The URL can be used to link to this page

Home My WebLink About2006-04-18 Resolution tJ\ ~B rnr Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-111 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF lOW A 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 hislher 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: Iowa City Lodge No. 1096 Loyal Order of Moose - 3151 Hwy 6 East Passed and approved this 18th day of ~ MAYOR ,20 06 U~ ATTEST: A~ .J!. ~-uJ CITY CLERK Approved by ~ ~ \, (-01,.. City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Vanderhoef the AYES: ~ ---.lL x ---.lL x ~ x NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn -----~-------_._,....-.._-_., ---,_.,--"'-_._.-----_._-_._-~---_.,---_. .-.-.---.----- -- . ..-- ,..---,........-.,...- --. .--.---..--.-.----..---------'.--------.---.------.----'- M~J :- .~' ( .' Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)3SE;.5144 RESOLUTION NO. 06-114 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2006 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost - for the construction of the above-mentioned project is to be held on the 2nd day of May, 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 Cleric 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing, 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 18th day of April , 20 06 ~U~ MAYOR ATTEST:~ ~. ~ CI LERK iWproved by ~ qj"It9&> City Attorney's Office It was moved by Bai 1 ey and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: x X X Bailey Champion Correia Elliott. O'Donnell VanderHoef Wilburn x X X X pweng\res\2006asphaILdoc City of Iowa City MEMORANDUM G;[ TO: FROM: DATE: RE: Steve Atkins, City Manager Ron Knoche, City Engineer ~ April 12, 2006 2006 Asphalt Resurfacing Project The 2006 Asphalt Resurfacing Project will overlay the following streets: . Market Street between Clinton Street and 1. Ann Cleary Walkway . Market Street between Clapp Street and Rochester Avenue . Evans Street between Jefferson Street and Market Street . Jefferson Street between Evans Street and Clapp Street . A 10-foot strip on Keokuk Street between Highland Avenue and Kirkwood Avenue . Wayne Avenue between First Avenue and Arthur Street . Ferson Street between Park Road and River Street . Taft Speedway between No Name Road and Dubuque Street . No Name Road between Foster Road and Taft Speedway . Davis Street between Tracy Lane and 2119 Davis Street . Tracy Lane between Taylor Drive and Bancroft The attached map shows the locations of these streets. . :/J~ ' ~~ ~ -:::- c;"'~.I/~ '""". = i.-~ \' ./., '" . ~ a~, ~ L/; '-.ll~', r---II, - .'" \ D 0 ~_. ~." ~~. .. \-. ~ '-g / \ -.. ::=~v~ ---, ~ I I / 7 \1./:.'r ;7'"~I' t~~_,;; . -: ":"~:f ..7 II I / \ / / /?I ( 1\ "",""'~" " .:- --.IF........ f ." v'1\ ~ ~.I _______ ..~" ) 1'4' !'.f' /: y: :-I 7 // ~ _ :::--::..--------!.='" _' i /';..,.,., i , .'--JlF-. /~\i8 Jt;"~""" !-'T.'l, 'n 'L--l0 \ /= '-1"'\ ---. /,/~~ "'Lo- <\\ , ~ r: ' I I _~\~-~/~~ ~'" r~ -- . ((I, ~ -- , HiJ,\~ II \ a'L-,;(// ... ~~.J ~li!r\ it' ~ v,~~ I / ",l~ g" "I"....., /i ~I '(,..~. ~ I ~ ~ "'4 'I "_ r, / I. _ ir _.J . I ' ._ h \: , I I ! I 111 ~I . ,- \= I'j' ~ ~'_7i.&"'~ I ~ ..., " .. J ,! ,'14 JJ;:' I~ \ 0(jJ 1\:.". . / ~~'. .! I i""c ". / , ,- ,Co 1_,.----- . ~ '1-1..',' --.. '" ~." I IF'" I ~' ~ I . '--..~ - ~." .r:-::' Ii Ii, 1:" " "'-' , ,~__~. -::,,'1 '~(I~~i."~r::; l;::;;':'::'~i::'::' ,-'--::;- --. "T ,~,i --..11 II'.. .1' ~i~ :L jl' .&~i '~\ ,Ii " "~I ,,'~ -'fJt! ,'! l .u~.. --' "~""'I""<zJ!JfP-!)1 ~,':I -:1' "'. ) l 'IX _ -= - - -:d '.: I' ~\(Il.'lrn~ ,,~- I,~ 1--:.:.: ~, ..... , ~ I ! l1" -- --- I" ""' "C,{-:r.. J.:.. ,. ,) ':1 Ii,' -" .II.~ 7 \ ::,<I --,y ').--' ~ ,I - I' #0 -, I , ,,~ ~Ly-.:::~if = .if ;~.!~.'l'~i'.~ 'II ,T ;~\'q'H j : ..".J..' \' "!!~._. __"" !' =-"",,, "I jl:'" 1/. .. ~,'I c , _ J~" "...' I 'f~' ,~.. " , , , " _, ~. li\ i I: .. ! ' \@'" __ Cl - -';:: ,''''' ... 'i ,,' ,', ' :;-', '1'- ", \ ~i["l !. ,.I!Y'~ .~"\~ ""::,,, .,d'~; ~ . ~l/"=-' ="'i' -r-:...h0i'1 ~ .~. I .J,,\" ,/'E. - !I: /1 I ! ,I I ,@i~ , 'I'- ",f: ", .ii"j '/}:::<..'--:- ~;~'" I r "I T"'-'I'~f': .- rJ'- ."'-- \ -' , .ill.." ./.. ~~ '"1 .:: ."" - . I -0 ~c...1 'I..... '\ _ - ......., I I;J:.. " ~ "-. - I:l'_~~ ~ "'."'fl'fii:;.... !fif_'R il-'!'-i' .. ,11 ~l,:,' .~.'., q. ~';='~ :/ I I~);:("":'~I--I-,.,,- i'llll '-.,-. '~"'!, ~ ih \-. Jf~ ~trt:lI ~Il ! . " - .Y ~ '/-/ '4~, I '~"_ ::: Iii 1\. (f ,,~Y'-_l' 1,11", "F"'r\ Ell I ~llr! nil I.. ' " ,-- "__ = III -::-'" ~_::. "'l~ 6-->= k:-, ~~ ~ "l'~.2... ! ~ \\ ~ i:i~\'i~ ... 'I=. ~, 1 ~il:1',j~' ! 'Z: ':'1' · ' W l! !,-:-~J ~'{ ~; ~"'" ~.:>- t."- I! " ,I- -, " I /,";..'41 '" i Jr~~ ' , . , , ~ . "1\ '\~~. /" .... 1"'-1 i - '\ of . \....., ..,' If' ,";,....... -L ,H'-" ~'--. p"--...L....~II -1 I f"'o(S~ - ,>-.'" ...... ~_ .', .A':\~ _: ='- -" I.. _. _..:./;';::::- J __ ! \.,~ I. , I ~ . ~- ---C:::=:ll' ,""'" "p--. ! _.. ~" /,,'-,' ~~ ~jE." '.. ", A -,~. d-~~",,\,;IJ)~, "::::::~ 'U~I ',' NI;t,,-~ =~"I_ WORK ~ r:i ~ ~[O rf j!1 1\\ -::.:::-----., .. I~ 7 :;: Ii .:._..~ __ AREA ~. ~ ~'::( = \~ '\' ) -=..:olII ~- r;.::;rr.- '~__ ~ ~ ~ --- . I . -~.,.. I .1 - ~ r '" . '\ -- ,,,":"r- ~; c-~ . ~ - r '+- ""-i /" ' ' ~ reDO ~"" ~ - J' / ~ _~ ~, . ) tl,~ LIMITS I Clinton $1. to Ann Cleary walk Clapp 51. to Rochester Ave. Jefferson St. 10 MarketSt Evans St. to Clapp St Highland Ave. to Kirkwood Ave. First Ave. to Arthur 51. Park Rdu 10 RiverSt. No Name Rd. to Dubuque 51. Foster Rd. to Taft Speedway Tracy Ln. to 2119 Davis Sl. Tavlor Dr. to Bancroft Ave. NAME MarketS!. MarketS!_ Evans SI JeffersonSt KeokukSt. Wayne AVe. FersonSt. Taft Speedway No Name Rd. OavisSt. Tracy_Ln. I LOCATION MAP: 2006 ASPHALT RESURFACING PROJECT IOWA CITY CITY OF N\vf; IJ;[ Prepared by: Brian Boelk. Civil Engineer. 410 E. Washington st.. Iowa City. IA 52240 (319) 356-5437 RESOLUTION NO. 06-115 RESOLUTION SETTING A PUBLIC HEARING ON MAY 2, 2006 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE ROUNDABOUT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 2nd day of May, 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 for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 18th day of April , 2006. ~uJL Mayor ATTEST: ~~ R. ~J City lerk Approved by: C~~~ ~j"lpr" Resolution No. Page 2 nh-l1'i It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: x x x y x x x Vanderhoef the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 'Id( \ ,/ To the Iowa City City Council concerning the Proposed Roundabout at the West End of Grand Avenue This is a request from the Melrose Neighborhood for a continuance of the Public Hearing set for April 18 on the proposed roundabout at the west end of Grand Avenue, so that any resolution on the issue can be deferred. This project is an amendment of the recently instituted modified one-way system involving Melrose Avenue, Byington, Grand Avenue and South Grand. The Melrose Neighborhood was an integral part of establishing that system through a Traffic Study authorized by the City Council and the Neighborhood's representation at the meetings to develop the system was sanctioned by that Council. However, the Neighborhood was not informed of this current amendment and only discovered its existence after other participants ofthe Study (the University of Iowa and the City) had already been in discussions to develop the roundabout. Though the Neighborhood representative has recently had some discussions with the City concerning the roundabout, there has not been sufficient time to adequately discuss this topic with the Neighborhood or to inform people who would be affected by the proposed roundabout on a daily basis (e.g., the faculty and staff at the VI Law Building, who were kept informed of the modified one-way system during the Traffic Study). In addition, because we have not been privy to the meetings concerning this roundabout, we are not completely clear as to how it would be of benefit. Members of the Neighborhood who are aware of the proposed roundabout are not convinced that it is necessary and are concerned that, instead of helping with traffic in the area, it will be detrimental to traffic flow for the vast majority of people using Grand A venue and the modified one-way system. The roundabout was proposed to: 1. Control an intersection that is currently confusing to the vehicular general public. 2. To add pedestrian refuge and crosswalks to a high capacity pedestrian location. 3. Slow down vehicular traffic, while maintaining constant flow, in order to make for a safer area for pedestrians and students. 4. Provide an escape route for those vehicles who want to go east from South Grand and instead of driving south to Melrose to accomplish this, have driven north on South Grand hoping to go east on Grand on a lane that is restricted to authorized vehicles only. 5. Aesthetically improve the City right-of-way and University campus in this highly visible location. The Neighborhood's response to this summary (on the information that it has) is that<1Dere is I,19t e_ :~') enough room at the intersection of Grand and South Grand. Roundabouts are most ~ve 2~ --,-- "i')" when they consist of two lanes. The proposed roundabout has only one lane., ':;::-; '};; '- ~-:l/ 2; ~._~ ::::'-.1,. :p ".:,. ...-"\ -::~ ~ ); -.....: :- :J:; -- '. '--..