HomeMy WebLinkAbout2006-02-28 Resolution
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Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 06-50
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/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license/permit, to wit:
One-Eyed Jake's - 18-20 S. Clinton Street
,20 06 .
l~ j) Q~.
Passed and approved this 28th day of
~
MAYOR
ATTEST:~)<<. ~
CIT CLERK
Approved by
~~ \,~-Ol,..
City Attorney's Office
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
Bailey
the
AYES:
x
x
---1L-
x
x
----.X...-.
---1L-
NAYS:
ABSENT:
_ Bailey
_ Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
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ITmJ
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO.
06-51
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct
tax required by law for the sale of cigarettes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
lOW A, THAT: the applications be granted and the City Clerk is hereby directed to issue
a permit to the following named persons and firms to sell cigarettes:
Konnexion - 114~ E.College Street
Passed and approved this 28th
dayof F*-' ,2006
( CJ~~
MAYOR
ATTEST:~#.~V
CI CLERK
Approved by
~~ I,S--O~
City Attorney's Office
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
Bailey
the
AYES:
x
~
x
x
x
X
~
NAYS:
ABSENT:
~ Bailey
~ Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
N\~ (- d (I )
Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 06-52
RESOLUTION SETTING A PUBLIC HEARING ON AN ORDINANCE AMENDING
TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE", CHAPTER 5,
"BUILDING AND HOUSING", ARTICLE I "GRADING ORDINANCE", TO CREATE
A CONSTRUCTION SITE RUNOFF CONTROL ORDINANCE.
WHEREAS, federal law and the City's MS4 permit require a storm water pollution prevention
and management program that encompasses construction site erosion and sediment control
through a Construction Site Runoff Control Ordinance; and
WHEREAS, the Construction Site Runoff Control Ordinance establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer system (MS4); and
WHEREAS, the City Code requires that notice and public hearing on proposed ordinances be
provided to the public, prior to enactment of said regulation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That a public hearing is to be held on the 7th day of March, 2006, at 7:00 p.m. in Emma
J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public
hearing in a newspaper published at least once weekly and having a general circulation
in the City, not less than four (4) nor more than twenty (20) days before said hearing.
3. That the copy of the ordinance is hereby ordered placed on file by the City Engineer in
the office of the City Clerk for public inspection.
Passed and approved this 28th
day of Februarv , 2006.
c;kC~J~
Mayor
ATTEST: ~~. ~
;J~ City lerk
Approved by:
.I!Mc- 0
City Attorney's Office
Resolution No.
Page 2
Oh-'i?
It was moved by rh~mpi on and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
x
x
x
x
x
Bailey
ABSENT:
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
City of Iowa City
MEMORANDUM
TO:
FROM:
DATE:
RE:
Rick Fosse, Director of Public Works
Brian Boelk, Sr. Civil Engineer~
February 22,2006
Construction Site Runoff Control Ordinance
vrd ;;y
C0~~
Our State Municipal Separate Storm Sewer Systems (MS4) permit for storm water
discharge contains a number of requirements with related deadlines. The first federally
mandated deadline was the adoption of an illicit discharge ordinance, which was
approved by council on March 22, 2005. The second mandated deadline relates to the
adoption of a construction site runoff control ordinance. This ordinance is based on the
model developed by the Iowa Stormwater Partnership (ISP), and is intended to control
erosion and sediment entering the city's storm sewer system and waterways as a result
of construction.
Highlights of the ordinance include:
. The development of a new Construction Site Erosion and Sediment Control
(COSESCO) permit.
. Establishing legal authority to stop work and/or issue a municipal infraction for
those in non-compliance.
In order to obtain approval for the stormwater ordinance before the implementation date
set in our MS4 permit, the following council schedule will need to be approved and met:
)0> Februa~ 28th - Set Public Hearing
)0> March 7 h - Hold Public Hearing & 1 sl Reading
)0> March 21s1 - 2nd Reading
)0> April 4th - 3rd Reading & Adopt
The Iowa Stormwater Partnership consists of numerous statewide organizations such as
the Iowa Association of Municipal Utilities, Iowa Department of Natural Resources
(IDNR), and Natural Resource Conservation Service; as well as a number of Iowa
municipalities. The intent of the ISP is to improve water quality in Iowa by providing
uniform design standards and specifications, help with permitting requirements such as
ordinances, disseminating public education materials, and supporting research and
demonstration projects.
This ordinance and program will necessitate substantial staff time in order to implement.
Such staff time includes that for site plan and pollution prevention plan review, as well as
on site inspection and enforcement. All of which is required by the MS4 permit. As a
result, the need for additional staff exists for both Engineering and Housing and
Inspection Services (HIS). Review, inspection and enforcement are expected to be a
collaborative effort between Engineering and HIS based on the level of development. A
minimum of three inspections are required per permitted site, with more expected based
on received complaints, past history, and rain events.
February 22, 2006
Page 2
Engineering and HIS has met on several occasions to determine the best options for
staffing, and propose the following:
. HIS - One new half time position to be used for stormwater quality activities. This
position would be responsible for the review of site plan and lot level stormwater
pollution prevention plans, inspection of such planned erosion and sediment
control measures, and administration of the state general permit NO.2.
. Engineering - One new full time position to be used for stormwater and related
construction activities. This position would be responsible for the review of
stormwater pollution prevention plans, the inspection of all erosion and sediment
controls at the larger common development level, and administration of the state
general permit No.2, and the City's MS4 permit. It should be noted that
administration of the MS4 permit is already consuming 40% of a full time
engineer now, detracting from staff time spent on capital projects. The addition
of the COSESCO permit will expand this to a full time commitment.
To date, all costs associated with the Phase II permit are funded by the stormwater utility
revenues, which were established in June 2004 and collect approximately $50,000 each
month. However, given the demands that already exist for the funds and the extent of
the permit requirements, it is in the City's best interest to refer to another source of
funding to support the program. Our recommendation is that such funding come from a
new COSESCO permit fee in the amount of $150. This fee will be assessed at the start
of a larger common development, and when obtaining a building permit on the lot level
basis. The City of Coralville and North Liberty are proposing a very similar ordinance
and will also be assessing a fee of $150; however, the county is not required to comply.
This ordinance, program, and need for additional staff are all a result of the federal
mandates placed on our city. If such requirements are not met and non-compliance is
encountered, the Environmental Protection Agency (EPA) and IDNR can and will levy
fines. In 2004, the EPA visited the Des Moines metro area and issued numerous costly
fines to developers and contractors. It has been made known by the IDNR that the EPA
will again be visiting in the near future, and a different region of the state will be affected.
With regard to the stormwater program as a whole, the City of Iowa City received an
audit from the IDNR Washington (Regional) Office in early December. This was the first
of its kind in eastern Iowa, as Iowa City was chosen as an experimental site. The audit
went very well and the final report can be found in the Engineering Division.
The following are some recent activities that have taken place as a result.of our six (6)
control measures within our NDPES MS4 permit.
1. Public Education and Outreach - The education process continues to
strengthen and grow as Iowa City joined the Iowa Stormwater Education Program
and just completed its first year of work. Several brochures and informational
flyers have been dispers.ed via mail, handouts, and the internet. Storm drain
markers have been a huge success recently as Carol Sweeting has developed a
very productive volunteer program within the community to install the markers.
Approximately 3500 markers have been placed on intakes all around the city in
the past year.
February 22, 2006
Page 3
2. Public Involvement and Participation - A couple of different cleanup events
were held in 2005 in collaboration with the University of Iowa. In addition, two
creek restoration projects are set to be constructed yet this winter.
3. Illicit Discharge Detection & Elimination - Currently active and included in this
measure is the storm sewer system map, household hazardous waste collection
program, and the illicit discharge detection and elimination program.
Approximately 85% of the Iowa City storm sewer system is mapped at this time.
4. Construction Sites - Addressed by the ordinance presented in this memo, and
includes a construction site review and inspection program.
5. Post Construction for New Development - Scheduled for 2007 implementation,
this measure includes a construction site runoff control policy ordinance,
watershed assessment program, site plan review of post-construction runoff
controls, and inspection program for runoff control devices. Again, additional staff
time and money will be needed to meet these goals, and the development
community will be affected by the changes.
6. Pollution Prevention - Our first training classes were just completed for the
Public Works and Parks and Recreation departments. Two classes were provided
and taught by the Iowa Stormwater Partnership, and all attendees were provided
a stormwater operations manual with the class.
The stormwater management program continues to grow with additional deadlines and
requirements, and the public perception and involvement continues to evolve. The
upcoming proposed construction site runoff control ordinance is a key to addressing the
stormwater quality issue. Although this ordinance proposes what we believe to be the
minimum necessary controls to satisfy the State, it is never the less another layer of
regulations and permit for our community. As a result, public input may be significant. We
have forwarded copies of the draft ordinance to the Home Builders Association for review
and comment, and plan to meet with them to discuss prior to the council process.
Cc: Ron Knoche
Mitch Behr
Doug Boothroy
MJ1 I:::J
Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St, Iowa City, IA 52240, (319)356-5144
RESOLUTION NO, 06-53
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, SPECIAL PROVISIONS, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE HIGHWAY 6 IMPROVEMENTS PROJECT
STPN-6-7(66)--2J-52, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, fonn of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 7l1:i of March, 2006,
at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, special provisions, form of contract and estimate
of cost for the construction of the above-named project is hereby ordered placed on file by
the City Engineer in the office of the City Engineer for public inspection.
