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Home My WebLink About2013-01-08 Resolution3c(8) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 13 -2 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Sauce — 108 E. College Street Passed and approved this 8th day of January , 2013 && &� MAYOR Approved by ATTEST: —�� %• CITY CLERK City Attorney's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton NOTICE TO BIDDERS STATE OF IOWA — Sealed bids will be received by the Iowa Department of Transportation (DOT), Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010 on December 18, 2012 at 10:00 A.M. for various items of construction and /or maintenance work. Plans, specifications and proposal forms for the work may be seen at the Office of Contracts until noon on the day previous to the letting. Mailed bids are to be sent to the Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Iowa DOT personnel will be available the day prior to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p.m. The Iowa DOT uses the Bid Express website (www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure this depository is available for a two -hour period prior to the deadline for submission of bids. If there is an interruption of communications or loss of service by Bid Express during this two -hour period, the Iowa DOT will delay the deadline for bid submissions to allow potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Office of Contracts after 10:30 A.M. on the day bids are to be received, unless otherwise specified by the Iowa DOT. All proposals must be filed on the forms furnished by the Office of Contracts, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa DOT reserves the right to waive technicalities and to reject any or all bids. A proposal guarantee, not less than the amount as set forth in the proposal form, shall be filed with each proposal. The proposal guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the contracting authority or to the bidder; and, where made payable to the bidder, shall contain an unqualified endorsement to the contracting authority signed by the bidder or the bidder's authorized agent. A properly completed Proposal Guaranty /Bid Bond (form 131084) or a properly completed Contractor's Annual Bid Bond (form 650043) may be used in lieu of the monetary options specified above. Both forms are available from the Office of Contracts. Per Iowa Code section 423.3 (80), the contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies and equipment used in the performance of the construction contract. Failure to execute a contract and file an acceptable performance bond and certificate of insurance within 30 days of the approval date for awarding the contract will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa DOT (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise (DBE) goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without DBE goals, the contractor must show that affirmative action has been made to seek out and consider DBEs as potential subcontractors. Some projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects open for bids and details for each project will be available to potential bidders and suppliers three (3) weeks prior to the letting date at the following locations: • on the Internet at www.ia.bidx.com or www.iowadot.gov • by calling the Office of Contracts at 515 - 239 -1414. Minimum wage rates for all federal -aid projects have been predetermined by the U.S. Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the federal -aid highway system. All federal -aid projects are subject to the Contract Work Hours Standards Act, as amended (title I of Pub. L. 87 -581, Aug. 13, 1962, 75 Stat.357) and implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within Iowa, and also, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no federal funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515- 239 -1414 Bid Order: 009 County: JOHNSON Proposal ID: 52- 3715 -650 Work Type: BRIDGE REPLACEMENT — PPCB Proposal Section: ITEMS FOR A 55' -0" X 36' -0" PRETENSIONED PRESTRESSED CONCRETE BEAM BRIDGE W/ 9' -0" SIDEWALKS DBE Goal: 5% Working Days: 105 Late Start Date: 04/01/2013 Guarantee: $62,500.00 Project: BRM -3715 (650)- -8N -52 Route: ROCHESTER AVENUE BRIDGE IN THE CITY OF IOWA CITY OVER RALSTON CREEK 3d.�..(..) ■ Prepared by: Melissa Clow, Special Projects Administrator, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5413 RESOLUTION NO. 13 -3 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON CREEK PROJECT [BRM- 3715(650)-- 8N -52]. WHEREAS, Iowa Bridge and Culvert, L.C. of Washington, IA has submitted the lowest responsible bid of $927,997.11 for construction of the above -named project; and WHEREAS, funds for this project are available in the Rochester Avenue Bridge account # 3919. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to Iowa Bridge and Culvert, L.C., 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 the contract for construction of the above -named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 8th day of January , 201_. ATTEST: //W, A2 & . e'Z 1/ CITY—CLERK 44Z.04^ MAYOR Approved by ity Attorney's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton pweng\rnasters\awrdcon.doc 12/12 po 4/ Prepared by: Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 13 -4 RESOLUTION ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #5 WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Demolitions Project - Contract #5, as included in a contract between the City of Iowa City and Iowa City Excavating of Coralville, Iowa, dated November 9, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the CDBG account # 813 -2300; and WHEREAS, the final contract price is $74,964.91. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of January -120 13 MAYOR Approved by ATTEST: O 7 • Akt�-, CITY CLERK City Attorney's Officeylr.3�� It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek _ X Mims X Payne X Throgmorton Pweng /masters /acptwork. doc 12/12 3d(2 Nip ON'rrr� LIZ ; .t' now- CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org December 13, 2012 City Council City of Iowa City, Iowa Re: CDBG Demolitions Project - Contract #5 Dear City Council: I hereby certify that the CDBG Demolitions Project - Contract #5 has been completed by Iowa City Excavating of Coralville, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $74,964.91. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer /A4a 3d(3) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -5 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A GRANT AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR THE IOWA RIVER RESTORATION /BURLINGTON STREET DAM MODIFICATION PROJECT. WHEREAS, the Iowa Department of Natural Resources (DNR) has awarded the City a $50,000 grant to assist with the design for the modification of the Burlington Street dam; and WHEREAS, modification will enhance the safety the Iowa River, increase the recreational use, and help the environment; and WHEREAS, it is the City's interest to enter into the grant agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign the EPA Cooperative Agreement (LHDP Grant #13 -03 97735401) and amendments as needed. Passed and approved this 8th day of January -12013. MAYOR ATTEST: r CITY LERK City Attorney's Office Resolution No. Page 2 13 -5 It was moved by Champion . and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton D Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 13 -6 RESOLUTION ACCEPTING THE WORK FOR THE WATER WORKS PRAIRIE PARK FLOOD MITIGATION IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Water Works Prairie Park Flood Mitigation Improvements Project, as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa, dated November 17, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Plant Site Well House Source Protection account # 3283; and WHEREAS, the final contract price is $445,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of January —,20 13 . ATTEST: 14�tl / CIT CLERK MAYOR Approved by City Attorney's Office j It was was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton S: \ENG \PW\Resolutions\Project Resolutions\Accept Project \Water Plant Well House Protection Accept Project.doc 12/12 3dC4) ENGINEER'S REPORT December 21, 2012 City Clerk City of Iowa City, Iowa CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org Re: Water Works Prairie Park Flood Mitigation Improvements Project Dear City Clerk: I hereby certify that the Water Works Prairie Park Flood Mitigation Improvements Project has been completed by Advanced Electrical Services, Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by HR Green, Inc. The final contract price is $445,000.