-' i(} Further the constriction of the two westbound lanes of Grand Avenue into one lane at the roundabout would interfere considerably with the traffic on Grand Avenue, which is part of a major east-west arterial for Iowa City and one of only a few arterials in this direction. A preview of such disruption was seen recently when the east end of Grand was restricted to one lane due to construction by the University. Alternative ways of slowing traffic, other than creating a traffic jam in the main arterial, should be explored. The same applies for aesthetic improvements - which would be a good idea and would be very welcome. Pedestrian refuge and crosswalks can still be added at Grand and Pharmacy Road without adding a roundabout. The major traffic at the proposed roundabout site is that going west from Grand A venue to South Grand. The vast majority (all but authorized vehicles) of traffic from the north part of South Grand ("Pharmacy Road") is going south on South Grand and easily filters into traffic. Yields signals would clarify the situation. Without going into details, a solution for much ofthe remaining traffic confusion (from the traffic going north on South Grand to Pharmacy Road and attempting to turn east on Grand) could be solved by making South Grand either one-way for emergency vehicles only or for making it completely one-way and having emergency vehicles turn north either on Grand Avenue Court or on Byington. Consideration of one of these alternatives should be given very serious consideration, as increased traffic is generated from the expansion of Ramp 4. Already, cars from that ramp are attempting to turn left on South Grand to go east on Grand. If South Grand was one-way, this traffic snarl would be avoided. In conclusion, at the least, this issue should be discussed further before it is considered for implementation. In addition, if any improvement is to be made, it would appear to be advantageous not to implement it at this time when there are so many other construction projects in the area, such as the ramp 4 expansion and the imminent chilled water project, both of which affect pedestrian and vehicular traffic on South Grand Avenue and on Melrose Avenue. Therefore, the Neighborhood requests that there be a continuance of the Public Hearing set for April 18 on the proposed roundabout, at least until after April 28, as the Neighborhood Representative who was involved in the development ofthe modified one-way system, of which this roundabout is an amendment, will be unavailable until then. Thank you, Jean Walker Melrose Neighborhood Representative 335 Lucon Drive April 9, 2006 0' '0;;' .5~,--.", .~~ ".~.j S:::;.} ,,"~~,)".',-.'-:/ ~~ ',,:' "ov \;-'...:.:.' ....... _"-j to" '" \ ," v ,>- .;:-)';' ""'""- .it -'( ~!.:' ::-.. AV, "r- .y/ '~ ,/")-..; . , !" '---', 0~ I ~~(;) I Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. RESOLUTION NAMING DEPOSITORIES 06-116 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the follovvng list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name U.S. Bank NA Iowa State Bank & Trust Co. Hills Bank & Trust Co. Regions Bank West Bancorporation, Inc. Bank of the West Wells Fargo Bank, NA U of I Credit Union Freedom Security Bank Farmers & Merchants Savings Bank Liberty Bank First American Bank American Bank & Trust Passed and approved this Location of Home Office 800 Nicollet Mall Minneapolis, MN 55402 102 S. Clinton St. Iowa City, IA 52244-1700 131 Main Street Hills, IA 52235 P.O. Box 387 Memphis, TN 38147-0001 1601 22nd St., Suite 209 West Des Moines, IA 50266 Local Location 204 East Washington St. Iowa City, IA 52240 Same 132 E. Washington St. Iowa City, IA 52240 501 12th Ave, Ste 100 Coralville, IA 52241 229 South Dubuque Iowa City, IA 52240 P.O. Box 73850 301 S. Clinton St. Cedar Rapids, IA 52407-3850 Iowa City, IA 52240 666 Walnut St. Des Moines, IA 50309 500 Iowa Avenue Iowa City, IA 52244-2240 140 Holiday Rd. PO Box 5880 Coralville, IA 52241 1550 S. Gilbert St. Iowa City, IA 52240 6400 Westown Parkway Des Moines, IA 50266 1207 Central Avenue Fort Dodge, IA 50501 4301 East 53rd Street Davenport, IA 52807 lR.t"n day of 112 S Dubuque St Iowa City, IA 52240 Same Same Maximum Balance Maximum Balance in effect under in effect under prior resolution . this resolution 65,000,000.00 65,000,000.00 35,000,000.00 35,000,000.00 25,000,000.00 25,000,000.00 35,000,000.00 35,000,000.00 35,000,000.00 35,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 15,000,000.00 15,000,000.00 Same 15,000,000.00 15,000,000.00 205 E College 25,000,000.00 25,000,000.00 Iowa City, IA 52240 1901 Broadway, Ste 2 10,000,000.00 10,000,000.00 Iowa City, IA 52240 805 22nd Avenue 0.00 10,000,000.00 Coralville, IA 52241 April ~ G 1Q~ MAYOR ATTEST A~l ~/ ~~ '- CITY CLERK Approved by ~ P' ____ 5 J"~~G City Attorney's Office Resolution No. Page 2 06-116 It was moved by Bailev and seconded by VRodPrhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y M~ r:=o Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 06-117 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM SUMMIT RESTAURANT AND BAR, INe. WHEREAS, on December 21, 2005, an employee of the Summit Restaurant and Bar, Inc., 10 S. Clinton Street, Iowa City, violated Iowa Code S 453A.2(l) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation the Summit Restaurant and Bar was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code S 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 the first time within a two year period its employee violates Iowa Code S 453A.2(1), after a hearing and proper notice; and WHEREAS, on April 11 , 2006, the Summit Restaurant and Bar, Inc., waived its right to the hearing required by Iowa Code S 453A.22(2) and accepted responsibility for its employee's violation ofIowa Code S 453A.2(l), by paying a $300.00 civil penalty to the City Clerk of the City ofIowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation by one of this businesses employees within a two year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of the Summit Restaurant and Bar, Inc. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: April 18, 2006 ~LJ~ Mayor, City of Iowa City ATTEST:~--7~ 7f. ldu..v City erk, City of Iowa City Resolution No. Page 7 06-117 It was moved by R~; 1 Py and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M~q o April 1 R ,2006 The City Council ofIowa City, Iowa, met in Harvat Hall, City Hall, Iowa City, Iowa, at 7: 00 There were present Mayor Wi] burn named Council Members: regular session, in the Emma J. o'clock .J'.-.M., on the above date. , in the chair, and the following Bailev. Chamnion. Correia. Elliott. O'Donnell, V;:mnerhoef. Wi 1 hurn_ Absent: None * * * * * * * -1- _ __ __.~.____"__,._. __ _ ____.._.,____~_,.___.__~______~_..____..__.,_..__......_.___..___.... ..____._..~,.___.'..__.m_.._.____ _._.".,...___._."__.._.__..__..."._ r:o Council Member Bailey introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,220,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, Alr.ES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. O'Donnell. NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 06-118 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,220,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City ofIowa City, Iowa, should issue General Obligation Bonds to the amount of not to exceed $6,220,000, as authorized by Section 384.25, of the City Code ofIowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7: 00 o'clock L.M., on the 2nd day of May .2. 2006, for the purpose of taking action on the matter of the issuance of not to exceed $6,220,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the acquisition, installation and repair oftraffic control devices and signals and equipping of the fire and police departments. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice ofthe proposed action to issue said bonds shall be in substantially the following form: -3- Publish 4120 NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF row A CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $6,220,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 2nd day of May, 2006, at 7:00 o'clock P.M., in the Emma 1. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $6,220,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the acquisition, installation and repair of traffic control devices and signals and equipping of the fire and police departments. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council ofIowa City, Iowa, as provided by Section 384.25 ofthe City Code ofIowa. Dated this 20th day of April, 2006. Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 2006. ATTEST: ~. ~ City erk /(. ~ 18th day of Aoril ~LJJL Mayor -5- ------,,--~-,-,-~"_.,-_._-,..~..-._----'_._.--'----~---"----------..-------..-- i4-' C3 ) NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA ~ CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $6,220,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON TI{~ ISSUANCE THEREOF PUBLIC NOTICE is ~reby given that the Council of the City of wa City, Iowa, will hold a public hearing on th~ day of , 2006, at o'clock .M., in the E a J. Harvat Hall, City Hall, 10 City, Iowa, at which meeting the Council proposes to ta e additional action for the i ance of not to exceed $6,220,000 General Obligation Bon for an essential corpor e purpose of said City, in order to provide funds to pay costs oft e construction, rec nstruction, and repairing of improvements to public ways and streets, the acquisitio , installation and repair of traffic control devices and signals and equipping fthe fire d police departments. At the above meeting the Council shal eive oral or written objections from any resident or property owner of said City, to th ove action. After all objections have been received and considered, the Council ill a this meeting or at any adjournment thereof, take additional action for the iss ance of id bonds or will abandon the proposal to issue said bonds. This notice is given by ord of the Council 0 owa City, Iowa, as provided by Section 384.25 of the City Code fIowa. Dated this ,2006. City Clerk of low City, Iowa I / I / / (End of Notice) -4- Mk, ~ c ~ Council Member Bailey introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $535,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanilerhopf seconded the motion to adopt. The roll was called and the vote was, A1nES: Vanderhoef, Wilburn, Bailey, Champion. Correia, Elliott, O'Donnell NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 06-119 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $535,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $535,000 as authorized by Section 384.26 of the City Code ofIowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code ofIowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7: 00 o'clock l'.....M., on the 2nd day of May 2006, for the purpose of taking action on the matter of the issuance of not to exceed -6- _~____'_"'_U'_.._._.._...M.