Passed and approved this 28th
day of
'~ (" ')20.060~
MAYOR
Approved by
4t~frofficed~((l(,
ATTEST:~:'-u) c)/.~
CI LERK
Pwenglreslhwy6lmprovsetph.doc
2106
Resolution No.
Page 2
06-53
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
x
J[
x
x
x
ABSENT:
Bailey
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
M+i) ~
~
Prepared by: Marian K. Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION 06-54
RESOLUTION REPEALING A RESOLUTION PASSED JULY 2, 2002, ESTABLISHING A
PROCEDURE FOR CALLING OF A SPECIAL MEETING AND ADOPTING A NEW
RESOLUTION ESTABLISHING PROCEDURE FOR CALLING OF A SPECIAL COUNCIL
MEETING AND NOTIFICATION OF SUCH ELECTRONICALLY
WHEREAS, City Ordinance No. 2342, codified as City Code Section 1-5-5, provides that the
procedure for the calling of a special meeting shall be set by resolution, and
WHEREAS, the City Council expanded from five (5) members to seven (7) members in 1973; and
WHEREAS, it is in the interest of the City of Iowa City that the City Council establish a procedure for
the calling of a special meeting.
WHEREAS, Council Members have the ability to request their packets electronically and it is
necessary to establish a procedure for notification electronically.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT:
1. Said resolution of July 2, 2002 is hereby repealed.
2. Special meetings of the City Council of the City of Iowa City, Iowa may be called by the Mayor
or three (3) Council Members.
3. Notice of the calling of a special Council meeting shall be in writing and shall include the time
and place of said meeting, the business to be conducted at said meeting, and the person or
persons calling said meeting.
4. Notice shall be served on each Council Member at least twenty-four (24) hours prior to the time
of said meeting by delivering a copy thereof to the Council Member in person or to the Council
Member's place of residence as shown by the records of the City Clerk. Council Members
receiving electronic packets shall be advised of a special meeting electronically at the email
address as shown by the records of the City Clerk. City Clerk in consultation with the City
Attorney will document service and make record of the same.
5. Provisions for the call, notice, or time of service may be waived if the entire Council shall consent
in writing thereto.
6. Provisions of the method of service may be waived by the individual Council Member affected
thereby.
Passed and approved this 28th
day of February
,20-.nL.
ATTEST:~A"') ~ ~.J
CI .ERK
(,) f (1 1
i ,\\:~-l ~ AJ(/~
MA~OR Z?z:.7.~ :1.-,..".01.
City Attorney's Office
Clerk/res/special meeting2006.doc
Resolution No.
Page ?
06-')4
It was moved by r.h~mpi on and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
1{
x
x
x
1{
Bailev
ABSENT:
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
tVI+3 ~
~
Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO. 06-55
RESOLUTION ACCEPTING THE WORK FOR THE MISSING LINK TRAIL
PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Missing Link Trail Project, as included in a contract between the City of Iowa City and Peterson
Contractors, Inc. of Reinbeck, Iowa, dated July 9, 2005, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $113,116.69.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 78th day of Februarv
"'--,
(~~J
MAYOR
,20 06
(^)AQQ~
'-
ATTEST:~~. '*"a-u)
CI LERK
Approved by
cr!~ t: :d~z/t;ft?
It was moved by Champion and seconded by
adopted, and upon roll call there were:
Bailey
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
"
x
x
x
x
Pweng/reslac:ptwr1l.-MissirlgLink.doc
M~ r=n
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 06-56
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER MARC MOEN, AND TENANT SYVIA VENUTO D/B/A
VENUTO'S, FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, Marc Moen, as landlord, and Sylvia Venuto, d/b/a Venuto's, as tenant, applied for a
renewal of a temporary use of the public right-of-way at 115 College Street, Iowa City, Iowa for
a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10-3-3; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public
right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-
Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said license agreement, copy of which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 28th day of
M''Q.:'
- . U
MAYOR
~~
ATTEST: ~ --r: #r-tJ
CI LERK
Approved by:
c~~ J.,~ {-o <,0
City Attorney's Office
Resolution No.
Page 7
06-56
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
x
x
J{
x
x
x
x
Bailey
the Resolution be
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
N\~J
'te..-
Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240,319-356-5240 (ANN06-00001)
RESOLUTION NO. 06-57
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF A .35-ACRE
PROPERTY LOCATED ON CAMP CARDINAL ROAD.
WHEREAS, AI Hieronymus and the estate of Wilfreda Hieronymus (hereinafter "Owner") is the
owner and legal titleholder of a .35-acre property located on Camp Cardinal Road; and
WHEREAS, Owner has requested annexation of the .35 acre tract into the City of Iowa City, Iowa;
and .
WHEREAS, the property is within the Long-Range Planning Boundary of the City of Iowa City;
and
WHEREAS, pursuant to Iowa Code 368.7 (2005), notice of the application for annexation was
sent by certified mail to the Johnson County Board of Supervisors, Johnson County departments
of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott township,
Johnson County Council of Governments, and the East Central Iowa Council of Governments;
and
WHEREAS, none of these entities have objected to the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa:
A portion of the Northeast Quarter of the Northeast Quarter of Section 12, Township 79
North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa, the
boundaries of which are as follows:
Commencing at the Northeast Corner of Section 12, Township 79 North, Range 7
West, of the Fifth Principal Meridian; Thence SOoo18'53"W, along the East Line of the
Northeast Quarter of said Section 12, a distance of 511.93 feet, to the Point of
Beginning; Thence continuing SOoo18'53"W, along said East Line, 353.20 feet; Thence
N89041'38"W, 75.00 feet, to a Point on the Westerly Line of Auditor's Parcel 2005102,
in accordance with the Plat thereof Recorded in Plat Book 49, at Page 317 of the
Records of the Johnson County Recorder's Office; Thence NOoo18'53"E, along said
Westerly Line, 27.61 feet; Thence Northeasterly, 31.42 feet, along said Westerly Line
on a 20.00 foot radius curve, concave Northwesterly, whose 28.28 foot chord bears
N45018'53"E; Thence NOoo18'53"E, along said Westerly Line, 36.75 feet; Thence
Northeasterly, 75.52 feet, along said Westerly Line on a 248.88 foot radius curve,
concave Southeasterly, whose 75.23 foot chord bears N09000'28"E; Thence
Northeasterly, 90.52 feet, along said Westerly Line, on a 298.32 foot radius curve,
concave Northwesterly, whose 90.18 foot chord bears N09000'28"E; Thence
N0018'53"E, along said Westerly Line, 104.71 feet, to a Point on the South Line of
Parcel B, of Clear Creek Subdivision in accordance with the Plat thereof Recorded in
Plat Book 25, at Page 53 of the Record of the Johnson County Recorder's Office;
Thence N89005'53"E, along said South Line, 30.00 feet, to the Point of Beginning. Said
Resolution No. 06-';7
Page 2
Annexation Parcel contains 0.35 acre more or less, and is subject to easements and
restrictions of record.
2. The City Clerk is hereby authorized and directed to certify and forward to the City
Development Board all necessary documents as required by Iowa law for approval
pursuant to Section 368.7(3) (2005) at Owner's expense.
3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary
documents for certification of the population of the annexed territory to Johnson County
and the State Treasurer, said population being zero.
Passed and approved this ?Rth
day of Fehruary , 20...l:l.fL-.
/:2 / .()(\
(/~ (^)~~
MAYOR - -
Approved by
IYfl~~~ 2-/~c?0
City Attorn y's Office
ATTEST: ~.u;'-..J k' ~
Cl CLERK
It was moved by R~; 1 Py and seconded by
adopted, and upon roll call there were:
Correia
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
X
X
X
X
ppdadm'reslcarrp card.doc
........
~
Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240,319-356-5240 (ANN06-00001)
RESOLUTION NO.
RESOLUTION APPR VING THE VOLUNTARY ANNEXATION OF
PROPERTY LOCATED ON CAMP CARDINAL ROAD.
WHEREAS, AI Hieronymus and e estate of Wilfreda Hieronymus (h einafter "Owner") is the
owner and legal titleholder of a .35 cre property located on Camp Car nal Road; and
WHEREAS, Owner has requested a exation of the .35 acre tract' to the City of Iowa City, Iowa;
and
WHEREAS, the property is within the L: ng-Range Plannin Boundary of the City of Iowa City;
and
WHEREAS, pursuant to Iowa Code 936 .5 and 36 .7 (2005), notice of the application for
annexation was sent by certified mail to t e Johns n County Board of Supervisors, Johnson
County departments of Attorney, Auditor, E ginee, Planning and Zoning, each affected publiC
utility, Scott township, Johnson County Co cil f Governments, and the East Central Iowa
Council of Governments; and
WHEREAS, none of these entities have obje e to the proposed annexation.
