~res sci~izen.doc ~ AW~ Ct ~R~J3 000138 STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo, Senior Planner Item: SUB001-00032, Press-Citizen Date: January 3, 2002 Addition Preliminary and Final Plat GENERAL INFORMATION: Applicant: Press-Citizen Company 1725 N. Dodge Street Iowa City, IA 52245 Contact Person: MMS Consulting Phone: 351-8282 Requested Action: Preliminary and final plat Purpose: To allow subdivision so that two properties can be sold for future development Location: Intersection of Dodge Street and Scott Boulevard Size: 33.48 acres Existing Land Use and Zoning: RDP/RS-5 Surrounding Land Use and Zoning: Nodh: Undeveloped, Residential, RS-5 and RR-1 South: Hickory Hill Park, P East: Undeveloped, Residential and Agricultural, ID-RS and RS-5 West: Single-Family and Hickory Hill Park, Undeveloped, P and RS-5 Comprehensive Plan: This property is within the Northeast Planning District. The Comprehensive Plan indicates Office Development and Residential at 2 - 8 units per acre. File Date: December 13, 2001 45 Day Limitation Period: January 26, 2002 SPECIAL INFORMATION Public utilities: City water and sewer service is available. Public Services: The City wild provide police and fire protection. Private refuse and recycling services will be required for non-residential uses. Transportation: A transit stop is located on Dodge Street. Physical characteristics: Rolling topography including steep, critical and protected slopes. BACKGROUND INFORMATION: The applicant, The Press-Citizen Company, has requested approval of a preliminary and final plat of the Press Citizen Addition, a 33.48-acre 3-lot subdivision. Lots 1 and 2 are zoned Research Development Park (RDP). Lot 3 is zoned Low Density Single Family Residential (RS- 5). The applicant's engineer has indicated that Lot 2 and Lot 3 will be sold for future development. Lot 1, which contains the Press-Citizen Building, will be retained by the applicant. A separate subdivision application has been submitted for a 20-lot residential subdivision on Lot 3. No public or private improvements are proposed by the applicant at this time. Approval of the plat is being requested to allow the transfer of the property. ANALYSIS: Comprehensive Plan: The Comprehensive Plan depicts the area adjacent south and east of Dodge Street as appropriate for Office Research Development. Although this area is on the northwest edge of the Northeast District Plan, the Plan does not contain any additional recommendations for this property. The property was zoned RS-5 until the 1980's when the Dodge Street frontage was rezoned to Research Development Park, RDP, to allow the construction of the Press-Citizen Building. Subdivision Design: The plat as submitted conforms to the Subdivision Code and other City requirements. Although the property contains critical and protected slopes, according to the sensitive areas ordinance, a sensitive areas overly rezoning is not required at this time because no immediate development activity is being proposed. Development activity on any of the three proposed lots will have to comply with applicable provisions of the sensitive area ordinance. Street Access: Lot 1 has an existing driveway, which intersects with Dodge Street. This will not change. To avoid additional curb cuts onto Dodge Street, vehicular access to Lot 2 will be restricted to Scott Boulevard. This should be noted on the plat and should appear in the legal papers. The Hickory Heights subdivision, which is a separate application, proposes a residential street to provide access from Scott Boulevard to Lot 3. The City has plans to improve Dodge Street. Some additional right-of-way is required from Lot 1. This has been shown on the plat. Typically when a subdivision occurs, the developer is responsible for installing sidewalks on adjacent streets. In this case the City will be rebuilding Dodge Street in the future. Rather than requiring the applicant to build sidewalks at this time, an escrow fund should be put into place to cover the cost of construction of the walks. Establishment of the escrow should be addressed in the legal papers. Stormwater management: This property is in an area served by a regional stormwater management system located within Hickory Hill Park. This system has been designed to accommodate storm water from urban development on this property and the surrounding area. The City Engineering Division has reviewed this area and finds that no additional stormwater 3 basins are required for this subdivision. Infrastructure Fees: A water main extension fee of $395.00 per acre is required for this subdivision. No sanitary sewer tap-on fees apply in this location. STAFF RECOMMENDATION: Staff recommends that the preliminary and final plat of the Press-Citizen Addition be deferred pending resolution of deficiencies. Upon resolution of deficiencies, staff recommends that the preliminary and final plat of the Press-Citizen Addition, a 3-lot, 33.48 acre subdivision, be approved subject to the approval of legal papers prior to City Council consideration of this plat. DEFICIENCIES & DISCREPANCIES: The plat should note that there will be no vehicular access from Dodge Street (Hwy 1) to Lot 2. ATTACHMENTS: 1. Location map 2. Preliminary and final plat Approved b ¢- Karirj/Franklin, Director Planning & Community Development ppdad min\st frep\subO 1-00032 doc ID-OR RS 5 ID-RS RS 5 P ID -RS RS 8 RM 12 SITE LOCATION: Dodge and Scott Blvd., final SUB01-00032 .t ......... Preliminary & Final Pla[ "'"""'~'-'"'"' ' '"'"' Press Ci[izcn AddiLion ............... Iowa City Iowa Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB01-00033) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF DEAN OAKES SIXTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Oakes Construction, Inc., filed with the City Clerk the final plat of Dean Oakes Sixth Addition, 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 Northwest Corner of Dean Oakes Fifth Addition, in accordance with the Plat thereof Recorded in Plat Book 35 at Page 296, Thence S07°16'31'', along the West Line of said Dean Oakes Fifth Addition, 127.75 feet; Thence Northwesterly, 26.64 feet, along said West Line on a 