~.._._._.__ ...~..,__._.,_ _"'__~'___'____'"~"__'____"''"_______'__'''____"_'____'_"_'_' ........___._........._..___._.___...._.___._.___._.___ . _,..,_._.~_,._,_,__.__ $535,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of targeted area housing rehabilitation improvements; the acquisition of art for public buildings and areas and window replacement to a Recreation Center and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -7- -.- -"-.--,.----.-~- .-- -- - ..~.----'-.---.-.--..----.--.---__.____"___'__"_.m______________. .__.~__,_..__.__.,..,._.._ __ _ ___.___.__.._____.___..,.___.~____.___.__ _,._._.____..__ Publish 4/20 NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $535,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City ofIowa City, Iowa, will hold a public hearing on the 2nd day of May, 2006, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $535,000 of General Obligation Bonds, bearing interest at the rate of not to exceed nine (9) per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of targeted area housing rehabilitation improvements; the acquisition of art for public buildings and areas and window replacement to a Recreation Center. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code ofIowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code ofIowa. Dated at Iowa City, Iowa, this 20th day of April, 2006. Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) "'-~-'-_.__.'-----_._-----_.__.__._._-_.."._~---_._--- PASSED AND APPROVED this 2006. ATTEST: ?;~I~r; ,,~ R.k~ 18th day of April ~ LJ ~ I~ - -". Mayor -9- -'-_._---'-'--~----"~-_._.-._--_._._-------,._,_.._,-."..._~._~--~-"_.- tfe ( <f ) NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $535,000 PRINCIPAL AMOUNT OF GENERAL O~IGA TION BONDS (FOR A GENERAL CORPORATE PURPO AN~EARING ON ISSUANCE OF SAID BONDS '" -., Public Notl'Ge is hereby given that the Council of the City of hold a public hearing'nu the day of , 2006, at '. o'clock _.M., 1 he Emma J. Harvat Hall, City Hall, owa City, Iowa, at which meeting the Council propose 0 take action for the issuance fnot to exceed $535,000 of General Obligation Bonds, bear interest at the rate ofn t to exceed nine (9) per centum per annum, said bonds to 0 issued for the purp e of providing funds to pay costs of targeted area housing rehabi . ation improve ents; the acquisition of art for public buildings and areas and window eplacemen 0 a Recreation Center. This Notice is given by order of the ou cil of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Cod Iowa. At any time before the date of said eet g, a petition, asking that the question of issuing such bonds be submitted to the Ie al vot s of said City, may be filed with the Clerk of said City in the manner provid d by Sect n 362.4 of the City Code of Iowa, pursuant to the provisions of Section 84.26 of the ity Code of Iowa. i I Dated at Iowa City, Iowa, tMs 2006. / City Clerk of 10 a City, Iowa (End of Notice) -8- ~ D:D Council Member Bailey introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $510,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, A)1ES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. O'Donnell NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 06-120 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $510,000 OF GENERAL OBLIGATION BONDS (FORA GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City ofIowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $5 10,000 as authorized by Section 384.26 of the City Code ofIowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code ofIowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7: 00 o'clock L.M., on the 2nd day of May 2006, for the purpose of taking action on the matter of the issuance of not to exceed -10- $510,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the improvement and equipping ofrecreation grounds, including the Soccer Park; improvements to the Waterworks Prairie Park, including canoe/kayak launch area and nature trails, construction of one or more park shelters and a fishing pier; acquisition ofland for development of the Sand Lake Recreational Area and improvements to the Mercer baseball fields, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -11- -~'------"-"-"'-'~---""--'--"~--'-'~------,-,--,--,----- ._---_.__._,._--_._._,--".....~-_....-._..."..._._--_..-.--.'--<.----......---...-----"-----....-,..--..- Publish 4/20 NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $510,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City ofIowa City, Iowa, will hold a public hearing on the 2nd day of May, 2006, at 7:00 o'clock P.M., in the Emma 1. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $510,000 of General Obligation Bonds, bearing interest at the rate of not to exceed nine (9) per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the improvement and equipping of recreation grounds, including the Soccer Park; improvements to the Waterworks Prairie Park, including canoelkayak launch area and nature trails, construction of one or more park shelters and a fishing pier; acquisition ofland for development of the Sand Lake Recreational Area and improvements to the Mercer baseball fields. This Notice is given by order of the Council of the City ofIowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in themanner provided by Section 362.4 of the City Code ofIowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 20th day of April, 2006. Marian K. Karr City Clerk ofIowa City, Iowa (End of Notice) PASSED AND APPROVED this 18th 2006. ATTEST: A~I<. ~ City Clerk day of April ~u1k- Mayor -13- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) ) SS ) COUNTY OF JOHNSON I, the undersigned City Clerk ofIowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings ofthe Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy ofthe face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code ofIowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries ofthe City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 18th day of Avril , 2006. ~~R.~ City rk, Iowa City, Iowa SEAL MMCGINLE\489200.I\WP10714.087 -14- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $510,000 PRINCIPAL AMOUNT OF GENERAL ~LlGA TION BONDS (FOR A GENERAL CORPORATE PURPOSE), ANI( HEARING ON ISSUANCE OF SAID BONDS , '. "'-,. fe (5) Public NotJce is hereby given that the Council of the City ofIowa City wa, will hold a public hearing on the day of 006, at o'clock _.M" in the Emma J. Harvat Hall, City Hall, Iowa C' , Iowa, at which meeting the Council prdp,oses to take action for the issuance of not exceed $510,000 of General Obligation Bond~~~earing interest at the rate of not to e eed nine (9) per centum per annum, said bon to be issued for the purpose 0 roviding funds to pay costs of the improvement and e uipping of recreation gro ds, including the Soccer Park; improvements to the Waterworks rairie Park, includin canoe/kayak launch area and nature trails, construction of one or ore park shelte and a fishing pier; acquisition of land for development ofthe Sand Lak Recreatio Area and improvements to the Mercer baseball fields. This Notice is given by order of the uncil of the City ofIowa City, Iowa, as provided by Section 384.26 of the City C de At any time before the date 0 aid meetin a petition, asking that the question of issuing such bonds be submitted to he legal voters f said City, may be filed with the Clerk of said City in the manner rovided by Sectio 362.4 of the City Code ofIowa, pursuant to the provisions of S tion 384.26 of the Ci Code ofIowa. 2006. , ; / / I (End of Notice) -12- Wg c::::J Prepared by: Robert Miklo, Sr. Planner, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 06-121 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SILVERCREST RESIDENTIAL COMMUNITY, PART 3, IOWA CITY, IOWA WHEREAS, the owner, Dial Corporation, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Silvercrest Residential Community, Part 3; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City 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: 1. The preliminary plat of Silvercrest Residential Community, Part 3, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 1 II t h d'YOf~/ J~ MAYOR - ATTEST:~'~) oJ!. ~,j I ERK Approved by ~ "7/t-z./ocP c'ity rney Office It was moved by Champion and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x 11' X X 11' ppadadmlreslsilvercrest3. doc ~ 61-1 Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (SUB05-00 RESOLUTION NO. 06-122 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF SCHNOEBELEN SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the applicant, Douglas Schnoebelen, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plat of Schnoebelen Subdivision; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: LOT 2 OF HOYLE'S SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 32, AT PAGE 60, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.61 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and after due deliberation, recommended acceptance and approval of said plat and subdivision; 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 1)f the owners and proprietors; and WHEREAS, the preliminary and final plat and the subdivision conform with all of the requirements . of the City Ordinances of the City of Iowa City, Iowa and all other state requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary and final plat and the subdivision of Schnoebelen Subdivision, Iowa City, Iowa, are hereby approved. 