NOW, THEREFORE, BE IT RESOLV~BY T E CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT: /
1. The following described landt{hould be volun rily annexed to the City of Iowa City, Iowa:
I
,
A portion of the Northea~ Quarter of the Nort east Quarter of Section 12, Township 79
North, Range 7 West, If the Fifth Principal Me ian, Johnson County, Iowa, the
boundaries of which ji're as follows:
/
Commencing at ~e Northeast Corner of Secti 12, Township 79 North, Range 7
West, of the Fiftj'l Principal Meridian; Thence SOO' 8'53"W, along the East Line of the
Northeast Quarter of said Section 12, a distance of 511.93 feet, to the Point of
I
Beginning; Thence continuing SOO'18'53"W, along sa East Line, 353.20 feet; Thence
N89'41'38"W~ 75.00 feet, to a Point on the Westerly L e of Auditor's Parcel 2005102,
in accordal)ce with the Plat thereof Recorded in Plat ook 49, at Page 317 of the
Records of the Johnson County Recorder's Office; The ce NOO'18'53"E, along said
Westerly line, 27.61 feet; Thence Northeasterly, 31.42 feet, along said Westerly Line
on a 20.00 foot radius curve, concave Northwesterly, whose 28.28 foot chord bears
N45'18'53"E; Thence NOO'18'53"E, along said Westerly Line, 36.75 feet; Thence
Northeasterly, 75.52 feet, along said Westerly Line on a 248.88 foot radius curve,
concave Southeasterly, whose 75.23 foot chord bears N09'OO'28"E; Thence
Northeasterly, 90.52 feet, along said Westerly Line, on a 298.32 foot radius curve,
concave Northwesterly, whose 90.18 foot chord bears N09'OO'28"E; Thence
N0018'53"E, along said Westerly Line, 104.71 feet, to a Point on the South Line of
Parcel B, of Clear Creek Subdivision in accordance with the Plat thereof Recorded in
Plat Book 25, at Page 53 of the Record of the Johnson County Recorder's Office;
Thence N89'05'53"E, along said South Line, 30.00 feet, to the Point of Beginning. Said
Resolution No.
Page 2
Annexation Parcel contains 0.35 acre more or less, and is subject to easements and
restrictions of record.
2. The City Clerk is hereby authorized and directed to certify, file, and recor all necessary
documents as required by Iowa law under Section 368.7 (2005) at Owner' expense.
3. Further, the City Clerk is hereby authorized and directed to certify nd file all necessary
documents for certification of the population of the annexed terr' ory to Johnson County
and the State Treasurer, said po ation being zero.
AYES:
,20_.
Passed and approved this
ATTEST:
CITY CLERK
Approved by
Cilli1n~-C; z/~*&
It was moved by
adopted, and upon roll call there wer :
the Resolution be
NAYS:
ppdadl'T\l'reslcal1llcard.doc
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
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CITY OF IOWA CITY
MEMORANDUM
Date:
January 19, 2006
To:
Planning and Zoning Commission
From:
Robert Miklo, Senior Planner
Re:
ANN06-00001 Portion of Camp Cardinal Road
In 2005 the City severed approximately 194 acres of property that was then annexed into
Coralville. See attached location map. A .35 acre portion of the area severed included a section
of Camp Cardinal Road that is part of the Cardinal Ridge Subdivision. In order to maintain
continuity of subdivision boundaries and improvements, the City of Coralville is in the process of
severing this section and Iowa City is now proposing to annex it. The property itself will consist
of right-of-way for a portion of Camp Cardinal Road and its intersection with Kennedy Parkway.
It will be improved as part of the Cardinal Ridge - Part Three Subdivision. The property will be
zoned OSA-5 consistent with the remainder of the Cardinal Ridge Subdivision.
Staff recommends that ANN06-00001 the annexation of .35 acres of property located on Camp
Cardinal Road be approved.
Attachments:
1.
2.
Location Map
Area of previous severance
ppdadmfmem/ANNOS.00001.doc
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SITE LOCATION: Annexation Parcel ANN06-OOOO1
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I SITE LOCATION: Proposed NW Iowa City severence ANN04-00002
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Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (SUB05-00032)
RESOLUTION NO. 06-58
RESOLUTION APPROVING THE FINAL PLAT OF GALWAY HILLS SUBDIVISION
PART FOUR, IOWA CITY, IOWA.
WHEREAS, the owner, Dav-Ed Limited, filed with the City Clerk of Iowa City, Iowa, the final plat of
Galway Hills Subdivision Part Four, Iowa City, 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 LOT 64 OF GALWAY HILLS SUBDIVISION - PART
THREE IN ACCORDANCE WITH THE PLAT THEREOF RECODED IN PLAT BOOK 37 AT PAGE 268
OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N47013'15"W,
ALONG THE EASTERLY RIGHT-OF-WAY LINE OF PRIMARY ROAD NO. 218, A DISTANCE OF 463.34
FEET; THENCE N41031'43"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 162.11 FEET;
THENCE N43021'50"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 189.34 FEET; THENCE
N30016'13"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 365.14 FEET; THENCE N25031'06"W,
ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 180.67 FEET, TO ITS INTERSECTION WITH THE
SOUTHERLY RIGHT-OF-WAY LINE OF MELROSE AVENUE; THENCE N88008'02"E, ALONG THE
SAID SOUTHERLY RIGHT-OF-WAY LINE, 387.90 FEET; THENCE N8404TOO"E, ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE, 121.65 FEET; THENCE N57015'00"E, ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE, 35.44 FEET; TO A POINT ON THE WESTERLY LINE OF GALWAY HILLS
SUBDIVISION - PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 35 AT PAGE 269 OF THE RECODES OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE S3204T55"E, ALONG SAID WESTERLY LINE, 206.73 FEET; THENCE S2103T22"E, ALONG
SAID WESTERLY LINE, 542.61 FEET; THENCE S13040'39"E, ALONG SAID WESTERLY LINE, 85.91
FEET; THENCE S37034'14"W, ALONG SAID WESTERLY LINE, 70.34 FEET; THENCE S42041'26"W,
ALONG SAID WESTERLY LINE, 50.0 FEET; THENCE SOUTHEASTERLY, 112.56 FEET, ALONG SAID
WESTERLY LINE ON A 179.64-FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE
110.73-FOOT CHORD BEARS S65015'35"E; THENCE S0604T23"W ALONG SAID WESTERLY LINE,
155.65 FEET, TO A POINT ON THE NORTHERLY LINE OF LOT 64 OF SAID GALWAY HILLS
SUBDIVISION - PART THREE; THENCE S42041 '26"W, ALONG SAID NORTHERLY LINE, 54.27 FEET,
TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 10.41, ACRES, MORE OR LESS,
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
after due deliberation, recommended acceptance and approval of the plat; 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 confomn with all of the requirements of the Ordinances
of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
Resolution No. 06-'iR
Page 2
1. The final plat of Galway Hills Subdivision Part Four, Iowa City, Iowa located on the above-
described real estate is hereby approved.
2. The City accepts the dedication of the street, easements as provided by and specifically
sets aside portions of 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 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 7Rrn
day of
Q];
, 20....llD.-.
(~.Q~
MAYOR
ATTEST: ~~;fl ~
CITY ERK
Approved by ~ -d
m-.t ?J' -~?, 'ZI1'tI'bt-
City Attorney's Office
It was moved by Champion and seconded by
adopted, and upon roll call there were:
Correia
. the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliot
O'Donnell
Vanderhoef
Wilburn
ppdadmirVreslfinal-resSUB05-00032.doc
'3 e----iI
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (SUB05-00032)
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF GALWAY HILLS SUBDIVISION
PART FOUR, IOWA CITY, IOWA.
WHEREAS, the owner, Dav-Ed Limited, filed with the City Clerk of Iowa City, Iowa, the final plat of
Galway Hills Subdivision Part Four, Iowa City, Iowa; and
WHEREAS, said~bdivision is located on the following-describe real estate in Iowa City,
Johnson County, lowa\to wit:
BEGINNING AT THE NO JHWEST CORNER OF THE LOT 64 OF ALWAY HILLS SUBDIVISION -
PART THREE IN ACCORD NCE WITH THE PLAT THEREOF REC DED IN THE PLAT BOOK 37 AT
PAGE 268 OF THE RECO DS OF THE JOHNSON COUNTY ECORDER'S OFFICE; THENCE
N47013'15"W, ALONG THE E TERLY RIGHT-OF-WAY LINE 0 THE PRIMARY ROAD NO. 218, A
DISTANCE OF 463.34 FEET; T NCE N41031'43"W, ALONG S EASTERLY RIGHT-OF-WAY LINE,
162.11 FEET; THENCE N43021'5 "W, ALONG SAID EASTERL RIGHT-OF-WAY LINE, 189.34 FEET;
THENCE N30016'13"W, ALONG ID EASTERLY RIGHT-O -WAY LINE, 365.14 FEET; THENCE
N25021'20"W, ALONG SAID EASTE Y RIGHT-OF-WAY L1N ,180.67 FEET, TO ITS INTERSECTION
WITH THE SOUTHERLY RIGHT-OF- AY LINE OF MEL OSE AVENUE; THENCE N88008'02"E,
ALONG THE SAID SOUTHERLY RIGH OF-WAY LINE, 38 .90 FEET; THENCE N84047'00"E, ALONG
SAID SOUTHERLY RIGHT-OF-WAY LI E, 121.65 FE T; THENCE N57015'00"E, ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE, 35. FEET; TO A POINT ON THE WESTERLY LINE OF
GALWAY HILLS SUBDIVISION - PART 0, IN CCORDANCE WITH THE PLAT THEREOF
RECORDED IN THE PLAT BOOK 35 AT PAG 2690 THE RECODES OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S32047'55" , A ONG SAID WESTERLY LINE, 206.73 FEET;
THENCE S21037'22"E, ALONG SAID WESTERL L E, 542.61 FEET; THENCE S13040'39"E, ALONG
SAID WESTERLY LINE, 85.91 FEET; THENCE S 034'14''W, ALONG SAID WESTERLY LINE, 70.34
FEET; THENCE S42041'26"W, ALONG S D WESTERLY LINE, 50.0 FEET; THENCE
SOUTHEASTERLY, 112. 56 FEET ALONG S D ESTERLY LINE ON A H9.64-FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, W OSE 10.73-FOOT CHORD BEARS S65015'35"E,
THENCE S06047'23"W ALONG SAID WE ERLY LI E, 155.65 FEET, TO A POINT ON THE
NORTHERLY LINE OF LOT 64 OF SAID LWAY HILL: SUBDIVISION - PART THREE; THENCE
S42041'26"W, ALONG SAID NORTHERLY INE, 54.27 FE T, TO THE POINT OF BEGINNING. SAID
TRACT OF LAND CONTAINS 10.41, AC ES, MORE OR L SS, AND IS SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD.