1676.74 foot radius curve, concave Southwesterly, whose 26.64 foot chord bears N83°10'49"W; Thence S06°21'53"W, along said West Line, 90.29 feet, to the Southwest Corner thereof, and a Point on the North Line of Dean Oakes Second Addition, in accordance with the Plat thereof Recorded in Plat Book 30, at Page 18, of the Records of the Johnson County Recorder's Office; Thence S00°38'48"W, along said North Line, 108.00 feet; Thence S89°08'51"W, along said North Line, 192.99 feet; Thence S57°59'59"W, along sold North Line, 240.00 feet to the Westerly Most Corner thereof, and a Point on the North Line of Dean Oakes Third Addition, in accordance with the Plat thereof Recorded in Plat Book 25, at Page 19, of the Records of the Johnson County Recorder's Office; Thence S87°10'32"W, along the North Line of said Dean Oakes Third Addition, 261.73 feet; Thence N85°ll'39"W, along said North Line, 345.00 feet, to the Northwest Corner thereof; Thence S04°30'30"W, along the West Line of said Dean Oakes Addition, 365.49 Feet; Thence S89°20'39"E, along said West Line, 58.51 feet; Thence S00°39'21"W, along said West Line, 126.58 feet, to its intersection with the North Line of a Parcel of Land Conveyed by Warranty Deed recorded in Book 1131, at Page 7, of the Records of the Johnson County Recorder's Office; Thence N89°31'01"W, along said North Line, 249.44 feet, to its intersection with the East Line of a Plat of Survey, in accordance with the Plat thereof recorded in Plat Book 26, at Page 24, of the Records of the Johnson County Recorder's Office; Thence N00°17'59"E, along said East Line, 309.89 feet, to the Northeaster Corner thereof, and the Southeast Corner of Miller Subdivision, in accordance with the Plat thereof Recorded In Plat Book 4, at Page 375, of the Records of the Johnson County Recorder's Office; Thence N00°17'59"E, along the East Line of said Miller Subdivision, and the "North Tract", of a "Survey and Subdivision of Tract IN NE ¼ NE ¼ SECTION 3-T79N-R6W", in accordance with the Plat thereof Recorded in Plot Book 16, at Page 59, of the Records of the Johnson County Recorder's Office, 601.10 feet, to the Northwest Corner of Section 2, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N87°52'02"W, 9.40 feet, to the Southeast Corner of a Tract of Land conveyed by Warranty Deed, as Recorded in Book 1070 at Page 207, of the Records of the Johnson County Recorder's Office; Thence N00°17'46"E, along the East Line of said Conveyed Tract, 327.47 feet, to its intersection with the Southerly Right of Way Line Resolution No. Page 2 of U.S. Interstate No. 80; Thence S86°30'09"E, along said Southerly Right of Way Line, 1214.50 feet, to a Point 230.0 feet normally distant Southerly of Centerline Station 981+00; Thence N85°54'10"E, along said Southerly Right-of-Way Line, 605.31 feet, to a Point 150.0 feet normally distant Southerly of Centerline Station 987+00; Thence S77'°41'56'E, along said Southerly Right of Way Line, 392.04 feet; Thence S07°45'54"E, 229.57 feet, to the Northeast Corner of said Dean Oakes Fifth Addition; Thence N88°02'12"W, along the North Line of said Dean Oakes Fifth Addition, 788.90 feet, to the Point of Beginning. Said Tract land contains 30.11 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Depadment examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,20 MAYOR Approved by ATTEST: CITY CLERK ~i[y ~,t(orne~s O-~ce Resolution No. Page 3 It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn ppdadmin\res~oakes.doc I"V~EAROON, SUEPPEI ~. DOWNER P.L.C. WILLIAM L MEARDON LAW'~:R$ JAMES D. MCCARRAGHER IOWA CFi'Y, IOWA 52~40 -1830 January 22, 2002 Mitchel T. Behr HAND DELIVERED Assistant City Attorney City of Iowa City, Iowa _ Civic Center 410 East Washington Street Iowa City, IA 52240 Re: SUB 01-00033 Dean Oakes Sixth Addition _.. Dear Mitch: Due to late-arising issues with the construction drawings and legal papers, I hereby request a deferral of the above-mentioned subdivision until the City Council's meeting scheduled for February 5, 2002. If you have any questions or concerns, please phone me. Very truly yours, Charles A. Meardon CAM:seh cc: Mr. Dean Oakes Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 02-29 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 RECREATION TRAIL 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 12th day of February, 2002, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 19*h day of February, 2002, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed this 22nd ~'y .20 02 /,,,~ . Xppr~/~~ (~I~LERK ' ' City"A~tt6rne~,'s O~ice p~ng~es~hw~6rectrail.doc 1/02 Resolution No. 02-29 Page 2 It was moved by Wi 1burn and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ~ X . Pfab X Vanderhoef X , Wilbum Prepared by: Sarah E. Holecek, 1't Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-30 RESOLUTION AUTHORIZING CONVEYANCE OF THE PROPERTY KNOWN AS PENINSULA NEIGHBORHOOD, FIRST ADDITION, IN IOWA CITY, IOWA, TO TERRY L, STAMPER HOLDINGS, L.L.C. WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement between the City of Iowa City and Terry L. Stamper Holdings, L.L.C. ("Stamper") approved by Resolution No. 00- 231 of the City Council dated June 29, 2000, and amendments thereto ("Agreement"), Stamper has agreed to develop a tract of land known as the Peninsula Neighborhood; and WHEREAS, the City Council considered and approved the final plat of the Peninsula Neighborhood, First Addition, at its June 10, 2001 meeting; and WHEREAS, pursuant to said Agreement, Stamper has agreed to purchase the Peninsula Neighborhood, First Addition, for a price equal to a per-unit base price of $3,171.00 multiplied by the total number of final site-plan approved units; and WHEREAS, said Peninsula Neighborhood, First Addition, is located in Iowa City, Johnson County, Iowa, and is described as follows: A part of Auditors Parcel No. 2001020, as recorded in the Office of the Johnson County Recorder; and located in the Southwest Quarter of Section 4, Township 79 North, Range 6 West of the 5~h Principal Meridian, Johnson County, Iowa, more particularly described as follows: Commencing at the South Quarter Corner of Section 4 Township 79 North, Range 