2. The City accepts the dedication of easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed, upon approval by 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 the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 1 Rth day of ~uJr~ MA OR ATTEST:7~~u) ~ ~~ CI CLERK Resolution No. Page 2 06-122 It was moved by Bailev and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliot! O'Donnell Vanderhoef Wilburn x x x x X y x --~------'-'--------~-"'-"'-------'--'--'----"-'-'--.-..-----------.------.-.-.,---...----------- To: Planning & Zoning Commission Item: SUB06-00004 Schnoebelen Subdivision GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District File Date: 45 Day Limitation Period: 60 Day Limitation period SPECIAL INFORMATION: Public Utilities: Public Services: STAFF REPORT Prepared by: Sunil Terdalkar Date: April 6, 2006 Douglas Schoebelen 2600 Court Street, Iowa City, IA 52245 (319) 354-1634 MMS Consultants 1917 S Gilbert Street, Iowa City, IA 52240 (319) 351-8282 Subdivision Preliminary and Final Plat Development of a 4-lot residential subdivision Hummingbird Lane, south of Lower West branch Road Approximately 2.61 acres RS-5 North: Residential - OPD-8 South: Residential- RS-5 East: Undeveloped Residential - OPD-5 West: Residential - RS-5 Low density residential Upper Ralston Creek (NE3) March 23, 2006 May 8, 2006 May 22, 2006 Sanitary Sewer can be extended from the Lindemann property to the east. The City will provide Police and Fire protection, and 2 refuse collection and recycling services. Transit route Eastside Loop and Rochester serve this area with the nearest stop located approximately half a mile north-west on the intersection of Amhurst Street and Lower West Branch Road. BACKGROUND INFORMATION: The applicant, Douglas Schnoebelen, is requesting approval for a 4-lot, single-family residential subdivision, on approximately 2.61 acres of land located on Hummingbird Lane, south of Lower West Branch Road. The land is part of a previously subdivided Hoyle's First Addition. ANALYSIS: Comprehensive Plan: The property is located within the Northeast Planning District. Although this particular property is not discussed in detail in the Comprehensive Plan, most of the surrounding area is indicated as appropriate for low density residential development. The proposed lot sizes meet the standards for the minimum lot size of 8,000 square feet and minimum width of 60 feet for the RS-5 zone. The proposed lot widths range from approximately 77.9 feet to 138.3 feet with lot areas ranging from approximately 14,416 square feet to 41,934 square feet. In staffs view, the proposed design is compatible with the surrounding low density single-family residential neighborhood. Therefore the proposed subdivision is consistent with the district plan. Traffic/Access: The proposed subdivision will be accessible from Hummingbird Lane on the west and Lower West Branch Road on the north. The Capital Improvement Plan indicates that the Lower West Branch Road will be reconstructed in 2008. A 30-foot wide temporary construction easement along Lower West Branch Road and a 25-foot wide temporary construction easement along Hummingbird Lane are required. The portion of Hummingbird Lane adjacent to the proposed subdivision is currently narrow and consists of a chip seal surface with no curb and gutter or sidewalks. The right-of-way has already been dedicated but the road requires improvements up to City street standards. The estimated cost for improving Hummingbird Lane is $250.00 per linear foot. As the proposed development is only on one side of Hummingbird Lane, this amount is divided by two and the resulting $125.00 per linear foot is applied to the Schnoebelen Subdivision. Since the property has 328.29 linear feet abutting Hummingbird Lane, the total cost is $41,036.25 (328.29 x $125.00 per linear foot). This amounts to $15,722.70 per acre for this 2.61-acre property. The legal papers should specify that payments will be made at the time building permits are issued for each lot. Neighborhood Parkland: The property is part of the Upper Ralston Creek Neighborhood Open Space District (NE3). Based on the Neighborhood Open Space Ordinance, a subdivision of this size is required to dedicate 0.061 acres (2,671.47 square feet) of open space or pay fees in lieu of dedication. The plat has been referred to the Parks and Recreation Commission for review. Given the location and the size of the property, it is likely that the fees in lieu of the land dedication will be recommended by the commission. The legal papers should address payment of fees in lieu of open space dedication. Infrastructure: Sanitary sewer lines will need to be extended to this subdivision from the existing line located on the Lindemann property to the east. The applicant is required to extend the sanitary sewer line to the existing residential lot in the Hoyles First Subdivision. The applicant also is required to pay ppdadmin\stfrep\sub06-00004 schnoebelen-prelim&fina!, doc 3 sanitary sewer tap-on fees of $1 ,038.26 per acre (a total of $2,709.86 for 2.61 acres) and water main extension fees of $395.00 per acre (a total of $1,030.95 for 2.61 acres). Storm water management is not required for subdivisions that are less than 3 acres in size. STAFF RECOMMENDATION: Staff recommends deferral of this item until the deficiencies and discrepancies listed below are resolved. Upon resolution of the deficiencies and discrepancies, staff recommends that SUB05-00028, a preliminary and final plat for Schnoebelen Subdivision, a 4-lot residential subdivision, on approximately 2.61 acres of land, located east of Hummingbird Lane, south of Lower Branch Road, be approved subject to staff approval of legal papers and construction drawings prior to Council consideration. DEFICIENCIES AND DISCREPANCIES: 1. Show a 30-foot wide temporary construction easement along Lower West Branch Road and a 25-foot wide temporary construction easement along Hummingbird Lane. 2. Extend the sanitary sewer line to Lot #1 in Hoyles First Subdivision ATTACHMENTS: 3. Location Map 4. Preliminary plat 5. Final Plat Approved by: 4~/Z1- - Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadmin\stfrep\sub06-QOOO4 sctmoebelen-prelim&final_ doc ~ CITY OF IOWA CITY -- - ~QP08 <~:,;\ --.- _~' "~'vV~:): i--jl):~;'Y C " ---- \ // ',,- ~--,/,\S~~\ "\ .... A' i3-n~-i '~~_ i \ ;' j 'U!I _ ! ~~~I'o__ . ~ ;' !: :-~--,-= . I L. , '--- t ---j I i ,. 1- , l- OP08 -- [ -j _--l , - z ---' o a: rn C) z 2 2 --, P~-l HANOVER SUB06-00004 Addition 1 st Resubdivislon Lot 2. HOYles SITE LOCATION: M M II CIVIL ENGINE!:RS LAND PLANNERS LAND SURVEYORS L.\JIDSCAPE ARCHITECTS ENVlRONKEHTAL SPEClAlJSTS 1917 $. GILBERT $T. IOWA CITY, IOWA 52240 (319)351-6282 www.mmsconsultants.net 5761 CST. SW SUITE D CEDAR RAPIDS, IOWA 52404 (319)841-5188 ~RlwllllOn PRELIMINARY PLAT Schnoebelen Subdivision A Resubdivlsion of Lot 2 or Hoyle's FlralSubdlvlslon IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS. INC. "",", 03-13-06 ""......"t F..ldeook.\ob, RS 764 """"'''', !'Jc.ol...., JDM 1"' ~ked ~ Sheet NO, DM Projcs<;t No, - Ie 7470002 ... FILED Z005 MAR 3 PH~: 44 CITY n! ER'< lj~_ If IOWA CITY II\\^,^ ....:. THIS ~"''!...~ RESEI'tVEO F"OR RECOI'tOER'S USE- PreIiminarx Plat Schnoebelen 2lubdivision A Resubdivision Of Lot 2 of Hoyle's First Subdivision To Iowa City, Iowa PLAT PREPARED BY: mnnm'stsuRTlMnRR'g 01OlF.R'~ i'l"mRWF.Y KMS CONSULTANTS me. DOUGLAS SCHJrlOEBELEN TIWOTHY GRADY IIn? S. GILBER'I' ST 2600 EAST COURT STREET 321 EAST KARKET STREET IOWA CITY, IOWA, ~2<tO JOWA CITY. IOWA. 52245 IOWA em. IOWA, &22"5 STANDARD LEGEND AND NOTES PROPERTY &/Of' BOUNDARY LINES CONGRESSIONAL SECTION LINES RIGHT-Of-WAY LINES EXISTING RIGHT-Of-WAY LINES CENTER LINES EXISTING CENTER LINES LOT LINES. INTERNAl LOT LINES. PLATTED OR BY DEED PROPOSED EASEl.lENT LINES EXISTING EASEMENT LINES BENCHMARK RECOROEO OIUENSlONS CURVE SEGMENT NUMBER INTERVAL o EXISTING DECIDUOUS TREE ~ EXISTING EVERGREEN TREES UNLESS HOlED OTHERWISE, AlL Dll,l[NSlONS ARE IN fEET AND HUNDREDTHS THE SIZE AND lOCA liON OF ALL PROPOSED UTILITIES SHOWN ON THIS PLAT ARE SUBJECT TO MODIFICATION AND/OR CHANGE THE ACTUAL SIZE AND lOCATION OF ALL PROPOSED FACILHlES SHALL BE VERIFIED 'NlTH CONSTRUCTION DOCUt.lENTS, WHICH ARE TO BE PREPARED AND SUB~ITTED SUBSEQUENT TO THE APPROVAL ~ THIS PLAT. o (R) 22-1 -EXIST- -PRQP- <u, <u, _ UTILITY POLE 1) 1) - LIGHT POLE ~($I ~ - SANITARY IolANHDLE . - FIRE HYDRANT tRl - WATER VALVE <<>> @ - ORAlNAGE MANHOLE Iii 0 - CURB INLET -x-)(- - fENC[ LINE _( ( - EXISTING SANITARY SEWER _(~ ((- - PROPOSED SANITARY SEWER ~ ~ - EXISTING STQRIol SEWER :: PROPOSED STQRt.l SEWER ISW. - WATER LINES E - ELECTRICAL LINES T - TELEPHONE LINES G - GAS LINES - CONTOUR LINES (1 - EXISTING TREE L1NI ---- _..._0"_"0- -.----------- --- --- ffiLot 2 01 Hoyl.'s F1rst Sulxllvi~on. lowo CIl)'. lowo. In occordonc. wtlh the Plot th.r.of Recorded In 900k 32. ot POll. ISO, of the R.cord.ollh.JohnsonCountyR.cord..... Offlal, eonlolnl"l) 2.61 ocr... ond subjllet 10 .o........t. ond r..trlctlon. of record. PLAT/PLAN APPROVED by the City of Iowa 'City '" """ ".. U1lU1'I' [M;OCNlS, AS _ fIlllilECltt. IllAT 011 lIAT 0101, lNC1J..USNoITNlTs["lN:S.AHD/OIII1~S[IERUJOa. AHD/OII....TEltLN:I;Sr:ECONS1IIUC1IONI'l.MI'OIIIl[T..u, Ull.I1'I'[ASll/ENlS,AS!lHlI'/IOl_00l.#IIIlOCl(QUA'II:F'OR JIlEINStAU.A1'ICIOIAHD~ANClEOI'M'AOu1l[S1I[__ (lI1T'IN[rcIU.O'aCAClNCln< _[N[lIGYco. ".. QlM:SlCXMUollCAlIOMS ".. ~ ".. '+ l. ':cV ;W iE 'I" . S . ~) !1.ftlilft_~ DIG III so '" JlIO I GRAPHIC OCAlJ IN m:r i 10=100' \ , " \ Q!.IM"J,,1!