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 3d(5) POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 December 18, 2012 Mayor Matt Hayek 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At the December 18, 2012 meeting, the PCRB voted in open session to request a 30 -day extension to its regular 45 -day reporting deadline for the Public Report according to the City Code for PCRB Complaint #12 -05 for the following reasons: • Due to timelines and scheduling • Public Report presently due January 14, 2013 30 -day Extension request — Report would be due on February 13, 2013 The Board appreciates your prompt consideration of this matter. Sincerely, Donald King, Temporary Chair Police Citizens Review Board cc: City Attorney EM 01-08-13 3d(6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 13 -7 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 430 SOUTHGATE AVENUE AND 436/438 SOUTHGATE AVENUE, IOWA CITY, IOWA. WHEREAS, on November 10, 2010, the owner executed a Mortgage with the City of Iowa City to secure a loan using Community Development Block Grant Funds (CDBG); and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 430 Southgate Avenue and 436/438 Southgate Avenue, Iowa City, Iowa from a Mortgage recorded January 3, 2011, Book 4707, Page 621 through 625, of the Johnson County Recorder's Office. Passed and approved this 8th day of January , 203_. ATTEST: a� J CI Y LERK Approved by City Attorney's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Mid - Eastern Council on Chemical Abuse Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located in Johnson County, Iowa City, Iowa, and legally described as follows: Lot 14 and 15, Block 5, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 8, page 69, Plat records of Johnson County, Iowa; and Lot 13, Block 5, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa. from an obligation of the owner, Mid - Eastern Council on Chemical Abuse, to the City of Iowa City represented by a Mortgage recorded January 3, 2011, Book 4707, Page 621 through 625, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. L STATE OF IOWA ) ► SS: JOHNSON COUNTY ► _ - _ ___ e. -� City Attorney's Office On this 8 day of J , A.D. 20 ! -_i, before me, the undersigned, a Notary Public in and for said County, in said State, personally appea ed Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. G-7 , adopted by the City Council on the 2_ day , 20 l3 and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of gaid instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o SONDRAE FORT a Commission Number 159781 1 My Commission Fires Snw%�Qc1� 0 3171-701-5 Notary Public in and for Johnson County, Iowa E Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 13 -8 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 507 E. COLLEGE STREET, IOWA CITY, IOWA. WHEREAS, on September 5, 2006, the owner executed a Mortgage with the City of Iowa City to secure a loan using Community Development Block Grant Funds (CDBG); and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 507 E. College Street, Iowa City, Iowa from a Mortgage recorded September 6, 2006, Book 4078, Page 998 through 1002, of the Johnson County Recorder's Office. Passed and approved this 8th day of January , 20_L3__. I MA e- Approved by City Attorney's Office 3d(7) a'( ") -(,� It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns _X Hayek X Mims X Payne X Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Community Mental Health Center for Mid - Eastern Iowa - – Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located in Johnson County, Iowa City, Iowa, and legally described as follows: The west sixty-five (65) feet of Lot three (3) and the east ten (10) feet of Lot four (4), all in Block forty- two (42), in Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions, if any. from an obligation of the owner, Community Mental Health Center for Mid - Eastern Iowa, to the City of Iowa City represented by a Mortgage recorded September 6, 2006, Book 4078, Page 998 through 1002, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY 6 `ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) �A MAYOR AD Droved � 1 t4 City Attorney's Office On this 9— day of , A.D. 20 /a_, before me, the undersigned, a Notary Public in and for said County, in said State, personally app4ared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf the corporation by authority of its City Council, as contained in Resolution No. [3 —S , adopted by the City Council on the $ day 20 13 and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT nsce T�J o Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission t_xplres ap 111J 3d(8) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 13 -9 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 511 3RD AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages which were executed by the owner of the property on February 10, 2005, recorded on March 16, 2005, in Book 3853, Page 589 through Page 593; and in Book 3853, Page 594 through Page 599 in the Johnson County Recorder's Office covering the following described real estate: Lot 2 in Block 22 in East Iowa City, Iowa, according to the plat thereof in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to easements, restrictions and covenants of record, if any WHEREAS, University of Iowa Community Credit Union is refinanced a mortgage to the owner of the property located at 511 3`d Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above - described real estate to secure the City position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 8th day of January , 20 13 ►,_ •- Resolution No. 13 Page 2 A oved by ATTEST: CITY C ERK City Attorney's Office It was moved by Cah=ion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time are in the amount of $17,099, and was executed by Ann Marie Drop (herein the Owner), dated February 10, 2005, recorded March 16, 2005, in Book 3853, Page 589 through Page 593; and in Book 3853, Page 594 through Page 599 Johnson County Recorder's Office, covering the following described real property: Lot 2 in Block 22 in East Iowa City, Iowa, according to the plat thereof in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to easements, restrictions and covenants of record, if any WHEREAS, the Financial Institution has loaned the sum of $125,000 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 8 day of 7.4NUAiZU , 20 �3 CITY OF IOWA CITY WIARMM Attest: . J City Cle k CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By +1, On this _9 day of TAm&Arz , 20 13 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mc,-4 ew"J: 14 and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did s y that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. 13- 9 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the 9'" day of "T N , 20__L3 _, and that ti w Q- 44 e.A,4 K and Marian K. Karr acknowl dged the execution of the instrument to be their volufftary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT o � Commission Number 159791 • w 3y Com A8/' Expires Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 19 fh day of DeccmW 20 lad , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared r Vul"Iw 2 , to me personally known, who being by me duly sworn, did say that�she is the l�jar,age �an Of{iCU' of �UuVU�� a� �Cwa �n�mu�4 N G?dffXn,�lhat said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Wt JOh `Xi►'t, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Notary Public in and for a State of Iowa My Commission expires: /1 -/0 -,?0/q VIM VICT—ORIA L WALTZ Commission Number 77048 . AW.l 7 My Commission Expires Prepared by: Terry Robinson, Parks & Recreation, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356 -5107 RESOLUTION NO. 13 -11 RESOLUTION ACCEPTING THE WORK FOR THE NAPOLEON PARK FIELD 1,2,3,4 RENOVATION PROJECT WHEREAS, the Parks & Recreation Division has recommended that the work for construction of the Napoleon Park Field 1,2,3,4, Renovation Project, as included in a contract between the City of Iowa City and Iowa Athletic Field Construction Co. of Webster City, Iowa, dated July 31, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Napoleon Park Field 1,2,3,4 Renovation Project Capital Improvements account # 4163; and WHEREAS, the final contract price is $117,777.