7 West of the 5h P.M., Johnson County, Iowa; Thence N01°39'04"W, 1317.71 feet to the North Line of the Southeast Quarter of the Southwest Quarter of said Section 4; Thence S89°42'21"W, 562.55 feet to the Northeast Corner of Auditor's Parcel 2001020; Thence S89°44'39"W, 330.00 feet along Auditors Parcel 2001020; Thence N01°37'04"W, 203.27 feet along an easterly line of said parcel to the Point of Beginning; Thence N01°39'47"W, 779.35 feet along an easterly line of said Auditors Parcel 2001020; Thence S76°14'45"W, 468.87 feet along a northerly line of said Auditors Parcel 2001020; Thence N65°31'42"W, 517.98 feet along a northerly line of said parcel; Thence S27°46'06"W, 217.50 feet; Thence S62°13'54"E, 15.70 feet; Thence S27°46'06"W, 178.00 feet; Thence S62°13'54"E, 313.28 feet; Thence N29°51'49"E, 8.47 feet; Thence S60°00,57"E, 386.25 feet; Thence N29°51'49"E, 226.16 feet; Thence S85°42'14"E, 163.84 ,feet; Thence S30°01'32"W, 262.34 feet; Thence S60°08'11"E, 191.33 feet; Thence S00°01'28"W, 54.60 feet; Thence S89°59'01"E, 193.26 feet to the Point of Beginning; and containing 11.99 acres, subject to easements and restrictions of record. WHEREAS, on May 8, 2001 the City Council adopted a Resolution declaring its intent to convey its interest in the parcel, authorizing the publication of public notice of the proposed conveyance, and setting the date and time for public hearing; and Resolution No. 02-30 Page 2 WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute a Warranty Deed conveying the City's interest in the Peninsula Neighborhood, First Addition described above, to Terry L. Stamper Holdings, LL.C., in accordance with said Agreement at a price equal to a per-unit base price of $3,171.00 multiplied by the total number of final site-plan approved units. 2. The City Attorney is authorized to deliver said Warranty Deed[s] as appropriate to Terry L. Stamper Holdings, LL.C. The deed, and any other documentation required by Iowa Code §364.7 (2001), shall be recorded by the City Attorney's Office in the Johnson County Recorder's Office at the purchasers' expense. Passed and approved this 22nd dayof Jan~-~ . ClT'f'"'C LERK ' sarah~peninsula~res convey Resolution No. 02-30 Page 3 It was moved by Vanderhoef and seconded by ,Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell ~ X Pfab X Vanderhoef X Wilburn City of Iowa City Civic Center Iowa City, Iowa 52240 20 January 2002 Dear Representatives: I am writing to express the concern of many of my neighbors on the peninsula regarding the intersection of Foster Road and Dubuque Street. We are requesting that you move to install traffic lights at that intersection immediately. This request is prompted by the heavy traffic on Dubuque Street and the increas- ing traffic density on Foster Road. Each of us has horror stories of near-miss acci- dents at this intersection. This situation is particularly difficult at peak times (around 8:00 and 9:00 a.m., when Elks functions let out, when church functions let out, on game days, etc.) but with the increased population density and attendant traffic it is becoming a generalized problem. Of course, the situation is aggravated by the fact that only rare moterists have decreased their speed to 35 MPH by the time they arrive at the intersection. In fact, it is our observation that often they don't begin slowing down until they are nearing Taft Speedway. Given the volume of traffic on both Foster and Dubuque, waits can be lengthly as when, the other night, I personally sat for over 20 minutes behind about 10 cars on a late Sunday afternoon on Taft since, unbenownst to me, a church function was letting out at that time. The first driver in such a line often appears to take risks to get onto Dubuque Street, knowing that he or she is holding up traffic for so many people. This is true not only for drivers turning left but also for those turning right. It is in the hopes of avoiding a fatal crash or other serious injury that we are requesting a light at this time. Parenthetically, my neighbors and I have a hard time comprehending how even the lights will solve the traffic crisis which will develop in the future if the City's high density Peninsula Project goes forward as planned. If the quality of life on the peninsula has already degraded for Iongterm residents, we have a hard time understanding how this project will succeed given the traffic gridlock which will inevitably occur as residents and clients for the projected businesses come and go all day long. The very qualities which make this a unique piece of land will be undermined if the traffic headaches associated with urban and suburban density are allowed to develop here. But then maybe "Bucky" wasn't interested in quality of life issues associated with traffic ... and, come to think of it, if we all meditated enough none of this would be a problem. Thank you for considering this request. Sincerely, Wendelin Guentner President Stonewall Townhouse Association 570 Foster Road Iowa City, Iowa 52245 351-4600 7 Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 02-3] RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-rEST AN ADDENDUM TO THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE NORTH DODGE STREET PROJECT STP-1-5(69)--2C-52. WHEREAS, the City of Iowa City, Iowa has negotiated an addendum with the Iowa Department of Transportation, said addendum being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said addendum to the agreement with the Iowa Department of Transportation STP project for STP-15(69)--2C-52 for the reconstruction of North Dodge Street from the one way pair at Governor Street north to the 1~80 interchange. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF~ THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned addendum to the agreement, and the addendum is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the addendum between the City of Iowa City and the Iowa Department of Transportation funds in duplicate 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 22nd dayof Ja~rt~ · ~I~LERK Cit~ A{t~rr~ey's f~ff~ce It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn StaffAction No: S-2002-0866 ADDENDUM TO COOPERATIVE AGREEMENT 2000-16-173 County Johnson City Iowa City Project No. STP-1-5(69)--2C-52 Iowa DOT Addendum No. 2000-16-173A This Addendum, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the City of Iowa City Iowa, hereafter designated the "CITY" in accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections 28E.12 and 306A.7; WITNESSETH; that WHEREAS, the CITY in joint cooperation with the DOT proposes to improve an extension of Primary Road No. Iowa 1 within Johnson County, Iowa; and WHEREAS, the DOT and the CITY are willing to jointly participate in said project, in the manner hereinafter provided; and WHEREAS, Agreement 2000-16-173 has been previously executed for the above referenced project. The Agreement was signed by the CITY and DOT on December 19 and 22, 2000 respectively. WHEREAS, this Addendum reflects the current concept of this project which is subject to modification by the DOT; and NOW, THEREFORE, IT iS AGREED as follows: 1. The CITY, in joint cooperation with the DOT, proposes to develop and construct a project for reconstruction of Iowa 1 (North Dodge Street) within the CITY fi.om the north end of the Iowa 1, Governor Street/Dodge Street one-way pair, extending northeasterly to the 1-80 interchange south ramp terminal. The proposed project will provide for a three-lane cross section fi~om the end of the one- way pair northeasterly to a tie-in with the CITY's recently completed project at Scott Boulevard. A four-lane cross section will be provided fi.om the CITY's Scoa Boulevard project northeasterly to 1-80. The total estimated cost of the concept was approximately $5,857,210 which included engineering, right of way and construction. Special Provisions 2. The funding breakdown contained in Section 2.F. on page 2 of previously executed Agreement 2000-16-173 (see Section 2 above) is shown below: CITY STP Funds (lump sum) - $ 887,759 CITY local funds (lump sum) - $ 221,939 DOT Primary Road Funds (Estimated) - $4,747,512 Estimated Total $5,857,210 3. Subsequent to execution of Agreement 2000-16-173 (see page 1 of this Addendum) the DOT approved the 2002-06 Transportation Improvement Program. Due to the unexpected decrease in available revenues, this project has been re-progranm~ed for Engineering and Right of Way acquisition in fiscal year 2002 and construction in fiscal year 2005. 4. Originally, the total project costs were proposed to be split between fiscal year 2001 ($1,519,000) for engineering and right of way and fiscal year 2003 ($4,339,000) for construction. Subsequently, the DOT requested and the CITY agreed that CITY STP Funds and required matching funds fi.om CITY local funds shall be used to purchase project related design engineering services for fiscal year 2002. The actual costs of these services shall be credited to the total CITY participation as noted in Section 2 herein. 5. Subject to approval by the DOT, the CITY shall contract with an engineering firm for the necessary design engineering services for this project and shall administer said contract under the direction of the DOT. Since federal funds are to be used for the design engineering services, the federal consultant selection process shall be followed. Upon presentation by the CITY of billings properly documenting payments for said design engineering services, the CITY shall receive reimbursement of Federal STP funds for authorized and approved costs of eligible items. The portion of the eligible project costs paid by Federal STP funds shall be limited to the lesser of: 1) 80 percent of eligible costs; or 2) the amount stipulated in the current Transportation Improvement Program (TIP) of the Johnson County Council of Governments and approved in the cra-rent Statewide Transportation Improvement Program (STIP). General Provision 6. The CITY will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, sex, color, national origin, religion or disability, be excluded fi:om participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. Miscellaneous Provisions 7. Previously executed Agreement 2000-16-173 (see section 2 herein) will remain in full force and effect except as amended herein. 8. It is the intent of both parties that no third party beneficiaries he created by this Addendum. 9. If any section, provision, or part of this Addendum will be found to be invalid or unconstitutional, such judgment will not affect the validity of the Addendum as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional. 10. This Addendum may be executed in two counterparts, each of which so executed will be deemed to be an original. 11. This Addendum as well as the unaffected provisions of the previously executed Agreement 2000-16-173 (see Section 2 herein) represents the entire Agreement between the CITY and DOT regarding this project. Any subsequent change or modification to the terms of this Addendum will he in the form ora duly executed amendment to this document. IN WITNESS WHEREOF, each o f the parties hereto has executed Addendum No. 2000-16-173 A as of the date shown opposite its signature below. CITY OF IOWA CITY: ~Date January 22 ,200 2 . Title: Mayor I, Marian K. Kart , certify that l am the Clerk ofthe CITY, andthat Ernest W. Lehman , who signed said Addendum for and on behalf of the CITY was duly authorized to execute the same on the ? ? n d day of .1 a n. ~ ry .200 2 . Signed ~~9 ~ ~4~J City Clerk o£Iowa City, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By: Ir~"O]'la'~t ~- JC"O-O-~5 Date /- ~ ,200 Z Richard E. Kautz District Engineer Distdct 6. II Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138 RESOLUTION NO. 02-32 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, THE IOWA DEPARTMENT OF TRANSPORTATION AND HOWARD R. GREEN COMPANY, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE NORTH DODGE STREET PROJECT, STP-1-5(69)--2C-52. WHEREAS, the City of Iowa City desires to improve and expand the City's street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the reconstruction of Dodge Street from the one-way pair at Governor Street north to the 1-80 interchange will enhance traffic flow in northeast Iowa City; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the