~~~~!E -."""" " " 'NllO' " ' , , ~~ "iM~1 .. \ \ ~ -,<::,'.--:'-< ~ -~ ' . ;'c~,C~2c~~ $: \ \- ~ :Ii :] ~Ir~' $, *: ~ I ~ "~ '" I., :80 il~ . I ~ t; I!, .. ;Z ~i f~iJ:'i' ,. l~~'fli! -/:: ,6' "<> 'I <;J . I ., , ~ :1 : ~I J .' <" CITY CLHi\\ IOV~4H,C:O:(c~)~hRVEO F"O~ R!:CORDER'S Final Plat Schnoe belen Subdivision + Resubdivision Of Lot 2 of Hoyle's First Subdivision To Iowa City. Iowa PLAT PREPARED BY: onRR'~lSllRJlMT)mg OWNF.1nI J,'rmR),lp'y W IE )n15 LVN5ULTAMTS nlC. DOUGLAS SCIDlOEBELEN TIMOTHY CRADY 1817 S. G1lJ1ERT 51 2800 EAST COURT STREET 321 EAST MARKET STREET IOWA CITY, IOWA. 62240 IOWA em. IOWA. 52246 IOWA em. IOWA. 52246 .. n" """"i..J ".... I.. m 51 'IS 110 CRAPIOCSCAlZIHn:Er \"..100' 2.61 AC M M II CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS L.\JIDSCAPE ARCIlJTEC'r.l EMVIROJOO:HTAL SPEClAlBl'S U5E- FILED 2005 MAR 3 PH 4: 44 " - . $Jsas'4"27"(:ll -.lUL 'fo.ii""ulltni 1 '''.'SSF" N . ~ ~ II~!. ~!.-~1~!:J~~ :" " ......r-.~~ j ~I :: 36 U sa as ~ ~::_-=:::- --::--1~::1~::-- - ~!ffl:;~ W$t8~fKlA.D 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net PLAT/PLAN APPROVED by. lhe City of Iowa City ~I <Q.A J> 1- I 5761 CST. SW SUITE D CEDAR RAPIDS, IOWA 52404 (319)841-5188 ~~ FINAL PLAT ~~ ,DatIJ:--1 Schnoebelen Subdivision Ii A ResubdMslon of Lot 2ofHoylu's ArstSubdlvlslon , IOWA CITY , JOHNSON COUNTY IOWA 20_ MMS CONSULTANTS. INC. ""... 03-13-06 De&lgMldt "..ldfloot.Mc>, RS 764 Dr_I::oJ' ....., JOM ,".100' GheGksd 'DM Sheet No, ProJec.t No, - Ie 7470002 ... ....... ""'" "'" ~~ - - U1lt.lTYUSEIlIDlTS,U__0H,IIAVOIIIlAVNOT. lNCI.UlII:!IANITNtYIiElIERI.INt:s'~/OIISTlllllllli(.~LIIlES, ~/llII...TUtl.lNl:SlIIUCON$TIIUCllONPLANSI"OIIDEl""S. U1lt.lTYtASElll:NTS,AlISHcNflItEJlEllN.AIlEADtCUATtI"Oll 1M(..sT..u.r.IlON~IlAlN'ItNA/OICEI11'JH1:fACl.l~1IEllUII- EDII1'T>€flll_ACEICES: -~~ ~STtoIllIUNlCATIllNS LEGEND AND NOTES ! -~M.CDIHR,_ -1XlNClIItSSlOIM.CICllIIO.lIEES1A1l.1S1CO -tllNGII(SSlllN....ellIIICR,IIIECllIIIItIILDCA1IllN . - -'ITY --<I), ,_ {. ......j o _ PIlllPUlTYCDIINEIlSWT (:.:..= :""~ ........ LS c., . _ I1lT"x" - -'ITY "lOt 80llNIlMlY UIlES -----IDMIIIE_~~, -...-...-...-- 1IGHT-111-....' LINn - - -_lZom~~ _lOTl..lNES,..lDINAI. ---LOTl..lNES,Pl.AntOOIIevDEED --------_[ASDlDfTl.lNI:S,lIIDTM"I'I.IIPOSENOlED -~~~~-~~~~------- - ElClSTlNG EAS(IlENT lJNEs, ~ 11C11EII ~:l ::== cU., _I;lIItVEliGIlDIT~ IIIl.USN01tlI-.....__.FEET_..-1HII (RRlJlC1'a.~(IS11SS1HANlrOOllN2O,OOOFE(1 ) ~ ~:. ~ :1 ~ "::1 L "~ ~ " 589'58'15"(" 3 <0 " 28,MSf" " SI8~'5.[ 303.23' 4 41.0J.4Sf" 1<: . ~ " . ~ 8 z 00' w z. 0" o~ Ii ~i -~ "" IIl....y c..tlfy 11101 thillond IUrw)inll ell th.....,t..:l.......y...........perfo...." perlOflalllUjMl"lIillonondlhlltl unclw It>tI Ill"" III Ill. 5tol. 20_. thl'HaI: I certify lhal clurinlllh. M(Ir\lh IIf w..eIl, 2006. III Ih.directi:JnClI0111l<jo1Schn........o.......y wo.mlld. under my sup.."'.lon oflol 2 III HII)4e'.rl..tSubdlvlslllll.lll'OIoClty.lo.o,lk. bound..l" of ""'leIl or. dncrlbed o. follows; Lot20fHoyl.'.rhISubdllli.Ion.lowoClly. lowo, In occordanc" wltll the Plol Ih...eof Recoreltdln Book 32.01 POll. 60. oftk. R.card.ol Ih. John..,., CoutltyRecord..... offic.. contolninll 2.61 oc.... ond....bject to 1tO........tsondr..trlctlon.lIl.ecord. Si9'>edbelcn....th"___dCIylll ___,20___ NotoryPubllc.inOlldforlh.Slot.ofIClWO.-- ~ N90W'OO"W J03.59' ~ ,on ",,,,:!'i~~"f4 \\))\!i,!~ '\'N~~I'l~ve.~'~ .. ~"""'.---- I ~~~~~~~'f!~ ..w>~ii<'<'- lID,OO' - t'^ +3 ~ L1L..I Prepared by: Chris O'Brien, Parking Manager, 410 E. Washington St., Iowa City, IA 52240 (319)356-5094 RESOLUTION NO. 06-123 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE 2006 PARKING GARAGE REPAIR AND PREVENTATIVE MAINTENANCE PROJECT. WHEREAS, RAM Building Restoration and Waterproofing LLC of Little Canada, Minnesota has submitted the lowest responsible bid of $658,000.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to RAM Building Restoration and Waterproofing LLC , subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 18th day of April ,20 06 ~LJ~ MAYOR ATTEST: ~ eI/ ~~ CITY ERK Ayovedby '. / / J!.---- Y((o(Ofo City Attorney's Office It was moved by Champion and seconded by Vapderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: y x X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwenglparking\res\2006 maint award.doc 1/06 -- - -_...._.._-------_.__._,.__._,_.....--,._,._._.-.~._-_.----_._---~-~--,-----_.__._.._-----_.-._-"_.._'--'--'-_._----,~_._---_.-.._'-_.._-_._._'"- ..>-\ \ \ .~, , \ ADVERTISEMENT FOR BIDS REPAIR AND PREVENTIVE MAINTENANCE OF THE CITY OF IOWA CITY PARKING GARAGES Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 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. Sealed proposals will be opened immediately thereafter by the City Clerk or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. A Pre-bid meeting will be held at 2 :00 th f P.M. on the 14 day 0 March, 2006, at 335 Iowa Avenue, Iowa City, Iowa. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of April, 2006, or at such later time and place as may be scheduled. Please see the Form of Proposal for a detailed description of what the Project will involve, but briefly the following: -Structural repair work such as partial and full depth concrete slab replacement and vertical and overhead concrete repairs -Routing and caulking fioor slab cracks -Surface protection treatments such as installation and/or replacement of expansion joint seal, waterproofing membrane, clear penetrating sealer, various joint sealants -Miscellaneous repairs such as metal pan stair replacement and door frame cleaning and painting All work is to be done in strict compliance with the plans and specifications prepared by Desman Associates, 20 N. Clark St. 4" Floor, Chicago, IL 60602, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more AF-1 bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of Five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Date: August 21, 2006 Specified Start Date: May 22, 2006 Liquidated Damages: $200.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations may be secured at the Office of the Parking Manager, 335 Iowa Avenue, Iowa City, Iowa, or at Desman Associates, 20 N. Clark St. 4th Floor, Chicago, IL 60602, by bona fide bidders. A $45.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Desman Associates. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal AF-2 resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-3 NI+3 1:1. Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St.. Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 06-124 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA HIGHWAY 1/U.S. HIGHWAY 218 RAMP SIGNALIZATION AND IOWA HIGHWAY 1/KITTY LEE ROAD RIGHT TURN LANE PROJECT. WHEREAS, Streb Construction Co. Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $419,361.65 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Streb Construction Co. Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 18th "'~(~L MAYOR ATTEST: 7~/A-uJ * ~--vV CI ERK It was moved by Bailev and seconded by adopted, and upon roll call there were: r.orreia the Resolution be AYES: NAYS: ABSENT: J( x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn J( x x x pweng\res\hwy 1 awrdcon.doc City of Iowa City MEMORANDUM ~ L..1LJ Date: April 13, 2006 To: City Council and City Manager From: Ron Knoche, City Engineer ~ Re: Iowa Highway 1/US Highway 218 Ramp Signalization & Iowa Highway 1/Kitty Lee Road Right Turn Lane Project Public Works and Engineering recommends awarding the Iowa Highway 1/US Highway 218 Ramp Signalization & Iowa Highway 1/Kitty Lee Road Right Turn Lane Project to Streb Construction Co. Inc., as the lowest responsible bidder. Although Vieth Construction Corporation submitted the lowest bid, it does not meet the contractual requirement that the prime contractor's own organization perform at least 50% of the work. The requirement that the prime contractor perform at least 50% of the work is standard for most Iowa City and Iowa Department of Transportation contracts. It exists because many project delays and problems are caused by coordination and mobilization issues related to subcontractors. Simply stated, the greater the amount of work that is subcontracted, the greater the opportunity for conflicts and delay. Also, when more than 50% of the work is subcontracted, it is a good indication that a particular project does not fall within the area of expertise of the prime contractor. The low bid was $408,689.90 from Vieth Construction Corporation, and the second low bid was $419,361.65 from Streb Construction Co. Inc. The Engineer's estimate for this project was $403,304.50. CC: Rick Fosse Eleanor Dilkes Page 1 of 1 \~ ADVERTISEMENT FOR BIDS IOWA HIGHWAY 1/US HIGHWAY 218 RAMP SIGNALIZATION AND IOWA HIGHWAY 1/KITTY LEE ROAD RIGHT TURN LANE PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 11th day of April, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of April, 2006, or at such later time and place as may be scheduled. The Project will involve two divisions: Division 1: Traffic control and traffic signalization of the Iowa Highway 1 and US Highway 218 Southbound Ramp Intersection, P,C. Concrete ramp widening and intersection reconstruction, subgrade preparation, Hot Mix Asphalt median shoulder, pavement markings, erosion control, seeding, and miscellaneous related work. Division 2: Traffic controi of the Iowa Highway 1 and Kitty Lee Road Intersection, P.C. Concrete pavement widening, subbase preparation, longitudinal subdrain, pavement markings, erosion control, seeding and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Engineering Alliance, Inc. of Cedar Rapids, Iowa and MMS Consuilants, Inc, of Iowa City, Iowa, for Divisions I and II respectively, which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk, Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to AF-1 exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvements for a period of five (5) years from and after its completion and formal acceptance by the City Council. The following limitations shall appiy to this Project: Specified Start Date: June 5. 