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of January , 20 13 . mzm� AIR6a-4N. MAYOR Approved by Ia - I C- - tJ" City Attorney's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: —x x x X _ x x x Pweng/masters/acptwork.doc 12/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton (IV) M)9 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 13 -10 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND US BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 771 ELLIOTT COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Retention Agreement and Deed Restrictions and also a First Amendment to Retention Agreement and Deed Restrictions, executed by the owner of the property on February 24, 2009, recorded on March 5, 2009, in Book 4403, Page 896 through Page 897; and executed on June 30, 2010, recorded on July 2, 2010 in Book 4615, Page 355 through Page 356 in the Johnson County Recorder's Office covering the following described real estate: Lot 19, Cameron Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Book 30, Page 224, Plat Records of Johnson County, Iowa. WHEREAS, US Bank is refinanced a mortgage to the owner of the property located at 771 Elliott Court and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, US Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with US Bank; and WHEREAS, there is sufficient value in the above - described real estate to secure the City position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and US Bank, Iowa City, Iowa. Passed and approved this 8th day of Janu ATTEST: ? ",al) 4. : CITY CLERK 20 13 Approved by �J City Attorney's Office 3d(9) Resolution No. Page 2 13 -10 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion x Dickens Y Dobyns x Hayek x Mims x Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and US Bank, Iowa City. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Retention Agreement and Deed Restrictions and also a First Admendment to Retention Agreement and Deed Restrictions which at this time is in the amount of $9,000, and was executed by Jerry Anthony and Anna Joseph (herein the Owners), dated February 24, 2009, recorded March 5, 2009, in Book 4403, Page 896 through Page 897; and dated June 30, 2010, recorded July 2, 2010, in Book 4615, Page 355 through Page 356 Johnson County Recorder's Office, covering the following described real property: Lot 19, Cameron Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Book 30, Page 224, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $152,000 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Retention Agreement and Deed Restricitons and also a First Admendment to Retention Agreement and Deed Restrictions held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Retention Agreement and Deed Restrictions and also a First Admendment to Retention Agreement and Deed Restrictions held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Retention Agreement and Deed Restrictions and also a First Admendment to Retention Agreement and Deed Restrictions of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 8-41' day of `T ALtAAcr , 20 ! CITY OF IOWA CITY FINANCIAL INSTITUTION By OOA6-�� _ By Mayor Attest: •- CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this - $A day of ':7A4,,AkU , 20_,3, before me, the undersigned, a Notary Public in and for the State of Iowa,, personally appeared w ';J—. la, and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did Vay that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. /3 — !O passed (the Resolution adopted) by the City Council, under Roll Call No. -- ---- -- of the City Council on the F 4-"� day of .a� , 20_L3 __, and that MyLObw ST" 1 i and Marian K. Karr acknowlbdged the execution of the instrument to be their vol ntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT Commission Number 159791 S 3 y c7 4 ° s ue$ Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 20% 1:::� , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Gewr� (N- J X,PIto me personally own, who being by me duly sworn, did say that he) is the of l ' 2L that sa' instrument was s ign�d non behalf of said corporation by authority of its Board of Directors; an at said *Acknowledged the execution of said instrument to be tVvo)untari*, t and deed of said corporation, by it and by him /her voluntarily executed. Not JAMES J. THIBODEAU ' Commission Number 761901 My Commission Expires /OWN February 22, 2013 My in of Iowa ission expires: oza4h-1 ^f�.g Prepared by: Terry Robinson, Parks & Recreation, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356 -5107 RESOLUTION NO. 13 -11 RESOLUTION ACCEPTING THE WORK FOR THE NAPOLEON PARK FIELD 1,2,3,4 RENOVATION PROJECT WHEREAS, the Parks & Recreation Division has recommended that the work for construction of the Napoleon Park Field 1,2,3,4, Renovation Project, as included in a contract between the City of Iowa City and Iowa Athletic Field Construction Co. of Webster City, Iowa, dated July 31, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Napoleon Park Field 1,2,3,4 Renovation Project Capital Improvements account # 4163; and WHEREAS, the final contract price is $117,777.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of January , 20 13 . JAM/mvp IM�., , z r W � I ATTEST: APM20 - "IM CITY 0111131;4.�' A��^ MAYOR Approved by City Attomey's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: _ x x x X x x x Pweng/masters/acptwork.doc 12/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton I 3d(10) ,�t6a - A �m liir. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org December 14, 2012 City Clerk City of Iowa City, Iowa Re: Napoleon Park Field 1,2,3,4 Renovation Project Dear City Clerk: I hereby certify that the construction of the Napoleon Park Field 1,2,3,4 Renovation Project has been completed by Iowa Athletic Field Construction Co. of Webster City, Iowa in substantial accordance with the plans and specifications prepared by VJ Engineering of Coralville, Iowa. The final contract price is $117,777.00. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer WE 0 1 -811 TT, 3d(11) Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 13 -12 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF WATER MAINS IN CONNECTION WITH UNIVERSITY OF IOWA'S POTABLE WATER DISTRIBUTION SYSTEM. WHEREAS, the University of Iowa has installed a potable water distribution system within City of Iowa City public rights -of -way; and WHEREAS, the City of Iowa City desires to enter into an agreement with the University of Iowa providing for the continued use of the public right -of -way and for the possible expansion of the existing facilities; and WHEREAS, it is in the public interest to enter into a license agreement with the University of Iowa concerning the responsibility for the installation and maintenance of the potable water distribution system system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached license agreement between the City of Iowa City and the University of Iowa to use certain streets and public rights -of -way as set out in said agreement for the placement of a potable water distribution system is in the public interest, and is hereby approved as to form and substance. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at the University of Iowa's expense. Passed and approved this 8th day of January , 2013. Approved by ATTEST: CITY ERK C y Attorney's Office 7 Resolution No. 13 -12 Page 2 It was moved by Champion • and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion _ x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE UNIVERSITY OF IOWA FOR USE OF PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF WATER MAINS IN CONNECTION WITH UNIVERSITY OF IOWA'S POTABLE WATER DISTRIBUTION SYSTEM. SECTION I. DEFINITIONS "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "License Area" shall mean that area of public right -of -way depicted on Exhibits A, B, C and D, attached hereto and incorporated herein, and any additional public right -of -way the Director of Public Works has given the University written authorization to place its water mains pursuant to Section 3 herein. c. `Public Improvements" shall mean any publicly -owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. d. "University" shall mean the University of Iowa and shall include equipment owned, operated, leased, or subleased in connection with the operation and maintenance the University's potable water distribution system, and shall include, but is not limited to, water main, service lines, fire hydrants and shut off valves and other related infrastructure. SECTION 2. BASIC GRANT University is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain water main facilities (hereinafter "Facilities', under, upon, along and across the License Area, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE UNIVERSITY