WHEREAS, the Department of PI nning and Community
Department examined the propos final plat and subdivision,
velopment and the Public Works
d recommended approval; and
WHEREAS, the Planning and oning Commission examined th final plat and subdivision and
after due deliberation, recom nded acceptance and approval of t e plat; and
WHEREAS, a dedication h s been made to the public, and the sub 'vision has been made with
the free consent and in ac rdance with the desires of the owners and ropnetors; and
WHEREAS, said final pi t and subdivision conform with all of the require ents of the Ordinances
of the City of Iowa City, owa.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The final p t of Galway Hills Subdivision Part Four, Iowa City, Iowa located on the above-
described real estate is hereby approved.
Ordinance No.
Page 2
2. The City accepts the dedication of the street, easements as provided by and specifically
sets aside portions of land, namely streets, as not being open for public access at the time
of recording for public safety reasons.
3. The Mayor and . y Clerk of the City of Iowa City, Iowa, are reby authorized and
directed, upon appr !lal by the City Attorney, to execute all gal documents relating to
said subdivision, and certify this resolution, which shall b affixed to the final plat after
passage and approval law. The City Clerk shall record e legal documents and the plat
at the office of the Cou ty Recorder of Johnson Cou y, Iowa at the expense of the
owner/subdivider.
,20_.
Passed and approved this
ATTEST:
CITY CLERK
Approved by
I/(~ ;J~(P
City Attorney's Office
It was moved by and sec
adopted, and upon roll call there were:
the Resolution be
AYES:
ABSENT:
Bailey
Champion
Correia
Elliot
O'Donnell
Vanderhoef
Wilburn
1) ~{1
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Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington 51., Iowa City, IA52240 (319) 356-5240 (SUB05-00027)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF JJR DAVIS FOURTH ADDITION, IOWA
CITY, IOWA.
WHEREAS, the owner, James R. Davis, Robert A. Davis and Jan Ellen Smith, filed with the City
Clerk the final plat of JJR Davis Fourth 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:
Outlot "A" of JJR Davis Second Addition, Iowa City, Iowa, according to the Plat thereof
recorded in Plat Book 49, Page 101, of the Records of the Johnson County Recorder's
office, which Outlot "A" is a portion of the Southeast Quarter of the Northeast Quarter
and a Portion of the Northeast Quarter of the Southeast Quarter of Section 20,
Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa. Said Outlot "A" contains 6.68 acres, more or less, and is subject to
easement and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2003) 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 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.
Resolution No.
Page 2
Passed and approved this
day of
,20 .
MAYOR
ATTEST:
CITY CLERK
Approved by
L~
Jti-m O~ ~~ ~/n!tYft>
City Attorney's Office
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
ppdadminlres!'J.irdavis final plat.doc
M+0 ~
Li<l....1
Prepared by: Chris O'Brien, Parking, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5094
RESOLUTION NO. 06-59
RESOLUTION APPROVING PLANS, SPECIFICATIONS & FORM OF CON-
TRACT FOR THE 2006 PARKING GARAGE MAINTENANCE PROJECT,
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 for the above-
named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 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.
3. 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 City Hall, until 1 0:30 a.m. on the 24th day of March, 2006, or
at a later date and/or time as determined by the Director of Parking and Transit 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 Clerk or designee, and thereupon referred to
the Council of the City of Iowa City, Iowa, for action upon said bids at its meeting, to be
held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day of
April, 2006, or at a later date and/or time as determined by the Director of Parking and
Transit or designee, with notice of said later date and/or time to be published as required
by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk.
Passed and approved this 28th
d.ym ~ LJ ~'Qk
MAYOR
ATTEST: ~'~,..--> k. rV....uJ
CI LERK
AfJproved by
/L J~IIO'r
- --- . --------
City Attorney's Office
Parking\reslappP&S2006maintdoc
Resolution No.
Page 2
06-59
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
x
x
y
x
X
X
X
NAYS:
ABSENT:
Bailey
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
tvlL{ ~
Prepared by: Anissa Williams, Traffic Engineering Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254
RESOLUTION NO.
06-60
RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON
MORNINGSIDE DRIVE BETWEEN 7TH AVENUE AND COLLEGE STREET
WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for
the purpose of considering neighborhood traffic calming projects; and
WHEREAS, the residents of Morningside Drive between 7'h Avenue and College Street, have
gone through the process of considering a traffic calming project according to the City Council's
approved procedure; and
WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic
calming program, and a 80% majority of the neighborhood has indicated they are in favor of
speed humps; and
WHEREAS, the City Council finds said proposal to be in the public interest and is consistent with
its traffic calming program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The proposal for the installation of speed humps on Momingside Drive between 71J:i
Avenue and College Street is hereby approved.
2. City staff is directed to proceed with the installation of speed humps on Morningside Drive
between 7'h Avenue and College Street.
Passed and approved this 28th
day of
~u]L
MAYOR
ATTEST: ~~A~ ~ ~
CI ERK
Approved by
JJfUM~~ .z/t<;f1~
City Attorney's Office
It was moved by RR i 1 Py and seconded by
adopted, and upon roll call there were:
O'nonnell
the Resolution be
AYES:
NAYS:
ABSENT:
11'
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
11'
Jccogtplres/momingside&th.doc
M:"~
.....,
L!LJ
Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237
RESOLUTION NO. 06-61
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE ARTIST FOR THE WETHERBY PARK SHELTER
NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST THE SAME.
WHEREAS, the Iowa City Public Art Program provides for investment in public art annually; and
WHEREAS, a Call to Artists was distributed for artists to propose an artistic railing and
weathervane for the Wetherby Park Shelter; and
WHEREAS, the City Council approved the Call to Artists for the Wetherby Friends and Neighbors
Neighborhood Art Project at their October 18, 2005 meeting by adoption of Resolution No. 05-
341; and
WHEREAS, the Iowa City Public Art Advisory Committee approved the selection of John Coyne's
proposal for the artistic railing and weathervane at their February 2, 2006 meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Agreement between the City of Iowa City and the artist John Coyne for the design,
fabrication, and the installation of the artistic railing and weathervane on the Wetherby Park
shelter, a copy of which is attached hereto, is hereby approved as to form and content.
2. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement.
Passed and approved this 28th
d'ym Gl LJ
MAYOR
,20-0.6-'
A~l~
ATTEST: ~.LA~/..J -k'. ~AA)
CIT LERK
AlJrved by .
~l. {};);...L .2~;l.~-"f.,
City Attorney's Office
It was moved by Bailev and seconded by
adopted, and upon roll call there were:
Uon,1orhnol' the Resolution be
y
y
x
x
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
AYES:
NAYS:
y
y
x
ppddir/resfcoynewetherby.doc
CITY OF IOWA CITY
PUBLIC ART PROGRAM
WETHERBY PARK SHELTER RAILING AND WEATHERVANE
AGREEMENT BY AND BETWEEN OWNER AND ARTIST
THIS AGREEMENT is made on Februarv 28.2oo6between the City of Iowa City,
hereinafter referred to as the OWNER, and John R. Coyne, hereinafter referred to as the
ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of
Planning and Community Development or his/her designee. The COMMITTEE shall be the
Public Art Advisory Committee.
WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted
the proposal for the Wetherby Park Shleter Railing and Weathervane hereinafter referred to as
ART WORK. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter
"Proposal').
NOW, THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the parties agree as follows:
Article 1. Scope of Services
1.1 General
a. The ARTIST shall perform all services and furnish all supplies, materials and
equipment as necessary for the design, execution, fabrication, transportation and installation of
the ART WORK at the site.
b. The ARTIST shall at all stages of execution, fabrication and installation coordinate
his work with the OWNER'S REPRESENTATIVE.
1.2 Execution of the Work
a. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule
for completion of fabrication and installation of the ART WORK, including a schedule for the
submission of progress reports, if any. The schedule must be approved by OWNER'S
REPRESENTATIVE. After written approval of the schedule by the OWNER'S
REPRESENTATIVE, the ARTIST shall fabricate, transport and consult with the OWNER'S
REPRESENTATIVE on the installation of the ART WORK in accordance with such schedule.
Such schedule may be amended by written agreement between the OWNER'S
REPRESENTATIVE and the ARTIST.
b. The OWNER shall have the right to review the ART WORK at reasonable times
during the fabrication thereof. The ARTIST shall submit to the OWNER'S RPRESENTATIVE
progress reports in accordance with the schedule provided for in Section 1.2 (a).
c. The ARTIST shall complete the fabrication and ensure installation of the ART WORK
in substantial conformity with the approved ProposaL
d. The ARTIST shall present to the COMMITTEE in writing for further review and
approval any significant changes in scope, design, color, size, material or texture of ART
2
WORK not permitted by or not in substantial conformity with the Proposal. A significant change
is any change in the scope, design, color, size, material, texture or location of the ART WORK,
any change which affects installation, scheduling, site preparation or maintenance for the ART
WORK or any change to the concept of the ART WORK as represented in the Proposal.
1.3 Delivery and Installation
a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the
fabrication of the ART WORK is completed and the ARTIST is ready for its delivery and
installation at the site.
b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than thirty
(30) days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery
time, location and agent designated by the OWNER'S REPRESENTATIVE.
c. The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE on the
installation of the completed ART WORK at the site in compliance with the schedule approved
pursuant to Section 1.2 (a).
d. The OWNER shall be responsible for all expenses, labor and equipment to prepare
the site for the installation of the ART WORK.
e. Installation of the completed ART WORK shall occur no later than September 1,
2006.
1.4 Post Installation
a. Within 30 days after the installation of the ART WORK, the ARTIST shall furnish the
OWNER'S REPRESENTATIVE with a minimum of twelve (12) slides, photographs (and
negatives), or digital photographs on a disk which document the process and development of
the ART WORK from beginning fabrication through completion.
b. The OWNER shall arrange photographic documentation of the site and the installed
ART WORK at the site..
c. The ARTIST shall be notified of any dates and times for presentation ceremonies
relating to the ART WORK.
d. Upon installation of the ART WORK, the ARTIST shall provide to the OWNER'S
REPRESENTATIVE written instructions for appropriate maintenance and preservation of the
ART WORK.
1.5 Final Acceptance
a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all
services in Sections 1.1 through 1.4 (d) have been completed in substantial conformity with the
Proposal. This date shall be no later than 6 months after the date of the first installment
payment by the ARTIST as detailed in Section 2.1 (a).
b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S
final acceptance of the ART WORK.
3
c. Final acceptance shall be effective on the date of the OWNER'S
REPRESENTATIVE'S written notification to ARTIST of final acceptance.
1.6 Risk of Loss
The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final
acceptance by the OWNER, and the ARTIST shall take such measures as are . necessary to
protect the ART WORK from loss or damage until final acceptance. The ARTIST shall not be
responsible for loss or damage due to vandalism, theft, accidents, or acts of God once
installation of the ART WORK is complete.
1.7 Liability, Indemnification and Insurance
a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers,
employees, and agents harmless from any and all loss, cost, damage and expense (including
reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason
of any claims, actions or suits based upon or alleging bodily injury, including death, or property
damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under
this agreement, whether such be by ARTIST himself or by any subcontractor or by anyone
directly or indirectly employed by the ARTIST.
b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted
by law, and without waiving any immunities available thereunder, indemnify and hold harmless
the ARTIST against any and all claims or liabilities thereafter made in connection with the ART
WORK, the site, the project or this agreement, except claims by the OWNER against the
ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties
provided in Article 4.
c. The ARTIST and all employees of the ARTIST shall each effect and maintain
insurance to protect the ARTIST from claims under workers compensation acts; claims for
damages because of bodily injury including personal injury, sickness or disease, or death of any
of the ARTIST'S employees or of any person other than the ARTIST'S employees; and from
claims for damages because of injury to or destruction of tangible property; including loss of
use resulting therefrom; and from claims arising out of the ARTIST'S performance of
professional services caused by errors, omissions, or negligent acts for which the ARTIST is
legally liable.
1.8 Title
Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the
completed ART WORK
Article 2. Compensation and Payment Schedule
2.1 Fixed Fee
The OWNER shall pay the ARTIST a fee not to exceed Fifteen thousand dollars ($15,000)
which shall constitute full compensation for all fees, services, expenses, and materials to be
performed and furnished by the ARTIST under this agreement. Expenses shall include all
travel and lodging required for the ARTIST to fulfill his obligations under this contract. The fee
4
shall be paid in the following installments, expressed as percentages of such fixed fee, each
installment to represent full and final, non refundable payment for all services and materials
provided prior to the due date thereof:
a. Forty percent (40%), or $6000, within thirty (30) days after execution of this
agreement.
b. Forty percent (40%) or $6000, within thirty (30) days of the determination of
OWNER'S REPRESENTATIVE that the sculpture is completed. ARTIST shall
provide documentation to OWNER'S REPRESENTATIVE to demonstrate such
progress. In no event shall the second payment be made less than thirty (30) days
after authorization of the first payment.
c. Twenty percent (20%) or $3000 within thirty (30) days after final acceptance of the
complete project. If the ARTIST elects to utilize the OWNER'S services and
materials during installation, other than those specifically cited herein as the
responsibility of the OWNER, those fees shall be deducted from the final payment
due the ARTIST.
2.2 ARTIST'S Expenses
The ARTIST shall be responsible for the payment of all expenses necessary for the proper
performance of the services required under this agreement, including but not limited to mailing
or shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of any and
all engineering evaluations as required by the OWNER, transporting the ART WORK to the site
and the costs of all travel and lodging by the ARTIST and the ARTIST'S agents and employees.
Article 3. Time of Performance
3.1 Duration
The services to be required of the ARTIST as set forth in Article 1 shall be completed in
accordance with the schedule for completion of the ART WORK as proposed by the ARTIST
and approved by the OWNER'S REPRESENTATIVE pursuant to Section 1.2, provided that
such time limits may be extended or otherwise modified by written agreement between the
ARTIST and the OWNER'S REPRESENTATIVE.
3.2 Construction Delays
If, when the ARTIST completes fabrication or procurement of the ART WORK in accordance
with the approved schedule and notifies the OWNER that the ART WORK is ready for
installation, the ARTIST is delayed from installing the ART WORK within the time specified in
the schedule because OWNER has not prepared the site for installation as specified in Section
1.3(d) hereof, as a result of the improvements not being completed on the site to permit
installation of the ART WORK, the OWNER shall provide storage, or reimburse the ARTIST for
reasonable transportation and storage costs incurred for the period between the time provided
in the schedule for commencement of installation and the date upon which the site is sufficiently
complete to reasonably permit installation of the ART WORK. In addition, the OWNER shall
reimburse the ARTIST for any additional travel costs or for unnecessary time spent on the site
due to delays caused by the OWNER. Such reimbursements shall be expenses in adddition to
the Fixed Fee enumerated in Section 2.1.
5
3.3 Early Completion of ARTIST Services
The ARTIST shall bear any transportation and storage costs resulting from the completion of
the ARTIST'S services prior to the time provided in the schedule for installation.
3.4 Time Extensions
The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST
in the event that there is a delay on the part of the ARTIST in performing its obligations under
this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render
timely performance of the ARTIST'S services impossible or unforeseeably burdensome.
Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event
that there is a delay on the part of the OWNER in performing its obligations under this
Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely
performance of the OWNER'S services impossible or unforeseeably burdensome. Failure to
fulfill contractual obligations due to conditions beyond either party's reasonable control will not
be considered a breach of contract; provided that such obligations shall be suspended only for
the duration of such condition.
Article 4. Warranties
4.1 Warranties of Title
The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic
eftort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S
REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any
copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale
elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever.
4.2 Warranties of Quality and Condition
The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK
will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will
be free of defects in material and workmanship, including any defects consisting of inherent
qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance
recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if
followed, will achieve their intended result.
The warranties described in this Section 4.2 shall survive for a period of five years after the final
acceptance of the ART WORK. The OWNER shall give notice to the ARTIST of any observed
breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at
no cost to the OWNER, cure reasonably and promptly the breach of any such warranty in a
manner that is consistent with professional conservation standards (including, for example, cure
by means of repair or refabrication of the ART WORK).
Article 5. Reproduction Rights
5.1 General
To the extent not limited by this Section 5.1, the ARTIST retains all rights under the Copyright
6
Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except
ownership and possession. In view of the intention that the ART WORK in its final dimension
shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final
ART WORK, nor shall the ARTIST grant permission to others to do so except with the written
permission of the OWNER. The ARTIST grants to the OWNER and its assigns a royalty-free,
irrevocable license to make two or three dimensional reproductions of the ART WORK for
educational and/or non-commercial purposes, including but not limited to reproductions used in
advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational
and development projects, or other similar publications, provided that these rights are exercised
in a professional manner.
5.2 Notice
All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice
substantially in the following form: - [ARTIST'S NAME], date of publication.
5.3 Credit to Owner
The ARTIST shall use best efforts to give a credit reading substantially, "an original art work
owned and commissioned by the City of Iowa City, Iowa" in any public showing under the
ARTIST'S control or reproductions of the ART WORK.