2006 Completion Date: September 15. 2006 Liquidated Damages: $400 per dav The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said pians and specifi- cations and form of proposal blanks may be secured at the Office of the City Engineer of Iowa City, Iowa, by bona fide bidders. A $30 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Treasurer of the City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall iist on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive AF-2 technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-3 N\~ ~ Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 06-125 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2006 ELLIS AVENUE, MCLEAN STREET AND MOSS STREET WATER IMPROVEMENTS PROJECT. WHEREAS, Yordi Excavating, Inc. of Cedar Rapids, Iowa has submitted the lowest responsible bid of $173,730.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to YOrdi Excavating, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 1 Rth day of ,2006 MAYOR ATTEST: >>r~;!. ~ CITY ttERK Approved by /7 ~~ C; 'I!i,/p" City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Bailey the Resolution be AYES: NAYS: ABSENT: x X X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng/resl06Ellis-awrdcon .doc -".>- \~ ADVERTISEMENT FOR BIDS 2006 ELLIS A VENUE, McLEAN STREET AND MOSS STREET WATER IMPROVEMENTS CITY OF lOW A CITY Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 11 th day of April, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project Proposals will be acted upon by the City Council at a meeting to be held in the Emma J.HarvatHall at 7:00 P.M. on the 18th day of April, 2006, or at such later time and place as may be scheduled. The Project will involve the following: furnish and install approximately 260 square yards oftolal paving (asphalt, Portland Cement Concrete, and brick), furnish and install I ,245 lineal feet of water main, furnish and install water hydrants, valves and water service, minor demolition, seeding, removals and other related work. All work is to be done in strict compliance with the plans and specifications prepared by MMS Consultants, Inc., ofIowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF lOW A CITY, lOW A, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of AD-I T:\6400\6416008\Specs\Contract Docs\Adv. for Bids.doc said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvements for the period of five (5) years for paving and water mains, from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 40 Specified Start Date: June 5, 2006 Liquidated Damages: $ 100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Project Engineer, MMS Consultants, Inc., 1917 S. Gilbert Street, Iowa City, Iowa, by bona fide bidders. Questions in reference to said plans and specifications should be directed to Edward Brinton, P .E. ofMMS Consultants, Inc. at 319-351-8282 orfax. 319-351-8476. A $25.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to MMS Consultants, Inc. Plans and specifications will be available on March 22, 2006. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of AD-2 T:\6400\6416008\Specs\Contract Docs\Adv. for Bids.doc Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council ofIowa City, Iowa. MARIAN K. KARR, CITY CLERK AD-3 T:\6400\6416008\Specs\Contract Docs\Adv. for Bids.doc M~ , , " ~ Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 01;-111; RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2006 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. WHEREAS, Haosen Asphalt of Iowa City, Iowa has submitted the lowest responsible bid of $155,593.50 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Hansen Asphalt, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 18th day of April ,20 06 C2-LJ~ MAYOR ATTEST:~;A~) hi. ~~ IERK Approved by ~ I'~ ~;''!t'Xo c'lty Attorn~~ '-1 It was moved by Champion and seconded by adopted, and upon roll call there were: r.orreia the Resolution be AYES: NAYS: ABSENT: x x x x X x X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwenglres/06pavement-hansen.doc # (4 ADVERTISEMENT FOR BIDS 2006 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until10:30 A.M. on the 11th day of April, 2006, or at a later date andlor time as determined by the Director of Public Works or designee, with notice of said later date andlor time to be published as required by law. Sealed proposais will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Councii at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of April. 2006 or at such later time and place as may be scheduled. The Project will involve the following: Replacement of 1640 SF PCC Pavement and Driveways, 9,250 SF of HMA Pavement and Driveways, 830 SF of Brick Pavers, 1,1994 SF of 4" Sidewaik, 216 SF of 6" Sidewalk and Curb Ramp, 48 SF of ADA Detectable Warning Truncated Domes, and 4,515 SF of Removals. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineers Office, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder faiis to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: October 6, 2006 liquidated Damages: $50.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the City of Iowa City Engineers Office, Iowa City Iowa, by bona fide bidders. A $10.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK ~\(b ~ Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. 06-127 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. WHEREAS, City of Iowa City Resolution No. 84-248 provides that the City of Iowa City may designate a non-profit organization (NPO) to manage and operate the local public access channel, functions, and equipment, with partial funding to be provided by the Cable franchisee, and WHEREAS, City of Iowa City Resolution No. 05-224 approving the existing Franchise Agreement between the City of Iowa City and MCC Iowa LLC (Mediacom) provides that certain funding, equipment, and facilities shall be provided to the NPO as designated by the City of Iowa City, and WHEREAS, it is deemed in the interest of the City of Iowa City to designate a private non-profit organization to carry out the public access function, and WHEREAS, the City of Iowa City and Public Access Television, Inc, have successfully negotiated the terms of a 3-year agreement for said management and operation of the local public access channel, functions, and equipment commencing May 1, 2006. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Public Access Television, Inc. be and is hereby designated as the non-profit organization (NPO) to manage and operate the local public access channel(s), functions, and equipment. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest, the attached agreement between the City of Iowa City and Public Access Television, Inc., for funding, operation and management of the local public access function. Resolution No. Page 2 06-127 Passed and approved this 18th "Ym~l~~L MAYOR ATTEST:);~ K. id.A..J CITY ERK Approved by ~~~~ If-rr-o(,:, City Attorney's Office It was moved by 0' Donnell and seconded by adopted, and upon roll call there were: Bailev the Resolution be AYES: NAYS: ABSENT: x X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X mgr\asst\res\patvinc.doc AGREEMENT by and between The City of Iowa City, Iowa, and Public Access Television, Inc. for Funding, Operation and Management of the Local Public Access Function This Agreement is made by and between the City of Iowa City, Iowa, a municipal corporation ("Iowa City") and Public Access Television, Inc., an Iowa non-profit corporation ("PA TV'), (collectively "Parties"). In consideration of their mutual promises, the Parties agree as follows: RECITALS 1. The City of Iowa City desires to provide support for the use of public access channel(s), namely non- commercial community programming channels provided pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 and all other applicable local, State and Federal laws. 2. For the purpose of this Agreement, public access does not include the government, public library, University of Iowa, or educational access channels. 3. The franchise agreement between Iowa City, Iowa and MCC Iowa LLC provides that certain payments shall be made by MCC Iowa LLC to support the public access channel(s). 4. For the purposes of this agreement, the definition of public access is providing members of the community with tools, training and channel space services. Community programming is the active production and management by staff or trained producers of programs that are of interest to the community. Community programming includes but is not limited to promoting local non-profit organizations, taping local pUblic events, and providing community news and information. Examples of community programming include: the 4th of July fireworks, Homecoming parade, Run for the School Road Races, local school sporting events, local news and documentaries, free local concerts, coverage of local caucuses and political rallies, oral histories, and community public service announcements. 5. The City of Iowa City has since 1990 designated PATV as the approved non-profit organization to manage and operate the local publiC access channel, function and equipment. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows: Section 1. Scope of Services. In consideration of the funding provided to PATV pursuant to this Agreement, PATV shall perform the following services: A. Operate Public Access Cable Channel(s). Operate the public access cable channel(s) for pUblic access and community programming purposes. Operation shall include, but not be limited to, responsibilities for administering, coordinating, and assisting those who request to use the access channel(s). 2 B. Operate an Access Center. Provide a video production facility and equipment which shall be available for public use, the products of which shall be shown on the public access channel. C. Provide Equal Access. Allow access to equipment and facilities provided herein, together with cablecast time on the public access cable channel(s), on a non-discriminatory basis to all members of the public. This access shall be only for non-commercial programming purposes, whether individuals, groups, or organizations. D. Maintain Rules. Maintain written rules and guidelines for the use of the access equipment, facilities, and cablecast time in cooperation with the City. PATV shall provide the City with a copy of said rules and guidelines to allow ICTC to review and comment.. Said rules and guidelines shall be consistent with the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, FCC regulations, and all other applicable local, State, and Federal laws. Further, any rules and guidelines specific to times and hours of cablecast shall be content-neutral and consistent with the public forum doctrine, namely, time, place and manner. E. Traininq. Provide monthly training in the techniques of video production and facilitate production of community programming by providing technical advice. F. Client Satisfaction. Conduct assessment of client satisfaction of relevant service, staff, and center offerings including but not limited to training, equipment availability and condition, and staff responsiveness. G. Proqramminq. Schedule and cablecast programs a minimum of 65 hours per week on the public access channel(s) according to the adopted rules and guidelines. H. Prooram Listinq Information. PATV shall regularly send program listing information to all appropriate agencies so that program information may be included in the local print media (currently the Press-Citizen and Daily Iowan) and on the digital tiers of the local cable TV company(ies), if available. I. Maintenance of Equipment. Provide regular maintenance and repair of all video equipment and keep all equipment operational in a reasonable time and basis. J. Promotion. Actively promote the use and benefit of the public access channel(s) and facilities to subscribers, the general public, access users, the City, and MCC Iowa LLC. K. Community Proqramminq. PATV shall dedicate a minimum of 1/3 of its monthly programming hours to community programming. . L. Performance Review. In cooperation with the City and after three years of operation under this Agreement, or any renewal or extension thereof, undertake a performance review which shall include an opportunity for public access users, cable subscribers, and the general pUblic to provide comment. M. Other Activities. Undertake other community access activities as deemed appropriate by PA TV. N. Compliance with Laws. Rules and Requlations. Administer the public access channel(s) and facilities in compliance with applicable federal, state, and local laws, rules, and regulations, the Iowa City Broadband Telecommunications Franchise Enabling Ordinance. and in accordance with the franchise agreement between the City and MCC Iowa LLC. 3 Section 2. Proqramminq Content. PATV agrees to keep the public access channel(s) and services open to all potential users and free of censorship, subject to FCC regulations, the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and all other applicable local, state and federal laws. Parties agree that they will not attempt to control the content of programming placed on the public access channel(s) to the extent such programming is both lawful and also remains in compliance with the programming rules and guidelines. Section 3. Indemnification. PATV shall indemnify, defend and hold harmless the City, its officers, agents, and employees, from and against all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement, or which may be caused in whole or in part by any act or omission of PA TV. The City shall indemnify, defend, and hold harmless PATV, its officers, agents, and employees from and against any and all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement, or which may be caused in whole or in part by any act or omission of the City. Section 4. Copvriaht Clearance. Before cablecasting video and/or audio transmission, PATV shall require all users to agree in writing that they have obtained all required rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations; representatives, and without limitation from the foregoing, together with agreements from any and all other persons as may be necessary to transmit its or their program materials over PATV's authorized channel(s). PAT\! shall maintain copies of all such user agreements for purposes of inspection by the City, upon reasonable notice given by said party, and for the term of the applicable statute of limitations. If PATV violates this provision it agrees to indemnify the City fully as provided in Section 3 above for any liability imposed on the City. Section 5. Copvriqht and Ownership. PATV shall own the copyright of any programs which it may choose, from time to time, to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming if such person(s) so copyrights, subject, however, to PATV's continuing rights to the videotape as physical property, to be established and governed by the adopted rules and guidelines. Section 6. Distribution Riahts. A. PATV shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the channel(s) whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond that distribution on channels authorized by this Agreement), so long as such other distribution is consistent with the approved rules and guidelines. B. Payments required to obtain cable television distribution rights for programs acquired by PATV primarily for cablecast use may be made by PA TV from funds granted under this Agreement. C. PATV shall display on a daily basis a credit stating "Partial funding for the operation of this channel is provided by MCC Iowa LLC along with any other existing cable TV franchises, if any, and by the City of Iowa City." Section 7. Eauipment and Facilities. A. PATV shall be responsible for maintenance of all equipment and facilities owned, leased or loaned to 4 PA TV under this Agreement or purchased with funds provided pursuant to this Agreement. B. PATV recognizes that this Agreement, or property purchased pursuant to this Agreement, may create a possessory interest subject to property taxation, and that PATV may be subject to the payment of property taxes levied on such interest. PATV agrees to pay any and all lawful and non-exempt taxes, assessments, fees or charges at any time levied by the state, county, city or any tax or assessment levying body upon any property interest in this Agreement or on any possessory right which PATV may have.in property, improvements, fixtures or equipment purchased as a result of this Agreement. In the event of protest, PATV agrees to pay said taxes under protest, and in no event will the City be responsible for any fees incurred as a result of such protest. C. PATV shall own all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of this Agreement, all such equipment or facilities shall be disposed of as described in Section 18.C of this Agreement. Section 8. Insurance. PATV shall maintain in full force and effect, and at all times during the term of this Agreement, insurance as required by this Section. The cost of such insurance shall be borne by PATV and may be paid from funds received pursuant to this Agreement. A. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, equipment, and comprehensive automobile liability for any vehicle owned, leased, or operated by PATV. B. Worker's Compensation. Full Worker's Compensation Insurance and Employer's Liability with limits as required by Iowa law. C. City as Co-Insured or Additional Insured. The City shall be named as co-insured or additional insured on all aforementioned insurance coverages. The policies shall provide that no cancellation, non-renewal or major change in coverage or expiration may be effected by the insurance company or PATV without first giving the City thirty (30) days written notice prior to the effective date of such cancellation, non-renewal or change in coverage. Any insurance or self-insurance maintained by the City, its officers, agents, employees, or volunteers, shall be in excess of PATV's insurance, and shall not be deemed as a contribution to PANs coverage herein. D. Notification of Coveraqe. PATV shall file with the City Certificates of Insurance for coverages required above, to be filed within thirty (30) days of execution of this Agreement, and annually on the same date thereafter. Upon reasonable written notice, the City may request that Certificates of Insurance be provided at any time. Section 9. Non-Discrimination in Employment. PATV shall not discriminate against any person, employee, applicant for employment, or subcontractor on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation or political affiliation. Section 10. Independent Contractor. It is understood and agreed that PATV is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and PATV. If in the performance of this Agreement any third persons are employed by PATV, such persons shall be entirely and exclusively under the control, direction, and supervision of PATV. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging, or any other term of employment shall be determined by PA TV, and the City shall have no right or authority over such persons or terms of employment. Section 11. Assionment. Neither this Agreement nor any interest herein shall be assigned or transferred by PATV, except as expressly authorized in writing by the City. 5 Section 12. A. Annual Reports. PATV shall prepare and provide annually to the City, within 90 days following the end of each fiscal year, a written report of operational activities, which report shall include, but not be limited to, the following information: 1. Current and complete listing of PA TV's Board of Directors. 2. Year-end financial summary. 3. Written annual reports on statistical comparisons from the previous year and to other similar access centers if such data is available, studio use, checkout or equipment, editing bay bookings, total number of new producers, total number of workshops taught, total number of new locally-produced programs run on the channel, and total number of new "community" programs run on the channel. B. PATV shall also prepare and provide written reports on the following: 1. Monthly reports at Iowa City Telecommunications Commission meetings. 2. Financial statements sent to the ICTC on a quarterly basis. If PATV chooses to conduct an audit at any time, copies will be provided to the City. 3. Written semi-annual reports on the number of people trained, their rate of program completion, and whether affiliated with any University of Iowa project or class. 4. To be sent to the ICTC on a semi-annual basis: Listing of community programming cablecast within the last six months; PATV's role in the production of the community programming listed, if any; the nonprofit agency produced for or public event or other event covered determining that these are community programs; the run times of each program; and the list of public access programs and their run times over the last six months. Section 13. Records. PATV shall maintain all necessary books and records, in accordance with generally accepted accounting principles. Section 14. Relationship with Cable Franchise. A. Fundino. PATV shall receive funding as a result of the franchise agreement between the City and MCC Iowa LLC. Pursuant to the aforementioned, funds will be made available to PATV as follows: 1. City shall pay to P A TV monthly 1/12 of an amount based on a 2006 annual payment of $198,849.84, subject to a yearly escalator as provided in the franchise agreement between Iowa City and MCC Iowa LLC and further subject to the provisions of Subsection A. 2 of this Section. 2. All of the above notwithstanding, funding from the City to PATV shall only be provided as long as Cable Television Franchisee is obligated to, and continues to, provide funding as specified in Subsection A. 1. of this Section. City shall not be obligated herein to make any payment to PATV under this agreement unless and until such amount is paid to Iowa City by MCC Iowa LLC. B. Continued Services. 1. The Parties shall continue to utilize dedicated channel(s) as provided for in the City's cable ordinance decreeing public access channel dedication. 6 2. The City will make reasonable efforts to enforce all provisions of its ordinance and franchise agreement regarding public access. Section 15. Expenditure of Funds. PA TV shall spend funds received from the City solely for the purposes listed in this Agreement, and for the purpose of accomplishing PATV's mandate as described in PANs Articles of Incorporation and Bylaws. Funds not expended in a given fiscal year may be carried over into succeeding fiscal years. Section 16. Fundina From Other Sources. PATV may, during the course of this Agreement, receive supplemental funds from other sources, including, but not limited to, fund raising activities. Section 17. Term of Aareement. This Agreement shall commence on May 1, 2006 and end on May 1, 2009, unless terminated earlier, as provided in this Agreement. This Agreement may be extended, by mutual written agreement of the Parties, for an additional three year period as set forth below. Section 18. Termination of Aareement: Transfer of Assets. A. The City shall have the right to terminate this Agreement for breach of any provision of the Agreement by PATV, upon sixty (60) days written notice to said breaching party, provided that the breaching party may . avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. The City may also terminate this Agreement if PATV is dissolved. B. PATV shall have the right to terminate this Agreement for breach of any provisions of this Agreement by the City, upon sixty (60) days written notice to them, provided that the City may avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. C. In the event of termination of this Agreement, a committee shall be formed of an equal number of representatives from PATV and the City, in order to determine the transfer and disposal of all assets and equipment in order to best serve local public access and community programming needs. D. The City shall have the right to terminate this Agreement on thirty (30) days written notice to PATV in the event that funding for public access shall cease to be provided by operation of federal or other applicable law. In such event, and notwithstanding Section 14. hereof, the City shall have no liability to provide funding to PATV, nor shall the City be liable to PATV for any damages it may suffer or claim resulting from the termination of this Agreement. Section 19. Renewal of Aareement. This Agreement may be renewed or extended for additional periods, pursuant to the following process: A. If PATV seeks a renewal of this Agreement, it shall do so on or before November 1, 2008, by letter of intent to the City requesting renewal. B. The City shall respond to PATV's letter of intent to request renewal within sixty (60) days. Renewal may not be denied solely on an alleged failure of PA TV to comply with the terms of this Agreement unless the City has provided PATV a written notice of the alleged default and opportunity to cure same, and PATV has not satisfactorily cured said default. 1. If the City indicates its desire to renew this Agreement, PA TV shall, within sixty (60) days, submit to the City a letter outlining the content of the proposed new Agreement including items to be negotiated in the renewal process. . 2. If the City indicates its intention not to renew this Agreement, it must delineate, in writing, specific reasons for said denial. PATV shall be afforded a public hearing, if requested by PATV, which 7 hearing shall be specific to PANs performance during the period of this Agreement and to the City's announced intention to deny renewal. C. Parties to this Agreement shall make all reasonable efforts to reach agreement specific to the renewal in order to prevent unnecessary interruption of the access services provided to the public under this Agreement. Section 20. Time. Time is of the essence in the performance of this Agreement and for the performance of all covenants and conditions herein. Section 21. Cooperation. Each Party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement in good faith. Section 22. Applicable Law. This Agreement shall be interpreted and enforced under applicable laws of the State of Iowa. However, the parties will consider the use of mediation in attempting to resolve any dispute between or among them. In the event of dispute which cannot be resolved through mediation or where mediation has been rejected by one or both of the parties, the courts of jurisdiction shall be the Iowa District Court in and for Johnson County, Iowa, and the Southem United States District Court (Davenport Division). Section 23. Attorney Fees. In the event a legal dispute arises concerning the terms and conditions of this Agreement, and specific performance, damages and/or criminal prosecution is sought, the prevailing party shall be entitled to reimbursement for all reasonable attorney fees and costs resulting from said litigation. Section 24. Notices. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To PATV: Director Public Access Television, Inc. 206 Lafayette St. Iowa City, IA 52240 To City: Cable TV Coordinator City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Any party may change its address for notice by written notice to the other party at any time. Section 25. Entire AQreement. This Agreement is the entire agreement of the Parties, and supersedes all prior negotiations and agreements, whether written or oral. This Agreement may be amended only by written agreement. No purported oral amendment to this Agreement shall be valid. Section 26. Severabilitv. In the event some portion of this Agreement is found invalid by a court of competent jurisdiction, it shall be deemed severable, and .the remainder shall remain in full force and effect. __.__~___._.._______.m_'_"".,__~___'___'_~'___'_'_'__~~-'._---"""-'-'-- 8 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Date written below. CITY OF IOWA CITY, a municipal corporation PUBLIC ACCESS TELEVISION, INC. a non-profit organization By: (2\ ) Ross Wilburn, Mayor B'V a rson ':/-'2 c,. (')(9 . Date: Aoril] 1\. 2006 Date: Attest: 7?~~ 'K. ~ Maria K. Karr, City Clerk Date: April 11\. 7006 mgrasst\patv-2.doc ~e1 ~~I.\'\ ~-O(" CIty Attorney's Office 8 IN WITNESS WHEREOF. the Parties have executed this Agreement as of the Date written below. CITY OF IOWA CITY. municipal corporation Date: Attest: ~. Maria Date: mgr\asst\patv-2.doC PUBLIC ACCESS TELEVISION. INC. a non-profit organization _~B1 ~I.\-\ ~..()(.. CIty Attorney's Office ", 8 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Date written above. CITY OF IOWA CITY, a municipal corporation PUBLIC ACCESS TELEVISION, INC. a non-profit organization By: Ross Wilburn., Mayor Date: By: Chairperson Date: Attest: /' Date: mgr\asst\patv-2.doc ~~ CIty Attorney's OffIce 1-5 '-I-I)-~So