FACILITIES The University shall be required to obtain written authorization and any required permits prior to commencing any extension or expansion of its Facilities, or any major repair work or the installation of any new Facilities in the License Area. To apply for said authorization, the University shall file with the Public Works Department of the City a written statement identifying the portion of the License Area under which or upon which the University proposes to extend, expand, install or repair its Facilities. The statement shall be accompanied by a map, plan or specifications showing the proposed location of the Facility components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. Such proposed Facilities shall not interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements, such as any existing City-owned public utility facility component or other structure upon or under the public right -of -way. If the proposed location of any Facility interferes with said public improvements, the Director of Public Works shall, within reasonable time after the filing of such authorization request, note the changes necessary to eliminate the interference and refer the same back to the University for amendment. Such map, plan, or specifications, when properly changed and corrected, shall be filed in the Public Works Department. Any project thus authorized shall remain subject to the provisions in Section 8 herein and shall be in accordance with the approved maps, plans and specifications. No excavation, construction or erection shall be commenced before the University receives written authorization and all necessary permits unless such action is in response to an emergency as provided for in Section 5. SECTION 4. CONSTRUCTION AND REPAIR OF UNIVERSITY FACILITIES Any excavation or obstruction made or placed in public right -of -way performed by the University in exercise of the license rights granted herein shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded at a minimum in accordance with requirements set forth in the Manua/ on Uniform Traffic Control Devices All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. In consideration for the rights granted herein, the University shall, at its own expense, repair or cause repair to any public utility system component, public improvement or public right -of -way damaged during the course of the University exercising the rights granted herein. If the University fails to repair or cause such repair, the City may make such repairs at the expense of the University after providing the University's designated representative with thirty days written notice. The University shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 5. EXCAVATIONS The University is authorized to make excavations in City within the License Area for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the chilled water lines and steam distribution lines, subject to the conditions contained herein. In making such excavations, the University shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the University may proceed with the work without first applying for or obtaining the permit, provided, however, that the University shall apply for and obtain the permit the next business day after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the University fails to comply with the provisions of this Section, the City may repair or restore the disturbed area to a condition as good as the condition of the property prior to the disturbance by the University. The University shall pay the costs of such repair or restoration. The University shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid water mains, service lines, fire hydrants and shut off valves and other related infrastructure, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public right -of -way occupied by the University, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the University for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the University's facilities. SECTION 7. UNIVERSITY CONTRACTORS The requirements of this agreement shall apply to all persons, agents, independent contractors, firms or corporations performing work for the University under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The water mains and other components of the Facilities erected by the University within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin the License Area. The University shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The University shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its Facilities in, on, over or under the License Area in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public right -of -way and for the purpose of facilitating the vacation and /or redevelopment of City-owned public property or public right -of -way by the City. In the event the University fails to act within a reasonably allocated time, the City may cause the University Facilities to be relocated, and the costs thereof shall be to the University and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of University's failure to act within a reasonable time shall be the responsibility of the University. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The University shall not place its Facilities in the License Area where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. University shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The University shall not place identification signs within the public right -of -way. Upon request, the University agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the University shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll -free "One - Call" number. Installation, repair, or replacement work completed by the University or any facilities requiring excavation of City-owned public property or public right -of -way shall require University to restore and replace surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The University shall notify the City when the Facilities are to be abandoned. The University shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto, as required in conjunction with other right -of -way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public right -of -way by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public right -of -way. Any such further regulations shall apply to University and to this agreement. 3 SECTION 11. PLANS AND COORDINATION Upon completion of the work, the University shall promptly furnish to the City copies of "as- built" plans related to its Facilities located in the License Area. The University shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT The University shall be considered in default of this Agreement if the City becomes aware of and confirms that a breach of this agreement is occurring or has occurred, or that the University has violated the relevant codes or ordinances regulating the University's operation of its Facilities or use of public right -of- way (hereinafter referred to as a "default'). In the event of such default, the City may take appropriate steps to require the University cure the default. The City shall give written notice to the University of the default, and the University shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, the University shall proceed promptly to cure the same and prosecute such cure with due diligence and the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that the default creates an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to University and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the University. If the University fails to cure a default within the time allowed, the City shall have the right to: i. seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the University; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The University agrees to be responsible for any and all damages arising directly from negligent acts or omissions in exercising the rights granted herein. The University agrees to require contractors and subcontractors engaged in work for the University within the License Area to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the University in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. n SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to University if the City determines that the property or public right -of -way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the University exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public right -of -way in which the University has installed its Facilities without reserving such rights as necessary to allow continued use