North Dodge Street Project STP-1-5(69)--2C-52. WHEREAS, the City of Iowa City and the Iowa Department of Transportation have negotiated an Agreement for said consulting services with Howard R. Green Company, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement on file in the City Engineer's Office 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 referenced Consultant's Agreement in triplicate. Passed and approved this 22nd day of ,200~. CITY-CLERK City"Attdrney'~ Office Resolution No. 02-32 Page 2 It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman -"-X-- O'Donnell x Pfab X Vanderhoef X Wilbum 01-22-029 I Prepared by: Beth Pfohl, PCD, 410 E. Washington St., Iowa City, IA 52240 (3t9) 256-5254 RESOLUTION NO. 02-33 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENT OF THE INTERSECTION OF IOWA HIGHWAY 1 AND SUNSET STREET. WHEREAS, the intersection of U.S. Highway 1 and Sunset Street in Iowa City is under the jurisdiction of the Iowa Department of Transportation; and WHEREAS, the intersection of Iowa Highway I and Sunset Street in Iowa City contains an inadequate median opening for cross traffic on Sunset Street, creating uncomfortable conditions for left turning motorists; and WHEREAS, widening of the median opening will require re-positioning of traffic signal detection loops enabling the installation of video traffic signal detection equipment; and WHEREAS, restriping of southbound Sunset Street will provide a southbound shared through/right turn lane and a separate southbound left turn bay; 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 widening the Iowa Highway 1 median, installing video traffic signal detection equipment, and restriping southbound Sunset Street. 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 Depadment of Transportation for widening the Iowa Highway 1 median, installing video traffic signal detection equipment, and restriping southbound Sunset Street. 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 22nd dayof January ,20 Approved by CITY'CLERK ' City Attorney's Office Jccogtp\res\hwyl sunset.doc Resolution No. 02-33 Page 2 It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell ' X Pfab X Vanderhoef X Wilbum January 2001 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR URBAN-STATE TRAFFIC ENGINEERING PROGRAM (U-STEP) PROJECT CITY: Iowa City PROJECT NO: UST-1-5(74)--4A-52 Iowa Department of Transportation AGREEMENT NO:6-01-USTEP-19 STAFF ACTION NO: 02-0498 This is an agreement between the city of Iowa City, (hereinafter called CITY) and the Iowa Department of Transportation (hereinafter 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 pement DEPARTMENT funds and 45 percent local funds, up to a maximum 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: Spot Improvement: To improve the intersection of Iowa Highway ! and Sunset Street. This project is to w/den the median, install video traffic detection equipment, and restripe the southbound lanes of Sunset Street. 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: 6-10-USTEP-19 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 fight-of-way cost for this project is $93,960. 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. Agreement No.: 6-01-USTEP-19 Page 3 IN WITNESS WHEREOF, each c~f the parties hereto has executed Agreement Number 6-10-USTEP-19 as of the date shown opposite its signature below. City:Io/,wa~. /. ~ylo Bl~.Date danuary 22 , Title Mayor I, Marian K, Karr , certify that I am the Clerk of the CITY, and that Ernest W. Lehman , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 22nd day of danuary , 200~2. Signed ?~?.o.~.-t.,.~5 ]{'J ')~.4_~.-fi Date danuar.y 22 , 2002 City Clerk of Iowa City, Iowa Approved By City Attorney's Office IOWA DEPARTMENT OF TRANSPORTATION Highway Division By ~ ~, ~"- Date P'~-~ ~,~ ~-~- ~ , 2 ~ Roger R. Walton, P.E. Local Systems Engineer District6 Januar~ 2001 U-STEP EXHIBIT Standard Provisions for Project Agreement 1. The CITY shall comply with all provisions of the equal employment 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 pamel, 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. 11. 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 project'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 I 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 our 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 pementage (%) 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 cer[ify that the CITY used positive efforts to utilize TSBs as participants in this project. PROJECT ENGINEER/MANAGER DATE Iowa Department of Transportation District 6 319-364-0235 430 Sixteenth Avenue SW FAX: 319-364-9614 P.O. Box 3150, Cedar Rapids, IA 52406-3~50 roger.walton@dot,state.ia.us December 17,2001 Itel: UST-1-5(74)---4A-52 Johnson County City of Iowa City Agreement 6-01-USTEP- 19 Beth Pfohl Traffic Engineering Planner 410 East Washington Street Iowa City, IA 52240 SUBJECT: USTEP Project Dear Beth: i have attached two (2) copies of an agreement between the city of Iowa City and the Iowa Department of Transportation for the above referenced project. The project involves improvement to the intersection of Iowa Highway 1 and Sunset Street. This project is to widen the median, install video traffic detection equipment, and restripe the southbound lanes of Sunset Street. Please secure the necessary approvals and signatures of your city council and return both signed copies of the agreement to this office for further processing. After I receive the signed copies of the agreements, I will have the agreements signed by the Iowa DOT personnel and have a fully executed agreement returned to your office. If you have any questions concerning this agreement, please contact me at the above listed phone number. Very truly yours, Roger R. Walton, P.E. Local Systems Engineer RRW:keh Attachment City of Iowa City MEMORANDUM Date: January 3, 2002 To: City Council From: Beth Pfohl, JCCOG Traffic Engineering Planner~ Re: Improvements to the Intersection of Iowa Highway I and Sunset Street In August 2001, a request was sent to the Iowa Department of Transportation from the City of Iowa City requesting Urban-State Traffic