5.4 Registration
The ARTIST may cause to be registered, with the United States Register of Copyrights, a
copyright of the ART WORK in the ARTIST'S name.
Article 6. ARTIST'S Rights
6.1 Identification
The OWNER shall, at its expense, prepare and install at the site a plaque identifying the
ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain
such notice to the extent as may be practicable.
6.2 Maintenance
The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to
the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the
ART WORK is properly maintained and protected, taking into account the instructions of the
ARTIST provided in accordance with Section 1.4 (b).
6.3 Alteration of the Work or of the Site
a. Except as provided under subsection 6.3(b), below, The OWNER agrees that it will
not intentionally damage, alter, modify or change the ART WORK without the prior written
approval of the ARTIST.
b. The OWNER reserves the right to alter the location of the ART WORK; relocate the
ART WORK to another site; and remove the ART WORK from public display. The following
7
provisions shall apply to relocation or removal:
(i) While the OWNER shall attempt to remove ART WORK in such a way as to
not affect the ART WORK, it is the parties' understanding that such removal may result in
damage, alteration, modification, destruction, distortion or other change of the ART WORK.
The ARTIST acknowledges that this provision shall qualify under 17 U.S. C. Section 113 (d) so
as to waive rights under 17 U.S.C. Section 106A.
(ii) If, at the time of removal, it is determined that the ART WORK may be
removed without damage, alteration, modification, destruction, distortion or other change,
OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion
of the ART WORK, the ARTIST agrees to file the records, including ARTIST'S identity and
address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The
ARTIST further agrees to update information with the Register of Copyrights so as to permit
notification of intent to remove the ART WORK.
6.4 Permanent Record.
The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this
Agreement and the location and disposition of the ART WORK.
Article 7. ARTIST as Independent Contractor.
The ARTIST shall perform all work under this Agreement as an independent contractor and not
as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any
employee or official of the OWNER, nor shall the ARTIST exercise supervision over any
employee or official of the OWNER.
Article 8. Assignments, Transfer, Subcontracting
8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any
such transfer shall be null and void and shall be cause to annul this Agreement.
8.2 Subcontracting by ARTIST
The ARTIST may subcontract portions of the services to be provided hereunder at the
ARTIST'S expense provided that said subcontracting shall not negatively affect the design,
appearance, or visual quality of the Proposal and shall be carried out under the personal
supervision of the ARTIST. The ARTIST must obtain written approval from the OWNER'S
REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE
does not approve the hiring of any subcontractor, another subcontractor must be submitted for
approval by the OWNER'S REPRESENTATIVE.
Article 9. Termination
If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper
manner, or otherwise violate, any of the covenants, agreements or stipulations material to this
agreement, the other party shall thereupon have the right to terminate this agreement by giving
written notice to the defaulting party of its intent to terminate specifying the grounds for
termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the
default. If it is not cured, then this agreement shall terminate. In the event of default by the
8
OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the
ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished
drawings, sketches, photographs, and other work products prepared and submitted or prepared
for submission by the ARTIST under this agreement shall at the OWNER'S option become its
property, provided that no right to fabricate or execute the ART WORK shall pass to the
OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services
performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by
the OWNER in exchange for all finished and unfinished related art works. Notwithstanding the
previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages
sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the
OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount
of such damages due the OWNER from the ARTIST is determined.
Article 10. Compliance
The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and
regulations applicable to the performance of the ARTIST'S services under this agreement.
Article 11. General Terms
11.1. The ARTIST shall not commit any of the following employment practices and agrees
to prohibit the following practices in any subcontracts.
11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex,
national origin, disability, age, marital status, gender identity, or sexual orientation.
11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment
because of their race, color, religion, sex, national origin, disability, age, marital status,
gender identity, or sexual orientation.
11.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose
of the Project shall be as an independent contractor and shall be exclusive, but the
ARTIST shall have the right to employ such assistance as may be required for the
performance of the Project subject to the terms of Section 8.2 of the Agreement.
11.3 It is agreed by the OWNER that all records and files pertaining to information needed
by the ARTIST for the project shall be available by said City upon reasonable request
of the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of
these records and files.
11.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council
relative to the work set forth in this Agreement as deemed necessary by OWNER. Any
requests made by the OWNER shall be given with reasonable notice to ARTIST to
assure attendance and shall coincide with trips to Iowa City already planned by the
ARTIST pursuant to Sections 1.2 and 1.3.
11.5 Should any section of this Agreement be found invalid, it is agreed that the remaining
portion shall be deemed severable from the invalid portion and continue in full force
and effect.
11.6 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa
9
Code prohibits a City officer or employee from having an interest in a contract with the
City, and certifies that no employee or officer of the City, which includes members of
the City Council and City boards and commissions, has an interest either direct or
indirect, in this agreement, that does not fall within the exceptions to said statutory
provision enumerated in Section 362.5.
Article 12. Entire Agreement
This writing embodies the entire agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
Article 13. Modification
No alteration, change, or modification of the terms of the Agreement shall be valid unless made
in writing and signed by both parties hereto and approved by appropriate action of the OWNER.
ARTIST
/~WNER
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Mayor
ATTEST: h~u~~~. I{~
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Ath;.0hc
City Attorney's Office
~-~~~~
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John R. Coyne
1127 E. Davenport St.
Iowa City, IA 52245
February 2, 2006
To The Iowa City Public Art Advisory Committee,
My proposal for the Wetherby Park Project contains four separate but unifying
components. The first and central component is the weathervane: here the photographer,
Isaac Augustus Wetherby is represented, we see him at documenting the scenic
surroundings of the park. This kinetic figure will be cast in a high-grade aluminum alloy
which has the advantage of being light-weight (a 1/3 of the weight of bronze or iron),
extremely durable, and able to withstand the elements. The weathervane will be
approximately 36". A foam core silhouette was created to replicate how Wetherby would
look on the shelters' cupola. Terry Trueblood and Terry Robinson agreed that the size
would be appropriate for the structure.
The second component is a series of 26" globe reliefs welded and bolted to the rails
which surround the park shelter. The top and horizontal tracks of the rails will be 2 Yz" x
I" and the vertical will posts will be Yz"x Yz". The rails will be constructed from steel and
welded and bolted to the main support structures. The globe reliefs show planet earth in
rotation and reference the cultural diversity of the neighborhood. A visual effect of the
planet in rotation is achieved when the view walks around the perimeter of the shelter.
The patentation on the globes will be blue and green and the rails will be painted to
match these colors. A graffiti resistant clear coat will be applied to the surface of the
globe reliefs.
I met with Wetherby Friends and Neighbors art committee on January II th and we
discussed the patentations of the weathervane and globe reliefs. We decided on a
polished metallic finish with darkened recesses for the Wetherby silhouette. The
committee will be involved in the final selection of the colors.
I have met on site with Mr. Trueblood and Mr. Robinson. We considered many options
and decided that welding and bolting the components to the support structure and the
replacement of the pre-existing wooden posts with steel uprights would be the best course
of action.
John R. Coyne
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John Richard Coyne
1127 East Davenport
Iowa City, Iowa 52245
(319)339-1742
EDUCATION
1996-98
Master of Fine Arts, Southern l1linois University at Carbondale
Carbondale, IL
1985-91
Bachelor of Fine Arts, The University ofIowa
Iowa City, IA
TEACHING AND RELATED EXPERIENCE
2002- 05
Associate Professor, Muscatine Community College
Art Appreciation and Introduction to Drawing
1997 - 98
Assisted in curating and installing shows for the Summit Street Gallery
1995-97
Foundry Technician, Southern Illinois University
Maintained and operated foundry equipment.
Instructor, "Introduction to Art, " Southern Illinois University
Created syllabus and taught introduction to the theory, meaning and
creation of the visual arts.
Cupola Master, Southern Illinois University at Carbondale
Built, ran and maintained a carbon and air fueled continuous cupola for
pouring cast iron in quantities of 2000 pounds and more. Supervising
pours.
WORK EXPERIENCE
2000 Old San Juan, Puerto Rico
General Contractor
1997 Sustenance: Collection of Poetry By Aaron Ansted
New Rivers Press, Minneapolis, MN
Jacket l1lustrator
1995 Great Lakes Art Foundry, Chicago, IL
Mold making, modeling clay and wax, bronze casting
1990 Poor Tom Poetry Journal
Iowa City, IA
Interior l1lustrator
1980-84 United States Navy, 32nd Street Naval Base, Sand Diego, CA
Petty Officer Third Class Boatswains Mate
EXHIBITION RECORD
2003 Two-Person Exhibition
Hudson River Gallery
Iowa City, IA
2002 Solo Exhibition
Recent Sculpture
University oflowa Hospital and Clinics
Iowa City, IA
2002 Group Exhibition
The Enemy
Locus Media
New York, NY
2002 Group Exhibition
Recent Sculpture
Hudson River Gallery
Iowa City, IA
1999 Exhibition
Hungry Ghosts
Studiolo
Iowa City, Iowa
Group Exhibition
Hungry Ghosts
Summit Street Gallery
Iowa City, Iowa
Solo Exhibition
Idolatry
Northside Bookstore
Iowa City, Iowa
1998 Solo Exhibition
Finger Bones
Southern Illinois University
1997 Group Exhibition
Carbon Fourteen Recent Works
University of Kentucky at Lexington
Group Exhibition
Contents Under Pressure
Plan B Gallery
Memphis, TN
Group Exhibition
Third Year Anniversary Show
Summit Street Gallery
Iowa City, IA
1996 Group Exhibition
It's a Postmodern World
Douglas Gallery
Carbondale, IL
Group Exhibition
Reunion Show
Creative Artists Salon
Chicago, IL
1995 Solo Exhibition
John Coyne: Recent Sculpture
The Lava Lounge
Chicago, IL
Solo Exhibition
Bestiary
Urbis Orbis
Chicago, IL
Group Exhibition
Puppets
Psychedelic Shakespeare
Chicago, IL
Group Exhibition
Art Attack
Chicago, IL
1994 Solo Exhibition
Idolatry
Shiva Guest House
Varanasi, India
'U4:G JC
MAYOR
APYiv,ed ~ \"1\, ' ,
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City Attorney's Office
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Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237
RESOLUTION NO. 06-62
RESOLUTION APPROVING THE GENERAL CONCEPT FOR THE
MELROSE NEIGHBORHOOD ART PROJECT
Whereas. the Iowa City City Council approved the Neighborhood Art Project at their
March 11, 2003 meeting; and
WHEREAS, five neighborhoods have participated in the Neighborhood Art Project since
that time, two of which have been completed; and
WHEREAS, the Public Art Advisory Committee has reviewed and recommended for
approval at their February 2, 2006 meeting the Melrose Neighborhood Art proposal; and
WHEREAS, said proposal calls for the installation of between ten and fifteen historical
neighborhood markers in the neighborhood, and a copy of said proposal is attached; and
WHEREAS, this project is estimated not to exceed $15,000, which is within the funding
available.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. The City Council approves the general concept proposal for the Melrose
Neighborhood Art Project and directs the neighborhood to proceed in creating final
designs and determining specifiC costs which will be included in the agreement
between the City and the artist, and
2. Said agreement is to be reviewed and approved by the City Council at a later date.
Passed and approved this ?Rth
ATTEST: ~~~. ~
CIT LERK
Ppdadmin\neighbor\publicart\res'vnelrose concept.doc
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Resolution No.
Page 2
06-62
It was moved by Correia and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
x
x
x
x
x
ABSENT:
Champion
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
MELROSE NEIGHBORHOOD HISTORIC MARKERS PROJECT
Summary of Activities
February 2, 2006
January 26, 2005 Letter of interest submitted to the Public Art Advisory Committee by the
Melrose Neighborhood Association Representative, Jean Walker
February 2, 2005 Approved by the Public Art Advisory Committee at their meeting.
February, 2005 Input for this project was solicited from the entire Melrose Neighborhood,
including all property owners and residents, via the Neighborhood's first
Newsletter.
March 31,2005 A second Newsletter was sent to the entire Neighborhood soliciting input
and announcing a Neighborhood meeting to discuss the project. At this
meeting it was decided that we would have historic markers similar to the
ones in the Longfellow Neighborhood.
May 25, 2005 Contact was made with the artist who created the Historic Markers in the
Longfellow Neighborhood, Will Thompson, and he expressed interest in
doing similar markers for the Melrose Neighborhood. Will contacted Tim
Weitzel, coordinator for the Longfellow marker project, to ensure that his
Neighborhood would be okay with the Melrose Neighborhood having
similar markers. Will subsequently submitted plans for the Melrose markers
to Karin Frai1klin, with an estimated cost per unit of$935 installed.
August 12,2005 Tim Weitzel responded to various questions concerning placement of
markers.
August 16, 2005 A third Newsletter was sent to the entire Neighborhood soliciting input and
announcing a Neighborhood meeting to discuss the project. The Newsletter
also described research done by one neighbor into the origin of the word
Melrose. At this meeting, we voted to adopt a detail from a window of
Melrose Abbey in Scotland as the logo for the Melrose Neighborhood and to
have it incorporated into each marker's framework. Will Thompson was
introduced to the Neighborhood at this meeting. He had already confirmed
that incorporation of the "window tracery" into the markers would be
possible. There will be a (relatively small) cost increase for fabricating the
tracery's design.
August 18,2005 Jean Walker walked through the Neighborhood with Marcia Klingaman
(Neighborhoods Coordinator for the City) and Ron Knoche (City Engineer),
to determine where the markers could be located, as regards rights-of-way
and utilities. It was determined that, for the markers to be placed along
Melrose Avenue, they should not be placed in the red brick between the
/
sidewalk and the street but in the rights-of-way on the other side of the
sidewalk, i.e., closer to the properties. Ron Knoche will let us know the size
of these rights-ot~way.
December 15,2005 Jean Walker received a map from Ron Knoche showing the rights-of-way
and utilities in the Neighborhood.
January 9, 2006 A fourth Newsletter was sent to the entire Neighborhood announcing a
Neighborhood meeting to discuss the project. At this meeting, a tentative
list of topics to be placed on a maximum of 14 markers was introduced.
These topics were gleaned largely from the Neighborhood's nomination of
its Historic District to the National Register of Historic Places. Concern was
expressed about the markers' vulnerability to vandalism, particularly on
football game days.
January 12,2006 Jean Walker discussed the vandalism concern with Karin Franklin and
Marcia Klingaman, who consulted with City Engineer Ron Knoche. Jean
also discussed it with the artist, Will Thompson. The consensus of all
involved was that the markers should be sturdy enough to withstand
vandalism. Those who had attended the January 9 meeting where the
concerns were expressed were notified of this conclusion and agreed that the
project should proceed.
January 22, 2006 Jean Walker discussed the content of the markers informally with Marlys
Svendsen, architectural historian for the nomination of the Melrose Historic
District to the National Register of Historic Places.
Possible Contents of Melrose Historic Markers
January 9, 2006
Text Graphic Location
1. History of Melrose A venue 1868 Bird's Eye View Along M. Ave
Adoption of "Rose" logo S. transcept of Melrose Abbey (West cnd?)
2. Four waves of growth Plat maps: 1917; Along M. Ave
(3 houses on Historic Register) Lambert subdivision
Includes populations living there
3. Four waves of growth Plat maps: Paden/Melrose Court; Along M. Ave
Includes populations living there Brookland Park Addition; Park
4. Four waves of growth (includes VI B1dgs) Lucon Drive Along M. Ave
Historic District Map
5. Vanished neighborhoods Plat maps East end of M. Ave
6. Historic houses on Melrose Ave. 303,309,315; Along M. Ave
Including carriage house of 40 1 4011407,421
Includes architecture/people
7. Historic houses on Melrose Ave. 503; Along M. Ave
Incl udes architecture/people 511,521
8. Historic houses on Melrose Ave. 601,605,607,609 Along M. Ave
Includes architecture/people 629
9. Historic houses on Melrose Ave. 701,707,711,727 Along M. Ave
Including barn of711 741
Includes architecture/people
10. Historic houses on Melrose Ave. 805, 807 (Lustron), 811, Along M. Ave
Includes architecture/people 817 (old farmhouse), 821
11. Architectural Styles of houses not ??????? Melrose Court
on Melrose Avenue at Park?
Including garages, cladding/siding
12. Architects/Builders ???????? ?? Melrose Court
13. Myrtle Grove (& 402, 412 Myrtle), ???????? Myrtle Avenue
Olive Street, Mennonite Church
14. Historically significant people ???????? ????????
Neighborhood Historic Sign Project
Design by: Will Thomson
Armadillo Arts, Iowa City
319-338-9550
willt@aol.com
1
widest width: 34'
l;.
Ends closed
Welded steel, framing from 1 x 2"sq. tubular
[]
Sign unh (16 needed)
.
14ga8\elllfl8lllll
I'OUIldlld 1lameI'8.
holef8l_
30"
18"
Suggested variation on
Longfellow historic signs:
patterns at left will
be welded in as
decorative element above
and below basic lattice
Budget Summary:
8.10 stanchions @ $400.00 ea. (including two 14 ga. 15 x 30" panels per stanchion)
powdercoatlng: $125.00 per set
silkscreen estimate (one color on base color): $180.00 per sign
Installation @ $50.00 per stanchion
Total estimated costs per unit*
unit: one stanchion, powdercoated, wi two historic signs per stanchion, installed: $935.00
OJ
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square mesh: I
1 fZ' holes I
53% open
Overall length: 9'
thickness: 2"
Ground level
6-10 total made
WINDSOR
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Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237
RESOLUTION NO. 06-63
RESOLUTION ESTABLISHING "A PROGRAM FOR RECOGNITION OF ART IN
NON-PUBLIC SPACES" AS PART OF THE IOWA CITY PUBLIC ART PROGRAM
WHEREAS, one of the Iowa City Public Art Advisory Committee's Objectives includes "to
advocate for art as a vital component of the community; and
WHEREAS, the Iowa City Public Art Advisory Committee wishes to establish a program
whereby the City Council can acknowledge contributions to the visual art environment made by
Citizens of Iowa City therefore encouraging private participation in art as a vital component of
our community character and values; and
WHEREAS, the Program for Recognition of Art in Non-Public Spaces has been developed and
approved by the Public Art Advisory Committee at their January 5, 2006 meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City of Iowa City City Council approves the establishment of the "Program for
Recognition of Art in Non-Public Spaces."
Passed and approved this 28th
day of February , 20 06 .
Q(~~~
MAYOR
ATTEST:~,:'-"..J k ~.A"u
CITY ERK
~;w
City Attorney's Office
;1.-~~-/)(,.
It was moved by Bailey and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
Vanderhoef
the Resolution be
x
x
x
x
x
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
y
x
neighborlresJpublicartprivetespaces.doc
\5
PROGRAM FOR RECOGNITION OF ART
IN NON-PUBLIC SPACES
Iowa City's publicly accessible art treasures consist of works created as part of the City's
public art program and of privately developed works located in residential yards and in
businesses. Both art sources reflect the spirit, character and values of our city and of the
individuals who have the artworks on their property. These works may serve as enhancements to
our cultural heritage, history, pride and sense of community.
The Program for Recognition of Art in Non-Public Spaces is to acknowledge
contributions to the visual art environment by citizens of Iowa City. The purpose is to encourage
private participation in art as a vital component of our community character and values and to
promote Iowa City's art heritage.
The art works to be recognized may exhibit any of all of the following characteristics:
. reflect and enhance community spirit and values;
. challenging and not always easily understood;
. whimsy, intelligence and humor;
. visible to passers by;
. reflect the individuality of the owner, the neighborhood or business;
. two-dimensional or three dimensional art;
. traditional or non-traditional materials;
For example: sculpture, murals, topiary, water art, garden art with flowers and plants, etc.
SUBMITTAL GUIDELINES
Any person can nominate works that they consider to reflect the beauty, sense of
community and heritage of their neighborhood or ofIowa City in general.
The person making the nomination will provide a photograph (preferably digital) of the
artwork, the location, what they perceive as the strengths of the art, name of the owner and where
applicable the artist or creator of the art work. The application will be submitted to the Iowa
City Public Art Advisory Committee for review by April 30 of each year. Upon receipt by the
Public Art Advisory Committee, the owner of the art piece will be notified of the nomination.
Information will be provided to them regarding the public nature of the recognition and the
subsequent publicity. The owner will be required to provide his/her permission to proceed with
the nomination process.
ppddir/pubanprocdr.doc
16
SELECTION PROCESS
The Public Art Advisory Committee will apply the following criteria in examining the
nomination:
I. Visually examining the art piece and evaluating the creative merits;
2. The artwork must be visually available to passersby;
3. The criteria noted above for characteristics.
The Iowa City Public Art Advisory Committee will pass the qualifying nominations to
the Iowa City City Council with the Committee's recommendation. The City Council reviews the
documentation and approves or denies the nomination. If the Council affirms the nomination the
recognition may be presented at a meeting of the City Council. The recognition will include a
printed certificate signed by the mayor ofIowa City.
ppddirfPllbartprocdr,dot
17
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Prepared by: Terry Trueblood, Oir. Of Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO. 06-64
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND IOWA CITY GIRLS SOFTBALL FOR LIGHTING IMPROVEMENTS
TO THE YOUTH SOFTBALL COMPLEX IN NAPOLEON PARK.
WHEREAS, the City and Iowa City Girls Softball, a private non-profit corporation which advocates
for girls softball activities in and around Iowa City, wish to cooperatively improve and expand the
sports lighting at the youth softball complex in Napoleon Park, owned by the City; and
WHEREAS, Iowa City Girls Softball has requested permission to contract with private entities, and
assist with volunteers, for the installation of new lights on Fields 5 and 6 in Napoleon Park, on the
basis of an agreement pursuant to which the City would allow such construction, and Girls Softball
would agree to obtain prior approval of said contracts by the Director of Parks and Recreation,
and hold harmless, indemnify and provide appropriate insurance to the City for claims related to
the construction work; and
WHEREAS the City Council finds it is in the pUblic interest to enter into said agreement for the
installation of such lighting, in a form approved by the City Attorney's Office and Director of Parks
and Recreation.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
The Mayor and City Clerk are hereby authorized and directed to execute an agreement
approved by the City Attorney's Office, and Director of Parks and Recreation, pursuant to
which the City would allow Girls Softball to contract with private entities, and to assist with
volunteers, for the installation of new sports lighting on Fields 5 and 6 in Napoleon Park ,
and Girls Softball would agree to obtain prior approval of said contracts by the Director of
Parks and Recreation, and hold harmless, indemnify and provide appropriate insurance to
the City for claims related to the construction work.
Passed and approved this 28th
''''fa LJ 32k
MAYOR
Approved by
ATTEST: ~~-?<,....J:1f'- ~~
CI .ERK
zl~~l/
P&Rlres/lighting.doc
Resolution No.
Page 2
06-64
It was moved by Chamoion and seconded by
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
ABSENT:
Bailey
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
M-H7(
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Prepared by: Susan Oulek, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 06-65
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A SECOND, TWO-MONTH EXTENSION OF THE
AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC.
WHEREAS, in Resolution No. 02-418, the City Council approved an agreement between
the City of Iowa City and Public Access Television, Inc. ("PAW') for the provision of
public access and community programming on cable television;
WHEREAS, in Resolution No. 05-383, the term of said agreement was extended two
months to February 28, 2006 to allow the parties time to negotiate a new contract;
WHEREAS, PATV and the City are still negotiating the terms of a new contract; and
WHEREAS, it is in the best interest of the City to extend the term for an additional two
months to April 30, 2006 to allow sufficient time to complete the negotiations and to
submit the proposed contract to the Telecommunications Commission for comment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to
the Second Amendment to Agreement, a copy of which is attached.
Passed and approved this 28th day of
'~ c' ')OO:Wf'-^--
MAYOR
ATTEST: ~"'/":"4"'./'~ ~
CI CLERK
Approved by
<,;;;~. . ,- ---
~~ i)-~;),cs..
City Attorney's Office
Resolution No.
Page ?
06-6';
It was moved by V~nilprhopf and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
X
X
X
x
x
ABSENT:
Railev
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
SECOND AMENDMENT TO AGREEMENT
This Second Amendment to Agreement between the City ofIowa City, a municipal
corporation ("Iowa City"), and Public Access Television, Inc. ("P A TV"), is being entered into in
Iowa City, Iowa.
WHEREAS, Iowa City and P A TV entered into a contract entitled Agreement on
December 16, 2002 for the provision of public access and community programming on cable
television; and
WHEREAS, the parties previously executed the First Amendment to Agreement to
extend the term of said agreement to February 28, 2006;
WHEREAS, the parties are presently negotiating a new contract, and although they
anticipate that they will conclude the negotiations prior to February 28, 2006, they wish to
submit it to the Iowa City Telecommunications Commission for comment and approval; and
WHEREAS, the parties wish to amend said Agreement by extending the term an
additional two months to April 30, 2006 to allow sufficient time to negotiate a new contract and
to seek approval of the Iowa City Telecommunications Commission.
IT IS THEREFORE AGREED that:
. Subsection 14.A.I is amended by deleting it in its entirety and substituting in lieu
thereof the following new Subsection 14.A.l:
Subsection I 4.A.I: City shall pay to P A TV annually on or about January 15 of
the years 2003, 2004, and 2005 annual payment of $178,448.55, subject to a
yearly escalator as provided in the franchise agreement between Iowa City and
Mediacom and further subject to the provision of Subsection A.2 of this Section.
Iowa City shall pay to P ATV $16,570.82 in January 2006, $16,570.82 in February
2006, $16,570.82 in March 2006 and $16,570.82 in April 2006.
. Section 17 is amended by deleting it in its entirety and substituting in lieu thereof
the following new Section 17:
Section 17: This Agreement shall commence on January 1,2003 and end on
April 30, 2006, unless terminated earlier, as provided in this Agreement.
. All other terms and provisions of said Agreement remain in full force and effect.
PUBLIC ACCESS TELEVISION, INC.
Hy ~h 0 ()y
2-- /'1-1 fo'
Date I I
PATV ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY)
~is instrument was acknowledged before m~ on ::re-b~I.lQ.vd J I
Jos~ tU'<:'\~J(name(s)ofperson(s))as t..J.Lc.ulilf~, 'b,(e,Utx"
authority, e.g, officer, trustee, etc.) of Public Access Television, Inc. .
, 2006 by
(type of
~~h CfJ~
Notary Public in and for the State ofIowa
~,.'^' '", ANNIE PEDERSEN
Ii l' COMMISSION # 142510
My Commission expires: .. N EXPIRES
IOW~
THE CITY OF lOW A CITY
By:
~(.J~
Ross Wilburn, Mayor
Fp-nrl1::1ry ?Ar ?OOh
Date
Attest: )11.~~~)~. ka-uJ
Marian K. Karr, City Clerk
February 28. 2006
Date
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this d. g +4 day of j:'Egeu!\"';;I , 2006, before me, the undersigned, a
notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr,
to me personally known, who being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of said municipal corporation executing the within and foregoing instrument;
that the seal affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of its City Council; and that
the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument
to be the volimtary act and deed of said corporation, by it and by them voluntarily executed.
~M'~
Notary Public in and for the State of Iowa
Approved by:
~~ 07-Jt-6(.,
City Attorney's Office