of such property for the said Facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the University to relocate its Facilities as provided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City 410 E. Washington Street Iowa City, IA 52240 If to University: University Business Manager University of Iowa ..yes -pee -6c v Ucc_ Iowa City, IA 52242 Provided, however, that in case of an emergency, notices may be given verbally to the above -named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at University expense. +6 Dated this day of 7" uA 2013. CITY OF IOWA CITY U IVERS OF I A By. Matthew J. Hayek, Mayor D vid Kieft University Business Manager Attest: hL7� �. k - i�� City erk pp _.. City Attorney's Office 5 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) +4% On this S day of T6 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appetfred Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Resolution No. 13 —/2• and passed by the City Council, on the _� day of ZA,�un► a 2013, and that Matthew J. Hayek and Marian K. Karr acknowledged the execution said ingffument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. POP SONDRAE FORT Notary Public in and for the State of Iowa Commission Number 158781 My Commission Expires My commission expires: 8/-7/461-5 UNIVERSITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 12 On this 31 day of "W 201-3; before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared David Kieft., to me personally known, and, who, being by me duly sworn, did say that he is the University Business Manager of the University of Iowa, and that he has authority to act and is acting on behalf of the University of Iowa, as provided by the Board of Regents, State of Iowa, and that as such this person did execute the foregoing instrument as the voluntary act and deed of the University of Iowa, for and on behalf of the State of Iowa Board of Regents. R AANN ��RMANN Numbw k� 747131 Notary Public in and for the State of Iowa MY EN*88 My commission expires: U: \PW \STAFF\Kim J \ROW Agreements \Temporary - Fixed \Fiber OpticVohnson County.doc A IVw GN -- -- r- mm mm mm mm mm mm mm mm �- -- -- mm mm mm mm 11��1 X11 1111 �� Legend Water, Non Univ - -- Water, Future -- Water, Aband. Water Univ rcel Lines 1:440 to 1:7032 <all other values> FeaType History Parcel Parcel Lot ROW Boundary r - -may I 1-I // , , V _ �xln�bii' l3 sW Q%*Arbv f a "} FMCI I I Ile 0 r 0 I Uav oo �4 oQ 0 0 00 00D N A 1 inch = 450 feet Date: 1/4/2013 Name: Water WiB University Water Lines a® umv Utb l&V VB IrM rr�l 11 #120 -f of !1= Illlf. i ■�1' -111: �_- .11■ .1111. �! 1% Ni III�..Il.r '�' IIIi 111 Elm illll' 1._ 1111 '1 `�� _ill_ _1111■ HH i- •. ■ %' 3d ca) AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE UNIVERSITY OF IOWA FOR USE OF PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF WATER MAINS IN CONNECTION WITH UNIVERSITY OF IOWA'S POTABLE WATER DISTRIBUTION SYSTEM. SECTION I. DEFINITIONS a. " City shall mean the Ci� of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "License Area" shall mean hat area of public right -of -way depicted # Exhibits A and B, attached hereto and incorporated he ein, and any additional public right -of -w y the Director of Public Works has given the University wri n authorization to place its water mai pursuant to Section 3 herein. c. "Public Improvements" shall can any publicly -owned improv ents on public property, including but not limited to paving, si walks, grass, vegetation, tre , street lights, traffic signals, water mains, sewers, electrical trans ission lines and eq/mainternance ted thereto, cable and telephone lines and equipment related thereto. d. "University" shall mean the Unive ity of Iowa and e equipment owned, operated, leased, or subleased in connection with the operation the University's potable water distribution system, and shall inclu e, but is not later main, service lines, fire hydrants and shut off valves and other relate infrastructure SECTION 2. BASIC GRANT University is hereby granted a license to co stru , maintain, inspect, protect, repair, replace and retain water main facilities (hereinafter "Facilities"),\u9tler, upon, along and across the License Area, subject to the regulatory powers of the City and subject 10 the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTFNSIaN OR EXPANSION OF THE UNIVERSITY FACILITIES The University shall be required too ain wri n authorization and any required permits prior to commencing any extension or expansi n of its Fa ' ities, or any major repair work or the installation of any new Facilities in the Lice/eabove . To apply for said authorization, the University shall file with the Public Works Department of thwritten statem t identifying the portion of the License Area under which or upon which the Unproposes to ext nd, expand, install or repair its Facilities. The statement shall be accompani map, plan or sp ifications showing the proposed location of the Facility components with refer streets and alleys, xisting public utilities, the size and dimensions of all facilities, and the dista or beneath the §urface of the ground proposed for repair or installation. Such proposed Facilities hall not interfere with the re onable and proper use, construction, reconstruction and maint ance of any public improvements, uch as any existing City-owned public utility facility componen or other structure upon or under th public right -of -way. If the proposed location of any Facility i erferes with said public improvements, th Director of Public Works shall, within reasonable time after a filing of such authorization request, note he changes necessary to eliminate the interference and refer the same back to the University for endment. Such map, plan, or specifications, when roperly changed and corrected, shall be filed in t Public Works Department. Any project thus auth ized shall remain subject to the provisions in Se ion 8 herein and shall be in accordance with a approved maps, plans and specifications. No excavation, construction or erection shall be commeKted before the University receives written authorization and all necessary permits unless such action is in response to an emergency as provided for in Section 5. SECTION 4. CONSTRUCTION AND REPAIR OF UNIVERSITY FACILITIES Any excavation or obstruction made or placed in public right -of -way performed the University in exercise of the license rights granted herein shall, to protect the public and assure he safe and efficient movement of traffic, be properly barricaded at a minimum in accordance with r uirements set forth in the Manua/ on Uniform Traffic Control Devices. All pavement taken up or dama ed shall be properly and speedily replaced in accordance with the City' regulations, City's Munici I Design Standards and Standard Construction Specifications, and warran ed for a period of five (5 years. In consideration for the rights granted herein, the University shall, at its own expense, repair ,/are repair to any public utility system component, public improvement or ublic right -of -way da aged during the course of the University exercising the rights granted herein. If the University fails t repair or cause such repair, the City may make such repairs at the expense of th University after pr viding the University's designated representative with thirty days written notice. The University shall y to the City its costs and charges for such work within sixty (60) days after receipt of the City's billin SECTION 5. EXCAVATIONS The University is authorized to make excavations irl repair, replacement, and maintenance of wires, lin+ chilled water lines and steam distribution lines, su' such excavations, the University shall obtain a perm not unnecessarily obstruct the use of streets, aven Works Director with twenty-four (24) hours notice shall comply with all City provisions, requirements three (3) day notice shall be provided to the Public or detour. In emergencies which require imme a work without first applying for or obtaining the rn for and obtain the permit the next business d afl shall not remain open for more than five (5) w rking City wit in the License Area for purposes of routine s or o er system components associated with the ject the conditions contained herein. In making t p suant to City Ordinances and Regulations, shall e ,alleys or public places, shall provide the Public r or to the actual commencement of the work, and d regulations in performing such work. However, rks Director for any work requiring a street closure excavation, the University may proceed with the it provided, however, that the University shall apply commencing