Engineering Program (U-STEP) funds for the above referenced project. The intersection improvements involve widening the Iowa Highway 1 median opening, installing video traffic signal detection equipment, and restripin9 southbound Sunset Street. Prior to applying for U-STEP funding, the Iowa Department of Transportation required us to conduct a study to evaluate the operation of traffic at the intersection of Iowa Highway 1 and Sunset Street. The study showed that the median opening to accommodate cross traffic from Sunset Street was inadequate to "comfortably" contain simultaneous left turns from the northbound and southbound directions. Two left-turning vehicles pass each other at a separation of approximately 6 feet, when typically a minimum of 12 feet is desired. With the widening of the median on Iowa Highway 1, the traffic signal detection loops will no longer be located in the correct positions. As a result, the detection loops will be taken out and replaced with video traffic signal detection. Video traffic signal detection is much easier to maintain and will eliminate detection loop failure due to shifting pavements. The re-striping of southbound Sunset Street will provide for a southbound shared through/right turn lane and a separate southbound left turn bay. By re-striping, we hope to see a reduction in vehicle delay and queuing. Recently, we received notification from the Iowa Department of Transportation confirming U- STEP funding for the Iowa Highway 1 and Sunset Street intersection improvements. The U- STEP program requires the City of Iowa City to engineer and administer the project, as well as commit to 45% of the estimated project cost. With the total project cost coming to $93,960, the City of Iowa City will be required to provide $42,282. We hope to start the project in April 2002 and finish in October 2002. Please contact me with any questions. cc: Rick Fosse, City Engineer John Sobaski, Assistant Superintendent of Streets Jeff Davidson, Director of Traffic Engineering Planning Indexbc\memos\hwylsunset.doc Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 02-34 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY02 and FY03; and WHEREAS, it is in the public interest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the schedule of fees and charges for parks and recreation services and programs as approved by the Parks and Recreation Commission on January 9, 2002, and attached hereto, be adopted for FY02 and FY03. Passed and approved this 22nd dayof Januar.y ,2002. Approved by CITY'CLERK City Attorney's Office It was moved by Vanderhoef and seconded by Champ'ion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell Pfab .X × Vanderhoef X Wilburn 12/7/01 City of Iowa City Parks and Recreation Department RECREATION DIVISION FEES & CHARGES FY97-02 PROPOSED FY2003 And TENTATIVE PROPOSALS FOR FY04 & FY05 (to be reviewed annually) Adopted by the Parks & Recreation Commission I/9/02 SPORTS/ PROPOSED ESTIMATED TENTATIVE TENTATIVE WELLNESS FY97 FY98 FY99 FY00 FY01 FY02 FY03 TOTAL PARTICIPANT FY04 FY05 Aerobics - 5 classes 10.00 10.00 11.25 11.25 12.50 12.50) 13.75 13.75 15.00 10 classes 20.00 20.00 22.50 22.50 25.00 25.00) 27.50 $9,625 350 27.50 30.00 Punch card 33.75 33.75 37.50 37.50 41.25 41.25 45.00 $6,750 150 45.00 48.75 Fitness 20.00 20.00 22.50 22.50 25.00 25.00 27.50 $5,500 200 27.50 30.00 SB/BB Field Rental- Without lights 7.00 7.50 7.50 8.00 8.00 8.50) 8.50 9.00 9.00 With lights 22.00 24.00 24.00 25.00 25.00 26.00) 26.00 $7,762(T) 450 27.00 27.00 Soccer Field Rental- Rental 7.50 8.50 $2,550C0 300 9.00 9.00 Rental w/fiald prep 15.00 15.00 17.00 17.00 Adult Softball- Summer leagues 335.00 335.00 340.00 340.00 345.00 345.00 350.00 $22,400(T) 64 teams 350.00 355.00 Co-cd tcams 360.00 365.00 365.00 370.00 $14,800(T) 40 teams 370.00 375.00 Fall leagues 180.00 180.00 185.00 185.00 190.00 190.00 195.00 $6,240(T) 32 teams 195.00 200.00 Co-ed teams 195.00 200.00 200.00 205.00 $3,280(T) 16 teams 205.00 210.00 Forfeit fee 10.00 10.00 10.00 10.00 10.00 10.00 0.00 0 0 0.00 0.00 Adult Volleyball- Indoor leagues 85.00 90.00 90.00 95.00 95.00 I00.00 100.00 $17,600(T) 176 teams 105.00 105.00 Outdoor leagucs 55.00 60.00 60.00 65.00 65.00 70.00 70.00 $1,120(T) 16 teams 75.00 75.00 Forfeit fee 10.00 10.00 10.00 10.00 10.00 10.00 0.00 0 0 0.00 0.00 Adult Basketball- League fee 180.00 185.00 185.00 190.00 190.00 195.00 195.00 $I5,600(T) 80 teams 200.00 200.00 Forfeit fee 10.00 10.00 10.00 10.00 10.00 10.00 0.00 0 0 0.00 0.00 High School Basketball-League Fee 80.00 85.00 85.00 90.00 90.00 95.00 95.00 $3,040(T) 32 teams 100.00 100.00 Racquetball- Court fee (hour) 2.50 3.00 3.00 3.00 3.00 3.00 3.50 $1,662(T) 475 3.50 3.50 Lessons 5.50 5.50 5.75 5.75 6.00 6.00 6.50 $300 50 6.50 6.50 Youth Football 17.50 17.50 20.00 20.00 22.50 22.50 25.00 $13,750 550 25.00 27.50 Youth Volleyball 17.50 17.50 20.00 20.00 22.50 22.50 25.00 $3,125 125 25.00 27.50 Youth Basketball 17.50 17.50 20.00 20.00 22.50 22.50 25.00 $1.0,000 400 25.00 27.50 SPORTS/ PROPOSED ESTIMATED TENTATIVE TENTATIVE WELLNESS FY97 FY98 FY99 FY00 FY01 FY02 FY03 TOTAL PARTICIPANT FY04 FY05 Youth Gymnastics- 5 sessions $.75 8.75 10.00 10.00 11.25 11.25) 12.50 12.50 13.75 10 sessions 17.50 17.50 20.00 20.00 22.50 22.50) 25.00 $4,125 220 25.00 27.50 NJTL Tennis (24) 21.00 21.00 24.00 24.00 27.00 27.00 30.00 $5,100 170 30.00 33.00 Youth Tennis (10) 17.50 17.50 20.00 20.00 22.50 22.50 25.00 $875 35 25.00 27.50 Adult Tennis (10) 20.00 20.00 25.00 25.00 30.00 30.00 35.00 $3,500 100 35.00 40.00 TOTAL SPORTS/WELLNESS REVENUE $158,704 Less Sales Tax 4,803 GRAND TOTAL SPORTS/WELLNESS REVENUE ~ (T) Either entirely or partially subject to sales tax SCANLON PROPOSED ESTIMATED TENTATIVE TENTATIVE GYMNASIUM FY97 FY98 FY99 FY00 FY01 FY02 FY03 TOTAL PARTICIPANT FY04 FY05 REVENUE NUMBERS Scanlon Gym- Preschool Activities $5-10 $5-10 ($7.50) $9,375 1,250 $8-15 $8-15 Jr. High Activities $3-25 $3-25 ($14) $10,500 750 $3-30 $3-30 Sr. High Activities $10-90 $10-90 ($50) $5,000 I00 $10-90 $10-90 Scanlon Gym- Misc. Activities $3-25 $3-25 ($14) $10,500 750 $3-25 $3-25 Rentals, $18,500 Special Events, etc. $5,000 Preschool Junior High Senior High