such emergency work. Excavations d ys without prior City approval. Failure to Comply; Remedies. If the Univer fails to c mply with the provisions of this Section, the City may repair or restore the disturbed area t a condition s good as the condition of the property prior to the disturbance by the University. TXSTRUCTION iversity shall ay the costs of such repair or restoration. The University shall pay to the City its cod charges for uch work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CO BY AB NG OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, d permit to be laid Ovate mains, service lines, fire hydrants and shut off valves and other related infr structure, and to do, or ermit to be done, any underground and overhead installation of improve ent that may be deemed n cessary or proper by the City in, across, along, over or under any publi right -of -way occupied by th University, and to change any curb or sidewalk or the grade of any st et. In permitting others to do uch work, the City shall not be liable to the University for any damage arising out of the performance o such work by other parties. Nothing in this agreement shall be constr ed to relieve other persons or corp rations from liability for damage to the University's facilities. SECTION 7. UNIVERSITY The requirements of this agreement shall apply to all persons, agents, independent contractors, firms or corporations performing work for the University under a contract, ubcontract, time and materials arrangement or other type of work order. 2 SECTION 8. CONDITIONS OF STREET OCCUPANCY The water mains and other components of the Facilities erected by the University within the City shall conform to established grades of streets, alleys and sidewalks, and be _so located as to cause minimum interference with the rights or reasonable convenience of prope"ners�ho adjoin the License Area. The University shall conduct its work hereunder in suc manner as to cause as little interference as possible with pedestrian and vehicular traffic, and sha abide by sched ling directions, if any, given by the Director of Public Works. The University shall, upon reasonable notice and relocate its Facilities in, on, over or under the Licer require for the purpose of facilitating the construct grade of any public improvement on, in or about facilitating the vacation and /or redevelopment of Ci City. In the event the University fails to act withi University Facilities to be relocated, and the costs provided in Section 5 hereof. Claims for delay of result of University's failure to act within a reasonz In the case of Public Works projects, reasonable ti date of the public hearing. The University shall not place its Facilities in the normal use or maintenance of any public impri sidewalks, traffic control devices, sanitary sewers, transmission lines or any public utility facility. Uni clearance from any public utility, including water The University shall not place identification sign w Upon request, the University agrees to ass' t in system. Such assistance will be provided i a tin after the time of request. As a condition of this as "Iowa One -Call System" and shall respon to all i Call" number. fat its sole cosy and expense, remove, locate and 3e Area in suc manner as the City may at any time in, reconstru ion, maintenance, repair or change in my such p lic right -of -way and for the purpose of r -ow/lic property or public right -of -way by the a re allocated time, the City may cause the ierebe to the University and shall be paid as irk ftractors employed by the City that are a 3)le tll be the responsibility of the University. ne s efined as the six week period from the `ense Area where the same will interfere with the ment, including but not limited to streets, alleys )rm sewers, storm drains or water mains, electrical ity shall maintain a five (5) foot minimum horizontal s, storm sewers, sanitary sewers, and storm drains. n the public right -of -way. sting underground facilities which are part of its manner, but not more than forty-eight (48) hours nent the University shall enroll as a member of the psts and notifications placed to the toll -free "One- Installation, repair, or replacement wory completed by a University or any facilities requiring excavation of City-owned public property or publi right -of -way shal require University to restore and replace surface vegetation with sod and conforma e with City ordi ances and in accordance with standard local practices for placing sod. M411911M :ILLZiLl:101 The University shall notify the Ci when the Facilities are t be abandoned. The University shall remove manholes, handholes, vaults, ov head facilities and equipm nt related hereto, as required in conjunction with other right -of -way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agreement shl be construed to abridge the rig t or power of the City to make further regulations relative to the use of the streets, alleys and public rig t -of -way by anyone using the same for the installation and maintenance of utility systems, including, bu not limited to, fees for use of public right -of -way. Any such further regulations shall apply to University knd to this agreement. 3 SECTION 11. PLANS AND COORDINATION Upon completion of the work, the University shall promptly furnish to the City copie6 of "as- built" plans related to its Facilities located in the License Area. /- / The University shall keep complete and accurate aps and records of the locatio s and operations of its facilities including buried abandoned facilities, in c nection with this agreement. The University shall be considered in default of this ,A reement if the City b comes aware of and confirms that a breach of this agreement is occurring or I occurred, or that e University has violated the relevant codes or ordinances regulating the University operation of its cilities or use of public right -of- way (hereinafter referred to as a "default "). In the ev nt of such defa It, the City may take appropriate steps to require the University cure the default. The City shall give written notice to the University o the defaul , and the University shall cure such default within thirty (30) calendar days after receipt of uch noti ; provided, however, where any such default cannot reasonably be cured within such thi (30) d period, the University shall proceed promptly to cure the same and prosecute such cure ith du diligence and the time for curing such default shall reasonably be extended for such period of ti a as ay be necessary to complete such cure. If the City determines that the default creates an imme is danger to public health, safety or welfare and requires immediate action, the City may provide wr n notice of said determination to University and immediately remedy the default by doing the act itsel , or through a contractor, and charge the costs of such work to the University. If the University fails to cure a default within the time seek specific performance; or ii. remedy the default by doing the act ytself, or such work to the University; or / iii. seek damages of such default; or iv. any combination of (i), (ii) and SECTION 13. LIABILITY, INDEMNIFICATIgfN AND INSURANCE The University agrees to be responsible for any and all dar omissions in exercising the rights gra ted herein. The L subcontractors engaged in work for th University within the during the term of their work and to ovide the City with ce SECTION 14. SEVERABILITY the City shall have the right to: a contractor, and charge the costs of arising directly from negligent acts or ty agrees to require contractors and e Area to maintain insurance coverage !s of insurance satisfactory to City. In the event a court of competen jurisdiction shall adjudge any o 's illegal, or direct a change by th Lseverable University in any matter or thiprng illegality or change shall be deer and shall in no way a agreement or their validity or le ality and this agreement in all other r and effect as if said provision r provisions had not been so adjudged had not been directed. At the City's option, and upon a court's ruling may cause this agreement to be terminated. 4 ion or provisions hereof invalid or herein contained, such invalidity, the remaining provisions of this pects shall continue in full force i valid or illegal, or such change o invalidity or illegality, the City SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prjorwritten consent of the other party. SECTION 16. TERMINATION OF AGRErEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreem nt at any time upon hirty (30) days notice provided to University if the City determines that the prope or public right -of -w y is needed for a public purpose and should be cleared of any and all obstructions. hen not in confli with other City purpose, need or use, as long as the University exercises the rights g ted to it hereu er, the City will not, by ordinance or otherwise, vacate any street, alley or public righ of -way in whic the University has installed its Facilities without reserving such rights as necessary to allow continu d use of such property for the said Facilities in accordance with the terms of this agre ent, provi ed that nothing herein shall limit the City's right to require the University to relocate its Facil ies as pro ided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided her in, delivered via certified mail and addressed as of If to City: Public /hn Di or City of I 410 E. Weis 1 Iowa Ci2 If to University: Universss Univers305 PCIowa Ci 242 notices hereunder shall be in writing and shall be unless indicated otherwise in the future: Provided, however, that in casY,, an emergency, tices may be given verbally to the above -named persons. In such case, written irmation should b provided. Nothing contained herein shall prevent other forms of notice if actually eived by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or othe, on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Attest: City Clerk in the Johnson County Reorder's Office, at University expense. , 2013. •• . -. . City • - Office 'ANNE A UNIVERSITY OF IOWA By: David Kieft University Business Manager CITY OF IOWA CITY STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of . 201' State of Iowa, personally appeared Matt who, being by me duly sworn, did say that corporation executing the within and foreg municipal corporation; that said instrum authority of its City Council, as contained i on the day of acknowledged the execution said instrumei deed of said corporation, by it and by them STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of in and for said County, in said who, being by me duly sworn, Iowa, and that he has authority the Board of Regents, State of as the voluntary act and deed o' Regents. U before me, the dersigned, a Notary Public in and for the v J. Hayek and M rian K. Karr, to me personally known, and, iey are the Mayo and City Clerk, respectively, of said municipal ing instrument; hat the seal affixed thereto is the seal of said it was signed and sealed on behalf of said corporation by Resolutio/executed. and passed by the City Council, 2013, that Matthew J. Hayek and Marian K. Karr IIt to be tluntary act and deed and the voluntary act and koluntarily ry Public in and for the State of Iowa My commission expires: 1S�1�L�IR1>�1�� 2013, before me, the undersigned, a Notary Public te, personally ppeared David Kieft., to me personally known, and, 'd say that he is he University Business Manager of the University of :o act and is actin on behalf of the University of Iowa, as provided by Ewa, and that as s h this person did execute the foregoing instrument the University of Io a, for and on behalf of the State of Iowa Board of Notary Rublic in and for the State of Iowa My comnAssion expires: U: \PW \STAFF \Kim J \RqW Agreements \Temporary - Fixed \Flper Optic \Johnson County.doc 0 Attachments A & B to be provided prior to CouncilAction on January Ath (referred to in Section I, b) ��- CITY OF MEMORANDUM IOWA CITY —ara�r 3d(12) Date: January 3, 2013 To: Tom Markus, City Manager From: Shannon McMahon, Communications Coordinator Re: Elimination of Electronic Communications Specialist position and creation of Digital Communications Specialist position Introduction: Throughout the past six months, the City's Communications Office has transitioned from an internal communications and document support division (Document Services) to a division that is more keenly focused on external communications and marketing efforts (public outreach, media relations, expanded use of social media, promotion of City programs and events, and increased citizen interaction), improved customer service, and enhanced internal communications. The communications team is made up of five staff members, including a Communications Coordinator, a Communications Assistant, an Electronic Communications Specialist, and two part-time Communications Aides who provide customer service at the front lobby information desk. It has been an extremely busy six months, but we are making great strides toward meeting the goals that have been set to improve and strengthen the City's communications efforts, both with the public and within the organization. One of our key communication tools is the City's website, which was custom - designed and developed in -house by our Electronic Communications Specialist, who left in November for a job in the private sector. Since that time, other Communications staff members have been handling web - related requests. With the departure of our Electronic Communications Specialist, we have had the opportunity to take stock of our current communications tools and explore new avenues to meet the City's communications needs while utilizing our resources in the most efficient and effective way possible. After this review of our resources and researching current trends in digital technology, I am recommending that we eliminate the Electronic Communications Specialist position and replace it with a reclassified Digital Communications Specialist. This change of title better reflects current standards in the industry and will help us target the appropriate pool of candidates to fill our needs. This change of responsibilities will allow us to move beyond the boundaries of a website- focused position and take a more broad - based approach to our communications efforts through expanded use of technology and social media tools. This position would support staff with newer alternatives for communicating with our citizens, and help develop new opportunities for engaging with and seeking feedback from our residents. History /Background: The City's website was developed several years ago by the City's Web Developer and maintained internally within the Information Technology Services division of the Finance Department. Last July, the responsibilities of the website were transferred to the Communications Office, which is overseen by the City Manager's Office, and all web - related functions continued to be carried out by the Electronic Communications Specialist. With the growing importance of online communication tools and the effectiveness of the web in providing citizens with quick information and interactive options, it is necessary to refocus our efforts on a more user - friendly and efficient website that can be easily maintained by City staff within their own departments and provide citizens with quick access and answers to their January 3, 2013 Page 2 questions. With this goal in mind, we intend to seek private services for our web redesign and content management system, thus the level of technological expertise required by our previous Electronic Communications Specialist (former Web Developer) will no longer be needed; however, a Digital Communications Specialist would fill this role more effectively and help expand the use of other digital communication tools. Discussion of Solutions: As technology grows, large segments of our population are utilizing new digital communications tools to access information, and the technology is constantly changing. The job vacancy in our office creates an advantageous time to determine our future needs, and to take steps to broaden the City's communication efforts and make greater use of digital media opportunities that are available: social media, mobile device applications, crowd sourcing software, and more. The addition of a Digital Communications Specialist to the Communications Office will help move us forward in terms of improving our communications, customer service, and outreach with citizens of all ages and technological abilities, and will be a key figure in helping us plan our communications strategies so that all segments of our population are served. Financial Impact: The recommended replacement of the Electronic Communications Specialist with a Digital Communications Specialist will have some financial impact on the organization. The position change will not result in a cut in total employment levels, but will eliminate one position and create a new one, which will be introduced at a lower pay grade. The current Electronic Communications Specialist paygrade is level 27, with a $50,814.40 to $75,982.40 salary range. We are requesting lowering the paygrade to level 24, with a salary range from $40,060.80 to $58,073.60. Recommendation: Effective immediately, I am recommending the elimination of the Electronic Communications Specialist position of the Communications Office. Also to be effective immediately, I am recommending that the position of Electronic Communications Specialist be replaced with the Digital Communications Specialist position. 1. Electronic Communications Specialist (paygrade level 27) position to Digital Communications Specialist (paygrade level 24) CommunicationsOffice/ DigitalCommunicationSpecialistPosition Aly Prepared by: Shannon McMahon, Communications Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5058 RESOLUTION NO. 13 -13 CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY MANAGER'S OFFICE AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY PLAN BY ELIMINATING THE ELECTRONIC COMMUNICATIONS SPECIALIST POSITION AT PAYGRADE LEVEL 27 AND ADDING A DIGITAL COMMUNICATIONS SPECIALIST POSITION AT PAYGRADE LEVEL 24 WHEREAS, Resolution No. 12 -189, adopted by the City Council on April 17, 2012, authorized the budgeted Electronic Communications position for FY13 and amended the Administrative and Confidential pay plan to add the Electronic Communications position to grade 27; and WHEREAS, an established priority of the Iowa City strategic plan is to focus on coordinated communication and customer service orientation; and WHEREAS, a reclassification of the budgeted positions in the City Manager's Office will help achieve the stated goals in the City's strategic plan; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The authorized budgeted positions in the City Manager's Communications Office be amended by eliminating one Electronic Communications Specialist at paygrade level 27. 2. The authorized budgeted positions in the City Manager's Communications Office be amended by adding one Digital Communications Specialist at paygrade level 24. 3. The Administrative and Confidential pay plan be amended by deleting the position of Electronic Communications Specialist, grade 27 and adding the position of Digital Communications Specialist, grade 24. Passed and approved this 8th day of January , 20 13 ATTEST: CITY CtERK Approved by City Attorney's Office 3d(a) Resolution No. 13 -13 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x Communications/ res/ DigitalCommunicationsSpecialist. doc 1/13 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton -4 CITY OF IOWA CITY 3e(1 ) _ �I M EMORANDUM DATE: December 27, 2012 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer re: Landfill FY09 Cell Reconstruction Project January 8, January 22 and February 19. Introduction: The City of Iowa City owns and operates the Iowa City Landfill and Recycling Center. During the summer of 2012 a fire destroyed almost 2/3 of the recently opened FY09 landfill cell. The Landfill FY09 Cell Reconstruction Project is the final step to re -open the area damaged by the fire. History/Background: The fire damage was assessed to understand the extent of the damages so repairs could be made. The entire cell area was damaged, but the majority of the damages occurred in the leachate collection trench along the west edge of the FY09 cell. The damaged area was cleaned up so reconstruction could begin in 2013. Discussion of Solution: The FY09 Cell Reconstruction Project has been designed and is ready to be constructed. Tire derived aggregate (TDA) is still a part of the leachate collection system, but fire risk is controlled by using a thinner layer of TDA that will include stone aggregate separation lanes. In addition, the TDA will not be left exposed. It will be covered by the first layer of refuse as a part of the construction project. The refuse used for cover will have been stored on site to assure it does not include any hot materials. Financial Impact: The total estimated cost of construction is $1,670,000. Funding will be provided by landfill revenues. Recommendation: Staff recommends proceeding with the project at the next city council meetings. January 8 - Set Public Hearing January 22 - Hold Public Hearing February 19 - Award Project cc: Rick Fosse, Public Works Director Daniel Scott, Project Engineer Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5144 RESOLUTION NO. 13 -14 RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 22, 2013, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL FY09 CELL RECONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Landfill FY09 Cell Reconstruction account # 3321 - 550900. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 22nd day of January, 2013, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, 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 8th day of January _,20 13 u: •. ATTEST: e. `7e� CITY CLERK pwengUnasters\setph.doc 1/11 Approved by City Attorney's Office :- /13 //C;L Resolution No. 13 -14 Page 2 It was moved by Champion . and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton UP) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -15 RESOLUTION SETTING PUBLIC HEARING FOR JANUARY 22, 2013, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 828 EAST MARKET STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 828 East Market Street, Iowa City; and WHEREAS, the City has received an offer to purchase 828 East Market Street for the principal sum of $105,000 (the amount the City paid to acquire the home), plus the "carrying costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $40,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 828 East Market Street, Iowa City, Iowa, also known as the West 40 feet of the South 70 feet of Lot 8, Block 6, for the sum of $105,000, plus the "carrying costs ". 2. A public hearing on said proposal should be and is hereby set for January 22, 2013, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 13 -15 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns _ x Hayek x Mims x Payne x Throgmorton Passed and approved this 8th day of January , 2013. L�, 7-1► P-2 ATTEST: CITY-CLERK Approved by City Attorney's Office OC Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE DOWNTOWN AND RIVERFRONT CROSSINGS PLAN. WHEREAS, the Iowa City Comprehensive Plan serves as a land use and planning policy guide setting forth a vision, goals and objectives for future development or redevelopment throughout the city, and policies for preserving valuable assets already present within established neighborhoods and provides notification to the public regarding intended uses of land; and WHEREAS, the goals and objectives included in the Downtown and Riverfront Crossings Plan were developed with significant public input gathered through a series of public workshops and focus group sessions that took place over the course of several months; and WHEREAS, the Downtown and Riverfront Crossings Plan establishes a set of planning principles, goals and objectives, and plan maps that relate specifically to the history and existing conditions of the area and establishes a vision for the future of the neighborhoods and commercial areas within the core of the city; and WHEREAS, the Downtown and Riverfront Crossings Plan will serve as a framework to guide future public and private investment in a manner that will benefit citizens living or working in the core of the city as well as citizens in Iowa City as a whole; and WHEREAS, the Planning and Zoning Commission has reviewed the Downtown and Riverfront Crossings District Plan and has recommended that it be included as an integral part of the Iowa City Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Comprehensive Plan is hereby amended to include the Downtown and Riverfront Crossings Plan. Passed and approved this day of , 2013. ATTEST: City Clerk Mayor App ved by: City Attorneys Office A4 P3 6 Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 13 -16 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH HICKORY HILL PARK SAFE ROOM PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Hickory Hill Park Restrooms account # 4136. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 14th day of February, 2013. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 19th day of February, 2013, or at a special meeting called for that purpose. Passed and approved this 8th day of January , 20 13 ATTEST: ICJ CITY tLERK 44az__ ,. MAYOR Approved by City Attorney's Office t Z,(71j2l SAENMIDW ResolutionsTroject Resolutions\Accept Plans & Specs\Approve Plans & Specs- South Hickory Hill Park Safe Room Project 0108 13.doc 12/12 Resolution No. 13 -16 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Tbrogmorton