Miscellaneous Rentals Tot FUNdamentals (Tot Shooter, Tot Kickers, etc.) Dances 9 Foot Basketball Golf Lessons (FY03 Hook a Kid on Golf) Playstation Rentals Tot Time Lock-ins 3 on 3 Tournament 4t~-6t~ Grade Special Parties Gym Start Stoat'( Teen Nights Flag Football League 4t~-6th Grade Field Trips Procter & Gamble Room Dash and Dine Intramurals Volleyball League Special Events Ovemighters Special Events Field Trips Special Events Summer Adventure Club Special. Events TOTAL SCANLON GYMNASIUM REVENUE $58,875 GRAND TOTAL SCANLON GYMNASIUM REVENUE SOCIAL/ PROPOSED ESTIMATED TENTATIVE TENTATIVE CULTURAL FY97 FY9$ FY99 FY00 FY01 FY02 FY03 TOTAL PARTICIPANT FY04 FY05 Dark Room (2 hrs.) 7.00 7.00 5.00* 5.00* 6.00* 6.00* 6.50* $338 52 6.50* 7.00* Pot~efs Studio- Card (4 months) 40.00 40.00 50.00 50.00 55.00 60.00 60.00 $4,200 70 65.00 65.00 Clay (25 lbs.) Cost+5% Cost+5% Cost+5% Cost+5% Cost+5% Cost+5% Cost+5% $2,400 200 bags Cost+5% Cost+5% Kindergrounds- I day/week 4.00 4.00 5.00 5.00 2 days/week 8.00 8.00 10.00 10.00 12.00 12.00 14.00 $3,220 230 14.00 16.00 Children's Theatre 20.00 20.00 24.00 24.00 24.00 24.00 26.00 $2,600 100 26.00 28.00 Science & Nature 10.00 10.00 12.00 12.00 14.00 14.00 16.00 $800 50 16.00 18.00 Children's Cultural 10.00 10.00 12.00 12.00 12.00 12.00 14.00 $17,920 1,280 14.00 14.00 Adult Cultural 45-55 45-55 50-60 50-60 55-65 55-65 60-70 $16,250 250 60-70 60-70 Children's Social 8-16 8-16 10-20 10-20 10-20 12-22 12-22 $25,600 1,600 12-22 12-22 Summer Camp (2 wk. session): One session 120.00 130.00 135.00 135.00 140.00 150.00 155.00 160.00 160.00 Two sessions 240.00 260.00 270.00 270.00 280.00 300.00 310.00 320.00 320.00 Three sessions 360.00 390.00 405.00 405.00 420.00 450.00 465.00 480.00 480.00 Four sessions 480.00 520.00 540.00 540.00 560.00 600.00 620.00 $74,400 480 640.00 640.00 Supervised Play 16.00 16.00 18.00 20.00 20.00 20.00 22.00 $6,600 300 22.00 22.00 FREE PROGRAMS: Summer Playgrounds Halloween Parade Swim Fest Winter Carnival TOTAL SOCIAL/CULTURAL REVENUE ~ * No longer provide chemicals - room use only 5 PROPOSED ESTIMATED TENTATIVE TENTATIVE AQUATICS FY97 FY98 FY99 FY00 FY01 FY02 FY03 TOTAL PARTICIPANT FY04 FY0$ Daily Admissions- Youth 1.25 1.50 1.75 1.75 2.00 2.00 2.25 $58,950 26,200 2.25 2.50 Adult 1.75 1.75 1.75 1.75 2.00 2.00 2.25 $72,000. 32,000 2.25 2.50 TOTAL DAILY ADMISSIONS $130,950(T) Punch Cards- Youth (20 adm.) 21.25 25.50 29.75 Adult/Individual 29.75 29.75 29.75 29.75 34.00 34.00 38.25 $43,987 1,150 38.25 40.50 TOTAL PUNCH CARDS $43,987C0 3 Month Passes- Youth 49.00 59.00 68.00 Adult/Individual 68.00 68.00 68.00 68.00 78.00 78.00 88.00 $4,400 50 88.00 98.00 Family (4 people) 117.00 127.00 136.00 136.00 156.00 156.00 176.00 $9,680 55 176.00 196.00 1 ~t addition 10.00 15.00 15.00 15.00 15.00 15.00 20.00 $120 6 20.00 20.00 Other additions 10.00 15.00 15.00 15.00 15.00 15.00 20.00 $80 4 20.00 20.00 Annual Passes- Youth 98.00 118.00 136.00 Adult/Iadividual t36.00 136.00 136.00 136.00 156.00 156.00 176.00 $21,120 120 176.00 196.00 Family (4 people) 234.00 254.00 272.00 272.00 312.00 312.00 352.00 $14,080 40 352.00 392.00 1u addition 20.00 30.00 30.00 30.00 30.00 30.00 35.00 $140 4 35.00 35.00 Other additiuns 20.00 30.00 30.00 30.00 30.00 30.00 35.00 $140 4 35.00 35.00 TOTAL PASSES $49,760(T) Pool Rentals (per hr.)- General Public: Rec. Center 25-50 25-50 25-50 25-50 30-55 30-55) 30-55 30-55 30255 MPAC 75.00 75.00 75.00 75.00 75.00 75.00) 75.00 $885 20 75.00 75.00 Swim Ciub: 25 yard/meter 15.00 15.00 15.00 15.00 20.00 20.00) 20.00 20.00 20.00 50 yard/meter 30.00* 30.00* 30.00* 30.00* 30.00* 35.00*) 35.00* $11,800 455 35.00* 35.00* TOTAL RENTALS $12,685(T) * Exclusive use of entire eight lanes of the pool (T) Either entirely or partially subject to sales tax 6 PROPOSED ESTIMATED TENTATIVE TENTATIVE AQUATICS FY97 FY98 FY99 FY00 FY01 FY02 FY03 TOTAL PARTICIPANT FY04 FY0$ Inslmctional hue, rams Parent/Tot (10 ~ 45 min.) 17.50 17.50 17.50 20.00 20.00 20.00 22.50 $5,940 264 22.50 22.50 Preschool (10 ~ 45 min.) 17.50 17.50 17.50 20.00 20.00 20.00 22.50 $11,250 500 22.50 22.50 *Red Cross Basic Lessons (10 ~ 45 min.) 18.50 18.50 18.50 21.00 21.00 21.00 23.50 $30,785 1,310 23.50 23.50 Private Lessons (20 min.) 27.50 27.50 30.00 15.00($3/ 20.00($4/ 22.50 27.50 $25,300 920 27.50 30.00 Adult class) class) (10 ~ 45 min.) 20.00 20.00 22.50 22.50 25.00 25.00 27.50 $825 30 27.50 27.50 Diving (I0 (~ 45 min.) 17.50 17.50 17.50 20.00 20.00 20.00 22.50 $900 40 22.50 25.00 *Basic Water Rescue (10 hrs.) 18.50 18.50 20.00 20.00 22.50 22.50 25.00 $250 10 25.00 27.50 *Lifeguarding (46 hfs) 75.00** 75.00 75.00 80.00 80.00 80.00 85.00 $1,700 20 85.00 85.00 *Water Safety Aide (20 hrs.) 41.00 41.00 41.00 42.00 42.00 42.00 45.00 $450 10 45.00 45.00 *Water Safety Instructor (40 hrs.) 81.00 81.00 81.00 82.00 82.00 82.00 85.00 $850 10 85.00 85.00 *Lifeguard Instructor (27 hrs.) 44.00 44.00 44.00 45.00 45.00 45.00 50.00 $500 10 50.00 50.00 TOTAL INSTRUCTIONAL PROGRAMS $78,750 * These fees include a $1 surcharge by the American Red Cross. * * Required class hours increased from 30' to 46 hours 7 PROPOSED ESTIMATED TENTATIVE TENTAT1V[ AQUATICS FY97 FY98 FY99 FY00 FY01 FY02 FY03 TOTAL PARTICIPANT FY03 FY05 Aquacisc (hr.) 2.00 2.00 * * * * * * * Aqua-Pass NA Aqua-Punch 33.75 33.75 37.50 37.50 41.25 41.25 45.00 $19,125 425 45.00 48.75 TOTAL AQUACISE/AQUA-PUNCH $19,125 Lockers- City Park .10-.50 .10-.50 .10-.50 .10-.50 .25-.50 .25-.50 .25-.50 $1,590 4,184 .25-.50 .25-.50 Mercer Park .10-.50 .10-.50 .10-.50 .10-.50 .25-.50 .25-.50 .25-.50 $6,400 22,069 .25-.50 .25-.50 TOTAL LOCKERS $7,990 Other Aquatics Revenue- School District (cost share for MPAC; 25% of specified items; 28E Agreement) $ 65,000 Vending - Mercer Park Aquatic Center $ 3,700 Vending - City Park Pool $ 2,215 TOTAL OTHER AQUATICS $ 70,9~5 TOTAL AQUATICS REVENUE $414,162 Less Sales Tax -I 1,869 GRAND TOTAL, AQUATICS REVENUE ~ * Program all admitted by punch card PROPOSED ESTIMATED TENTATIVE TENTATIVt SPECIAL FY97 FY98 FY99 FY00 FY01 FY02 FY03 TOTAL PARTICIPANT FY04 FY05 POPULATIONS REVENUE NUMBERS SPI Clubs 6.00 6.00 6.00 7.00 7.00 7.00 8.00 $400 50 8.00 8.00 SPI Special Events 2-16 2-16 2-16 2-16 3-I8 3-18 3-18 (10.50) $840 80 4-19 4-19 SPI Ree Programs 5-15 5-15 5-15 5-15 10-15 10-15 10-15(12.50) $2,500 200 12.50-17.50 12.50-17.50 SPI Adapted Aquatics (10 week classes) 15.00 15.00 15.00 16.00 22.50 22.50 25.00 $1,000 40 25.00 25.00 SPI Clubs SPI Special Events SPI Recreation Programs *Goodtimer Club *Bowling Tournament & Banquet SPORTS & FITNESS INDEPENDENT LIVING: *Coffeehouse Club Special Olympics Competitions *Aerobic Dance Softball *Cooking Sibship Halloween Dance Basketball *Aquatics * Sign Language FRIENDS Other Holiday Special Events Gymnastics Bicycling *Relaxation Summer Picnic Cheerleading Downhill and *Environmental Education Misc. Others *Fishing Cross Country Skiing *Leisure Education Track & Field (and other topics of interest to participants) Soccer *Aqua-Stretch SPI Adapted Aquatics OUTDOOR NATURE ACTIVITIES: ARTS & CRAFTS: *Swim instruction for persons w/physical limitations only Hiking *Fascinating Flowers *Swim instruction for children & adults w/special needs Plant & Animal Life Classes *Art in the Park *Pottery MUSIC PROGRAMS: *Fabric Paints Art Vocal Music Groups Drama classes (iazz, ballet, modem, line dance, Rhythm Instrument Groups creative dance, square dance, etc.) Special Olympics Program *Many other art classes using a variety of materials See SP1 Recreation Programs TOTAL S.P.I. REVENUE ~ * Programs/activities for which fees are assessed 9 PROPOSED ESTIMATED TENTATIVE TENTATIVI RECREATION FY97 FYgg FY99 FY00 FY01 FY02 FY03 TOTAL PARTICIPANT FY04 FY05 CENTER REVENUE NUMBERS Room Rentals- (per 3 bx. use) Mtg. Room]Kitchen/ Craft Room 7.50 8.00 8.00 8.00 9.00 9.00 10.00 $6,000 600 10.00 11.00 Social Hall 37.50 40.00 40.00 40.00 45.00 45.00 50.00 $12,500 250 50.00 55.00 Gymnasium (per bx./ct) Half Court 18.75 18.75 20.00 20.00 22.50 22.50 25.00 $1,875 75 25.00 27.50 Full Court 37.50 37.50 40.00 40.00 45.00 45.00 50.00 $3,750 75 50.00 55.00 Game Room (hr.) 12.50 12.50 15.00 15.00 15.00 17.50 17.50 0 0 20.00 20.00 Locker Rentals- Dally (coin-operated) .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 Monthly 2.00 3.00 3.00 3.00 5.00 5.00 7.00 7.00 7.00 Six Months 10.00 15.00 15.00 15.00 20.00 20.00 24.00 $5,000 850 24.00 24.00 Vending, Rec. Ctr. $5,820 Equipmem Rental- Weekday 2.00 3.00 3.00 3.00 4.00 4.00 5.00 5.00 6.00 Weekend 4.00 6.00 6.00 6.00 7.00 7.00 8.00 $1,000 180 8.00 9.00 Game Room No fee No fee No fee No fee No fee No fee No fee No fee No fee Weight Room No fee No fee No fee No fee No fee No fee Drop-in Use No fee No fee No fee No fee No fee No fee No fee No fee TOTAL RECREATION CENTER $35,945 FARMERS MKT - Daily 6.50 6.50 7.00 7.00 8.00 8.00 8.50 $340 40 8.50 9.00 Season (per market) 5.00 5.00 5.50 5.50 6.00 6.00 6.50 $17,335 2,667 6.50 7.00 TOTAL FARMERS MARKET $17,675 GARDEN PLOTS 10.00 10.00 12.00 12.00 14.00 14.00 16.00 $1,248 78 16.00 18.00 OTHER NON-PROPERTY TAX REVENUES Hotel/Motel Tax (25% supports MPAC Operations=l 5°/d$84,000 & Scanlon Gymnasium 10%/$56,000) .................... $140,000 Non-resident fees (for miscellaneous activities throughout division) ................................................................. 6,000 Commissions (telephone, other misc.) ......... :. ......................................................................................... 2,640 Low income discounts ...................................................................................................................... (4~000) TOTAL OTHER REVENUE $199,508 GRAND TOTAL, RECREATION DMSION REVENUE ~ (non-properly tax) 10 Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 02-35 RESOLUTION SUPPORTING THE EXPANSION OF THE IOWA BEVERAGE CONTAINER DEPOSIT LAW WHEREAS, recycling is a component of the locally adopted solid waste management plan, and; WHEREAS, the Beverage Container Deposit Law provides a financial incentive through the refundable deposit that has all but eliminated can and bottle litter in Iowa, and; WHEREAS, the iowa Environmental Health Association reports that there has never been a confirmed food-borne illness outbreak as a result of bottle and can redemption or handling in an Iowa grocery store or redemption center, and; WHEREAS, the Beverage Container Deposit Law funds itself through the nickel deposit and refund, and relies on no taxes or unfunded mandates to local governments, and; WHEREAS, through the Beverage Container Deposit Law, Iowans recycle more than 90% of containers compared to only 30% in states without similar legislation, and; WHEREAS, states with deposit laws also have a higher participation rate in residential recycling than do non-deposit states, and; WHEREAS, according to an independent survey by the University of Northern Iowa in January, 2001, 86% of Iowans supported the Iowa Beverage Container Deposit Law and 73% supported expansion of the law, and; WHEREAS, the Beverage Container Deposit Law has resulted in local economic development through the establishment by private citizens of redemption centers, creating jobs in the private sector, including jobs for those with disabilities. NOW, THEREFORE, be it resolved that the City Council of Iowa City, Iowa supports the Beverage Container Deposit Law and encourages its strengthening through: a. Creation of the Robert D. Ray Beautiful Land Fund to support local and state ~itter and recycling initiatives; b. Expanding the list of included items to include deposits on tea, water, fruit and vegetable drinks, sports drinks, and other non-carbonated beverages excluding milk; c. Increasing the handling fee per container from 1 cent to 2 cents; d. Requiring all beverage containers sold in Iowa to have a minimum post-consumer recycled content of 25% by weight, Be it further resolved that the City Council encourages all residents to return or recycle all beverage containers and other recyclable materials and to fully utilize the City's curbside recycling program. Resolution No. 02-35 Page 2 Passed and approved this 22n~d day of Janu~,~ , 2002. Approved by City Attorney's Office mgr/re$/BCDL doc Resolution No. 02-35 Page 3 It was moved by Vanderhoef and seconded by t~i]burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion ~( Kanner × Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn