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HomeMy WebLinkAbout1994 Resolution BookRESOLUTIONS BOOK #111 94-1 to 94-1Z PAGE RES. NO. TITLE DATE 1 94-1 Resolution to issue Dancing Permit. 1/4/94 2 94-2 Resolution setting a public hearing on plans, specifications, form of contract, and estimate of cost for the construction of the 1994 Sanitary and Storm Sewer Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to plat said plans of file for Public Inspection. 3 94-3 Resolution setting a public hearingon plans, specs., form of contract, and estimate of cost for the con- struction of the Whispering Meadows Wetland Park Pro- ject, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans 4 94-4 Resolution approving final plat of Whispering Meadows, Part 2. 5 94-5 Resolution determining necessity and setting a Public Hearing for February 15, 1994, on a proposed near South- side Commercial Urban Revitalization Plan for a proposes Urban Revitalization Area in the City of Iowa City, Ia. 6 94-6 Resolution authorizing the City Manager to file an amended community development block grant(CDBG) Pro- gram Statement for the use of $1,055,000 dollars of supplemental CDBG funds appropriated under public law 103-75, including all understandings and assurances contained therein, and designating the City Manager as the authorized Chief Executive Officer for the grant. 7 94-7 Resolution waiving demand that Cablevision VII, Inc. submit a formal franchise renewal proposal to the City of Iowa City by December 27, 1993. 8 94-8 Resolution amending the budgeted positions in the [dater Division of the Public Works Department and the AFSCME Pay Plan. 9 94-9 Resolution authorizing execution of an addendum 1/6/t to the preconstruction agreement for the Iowa Highway 6 Paving Improvement Project from Rocky Shore Drive to First Avenue with the Iowa Department of Transportation and the City of Coralville. 10 94-10 Resolution authorizing execution of a Chapter 28E Agree- ment between the City of Coralville and the City of Iowa City regarding certain financial obligations in- volving the reconstruction of U.S. Highway 6 from First Avenue in Coralville easterly to Rocky Shore Drive in Iowa City. 11 94-11 Resolution to issue Dancing Permit. 1/18/9 12 94-12 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien regarding a rental rehabilitation loan executed for property located at 314 South Governor Street, Iowa City, Ia. BOOK#111 94-13 to 94-26 PAGE RES. NO. TITLE DATE 13 94-13 Resolution authorizing the Mayor to sign and the Cit}464 Clerk to attest a subordination agreement between the City of Iowa City and Hills Bank and Trust Company Betterment Account(CEBA)Funds to assist Moore Business Forms` for property located at 1531 Plum Street, Iowa City,Ia. 14 94-14 Resolution authorizing the Mayor to sign and the City Clerk to attest a subordination agreement between the $100,000 loan. City of Iowa City and Iowa State Bank -and Trust Com- 94-19 pany for property located at 435 Oakland Avenue, I.C.,Ia 15 94-15 Resolution authorizing the Mayor to sign and the City of cost for the construction of the 1994 Sanitary and Storm Sewer Clerk to attest the release of an agreement for water main extension for Rochester Heights Subdivision. 16 94-16 Resolution accepting the work for the South Sycamore Sanitary Trunk Sewer Project. 17 94-17 Resolution establishing fee for Commercial Pesticide 1/18/9 Application Registry. 18 94-18 Resolution authorizing application for grant monies from the Iowa Department of Economic Development for Community Economic Betterment Account(CEBA)Funds to assist Moore Business Forms` Expansion and authorizing, City participation in the form of a $100,000 loan. 19 94-19 Resolution approving plans,specs.,form of contract, and estimate of cost for the construction of the 1994 Sanitary and Storm Sewer 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. 20 94-20 Resolution approving plans,specs.,form of contract,and estimate of cost for the construction of the Whispering Meadows Wetland Park 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. 21 94-21 Resolution repealing Resolution No. 78-9 of the City Council of the City of Iowa City and approving a new resolution setting forth rules of order for the conduct of Formal Council meetings. 22 94-22 Resolution rescinding Resolution No. 93-335 approving a Chapter 28E Agreement with Johnson County, Iowa concerning certain road maintenance resopnsibilities, as not fully executed. 23 94-23 Resolution approving a Chapter 28E Agreement between Johnson County,Iowa, and the City of Iowa City for certain road maintenance purposes. 24 94-24 Resolution authorizing the City Manager to submit an application for an Economic Development Administration Special Disaster Re- covery Grant for the purpose of funding a project to elevate North Dubuque Street. 25 94-25 Resolution to issue Dancing Permit. 2/1/94 26 94-26 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien regarding a promissory note and a mortgage for property located at 919 North Gilbert St., Iowa City, Iowa. RESOLUTIONS BOOK #111 94-27 to 94-42 PAGE RES. NO. TITLE _DATE 27 94-2 7 Resolution approving the preliminary plat of Dean Oakes Fourth Addition, Iowa City, Iowa. 28 94-28 Resolution approving final plat of Wild Prairie Estates, Part 1, Iowa City, Iowa. 29 94-29 Resolution approving final plat of Wild Prairie Estates, Part 2, Iowa City, Iowa. 30 94-30 Resolution setting fees and charges with respect to the admin- istration of regulations of Pedicabs and Taxicabs, and rescind- ing prior Resolution No. 92-227. 31 94-31 Resolution authorizing execution of a supplemental contract with L.L. Pelling Co, of Iowa City, Iowa for the Jefferson St. Improvements, Part of the 1993 Asphalt Resurfacing Project. 32 94-32 Resolution accepting the work for the 1993 Asphalt Resurfacing Project, with the exception of Jefferson Street improvements deleted therefrom and included in a supplemental contract. 33 94-33 Resolution authorizing execution of an agreement for the Rohret Road Pedestrian Bridges Project with the Iowa Department of Trans- portation. 34 94-34 Resolution authorizing the execution of an easement agreement for temporary use of public right-of-way between the City of Iowa City and the University of Iowa for portions of Riverside Drive, Iowa Avenue Bridge, Iowa Avenue, Washington Street, and Madison Street in Iowa City, Iowa. 35 94-35 Resolution of intent to convey a portion of City property in ex- change for a portion of private property now owned by Gary L. Gaines. _ 36 94-36 Resolution of intent to convey vacted portions of the north- 2/1/94 ern half of Lafayette Street and the eastern half of Maiden Lane. 37 94-37 Resolution rescinding Resolution No. 83-17 of the City Council of the City of Iowa City. 38 94-38 Resolution approving the East Central Iowa Council of Govern- ments Regional Comprehensive Solid Waste Management Plan. 2/15/9 39 94-39 Resolution setting a public hearing on plans, specs., form of contract and estimate of cost for the construction of the Riverside Drive River Trail Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 40 94-40 Resolution setting two public hearings to discuss the proposed oper- ating budget for the Fiscal Year July 1, 1994, through June 30, 1995, the proposed three-year financial plan, and also the seven-year Cap- ital Improvements Program. 41 94-41 Resolution adopting Supplement Number 62 to the Code of Ordinances of the City of Iowa City, Iowa. 42 94-42 Resolution approving, the voluntary annexation of an approximate 422 acre tract of land known as Sycamore Farms, located South of Hwy 6 and the Southern Corporate Limits. RESOLUTIONS BOOK 11111 94-43 to 94-58 PAGE RES. NO. TITLE DATE 43 94-43 ai Resolution approving the preliminary plat of a resubdivision of Lot/5y and a portion of Lots 4 and 6 of a resubdivision of a part of Lot 4 of Ohls Subdivision, Iowa City, Iowa. 44 94-44 Resolution authorizing conveyance of a portion of City property in exchange for a portion of Drivate property now owned by Gary L. Gaines 45 94-45 Resollution authorizing conveyance of vacated portions of the Northern half of Lafayette Street and the Eastern half of Maiden Lane to Ken- nedy Plaza, Inc. 46 94-46 Resolution authorizing the City Manager to purchase the property at 1109 Fifth Avenue for the provision of affordable housing to a Low/ Moderate income household. 47 94-47 Resolution authorizing the City of Iowa City to establish a policy regarding public hearings for transit fare and service changes for Iowa City Transit. 48 94-48 Resolution authorizing the Mayor to sign and the City Clerk to attest an agreement with Shive-Hattery Engineers and Architects, Inc., for engineering services for design of the Iowa River Corridor Trail from Burlington Street to Highway 6. 49 94-49 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the 1994 Sanitary and Storm Sewer Project. 50 94-50 Resolution awarding contracts for Park Development Construction of the Whispering Meadows Wetland Park Project. 51 94-51 Resolution authorizing City Staff to begin negoations for the purchase of property lying between Waterfront Drive and the Crandic Railroad right-of-way for the future extension of Southgate Avenue. 52 94-52 Resolution amending the Confidential/Administrative and Executive Classification/Compensation Plan. 53 94-53 Resolution certifying unpaid mowing and property cleanup charges and unpaid snow and ice removal charges to Johnson County for collection in the same manner as a pronerty tax. 54 94-54 Resolution certifying unpaid water,sanitary sewer and solid waste charges to Johnson County for collection in the same manner as a property tax. 55 94-55 Resolution tolling the effective date of proposed cable rates (FCC Form 393). 56 94-56 Resolution accepting the work for the Sanitary Sewer and 3/1/94 Water Main Improvements for Court Hill Condominiums. 57 94-57 Resolution authorizing the "ayor to sign and the City Clerk to attest the release of a lien for property located at 524 Ronalds Street, Iowa City, Iowa. 58 94-58 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien for property located at 402 South Linn Street, Iowa City, Iowa. PAGE RESOLUTIONS BOOK #111 94-59 to 94-73 RES. NO. TITLE nATR -- 59 94-59 Resolution approving plans, specs., form of contract, and esti- +19+mate of cost for the construction of the Riverside Drive River Trail Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fix- ing time and place for receipt of bids. 60 94-60 Resolution authorizing execution of an agreement between the City of Iowa City and the Iowa Department of Transportation for Traf- fic Safety Improvement Projects along Burlington Street. 61 94-61 Resolution ratifying settlement of pending litigation. 62 94-62 Resolution approving the purchase of laboratory equipment and amending the budgeted positions in the Wastewater Treatment Division of the Public Works Department. 63 94-63 Resolution amending the budgeted positions in the Police Records Division of the Police Department. 64 94-64 Resolution setting a public hearing on plans,specs.,form of con- 3/8/5 tract, and estimate of cost for the construction of the Iowa City Senior Center Exterior Repairs Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 65 94-65 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien regarding a promissory note and a mortgage for property located at 1703 G Street, Iowa City, Iowa. 66 94-66 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of lien regarding two promissor notes executed for property located 502 Third Avenue, Iowa City, �owa. 67 94-67 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a drainageway and stormwater storage easement located on Lot 44, First and Rochester, Part 1,"Iowa City, Iowa and to execute new drainageway and stormwater storage area and new storm sewer and drainage easements for that property. 68 94-68 Resolution fixing date for a meeting on the proposition of the issuance of $6,940,000 General Obligation Bonds(for an essential corporate purpose)of Iowa City, Iowa, and providing for publi- cation of notice thereof. 69 94-69 Resolution adopting the annual budget for the Fiscal Year Ending June 30, 1995. 70 94-70 Resolution approving the financial plan for the City of Iowa City, Iowa, for Fiscal Years 1995 through 1997 and the Seven Year Capital Improvements Program. 71 94-71 Resolution amending the budgeted positions in the Water Division of the Public Works Department. 72 94-72 Resolution to issue Cigarette Permits. 3/29/94 73 94-73 Resolution setting a public hearing on plans,specs., form of contract, and estimate of cost for the construction of the Rohret Road Pedestrian Bridges Project, directing City Clerk to publis notice of said hearing and directing the City Engineer to place said plans on file for public inspection. RESOLUTIONS BOOK 11111 94-74 to 94-88 PAGE RES. NO. TITLE DATE 74 94-74 Resolution setting a public hearing on plans, specs., form of con -PFA tract, and estimate of cost for the construction of the Landfill Leachate. Control System Project, directing the City Clerk to pub- lish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 75 94-75 Resolution setting a public hearing on plans, specs., 3/29/94 form of contract, and estimate of cost for the construc- tion of the primary road system project no. STP-6-7(42)-- 2C-52(Highway 6 West), directing the City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 76 94-76 Resolution adopting Supplement Number 63 to the Code of Ord- inances of the City of Iowa City, Iowa. 77 94-77 Resolution temporarily rescinding portions of the 8-5,Mon- day through Friday Parking prohibition on the South side of Glendale Road and on the South and West sides of Morning- side Drive. 78 94-78 Resolution approving the preliminary plat of Walnut Ridge, Parts 5-9, Iowa City, Iowa. 79 94-79 Resolution approving final plat of Walnut Ridge Part 5, Iowa City, Iowa. 80 94-80 Resolution approving the preliminary plat of Scott's Fourth Addition, Johnson County, Iowa. 81 94-81 Resolution approving plans,specs.,form of contract,and estimate of cost for the construction of the Iowa City Senior Center Exterior Repairs 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. 82 94-82 Resolution authorizing the filing of a request with the Iowa Department of Transportation for FY95 Iowa DOT State Transit Assistance. 83 94-83 Resolution instituting proceedings to take additional action for the issuance of $6,940,000 General Obligation Bonds. 84 94-84 Resolution authorizing and providing for the issunace of $7,370, 000 General Obligation Bonds and levying a tax to pay said bond: 85 94-85 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Riverside Drive Trail Project. 86 94-86 Resolution authorizing the Mayor to sign and the City Clerk to attest an.agreement with BRW, Inc, of Minneapolis, Minn- esota for Environmental Assessment and Alternatives Analysis Services. 87 94-87 Resolution approving an agreement to amend the contract for consulting services with Rice, Williams Associates. 88 94-88 Resolution rescinding Resolution84-182 establishing a fee schedule for the use of public right-of-way for sidewalk cafes, and establishing a new fee srhad„to fn, �tdo..,�tt rafoc 92 94-92 Resolution adopting Supplement Number 64 to the Code of Ord- inances of the City of Iowa City, Iowa. 93 RESOLUTIONS BOOK #111 94-89 to 94-10: PAGE RES. NO. TITLE DATE, City, Iowa, and First National Bank for property located at 3t9T 89 94-89 Resolution rescinding Resolution No. 94-17 which established a attest the release of a lien regarding a promissory note ex- fee for commercial pesticide application registry. 90 94-90 Resolution to issue Dancing Permit. 4/12/94 91 94-91 Resolution setting a public hearing on plans,specs., for property -located at 1421 East Davenport Street. form of contract, and estimate of cost for the construction 94-96 Resolution approving the FY95,96,97,98 and 99 Official Report of the Civic Center West Police Department Lower Level Remodelin Project, Directing City Clerk to publish notice of said hearing, 94-97 Resolution approving final plat of Mount Prospect Addition and directing the City Engineer to place said plans on file for Part 7, Iowa City, Iowa. 98 public inspection. Resolution approving plans, specs., form of contract, and 92 94-92 Resolution adopting Supplement Number 64 to the Code of Ord- inances of the City of Iowa City, Iowa. 93 94-93 Resolution authorizing the Mayor to sign and the City Clerk to attest a subordination agreement between the City of Iowa City, Iowa, and First National Bank for property located at 431 North Van Buren Street, Iowa City, Iowa. 94 94-94 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien regarding a promissory note ex- ecuted for property located at 427 Clark Street, Iowa City,Ia. 95 94-95 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a Rehabilitation Agreement and Mortgage for property -located at 1421 East Davenport Street. 96 94-96 Resolution approving the FY95,96,97,98 and 99 Official Report of Municipalities for the Street Construction Program from July 1, 1994, to June 30, 1999. 97 94-97 Resolution approving final plat of Mount Prospect Addition Part 7, Iowa City, Iowa. 98 94-98 Resolution approving plans, specs., form of contract, and estimate of cost for the construction of the Rohret Road. Pedstrian Bridges Project, STP -U-3715(1)--70-52, and direct- ing City Clerk to publish notice to bidders. 99 94-99 'Resolution approving plans, specs.,form of contract, and estimate of cost for the construction of the Primary Road System Project No. NHS-6-7(41)--19-52(Revised) and direct- ing City Clerk to publish notice to bidders. 100 94-100 Resolution approving plans,specs.,form of contract,and esti- mate of cost for the construction of the Landfill Leachate Control System 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. 101 94-101 Resolution authorizing the City Manager to purchase the prop- erty described as the Southwest Quarter(SW14) of Section 14, Township 79 North, Range 7 West of the 5th P.M. 102 94-102 Resolution authorizing the acquistion of right-of-way,perm- anent easements and temporary construction easements for the construction of the Rohret Road Reconstruction Project. RESOLUTIONS 94-112 BOOK 11111 94-103 to 94-117 PAGE RES. NO. TITLE DATE 113 103 94-103 Resolution approving, authorizing and directing the 4/12/94 City Senior Center Exterior Repairs Project. Mayor to execute and the City Clerk to attest an 94-114 Resolution setting a public hearing on plans, specs., form of agreement by and between the City of Iowa City and contract, and estimate of cost for the construction of the Shive-Hattery Engineers and Architects,Inc. to pro- Iowa City Senior Center Exterior Repairs Project, directing vide engineering consultant services for the Iowa City City Clerk to publish notice of said hearing, and directing Sanitary Landfull. 104 94-104 Resolution establishing a revised schedule of fees and spection. charges for Parks and Recreation Services and Programs. 105 94-105 Resolution authorizing execution of an agreement with to attest the release of a lien for property located at 2119 Davenport Sod of Davenport, Iowa, for providing and East Court Street, Iowa City, Iowa. installing sod on the Youth Baseball Fields in City Park. 106 94-106 Resolution directing sale of $7,370,000 Corporate Purpose to attest the release of financing statements for property General Obligation Bonds. 107 94-107 Resolution amending the budgeted positions in the Finance Dept. 108 94-108 Resolution to issue Dancing Permit. 4/26/94 109 94-109 Resolution setting public hearing on adoption of proposed 91412 North Dodge Street, Iowa City, Iowa. Code of Ordinances for Iowa City, Iowa. 110 94-110 Resolution setting public hearing on amending the FY94 Opera- ting Budget. 111 94-111 Resolution setting a public hearing on plans,specs., for of contract, and estimate of cost for the construction of the 1994 Maintenance and Repair Project- Capitol and Dubuque St. Parking Ramps, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 112 94-112 Resolution accepting the work for certain storm sewer im- provements for Kennedy Plaza. 113 94-113 Resolution rejecting bids for the construction of the Iowa City Senior Center Exterior Repairs Project. 114 94-114 Resolution setting a public hearing on plans, specs., form of contract, and estimate of cost for the construction of the Iowa City Senior Center Exterior Repairs Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public in- spection. 115 94-115 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien for property located at 2119 East Court Street, Iowa City, Iowa. 116 94-116 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of financing statements for property located at 314 South Governor Street, Iowa City, Iowa. 117 94-117 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien for property located at 914- 91412 North Dodge Street, Iowa City, Iowa. RESOLUTIONS BOOK #111 94-118 to 94-129 PAGE RES. NO. TITLE DATE 118 94-118 Resolution authorizing the Mayor to sign and the City 4/26/92 Clerk to attest Easement Agreements for Kennedy Plaza. 119 94-119 Resolution authorizing the Mayor to sign and the City Clerk to attest a public walkway easement for Lots 9 & 10 West Side Park. 120 94-120 Resolution approving plans, specs.,form of contract,and estimate of cost for the construction of the Civic Center West Police Department Lower Level Remodeling Project,es- tablishing 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. 121 94-121 Resolution amending resolution authorizing and providing for the issuance of $7,370,000 General Obligation Bonds and levy- ing a tax to pay said bonds passed and approved March 29,1994. 122 94-122 Resolution authorizing the Mayor and City Clerk to execute an agreement with Shive-Hattery Engineers and Architects of Iowa City,Iowa,for construction administration and in- spection services. 123 94-123 Resolution authorizing the filing of a Community Development Block Grant Program Statement for 1994 under the Housing and Community Development Act of 1974, as amended, including all understandings and assurances contained therein and designat- ing the City Manager as the authorized Chief Executive Officer for the grant. 124 94-124 Resolution authorizing the filing of a Home Investment Part- nerships(HOME)program description for 1994 under Title II of the National Affordable Housing Act of 1990 as amended, in- cluding all understandings and assurances contained therein and designating the City Manager as the authorized Chief Ex- ecutive Officer for the grant. 125 94-125 Resolution authorizing abandoned bicycle sale to be held on May 14, 1994. 126 94-126 Resolution establishing fees for services and activities of the Building Inspection Division of the Department of Housing and Inspection Services. 127 94-127 Resolution authorizing application for 20 units of Section 8 Set=Aside Vouchers for Homeless Disabled Persons. 128 94-128 Resolution setting a public hearing on plans, specs., form 5/13/ of contract, and estimate of cost for the construction of the Iowa Avenue Senior Center Parking Lot Retaining Wall and Rail Improvement Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 129 94-129 Resolution of compliance with Section 403A.5, Code of Iowa, in conjunction with applications for Section 8 Units. RESOLUTIONS BOOK X1111 94-130 to 94-142 PAGE RES. NO. TITLE DATE 130 94-130 Resolution approving the Public Housing Management Ass- 5/10/94 essment Program(PHMAP)Improvement Plan of the Iowa City Housing Authority. 131 94-131 Resolution accepting the work for the Sanitary Sewer, Storm Sewer, Water Main and Paving Improvements for Walden Wood, Part 5. 132 94-132 Resolution authorizing the filing of a request with the Iowa Department of transportation for FY95 Iowa DOT State Transit Assisstance. 133 94-133 Resolution approving the preliminary plat of Longfellow Manor, Iowa City, Iowa. 134 94-134 Resolution approving final plat of a resubdivision of Lot 5, and a portion of Lots 4 and 6 of a resubdivision of a Part of Lot 4 of Ohlc Subdivision, Iowa City, Iowa. 135 94-135 Resolution approving plans, spres., form of contract, and estimate of cost for the construction of the 1994 Maintenance and Repair Project - Capitol and Dubuque Street Parking Ramps, establishing amount of bid security to accompany each bid, directing City Clerk to pub lish advertisement for bids, and fixing time and place for receipt of bids. 136 94-136 Resolution approving plans, specs., form of contract, and estimate of cost for the construction of the Iowa City Sr. Center Exterior Repairs 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. 137 94-137 Resolution amending the current budget for the fiscal year end- ing June 30, 1994. 138 94-138 Resolution of endorsement for the Centerspace concept and for the reservation of urban renewal parcel64-1(A). 139 94-139 Resolution accepting the design outline for wastewater treat- ment and Collection Facility Improvements as prepared by Stan- ley Consultants, Inc., and authorizing its submission to the Iowa Department of Natural Resources as the City's Plan of action for compliance with new and more stringent wastewater effluent limits. 140 94-140 Resolution authorizing the Mayor to sign and the City Clerk to attest an amendment to the agreement between Stanley Consul- tants, Inc., of Muscatine, Iowa, and the City of Iowa City to provide consulting services for improvements to the wastewater treatment and collection facilities. 141 94-141 Resolution authorizing execution of an amendment to an agree- ment between the City of Iowa City, and N.N.W., Inc., regarding the Woolf Avenue Bridge Replacement Project. 142 94-142 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Land- fill Leachate Control System Project. RESOLUTIONS BOOK #111 94-143 to 94 - PAGE RES. NO. TITLE DATE 143 94-143 Resolution authorizing the acquisition of Temporary 5/10/94 Construction Easements for the Construction of the North Summit Alley Grading Project. 144 94-144 Resolution authorizing the acquisition of permanent easements and temporary construction easements for the consturction of the Maiden Lane Pedestrian Bridge Project and the Maiden Lane Paving and Sanitary Sewer Assessment Project. 145 94-145 Resolution authorizing the Mayor to execute and the City Clerk to attest the FY95 28E Agreement for Paratransit Service be- tween the City of Coralville, the City of Iowa City and John- son County. 146 94-146 Resolution authorizing the Mayor to sign and the City Clerk to attest the FY95 Agreement between the City of Iowa City and the City of University Heights for the provision of transit service within the corporate limits of University Heights. 147 94-147 Resolution amending the budgeted positions in the Planning and Community Development Department and the AFSCME Pay Plan. 148 94-148 Resolution amending the budgeted positions in the Water Divi- sion of the Public Works Department. 149 94-149 Resolution establishing Classification/Compensation plans for Confidential/Administrative Employees and Executive Employees for FY95 and FY96. 150 94-150 Resolution authorizing the Mayor to sign and the City Clerk to attest to a project to construct additional hangar space at the Iowa City Municipal Airport. 151 94-151 Resolution authorizing the Mayor to sign, and the City Clerk to attest, an agreement extending the franchise agreement be- tween the City of Iowa City,Iowa, and Cablevision VII,Inc. 152 94-152 Resolution authorizing extension of an agreement between the City of Iowa City, Iowa, Cablevision VII, Inc., and Public Access Television, Inc. 153 94-153 Resolution setting a public hearing on plans, specs., form 5/24/94 of contract, and estimate of cost for the construction of the Rohret Road Reconstruction Project, Phase 1, directing City Clerk to publish notice of said hearing , and directing the City Engineer to place said plans on file for public inspection. 154 94-154 Resolution setting a public hearing on plans, specs., form of contract, and estimate of cost for the construction of the Maiden Lane Pedestrian Bridge Construction Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 155 94-155 Resolution adopting Supplement Number 65 to the Code of Ordin- ances of the City of Iowa City, Iowa. 156 94-156 Resolution approving plans, specs., form of contract, and estimate of cost for the constrffction of the Iowa Ave. Sr. Ctr. Parking Lot Retaining Wall and Rail improvement Project, est. RESOLUTIONS BOOK #111 94-156 to 94-171 PAGE RES. NO. TITLE DATE 156 (cont) 94-156 amount of bid security to accompany each bid, directing City 5/24/94 Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. 157 94-157 Resolution authorizing the Mayor to sign and the City Clerk to attest a renewal of a 28E Agreement between the City of Iowa City, Johnson County, & Old Capitol Cab Co. for Supplemental Taxi Service. 158 94-158 Resolution authorizing the Mayor to execute and the City Clerk to attest a funding agreement for Youth Services with Big Brothers/ Big Sisters of Johnson County. 159 94-159 Resolution authorizing the Mayor to execute and the City Clerk to attest a funding agreement with the Crisis Center. 160 94-160 Resolution authorizing the Mayor to execute and the City Clerk to attest a funding agreement with the Domestic Violence Intervention Program. 161 94-161 Resolution authorizing the Mayor to execute and the City Clerk to attest a funding agreement with the Emergency Dousing Project. 162 94-162 Resolution authorizing the Mayor to execute and the City Clerk to attest a funding agreement with the Dawkeye Area Community Action Progra 163 94-163 Resolution authorizing the Mayor to execute and the City Clerk to attest a funding agreement with the Iowa Center for AIDS/ARC Resources & Education. 164 94-164 Resolution authorizing the Mayor to execute and the City Clerk to attest a funding agreement for the Mayor's Youth Employment Program. 165 94-165 Resolution authorizing the Mavor to execute and the City Clerk to attest a funding agreement for Neighborhood Services with Neigh- borhood Centers of Johnson County. 166 94-166 Resolution authorizing the Mayor to execute and the City Clerk to attest a funding agreement with the Rape Victim Advocacy Program. 167 94-167 Resolution authorizing the Mayor to execute and the City Clerk to attest a funding agreement with the Johnson County office of the Grant Wood Area Chapter, American Red Cross. 168 94-168 Resolution authorizing the Mayor to execute and the City Clerk to to attest a funding agreement with United Action for Youth. 169 94-169 Resolution approving a funding agreement between the City of Iowa City and the Elderly Services Agency of Johnson County, and author- izing execution of said agreement. 170 94-170 Resolution approving a funding agreement between the City of Iowa City and the Mid -Eastern Council on Chemical Abuse, and author- izing execution of said agreement. 171 94-171 Resolution approving a funding agreement between the City of Iowa City, Iowa and United Action for Youth, and authorizing execution of said agreement. RESOLUTIONS BOOK #111 94-172 to 94-186 PAGE RES. NO. 172 94-172 TITLE Resolution authorizing the Historic Preservation Commission to file an application for a Historic Resources Development Program(HRDP)Grant to obtain funds for the prupose of conducting a professional survey and evaluation of Historic Resources in Iowa City's older neighborhoods. DATE 5/24/94 173 94-173 Resolution authorizing execution of the second addendum to the pre - construction agreement with the Iowa Department of Transportation & the City of Coralville for the Iowa Highway 6 Paving Improvement Pro- ject from Rockyshore Drive to First Avenue. 174 94-174 Resolution awarding and authorizing Mayor to sign and City Clerk to at- test contract for the consturction of the Rohret Road Pedestrian Bridges Project, STP -U-3715(1)--70-52. 175 94-175 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Primary Roads System Pro- ject No. NHS -6-7(41)--19-52. 176 94-176 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Civic Center West Police Department Lower Level Remodeling Project. 177 94-177 Resolution establishing fees for services and activities of the Iowa City Housing Inspection Services Division. 178 94-178 Resolution amending the budgeted positions in the Assisted Housing and Inspection Services Department and the AFSCME Pay Plan. 179 94-179 Resolution authorizing agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City to be effective July 1, 1994, through June 30, 1997. 180 94-180 Resolution of intent to convey a vacated portion of the Linn Street right- of-way located West of Gilbert Street and North of Benton Street to Mer- lin Hamm and setting a public hearing for June 7, 1994. 181 94-181 Resolution authorizing the participation of the City of Iowa City in the Displaced Worker Flood Repair Program. 182 94-182 Resolution to issue Dancing Permit. 6/7/94 183 94-183 Resolution authorizing the Mayor to sign and the City Clerk to attest a release of liens for property located at 1310 Yewell Street, Iowa City, Iowa. 184 94-184 Resolution accepting the work for the Sanitary Sewer,Storm Sewer, Water Main and Paving Public Improvements for Park West Subdivision, Parts 3 and 4, declaring public improvements open for public access and use. 185 94-185 Resolution approving final plat of Windsor Ridge,Part 5, Iowa City, Ia. 186 94-186 Resolution approving plans, specs. form of contract, and estimate of cost for the construction of the Rohret Road Reconstruction Project, Phase 1, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. RESOLUTIONS PAGE RES. NO. 187 94-187 BOOK #111 94-187 to 94-203 DATE Resolution approving plans,specs.,form of contract,and estimate 6/7/94 of cost for the construction of the Maiden Lane Pedestrian Bridge Construction Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish adversitement for bids, and fixing time and place for receipt of bids. 188 94-188 Resolution approving amendment to agreemtnt no. 92-F-9 relative to the replacement of the Melrose Avenue Bridge which spans the Iowa Interstate Railroad near Kinnick Stadium. 189 94-189 Resolution authorizing execution of an agreement with the United States Department of Agriculture Soil Conservation Service relative to the emergency watershed protection program for certain repairs adjacent to the Iowa River caused by the flood of 1993. 190 94-190 Resolution authorizing the Mayor and City Clk to execute an agreement with Shive-Hattery Engineers and Architects, Inc. of Iowa City, Iowa, for engineering consulting services relative to the Emergency Watershed Protection Program. 191 94-191 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the Iowa Ctiy Senior Center Exterior Re- pairs Pfoject. 192 94-192 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an agreement by and between the City of Iowa City and R.M. Boggs Co. to provide Emergency Flue Repair Services for the Iowa City Senior Center. 193 94-193 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the 1994 Maintenance and Repair Project - Capitol and Dubuque Street Parking Ramps. 194 94-194 Resolution changing the name of the Easterly 144.3' of Teg Drive loca- ted in Park West Subdivision - Part 4, Iowa City, Iowa, to Aber Avenue. 195 94-195 Resolution amending the budgeted positions in the City Attorney's office and the Confidential Pay Plan. 196 94-196 Resolutionto issue Dancing Permit. 6/14/94 197 94-197 Resolution to issue Cigarette Permits. 198 94-198 Resolution approving application for Public Housing and Public Hous- ing Agency request for front-end annual contributions contract(ACC). 199 94-199 Resolution in support of Public Housing Project. 200 94-200 Resolution of Cooperation. 201 94-201 Resolution accepting the work for the Riverside Drive River Trail Project. 202 94-202 Resolution accepting the work for the Sanitary Sewer,Storm Sewer, Water Main, Reinforced Concrete Box Culvert and Paving Public Improve- ments for Walnut Ridge, Part 3, and declaring Public Improvements open for Public Access and use. 203 94-203 Resolution accepting the work for the Sanitary Sewer, Storm Sewer, Tile Lines, Water Main and Paving Public Improvements for South Pointe Addition, Part 1, and decalaring Public Improvements open for Public Access and use. RESOLUTIONS BOOK 91111 94-204 to 94-218 PAGE RES. NO. TITLE DATE 204 94-204 Resolution approving an agreement with the Iowa State 6/14/94 Department of Economic Development for Iowa Emergency Shelter Grants Program Funding. 205 94-205 Resolution approving an agreement between the City of Iowa City and the Emergency Housing Project for Iowa Emergency Shelter Grants Program Funding, and authorizing the Mayor to execute and the City Clerk to attest same. 206 94-206 Resolution approving an agreement between the City of Iowa City and the Domestic Violence Intervention Program for Iowa Emergency Shelter Grants Program Funding, and authorizing the Mayor to execute and the City Clerk to attest same. 207 94-207 Resolution approving an agreement between the City of Iowa City and Youth Homes, Inc. for Iowa Emergency Shelter Grants Program Funding, and authorizing the Mayor to execute and the City Clerk to attest same. 208 94-208 Resolution approving the Voluntary Annexation of an approxi- mate 18.6 acre tract of land located,South of the Iowa City Corporate Limits, North of Rohret Road and East of Slothower Road. 209 94-209 Resolution establishing a fee for minor modification applica- tions. 210 94-210 Resolution to sever an approximate 95 acre tract of land located in the Northwest corner of Iowa City, immediately South of the Iowa Interstate Railway. 211 94-211 Resolution approving a Chapter 28E agreement between the City of Coralville and the City of Iowa City allowing the City of Iowa City to review and approve zoning and subdivision proposals on property formerly in the corporate limits of Iowa City. 212 94-212 Resolution approving the preliminary plat of Kennedy's Waterfront Addition, Part 3, Iowa City, Iowa. 213 94-213 Resolution authorizing the filing of an application with the Iowa Department of Transportation for State Transportation for State Transportation Enhancement Funds. 214 94-214 Resolution for the construction of paving and sanitary sewer im- provements in the City of Iowa City, Iowa. 215 94-215 Resolution fixing value of lots. 216 94-216 Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications for the construction of the Maiden Lane Paving and Sanitary Sewer Assessment Project. 217 94-217 Resolution of Necessity. 218 94-218 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Iowa Avenue Senior Center Parking Lot Retaining Wall and Rail Improve- ment Project. RESOLUTIONS BOOR #111 94-219 to 94-225 PAGE RES. NO. TITLE DATE 219 94-219 Resolution authorizing the Mayor to execute a cooper- 6/14/94 ative agreement with the U.S. Department of Agriculture Soil Conservation Service relative to the Emergency Water- shed Protection Program for certain repairs adjacent to Ral- ston Creek caused by the Flood of 1993. 220 94-220 Resolution authorizing the Mayor and City Clerk to execute an agreement with Governor Properties and Psi Beta House Corporation of Chi Omega relative to funding and maintenance responsibilities in regards to the Emergency Watershed Pro- tection Program for certain repairs to Ralston Creek caused by the Flood of 1993. 221 94-221 Resolution authorizing conveyance of a vacated portion of the Linn Street right-of-way located West of Gilbert Street and North of Benton Street to Merlin Hamm. 222 94-222 Resolution authorizing agreement between the City of Iowa City and the Iowa City Library Board of Trustees and the American Federation of State, County and Municipal Employees, Local #183, AFL-CIO, to be effective July 1, 1994 through June 30, 199 223 94-223 Resolution directing preparation of detailed plans and 6/21/94 specs., form of contract and notice to bidders on the Maiden Lane Paving and Sanitary Sewer Assessment Project. 224 94-224 Resolution ordering bids, approving plans, specs., and form of contract and notice to bidders, fixing amount of bid Security, and ordering Clerk to publish notice and fixing a date for receiving same, and for a public hearing on plans, specifications, form of contract and estimate of costs. 225 94-225 Resolution to issue Cigarette Permits. RESOLUTIONS BOOK 11112 94-226 to 94-239 PAGE RES. NO. TITLE DATE 226 94-226 Resolution to issue Dancing Permit. 7/5/94 227 94-227 Resolution to issue Cigarette Permits. 228 94-228 Resolution approving final plat of Southwest Estates, Part Six, Iowa City, Iowa. 229 94-229 Resolution approving final plat of Dean Oakes Fourth Addition, Iowa City, Iowa. 230 94-230 Resolution rescinding Resolution No. 94-211 and approving a Chapter 28E Agreement between the City of Iowa City allowing the City of Iowa City to review and approve zoning and sub- division proposals on property formerly in the corporate limits of Iowa City. 231 94-231 Resolution with respect to the adoption of the Resolution of necessity proposed for the Maiden Lane Paving and Sanitary Assessment Project. 232 94-232 Resolution adopting plans, specifications, form of contract and estimated cost. 233 94-233 Resolution authorizing, the City of Iowa City to enter into a joint participation agreement with the Iowa Department of Trans- portation, Air and Transit Division, for TransitCapital Funding from the Federal Transit Administration under Section 3 of the Federal Transit Act, as amended. 234 94-234 Resolution authorizing the Mayor to sign and the City Clerk to attest the lease agreement between the City of Iowa City and Davis Building Partners for the Suite, First Floor Center, Davis Building, 322 E. Washington Street, Iowa City, Iowa. 235 94-235 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Maiden Lane Pedestrian Bridge Project. 236 94-236 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Rohret Road Reconstruction Project, Phase 1. 237 94-237 Resolution authorizing execution of an agreement with Johnson County, Iowa, for temporary use of portions of Maier Avenue, a County Road, as detour during Rohret Road Reconstruction Pro- ject, Phase 1. 238 94-238 Resolution authorizing execution of an agreement with the Kessler Subdivision Homeowners Association for temporary use of portions of Kessler Drive and Rohret Court, Private Roads, as detour roadways during Rohret Road Reconstruction Project, Phase 1. 239 94-239 Resolution setting a public hearing on plans, specs., form 7/19/94 of contract, and estimate of cost for the construction of the Highway 1/Mormon Trek Intersection Improvements Pro- ject, directing City Clerk to publish notice of said hearing and directing the City Engineer to place said plans on file for public inspection. RESOLUTIONS BOOK#112 94-240 to 94-253 PAGE RES. NO. TITLE DATE 240 94-240 Resolution setting a public hearing on plans, specs, form 7/19/94 of conctract, and estimate of cost for the construction of the Northwest Sanitary Sewer Project, Phase 2, direct- ing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 241 94-241 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of liens for property located at 803 E. Church Street, Iowa City, Iowa. 242 94-242 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien for property located at 1601 Center Avenue, Iowa City, Iowa. 243 94-243 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien for property located at 226 S. Johnson Street, Iowa City, Iowa. 244 94-244 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien for property located at 1208 Louise Street, Iowa City, Iowa. 245 94-245 Resolution authorizing the Mayor to sign and the City Clerk to attest a partial release agreement concerning the Stormwater Management Easement Agreement for Idyllwild Condominiums. 246 94-246 Resolution accepting the work for the 1994 Sanitary and Storm Sewer Project. 247 94-247 Resolution accepting the work for the Sanitary Sewer, Storm Sewer, Water Main and Paving Public Improvements for South- west Estates Subdivision, Part 5, and declaring public improve- ments open for public access and use. 248 94-248 Resolution approving Final Plat of Scott's Fourth Addition, Johnson County, Iowa. 249 94-249 Resolution authorizing and approving an amendment to the 1994 Community Development Block Grant (CDBG) Budget. 250 94-250 Resolution authorizing the City Manager to file a Community Development Block Grant(CDBG)Program Statement for the use of $1,302,000 dollars of Supplemental CDBG Funds Appropriated under public law 103-211, including all understandings and assurances contained therein and designating the City Manager as the authorized Chief Executive Officer for the Grant. 251 94-251 Resolution authorizing the execution of a permanent easement agreement as part of the construction of the Highway 6 Fifth Lane Improvements Project No. STP -6-7(44)--2C-52. 252 94-252 Resolution authorizing the City Manager to purchase a portion of Lot Eleven (11), Irish's Extension of Woods Addition, for expansion of Reno Street Park. 253 94-253 Resolution rescinding prior Resolution No. 94-30 and in lieu thereof setting fees and charges with respect to the adminis- tration of regulations of Uehicles for hdre. RESOLUTIONS BOOK #112 94-254 to 94- 2�'] PAGE RES. NO. TITLE DATE 254 94-254 Resolution rescinding Resolution No. 87-211 and adopting 7/19/94 in lieu thereof a new resolution establishing fees and policy for examination of public records for services performed by the office of the City Clerk. 255 94-255 Resolution rescinding Resolution No. 88-225, and in lieu thereof establishing fees for Dancing Permits and Outdoor Service Areas in conjunction with Liquor Licenses or Class "B" Permits. 256 94-256 Resolution to issue Dancing Permit. 257 94-257 Resolution setting a public hearing on plans, specs., form of 8/2/94 contract, and estimate of cost for the construction of the 1994 Curb Ramps Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 258 94-258 Resolution setting a public hearing on plans, specs, form of contract and estimate of cost for the construction of the South Site Soccer Field and Wastewater Pipeline Grading Improvement Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 259 94-259 Resolution authorizing applications for 25 units of section 8 certificates and 25 units of section 8 vouchers. 260 94-260 Resolution of compliance with section 403A.5, Code of Iowa, in conjunction with applications for section 8 units. 261 94-261 Resolution approving and authorizing execution and recordation of Declaration of Trust for Project No. IA05PO22006. 262 94-262 Resolution authorizing execution of consolidated Annual Con- tributions Contract KC -9033E. Project No. IA05-EO22-021. 263 94-263 Resolution accepting the work for the sanitary sewer, storm sewer, water main and paving public improvements for Hunters Run, Part 9, and declaring public improvements open for public access and use. 264 94-264 Resolution accepting the work for the sanitary sewer, storm sewer, water main and paving public improvements for Walnut Ridge, Part 4, and declaring public improvements open for public access and use. 265 94-265 Resolution accepting the work for the Sanitary Sewer, storm sewer, water main and paving public improvements for Scott Blvd. East Sub- division, Part 2, and declaring public improvements open for public access. 266 94-266 Resolution authorizing the Mayor to sign and the City Clerk to attest a release of a lien regarding a promissory note and a m$otgage for property located at 1406 Ash St., Iowa City, Iowa. 267 94-267 Resolution approving the voluntary anne)tation of an approx. 8.1 acre tract of land in the vincinity of the intersection of Mormon Trek Blvd. and Highway 1 and approving the voluntary annexation of an approx. 3.07 acre tract of land North West of the intersection. RESOLUTIONS BOOK #112 94-268 to 94-283 PAGE RES. NO. TITLE DATE 268 94-268 Resolution approving plans, specs., forms of contract, and 8/2/94 estimate of cost for the construction of the Highway 1/Mor- Iowa City Landfill FY95 Cell Construction Project, directing mon Trek Intersection Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and the City Engineer to place said plans on file for public inspection. place for receipt of bids. 269 94-269 Resolution approving plans, specs. form of contract, and estimate of cost for the construction of the Northwest Sanitary Sewer Pro- the Iowa City/Johnson County Airport Zoning Ordinance. ject, Phase 2, establishing amount of bid security to accompany 94-281 each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. 270 94-270 Resolution making award of contract. 271 94-271 Resolution approving contract and bond. 272 94-272 Resolution authorizing the acquisition of a Water Treatment Facility struction Project. Site, acquisition of the Iowa River Power Dam, Acquisition of Well 94-283 Sites, Acquisition of Well Protection Easements and Acquisitions of Water Main, Sanitary Sewer and other necessary easements, all in the Jefferson Street Improvements, Part of the 1993 Asphalt Re- conjunction with the proposed improvements to the City's Water Treat- ment Facilities Project. 273 94-273 Resolution changing the name of Aber Avenue located in Ty'n Cae; Parts 1 & 2 to Abbey Lane. 274 94-274 Resolution awarding the purchase and installation of weather alert sirens to Fulton Contracting Co. 275 94-275 Resolution ratifying settlement of pending litigation (Fitzgarrald) 276 94-276 Resolution on unclassified salaries and compensation for Fiscal Year 1995 for the City Attorney, City Clerk and City Manager. 277 94-277 Resolution rescinding Resolutions Nos. 74-48, 75-265, 78-155, 92-130 and 93-252, and in lieu thereof reestablishing the Iowa City Design Review Committee, and also approving Committee by-laws. 278 94-278 Resolution to issue Dancing Permit. 8/30/94 279 94-279 Resolution settinS a public hearing on plans,specs.,form of contract,and estimate of cost for the construction of the Iowa City Landfill FY95 Cell Construction Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 280 94-280 Resolution setting a public hearing on an ordinance amending the Iowa City/Johnson County Airport Zoning Ordinance. 281 94-281 Resolution approving the Public Housing Management Assessment Program(PHMAP)Certification of the Iowa City Housing Authority. 282 94-282 Resolution accepting the work for the Kirkwood Avenue Recon- struction Project. 283 94-283 Resolution accepting the work for the Supplemental Contract for the Jefferson Street Improvements, Part of the 1993 Asphalt Re- surfacing Project. RESOLUTIONS BOOK 11112 94-284 to 94-296 PAGE RES. NO. TITLE DATE 284 94-284 Resolution accepting the work for the Sanitary Sewer, Storm 8/30/94 Sewer,Tile Line, Slater Main and Paving Public Improvements for Mount Prospect Subdivision, Part 7, and declaring public improvements open for public access and use. 285 94-285 Resolution approving plans,specs.,form of contract,and estimate of cost for the construction of the 1994 Curb Ramps Project, estab- lishing amount of bid security to accompany each bid, directing City Clerk to publish Advertisement for bids, and fixing time and place for receipt of bids. 286 94-286 Resolution approving plans,specs., form of contract, and estimate of cost for the construction of the South Site Soccer field and Waste- water Pipeline Grading Improvement 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. 287 94-287 Resolution certifying unpaid Sanitary Sewer Service Utility charges to Johnson County for collection in the same manner as a property tax. 288 94-288 Resolution awarding contract for construction of the Highway 1/Mormon Trek Intersection Improvements Project. 289 94-289 Resolution authorizing an agreement for acquisition of property in lieu of condemnation between Robert L. Carson and Rose Kathleen Car- son and the City of Iowa City, Iowa, for the realignment of Rohrer Road. 290 94-290 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Northwest Sani- tary Sewer Project, Phase 2. 291 94-291 Resolution establishing fees for certain services performed by the Iowa City Police Department and the Coralville/Iowa City Animal Shelter. 292 94-292 Resolution establishing fees incurred by the City Clerk's Office and Police Department associated with Cigarette Employee Education. 293 94-293 Resolution authorizing the Mayor to sign and the City Clerk to attest a 28E agreement between the City of Iowa City and the City of Coralville for video production and post -production services to Cablecast Coral- ville City Council meetings. 294 94-294 Resolution authorizing the Mayor to sign and the City Clerk to attest an agreement between Terracon Environmental, Inc., and the City of Iowa City to provide envrionmental consulting services for an expanded phase 2 property site assessment. 295 94-295 Resolution determining necessity and setting a public hearing 9/13/94 for October 25, 1994, on a proposed near Southside Commercial Urban Revitalization Plan for a proposed Urban Revitalization Area in the City of Iowa City, Iowa. 296 94-296 Resolution determining necessity and setting a public hearing for October 25, 1994, on a proposed near Southside Residential Urban Revitalization Plan for a proposed Urban Revitalization Area in the City of Iowa City, Iowa. RESOLUTIONS BOOK 11112 94-297 to 94-3Dt PAGE NO. RES. NO. TITLE DATE 297 94-297 Resolution setting a public hearing for September 27, 1994 9/13/94 on an Ordinance Amending Title 3,"City Finances,Taxation, & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase Fees forhourly parking in the Dubuque Street Parking Ramp. 298 94-298 Resolution setting a public hearing for September 27, 1994, on an Ordinance Amending Title 3,"City Finances, Taxation, and Fees," Chapter 4,"Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase monthly parking permit fees in Iowa City, Iowa. 299 94-299 Resolution accepting the work for the Iowa Avenue Senior Center Parking Lot Retaining Wall and Rail Improvement Project. 300 94-300 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien regarding a mortgage and Prom- issory note executed for property located at 410 Iowa Avenue, Iowa City, Iowa. 301 94-301 Resolution authorizing and directing the City Manager to ex- ecute and file an application with the United States Department of Transportation for a grant under Section 9 of the Federal Transit Act, as amended, to be used for transit operating ass- istance funding. 302 94-302 Resolution approving a Chapter 28E Agreement between the City of Coralville and the City of Iowa City Regarding annexation and extraterritorial review of subdivision plats. 303 94-303 Resolution certifying to the Treasurer of State the actual population of annexed territory generally known as Sycamore Farms, located south of Highway 6 and the Southern Corporate Limits 304 94-304 Resolution certifying to the Treasurer of State the actual population of annexed territory generally known as a portion of Southwest Estates, located South of the Southern Corporate Limits, North of Rohret Road and East of Slothower Road. 305 94-305 Resolution approving plans.,specs.,form of contract, and esti- mate of cost for the construction of the Iowa City Landfill FY95 Cell Construction Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. 306 94-306 Resolution to issue Cigarette Permits. 9/27/94 307 94-307 Resolution approving the official financial report for City Streets and Parking for the Fiscal Year ending June 30, 1994. 308 94-308 Resolution approving, authorizing and directing the mayor to execute and the City Clerk to attest an agreement for use of public property by and between Francish, Frances C., and David J. Panther for the placement of a wheelchair -accessible ramp on the North Linn Street right-of-way. RESOLUTIONS BOOK #112 94-309 to 94-324 PAGE RES. NO. 309 310 311 312 313 314 315 316 TITLE DATE 94-309 Resolution establishing a Senior Center Commission for the 9/27/94 City of Iowa City, Iowa, and establishing the membership, terms, duties, powers and authority of said commission. 94-310 Resolution approving the voluntary annexation of approximately 166 acres of City -Owned property known as the Iowa City South Wastewater Treatment Plant Site. 94-311 Resolution authorizing and approving an amendment to the 1994 Community Development Block Grant(CDBG) Program Statement and Budget. 94-312 Resolution awarding contract for construction of the 1994 Curb Ramps Project. 94-313 Resolution authorizing the restructuring of investments held under refunding trust agreement of January 15, 1993. 94-314 Resolution awarding contract for construction of the South Site Soccer Field and Wastewater Pipeline Grading Improvements Project. 94-315 Resolution awarding contract and authorizing Mayor to sign 9/30/94 and City Clerk to attest contract for the construction of the Iowa City Landfill FY95 Cell Construction Project. 94-316 Resolution to issue Dancing Permit. 10/11/94 317 94-317 Resolution authorizing the Mayor to sign and the City Clerk to attest a subordination agreemenbetween the City of Iowa City, Iowa, and the University of Iowa Community Credit Union of Iowa City, Iowa for property located at 1916 Waterfront Drive, I.C., Iowa 318 94-318 Resolution accepting the work for Asbestos Abatement for Civic Center East Lower Level Remodeling. 319 94-319 Resolution accepting the work for the Storm Sewer Improvements for Lots 1-8 Boyrum Subdivision, Part 2. 320 94-320 Resolution authorizing the Mayor to sign and the City Clerk to attest a Storm Sewer Easement Agreement for Lots 1-8 of Boyrum Subdivision, Part 2. 321 94-321 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of lien for property located at 1503 Rochester Avenue, Iowa City, Iowa. 322 94-322 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of lien for property located at 402 W. Benton Street, Iowa City, Iowa. 323 94-323 Resolution approving the voluntary annexation of an approximate 1.02 acre parcel of land iocated North on Scott Park Drive Extended. 324 94-324 Resolution establishing a parks and recreation commission for the City�of Iowa City, Iowa, and establishing the membership, terms, duties, powers and authority of said commission. F1 RESOLUTIONS BOOK #112 94-325 to 94-338 PAGE RES. NO. TITLE DATE 325 94-325 Resolution senting a public hearing on an ordinance amending 10/25/94 Title 3 of the City Code Entitled "Finances, Taxation & Fees," Chapter 4 on City Utilities to increase the rates for fees and charges for potable water use and service, and wastewater treat- ment works user charges. 326 94-326 Resolution authorizing the Mayor to sign and the City Clerk to attest partial release agreements concerning the stormwater management easement for Windsor Ridge Parts 1,2,3,4 and 5 and the public walkways/trails system for Windsor Ridge Parts 1&4. 327 94-327 Resolution authorizing execution of amendatory agreement #12 and addendum for lead base paint to the Annual Contributions Contract between the City and the federal government for public housing grant number IA05 P022 010. 328 94-328 Resolution authorizing the appointment of Mr. Douglas Boothroy as the project officer for the acquisition of 10 units of public housing for the Department of Housing and Urban Development Project IA05PO22010. 329 94-329 Resolution authorizing the adoption of the Family Self Sufficiency Action Plan of the Iowa City Housing Authority. 330 94-330 Resolution authorizing execution of consolidated annual contributions contract KC -9033. Project No. IA05-VO22-018. 331 94-331 Resolution accepting the work for the Sanitary Sewer, Storm Sewer, Tile Line, Water Main, Paving and Detention Basin Release Structure public improvements for Windsor Ridge -Parts One, Two,Three and Four, and declaring public improvements open for public access and use. 332 94-332 Resolution authorizing execution of an agreement for use of public right-of-way between the City of Iowa City, Arlington L.C., and Windsor Ridge Homeowners' Assoc. for placement of an entrance sign on street right-of-way within the Windsor Ridge Development. 333 94-333 Resolution extending the expiration date for the amended preliminary plat of Hunters Run Subdivision, Part Eight. 334 94-334 Resolution authorizing expenditure in the amount of $50,000 from the General Fund Contingency Account for the purpose of completing the schematic design and cost estimating phase of an expansion and renovation project planned for the Iowa City Public Library. 335 94-335 Resolution accepting the work for the lift station and force main 11/8/9 improvements for Windsor Ridge -Parts 1,2,3,& 4, and declaring public improvements open for public access and use. 336 94-336 Resolution accepting the work for the Rohret Road Reconstruction Project Project, Phase 1. 337 94-337 Resolution accepting the'work for the sanitary sewer, storm sewer, water main and paving public improvements for Wild Prairie Estates Subdivision, Partsl&2 and declaring public improvements open for public access and use. 338 94-338 Resolution authorizing execution of a private sanitary sewer service line easement agreement for connection to City Public Sanitary Sewer between Orris V. Cooper, Jr., and Timothy R. Ships and the City of I.C. RESOLUTIONS BOOK 11112 94-339 to 94-352 PAGE RES. NO. TITLE DATE 339 94-339 Resolution authorizing the Mayor to sign and the City Clerk to 11 8 4 attest an agreement between MMS Consultants, Inc., of Iowa City, and the City of Iowa City to provide consulting services for im- provements to the Wastewater Treatment collection facilities. 340 94-340 Resolution authorizing the Mayor to execute and the City Clerk to attest a 28E Agreement for joint exercise of Law Enforcement Authority. 341 94-341 Resolution authorizing funding of roof replacement project for the Airport Terminal Building and the United Hangar Building at the Iowa City Municipal Airport. 342 94-342 Resolution establishing a non-refundable fee for the registration of a Domestic Partnership in the City of Iowa City, Iowa. 343 94-343 Resolution releasing an existing and accepting a new public walkway 11/22/5 easement located on Lots 9 and 10, West Side Park, an addition to the City of Iowa City, Iowa, and authorizing the Mayor to sign and the City Clerk to attest a new public walkway easement agreement for Lots 9 & 10 of the same property. 344 94-344 Resolution authorizing the Mayor to sign and the City Clerk to attest a partial release agreement concerning the public walkway easement for Lots 8,9,10 & a portion of Lot 15, West Side Park, an addition to Iowa City, Iowa. 345 94-345 Resolution authorizing execution of an agreement for use of public right-of-way between the City of Iowa City, Village Green South L.C. & Village Green South Homeowners' Assoc. for placement of an entrance sign on street right-of-way within the Village Green South Development. 346 94-346 Resolution approving the preliminary and final plat of Village Green, Part XIII, including a resubdivision of a part of Village Green, Part 3, Iowa City, Iowa. 347 94-347 Resolution ratifying settlement of pending litigation. 348 94-348 Resolution to issue Cigarette Permits. 12/6/94 349 94-349 Resolution setting a public hearing on plans, specs., form of contract and estimate of cost for the construction of the Iowa River Flood Repairs Project, directing City Clerk to publish notice of 350 94-350 Resolution accepting the work for the sanitary sewer, storm sewer, water main and paving public imnrovements for Wil.loca Creek Subdivision, and de- claring public improvements open for public access and use. 351 94-351 Resolution accepting the work for the sanitary sewer, storm sewer, tile line, water main, and paving public improvements for South Pointe Addition - Part 5 and declaring public improvements open for public access and use. 352 94-352 Resolution accepting the work for the Highway 1/Mormon Trek Intersection Improvement Project. RESOLUTIONS BOOR #112 94-353 to 94-36', PAGE RESO NO. TITLE DATE 353 94-353 Resolution authorizing the Mayor to sign and the City Clerk to 12/6/94 attest an agreement between Stanley Consultants, Inc. of Musca- tine, Iowa, and the City of Iowa City to provide consulting services to perform value engineering studies on the Iowa City Water Facility Improvements Project. 354 94-354 Resolution authorizing the Historic Preservation Commission to file an application for a certified local government(CLG) grant to obtain funds for the purpose of preparing National Register Nominations for College Green and East College Street. 355 94-355 Resolution authorizing the Historic Preservation Commission to file an application for a certified local government(CLG)grant to obtain fund for the purpose of conducting a professional survey and evaluation of Historic Resources within the North Dubuque Street Corridor. 356 94-356 Resolution declaring an official intent under treasury regulation 1.150-2 to issue debt to remimburse the City for certain original expenditures paid in connection with specified projects. 357 94-357 Resolution approving, the Near Southside Commercial Urban Revital- 12/13, ization Plan. 9 358 94-358 Resolution approving the Near Southside Residential Urban Revital- ization Plan. 359 94-359 Resolution authorizing the preparation of a Design Plan for the Near Southside Neighborhood and declaring the Council's intent on the allocation of incremental property tax revenues. 360 94-360 Resolution to issue Dancing Permit. 12/20/94 361 94-361 Resolution authorizing the Mayor to sign and the City Clerk to attest two(2)Sanitary Sewer Easement Agreements for 753 W. Benton Street. 362 94-362 Resolution accepting the work for the Sanitary Sewer Improvements for 753 W. Benton Street. 363 94-363 Resolution authorizing, the Mayor to sign and the City Clerk to attest a Civil Defense Warning Siren Easement Agreement for Wild Prairie Estates, Part 1. 364 94-364 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien for property located at 321 E. First Street, Iowa City, Iowa. 365 94-365 Resolution authorizing the Mayor to sign and the City Clerk to attest a release of liens for property located at 847 Rundell Street, Iowa City, Iowa. 366 94-366 Resolution certifying to the Treasurer of the State the actual population of annexed territory generally known as the South Waste- water Treatment Plant, located South of the Southern Corporate Limits. 367 94-367 Resolution approving plans,specs.,form of contract, and estimate of cost for the construction fo the Iowa River Flood Repairs Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. RESOLUTIONS PAGE RES. NO. 368 94-368 BOOK #112 94-368 to 94-36`, DATE Resolution approving the exterior signage at 150 E. Court St. 12/20/94 369 94-369 Resolution declaring the condition of 1926 Broadway, a public emergency. L 1* 6k' RESOLUTION NO. 94-1 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Union - 121 E. College Street It was moved by Throgmorton and seconded by Baker that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton Passed and approved this 4th day of January , 1994. ATTEST: CIT CLERK \danceprm.res MAYOR Apppved by ity Atto?ney�Office /Y__ 2;k RESOLUTION NO. 94-2 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1994 SANITARY AND STORM SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 18th day of January, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. It was moved by Throgmorton and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 4th day of January , 1994. pweng\94sewer.res "?es arZ RESOLUTION NO. 94-3 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WHISPERING MEADOWS WETLAND PARK PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 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 18th day of January, 1994, at,7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. It was moved by Throgmorton and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: x x x X x x x Passed and approved this NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 4th day of January , 1994. ATTEST:'X. CI LERK pwengkneadows.res MAYOR Appro . d by City Attomeyy Office 1.1 �Iq3 3 Pe, 1,K RESOLUTION NO. 94-4 RESOLUTION APPROVING FINAL PLAT OF WHISPERING MEADOWS, PART II. WHEREAS, the owner and subdivider, CB Development, Ltd., filed with the City Clerk the final plat of Whispering Meadows, Part Il, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at a Concrete Monument, found at the Southeast Corner of Section 23, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N88°21'05"E, a recorded bearing, along the South line of the Southwest Quarter, of the Southwest Quarter of Section 24, Township 79 North, Range 6 West of the 5th Principal Meridian, 111.19 feet; Thence N01 °38'48"W, 196.14 feet; Thence N16040'29"E, 114.86 feet; Thence N05044'59"W, 159.34 feet; Thence N00102'42"E, 175.00 feet; Thence S89057'18"E, 20.00 feet; Thence N00002'42"E, 137.50 feet; Thence N89057'18"W, 298.23 feet; Thence N00002'42"E, 203.50 feet; Thence S89057'18"E, 12.29 feet; Thence N00102'42"E, 127.00 feet; Thence S89057'1 8"E, 265.00 feet to the Southwest Corner of Whispering Meadows Subdivision, Part One, according to the recorded plat thereof; Thence S89 ° 57'36"E, along the Southerly line of said Subdivision 135.46 feet; Thence S63121'11"E, along said Southerly line 64.40 feet; Thence N48013'32"E, along said Southerly line 64.60 feet; Thence S61 °21'49"E, along said Southerly line 181.31 feet; Thence Northeasterly, 21.31 feet along a 611.85 foot radius curve, which is also said Southerly line, concave Northwesterly, whose 21.31 foot chord bears N27138'1 9"E; Thence S63121'33"E along said Southerly line 166.28 feet; Thence N14105'53"E, along said Southerly line 110.78 feet; Thence N81 103'51 "E, along said Southerly line, 136.33 feet; Thence S79144'54"E, 54.84feet; Thence S52°26'11 "E, 107.14feet; Thence S25014'39"E, 75.73 feet; Thence S07027'45"E, 75.73 feet; Thence S10019'08"W, 75.73 feet; Thence S27107'22"W, 70.23 feet; Thence N56034'1 7"W, 120.00 feet; Thence Southwesterly 74.11 feet along a 347.73 foot radius curve, concave Northwesterly whose 73.97 foot chord bears S39°32'04"W; Thence S44121'36"E, 120.00 feet; Thence S05°37'19"W, 84.49 feet; Thence S77008'32"E, 138.60 feet; Thence Southeasterly 24.68 feet along a 196.07 foot radius curve, concave Southwesterly whose 24.66 foot chord bears S66°56'11 "E; Thence N26°40'11 "E, 131.05 feet; Thence S52017'27"E, 301.69 feet; Thence S00109'02"E, 324.98 feet; Thence S88021'05"W, along the South line of said Southwest Quarter of the Southwest Quarter of Section 24, 1208.26 feet, to the Point of Beginning. Said parcel of land contains 26:14 acres, more or less, and is subject to easements and restrictions of record. and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision and recommended approval of same; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and q Resolution No. 94-4 Page 2 WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, the final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon -approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. It was moved by Kubby and seconded by Nnvi rk the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman y Novick X Pigott X Throgmorton Passed and approved this 4th day of January 1994. MAYOR i Approved by ATTEST: J Qu CITY CLERK City Attorney's 0 fice /Z _ Zy-y3 ppdadminlwhispol.ms Lf SIT a�< RESOLUTION NO. 94-5 RESOLUTION DETERMINING NECESSITY AND SETTING A PUBLIC HEARING FOR FEBRUARY 15, 1994, ON A PROPOSED NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN FOR A PROPOSED URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. WHEREAS, pursuant to Iowa Code Chapter404, the City Council may, by ordinance, designate an area of the city as an urban revitalization area for the purpose of granting property tax exemptions for improvements to properties; and WHEREAS, the proposed Urban Revitalization Area includes and consists of the area described as: All of Block 102, Block 103, Outlot 24, and the easterly half of Block 101, Original Town, Iowa City, Iowa, and WHEREAS, the City Council must follow the statutory criteria set forth in Iowa Code Chapter 404 when designating an area as an urban revitalization area. This procedure. includes adoption of a resolution finding that the rehabilitation, conservation, redevelopment, economic development, or a combination thereof of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City and the area meets the criteria of §404.1; and WHEREAS, Iowa Code §404.1 provides that the City Council may designate an area of the City as a revitalization area, if that area is any of the following: "2. An area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, incompatibile land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use, or 4. An area which is appropriate as an economic development area as defined in Section 403.17." WHEREAS, Section 403.17 defines an economic development area as the following: "An area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing." Jr Res. No. 94-5. Page 2. -2- WHEREAS, the Near Southside (NSS) Neighborhood Plan outlines a redevelopment plan for the proposed urban revitalization area and supports the use of financial incentives to encourage redevelopment of the proposed urban revitalization area; and WHEREAS, the incentives created by said Chapter 404 are necessary to preserve historic structures in the proposed urban revitalization area and to encourage non-residential commercial developments in the proposed urban revitalization; and WHEREAS, this Council has reasonable cause to believe that the area described above satisfies the eligibility criteria for designation as an urban revitalization area under Iowa law; and WHEREAS, Iowa Code §404.2 (1993) requires the City to prepare a revitalization plan for the proposed revitalization area; and WHEREAS, Iowa Code Chapter 404 requires the City Council to hold a public hearing on an urban revitalization plan for an urban revitalization project following notice to all owners of record of real property located in the proposed area and all tenants living in the proposed area, in accordance with Iowa Code §362.3; and WHEREAS, Iowa Code Chapter 404 further requires that, in addition to notice by publication, notification shall be given by ordinary mail to the last known address of the owners of record and to the "occupants" of city addresses located within the proposed area. These notices shall be given by the thirtieth day prior to the public hearing; and WHEREAS, the only reasonably current and complete list for City addresses located within the proposed area is contained in R.L. Polk Company's City Directory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF -IOWA CITY, IOWA, THAT: 1. The facts stated above in the preamble are a true and correct statement of the conditions in the proposed Near Southside Commercial Urban Revitalization Area and of the necessity for its designation as an urban revitalization area. 2. The proposed Near Southside Commercial Urban Revitalization area legally described above is an eligible urban revitalization area under the criteria of Iowa Code §404.1 (1993). 3. The rehabilitation, conservation, redevelopment, or economic development or a combination thereof of Near Southside Commercial Urban Revitalization Area is necessary in the interest of the public health, safety, or welfare of the residents of the City of Iowa City, Iowa. 4. The City staff is directed to prepare an ordinance designating the area, legally described above, as the Near Southside Commercial Urban Revitalization Area for consideration by this'Council in conjunction with the public hearing on the proposed Near Southside Commercial Urban Revitalization Plan. 5 Res. No. 94-5. Page 3. - -3- 5. The City Council will hold a public hearing on the proposed Near Southside Commercial Urban Revitalization Plan at its meeting on February 15, 1994, which begins at 7:30 p.m., in the Council Chambers, Civic Center, 410 East Washington, Iowa City, Iowa. _6. The City Clerk is authorized and directed to publish the attached notice of the public hearing in the Press -Citizen, once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing. The City staff is hereby authorized and directed to give notice of the public hearing by ordinary mail to the owners of record of property and occupants of City addresses located within the proposed Near Southside Commercial Urban Revitalization Area, except that the requirement for notice by ordinary mail to an occupant of a City address within said area is waived to the extent that an occupant's address is not accurately stated in R.L. Polk's City Directory. 8. The City staff is hereby directed to place a copy of the proposed Near Southside Commercial Urban Revitalization Plan on file in the office of the City Clerk. It was moved by Novick and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X Passed and approved this 4th NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton day of January , 1994. ATTEST: CITY ERIC ecodeOnssurben.r 5 NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN FOR A PROPOSED URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which begins at 7:30 p.m. on February 15, 1994, in the Council Chambers, Civic Center, Iowa City, Iowa, to consider adoption of a proposed Near Southside Commercial Urban Revitalization Plan (the "Plan") concerning a proposed Urban Revitalization Area in Iowa City, Iowa, legally described as: All of Block 102, Block 103, Outlot 24, and the easterly half of Block 101, Original Town, Iowa City, Iowa. The adoption of this proposed Urban Revitalization Plan and the subsequent designation of this area as an Urban Revitalization Area will permit property tax exemptions on the value added to properties qualified for improvements. A copy of the Plan is on file for public inspection in the office of the City Clerk, Civic Center, Iowa City, Iowa. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 404.2 of the State Code of Iowa. MARIAN K. KARR, CITY CLERK ecodevinrs[hsd.nph I MS l a Kc RESOLUTION NO. 94-6 RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM STATEMENT FOR THE USE OF $1,055,000 DOLLARS OF SUPPLEMENTAL CDBG FUNDS APPROPRIATED UNDER PUBLIC LAW 103-75, INCLUDING ALL UNDER- STANDINGS AND ASSURANCES CONTAINED THEREIN, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa, received an initial allocation of $175,000 from a federal Supplemental CDBG appropriation for Disaster Recovery Assistance pursuant to Public Law 103-75 as approved in Resolution No. 93-266; and WHEREAS, a Program Statement was developed for use of these funds giving priority to low income persons and others needing assistance to repair housing damage caused by the 1993 flood, and, where necessary, to assist in replacing flood damaged homes; and WHEREAS, the City has received an additional allocation of $880,000; and WHEREAS, the City has prepared an amended program statement for use of $1,055,.000, giving priority to low-income persons and others needing assistance in the repair, replacement, and/or elevation of their homes damaged by the 1993 flood and, where necessary, to demolish homes damaged by the flood and acquire and rezone vacant land for manufactured housing development; and WHEREAS, the City will coordinate this use of the grant funds with other federal, state and local resources as part of the City's Recovery and Redevelopment Plan for effective use of all such funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager of the City of Iowa City, Iowa, is hereby directed to file with the U.S. Department of Housing and Urban Development the Program Statement for the Supplemental Community Development Block Grant (CDBG) funds for Disaster Recovery Assistance. A copy of the Program Statement listing the included activities is attached hereto. 2. The City Manager is authorized and directed to provide all necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said Program Statement. 3. The City Manager is designated the Chief Executive Officer to act on behalf of the City in connection with the Program Statement and to provide additional information as may be required. Resolution No. 94-6 Page 2 It was moved by Novick and seconded by u„hby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Baker x Horowitz g Kubby g Lehman X Novick X Pigott Throgmorton Passed and approved this 4th day of Jan„ar;r , 1994. ATTEST: 2?(,cu.,J `Jf . �i CIT LERK ppdcdbg%floodfnd.res Jr VA OR Approved by ity Attor e s Office 9 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDED BUDGET SUMMARY - 1993 FLOOD DISASTER RELIEF Proiect - CDBG Budget Housing Acquisition & Rehabilitation Housing Rehabilitation $605,000 Replacement, Repair and Elevation of flood damaged homes Clearance Activities Demolition of severely damaged homes 50,000 Acquisition Acquisition of land for Manufactured Housing Development 280,000 Administration & Planning General Administration & Planning Activities 120,000 TOTAL $1,055,000 Sources of Funds 1993 Supplemental CDBG funds $1,055,000 ppdmb9\t1oodnt.bdg a T !T'NARYCITY OF IOWA CITY Spproval Guidelines for CDBG Funding Assistance to Repair, Replace, or Demolish Flood Damaged Homes General Information The City of Iowa City has received an allocation of $1.055 million in Supplemental Community Development Block Grant (CDBG) Funds to be used for flood disaster relief. The City has chosen to use most of these funds to assist property owners with repairs to their flood damaged homes, including elevation, replacement or demolition, as needed. This program is administered by the City's Community Development Division. Both grant and no interest loan funds are available to assist in repairing damage to structures and to any essential systems that make a home unsafe and unsanitary; however, these funds can not be used to replace any household goods. For instance, we can replace or repair plumbing, heating, electrical, flooring, walls, stove, refrigerator and furnace. We cannot replace washer, dryer, air conditioner, or personal belongings damaged in the flood. We assist in paying for items that are not eligible for assistance through FEMA or HACAP, or that were only partially covered by these agencies. In some cases, assistance is also provided for replacement of a mobile home. General Guidelines for the Flood Damage Repair Program. All repairs will comply with the City's Floodplain Management ordinance which requires that any structure that has been "substantially damaged' by flooding (i.e. to the extent that the cost of repairs equals or exceeds 50% of the fair market value of the structure before the damage occurred) must be elevated if the structure is in the 100 -year floodplain. 2. These funds can only be used to repair damage due to the flood. All repairs must also conform to federal, state and local codes and guidelines. 3. Priority will be given to households with emergency needs or uninhabitable structures. 4. The funds will be allocated either as a grant, a no interest loan or a combination grantlloan, depending on gross household income. 5. For projects costing over $12,000 and for self-employed clients, income verification is required. 6. If repairs have already been carried out, expenses can be reimbursed provided there is documentation of the flood damage and of costs paid to repair that damage. 7. For persons receiving FEMA or other compensation, a copy of the FEMA letter or other documentation stating the use for which the funds were awarded is required. 8. Except as stated, the requirements of the CDBG Housing Rehabilitation Program will apply. Certain regulations are waived by HUD under the Flood Relief Program. 9. These guidelines may be amended as more information is made available. '63 See other side OW For a grant, your income must fall below the figure next to your household size. Household Size 1 2 3 4 5 Annual Gross Income (80% Median Income) For the 50% grant/50% loan program, your income must be below the following numbers, but above the 80% median income figures. Household Annual Gross Size Income (100% Median Income) $25,400 1 $31,800 $29,050 2 $36,300 $32,700 3 $40,900 $36,300 4 $45,400 $39,200 5 $49,000 $42,150 6 $52,700 For the no interest loan program, your income must be below the following numbers, but above the 100% median income figures. Household Annual Gross Size Income (125% " Median Income) 1 $39,750 2 $45,375 3 $51,125 4 $56,750 5 $61,250 6 $65,875 If you wish to apply for assistance, please call Steve Long at 356-5250 and request an application form. If you have an emergency situation, e.g. inoperable furnace, please let us know so that we can give you priority and get your home inspected as quickly as possible. ppdcdbgV1ood1tr I CDBG FLOOD RELIEF PROGRAM Guidelines for Replacement of Mobile Homes • Maximum CDBG Flood Assistance - $13,500 • Replacement home should be approximately the same size as existing home • FEMA, insurance, resale funds, etc. must be used first for purchase of the home • A Resale Agreement limiting resale for 30 months is required. • Owner to pay five-year, no -interest loan on any costs over $13,500; such costs not to exceed $11,500. Other Eligible Expenses: • Cost of moving mobile home within Johnson County • Other related moving costs, including utility hookup expenses • Lot rent, where owner must pay rent on two residences simultaneously • Temporary apartment rent where FEMA money is exhausted • All homes must be elevated one foot above the 100 -year floodplain Ineligible Expenses: • Replacement of household goods • Air conditioning Guidelines for Repair/Replacement of Owner -Occupied Residences (1 or 2 units) on a Permanent Foundation • Maximum CDBG Flood Assistance $20,000 for repair or downpayment assistance on a replacement home • For homes with two units, funds may only be used to repair the owner -occupied unit as well as the exterior and mechanical systems which serve both units • When funds are used for downpayment assistance a resale agreement limiting resale for a period of 5 years is required • Homes must be elevated one foot above the 100 -year floodplain ppdcdbg\mob11ehm.gd1 En- RESOLUTION NO. 94-7 RESOLUTION WAIVING DEMAND THAT CABLEVISION VII, INC. SUBMIT A FORMAL FRANCHISE RENEWAL PROPOSAL TO THE CITY OF IOWA CITY BY DECEMBER 27, 1993. WHEREAS, on November 9, 1993, the City Council adopted Resolution 93-302, requiring that Cablevision VII, Inc. (Company) submit to the City of Iowa City (City) a formal franchise renewal proposal under Section 626(a -g) of the Federal Cable Act no later than 45 days from the date of receipt of said notification, and WHEREAS, said notification was received by the Company on November 12, 1993, thereby establishing a deadline for submittal of December 27, 1993, and WHEREAS, the City and the Company have agreed to enter into informal negotiations and have further agreed to waive said December 27, 1993, deadline to an unspecified date, pursuant to the terms and conditions of an agreement executed on behalf of the City by the City Manager on December 22, 1993, which agreement is attached to and hereby made a part of this resolution, and WHEREAS, it is in the interest of the City to pursue informal negotiations at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the December 27, 1993, deadline for submittal by Cablevision VII, Inc. to the City of Iowa City of a formal franchise renewal proposal under Section 626(a -g) of the Federal Cable Act is hereby waived, subject to the terms and conditions of the attached agreement, and BE IT FURTHER RESOLVED THAT the City Manager is authorized to enter into informal negotiations with Cablevision VII, Inc. It was moved by Novick and seconded by v; gorr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton Passed and approved this 4th day of January , 1994• ATTEST: Z 41� CITY -CLERK mgAae %cahlevlms AGREEMENT BETWEEN THE CITY OF IOWA CITY AND CABLEVISION VII, INC. This Agreement made this 17th day of December, 1993, by and between the City of lona City, Iowa (City), and Cablevision VII, Inc. (Company):— 0 0 �c-, n WHEREAS, the City granted to the Company on or about March 29, 1979 h -elusive= franchise (the Franchise) to construct and operate a cable television system wit hl -t a ci*; ahf WHEREAS, the Company has submitted a renewal proposal pursuant to the provislarERof f 626(h) of the Cable Communications Policy Act of 1984, and the Cable TelevieCoris Protection and Competition Act of 1992 (Federal Cable Act); and ON WHEREAS, the City and the Company intend to engage in negotiations for a new cable communications ordinance and franchise agreement; and WHEREAS, in order to accommodate the franchise renewal negotiation process, the parties agree to allow for the extension of the current franchise and allow for the reservation of rights under Section (a -g) of the Federal Cable Act. , NOW, THEREFORE, the parties mutually covenant and agree as follows: Section 1. The City shall waive its present demand that the Company submit a formal renewal proposal pursuant to the Federal Cable Act Section 626(a -g) by December 27, 1993. Section 2. The waiver of the present demand for a formal renewal proposal does not affect the rights of either party pursuant to Section 626(a -g) of the Federal Cable Act, including the right of the City to request at any future date a formal renewal proposal pursuant to Section 626(a -g). Upon receipt of such request, the Company shall submit a formal renewal proposal within thirty (30) days. Company will not request and City will not grant any future extension for submitting a formal renewal proposal. Section 3. The term of the Franchise may be extended at the sole discretion of the City, for a number of days equal to the number of days which elapse between the execution of this Agreement and the date the City determines that negotiations to reach a franchise renewal are terminated. The term may be further extended for a period of thirty (30) additional days after termination of negotiations in order for the Company to submit a formal renewal proposal pursuant to Section 626(a -g). Section 4. If the City extends the term of the Franchise as described in Section 3, above, all other terms and conditions of the Franchise are hereby ratified and affirmed, and shall continue in full force and effect and the Company shall operate in the same manner as prior to the extension. Operation in the same manner and under the same terms and conditions includes, but is not limited to, access operation and funding, franchise fee payments, consumer service and complaint response, and compliance with all public safety regulations and -applicable laws and regulations. Public access funding will continue concurrently with any franchise extension term and will end when the franchise expires, said funding will be paid in prorated monthly installments by the first of each month. For/the Cit Date: �a�aoq 3 mgr\aeatlraElatv.apt d� • i re/ CompanyFor the Date: /C�-oZ,?'913 7 Q1). �� Z4 RESOLUTION NO. 94-8 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE AFSCME PAY PLAN Whereas, Resolution No. 93-54, adopted by the City Council on March 2, 1993, authorized permanent positions in the Department of Water for FY94; and WHEREAS, Resolution No. 93-166, adopted by the City Council on June 22, 1993, established a classification/compensation plan for AFSCME employees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Water Division be amended by: 1. The deletion of the full-time Sr. Maintenance Worker - Water Customer Service position, paygrade 15; and 2. The addition of two full-time Maintenance Worker I - Water Customer Service positions, paygrade 2; and 3. The addition of one full-time Public Information/Education Coordinator -Waterposition, paygrade 10. BE IT FURTHER RESOLVED that the AFSCME Pay Plan be amended by: 1. The deletion of the Sr. Maintenance Worker - Water Customer Service position, paygrade 15; and 2. The addition of two full-time Maintenance Worker I - Water Customer Service positions, paygrade 2; and 3. The addition of one full-time Public Information/Education Coordinator - Water position, paygrade 10. It was moved by xuhhy and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott Throgmorton Passed and approved this 4th day of Jnn„ary , 1994• ��--A . MAYOR App r ved by ATTEST: aAe Aqdle` IT CLERK d1ty Attorney's Office humanrel\water.res RESOLUTION NO. 94-9 RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO THE PRECONSTRUCTION AGREEMENT FOR THE IOWA HIGHWAY 6 PAVING IMPROVEMENT PROJECT FROM ROCKY SHORE DRIVE TO FIRST AVENUE WITH THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CORALVILLE. WHEREAS, the City of Iowa City, Iowa, has negotiated and approved a preconstruction agreement with the Iowa Department of Transportation and the City of Coralville, Iowa; and WHEREAS, the City of Iowa City, Iowa has negotiated an addendum to the preconstruction agreement with the Iowa Department of Transportation and the City of Coralville, Iowa, a copy of said agreement being attached to this resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the interest of public safety to enter into said addendum to the preconstruction agreement with the Iowa Department of Transportation and the City of Coralville, Iowa, for paving improvements of Iowa Highway 6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Addendum attached hereto is approved as to form and content and is in the public interest. 2. The Mayor and City Clerk are hereby authorized and directed to execute the addendum to the preconstruction agreement with Iowa Department of Transportation and the City of Coralville, Iowa, attached hereto. It was moved by Novick and seconded by adopted, and upon roll call there were: AYES: X X X X X X X Passed and approved this 6th Baker the Resolution be NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton day of January , 1994. r MAYOR /) App ve by ATTEST: �I�.u��.i �f�•-i�?Lc% CIT CLERK tity Attor6Office pwadmWpmconst.ms /�/� 0 STAFF ACTION NO. 3--fy �( ADDENDUM TO PRECONSTRUCTION AGREEMENT 92-16-063 County Johnson Cities Iowa Citv/Coralville Project No. STP -6-7(41)--2C-52 Iowa DOT Addendum No. 93-A-139 IT IS AGREED between the State of Iowa, Iowa Department of Transportation (herein DOT), Highway Division and the Cities of Iowa City/Coralville in Johnson County, Iowa, (herein CITIES) in accordance ' with.Iowa Code Sections 28E.12 and 306A.7 as follows: 1. The CITIES and DOT propose to develop and construct a project for reconstruction of U.S. 6 from 1st Avenue in Coralville extending easterly to Rocky Shore Drive in Iowa City. 2. The CITIES and DOT previously executed Agreement 92-16-063 for construction of the above referenced project. Ccralville, City, and the DOT signed said Agreement on November 20, November 26, and December 23. 1991, respectively. 3. Paragraph 2 of Section No. 1 on Page No. 1 of previously executed Agreement 92-16-063 (see Section No. 2 above) states that "access rights will be acquired" within the project limits. It has now been determined that access rights will not be acquired. The CITIES will instead use their police powers and will enact ordinances specifying access locations prior to completion of the project. The proposed access locations are show-. on Exhibit A attached. One access location into the University of Iowa property along the south side of U.S. 6 will also be constructed as part of this project. The CITIES agree that no alterations of or additional access locations shall be allowed within the project limits without the prior written authorization of the DOT. 4. The DOT will reimburse the City of Coralville 552,000 for design consultant fees incurred prior to consultant selection approval. _. The City of Iowa City will prohibit access off Rocky Shore Drive into the property located at the northwest corner of U.S. 6/Rocky Shore Drive/Hawkins Drive intersection. 0 6. The DOT also proposes to construct sidewalk along both sides of U.S. 6 as part of this project at no cost to the CITIES. 7. If the CITIES request landscaping, street lighting and/or decorative sidewalk as part of this project, the costs will be nonreimbursable. The CITIES will therefore be responsible for 100% of the actual cost of said items from sources other than the Primary Road Fund. 8. Longitudinal and outlet storm sewer constructed as part'of this project will serve two separate drainage areas. Location of the split in drainage is at approximately. mainline Station 36+50. These drainage areas will hereafter be referred "to as "west drainage" and "east drainage" respectively. The following storm sewer related items will serve the "west drainage" and will be charged 81% to the City of Coralville as participating storm sewer: Estimate of Ouantities 87 L.F. 21" Storm Sewer 494 L.F. 24" Storm Sew6r 287 L.F. 30" Storm Sewer 331 L.F. 36" Storm Sewer 136 L.F. 54" Storm Sewer (2) RA -1 Manholes (1) RA -2 Manhole (1) RA -29 Manhole Estimated Total $72,918 81% Coralville $59,064 The following storm sewer related items will serve the "west drainage" and will be charged 100% to the City of Coralville (no DOT water in system): Estimate of Quantities 456 L.F. 18" Storm Sewer 42 L.F. 24" Storm Sewer (1) RA -5 Intake (3) RA -3 Intakes (3) RA -6 Intakes (4) R4-9 Intakes Estimated Total $35,192 100% Coralville 3 The following storm sewer related items will serve the "east drainage" and will be charged 1.4% to the City of Coralville as Participating storm sewer: Estimate of Quantities 220 L.F. (33' x 53') Elliptical Storm Sewer 80 L.F. 48" Storm Sewer 36 L.F. 84" Storm Sewer (2) Special Manholes Estimated Total $86,680 .1.47a Coralville $ 1,214 The following storm sewer related items will serve the "east drainage" and wirl be charged 96.2% to the -City of Iowa City as participating storm sewer: Estimate of Quantities 80 L.F. 48" Storm Sewer 36 L.F. S4" Storm Sewer 136 L.F. 36" Storm Sewer 220 L.F. (83' x 53') Elliptical Storm Sewer (2) Special Manholes Estimated Total 394,296 96.27o Iowa City $90,700 Storm sewer reimbursement by the CITIES will be made upon completion of construction and proper billing by the DOT. Actual reimbursement by the City of Coralville (estimated at $95,470) and the City of Iowa City (estimated at 390,700) will be determined by the quantities in place and the accepted bid at the contract letting. 9. The CITIES shall comply with all provisions of the equal employment opportunit}• requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required b} Iowa Code Chapter 601A. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion or disability; be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the CITIES receives State funds from the DOT. C 4 10. Previously executed Agreement 92-16-063 will remain in effect except as amended herein. 11. If any section, provision, or part of this Addendum shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional. 12. This Addendum may be executed in two counterparts, each of which so executed shall.be deemed to be an original. 5 IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 93-A-139 as of the date shown opposite its signature below. CITY OF IOWA CITY BY: 2t� a-vf • c SCirtu¢r n �n , 19V Mayor -� Date CITYTOF CORALfILLE We the above signed, hereby certify that the signatures contained herein, are authorized by and on behalf of the governing authorities as parties to this Addendum. IOWA DEPARTMENT OF TRANSPORTATION 41 :�le 444c� BY L ge F. Si son Deputy Director -Development Highway Division ATTEST: BY OF/I" 199 Date Entrance Drive Locations U. S. Highway No. 6 - Coralville, Iowa ZNM Associates Jiffy Lube Capital Investments of Iowa City Heartland Inn Capital Ventures Co. China Gardens State of Iowa University of Iowa 43+87.3 RT 45' Joint 38+19.6 LT 28' ' The stationing refers to Primary U.S. Highway No. 6 original design centerline stationing. Revised 01-12-94 EXHIBIT A Entrance Drive Centerline Property Owner Business Location Side Width Remarks Nancy E. Riley Vacant Lot Tom Riley Law Office 28+78.6 RT 41' Joint Wig & Pen Thomas D. & Vera L. Lepic Alamo Motel 31+00.3 RT 28' David W. Steckling Trust Solid Rock Christian Church Apartments 33+31.3 RT 28' Joint Boubin Mufflers & Brakes 35+29.6 RT 41' Joint Ellis T. Levitt Trust Long John Silvers Donutland U.S.A. Ltd. Donutland 37+00.3 RT 28' Jon P. Hulting Car Wash 38+19.6 RT 28' Joint 39+95.4 RT 45' Joint ZNM Associates Jiffy Lube Capital Investments of Iowa City Heartland Inn Capital Ventures Co. China Gardens State of Iowa University of Iowa 43+87.3 RT 45' Joint 38+19.6 LT 28' ' The stationing refers to Primary U.S. Highway No. 6 original design centerline stationing. Revised 01-12-94 EXHIBIT A $ rL RESOLUTION NO. 94-10 RESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY REGARDING CERTAIN FINANCIAL OBLIGATIONS INVOLVING THE RECON- STRUCTION OF U.S. HIGHWAY 6 FROM FIRST AVENUE IN CORALVILLE EASTERLY TO ROCKY SHORE DRIVE IN IOWA CITY. WHEREAS, the City of Iowa City, Iowa, is a municipal corporation, with authority to enter into an agreement with other agencies, whether public or private, to carry out the City's govern- mental duties, as provided in Chapter 28E, Code of Iowa (1993); and WHEREAS, the City Council deems it in the interest of public safety to construct certain paving and storm sewer improvements on U.S. Highway 6 from Rocky Shore Drive in Iowa City, Iowa, and First Avenue in Coralville, Iowa; and WHEREAS, the City of Iowa City, Iowa, has negotiated and approved a preconstruction agreement with the Iowa Department of Transportation and the City of Coralville, Iowa; and WHEREAS, the Iowa Department of Transportation now proposes an addendum to said agreement which does not provide an equivalent level of financial assurances as the original agreement; and WHEREAS, the City of Coralville proposes a Chapter 28E Agreement between the City of Iowa City, Iowa and the City of Coralville, Iowa, in which the City of Coralville provides the financial assurances absent from the IDOT's addendum. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized to execute the Chapter 28E Agreement with Coralville, Iowa, attached hereto and incorporated by reference herein, and said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to forward the Resolution and Agreement to Coralville, Iowa for execution and recording in the Offices of the Johnson County Recorder and the Iowa Secretary of State. It was moved by Nnv; rk and seconded by Thrngmnrtnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ Baker _ Horowitz Kubby _X Lehman X Novick X Pigott X Throgmorton ro Resolution No. 94-10 Page 2 Passed and approved this 6th day of Januar , 1994. MAYOR —� fit, Appr ved by ATTEST: / (�,✓ ��e� CIT?'CLERK ity Attorney's Office pmdminlroadimpr.re CHAPTER 2SE AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY REGARDING CERTAIN FINANCIAL OBLIGATIONS INVOLVING THE RECONSTRUCTION OF U.S. HIGHWAY 6 FROM FIRST AVENUE IN CORALVILLE EASTERLY TO ROCKY SHORE DRIVE IN IOWA CITY THIS AGREEMENT, made by and between the City.of Coralville, Iowa, a municipal corporation, hereinafter referred to as "Coralville", and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "Iowa City", pursuant to Chapter 28E of the Code of Iowa, regarding certain financial obligations involving the reconstruction of U.S. Highway 6 from First Avenue in Coralville easterly to Rocky Shore Drive in Iowa City. WHEREAS, Coralville and Iowa City together w;_th the Iowa Department of Transportation (hereinafter referred to as DOT) have heretofore entered into a PRECONSTRUCTION AGREEMENT for the above captioned Highway 6 improvement with said agreement having been prepared ty DOT bearing Agreement No. 92-16-063 (Project No. HES-6-7(41)--2F-52) consisting of five typewritten pages plus Exhibits A and B attached thereto; and WHEREAS, Coralville as lead agency has received from DOT and executed an ADDENDUM TO PRECONSTRUCTION AGREEMENT 92-16-063 bearing Addendum No. 93-A-139 (Project No. STP -6-7(41)--2C-52) consisting of five typewritten pages plus Exhibit A attached thereto which row requires execution by Iowa City; and WHEREAS, Iowa City is requesting and requirin3 certain assurances and safeguards from Coralville before executing said Addendum. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. PURPOSE. The purpose of this Agreement is to allow Iowa City to specifi=ally fix certain of its financial responsibilities under the Addendum to Preconstruction Agreement and to provide that Coralville will pay for any costs or expenses in excess thereof. 2. CONSIDERATION. The mutual consideration herein is the proceeding witr the improvement project and Iowa City's execution of said Addendum. Further, it is noted that no separate legal entity is created by this Agreement and the City ^ouncil of each city will administer each city's duties hereunder. /0 =M= 3. RESPONSIBILITY -IOWA CITY. It shall be tha responsibility of Iowa City to pay the sum of $90,.700.00 for the storm sewer improvement as set forth on page 3 of the Addendum plus the actual -cost for the 12 -inch water main to be installed in the Highway 6 right-of-way from Iowa City's west corporate limit easterly to the west right-of-way of Rocky Shore Drive plus $16,000.00 for flood proofing of the storm sewer system. Iowa City shall pay said amounts to Coralville within thirty (30) days of written demand therefore which shall not be prior to the project engineer's recommendation of acceptance of each improvement. 4. RESPONSIBILITY-CORALVILLE. It shall be the responsibility of Coralville to hold harmless and indemnify Iowa City from any and all claims which may arise from consolidation and/or reconfiguration of access to properties abutting the project known as "The Reconstruction of U.S. Highway 6 Between First Avenue it Coralville Easterly to Rocky Sbo_e Drive in Iowa City." 5. UNDEPSTANDING. It is understood by the parties hereto that unless specifically modified herein the prior Preconstructior Agreement and Addendum to Preconstruction Agreement will remain binding and in full force aqui effect. 6. FILING. This Agreement shall be filed with the Secretary of State and recorded in the Office of th; ..Johnson County Recorder as required by Section 28E.8 of '.h(:.Code of Iowa. Dated this 6 4-4 day of January, 1994. CITY Allan Axeen, ATTEST: a ) J""-) Arlys Ha am, City Clerk CITY OF IOWA CITY B�� Gh y saSu n M. Horwitz, Mayor ATTEST: JCI tett mac/ 9�Lt/ Marian R. r:arr, City Clerk - 3 - * * * * * * * * STATE OF IOWA, JOHNSON COUNTY,ss: �S On this day of Janaury, 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Allan Axeen and Arlys Hannam, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Coralville, Iowa; a municipal corporation; 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 passed by Resolution of the City Council and Allan Axeen and Arlys Hannam acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. DONALD L DIEHL MY COMMISSION EXPIRES ZIA I September 30, 194 Notary Public, State of -Iowa STATE OF IOWA, JOHNSON COUNTY,ss: On this --(0 +4 day of January, 1994, before me, the undersigned, a Notary Public in and for the Sta,e of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally knoHn, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; a municipal corporation; that the sea?_ 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 pressed by Resolution of the City Council and Susan M. Horow=.tz and Marian K. Karr acknowledged the execution of the instrunenr to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. sm,d of r�� Notary Public, Stic',-e of Iowa it 1061 �' 4 e - RESOLUTION NO. 94-11 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: R. T.'s — 826 S. Clinton It was moved by Novick and seconded by Throemorton that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman Y Novick x Pigott X Throgmorton Passed and approved this 18th day of January . 1 99,L.• ATTEST: CI�CLFRK Wanceprm.res MAYOR .., .. 7Jt./ r �1 RESOLUTION NO. 94-12 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LOAN EXECUTED FOR PROPERTY LOCATED AT 314 SOUTH GOVERNOR STREET, IOWA CITY, IOWA. WHEREAS, on December 19, 1986, the property owners of 314 S. Governor Street, Iowa City, Iowa, executed a Rental Rehabilitation Lien in the amount of $7,000 in exchange for a no -interest, declining balance loan; and WHEREAS, under the terms of the loan agreement, $4,800 of the Principal was forgiven by the City; and WHEREAS, $2,800, the balance due under the loan agreement, was paid in full on January 11, 1994. 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 affected property from an obligation of the property owners at 314 S. Governor Street to pay to the City the principal amount of $7,000, which obligation was recorded in Book 905, Pages 226-228 of the Johnson County Recorder's Office. It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott Throgmorton Passed and approved this 18th day of January , 1994. ATTEST:�� CITLERK ppd.h M3148ovm m ✓/ vdC1�YL /h - �� MOOR Approved by C 0 0OL, City Attorney's Offic / — / 3 —75/ is RELEASE OF LIEN The City of Iowa City does hereby release the following property: Beginning at a point 150 feet North of the Southwest corner of Out Lot One (1) in Iowa City, according to the recorded platthereof, running thence East 155 feet, thence North 40 feet, thence West 155 feet, thence South 40 feet to the place of beginning. from an obligation of the property owners of 314 S. Governor Street to the City of Iowa City in the principal amount of $7,000 represented by a Rental Rehabilitation Loan recorded in the Office of the Johnson County Recorder's Office on December 29, 1986, in Book 905, Pages 226-228. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. Attest: �aJ P(�. f�fw.r�✓ City -Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY) CITY OF IOWA CITY By. SLI cAGt_y�'` Mayor Approved by: City Attorney's Offi / -/3-9>/ On this IT day of Janua.4 1984, before me, S0,1d,-r_L a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 (erdirran e) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the 17 k dayofd 19�, and that Susan M. Horowitz and Marian K. Karr acknowledged tl a execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 5a�1d,�id �—b- Notary Public in and for the State of Iowa ppdmhab%314govnr.m1 1A RESOLUTION NO.94_1 1 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT 1531 PLUM STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a certain Conditional Occupancy Loan executed by the owner of the property located at 1531 Plum Street on July 9, 1993, and recorded July 23, 1993, in Book 1585, Pages 289-300 in the Johnson County Recorder's Office covering the following -described real estate: Lot One Hundred Eighty-nine (189) in Part Five, Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 2, Page 77A, Plat Records of Johnson County, Iowa; and WHEREAS, the current balance of said loan is $2,180; and WHEREAS, Hills Bank and Trust Company, Johnson County, Iowa, proposes to loan the sum of $60,000 on a promissory note to be executed by the owner of 1531 Plum Street, securing a mortgage covering the real property described above; and WHEREAS, it is necessary that the City subordinate its rehabilitation loan to the lien of the proposed mortgage in order to induce Hawkeye State Bank to make such a loan; and WHEREAS, Hills Bank and Trust Company has requested the City to execute the attached Subordination Agreement thereby making the lien held by the City subordinate to the lien of mortgage to Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure said conditional occupancy loan as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to execute and the City Clerk to attest the Subordination Agreement between the City of Iowa City and Hills Bank and Trust Company of Iowa City, Johnson County, Iowa, which is attached hereto. /3 It was moved by Nnvirk and seconded by Throemorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Baker Horowitz Kubby X Lehman X Novick X Pigott % Throgmorton Passed and approved this 1 8th day of January , 1994• ATTEST:tua. � 7f CITY CLERK ppdmhah11531 plum. res MOR 1 Approved by City Attorney's Office 1—r3 -9y 13 SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and p/;ils 34�kw Trust G of herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ �, r ¢d ' and was executed by Shnrar [ • wrrg id - (herein the Owner), dated �SNly 9 , 1993 , recorded a3 . 19g3� in Book lSsfs Page .2 V3 Johnson County Recorder's Office, covering the following -described real property: Lot one hundred eighty-nine (189) in Part Five, Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 2, page 77A, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ Gc, ccv= on a promissory note to be executed by the Financial Institution and the Owner, 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 rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be 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 rehabilitation loan 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 rehabilitation loan of the City. 6 SUBORDINATION AGREEMENT Page 2 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 a3 ; day of Ac_ML_ CITY OF IOWA CITY By ,% Th , M yor Attest: City Clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) 1993 . FINANCIAL I STITUTION BY Steve Gordon, 2nd Vice President Tim D. Finer, Vice President �l On this _day of„v�y 199, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared S x„ m. �6kj; z and Marian K..Karr, to me personally known, and, who, being by me duly swom, did say 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. 94-13 passed (the Resolution adopted) by the City Council, under Roll Call No. ---� of the City Council on the / S �` day of Z_chI Grp —,19 l!F and that Suss,, m 4,,,,,;47__ and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. smld�_ �rn� Notary Public in and for the State of Iowa STATE OF IOWA, ) ) SS: JOHNSON COUNTY ) On this 23rd day of December . A.D. 19__L3. before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Steve Gordon -and Tim D. Finer , to me personally known, who 13 SUBORDINATION AGREEMENT Page 3 being by me duly sworn, did say that they are the 2nd vice President and Vice President , respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that said instrument was signed and sealed on behalf of said corporationb� authority of its Board of Directors; and that the said Steve Gor on and Tim D. Finer 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. n`:ngXs br_Pin.agm Notary Public in and fort State of Iowa Carol S. Fritz Commission Expires: 9/29/95 13 'P 6A RESOLUTION NO. 94-14 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT 435 OAKLAND AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a certain Promissory Note executed by the owner of the property located at 435 Oakland Avenue on December 22, 1989, and recorded January 12, 1990, in Book 1100, Page 107 in the Johnson County Recorder's Office covering the following -described real estate: Lot 43 in Oakes Third Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 28, Plat Records of Johnson County, Iowa; and WHEREAS, on October 10, 1990, the Parties amended the Promissory Note The amended Note was recorded September 26, 1991, in Book 1282, Page 283 in the Johnson County Recorder's Office; and WHEREAS, the current balance of the loan is $2,640; and WHEREAS, Iowa State Bank and Trust Company, Johnson County, Iowa, proposes to loan the sum of $62,400 on a promissory note to be executed by the owner of 435 Oakland Avenue, securing a mortgage covering the real property described above; and WHEREAS, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the proposed mortgage in order to induce Hawkeye State Bank to make such a loan; and WHEREAS, Iowa State Bank and Trust Company has requested the City to execute the attached Subordination Agreement thereby making the lien held by the City subordinate to the lien of mortgage to Iowa State Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure said Life Lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to execute and the City Clerk to attest the Subordination Agreement between the City of Iowa City and Iowa State Bank and Trust Company of Iowa City, Johnson County, Iowa, which is attached hereto. 1� Resolution No. 94-14 Page 2 It was moved by Novick and seconded by Throemorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick _x Pigott Throgmorton Passed and approved this 18th day of January , 1994. ATTEST: ///��z,,� ) 7e 7e CLERK ppdmhab1435oak1d.rea .i OApproved by - vrqA410�- L; City Attorney's Offic�y _ /4 SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa state Bank & Trust Company of Iowa City, Iowa herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 2, 640. o0 and was executed by Lorene Michelle Hunter (herein the Owner), dated September 26 . 19 91 , recorded September 26 . 19 9 J in Book 1zs2 . Page 283 . Johnson County Recorder's Office, covering the following -described real property: Lot forty-three (4'3) in Oakes Third Addition to Iowa City, Iowa, according to the recorded plat thereof in Plat Record 2, page 28, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ 62,400.00 on a promissory note to be executed by the Financial Institution and the Owner, 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 rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be 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 rehabilitation loan 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 rehabilitation loan of the City. /J� SUBORDINATION AGREEMENT Page 2 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 � day of J 19 t4 - CITY OF IOWA CITY FINANCIAL INSTITUTION By I-/,— By, "� ayor ra A. Brossart, Snc / / e � i Attest: CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this I&-.4.4 day of T �_� 199fi before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 3�s , m . -H .ow;+z and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say 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 (Grdinanee}(Resolution) No. y9- i -V passed (the Resolution adopted) by the City Council, under Rall Call No. of the City Council on the 18 xk day of Q s , 19-2±. and that SvsG., m, fl w kz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary art and decd of the LOmorafon by it c!untanly executed. Sm�ra Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 4th day of January , A.D. 19 94 . before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Gerald A. Brossart and Kent L. Jehle , to me personally known, who /4 SUBORDINATION AGREEMENT Page 3 being by me duly swam, did say that they are the second vice -President and Senior vice -President , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Gerald A. Brossart and Kent L. Jehle 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. nVnpVubrdnm.agm At" / QA/nnm'�� Notary Public in ahsl for the State of Iowa LOLOHI L JOHNSON /4 Plas dVI- RESOLUTION NO. 94-15 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF AN AGREEMENT FOR WATER MAIN EXTENSION FOR ROCHESTER HEIGHTS SUBDIVISION. WHEREAS, the owners of property now known as Rochester Heights Subdivision, Lots 1 - 20, executed an Agreement for Water Main Extension dated August 30, 1983; and WHEREAS, under the terms of the Agreement, the owners agreed to pay a portion of the cost of installing a water main to serve the property in consideration for the City installing the main; and WHEREAS, the City installed the water main to serve Rochester Heights; and WHEREAS, on May 2, 1991, the subdivider, E.L.H. Ltd., paid the required fee totalling $7,725.38; and WHEREAS, the City acknowledged receipt of the payment by letter but did not issue a formal release; and WHEREAS, the lack of a formal release has given rise to a title objection; and WHEREAS, the Release would remove the cloud on the title to Lots 1-20, Rochester Heights Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to execute and the City Clerk to attest a Release of the Agreement for Water Main Extension. It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: X X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 15 Passed and approved this 18th day of January 1994. MAYOR �Approved by ATTEST: Clitecr J 2 ./, 5t�2,/ ax44 6c3a, CITY CLERK City Attorney's Office e _ J'/ /5 Re& iz-)42 RESOLUTION NO. 94-16 RESOLUTION ACCEPTING THE WORK FOR THE SOUTH SYCAMORE SANITARY TRUNK SEWER PROJECT. WHEREAS, the Engineering Division has recommended that the improvements covering the South Sycamore Sanitary Trunk Sewer Project as included in a contract between the City of Iowa City and Weber Mid -State Construction, of Springville, Iowa, dated July 7, 1992, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Nmri rk and seconded by T4regmo-�an the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker _y Horowitz _x g Kubby g Lehman g Novick X Pigott Throgmorton Passed and approved this 18th day of January , 1994. ATTEST: a�� CIT LERK pweng\weber.ms MAYOR App oved by �i y Attorney's Office /6 �S �O Rescinded )3Lj 9* - Pit. RESOLUTION NO. 94-17 RESOLUTION ESTABLISHING FEE FOR COMMERCIAL PESTICIDE APPLICATION REGISTRY. WHEREAS, the City Council of Iowa City, Iowa did, on January 18. 1994 adopt Ordinance No. 94- 3607 , which governs commercial pesticide application; and WHEREAS, Section 34-80 of said ordinance provides that every commercial applicator who applies pesticides to outdoor properties within the City of Iowa City shall first register with the City; and WHEREAS, Section 34-80 of said ordinance requires that fees for said permits be established by resolution of City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following fee schedule for Commercial Pesticide Application Registry: $5.00 per year, expiring January 31 of each year. The price includes one (1) copy of the registry per year, per company. Additional copies of the registry will be available at the city's actual print cost. It was moved by Kt,bby and seconded by v,,,j s14 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby Lehman Novick X Pigott X Throgmorton Passed and approved this 18th day of January , 1994. derkWgistry.res 44-4,z� ��. t MAYORApproved by / City Attorney's Office r7 \A Py � A, P, RESOLUTION NO. 94-18 RESOLUTION AUTHORIZING APPLICATION FOR GRANT MONIES FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS TO ASSIST MOORE BUSINESS FORMS' EXPANSION AND AUTHORIZING CITY PARTICIPATION IN THE FORM OF A $100,000 LOAN. WHEREAS, the Iowa City Community Economic Betterment Account (CEBA) program provides loans to cities to promote economic development and create long-term employment opportunities; and WHEREAS, it is in the public interest to use State funding to encourage economic development in Iowa City, Iowa; and WHEREAS, the City of Iowa City desires to apply for and obtain $300,000 in CEBA funding from the Iowa Department of Economic Development in the form of a forgivable loan, in order to assist in the expansion of the Moore Business Forms facility in Iowa City, Iowa; and WHEREAS, it is necessary to provide a local contribution in the amount of $100,000 in order to obtain a competitive CEBA; and WHEREAS, the City has the authority to provide financial assistance for promotion of economic development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to encourage economic development by the City of Iowa City, as applicant, and Moore Business Forms as the business, applying for CEBA funding. 2. The Mayor and City Clerk are hereby authorized to make formal application for financial assistance to the Iowa Department of Economic Development for Community Economic Betterment Account funds in the amount of $300,000. 3. As part of the local contribution necessary for a competitive CEBA, the City Council agrees to loan Moore Business Fortes up to $100,000, such amount to be repaid over five years at zero percent interest. 4. The City Manager is hereby authorized to take any additional actions required by the State Department of Economic Development and the CEBA program in order to secure said funding. IF -2 - It was moved by Lehman and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz x— Kubby X Lehman X Novick X Pigott X Throgmorton Passed and approved this 18th day of January 1994. ATTEST: " CI CLERK ewdmlm bsn.m AYOR Approved by City Attorney's Office,, _, y _ y y 19 \ , Rp& -T, 42 -- RESOLUTION NO. 94-1 9 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1994 SANI- TARY AND STORM SEWER 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. 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. That the amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. That bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 8th day of February, 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 15th day of February, 1994, or at such later time and place as may then be fixed. It was moved by Knhhv and seconded by ThroQmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton Passed and approved this 18th day of January , 1994, MAYOR ' Approved b`IJ �/�ATTEST:2)a�.c�.� i� . 7Cw��✓ ��� CITY CLERK CAty Attorney's Office pwenglsewer94.res iy RESOLUTION NO. 94-20 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WHISPERING MEADOWS WETLAND PARK 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. That bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 8th day of February, 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 15th day of Feburary, 1994, or at such later time and place as may then be fixed. It was moved by Pigott and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker x Horowitz x Kubby x Lehman X Novick X Pigott Throgmorton Passed and approved this 18th day of January , 1994. M OR I J Approved by ATTEST: %I�t r ca x� �K •w�� / ///� CI CLERK bity Attorney's Office pweng\whismdws.res ME RESOLUTION NO. 94_91 RESOLUTION REPEALING RESOLUTION NO. 78-9 OF THE CITY COUNCIL OF THE CITY OF IOWA CITY AND APPROVING A NEW RESOLUTION SETTING FORTH RULES OF ORDER FOR THE CONDUCT OF FORMAL COUNCIL MEETINGS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said Council does hereby repeal Resolution No. 78-9 and, in its place, approve Rules of Order for the Conduct of Formal City Council Meetings as follows: A. Order of Business The business of the City Council shall be taken up for consideration in substantially the following order, except as otherwise ordered by the Mayor or City Council: 1. Roll Call 2. Mayor's Proclamations 3. Consent Calendar 4. Public Discussion 5. Planning and Zoning Matters: hearings, recommendations, ordinances and resolutions 6. Other Public Hearings 7. Council Business B. City Manager and City Attorney Business 9. Resolutions 10. Other Ordinances 11. Adjournment B. Content of Consent Calendar Those items on the Agenda which are considered routine will be listed under the Consent Calendar and be enacted by one motion, with a roll call vote. If the Mayor, a Council member or a citizen specifically requests that any of the items be considered separately, these items will be removed and considered later on the Agenda. It was moved by pigott and seconded by Til the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X_ Baker X— Horowitz X Kubby X Lehman X Novick X— Pigott 3r Throgmorton Resolution No. 94-21 Page 2 Passed and approved this 18th day of January , 1994. Approved by ATTEST: CIT CLERK Cit Attorney's Office O clerk\mlesord.res al RESOLUTION NO. 94-22 RESOLUTION RESCINDING RESOLUTION NO. 93-335 APPROVING A CHAPTER 28E AGREEMENT WITH JOHNSON COUNTY, IOWA CONCERNING CERTAIN ROAD MAINTENANCE RESPONSIBILITIES, AS NOT FULLY EXECUTED. WHEREAS, on December 17, 1993, the City Council approved a 28E agreement with Johnson County, Iowa, concerning sharing certain maintenance responsibilities for roads along the newly -annexed and subdivided area known as Windsor Ridge Subdivision; and WHEREAS, certain misunderstandings arose as to the language of the agreement and Johnson County did not execute the agreement; and WHEREAS, another Chapter 28E agreement has been negotiated, as in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No. 93-335, which approved a Chapter 28E agreement between Johnson County, Iowa and the City of Iowa City, Iowa for certain road maintenance purposes, is hereby rescinded since the agreement was never fully executed by the County. 2. The City Clerk is directed to indicate on the agreement that the agreement is "void" and of no force and effect, so as to avoid confusion in the public records. It was moved by Novick and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick V Pigott X Throgmorton Passed and approved this 18th day of January 1994• MAYOR Approved by ATTEST: ` L"'%/� CITY LERK ity Attorney's Office����,� cadataNegaMeagmt.res ME 0r RESOLUTION NO. 94-23 RESOLUTION APPROVING A CHAPTER 28E AGREEMENT BETWEEN JOHNSON COUNTY, IOWA, AND THE CITY OF IOWA CITY FOR CERTAIN ROAD MAINTENANCE PURPOSES. WHEREAS, the City of Iowa City, Iowa is a municipal corporation, with authority to enter into an agreement with other agencies, whether public or private, to carry out the City's governmental duties, all as provided in Chapter 28E, Code of Iowa (1993); and WHEREAS, portions of the following roads need continuous maintenance and repair: American Legion Road from approximately Scott Boulevard easterly to its intersection with Taft Avenue; Taft Avenue from American Legion Road northerly to its intersection with Lower West Branch Road; and Lower West Branch Road from approxi- mately Scott Boulevard easterly to its intersection with Taft Avenue; and WHEREAS, the City has annexed certain territory, which includes a portion of all roads mentioned above, leaving the remaining portions of the road within the county; and WHEREAS, County and City agree that maintenance of the above-mentioned roads is beneficial and necessary to the public's use thereof, as well as to the enjoyment of the abutting property owners; and WHEREAS, County and City desire to set forth their equitable shares and their respective duties and costs associated with maintenance of said roads, as specifically contemplated in Chapter 28E, Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized to execute the Chapter 28E agreement with Johnson County, Iowa, which is attached hereto and incorporated by reference herein, and said agreement is hereby approved as to form and content, and is found to be in best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to forward a certified copy of this resolution, with the executed agreement attached, to the Johnson County Auditor for recordation in the Johnson County Recorder's Office and the Secretary of States' Office, as required by Chapter 28E, Code of Iowa (1993), and to request a copy of the returned recorded document for permanent file as maintained by the City Clerk. FIN Resolution No. 94-23 Page 2 It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this 18th NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton day of January , 1994. MAYOR Approved by' ATTEST: �1T CLERK C ty Attorney's Office cadatallogalljoco23e.mv y' 28E AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND THE CITY OF IOWA CITY FOR CERTAIN ROAD MAINTENANCE PURPOSES THIS AGREEMENT is entered into pursuant to Chapter 28E, Code of Iowa (1993) by Johnson County, Iowa (hereafter "County") and the City of Iowa City, Iowa (hereafter "City"). WHEREAS, portions of the following roads need continuous mainte- nance and repair: American Legion Road from approximately Scott Boulevard easterly to its intersection with Taft Avenue; Taft Avenue from American Legion Road northerly to its intersection with Lower West Branch Road; Lower West Branch Road from approximately Scott Boulevard easterly to its intersection with Taft Avenue; and WHEREAS, City has annexed certain territory which includes a portion of all roads mentioned above, leaving the remaining portions of the roads within the County; and WHEREAS, County and City agree that maintenance of the above- mentioned roads is beneficial and necessary to the public's use thereof as well as to the enjoyment of the abutting property owners; and WHEREAS, County and City desire to set forth their equitable shares and their respective duties and costs associated with maintenance of said roads, as specifically contemplated in Chap- ter 28E, Code. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, County and City agree as follows: 1. Division of Maintenance Responsibility. a. County will maintain as gravel roads: 1) All of Taft Avenue from American Legion Road nor- therly to its intersection with Lower West Branch Road; and 2) All of Lower West Branch Road from approximately Scott Boulevard easterly to its intersection with Taft Avenue. -1- EQ b. City will maintain as a paved road: 1) American Legion Road from approximately Scott Boule- vard easterly to its intersection with Taft Avenue. 2. Reimbursable Costs of Normal Maintenance For those roads for which City and County are respectively responsible under Paragraph 1 above, County and City agree to perform all normal maintenance reasonably necessary for the safe use and enjoyment of said roads. Except for dust con- trol and chip seal, "normal maintenance" includes, but is not limited to, gravel surfacing, asphalt overlay, full depth pavement patching, blading, snow removal, brush and weed control, traffic/control signage (which must be done accord- ing to the Manual on Uniform Traffic Control Devices), ditch cleaning, pothole patching, shoulder maintenance, and pave- ment marking. However, City and County agree that all such normal mainte- nance for said roads listed in Paragraph 1 shall be deemed "reimbursable claims" if the costs exceed $7,000 per mile and $2,000 per bridge crossing or culvert crossing, as follows: a. Prior to undertaking the work, the party respon- sible for the work as outlined in Paragraph 1 above shall first seek, and obtain, approval from the other party. City and County specifically agree that such approval shall not be unreasonably with- held. b. Upon obtaining approval and upon completion of the work, the responsible entity, as set out in Para- graph 1, shall submit a written claim to the other party, requesting reimbursement for those amounts exceeding $7,000 per mile and $2,000 per bridge crossing or culvert crossing, itemizing the work performed and date completed. C. The party receiving the claim shall pay said claim in a timely manner. d. This agreement neither pertains to nor governs reconstruction or new construction work, nor any other work not described herein. -2- M e. Dust control For roads for which it assumes maintenance respon- sibility pursuant to Paragraph 1(b), City will pro- vide dust control according to city standards. For roads for which it assumes maintenance respon- sibility pursuant to Paragraph 1(a), County will provide dust control according to existing county policy, which is to require advance payment for chip seal or dust control, pursuant to written contract, by citizens who request it. 3. Nothing herein is intended to alter the City and/or County's ultimate responsibility for their own rights-of-way, includ- ing liability for third party claims. Nor is this 28E Agree- ment intended to create any third -party benefits, but rather is intended as an efficient way to maintain the quality of life for both rural and urban living, and thereby protect the public interest during transition from rural to urban devel- opment as land is annexed into the City. 4. Permits. The political subdivision within which the road right-of-way is located shall be responsible for issuing drive and utility permits. City shall be responsible for issuing all permits related to the Windsor Ridge Development. 5. Speed Limits. Speed limits shall be established by mutual agreement between the City and County and adopted jointly by ordinance. 6. Municipal Utilities. On the roads listed herein and upon review and approval of the County Engineer, the County hereby grants to the City the use of County right-of-way for the installation and mainte- nance of City -owned utilities, which approval shall not be unreasonably withheld. The County is neither responsible nor liable for the installation or maintenance of City -owned utilities located within County rights-of-way. -3- a3 7. Notices. Any notice by County to City is effective by ordinary mail addressed to; Director of Public Works City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Any notice by City to County is effective by ordinary mail addressed to: Johnson County Engineer Johnson County Secondary Roads Dept. 4810 Melrose Avenue West Iowa City, Iowa 52240 8. Duration of Agreement. This Agreement is effective upon the date of execution and shall remain in effect for a period of three (3) years or until it is cancelled or modified by joint agreement of the Johnson County Board of Supervisors and the Iowa City City Council, except: a. Annexation or de -annexation of land by the City which includes any portion of the roads listed herein shall require renegotiation of this Agree- ment. b. Extension of Court Avenue to Taft Avenue shall require renegotiation of this Agreement. 9. Recordation. This Agreement shall be recorded in the Johnson County Recorder's Office and Secretary of State's Office, as pro- vided by Chapter 28E, Code of Iowa (1993), with each party sharing one-half of the recording costs. -4- Executed with the approval and on behalf of the Johnson County Board of Supervisors and the Iowa City City Council this 18th day of January 1994. JOHNSON COUNTY -Stephen P. Lacina, Chairperson Johnson County Board of Su erviso Attest: /6+- Pq CITY OF IOWA CITY P 'Susan M. Horowitz, Ma r City of Iowa City Approved by: C ty Attorney's Office ///f-�4 .�3 City's Acknowledgement STATE OF IOWA JOHNSON COUNTY On this r$ day of Jw�a�H , 1994, before me, arx,4 3F;e4- " , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 the City of Iowa City, Iowa; that the seal affixed to the fore- going instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corpo- ration, by authority of its City Council, as contained in (-erdi- nanee) (Resolution) No. 14-613 passed (the Resolution adopted) by the City Council, under Roll Call No. -----of the City Council on the /,T_1_1 day of f1 , 1994, and that Susan M. Horowitz and Marian K. Ka r acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it volun- tarily executed. for the Sta County's Acknowledgement STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this f5 day of TgpUOrU. , 1994, before me, Qatic4 5 breilx Notary Public in and for the State of Iowa, personally appeared Stephen P. Lacina and Tom Slockett, to me personally known, and who, being by me duly sworn, did say that they are the Board of Supervisors Chairperson and County Auditor, respectively, of Johnson County, 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 Board of Supervisors, as contained in a motion approved by the Board on the f3 day ofS a 1994, and that Stephen P. Lacina and Tom Slockett knowledged the execution of the instru- ment to be their voluntary act and deed and the voluntary act and deed of the corporation, bvoluntari WySCHREMM WWCYQpII i 14"s I= and 1=;3 RESOLUTION NO. 94-24 RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR AN ECONOMIC DEVELOPMENT ADMINISTRATION SPECIAL DISASTER RECOVERY GRANT FOR THE PURPOSE OF FUNDING A PROJECT TO ELEVATE NORTH DUBUQUE STREET WHEREAS, Economic Development Administration (EDA) special disaster recovery grants provide funding assistance to cities for projects that limit economic losses caused by flooding; and WHEREAS, the recurring flooding of North Dubuque Street negatively impacts the economic well-being of the community; and WHEREAS, the City of Iowa City desires an EDA special disaster recovery grant to assist in a project to elevate North Dubuque Street; and WHEREAS, the EDA special disaster recovery grant application process requires the City to submit a proposal brief which describes the proposed project and its economic benefits; and WHEREAS, the EDA special disaster recovery grant program requires Iowa City to provide a twenty-five percent (25%) local match for funding the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is hereby authorized to prepare a proposal brief and to submit the brief to the Regional Community Economic Recovery Coordinator (CERC) for the purpose of obtaining funding for a project to elevate North Dubuque Street. 2. The City of Iowa City commits to providing a twenty-five percent (25%) local match for the project. 3. The City Manager is hereby authorized to take any additional actions required by the Economic Development Administration and the EDA special disaster recovery grant program in order to secure funding for the North Dubuque Street project. It was moved by Baker -and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Baker g Horowitz X Kubby x Lehman x Novick g Pigott g Throgmorton 0 Resolution No. 94-24 Page 2 Passed and approved this 18th day of January 1994• MAYOR Approved b� ATTEST: CITY CLERK C ty Attorney's Office / 9 eccdev\edagrant.ree cj�\a RESOLUTION NO. 94-25 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: One -Eyed Jake's - 18-20 S. Clinton Street It was moved by Xubby and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: Lehman that the Resolution ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 1st day of February 1994 �i • — fAAYOR App ved by r ATTEST: IT-CLEr'I.K ity Atto Key Of ice Wanceprm.res ZS RESOLUTION NO. 94-26 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR PROPERTY LOCATED AT 919 NORTH GILBERT STREET, IOWA CITY, IOWA. (IP5 sk, WHEREAS, on September 20, 1990, the property owners of 919 North Gilbert Street, Iowa City, Iowa, executed a Promissory Note and a Mortgage to the City of Iowa City in the amount of $7,000 in exchange for a low-interest rehabilitation loan; and WHEREAS, said Promissory Note and Mortgage created a lien against the subject property; and WHEREAS, the balance due was paid in full on January 21, 1994. 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 affected property from an obligation of the property owners at 919 North Gilbert Street, Iowa City, Iowa, to pay to the City the principal amount of $7,000, which obligation was recorded in Book 1177, Pages 137-143 of the Johnson County Recorder's Office. It was moved by g„bhy and seconded by T,Phmnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton Passed and approved this 1st day of February , 1994. ATTEST: CIT CLERK ppdrehab\919ngil b.res MAYOR Approved by d ,a I ri City Attorney's Offic 0 7-9 y RELEASE OF LIEN The City of Iowa City does hereby release the following property: Lot 4, Gilbert Woods Addition, an addition to Iowa City, Iowa, according to the plat thereof recorded in Book 10, page 61, Plat Records of Johnson County, Iowa. from an obligation of the property owners of 919 North Gilbert Street, to the City of Iowa City in the principal amount of $7,000 represented by a Promissory Note and Mortgage recorded in the Office of the Johnson County Recorder's Office on October 17, 1990, in Book 1177, Pages 137-143. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. Attest: ;!- ,) City�elerk STATE OF IOWA ) SS: JOHNSON COUNTY) CITY OF IOWA CITY 1 J /- By: i��1 .r )h - Mayor v Approved by: City Attorney's Office/ 7_yy! On this 1-14-- day of 6, o,, 19J-� , before me, Soryrq Y7or`7 , a Wotary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 (91�) (Resolution) No. 9.q-2(, passed (the Resolution adopted) by the City Council, under Roll Call No.--V-L_ of the City Council on the J 1L day of ��ruark , 19 '54 , and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. a Notary Public in and for the State of Iowa ppdrehab1919nglb.ml Z( RESOLUTION NO. 94-27 45 ?,(--� RESOLUTION APPROVING THE PRELIMINARY PLAT OF DEAN OAKES FOURTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Oakes Construction, Inc., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Dean Oakes Fourth Addition, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Dean Oakes Fourth Addition, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. It was moved by _ Baker and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X Baker X Horowitz X Kubby X Lehman X Novick X Pigott Throgmorton Passed and approved this 1st day of February , 1994. ATTEST: J CIT CLERK, ppaxam mo a k es4. res i M& OR Approved by City Attorney's Office i -a7-9 � Z7 Iz� 13 K RESOLUTION NO. 94-28 RESOLUTION APPROVING FINAL PLAT OF WILD PRAIRIE ESTATES, PART ONE, IOWA CITY, IOWA. WHEREAS, the owner, Kennedy-Hilgenberg Enterprises, filed with the City Clerk the final plat of Wild Prairie Estates, Part One, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa: Commencing at the Southwest Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West, of the fifth Principal Meridian; Thence N00153'42"E, along the West Line of said Southwest Quarter, 374.89 feet, to its intersection with the Centerline of Rohret Road; Thence Northeasterly 152.43 feet, along said Centerline on a 1910.00 foot Radius Curve concave Southeasterly, whose 152.36 foot .chord bears N74145'07"E; Thence N77102'1 6"E, along said Centerline, 827.19 feet, to the Point of Beginning; Thence N12157'44"W, 141.32; Thence N01 142'03"W, 109.10 feet; Thence N13013'45"E, 109.01 feet; Thence N24108'31"E, 147.59 feet; Thence N01 °23'49"E, 412.19 feet; Thence N89131'00"W, 547.51 feet; Thence N30039'15"E, 199.84 feet; Thence S83159'40"E, 308.04 feet; Thence N64052'33"E, 275.75 feet; Thence Southeasterly, 153.35 feet, along a 374.62 foot Radius Curve, concave Southwesterly, whose 152.28 foot chord bears S10°19'31 "E; Thence S01 °24'05"W, 28.97 feet; Thence S88135'55"E, 185.00 feet, to a Point on the Westerly Line of Hunters Run Subdivision—Part Seven, in accordance with the Plat thereof Recorded in Plat Book 32 at Page 176 of the Records of the Johnson County Recorder's Office; Thence S01 024'05"W, 895.01 feet, to a Point on the Centerline of Said Rohret Road; Thence S77102'16"W, along said Centerline, 369.90 feet, to the Point of Beginning. Said Tract of Land Contains 9.84 Acres more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. 17D 'c.E 079 8 Resolution No. . 94-28 Page 2 NOW, THEREFORE, BE IT RESOLVED -BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. It was moved by Novick and seconded by adopted, and upon roll call there were: AYES: X X X X X X X NAYS: Lehman the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 1st day of February 1994. MAYOR - - Approved by ATTEST:2 .% :� 2e_ 2 .� - c-1— CITY-CLERK City Attorney's Office / - 13 _ y i ppdadminlwldpmir.res C®RNRATE SEAL 1'713 ^ct 080 e.�' AK RESOLUTION NO. 94-29 RESOLUTION APPROVING FINAL PLAT OF WILD PRAIRIE ESTATES, PART TWO, IOWA CITY, IOWA. WHEREAS, the owner, Kennedy-Hilgenberg Enterprises, filed with the City Clerk the final plat of Wild Prairie Estates, Part Two, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa: Commencing at the Southwest Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N00153'42"E, along the West Line of said Southwest Quarter, 374.89 feet, to its intersection with the Centerline of Rohret Road, and the Point of Beginning; Thence continuing N00153'42"E, along said West Line, 1406.75 feet; Thence S89006'18"E, 129.99 feet; Thence N00153'42"E, 73.74 feet; Thence S89006'18"E, 320.33 feet; Thence S28151'51"E, 195.83 feet; Thence S30039'1 5"W, 199.84 feet; Thence N89031'00"W, 128.34 feet; Thence S00153'42"W, 749.06 feet; Thence S02117'44"E, 160.43 feet; Thence S12057'44"E, 135.39 feet, to a Point on the Centerline of said Rohret Road; Thence S77102'16"W, along said Centerline 221.44 feet; Thence Southwesterly 152.43 feet along said Centerline on a 1910.00 foot radius curve, concave Southeasterly whose 152.36 foot chord bears S74045'07"W, to the Point of Beginning. Said Tract of Land Contains 11.83 Acres more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easement as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. v,. 1713 nu 109 a 9 Resolution -No. 94-29 Page 2 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. It was moved by Novick and seconded by adopted, and upon roll call there were: AYES: X X X _X X X X NAYS: Passed and approved this i st day of February Lehman ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 1994. MAY % J) Approved by ATTEST: / / / ��— CI�� City Attorney's Office / ppdadmin1wildpr2.ms tr;npo ,E 1713 '�cE 110 a (�__ -1�<, RESOLUTION NO. 94-30 RESOLUTION SETTING FEES AND CHARGES WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS OF PEDICABS AND TAXICABS, AND RESCINDING PRIOR RESOLUTION NO. 92-227. WHEREAS, Chapter 35 of the Code of Ordinances of the City of Iowa City, Iowa, established regulations for taxicab/pedicab and taxicab/pedicab drivers operating within the City of Iowa City; and WHEREAS, Section 35-34 provides that a fee as set by Council resolution be paid by the applicant for issuance of a license or a driver's permit; and WHEREAS, Section 35-32 provides that the applicant for a license must file a motor vehicle operator's liability insurance policy in the office of the City Clerk, in a form approved by the City and with minimum limits as set by City Council resolution; and WHEREAS, Section 35-31 .1 provides that any owner or operator licensed or permitted to do business in Iowa City shall, upon payment of the required fee, be entitled to a stand at a location on City street right-of-way to be designated by the Parking and Transit Director and Traffic Engineer; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following fees are hereby established: For the issuance of a license decal, $25.00 each, for a one-year period, expiring March 1, unless suspended or revoked. A $5.00 fee will be charged for replacement of a license decal. If the City is notified by the insurance carrier of cancellation of insurance, the decal will be removed by the licensee and returned to the City Clerk's office. There will be no refund of the license fee. 2. For the issuance of driver's permit, $7.50 each driver, good for a one-year period or the remaining period of Chauffeur's/Operator's License if under one year. 3. For the issuance of parking stand, $660.00 in CBD zone and $420.00 in outlying areas per year for each stand, expiring March 1. BE IT FURTHER RESOLVED that the minimum limits for motor vehicle operator's liability insurance are to be quoted for all taxicab/pedicab operators as "individual" liability amounts, or in lieu thereof as a "combined" liability amount, said liability minimum amounts to be established at the following limits, with a deductible not to exceed $500: "Individual" Liability Amounts To cover the insured's liability for personal injury or death of one person, as a result of one accident or other cause, Two Hundred Fifty Thousand Dollars ($250,000.00). 30 Resolution No. 94-30 Page 2 To cover the insured's liability for personal injury or death of more than one person as a result of one accident or other cause, Five Hundred Thousand Dollars ($500,000.00). To cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, One Hundred Thousand Dollars ($100,000.00). "Combined" Liability Amount To cover the insured's liability for personal injury or death of one or more persons as a result of any one accident or other cause, and to cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, Five Hundred Thousand Dollars ($500,000.00) combined. BE IT FURTHER RESOLVED that prior Resolution No. 92-227 is hereby rescinded, and this Resolution adopted and approved in lieu thereof. It was moved by Baker and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Baker X Horowitz X Kubby % Lehman x- Novick g Pigott X Throgmorton Passed and approved this 1st day of February 1994. ATTEST: CIT LERK cley0exicab.2s MAYOR Approved by City Attorney's Office �a 3G? RESOLUTION NO. 94-31 RESOLUTION AUTHORIZING EXECUTION OF A SUPPLEMENTAL CONTRACT WITH L.L. PELLING CO. OF IOWA CITY, IOWA FOR THE JEFFERSON STREET IMPROVEMENTS, PART OF THE 1993 ASPHALT RESURFACING PROJECT WHEREAS, at least ninety-five percent (95%) of the 1993 Asphalt Resurfacing Project is satisfactorily complete except for the Jefferson Street improvements; and WHEREAS, state law provides that when at least 95% of a public improvements contract is completed to the City's satisfaction, and yet the work cannot proceed for a period of at least 60 days or more due to conditions beyond the contractor's control, then the contractor may request, and the City may approve, full payment for the completed portion of the work, so long as a supplemental contract is entered into between the City and the contractor, and so long as the contractor's surety agrees that the bond shall remain in full force and effect; and WHEREAS, L.L. Pelling Company of Iowa City, Iowa, as contractor for the 1993 Asphalt Resurfacing Project, has satisfactorily completed at least 95% of the project to the City's satisfaction, and requests payment for the completed portion of the work, as provided by state law; and WHEREAS, the City has negotiated a supplemental contract with L.L. Felling, a copy of which is attached hereto, and has obtained consent from the surety, also attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: The 1993 Asphalt Resurfacing Project has been satisfactorily completed, with only 5 % remaining on the contract, namely the Jefferson Street improvements portion, which by reason of weather cannot proceed for a period of at least 60 days or more from this date, thereby qualifying for entering into a supplemental contract with L.L. Palling Company of Iowa City, Iowa for payment of the completed portion, namely 95%, all as provided by state law, Section 573.27, Code of Iowa (1993). 2. The supplemental contract between L.L. Pelling Company of Iowa City, Iowa and the City of Iowa City, attached hereto and made a part hereof, is hereby approved as to form and content, and is in the public interest. 3. The Mayor and City Clerk are hereby authorized and directed to execute and attest the supplemental contract, for and on behalf of the City of Iowa City. 31 Resolution No. 94-31 Page 2 It was moved by Novick and seconded by adopted, and upon roll call there were: AYES: NAYS: Passed and approved this I Gr day of February Kubby the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 1994. MAYOR Approved by v ATTEST:g ' ./� CITY'CLERI< ity Attorney's Office c:\cadata\legal\jeffstcn. res 31 SUPPLEMENTAL CONTRACT KIND OF WORK Asohalt R surfacing COUNTY _ Johnson nc u e enp[ miles o project CONTRACT NO. PROJECT 1993 Asphalt Resurfacing Project THIS SUPPLEMENTAL AGREEMENT, entered into by and between the City of Iowa City and L.L. Felling Co. of Iowa City, Iowa, hereinafter called "Contractor". WITNESSETH: That the parties to this supplemental agreement have entered into a prior agreement on the 3rd day of August, 1993, which agreement, and all the terms and conditions therein, not heretofore performed, are by reference incorporated herein. That pursuant to the Code of Iowa, the second party has made a request for payment after the completion of at least ninety-five percent (95%) under the original contract. The bondsman has consented that the contractor's bond filed in support of the original contract will remain in full force and effect. Both the said Request and Bondsman's Consent are by reference incorporated herein as though fully set out. That the contractor in consideration of twenty-nine thousand three hundred seventy-four dollars and twenty-one cents ($29,374.21) payable as set forth under the terms of the original contract and specifications, constituting part of this contract, does hereby agree to complete the following work in accordance with the plans and specifications and the original contract: JEFFERSON STREET Item No. Description Unit Est. Quantity Unit Price Extended Amount \ 1 Leveling Course, Type A, 1/2" Mix Tons 270 $30.56 $8,251.20 2 Surface Course, Type A, 1/2" Mix Tons 270 $30.56 $8,251.20 3 Tack Coat Gal. 165 v $.95 $156.75 5 Remove and Replace Curb & Gutter Lin. Ft. 200 x$18.00 $3,600.00 6 Pavement Milling Sq. Yds. 3290 v $2.21 $7,270.90 7 Manhole Adjustment Each 4 $250.00 $1,000.00 15 Cleaning & Preparation of Base Miles .15 '-$2,800.00 $420.00 17 Pavement Markings Sta. 2 \v $212.08 $424.16 TOTAL $29,374.21 That it is further agreed by the parties to this supplemental contract that the above work shall be commenced on or before the 16th day of May, 1994, to be completed no later than June 13, 1994, and the amount of liquidated damages, if any, will be determined under the terms of the original contract and by considering this supplemental contract and original contract dated August 3, 1993, as one contract. IN WITNESS WHEREOF the parties hereto have set their hands for the purposes herein expressed to this instrument, as of the / slr� day of Febr4ar . 1994 CITY OF IOWA CITY By: mayor Attest: L;ity,LlerK L.L. FELLING CO. By:, A PROVED"AS TO FORM: n AL ity Attorney's Office 31 APPLICATION FOR SUPPLEMENTAL CONTRACT AND CONSENT OF BONDSMEN To- Clty of Iowa City Iowa City, lows In accord with the provisions of Section 573.27, 1993 Code of tows, the undersigned contractor requests payment on the Contract dated August 3, 1998, on the 1993 Asphalt Resurfacing Project Johnson County, Iowa. The undersigned hxtdwr states that at least ninety-five (95) percent of the Contract has bean completed In a satisfactory manner that the remainder cannot be completed for a period of more then sixty (60) days by rea}one of oonditions boyond my control; that the assoaoment tf Pi riidated damages will not be affected by this request; that the required conaacrt of my bondsman is set forth herein. (SIGNED) L. AiF/-1-�iL/,Y _ G// BY Contractor &Name and Titief/' Merchants Bonding Company (Mutual) , bondsman for L.L.Palling Co., Contractor, for the Prolect, Johnson County, Iowa, does hereby consent and agree that said bond shall be in full force and affect notwithstanding any payment or supplemental contract made under Socdon 573.27, 1993 Code of Iowa. Accordingly, said bond is Incorporated by reference herein and made a part hereof the same as if fully racked. IN WITNESS WHEREOF. we have set our hands and atlas tans 20th -nay of December , 1993 L. L. PellinR ComDanv Inc. Principal Merchants Bonding Company (Mutual) By A G Surety Robert F. Peck, Assistant Vice President 3( CERTIFICATION I, the undersigned officer of the MERCHANTS BONDING COMPANY (MUTUAL), hereby certify that the following is a full and true copy of Section 7 and Section 9 of Article II of the By -Laws of said Company: Section 7: — The Chairman of the Board or President or any Vice President or Secretary or Treasurer or any Assistant Vice President or any Assistant Secretary shall have power and authority to execute on behalf of the Company and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. Section 9: — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. I, further certify that the following are duly elected officers of the Company: William W. Warner, Chairman of the Board; W.W. Warner, President; M.J. Long, Vice President; W.G. Brundage, Secretary -Treasurer; Robert F. Peck, Assistant Vice President; Brett E. Harman, Vice President; Dave J. Paloma, Assistant Vice President; Brian A. Smith, Assistant Vice President. IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the MERCHANTS BONDING COMPANY (MUTUAL), this 20th day of December 19 93 . President State of Iowa ) ) ss County of Polk) On this 20th day of December 19 93 , before me appeared W.W. Warner, to me per- sonally known, who being by me duly sworn did say that he is President of the MERCHANT'S BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. Notary Public, Polk County, Iowa My Commission Expires 11-4-95 NOTARY SEAL MSC 0803 31 APPLICATION FOR SUPPLEMENTAL CONTRACT AND CONSENT OF BONDSMEN To! City of Iowa City leers City, Iowa in eocord with the provisions of Section 573,27, 1983 Coda of low*, the undersigned contractor requests payrnerit on the Contract dated August 3, 1993, on the 1993 Asphalt Resurtecing Project Johnson County, Iowa. The undersigned furOwr states that at least ninety-five (98) percent of the Contract has bean completed In a satisfactory maniac that the remainder cannot be completed for a period of mors then sixty (60) days by rsaeone of conditions beyond my control; that the aasssamsnt N liquidated damages will not be affected by this raquast; that the required content of my bondsmen is set forth herein. Contractor Name and Title Merchants Bonding Company (Mutual) ,bondsman for L. L. Palling Co., Contractor, for the Project. Johnson County. Iowa, does hereby consent and agree that said bond shall be in full force and affect notwithstanding any payment or supplemental contract made under Section 573.27, 1993 Code of Iowa, Accordingly, said bond is incorporated by reference herein and made a pert hereof the 3eme as if fully recited. IN WITNESS WHEREOF. we have sec our herds and aims tors 20th -nay of December , 1993 L. L. Pelling Company Inc. Phncipal Merchants Bonding Company (Mutual) Gyi= 41L Surety Robert F. Peck, Assistant Vice President 31 Oft 2 2 1999 APPLICATION FOR SUPPLEMENTAL CONTRACT AND CONSENT OF BONDSMEN To: City of Iowa City tows City, lows In aoaord with the provisiam of Section 573.27, 1993 Code of lows, the undersigned contractor requests payment on the Contract dated August 3, 1993, on the 1993 Asphak Resurfacing Project, Johnson Cour:ty, Iowa. The undoNiaftd fuR'hdrsttctes that at least ninety-five (95) percent of the contract has bean completed in a satisfactory merrier; that the remainder cannot be completed for a psrlod of mors than sixty (601 days by reaiiiane of oonditiono beyond my control; that tho assoaarnent tf liquidated damages will not be affected by thio request; that the required consent of my bondaman is set forth herela. (sIGNHD) CQ By CarwactuV Name and Title Merchants Bonding Company (Mutual) , bondsman for L,L.Peiling Co., Contactor, for the Project, Johnson County, Iowa, does hereby coroent and agree that said bond shag be in full force and 9ffect notwithstanding any payment or supplements! contract made tinder Section $73.27, 1993 Code of Iowa. Accordingly, sold bond is incorporated by refwance herein and made a pert hereof the same as if fully recited. IN WITNESS WHEREOP. we have set our hands and $stets tnm 20th -any of December , 1993 L. L. Pelline ComDanv Inc. Principal Merchants Bonding Company (Mutual) By .�f< / A Surety Robert F. Peck, Assistant Vice President 3( CERTIFICATION I, the undersigned officer of the MERCHANTS BONDING COMPANY (MUTUAL), hereby certify that the following is a full and true copy of Section 7 and Section 9 of Article II of the By -Laws of said Company: Section 7: — The Chairman of the Board or President or any Vice President or Secretary or Treasurer or any Assistant Vice President or any Assistant Secretary shall have power and authority to execute on behalf of the Company and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. Section 9: — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. I, further certify that the following are duly elected officers of the Company: William W. Warner, Chairman of the Board; W.W. Warner, President; M.J. Long, Vice President; W.G. Brundage, Secretary -Treasurer; Robert F. Peck, Assistant Vice President; Brett E. Harman, Vice President; Dave J. Paloma, Assistant Vice President; Brian A. Smith, Assistant Vice President. IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the MERCHANTS BONDING COMPANY (MUTUAL), this 20th day of December, 19 93 President State of Iowa ) ) ss County of Polk) On this 20th day of December, 19 93 , before me appeared W.W. Warner, to me per- sonally known, who being by me duly sworn did say that he is President of the MERCHANT'S BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. t Notary Public, Polk County, Iowa My Commission Expires 11-4-95 NOTARY SEAL MSC 0803 2 IQ45 ?>rZ_ RESOLUTION NO. 94-32 RESOLUTION ACCEPTING THE WORK FOR THE 1993 ASPHALT RESURFAC- ING PROJECT, WITH THE EXCEPTION OF JEFFERSON STREET IMPROVE- MENTS DELETED THEREFROM AND INCLUDED IN A SUPPLEMENTAL CONTRACT WHEREAS, L.L. Felling Co. of Iowa City, Iowa, has completed ninety-five percent (95%) of the construction of street improvements for the 1993 Asphalt Resurfacing Project, as required by their contract with the City of Iowa City dated August 3, 1993, with the exception of the Jefferson Street improvements; and WHEREAS, L.L. Felling Co. has requested payment for the completed portion of the contract, as provided by Section 573.27, Code of Iowa (1993); and WHEREAS, L.L. Felling Co. has executed a Supplemental Contract in favor of the City agreeing to construct said street improvements between May 16, 1994, and June 13, 1994, when weather conditions and pedestrian traffic will be conducive to such work, for the original contract bid price for said work, $29,374.21; and WHEREAS, the Public Works Department recommends the completed portion of the street improvements be accepted, with the Jefferson Street improvements to be deleted therefrom and completed by June 1994, all as contemplated by state law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . The improvements constructed for the 1993 Asphalt Resurfacing Project are hereby accepted, with the exception of Jefferson Street improvements. 2. The Director of Finance is hereby authorized and directed to make final payment for said project, including the retainage for the completed portion less the amount allocable to Jefferson Street improvements, namely $29,374.21, all as provided by Chapter 573, Code of Iowa (1993)• It was moved by Kubby and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman R Novick X Pigott X Throgmorton 3Z Resolution No. 94-32 Page 2 Passed and approved this 1st day of February . 1994• ATTEST:/`/moi s���c� _ . 26wA CIT 'eLERK cAcadata\legaRjeffersn.res MAYOR — Appr ved b ity Attorney's Office 3Z CITY OFIOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of the Resolution No. 94-33 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 1st day of February , 193_L_, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2nd day of February , 1994 Rariarx K. Karr City Clerk CIVIC CENTER • 410 E. WASHINGTON ST. IOWA CITY IOWA 52240.1826 PHONE (319) 356-5000 FAX(319) 356-5009 33 (t2`0 RESOLUTION NO. 94-33 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE ROHRET ROAD PEDESTRIAN BRIDGES PROJECT WITH THE IOWA DEPART- MENT OF TRANSPORTATION. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation, attached hereto, which would permit the City to obtain state and federal assistance for construction of two free-standing pedestrian overpass bridges on Rohret Road in Iowa City; and WHEREAS, the City Council deems it in the public interest to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The Agreement attached hereto and made a part hereof is in the public interest, and is hereby approved as to form and content. 2. The Mayor and City Clerk are authorized to execute said Agreement on behalf of the City of Iowa City. 3. The Clerk is directed to forward two (2) certified copies. of the Resolution and Agreement to the Iowa Department of Transportation, as provided in the Agreement. It was moved by Novick and seconded by adopted, and upon roll call there were: Baker the Resolution be AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby y Lehman X Novick X Pigott X Throgmorton Passed and approved this 1st day of February 1994. MAYOR Approved b ATTEST: CIT CLERK O ity Attorney's Office pweng\rohretrd.res 33 IOWA DEPARTMENT OF TRANSPORTATION FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECT City: Iowa City County: Johnson Project No.: STP -U-3715(1)--70-52 Iowa Department of Transportation Agreement No.: 94-F-4 Sections 306A.7 and 307.44, Code of Iowa as amended, provide for Iowa cities and the Iowa Department of Transportation (DEPARTMENT) to enter into agree- ments with each. other respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of controlled -access facilities or other public ways in their respective jurisdictions and to cooperate with the Federal government in the expenditure of Federal funds allotted or appropriated by the Federal government for the improvements of streets and highways in Iowa. The Congress of the United States, through the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), has provided for the establishment of the Surface Transportation Program (STP) and has made funds available through the Federal Highway Administration (FHWA) for improvements to Federal -aid highways. Federal regulations provide that the STP funds are to be administered by the DEPARTMENT. STP funds are available to the cities subject to similar limitations and stipulations as are stated in Rule 761 Chapter 180, Iowa Administrative Code, established by the DEPARTMENT to effectively administer the Federal -Aid Urban Systems (FAUS) program in Iowa. Authorized and approved costs of an improvement are eligible for reimbursement of up to eighty percent (80%), except that costs related to traffic signal improvements are eligible for reimbursement of up to one hundred percent (100%) with STP funds. The City of Iowa City, (CITY) proposes to build two(2) free standing pedestrian overpass bridges on Rohret Road adjacent to the existing overpass of US 218. The approach roadway pavement and minor grade widening, and the addition of sidewalks on each side is proposed. The CITY and DEPARTMENT agree as follows: The CITY shall receive reimbursement from STP funds for authorized and approved costs associated with said improvements. The attached Exhibit I will apply and is hereby made a part of this Agreement. kv Agreement No.: Page 2 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 94-F-4 as of the date shown opposite its signature below. City of Iowa City By _ A� Date February 1 19 94 Title -Mayor I, Marian K. Karr certify that I am the Clerk of the CITY, and that Susan M. Horowitz , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the ist day of F-bruazy , 19 94. — Signed _�yj�]j(r Date February 1 , 1994 City Clerk of , Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Di 'on r e e rban Sys ms Engineer Office of Local Systems Date 17 19 / Approved By City Attorney's Office WN 00af7lrl Standard Provisions for STP—U and HBRR City Project Agreements Since this project is to be financed with local and federal funds, the CITY shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal—aid recipients, subrecipients, and contractors, no person in the United States shall be excluded . from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or handicap/disability. 2. The CITY shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the DEPARTMENT Action Plan for project environmental studies and location / design approval. If farmland is to be acquired, whether for use as project right of way or permanent easement, the CITY shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the Soils Conservation District Office. 3. The DEPARTMENT will obtain the Iowa Intergovernmental Review (IIR) clearance statement from the Iowa Department of Economic Development, when necessary. The DEPARTMENT will notify the CITY when the project requires a project clearance statement from the Areawide Clearinghouse. The CITY shall then obtain and submit to the DEPARTMENT the necessary clearance statement. 4. The CITY shall obtain agreements, as needed, from railroad and utility companies and shall obtain project approvals, when necessary, from the Iowa Department of Natural Resources, State Conservation Commission, U.S. Coast Guard, and U.S. Corps of Engineers. 5. The CITY shall prepare the construction plans, specifications, and estimates (PS&E). The design shall conform to applicable design standards and regulations contained in the DEPARTMENT "Design Criteria for City Federal—Aid Projects" or Title 23, Code of Federal Regulations, Part 650 — Bridges, Structures and Hydraulics (23 CFR 650). 6. The project shall be constructed under the DEPARTMENT Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the CITY for individual construction items shall be approved by the DEPARTMENT. 7. The CITY shall acquire the project right of way, whether by permanent easement or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENT Right of Way Manual. The CITY shall contact the DEPARTMENT for assistance as necessary to ensure compliance with the required procedures. M -2- 8. In the event the CITY requests DEPARTMENT assistance in performing the CITY right of way acquisition or property management activities on the project, the DEPARTMENT agrees to provide assistance if resources are available. Such assistance, if provided, will be by written agreement or an amendment to the project agreement and will cover the scope of the acquisition activities and the appropriate costs to be charged to the CITY. The CITY shall request said assistance in writing. 9. The CITY shall forward the Federal—aid Project Development Certification and final PS&E to the DEPARTMENT. 10. The CITY shall;eomply with the public hearing requirements of Chapter 384.102, Code of Iowa, and shall certify adherence to those requirements. This certification shall be submitted to the DEPARTMENT prior to DEPARTMENT concurrence to award the contract. 11. The project will be let by the DEPARTMENT in accordance with its normal letting procedures. After bids are received and opened, the DEPARTMENT will furnish the CITY with a tabulation of all bid proposals. The CITY, by Council Resolution, shall act on the bids received and shall furnish the DEPARTMENT with two (2) copies of the Resolution. 12. The DEPARTMENT will review the bid tabulations and proposals, and will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DEPARTMENT will mail the unexecuted contract to the approved low bidder. 13. Upon concurrence to award the contract, the DEPARTMENT will notify the CITY. The CITY shall enter into a contract with the contractor and secure his performance bond and certificate of insurance. 14. The CITY shall forward to the DEPARTMENT three (3) copies of the contract, performance bond, and certificate of insurance. The DEPARTMENT will prepare the Federal—aid ProjectAgreerheht, and submit it for FHWA approval and obligation of Federal—aid funds. 15. The CITY shall comply with the procedures and responsibilities for materials testing and construction inspection set forth in Department of Transportation Rule 761 Chapter 180, Section 180.5(6) (e), Iowa Administrative Code (IAC). The DEPARTMENT will bill the CITY for testing services according to its normal policy. 16. The CITY shall comply with the procedures and responsibilities for contract payments set forth in Rule 761 Chapter 180, Section 180.5(6)(0, IAC. 17. The CITY shall effect whatever steps may be required to legally establish the grade lines of the street facilities constructed under said project, and shall pay or cause to be paid all damages resulting therefrom, all in accordance with the provisions of Section 364.15, Code of Iowa. -3- 18. In accordance with the DEPARTMENT Policy for Accommodating Utilities on County FAS and City FAUS Routes Right of Way, the CITY shall effectuate all relocations, alterations, adjustments, or removals of utility facilities, including power, telephone and telegraph lines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals, and other facilities which are located within the limits of an established street or alley and which will interfere with construction of the project. Certain utility relocation, alteration, adjustment, or removal costs to the CITY for the project may be eligible for Federal—aid reimbursement in accordance with the FHWA policy applicable to the type of utility involved and Chapter 306A, Code of Iowa 19. The CITY shall take all necessary legal action to discontinue current use and prohibit future use of the project right of way for business purposes, and shall prevent any future encroach— ments or obstructions within the limits of the project right of way. The CITY shall also cause removal of private signs and other obstructions erected on private property which obstruct the view of the public street in conformance with the requirements of Sections 319.10 and 319.12, Code of Iowa 20. The CITY shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The CITY shall also make such material available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government Copies of said materials shall be furnished by the CITY, if requested. 21. The CITY shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and FHWA. 22. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per Rule 761, Chapter 130, IAC. 23. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): a The CITY stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The CITY agrees to comply withal] of the requirements of Section 114 of the Clean Air Act and Section 306 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 23. (cont.) -4- c. The CITY stipulates as a condition of Federal—aid pursuant to this agreement, the CITY shall notify the DEPARTMENT of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this agree— ment is under consideration to be listed on the EPA List of Violating Facilities. The DEPARTMENT will forward the notification received from the CITY to the Federal Highway Administration. 24. If the CITY elects to levy special assessments as a means of raising the local share of the total project costpdhe CITY shall reimburse the DEPARTMENT in the amount that payments of Federal—aid-and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code, Chapter 384. The CITY agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the CITY) from special assessments levied for this project exceed the local share of the total project costs, the CITY shall refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties assoc— iated with the amount of the excess) within sixty (60) days of the receipt of any special assess- ment payments. The CITY shall notify the DEPARTMENT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment, and notify the DEPARTMENT when all special assessments have been satisfied. The DEPARTMENT shall credit reimbursement billings to the Federal Highway Administration (FHWA) in the amount of refunds received from the CITY. RESOLUTION NO. 94-34 RESOLUTION AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR PORTIONS OF RIVERSIDE DRIVE, IOWA AVENUE BRIDGE, IOWA AVENUE, WASHINGTON STREET, AND MADISON STREET IN IOWA CITY, IOWA WHEREAS, the University of Iowa ("University") will be undertaking construction of an underground fiber optic communications trunk system that will link University buildings on the east and west sides of the Iowa River, and has requested permission to install and operate a fibreoptic conduit under the sidewalk of the Iowa Avenue Bridge; and WHEREAS, University wishes to secure the construction site against pedestrian and vehicular traffic, while performing work in the area of Riverside Drive, Iowa Avenue Bridge, Iowa Avenue, Washington Street, and Madison Street as indicated on Attachment A; and WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a properly safe distance from traffic, so as not to endanger lives or property; and WHEREAS, it is in the best interests of the City to temporarily close portions of Riverside Drive, Iowa Avenue Bridge, Iowa Avenue, Washington Street, and Madison Street and portions of adjacent sidewalk; and WHEREAS, an easement agreement for temporary use of public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: 1. It is in the public interest to temporarily close portions of City sidewalk and roadway in order to assure a safe construction site for the University's construction of an underground fiber optic communications trunk system, and thereby ensure public safety. Such temporary sidewalk and roadway closing in areas requiring concrete paving shall take effect beginning March 15, 1994, and end upon substantial completion but no later than September 1, 1994, and shall conform to the easement agreement attached hereto and incorporated by reference herein. 2. In consideration of the promises and conditions set forth in the easement agreement, the University is granted use of the Iowa Avenue Bridge for fibreoptic conduit as a valid public purpose and in the best interests of the City. 3. The easement agreement for temporary use of public right-of-way attached hereto is approved as to form and content, and Mayor is hereby authorized to execute and the City Clerk to attest the easement agreement on behalf of the City of Iowa City, for recordation in the Johnson County Recorders Office, at University's expense. 3-q- Page 2. Res. No. 94-44. It was moved by Pigott and seconded by adopted, and upon roll call there were: AYES: Passed and approved this 1st ATTEST:� 2e 9 CITY -CLERK legallkim\Ulresol NAYS: Novick ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton day of February , 1994. MAYOR Approvedby ity Attorney's Office �� 3�- PROPOSED1`�`°' TELECOMMUNICATIONS -' 1 DUCT SYSTEM , Ll I i NORTH NO SCALE ow 1 I I jR15Tr- ` n •� • : VAULTN •e CONSTRUCTI N VYORK JI f 1 ITHIN CITY IGOF iMAY H En r i +--' IL �� .•��fl11- �1�}�, r•�t�UR�.I t✓GTQN STREET -._. SHIYE-HATTERY ENGINEERS AND ARCHRECTS,.. ARi 1RkCT 110. LOCATION DIAGRAM 193262-0 UI TELECOMMUNICATIONS PROJECT DATE /;L/:2& 93 =IL= INIV "• CRA,111 T k 1[3D I= nRRWED C Fevesm. ATTA/ tl\Il-1.lT A / '• 1 1 - `—VAMT Of IOWA AVENbE - VAUI N VAULT ' r EPB • 7N D W17 < rn I I II1� m I Ll I i NORTH NO SCALE ow 1 I I jR15Tr- ` n •� • : VAULTN •e CONSTRUCTI N VYORK JI f 1 ITHIN CITY IGOF iMAY H En r i +--' IL �� .•��fl11- �1�}�, r•�t�UR�.I t✓GTQN STREET -._. SHIYE-HATTERY ENGINEERS AND ARCHRECTS,.. ARi 1RkCT 110. LOCATION DIAGRAM 193262-0 UI TELECOMMUNICATIONS PROJECT DATE /;L/:2& 93 =IL= INIV "• CRA,111 T k 1[3D I= nRRWED C Fevesm. ATTA/ tl\Il-1.lT A / '• 1 EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR PORTIONS OF RIVERSIDE DRIVE, IOWA AVENUE BRIDGE, IOWA AVENUE, WASHINGTON STREET, AND MADISON STREET IN IOWA CITY, IOWA This easement agreement for temporary use of public right-of-way is made between the University of Iowa ("University") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, the University will be undertaking construction of an underground fiber optic communications trunk system that will link University buildings on the east and west sides of the Iowa Rivers and has requested permission to install and operate fibreoptic conduit under the sidewalk of Iowa Avenue Bridge; and WHEREAS, University wishes to secure the construction site against pedestrian and vehicular traffic, while performing work in the area of Riverside Drive, Iowa Avenue Bridge, Iowa Avenue, Washington Street, and Madison Street as indicated on Attachment A; and WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a properly safe distance from traffic, so as not to endanger lives or property; and WHEREAS, it is in the best interests of the City to temporarily close portions of Riverside Drive, Iowa Avenue Bridge, Iowa Avenue, Washington Street, and Madison Street and portions of adjacent sidewalk; and WHEREAS, an easement agreement for temporary use of public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, in mutual consideration of the promises herein, University and City agree as follows. 1. In consideration of University's promises herein, City agrees to temporary closure of portions of the south sidewalk along Iowa Avenue, the north sidewalk along Washington Street, and east sidewalk along Madison Street in the construction area, as indicated on Attachment A which is attached hereto and incorporated by reference herein. City further agrees to permit temporary closure of portions of Iowa Avenue and Madison Street as a reasonable method of accommodating the University's construction needs and to assure safe usage of said right-of-way; to wit: A portion of one westbound lane and both eastbound lanes on Iowa Avenue on the east side of the Iowa Avenue Bridge; and the northbound lanes on Madison Street between Washington Street and Burlington Street. 2. Parties acknowledge the need to redirect traffic because of said temporary road closures, and City therefore agrees to permit the University to redirect traffic from the closed portion of Madison Street to one lane beginning at the intersection of Madison Street and Washington Street. 3a{ 3. City further agrees to allow the use of City right-of-way along the easterly outside lanes of Riverside Drive at the intersection of Riverside Drive and Iowa Avenue for trenching purposes. University specifically agrees that disruption of vehicular traffic on Riverside Drive will be kept to a minimum. 4. In consideration of the University's use of the above -noted right-of-way, University agrees to secure its construction site against pedestrian and public traffic by providing adequate traffic control and by fencing all open excavations while the contractor is not working, and thereby ensure public safety and a safe construction site in the location shown in Attachment A. More specifically, University further agrees to provide, keep in place, and maintain in good working condition certain signage necessary to: a) Route Pedestrians. b) Provide advance warning. C) Provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Signals. 5. University further agrees thatthe University's and/orthe University's contractors' work across Madison Street and Washington Street will be completed in four (4) sixteen (16) hour shifts within any one one -hundred sixty-eight (168) consecutive -hour period. 6. City also agrees to permit the University to install, operate and maintain fibreoptic conduit under the sidewalk of the Iowa Avenue Bridge, and University agrees to repair any and all damage or deterioration of the Iowa Avenue Bridge resulting from the installation, operation and maintenance of said fibreoptic conduit. 7. More specifically, in the event that the architectural soffit and facia enclosing the fibre- optic conduit underneath the Iowa Avenue Bridge deteriorates, becomes damaged, or significantly fades or becomes significantly discolored to a color other than that of the Iowa Avenue Bridge as perceived by City, University agrees to maintain, repair, and restore the soffit, connection points and facia condition and/or color to its prior condition. 8. After construction of the underground fiber optic communications trunk system is complete in the appropriate phases, University agrees to reinstall and/or restore any and all portions of sidewalk, roadway and manholes within City right-of-way to preconstruction condition, and to the City's complete satisfaction. University further agrees to obtain a five (5) year maintenance bond for the portland cement concrete removed and replaced in the City right-of-way. 9. Parties agree the temporary easement in areas requiring concrete paving shall commence March 15, 1994 and end upon substantial completion of the work, but no later than September 1, 1994. 2 3'_ 10. In the event of a breach of this Easement Agreement that jeopardizes public safety, the City may, at its discretion, elect to give notice to the University to remove all construction equipment and/or obstructions from the City's Riverside Drive, Iowa Avenue, Washington Street, and/or Madison Street right-of-way, all as provided in Section 364.12, Code of Iowa (1993); and in the eventthe University does not comply with the time period designated in the Notice to Remove, City may elect to remove, or direct removal of, equipment and/or any other obstructions from the right-of-way, to charge the cost of such removal to the University, and the University agrees to pay said charge. 11. University agrees to assume responsibility for any and all claims arising out of this Easement Agreement to the full extent permitted by Chapter 669, Code of Iowa (1993) entitled "Tort Claims," and according to the procedures set forth therein. University further agrees to be responsible for any and all property losses, personal injuries, and damage claims arising out of the University's use of the street right-of- way, including sidewalk, which is incurred by reason of the negligence of the University for its agents or employees to the full extent allowed by Chapter 669, Code of Iowa (1993) and subject to the provisions therein. 12. Nothing in the agreement shall be construed to waive the requirements of City codes regarding noise generated by construction activities, and the University agrees to make every effort to minimize any disturbance to citizens in the area. 13. This Easement Agreement shall be recorded in the Johnson County Recorder's Office at the University's expense. Dated this 1st day of February 1994. CITY OF IOWA CITY, IOWA Attest: Attest Marian . Karr, City Clerk Approved by: UNIVERSITY OF IOWA, IOWA siness Manage By: — Sv�:== 3 31{- CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY) On this IS+ day of F&IeuaNti 19-1i�, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared '&. M {.{mow'+Z and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said ,&=K m. iS,,,e,o:.�z and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Snvdn .� Notary Public in and for the State of Iowa UNIVERSITY OF IOWA'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY) On this day of Q=ddr1A A.D. 19 Qom, before me, the undersigned, a Notary Public in and for th14 State of wa, personally appeared MICNel J FinnShand bOUq0616 IG. True to me personally known, who, being by me duly sworn, did say that they are the and VICe- , respectively, of said University of Iowa executing the within and foregoing instrument; that said instrument was signed and sealed on behalf of said University of Iowa by authority of its fl'e51C1pn-L ; and that the said &6117 17)✓IYYt�e\' and VICe �'esdEfltas such pefecralI y acknowledged the execution of said instrument to be the voluntary sai act and deed of d University of Iowa, by it and by them voluntarily executed. \legakkim\Ulease i Notary Public in and for said County and State ki 3'�- PROPOSED TELECOMMUNICATIONS - DUCT SYSTEM I" r L NORTH NO SCALE IOWA AVENUE +. d' tt r T« a EPB �' -- L- -' VAt 97 1 YA4T rn N N ITHIN CITY ilGH' OF iNAY I LIBRAR, } ; nl N .QURL14G' TQN STREET tic m Rom= . M Y- LOCATION DIAGRAM 193262-0 SHIVE-H �TTERY UI TELECOMMUNICATIONS PROJECT MRS AND ARCHITECTS. r. DAW / 2 n 173 1 SME lEit Mw MAIM r.4 k ImD sm w ATTACHMENT A 3 C� RESOLUTION NO. 94-35 RESOLUTION OF INTENT TO CONVEY A PORTION OF CITY PROPERTY IN EXCHANGE FOR A PORTION OF PRIVATE PROPERTY NOW OWNED BY GARY L. GAINES. WHEREAS, a survey has revealed that the City -owned cemetery located adjacentto East Reno Street (Oakland Cemetery) encroaches upon a lot owned by Gary L. Gaines on East Reno Street; and WHEREAS, that same survey revealed that the lot owned by Gary L. Gaines encroaches upon Oakland Cemetery; and WHEREAS, both the City and Gary L. Gaines wish to continue to use the respective properties in the same manner they have been used for many years; and WHEREAS, an exchange of the encroaching properties will allow both parties to continue to use the properties in the same manner as they have been used in the past; and WHEREAS, both parties have agreed to exchange the respective properties. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Council does hereby declare its intent to convey its interest in the following described property to Gary L. Gaines subject to the City reserving and retaining a tree easement as shown on Exhibit A: Beginning at the Southwest Corner of said Lot 22; Thence N00°05'08"W, along the West line of said Lot 22, 14.62 feet; Thence N89148'02"E, 297.45 feet; Thence S02102'42"E, along an existing fence 14.63 feet; Thence S89148'02"W, along the South line of said Lot 22, 297.95 feet to the Point of Beginning. Said parcel of land containing 4,353 square feet, more or less, and is subject to easements and restrictions of record. And in return the City shall receive from Gary L. Gaines his interest in the following described property: Beginning at the Northeast Corner of said Lot 21; Thence S00108'05"E, along the East line of said Lots 20 and 21, 155.14 feet; Thence S89°48'02"W, 2.74 feet; Thence NO2102'42"W, along an existing fence 155.22 feet to a Point on the North line of said Lot 21 ; Thence N89148'02"E, 8.05 feet to the Point of Beginning. Said parcel of land containing 837 square feet, more or less, and is subject to easements and restrictions of record. BE IT FURTHER RESOLVED THAT a public hearing on said proposal be set for February 15, 1993, at 7:30 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. 13.5 It was moved by Kubby and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 1st day of Fpbruary , 1994. ATTEST: CIT CLERK cadataWmVeno.res MAYOR Approved by__ City Attorney's Office�a��� 35 f- m x X W is u a a M GRIPIOc SCO IN nU C.Gd EMR OF MOM IS LESS TIM OE FOOT IN rem, tIWyOR FEET PRO PR/ETOF S: Lots 20 and 21 � FIIiAItiN M. HFNMAq C/TY OF /Oe' elrY F�? MI W ."h 2. 1996 MsrsN 1. 1996 Beginning at the Northeast Comer of said Lot 2I; Thence S00°08'05'E, along the East line of said Lots 20 and 21, 155.14 feel; Thence S89°48'02'W, 2.74 feel; Thence NO2°02'42'W, along an existing fence 155.22 feet to a Point on the North line of said Lot 21; Thence N89°48'02'E, 8.05 1 certify that during the month of October, 1993, at the direction of Jeanette Meade (Byers & feet to the Point of Beginning. Said parcel of land containing 837 square feel• more or less, and Happel) a survey was made under my supervision of a Portion of Lot 22, of Irish's Extension of is subject to easements and restrictions of record. Wood's Addition to Iowa City, Iowa, according to the recorded plat thereof, and a Portion of Lots 20 and 21, of said Addition, the boundaries of which are described as follows: I further certify that the plat as shown is a correct representation of the survey and all comers are marked as indicated. Lot 22 Beginning at the Southwest Comer of said Lot 22; Thence N00105'08'W, along the West line of said Lot 22, 14.62 feel; Thence N89°48'02'E, 297.45 feet; Thence S02102'42'E, along an existing fence 14.63 feel; Thence S89°48'02'W, along the South line of said Lot 22.297.95 feet to the Point of Beginning. Said parcel of land containing 4,353 square feet, more or less, and is subject to easements and restrictions of record. Robed D. Mickelson S. IA. Reg. No. 7036ct�.F^F� My Biennial Registr lion expires December 31, 19.�` `S Signed before me this 941t'I day of 19--�—. - / 7 Notary PAItc, in & I.. 304 1 I - i•'= 30' 1 AN .jam 8� c RESOLUTION NO. 94-36 RESOLUTION OF INTENT TO CONVEY VACATED PORTIONS OF THE NORTHERN HALF OF LAFAYETTE STREET AND THE EASTERN HALF OF MAIDEN LANE. WHEREAS, on December 17, 1993, the City Council adopted Ordinance No. 93-3602 vacating portions of the northern half of Lafayette Street and the eastern half of Maiden Lane in Iowa City, Iowa; and WHEREAS, the portion of City right-of-way described below no longer serves a public purpose by providing public access to the properties in the area; and WHEREAS, this portion of the right-of-way does not contain any public or private utilities; and WHEREAS, Kennedy Plaza, Inc. has offered to install public improvements, according to plans and specifications approved by the City Engineer, in exchange for the vacated property. Those improvements are illustrated on the attached plan labeled Exhibit A and include the installation of curb and gutter and sidewalk along the east and north sides of Maiden Lane and Lafayette Street and removal of existing pavement which is no longer necessary. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Council does hereby declare its intent to convey its interest in the following described property to Kennedy Plaza, Inc. in return for the installation of public improvements as shown on Exhibit A and according to plans and specifications as approved by the City Engineer: Commencing at the Southeast Corner of Lot 4, Block 22, County Seat Addition, to Iowa City, Iowa; Thence S89135'00"E (a recorded bearing), 50.00 feet to a Point on the Easterly Right -of -Way line of Maiden Lane, said point also being the Point of Beginning; Thence S00100'00"W, along said Maiden Lane Right - of -Way 38.17 feet; Thence N89135'00"W, 10.35 feet; Thence N00100'00"E, 38.17 feet; Thence S89135'00"E, 10.35 feet to the Point of Beginning. Said tract of land contains 395 square feet, more or less, and is subject to easements and restrictions of record. BE IT FURTHER RESOLVED THAT a public hearing on said proposal be set for February 15, 1993, at 7:30 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. 3� It was moved by Lehman and seconded by adopted, and upon roll call there were: AYES: x x x x x x x Passed and approved this 1st Novick the Resolution be NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton day of February , 1994. MAYOR 4Cy ovedATTEST:2��.e OCIT LERK Attorney's Office 1, cad ata\ k i m\ m o re 11. res 3� .0-9621 4W�JT1 13810+d ' i.wpt 1 01 / Ja �i1Ws OWsaw A2ar1 ■d Neat •VI IJ OS car N00t PINJ C6-0 - >i 4itd W RI u Ml c y w 1 30YJN05 4 I3VHdSV ONLLSIX3 snn 2 01 ONV0 SunD 03SOdoNd 530Vd5 n ttj M1YM306 ,a OVdnW0WVd T C 03SOdOSd C-) a xw'M3a6'1b a. p • 1 Ail wp.ay a 7-7 6. s Z A O'00 33x11 I S33d5 O�IINWdI II II Iib i V4 01 OWsaw C ■d IJ OS car NWVOVA M0Vi r 530Vd5 OVdnW0WVd T xw'M3a6'1b a. p • 1 Ail wp.ay 6. A O'00 33x11 %N 30 MU3MU JO 1M0d ONLLS03 -- 'aWOd kIIoN $0 Aro—am aw wIW PETS 61'ISlppww0 n4dn uopy0ft MPWL® Ari 6120 Of" '0N'OaS YI 'SI %"SVM'a popes an uaww PPur Asmg ala 10wptp sagm Muw■ -M-Vgn PI uMoyt n VV 641 ItW.(ryan )a 'P m p wlPmm Put sluawana 01 poppy q pw'Lsalsa slow 1aa) tnaDf S6t !l+lviw0 puq)oP"P"S'Oupul6" P Wd 04301 In) PC01'3AO.S o aau I11'IC DP1t 60 AM 11' �ssava01 'ALWS[.6tN nw41 4"111'it'NM-p7461S aM wpM tw N Wl 'Dyw100S P P6od ab"Oslo lupd pryt'awp wPIM P M -Io -146M Aptln3 W4 Wd•01I"J W(K%6upoq ptP0eal a)3AOSp.61S L^lal'NYJ°"`0Iq'w119pV1teSNunoO itpFgS', WI, 0iawo3 lnlgMS3@ pn60pu . N 4*4W )o taPNu,4q na'wa1W Ptatp t Pwl P Pulam p WAOPI n pogpMp IoM Awnt ■ 16POH 90f P uopaual t41 P'(661 'Mgweld@S P 41w�w alp OWR IM HSlaa I. OW tial'■ =vA sloop 1W1 ' U'Al UM -A- { 'YPwiIP U: y alelleW �, 0111 M-4-1Kp 011W IN aeePN Tana tinitYJ 111■A . 1331 QMO2 N1 IOSJ 1 MMI SS31 SI W= A am N1YM3w -� PaawN M 1111 r b Oplptl la'at pup ao PPM \N!V um paA a� Lpppy ] _ Ot OIDl50(3 aux LOtiY SMl 1'OiPiVJ twill am ti11 u to ouW T0,a1101 - '11tOw a 1pt�lIItI A. g - 16160] LIP�Yp - 0 maw Op -Da .n l�U/N s3_ 1771LL5 3171nNW SNaSDC3 am 00, .61 S / NW=V LM uNnOT c J NN5aW1051 �w � ba ox mmo ■ ■ ■ 1 to ®IA6p L� RESOLUTION NO. 94_37 RESOLUTION RESCINDING RESOLUTION NO. 83-17 OF THE CITY COUNCIL OF THE CITY OF IOWA CITY. WHEREAS, Resolution No. 83-17 requires that 40% of Transit funds be generated by fares; and WHEREAS, this requirement has repeatedly not been met; and WHEREAS, it is in the public interest to rescind Resolution No. 83-17 as not reflecting the City Council's wishes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said Council does hereby rescind Resolution No. 83-17. It was moved byp;gnrr and seconded by Vubbby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Baker X Horowitz X Kubby % Lehman Y Novick g Pigott g Throgmorton Passed and approved this 1st day of February , 1994. ATTEST: 9 CITY -CLERK finpkg\83-17rsc.res MAYOR v Approved by 'City Attorney's Office �/� C/ 37 P ' R,t a /C- RESOLUTION L RESOLUTION NO. 94-38 RESOLUTION APPROVING THE EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS REGIONAL COMPREHENSIVE SOLID WASTE MANAGE- MENT PLAN. WHEREAS, Chapter 455B.302, of the Code of Iowa, states that each city and county of this state shall provide for the establishment and operation of a comprehensive solid waste reduction program consistent with the adopted hierarchy of solid waste management (so stated in Chapter 455B.301A), and; WHEREAS, Chapter 455B.306(1), of the Code of Iowa, states that all cities and counties shall file with the Iowa Department of Natural Resources a comprehensive plan detailing the method by which those waste reduction and recycling program requirements will be met, and that plan shall be updated consistent with the rules of the Environmental Protection Commission, and WHEREAS, an update of the Regional Comprehensive Solid Waste Management Plan has been prepared and adopted by the East Central Iowa Council of Governments, and The City of Iowa City will fulfill its planning requirement through its adoption, and; WHEREAS, the City Council of Iowa City has reviewed the update of the Regional Comprehen- sive Solid Waste Management Plan, and the City Council of Iowa City is committed to the State of Iowa's waste reduction and recycling goals; NOW, THEREFORE, BE IT RESOLVED that the City Council of Iowa City, Iowa, hereby adopts the East Central Iowa Council of Governments Regional Comprehensive Solid Waste Management Plan, and will make its best effort to put into action the implementation plan and schedule, as attached. It was moved by ICubby and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton Passed and approved this 1st day of February , 1994. MAYOR Approved by ATTEST: CITY LERK City omey's Office � JccogsMourtom.ms 36 Regional Comprehensive Solid Waste Management Plan for Counties of Benton, Iowa, Jones, Linn and Tama and Cities of Cedar Rapids and Iowa City East Central Iowa Council of Governments December, 1993 !i. Table of Contents Item I. Background I.a Description of Area I.b History of Waste Management I.c Update Process/Methods Il Presentation of Plan Information II.a Volume Reduction ll.b Recycling/Reuse/Composting II.c Incineration for Energy Recovery II.d Incineration for Volume Reduction 11.e Sanitary Landfilling 11.f Current Waste Management 1. Benton County 2. Iowa County 3. Iowa City 4. Cedar Rapids 5. Jones County 6. Tama County 7. Linn County S. Cedar Rapids Water Treatment 9. Cedar Rapids Pollution Control 10. Tonnage Figures 11. Population Estimates 12. Waste Abatement Table Page 1 2 3 6 8 8 10 12 14 14 16 16 17 18 '19 22 23 24 25 25 26 27 27 5Z BACKGROUND The East Central Iowa Council of Governments (ECICOG) coordinated the preparation of the 1989 Regional Comprehensive Solid Waste Management Plan. The plan was prepared and submitted to the Iowa Department of Natural Resources to meet the requirements of the 1987 Groundwater Protection Act. The landfills participating in the plan are: Benton County, Cedar Rapids, Iowa County, Iowa City, Jones County, Linn County and Tama County. The plan was received, reviewed and approved by the IDNR in spring 1990. ECICOG hired a regional - solid waste planning coordinator to oversee the implementation of the comprehensive plan in June, 1990. This update is a statutory requirement, pursuant to Iowa Code sections 455.304 and 455D.7, and amended Chapter 101.5(7)"b"(2), Iowa Administrative Code, 1992. All information provided and material submitted herewith was prepared by the ECICOG regional solid waste planning coordinator, under the direction of the Solid Waste Technical Advisory Committee of the ECICOG Board of Directors, and on behalf of those participating landfills. Brief Description Of The ECICOG Area The East Central Iowa area covered in this comprehensive plan includes the landfills in Linn, Jones, Iowa, Benton and Tama counties and in Cedar Rapids and Iowa City. However, the planning area does not encompass all parts of all counties. The community of Victor, in Iowa County, is not included in the ECICOG solid waste planning area or in Iowa county solid waste planning. The communities of Riverside and Yalona, in Washington county, are included in the ECICOG solid waste planning area and in Johnson County planning efforts. The total population for the project area is 349,408 (1990 US Census). The size of communities range from over 100,000 in population (Cedar Rapids) to 84 (Morely, in Jones county). Service area population varies from 14,630 for the Iowa County Sanitary Landfill to 117,227 for the Cedar Rapids Sanitary Landfill. Respectively, annual tonnages received at landfills vary considerably, from a fiscal year 1993 high from Cedar Rapids of 158,477 tons to a low of 3,903 tons from Jones County. Intense industrial activities, which strongly affect landfill tonnages, are centered in the Cedar Rapids-Coralville-Iowa City corridor. The University of Iowa and University Hospitals, both in Iowa City, provide employment for almost 25,000 people. The rest of the region relies on light industry, agriculture and agricultural services for economic acitivity. Jones (Stone City/Grant Wood area) and Iowa (Amana Colonies, Williamsburg Mall) counties, and now Tama county (Mesqualde Bingo and Casino) have strong tourism draws. 2 History Of Regional Waste Management Prior to 1987, no coordination of solid waste management activities on a regional basis had taken place. Solid waste managers were confined to operating collection systems and sanitary landfills. With the advent of the 1987 Groundwater Protection Act and required comprehensive planning, solid waste management gained a higher profile. Governmental solid waste managers and elected officials in the ECICOG area joined together in the comprehensive planning process to produce the region's first plan, submitted to the Iowa Department of Natural Resources in November 1989. IDNR approved the plan in April 1990 and ECICOG hired a regional solid waste planning coordinator to start in July 1990. The original plan was approved by all local governments in the ECICOG solid waste planning area. Work promptly began on its implementation. The original group of solid waste managers and elected officials now became a more formalized group - the Solid Waste Technical Advisory Committee (SWTAC). Each local body providing oversight to a landfill - landfill commission, city council or board of supervisors - appointed a representative to serve on the committee. The committee elected Dave Hogan, Cedar Rapids Solid Waste Program Manager, to serve as chairperson. In addition to appointed representatives, others who work in solid waste management and planning, elected officials, and concerned citizens are involved in the continuing planning process and attend SWTAC meetings. The Johnson County Council of Governments Solid Waste Planner, the Linn County Director of Planning 3 3� and Zoning, and the University of Iowa Waste Management Coordinator attend SWTAC meetings. The Linn County League of Women Voters are participants as well. The SWTAC provides valuable input into the work plan of the solid waste planning coordinator. In return, the coordinator serves as staff person to the committee. The SWTAC meetings provide a lively regional forum to air concerns about costs, management alternatives, proposed legislation and administrative rules, and unique management efforts. The solid waste planning coordinator is charged with overseeing the region's progress regarding the implementation plan and reduction goals. The coordinator monitors solid waste legislation, coordinates with other agencies and oversees the activities of the solid waste education planner. The coordinator also provides regional programs to further assist county/city representatives. Certain programs have proven more feasible and cost-effective at a regional level. For instance, waste reduction and recycling education activities are provided on a regional basis by the ECICOG office. The cost per resident is much lower at a regional rather than local level. Any county/city representative can tap into these activities and use the resources provided at the regional level. Funding for the coordinator, the education planner and regional solid waste activities is provided through the landfill planning set-aside charge. Each landfill retains $0.95 per ton locally to fund solid waste activities. From this, ECICOG charges a per capita rate by service area. 4 3g Total local cost for all programs for Fiscal Year 1994 is $0.17 per capita. The ECICOG Solid Waste Department has found additional subsidy through Landfill Alternative Grants and special contracts with local governments (i.e., Linn County Tire Collection Program and Linn County Education Program). At the inception of the coordinator's position, the SWTAC and the ECICOG Board determined that the position would be funded for three years. This three-year funding cycle coincided with the next update of the comprehensive plan, originally due June 1993. With the development of the ECICOG FY94 workplan and budget, the SWTAC was asked for a recommendation concerning the extension of the coordinator's position. After much deliberation and discussion, the SWTAC recommended that a regional position be funded until the year 2000, but that another review take place in 1997. This date coincides with the date by which comprehensive plans must be implemented.'The ECICOG Board upheld this recommendation. A solid waste education planner has- been in place, on a temporary basis, since 1991. A position has been funded twice by Iowa Department of Natural Resources Landfill Alternative Grants. In November, 1992, the SWTAC recommended and the ECICOG Board approved moving this position to a full-time permanent one after the expiration date of the latest Landfill Alternatives Grant (November 15, 1993). This decision was based on recommendations from the comprehensive plan and the demand for solid waste educational services. The work plan for the education planner will be developed after the implementation plan has been approved by the SWTAC and ECICOG Board. The position will provide direct technical assistance to the area's communities and counties and further development and implementation of regional education programs. 5 3% Update Process And Methods The update of the regional plan began soon after the regional coordinator was hired. Information concerning the solid waste management activities in the region began to be collected. In 1993, a timeline for the update submittal was prepared to guide the process. The SWTAC recommended that each local government overseeing landfill operations appoint a public input committee to, contribute to the update process. Iowa City and Linn County appointed separate committees, Cedar Rapids used quadrant committees developed for input in the Community Development Block Grant program, and Jones, Iowa, Benton and Tama Counties used their respective landfill commissions. The first public information for the update process meeting was held July 20, 1993, with significant attendance. The agenda covered the regional comprehensive plan update process, a review of the current implementation plan, a review of landfill tonnages and preliminary abatement table and a period for public input. The second series of public meetings were held October 5 (in Cedar Rapids) and October 7 (in Iowa City), 1993. Attendance at these meetings was smaller, but discussion was lively with considerable public comment, especially at the Iowa City meeting. The proposed implementation plan and outline, tonnage figures and the regional and individual landfill waste abatement tables were discussed_ at these meetings. The draft plan was reviewed by the SWTAC and recommended for approval on November 16, 1993. The ECICOG Board reviewed and approved the plan November 0 06 29, 1993. The plan was subsequently sent to local governments for approval, along with a proposed letter of cooperation. The finalized plan, including letters of cooperation, was submitted to IDNR in January, 1994. The final plan will be presented at another public meeting in early spring, 1994. Work plans for both the coordinator and education planner will be developed from the implementation plan. 7 M PRESENTATION OF PLAN INFORMATION Implementation Plan Explanation The implementation plan was developed from assessment of the previous implementation plan and regional progress and from public input. Volume Reduction/Toxicity Reduction This portion of waste management is given more attention with more emphasis placed on different efforts to reduce waste, both its volume and toxicity, at the source. The SWTAC strongly supports volume reduction and its importance in meeting reduction goals, as well as toxicity reduction and its importance in furthering the protection of groundwater quality. The region should encourage a strong waste volume reduction education program by supporting local efforts. Local governments should investigate and consider adoption of unit -based pricing systems. The ECICOG coordinator can assist local governments in the investigation, assessment and adoption of unit -based pricing. The use of a unit -based pricing system, along with a comprehensive recycling program, can achieve considerable reductions of solid waste, while bolstering recycling participation. The development of a waste reduction educator position can provide the educational support necessary for successful programs throughout the region. In addition, the region should join with private haulers to encourage waste reduction efforts in the public and private sectors. ECICOG solid waste staff should begin a regular program of disseminating waste volume reduction and toxicity reduction inormation to private haulers. In turn, solid waste officials should seek the input of private haulers regarding opportunities for waste reduction.. s N Regarding toxicity reduction, the region should continue to support a strong household hazardous waste (HHW) education program. The ECICOG education planner can further these efforts by continuing the storm sewer labelling program and seeking public forums for the distribution of HHW information. The region should establish a permanent regional HHW collection site, requesting grant funds from the IDNR and developing a funding mechanism for operations. Costs for operation can be lowered by establishing local programs for handling waste paint, batteries and oil, and by coordinating with the By -Products and Waste Search Service at Kirkwood to find a home for reusable materials. Local materials exchange programs should be investigated and established, if possible. The region should pursue out opportunities to coordinate with other regions and with IDNR to reduce hazardous waste contractor costs. The region should continue to solicit funds for Toxic Waste Clean -Up Days, as well as investigating local funding for clean-up days held more often. Support of a strong HHW education program can serve to control costs in the long term. By encouraging residents to reduce toxicity at the source by using safer alternatives, fewer materials will need to be managed. The continuation of the University of Northern Iowa's By -Products and Waste Search Service (BAWSS) is crucial in obtaining significant reductions from the industrial and commercial business sector in this area. This program has achieved considerable success, but through more strenuous promotion and support, even greater reductions are possible. Landfill staff should work with the program representative to 9 c 3 O identify wastes for reduction and reuse efforts. The ECICOG coordinator should also work with private haulers to encourage their input in identifying wastes to be reduced through this program. Businesses should also be encouraged to contact the program representative for the Waste Reduction Assistance Program (WRAP) at the Iowa Department of Natural Resources for technical assistance to improve processes to reduce waste. The primary goal of this regional waste management program should be to reduce as much waste (volume and toxicity) as possible at the source. Recycling/Reuse/Composting All local governments, communities and counties, must have a waste reduction and recycling program. Local governments not already using curbside recycling should evaluate the success of drop-off programs and strongly consider curbside. The ECICOG coordinator can assist local governments in the assessment process as well as in the planning process for curbside. Drop-off programs to serve rural populations should be established. Opportunities and costs for coordination with private enterprise. should be considered. The region should periodically assess the need for regional marketing efforts. The SWTAC meetings, with the BAWSS representative present, are an appropriate io M forum for discussing these possibilities. Sub -regional marketing efforts should be investigated, if transportation costs prohibit the entire region's participation in any one effort. Iowa City and Cedar Rapids already serve as regional centers for services, so a natural flow of materials to these two communities should be expected and planned for, both in the private and public sector. The ECICOG coordinator should seek markets and opportunities for additional items to be recycled. Efforts to include as many items as possible to be recycled should be investigated and supported. The region should assess the need and feasibility of solid waste composting in its waste management scheme. Collection of material based on source separation of compostables, possibly with co -collection of recyclables, should be investigated as a part of the feasibility process. To take advantage of this mechanism's ability to further the region's progress toward the 50% reduction goal, the possible establishment of a facility should be back -timed from a reasonable date prior to 2000. This date should allow for the facility to be in operation prior to 2000 so that reductions can be achieved before this date. Cedar Rapids has the largest waste stream in the region and the shortest landfill life, so this community's investigation of solid waste composting as an allowable (waste reduced through solid waste composting may be counted toward a landfill's reduction goal) reduction alternative is natural. The regionalization of a proposed solid waste composting facility should be sought for an economy of scale that will benefit all 11 31� participants. At this time, Linn County, Iowa City and the University of Iowa have shown interest in participating. Progress toward establishment of a regional solid waste composting facility should be thoroughly planned with allowances for changes in technology that may affect processing and sizing. In addition, outside activities may have an impact on the development of a facility. The establishment of the Cedar River Paper Company corrugated cardboard and waste paper recycling plant in Cedar Rapids will have a definite impact on facility planning. Solid waste staff should be alert to additional activities which may have an affect on, or preclude the need for, a regional solid waste composting facility. The ECICOG coordinator can and should facilitate the planning process and in fact, ECICOG itself can serve as a contractor for consulting or engineering services on behalf of participating local governments. The SWTAC meetings provide the perfect setting for continued discussion on this matter. Incineration For Energy Recovery While this waste management alternative is farther down the waste hierarchy, and local governments' ability to count material processed for incineration or incinerated toward the waste reduction goal is limited, the region should periodically assess the state of incineration in Iowa and determine its appropriateness. This will no doubt happen on a fairly regular basis due to proposals from the private sector. This 12 3'� was anticipated in the previous comprehensive plan's discussion of incineration. The region should continue to draw insight and direction from that discussion. The previous implementation plan provided a sound argument against establishment of a publicly -owned facility, and that argument continues to hold. In addition, the previous implementation plan encouraged a determination of need before any facility enters the planning process. Considering the potential cost and impact of such a facility, this determination should be categorical. A determination of the facility's impact on the local governments' and region's progress toward the 50% goal should be made. In addition to assuring the health, safety and welfare of citizens through requiring state-of-the-art environmental safeguards, local governments should reserve other conditions as necessary as requisites for local siting approval. At this time, the state's political environment is not friendly for the establishment of incinerators, whether for energy recovery or for volume reduction. Since legislation may change, the ECICOG coordinator should continue to track, on behalf of the region, state legislation as it affects incineration. While the debate for a truly integrated waste management system still includes incineration, the region should approach this alternative with caution. Turning over an essential corporate purpose to a private entity requires a thorough investigation of risk. 13 3� Incineration For Volume Reduction This option for waste management is considerably farther down the hierarchy and opportunities for meeting the reduction goal through this method are extremely limited. The region should track Iowa legislation and give limited time for assessment of its appropriateness as a waste management alternative. Sanitary Lan4=ng While this alternative is farthest down the hierarchy of preferred waste management, sanitary landfilling will continue to be a significant disposal option in the future. The region should continue to investigate regionalization of landfilling and cooperation in management efforts. Cedar Rapids and Linn County have investigated and are pursuing a joint waste management agency. If and when this agency is established, other local governments should look for coordination opportunities. For instance, if a solid waste composting facility were pronounced feasible and planning progressed, the region should consider the extension of the Cedar Rapids and Linn County solid waste agency to include other participants and bring the composting facility under operation of the agency. Should Iowa City or Jones County choose to participate in the solid waste composting effort, by joining with Cedar Rapids and Linn County under the auspices of a sub -regional agency, further efficiency and cost-effectiveness could be achieved. Coordinated disposal of materials may be possible among the landfills and may extend landfill life. 14 M Tama County and Benton County should look for further coordination of waste management, as well as recycling and waste reduction opportunities. Intergovernmental coordination could enhance both landfills' progress toward reduction. . As of July, 1993, all landfills in the region have a scale to track incoming waste by weight; determination of each landfill's progress toward the 50% goal will be considerably easier. The ECICOG coordinator should compile tonnage figures and prepare the necessary information to determine the region's waste reduction progress, according to IDNR's requirements. 15 3� Current Waste Management Activities Benton County Benton County has chosen to offer county -wide recycling support by offering each community a recycling trailer, which the county has had constructed. This approach allows for some guidance from the county, but provides for local flexibility in implementation. Communities have the option of using the trailers for a drop-off program or a curbside collection program, or both. Newspaper, corrugated cardboard, milk jugs, metals and clear glass are collected by the county and then processed at the county recycling center, located in Vinton. The county also collects and processes oil filters. The program, under the direction of the county engineer, is growing in participation. Actual participation is difficult to determine but is estimated to be 40- 50%. Monthly tonnages received at the county recycling facility started at around 35 tons, but both participation and tonnages are growing so that the facility is now taking around 50 tons per month. The county has provided an educational piece regarding materials collected, but educational support from ECICOG staff could be stronger to increase participation and lower contamination. The county has begun to address industrial wastes by charging a $40.00/ton fee on construction and demolition material. In addition, the county engineer has also served more or less as a broker for some of this material, by finding alternative users. This has been fairly successful, and the.county is interested in continuing this effort, since it's kept bulky, hard -to -manage wastes out of the landfill. M -3% Iowa County Iowa County supports both public and private recycling efforts. The City of Marengo offers a monthly collection, held on Saturdays, which serves much of the city and county residents and brings in seven to ten tons a month. Several of the communities in the county, such as Williamsburg and North English, have joined with a private hauler and recycler to adopt a unit -based pricing system on garbage and a curbside collection program. All communities have access to a recycling program but participation rate is difficult to determine. Participation is probably higher in those communities with a coordinated unit -based pricing system and comprehensive curbside recycling. The private hauler offering these services in Iowa County claims waste reduction rates as high as 50%. Iowa County Sanitary Landfill'receives considerable waste from industry and commercial business in the northern part of the county. Probably the largest and latest generator of waste in the county is the Tanager Outlet Mall, located at Williamsburg. A private hauler is currently offering cardboard recycling, but certain items, such as plastic film, are generated in very large quantities and at this time, are not collected as completely as hoped. These additional wastes have slowed Iowa County's waste reduction progress. While programs are in place, and running efficiently, ECICOG staff should work more closely with private haulers and solid waste staff toward greater waste reduction by offering solid waste educational support, particularly in the area. of HHW, and technical assistance. ECICOG staff should promote the use of the By - 17 Products and Waste Exchange Search Service for waste items generated at the Outlet Mall which cannot be locally recycled. The county landfill commission should consider supporting a Toxic Waste Clean -Up Day application. Iowa C ty Iowa City has adopted a bi-weekly curbside recycling program. Newspaper, clear glass, metals, and #1 and #2 seamed plastics are collected. Participation is estimated at around 30%. The city also collects yard waste, around 2,500 tons per year, and accepts yard waste at the landfill for composting. All other communities in the- county, with the exception of two, have a recycling program. Participation in these programs is difficult to determine, but in those communities with unit -based pricing and curbside recycling, such as Hills and Coralville, participation is probably higher. In fact, one community with such a program claims over 80% participation with a 50% waste reduction. Iowa City and Johnson County have growing populations but have been able to stem respective growth in waste buried at the landfill. The landfill has shown considerable reductions, due in part to an educated and concerned populace and significant participation from industry. Such industries as Proctor and Gamble and NCS have achieved large reductions which are reflected at the landfill gate. The Johnson County Council of Governments hired a solid waste planner to serve as the county coordinator for waste management activities. The planner has 18 3`6 initiated such efforts as a waste reduction and recycling guide, an industrial recycling program and a county -wide toxic waste clean-up day. About 9 % of all waste landfilled in the Iowa City landfill is from the University. The University of Iowa, through aggressive recycling and waste reduction efforts, has also achieved a significant reduction, about 19 %. Paper and paper products reduction and recycling efforts have been considerable with equal results. The University's Waste Management Coordinator is also seeking to expand recycling in student housing, University hospitals and clinics. Large roll -offs have been provided on the campus to collect materials. The University is now also working with IDNR's Waste Reduction and Assistance Program. ECICOG staff should work with solid waste officials in Iowa City, Johnson County and the University of Iowa to expand recycling efforts and fine-tune programs. Educational support, particularly in the area of HHW, is needed. A thorough investigation of a unit -based system for garbage in Iowa. City should be done. ECICOG staff and county solid waste officials should coordinate increased use of the By -Products and Waste Search Service and WRAP by county businesses and by the University of Iowa. Cedar Rapids A strong industrial and commercial business base are the main contributors to the Cedar Rapids landfill. Probably 75 % of waste crossing the gate at this landfill is 19 S% from the industrial business sector. With an effective economic development program, new businesses are being added every year, and existing businesses are expanding. This poses continued waste management challenges for the area's largest landfill, since its remaining life is estimated at six years. While this area of the economy is growing, Cedar Rapids has still seen reduction at the landfill, no doubt from the active participation of business and industry. Several local companies have won the Governor's Waste Reduction Award, and they serve as models for other companies. The city landfill has encouraged large-scale recycling of asphalt and concrete, and last year (FY93), the solid waste program manager estimated about 50,000 tons of material was collected and recycled through this joint effort with Concrete Recyclers, Inc. The city has also adopted a successful roving recycling truck program. Every day, the recycling truck sets up operations in a different area of the community to accept dropped -off material. The range of materials that can be accepted this way is greater than that which can be accepted at the curb. The program also favorably compares in participation and material collected with other curbside recycling programs in the country. This program collects over 4,000 tons per year and participation is estimated at 25%. Commuters from all over the county and region also tap into the program. Cedar Rapids has achieved good reduction at the landfill by approaching waste management through several methods. Because industry is the source of most of the waste, bulky, heavy items from this sector were targeted first. Business participation is 20 3S strongly encouraged. Residential recycling is offering through a cost-effective drop-off program. The city also saw considerable reduction upon instituting a yard waste collection and composting program. about 20,000 tons per year are collected. In addition, the city has and will continue to investigate the viability of source - separated solid waste composting, perhaps on a regional scale. The effort will be another part of the city's total waste management scheme. The city should continue waste reduction and recycling efforts in the industrial sector, by further identifying and targeting easy -to -recycle wastes. Participation and strong support of the By -Products and Waste Search Service should continue. Expansion of the residential drop-off program should be considered, along with the establishment of permanent sites. To extract as much material and participation from the residential sector, the city should investigate the adoption of a unit -based pricing system on garbage. Further coordination with Linn County and other landfills, particularly Iowa City, could result in marketing and management benefits for all. The continued assessment of solid waste composting, starting with a collection study (investigating co - collection of recyclables), may result in a more formalized cooperation among the three landfills. Coordinated management and disposal should definitely be considered, especially upon the establishment of a solid waste composting facility. 21 3 �b Jones County Jones County has made significant progress toward its 50% goal by banning all identified recyclables from the landfill. Every community in the county has a curbside recycling program, and county residents use the drop-offs at the landfill. The Men's Reformatory at Anamosa offers minimal recycling processing. Many recyclables collected by private haulers go to -the Cedar County facility in Tipton or to the facility in Maquoketa. Because of the landfill ban, citizen participation is considered high. ECICOG should work more closely with solid waste staff to promote the By - Products and Waste Search Service among businesses, and to expand educational efforts to increase participation and reduce contamination. Solid waste staff should investigate further management coordination with area landfills and marketing opportunities to increase.the number of materials recycled. 22 3� Tama County Tama County's support of local waste reduction and recycling programs has been limited. Most communities have recycling programs, but four communities do not. There is no consistent waste reduction and recycling policy throughout the county or at the landfill. Due to increased tourism activities at the Mesquakie settlement, waste going to the landfill has grown. In fact, the county's landfill shows a gradual increase in tonnage buried over six years. The landfill commission has been investigating waste reduction and recycling policies and coordination of recycling activities with Benton County. This should be continued. The commission should, through a policy directive, require every .community to offer a waste reduction and recycling program, collecting at least newspaper, clear glass, metals, and #2 plastics. Participation in the regional implementation plan should be tracked. The ECICOG staff should provide significant technical assistance and education support to encourage Tama County's efforts. 23 3 % Zinn County Linn County recently completed a county -wide recycling planning effort which had every community establish a recycling program and file a recycling plan with the supervisors. To this date, every community has participated except one; this community was waiting for a change in city administrative staff to take place before further action is .taken. Linn County has achieved significant reductions at the landfill, and participation in the proposed solid waste composting facility and further coordination with Cedar Rapids through the county solid waste management agency should assist the county in meeting the 50% goal. The county should ensure that all communities have a waste reduction and recycling program and that rural residents are adequately served. The county should take advantage of the previous planning process and expand these efforts to achieve maximum reduction. The construction of the recycling center/transfer, to be completed summer, 1994, station will further enhance the county's existing recycling program and assist active private haulers in offering services to residents and communities. Closer coordination with these haulers should be sought. 24 3� Cedar Rapids Water Treatment and Water Pollution Control These two process landfills currently bury material which should used in alternative methods. The Cedar Rapids Water Treatment facility has significantly increased its disposal, due to tremendous growth in the industrial and commercial business sector. Supporting material for economic growth, supplied by Priority One (the area's economic development organization) shows that since 1986, civilian labor force has grown by 8,800 people and resident employment increased by 10,700 workers. In that time, forty new companies have been attracted to the area and thirty- six existing companies have expanded. Increased labor force and new businesses have placed a tremendous demand upon the water treatment facility. In fact, to accomodate existing industry and to remain a competitive economic development center, the City of Cedar Rapids is currently constructing a $30 million water treatment plant. With this data supporting the growth of the water treatment landfill's sludge disposal due to a period of tremendous economic growth in the Cedar Rapids area, the SWTAC choose to use the FY88 figures in the waste abatement table for all six years. Both the Cedar Rapids and Linn County landfills should investigate the use of lime sludge and fly ash as a partial substitute for daily cover and for land application. The ECICOG staff and local solid waste officials should actively include officials from these facilities in future waste management planning. Significant reductions could be achieved. 25 3� Tonnage Figures Tonnage figures for each landfill over the past six years are presented. Quarterly reports for FY88 were not required at the time, so annual figures were provided by each landfill. Comparisons against Fy88 figures are provided. 26 36 e Population Estimates Population estimates are provided for the development of the waste abatement tables. 1980 and 1990 US Census figures are used, and 1980-1990 estimates were developed using the linear regression method. Population projections were developed, again using the linear regression method and year 2000 population estimates from Woods and Poole. Service area populations are provided for Cedar Rapids, Linn County, Iowa County and Iowa City. Waste Abatement Table Using the population estimates and tonnage figures supplied by landfills, a regional waste abatement table and a table for each landfill was developed. The regional abatement table shows a 25.96% reduction. Figures for waste landfilled differ from the tonnage figures reported. The Fy88 figure from the Cedar Rapids Water Treatment facility was used for all six years, due to considerable increased growth in the industrial/commercial sector. However, around 100,000 tons has been reduced from area landfills since Fy88. This, combined with increased population, results in a reduction greater than 25%. To meet the year 2000 goal, the region needs to hold waste production in line and target 100,000 more tons for reduction. 27 ECICOG REGION LANDFILLS Disposal Projects Included In This Comprehensive Plan yr, , '.Y' Y '' Benton County Sanitary Board of Supervisors Benton County Landfill Iowa County Sanitary Regional Environmental Iowa County Lance Improvement Commission (except City of Victor) .................................................................................................. Iowa City Sanitary City Council Iowa City Landfill Johnson County Communities Kalona (Washington County) Riverside (Washington County) Jones County Sanitary Jones County Jones County Landfill Solid Waste Management Commission Linn County Sanitary Board of Supervisors Linn County Landfill Cedar Rapids Sanitary City Council Cedar Rapids Landfill Palo, Ely, -Fairfax Tama County Sanitary Tama County Tama County Landfill Landfill Commission Cedar Rapids Water City Council Cedar Rapids Department (Lime Sludge Disposal Site) Cedar Rapids Water City Council Cedar Rapids Pollution Control (Flyash Disposal Site) I NON-VOTING REPRESENTATIVES SOLID WASTE TECHNICAL ADVISORY COMMITTEE East Central Iowa Council of Governments Update 11116/93 VOTING REPRESENTATIVES Canton Courtty Gerald Peter meler County Engineer P.O. Box 759 Vinton, IA 52349 319.472.2211 .Ciry:of Cedar Hapitls 1 Dave Hogan SW Mgmt. Coord. City Hall 2nd Ave. Cedar Rapids, IA 52404 319.398.5051 Charles Schmadeke Dir. Public Works 410 E. Washington Iowa City, IA 52240 319.356.5141 �lowa County Rick Heiler Environmetal Dir. P.O. Box 371 Marengo, IA 52301 319.628.4943 JonesCountyx M Diane Casper Enviro. Sanitarian 100 Park Avenue Anamosa, IA 52205 319.462.4715 Unci County ` w> Jerry Nelson County Engineer 1888 County Home Rd. Marion, IA 52302 319.398.3445 `Tanta County: Bob Gumbert County Engineer 1002 E. 5th St. Tama, IA 52339 515.484.3341 Non-voting representatives on reverse side P• l0rr.1 Tomo • Ra ort With Wal Trutn,.nl and Walu P0295on Cordial Landfill• 6 OdoC.r 1993 - FI u..1. 0"ad In tone %Cha a.nton OumIN P .. F to F 90 Flail rye F 03 F 89-93 J /2. t 4038 2314 2514 2.14 2507 O.1/O.. 4034 2034 gin 1s04 2107 JaNY.r 4036 2013 2303 1821 1327 1/Jun 4038 23" 26111 2474 3005 TOTAL 10152 Islas 9720 lease 374! 0042 -44% 90 %Chan Ounrl.r F 20 F t0 F 90 F 1 FyQ2 F 93 F 80-03 Jul /a. 1 2390 2320 2703 2414 2907 OwDea 2220 5202 2234 1414 1770 J•NYu 2772 2071 1231 1395 1700 Won ]364 2135 223] 1506 2232 TOTAL 10117 11252 0401 0101 7232 2729 -14x J.nu %Chan a O u.rl.r f as F 60 F 00 Frei F 2 F 03 F et -as Jul /a. 1 11102 1203 1370 1127 201 0.1,10.. 1401 1432 1329 934 as0 ".111. 1347 list 1121 Ns 057 r/Jun 1743 1507 11.5 372 1162 TOTAL does 9043 2142 4226 ]310 3903 -35% Lim Chan OuNu F se F 30 F 20 ryol F 92 F 93 F 68-03 ast2 7022 7130 5735 7255 59145.9 sloe nsg os{ aoz aes J.NYu 3010 {736 Seas 5553. 4140 Air/Jun ____ 13210 8801 5717 0154 0347 TOTAL 33472 20275 24020 21407 24844 232117 -40% Ts %Chan . Ou.rl.r F 83 F a9 F s0 F 21 F 92 F 93 F 26-03 1500 1522 Is 88 3239 4207 OW/O.a 1500 1412 2414 2232 2095 LNYu 1263 1459 1561 2133 1790 AA Wu. 1000 1252 1532 4949 2793 TOTAL 5209 5203 8815 7337 14557 loses l00% C.N.FId. % Clan . Ouulm- _ FrLs F so F 90 F 91 F 22 F 93 F 88-93 JW /3. 1 34030 03737 01531 42149 42000 OWD. 71422 00291 07910 37040 35540 J.NYu 40053 59502 40733 30472 14205 ApI/Jun 59037 09010 00750 43)23 44520 TOTAL 210000 206452 2551!13 21102] 100350 159477 -25% I." CRY % Chan OuW.r F ma F m9 F 90 Fy2I F 92 Flog F 53-03 July/Sept 23040 27195 22392 Mill 22032 Oct/O.. 24050 22304 14271 17544 17865 J.n/Yu 23022 10048 10019 1002] 10058 tr/Jun 26180 23485 21383 20009 i0003 TOTAL 10023a 102897 02532 78041 75204 77439 -27% CflWf x Change qugulw F 2t F 80 P 00 F 91 F 92 F 03 F e3-93 1051 !498 Lis legs 1413 436 1293 230 40M 1642 1142 lama 939 3032 3305 775 test 013 1744 3478 ]407 3400 0436 3153 11321 9543 189% IT!3407 CRVMC 89 P 60 1412 F 21 1471 F 92 042 % F 9]1843 572 Ch.nPt/tF a00 16]8 1008 559 1307 1400 1383 ass 950 1279 A r/Jun 1 2109 1038 056 943 1755 TOTAL 5009 0359 6479 4355 3003 4973 -/% TOTAL 400684 397400 {15800 350174 31317/ ]00632 -24% a F - Po Mations For E��CppICOG C(�ytounties and Communities 198123527. 96279 20305 15349 �'2� 169677 yeny pp 19322 110097 51431 .f 434 a 693 528 1038 1872 824 1982 23Z 96568 20210 15269 169579 19110i 109950 52354 443 702 526 1030 1881 823 1983 23283 968581 20114 15189 169481 18899 109804 53277 453 712 525 1022 1891 822 1984 23161 97147 20018 15109 169383 18687; 109658 54200 462 722 523 1014 1901 822 1985 230391 97437 19923 15030 169286 18476 109512 55123 471 732 522 1006 1910 822 1986 22917• 97727 19827 14950 169188 182651 109365 56046 480 741 520 998 1920 823 1987 22795 98016 197311 14870 169090 18053' 109219 56969 489 751 519 990 1930 824 1 1989 vx ^•s'.„ ,22673'!,',4 OS3&4 MW168, 22551 98595 4 19540 � ` 91f 14710 , ' ..:, 168894 784 " 17630 1089261 58815 508 770 516 974 1949 826 ,:980°- .,+,.s`' ` �9 '.'.68885 ',.., 1991 22516 99713 >y94!!�4 • 19523 %1630 :,..+1 1.4656 - a 169763 :1?"418 17422 if lie 109400 60240 520 785 517 968 1968 812 1992 22603 100540 19601 14682 170731 17425 110020 60742 523 789 520 970 1978 816 '3993` 1994 "va ,,,�??.��# -• �.'IdiBtIB ' 22777 102195 �'`1968b 19758 4� 14734 b ^< 172666 ..1?d 17431 KY66G41iP' 111260 � 61745 529 799 x623 526 974 1997 824 1995 22865 103023 198371 147601 1736331 17435 111886 622471 5331 8041 530 976 2007 828 1996 22952 103850 19916 14786 174600 17438 112500 62749 536 8081 533 977 2017 832 1997 23039 104678 199941 14812 175568 17441 113120 632511 539 813 S36 979 2027 836 1998 23126 105505 20073 14838 176535 17444 113740 63752 542 8181 539 981 2036 840 1999 23213 106333 20151 14864 177503 17447 114360 64254 545 822 542 983 2046 844 2000' 7^..'23309 .,, 4 "t. 7X1 '^2ti25B -489E4 <1 ,$4• Q :. G1'7'A6MM •._14960 §W84X56 O... .. I Po Mations For Service Areas 1981 111751 57926 14311 98974 1982 111622 57957 14239 99272 1983 111493 57988 14167 99571 1984 111364 58019 14095 99870 1985 1112361 _ 58050 14024 100169 1986 1111071 58081 13952 100469 1987 110978 58112 13880 100769 1989 s1 1991 110720 {: 111222 58174 58542 13736 13688 101371 102492 1992 111853 58878 13712 103334 1993 1124841 59215 13736 104175 1994 113115 59551 13760 105016 1995 113746 59888 13785 105858 1996 114376 60224 13809 106699 _ _ 199_ 115007 _ 60560 13833 107540 T !1998 115638 _ 60897 13857 108381 1999 116269 61234 13881 109223 '011 '� a� bin 3 3q October 7, 1993 YEAR Fy88 Fyag I F01Fy901 Fy91 Fy921 F21Fy93 1 POPULATION 1 3440201 3437221 34M31 345405 1 347406 1 949408 % Change from FY88 —0.09% —0.09%1 O.Smi 0.58% 1 0.58% 2) SOLID WASTE LANDFILLED AND STOCMLED tons 400684 587497 412577 950428 907260 900086 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED FUEL tons 5) INCINERATION AMOUNT tons 6) SOLID WASTE GENERATION tons 400684 587497 412577 1 350428 • 307260 900086 7) PER CAPITA SOLID WASTE GENERATION RATE 1.16 1.13 1.20 1.01 0.88 0.86 8) 1988 PER CAPITA SOLID WASTE GENERATION RATE 1.16 1.16 1.16 1.16 1.16 1.16 9) PERCENT REDUCTION RECYCLING PER CAPITA 0.00% 2.81% —3.57% 12.54% 23.76% 25.96% Note— Totals for Line 2, Solid waste Landfilled and Stockpiled, are derived by using tonnage report totals. Totals from the tonnage report and the abatement table differ because the FY88 tonnage for the Cedar Rapids Water Treatment landfill (CRWT) were used in figuring the total for all six years. Populations were derived using the 1980 and 1990 Census figures and the 2000 population estimates from Woods and Poole, using a linear regression method. October 7,1993 YEAR Fy88 Fy89 Fv90 Fy9l I —Fy921 Fy93 1 POPULATION 178421 176301 174191 174221 174251 17428 % Change from FY89 —1% —2% —2% —2% —2% 2) SOUD WASTE LANDFILLED AND STOCKPILED tons 5209 5863 6815 7337 14557 10885 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED FUEL tons 5) INCINERATION AMOUNT tons 6) SOUD WASTE GENERATION tons 5209 5863 '68151 7337 14557 10885 7) PER CAPITA SOUD WASTE GENERATION RT. 0.29 0.33 0.39 0.42 0.84 0.62 8) 1988 PER CAPITA SOUD WASTE GENERATION RT. 0.29 0.29 0.29 0.29 0.29 0.29 9) PERCENT REDUCTION RECYCUNG PER CAPITA 0.00% —14.68% —34.91% —45.22% —188.07% —115.37% 3% e October 7, 1993 YEAR Fy88 Fy891 F91Fy90 Fy9l Fv921 F21Fv93 1 POPULATION 196351 195401 194441 195231 196011 19680 % Change from FY89 0% —10A —1% 0% 0% 2) SOLID WASTE LANDFILLED AND STOCKPILED tons 6083 6043 6142 4928 5918 3903 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED FUEL tons 5) INCINERATION AMOUNT tons 6) SOLID WASTE GENERATION tons 6089 6043 6142 4928 3918 3903 7) PER CAPITA SOLID WASTE GENERATION RT. 0.31 0.31 0.32 0.25 0.20 0.20 8) 1988 PER CAPITA SOLID WASTE GENERATION RT. 0.31 0.31 0.31 0.31 0.31 0.31 9) PERCENT REDUCTION RECYCLING PER CAPITA 0.00% 0.00% —2.14% 18.38% 35.37% 35.87% October 7, 1993 YEAR Fy88 Fv891 F91F01Fv901 Fy9ll F21FY921 Fy93 1 POPULATION 1 147901 147101 146301 146561 146821 14708 % Change from FY89 2) SOLID WASTE LANDFILLED AND 10117 11252 9404 9101 7232 8729 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED FUEL tons 5) INCINERATION AMOUNT tons 6) SOLID WASTE GENERATION tons 10117 11252 9404 9101 7232 8729 7) PER CAPITA SOLID WASTE GENERATION RT. 0.68 0.76 0.64 0.62 0.49 0.59 8) 1988 PER CAPITA SOLID WASTE GENERATION RT. 0.68 0.68 0.68 0.68 0.68 0.68 9) PERCENT REDUCTION RECYCLING PER CAPITA 0.00% —12.49% 5.47% 8.68% 1 27.56% 12.72% 3,q YEAR FY88 FY89 FY90 Fy9lj Fyg2l FY93 1 POPULATION 1 226731 225511 224291 225161 226031 22690 % Change from FY89 —1% —1% —1% 0% 0% 2) SOLID WASTE LANDFILLED AND STOCKPILED tons 16152 16152 8720 10689 8745 9046 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED FUEL tons 5) INCINERATION AMOUNT tons 6) SOLID WASTE GENERATION tons 16152 16152 8720 10689 8745 9046 7) PER CAPITA SOLID WASTE GENERATION RT. 0.71 0.72 0.39 0.47 0.99 0.40 8) 1988 PER CAPITA SOLID WASTE GENERATION RT. 0.71 0.71 0.71 0.71 0.71 0.71 9) PERCENT REDUCTION RECYCLING PER CAPITA T"07% 0.00% —0.88% 45.24% 33.14% 45.51% 43.85% 5w October 7, 1993 YEAR F 8 Fy891 F91Fy901 Fy9ll Fy921 F21Fy93 1 POPULATION 1108491 1107201 1105911 111222 111853 112484 % Change from FY89 0% 0% 0% 1% 1% 2)SOLID WASTE LANDFILLED AND STOCKPILED (tons) 210000 206452 255153 211083 166350 158477 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED ' FUEL tons 5) INCINERATION AMOUNT tons 6) SOLID WASTE 210000 206452 255153 211083 166350 158477 GENERATION tons 7) PER CAPITA SOLID WASTE GENERATION RT. 1.89 1.86 2.31 1.90 1.49 1.41 8) 1988 PER CAPITA SOLID WASTE GENERATION RT. 1.89 1.89 1.89 1.89 1.89 1.89 19) PERCENT REDUCTION RECYCLING PER CAPITA 0.00% 1.34% —22.07% —0.42% 21.31% 25.46% 5w M5 YEAR F 88 FY891 F91FY90 I Fy9l FY921FY93 1 POPULATION 58143 581741 582051 585421 688781 59215 % Change from FY89 0% 0% 1%1 1%1 2% 2) SOLID WASTE LANDFILLED AND STOCKPILED tons 38472 29275 24825 21487 24844 23207 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED FUEL tons 5) INCINERATION AMOUNT tons 6) SOLID WASTE GENERATION tons 98472 29275 24825 21487 24844 29207 7) PER CAPITA SOLID WASTE GENERATION RT. 0.66 0.50 0.43 0.37 0.42 0.39 I8) 1988 PER CAPITA SOLID WASTE GENERATION RT. 0.66 0.66 0.66 0.66 0.66 0.66 9) PERCENT REDUCTION RECYCLING PER CAPITA 0.00% 23.75% 35.38% 44.39% 36.07% 40.62% M5 MMM October 7, 1999__ YEAR I Fv8131 F91Fv891 Fy90 Fy9ll Fy921Fy93 1 POPULATION 1 1010701 1013711 1016511 1024921 103334 104175 % Change from FY89 1 0% 1% 1% 2% 3% 2) SOLID WASTE LANDFILLED AND STOCKPILED tons 106235 102697 92632 78041 75204 77459 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED FUEL tons 5) INCINERATION AMOUNT tons 6) SOLIDWASTE 106235 102697 92632 78041 75204 77459 GENERATION(tons 7) PER CAPITA SOLID WASTE GENERATION RATE 1.05 1.01 0.91 0.76 0.73 0.74 8) 1988 PER CAPITA SOLID1.05 WASTE GENERATION RATE 1.05 1.05 1.05 1.05 1.05 9) PERCENT REDUCTION !RECYCLING PER CAPITA 1. 0.00% 3.52% 13.21% 27.48% 30.69% 29.19% w October 7, 1993 YEAR F 8 F 9 OY90 FY911 F11F21Fy921 F 1 POPULATION I 110MI 1107201 1105911 1112221 lilassi 112484 % Change from FY89 1 0% 0% 0% 1% 1% 2) SOLID WASTE 3407 3406 6436 3153 11321 9843 LANDFILLED AND STOCKPILED (tons) 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED FUEL tons 5) INCINERATION AMOUNT tons 6) SOLID WASTE GENERATION tons 3407 3406 6436 3153 11321 9843 7) PER CAPITA SOLID WASTE GENERATION RATE 0.09 0.03 0.06 0.03 0.10 0.09 8) 1988 PER CAPITA SOLID WASTE GENERATION RATE 0.09 0.03 0.09 0.09 0.03 0.03 9) PERCENT REDUCTION0.00% RECYCUNG PER CAPITA- __ 0.00% —89.18% 7.85% —229.02% —184.46% 31� rlz a;. - s.... .. .. .: .. .: .: lili October 7, 1993 YEAR F 88 I FyB9 Fy9ol Fy9il F21Fy921 FY93 1 POPULATION 1108491 1107201 1105911 1112221 111853 112484 % Change from FY89 0% 0% 0% 1% 1% 2) SOLID WASTE LANDFILLED AND STOCKPILED tons 5009 6356 5479 4355 3003 4973 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED FUEL (tons)" 5) INCINERATION AMOUNT tons 6) SOLID WASTE GENERATION tons 5009 6356 5479 4355 3003 4973 7) PER CAPITA SOLID WASTE GENERATION RATE 0.05 0.06 0.05 0.04 0.03 0.04 8) 1988 PER CAPITA SOLID WASTE GENERATION RATE 0.05 0.05 0.05 0.05 0.05 0.05 9) PERCENT REDUCTION RECYCLING PER CAPITA 0.00% —14.81% 0.91% 21.69% 46.30% 11.58% 3,::� DEMOGRAPHIC INFORMATION FOR THE GREATER CEDAR RAPIDS AREA �y Z 9 ss i f - Labor Force Summary . Cedar Rapids MSA 1arpteurw `ow arrd Wry ISR dostr+. by Paced holt. 4iae.dwas Oon=;a. Anrdnd Mad, mono an asp"MMaW nth wshn h/ah a oh ra0rd" dura Is Am he/ah sea. aharspo A0w% c4mmuftweam a Pubic tAadr "Flom d F4011" Cpl • A marred which masa an Vie" wmrrpin)ad ar rnploya4 in the w alta hs/ria sIr nprdwas at rase airs be/sh,Crls. Notar bray may nal add to WAIN tlua b fourld1r% BerWmaa MIM . Maras 110 Saaac lar Depress d EmpW nrro SOMrw, tabor Madre bVamrlr4 1107. C 3 c6 12131 = = Im = 128 = Im Im 1m 1 Manufacturing 262 23.2 213 21A 21.7 222 223 238 238 22.0 Durable Goods 19.1 162 141 14.0 14.1 149 15.0 162 15.7 152 Fabricated Metal 1.4 12 Ll L2 09 0.0 0.0 0.0 N/A- N/A- N/ Machinery 16.6 14.0 121 1L8 12.7 135 13.4 145 N/A- N/A- Nj Nondurable Goods7.0 7.2 7.4 73 73 73 7.7 8.1 6.7 Food & Kindred Produce 52 53 55 53 53 52 55 N/A- N/A- N) Nonmanufacturing 55.7 539 55.0 5710 592 60A 63.8 66.7 66A 68S t Mining 02 02 0.1 02 02 02 02 0.1 3800 4300 4� Construction 32 2S 2.5 2.7 28 2.8 32 3.1 3800 4300 & Transport, Comm, & UtilitieS3 39 3.9 38 3.7 39 43 5.7 65 58 58 Wholesale Trade 5.0 48 48 5.1 53 52 48 49 5.0 5.1 Retail Trade 14.5 13.6 14.0 14.6 14.9 153 16.1 17.0 173 17.6 1 Finance, Insurance, & Real Estate 4.4 43 4.4 4.7 4.9 4.7 49 49 4.6 4.7 Servicrs 15.4 15.6 15.7 165 173 179 18.9 19.9 229 24.0 Government 9.1 9.1 95 9.7 98 '10.0 102 102 108 115 1 Federal 0.9 0.9 LO LO LO Ll Ll Ll Ll 13 State 0.6 0.6 0.6 Ob . 0.7 0.7 0.7 0.7 0.7 Ob Local 7.6 7.6 8.0 8.1 81 82 8.4 85 9.0 95 Total Employment - Nonagricultural 819 771 763 78A 808 82.6 861 97.6 94.0 94S 9 Notes N/A•-tbis deuces were not bmkea down, '•-this 4 the total of mining and commuctioo Place of Residence Employment Datas State Resident Cailiaa Resident Total Unemployment Unemployment mgt Labor Force Emplsyment $ $ 1982 85,600 77.300 9.717b 8S% 1983 84,700 77,700 83% 8.1% 1984 84,000 77,900 72% 7.0% 1985 85,700 79,600 72% 8A% 1986 89,3w 83,800 62% 7.0% ]987 92,400 87,700 51% 5.5% 1988 96,500 92,800 38% 4.6% 1989 98,100 94,5W 3.6% 3.6% 1990 97,700 92,600 52% 52% 1991 97,300 92,300 5.1% 4.0% 1arpteurw `ow arrd Wry ISR dostr+. by Paced holt. 4iae.dwas Oon=;a. Anrdnd Mad, mono an asp"MMaW nth wshn h/ah a oh ra0rd" dura Is Am he/ah sea. aharspo A0w% c4mmuftweam a Pubic tAadr "Flom d F4011" Cpl • A marred which masa an Vie" wmrrpin)ad ar rnploya4 in the w alta hs/ria sIr nprdwas at rase airs be/sh,Crls. Notar bray may nal add to WAIN tlua b fourld1r% BerWmaa MIM . Maras 110 Saaac lar Depress d EmpW nrro SOMrw, tabor Madre bVamrlr4 1107. C 3 c6 MOMENTUM: The Results • Civilian labor force grew by 8,800 people. During that time, resident total employment increased by 10,700 workers resulting in a 2.6% decrease in the un- employment rate. • New Companies ... To date, Priority One has been directly involved in attracting 40 new compa- nies, and has helped 36 existing companies ex- pand. xpand. In addition, assis- tance was given to 19 existing companies who, as a result of this help, were able to maintain their labor force and .avoid layoffs. • Generating some $300 million in new taxable property. This is a conser- vative figure, and includes projects currently under construction. • Prospecting trips totaled 113, covering over 150 cities and spanning three continents. (All volunteers' travel was paid for inde- pendently.) • Lead generations from 50 states and 35 countries resulted in a phenomenal 1,756 responses compared to a conservative goal of 400. • Priority One teams have participated in 25 market- ing trips and trade shows sponsored by the state's Department of Economic Development in selected metropolitan areas. • Priority One has hosted .168 companies that have visited the Cedar Rapids area one or more times. Job Creation Goal Actual New Capital Investment Goal Actual Millions of dollars Existing Business Contacts 1,200 Goal Actual Existing Business Assistance 400 Goal Actual LEAGUE Y.OF WOMEN VOTERS 318 - Fift Building 318 Fifth Street S.E. OF CEDAR RAPIDS/MARION 3 e9d/a366-06Rapids, Iowa sz401 STATEMENT BEFORE THE EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS REGARDING THE PROPOSED REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN October 5, 1993 I'm Sue Bentley, Natural Resources Chair of the Cedar Rapids -Marion League of Women Voters. We've monitored the East Central Iowa Council- of Government's solid waste reduction program since its beginning. We're very pleased at the progress that's been made and we commend the ECICOG Board, the Technical.Advisory Committee and local officials for all they've accomplished. Public education was a logical way to begin when the waste Reduction and Recycling Act first took effect. fie appreciate the fine work you've done in education and hope it continues. But this plan seems overly -reliant on simply educating the public. At some point, public education yields diminishing.returns and the time arrives for direct action. We fully support the reduction goals in item V. but we need more information on how those goals will be achieved. We'd like to see source reduction addressed in the plan, particularly of excessive and redundant packaging materials, throw -away consumer goods, non -recyclable materials, and articles with planned obsolescence. Unit -based pricing provides good motivation for recycling and reduction of wastes. We advocate unit price reductions for businesses, haulers, and households that sort and prepare their wastes for recycling. 3� z. Convenience also encourage; recycling and reduction. The proposed assessment of curbside recycling in item II -B should be dropped in favor of a plan to implement curbside recycling programs where none yet exist. Curbside recycling has alrea0y been proven to be successful in communities across the country and within the ECICOG region. At the very least, plan pilot programs in major communities so local officials can see for themselves that curbside recycling is effective. The League of Women Voters has cosponsored two "'Toxic Cleanup Days" in Linn County. The public demonstrated a strong desire to properly dispose of hazardous household wastes. We fully agree that a permanent collection center should be established. People don't want to store hazardous waste at home for several years while waiting for another Toxic Cleanup Day. Some don't wait'and dispose of hazardous wastes in unsafe manners. Across the ECICOG region, more than one collection center may be needed. We also found that it's expensive and dangerous, if not impossible, to dispose of unwanted pesticides. ECICOG should include in its implementation plan establishment of a pesticide information exchange where Eastern Iowa farmers with excess herbicides and insecticides can locate other farmers who need those materials. dhen assessing the feasibility of the regional composting facility in item II -D, please consider the $5.5 million cost, annual operating expenses, the hauling distances involved, and the lack of flexibility of a central plant. Conventional composting methods, such as windrowing yard wastes on farm fields, can go a long way toward reducing wastes and are easily altered. Sewage sludge should be applied to enrich and speed the decomposition of compost. Nhatever method is used, it's important to return nutrients to the soil. 3T 3• Our landfills are filling rapidly. New regional landfills will be indispensable in the very near future and planning should proceed right away. We've appended a copy of the Nationsl League of Women Voter's position on waste management with five siting criteria we hope you'll use. Please remember that waste incineration is mandated by law to be the last resort before landfilling, only after all source reduction and recycling measures have failed. We would thoroughly approve regional marketing of recycled materials. It's a wonderful idea and it's an area where ECICOG can greatly benefit its members. ECICOG can also fill an important role by obtaining legislative and administrative clarification of obscure rules and vague regulatory definitions that govern waste disposal. Besides tracking legislation, please plan to establish and maintain direct contact with state legislators. Polluters are quick to c.omplain about environmental legislation. You're in a unique position to understand the problems of waste disposal in Eastern Iowa and our lawmakers need your feedback. We'll be following your work with great inter—st. Thanks very much for listening to our concerns. M Statement of Position on Natural Resources, as Affirmed by the 1986 Convention, Based on Positions Reached from 1958 Through 1986. The League of Women Voters of the United States believes that natural resources should be managed as Interrelated parts of life -supporting ecosystems. Resources should be conserved and protected to assure their future availability. Pol- lution or these resources should be controlled In order to preserve the physical, chemical and biological Integrity of ecosystems and to protect public health. Waste Management The League supports: • policies to reduce the generation and promote the reuse and recycling of solid and hazardous wastes; a policies to ensure safe treatment, transpo ta- tion, storage and disposal of solid and hazardous wastes In order to protect public health and air, water and land resources; • planning and dectslon-making processes that recognize suitable solid and hazardous wastes as potential resources; • policies for the management of civilian and military high- and low-level radioactive wastes to protect public health, and air, water and land resources; • the establishment of processes for effective In- volvement of state and local governments and citizens In siting proposals for treatment, storage, disposal and transportation of radloac- live wastes; a full environmental review of treatment, storage and disposal facilities for radioactive wastes; • safe transport, storage and disposal of radloac- five wastes. Criteria for Siting Waste Disposal Faculties The following criteria axe derived from the League's Natural Resources positions. They were developed to assist state and local Leagues In reviewing specific waste disposal sites and to help state and local Leagues evaluate both the process employed In site selection and the suitability of a proposed site or hazardous and radioactive waste treatment, storage and disposal facilities. This decision-making process should provide For. • ample and effective opportunities for public participation, including funding to conduct such participation s evaluation of economic, social and environmen- tal Impacts so that decision makers and the public have adequate Information on which to base a decision. In addition to the actual site, secondary land use Impacts—such as buffer areas, adequacy of roads, sewers, water, eta— should be considered; • an examination of alternative sites and methods of treatment and disposal. Comparison of costs must include short- and long-term costs, such as liability insurance, postclosum maintenance, monitoring of ground and surface waters and air before and after closure, and potential loss of land or water resources due to contamination; *participation and review by all government levels to assure conformance with all adopted comprehensive plans at each level of government; • procedures for resolution of Intergovernmental conflicts. Hazardous and radioactive waste treatment, storage or disposal facilities should be sited In areas that pose the least amount of risk to the public and to sensitive environmental areas. They should be located away from areas of critical concern such as: natural hazard areas subject to flooding, earthquakes, volcanoes, hurricanes or subsidence; • drinking water supply sources, such as reser- voirs, lakes and riven and their watersheds, and aquifers and their recharge areas; • fragile land areas, such as shorelines of riven, lakes, streams, oceans and estuaries, bays or wet- lands; • rare or valuable ecosystems or geologic forma- tions, significant wildlife habitat or unique scenic or historic areas; *areas with significant renewable resource value, such as prime agricultural lands or grazing and forest lands that would be destroyed as a result of the siting of hazardous waste facilities; • residential areas, parks and schools. October 7, 1993 testimony given to the Johnson County Solid Waste Management Technical Advisory Committee by the League of Women Voters -of Johnson County The League of Women Voters of Johnson County appreciates the opportunity to comment on the first update of the regional Comprehensive Solid Waste Management Plan for the participating counties in the East Central Iowa Council of Governments. Our review of the updated Implementation Plan has been done in cooperation with League members of Marion and Cedar Rapids. It is the regional approach to achieving the intention of the Iowa Groundwater Protection Act of 1987 that both of our Leagues support. The League of Women Voters of the United States believes that the federal government should provide leadership, guidance and financial assistance to encourage regional planning and decision making to enhance local and state capabilities for resource management. More specifically, this position includes support for regional, interregional and/or international cooperation when appropriate and the existence of mechanisms appropriate to each region that will provide coordinated planning and administration among units of government, governmental agencies and the private sector. In its position on local government, the League of Women Voters of Iowa emphasizes the need for increased area -wide and city - county planning and for strengthening interlocal cooperation. To promote coordination and cooperation among governmental units, the League of Johnson County is sending a copy of this testimony to the Solid Waste Management Technical Advisory Committee of Eastern Iowa Council of Governments, the Iowa City City Council, the Johnson County Board of Supervisors, the Iowa City Community School District, the Iowa City Press Citizen, the Cedar Rapids Gazette, the League of Women Voters of Iowa, and the Cedar Rapids/Marion League of Women Voters. Participating communities are to be congratulated in achieving sizeable percentages of landfill volume reduction, but as we face the 50% reduction target of the year 2000, the hardest work is yet to come. Citizens want to know why, what, how, and when they can see the effects of responsible behavior towards protecting of natural resources. Nationally, the League of Women Voters promotes an environment beneficial to life through the protection and wise management of natural resources in the public interest by recognizing the interrelationships of air quality, energy, land use, waste management, and water resources. We believe it is necessary to promote public understanding and participation in decision making as essential elements of responsible and responsive management of our natural resources. We urge the Johnson County Solid Waste Management Technical Advisory Committee to document the unit costs of recycling for a better understanding of local initiatives towards home owners' reduction behaviors. Citizens need to have explained the economic costs and benefits of what is being proposed. And to participate in the spirit of the communities'.endeavors, they need to see the regional perspective and how they fit into it. A basic action step of the League is citizen education. In 1989, we co- sponsored with Environmental Advocates a televised program I n the East Central Iowa Council of Governments Comprehensive Plan. As our region matures in the alternatives we attempt to achieve wise management of our natural resources, the League looks forward to participating with you in achieving specific objectives pertaining to citizen education. Thank you for providing us with the opportunity to publically participate in commenting on the Comprehensive Plan Update. League of Women Voters of Johnson County President, Kathy Penningroth • October 29, 1993 Fast Central Iowa Council of Governments Building EC5 P.O. Box 2068 6301 Kirkwood Boulevard S. W. Cedar Rapids, Iowa 52406 Dear Ladies and Gentlemen: City of Marion Please be advised that the Marion City Council has adopted Resolution No. 10977 regarding the proposed Regional Solid Waste lirplementation Plan under considera- tion by B=ODG. We would respectfully draw your attention to paragraphs No. 1. and 2. of Resolu- tion No. 10977 with regard to the imposition of mandatory policies and the potential benefits of waste to energy approaches to the solid waste situation. The City of Marion agates the opportunity to comment on the proposed Plan and hopes that the City Councilts positions will be seriously considered in the final draft of the Plan. Sincerely, Jeff Schott City Manager JS:st City Hall • 1100 Eighth AvenLIC • Marion, Iowa 52302 • (319) 377-1581 • FAX (3 19) 377-7892p -� O RESOU ON NO. 10977 ,y y. - Y - •• - 61 -a •• • - -71 r.—.= .� . • • - ro. un- .� • n• a • ..• r.. - and WEMzMS, such regional plan Will pertain to all within the ECICOG jurisdiction including the City of Marian, I la u E=00r. is soliciting public comments -qm - •i • p os e. plan prior to its consideration for adoption by ECICOG. - NOW, UMU71ORE,RESOLVED L I• 1HE CITY COMCIL OF THE CM OF MMON, •: • /• MMM SOS= t L.1 F=WIM POSITION Y• a E TO =003 W= REM= To L'1 PROPOSED •1aH •; I• S• t• MSTE DIPLEMEN=9 1. 7he City Council strcmgly opposes the imposition of mandatory poli- cies, with which governmental jurisdictions must ca¢ply. It is recog- nized that there are certain wastesstream reduction goals which have been established. However, it must also be recognized that the E7CICOG planning area consists Of very diverse and disparate ccmmuni- ties with very diverse and disparate community characteristics, demo- graphics, solid waste collection and fee systems, and politi- cal/social attitudes. It is recommended that ECICOG identify and even erraadge various approaches (including advantages and disadvan- tages) to accomplish the required targets without mandatitw specific policies that may or may not be appropriate for a specific ccmn3nity. 2. ghe City Council urges EICICOG to recognize the potential benefits of a waste -to -energy strategy, particularly in the Cedar Rapids metropol- itan area. It is recognized that the state -imposed solid waste hier- archy mitigates against such an approach. it is therefore recommend- ed that E7CICOG, in conjunction with other regional plaI agencies and associations Of cities and canities, work with appropriate state legislative and administrative organisations to assume that such an alternative be available if determined to be appropriate by local ju- risdictions. Passed and adopted this 21st day of October, 1993. r a ti� Wesley A. Nelson City Clerk 3s EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS Information Meeting for the Update of the Regional Comprehensive Solid Waste Management Plan Tuesday, July 20, 1993 7PM Iowa Room, Iowa Hall Kirkwood Community College Cedar Rapids, Iowa AGENDA 1. Introductions and Welcome 2. Explanation of the Update Process 3. Iowa Solid Waste Management Law 4. The ECICOG Regional Comprehensive Solid Waste Management Plan and Implementation Plan 5. Update of Regional and Local Solid Waste Management Activites a. Waste Reduction/Education b. Recycling/Reuse/Composting (yard waste and solid waste composting) c. Incineration for Energy Recovery d. Incineration for Volume Reduction e. Sanitary Landfilling 6. Questions 7. Conclusion, Adjournment Note to all patWcipants - This is an informational meeting concerning the update of our Regional Comprehensive Solid Waste Management Plan. We will be discussing current and future regional solid waste management activities. Your attendance and input is valued! 3� REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN WORK SESSION Tuesday, July 20, 1993 Iowa Room, Iowa Hall Kirkwood Community College Cedar Rapids, Iowa See attached list of attendants. 1. Introductions and Welcome: Liz Christiansen, Regional Solid Waste Planning Coordinator for East Central Iowa Council of Governments, opened the meeting by welcoming the group. The purpose of the meeting is to educate the landfill input committees concerning the update process, Iowa solid waste management law, the current plan and implementation plan and current solid waste management activities according to the hierarchy. All committee members will receive a copy of the meeting minutes, including those who were invited but could not attend. The meeting was also videotaped. Liz explained the relationship of the Solid Waste Technical Advisory Committee and the ECICOG Policy Board. Seven landfills serving six counties are including in the East Central Iowa Council of Governments solid waste planning area. The solid waste planning coordinator works with all the landfills to ensure the implementation of the regional plan. 2. Explanation of Update Process Subsequent plans (updates) "must include the following: updates of baseline information - this will include updates on legislation, population, landfilling, recycling and composting figures, fees, landfill policies, estimated landfill life, re -estimate of waste generation and components, update of other disposal options, etc. summaries of public involvement and education activities - this will detail various educational activities on a regional and local basis such as Waste Busters, the Storm Sewer Labelling Program, League of Women Voters' programs, model policy development, material development (brochures), speaking engagements, Toxic Waste Clean Up Days, other activities updates on public participation opportunities - any public hearings or meetings held to gather information and opuuons such as town meetings for local recycling programs, readings of ordinances, landfill and solid waste commission heanngs and special meetings, and county public input committee meetings letters of cooperation from all local governments in the planning area - in cases where a landfill or solid waste commission operate (Tama, Benton, Iowa and Jones Counties), a letter from the commission will suffice if the commission represents all local governments which use the landfill. In the case of Iowa City, a letter will be needed from both the City Council and the Johnson County Board of Supervisors. Linn County may submit a letter from the Board of Supervisors re-evaluation of alternatives according to the state's waste management hierarchy - solid waste composting must be discussed, as well as new reduction, recycling and re -use opportunities (i.d., UNI's Waste Reduction Center, Cedar River Paper Company; special collections) MIN an implementation plan and schedule for the next six year period - an update . of the present implementation schedule, possibly including dating for a regional composting facility, Cedar River Paper Company, consolidation of landfilling and other waste management activities • a thorough evaluation of progress toward meeting the state volume reduction and recycling goal - a review of landfilling and reduction and recycling progress, the completed solid waste abatement and reduction and recycling tables a discussion of the successes and failures of the programs implemented since the previous plan had been submitted 3. Review of Solid Waste Management Law Groundwater Protection Act of 1987 (HF631) 1. Comprehensive Planning Comprehensive solid waste management plans are required by this law. These plans must address how tipping entities (sanitary landfills) will manage solid waste in their service area within the state's hierarchy of waste management: 1. Volume reduction at the source 2. Recycling and reuse (can include composting) 3. Combustion for energy recovery (can include refuse -derived fuel) 4. Combustion for volume reduction 5. Sanitary landfill Pan' 1 - Landfills are required to have this part of the comprehensive plan in place before a new sanitary disposal permit will be issued, and before any existing permits may be renewed. Implementation of the Part 1 approach is required before July 1, 1997. Updates will be required every three years, to account for economic and technological changes. (The regional plan for the ECICOG area was completed and approved in Spring 1990). Pan` 2 - Sanitary landfills will be required to provide for closure plans for the facility, post -closure maintenance of the site for at least 30 years, maintenance of final cover, operation and maintenance of a leachate control system, and a groundwater and gas monitoring system. Estimated cost to local governments owning and operating solid waste disposal facilities will be considerable. 2. Additional Tonnage Fee An additional fee of $4.25/ton of waste is now required (over and above whatever sanitary landfills are currently charging to cover operation and maintenance). A portion of the fee ($3.30/ton) is sent to the Iowa Department of Natural Resources to support state planning efforts, and a portion ($0.95/ton) is kept locally to help fund the implementation of solid waste plans (including waste reduction and recycling programs). The first $0.50 of this local fund is to be used for implementing 31:� Comprehensive Plan (both Part 1 and Part 2). The second $0.45 is to be used for waste - reduction and recycling programs. Waste Reduction and Recycling Act of 1989 (HF753) This all-encompassing legislation establishes waste reduction goals of 25% by July 1, 1994 and 50% by July 1, 2000. Progress toward those goals can only be achieved through waste reduction and recycling/reuse%omposting (although no more than 50% of the waste reduction requirement shall be met through inclusion of reduction attributable to refuse -derived fuel. Only fuel derived from paper and paperboard products which are not recyclable due to contamination or unrecyclable because of composition may be used). The law also prohibits from landfilling: July 1, 1990 - No beverage containers (redeemable) July 1, 1990 - No waste oil, lead acid batteries Jan. 1, 1991- No yard waste (local governments were to have had ordinances in place by 3/21/91) July 1, 1991- No whole tires Some additional items... retailers selling lead acid batteries must take old batteries for recycling at the point of sale, post information on lead acid battery recycling and the landfill ban on lead acid batteries - retailers selling oil must post information concerning safe disposal of waste oil and either take waste oil for recycling or provide information where oil can be recycled. -after July 1, 1993, a retailer cannot sell in Iowa alkaline manganese batteries that contain more than 0.025 % of mercury by weight or a button cell battery which contains more than 0.025 mg of mercury. After January 1, 1996 a retailer cannot sell alkaline manganese household batteries to which mercury has been added. -beginning July 1, 1996 a household battery management system must be in place, including one of the following: 1) elimination or reduction of heavy metals 2) establishment of a recycling program 3) establishment of means for collection and disposal 4) rules and penalties - new rules on rechargeable batteries - a rechargeable battery must be easily removed by the consumer, clearly labelled for recycling and proper disposal - a person owning or operating a waste fire collection or processing site shall provide certain financial assurances. A permit for operation is now required - a city council or county board of supervisors which provides for the collection of solid waste by its residents shall consider as a proposed ordinance, the mandatory curbside collection of recyclable materials 4. ECICOG Regional Comprehensive Solid Waste Management Plan and Implementation Plan Liz reviewed the management and implementation plans from the Regional Comprehensive Solid Waste Management Plan. The plan recommends beginning with ME low-risk, low capital expenditure options and evaluating the success of those before higher -risk, higher capital options are taken. The plan also strongly recommends flexibility, allowing adjustment to new technology. Decision-making should stay at the local level as much as possible, while regionalization must be investigated and encouraged. Don Cell, Mt. Vernon, noted that volume- (or unit-) based systems for waste collection had not been discussed under volume reduction at the source in the fust plan, and should included this time. See attached implementation plan. Some items discussed included: A. Volume Reduction Encourage industrial and commercial volume reduction - here ECICOG coordinates with UNI's Waste Reduction Center and IDNR's Waste Reduction Assistance Program. Both programs work directly with business and industry to exchange and reduce waste. B. Composting At the time the fust plan was developed, the discussion of a regional yard waste composting facility was a required element. Area landfills have different policies; some accept yard waste for composting or land application, some do not accept it and rely on communities to handle it. Large-scale yard waste composting is conducted by Cedar Rapids. Some composting of yard waste is done by private haulers. C. Recycling The fust plan recommended that communities establish voluntary drop- off and conduct education. Many communities by-passed drop-off and went directly to curbside collection. ECICOG has assisted many communities in the development of local educational materials. Several private brokers provide local markets for recyclables. Much regional coordination of marketing is discussed at the monthly SWTAC meetings. ECICOG is developing waste reduction, recycling and procurement policies -for adoption by local governments; these should be available by October. Private enterprise offers opportunities for collection and recycling of waste oil, auto batteries and tires. Special tire collection programs, funded by state grants, were conducted in Johnson and Linn County. The importance of an advance disposal fee on tires was discussed. D.,E. Waste -to -energy, Incineration for Volume Reduction Liz reminded the group that the Iowa legislature is ensuring that waste reduction, recycling, reuse and composting are considered as options for waste management before incineration. There is currently a ban on commercial incinerators until the Iowa Department of Natural Resources develops rules consistent with the Clean Air Act. The SWTAC has been approached by a private interest, but no adtion is planned. The fust plan recommended that incineration be considered only if itis apparent the 25% and 50% waste reduction goals will not be met. Carol Casey, University of Iowa, said the University is permitted to bum tires with coal in the power plant. RE F. Landfilling Systematic landfill closure has been precluded by requirements by IDNR that all landfills comply with establishment of leachate collection and control systems, etc. Many smaller counties in Iowa are keeping landfills open to meet the costs of these environmental requirements. Regionalization of landfilling is being discussed. Linn County and Cedar Rapids are in the process of combining waste management programs, leading to the eventual closure of the Cedar Rapids landfill and the establishment of the Linn County landfill as a regional one. Coordination has been discussed between Iowa City and Cedar Rapids. Liz presented the landfilling figures for the region's landfill. See attachment, and note on Iowa City's Fy93 figure. 5. Proposed Comprehensive Plan Update Process Dave Hogan, City of Cedar Rapids and Chair of the ECICOG Solid Waste Technical Advisory Committee, discussed the proposed update process, see attached. Each landfill was requested to establish an input committee to ensure public participation during the update process. Written comments will be accepted until November 5. Dave said the SWTAC will review and respond to all public comments, after November 5. The group agreed by consensus to the proposed agenda. The finalized plan is due to IDNR in January, 1994. 6. Update of Regional and Local Solid Waste Activities Liz quickly went through the local activities in solid waste management. She estimated that 75 % of the region's communities have access to recycling programs. Regional solid waste composting is being investigated. Mike Berkshire, ECICOG's Solid Waste Education Planner spoke about educational efforts at the regional level, highlighting the storm sewer labelling program, the Waste Watch video series and the public service announcements concerning illegal dumping. A question was asked whether the local networks could be approached about airing the shows. Mike will investigate this. A suggestion was made to develop "waste watches," much like neighborhood safety waiches, to track illegal dumping of waste. 7. Conclusion Public hearings will be held October 5, 7 PM at Kirkwood Community College and October 7 in Iowa City. Persons with questions concerning the plan or the update process should contact Liz Christiansen, % ECICOG, P.O. Box 2068, Cedar Rapids, Iowa 52406, or call 319/398-1266. ECICOG staff Solid Waste Technical Advisory Committee Tama Co Landfill Cedar * ; - Rapid Landfill Iowa City Landfill Benton Co Landfill Iowa Co Landfill Ii�L.rM%TTATION PLAN 'VOLIIME REDUCTION - 1990 ; I. Encourage Industrial and Commercial Vo;umn'Reduecion A. Packaging B. Materials Usagn II. Residential Education on Reduction III. Coordinate with State Plan IV. Begin caste Inventory for Gast& Exchange COMPOSTING I. Adopt a Yard Waste Maaagemeat P1aa - Spring 1990 A. Rngional or County -aide 8. Yard Gaeta Pickup and Transportation C. Develop Educational Agenda and Implemaat D. Apply for Grants II. Pass Ordinanca - Spring 1990 III. Solicit Engineering and/or Construction/Operation Proocsals - Spring L990 V. Eagiaaering - Spring and Early Summer 1990 A. Site Investigation and Selection B. Compastiag Method C. Dassgn D. Apply for IDNR Persia V. Composting Psog_am Education - Summar 1990 VI. Solicit Cons—action Bids - Summar 1990 VII. COn9tZlat Compost Sices - Sommer 1.990 VIII. Implement Camnosting Operation - Targnt.Completicn Octocer L990 IX. Yard Waste Prob.ibition - Jaauary 1991 9.1 Z°6 scrE go dTRssvamp s=rnTra3 'III SuioSup •v smaT3 vare7.:.a pv=svavaal �='fin snofariaoSsH anrsaa •II sayssr� pus rdaas snoinv:a mo_3 svarg uoisavaiQ uo pssrg •g 2661 A8 'v ZZiT7x3 XZssar_-oa-s=sr., oa =aocimmop 01;2 varnTrn3 •i zzTI i:ur3 fssioova TrrssarH TraoiSssgng so TraoiSvg so E=iTigisrag vuTruaaaQ Q ="=.R Pur sisdTrw =sop 'sa=ng uoissariQ ggo-doza go' r_Tnsvg uo pvsrg 1=9 -oaa uoiarsrdsg spTsasnp ausizsTdmi o= =ON so svcp:syn .piosQ p uoiar¢TmST3 so uoisurda;, mraSosa uo vpiasQ •g E661 AS -v mrsSosa a30-dcaa dsr=anlop gossvusni=�e_s3 .t,= ssossy •pI SuiT=losg par uoi=onpsg v=srn sod ==Soca sni=usoul pur moi=r=np3 doTsnsa •g Z66T Air -v sio=rssusp r�srn Triosammop par Tris=sn7,ai !s0=UOA=l III' •T66T ATnr Xq sysiS pur "D661 Xjnr Zq TrsodsiQ saisa=arg o=nv 'Tip v=sra so; s=so_33 a=raipsoop 'II saiaiTigrdrp 9Tgrr-DX=vg tjatn saonposa Pus sTrisv=vR psTo.{osg 3o own SuTpsrBvg Sz-yroa adopv a aaoea'3 SuiavxsrH vTgrTodovy sniarssdoop TruoiBag r gvT[gns3 'p 2uipL-ng sod dTddv •g SaTToLovg uo uoiarTndoa v=ranP3 't raaig dolsnva °1 mra8osa 33D-doza 6ar=unlop %IsTTgras3 v 0661 Suisdg - uaTa r-adopv 'I INCINERATION FOR VOLM E REDUCTION I. Iniciaee Study in 1994 . IIgon Failure of Zn -Place Diversion . 'Scracasies II. EvaLuacn•IDNR Requirements Evaluate Public or Privace Ownership LANDFILL I,• Evaluate Systematic Landfill ClosdzG - 1991 II. Evaluate Rogionalixacion of.IandfUls III. Reduce she amaaac of macesials is Chs waste stream: A. 25 percent by July -l. 1994- B. 50 parcatc by July 1. 2000. Rap/ZCICOC/AES E 9.3 31K . IMPLEMENTATION PLAN TARGET DATES 1990 1991 1992 1997 1991 41 F]+mA �O 1I I I 'OLUYE REDUC110N DELI" OE"ILED IHYESIAIOR ' COORUIHAfE WII11 E :OIp05TING IDOPI COMPOST PLAT •TARGET'SIIE OPERAIION PASS ORDINANCE MY 1, 19901' IECYCLING ADOPI RECYCLING TARGET ESIABLISHI_ ASSESS DROP-OFF PR06RAWCOIISIDER CURBSIDE PLAN VOLUNTARY DROP-OFF k 1AS1E TO ENERGY. 1995 d . INITIATE STUDY 10 MEET REDUCTION GOAL ` ME El 2SX WASTE REDUCTION IJULY I, OAIEET SOX WASTE REDUCTION (JULY 1, FIGURE 9-1 9.1 i INCINERATION FOR VOLUME REDACTION , LANDFILL VALUATE RECIDIULIZAIION _I LANDFILL *AUTO BATTERIES YARD WASTE PROHIBITIONS 'WASTE OIL WAN 1119311 1ONES ULY I, 19901 )JULY 1, 19911 MILESTONE DATES ILEGISLAIEO DEADLINES) 1995 d . INITIATE STUDY 10 MEET REDUCTION GOAL ` ME El 2SX WASTE REDUCTION IJULY I, OAIEET SOX WASTE REDUCTION (JULY 1, FIGURE 9-1 9.1 i Landfill Diversion -•-Tox FIGURE$,:REPORT; NG• IN .TONS ::.. City/County...:-: ;F" ::::.FV90 .°- 2 '..;.. F % Change ;F 89-F Benv*. .: •.:..... 6;OQQ: .14;000o:, :€'`:g;214: JONES CO. 4570 Iowa`Ci 102;697 :: 92;348° "<'78;a4E?:::75;203' CEDAR RAPIDS :::; :::27% Iowa Cmmt3r 11,252: '. 9,404 92109•. ges . ' ` -36% City/County...:-: ;F" ::::.FV90 .°- 2 '..;.. F % Change ;F 89-F Benv*. .: •.:..... 6;OQQ: .14;000o:, :€'`:g;214: JONES CO. 4570 Iowa`Ci 102;697 :: 92;348° "<'78;a4E?:::75;203' CEDAR RAPIDS :::; :::27% Iowa Cmmt3r 11,252: '. 9,404 92109•. 79209' . ' ` -36% Johes County 6,0 - ` - `' 6,122m 59082 ' ' 3,918 35% Linn. County. . 29,275 24,826 : 219,437 25,410.: -13 % Tama C :......5,863 "::: 6;8Y4 `.•:.7;337: 8;240 41%: Cedar "ds 2{}5,452' . 255,153, • 211,Q83.165,859o; -19 % . TOTAL. • .•,. •• 376,583 ' 408,667 • 341= 294,584• : 22 FY93 TONNAGES :...:.:::.: .. :... .... ...:. •LANDFILL TONS BENTON CO.: 9,046 IOWA *CITY. 77,460 IOWA CO.. •7,557 JONES CO. '3,903 :• LINN. CO..: 21.,976 CO CEDAR RAPIDS 158,477 . - IOWA•CI•TT, REVISED. FIGURES.-::77,460.REFUSE ....:. `:; '` :• :4,200 RECEPTIONS ,31K ECICOG REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN UPDATE MEETING (WORK SESSION) 7/20/93 — IOWA HALL, IOWA ROOM — KIRKWOOD COMMUNITY COLLEGE, CEDAR RAPIDS, IA NAME _ REPRESENTING J"/Li� I TOhPS U,)cl/ivgfaa l45. NPJa%rFoo� _ e ` v Y ,%e(4a )<'Vlof lea An r' �eY1 % Cz• nu 177t -Azo 3 cb ECICOG REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN UPDATg MEETING (WORK SESSION) 7/20/93 - IOWA HALL, IOWA ROOM - KIRKWOOD COMMUNITY COLLEGE, CEDAR RAPIDS, IA II'1 NAME _ REPRESENTING DAVE 1t0(7AW/ C/TV 0PC&-DAR e,4P1DS A �H-,e�1.9�0! G�vuL���v!�zciv, avrrc.u. � •.:�• 4„/��� S �• ©L/a�✓on7� 0 L �. it // / { �� � .r�i♦ � /..C� WARM AmL _ 'L Z' STATE OF IOWA County of Linn ss. I, J.F. HLADKY, III, being duly sworn on my oath, do say, that I am publisher of THE CEDAR RAPIDS GAZETTE, a Newspaper issued daily and printed at Cedar Rapids, in said County of Linn; that the Notice of which the annexed printed copy, was inserted and published in said newspaper in the issuesof.................................................................................................. ................................................................................................................ .........................................October..5................ A D., 1993................. and the reasonable fee for publishing said Notice is $...10 .62 Subscribed by the above named J.F. HLADKY, III, in my presence, and by im sworn to before me at Cedar Rapids, Linn County, Iowa on this ....3......... dayof .......................................... october...... .A. D., 1922 ................. Given under my hand and Nota'al Sea, e . ..... .............................. o Public in and nn County, Iowa Received payment for above from .................................19.............. CEDAR RAPIDS GA=E, INC. By............................................................... 3 �6 STATE OF IOWA County of Linn SS. vuauc mriwMrS xonce . , -- Fon Tn! Best �e�s pNME1a°suNaL I, J.F. HLADKY, III, being duly sworn on my oath, do say, that I am publisher of THE CEDAR RAPIDS GAZETTE, a Newspaper issued daily and printed at Cedar Rapids, in said County of Linn; that the Notice of which the annexed printed copy, was inserted and published in said newspaper in the issuesof.................................................................................................. ................................................................................................................ ...............................................October. 5.........A D., 19 93................ and the reasonable fee for publishing said Notice is $... 10-62 62.... . Subscribed by the above named J.F. HLADKY, III, in my presence, and by him sworn to before me at Cedar Rapids, Linn County, Iowa on this .........5.... dayof.......................................october......... A D., 19..93.............. Given under my hand and N*an�dr ....... . . y Public County, Iowa Received payment for above from..........................................................19.............. CEDAR RAPIDS GAZETTE, INC. By............................................................... 06 MINUTES JCCOG COUNTY SOLID WASTE PLANNING COMMITTEE THURSDAY, AUGUST 26, 1993 - 7:00 P.M. IOWA CITY CIVIC CENTER, LOBBY CONFERENCE ROOM MEMBERS PRESENT: Susan Horowitz - Iowa City Pat Meade - Johnson County Kerry Fitzpatrick - Procter & Gamble Carol Casey - University of Iowa Pam Ehrhardt - Environmental Advocates Brad' Neumann - JCCOG MEMBERS ABSENT: Chuck Hippee - North Liberty Marty Jones - University Heights The meeting was called to order at 7:00 p.m. Neumann went over the minutes from the July 20, 1993 ECICOG informational meeting pertaining to the update. The group then discussed how the Johnson County Solid Waste Planning Committee fit into the regional planning picture. A planning flow chart provided by ECICOG was used to illustrate how Johnson County fit into the process. Deadlines were discussed so the committee knew when their part of the plan needed to be to ECICOG. The committee was not clear on this date. Neumann said he would find out when ECICOG needed the update. To update Johnson County's portion of the plan, the committee used the current implemen- tation schedule found in the comprehensive plan. The committee discussed volume reduction, composting, recycling, waste to energy, incineration for volume reduction, landfilling, and landfill prohibitions. VOLUME REDUCTION: The committee agreed that education should be a high priority in volume reduction followed by economic incentives or volume based systems. However, in order to better educate residents, the committee felt that a complete waste stream analysis/inventory should be completed first. Profiling each community's waste stream would be good education alone. Compiling profiles should begin soon. COMPOSTING: The committee felt that the composting of not only yard waste should be reviewed but also solid waste composting. The two types of composting potential need to be known before special collection and transportation systems are needed to take the material to a compost facility. Costs associated with a solid waste composting facility should be studied to determine whether a facility could be utilized locally or if a regional facility should be pursued. RECYCLING: The committee agreed that all collection and marketing programs should be reviewed annually. Annual reviews would allow for adjustments in the markets and allow for the most efficient and convenient collection methods to be used. JCCOG County Solid Waste Planning Committee August 26, 1993 Page 2 WASTE TO ENERGY: This issue should only be considered when legislation allows waste to energy material to count toward the 25% and 50% reduction goals. The committee discussed the value of waste to energy as part of an integrated waste management system. Some thought reaching 50% reduction without it may be impossible. INCINERATION FOR VOLUME REDUCTION: The group felt that this option should not be considered. LANDFILLING: The committee felt that the possibility of forming a landfill commission should be discussed. Landfill management could become easier if run by a commission. LANDFILL PROHIBITIONS: The group felt that incentives and alternatives should be in place prior to any landfill ban. Landfill bans should be one of the last options used and preferably closer to the year 2000. ADDITIONAL COMMENTS: The two members unable to attend the meeting were contacted for additional input. These members agreed with the committee recommendations. jccogsMrNpc8-20.min JOHNSON COUNTY SOLID WASTE MANAGEMENT PLAN UPDATE 1994 1995 VOLUME REDUCTION PROMOTE ECONOMIC INCENTIVES INVENTORYIPROFILE OF EACH COMMUNITY EDUCATION 1996 COMPOSTINGI REVIEW SOLID WASTE/ I ACT ON RECOMMENDATION OF REVIEW YARD WASTE POTENTIAL RECYCLING I RE -ACCESS COLLECTION AND MARKETING, ADJUST ANNUALLY WASTE TO ENERGY I RE -ACCESS WHEN LEGISLATION ALLOWS INCINERATION FOR DO NOT CONSIDER VOLUME REDUCTION LANDFILL REVIEW LANDFILL COMMISSION STATUS FOR LANDFILL MANAGEMENT LANDFILL PROHIBITIONS lJ� I«u<wv.�ai�u.<m CREATE INCENTIVES AND ALTERNATIVES FOR SPECIFIC ITEMS 2000 car`• S� t'�3 SIGN UP SHEET I? dt IMM 137 / iPON VP ter! r ml M, WINNER WN- I? dt IMM 137 EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS Second Informational Meeting for the Update of the Regional Comprehensive Solid Waste Management Plan Thursday, October 7 1993 7 P Iowa City Public Library Iowa City, Iowa AGENDA 1. Introductions and Welcome 2. Review of the Update Process 3. Review of the Current ECICOG Implementation Plan 4. Proposed Implementation Plan 5. Landfill Tonnage Figures, Abatement Table 6. Public Input Opportunity 7. Conclusion, Adjournment This meeting is being videotaped. Note to interested citizens - if you wish to make a statement at the point in the meeting provided for public input, please come up to the designated spot when directed. State your name and addresss, and read or present your comments clearly. If you wish to have the East Central Iowa Council of Governments Solid Waste Technical Advisory Committee respond to your comments, you must present your comments in writing. If you did not prepare written comments for this evening, feel free to send your comments to: Liz Christiansen % ECICOG P.O. Box 2068, Bldg EC5 Cedar Rapids, IA 52406 Written comments will be accepted until November 5, 1993. The Solid Waste Technical Advisory Committee will send their reponse to you. If you have any questions, please call Liz at 319/398-1266. II III IV. RZgYCLXMG Adopt.a Plan - Spring 1990 A. Fs tablish Voluntary Drop -Off. Program .: 1. Develop Sites 2. Educate Population on -Recycling B. Apply for Funding' C. EscablLsh a Regional Cooperative Recyclable Harkecing Effort D. Adopt Policy Regarding Use of Recycled Haeerials and Products with Recyclable Capabilities Coordinate EZ:oras for 'Waste Oil, Auto Batteries Disposal by July 1990,. azd Ti=es by July L99L .. Lavencory Iadust=ial and Commercial Rasta Gaaeratars A. By L99Z B. Develap Education and Incentive Prog=am for.Csste Reduction and Racycliag Assess cha Effaaa_veasss of Valuate --y Drop-Cff P=og=am A. By 7.993 B. Decide on ?rog=sm spaasioa C. Decide Whether or Mot ea Implamenc Cuxbsids Separation ?ro- gram Based as B-SuIcs .of Drop -Of= Dive=Sian Batas, Cas= AasLysis aad .Y.a--kars b. Deea=I=* Feasibi7.4= .of Regional or subragional Macer' -al Macovery FaeiLi- QASS-To-�7 . Evaluscs Che C--4 =iaac Co 'Wasu-ta-Easr3y FxiL' eg A. By L992 B. Based as Diversion Matas from ?=eviatis seepd aad %arksts Pursua Negotiations With Iatarescad Privats FL--= A. ongoing Evaluate Ovnersbip of RDF Facility 3'� -I- 903133 `0661 NVId 1N3W39VNVW 31SVM OIIOS 3AISN3H3bdWOO IVNOI93H :30BOOS Z66T uo:_,:c JoaE zz SEM -,Zr; 066:=aoc_op uo-:aTdmcO :ate=E� - mc:=Y;znp �L'-=sodmc:. = amaTdmi 066: 0661 0661 =a�5 - uo-mPon�3 ar_Sc_� Pe-_so¢moO ..Ya-saO •' poi=a�, s-•--soc_cO •� uoi_oz:eS �_ uo-=E==msar._: F. $ •t 0661 17=E-: �L•E 2ru-.:CS = :B_-5;;� 0661 smIIECO SC_ Qv •Q -::a�aT.^.m'T �uY P�uelt+ �P10-.EC^.7� �C�a:.a` •.� uO�mE=SDCS `Y�� �;�r Gn�C-G Fms4: •-.;E� 'E ap-n-imunoO so :r_o;�aZ B =Uv=F,2t'=vx aCsv.; ��T,: E mdopy DN__SDERCO cdruEi�Y.? F.sEr� �O_ f.�COuaAS:T 2u5Y� ;erg ag uo-,_un?aa uo uo;_Yor%,_ TY--uap-sad ' s --SP�.oE� •F uo-:u t ag amnIOA ?uv TE:�m517 i a=Pz71C7L3 0661 RC=�OAG�Z �,u:7Dlt A^r is NO.O. `haiv icrii :A 'A Ai Az --- i -C- • 000z ' I Scor _Cn 3uao: ad 05 s '966'C 44 =aasad 5Z '9 :�ea.as a3san aq7 uF sp a-Qm �o ==no= aqa ary�ag III s'iII;P='I 70 uoZ�e=TZoZSag a°EnZsn3 IZ • 'L66I � a�xssot7 IT�?P� alaQma_s�Cg aotnten3 : I - 'I'II3Q22i�I ' dggs�aunp a�.BjL so o-;•L4nd a3rnian3 III • •. s�uamasZr+bag Zil1QI ,a=•enitn3 ' II uo cszanzQ 'a�tld-uI 30.' asnjla3 uoan 766 C . n= •. �PTi?S , aoiT°�uI I NOISOl10ad 3XnOA mQA NOI'vh-lzI:)171 IMPLEMENTATION PLAN TARGET DATES PC � 199) 1992 199! J FIIA A µ J J A15101NI0 VOLUME REDUCTION OEC111 DETAILED INYEIIIORI/ COORUIIIAIE 111111 SIAIE COLT0511NG tAOoPj MPOST PLA: IARGH SITE OPERAII011 PASS ORDINAIKE IJULY 1, 19901' RECYCLING RECYCLINGIARGET ESTABLISH PLAN YOLUNIARY MOP-OFF WASIE TO ENERGY 'FMINEGDTIATIDIIS MIM PRIVATE IIIIERESIS _I IVALVAIE IRCINERA110H FOR VOLUME REDUCTION ASSESS DROP-OfF PRDOWCO1151UER CUNDSIDE UWFILL AIE RECIg1ALIZAII6II LANDFILL .AUTO BATTERIES TARO NASIE PROHIBITIONS 'WASTE OIL (JAII 1,19l11,11IE5 (JULY I, 19901 MT 1. 19911 MILESTONE DATES ILE61SLAIED DEAOLINESI 1991 • . 1995 01111AIE S1UDY 10 MEET REDUCTION COAL �IAEEll 25X WASTE REDUCTION IaT I, "MEET SOX WASTE REDUCTION (JULY I. FIGURE 9-1 9.1 5 October 1993 EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS IMPLEMENTATION PLAN 1994-2000 For landfills in Benton, Iowa, Jones, Lifin , and Tama Counties Cities of Cedar Rapids and Iowa City I. Volume Reduction/Toxicity Reduction A. Waste Reduction Education Program 1. Support local efforts, including unit -based pricing systems 2. Coordinate with IDNR activities 3. Establish Waste Reduction Educator position B. Consider Unit -Based Systems C. Begin Hauler Education On Waste Reduction _ D. Toxicity Management/Regional HHW Collection Site 1. Continue HHW education 2. Continue storm sewer labelling program 3. Establish regional collection site 4. Support Toxic Waste Clean -Up Days E. Continue Support of UNI Waste Reduction Program II. Recycling/Reuse/Composting A. Recycling Education Program B. Evaluate Drop-off, Consider Curbside -5- 3g . C. Periodically Assess Need For Regional Marketing Efforts - D. Solid Waste Composting 1. Assess need, feasibility - 1994 2. Determine go/no go for project development - 1995 - 3. Assess project development, re -assess need - 1996-1997 4. Determine go/no go for construction - 1998 III. Incineration For Energy Recovery A. Periodical assessment 1. Initiate study upon failure of in-place diversion 2. Evaluate public or private ownership B. Track State Legislation C. Re -assess Need To Meet 2000 Goal -.1997 IV. Incineration For Volume Reduction A. Track State Legislation B. Assess Need To Meet 2000 Goal - 1997 V. Sanitary Landfilling A. Investigate Further Regionalization/ Cooperation of Management Efforts B. 25 % Reduction By 1994 C. 50% Reduction By 2000 -6- . — program activity Reduction Implsmndaflon auA naaavovn 704 1006 1000 1007 100E 1000 2000 �^^ (Coda Rapids, Linn County, Iowa CEy, UnIMoEy of lows and possthlyolhor focal gevanmenh) -October 7. 1993 YEAR ' 1F 8 FY89 FY90 Fy9l FY921 F21Fy93 1 POPULATION I 3W201 343722f 3434031 34S40SI 3474061 349408 % Change from FY88 1 —0.09% —0.09%1 0.58%1 o.se%l 0.58% 2)SOUD WASTE LANDFILLED AND STOCKPILED tons 400684 387497 412577 350428 307260 300086 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED FUEL tons 5) INCINERATION AMOUNT tons 6)SOLID WASTE GENERATION tons 400684 387497 412577 350428 307260 300086 7) PER CAPITA SOLID WASTE GENERATION RATE 1.16 1.13 1.20 1.01 1 0.88 0.86 8) 1988 PER CAPITA SOLID WASTE GENERATION RATE 1.16 1.16 1.16 1.16 1.16 1.16 9) PERCENT REDUCTION RECYCLING PER CAPITA 0.00% 2.81% —3.57% 12.54% 23.76% 25.96% 3q I a=It Se; � IonF ,gsy�"� B®1"0g ggJoA O �+ !i (i O T N i pI G p `J O N Ii S N T S O O N V X 0 Y • G 0 O S Y Q gg SS 9--E g Rmc Ry1 a oO a� E {`� g yW T *11 1 R,111111 y T 1 1 y ]SA T 1 1 -1-111. T j(& T 4]' 1, 6 0 T� ♦R N YI O 4 O Ith L4 . M 2S . d 2S i� 73 e Ii,- . .)ip S1 hL %�, / vE i-hsq- 'dwyN Int? wag -L")*/ Sye r1S/S %Jnt an fin.; 9�I7 C�'7svn i ■ 1 qj I 1 ! I`. ` . 'dwyN Int? wag -L")*/ Sye r1S/S %Jnt an fin.; 9�I7 C�'7svn R$CYCLING ' I. Adopt.a Plan - Spring 1990 A. Establish Voluncary Drop -Off Program 1. Develop Sices 2. Educate Population an Recycling B. Apply for Funding C. Establish a Regional Cooperative Recyclable Marketing Effort D. Adopt Policy Regarding Use of Recycled Materials and Produccs with Recyclable Capabilicies II. Coordinace Efforts for Caste Oil, Auto Batteries Disposal by July 1990,. and Tires by July 1991 III. Iavencary Industrial and Cammercial Cast& Generators A.. By .1992 B. Develop Education and Incentive Program for Caste Reduction and Recycling IV. Assess the E:faativeness of Voluntary Drop -Off Program A. By 1993 B. Decide on P.og_am Expansion or Eliminacion C. Decide Whether or Not ca Implameac Curbside Separac_on pro- gram Based an Results .of Drop -Cf_ Diversion Rates, Cast Analysis and "Markets D. Deca=lne Feasibility of Regional or Subragional Malarial Recovery Facility CASia-TO-ENERGY I. Evaluate rhe Cammitmeac ca fiesta -ter -Energy Facility A. By 1992 B. Based an Diversion Races from Previous Scaps and Markets II. Pursue Negociacions with Interested Private Firers A. Ongoing TII. Evaluate Ownership of RDF Facility . -2- INCINERATION FOR VOLUME REDUCTION I. Initiate 'Study in '299ti Upon Failure Of In -Place Diversion ._ Strategies II. 1 Evaluate'IDNR Requirements IIl. Evaluate Public or Private Ownership , LANDFILL I,• Evaluate systematic La dill Closure - 1991 II. Evaluace Regionalisation of. Landfills IZI, Reduce the amcunc of materials in the waste steam: A. 25 percent by July -1. 1994. B. 50 percent by July 1, 2000. Rep/F.'CICOG/AE5 -3- IMPLEMENTATION- PLAN TARGET DATES -�--� 1990 �� 1991 1992 1993 1991 JiFIM A M J J A SIOINIp IOLUME REDUCTION OECIII DETAILED INYENIOIIY/ ', COORDINATE 111111 S1AIE PLAN COMPOSIINC hDOPT C01VOST PLA4 •TARGET SITE OPERATION PASS ORDINAIXE r IJULY 1, 19901' RECYCLING ADOPT RECYCLING TARGET ESTABLISH 1 _ ASSESS DROP-OFF PROGRAM/COUSIDER CURDSIDE PLAN VO.UNIARY DROP-OFF r RASIE TO ENERGY,PURSUE NEGOTIATIONS 111111 PRIVATE INTERESTS EVALUATE ASSESS HEED 10 MEET N'-�' REOUCININ COAL INCINERATION FOR VOLUME REDUCTION LANDFILL �YALUAIE RECIOIIALIZA11011- LANDFILL *AUTO BATTERIES TARO WASIE PROHIBITIONS •WASTE OIL IJAN 1, 19911TIRE& (JULY 1, 19901 IJULT I, 19911 MILESTONE DATES ILECISLAIEO DEADLINESI v IIIIIIAIE STUDY 10 MEET REDUCTION COAL �MEEI 25X HASTE REDUCTION IJULY 1, �* *MEET 502 HASTE REDUCTION (JULY 1, FIGURE 9-1 ' 9.1 5 October 1993 EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS MPLEMENTATION PLAN For landfills in Benton, Iowa, Jones, Linn, and Tama Counties and Cities of Cedar Rapids and Iowa City I. Volume Reduction/ToAcity Reduction A. Waste Reduction Education Program 1. Support local efforts, including unit -based pricing systems 2. Coordinate with IDNR activities 3. Establish Waste Reduction Educator position B. Consider Unit -Based Systems C. Begin Hauler Education On Waste Reduction D. Toxicity Management/Regional HHW Collection Site 1. Continue HHW education 2. Continue storm sewer labelling program 3. Establish regional collection site 4. Support Toxic Waste Clean -Up Days E. Continue Support of UNI Waste Reduction Program H. Recycling/Reuse/Composting A. Recycling Education Program B. Evaluate Drop-off, Consider Curbside -5- C. Periodically Assess Need For Regional Marketing Efforts D. Solid Waste Composting 1. Assess need, feasibility - 1994 2. Determine go/no go for project development - 1995 3. Assess project development, re -assess need - 1996-1997 4. Determine go/no go for construction - 1998 M. Incineration For Energy Recovery A. Periodical assessment 1. Initiate study upon failure of in-place diversion 2. Evaluate public or private ownership B. Track State Legislation C. Re -assess Need To Meet 2000 Goal - 1997 IV. Incineration For Volume Reduction A. Track State Legislation B. Assess Need To Meet 2000 Goal - 1997 V. Sanitary Landfilling A. Investigate Further Regionalization/ Cooperation of Management Efforts B. 25% Reduction By 1994 C. 50% Reduction By 2000 10 34 30 Soptemher 1993 ECICOG IMPLEMENTATION PLAN Program sctivity recommended 25% Reduction Im lamerddlon 50% Reduction MANAGEMENT SCHEME 1004 1005 1998 1007 1008 1909 2000 Dp Volume Reduction Recscllnv/Rerae/ r.9RI9aaRr19 (Cedar Rapids, Linn County, Iowa City, University of Iowa and possibly other local governments) Further Need To 5 nr_tnher 1993 REGIONAL SOLID WASTE ABATEMENT TABLE FOR EAST CENTRAL IOWA INCLUDING WATER TREATMENT AND WATER POLLUTION CONTROL LANDFILLS YEAR F 81 :: F 9 Fy901 F01Fy91 I Fy92 Fy93 1) POPULATION 3447761 3447761 3416031 3416031 341603 341603 % Change from FY89 0% —1% 0% 0% 0% 2)SOUD WASTE LANDFILLED AND STOCKPILED tons 408357 387496 412576 350427 307259 300085 3) WASTE TO ENERGY AMOUNT tons 4) REFUSE—DERIVED FUEL (tons) 5) INCINERATION AMOUNT tons 6)SOLID WASTE GENERATION Stonq 408357 387496 412576 350427 307259 300085 7) PER CAPITA SOLID WASTE GEN. RATE 1.18 1.12 1.21 1.03 0.90 0.88 8) 1988 PER CAPITA S. WASTE GEN. RATE 1.18 1.18 1.18 1.18 1.18 1.18 9) % REDUCTION RECYC. PER CAPITA 0.00% 4.75% —2.35% 13.07% 23.77% 25.55% Note — This table uses the FY89 summary figure from the Cedar Rapids Water Treatment tonnage report (Fy88 figures not yet available). Owing to considerable industrial growth, water usage has increased beyond regular population need. The best figures available are used. This table will change as new information becomes available. Fy88 figures are not yet available for Iowa, Tama, and the Cedar Rapids Water Treatment Landfill. Population estimates for Fy88 and Fy93 are not yet available. 10 cO m N 16 III. DEVELOPING OPTIONS AND RECOMMENDATIONS Evidence of Coo erAjion Identifying the planning area for the Part I Comprehensive Plan involves listing all counties, cities and municipalities, both in state and out-of-state, that will be using any of the sanitary disposal facilities in the planning area. Since all Comprehensive Plans must be prepared "in conjunction with all local governments using or planning to use the sanitary disposal project", letters of cooperation from each local government in the planning area must be a part of the Comprehensive Plan. These letters must contain: A statement that the Comprehensive Plan has been reviewed by the governmental body and that the is committed to the waste reduction governmental body and recycling goals of 25% and 50%. A statement that the governmental body adopts and will make its best effort to put into action the implementation plan and schedule contained in the Comprehensive Plan. - A brief summary of the implementation plan. Any local government that fails to submit a letter of cooperation will not be included in the Comprehensive Plan and will then be required to submit its own Comprehensive Plan. Description of the ._Planning Area The Plan must include the location of existing solid waste management facilities, population centers, transportation routes, climate, natural and historic or archaeologic features, and existing agency jurisdictions for collection and disposal of solid waste. While this description will focus on a specific geographic region for collection and disposal of waste, it is recognized that not all of the area's facilities for recycling and energy recovery may lie in the same areas as waste generation. One or more of these activities may be shared with other planning regions. If so, indicate the agencies involved and how this plan fits in with plans from other planning areas. If -out-of-state waste is to be managed at an Iowa facility, the waste must be managed in accordance with Iowa law. This means that any out-of-state locality must establish and implement a solid waste reduction program for its residents prior to waste disposal at an Iowa landfill. A description of the program must be' included in the Comprehensive Plan. Conversely, if waste generated in Iowa is to be disposed of in a landfill outside of the state, waste reduction and recycling should be implemented by the generator before the waste is transported out of the state. RESOLUTION NO. 94-39 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE DRIVE RIVER TRAIL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 1 st day of March, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A 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. It was moved by Novi u and seconded by Throemorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick X Pigott x Throgmorton Passed and approved this 15th day of vebs�Iaay , 1994• M YOR ��Appr ved b ATTEST: an.,.� :24 9iJ 4_6rr��t�_ CIT! CLERK OC ty Attorney's Office pweng\riversid.res 31 f -Y -S �_>P, RESOLUTION NO. 94-40 RESOLUTION SETTING TWO PUBLIC HEARINGS TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 1994, THROUGH JUNE 30, 1995, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE SEVEN-YEAR CAPITAL IMPROVEMENTS PRO- GRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that public hearings be held in the Civic Center at 7:30 p.m., March 1, 1994, and March 8, 1994, to permit any taxpayer to be heard for or against the proposed FY95 Operating Budget and the Proposed FY95-FY97 Financial Plan and also the seven-year Capital Improvements Program. Passed and approved this 15th day of /February \ —/ , 1994.. / �Lt,(� MAYOR ppr ved by ATTEST: CITYC! ERK Ci Attorney's Office It was moved by Novick and seconded by Throgmorton that the Resolution be adopted, and upon roll call there were: AYES: X X X X X finadm\budget\pubhrg.res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton E Kes aIL RESOLUTION NO. 4h_r,t RESOLUTION ADOPTING SUPPLEMENT NUMBER 62 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, Sterling Codifiers, Incorporated has prepared the 62nd supplement to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 62 ' by resolution as a part of the said Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 62 to the Code of Ordinances of the City of Iowa City, Iowa attached to this Resolution as Exhibit A, and by this reference made a part hereof, is officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Novi rk and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: X X X Y X X X Passed and approved this 15th NAYS: MEN IL1 clerklcodeord.res ABSENT: Baker Horowitz Kubby - Lehman Novick Pigott Throgmorton day of February , 1994 c MAYOR App ove by ty Attorney's Office 41 )2 RESOLUTION NO. 94-42 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXI- MATE 422 ACRE TRACT OF LAND KNOWN AS SYCAMORE FARMS, LOCATED SOUTH OF HIGHWAY 6 AND THE SOUTHERN CORPORATE LIMITS. WHEREAS, Sycamore Farms Company owns an approximate 422 acre tract of land located south of Highway 6 and the southern corporate limits; and WHEREAS, Sycamore Farms Company has requested annexation of its land into the City of Iowa City, Iowa; and WHEREAS, this tract is contiguous to the corporate limits of the City; and WHEREAS, pursuant to Iowa Code §368.7, notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors and the East Central Iowa Council of Governments; and WHEREAS, the Johnson County Board of Supervisors and the East Central Iowa Council of Governments have expressed no objections to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The land legally described on Exhibit A, attached hereto and incorporated by this reference, shall be voluntarily annexed to the City of Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify and file the necessary documents with the City Development Board as required by Iowa Code §368.7. It was moved by Novtrk and seconded by .__ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker X Horowitz X Kubby X Lehman X Novick Pigott Throgmorton Resolution No. 94-42 Page 2 Passed and approved this 15th day of February , 1994. ATTEST: CIT CLERK ppdadmin%syeamCm.ms c OR Approved by tF Q4,O, c " City Attorney's Office , _a?_JY -L -7 EXHIBIT A SYCAMORE FARMS COMPANY ANNEXATION The west one-half of the Southeast Quarter of Section 24 lying south of Highway 6 and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6 and the Northeast Quarter of Section 25 except the East 660.05 feet thereof, lying south of Highway 6 and the Northwest Quarter of Section 25 and the North Half of the Southwest Quarter of Section 25 and the Southwest Quarter of the Southwest Quarter of Section 25 and and the East Half of the Southeast Quarter and the south 16.50 feet of the Southeast Quarter of the Northeast Quarter of Section 26 except the 1.156 Acre property described in Book 992, Page 820 of the Johnson County Recorder's records. All in Township 79 North, Range 6 West of the Fifth Principal Meridian. The above described tract contains 422.542 Acres, more or less. �J PSS. -�> e - RESOLUTION NO. 94-43 RESOLUTION APPROVING THE PRELIMINARY PLAT OF A RESUBDIVISION OF LOT 5 AND A PORTION OF LOTS 4 AND 6 OF A RESUBDIVISION OF A PART OF LOT 4 OF OHLS SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owners, Thomas and Marilynn Alberhasky and Jeanne Tack, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of a resubdivision of Lot 5 and a portion of Lots 4 and 6 of a resubdivision of a part of Lot 4 of Ohls Subdivision; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of a resubdivision of Lot 5 and a portion of Lots 4 and 6 of a resubdivision of a part of Lot 4 of Ohls Subdivision is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. It was moved by Lehman and seconded by Nnvi rk the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott y_ Throgmorton J+3 Resolution No. 94-43 Page 2 Passed and approved this 15th day of February 1994. v M#IXYOR ,/ 6 Approved by / } ATTEST: /�/outr�r.� 9L. ice✓ G - a4- Ccz CITY -CLERK City Attorney's Office a_ , p - 9 y ppdadmin\ahla.ms 143 RESOLUTION NO. 94-44 RESOLUTION AUTHORIZING CONVEYANCE OF A PORTION OF CITY PROPERTY IN EXCHANGE FOR A PORTION OF PRIVATE PROPERTY NOW OWNED BY GARY L. GAINES. WHEREAS, a survey prepared by MMS Consultants revealed that Oakland Cemetery, the City - owned cemetery located adjacent to East Reno Street, encroaches on a lot owned by Gary L. Gaines; and WHEREAS, the survey also revealed that the lot owned by Gary L. Gaines encroaches on Oakland Cemetery; and WHEREAS, the City and Gary L. Gaines both wish to continue using the respective properties in the same manner as they have used those properties for -many years; and WHEREAS, an exchange of the encroaching properties will allow the parties to continue the current use of the respective properties and will aid in clearing up title problems for other residents on East Reno Street; and WHEREAS, on February 1, 1994, the City Council adopted Resolution No. 94-35 declaring its intent to convey its interest in the encroaching property, authorizing public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and the City Clerk are authorized to execute the attached Quit Claim Deed conveying the City's interest in the property legally described below to Gary L. Gaines, for and in consideration of his transfer of the property legally described under the heading Lots 20 and 21 on Exhibit A to the City, subject to the City reserving and retaining a tree easement over the entire parcel designated as Lot 22 on Exhibit A. Beginning at the Southwest Corner of said Lot 22; Thence N00005'08"W, along the West line of said Lot 22, 14.62 feet; Thence N89048'02"E, 297.45 feet; Thence S02002'42"E, along an existing fence 14.63 feet; Thence S89148'02"W, along the South line of said Lot 22, 297.95 feet to the Point of Beginning. Said parcel of land containing 4,353 square feet, more or less, and is subject to easements and restrictions of record. The City Attorney is authorized to deliver said Quit Claim Deed to Gary L. Gaines. The deed and other documentation required by Iowa Code § 364.70 993) shall be recorded in the Johnson County Recorder's Office at Mr. Gaines' expense. 4{ Res. No. 94-44. Page 2 It was moved by t.Ahm, and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 15th day of February , 1994. ATTEST: g(' Ail CITY CLEFK cadataWmVeno.res AYOR Approved by City Attorney's Office TT a F cc x W 25501® is a a a • RRUMC scd8 0 Im 1'.00' Fam OF OLOs11i Is to TM Ort FOOT In TKM feaw FM A A Vim-,. r/'T Yr�w Mem. PROPR/ETO? S C/Ty o/ lowA tiTY m 0 0 0 0 I ♦♦♦ F1R11liX M. XFXNIX �� XI t1YY14fk11 rlfll[I Mrte1 7. 1111 I certify that during the month of October, 1993, of the direction of Jeanette Meade (Byers & Happe]) a survey was made under my supervision of a Portion of Lot 22, of Irish's Extension of Wood's Addition to Iowa City, Iowa, according to the recorded plat thereof, and a Portion of Lots 20 and 21, of said Addition, the boundaries of which are described as follows; Lot 22 Beginning at the Southwest Comer of said Lot 22; Thence NO0005'08'W, along the West line of said Lot 22. 14.62 feel; Thence N89e48'02'E, 297.45 reel; Thence S02e02'4TE, along an existing fence 14.63 feel; Thence S89e48'02'W, along the South fine of said Lot 22, 297.95 feet to the Point or Beginning. Said parcel of land containing 4,353 square feet, more or less, and is subject to easements and restrictions of record. Lots 20 and 21 Beginning at the Northeast Comer of said Lot 21; Thence S00008'05'E, along the East line of said Lots 20 and 21, 155.14 feel; Thence S89e48'02'W, 2.74 feel; Thence NO2e02'42'W, along an existing fence 155.22 feet to a Point on the North line of said Lot 21; ThenceN89e48'02'E, 8.05 feet to the Point of Beginning. Said parcel of land containing 837 square feel, more or less, and is subject to easements and restrictions of record. HER further certify that the plat as shown is a correct representation of the survey and all comers are F marked as indc ailed. I i mooert u. Mickelson 5. IA. Reg. No. 7036 My Biennial Registration expires December 31, 19� Signed before me this w.. day of .SAnJ(.14ef 19qzt_. OA , _ .. ,1 in & for ;r..O W P b QUITCLAIM DEED The City of Iowa City, Iowa, a municipal corporation ("City"), for One Dollar and other valuable consideration, does hereby quitclaim to Gary L. Gaines ("Gaines"), a single person, all its right, title and interest in the following property located in Johnson County and the State of Iowa: Beginning at the Southwest Corner of said Lot 22; Thence N00105'08"W, along the West line of said Lot 22, 14.62 feet; Thence N89048'02"E, 297.45 feet; Thence S02°02'42"E, along an existing fence 14.63 feet; Thence S89148'02"W, along the South line of said Lot 22, 297.95 feet to the Point of Beginning. Said parcel of land containing 4,353 square feet, more or less, and is subject to easements and restrictions of record. The City reserves and retains a tree conservation easement over the property described above. This conveyance is subject to all restrictions and additional easements of record, and is exempt from transfer tax pursuant to Section 428A.2(6), Iowa Code (1993). This deed is executed and delivered by the authority vested in the Mayor and City Clerk of the City of Iowa City, Iowa, in Resolution No. 4-+4 , passed and approved t49•� Dated this /S� day ofEek 1994. CITY OF IOWA CITY, IOWA: By: /Susan orowitz,/Mayor Attest:'r. Manan K. Karr, City Clerk STATE OF IOWA ) 1 SS: JOHNSON COUNTY 1 On this /5"�4 day of Wh,.,,� , 19�, before me, the undersigned, a Notary Public in and for the State'of Iowa, personally appeared Susan M. Horowitz 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 the City of Iowa City, Iowa, a municipal corporation; 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 authorized in Resolution No. q�1 -'F4 passed by the City Council on the 15,A day ofiab� 19�, and that Susan M. Horowitz the and Marian K. Karr acknowledged exe ution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Pim 812- RESOLUTION NO. 94-45 RESOLUTION AUTHORIZING CONVEYANCE OF VACATED PORTIONS OF THE NORTHERN HALF OF LAFAYETTE STREET AND THE EASTERN HALF OF MAIDEN LANE TO KENNEDY PLAZA, INC. WHEREAS, on December 17, 1993, the City Council adopted Ordinance No. 93-3602 vacating portions of the northern half of Lafayette Street and the eastern half of Maiden Lane in Iowa City, Iowa; and WHEREAS, the vacated portion of City right-of-way no longer serves a public purpose by providing public access to the properties in the area; and WHEREAS, this portion of the right-of-way does not contain any public or private utilities; and WHEREAS, Kennedy Plaza, Inc. offered to install public improvements along Lafayette Street and Maiden Lane in exchange for the vacated property. Those improvements are illustrated on the attached plan labeled Exhibit A and include the installation of curb and gutter and sidewalk along the east and north sides of Maiden Lane and Lafayette Street and removal of existing paving which is no longer necessary; and WHEREAS, on February 1, 1994, the City Council adopted Resolution No. 94-36 declaring its intent to convey its interest in the vacated portions of Lafayette Street and Maiden Lane, authorizing public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and the City Clerk are authorized to execute the attached Quit Claim Deed conveying the City's interest in the property legally described below to Kennedy Plaza, Inc., for and in consideration of Kennedy Plaza, Inc. installing the improvements shown on Exhibit A. The improvements include the installation of a curb and gutter and sidewalk along the east and north sides of Maiden Lane and Lafayette Street and the removal of existing paving no longer needed, according to plans and specifications approved by the City Engineer. Commencing at the Southeast Corner of Lot 4, Block 22, County Seat Addition, to Iowa City, Iowa; Thence S89°35'00"E (a recorded bearing), 50.00 feet to a Point on the Easterly Right -of -Way line of Maiden Lane, said point also being the Point of Beginning; Thence S00100'00"W, along said Maiden Lane Right -of -Way 38.17 feet; Thence N89 035'00"W, 10.35 feet; Thence N00100'00"E, 38.17 feet; Thence S89035'00"E, 10.35 feet to the Point of Beginning. Said tract of land contains 395 square feet, more or less, and is subject to easements and restrictions of record. ' J�5 Res. No. 94-45. Page 2 2. The City Attorney is authorized to deliver said Quit Claim to Deed to Kennedy Plaza, Inc. after Kennedy Plaza, Inc. installs the above -referenced improvements and the City accepts said improvements. The deed and other documentation required by Iowa Code §364.7(1993) shall be recorded in the Johnson County Recorder's Office at Kennedy Plaza, Inc.'s expense. It was moved by Lehman and seconded by adopted, and upon roll call there were: AYES: X X X X y — X X NAYS: Baker the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 15th day of February , 1994. ATTEST: &ajz � � �( Cir CLERK cadataWm1more12.res MAYOR Approved by City Attorney's Offic 621 a a No,d1owLlImalW4 � a` undo ONISLLI N a Y �n plai a 9 0 !1q[ 1qwl NOILY]VA Ow UL,O I . cl 33Vdtl11S I v'.... yLIYHJSV 1 a — Sbvdi - ONUSIX3 P01 _ ONP/Id O m � �Lw . LM w•.q _a daddCny�O '.'slat O 21 •j� AIHLN1MI —P I S33I d5 9�lJ*Ndl W l 3y u -- Y a �� � a` undo ONISLLI N a Y �n a 9 0 !1q[ NOILY]VA v'.... = 1 a — Sbvdi - H (R z _ ONP/Id loydYM �Lw . LM w•.q _a '.'slat O 21 •j� AIHLN1MI —P – — u -- -- `I \ MIL IM eMd 13SOd0Md lnws ll31orP3 ONUSNI] 2 IY705WINDO l �l 1 O9 3 .OP. .61 1 3WI MUMUd ONUSM3 J, �I r 1r01 P oR19 W P17 N 5L0lld AAMN —fl Pt+P.--LPO nu WIp D.IG3 —fl IS JsgA"a Lando UOILIRO.N PPyB A17 aw 9lOt VN'GN N1 •S -"-q m'a P" 14 aL 10 Pla A1•LR W Io wp Wnjfw V1MV l N uwyl n MO. %WP4"p 4yo 'W10w P L"4"w PIR lwM s01 V11NIR,l Pm," Ja lmlu UM am01 lif .sum' L1��PI 'auM*19 P WPd.41 011001 Fral-3A4ff.619 MW LLdiol LI -Of {I" awR ,AL11001 YAAO11A1N oawtLL aLW LI'11 ARM-P'1001W MRI u pM MVALM-IW WLfs q 7wPLB P W10d.V OuNV Wig lupd pLL'Wr1 uLpM o '1"'LI'AIPJ w%V M Od. M Pei 00091&"1y MP�w p 3AOHA19 7w9P9P1SAw*3Y1"8,, PIP»un3uLLwwS.unaupnLuurotj . go 1 -R0 O's tc1YN sm"O I'M P Val WP WpwlO s jopm n 9�Vo w POHLpn P IMPVSLA 11'1601""Wold1S P WOW 1N Ouyry UN 4ww 1. mHavuI,wMV uu awL" 3p wjayj 401-O-LKM ENVY IN WW w lYN wiORV�ulY�1 . 1331 IMW NI 10011 MU 1131 11 3MM AD IOM %m' � MLAMN LYL W ■ 1111oLOM 1y .y�l da ar \OW 9MN UmaR�n» de SWIMm SWIM nul VaLU Llmn - nl0l any;w� •JLLLOi-- Ll]IurL I 'M{IN1 l<lln Lpl - W1101E1, alld•. Lso3-q811. LMwLM LL)YD7 ulpAL - 0 NOUIOOV 1V3S 11NAM 11 N0016 1 Lot 14x00 1LV3WfW ��_ wLVyl 41015 bam MgiL}Lpipl . 1wIlIM1�i5L o m �LSaaL . .SZ 53.1 "- • —_ LSlm- �1��1;115 3ju 3AV- m co 7) m p 1211 la INS 3®m3 • I I 111 OOObS7 QUIT CLAIM DEED The City of Iowa City, Iowa, a municipal corporation ("City"), for One Dollar and other valuable consideration, does hereby quitclaim to Kennedy Plaza, Inc., an Iowa corporation, its right, title and interest in the following property located in Johnson County, Iowa: Commencing at the Southeast Corner of Lot 4, Block 22, County Seat Addition, to Iowa City, Iowa; Thence S89135'00"E (a recorded bearing), 50.00 feet to a Point on the Easterly Right -of -Way line of Maiden Lane, said point also being the Point of Beginning; Thence S00100'00"W, along said Maiden Lane Right - of -Way 38.17 feet; Thence N89 °35'00"W, 10.35 feet; Thence N00100'00"E, 38.17 feet; Thence S89035'00"E, 10.35 feet to the Point of Beginning. Said tract of land contains 395 square feet, more or less, and is subject to easements and restrictions of record. This conveyance is subject to all restrictions and easements of record, and is exempt from transfer tax pursuant to Section 428A.2(6), Iowa Code (1993). This deed is executed and delivered by the authority vested in the Mayor and City Clerk of the City of Iowa City, Iowa, in Resolution No. 94— ,�S passed and approved (-s brurr4 x� I qcl+ Dated this 164h day of 76rccaru 199T. CITY OF IOWA CITY, IOWA: Attest: Marian K. Karr, City Clerk STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 05� day of ; krrAaru , 19JL_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 the City of Iowa City, Iowa, a municipal corporation; 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 authorized in Resolution No. passed by the City Council on the 164-h day of 19_9t�, and that Susan M. Horowitz and Marian K. Karr acknowledged the execu ion of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa RESOLUTION NO. 94-46 RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE THE PROPERTY AT 1109 FIFTH AVENUE FOR THE PROVISION OF AFFORD- ABLE HOUSING TO A LOW/MODERATE INCOME HOUSEHOLD. WHEREAS, the City of Iowa City has adopted the 1994-1998 Comprehensive Housing Affordability Strategy (CHAS); and WHEREAS, the CHAS identifies the expansion of affordable rental and owner -occupied housing units for low and moderate income households as a priority; and WHEREAS, on April 28, 1992, the City of Iowa City approved Resolution 92-106 adopting a policy forthe purchase ofvacant lots far providing affordable housing opportunities in Iowa City; and WHEREAS, Scott Goedken owns an approximately 8000 square foot lot at 1109 Fifth Avenue, Iowa City, Iowa, legally described on Exhibit A, attached hereto and incorporated by this reference, and has agreed to sell said lot to the City for $16,500, subject to City Council approval; and WHEREAS, the City Council finds that it is in the public interest to ensure the availability of housing opportunities for all Iowa City residents, and that the purchase of said lot advances the goals of the CHAS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The purchase of the lot located at 1109 Fifth Avenue, Iowa City, Iowa, legally described on Exhibit A, by the City of Iowa City for $16,500, subject to the conditions of the purchase agreement, is hereby approved. 2. The City Manager is hereby authorized to execute all necessary documents to consummate the purchase. 3. The lot shall be used to advance the goals of the CHAS through the construction of new housing affordable to a low or moderate income household, relocation of an existing house affordable to a low or moderate income household, or by other appropriate means. 0- Res. No. 94-46. Page 2 It was moved by Kubby and seconded by Throgmorton be adopted, and upon roll call there were: AYES: x Y NAYS: ABSENT: the Resolution Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 1 5rh day of February , 1994. ATTEST: ; gyp- CIT'CLERK ppdcdbg\11095th.res j�lA OR 'Y �� � Approved by City Attorney's O "q—/D - EXHIBIT A Commencing at the Northeast Comer of Lot 1, Block 44, East Iowa City, Iowa, according to the recorded plat thereof; Thence S00007'46"E along the East line of said Lot 1, 87.57 feet, to the Point of Beginning; Thence continuing S00007'46"E, along said East line 62.00 feet; Thence N89°52'57"W, 120.11 feet; Thence N00°05'42"E, 76.50 feet; Thence S89°53'12"E, 39.94 feet; Thence S00°01'34"W, 14.50 feet; Thence S89°52'53"E, 79.92 feet to the Point of Beginning. Said parcel of land contains 8,019 square feet, more or less, and is subject to easements and restrictions of record. II� °6 -&L RESOLUTION NO. 94-47 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO ESTABLISH A POLICY REGARDING PUBLIC HEARINGS FOR TRANSIT FARE AND SERVICE CHANGES FOR IOWA CITY TRANSIT. WHEREAS, Iowa City Transit is a public transit system operating in the City of Iowa City and is open to the public; and WHEREAS, the above-named transit system is a grantee of Federal Transit Administration (FTA) Section 3 and 9 capital and Section 9 operating assistance; and WHEREAS, a provision of the FTA Section 3 and 9 programs requires a locally adopted policy regarding public hearings for transit fare and service changes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the following statements will constitute the policy regarding public hearings for fare and service changes for Iowa City Transit: 1. Any fare change will require a public hearing. 2. Any service change involving 25% or more of the route miles of the system will require a public hearing. 3. The time and place of said public hearings will be set by the Parking and Transit Department and authorized by the City Council. 4. A notice of the hearing will be published in a newspaper of general circulation not less than four or more than 30 days in advance of the hearing. 5. Notice of the hearing will be posted on board all Iowa City buses for a period of at least one week prior to the hearing. 6. Comments received at the hearing will be taken into considerption before a decision is made on the proposed fare or service change. Passed and approved this 15th day of February 1994. MAYO Approved by i ATTEST: CIT . CLERK --thy Attorney's Office jccogtp\policy.res Resolution No. 94-47 Page ) It was moved by Novick and seconded by p; gnrr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Baker g Horowitz g Kubby g Lehman x Novick x Pigott x_ Throgmorton RESOLUTION NO. 94_i,a RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC. FOR ENGINEERING SERVICES FOR DESIGN OF THE IOWA RIVER CORRIDOR TRAIL FROM BURLINGTON STREET TO HIGHWAY 6. WHEREAS, the City Council adopted the "Iowa River Corridor Study Update, Trails" as the planning document for the Iowa River Corridor Trail; and WHEREAS, the trail segment from Burlington Street to Highway 6 ("Project") is included in the list of five-year priorities identified in the update; and WHEREAS, City has negotiated a contract with Shive-Hattery Engineers and Architects Inc. to design the trail Project, a copy of which is attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. It is in the public interest to enter into an Agreement for the design of -the above Project with Shive-Hattery Engineers and Architects, Inc. of Iowa City and the Agreement is hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the Agreement attached hereto and incorporated by reference herein, for and on behalf of the City. Passed and approved this 15th day of February1994. MAYOR Approved by ATTEST: /i(Q,u 2 ?i A CITY CLERK City Aft rney's Office It was moved by Kubbv and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker g Horowitz g Kubby X Lehman Novick X Pigott x Throgmorton ppdadminvtrfpses W AGREEMENT FOR SERVICES IOWA RIVER CORRIDOR TRAIL DESIGN FROM BURLINGTON STREET TO HIGHWAY 6 IOWA CITY, IOWA This agreement is made and entered into this day of 1994, by and between the City of Iowa City, hereafter referred to as "the City", and S ive-Hattery Engineers and Architects, Inc. of Iowa City, Iowa, hereinafter referred to as "Contractor". WHEREAS, the City prepared a list of specifications for completion of a design of the Iowa River Corridor Trail from Burlington Street to Highway 6, Iowa City, Iowa; and WHEREAS, Contractor prepared a proposal to fulfill the City's specifications; and WHEREAS, it is in the public interest to enter into a contract to execute the design of the Iowa River Corridor Trail from Burlington Street to Highway 6. NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor agree as follows: 1. The City accepts Contractor's proposal dated January 12, 1994 2. The following documents, attached hereto, are incorporated by reference in this agreement: a. Sections I, II and III of the City's request for Proposal 94-67, Iowa River Trail Design from Burlington Street to Highway 6. b. Anticipated 1994 Project Schedule, and Proposed Design Fees from the Contractor's proposal dated January 12, 1994. C. Contractor's February 1, 1994, letter regarding additional services. 3. The parties agree that this contract, which includes the attached documents, constitutes the entire agreement between the parties. 4. Contractor shall complete all services described in the Proposed Design Fees attached hereto. 5. The work described in the Contractor's proposal shall not require more than one hundred twenty (120) days to complete from the date the Contractor receives notice to proceed from the City. The City and Contractor shall coordinate a formal schedule. 6. The total fee for the completion of all specified work activities shall not exceed $31,500. 7. Payment for services will be due twenty (20) days from the date of invoice. Contractor will issue invoices on or about the first of each month. 8. The City designates Charles Denney, Associate Planner, department of Planning and Community Development as its contact person. Contractor designates Scott Wallace, W A, 2 Professional Engineer and Project Manager. 9. The parties agree that the City retains Contractor as an independent contractor and not as an employee. 10. Performance under this agreement must conform to all federal and state laws and the ordinances of the City of Iowa City. 11. This agreement shall bind the successors and assigns of the parties, provided a party shall not assign or transfer any interest in this Agreement without the other party's written consent. Dated this lq- day of 7 1994. CITY OF IOWA CITY, IOWA SHIVE-HATTERY ENGINEERS & ARCHITECTS, INC. By: r By: C�;d� ;�"i �- Susan M. Horowitz, Mayor, v President z/r Attest: 2a. ua) W • Sew J City Jerk ppdadmin\shive.con Approved By City Attorney' Office 111 /pry Attest: mk"2 Secretary To q , � (,L— RESOLUTION L RESOLUTION NO. 94-49 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE 1994 SANITARY AND STORM SEWER PROJECT. WHEREAS, Tschiggfrie Excavating of Dubuque, Iowa, has submitted the lowest responsible bid of $694,697.76 for the construction of the above-named project. 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 Tschiggfrie Excavating of Dubuque, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 1 Srh day of Fehruary , 1994• M YOR Approved by ATTEST: �.,� i CIT CLERK rt Attorney's Office _--.e It was moved by Kubby and seconded by Novick the Resolution be adopted, and upon roll call there were: pweng\94strmsw.res AYES: M X X X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 94-90 RESOLUTION AWARDING CONTRACTS FOR PARK DEVELOPMENT CON- STRUCTION OF THE WHISPERING MEADOWS WETLAND PARK PROJECT. WHEREAS, Barkers Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $110,912.50 for Contract 1 (park development) for the construction of the above-named project; and WHEREAS, Olson Bros. Sodding and Landscaping of Marion, Iowa has submitted the lowest responsible bid of $23,975.00 for Contract 2 (prairie restoration) for the construction of the Whispering Meadows Wetland Park Project ("Project"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Contract 1 for the park development of the above-named Project is hereby awarded to Barker's Inc. of Iowa City, Iowa, and Contract 2 for prairie restoration is awarded to Olson Bros. Sodding & Landscaping of Marion, Iowa, subject to the condition that awardees secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest Contracts 1 and 2 for the construction of the above-named Project, subject to the condition that awardees secure adequate performance and payment bonds, insurance certificates, and contract compliance program statements. Passed and approved this 15th day of February 1994. f/^/�,, ^ i a�- MAYOR Approved by �J ATTEST: ///i/l V� u% it�t/ O fi' •G'c' i ULGr�i"`' �C'e CITY -CLERK C ty Attorney's Office pweng\whismead.res 5o Resolution No. 94-50 Page 9 It was moved by Thrn=nrrnn and seconded by T nr,m„n the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz g Kubby g Lehman g Novick X Pigott Throgmorton Sd RESOLUTION NO. 94-51 RESOLUTION AUTHORIZING CITY STAFF TO BEGIN NEGOTIATIONS FOR THE PURCHASE OF PROPERTY LYING BETWEEN WATERFRONT DRIVE AND THE CRANDIC RAILROAD RIGHT-OF-WAY FOR THE FUTURE EXTENSION OFSOUTHGATE AVENUE. WHEREAS, the Public Works Department has recommended that, as development occurs along South Gilbert Street, the subdivider extend Southgate Avenue between Waterfront Drive and South Gilbert Street; and WHEREAS, the proposed alignment of Southgate Avenue includes property located between Waterfront Drive and the Crandic Railroad right-of-way, that does not require subdivision approval prior to development; and WHEREAS, the Public Works Department recommends that the City investigate the possibility of purchasing the necessary right-of-way between Waterfront Drive and the Crandic Railroad prior to development of that area; and WHEREAS, the purchase of property between Waterfront Drive and the Crandic Railroad would ensure the availability of sufficient right-of-way for the future extension of Southgate Avenue. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT City Staff is hereby authorized to begin negotiations for the purchase of property between Waterfront Drive and the Crandic Railroad right-of-way in order to ensure the availability of sufficient right-of-way for the future extension of Southgate Avenue. It was moved by Novick and seconded by Thrn�omorYon the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton 61 Passed and approved this 15th day of February 1994. t MAYOR Approved by ATTEST CITY CLERK City Attorney's Offic z -/C _ �y cadata\kim\south.res 51 'p. RESOLUTION NO. RESOLUTION AMENDING THE CONFIDENTIAL/ADMINISTRATIVE AND EXECUTIVE CLASSIFICATION/COMPENSATION PLAN. WHEREAS, Resolution No. 93-108, adopted by the City Council on May 11, 1993, established a Classification/Compensation Plan for Confidential/Administrative and Executive Employees, and WHEREAS, the responsibilities of the Transit Manager and the Parking Manager have been reduced by the creation of the position of Parking and Transit Director. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Confidential/Administrative and Executive Classification/Compensation Plan be amended by: 1. The deletion of the position of Parking Systems Superintendent, grade 30. 2. The addition of the position of Parking Manager, grade 29. 3. The reclassification of the position of Transit Manager from grade 31 to grade 29. Passed and approved this 15th day of February , 1994. tl. aeill � .�- MAYOR 7n � Approved by ATTEST: //!/1Jiir,.� `9Clill� CITYCLERK C Attorney' Office `v/9 It was moved by Kuhby and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: humanrehdireemcres AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton 54 RESOLUTION NO. 94-53 46 I,IL RESOLUTION CERTIFYING UNPAID MOWING AND PROPERTY CLEANUP CHARGES AND UNPAID SNOW AND ICE REMOVAL CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Section 364.12 of the Code of Iowa provides that the City Council may certify unpaid mowing and property cleanup and unpaid snow and ice removal charges to Johnson County, for collection in the same manner as a property tax; and WHEREAS, there exist unpaid mowing and property cleanup and unpaid snow and ice removal charges for the owners and properties, and in the amounts specified in Exhibit A, attached to this Resolution and by this reference made a part hereof; and WHEREAS, the Council finds that the property owners have received a written notice by certified mail, return receipt requested, of the date and time for the City Council's consideration of this resolution, at which time the property owners may appear before the Council and be heard concerning the unpaid charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Clerk is hereby authorized to certify to Johnson County, Iowa, for collection in the same manner as a property tax, unpaid mowing and property cleanup and unpaid snow and ice removal charges, as stated in Exhibit A attached. It was moved by Lehman and seconded by Thromnnrtnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick x Pigott X Throgmorton Passed and approved this 15th day of February , 1994. MAYOR Approved by /��FVI - - CAttorney's Office finacctglmowsnow. res 53 EXHIBTTA94.WP February 15, 1994 Section 24-101(c), Ordinances for City of Iowa City Section 364.12 (3) (a), (g) and (h), Code of Iowa (1991) PROPERTY OWNER: Philip G. and Beth McQuillen-Ahrens PROPERTY OWNER'S ADDRESS: 619 3rd Avenue, Iowa City, IA 52245 PROPERTY: 619 3rd Avenue LEGAL DESCRIPTION: Lot 3 Block 23 E I C CHARGES: Mowing and clean-up - $35.00 Sections 31-120, Ordinances for City of Iowa City Section 364.12 (2) (b) and (e), Code of Iowa (1991) PROPERTY OWNER: Edward C. and Marilyn J. Pechous PROPERTY OWNER'S ADDRESS: 503 Kenwood Drive, Iowa City, IA 52245 PROPERTY: 503 Kenwood Drive, Iowa City, IA 52245 LEGAL DESCRIPTION: Lot 207 Court Hill Add., Part 3 PARCEL NUMBER: 58276 CHARGES: Salted and sanded 70' of sidewalk - 1/29/93 and 2/4/93 - $25.00 asss3:s 2 PROPERTY OWNER: E. W. Wells PROPERTY OWNER'S ADDRESS: 1145 E. College Street, Iowa City, IA 52240 PROPERTY: 1145 College Street LEGAL DESCRIPTION: Beg. at Pt. 5' W. of NE Cor. Lot 3 - Carson's Sub. Div. J & J W. Clark's Add. E. 12.45' SE.64' SW.90.3' & N. 110' to Beg. PARCEL NUMBER: 63144 CHARGES: Shoveled 40' of sidewalk - 3/3/93 - $25.00 53 RESOLUTION NO. 94-54 RESOLUTION CERTIFYING UNPAID WATER, SANITARY SEWER AND SOLID WASTE CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Sections 33-166, 33-40.13 and 15-43, of the Iowa City Code of Ordinances provide that pursuant to Chapter 384, Code of Iowa (1993), the City Council may certify unpaid water, sewer and solid waste charges to Johnson County for collection in the same manner as a property tax; and WHEREAS, there exists unpaid water, sewer and/or solid waste charges for the users and owners of certain properties, as listed in Exhibit A, attached hereto and by this reference made a part hereof; and WHEREAS, the Council finds that each property owner has received a written notice by certified mail, return receipt requested, of the date and time for the City Council's consideration of this resolution, at which time the property owners may appear before the Council and be heard concerning the unpaid chargeg. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Clerk is hereby authorized to certify the unpaid water, sewer and solid waste charges set forth in Exhibit A, attached hereto, to Johnson County, Iowa, for collection in the same manner as a property tax, as provided by state law. It was moved by Throgmorton and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: X X X X -X— X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 15th day of February 1994. MAYOR pproved by ATTEST: CIT CLERK Cit Attorney's Office a:\fintreasWeingact res Sal- Agenda Item #25 Revised List 2-15-94 SUMMARY OF DELINQUENT AMOUNTS DUE (Water, Sewer, Solid Waste, Recycling Combined) Inactive Accounts September 30, 1993 Amount to be Liened 19 accounts Water Tenant Owner 880.22 % of 329.88 Accounts Accounts Total Total Beginning Delinquent Balance $8,316.72 $6,786.67 $15,103.39 100% Payments -1,206.28 -2,833.43 -4,039.71 -27% Transfers to other accounts - 614.60 -1,049.42 -1,640.82 -11% Bankruptcy 0 - 169.62 - 169.62 - 1% Write-offs -5,297.04 -2,210.17 -7,457.21 -50% Lien -1,198.80 - 524.03 -1,722.83 -11% Total -0- -0- -0- -0- Amount to be Liened 19 accounts Water $426.10 Sewer 880.22 Refuse 329.88 Recycle 86.63 Total $1,722.83 Past Due Refuse Only Active Accounts October 6, 1993 6 accounts Total \amtsdue.tbl S4 Owner Account % of Only Account Beginning Delinquent Balance $923.00 100% Payments — Lien 923.00 100% Total \amtsdue.tbl S4 EXHIBIT A 001-830-04 Service Address: 4074 Napolean Lane Refuse $110.00 Owner: Olin Lloyd & Duane Anderson Total $110.00 Mailing Address: 748 Rundell St. Tenant: Kala Yanausch Mailing Address: 4074 Napolean Lane Legal Desc.: Govt. Lot 4 Sec. 22-79-6 bldg. on leased ground. Land owned by Olin Lloyd and Duane Anderson. Bill Date: Nov. 25, 1992 -Oct. 6, 1993 001-851-01 Service Address: 4178 Napolean Lane Refuse $194.25 Owner: Olin Lloyd & Duane Anderson Total $194.25 Mailing Address: 748 Rundell St. Tenant: Storm Wasek Mailing Address: 4178 Napolean Lane Legal Desc.: Govt. Lot 4 Sec. 22-79-6 bldg. on leased ground. Land owned by Olin Lloyd and Duane Anderson. Bill Date: July 31, 1991 -Oct. 6, 1993 001-907-02 Service Address: 3760 Napolean Lane Refuse $110.00 Owner: Olin Lloyd & Duane Anderson Total $110.00 Mailing Address: 748 Rundell St. Tenant: Max Yocum Mailing Address: 3760 Napolean Lane Legal Desc.: Govt. Lot 4 Sec. 22-79-6 bldg. on leased ground. Land owned by Olin Lloyd and Duane Anderson. Bill Date: Nov. 25, 1992 -Oct. 6, 1993 001-916-00 Service Address: 3926 Napolean Lane Refuse $110.00 Owner: Olin Lloyd & Duane Anderson Total $110.00 Mailing Address: 748 Rundell St. Tenant: Margaret Kuenster Mailing Address: 3926 Napolean Lane Legal Desc.: Govt. Lot 4 Sec. 22-79-6 bldg. on leased ground. Land owned by Olin Lloyd and Duane Anderson. Bill Date: Nov. 25, 1992 -Oct. 6, 1993 001-926-01 Service Address: 4050 Napolean Lane Refuse $110.00 Owner: Olin Lloyd & Duane Anderson Total $110.00 Mailing Address: 748 Rundell St. Tenant: Max Yocum Mailing Address: 3760 Napolean Lane Legal Desc.: Govt. Lot 4 Sec. 22-79-6 bldg. on leased ground. Land owned by Olin Lloyd and Duane Anderson. Bill Date: Nov. 25, 1992 -Oct. 6, 1993 001-996-00 Service Address: 4040 Napolean Lane Refuse $110.00 Owner: Olin Lloyd & Duane Anderson Total $110.00 Mailing Address: 748 Rundell St. Tenant: Max Yocum Mailing Address: 3760 Napolean Lane Legal Desc.: Govt. Lot 4 Sec. 22-79-6 bldg. on leased ground. Land owned by Olin Lloyd and Duane Anderson. Bill Date: Nov. 25, 1992 -Oct. 6, 1993 54f 2 001-997-03 Service Address: 4030 Napolean Ln. Refuse $178.75 Owner: Olin Lloyd & Duane Anderson Total $178.75 Mailing Address: 748 Rundell St. Tenant: AI Graham Mailing Address: c/o Margie Brazelton, 4030 Napolean Ln., #34 Legal Desc.: Govt. Lot 4 Sec. 22-79-6 bldg. on leased ground. Land owned by Olin Lloyd and Duane Anderson. Bill Date: Apr. 1, 1992 -Oct. 6, 1993 001-045-11 Parcel #: 56937000 Service Address: 422 N. Clinton St. Water $21.92 Owner: Den -Wil Investments Inc. Sewer 32.62 Mailing Address: 1085 NW Greenwood, Ankeny, IA 50021 Refuse 17.50 Manager: D. Biefeldt Recycle 4.50 Mailing Address: c/o Keystone Property Management Total $76.54 112 Fifth Street Place, Coralville, IA 52241 Tenant: Jack E. Levine Legal Desc.: Lot 3 Blk. 75 N 37.5' of the 5.75' of Lots 3 & 4 Original Town Bill Date: June 2, 1993 -Aug. 3, 1993 006-080-13 Parcel #: 54413000 Service Address: 1010 N. Dodge St. Water $31.46 Owner: Bonnie L. Mahoney Sewer 54.08 Mailing Address: 921 Dewey St. Refuse 35.00 Tenant: Erin Martin Recycle 9.00 Legal Desc.: Deweys Add. Lot 4 Blk. 2 Total $129.54 Bill Date: Apr. 7, 1993 -Aug. 4, 1993 006-800-05 Parcel #: 59323000 Service Address: 415 N. Governor St. Water $20.37 Owner: H&G Partnership Sewer 46.03 Mailing Address: 10 Heather Dr. Refuse 35.00 Tenant: Ken Guthrie Recycle 9.00 Legal Desc.: Original Town of Iowa City Lot 8 Blk. 8 Total $110.40 Bill Date: Mar. 26, 1993 -Aug. 3, 1993 007-560-06 Parcel #: 54770001 Service Address: 630 S. Capitol St., #201 Water $4.51 Owner: Capitol Street Investments Sewer 31.86 Mailing Address: 1235 Hotel Circle S., San Diego, CA 92108 Total .$36.37 Tenant: Latrina Harris Legal Desc.: County Seat Add. Lot 5 & SI/2 Lot 6 Blk. 2 Bill Date: June 2, 1993 -Aug. 6, 1993 008-065-19 Parcel #: 56684000 Service Address: 613 S. Dubuque St. #5 Water $29.14 Owner: I. C. Investors Inc. Sewer 45.94 Mailing Address: P.O. Box 2000 Total $75.08 Tenant: David Wehrstein Legal Desc.: County Seat Add. N 40' of Lot 2 Blk. 11 Bill Date: June 3, 1992 -Sep. 22, 1992 54 008-065-20 Parcel #: 56684000 Service Address: 613 S. Dubuque St. #5 Water $6.23 Owner: I. C. Investors Inc. Sewer 88.05 Mailing Address: P.O. Box 2000 Total $94.28 Tenant: Austin Lindley Legal Desc.: County Seat Add. N 40' of Lot 2 Blk. 11 Bill Date: Apr. 7, 1993 -June 9, 1993 008-069-02 Parcel #: 56684000 Service Address: 613 S. Dubuque St. #9 Sewer $45.01 Owner: I. C. Investors Inc. Total $45.01 Mailing Address: P.O. Box 2000 Tenant: Kevin Seng Legal Desc.: County Seat Ad. N 40' of Lot 2 Blk. 11 Bill Date: June 2, 1993 -Aug. 4, 1993 009-239-03 Parcel #: 59505000 Service Address: 610 S. Johnson St. #3 Sewer $36.40 Owner: So -Lyn Partners Total $36.40 Mailing Address: 2270 Cae Dr. Tenant: James B. Holmstedt Legal Desc.: Lyons 2nd Add. Lot 7 Blk. 9 Bill Date: June 2, 1993 -July 30, 1993 013-895-14 Parcel #: 62309000 Service Address: 630 Reno St. Water $7.85 Owner: Leslie Benton Sewer 51.52 Mailing Address: 8439 NE Columbia Blvd., Portland, OR 97220-1382 Refuse 54.25 Legal Desc.: Irish extension of Wood Add. S 22' of W 120' of Recycle 15.75 Lot 19 and N 28' of W 120' of Lot 18 Total $129.37 Bill Date: Feb. 2, 1993 -Apr. 30, 1993 -Parcel #: 54995000 Service Address,.—,a06 S. Van Buren St. Se er $14 0 Owner:_ rad L. & Kimberly R. L Refus 8.75 Mailing Addres 0 qua St. NE V� ✓A r h I ' u u 1 Recy .25 Tenant: Alice B T al $25. Legal De .. ages Add. Lot 7 Blk. Bill- ate: Aug. 11, 1993 -Sep. 1, 1993 045-335-15 Parcel #: 53426000 Service Address: 1104%z E. Bloomington St. Sewer $1.26 Owner: Leahy -Sheets Refuse 13.13 Mailing Address: c/o Thomas Realtors, 9 S. Linn St. Recycle 3.38 Manager: Barber & Sheets Limited Partnership Total $17.77 Mailing Address: 932 Market St. Tenant: Byn Always Legal Desc.: Woods Add. Lot 2 Blk. 2 Bill Date: June 16, 1993 -Aug. 3, 1993 —^"`52e-ia Par 56479000 Service Address: 630 E. Bloomi n St. ter $77 Owner: M. & S. Vinod Sew 9.58 Mailing Address: c/o I e erty Mgt., 112 Fifth St. Place Refuse X35.00 Coralville, IA 71i�` Recyc e 00 Tena rian MacFadyen �al $241. Legal Desc.: Original Town of Iowa City E%a of S%z Lot fk. 28 Bill Date: Apr. 21, 1993 -Aug. 24, 1993 54f _ rd 055-415-13 Parcel #: 58126000 Service Address: 730 E. Burlington St. Water $50.40 Owner: Byford Wheeler Sewer 64.96 Mailing Address: 212 Park Rd. Refuse 35.00 Tenant: Michael Gravitt Recycle 9.00 Legal Desc.: Original Town of IC S 50' of E 70' Lot 8 Blk. 22 Total $159.36 Bill Date: July 7, 1993 -Sep. 7, 1993 056-350-04 Parcel #: 60514000 Service Address: 1117 E. Court St. Water $40.95 Owner: Theodore S. Wheeler Sewer 51.24 Mailing Address: 109 Grove St. Refuse 26.25 Legal Desc.: Oakes 1st and 2nd Add. 5D of Lot 34 • Recycle 6.75 Bill Date: May 5, 1993 -Aug. 3, 1993 Total $125.19 062-045-08 Parcel #: 60918000 Service Address: 512 W. Benton St. Water $17.38 Owner: David Lee Ellenz Sewer 26.60 Mailing Address: 850 Spring Rd., Apt. 111, Fairbault, MN 55021 Refuse 26.25 Tenant: Adam C. Beatty Recycle 6.75 Legal Desc.: Giblins 5D Lot 5 Total $76.98 Bill Date: May 5, 1993 -Aug. 3, 1993 062-625-07 Parcel #: 63310000 Service Address: 503 Melrose Ct. Water $5.57 Owner: Mark Carstens Sewer 6.30 Mailing Address: c/o Chris Kleinmeyer, 501 Melrose Ct. Refuse 8.75 Legal Desc.: Brookland Park Add. E 25' Lot 21 & W 25' Lot 22 Recycle 2.25 Bill Date: Aug. 3, 1993 -Aug. 24, 1993 Total $22.87 071-649-03 Parcel #: 55185000 Service Address: 225 E. Washington St. #204 Water $9.03 Owner: Craig H. Hassemeyer Sewer 45.15 Mailing Address: 121 Account, c/o Hanick, 1830 Friendship St. Total $54.18 Manager: Kevin Hanick Mailing Address: c/o Rtl. Mgt., 218 E. Washington St. Tenant: Nicole Bickley Legal Desc.: Original Town of Iowa City W 20' of Lot 1 & E 17' of Lot 2 Blk. 65 Bill Date: May 14, 1993 -Aug. 10, 1993 082-670-20 Parcel #: 61751003 Service Address: 1116 Oakcrest St. #2 Water $7.85 Owner: Narayaha S. & Rama Ambati Sewer 12.60 Mailing Address: c/o Keystone Property Mgt., 112 Fifth St. Place Total $20.45 Coralville, IA 52241 Tenant: Perry Alan Pickens Legal Desc.: Terrace Hill Add. Part 4 5D of Lots 5 & 6 Lots 9 & 10 Bill Date: Jan. 19, 1993 -Mar. 23, 1993 010-310-15 Parcel #: 57704000 Service Address: 534 S. Lucas St. Water $95.78 Owner: John A. Wakefield Sewer 106.82 Mailing Address: 534 S. Lucas St. Refuse 35.00 Legal Desc.: Berryhills 2nd Add. Lot 10 Blk. 1 Recycle 9.00 Bill Date: June 1, 1993 -Oct. 8, 1993 Total $246.60 fintreas\delinq.lst 5-� 2' 4, -F�' i�" RESOLUTION NO. 94-55 RESOLUTION TOLLING THE EFFECTIVE DATE OF PROPOSED CABLE RATES (FCC FORM 393). WHEREAS, the City has received FCC Form 393 (Request for Cable Rate Approval) from TCI of Eastern Iowa setting out proposed rates for basic cable services, and WHEREAS, these proposed rates will become effective thirty days from receipt of said FCC Form 393, absent action by the franchising authority to postpone the effective date, and WHEREAS, the franchising authority (City) has noted deficiencies in Form 393 and needs additional time to review that submittal to determine the reasonableness of the proposed rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the effective date of the proposed rates shall be tolled for a period of 90 days, pursuant to FCC rate regulation; Report and Order In the Matter of Implementation of Sections of Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, FCC 93-177, and as such regulations are amended from time to time, for the purpose of determining whether the proposed rates are reasonable and to give the cable operator the opportunity to cure deficiencies in their original filing. Passed and approved this 15th day of February 1994. MAYOR Approved 3y� ATTEST: g�tc�r� 9f 9� ACIT LIC ERK C *Cy Attorney's Office ,,P/�f�L It was moved by Novicl and seconded by . pieott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Baker - y Horowitz x Kubby g Lehman g Novick g Pigott X Throgmorton 55 RESOLUTION NO. 94-56 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN IMPROVEMENTS FOR COURT HILL CONDOMINIUMS. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer and water main improvements for Court Hill Condominiums, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said improvements be hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1,t. day of Marsh • 1994• N}AYOR Approved b ATTEST: CITI�LLERK Cit Attorney's Office �/-Z� 5;1X It was moved by Novick and seconded by Throemorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman x Novick Pigott X Throgmorton pweng\cwnhi1.res 56 Jr RESOLUTION NO. v4,_S7 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 524 RONALDS STREET, IOWA CITY, IOWA. WHEREAS, on June 2, 1987, Youth Home, Inc., the property owner of 524 Ronalds Street, Iowa City, Iowa, executed a Promissory Note and a Mortgage to the City of Iowa City in the amount of $12,500 in exchange for a no -interest; and WHEREAS, said Promissory Note and Mortgage create a lien against the subject property; and WHEREAS, Youth Homes, Inc. has paid $6,771.75 of the amount owed the City; and WHEREAS, Youth Homes, Inc. has purchased property located on Waterfront Drive for a new facility and wishes to sell its property located at 524 Ronalds Street; and WHEREAS, Youth Homes, Inc. has executed a new mortgage and promissory note creating a lien against the Waterfront Drive property for the balance due on the loan and the City can now release its lien on 524 Ronalds Street. 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 affected property from an obligation of the Youth Homes, Inc., the property owner of 524 Ronalds Street, Iowa City, Iowa, to pay to the City the principal amount of $12,500, which obligation was recorded in Book 981, Page 183 and Book 1004, Pages 309-310 of the Johnson County Recorder's Office. Passed and approved this 1st day of March 1994. MAYOR Approved by •J y, n,c ATTEST: / /(aui� 7("/ . 74� �— CIT LERK City Attorney's Offic marshab\524ron.res t rw 57 Resolution No. 94-57 Page 2 It was moved by Novi rk and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: - NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott Throgmorton 51 RELEASE OF LIEN The City of Iowa City does hereby release the following property: The East 40 feet of Lot 7 in Block 33, Iowa City, Iowa from an obligation of Youth Homes, Inc., the property owner of 524 Ronalds Street, to the City of Iowa City in the principal amount of $12,500 represented by a Promissory Note recorded in Book 981, Page 183 of the Johnson County Recorders Office and a Mortgage recorded on May 27, 1988 in Book 1004, Pages 309-310 in the Johnson County Recorder's Office. This obligation has been transferred to another property and the above-described property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. Attest: ne. City ­Clerk STATE OF IOWA ) SS: JOHNSON COUNTY) CITY OF IOWA CITY Mayor Approved by: yxhlwj�le -1-t City Attorney's Off ic 2-zS�/`'y On this /s1- day of r"Arris 19_, before me, So. )roc ,k a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 (G;4iaaas4a) (Resolution) No. Sit— 67 passed (the Resolution adopted) by the City Council, under Roll Call No. — of the City Council on the /0- day of AarG4 , 19_5:�_, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SRY,rLIL.. r�o,� Notary Public in and for the State of Iowa ppdrehab\524ron.m1 5`7 �l i RESOLUTION NO. 94-58 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 402 SOUTH LINN STREET, IOWA CITY, IOWA. WHEREAS, on April 15, 1988, Youth Home, Inc., the property owner of 402 South Linn Street, Iowa City, Iowa, executed a Mortgage to the City of Iowa City in the amount of $37,500 in exchange for a no -interest; and WHEREAS, said Mortgage creates a lien against the subject property; and WHEREAS, Youth Homes, Inc. has paid $20,625.00 of the amount owed the City; and WHEREAS, Youth Homes, Inc. has purchased property located on Waterfront Drive for a new facility and wishes to sell its property located at 402 South Linn Street; and WHEREAS, Youth Homes, Inc. has executed a new mortgage and promissory note creating a lien against the Waterfront Drive property for the balance due on the loan and the City can now release its lien on 402 South Linn Street. 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 affected property from an obligation of the Youth Homes, Inc., the property owner of 402 South Linn Street, Iowa City, Iowa, to pay to the City the principal amount of $37,500, which obligation was recorded in Book 998, Pages 30-31 of the Johnson County Recorder's Office. Passed and approved this 18t day of March 1994. MAYOR Approved by ATTEST: cLGt% U WY -CLERK City Attorney's Office 2- -2.5 -9y" marshab\402slin.res M LS; uo;JOw6OJyl x 11O61d x �jolnoN x uewga-j x Aggn)l zlimOJOH Jajeg- :IN3SEIV :SAVN :S3A`d :alarm aJayl Ileo IIoJ uodn pue 'paldope aq uoiInlosay ayl uoaaow8o;Igy Aq pepuooes pue �10ieoN Aq panow seen ;I Z abed 8S-46 'ON uohnlosaa RELEASE OF LIEN The City of Iowa City does hereby release the -following property: The West 91.7 feet of Lot 1, Block 19, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the plat thereof recorded in Book 1 and Book 2, Page 253, Deed Records of Johnson County, Iowa; subject to the easements and restrictions of record. from an obligation of Youth Homes, Inc., the property owner of 402 South Linn Street, Iowa City, Iowa, in the principal amount of $37,500 represented by a Mortgage recorded on April 18, 1988, in Book 998, Pages 30-31 in the Johnson County Recorder's Office. This obligation has been transferred to another property and the above-described property is hereby released, in full, from any liens or clouds upon title to the property by reason of said prior recorded documents. Attest: x� City Jerk STATE OF IOWA ) ) SS: JOHNSON COUNTY) CITY OF IOWA CITY By: ZL�2 11 Mayor l Approved by: )00 37V City Attorney's Office On this day of -AA4rr_. , 19qjtL , before me, .SarrlPag_ T�—, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. J!/-_ 5 $ adopted by the City Council on the /S= day of TAgr<, , 19�c_, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa ppdmhab\402e11n.re1 Sg 1 � i�5 a" RESOLUTION NO. cm -59 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE DRIVE RIVER TRAIL 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 22nd day of March, 1994. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 29th day of March, 1994, or at such later time and place as may then be fixed. Passed and approved this 1st day of March 1994. MAYOR Appro ed b ATTEST: CIT?-CLERK�� Ci Attorney's Office�� y/�i� pweng\rivertrl.res 5% Resolution No. 94-59 Page 2 It was moved by Knhh and seconded by adopted, and upon roll call there were: Pigott the Resolution be AYES: NAYS: ABSENT: X Baker -- Horowitz Kubby _x g Lehman g Novick g Pigott X Throgmorton 5� RESOLUTION NO. 94-60 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SAFETY IMPROVEMENT PROJECTS ALONG BURLINGTON STREET. WHEREAS, the Iowa Department of Transportation (IDOT) provides funding to municipalities to improve local traffic patterns through the Traffic Safety Improvement Program under Section 312.2, Code of Iowa (1993); and WHEREAS, the City has applied for traffic safety improvement funding in the amount of $71,800 for certain traffic improvements along Burlington Street from Madison Street to Gilbert Street; and WHEREAS, the City has negotiated an Agreement with [DOT, setting forth the terms and conditions for the use of said funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: 1. It is in the public interest of the City of Iowa City to enter into an agreement with the Iowa Department of Transportation for traffic safety improvement funding, in order to install new traffic controllers and an interconnect system at certain intersections in Iowa City, namely where Burlington Street intersects with Madison Street, Capitol Street, Clinton Street, Dubuque Street, Linn Street, and Gilbert Street. 2. The agreement between the City of Iowa City and the Iowa Department of Transporta- tion, attached hereto and incorporated by reference herein, is approved as to form and content. 3. The Mayor and City Clerk are hereby authorized to execute the agreement, and the City Clerk is directed to forward two executed agreements to the MOT for their execution, with one copy to be returned to the City Clerk. Passed and approved this Ist day of March 1994. MAYOR Approved by`%;��y�� (/ ATTEST:CLu�oJQ��✓ CIT CLERK Ci y Attorney's Office a/ate/rI� pw raflidotagt.res Resolution No. 94-60 Page 2 It was moved by Novick and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton am IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING RECIPIENT: City of Iowa City, Iowa PROJECT NO.: CS -TSF -3715(1)--85-52 AGREEMENT NO.: 94 -TS -014 This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient submitted an application to the DOT for funding through the Traffic Safety Improvement Program under Iowa Code Section 312.2(16) (1993), and the application was approved by Transportation Commission Order No. PR -94-55 on November 2, 1993. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT agrees to provide funding to the Recipient to aid in the development of a certain Traffic Safety Improvement project. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The Recipient shall be the lead local agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DOT and the Recipient's contact person. The DOT's contact person shall be the District 6 Engineer in Cedar Rapids, Iowa. The Recipient's contact person shall be the Iowa City Traffic Engineer. 3. The Recipient shall be responsible for the development and completion of the following described Traffic Safety Improvement project: The purchase of materials only, for the improvement of the traffic signal system at the intersections of Burlington Street and Madison, Capitol, Clinton, Dubuque, Linn, and Gilbert Streets. The improvement will include a MARC Master and 6 EPAC controllers with cabinets, 11 6 -section left -turn signal heads, conduit, conductor wire, etc., all as listed in Recipient's application. See Exhibit A. 4. Eligible project costs for the project described in paragraph 3 of this agreement which are incurred after the effective date of this agreement ._,$hal.) he paid from.Traffic Safety Improvement funds as listed below: Traffic Safety Improvement Funds: $ 71,800 5. The portion of the total project costs paid by Traffic Safety Improvement funds shall not exceed the amount stated above ($ 71,800) or Pau the total cost of the Traffic Safety Improvement eligible items, whichever is the smaller amount. 6. The project plans, specifications and engineer's cost estimate for site specific improvements and/or traffic control devices shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other contract documents for each division must be submitted at least thirty (30) days prior to the project letting of each division. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. 7. In the event that right-of-way is required for the project listed in paragraph 3 of this agreement, said right-of-way shall be acquired in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. Additionally, if said right-of- way is for an improvement to the Primary Road System, it shall be acquired in the name of the State of Iowa. 8. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy and/or Perform Work Within the Right -of -Way, Entrance/Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other construction permits required for the project. Neither the approval of the Traffic Safety Improvement application for funding nor the signing of this agreement shall be construed as approval of any required permit from the DOT. 9. The Recipient shall develop all site specific improvements using good engineering judgment. The Recipient shall use "A Policy on Geometric Design of Highways and Streets", (latest edition), by the American Association of State Highway and Transportation Officials and/or "The Manual on Uniform Traffic Control Devices for Streets and Highways", by the Federal Highway Administration, as a guide. 10. If this project requires the installation of or modification to a traffic control signal system, the Recipient shall be responsible for all future ownership, maintenance, and energy costs of said installation or modification. 11. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after letting. Additionally, for projects where Federal highway funds, Farm -to -Market funds, or other Federal funds are used to match Traffic Safety Improvement funds, the Recipient shall also follow all administrative and contracting procedures which would normally be used when such funds are used on a non -Traffic Safety Improvement project. The Recipient shall comply with all requirements for the use of said funds. 12. The Recipient shall certify to the DOT's contact person that all known environmental permits have been received and that all environmental regulations have been complied with before Traffic Safety Improvement funds are reimbursed or credited. 13. Project activities or costs eligible for Traffic Safety Improvement funding include only those items set out in Exhibit B which -is attached hereto and by this reference incorporated into this agreement. 14. Activities or costs ineligible for Traffic Safety Improvement funding include but are not limited to those items set out in Exhibit C which is attached hereto and by this reference incorporated into this agreement. 15. This agreement shall be considered to be in default if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations. 16. The Recipient shall initiate project activities in a timely manner. The proposed project completion date is August 1, 1994. If construction of the project has not been completed by this date, this agreement shall be considered to be in default. The Recipient may request the approval of the DOT to revise the completion date. The request must be in writing and be submitted thirty (30) days prior to the completion date as shown above. 17. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a professional engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been completed in substantial compliance with the terms of this agreement. 18. The DOT shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. 19. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of lbwa sndtl" certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Traffic Safety Improvement funds shall be made only after the DOT accepts the project as complete. MIN 20. The Recipient shall be responsible for the daily inspection of the project, and the compilation of a daily log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for Traffic Safety Improvement funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 21. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to Recipient by certified mail return receipt requested, to declare this agreement in default. The Recipient shall have thirty (30) days from date of mailing of notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or notice of continued default. 22. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of Traffic Safety Improvement funds granted by this agreement. 23. The Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. 24. The Recipient shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 601A (1993). No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives state funds from the DOT. 25. The Recipient shall use positive efforts to solicit bids from and to utilize minority, women and/or disadvantaged business enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit D which is attached hereto and by this reference incorporated into this agreement. 26. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. 27. This agreement is not assignable without the prior written consent of the DOT. 28. It is the intent of both parties that no third party beneficiaries be created by this agreement. (O 29. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A (1993). Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. 30. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 31. This agreement as set forth in paragraphs 1 through 31 herein, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 94 -TS -014 as of the date shown opposite its signature below. City of Iowa City: By: a"ICO Title: Date: March 1 , 19-9 I, Marian K. Karr , certify .that I am the Clerk of the City, and that Susan M. Horowitz , who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the 1st day of March , 19 94 Iowa Department Of Transportation R. Jdssee-P. E. Office of Isocal Systems Signed ,24,, ce 9f . �e� City Clerk bf Iowa City, Iowa Date: March 1 , 19 94 Date: 3 /z 7 , 19 / L App�ed eJ City Atteroommeeyy's Office z • m EXHIBIT B (Traffic Control Devices) Project activities or costs eligible for Traffic Safety Improvement funds include only the following: a. The cost of materials purchased for initial installation of traffic control devices or replacement of obsolete traffic control devices to comply with the applicable warrants in the Manual on Uniform Traffic Control Devices (MUTCD) adopted in 761 Iowa Administrative Code 130.1(321), shall be eligible for funding. EXHIBIT C (Traffic Control Devices) Activities and costs ineligible foi Traffic Safety Improvement funds include but are not limited to: a. Any and all costs incurred prior to Transportation Commission approval of funding. b. Maintenance or energy costs for traffic control devices or lighting. c. Installation costs. 6)U EXHIBIT D UTILIZATION OF MINORITY, WOMEN, AND/OR DISADVANTAGED BUSINESS ENTERPRISES ON THIRD -PARTY STATE ASSISTED PROJECTS In accordance with Iowa Code Section 19B.7 (1993) and 541 Iowa Administrative Code chapter 4, it is the policy of the DOT that Minority, Women and Disadvantaged Business Enterprises (MBE/WBE/DBEs) shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or in part with state funds. Under this policy it is the responsibility of Recipients receiving state funds to help finance projects to make a positive effort to solicit bids from and to utilize MBE/WBE/DBEs as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. The Recipient's "positive efforts" should include, but not be limited to: 1. Obtaining the names of qualified MBE/WBE/DBE contractors from the DOT's Office of Contracts and/or seek these contractors through advertising in general -circulation, trade association or minority -focused media. The Office of Contracts and the Iowa Department of Management shall determine whether contractors who respond to such advertisements qualify for MBE/WBE/DBE designation. 2. Notifying qualified MBE/WBE/DBEs of proposed projects involving State assisted funding. Notification should be made in sufficient time to allow the MBE/WBE/DBEs to participate effectively in the bidding process. 3. Soliciting bids from qualified MBE/WBE/DBEs on each project, and identifying for MBE/WBE/DBEs the availability of subcontract work. 4. Including in the bid proposals for State assisted projects, the "Contract Provisions for Specific Affirmative Action Responsibilities on Non -Federal Aid Projects (for Third -Party State Assisted projects)", or a similar specification developed by the recipient. 5. Ensuring that the awarded contractor has and shall follow the contract provisions. The Recipient is encouraged to establish gpa),a,.__, set -asides or percentages to achieve MBE/WBE/DBE participation in these projects. Contract goals may vary depending on the type of project, the project's sub -contractable items, the type of service or supplies needed for the project, and the availability of qualified MBE/WBE/DBEs in the area. (vO The Recipient shall agree to provide the DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any MBE/WBE/DBEs. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals noting established MBE/WBE/DBE goals, if any. 3. The dollar amount contracted to, subcontracted to, or supplied by qualified MBE/WBE/DBEs for the project or projects covered by this agreement. 4. The attached "Checklist and Certification" form shall be filled out upon completion of each project and forwarded to the DOT's Contact person. CHECKLIST AND CERTIFICATION OF THE UTILIZATION OF MINORITY, WOMEN, AND DISADVANTAGED BUSINESS ENTERPRISES ON THIRD -PARTY STATE ASSISTED PROJECTS COUNTY: PROJECT NUMBER: RECIPIENT: AGREEMENT NUMBER: 1. Were qualified MBE/WBE/DBE names obtained from Iowa DOT's Office of Contracts? If no, why not? 2. Were qualified MBE/WBE/DBEs notified of project? YES _ NO _ If yes, by letter _, telephone _, personal contact _ If no. why not? YES NO _ 3. Were bids solicited from qualified MBE/WBE/DBE's? YES _ NO If no, why not? 4. Was a goal, set-aside or percentage established for MBE/WBE/DBE participation? YES _ NO _ If yes, what was the goal or percentage? If no, why not? 5. Did the prime contractor use positive efforts to utilize MBE/WBE/DBE's on subcontracts? YES NO If no, what action was taken by Recipient? Is documentation in files? YES NO 6. What was the dollar amount reimbursed to the Recipient by the DOT? $ What was the final project cost? $ What was the dollar amount performed by MBE/WBE/DBE's? $ Was the goal or percentage achieved? YES NO If no, why not? --• - ---- _ I certify that the Recipient used positive efforts to utilize MBE/WBE/DBE's as participants in this project. Project Engineer Date RIQs a« RESOLUTION NO. 94-61 RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION. WHEREAS, in December, 1992, Craig Demmon, through his attorney, filed an action in the Iowa District Courtin and for Johnson County, seeking judgment from the City of Iowa City, and Iowa City employee Anthony Worrell, for damages he claims are the result of a vehicular accident; and WHEREAS, the City Council, in executive session, authorized the City Attorney to enter into negotiations with plaintiff to explore settlement possibilities, and the City Attorney has now recommended and settled the pending litigation as in the best interest of the City and the parties involved; and WHEREAS, it is appropriate to ratify said settlement , as provided by law, with payment to plaintiff Demmon in the amount of $45,000 in full satisfaction of any and all claims against the City or Anthony Worrell in the above case, in consideration for plaintiffs full release and dismissal of lawsuit, Docket No. 54570. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above-named action should be and is settled for the sum of $45,000, payable to Craig Demmon and his attorney of record, in full satisfaction of any and all claims arising out of the above lawsuit, Docket No. 54570; and BE IT FURTHER RESOLVED, that the City Council for the City of Iowa City, Iowa hereby specifically approves said settlement as being in the best interest of the City of Iowa City and ratify said settlement as provided by law; and BE IT FURTHER RESOLVED, that said settlement is hereby ratified, contingent, however, upon plaintiff Craig Demmon's execution of an appropriate Release and Dismissal with Prejudice, which shall be filed with the Clerk of Court for Johnson County District Court in the above action. Passed and approved this lstday of March ,1994. MAYOR c � ATTEST: ¢ ur1 :J 5f". 7� CI LERK Approved by: CMY ATTORNEY'S OFFICE — annebUdigatnldemm mms Resolution No. 94-61 Page 2 It was moved by Kubby and seconded by Throemorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton (0I 11� Pfs P,c RESOLUTION NO. 94-62 RESOLUTION APPROVING THE PURCHASE OF LABORATORY EQUIP- MENT AND AMENDING THE BUDGETED POSITIONS IN THE WASTEWATER TREATMENT DIVISION OF THE PUBLIC WORKS DEPARTMENT. WHEREAS, the Public Works Department has been spending about $48,000.00 annually for "outside" laboratory testing for the Wastewater and Solid Waste Divisions; and WHEREAS, the Department's dependence on "outside" laboratory testing has caused long delays in receiving results which are critical to the operation of the Department; and WHEREAS, price quotes in the amount of $103,153 have been received for laboratory equipment necessary to complete laboratory testing work "in house"; and WHEREAS, along with the laboratory equipment one additional treatment plant operator will be needed to most effectively complete the laboratory work; and WHEREAS, Resolution No. 93-54 adopted by the City Council on March 2, 1993 authorized permanent positions in the Public Works Department for FY94; and WHEREAS, the payback period for the laboratory equipment and additional personnel will be 5.2 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to streamline the testing procedures of the wastewater and solid waste operations of the Public Works Department, and one method is to purchase additional equipment and to hire one (1) additional employee to conduct said testing procedures. 2. The Public Works Department is hereby authorized to purchase the necessary lab equipment to minimize "outside" laboratory testing, obtain test results more quickly and operate City utilities more efficiently and safely. 3. The budgeted positions in the Wastewater Treatment Division of the Public Works Department are hereby amended by the addition of one Treatment Plant Operator position, AFSCME pay grade 10. Passed and approved this i cr day of rtarnh 1994. MAYOR —� /J A7;City;Attomey's ATTEST: Zz J 9( • � C, CI CLERK Office pwwateNabequip.res q/l.`/ 62 Resolution No. 94-62 Page 2 It was moved by Novick and seconded by Kubbv the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman v Novick x Pigott x Throgmorton RESOLUTION NO. 94-63 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE POLICE RECORDS DIVISION OF THE POLICE DEPARTMENT. WHEREAS, Resolution No. 93-54, adopted by the City Council on March 2, 1993, authorized permanent positions in the Department of Police for FY94; and WHEREAS, Resolution No. 93-108, adopted by the City Council on June 22, 1993, estab- lished a classification/compensation plan for Confidential/Administrative and Executive employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Police Records Division be amended by: 1. The deletion of one part-time (.50) Clerk Typist, AFSCME grade 4; and 2. The addition of one part-time (.50) Administrative Clerk Typist, Administrative/ Confidential grade 23. Passed and approved this 1st day of March 1994. L—�-- MAYOR Appr ved b�� ATTEST: CITY -CLERK tity Attorney's Office It was moved by Throgmorton and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: X X X X X X _X hrdata\pereowRpolice.res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 63 RESOLUTION NO. 94-64 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CENTER EXTERIOR REPAIRS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 29th day of March, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A 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. It was moved by Pigott and seconded by y,��3 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick v Pigott x Throgmorton Passed and approved this 8th day of Mnrrh , 1994. ATTEST: /�/ w«�r� pe 9S' CITY`�LERK pwenglsrc ntenms MAYOR Approved by __/fia� �� City Attorney's Office 3 - y. 9 � G+ RESOLUTION NO. 94-65 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR PROPERTY LOCATED AT 1703 G STREET, IOWA CITY, IOWA. WHEREAS, on April 8, 1992, the property owners of 1703 G Street, Iowa City, Iowa, executed a Promissory Note and a Mortgage to the City of Iowa City in the amount of $1,944 in exchange for a low-interest rehabilitation loan; and WHEREAS, said Promissory Note and Mortgage created a lien against the subject property; and WHEREAS, the balance due was paid in full on February 16, 1994. 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 affected property from an obligation of the property owners at 1703 G Street to pay to the City the principal amount of $1,944, which obligation was recorded in Book 1361, Pages 240-249 of the Johnson County Recorder's Office. Passed and approved this 8th day of March , 1994. );�. MAYOR Approved by ATTEST: CIV -CLERK City Attorney's Office X7_3 -9y It was moved by Pigott and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: X X X X X _X X ppdrehab\ 1703gst. res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton �5 RELEASE OF LIEN The City of Iowa City does hereby release the following property:. Beginning 76.7 feet east of the northwest corner of Lot 5 in Block 46, in East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, page 92, Plat Records of Johnson County, Iowa; thence south 100 feet; thence east to a point 14 feet west of the east line of Lot 6 in said Block 46; thence north 100 feet to a point on the north line.of said Lot 5, which point is 14 feet west of the northeast corner of said Lot 5; thence west to the point of beginning. from an obligation of the property owners of 1703 G Street to the City of Iowa City in the principal amount of $1,944 represented by a Promissory Note, a Rehabilitation Agreement and a Mortgage recorded in the Office of the Johnson County Recorder's Office on April 27, 1992, in Book 1361, Pages 240-249. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. Attest: a City lerk STATE OF IOWA ) SS: JOHNSON COUNTY) CITY OF IOWA CITY By: 1&4-4 J h Mayor Approved by: / City Attorney's Office On this 91+4 day of `N\Arcl„ , 19 94 , before me, S„dr�� Fc,,+- , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. 94--65 adopted by the City Council on the 7*k day of V<.Pek , 19 9-+_, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. So- r. 17. Notary Public in and for the State of Iowa ppdrehab\1703gst.rel W \ n r1r^-- V\ l RESOLUTION NO. g4-rf; RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING TWO PROMISSORY NOTES EXECUTED FOR PROPERTY LOCATED AT 502 THIRD AVENUE, IOWA CITY, IOWA. WHEREAS, on June 11, 1990, the property owner of 502 Third Avenue, Iowa City, Iowa, executed a Promissory Note to the City of Iowa City in the amount of 51,500.00 in exchange for Housing Rehabilitation Assistance; and WHEREAS, on July 18, 1990, the property owner executed a second Promissory Note to the City of Iowa City in the amount of $1,205.25 in exchange for additional assistance. WHEREAS, said Promissory Notes created liens against the subject property; and WHEREAS, the total amount due for both loans was paid in full on February 28, 1994. 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 affected property from an obligation of the property owner at 502 Third Avenue, Iowa City, Iowa, to pay to the City the principal amounts of $1,500 and $1,205.05, which obligations were recorded in Book 1137, Pages 163-164 and Book 1150, Pages 269-270, respectively, of the Johnson County Recorder's Office. Passed and approved this 8th day of march , 1994• ATTEST: CIT CLERK ppdrehab\5023rday. ree AYOR ' Approved by City Attorney's Offi 3- 3- 9y Mp Resolution No. 94-66 Page 2 It was moved by Pigott and seconded by Kubby the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: g Baker X Horowitz X Kubby -x Lehman x— Novick g Pigott g Throgmorton RELEASE OF LIEN The City of Iowa City does hereby release the following property: The South 50 feet of the following -described tract: Commencing at the northwest corner of Lot 9 in Block 19 in East Iowa City, Iowa, and thence North 100 feet, more or less, to the south line of A Street, thence in a southwesterly direction along the south line of A Street, thence in a southwesterly direction along the south line of A Street 150 feet, thence South 100 feet more or less to the Northeast corner of Lot 9 in Block 19 in East Iowa City, Iowa, thence in a northwesterly direction along the line of said Lot 9 in Block 19 in East Iowa City, Iowa, 150 feet to the pint of beginning, all being a portion of that strip of land covered in a deed from Frank O. Lowden, James E. Gowman, and Joseph B. Fleming, Trusteed of the Estate of the Chicago, Rock Island and Pacific Railway Company as trustees to Charles Alberhasky, said deed being dated January 10, 1940, and being recorded on January 30, 1940, in Book 155, at page 611 of the deed records of Johnson County, Iowa. from an obligation of the property owner of 502 Third Avenue to the City of Iowa City in the principal amount of $1,500 represented by a Promissory Note recorded in the Office of the Johnson County Recorder's Office on June 18, 1990, in Book 1137, Pages 163-164. The City further releases the above-described property from an obligation of the property owner in the principal amount of $1,205.05 represented by a Promissory Note recorded in the Office of the Johnson County Recorder's Office on July 25, 1990, in Book 1150, Pages 269-270. These obligations have been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. I Attest:��J .r% City STATE OF IOWA ) ) SS: JOHNSON COUNTY ) CITY OF IOWA CITY / Mayor �t-- Approved by: City Attorney's Office 2- 3-9y On this ��= day of 19�, before me, Sorclr,,&_ Yor% a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. `7�/ - 4o(o adopted by the City Council on the Y 1'h day of tApL,ck , 19 94 , and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Sondnuyi$ Notary Public in and for the State of Iowa ppdmhab\5033rday.re1 RESOLUTION NO. 94-67 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A DRAINAGEWAY AND STORMWATER STORAGE EASEMENT LOCATED ON LOT 44, FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA AND TO EXECUTE NEW DRAINAGEWAY AND STORMWATER STORAGE AREA AND NEW STORM SEWER AND DRAINAGE EASEMENTS FOR THAT PROPERTY. WHEREAS, the City possesses a drainageway and stormwater storage easement on Lot 44, First and Rochester, Part One, Iowa City, Iowa; and WHEREAS, in order to increase the buildable area of the lot, the owner, Plum Grove Acres, Inc., requested the City to release the easement designated and legally described on the plat attached to the Release as Exhibit A and incorporated by this reference; and WHEREAS, the owner has agreed to provide the City with a new drainageway and stormwater storage easement covering a smaller area; and WHEREAS, the City does not require the additional area included in the original easement; and WHEREAS, a 20 foot wide storm sewer and drainage easement is required over a portion of Lot 44 but was inadvertently omitted during the platting process; and WHEREAS, the owner has agreed to provide the required easement; and WHEREAS, the City Engineer requires an updated plat for their files; and WHEREAS, it is the City's policy that if developers request repositioning of easements, their engineer must revise the mylar of the original plat to remove the existing easement and incorporate the new easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the attached Release of Drainageway and Stormwater Storage Easement. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Drainageway and Stormwater Storage Easement Agreement. 3. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Storm Sewer and Drainage Easement. Res. No. 94-67. Page 2 4. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached Release, Drainageway and Stormwater Storage Easement Agreement, and Storm Sewer and Drainage Easement Agreement. The Clerk is directed to release the documents for recording only after the City Engineer notifies her that owner's engineer has revised the mylar of the Final Plat for First & Rochester, Part One, removing the released easement and incorporating the new easements. It was moved by Pigott and seconded by xubby the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 8th day of March 1994. ATTEST. J -7P 7ewc + CITY CLERK Approved by City Attorney's Office 3_--P-Sr n:VnamhabUot44.= Mi RELEASE OF DRAINAGEWAY AND STORMWATER STORAGE EASEMENT The City of Iowa City, Iowa, does hereby release the property designated "Drainageway Easement Area and Stormwater Storage Easement Vacated" and legally described on the Plat attached hereto as Exhibit A and incorporated by this reference, from a lien or cloud upon the title placed thereon by a drainageway and stormwater storage easement granted to the City. This easement is originally shown on the Final Plat of First and Rochester, Part One, Iowa City, Iowa, which is recorded in Plat Book 23, Page 78 of the records of the Johnson County Recorder's Office. Said easement is hereby released. The City retains all other easements shown on said final plat not released by this document. CITY OF IOWA CITY, IOWA BY: .dcva-A %,. 5— Susan M. Horowitz, Mayor Attest:Zap ti, 9S"• 7f�t-� Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) 4! On this 4 day of March, 1994 before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly swom, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. SSae 7e& Notary Public in and for the State of Iowa EXHIBIT A T,Tw/C Z ,`� PO/Nr of Br6/NN/NG e a a ,'. leo. oo• 0 6 • /ls.ao• V Cr+ /91.19' c•r. e..Ne. Nar•arJ9-c 11lLEM W. W:: , Yl emay 10. IEEE UIIa I certify that during the month of March, 1993, at the direction of Bruce Glasgow, a survey was made under my supervision, of the tract of land platted hereon and the boundaries of said tract are as follows: Commencing at the Northwest Comer of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence S00602'26'W, along the West Lot Line of Lot 38, First and Rochester, Part One, Iowa City, Iowa, according to the recorded plat thereof, 90.00 feet; Thence N89e23'13'E, 287.78 feet, to a Point on the Westerly Lot Line of Lot 44 of said First and Rochester, Part One and being the Point of Beginning of the Drainageway Easement Area and Stonnwater Storage Easement to be vacated; Thence N89e23'13'E, 262.25 feet, to a Point on the Edsterly line of said Lot 44; Thence SOOe02'26'W, along the said Easterly line,147.76 feet, to the Southeasterly Comer of said Lot 44; Thence S9403325", along the Southerly line of said Lot 44, 345.17 feet, to the Southwesterly Comer of said Lot 44: Thence Northeasterly, along the Westerly tine of said Lot 44; 196.00 feet, along a 780.00 foot radius curve, concave Northwesterly, whose 195.49 foot chord bears N24e37'59'E, to the Point of Beginning. Said tract of land contains 47,768 square feet, more or less, and is subject to easements and restrictions of record. I further certify that the plat as shown is a correct representation of the survey and all comers are marked as indicated. Robert D. MickelB LS. IA. Reg. No. 7036,-G;t" . My Biennial Reg' don expires December 31, 19 4LI Signed befo a this day, of �4- 19_9q-. Notary Public, in & for the Stalt of Iowa i p-(gl(rw(.i tnKr hill ORq/NFGrN.IY EgJrvIJ,rN> R.lF /.+NGFM MMS CONTS. INC. .•nrnm IMK, rnwo $row/+.wirr� .STARAe! LrNar/A!M tSaCFrco e -He-. m' I.a rl••, '. W rf' [ Iff1[t1 [oT 64, Fi,faT ANO ReWlSTrA, NI IOWA CITY • IOWA o -.--ulv iK. ., •n PART ONc IOWA C/rr• /o+vF 319-351-5555 MIL SULL E r. K,. wv M¢ ° RGS n ems 4-Zo-93 /" • /00' ?/4 I"� 101-142 601 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT This Agreement is made by and between Plum Grove Acres, Inc., an Iowa corporation, (hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, an easement for purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer and drainage lines, pipes, mains and conduits as the City shall from time to time elect for conveying storm water together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the premises designated 20 Foot Wide Storm Sewer and Drainage Easement and legally described on the plat attached hereto as Exhibit A and incorporated by this reference (hereinafter "easement area"). Owner further grants to the City the following rights in connection with the easement: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to the water main, storm sewer and/or sanitary sewer lines, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance rights by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and Contract Purchaser shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement area; or substantially add to the ground cover of said easement area. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue in this easement. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said (01 improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion, and until acceptance by the City , as provided by law. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. SIGNED this STATE OF IOWA JOHNSON COUNTY 15 day of March )SS: 1994. PLUM GROVE ACRES, INC. BY: /L' Bruce R.2asgow, Presid Frank Boyd, Secretary CITY OF IOWA CITY, IOWA BY: Sq,gan M. Horowitz, Mayor BY: -71%7Cz4,-) -/ Marian It. Karr, City Clerk On this 15 day of March 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Bruce R. Glasgo�nd Frank Boyd , to me personally known, who being by me duly sworn did say that they are the precicipnr And Secretary _ of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Bruce R. Glasgow and Frank Boyd as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. uv WRES *17. 19W K� Aj NotAry Public in and for th State of Iowa LW STATE OF IOWA ) SS: JOHNSON COUNTY ) On this _Z5.::: -day of 7cr c ti 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly swom, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa poll I certify that during the month of January, 1994, at the direction of Bruce Glasgow, a survey was made under my supervision of the tract of land platted hereon, the boundaries of which are described as FoLLows- Commencing at the Northwest Corner of Section 12, Township 79 North, Range 6 West of the 5th Principal Meridiani Thence S00'02'26'W, along the West Line of Lot 38, First and Rochester Part One, Iowa City, Iowa, according to the w recorded plat thereof, 90.00 feet; Thence N89.23'13'E, 287.78 feet to a Point 5 on the Westerly Line of Lot 44 of said First and Rochester Part One; Thence o W m Southwesterly along said Westerly line of Lot 44, 196.00 feet on a 3:a: 780.00 foot radius curve, concave Northwesterly, whose 195.49 foot chord bears o S24.37'59'W, to the Southwest Corner of said Lot 44; Thence N84'33'25'E, along the 3 o South line of said Lot 44, 345.17 feet to the Southeast Corner thereof; —n - Thence S > N00'02'26'E, along the East line of said Lot 44, 28.22 feet; Thence a N89'57'34'W, 10.00 feet to the Point of Beginning; Thence N89.57'34'W, 20.00 a feet; Thence N00'02'26'E, 226.30 feet to a point on the South Right -of -Way Line of Hickory Trail; Thence Southeasterly along said Right -of -Way line 20.25 feet, on a 375.00 foot radius curve, concave Northeasterly, whose 20.25 foot chord bears S81'01'24'E; Thence S00'02'26'W, 223.15 feet to the Point of Beginning. Said tract of Land contains 4,493 square feet, c more or Less, and is subject to easements and restrictions of record. °^'• I further certify that the plat as shown is a correct representation of the survey and all coi rs are marked as i dicated. 7 ry Q G —l0 Robert D. Mickelson L.S. IA. Reg. No. 7036 My Biennial Registra ion expires December 31, 19�l . Signed before th' day of aW' 19. Notary Public, 1-79 B, for th State of Iowa. 03'05'37" R = 375.00' .4G•` (',� = T = 10.13' z :k' _ F = L = 20.25' O _ HICK pR CH = 20.25' NORTH = %i Y TRAIL CHB = S 81'01'24" E -4 `�. W "" NOR THWEST CORNER �°a,�,',� SURVEV��`��``I SECTION 12, T79N-R6W z 5th P.M. / 2 (V O l,t/ M ++ 10.00' O N N 89'23'13" E 20' WIDE 287 78' u� STORM SEWER ly AND DRAINAGE Y` �O EASEMENT N S 00'02'26" W A = 14'23'51"�O o I 223.15' R = 780.00' Cl) T = 98.52' �. Z N 89'57'34" W L = 196.00' N 89'57'34" W 1. ; 10.00' CH = 195.49' 20.00' 1 N 00'02'26" E CHB = S 24'37'59" W 411 / 28.22' N 84'33'25" E / 345.17' POINT BEGINNING %RWY amwi uwmm xantz BY: A GOVERNMENTCORNER O PROPERTY CORNER FOUND lu'20' Storrs Sewer & Drainage Easement • s/B- X EbSTNC FSE+ CAP LOT 44, FIRST & ROCHESTER PART ONE PROPERTY UNE IOWA CITY, IOWA 82/18/94 IrN DAM II"c CMS P RDM I? 02/11/94 1 1'=100' EXHIBIT A MMS CONSULTANTS, INC. Iowa City, Iowa 319-351-8282 316 I? 101-142 DRAINAGEWAY AND STORMWATER STORAGE EASEMENT AGREEMENT This Agreement is made by and between Plum Grove Acres, Inc., an Iowa corporation, (hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, an easement for purposes of excavating for and the installation, replacement, maintenance and use of such drainageway lines, pipes, mains and conduits and such other facilities as the City shall from time to time elect for conveying and storing storm water together with all necessary appliances and fittings for use in connection with said lines and facilities and adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the premises designated and legally described on the plat attached hereto as Exhibit A and incorporated by this reference (hereinafter "easement area"). Owner further grants to the City the following rights in connection with the easement: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to the water main, storm sewer and/or sanitary sewer lines, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance rights by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and Contract Purchaser shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement area; or substantially add to the ground cover of said easement area. Owner shall maintain the area surrounding the easement areas free from weeds and debris; shall in no event fill or permit the storm water storage area to be filled in; and Owner also agrees to maintain its land so as to minimize erosion in and around said easement areas. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. 6q Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue in this easement. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion, and until acceptance by the City , as provided by law. Owner further agrees that its engineer shall promptly, upon approval of this Agreement, revise the mylar drawing of First & Rochester, Part One, which is on file in the City Engineer's Office to show the new easement and remove the original easement released by the City in conjunction with the execution of this Agreement. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. SIGNED this - day of 1 I lQliA& . 1994. PLUM GROVE A RES, IN/�C. Q,Q BY: Ccc 1 • B ce R. Glasgow, Presid t B ; Frank Boyd, Secretary �. CITY OF IOWA CITY, IOWA BY: r Su n M. Horowitz, Mayor BY: Marian K. Karr, City Clerk Gr] STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this 15 day of March 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Bruce R. Glasgooand Frank Boyd , to me personally known, who being by me duly sworn did say that they are the President and Secretary of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Bruce R. Glasgow and Frank Boyd as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. y D.L CHELF . F NY mmmissspN STIRES STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notary Public in and for th tate of Iowa On this PJ day of `ITker-A , 1994 before me, the undersigned, 'a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly swom, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. C =4- � Notary Public in and for the State of Iowa - W EXHIBIT A I I NWC*R. She. /2, rJ9M RLM Of rNE 1 N Y N69.23_/9^ G--2e7.�a' N O OOI Pe/wr Or yl BEG/wN/NG hA F,4. W a bOa o•/9'//' MMS CONSULTANTS. INC. p-OIYf,m(Ft [OR9P ia.VRW@I,w LORNR STOR /r1WR/ER SrORwGC NSC/RCNr M O R,>aa. p,OELt GOr ¢Q f/RST /JNO %rOCRCSTC R, f o5/Bi 5 L� I�1 91I +9 " s e' L, M. 1111E QgRr d,, /OWA G/r/ /OWA G• O. 10 oiiL 6A16 . , /^_ N S/ J•35'Io^W N -- _--S66 _oo'o/^E eco_/g• ------ V R, 260.00' N26.4J`33"E W O ALLEN 1, WOLF i Yt CCHNISSIC� E]JMrs Mq 10, 1996 I certify that during the month of March, 1993, at the direction of Bruce Glasgow, a survey was made under my supervision, of the tract of land platted hereon and the boundaries of said tract are as follows: Commencing at the Northwest Comer of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence S00002'26°W, along the West Lot Line of Lot 38, First and Rochester, Part One, Iowa City, Iowa, according to the recorded plat thereof, 90.00 feel; Thence N89°23'13'E, 287.78 feet, to a Point on the Westerly Lot Line of Lot 44 of said First and Rochester, Part One; Thence Southwesterly, along said Westerly line of Lot 44, 4.35 feet, along a 780.00 foot maws curve, concave Northwesterly, whose 4.35 foot chord bears S17035'40°W, to the Point of Beginning of the Drainageway Easement Area and Stonnwater Storage Easement; Thence S86000'01°E, 264.18 feet, to a Point on the Easterly line of said Lot 44; Thence S00002'26=W, along the said Easterly line, 122.38 feet, to the Southeasterly Comer of said Lot 44; Thence S84033'25'W, along the Southerly line of said Lot 44, 345.17 feet, to the Southwesterly Comer of said Lot 44: Thence Northeasterly, along the Westerly line of said Lot 44; 191.65 feet, along a 780.00 foot radius curve, concave Northwesterly, whose 191.17 foot chord bears N24047'35'E, to the Point of Beginning. Said tract of land contains 43,881 square feet, more or less, and is subject to easements and restrictions of record. I further certify that the plat as shown is a correct representation of the survey and all comers are marked as indicated. .......... Robert D. Mickelson, LS IA. Reg. No. 7036 My Biennial Registraliciaexpires December 31, 19? Signed before me lhi5�-day^ of Public, in & 193�L 9 700 i v.PW� Khu—LI 94Et DRp/NRGEwee EASE/nCNT %%RCR AN0 MMS CONSULTANTS. INC. p-OIYf,m(Ft [OR9P ia.VRW@I,w LORNR STOR /r1WR/ER SrORwGC NSC/RCNr M O IOWA CITY IOWA p,OELt GOr ¢Q f/RST /JNO %rOCRCSTC R, f o5/Bi 5 L� I�1 91I +9 " s ]19-J51-0283 0 �•-f91P194 RPL! 1111E QgRr d,, /OWA G/r/ /OWA ueWIE SfAE oiiL RtS e� 3, CR)S 4"20"93 /^_ b J The City Council of Iowa City, Iowa, met in Suecial session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at _7;30 o'clock P .M., on the above date. There were present Mayor Horowitz , in the chair, and the following named Council Members: Absent: :lone me un.ens. mom DORVEH.en. envna. S&= & ,vasEL Fr— At cAt RNMATuW e[srmeMIOWA W1 Council Member Raker introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $6,940,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member T.ehman seconded the motion to adopt. The roll was called and the vote was, .. "MMMEMMMUM M NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Res. No. 94-68 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $6,940,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $6,940,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock P.M., on the 29th day of MARCH , 1994, for the purpose of taking action on the matter of the issuance of $6,940,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the construction, reconstruction and repairing of street improvements; the construction, -2- AHLERS. COOREI4 DORWEII M HAY M SHM & ALLBEE. W- AT RM[ STEAM O98N01Ntl10MA (o 7 reconstruction, extension, improvement and equipping of storm and sanitary sewers, including sewage treatment plant improvements and construction of storm water detention facilities; the acquisition, construction, reconstruction, improvement, repair and equipping of waterworks and extensions, and real and personal property, useful for providing potable water to city residents, including water treatment plant acquisition and design; and the rehabilitation and improvement of existing city parks. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- ^m "S,rtuw euMVWZ&I wA by NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $6,940,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF. PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 29th day of March, 1994, at 7:30 o'clock p.m., in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $6,940,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction and repairing of street improve- ments; the construction, reconstruction, exten- sion, improvement and equipping of storm and sanitary sewers, including sewage treatment plant improvements and construction of storm water detention facilities; the acquisition, construction, reconstruction, improvement, repair and equip- ping of waterworks and extensions, and real and personal property, useful for providing potable water to city residents, including water treatment plant acquisition and design; and the rehabilita- tion and improvement of existing city parks. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by the order of the Council of Iowa City. Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 14th day of March, 1994. ity Clerk of Iowa City, Iowa finadm\gob.npm M0 1994. PASSED AND APPROVED this Rrh day of March M or ATTEST: /.__ci. i u ii c1O714032mvO3O1918 -5- AHLERS, COONEY, DORWEILER. HAYNIE, SMrrH & ALLBEE, PL ATTONN"SAT"W 065YOIN62.I0WA 67 CIG -3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 8th day of March , 1994. SEAL c10714030=0301919 City Clerk, Iowa City, Iowa AHLERS. MONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. ATT09N"SATL W 099MOIN99.I0WA (X�` I pfq �K RESOLUTION NO. 94-69 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1995. WHEREAS, public hearings were held on March 1 and 8, 1994, at their regular and special Council meetings respectively, and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual budget for the fiscal year ending June 30, 1995, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates; appropriation expenditures; and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 8th day of march , 1994. Approved by City Attorney's Office It was moved by Thrngmnrtnn and seconded by v; gots the Resolution be adopted, and upon roll call there were: AYES: v x X X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton finadmlannlbdgLres 67 7 RESOLUTION NO. Q4 -7n RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 1995 THROUGH 1997 AND THE SEVEN YEAR CAPITAL IMPROVEMENTS PROGRAM. WHEREAS, the City Council of the City of Iowa City, deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a seven-year Capital Improvements Program; and WHEREAS, the three-year Financial Plan and seven-year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, public hearings were held on March 1 and 8, 1994, at their regular and special Council meetings respectively, and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 1995 through 1997 and the seven-year Capital Improvements Program. 2. This Resolution is an expression of the Council's legislative intent for planning future operations and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 8th day of march , 1994. ATTEST: --LJ CITY LERK Approved by Ci Attorney's Office It was moved by -_1-: - -Novirk and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton a:finadm\finplan.res 7d RESOLUTION NO. 94-71 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT. WHEREAS, Resolution No. 93-54, adopted by the City Council on March 2, 1993, authorized permanent positions in the Water Division for FY94; and WHEREAS, the need for an additional Treatment Plant Operator can be accomplished through changing an existing vacant position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Water Division be amended by: 1. The deletion of one full-time Maintenance Worker III - Water, AFSCME grade 10; and 2. The addition of one full-time Treatment Plant Operator - Water, AFSCME grade 9. Passed and approved this 8th day of March 1994• MAYOR Approved by ' -L ATTEST: CITY -CLERK City Attorney's Office3/3/Q� It was moved byand seconded by adopted, and upon roll ca I there were: AYES: X X X X X hrdata\pemonnhwater.m NAYS: Lehman the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 7! RESOLUTION NO. 94-72 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, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following - named persons and firms to sell cigarettes: City News and Books — 113 Iowa Avenue It was moved by Kubby and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: X X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 29th day of march 19 94 MAYOR Approved by ATTEST:=? 9� O ' CITY CLERK 4ity Atiorney's Office clerk\cigpermt.res _ !�� 7Z RESOLUTION NO. 94-73 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROHRET ROAD PEDESTRIAN BRIDGES PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 12th day of April, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A 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. It was moved by Kubbv and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott _ x Throgmorton Passed and approved this 29th day of March 1994. M OR -yy y ved ATTEST: / CI CLERK Ci Attorney's Office3/���9 pw ngkrohmW.res 13 R�s -ap-. RESOLUTION NO. 94-74 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL LEACHATE CONTROL SYSTEM PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . 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 12th day of April, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. 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 29th day of March , 1994. MAYOR ZAyed by y- ATTEST: CITY -CLERK ity Attorney's Office 3 J) y It was moved by Kubbv and seconded by r Phmnn the Resolution be adopted, and upon roll call there were: AYES: X X X X X pweng\hwy6.res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton (4 l= RESOLUTION NO. 94-75 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PRIMARY ROAD SYSTEM PROJECT NO. STP -6-7(42)--2C-52 (HIGHWAY 6 WEST), DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 12th day of April, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. 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 29th day of Mnrrh r 1994• ATTEST: J CIT`' -CLERK X. 4e=:21 MAXOR Appr ved by ty Attorney's Office It was moved byand seconded by adopted, and upon roll call t ere were: pweng\hwy6west.res AYES: NAYS: Lehman the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton r)5 RESOLUTION NO. qt. -7r RESOLUTION ADOPTING SUPPLEMENT NUMBER 63 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, Sterling Codifiers, Incorporated has prepared the 63rd supplement to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 63 by resolution as a part of the said Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number r -A— to the Code of Ordinances of the City of Iowa City, Iowa attached to this Resolution as Exhibit A, and by this reference made a part hereof, is officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Knhh;Z and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 29th day of march , 1994 . ATTEST: / /Qi co of W . ifo� CITY -CLERK clerk\cadeord.ree MAYOR App ove by Oty Attorney's Office RESOLUTION NO. 94-77 RESOLUTION TEMPORARILY RESCINDING PORTIONS OF THE 8-5, MONDAY THROUGH FRIDAY PARKING PROHIBITION ON THE SOUTH SIDE OF GLENDALE ROAD AND ON THE SOUTH AND WEST SIDES OF MORNINGSIDE DRIVE. WHEREAS, a No Parking 8 a.m.-5 p.m. Monday through Friday parking prohibition was installed on the south side of Glendale Road from its intersection with Ashwood Drive to its intersection with Heather Court in August of 1993 following a mailout questionnaire; and WHEREAS, a No Parking 8 a.m.-5 p.m. Monday through Friday parking prohibition was installed on the south and west sides of Morningside Drive from its intersection with Seventh Avenue to its intersection with College Street in November of 1993 following a mailout questionnaire; and WHEREAS, Iowa City City High School has undertaken a construction project on its campus which has severely restricted on -campus parking for its students; and WHEREAS, the City High students have sought relief by seeking off -campus, on -street parking in the neighborhood of City High School; and WHEREAS, the Iowa City School Board has requested the Iowa City City Council to consider a temporary abatement of the parking prohibitions noted above; and WHEREAS, the residents of Morningside Drive and Glendale Road, in a spirit of cooperation, have come forward and communicated to the City Council by letter their desire to make some accommodations by altering the parking prohibitions noted above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Traffic Engineering Division shall alter the postings on the south side of Morningside Drive so as to permit parking on the south side of Morningside Drive at all times from the intersection of Morningside Drive and Seventh Avenue east to a point 145 feet east of the intersection of Morningside Drive and Lowell Street. 2. The Traffic Engineering Division shall alter the postings on the south side of Glendale Road so as to permit parking at all times on the south side of Glendale Road from its intersection with Ashwood Drive to its intersection with Heather Court, with the exception of a space 150 feet both east and west of the sidewalk leading from Glendale Road to the City High campus. 3. On the day immediately following the last day of classes of the 1993-1994 school year at City High, the City Traffic Engineering Division is directed to restore the parking prohibitions, both on Morningside Drive and on Glendale Road. -77 Resolution No. 94-77 Page 2 Passed and approved this 29th day of March 1994. r�AYOR Approved by ATTEST: CITY -CLERK City Attorneys Office �oZ3/ jam% pwtraAmscproh.res Resolution No. 94-77 Page q It was moved by Kubbv and seconded by Throemorton the Resolution be adopted, and upon rollr call there were: AYES: NAYS: ABSENT: g Baker g Horowitz X Kubby Lehman X Novick _x Pigott g Throgmorton qes l3 /L RESOLUTION NO. 94-78 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALNUT RIDGE, PARTS 5-9, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development Co., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Walnut Ridge, Parts 5-9; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval subject to resolution of the secondary access issue; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Walnut Ridge, Parts 5-9, Iowa City, Iowa, is hereby approved with the requirements of Chapter 32, Article III, of the Code of Ordinances of the City of Iowa City, Iowa, modified to waive the requirement for public sidewalks along Shagbark Court, Burr Oak Court, Sumac Court, Chestnut Court, Alder Court and Ironwood Court and one side of Kennedy Parkway. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval bylaw. Passed and approved this 29th day of March 1994. ATTEST: ,,-&�� ��� C;TY-CLERK MAYOR Approved by City Attorney's Office/ 3-aS-9y It was moved by Nov k and seconded by Rakar the Resolution be adopted, and upon roll call there were: ppdadm1n%wa1nt5-9.= AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott Throgmorton RESOLUTION NO. 94-79 RESOLUTION APPROVING FINAL PLAT OF WALNUT RIDGE, PART 5, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development Co., filed with the City Clerk the final plat of Walnut Ridge, Part 5, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southwest Corner of the Southeast Quarter of the Fractional Southwest Quarter, of Section 7, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N00123'09"E (a recorded bearing), along the West Line of the East One -Half, of the Fractional West One -Half, of said Section 7, 2315.58 feet, to the Northwest Corner of Lot 39, of Walnut Ridge, Part Four, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 20, of the Records of the Johnson County Recorder's Office, and the Point of Beginning, Thence continuing N00123'09"E, along said West Line, 666.03 feet; Thence North 69°05'17"E, 491.81 feet; Thence N81 020'49"E, 239.43 feet; Thence S78 °39'30"E, 443.62 feet; Thence S83138'1 9"E, 60.08 feet; Thence S89137'06"E, 129.48 feet, to a Point on the East Line of said East One -Half, of the Fractional West One -Half, of Section 7; Thence S00022'54"W, along said East Line, 447.87 feet, to the Northeast Corner of Outlot "H," of said Walnut Ridge, Part Four, Thence S73032'25"W, along the North Line of said Walnut Ridge, Part Four, 239.51 feet; Thence S1 6127'35"E, along said North Line, 55.49 feet; Thence S73132'25"W, along said North Line, 161.46 feet; Thence N78°15'03"W, along said North Line, 235.85 feet; Thence N04157'17"E, along said North Line, 89.48 feet; Thence S67° 17'52"W, along said North Line, 791.07 feet, to the Point of Beginning. Said Tract of Land contains 18.64 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. 9� Resolution No. 94-79 Page 2 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 29th day of March , 1994• ATTEST: &at1-+ 2e - CITY .CIT CLERK . MAYOR Approved by a -Lo O- Opt �w City Attorney's Off 3_ay-9y It was moved by Lehman and seconded by Nnyi rlr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker _X X Horowitz X Kubby X Lehman X Novick Pigott X Throgmorton ppdadm1n%wa1mR5.= r�9 a RESOLUTION NO. 94-8o RESOLUTION APPROVING THE PRELIMINARY PLAT OF SCOTT'S FOURTH ADDITION, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Dean Oakes, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Scott's Fourth Addition; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval, subject to access restrictions to the adjacent frontage road; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Scott's Fourth Addition, Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 99,b day of XQral; , 1994. ATTEST: 9[�r v✓ CITY CLERK MAYOR Approved by City Attorney's Office 3 -a5 -9y It was moved by Kubby and seconded by Pi gr,rr the Resolution be adopted, and upon roll call there were: ppdadmin1scott4th.M AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton is 'NI /�-: 6' /L RESOLUTION NO. 94-81 i RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CENTER EXTERIOR REPAIRS 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 19th day of April, 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 26th day of April, 1994, or at such later time and place as may then be fixed. Passed and approved this 29th day of ATTEST:' CIT CLERK pweng\screpair.res AYOR 1994. Approved by ity Attorney's Office 3/'2 / v Resolution No. e4—a1 Page 2 It was moved by Kubby and seconded by Lehman the Resolution be adopted, and upon roR call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton N. qe5 6'e RESOLUTION NO. 94-82 RESOLUTION AUTHORIZING THE FILING OF A REQUEST WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY95 IOWA DOT STATE TRANSIT ASSISTANCE. WHEREAS, the City of Iowa City has undertaken to provide its residents with a public transit system; and WHEREAS, the Iowa Department of Transportation offers financial assistance to local governmental units for their public transportation systems; and WHEREAS, an application has been prepared requesting 3.3986% of formula operating funds and $12,500 in special project funding from the Iowa DOT State Transit Assistance program; and WHEREAS, if authority is received from the Iowa Department of Transportation, the City will also apply for approximately $298,214 in operating funds from the Section 9 and $1,977,045 from the Section 3, 9 or Congestion Management Air Quality (CMAQ) programs of the Federal Transit Administration and U.S. Department of Transportation for FY95 capital projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The City Manager is authorized to execute and file the required documents to apply for FY95 Iowa Department of Transportation State Transit Assistance. 2. The Johnson County Council of Governments is authorized to file any additional information required by the Iowa Department of Transportation. The City Manager is authorized to execute, on behalf of the City of Iowa City, any necessary contract documents with the Iowa Department of Transportation. Passed and approved this 29rh day of ATTEST:iCITYCL �l 51'� fy95sfa\sta-res.1c ->.h . MAYOR 1994. Approvedy City Attorney's Office M Resolution No. 94-82 Page 2 It was moved by Novick and seconded by Throemorton the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Pr-. -�k March 29 , 1994 The City Council of Iowa City, Iowa, met in re9 ular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:3p o'clock p_.M., on the above date. There were present Mayor Horowitz in the chair, and the following named Council Members: Absent: Nnna -1- AHUM CDONEY. BORWEH.ER HAYNIL SWM & ALLBEE. M ^T ORM[ SAV"W 0{6NOIN[;IOWA DM The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of $6,940,000 General Obligation Bonds in order to provide funds to pay costs of the construction, reconstruction and repairing of street improvements; the construction, reconstruction, extension, improvement and equipping of storm and sanitary sewers, including sewage treatment plant improvements and construction of storm water detention facilities; the acquisition, construction, reconstruction, improvement, repair and equipping of waterworks and extensions, and real and personal property, useful for providing potable water to city residents, including water treatment plant acquisition and design; and the rehabilitation and improvement of existing city parks, an essential corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions of Section 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the issuance of said bonds. The Clerk advised the Mayor and the Council that no* written objections had been filed. The Mayor then called for oral objections to the issuance of said bonds and none were made. whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) * one written letter of support was received -2- ULM 0 M.WY. MUM& M"M SWM & ALUM M AT CXN"SAr IAM 06lr01N9&10MA f The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council MemberThrogmorton introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $6,940,000 GENERAL OBLIGATION BONDS", and moved: LiL/ that the Resolution be adopted. L/ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M. on the day of , 1994, at this place. Council Member Novick seconded the motion. The roll was called and the vote was, AYES: Horowitz, Kubbv, Lehman, Novick, Pigott Throgmorton, Baker NAYS.- Whereupon, AYS: Whereupon, the Mayor declared the measure duly adopted. RES. 94-83 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $6,940,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $6,940,000 General Obligation Bonds for the essential corporate purpose of paying costs of the construction, reconstruction and repairing of street improvements; the construction, reconstruction, extension, improvement and equipping of storm and sanitary sewers,.including sewage treatment plant improvements and construction of storm water detention facilities; the acquisition, construction, reconstruction, improvement, repair and equipping of waterworks and extensions, and real and personal property, useful for providing potable water to city residents, including water treatment plant acquisition and design; and the rehabilitation and improvement of existing city parks, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following -3- AHLERS. COONB'L DORWEILER. HAYNIE. SHIM 3 ALLBEE. PL ♦TTO NN[,I AT LAW O!! YOIM(A IONA action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute pro- ceedings and takes additional action for the sale and issuance in the manner required by law of $6,940,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 29th day of March 1994. ATTEST: M yor sN AHLERS COONEY. DORWEILER, HAYNIE. SMITH & ALLBEE. P.C. AI ONNEr9ATuW OKSMoIN[3.10wA R, -'�, z - Council Member Novirk introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,370,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Pigott seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz NAYS: Whereupon, the Mayor declared said Resolution duly adopted as follows: RES. 94-84 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,370,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the construction, reconstruction and repairing of street improvements; the construction, reconstruction, extension, improvement and equipping of storm and sanitary sewers, including sewage treatment plant improvements and construction of storm water detention facilities; the acquisition, construction, reconstruction, improvement, repair and equipping of waterworks and extensions, and real and personal property, useful for providing potable water to city residents, including water treatment plant acquisition and design; and the rehabilitation and improvement of existing city parks, an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $6,940,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, the City is in need of funds to pay costs of reconstructing and improving the Robert A. Lee Community Recreation Center including reroofing and replacement of flooring; a general corporate purpose, and it is deemed necessary and -5- ' AHLBRS COONEY. DORWEILER HAYYIE, SMITH & ALLBEE, Fr— •rroe"e,eATuw oeewome110WA advisable that General Obligation Bonds in the amount of $430,000 of $700,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.26 of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of bonds for a general corporate purpose in the amount as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance thereof; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set forth; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: (a) "Bonds" shall mean $7,370,000 General Obligation Bonds, authorized to be issued by this Resolution; (b) "Issuer" and "City" shall mean the City of Iowa City, Iowa; (c) "Paying Agent" shall be the City Controller, or such successor as may be approved by Issuer as provided herein and.who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due; (d) "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the pro- ceeds of the Bonds; (e) "Registrar" shall be the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the bonds; (f) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. -6- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH & ALLREE. P.C. ATTOENEYSATLAW OESMOINES.IOWA Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to -wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $735,350 1994/1995 $732,200 1995/1996 $733,225 1996/1997 $733,150 1997/1998 $736,975 1998/1999 $734,425 1999/2000 $735,775 2000/2001 $735,750 2001/2002 $734,350 2002/2003 $731,575 2003/2004 $732,425 2004/2005 $736,625 2005/2006 $733,900 2006/2007 $734,525 2007/2008 $733,225 2008/2009 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 1994, will be collected during the fiscal year commencing July 1, 1995). (b) Resolution to be Filed With Countv Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. -7- AHLEB$ COONEY, DOBWEILEB. HAYNIE. SMITH & ALLBEE, P.C. ATTONNEYSAT"W OESMOINES.IOWA Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1994 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in direct obligations of the United States Government or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or FSLIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City ih the amount of $7,370,000, shall be issued pursuant to the provisions of Section 384.28 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND", be dated June 1, 1994, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 1994, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. AHLERS LOONEY. DORWEILER. HAYNIE, SMITH & ALLBEE. P.C. ATTORNEYSATL W OESMOINES.IOWA (X,+ V The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate* Amount June 1st 5.50% $330,000 1995 5.50% 345,000 1996 5.50% 365,000 1997 5.50% 385,000 1998 5.50% 410,000 1999 5.50% 430,000 2000 5.50% 455,000 2001 5.50% 480,000 2002 5.50% 505,000 2003 5.50% 530,000 2004 5.50% 560,000 2005 5.5016 595,000 2006 5.50% 625,000 2007 5.50% 660,000 2008 5.50% 695,000 2009 or such other rates as shall be determined by the Council following the public sale. (b) Redemption. Bonds maturing after June 1, 2002, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by regist- ered mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of Bonds to be called has been reached. AHLERS LOONEY, DORWEILER, HAYNIE. SMITH & ALLREE, P.C. AT ONNEYSArLAw OEs MOINES.IOWA V I Section 7. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolu- tion. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly author- ized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolu- tion. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made -10- AHLERS. GOONEY. OORWEILER. HAYNIE. SMITH & ALLBEE, P.C. ATGRNEYEATI W OESMOINE9.I0WA (x� U� only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Regist- rar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non -Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additi- onal bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of -11- AHLERS. COONEY. OORWEILER. HAYNIE. SMITH & ALLBEE. PC ATTONN"SATUW OE9MOINE9.I0WA and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Right to Name Substitute Paving Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -12- AHLERS, COONEY. DORWEILER. HAYNIE, SMITH & ALLBEE. P.G •T TO RN CYS AT IAW OF9 NOINFA IOWA M Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: FIGURE 1 (Front) MIRM AHLER& MONEY. DORWEILER, HAYNIE. SMITH & ALLBEE, P.C. ATTORNEYSATUW OE9MOINE9.I0WA / (6) / (7) (8) / (2) (3) (4) (5) / (9) / / (9a) / / (10) / / (continued on the back of this Bond) / (11)(12)(13) (14) (15) FIGURE 1 (Front) MIRM AHLER& MONEY. DORWEILER, HAYNIE. SMITH & ALLBEE, P.C. ATTORNEYSATUW OE9MOINE9.I0WA FIGURE 2 (Back) -14- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH & ALLBEE, Pf ATTONNEVSAT"W OESMOINES.IOWA (10) (Continued) (16) (17) FIGURE 2 (Back) -14- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH & ALLBEE, Pf ATTONNEVSAT"W OESMOINES.IOWA The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 1994, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This Bond is issued pursuant to the provisions of Section 384.28 of the City Code of Iowa, for the purpose of paying costs of reconstructing and improving the Robert A. Lee Community Recreation Center including reroofing and replacement of flooring; the construction, reconstruction and repairing of street improvements; the construction, reconstruction, extension, improvement and equipping of storm and sanitary sewers, including sewage treatment plant improvements and construction of storm water detention facilities; the acquisition, construction, reconstruction, improvement, repair and equipping of waterworks -15- AHLER& COONEY. DORWEILER. HAYNIE. SMITH & ALLBEE, P.C. ATTOANETEATLAW OESMOINE9.I0WA "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "CORPORATE PURPOSE" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: 1, 1994 Item 5, figure 1 _June = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 1994, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This Bond is issued pursuant to the provisions of Section 384.28 of the City Code of Iowa, for the purpose of paying costs of reconstructing and improving the Robert A. Lee Community Recreation Center including reroofing and replacement of flooring; the construction, reconstruction and repairing of street improvements; the construction, reconstruction, extension, improvement and equipping of storm and sanitary sewers, including sewage treatment plant improvements and construction of storm water detention facilities; the acquisition, construction, reconstruction, improvement, repair and equipping of waterworks -15- AHLER& COONEY. DORWEILER. HAYNIE. SMITH & ALLBEE, P.C. ATTOANETEATLAW OESMOINE9.I0WA and extensions, and real and personal property, useful for providing potable water to city residents, including water treatment plant acquisition and design; and the rehabilitation and improvement of existing city parks, in conformity to a Resolution of the Council of said City duly passed and approved. Bonds maturing after June 1, 2002, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. Notice hereunder may be given by registered mail to the owner of record of the Bond at the address shown on the books of the Registrar and shall be deemed complete upon mailing. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. -16- AHLERS. COONEY, DOHWEILEH. HAYNIE. SMITH & ALLEEE, P.C. ATTORNEY! AT LAW OES MOINES. IOWA IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk, with the seal of said City printed or impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, City Controller, Iowa City, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: (facsimile signature) Mayor ATTEST: By: ( facsimile signature) City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. (manual/facsimile signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] [Information Required for Registration] -17- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH & ALLBEE. PG ATTOPNMVSATLA DKSMOINFB.IOWA c?4 ASSIGNMENT For value received, the undersigned hereby sells, and transfers unto Identification No. hereby irrevocably attorney in fact to registration of the in the premises. Dated (Social Security the within Bond constitute and appoint transfer the said Bond on the books kept for within Bond, with full power of substitution assigns or Tax and does Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlarge- ment or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaran- teed by certain eligible guarantor institutions that partic- ipate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) _ Address of Transferee(s Social Security or Tax Identification Number Transferee(s) Transferee is a(n): Individual* Partnership of Corporation Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: NEM AHLERS. COONEY. DORWEILER. HAYNIE, SMITH & ALLBEE. P.C. ATTOPMEYEATL OESMOIMEE.IOWA (x V� TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - ..........Custodian......... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 13. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 14. Non-Arbitracte Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 16. Additional Covenants. Renresentations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such -19- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH & ALLBEE, P.C. ATTORNEYS AT UW OES MOINES. IOWA U4- forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 18. Oualified Tax -Exempt Obligations. For the sole purpose of qualifying the Bonds as "Qualified Tax Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental and Code Section 501(c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. Section 19. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 20. Amendment of this Resolution to Substitute Levies. That when so directed by resolution of the Council, the Clerk shall call for bids on any or all of the Bonds pursuant to the provisions of Chapter 75 of the Code of Iowa. That after the sale and award of the Bonds, this Council shall take whatever action is necessary to amend this Resolution to conform with action taken by the Council in the sale and award of the Bonds. PASSED AND APPROVED this 29th day of March 11994. ATTEST: Cler 60714032pgO3141100 M yor -20- AHLERS. COONEY, DORWEILER. HAYNIE. SMITH & ALLBEE. P.C. ATONNEYSATUW oeswoiwee.10WA 111 RESOLUTION NO. 94-85 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE RIVERSIDE DRIVE RIVER TRAIL PROJECT. WHEREAS, All American -Concrete Incorporated of North Liberty, Iowa, has submitted the lowest responsible bid of $31,596.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . The contract for the construction of the above-named project is hereby awarded to All American Concrete Incorporated of North Liberty, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 29th day of March , 1994• ATTEST:����.���> CIT CLERK MAYOR Approved by City Attorney's Office 3 It was moved by Kubby and seconded by Th......t., the Resolution be adopted, and upon roll call there were: AYES: pweng\allamer.ree NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton cb e4'� -�i�_ RESOLUTION NO. 94-86 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH BRW, INC. OF MINNEAPOLIS, MINNESOTA FOR ENVIRONMENTAL ASSESSMENT AND ALTERNATIVES ANALYSIS SERVICES. WHEREAS, Melrose Avenue between the Iowa Interstate Railway and Byington Avenue and the Melrose Avenue Bridge over the Iowa Interstate Railway are in need of reconstruction, and WHEREAS, the City desires to use $850,000 from the Federal Bridge Replacement Fund for said reconstruction, and WHEREAS, the Iowa Department of Transportation has required an Environmental Assessment in conjunction with said reconstruction, and WHEREAS, the, Melrose Avenue Focus Group has approved a scope of work for consultant services, and WHEREAS, BRW, Inc. of Minneapolis, MN, has been selected from a pool of qualified applicants as the preferred contractor for said project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: That the Mayor is hereby authorized to sign and the City Clerk to attest an agreement with BRW, Inc. of Minneapolis, Minnesota, to conduct an environmental assessment and alternatives analysis for the Melrose Avenue street and bridge reconstruction project. Passed and approved this 29th day of March _'1994. ATTEST: M 2 Z • / CI LERK ;pproved b City Attorney's Office3�5!/ It was moved by Throemorton and seconded by n; � the Resolution be adapted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott Throgmorton jccogadm% w.res AGREEMENT FOR ENVIRONMENTAL ASSESSMENT SERVICES This Agreement, made and entered into this 29th day of Mnrrh , 1994, by and between the City of Iowa City, hereinafter referred to as the City, and BRW Inc. of Minneapolis, Minnesota, hereinafter referred to as the Consultant. WHEREAS, the City is considering improvements to Melrose Avenue between the east corporate limits of the City of University Heights and Byington Avenue, and wishes to use grant funds made available by the U.S. Department of Transportation for said reconstruction, and in conjunction with the use of said federal funds has been required by the Iowa Department of Transportation to conduct an environmental assessment of the proposed improvements. NOW, THEREFORE, it is agreed by and between the parties that the City does hereby contract with the Consultant to provide the services set forth herein. A. SCOPE OF SERVICES The Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. 1. The Consultant shall conduct an environmental assessment and alternatives analysis according to the guidelines contained in Attachment A. B. GENERAL TERMS 1 . The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: a. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "total maximum fee" listed in Attachment B. The City may terminate this Agreement upon seven calendar days' written notice to the Consultant. 3. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all parties to said agreement. q11 2 4. It is understood and agreed that the retention of the Consultant by the City for the purposes of the project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. 5. It is agreed by the City that all records and files pertaining to information needed by the Consultant shall be made available upon reasonable request. The City agrees to furnish all reasonable assistance in the use of these records and files. 6. It is further agreed that no party to the agreement shall perform contrary to any state, federal, or local law or to any of the ordinances of the City of Iowa City, Iowa. 7. Consultant agrees to attend meetings required by the City relative to the work set forth in this Agreement as detailed in Attachment A. 8. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computa- tions, and any other data prepared or obtained by the Consultant pursuant to this Agreement relative to the project covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. 9. Consultant agrees to furnish all reports, specifications, and drawings with the seal of a professional engineer or other appropriate official signature affixed thereto or such seal as required by Iowa law. 10. The City agrees to tender to the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with the agreement. 11. Should any section of the agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 12. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. 13. Fees paid for securing approval of authorities having jurisdiction over the project will be paid by the City. 14. All provisions of the agreement shall be reconciled in accordance with generally accepted standards. 3 15. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire agreement, and that no other monies or considerations have been solicited. C. COMPENSATION FOR SERVICES 1. The Consultant shall bill the City for reimbursable expenses as summarized in Attachment B. The Consultant shall bill for reimbursable expenses as tasks contained in Attachment C are completed. Payments by the City are due and payable thirty (30) calendar days from the date of the Consultant's invoice, with amounts remaining unpaid thereafter bearing interest at the rate of 1 % per month. 2. Reimbursable expenses shall in no case exceed the "total maximum fee" of $83,873.51 shown in Attachment B. 3. If the scope of the project or the Consultant's services are changed materially, the amounts of compensation shall be equitably adjusted, but only after a written addendum is approved and executed by both parties and City issues a "Notice to Proceed" with additional work . 4. City shall not pay for time, labor or materials expended in preparation of a cost estimate or proposal for additional work. D. TIME OF COMPLETION It is the intent of the City and the Consultant that the work summarized in Attachment C shall be completed within twelve months of the effective date of this Agreement. CITY OF IOWA CITY, IOWA By:"�h.d7 Susan M. Horowitz, Mayor ATTEST: //( City Clerk Ap roved b// ity Attorney's Office 3 �/�y/� Iccgg[Vkenva =.ag[ BRW INC. By: Howard Preston, PE Vice President AMI 7L Melrose Avenue Street and Bridge Reconstruction Page I of 13 Attachment A TASK DESCRIPTION The Melrose Avenue Street and Bridge Reconstruction project includes the Melrose Avenue Bridge over the Iowa Interstate Railroad and the section of Melrose Avenue between Olive Court in University Heights and Byington Road in Iowa City. The work tasks to be completed as part of this project are listed below and then described in detail on the following pages. An estimate of the number of person hours, by general employee classification, required to complete the work task is provided at the end of, this section. The general employee classifications consist of the following: • Level 1 - Project/task manager • Level 2 - Professional engineer, planner, environmental analyst • Level 3 - Technician • Level 4 - Clerical The work tasks to be completed include the following: 1.0 Environmental Analysis 1.1 Land Use and Socioeconomic 1.2 Urban Design/Visual 1.3 Air Quality 1.4 Noise 1.5 Cultural Resources 1.6 Natural Resources 1.7 Hazardous Waste 1.8 EA Preparation 1.9 FONSI Determination 2.0 Traffic Analysis 3.0 Concept Layouts 4.0 Project Management 5.0 Public Participation 6.0 Visual Imaging TASK 1.0 - Environmental Analysis 1.1 LAND USEISOCIOECONOMIC Description: Identify existing land use, community resource and economic characteristics of the Melrose Avenue study area. Conduct land use/socioeconomic impact assessment for the Environmental Assessment (EA) document. Subtask: Establish baseline of demographic and economic attributes for the study area. • Establish baseline community resource data of the study area (e.g. neighborhood boundaries, University of Iowa property, churches, daycare facilities, schools, public service facilities). Ot4331WP 3394 71, Melrose Avenue Street and Bridge Reconstruction Page 2 of 13 Attachment A Establish baseline land use and zoning characteristics of the study area. Conduct meetings with the Cities of Iowa City and University Heights, and the University of Iowa, and other appropriate agencies to confirm baseline data and proposed development/ redevelopment plans in the area. Assess potential direct and indirect impacts of the project on the land use and socioeconomic character of the project corridor. Direct impacts would include such considerations as loss of tax base, business closures, and right-of-way acquisition. Indirect impacts would include a shift in land use development/ redevelopment patterns, inducement of new business growth, and impacts associated with traffic congestion. Deliverables: • Maps of existing land use and zoning • Maps of existing community facilities • Draft and Final Sections for the EA Staff: Witzig, Weber, Guimond, Hiniker 1.2 URBAN DESIGNNISUAL ASSESSMENT Description: To provide urban design and visual quality input in the development and evaluation of alternatives and to make recommendations regarding design enhancements for the proposed Melrose Avenue Street and Bridge Reconstruction project. The approach to the urban design and visual quality aspects of the project will be to provide a thorough inventory and analysis of the existing visual conditions and issues, to clearly illustrate the impacts the alternatives will have on the existing visual setting, and to identify creative techniques and design elements for mitigation as well as for enhancement of the visual environment. The urban design and visual quality recommendations will be directed not only toward meeting functional requirements and mitigating adverse impacts, but also toward addressing the aesthetic qualities and the visual character of the proposed project. Addressing the visual quality issues early in the design process will assure that all participants have a clear understanding of the visual appearance and impacts of the project and will help in the development of a project that has the best fit in the project corridor and the adjoining neighborhoods. Subtasks: Inventory the affected visual resources • Identify the affected people • Define the existing visual quality • Building off of the existing visual quality inventory, analyze the impacts to the visual quality • Summarize the visual impacts by alternative 914331WP 33.94 Melrose Avenue Street and Badge Reconstruction Pave 3 of 13 Attachment A • Make recommendations regarding mitigation of adverse visual impacts and enhancement of the existing visual quality • Obtain the University of Iowa's Land Use and Development Plan (including landscaping plan for Melrose Avenue) Deliverables: • Figures indicating existing visual resources • Photos of the Melrose Avenue Corridor • Draft and Final Sections of the EA Staff. Pakalns 1.3 AIR QUALITY Description: Analyze the air quality impact associated with construction and implementation of each of the project alternatives. Subtasks Carbon Monoxide (CO) Modeling Assumptions - Develop CO modeling assumptions including assumptions regarding background CO concentrations, wind speed and direction, temperature, mixing height, analysis year, persistence factor, vehicle emission levels. • CO Modeling - Conduct microscale CO analysis at two critical intersection receptor locations. Predict future CO concentrations and compare to applicable standards. Conduct and present the results of comparative analysis for the alternatives. Compliance Evaluation - Evaluate each alternative's compliance with the Iowa State Implementation Plan for CO. Deliverables: Draft and Final Air Quality Sections for EA. Staff: Nau, Meyers 1.4 NOISE ANALYSIS Description Identify noise impacts associated with construction and operation of the project alternatives. Compare predicted future build condition traffic noise levels to no - build noise levels and state standards to determine impacts. Identify potential noise mitigation measures as necessary to mitigate traffic noise impacts. Subtasks: Land Use Survey - A survey of the project corridor will be conducted to identify noise -sensitive land uses within the study area. The survey will focus on the identification of residential, institutional and park properties. Conduct noise monitoring at up to three separate sites within the study area. 014331WP 3J.% ITC Melrose Avenue Street and Bridge Reconstruction Paee 4 of 13 Attachment A Analyze future noise levels associated with each alternative in accordance with Federal Highway Program Manual FHPrvf 7-7-3. Future noise levels will be compared to the Federal Noise Abatement Criteria, State Noise Standards and No -Build noise levels to determine impacts. Develop and evaluate the effectiveness of alternative means of noise mitigation. Estimate noise levels associated with construction activities and potential construction noise impacts. Identify the range of construction noise mitigation measures. Deliverables: Draft and Final Noise Sections for EA Staff: Nau, Troe, Meyers 1.5 HISTORIC PROPERTIES DOCUMENTATION Description: The goal of the following tasks is to identify all historic properties that may be potentially eligible for inclusion in the National Register of Historic Places (NRHP). The strategies required to complete this task will consist of both record and literature searches and fieldwork investigations. These surveys will follow the Standards and Guidelines for Identification of Historic Properties published by the Advisory Council on Historic Preservation (ACNP). Subtasks: Identification of known historic properties through State Historical Society files, interviews with local preservation societies, and informants. • Conduct drive through survey of the corridor. • Assess potential for additional historic properties. • Meet with Iowa State Historic Preservation Office (SHPO), State Archaeologist, and City Historic Preservation Planner. • Prepare Technical Memorandum of a detailed inventory of all known archaeological, architectural, and historic resources and the proposed alternative's impact to known sites. Shovel -testing will not be completed as part of this work task. • Identify potential mitigation measures. Deliverables: Technical Memorandum, Draft and Final Section for the EA report. Staff: Oertel, Johnson, Bourgerie rt4MIWP 33.94 Im Melrose Avenue Street and Bridge Reconstruction Pace 5 of 13 Attachment A 1.6 NATURAL RESOURCES Description: Obtain information on water resources, wetlands, floodplains, wildlife habitats, and other ecologically sensitive areas. Principal sources of information will be previous studies and local, state and federal agencies. Examples include wetlands from National Wetland Inventory (NWI) maps; floodplain from the Federal Emergency Management Agency (FEMA); and wildlife data from the Department of Natural Resources. Conduct natural resource impact assessment for each of the project alternatives. Permits needed to implement the project will be identified. Subtasks: • Perform an in -field survey of the project corridor to identify and locate areas of ecological concern. All ecological areas will be mapped. • Evaluate project alternatives to determine the potential effects on areas of ecological concern and quantify the magnitude of any impacts. • Identify permits and document permitting requirements. Deliverables: • Figures indicating natural resources in the study area. • Draft and Final natural resource sections of the EA report Staff: Witzig, Kunkel 1.7 HAZARDOUS WASTE Description: A detailed analysis will be conducted to identify hazardous waste and potentially contaminated sites. Subtasks: Conduct an agency survey and field reconnaissance to identify the presence of existing/potential hazardous waste sites along potential alignments. Reference lists identifying known hazardous waste location such as the State's hazardous waste list, the State's highway spill report, accident reports from area rail lines, the State's underground storage tank listings, and the Comprehensive Environmental Resource Compensation and Liability Information System (CERCIS) or the Resource Conservation and Recovery Act (RCRA) information will be utilized. Potential sites could include gas stations, above -ground tanks, industrial properties, landfills, underground storage tanks, etc. Soil borings will not be conducted as part of this work task. Deliverables: Draft and Final Hazardous Waste Sections of EA. Staff: Miller, Hiniker 1.8 EA PREPARATION Description Prepare the draft Environmental Assessment documentation and submit 20 copies to the City of Iowa City for review. ln4wlwP 33.9{ 131, Melrose Avenue Street and Bridge Reconstruction Page 6 of 13 Attachment A Subtasks: • Prepare revisions to the environmental document based on comments from the City of Iowa City's preliminary review. Prepare the Final Federal Environmental Assessment Document, which will include the following sections: - Title - Report Purpose - Project Description - Cost and Funding Source - Schedule and Project Manager - Purpose and Need For Project - Alternatives - Social, Economic and Environmental Impacts and Potential Mitigation Measures - Physical Environment Impacts and Mitigation Measures - Historic, Archaeological and Cultural Resources - Draft Section 4(f) Evaluation (if appropriate) - List of Agencies and Persons Consulted After Federal Highway Administration (FHWA) signature, print, distribute, and make the document available to agencies and the public. It is assumed that 75 copies of the EA document will be prepared and distributed. Deliverables: Draft and Final Environmental Assessment. Staff: Preston, Witzig, Nau 1.9 FONSI DETERMINATION Description: The EA is a decision document that provides the basis for determination of whether to prepare an Environmental Impact Statement (EIS) or Finding of No Significant Impact (FONSI). Subtasks: 0 Summarize all written comments from agencies, interest groups, local governments, and individuals and prepare a list of issues/concerns/ responses for use in final document. • Assist in the identification of a preferred alternative for inclusion in the final environmental document. Prepare final document that identifies the selected alternative, basis for selection, impacts, and mitigation, and responds to all input received as a result of draft document availability and the public hearing. R4331VVP 3394 Tt", Melrose Avenue Street and Bridee Reconstruction Page 7 of 13 Attachment A • Print and distribute 75 copies of the final document to agencies and the public. Distribute copies of the final document to local libraries. Respond to individual requests for the document. It is assumed that no significant changes will result from the review process requiring substantial additional work on the EA. If additional substantial work is required, City and Consultant will first agree on a compensation schedule. Deliverables: FONSI Documentation or obligation to complete EIS. Staff: Preston, Witzig, Nau 2.0 Traffic Forecasting/Engineering Description: Conduct traffic impact analysis, including impacts to bicycle and pedestrian movements for each of the seven alternatives proposed to be addressed. Traffic and pedestrian counts will be conducted during times when the University of Iowa is in session. Subtasks: Data Collection: X14331WP • Conduct peak -hour turning movement counts at the following intersections: - Golfview/Koser and Melrose Avenue intersection - Melrose Avenue and Hawkins Drive - Melrose Avenue and South Grand - Melrose Avenue and Byington Road - Grand Avenue and Riverside Drive • Conduct pedestrian counts at up to five intersections (same as traffic) in the study area. • Obtain from the City: - Socioeconomic data attached to each of the Traffic Analysis Zone (TAZs) adjacent to Melrose Avenue for both the current and forecast year conditions. Socioeconomic data should include: • Number of households • Number of employees in retail and non -retail, if possible • Vehicle trips - Current Average Daily Traffic (ADT) counts in the study area. Accident records for the previous three-year period. Intersection traffic control at each of the key intersections in the study area. 33.94 MR Melrose Avenue Street and Bridge Reconstruction Page 8 of 13 Attachment A Traffic Forecasts: • Work with the City to conduct traffic analysis using the City's Quick Response System (QRS) arterial analysis model. • Work with City staff to establish the hourly capacity of the key intersections along the study corridor. • From the assignments produced from the QRS model, establish the daily traffic levels associated with the No -Build condition. The assignments from the model should be adjusted based on the link -by -link deviation between the base -year assignments and actual counts for the period. • Through application of current peak -hour percentages and current peak - hour directional splits to the forecasted ADTs determine the forecast condition peak -hour directional traffic volumes. • Develop peak -hour intersection turning movements through application of the TMOVES computer model. The TMOVES model is a propensity assignment model used in determining intersection turning movements from intersection approach volumes. • Develop daily and peak -hour traffic forecasts for each of the six roadway improvement options using a similar methodology as for the No -Build conditions. Through discussions with City staff, it is understood that the forecasted volumes in the Build alternatives will be similar as the No - Build because there are few alternate corridors from which traffic would be diverted if the Melrose Avenue corridor is improved. Traffic Engineering Analysis: • Determine the peak -hour operating characteristics at each of the key intersections in the study area for the existing conditions, the No -Build condition and each of the six Build alternatives. • Based on the calculated level of service, identify the need for additional mitigation measures for each of the alternatives. • Calculate the accident rate at each of the key intersections and compare the rate to the critical accident rate and average accident rates for similar intersections in Iowa City. • Evaluate the potential for each of the proposed roadway improvements to reduce the accident potential at each of the key intersections and on each of the key roadway links. 014331WP 33.94 C Melrose Avenue Street and Bridge Reconstruction Paye 9 of 13 Attachment A Evaluate the pedestrian traffic impacts of each alternative. A number of the alternatives include widening the current cross-section of Melrose Avenue, which will have implications on the pedestrian crossing time. Deliverables: Draft and Final Traffic Impact Technical Report, Draft and Final Sections for the EA staff: Preston, Troe, Green, Meyers, Holstein 3.0 Concept Layouts Description: Prepare concept layouts using AutoCAD release 12.0 software of all identified alignment alternatives on 1" = 100' scale aerial photography. Present the layouts to the City and IDOT staff and the Focus Group (one meeting); and revise as necessary. Subtasks: • Develop/document design guides and standards that will be used to evaluate all alignment alternatives. Obtain from the City 1" = 100' mylar reproducibles of the most recent aerial photography of the study area. The aerial photography available from the County for the section of the study area within the University of Iowa property is at 1"=400' scale. Based on conversations with the University of Iowa, aerial base mapping is available at 1"=50'. It is assumed that the University will provide to the City base mapping for the area of the University included within the boundaries of this study. Develop Concept Layouts including- - Index/location maps - Existing natural and constructed features, including major drainage and utility components - Horizontal alignments - Lane designations (left tum, etc.), traffic flow direction arrows and roadway names - Intersection designs - Sensitive or restrictive areas • Prepare preliminary cost estimates for each of the seven alternatives. • Investigate the impacts on major drainage and utility features and its effect on the cost or feasibility of each alternative. • Investigate roadway profiles, based on as -built plans or contour information (provided by the City), to determine each alternative's feasibility and constructability. The vertical clearance of the existing bridge will be investigated. • Prepare cross sections at critical locations. 814331WP 33.94 SLo Melrose Avenue Street and Bridge Reconstruction Paye 10 of 13 Attachment A Prepare an evaluation matrix summarizing the major features and comparative preliminary estimated costs, benefits and impacts of each alternative. Deliverables: Concept layouts on 1" = 100' aerial base maps, including typical sections. Staff: Preston, Ayaz, Green 4.0 Project Management Description: Plan and coordinate work tasks, establish budgets for subtasks, and monitor expenditures versus budgets. Subtasks: • Jeff Davidson, Assistant Director of Planning and Community Development, shall be the City's designated contact person for all matters pertaining to the project. If unavailable, Rick Fosse, City Engineer, may be contacted in an emergency. • Develop detailed work orders specifying the work to be completed, time schedule, cost allowance and deliverables. • Refine the scope of work as required by changing project conditions. • Give technical direction to and coordinate the various disciplines and specialists required on the project. • Coordinate the input/output between the various disciplines through periodic technical reviews of project activities with project staff. • Assure the project work program is completed on time and within budget through the monitoring of task performance as compared to planned performance, through strict monitoring of total project expenditures against a time -phase budget. • Establish overall drawing and report format for various report products. • Review the products developed in each work task and recommend appropriate additions and corrections. • Prepare monthly project reports outlining the work completed, work schedule for next month, financial status, and potential problem areas. Deliverables: Progress Reports Staff: Preston, Witzig 5.0 Public Particiyation Description: Execute a public involvement program to obtain participation and communicate with all parties with a stake in the design of the project. /14331WP 33.94 Melrose Avenue Street and Bridge Reconstruction Page 11 of 13 Attachment A Subtasks: At the initiation of the project, meet individually with each of the Melrose Avenue Environmental Assessment Focus Group members. • Conduct one Focus Group meeting prior to the release of the EA document. The Focus Group and City Council presentation will be scheduled on the same day to reduce travel expenses. • Prior to the release of the EA document, make one presentation to the Mayor and City Council. • Prepare public hearing notice for publication. • Arrange for preparation of public hearing transcript. • Staff EA Public Hearing. • Prepare public hearing transcript book containing copies of the meeting notice, meeting handouts, transcript of the meeting, written comments and press clippings. • Develop presentation materials for public and community meetings. • Keep records relative to issues discussed during EA preparation and conclusions reached at meetings. Deliverables: Presentation materials, public hearing transcript book. Staff: Preston, Nau, Witzig, Pakalns 6.0 Visual Imaging 014331WP Fieldwork Conduct site visit of study area to photograph existing conditions and to acquire photographic imagery to use in the simulations. Mr. Newlands will photograph up to three views from which will be selected one image to be used as a base for the photo - simulations. Model Medical Building Develop a partial model of the University Medical Building, using plans and elevations supplied by the City and/or the University of Iowa. Only the portion of the building seen in the simulations will be modeled. This will be used to generate a photorealistic rendering of the completed building for the simulations. 33.94 O� Melrose Avenue Street and Bridge Reconstruction Page 12 of 13 Attachment A Model and Render Three Melrose Avenue Alternatives Three alternatives will be modeled, using CAD and survey data. The models will also include streets, striping, curbs, sidewalks and landscape elements. (The landscape design will be based on the University Master Plan for Melrose Avenue, where applicable.) Perspective views of these models will be matched to the photograph selected as the base image. The model views will be rendered by computer and merged with the background photography. Additional images borrowed from other photographs, such as bicyclists, landscape material, people and cars, will be blended into the photosimulations. Focus Groups Modifications The first set of three simulations will be used for presentations to the City Council and EA Public hearing/EA Document. Following the EA review and comment period, two of the alternative simulations will be updated to reflect input from the City, the Focus Group and updated designs. Review Prior to final output, the images will be provided to the City as 8 1/2" x 11" prints for review. Deliverables: Final output of images will be two 24" x 36" boards for presentation. Two sets of boards will be produced; one set of four (including "existing conditions"), and one set of two (modified/updated views). Staff: Newlands, Pakalns /14WIWP 3334 aml Melrose Avenue Street and Bridge Reconstruction Pave 13 of 13 Attachment A SUMMARY OF PERSON -HOURS BY WORK TASK 414331WP _ 33.94 Person -Hours by Employee Classification Level Level Level Level Total 1.0 Environmental Analysis 32 384 120 32 568 2.0 Conceptual Alignments 16 160 48 4 228 3.0 Traffic Analysis 8 100 48 64 220 4.0 Project Management 40 40 8 8 96 5.0 Public Participation 40 56 16 8 120 6.0 Visual Simulation/Imaging 8 120 - - 128 Total 144 860 240 116 1,360 414331WP _ 33.94 Melrose Avenue Street and Bride Reconstruction Page 1 of 1 Attachment B PROJECT COST Employee Classification Average Hourly Rate Hours Amount Level $35.00 144 $ 5,040.00 Level $20.00 860 17,200.00 Level $13.00 240 3,120.00 Level 4 $11.50 116 1,334.00 Labor Subtotal $ 26,694.00 Overhead at 159.43% 42,558.24 Subtotal $ 69,252.24 Fee at 12% $ 8,310.27 Travel Expenses $ 4,450.00 Lodging 675.00 Meals 336.00 Graphic Reproduction 650.00 Delivery/Postage 200.00 Subtotal Expenses - $ 6,311.00 Total Maximum Fee $ 83,873.51 #14331WP 33.94 ATTACHMENT C Environmental Review Scope and Schedule Melrose Avenue Street and Bridge Reconstruction MONTHS TASK 1 2 3 4 5 6 7 S 1 9 10 11 12 13 14 15 16 Environmental 1.0 Assessment • Data Collection • Draft EA Impact Analysis • Document Preparation • Review Draft EA • Distribution of EA • EA Review and a Comment Period • EA Public Hearing • Preparation of Record of Decision • Adequacy Determination • FWHA Issues FONSI 14 2.0 Concept Design • Obtain Mapping and -= R/W Data • Layout of Alterative Alignments/Bridge Concept • Alignment Analysis" • Select Preferred Alignment Concept 3.0 Traffic Analysis 4.0 Project Management TM .. .':::�N 5.0 Public Participation Kick -Off Meeting SQA Focus Croup Meetings �. City Council Meeting ii1M mN les e>e-- RESOLUTION NO. QA -A7 RESOLUTION APPROVING AN AGREEMENT TO AMEND THE CONTRACT FOR CONSULTING SERVICES WITH RICE, WILLIAMS ASSOCIATES. WHEREAS, the City Council adopted Resolution 91-231 on September 31, 1991, approving a Contract for Consulting Services with Rice, Williams Associates for services relating to cable franchise renewal; and WHEREAS, more recent federal legislation has given franchising authorities limited rate regulation authority consistent with federal law and Federal Communications Commission guidelines and formulas; and WHEREAS, the City of Iowa City wishes to utilize the services of a professional consultant to assist in the exercise of its regulatory authority; and WHEREAS, Rice, Williams Associates possesses the necessary expertise to provide that assistance and has agreed to expand the scope of services of the original Contract for Consulting Services for that purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager is authorized to execute the Agreement to Amend the Contract for Consulting Services, which agreement is attached to and made a part of this resolution. Passed and approved this 79rh day of March , 1994. ATTEST:%7 C; .LERK YORQirJ� Approved by City A omey's Office �95e It was moved by Pigott and seconded by Th, -,,,g,. a, t-, n the Resolution be adopted, and upon roll call there were: AYES: X X X X X X y asstkeb1etv.2s NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton V ADDENDUM NO. 2 AGREEMENT TO AMEND CONTRACT FOR CONSULTING SERVICES The City of Iowa City and Rice, Williams Associates hereby agree to amend their CONTRACT FOR CONSULTING SERVICES, entered into on September 3, 1991, by extending the Scope of Services to include a Benchmark Rate Analysis. The Proposal to Provide Rate Regulation Assistance to the City of Iowa City, Iowa, submitted by Rice, Williams Associates and dated March 15, 1994, specifies the additional scope of services to be provided. Said proposal is attached to and made a part of this agreement. Cost for these expanded services shall not exceed $8,000.00 and shall be charged on an hourly basis consistent with those rates specified in the original contract. FOR THE CITY OF IOWA CITY Stephen J tkins ' City Manager mgr%asst\sddendum.02 , D pproved sy CI Attomsy's Office < =/�ty FOR RICE, WILLIAMS ASSOCIATES a I'IMR-lv-1JT1 Wcv RICE, WILLIAMS ASSOCIATES PROPOSAL TO PROVIDE RATE REGULATION ASSISTANCE TO THE CITY OF IOWA CITY, IOWA March 15, 1944 Prepared by: Rice, Williams Associates 601 Pwxaylvudz Avmuc. NW. Sulm 900 Wmhbnztm. DC 20004 Phol.n CWM 737.2400 6661 Elm Savm 4dh Poor Mcr.,... Vhrmw 2301 pho Q03) 5060913 77 L SCOPE OF SERVICES Rice, Williams Associates (RWA) will assist City of Iowa City, Iowa in regulating basic tier and equipment charges in conformance with Federal Communications Commission (FCC) y x.•21jr. qp1in wwTjqgm• •P '.1L. • 1 future revisions and clarifications. Certificatunt Process for Basic Tier Regulation The City must become certified by the FCC to regulate basic service rates. The certification form requires a duly authorized representative of the franchise authority to indicate that. ■ rate regulations will be consistent with the rate regulations prescribed by the FCC ■ the franchising or local authority has the I%W authority to adopt and the personnel to administer rate regulations ■ the procedural rules of the local authoaty provide an opportunity for consideration of the views' of interested parties. If the City of Iowa City has not filed with the FCC, RWA will provide any assistance required. Certifications filed with the FCC by City of Iowa City will become effective thirty (30) days after Sling unless the Commission finds the City has not met one of the criteria. RWA will advise the City regarding the following filing and reconsideration rules. The City of Iowa City may begin filing certifications with the Commission on or after September 1, 1993. The FCC mandated rate freeze is in effect until November 15, 1993. After that date, operators can raise rates only if the City has not notified the Company that it can regulate rates and if no complaint on programming service tiers has been filed with the FCC. There is no 49 11 rc o—I»r w-.. deadline by which City must seep certification. Thirty (30) days after filing, the municipal is allowed to regulate rates. The City has to either mail the FCC farm by Registered Mail, Return Receipt Requested, or hand deliver the form and obtain a date-stamped copy. The thirty -day period runs from the date stamped on the return receipt or copy. Operators may file petitions for reconsideration challenging the City's certification. A major criteria for reconsideration is an operator showing that its system is subject to effective competition. Cable operators are warned, however, that frivolous filings for effective competition which take advantage of the automatic stay of rate regulation will be subject to penalties. Cable operators may also petition for reconsideration on the grounds that: the City does not have a legal status to regul= rates; the City lacks resources; or the jurisdiction regulations are not consistent with FCC regulation. The operator can file a petition for reconsideration or a petition for revocation. Reconsideration has to be filed within thirty (30) days after the certification becomes effective. Revocation petitions can be filed at any time thereafter. Should the Commission decide on their own initiative or based on petition that the City has not met one of the criteria for regulation the City does have an opportunity to cure. If the local City certification is denied or revoked, or the City requests the FCC to regulate basic rates because it does not have the resouices to regulate or lacks legal authority, the FCC will use its jurisdiction to regulate basic rates and equipment rates. Basic Rate Regulation Process The City of Iowa City will not be able to begin regulating rates until the City has adopted regulations consistent with those in the FCC's ft—ort & Order and implemented rules which give interested parties an opportunity to comment during the process. The franchising I-2 M 1'PK-10-1JJY W • GJ authorities have 120 days from the effective date of certification to adopt these rules and regulations. RWA will prepare a draft Ordinance for the City in conformance with FCC rules. After the City has been certi5ed and appropriate Hiles have been adopted, the City must notify the cable operator that the FCC's requirements have been met and it intends to regulate basic service ratty. RWA will prepare a draft notification letter. The operator will then have thirty (30) days to file its basic rate schedule on an FCC form and any supporting materials regarding the reasonableness of its raters. These materials are to be filed with the City along with information on which methodology the jurisdiction should apply; benchmark or cost of The City has thirty (30) days from receipt of this information to make a determination. Additional time for consideration of the rate request is available after the City issues a brief written decision invoking the additional time period. An additional ninety (90) days may be taken by the City to ensure basic rates are in compliance with the Commission's benchmark rate standard and an additional 150 days may be used to evaluate a cost -of -service showing which seeks to keep or justify rates above the benchmark rate level. The City can request necessary financial data from the Company. At the end of the appropriate review period, the City: ■ may take no action and thereby the rate request goes into effect ■ shall issue a written decision disapproving all or any portion of such rate ■ shall issue a written decision approving the rate request if an interested party has objected ■ may oder rate reductions, prescribe a reasonable rate if a rate is determined to be unreasonable, and impose fines or monetary forfeitures for noncompliance with a rate decision or refund order I-3 al ■ may order a refund with associated acnm,nting requests of the operator after the operator has had an opportunity to comment; refimd liability is one year or less depending on when rate action is W m. RWA will prepare the appropriate resolution. Basic Tier Rate Setting Methodology The principal methodology for basic rate regulation is benchmark regulation. RWA will bench analyze the Company's mark submittal. The benchmark method developed by the Commission was derived from an analysis of systems that were subject to effective competition. The Commission applies different benchmark rates to systems based on the individual systems number of channels, number of subscribers, and satellite signals. The Commission indicates that in the future it is likely that other factors will be considered. After applying the benchmark methodology, the system rates are adjusted in the following manner. N the system's rate is below that indicated using the benchmark method, local authorities can assume that the rates do not reflect undue market power and, therefore, the initial regulated rates for a system shall be its rate in effect on the date the system becomes subject to regulation regardless of the benchmark rate. Rates that exceed the applicable benchmark are presumed unreasonable. Some systems rates at the onset of regulation that are above the benchmark may have had rates that were below the benchmark on September 30, 1992. Such systems are not subject to a rollback to levels in effect on September 30, because the rates were presumptively reasonable on that date. These systems must reduce rates from the existing levels to the benchmark, but they may maintain increases from September 30, 1992, levels up to the benchmark and adjust rates to reflect inflation. I-4 171 For a system with basic tier rates above the benchmark or when it became subject to regulation and on September 30, 1992, the maximum permitted tate will be the September 30, 1992, rate reduced ten percent (1096), but no lower than the benchmark rate for that system. Systems with initial rates based on adjusted September 30, 1992 rates may further adjust those rates to reflect inflation which occurred between September 30th and the time when regulation and the dates of the service tier began. They must also apply an efficiency adjustment, which is specified in the Commission rules, to those rates if the total number of subscribers or channels in a system changes between September 30th and the time of regulation. After those adjustments have been made, the initial permitted rate for basic service der will then be capped. RWA will prepare a report to the City on the results of the benchmark rate analysis and specify if rebates are appropriate. Company's cannot appeal the use of the benchmark rate. However, interested parties can appeal to the FCC any decision by the local jurisdiction to approve or disapprove benchmark rates based on non-(=formar= with FCC rules. The Commission's rules, however, do allow the cable Operator to use cost -Of --service principles to justify rates higher than lermitted by the system's benchmark. This is an important distinction as local government must apply the benchmark standard. The only time a local government can use cost -of -service regulation is if the cable operator chooses to make a cost -of - service showing. I-5 71 An operator can choose to provide the local jurisdiction with a cost -0f -service showing. Prior to rate deregulation many cities used cost -0f -service methodologies for rete regulation. The FCC has proposed such rules, but the rules will not be final until later this year. RWA will be available to assist the City by analyzing cost of service submissions. The Commission has adopted a price cap mechanism to regulate rate increases. In order to make rate calculations and reviews easier, the price cap rate for the basic service tier is to be expressed as a rate per channel. Price caps will apply to all regulated systems, including systems with rates that are below the benchmark (where regulators act in a timely manner). The Commission establishes an annual adjustment index to permit changes in each system's cap in basic service tier based on the genal changes in the cost of doing business. A GNP fixed rate price index and annual adjustment index will be used for the cap on basic service tier rates. Cable operators may adjust the cap -base -per -channel rate through the basic service tier annually after the final GNP/PPI is published. The operator need not have the approval of the local City to raise rates within or to the price cap. A new rate proceeding would be required for proposed increases exceeding the price cap. RWA will be available to analyze future rate increase submissions. In addition to the price cap, cable operators can add specific costs to subscriber rates. Certain costs for retransmission consent can be passed through to subscribers. One of the other major components of the Cable Act was to set requirements for, broadcast coverage and allow for retransmission consent. Reaansmission consent allows broadcasters to charge the operators for carrying their local signals. The Commission has concluded that retransmission consent costs should be treated as external to the benchmark. However, the Commission was mindful of how 4q this might slaw imxuaves away from fair bargaining between operators and broadcasters. Therefore, the Commission will allow retransmission consent costs external treatment only after October 6, 1944 and only for new or additional fees beyond those already in effect on October 6, 1994. Other costs to be considered external to the costs of the benchmark are specific programming costs, other than retransmission consent, taxes, franchise fees, and the costs of franchise requirements. The FCC, determined in their rulrmalang, that such franchise requirements can include: the sum of per -channel costs for the number of channels used to meet franchise requirements for public, educational, and government channels; and any direct costs of providing any other services required under the franchise; and a reasonable allocation of overhead. The Commission's accounting provides the costs associated with public, educational, and government channels be directly assigned to the basic tier where possible. RWA will review the methodology used for all external costs to determine if they are appropriate. Regulation of Subscnber Equipment The FCC also determined what subscriber equipment used to receive the basic service tier will be regulated by local jurisdictions, as well as the rates for installation and connections for additional television outlets. The FCC determined that the regulated equipment will include, but not be limited to: converter boxes, remote controls, connections for additional television sets; - and cable home wiring. In addition, equipment installations for reception of both basic tier service and other services would be regulated. All such subscriber equipment related rates will be regulated according to actual costs. I-7 4I The Commission believes that Congress' intent was to encourage competition in the provision of equipment and service installation. However, the Commission does not have at this time the information it requites to establish a separate effective competition test for installation and equipment and the Commission will continue reviewing these issues. At this time, all systems subject to rate regulation must comply with the actual cost standards for equipment and service installations. Cable operators must unbundle charges for equipment, installation, additional outlets, and must calculate separate charges for installations, remote control units, converter boxes, and other customer equipment. The actual cost standard for equipment is applied in the following manner. Cable operators must establish an "equipment basket" to which the operator will assign the direct costs of installation, leasing, maintaining, and servicing equipment. This "equipment basket" will also include an allocation of all system joint and common costs that installation, leasing, and repairing equipment share with other system activities excluding general system overhead. Equipment basket costs include a reasonable profit. An operator must also calculate the hourly service charge through which it would recover all equipment basket costs including profit, except for the operator's costs of purchasing and financing a lease of customer equipment. A common protest lodged by subscribcrs was the charge for leasing remote control units. The FCC now indicates that charge for each of type of remote control unit shall be dcsigned to recover the operator's cost of purchasing, financing, and the expected repair and service charges over the useful life of the equipment. Repair service charges will be determined by multiplying I-8 71 the estimated average member of repair and service hours per remote by the hourly service charge. Charges for leasing converter boxes and other equipment shall be calculated in the same manner as for remotes. For installation charges, the operator must elect a uniform installation charge based upon either (1) the hourly service charge times the person hours of the visit or (Z) the hourly service charge times the average hours spent per installation visit. The FCC guidelines do not preclude an operator from selling equipment to the subscriber and that equipment prices shall be set at no higher than necessary to recover the costs including all costs incurred for storing and repairing the equipment for sale up to the time provided to the customer including a reasonable profit. At that point the purchaser is responsible for maintaining repairing the purchased equipment, but the operators may sell service contracts. In addition, cable operators shall provide notice at the time of sale of that equipment, that system upgrades might make the customer's purchased equipment incompatible with new system technology. Cable operators offer promotions which frequently include permanent, below -cost offering of installation. The Commission will not allow cable operators unlimited discretion at pricing installation below cost. Cable operators must exclude the cost of promotions from the equipment basket: However, they can include promotions in the general overhead component as part of a cost -of -service showing. Additional outlets are also going to be included in the equipment basket. Cable operators can recover the cost of the additional connection in the charges for installation or lease of customer equipment used for the additional connection. The installation charge for additional "M 7-? connections is the hourly service charge times the person hours of the visit. If the operator elects to use an average install time, the Commission wants to have two separate rates; one for wiring additional connections at the time of the install and another if the operator makes a separate visit Such distinctions are, of course, part of many operators' current service pricing. If an additional charge is made for programming carried on basic or cable programming service channels that transmit to additional outlets, the FCC will allow cable operators to recover the charges through a monthly charge levied far additional outlets. RWA will analyze all equipment basket costs to assess whether the costs by the cable operator have bees appropriately applied. Further FCC Rulmmking RWA will keep the City informed of further FCC rulemakings. Instead of having all the systems reduce rates to benchmark levels Commission adapted its regulations and has promulgated a further rulemaking to analyze a number of issues such as, how rate adjustments should be handled for systems with September 30, 1992 rates more than ten percent (10%) above the benchmark and whether the Commission should exclude systems with less than thirty percent (30%) penetration. The Commission intends to conduct more surveys to refine the competitive benchmarks and further assess competitive rate differential between systems subject and not subject to effective competition. 1-10 TOTAL P.0 1�1 �b RESOLUTION NO. 96_88 RESOLUTION RESCINDING RESOLUTION 84-182 ESTABLISHING A FEE SCHEDULE FOR THE USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES, AND ESTABLISHING A NEW FEE SCHEDULE FOR SIDEWALK CAFES. WHEREAS, the City Councit of Iowa City, Iowa adopted Resolution 84-181 on July 3, 1984, establishing regulations for operation of sidewalk cafes on public right-of-way; and WHEREAS, Section 11 of those regulations enables the City to collect fees for the use of public right-of-way for a sidewalk cafe, said fees to be established by resolution; and WHEREAS, Resolution 84-182 established a fee schedule for said sidewalk cafe use, which is now outdated; and WHEREAS, it is appropriate to update the fee schedule, in order to better reflect use of public right-of-way and administrative costs associated therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: 1. Resolution 84-182 is hereby rescinded, as outdated. 2. The following fee schedule is hereby established for use of the public right-of-way, for the operation of sidewalk cafes: Annual fee - $500 per season, per use, with the season being defined as April 1 - October 30 of any calendar year. Passed and approved this9� day of Marrh , 1994. v MAYOR Approved by ATTEST: 11)108� �S. CL.I� CITY LERK C' y Attorney's Office - - y� cafefe s.ms Nb' Resolution No. 94 -RR Page 2 It was moved by Novick and seconded by Baker the Resolution be adopted, and upon ro4 call there were: AYES: NAYS: X X —7— x — X X ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Re-. �� RESOLUTION NO. 94-89 RESOLUTION RESCINDING RESOLUTION NO. 94-17 WHICH ESTABLISHED A FEE FOR COMMERCIAL PESTICIDE APPLICATION REGISTRY. WHEREAS, Resolution No. 94-17 established a fee for commercial pesticide application registry; and WHEREAS, Council has repealed Ordinance No. 94-3607 which governs commercial pesticide application; and WHEREAS, it is in the public interest to rescind Resolution No. 94-17 as not reflecting the City Council's wishes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said Council does hereby rescind Resolution No. 94-17. Passed and approved this 29th day of March , 1994. ,4 "AIR - "i'2:vt7� IYAYOR Approved by ATTEST:2 ,�J CIT CY LERK It was moved by Lehman and seconded by adopted, and upon roll call there were: AYES: NAYS: finpkg\94-17rsc.res City Attorney's Office Baker the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton /-?� ?::,K RESOLUTION NO. 94-90 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Loyal Order of Moose Lodge 111096 - 950 Dover Street It was moved by Novi rk and seconded by vi got -t -that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 12th day of Wanceprm.res ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 1994 . MAYOR p -• by Cit AttoThey WOffice rD �es i3p, RESOLUTION NO. 4,_oi A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CIVIC CENTER WEST POLICE DEPARTMENT LOWER LEVEL REMODELING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 26th day of April, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A 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 12th day of Api 1 1994. YO�� a Approved b ATTEST:a��� CITY CLERK dity Attorney's Office It was moved byNn1ii n� and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: X x x— X X X pmnglpollcell.ms NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 94-92 RESOLUTION ADOPTING SUPPLEMENT NUMBER 64 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, Sterling Codifiers, Incorporated has prepared the 64th supplement to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 64 by resolution as a part of the said Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number Al, to the Code of Ordinances of the City of Iowa City, Iowa attached to this Resolution as Exhibit A, and by this reference made a part hereof, is officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by rT..,,i�k and seconded by vigott the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 1?t-h day of April , 19gj. ATTEST:� CIT CLERK clerk\codeordaes App ove by Oty Attorney's Office P Vl- 9Z RESOLUTION NO. 94-93 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND FIRST NATIONAL BANK FOR PROPERTY LOCATED AT 431 NORTH VAN BUREN STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Promissory Note and a Mortgage executed by the owner of the property located at 431 N. Van Buren Street on April 30, 1992, and recorded on July 8, 1992, in Book 1401, Pages 32-43 in the Johnson County Recorder's Office and a UCC Financing Statement recorded February 6, 1993 in Book 1522, Page 47 in the Johnson County Recorder's Office covering the following -described real estate: The east 50 feet of the north 75 feet of Lot 1 in Block 49, in Iowa City, Iowa, according to the plat thereof recorded in Book 1, page 116, Plat records of Johnson County, Iowa. WHEREAS, said documents created a lien against the subject property; and WHEREAS, the balance of the loan is currently $7,600 under the terms of the Rental Rehabilitation lien; and WHEREAS, First National Bank, Johnson County, Iowa, proposes to loan the sum of $54,500 on a promissory note to be executed by the owner of 431 N. Van Buren Street securing a mortgage covering the real estate described above; and WHEREAS, First National Bank has requested that the City execute the subordination agreement, thereby making the City's liens subordinate to the lien of said mortgage made by First National Bank; and WHEREAS, there is sufficient value in the above-described real estate to secure the City's liens as subordinate liens. 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 First National Bank of Iowa City, Johnson County, Iowa. Passed and approved this 12th day of April 1994. 4A )?2. ; MAYOR Approved by ATTEST: CIT LERK City Attorney's off, y-t2-9- ppdrehab\431nvanb.res 53 Resolution No. g4_g4 Page 2 It was moved by NOW 014 and seconded by Pigott the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: X Baker X Horowitz x_ Kubby X Lehman X Novick X Pigott X Throgmorton 53 RESOLUTION NO. 94-94 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE EXECUTED FOR PROPERTY LOCATED AT 427 CLARK STREET, IOWA CITY, IOWA. WHEREAS, on May 7, 1990, the property owner of 427 Clark Street, Iowa City, Iowa, executed a Promissory Note to the City of Iowa City in the amount of $2,055 in exchange for a no -interest rehabilitation loan; and WHEREAS, said Promissory Note created a lien against the subject property; and WHEREAS, the balance due was paid in full on March 29, 1994. 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 affected property from an obligation of the property owner at 427 Clark Street to pay to the City the principal amount of $2,055, which obligation was recorded in Book 1125, Page 214 of the Johnson County Recorder's Office. Passed and approved this 12th day of April , 1994• ATTEST: CITY CLERK MAYOR � Approved by `J U- - City Attorney's Off' e 41 7— ?V It was moved by Novick and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R Baker X Horowitz X Kubby X Lehman Novick Pigott X Throgmorton ppdrehab\427clark. res ps 3V_ RELEASE OF LIEN The City of Iowa City does hereby release the following property: Lot "C", subject to a right of way for drive over the south 3Y2 feet of the east 78 feet thereof; also a right of way for drive over the north 3'/z feet of the east 78 feet of Lot "B", all in the sub -division of part of Lots 5 and 6, Block 4, Summit Hill Addition to Iowa City, Iowa, and the south 38 feet of the north 293 feet of the west 357 feet of the northwest quarter of the northwest quarter of Section 14, Township 79 North, Range 6 West of the 5th P.M. according to the plat of said sub -division recorded in Plat Book 2, page 23, Plat Records of Johnson County, Iowa. from an obligation of the property owner of 427 Clark Street to the City of Iowa City in the principal amount of $2,055 represented by a Promissory Note recorded in the Office of the Johnson County Recorder's Office on May 11, 1990, in Book 1125, Page 214. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. CITY OF IOWA CITY By: Mayor Attest:Approved by: City Clerk G0a% City -- CityAttorney's Of c y_ 7 _y STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this 12 day of Q ,� 19� , before me, Srn,dcra— For 1— a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. qmi� -_cL� passed by the City Council, on the ILt day of Aar,l , 19--4_, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 5CncbiAJ 1I� Notary Public in and for the State of Iowa ppdreha0\427c1ark.M1 -� aQj`U ?>L) RESOLUTION NO. g4_g5 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OFA REHABILITATION AGREEMENT AND MORTGAGE FOR PROPERTY LOCATED AT 1421 EAST DAVENPORT STREET. WHEREAS, on March 20, 1991, the property owners of 1421 E. Davenport Street, Iowa City, Iowa, executed a Promissory Note and Mortgage to the City of Iowa City in the amount of $3,380 in exchange for a low-interest loan; and WHEREAS, the property owners also executed a Rehabilitation Agreement for the property; and WHEREAS, said documents created a lien against the subject property; and WHEREAS, the loan was paid in full but only the Promissory Note was released on November 5, 1991; and WHEREAS, the Rehabilitation Agreement and the Mortgage, inadvertently omitted from the original release, still constitute a cloud on the title to the above -referenced property. 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 affected property from an obligation of the property owners at 1421 East Davenport Street to pay to the City the principal amount of $3,380, which obligation was recorded in Book 1214, Pages 117-120 and 122-125 of the Johnson County Recorder's Office. Passed and approved this 17th day of Apr;, , 1994• ATTEST: `/(a�u�sJ R'• CITY- CLERK ppdrehab\1421 davn.res MAYOR Approved by City Attorney's Offi y- 7 —9Y 95 Resolution No. 94-95 Page 2 It was mdved by N,,,,4 l and seconded by Pigott the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: X Baker �— Horowitz �— Kubby g Lehman g Novick X Pigott X Throgmorton 55 RELEASE OF REHABILITATION AGREEMENT & MORTGAGE The City of Iowa City does hereby release the following property: Lot Twenty (20) in Walden's Subdivision of Irish Tract, in Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the property owners of 1421 E. Davenport Street to the City of Iowa City in the principal amount of $3,380 represented by a Rehabilitation Agreement and Mortgage recorded in the Office of the Johnson County Recorder's Office on March 27, 1991, in Book 1214, Pages 117-120 and 122-125. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. Attest:%�. •� City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY) CITY OF IOWA CITY By: jt�af� Mayor 17 Approved by: City Attorney's Offi V- -7- 9V On this /?-t day of Q, . \ , 19qf- , before me, Sb„�l�wa �� A- a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. 9-t-- 95 passed by the City Council on the r 2+!. day of Q.,r: 19_, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. S, „ T�- Notary Public in and for'the State of Iowa ppdrehab11421davn.m1 a RESOLUTION NO. 94-96 RESOLUTION APPROVING THE FY95, 96, 97, 98, AND 99 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1994, TO JUNE 30, 1999. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, JOHNSON COUNTY, IOWA, that the Official Report of Municipalities for Street Construction Program from July 1, 1994, to June 30, 1999, be approved. Passed and approved this 12th day of April , 1994• MAYOR �,, // // Approved by ATTEST: /��ieeaix� 9T • �a�/ CIT LERK Ci y Attorney's Office �%/may It was moved by Novi rk and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker g Horowitz g Kubby X Lehman X Novick X Pigott pweng\rptmunic.res Throgmorton 3-K RESOLUTION NO. 94-97 RESOLUTION APPROVING FINAL PLAT OF MOUNT PROSPECT ADDITION, PART VII, IOWA CITY, IOWA. WHEREAS, the owner, Frantz Construction Co., Inc., filed with the City Clerk the final plat of Mount Prospect Addition, Part VII, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northeast Corner of the Northwest Quarter of Section 23, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S01 °39'10"E, 375.40 feet, to the Centerline of U.S. Highway No. 6, at Centerline Station 222+12.6; Thence S01 °20'10"E, along the Centerline of Sycamore Street, 2951.40 feet; Thence N88146'56"E, 35.00 feet, to a Point on the Easterly Right -of -Way Line of said Sycamore Street, said Point being the Southwest Corner of Mount Prospect Addition, Part V, in accordance with the Plat thereof recorded in Plat Book 32, at Page 286, of the Records of the Johnson County Recorder's Office and the Point of Beginning; Thence continuing N88146'56"E, along the South Line of said Mount Prospect Addition, Part V, 601.97 feet; Thence S01 °13'04"E, 125.00 feet; Thence N88046'56"E, 55.80 feet; Thence S01113'04"E, 350.00 feet; Thence S88046'56"W, 34.00 feet; Thence S01 °13'04'E, 132.02 feet; Thence S88000'28"W, 622.56 feet, to a Point on the Easterly Right -of -Way Line of said Sycamore Street; Thence N01 120'10"W, along said Easterly Right -of -Way Line, 615.44 feet, to the Point of Beginning. Said tract of Land contains 8.95 Acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all. other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. Resolution No. 94-97 Page 2 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 12tb day of Apri i , 1994. "1 A . c MAYOR Approved by ATTEST: _%a,�7 • ���— CITY CLERK City Attorney's Office.' ..a 1'. yY It was moved by Nervi r1c and seconded by Saber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: y Baker X_ Horowitz X Kubby X Lehman X Novick Pigott Throgmorton ppdadmin\mtpros7.ms 97 /fie' a4?- RESOLUTION NO. 94-98 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROHRET ROAD PEDESTRIAN BRIDGES PROJECT, STP -U-3715(1)--70-52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project were published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Passed and approved this 12th day of April 1994. MAYOR Approved by ATTEST: ..�i\K'=� ^� CIT CLERK ity Attorney's Office It was moved by Novick and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: pweng\pedbridg.res Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 94_g9 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PRIMARY ROAD SYSTEM PROJECT NO. NHS -6-7(41)--19-52 (REVISED) AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project were published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Passed and approved this 12th day of April , 1994. AYOR �— 1J Approved y ATTEST:au� u% 7S • `� ✓ CIT CLERK OCity Attorney's Office It was moved by Novick and seconded by Throemorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker g Horowitz g Kubby X Lehman X Novick x Pigott Throgmorton pweng\roadsyst.res 99 ��es ?) c/ - RESOLUTION NO. 94-100 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL LEACHATE CONTROL SYSTEM 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. 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. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 3rd day of May, 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 1 Oth day of May, 1994, or at such later time and place as may then be fixed. Passed and approved this t 7+-h day of April , 1994. ATTEST: //r'� 9i %I� CITY CLERK pwengVeachate.res MAYOR �\Ap oved y� ity Attorney's Office 1C) ?Ke5 iS/L RESOLUTION NO. 94-101 RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE THE PROPERTY DESCRIBED AS THE SOUTHWEST QUARTER (SW'/4) OF THE SOUTHWEST QUARTER (SWI/4) OF SECTION 14, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH P.M. WHEREAS, the City of Iowa City provides solid waste disposal services to its citizens, and WHEREAS, the City of Iowa City also provides solid waste disposal services to Johnson County, including both incorporated and unincorporated cities located therein, together with the cities of Riverside and Kalona, and WHEREAS, solid waste disposal services are provided at a sanitary landfill located primarily in the Southeast Quarter of Section 14, Township 79 North, Range 7 West of the 5th P.M., and WHEREAS, the Iowa Department of Natural Resources requires sanitary landfills to provide daily soil cover over exposed solid waste and a final soil cover cap prior to closure, and WHEREAS, there is not a sufficient amount of soil from excavations at the existing site to provide daily and final soil cover, and WHEREAS, Jeffrey E. Myers, the owner of property legally described as the Southwest Quarter (SWY4) of the Southwest Quarter (SW'/4) of Section 14, Township 79 North, Range 7 West of the 5th P.M. has agreed to the sale of said property for $52,500, subject to said Council approval, and WHEREAS, the Department of Public Works has determined that ownership of this property would enable the City to more effectively and economically provide the required soil cover. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that: 1. The City Council finds that it is in the public interest to purchase the Southwest Quarter (SWY4) of the Southwest Quarter (SW'/4) of Section 14, Township 79 North, Range 7 West of the 5th P.M. for the purpose of providing landfill soil cover material or for any other landfill purpose. 2. The City of Iowa City's purchase by warranty deed'of the Southwest Quarter (SWY4 ) of the Southwest Quarter (SWI/4) of Section 14, Township 79 North, Range 7 West of the 5th P.M. for $52,500.00, subject to the conditions of the purchase agreement, is hereby approved, and the City Manager is hereby authorized to execute and accept all necessary documents to consummate the purchase. 3. The City Clerk is hereby authorized and directed to record said warranty deed upon approval by the City Attorney. /01 Resolution No. 94-1ol Page 2 Passed and approved this 12th day of April , -1994. ,MAYOR �) Approved y ATTEST: �aA�z J %i. CIT CLERK ity Attorney's Office It was moved by Pigott and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick 1— Pigott x Throgmorton pweng\salidwst.res IN RESOLUTION NO. 94-102 RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERM- ANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE ROHRET ROAD RECONSTRUCTION PROJECT. WHEREAS, the City of Iowa City has undertaken a project to reconstruct Rohret Road from Mormon Trek to the City limits, which project is known as the Rohret Road Reconstruction Project ("Project"); and WHEREAS, the Project includes new Portland Concrete Cement pavement, curb and gutter, storm sewer, and sidewalks; and WHEREAS, the City Council has been advised and has determined that the acquisition of right- of-way, permanent easements and temporary construction easements is necessary for construction of the Project; and WHEREAS, the City Engineer will determine the location of the necessary right-of-way, permanent easements and temporary construction easements; and WHEREAS, the City staff should be authorized to acquire said right-of-way, permanent easements and temporary construction easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . It is in the public interest to acquire right-of-way, permanent easements and temporary construction easements for the construction of the improvements included in the Rohret Road Reconstruction Project, and acquisition of said right-of-way, permanent easements and temporary construction easements constitutes a valid public purpose. 2. The City Engineer or his designee is hereby authorized and directed to negotiate the purchase of right-of-way, permanent easements and temporary construction easements for the construction of the improvements included in the Rohret Road Reconstruction Project. 3. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute Right-of-way, permanent easements and temporary construction Easement Agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 4. In the event right-of-way, permanent easements and temporary construction easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such right-of- way, permanent easements and temporary construction easements. /oZ Resolution No. 94-102 Page 2 Passed and approved this 1,)rh day of 1994. Mme/ YO� Approved by ATTEST: CIT CLERK ity Attorney's Office It was moved by Thro=orton and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker g Horowitz X Kubby X Lehman X Novick Pigott x Throgmorton pweng\rohret.res �\ L , I � ler, RESOLUTION NO. 94-103 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to construct necessary facilities to begin landfilling operations on the western portion of the currently permitted site; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Shive-Hattery Engineers and Architects, Inc., of Iowa City, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to execute and enter into said Agreement with Shive- Hattery Engineers and Architects, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Agreement By and Between the City of Iowa City, Iowa, and Shive-Hattery Engineers and Architects for the Provision of Engineering Services, attached hereto and made a part hereof, be and the same is hereby approved as to form and content. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this t 7rh day of April , 1994. ATTEST: cj `JI'wtitJ CITY CLERK pweng\landfill.res MAYOR Approved bi/�9 ity Attorney's O Tice ' /D3 CONSULTANT AGREEMENT This Agreement made and entered into between the City of Iowa City, Iowa, a municipal corporation ("City") and Shive-Hattery Engineers and Architects, Inc., of Iowa City, Iowa ("Consultant'). WHEREAS, the City of Iowa City desires to retain engineering services to lay out an overall proposal for future expansion of the Iowa City Landfill into the western half of the Landfill, with cells to be approximately sized for six (6) acres per cell; and WHEREAS, the City of Iowa City also wishes to obtain engineering services for evaluation and design of leachate pumping facilities, a force main and gravity sewer to upgrade the leachate management system at the Landfill, for both current and future use; and WHEREAS, the City also wishes to obtain engineering services for upgrading of the hydro - geologic monitoring system for the Landfill site, both current and future, and also obtain modification of the Landfill permit from the Iowa Department of Natural Resources, as required by law; and WHEREAS, City and Consultant have negotiated an agreement for provision of such services. NOW, THEREFORE, in consideration of the mutual promises herein, City and Consultant agree as follows. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Task 1 - Preliminary Investigation A. This task will include preliminary activities necessary for the ultimate design of certain improvements to the Landfill, and updating of the leachate monitoring system and permit. More specifically, this task will include preliminary investigation for the following overall design and engineering tasks: 1. Design proposal for future expansion of Landfill into the western half of the Landfill, moving laterally, with the cells to be approximately sized for six acres per cell. 2. As a preliminary task to the ultimate design of this future lateral expansion, the Consultant agrees to do the following: a. Aerial photography, surveying and mapping of the area. b. Produce a map of the proposed expansion into the western half. c. Produce a map of the proposed expansion into the eastern half, including vertical expansion of FY91 cell. r0 -2- d. Soil borings as needed for the overall design, both lateral and vertical expansion. 3. Preliminary tasks needed to delineate the construction debris now present in the existing Landfill, on the western half, so that that area can be properly identified and set aside in the overall future expansion of the Landfill, moving laterally. Specific tasks needed to obtain this information include soil borings, aerial photography, surveying and soils testing, as required in order to comply with Chapter 45513, Code of Iowa (1993) and Chapter 567-110, Iowa Administrative Code (IAC), for new landfill construction. 4. Preliminary work needed to design a lift station, in order to effectuate more efficient leachate pumping facilities, together with evaluating potential sanitary sewer routes, lift station locations, and force main routes. Specific tasks needed to accomplish this task include: a. Field evaluation of potential sewer routes, lift station and force main routes. b. Aerial photography, surveying and mapping of the location and routes selected in field evaluation for the lift station, sewer routes and force main routes, for ultimate use in design of the facilities. c. Soil borings along the route selected for the lift station, sewer routes and force main routes, for ultimate use in design of the facilities. 5. Preliminary tasks needed to upgrade the hydrogeologic monitoring system for the Landfill site, and update the DNR permit, for both current and future expansion of the Landfill. Specific tasks needed to accomplish this task include: a. Any soil borings or soil testing required by the DNR. b. Installation of groundwater monitoring wells in the western half of the site, as necessary to comply with Chapter 567-110, IAC requirements for new landfill construction. This task is to be accomplished for the entire proposed expansion of the western half, moving laterally, as well as moving vertically for FY91 cell area. c. Surveying of the well locations and elevations of the soil borings and new wells, as required by the DNR regulations. d. Gathering preliminary information for ultimate submission to the DNR. 1b3 -3 - Task 2 - Design Services This task will include detailed engineering services necessary for the following tasks: A. Lateral expansion of the Landfill into the western half. B. Detailed design of the vertical expansion of FY91 cell area in the eastern half of the Landfill. C. Design of the leachate management system, including lift station, force main and gravity sewer locations. D. Preparation of addenda to the Hydrogeologic Investigation Report (HIR), Hydrogeologic Monitoring System Plan (HMSP), Leachate Control Plan, and closure/post-closure plan, and modification of the Landfill permit. Specific activities related to each task are as follows: 1. Design of the lateral expansion of the Landfill, and vertical expansion of FY91 cell area in the eastern half. a. Preparation of plans and specifications for the first phase of the future expansion of the Landfill, moving laterally, to the western half of the existing property, to be known as the first phase or FY94 cell. b. Modification of the leachate control plan and closure/post-closure plans will be included in these designs. 2. Lift Station, Force Main and Gravity Sewers. Specific activities related to this task include: a. Preparation of plans and specifications for gravity sewers, lift station and force main needed to convey leachate from the Landfill, from both east and west sides of the Landfill, to the City's wastewater facility. b. Preparation of easement descriptions of the sanitary sewer, force main routes, area for the lift station and access road to the lift station. c. Preparation of estimated costs for the project of constructing the lift station, force main, sanitary sewer and access road. -4 - Task 3 - Modification of the Hydrogeologic Investigative Report for the entire proposed future expansion of the facility, which will include data obtained during Task 1; Modification of the Hydrogeologic Monitor System Plan to include the new monitoring wells installed during Task 1. Reports Specific activities related to reporting to the DNR include submission of documents prepared, as required by the Iowa Department of Natural Resources for approval and inclusion into the Landfill facility permit, with revisions as required. Task 4 - Construction Services. A. This task includes the activities necessary for bidding, and engineering services during construction of the lift station, sanitary sewers, force main, and also the first phase of the lateral expansion, known as FY94 cell area. Specific tasks include the following: 1. Bidding services including preparation of bid documents, attending pre-bid meetings, responding to contractor questions, evaluating bids, and attending a pre -construction meeting. 2. Surveying, in order to provide staking of sanitary sewer and force main routes, lift station location, and surveying and staking needed for the first phase of the FY94 cell area construction. 3. Periodic observation of construction activities for compliance with plans and specifications. 4. Testing of soil compaction and concrete strength, as required by specifications. 5. Engineering services during construction and system startup. 6. Project close-out including review of final payment estimate, final inspection and other services. II. CITY RESPONSIBILITIES The City will be responsible for providing the following items: A. Information available to the City which pertains to the existing Landfill, and also for the existing Wastewater Treatment facilities near the proposed lift station location. B. Easement acquisition, rights of entry onto property to perform the necessary evaluation of the potential sanitary sewer, lift station and force main locations. C. Payment of any fees necessary for easements or permits. lo3 -5- 111. TIME OF COMPLETION The consultant shall complete the following tasks of the Project in accordance with the schedule shown. Task 1 - Preliminary Investigation Item A Route Evaluation Item B Route Mapping Item C Soils Investigation - Route Item D Soils Investigation - Landfill Item E C and D Area Delineation Item F Monitoring Well Installation Item G Surveying of Borings and Wells Task 2 - Design Services Item A Landfill Plans and Specifications Item B Leachate Conveyance System Plans and Specifications Item C HIR and HMSP Modifications Item D Easement Descriptions Item E Submission of Documents to Iowa DNR Item F Construction Cost Opinion Task 3 - Construction Services April 30, 1994 May 15, 1994 May 15, 1994 May 30, 1994 May 30, 1994 May 30, 1994 June 15, 1994 July 30, 1994 July 30, 1994 June 30, 1994 July 30, 1994 August 15, 1994 August 30, 1994 Scheduling for construction services will depend on Iowa DNR and City Council approval of the plans developed in Task 2 and the schedule of the contractor selected to perform the construction activities. IV. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section V. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. I 03 C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. The Consultant shall furnish the services of Mr. Larry Morgan and Mr. H. Scott Byrum to attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. Charles Schmadeke and Richard Fosse will act as the City's representatives with respect to the work to be performed under this Agreement. These two persons shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the work presented under this Agreement. I. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. J. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. K. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. L. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. M. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. 103 -7- N. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. V. COMPENSATION FOR SERVICES Consultant agrees to provide the services described above for the following lump sum amounts: Task 1 - Preliminary Investigation Item A Route Evaluation $ 5,000 Item B Route Mapping 15,000 Item C Soils Investigation - Route 6,000 Item D Soils Investigation - Landfill 45,000 Item E Delineation of western half of existing property fill area, cell configuration, force main and gravity sewer route & lift station location 10,000 Item F Monitoring Well Installation 27,000 Item G Surveying of Borings and Wells 3.000 Lump Sum Task 1 $111,000 Task 2 - Design Services Item A Landfill Plans and Specifications $ 63,000 Item B Leachate Conveyance System Plans and Specifications (Lift station, force main and gravity sewers) 36,000 Item C HIR and HMSP Modifications 9,000 Item D Easement Descriptions 7,000 Item E Submission of Documents to Iowa DNR Incld. in 2A Above Item F Construction Cost Opinion Incid. in 2A Above Lump Sum Task 2 $115,000 Task 3 - Construction Services Item A Bidding Services $ 5,000 Item B Construction Staking 5,000 Item C Construction Observation 34,000 Item D Testing 2,000 Item E Engineering During Construction 8,000 Item F Project Close -Out Services 5,000 Lump Sum Task 3 $59,000 TOTAL FEE. The City shall pay consultant for services described in Tasks 1, 2 and 3 above a total lump sum fee of $285,000.00. /D3 W -M VI. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: r Title: Mayor Date: April 19t 1994 FOR THE CONSULTANT Bv'*�.�" Larry . Mo ga Title: Vice President Date: //-/– 15--9�/ ATTEST: 2 �a� Cityler— k Approved By G> ty Attorney's Office �el D e Nandfill.agt 03 7SIL RESOLUTION NO. 94-104 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. WHEREAS, the 1994 Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY94 and FY95; and WHEREAS, it is in the public interest to occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the attached schedule of fees and charges for parks and recreation services and programs be adopted. Passed and approved this 12th day of April 1994. MAYOR Approved b� ATTEST:w.cca�,J tii • vCw.vi/ CIT CLERK Ci y Attorney's Office // /0 It was moved by Throgmorton and seconded by N,,,,; ck the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: R Baker x Horowitz Kubby x x Lehman x Novick x Pigott _x Throgmorton parksrec\fees.res =91 lbf CITY OF IOWA CITY PARKS AND RECREATION DEPARTMENT MEMORANDUM TO: City Council FROM: Terry Trueblood, Director of Parks & Recreation DATE: April 7, 1994 RE: Fees and Charges Attached for your review is a compilation of recreation fees and charges for FY95-FY97. An item on your April 12th agenda is a resolution to adopt these proposals, which have been reviewed and adopted by the Parks and Recreation Commission. Some of the FY95 fee increases, if approved, will actually be implemented in late FY94 due to the fact that the summer season begins in FY94 but continues into FY95. The FY96 and FY97 proposals are tentative, and will be reviewed annually prior to adoption and implementation. You may recall that past policy has been to adopt certain fees (primarily those for facility and equipment reservations/ rentals) by ordinance. It has been determined by the City Attorney that this is not necessary, and is more appropriate to adopt these fees by resolution. The new code which will be coming to you in May, 1994 for adoption will reflect this procedural change. I plan to be in attendance at your April 12th meeting should you have any questions. Attach. lbf 1/7/94 C i ty o f 2 owa City Parks and Recreation Dapar tment RECREAT2 ON D 2V2 S 2 ON FEES & CHARGES FYs 8 - FY9 4 PROPOSED FY9 s and TENTAT Z VE PROPOSALS FOR FY 9 6 FY 9 7 (to be reviewed annua 1 1Y ) SPORTS /Wt LLNEs s Aerobics - FY88 FY89 90 Y91 FY92 FY93 5 classes 10 classes 6.50 6.50 6.50 6.50 6.75 6.75 Pass 13.00 13.00 13.00 13.00 13.50 13.50 Punch card NA 23.00 23.00 23.00 23.50 23.50 Fitness NA NA NA NA NA NA 12.00 13.00 13.00 13.00 13.00 13.50 13.50 S8/8B Field Rental - 15.00 17.50 7.50 7.50 ) 8.75 Without lights With lights 5.00 5.00 5.00 5.00 6.00 6.00 15.00 15.00 15.00 15.00 15.00 18.00 18.00 Adult Softball - 20.00 18.00 18.00 5,850 18.00 21.00 Summer leagues Fall leagues 300.00 300.00 300.00 300.00 310.00 310.00 Forfeit fee NA 140.00 155.00 155.00 160.00 160.00 10.00 10.00 10.00 10.00 10.00 10.00 Adult Volleyball - Indoor leagues Outdoor leagues 70.00 70.00 70.00 70.00 75.00 75.00 Forfeit fee NA 40.00 40.00 40.00 45.00 45.00 10.00 10.00 10.00 10.00 10.00 10.00 Adult Basketball - League fee fee 155.00 160.00 160.00 160.00 165.00 165.00 .Forfeit 10.00 10.00 10.00 10.00 10.00 10.00 High School Basketball - Player fee 7.25 7.25 NA NA NA NA League fee NA NA 50.00 60.00 70.00 70.00 Racquetball - Court fee, per hr. Lessons (1 hr.) 2.50 5.00 2.50 2.50 2.50 2.50 2.50 5.00 5.00 5.00 5.00 5.00 Youth Football Youth Volleyball 7.25 10.00 10.00 10.00 10.00 10.00 Youth Basketball 7.25 10.00 10.00 10.00 10.00 10.00 7.25 10.00 10.00 10.00 10.00 10.00 Youth Gymnastics - 5 sessions 10 sessions 6.00 6.00 6.00 6.00 7.00 7.00 12.00 12.00 12.00 12.00 14.00 14.00 Youth Tennis (lo) Adult Tennis (10) 10.00 12.00 12.00 12.00 12.00 12.00 NJTL Tennis (24) 10.00 12.00 12.00 12.00 12.00 12.00 * 10 -punch pass (unlimited 10.00 12.00 number sold; 12.00 interchangeable 12.00 12.00 12.00 •* 15 -punch pass (unlimited number sold; interchangeable with Aquacise classes) with Aquacise classes) CY 41 Estimated Proposed Total Tentative Tentative FY94 €Y95 Revenue FY96 FY97 7,50 8.75 ) 15.00 17.50 ) NA NA 17.50+ 30.00+• 15.00 17.50 6.50 6.50 20.00 20.00 325.00 330.00 170.00 175.00 10.00 10.00 80.00 80.00 50.00 50.00 10.00 10.00 8.75 14,437 17.50 See Aquacise 30.00 5,145 17.50 7.00 2,400 22.00 42,240 330.00 8,400 175.00 300 10.00 14,040 85.00 1,000 55.00 300 10.00 10.00 20.00 33.75 17.50 7.00 22.00 335.00 180.00 10.00 85.00 55.00 10.00 175.00 175.00 14,000 180.00 180.00 10.00 10.00 150 10.00 10.00 NA NA NA NA 75.00 75.00 1,200 80.00 80.00 2.50 2.50 1,855 2.50 2.50 5.25 5.25 105 5.50 5.50 12.00 15.00 9,750 15.00 17.50 12.00 15.00 1,875 15.00 17.50 12.00 15.00 6,000 15.00 17.50 7.50 7.50 ) 8.75 8.75 15.00 15.00 ) 4,700 17.50 17.50 12.00 15.00 768 15.00 17.50 12.00 17.50 1,312 17.50 20.00 18.00 18.00 5,850 18.00 21.00 TOTAL S/W REVENUE 35 27 BOLI T/ RTI AT e8 Dark Room (2 hr. use) 4.00 Potter's Studio - Card (4 months) 20.00 Clay (25 lbs) 4.50 Kindergrounds - M-0 1 day/week 3.00 2 days/week 6.00 Children's Theatre 12.00 Science & Nature 6-12 Children's Cultural 6.00 .Adult Cultural 25.00 Children's Social 2-5 Summer Camp: 2 wk. sessions - one session 100.00 Two sessions 170.00 Three sessions 225.00 Four sessions 260.00 Supervised Play 12.00 FREE PROGRAMS: 7.00 Summer Playgrounds 20.00 4.50 Halloween Parade/Carnival 20.00 Swim Fest 24.00 Arts Fest 34.00 Golden Age Christmas Dinner Misc. other special events TOTAL SOCIAL/CULTURAL REVENUE Estimated FYB9 M-0 FY91 Proposed Total Tentative Tentative PY92 EM FY944 EM Revenue FY96 FY97 4.00 4.00 4.00 6.00 6.00 6.00 7.00 350 7.00 7.00 20.00 4.50 20.00 20.00 24.00 24.00 30.00 34.00 2,040 34.00 40.00 7.00 8.00 10.00 10.00 Cost + 5% Cost + 5% 1,800 Cost + 5% 2.50 5.00 2.50 5.00 2.50 3.00 3.00 3.00 3.50 ) 3.50 4.00 5.00 6.00 6.00 6.00 7.00 ) 2,675 7.00 8.00 12.00 12.00 12.00 15.00 15.00 15.00 17.50 3,900 17.50 20.00 6-12 6-12 6-12 7.50-15 7.50-15 7.50-15 8.75-17.50 1,050 8.75-17.50 10-20 6.00 6.00 6.00 7.50 7.50 7.50 8.75 5,750 8.75 10.00 25.00 25-35 25-35 30-45 30-45 35-45 40-50 8,750 40-50 45-55 4-8 4-8 4-8 5-10 5-10 6-12 7-14 19,000 7.50-15 8-16 100.00 180.00 90.00 180.00 100.00 105.00 105.00 110.00 115.00 ) 115 120 235.00 270.00 200.00 300.00 210.00 210.00 220.00 230.00 ) 230 240 270.00 360.00 400.00 315.00 420.00 315.00 420.00 330.00 440.00 345.00 ) 345 360 12.00 12.00 12.00 14.00 14.00 15.00 46000 . 16.00 ) 97600 , 460 460 6,400 16 16 TOTAL SOCIAL/CULTURAL REVENUE AQUATICS Daily Admissions - Youth Adult 88 FY89 FY90 FY91 Fy92 .75 •75 •75 .75 1.00 1.50 1.50 1.50 1.50 1.50 Punch Cards - 12.75 Youth (20 adm.) 12.75 Adult (20 adm.) 25.50 Summer Passes - 25.50 Youth 30.00 Adult 45.00 Family 75.00 1st addition 15.00 2nd addition 7.50 Other additions 7.50 Annual Passes - 15.00 Youth 55.00 Adult 80.00 Family 135.00 1st addition 27.50 2nd addition 13.75 Other additions 13.75 12.75 12.75 12.75 17.00 25.50 25.50 25.50 25.50 30.00 30.00 30.00 40.00 45.00 50.00 50.00 50.00 75.00 80.00 80.00 90.00 15.00 15.00 15.00 10.00 7.50 7.50 7.50 10.00 7.50 7.50 7.50 10.00 55.00 55.00 55.00 Estimated 73.00 73.00 82.00 80.00 Proposed Total Tentative Tentative FY93 FY94 FY95 Revenue FY96 FY97 1.00 1.00 1.00 49,466 1.00 1.00 1.50 1.50 1.50 60,459 1.50 1.50 TOTAL DAILY ADMIssioN3 S109.925 20.00 20.00 17.00 17.00 17.00 6,327 17.00 17.00 25.50 25.50 25.50 9,897 25.50 25.50 TOTAL PUNCH CARDS li-61-W 15.00 15.00 40.00 40.00 45.00 8,955 45.00 45.00 50.00 50.00 60.00 8,400 68.00 68.00 90.00 90.00 105.00 4,725 113.00 113.00 10.00 10.00 10.00 50 10.00 10.00 10.00 10.00 10.00 50 10.00 10.00 10.00 10.00 10.00 40 10.00 10.00 55.00 55.00 55.00 73.00 73.00 73.00 82.00 80.00 90.00 90.00 90.00 90.00 90.00 105.00 135.00 145.00 145.00 163.00 163.00 163.00 187.00 27.50 27.50 27.50 20.00 20.00 20.00 20.00 13.75 13.75 13.75 20.00 20.00 20.00 20.00 13.75 13.75 13.75 20.00 20.00 20.00 20.00 15.00 15.00 15.00 TOTAL PA88E3 Pool Rentals (per hr.) - 82.00 123.00 123.00 205.00 205.00 20.00 General Public: 20.00 20.00 20.00 20..00 Rec Center NPAC 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25-50 Swim Club: NA 75.00 75.00 75.00 75.00 75.00 75.00 75.00 25 yard/meter 50 yard/meter 0 0 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00• 15.00 15.00 15.00 TOTAL RENTALS * A $30.00 fee was •* Exclusive use of proposedbut not entire adopted by Council, after being contested by the Swim Club. eight lanes of the pool 3,690 21,840 6,545 100 100 100 554,595 1,500 (Total) 13,000 (Total 500 82.00 82.00 123.00 123.00 205.00 205.00 20.00 20.00 20.00 20.00 20.00 20..00 25-50 25-50 75.00 75.00 15.00 15.00 30.00** 30.00** AQUATICya FYBB Instructional Programs - Parent/Tot (10 @ 45 min.) 12.00 Preschool (10 @ 45 min.) 15.00 *Red Cross Basic Lessons (10 @ 45 min.) 12.00 Private Lessons (5 bra.) NA Adult (10 @ 45 min.) 15.00 Basic Rescue & Water Safety 19.00 *Basic Water Safety (10 bra.) NA *Emergency Water Safety (10 bre.) NA Advanced Lifesaving 27.00 *Lifeguarding (30 bra.) NA *Water Safety Aide (20 bra.) 21.00 *Water safety Instructor (40 bra.) 36.00 *Advanced Swimmer Diving10 s.) 16.00 (30 @ 45 min.) 12.00 12.00 15.00 12.00 25.00 15.00 19.00 NA NA 27.00 NA 21.00 36.00 16.00 15.00 FY90 12.00 15.00 12.00 25.00 15.00 NA 16.00 19.00 NA 46.00 21.00 60.00 16.00 15.00 * These fees include a $1.00 surcharge required by the American Red Cross. Estimated Proposed Total Tentative Tentative FY91 FY92 FY93 FY94 FY95 Revenue FY96 FY97 12.00 12.00 12.00 15.00 15 3,789 15 17.50 15.00 15.00 15.00 15.00 15 13,260 15 17.50 12.00 12.00 12.00 16.00 16 34,098 16 18.50 25.00 25.00 25.00 26.25 26.25 8,209 27.50 27.50 15.00 15.00 15.00 20.00 20 631 20 20 NA NA NA NA 16.00 16.00 16.00 18.50 18.50 253 18.50 21 16.00 16.00 16.00 18.50 18.50 253 18.50 21 NA NA NA NA 46.00 46.00 46.00 53.50 53.50 1,263 53.50 61 21.00 21.00 21.00 36.00 36 253 36 41 60.00 60.00 60.00 71.00 71 379 71 81 16.00 16.00 16.00 18.50 18.50 126 18.50 21 15.00 15.00 15.00 15.00 15 631 15 17.50 TOTAL INSTRUCTIONAL PROGRAMS 63.145 * These fees include a $1.00 surcharge required by the American Red Cross. AOUATICB EM FY89 Aquacise (per hr.) 1.50 1.50 Aqua -Pass NA 36.00 Aqua -Punch NA NA Lockers - Tentative EMFY91 City Park .10-.50 .10-.50 Mercer Park .10-.50 .10-.50 (see Recreation Center listings) 1.50 10 -punch pass (unlimited number sold; interchangeable with aerobics classes). ** 15 -punch pass (unlimited number sold; interchangeable with aerobics classes). ' Estimated Proposed Total Tentative Tentative EMFY91 FY92 FY93 FY94 FY95 Revenue FY96 PY97 1.50 1.50 1.50 1.50 1.50 1.75 12,005 1.75 2.00 36.00 55.00 NA NA NA NA NA NA NA NA 17.50* 17.50* 17.50* 30** 12.000 30.00** 33.75** TOTAL AQUACISE/AQUA-PUNCH 4 0 10-.50 .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 1,400 .10-.50 .10-.50 10-.50 .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 7.100 .10-.50 .10-.50 TOTAL LOCKERS 6 00 TOTAL AQUATICS REVENUE IMAM 10 -punch pass (unlimited number sold; interchangeable with aerobics classes). ** 15 -punch pass (unlimited number sold; interchangeable with aerobics classes). SPECIAL POPM ATION FYBB FY89 FY90 £`12.7. FY92 FY93 SPI Clubs 4.00 4.00 4.00 4.00 4.00 4.00 SPI Special Events 8.00 8.00 8.00 8.00 10.00 10.00 SPI Rec Programs 5.00 5.00 5.00 5.00 5.00 5.00 SPI Adapted Aquatics 7.50 7.50 7.50 7.50 10.00 10.00 SPI Clubs *Goodtimer Club *Coffeehouse club Sibship SPI Special Events *Bowling Tournament 5 Banquet Sports Day Special Olympics Competitions Halloween Dance Other Holiday Special Events Summer Picnic Friends Program Misc. Others SPIAdep d Aawa 1 *Swim instruction for persons w/physical limitations only *Swim instruction for children and adults w/special needs * Programs/activities for which fees are assessed. SPI Rec Programs SPORTS i FITNESS: Estimated Proposed FY94 FY95 4.00 5.00 10.00 10.00 5.00 7.50 5.00 (1.50/class) 10.00 10.00• SPI Rec Programs SPORTS i FITNESS: Estimated Softball Basketball Total Tentative Tentative Revenue PY96 FY97 300 5.00 6.00 750 10.00 12.00 2,500 7.50 7.50 400 10.00 15.00 *Aerobic Dance Softball Basketball *Aquatics Gymnastics Billiards Cheerleading Table Tennis Flag Football *Fishing Track 6 Field Bicycling Soccer Downhill Skiing *Aqua -Stretch *(ski tickets) OUTDOOR/NATURE ACTIVITIES: Hiking Plant and Animal -Life Classes MUSIC PROGRAMS: Vocal Music Groups Rhythm Instrument Groups INDEPENDENT LIVING: *Cooking *Sign Language *Relaxation *Environmental Education *Leisure Education *(and other topics of interest to participants) ARTS 6 CRAFTS: *Fascinating Flowers *Art in the Park *Pottery *Fabric Paints Art Drama S Theatre Classes * Dance classes (jazz, ballet, modern, line dance, creative dance, square dance, etc.) * Many other art classes using a variety of materials TOTAL S.P.I. REVENUE 3 950 TOTAL RECREATION DIVISION REVENDE g601.S62 (from fees i charges) Estimated RECRF.1 - TON LATER FYBS FY89 FY90 FY91 FY92 Proposed Proposed Total Tentative Tentative FY93 FY94 FM Revenue FY96 FY97 Room Rentals - Meeting Rooms (Per 3 use) Social Hall Ha 5.00 5.00 5.00 5.00 5.00 5.00 7.50 7.50 2,370 7.50 7.50 (per 3 hr. use) 25.00 Gymnasium (per hr.) - 25.00 25.00 25.00 25.00 25.00 37.50 77.50 5,712 37.50 77.50 Half court Full Court 12.50 25.00 12.50 25.00 12.50 12.50 12.50 12.50 12.50 18.75 163 18.75 18.75 Locker Rentals - 25.00 25.00 25.00 25.00 25.00 37.50 328 37.50 37.50 Daily (coin-operated) .10-.25 .25 .25 Monthly 81X Months 2.00 2.00 2.00 .25 2.00 .25 2.00 .25 2.00 .25 2.00 .25 ) 2.00 ) 3,100 .25 2.00 .25 2.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 ) 10.00 10.00 Equipment Rental - Weekday Weekend 1.00 3.00 1.00 3.00 1.00 1.00 1.00 1.00 1.00 1.00 ) 1,000 2.00 2.00 3.00 3.00 3.00 3.00 3.00 3.00 ) 4.00 4.00 Game Room Drop-in Use No fee No fee No fee No fee No fee No fee No fee No fee No fee No fee TOTAL RECREATION CENTER 812®273 FARMERS M_ivtrvm Daily Season (per market) 5 +1 3.60 +1 5 +1 3.60 +1 5 +1 3.60 +1 5 +1 5+ 1 5+ 1 5+.50 6+.50 6+.50 6+.50 3.60 +1 3.60 +1 3.60 +1 3.60+.50 4.60+.50 9.303 4.60+.50 4.60+.50 TOTAL FARMER'S MARKET 03 In FY88 a $1.00 advertising fee was initiated; in FY94 advertising fee reduced to a special account and is utilized Specifically for $.50; this money is placed in advertising purposes. TOTAL RECREATION DIVISION REVENDE g601.S62 (from fees i charges) 1/7/94 OTHER REVENUE EST2MATES FY 9 S Hotel/Motel Tax (15% supports MPAC operations)..... $ 60,000 School District (cost share for MPAC; 26%)*......... 57,303 Vending - Recreation Center ......................... 7,600 Vending - City Park Pool.. ... ................. 4,410 Vending - Mercer Park Aquatic Center ................ 4,195 Youth Softball Umpires; reimbursement ............... 2,900 Non -Resident Fees($5.00)........................... 5.000 TOTAL OTHER REVENUE S 141.408 TOTAL REVENUE FROM FEES & CHARGES $ 601,562 Less State Sales Tax - 13,000 TOTAL OTHER REVENUE + 141.408 GRAND TOTAL (non -property tax revenue) S 729.970 FY95 Recreation Division Budget Request = $1,674,624 Less Capital Outlay - 41.702 $1,632.922 NON -PROPERTY TAX REVENUE TO SUPPORT BUDGET = 44.7% STATED GOAL {NOT REQUIRED) = 45.0% * Per school district request, this percentage has decreased by on percent per year over a four-year period. It was originally 30%, an cannot drop below 25%. lb* RESOLUTION NO. 94-105 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAVENPORT SOD OF DAVENPORT, IOWA, FOR PROVIDING AND INSTALLING SOD ON THE YOUTH BASEBALL FIELDS IN CITY PARK. WHEREAS, the Flood of 1993 destroyed approximately 60 acres of grassy area in City Park, including seven youth baseball diamonds; and WHEREAS, the City desires to purchase sod to restore the baseball fields prior to the start of the baseball season; and WHEREAS, Davenport Sod of Davenport, Iowa, is the only source of sod with an innovative cutting method to enable sod widths of 42 inches and lengths of 110 feet, which reduces the cost of both purchase and installation; and WHEREAS, this new method of sod cutting will result in a smoother playing surface, and will allow active use in a more timely fashion; and WHEREAS, the City has negotiated an Agreement with the Supplier/Contractor to provide sod for the youth baseball diamonds in City Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The attached "Agreement for Purchase and Installation of Sod for City Park Baseball Fields" is in the public interest, in order to assure completion of the youth baseball diamonds in City Park for the upcoming season of 1994. 2. The attached Agreement is approved as to form and content. 3. The Mayor and City Clerk are ,hereby authorized and directed to execute the Agreement, for an on behalf of the City of Iowa City. Passed and approved this l9rh day of April 1994. AYOR —�i�, Approved by; ATTEST: ///�trnJ 9Y• �f22ve� `�"�' CITY CLERK C y Attorney's Office�7/y� cadataUng\sod.res 1 165 Resolution No. 94-105 Page 2 It was moved by Lehman and seconded by Baker the Resolution be adopted, and upon roK call there were: AYES: X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT FOR PURCHASE AND INSTALLATION OF SOD FOR CITY PARK BASEBALL FIELDS THIS AGREEMENT, made and entered into this 12th day of April, 1994, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the "City" and Davenport Sod of Davenport, Iowa, hereinafter referred to as the "Supplier/Contractor." WHEREAS, the Flood of 1993 destroyed approximately 60 acres of grassy area in City Park, including seven youth baseball diamonds; and WHEREAS, the City desires to purchase sod to restore the baseball fields prior to the start of the baseball season; and WHEREAS, Davenport Sod of Davenport, Iowa, is the only source of sod with an innovative cutting method to enable sod widths of 42 inches and lengths of 110 feet, which reduces the cost of both purchase and installation; and WHEREAS, this new method of sod cutting will result in a smoother playing surface, and will allow active use in a more timely fashion; and WHEREAS, the City has negotiated an Agreement with the Supplier/Contractor to provide sod for the youth baseball diamonds in City Park. NOW, THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Supplier/Contractor to provide goods and services as set forth herein. 1. SCOPE OF SERVICES The Supplier/Contractor agrees to supply approximately 28,700 square yards of sod, comprised of a blend of premium blue grasses, and to professionally install the same in a timely and satisfactory manner. 11. TIME OF COMPLETION The Supplier/Contractor shall supply all goods and complete all services by April 18, 1994, weather permitting. III. GENERAL TERMS A. The Supplier/Contractor shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. las K 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual orientation. B. Should the City terminate this Agreement, the Supplier/Contractor shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement at any time upon notice to the Supplier/Contractor. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all parties to said Agreement. D. It is understood and agreed that the retention of the Supplier/Contractor by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Supplier/Contractor shall have the right to employ such assistance as may be required for the performance of the Project. E. The City agrees to tender the Supplier/Contractor all fees in a timely manner, excepting, however, that failure of the Supplier/Contractor to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. F. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall continue in full force and effect as though severable from the invalid portion. IV. COMPENSATION FOR SERVICES A. The Supplier/Contractor shall be paid at a rate of $1.35 per square yard for both sod and installation, for the total installed price of $38,745. B. The Supplier/Contractor shall be paid an estimated lump sum payment of $38,745, based on an estimated need of 28,700 square yards of sod, but only after written acceptance of the work by the City Manager or designee. If the cost exceeds the lump sum payment of $38,745, City and Supplier/Contractor agree to negotiate, in writing, additional work at the same unit price of $1.35. �6 5 3 V. MISCELLANEOUS It is agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY FOR THE SUPPLIER/CONTRACTOR By: By Title: Mayor Date: Apr;i 19, 1994 ATTEST: ///2, e A • �f �� parksrecWavensod.agt Ap v d By City Attorney's O(}Ice �� / f�-/ Dater 165 April 12 , 1994 The City Clerk of Iowa City, Iowa, met in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 12:00 o'clock p .M., on the above date, to open sealed bids received and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at 7:30 o'clock P M. on the above date. The following persons were present at said meeting: Marian K. Karr, City Clerk; Don Yucuis, Finance Director; Cyndi Sheets. Finance Secretary; Dave Absent: None -1- AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. AT OMNEY. ATL W OES MOINES.IOWA � IL 1U, I This being the time and place for the opening of bids for the sale of $7,370,000 Corporate Purpose General Obligation Bonds, the meeting was opened for the receipt of bids for the bonds. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: Bidder Address ($)NIC iLiNIR Kemper Securities Chicago 1,940,889.00 4.8226% LaSalle National Chicago 1,947,103.75 4.8381% Firstar Bank Milwaukee 1,950,227.00 4.8458% United Missouri Kansas City 1,961,890.50 4.8749% Dean Witter Chicago 1,963,378,25 4.8785% Harris Trust Chicago 1,965,732.00 4.8844% Whereupon the Clerk declared the time for filing of sealed bids to be closed. Whereupon, the Clerk declared the sealed bids be opened. The sealed bids were opened and the best sealed bid was as follows: Name & Address of Bidder: Kemper Securities of Chicago Net Interest Rate: 4.8226% Net Interest Cost: $1,940,889.00 Whereupon, all bids were referred to the Council for action in accordance with the Notice of Sale. -2- AHLERS, COONEY. DORWEILER, HAYNIE. SMITH & ALLREE, P.C. ATTORNEYS AT l OE9 MOINE9.IOWA (aL April 12 , 1994 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor Susan M. Horowitz in the chair, and the following named Council Members: Absent: None -3- ARLERS. COONEY, DORWEII.Ek HAYNIE, SMITH & ALLBEE, K ATTORN[YHAT"W OZOMOINLR.IOWA /bL Council Member Pigott introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $7,370,000 CORPORATE PURPOSE GENERAL OBLIGATION BONDS," and moved its adoption. Council Member Kubby seconded the motion to adopt. The roll was called and the vote was, AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RES. 94-106 RESOLUTION DIRECTING SALE OF $7,370,000 CORPORATE PURPOSE GENERAL OBLIGATION BONDS, WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $7,370,000 CORPORATE PURPOSE GENERAL OBLIGATION BONDS: the terms of said bid being: Price of $7y311.068.50. Interest rates of 4.60: 4.625 and 4.70 percent for 1995 through 2004 maturities. Net interest rate is 4.8226%. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. -4- AHLEES, COONEY, DOBWEILEB, HAYNIE, SMITH & ALLBEE, P.C. AnoAN"SATuW DESMOI"95.10WA ( a, Section 3. That the notice of the sale of the bonds hereto- fore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 12th day of April , 1994. ATTEST: 2��� � 4� Clerk c1071403241.Empg c I�Iayor We AHLERS. COONEY, DORMER, HAYNIE, SMITH & ALLBEE, P.C. ATTORNEYSATL W DESMOINES.IOWA (bfe,- CIG -3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 12th day of April , 1994. SEAL c10714030=0301919 City Clerk, Iowa City, Iowa AHLERS. COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, PC Ar DRNErs AruW DDS MOMMIOWA /C RESOLUTION NO. 94-107 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE FINANCE DEPARTMENT. WHEREAS, Resolution No. 93-54 adopted by the City Council on March 2, 1993, authorized permanent positions in the Finance Department for FY94; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Finance Department be amended by: 1. The deletion of one full-time Administrative Secretary position, Confidential paygrade 24; and 2. The addition of two part-time (one .50 and one .63) Administrative Secretary positions, Confidential paygrade 24. Passed and approved this 12th day of April . 1994• ,MAYOR ATTEST: --A n.�itJ f� • tj CITY CLERK I ved by City Attorn 's Office ./��g It was moved by Kubbv and seconded by T.Phmnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott 7 Throgmorton finadm\sety.res !b7 RESOLUTION NO. 94-108 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Golden Oldies - 1910 S. Gilbert Street It was moved by ThroQmorton and seconded by Novick that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker g Horowitz X Kubby X Lehman X Novick x Pigott x Throgmorton Passed and approved this 26th day of April 1994. 'MAYOR App ved by ATTEST:�Ai�� �l• 7?�W CIT CLERKCity- Atto ney' O ice ldanceprm.res RESOLUTION NO. 94-109 RESOLUTION SETTING PUBLIC HEARING ON ADOPTION OF PROPOSED CODE OF ORDINANCES FOR IOWA CITY, IOWA. WHEREAS, the Council will soon be considering the adoption of a proposed code of ordinances for Iowa City, Iowa, and WHEREAS, since the proposed code of ordinances contains some changes, it is appropriate to hold a public hearing on the proposed code of ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing be held at 7:30 PM on Tuesday, May 10, 1994, in the Council Chambers at the Civic Center, 410 E. Washington St., Iowa City, Iowa, to solicit public comment concerning the proposed adoption of a new codification of the ordinances of Iowa City, Iowa. 2. The City Clerk is authorized and directed to publish notice of this hearing. 3. The City Clerk is authorized and directed to place on file in her office a copy of the proposed code of ordinances. Passed and approved this 96t -h day of Ap ri i 1994. ATTEST: 11' • �� CIT LERK Approved by ity Attorney�e It was moved by��Q„„rrn. and seconded by Nnvirk the Resolution be adopted, and upon roll call there were: clerk\codeords.res AYES: NAYS: ABSENT: Baker Horowitz x_ Kubby g Lehman g Novick g Pigott X Throgmorton RESOLUTION NO. 94-110 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY94 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:30 p.m., May 10, 1994, to permit any citizen to be heard for or against the proposed amendment to the FY94 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not less than four (4) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 26th day of April , 1994. MAYOR =� Approved by ATTEST: CIT CLERK dity Attorney's Office It was moved by Thrngmnrtou and seconded by �k Yethe Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Baker X Horowitz X Kubby % Lehman x Novick g Pigott g Throgmorton aVinadm 1 \operbdg.res RESOLUTION NO. 94-111 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1994 MAINTENANCE AND REPAIR PROJECT — CAPITOL AND DUBUQUE STREET PARKING RAMPS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPEC- TION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 10th day of May, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A 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 26th day of April , 1994. MAYOR ''y�� /l /J / Approved by ATTEST: ////J t%��� .7 76� CI CLERK 4iA=tt�orney 's Office It was moved by Throgmorton and seconded by Novick the Resolution be adopted, and upon roll call there were: pw nglwp-dubxes AYES: NAYS: ABSENT: x Baker g Horowitz X Kubby x Lehman X Novick x Pigott x Throgmorton �V P�, -�, () RESOLUTION NO. 91-119 RESOLUTION ACCEPTING THE WORK FOR CERTAIN STORM SEWER IMPROVEMENTS FOR KENNEDY PLAZA. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, 220 L.F. of 30 -inch RCP storm sewer improvements for Kennedy Plaza, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, a maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said improvements be hereby accepted by the City of Iowa City, Iowa. Passed and approved this 26th day of April , 1994. MAYOR Approved by ATTEST: � ,�)E� CIT CLERK ity Attorney's Office It was moved by Thrngmnrtnn and seconded by Nn,,; k the Resolution be adopted, and upon roll call there. were: pweng\kennedy.m AYES: NAYS: ABSENT: v Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton RESOLUTION NO. 94-113 RESOLUTION REJECTING BIDS FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CENTER EXTERIOR REPAIRS PROJECT. WHEREAS, the Council of the City of Iowa City authorized receipt of bids for the Iowa City Senior Center Exterior Repairs Project; and WHEREAS, two (2) bids were received; and WHEREAS, all bids received exceeded the Engineer's estimate by 80%; and WHEREAS, the Department of Public Works and the Engineering Division recommends rejection of the bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that all bids be rejected. Passed and approved this 96th day of A„r;1 1994. MAYOR " Appr ved bye J/ ATTEST: /�rl�a.�e�. W• 5`f w . : >' � i CITY CLERK City Attorney's Office It was moved by Throgmortnn and seconded by Novick the Resolution be adopted, and upon roll call there were: pmng\eAmps.res AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick Pigott _X Throgmorton Ila k� -&- e- RESOLUTION NO. 94-114 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CENTER EXTERIOR REPAIRS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 10th day of May, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A 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. It was moved by Throgmorton and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: /V*1#V 9 Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this syr day of April 1994. r MAYOR Approved b ATTEST:�%�I����J >� CITY -CLERK ty Attorney's Office Pxen9lsrcentv.rea l►4 �e7 3iL RESOLUTION NO. oi._i i 5 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 2119 EAST COURT STREET, IOWA CITY, IOWA. WHEREAS, on April 9, 1979 the property owners of 2119 East Court Street, Iowa City, Iowa, executed a Promissory Note to the City of Iowa City in the amount of $3,700 in exchange for a no -interest rehabilitation loan; and WHEREAS, said Note superseded the original Promissory Note dated March 13, 1979; and WHEREAS, said Promissory Notes created a lien against the subject property; and WHEREAS, the balance was paid in full on April 1, 1994. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the affected property from an obligation of the property owners at 2119 East Court Street to pay to the City the principal amount of $3,700, which obligation was recorded in Book 269, Page 22 of the Johnson County Recorder's Office superseding the original note recorded in Book 268, Pages 44.45 of the Johnson County Recorder's Office. Passed and approved this 2rt-i, day of April 1994. MAYOR Approved by ATTEST:�tJ CiTY-CLERK City Attorney's Office It was moved by=tcn and seconded by the the Resolution be adopted, and upon roll call there were: ppdmbab12119cLma AYES: NAYS: ABSENT: Baker x Horowitz x Kubby X Lehman X Novick X Pigott X Throgmorton I ICD RELEASE OF LIEN The City of Iowa City does hereby release the following property: The east one half of Lot 1 in Block 20 in East Iowa City, Johnson County, Iowa; according to recorded plat thereof, subject to an easement for sewer and water for the property to the west over the south 5 feet of the above described tract. from an obligation of the property owners of 2119 East Court Street to the City of Iowa City in the principal amount of $3,700 represented by a Promissory Note recorded in the Office of the Johnson County Recorder's Office on April 11, 1979, in Book 269, Page 22. Said Note superseded the original Promissory Note recorded on March 19, 1979, in Book 268, Pages 44- 45. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the property described above by reason of said recorded documents. CITY OF IOWA CITY, IOWA By: Mayor ATTEST: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ?-6 f_i day of4 A.D. 19 , before me, the undersigned, a Notary Public in an for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being by me duly swom, 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 Resolution No.94-/IS adopted by the City Council on the 7{ dayd 192t; and that the said Susan M. Horowitz and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed and said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ppdrehab1211W.re1 efs la - RESOLUTION NO. 94-116 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF FINANCING STATEMENTS FOR PROPERTY LOCATED AT 314 SOUTH GOVERNOR STREET, IOWA CITY, IOWA. WHEREAS, on January 23, 1987, the property owners of 314 South Governor Street, Iowa City, Iowa, executed a financing statement- Form UCC2 in exchange for assistance received in purchasing two G.E. stoves and two Whirlpool refrigerators; and WHEREAS, on June 9, 1992 a continuation of the financing statement - Form UCC4 was recorded; and WHEREAS, said financing statements created a lien against the property; and WHEREAS, the balance due under the financing statements was paid in full on January 11, 1994. 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 Financing Statements for recordation, whereby the City does release the property located at 314 South Governor Street, from an obligation represented by financing statements recorded in Book 912, Page 238 and Book 1383, Page 306 of the Johnson County Recorder's Office. The Mayor is further authorized to execute Form UCC -4 if necessary to clear title to the above -referenced property. Passed and approved this 26th day of April 1994 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office: It was moved by Throemorton and seconded by Novirlr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker _X Horowitz X Kubby X Lehman X Novick X Pigott Throgmorton ppdmhab1314egw.ma RELEASE OF FINANCING STATEMENTS FORM UCC2 AND FORM UCC4 The City of Iowa City does hereby release the property located at 314 South Governor Street, Iowa City, Iowa legally described as follows: Beginning at a point 150 feet North of the Southwest comer of Out Lot One (1) in Iowa City, according to the recorded plat thereof, running thence East 155 feet, thence North 40 feet, thence South 40 feet to the place of beginning. from an obligation of the property owner of 314 South Governor Street to the City of Iowa City represented by a financing statement - Form UCC2 recorded in the Johnson County Recorder's Office on January 23, 1987, in Book 912, page 238 and a continuation of the original financing statement - Form UCC4 recorded in the Johnson County Recorder's Office on June 9, 1992, in Book 1383, Page 306. The Secured Party hereby certifies that a security interest no longer is claimed under Financing Statement number 9360 JG 1745 BK 912 PG 238. This obligation has been satisfied and the property is hereby released in full from any liens or clouds upon title to the above property by reason of said prior recorded documents. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 26 �' day of Npr:l , 19 '74 , before me, So,.d , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say 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 Resolution No. 94-N, adopted by the City Council on the Z4 th day of ALS,-,\ , 19 9-` , and that Susan M. Horowitz and Marian K. Karr acknowledgeb the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. so-'.d,ax � Notary Public in and for the State of Iowa ppdrehab\314sgov1. rel 0 (�ls -j�llL RESOLUTION NO. 94-117 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 914- 914ya NORTH DODGE STREET, IOWA CITY, IOWA. WHEREAS, on February 10, 1994, the property owner of 916 North Dodge Street, Iowa City, Iowa executed a Promissory Note in the amount of $5,150 in exchange for assistance through the City's Housing Rehabilitation Program; and WHEREAS, the legal description of the property included a portion of the property which the owner had previously conveyed to the owner of the 914-914% North Dodge Street property; and WHEREAS, the Promissory Note creates a lien against the property retained by the owner of 916 North Dodge Street as well as the portion of property conveyed by the owner prior to execution of the Promissory Note; and WHEREAS, the City should release the property located at 914-914yz North Dodge Street from any obligation to repay the $5,150 under the terms of the Promissory Note; and WHEREAS, the property retained by the owner of 916 North Dodge Street remains encumbered by the Promissory Note. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 914- 914% North Dodge Street, Iowa City, Iowa, from an obligation to pay to the City the principal amount of $5,150, which obligation was represented by a Promissory Note and Mortgage recorded in Book 1703, Pages 136-150, of the Johnson County Recorder's Office. Passed and approved this 26th day of April 1994. MAYOR Approved by ATTEST: %%1� z CI CLERK City Attorney's Office ppdrehab\914ndodg. res 11-4 RELEASE OF LIEN The City of Iowa City does hereby release a the property located at 914-914y: North Dodge Street, Iowa City, Iowa, legally described as follows: All of Lot 47, in the Subdivision of the SEy. of Sec. 3, Twp. 79 N., R. 6 West of the 5th P.M., as per the recorded plat thereof, recorded in Plat Book 1, Page 1, on April 3, 1873, in the office of the County Recorder of Johnson County, Iowa, except the following -described parcel of real estate, to -wit: Commencing at the Northwest comer of said Lot 47; thence East 80 feet along the North line of said Lot 47; thence South on a line parallel with the East line of said Lot 47, to the South line of said Lot 47; thence West along the South line of said Lot 47, to the Westerly line thereof; thence Northeasterly along the Westerly line of said Lot 47 to the place of beginning; and Auditor's Parcel A according to the Plat of Survey recorded December 19, 199, in Plat Book 32, Page 119, Records of Johnson County, Iowa; and Auditors Parcel G according to the Plat of Survey recorded May 21, 1992, in Plat Book 32, Page 215, Records of Johnson County, Iowa. from an obligation to the City of Iowa City in the principal amount of $5,150 represented by a Promissory Note and Mortgage recorded in the Office of the Johnson County Recorder's Office on February 10, 1994, in Book 1703, Pages 136-150. The property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. The obligation represented by the Promissory Note and Mortgage remains attached to the property located at 916 North Dodge Street, legally described as follows: Beginning at the northwest comer of Lot 47 in the Subdivision of the Southeast quarter of Section 3 in Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof recorded in Plat Book 1, page 1. In the office of the Recorder of Johnson County, Iowa thence Easterly 80 feet along the north line of said Lot 47, thence southerly on a line parallel with the east line of said Lot 47, to the south line of said Lot 47, thence Westerly along the southerly line of said Lot 47 to the westerly line of said Lot 47, thence Northeasterly along the westerly line of said lot 47 to the point of beginning. Attest:p6gyZ City Clerk CITY OF IOWA CITY Approved by: h',-', ') . City Attorney's Office V— � _y IIS STATE OF IOWA ) ) SS: JOHNSON COUNTY On this 24 41, , day of Paw1 192 , before me, SDndra-L - £�� } a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Kan-, to me personally known, and, who, being by me duly swom, did say 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 (8rdinanee) (Resolution) No. 9-4)4—all passed (the Resolution adopted) by the City Council, under Roll Call No. —�� of the City Council on the 26 �2E day of Apr,, I , 19_2:!f_, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State ppdmhab1914dodg.m1 Il� t RESOLUTION NO. 94-118 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST EASEMENT AGREEMENTS FOR KENNEDY PLAZA. WHEREAS, pursuant to Section 27-37 of the Code of Ordinances of the City of Iowa City, Iowa, Kennedy Plaza, Inc. submitted a site plan for development of property located at 702 S. Gilbert Street, known as Kennedy Plaza; and WHEREAS, City staff has approved the site plan for Kennedy Plaza subject to the property owners entering into Storm Sewer and Drainage Way Easement Agreements, a Sanitary Sewer, Water Main and Utilities Easement Agreement and a Storm Water Detention Facility Easement Agreement; and WHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the Storm Sewer Easement Agreement, the Storm Sewer and Drainage Way Easement Agreement, the Sanitary Sewer, Water Main and Utilities Easement Agreement and the Storm Water Detention Facility Easement Agreement for Kennedy Plaza. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution to be recorded by Kennedy Plaza, Inc. in the Johnson County Recorder's Office, together with the Easement Agreements. Passed and approved this 26th day of April 1994. MAYOR ATTEST: 9Y• CITY CLERK Approved by City Attorney's Office m heb�ke edy.= -57y Resolution No. ah_, 1 a Page 2_ 1 It was moved by Throgmorton and seconded by Novick the Resolution be adopted, and upon rolir call there were: AYES: NAYS: ABSENT: x Baker x Horowitz IT— Kubby x Lehman x Novick x Pigott x Throgmorton City of Iowa City MEMORANDUM Date: May 9, 1996 To: File FROM: Marian K. Karr, City Clerk RE: Kennedy Plaza On April 26, 1994, Council passed Res. 94-118 authorizing easement agreements for Kennedy Plaza. Easement agreements were never recorded, and documents can not be located. Per discussions with Asst. City Atty. Holecek documents will have to be recreated and will take some time. Proceed to microfilm meeting folder and resolution book. When new documents are executed, and recorded, documents will be copied and placed in recorder file and project file. Copies of recorded documents will also be distributed as indicated on routing sheet of April 26, 1994. cc: Sarah Holecek, Asst. City Atty. Denny Gannon, Asst. City Engr. Project file RESOLUTION NO. oi,_i i o RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PUBLIC WALKWAY EASEMENT FOR LOTS 9 AND 10, WEST SIDE PARK. WHEREAS, on September 17, 1991, the City Council passed and approved Ordinance No. 91- 3507 which conditionally rezoned certain property located in West Side Park, an addition to the City of Iowa City; and WHEREAS, pursuant to said Ordinance, the City entered into a Conditional Zoning Agreement with Smith -Moreland Properties (hereinafter "applicant") and West Side Company (hereinafter "owner'); and WHEREAS, the Conditional Zoning Agreement obligates the applicant and the Owner to dedicate a 15 -foot wide walkway easement prior to the issuance of any building permit for Lots 8, 9, and 10; and WHEREAS, the applicant has applied for a building permit for Lot 10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT 1. The Mayor is hereby authorized to execute and the City Clerk to attest the Public Walkway Easement Agreement for Lots 9 & 10, West Side Park. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution to be recorded by the applicant in the Johnson County Recorders Office, together with the Easement Agreement. Passed and approved this 26th day of Abri i , 1994. M.AYOR ATTEST: CITY'CLERK Approved by City Attorney's Office 2, _5, �huMw W.ns Ila Resolution No. Page 2 It was moved by Throgmorton and seconded by Novick the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton (I? PUBLIC WALKWAY EASEMENT THIS AGREEMENT, made and entered into by and between West Side Company, an Iowa Corporation, hereinafter referred to as Owner, which expression shall include its successors in interest and assigns; Smith -Moreland Properties, an Iowa general partnership, hereinafter referred to as Developer, which expression shall include its successors in interest and assigns; and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as City, which expres- sion shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable considera- tion, receipt of which is hereby acknowledged, the Owner and Developer hereby grant to the City an easement for the pur- poses of public pedestrian and bicycle access as well as for excavating for and the installation, replacement and use of a public sidewalk over and across the real estate legally described and illustrated on the Public Walkway Easement attached hereto and incorporated by this reference (hereinafter "easement area"). The Owner and Developer further grant to the City the following rights in connection with the above Public Walkway Easement: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of -a - said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim and cut down and clear away all trees and brush in said easement area and on either side of the easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the ease- ment area. The City shall indemnify Owner and Developer against unreasonable loss or damage which may occur in the negligent exercise of its rights to excavate the area and install the public sidewalk. The Owner and Developer reserve a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and Developer shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any wells; or construct any reservoirs or other obstructions on said area; or diminish or substan- tially add to the ground cover over said easement area. Owner and Developer shall maintain the easement area, and keep it open to the public, in good repair and free from nuisance. The City shall have no responsibility for main- taining the easement area. Owner and Developer agree to in- demnify, defend and hold the City harmless from any claim or It I -3 - cause of action for injuries or damage arising from Owner and Developer's failure to maintain said easement area. As required by the Conditional Zoning Agreement dated September 3, 1991, and recorded in Book 1281, Page 179 in the Johnson County Recorder's Office, Developer shall de- posit, in escrow, an amount equal to the cost of construct- ing a six foot wide concrete sidewalk in the easement area. The City Engineer will determine the amount of the escrow. The Owner and Developer shall have no obligation to con- struct the sidewalk. However, after the City constructs the sidewalk, the Owner and Developer shall maintain the side- walk as set forth above. The Owner and Developer hereby covenant with the City that Owner is lawfully seized and possessed of the real estate above described and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. SIGNED this ?� day of 1994. WEST SIDE CO 1ANY, dh Iowa corporatio /) Dl s a M der, President BY: Charles A. Barker, Secretary Ili STATE OF IOWA SS. JOHNSON COUNTY ) -4— SMITH—MORELAND PROPERTIES, an Iowa general partnership BY: ,� L JHhn W. Moreland, Jr., G neral Partner CITY OF IOWA CITY, IOWA, a municipal corporation BY:I Susan M. oror tz, Mayor BY: Mdiian K. Karr, City Clerk On this S r`l day of , 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl M. Yoder and Charles A. Barker, to me personally known, who being by me duly sworn did say that they are the President and Secretary of the corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of the corpora- tion; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Earl M. Yoder and Charles A. Barker as officers ac- knowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. Cp►RAIS_ E70'IHES M"7,19 ay 7,1996 otary Public in and for the �~ State of Iowa /« STATE OF IOWA SS: JOHNSON COUNTY -5 - On this a'1'T, day of A -pr, f , 1994, before me, the undersigned, a Notary Public in and for the state, per- sonally appeared John W. Moreland, Jr. to me personally known, who being by me duly sworn, did say that the person is one of the partners of Smith -Moreland Properties, an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntary executed. y E LYNN MUSS F MY COM MISSION DN ES JANUARY 14,1997 STATE OF IOWA ) ) SS. JOHNSON COUNTY ) On this /a7&.A day of I�0u/ , 1994, before me, the undersigned, a Notary Publiclic in -and for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respec- tively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corpora- tion by authority of City Council of said municipal corpora- tion; and that the said Susan Horowitz and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. lLL(DQin 7C. Notary Publ c in and for the in State of Iowa y E LYNN MUSS F MY COM MISSION DN ES JANUARY 14,1997 STATE OF IOWA ) ) SS. JOHNSON COUNTY ) On this /a7&.A day of I�0u/ , 1994, before me, the undersigned, a Notary Publiclic in -and for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respec- tively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corpora- tion by authority of City Council of said municipal corpora- tion; and that the said Susan Horowitz and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. lLL(DQin 7C. tyd,, I Notary Public in and for the State of Iowa r:34a0555.rst I( t NORTHEAST CORNER LOT 9, POINT OF BEGINNING g,8 e_f �\ I �. sbset nuc PUBLIC WALKWAY EASEMENT hY-iect nun. \ I MMS CONSULTANTS, INC, lova city. law- (319) 351-8282 s 0 N S ct w+ IAT 9 & 10 WEST SUDE PARK ' ® w.l'" to,0,.n by. awrcre- ey S \ 0.48 acres I p\ I M CMS cram CMS .` I W I I Ono FM r=1 I I os a9 la m IJI CRSNDC Zu 01 ►)Brf* "7 I 5Cr IN 8931'36 V a / ereNNi y0 �O Ne9;15�a1_E 147.81' _ --y�/ //yyM1♦� _ _e'i_RXW_TEP._ BETE\_T_,_\ _ �C _ _ _ _ _ _ _ _ _ _ _ _ _ _ BAST\ EA�E;4EN'---------- — 5 e915a1• W 118.2 3' I // /T` rN Cb 01 �. ;ice / 033756• RO / B 2:AA00' /T . 7.80' L 15d 04 - 1158' \ CNB - N e3Zy']9• W S� \ 1� PUBLIC WALKWAY EASEMENT 'Beginning at the Northeast Cane of Lot 9, West Side Party, to Iowa City. lama, in accordance with the retarded plat thereof recorded in Plat Bahr 24, at Page 45. Records of the Johnson County Recorders Office; Thence SOO'05'29•W, along Ne East line of old Lot 9, 189.18 feel; Thence N8954'31'W, 37,63 feet; Thence S52'45'39'W, 100.92 feet to a Point which is 7.50 feel vernally distant southerly of the South the of the existing Slaanwala detention Bash Easenent; Thence S89135'04'11, along a fine parallel with said South line of the St-rnlwater detention Basin Easement, 146.23 feet, to a Point which is 7.50 feet normally distant southeasterly of the Southeasterly line of Lot 10, of said West Side Park Thence S4216'33'W, along a line parallel with said southeasterly lime of Lot 10, 23293 feet, to a Point on the Northeasterly Right -of -Way line of West Side Drive; Thence Northwesterly 15.58 feel, along said Right -of -Way line, an 0 230.00 fool radius curve, concave Southwesterly, whose 15.58 fool chord beets N6325'39'W, to a point which is 7.50 feet normally distant northwesterly of said Southeasterly line of Lal 10; Thence N4216'33'E, clang a fine parallel with said Southeasterly line of Lot 10, 24171 feel, to a Paint which is 7.50 feet normally distant Northerly of said South line of the existing Slormwate Detention Bash Easement; Thence N89'35'O4'E. dong a fine parallel with said South line of the existing Starnwaler Detention Bash Easement, 147.81 feel to a Pohl which is 7.50 feel naana0y distant Northwesterly of the Centerthe of a existing 20.00 foot wide Sanitary Sewer Easement; Thence N5T4539'E, 91.81 feel, to a point which is 7.50 feel normally distant Narthwestedy of said Sanitary Sewer Easement cenlerlhe; Thence 00'05'291. 79.72 feel to a Pont which is 7.50 feet normally distant Southwesterly of the Centerline of an existing 20 foot Sanitary Sewer Easement: Thence N4054'20'W, 131.04 feet, along a line parallel with said Sanitary Sewer Easement Cenledhe, to a Pohl an the Nath Iha of Lot 10, West Side Pork Thrace N89.37*07O♦: along the North lime of said Lot 10, and Lot 9, of West Side Park 115.97 feet, to the Paint of Beginning. Said tract of land contahs 0.48 acres, more or les; and is subject to easements and restrictions of record. , 2* an z g,8 e_f o �. sbset nuc PUBLIC WALKWAY EASEMENT hY-iect nun. MMS CONSULTANTS, INC, lova city. law- (319) 351-8282 s 0 N S ct w+ IAT 9 & 10 WEST SUDE PARK ' ® w.l'" to,0,.n by. awrcre- ey S — IOWA CITY, IOWA S CMS cram CMS ��q RESOLUTION NO. 94-120 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CIVIC CENTER WEST POLICE DEPARTMENT LOWER LEVEL REMODELING 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 17th day of May, 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 24th day of May, 1994, or at such later time and place as may then be fixed. Passed and approved this 26th day of April 1994. J(AAYOR ' Ap rove b� ATTEST: CITY ERK City Attorney's Office pweng\police.res Resolution No. 94 igg Page 2 It was moved by K11hh3. and seconded by i U the Resolution be adopted, and upon roll, call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton & April 26 , 1994 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7.30 o'clock p .M., on the above date. There were present Mayor _Horowitz in the chair, and the following named Council Members: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: -1- AHLERS EOONEX DORWEILER. HAYNIE. SMUH & ALLBEE. If - ^r RNnSATuW DXZMO1NKX1OWA ("e5 SIL (L' Council Member b moved that the form of Tax Exemption Certificate bep aced on file and approved. Pi gnrr seconded the motion. The roll was called and the vote was, '' �. •.0 4 -VZ -TM TNT.. vemi- Horowitz. Kubbv. Lehman NAYS: Council Member Pigott introduced the following Resolution entitled "RESOLUTION AMENDING 'RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,370,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS' PASSED AND APPROVED MARCH 29, 1994" and moved that it be adopted. Council Member Novick seconded the motion to adopt, and the roll being called thereon, the vote was as follows: X .. NAYS: Whereupon, the Mayor declared said Resolution duly adopted as follows: Res. No. 94-121 RESOLUTION AMENDING 'RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,370,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS' PASSED AND APPROVED MARCH 29, 1994 WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the construction, reconstruction and repairing of street improvements; the construction, reconstruction, extension, improvement and equipping of storm and sanitary sewers, including sewage treatment plant improvements and construction of storm water detention facilities; the acquisition, construction, reconstruction, improvement, repair and equipping of waterworks and extensions, and real and personal property, useful for providing potable water to city residents, including water treatment plant acquisition and design; and the rehabilitation and improvement of existing city -2- AHLEBS COonX DOBWEILHH. HAYN E. SWM & ALLBEE, PC wtro.xva wt uw o[e wowdneww it � parks , an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $6,940,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, the City is in need of funds to pay costs of reconstructing and improving the Robert A. Lee Community Recreation Center, including reroofing and replacement of flooring, a general corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $430,000 of $700,000 be issued for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance thereof; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set forth; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: (a) "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee; -3- ee= ODOMEX DGRWMM HAYNM ME & ATeEE. M wTrplK"GATuW Gn MOINXXIOWA is (b) "Bonds" shall mean $7,370,000 General Obligation Bonds, authorized to be issued by this Resolution; (c) "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds; (d) "Issuer" and "City" shall mean the City of Iowa City, Iowa; (e) "Notice of Sale" shall mean the official Notice of Sale as published on April 7, 1994 (f) "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository; (g) "Paying Agent" shall be the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due; (h) "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the pro- ceeds of the Bonds; (i) "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate; (j) "Registrar" shall be the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the bonds; (k) "Representation Letter" shall mean the Representation Letter from the Issuer and the Paying Agent and Registrar to DTC, with respect to the Bonds; (1) "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds; and (m) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. -4- AHLEn GOONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. ATTORKMATL W O[6YOINISJOWA Section 2. Levy and Certification of Annual Tax: Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to -wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $1,088,020 1994/1995 $1,058,750 1995/1996 $1,024,250 1996/1997 $ 989,750 1997/1998 $ 955,063 1998/1999 $ 895,375 1999/2000 $ 861,300 2000/2001 $ 827,225 2001/2002 $ 793,150 2002/2003 $ 759,075 2003/2004 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 1994, will be collected during the fiscal year commencing July 1, 1995). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to -5- ,wt.ens cower DORWEMM HUNM 5WM a AUNEE, K ATTORWM SATL W BESMOIMCS.IOWA la1 be known as the "GENERAL OBLIGATION BOND FUND 1994 NO. ill (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 1993 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $7,370,000, shall be issued pursuant'to the provisions of Section 384.28 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND", be dated June 1, 1994, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 1994, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the facsimile or manual signature of the Mayor and attested by the facsimile or manual signature of the Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and -6- MUM% GOONEY, DORWE1LER, HAYNIE, SMmI & ALLDEE, P.G ATO.W"SATL O[6MOINC9.I0WA lal interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1st 4.6009- $745,000 1995 4.600% 750,000 1996 4.6009. 750,000 1997 4.625e 750,000 1998 4.625%s 750,000 1999 4.70006 725,000 2000 4.7009a 725,000 2001 4.•700% 725,000 2002 4.7000 725,000 2003 4.70006 725,000 2004 (b) Redemption. Bonds maturing after June 1, 2001, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within -an annual maturity by lot by giving thirty days, notice of redemption by registered mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of Bonds to be called has been reached. Section 6.1. DTC - Recristration. All of the Bonds shall be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bond registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. Section 6.2. The Bonds shall be initially issued in the form of separate single authenticated fully registered bonds in the amount of each separate stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the registry books of the City Controller kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. -7- AH= won -4 DORWEU.ee. HAYNIL SWM a AUBEF, Fr— Ar GAr RN"SATuW DESMOIwis.ioww 1W The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for all other purposes whatsoever; and neither the Paying Agent and Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Paying Agent and Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under the Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with Section 6.7 hereof. Section 6.3. In the event the Issuer determines that it is in the best interest of the Beneficial owners that they be able to obtain Bond certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with Section 6.7 hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities with respect thereto under applicable law. ME AHLEBS, ODoNEY, DOMHBB, NAME, SMITH & ALLBEE, PC AT OXNCVOATuW oea MOIMC.,10wA Ia\ In such event the Bonds will be transferable in accordance with Section 6.7 hereof. Section 6.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to any consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. Section 6.6. The execution and delivery of the Representation Letter to DTC by the Mayor and the City Controller, in the form presented at this meeting with such changes, omissions, insertions and revisions as the Mayor shall deem advisable is hereby authorized and execution of the Representation Letter by the Mayor and the City Controller, shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The Paying Agent and Registrar is hereby authorized and requested to execute the same and shall have the same rights with respect to its actions thereunder as it has with respect to its actions under the Resolution. Section 6.7. In the event that any transfer or exchange of the Bonds is permitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 6.8. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said purchaser, and to the attorneys approving the legality of said General Im AHLEFM GOONEY, DOMLEN, HAYNK SWM & AUZEE, P.G err .W"..TuW ece.OINZS ww,. iai obligation Bonds, certified copies of such proceedings, ordinances, resolutions and records and all such certificates and affidavits and other instruments as may be required to evidence the legality and marketability of said bonds, and all certified copies, certificates, affidavits and other instruments.so furnished, including any heretofore furnished, shall constitute representations of the Issuer as to the correctness of all facts stated or recited therein. Section 7. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provi- sions for registration and transfer contained in the Bonds and in this resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. -10- AHLERS. LOONEY, DORWEHER, HAYNM SMITH & ALLBEE, M AT MM"SATL W OCJMOINES.IOWA �� I (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non -Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. -11- eui vac a)OM, DORW BB. BAYNm sums & AL BM K AT %N"SATL W CCCNGINCCIGWA ia� (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated. Destroyed. Stolen or Lost Bonds. In case any outstanding Bond skull become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution Authentication ana uelivery uL 1.= Bonds. Upon the adoption of this Resolution, the Mayor and Cler] shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Right to Name Sunsticuce e"3-114 K4Clll U1 Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -12- AHLEn rnoNEK DORWVUA HAYNIL SMrM & eu.eEF, PL AT RMna^run ONANCINZ&tOwA ia� Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: / / / / / / / / / / / / / / / / / / / / / (1) (2) (3) (4) (5) (9) (9a) (10) (continued on the back of this Bond) (11)(12)(13) (14) (15) FIGURE 1 (Front) -13- AHIl3L5 ODO= DOHWEHE L HAYNIE. SHHH 3 AUZEE. PL AT MNryOATUM D[/YOMS&IOWA laI FIGURE 2 (Back) -14- AH ERS ODONEL DORVEM . BAYNW, SMrrH & ATINZ PL ^T *Kmwruw ou rnru ioww !al (10) (Continued) (16) (17) FIGURE 2 (Back) -14- AH ERS ODONEL DORVEM . BAYNW, SMrrH & ATINZ PL ^T *Kmwruw ou rnru ioww !al The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "CORPORATE PURPOSE" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: June Item 5,, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: 1, 1994 Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 1994, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This Bond is issued pursuant to the provisions of Section 384.28 of the City Code of Iowa, for the purpose of paying costs of reconstructing and improving the Robert A. Lee Community Recreation Center including reroofing and replacement of flooring; the construction, reconstruction and repairing of street improvements; the construction, reconstruction, extension, improvement and equipping of storm and sanitary sewers, including sewage treatment plant improvements and construction of storm water detention facilities; the acquisition, construction, reconstruction, improvement, repair and equipping of waterworks -15- ATT RW"SATMW O[ZMOIMLLIO A Ia' and extensions, and real and personal property, useful for providing potable water to city residents, including water treatment plant acquisition.and design; and the rehabilitation and improvement of existing city parks, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2001, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot by giving thirty days, notice of redemption to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. Notice hereunder may be given by registered mail to the owner of record of the Bond at the address shown on the books of the Registrar and shall be deemed complete upon mailing. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this -16- AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, K wno�"¢rs �t uw oes uoi"ee. ioww a\ Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: (manual signature) Mayor ATTEST: By: (manual signature) City Clerk -17- AM= MONEX DORMER. HMML semi & A139EE. PL AWORM"SATLAW MZMOIM99.'0W^ 20 tp YM019iMIOX O]O MV11Y i1]MYO11Y W .338mv 19 euws'MWH VnMM0a MKOOD 5NSM -8T- •mraboad aaluearnb eanlrubzs paziubooea r ui alydioilard gegq suotgnligsui aogueaenb eTgTBTTe uzelaao Aq pealurarnb aq of eanleubzs eainbaa Arm seanpaooad pug spaepurls gong _luaby aagsuray pug aragsibag agq go seanpaooad pug spagpuggs buiTireaad agq gg?ta aougpa000r uz papieoad eq gsnm aagugarnb aangruSTS -aanalvgA aburgo Aug ao gusm -aBarTua ao uoigraagTe gnoggTm arTnoTlagd Aaana uz (s)puoq ao (s)9ggoi3igaao aqg go aor3 aqg uodn uaggTaM se (s)amru aqg ggTm puodsaaaoo gsnm aaMod s?ql of (s)aanleubis ag,L 71'I'IfmHH D avau - ( SZIEUVNJIS (aaag (s)ub-rs quamuSissy s.igl 5uilnoexe (s)uosaad) uoignligsgns go aaMod TTn3 ijiTm 'puog uzglTm aog gdax sxooq aqq uo puog pigs aqg a9gsural luzoddg pug agngigsuoo scop pug puog uiggtM aqq ( xry ao AlianoaS TgiooS) subissg 'sTTas Agaaag paubisaepun •seszmead agq ui aqq qo uotggagszbaa of qor; ui Aauaolgr ATgrooeaaaz Ageaaq -ON uoiggoTgTquepI olun slegsurag pug all 'paniaoaa anTgn ao3 JNSWNJISSV [uoigragszbag ao3 peatnbag uoigrmzojul] [XooTg qu9mubissV1 = Z ean6i3 'LT magI [Tasunoo puog go uotuido] xaaTJ AgT0 (eanipunTs aTimzsor3 Tenugm -lard u sT puog sTgl goigM 3o anssi aqq go AaeATTap go alrp aqq go sr panssi Tasunoo puog go uoiuido agq go Adoo egaldmoo pug loaaaoo g si buTmOTTo3 all grgl Paz;Tgaao sz qI = Z aan6z3 191 malI INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) _ Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership Corporation Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - ..........Custodian.......... (Gust) (Minor) under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 13. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 14. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. -Without limiting the generality -19- AHLERS. CDONEY. DORWEILER. HAYNM SMITH & ALLBEE. M ATTONNC SAYI W O[IMOIN[I.IOWA jai of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 16. Additional Covenants. Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 18. Qualified Tax -Exempt Obligations. For the sole purpose of qualifying the Bonds as "Qualified Tax Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental and Code Section 501(c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. -20- AHLERC ODOM DOmEH.EO. HAYNIE. SMITH & AL.BEE. M .r .W"Z•ruW 092.01.9S.10w^ IN - • i-•- • •L S.• i - Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 20. Amended Resolution Filed With County Auditor. That a certified copy of this Resolution be filed with the County Auditor of Johnson County, Iowa, and that said Auditor be and is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution in like manner as other taxes and levied and assessed, and that such taxes so levied in and for each of the years be collected in like manner as other taxes of the City are collected, and when collected, be used for the purpose of paying principal and interest on the bonds issued in anticipation of said tax, and for no other purpose whatsoever, which action requires a modification and change of the levies originally made in accordance with the bond resolution certified to and filed in the Auditor's office on March 31, 1994. PASSED AND APPROVED this 26th day of April 1994. ATTEST: Clerk c1071403250(1).Onpg v M yor -21`_ AHLER& MONEY. DOBWHILEB. HAYNIE, SHmI & ALLBEE. PG An•••m ATuW on UCINKSAGWA Iai CIG -3 9/91 STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of 1994. SEAL c10714030=0301919 City Clerk, Iowa City, Iowa ANGERS, 000MEx DORWEMER. HAYNIE, SMITH & ALLBEE, R0. ATTOIIN"SATL W 0[9YOIN[S.I0WA al RESOLUTION NO. 94_122 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SHIVE-HATTERY ENGINEERS AND ARCHITECTS OF IOWA CITY, IOWA, FOR CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES. WHEREAS, the City desires to construct pedestrian overpasses along Rohret Road and over U.S. Highway 218; and WHEREAS, an agreement has been negotiated with Shive Hattery Engineers and Architects to provide construction administration and inspection services to the City of Iowa City, which agreement is attached hereto; and WHEREAS, the City Council finds it to be in the public interest to enter said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement for construction administration and inspection services attached hereto and made a part hereof is in the public interest, and is hereby approved as to form and content. 2. The Mayor and City Clerk are authorized to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this 26th day of April , 1994• 'i�a_,, � Cz7i � r {MAYOR Approved hy� ATTEST: CIT LERK 'ty Attorney's Office It was moved by Nov; Pk and seconded by T.Phmnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker Horowitz _X X Kubby X Lehman X Novick X Pigott X Throgmorton pwenglshWehat.ms CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of March. 1994 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery Engineers And Architects. Inc. , of Iowa City . hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City is planning to construct pedestrian crossings at Rohret Road over U.S. Highway 218. The City desires professional assistance in monitoring the construction of this facility. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. CONSTRUCTION PHASE A. Confer with The City of Iowa City and Iowa Department of Transportation (IDOT) representatives to finalize project documentation requirements. B. Schedule and lead a Preconstruction Conference. C. Establish horizontal and vertical controls for the Contractor's field survey. D. Review and process Contractor's shop drawings and submittals. Maintain a record file for The City of Iowa City. E. Monitor field construction with onsite observation as appropriate for work- in -progress. F. Provide weekly progress and status reports to The City of Iowa City. G. Conduct compaction testing during backfill and embankment construction operations. H. Monitor pile driving. I. Monitor all concrete construction with appropriate field and laboratory testing. J. Evaluate Contractor progress fo completion. 193200-2 122 K. Coordinate communications between the Contractor, The City of Iowa City, and the IDOT. L. Process Contractor's statements and requests for change orders. M. Conduct final inspection and project close-out documentation. N. Provide construction record drawings. O. Respond to information requests and complaints from the public related to construction activities. P. Draft press releases for distribution by the City regarding aspects of the project that impact traffic. Press releases will be distributed three days before impact. II. TIME OF COMPLETION The City desires completion of construction prior to the fall of 1994. The Consultant shall complete the construction phase of the Project in accordance with the schedule adopted at the Preconstruction Conference consistent with the terms and times of the construction contract. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. 193200-2 122- C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. If is further agreed that no Party to the Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitations as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with the Agreement. K. Should any section of the Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 193200-2 (ZZ L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. IV. COMPENSATION FOR SERVICES We propose to provide the services identified in the "Construction Phase" for a lump sum fee of $35,000.00. This proposal and fee does not include laboratory and/or Out -of -County travel for material inspection and testing. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY FOR T NtSULTANT By: a -i By: ' Robert C. Lentfer, P.E.- Title: Mayor Title: Proiect Engineer Date: 4/26/94 ATTEST: Z4Q �.a ,�� 9Y• 1�� pproved by: Cit Attorney's Office Date 193200-2 lZZ RESOLUTION NO. 94-123 RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT FOR 1994 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIG- NATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa, is an eligible unit of general local government authorized to file a Program Statement under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the 1994 Community Development Block Grant Program Statement has been developed to give maximum feasible priority to activities which will benefit low and moderate income persons and to aid in the prevention or elimination of slums and blight; and WHEREAS, the City of Iowa City, Iowa, has provided residents of the community with opportunities to comment on the Program Statement; and WHEREAS, the City Council of Iowa City, Iowa, believes that filing the Program Statement with the United States Government will serve the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager of Iowa City is hereby directed to file the attached Program Statement for the 1994 Community Development Block Grant (CDBG) funds with the U.S. Department of Housing and Urban Development pursuant to the Housing and Community Development Act of 1974, as amended. 2. The City Manager is further authorized and directed to provide all necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said Program Statement. 3. The City Manager is hereby designated Chief Executive Officer to act in connection with the Program Statement and to provide additional information as may be required. Passed and approved this gAr>, day of Anril , 1994• ATTEST: M CITY'CLERK ppdcdbg\pgmstmnt.res Approved by City Attorney's.Office7 3-a5- 9y 123 Resolution No. o1_1ga Page 2 It was moved by Kubby and seconded by Pigott the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker x Horowitz Y Kubby Lehman x Novick x Pigott x Throgmorton Z3 Community Development Block Grant PROGRAM STATEMENT CITY OF IOWA -CITY CDBG 1994 Department of Planning and Community Development City of Iowa City tZ3 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1994 METRO ENTITLEMENT PROGRAM STATEMENT Approved and Submitted by. THE CITY OF IOWA CITY, IOWA CITY COUNCIL Susan Horowitz, Mayor Larry Baker Karen Kubby Ernie Lehman Naomi Novick Bruno Pigott Jim Throgmorton COMMITTEE ON COMMUNITY NEEDS Mary Ann Dennis, Chairperson Grace Cooper Linda Murray Lisa Engh Robin Paetzold Susan Feeney Andy Penziner Marc Libants Keith Ruff Rusty Martin Maris Snider CITY MANAGER Stephen J. Atkins DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Karin Franklin, Director CDBG ADMINISTRATION Marianne Milkman, Community Development Coordinator Pam Barnes Steve Long Steve Nasby Steve Schornhorst COMMUNITY DEVELOPMENT DIVISION DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT CITY OF IOWA CITY /23 STATEMENT OF OBJECTIVES 1994 CDBG Entitlement Funds On Tuesday, April 12, 1994, at 7:30 p.m., the Iowa City City Council held a public hearing on the draft objectives and budget for the use of Community Development Block Grant (CDBG) funds in 1994. Upon review of the recommendations of the Committee on Community Needs (CCN) and the comments received, the City Council has determined that the objectives and budget listed below will best serve Iowa City's community development and housing needs, benefit low and moderate income persons and help eliminate or prevent slums and blight. :101111101W 1. To support a program of owner -occupied and rental housing rehabilitation which includes energy saving measures and accessibility improvements. 2. To support programs and services which foster independent living for elderly and disabled persons. 3. To support projects and programs which provide housing and emergency services to persons of all ages in crisis and transitional situations. 4. To encourage development of public/private partnerships with local for-profit and non-profit developers, lenders, realtors, and contractors to maintain and increase the supply of affordable rental and owner -occupied units. HUMAN SERVICES 1. To enhance the physical, mental, educational, and emotional well-being of the City's low- income residents as well as help those persons who are physically frail, troubled, and disadvantaged. 2. To provide assistance to human service agencies so that they can meet, not only current client needs, but also the increasing demand for services by assisting with both capital improvements and operational expenses. NEIGHBORHOOD 1. To maintain and upgrade the condition of the housing stock. 2. To provide and improve open space and recreational facilities in densely populated areas with low and moderate -income populations. 3. To help build a sense of community, assist low-income residents to become self-sufficient and provide options for youth by supporting activities and programs targeting lower-income neighborhoods. ECONOMIC DEVELOPMENT 1. To provide. opportunities for training for employment or self-employment for low-income residents of all ages. ppdcdbg\svn1 abJ.9a 123 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET SUMMARY - 1994 PROGRAM YEAR Proiect Acquisition GICHFBurns - Affordable Mixed Income Multi -family Rental Housing Public Facilities and Imvrovements Neighborhood Centers of Johnson County - New Facility Goodwill Rehab Phase V Domestic Violence Intervention Program - Children's Area Development GICHF - Landscaping Iowa City Public Housing Authority - Landscaping Youth Homes - Exterior Repair of Waterfront Drive Property Public Services LIFE Skills, Inc. - Housing Support Program Coordinator Mayor's Youth Employment Program - Youth Stipends Aid to Human Service Agencies Rehabilitation Elderly Services Agency - Small Repair Program City of Iowa City - Housing Rehab Program City of Iowa City - Manufactured Housing Replacement City of Iowa City - Manufactured Housing Fire Safety Economic Development Institute for Social and Economic Development - Microenterprise Development Administration & Plannine General Administration Planning and Research Unprogrammed Funds TOTAL Sources of Funds 1994 CDBG Entitlement 1993 Program Income - Housing Rehab 1993 Other Program Income ($10,000) Carryover ($31,000) 1994 Estimated Program Income TOTAL ppdcdbg1budgsumm.94 CDBG Budget $151,500 151,000 51,000 15,500 8,500 33,500 61,000 16,060 16,250 105,000 16,500 244,000 46,400 11,250 17,750 115,000 15,000 54,790 $1,130,000 $ 969,000 90,000 41,000 30,000 $1,130,000 l FINAL STATEMENT - Community Development Block Grant Program Name of Grantee: city of Iowa city Activity No. ------------- a . 94010 94030 94035 94020 94025 Grant Number: 894MC190009 Activity Name, Description -------------------------------------------- b ------------ -----•-------------------------- ' 01 - Acquisition of Real Property 570.201(a) / 570.208(a)(3) GICHF/Burns Affordable Rental Units Greater Iowa City Housing Fellowship/Burns Purchase of 20 acres in Iowa City which will be utilized for the construction of 133 affordable multf-family rental housing units for persons up to 60% area median income and 191 market rate units available to all income levels. 03 - Public Facilities and Improvements (General) 570.201(c) / 570.208(a)(2) GICHF - Landscaping Greater Iowa City Housing Fellowship Landscaping around eight units of affordable rental duplex housing being built in Whispering Meadows in order to conform with existing homes in the neighborhood. 03 - Public Facilities and Improvements (General) 570.201(c) / 570.208(a)(2) Public Housing Authority Landscaping Iowa City Public Housing Authority Plantings and sod for 33 public housing units in the Whispering Meadows Subdivision in order to allow the low-income units to "blend" into the neighborhood. 03B - Handicapped Centers 570.201(c) / 570.208(a)(2) Goodwill Rehab Phase V Goodwill Industries of SE Iowa Assist Goodwill Industries to improve accessibility, upgrade its existing facilities, and provide an assistive technology center for 80-100 handicapped clients annually. 03C - Homeless Facilities 570.201(c) / 570.208(0)(2) DVIP Children's Area .......................................... ................. I confidential ........................................................... Period Covered: From: 07/01/94 To: 06/30/95 ----------------------------------------------------------- Nat'l CDBG Furls Location I Ob j Budgeted ----------------------------------------------------------- C I d ........................................... LMH Whispering Meadows Subdivision Coneflower Court Iowa City, IA 52240 Scattered lots in Whispering Meadows Subdivision 1410 S. 1st Avenue Iowa City, IA 52240 Confidential page 3 of 7 LMC LMC LMC LNC f 151,500.00 6,500.00 33,500.00 51,000.00 15,500.00 ------------------------------------------ PAGE TOTALS: 260,000.00 ............................................ Run Date: 04/20/94 Run Time: 15:36:29 FINAL STATEMENT Community Development Block Grant Program ................ .......... Name of Grantee: City of Iowa City --------------------------- Activity No. ........................... a 94015 94060 94050 94045 94040 ......................................... Grant Number: 894MC190009 -------"'-------------------------"'--------------""'-----. Activity Name, Description ........................ti I ---.._..______-----'---________----- ........'.................."............____..._ Domestic Violence Intervention Program (DVIP) Finish construction of the basement at DVIP's new facility. This area will be used for children's progress and counseling. 03E - Neighborhood Facilities 570.201(c) / 570.208(a)(1) Pheasant Ridge Neighborhood Center Neighborhood Centers of Johnson County Construction/Acquisition of a facility to be used for the Neighborhood Center. 030 - Abused and Neglected Children Facilities 570.201(c) / 570.208(a)(2) Youth Homes - Exterior Repair Youth Hanes, Inc. Completion of the exterior work at the facility on Waterfront Dr. which includes new vinyl siding, window replacement, concrete work and Landscaping. 05 - Public Services (General) 570.201(e) / 570.208(a)(2) Aid to Hunan Service Agencies operational funding for three human service agencies. funds will be administered and agencies monitored by City CDBG staff. 05D - Youth Services 570.201(e) / 570.208(a)(2) MYEP - "We Deliver" - Youth Stipends Mayor's Youth Employment Program Provide pre-employment training and teach job skills to youth, particulary skills in order to become self-supporting or to start up a smaLL business. 05K - Tenant/Landlord Counseling 570.201(e) / 570.208(a)(2) LIFE Skills Housing Support Program LIFE Skills Inc ---------------------------------------------- ........................................... Period Covered: Frw: 07/01/94 ------------------------------------------- Nat'l Location ......................... obj c I d ___i__ ------------------------------------------- Pheasant --------------------------------------"" Pheasant Ridge Apartments 2626 Bartelt Road Iowa City, IA 1916 Waterfront Drive Iowa City, IA 52240 City-wide City-wide LIFE Skills assists individuals living city-wide. page 4 of 7 LMA LMC LMC LMC LMC ............................ PAGE TOTALS ............................ .............. To: 06/30/95 .............. CDBG FundsBudgeted .............. a .............. 151,000.00 61,000.00 105,000.00 16,250.00 16,060.00 ................... 349,310.00 ................... Run Date: 04/20/94 Rum Time. 15:36:30 FINAL STATEMENT Community Development Block Grant Program .................� Name of Grantee: City of Iowa City .................� Activity No. ----------------- e ------------------ 94055 94065 94095 94070 94075 .............. .............. __________________________________________________________________________________________________________________ Grant Number: Period Covered: 894KC190009 From: 07/01/94 __________________________________________________________________________________________________________________ Nat'l Activity Name, Description I Location I Obj .................................................................................................................. b e I d Assist Low-income clients with finding housing and staying in housing. Provide education in the area of responsible renting skills such as budgeting, maintenance, safety and effective communication to Low-income renters. 14A - SingLe-Unit Residential 570.202 / 570.208(a)(3) ESA Small Repair Program Elderly Services Agency Assist elderly or handicapped low-income homeowners with small repairs and modifications. 14A - Single -Unit Residential 570.202 / 570.208(8)(3) City of Iowa City - Housing Rehab City of Iowa City Owner -occupied Housing Rehab Program to include comprehensive rehabilitation, weatherization, exterior repair, emergency, residential accessibility (rental and owner -occupied) 14A - single -Unit Residential 570.202 / 570.208(a)(3) Fire Safety for Manufactured Homes city of Iowa City Purchase of 500 smoke detectors and 200 fire extinguishers for 200 manufactured homes where there are serious fire hazards. 14G - Acquisition - For Rehabilitation 570.202 / 570.208(a)(3) Manufactured Housing Replacement City of Iowa City To provide three safe and sanitary manufactured homes for families with incomes below 50% of median income. 18T - ED Technical Assistance City-wide City-wide City-wide City-wide 1901 Broadway suite 313 LMN LMH LMH LMH LMA ............... To: 06/30/95 ............... CDBG Funds Budgeted ............... e --------------- 16,500.00 244,000.00 11,250.00 46,400.00 17,750.00 ------------------------------------------------------------------------------------------------------------------------------------- PAGE TOTALS: 335,900.00 ..................................................................................................................................... Run Date: 04/20/94 page 5 of 7 Run Time: 15:36:31 FINAL STATEMENT Community Development Block Grant Program .................. Name of Grantee: City of Iowa City .................. Activity No. ------------------ a 94080 94085 94090 ...................................................................................••_-----.._.._.._...___.__.---__-... Grant Number: Period Covered: B94MC190009 From: 07/01/94 ----------------------------------------------------------------------------------------------------------------------- metal Activity Name, Description Location I ObI ....................................................................................................................... b I c I d 570.203(b) / 570.208(a)(1) I Iowa City, IA 52240 ISED Micro -enterprise Development Institute for Social and Economic Development To expand the micro -enterprise development Program to assist low-income individuals to became self-employed and/or clarify their career goals. 20 - Planning Planning and Research City of Iowa City General Planning and research related to affordable housing opportunities, services and barriers to affordable housing. 21 - Program Administration General Administration City of Iowa City Administration of the CDBG program. 22 - Unprogramnd Funds Contingency City of Iowa City Unprogrammed funds NA NA NA --------------------------------------------------------------- page 6 of 7 To: 06/30/95 ............. CDBG Finds Budgeted e 15,000.00 115,000.00 54,790.00 .............................. GRAND TOTALS: 1,130,000.00 .............................. Run Date: 04/20/94 Run Time: 15:36:32 FINAL STATEMENT Funding Sources Community Development Block Grant Program ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Nara of Grantee: Grant Number: Period Covered: City of Iowa city B94MC190009 From: 07/01/94 To: 06/30/95 .............................................................................------..................................7--........_..................---......... CDBG Fund Allocation: S 969,000.00 Unprogrammed Prior Years Income $ 131,000.00 Surplus Furls Income $ 0.00 Return of Grant Furls Income S 0.00 Projected Program Income From: f 0.00 $ 0.00 loan repayment $ 30,000.00 TOTAL: S 1,130,000.00 Run Date: 04/20/94 (� page 7 of 7 Run Time: 15:36:32 qBS 8/Z - RESOLUTION NO. 94-124 RESOLUTION AUTHORIZING THE FILING OF A HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM DESCRIPTION FOR 1994 UNDER TITLE II OF THE NATIONAL AFFORDABLE HOUSING ACT OF 1990 AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa, has been designated a Participating Jurisdiction for the HOME Investment Partnerships Program; and WHEREAS, the City of Iowa City, Iowa, is an eligible unit of local government authorized to file a HOME Program Description under Title II of the National Affordable Housing Act of 1990 as amended; and WHEREAS, the 1994 HOME Investment Partnerships (HOME) Program Description has been developed to provide for decent, safe, and affordable housing opportunities which will benefit low income persons; and WHEREAS, the City of Iowa City, Iowa, has provided residents of the community with opportunities to comment on the HOME Program Description; and WHEREAS, the City Council of Iowa City, Iowa, believes that filing the HOME Program Description with the United States Department of Housing and Urban Development (HUD) will serve the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager of Iowa City is hereby directed to file the attached Program Description for the 1994 HOME Investment Partnerships (HOME) funds with the U.S. Department of Housing and Urban Development pursuant to Title II of the National Affordable Housing Act of 1990, as amended. 2. The City Manager is further authorized and directed to provide all necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said HOME Program Description. 3. The City Manager is hereby designated Chief Executive Officer to act in connection with the HOME Program Description and to provide additional information as may be required. / 2Lf It was moved by Kubhy and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker % Horowitz x Kubby x Lehman _ y Novick x_ Pigott x Throgmorton Passed and approved this 26th day of April , 1994. MAYORte= ATTEST: 2/ Approved by:� Q(,LJ S CITY -CLERK City Attorney's Office(`/ -ab -9y / Z�f CITY OF IOWA CITY 1994 HOME PROGRAM DESCRIPTION Department of Planning and Community Development /ZJ4 TABLE OF CONTENTS Standard Form 424 Resolution Approving HOME Program Description Source of HOME Funds for 1994 1 Estimated Use of 1994 HOME Funds and Matching Contributions 1 HOME Funds Reserved For Community Housing Development Organizations 3 Affirmative Marketing Policies and Procedures 3 Women and Minority Business Outreach Program 3 Certifications 4 Exhibit A - Federal Register HOME Award Notice on January 31,1994 7 Exhibit B - Letter of Commitment from the Iowa Dept. of Economic Dev. 14 Exhibit C - Letter of Matching Contribution from the City of lowa'City 15 Exhibit D - 1994-1998 CHAS Priorities 16 Exhibit E - Affirmative Marketing Plan 17 Exhibit F - Small Business Development Plan 21 Exhibit G - Section 3 Affirmative Action Plan 22 (Z'f SOURCE OF HOME FUNDS FOR 1994 On January 31, 1994 the City of Iowa City was awarded $368,000 by the U.S. Department of Housing and Urban Development (see Exhibit A). This is the first year the City of Iowa City has been eligible to become a Participating Jurisdiction (PJ) under the HOME program. As such, the City must meet the minimum threshold of participation set forth in 24 CFR 92.102 (c), this year's minimum threshold amount is $500,000. The City of Iowa City has received a commitment from the Iowa Department of Economic Development for $132,000 in HOME funds (see Exhibit B). These funds will be used by the City to meet the $500,000 threshold amount. Match requirements for the HOME program are set in statute as being 30 percent for new construction and 25 percent for all other eligible activities funded by HOME (24 CFR 92.218). The City will provide a match of at least $125,000. This match will be in the form of cash for acquisition, relocation, or site improvements (see Exhibit Q. ESTIMATED USE OF 1994 HOME FUNDS AND MATCHING CONTRIBUTIONS On March 22 and April 12, 1994, the Housing Commission discussed the staff recommendations for the proposed use of 1994 HOME funds. Staff's recommendation regarding the proposed use of 1994 HOME funds was published, along with a public hearing notice, on April 4, 1994. The Housing Commission made its recommendation to the City Council at the April 12, 1994, public hearing on the HOME Program Description and CDBG Final Statement. Other comments recieved at this Public Hearing were considered by Council prior to approval of the 1994 Program Description at its April 26, 1994, meeting. The following is a budget breakdown regarding the estimated use of HOME funds according to 24 CFR 92.150 (b) 2. Use of Home Funds: Administration $ 30,000 Tenant Based Rental Assistance (All Types) $ 0 New construction $ 0 Community Housing Development Organization (CHDO) Set-aside $185,000 Replacement and Relocation of Manufactured Homes $150,000 Moderate Rehab (Manufactured Home Rehabilitation) $ 35,000 Substantial and Moderate Rehab (Owner -occupied, single-family) $100.000 TOTAL $500,000 Use of Matchina Contributions: Site Improvements and/or Cash for Acquisition or Relocation $125.000 TOTAL $125,000 Iowa City's Comprehensive Housing Affordability Strategy (CHAS) establishes the City's housing priorities (see Exhibit D). The CHAS has been approved by HUD and is the basis for allocation of HOME funds. The following is a brief description of the activities that will be funded with 1994 HOME funds. DESCRIPTION OF ACTIVITIES Administration General administration of the HOME program will be carried out by the City's Community Development Division. The City has budgeted $30,000 for this activity or six percent of the HOME funds, which is well under the maximum ten percent allowed under the HOME regulations. Manufactured Housing - Reolacement/Relocation In part, due to last years flood, the demand for replacement, rehabilitation and relocation of manufactured housing units has been overwhelming, since two mobile home parks (almost 200 units) are located entirely or partially in the floodplain. In response to these needs, the City has begun to work with the private sector to develop a new manufactured housing park. This new site would provide 116 pads at Fair Market Rent for flood victims and other low income households. A number of activities will be undertaken to successfully complete this project, they are as follows: 2. 3. Replacement of manufactured housing units that are beyond reasonable repair. Rehabilitation of units to meet code. Relocation of manufactured housing units. According to the CHAS, housing for renters (in this case renters of pads for manufactured housing) who are below 50 percent of median family income, is the City's highest priority. Also, by voluntarily relocating manufactured housing units future flood hazards are mitigated. These funds are expected to be used in conjunction with the City's 1993 Supplemental CDBG allocation for flood relief. Rehabilitation - Owner -occupied Single Family Units In 1993 the City began a comprehensive rehabilitation program with $250,000 in HOME funds from the State of Iowa. This program compliments the Community Development Block Grant (CDBG) comprehensive rehab program. The HOME program allows the City to assist low income homeowners who do not have sufficient equity in their property to secure a CDBG comprehensive rehab loan. In order to continue the HOME rehab program, the City has budgeted $100,000 in 1994 HOME funds. These funds will assist 3-5 low income homeowners with moderate and substantial rehabilitation projects. Maintaining the older housing stock in Iowa City is very important due to the high real estate market. Many lower income persons are forced to purchase homes in need of rehabilitation because that is all they can afford; as such, the CHAS recognizes owner -occupied rehabilitation as the only priority activity for homeowners. Matching Contribution The City's matching contribution of at least $125,000 will probably be used in conjunction with one or more of the projects detailed above. Documentation of the matching contribution will be kept with the project or HOME files. t 2' HOME FUNDS RESERVED FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS The HOME regulations (24 CFR 92.300) require that a PJ set-aside a minimum of 15% of its HOME funds for Community Housing Development Organizations (CHDOs). Currently Iowa City has one certified CHDO, the Greater Iowa City Housing Fellowship (GICHF). The CHDO may use these funds to develop, sponsor or purchase housing which will be owned by the CHDO. The GICHF plans on using 1994 HOME funds for acquisition of a site for the construction of multi -family rental housing affordable to low income households. This activity, of providing affordable rental housing, complies with the CHAS priorities. HOME funds in the amount of $185,000 have been budgeted for the CHDO set-aside. The City will be working with the GICHF by providing administration and technical assistance. The City will assist the development and the capacity building of CHDOs, as set forth in 92.300(b). AFFIRMATIVE MARKETING POLICIES AND PROCEDURES The City of Iowa City has an active Human Rights Commission which works with Affirmative Marketing and Fair Housing issues. The City has established policies regarding affirmative marketing and will make every attempt to disseminate information regarding projects assisted through the HOME program. Exhibit E describes the City's marketing plan as it relates to rental rehabilitation, this will serve as a basis for the HOME program. WOMEN AND MINORITY BUSINESS OUTREACH PROGRAM The City of Iowa City routinely encourages and utilizes women and minority contractors for its CDBG and State funded rehabilitation activities. Exhibit F outlines the City's procedures for contracting with small and minority firms and women's business enterprises. Activities funded through the City are also in compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (see Exhibit G). All contracts are subject to the requirements of 24 CFR 85 and OMB Circular A-110. /ZJ� u s Exhibit A Monday January 31, 1994 Part V Department of Housing and Urban Development Office of the Secretary Notice of Formula Allocations for the HOME Investment Partnerships Program for FY 1994 and Deadlines for Submission of Notice of Intent, Comprehensive Housing Affordability Strategies, and Program Description; Notice 4528 Federal RegistQ / VoL 59, No. 20 / Monday, January 31, 1994 l Notices FY 1994 HOME PROGRAM MATCH REDUCTIONS BASED ON FISCAL DISTRESS -Continued ]Last column Indicates 100% or 50% reduction] PCI89 PCI ratio FamPv Pot FamRf Ratio 1t 0% 500.6 IN Fast Chicago .... ................ »_.............. ».... ................. ... ».._. 9090 63.7 24.5 231.1 IN Evansville __.»»_.._..._.._-.._.........»» ............ ».._.__... 12564 86.0 11.2 105.7 ...._ IN Fort Wayne .... ....................... _._........... _.».___.................. ......._.. 12726 89.1 8.3 78.3 ....... ........ INGary ........... ....... .... ...... ........ _........... _............................ _..._.. 8994 63.0 26.4 249.1 _.... IN Hammond . ........................ _............. _..»... .................... _........... .. 11576 81.1 11.8 111.3 .............. IN Indianapolis_......................._..._............-__........_............_............. 14605 102.3 9.7 91.5 .............. INMunde._....„.»».».................................. ...._....._.......:. 10686 74.8 143 1349 INTerre Haute .... ........... .......... ............. »._....._.............. _........... .. 10527 73.7 154 1462 IN Lake County ................................................ _...................... _....... _.... 15323 107.3 3.6 34.0 .... _........ IN Lafayette Consortium ............................ _.... _...................... _......... _.. 12570 88.0 6.6 62.3 ........... _. IN South Bend Consortium ........... __........ _............................ _... _........ 13277 93.0 7.1 67.0 _............ "Iowa IA Cedar Rapids .... . .................._................ ... .......................... ..... .... 15246 106.8 6.6 62.3 ............. IA Davenport ............................. ...................... ...................... ..... ...... 12557 88.0 12.4 117.0 IADes Moines ._ ..................... ..._.............__......__...................._.».. 13710 96.0 94 89.6 ............. ............ IA Iowa City ... _... _....................................... ........................... 13277 93.0 93 87.7 .............. IA Waterloo » .......... _._........... .... ............. _...... ...................... _..».. 12475 87.4 143 134.9 IA Sioux City Consortium ......................................... _........................ _.. 12130 85.0 10.4 98.1 .............. "Kansas KS Kansas City ._:..................._............_..__..._........................._..._.... 10478 73.4 14.8 137.7 KS Lawrence ....... ............. _.... ... ......... ...... .._......................... ..... _.. 11760 62.4 11.5 108.5 ._._........ KS Topeka ........ . ..................... _.................. ___...................... ........... _. 13680 95.8 9.3 87.7 KS Wichits.............. _............... _.................. __............................... _.._.. 14516 101.7 9.5 89.6 .... _.._.... KSJohnson County ................................................................................ 20306 142.2 2.8 26.4 .............. "Kentucky KY Covington _._._.. . .................. ............... ... ................................. ... 10293 72.1 17.7 167.0 KY Lexington -Fayette ................................. _.._..................................... 14962 104.8 10.2 962 ............. KY Louisville » .................... ...... ............... _............. ........ a.................. 11527 80.7 18.6 175.5 K'/ Owensboro __ ... _................. ......._............................................._.. 11492 80.5 15.3 144.3 KY Jefferson County........................................................................._... 15351 107.5 6.4 60.4 "Louisiana LA Alexandria.._._.........................._..........._....._...._......................._... 10887 76.3 24.0 226.4 LA Baton Rouge ...... . ..................... _._....... _.............................. _......... 13220 92.5 15.4 145.3 LA Houma-Tanebonne............. ................ _.................................... :...... 9505 66.6 202 190.6 LA Lafayette .... . ..................................................................................... 12925 90.5 17.0 160.4 LA Lake Charles ._..... ............. »............................................................ 11475 80.4 20.3 191.5 LA Monrae............... ............... _............. _.__......................................... 10037 70.3 31.6 298.1 LA New Orleans .. . .................. _................ _.._....................................... 11372 79.7 27.3 257.5 LAShreveport ... ---....................................... _........................ _............. 11663 81.7 20.2 190.6 LA Jefferson Padsh Consortium _ ....... _........... _......... _......................... 12764 89.4 11.6 109.4 .............. "Maine MEPortland ......... ................... .... ._....................... ............................... 14914 104.5 10.6 100.0 .............. "Maryland MD Baltimore ........................... _............................................................. 11994 84.0 17.8 167.9 MD Anne Arundel County ............. ............. _............................ _........ 18522 129.7 2.5 23.6 ........ _.... MD Baltimore County . ................................. _... .__................................. 18658 130.7 3.8 35.8 .............. MD Montgomery County ........................................................................ 25433 178.1 - 2.8 26.4 .............. MD Pnnce Georges County ..... ............................................................. 17512 122.7 3.7 34.9 .............. "Massachusetts MA Boston ................ _..... ............ _............. _.................................. _..... 15581 109.1 15.0 141.5 MA Brockton ...._._..... . .............................. ...... ..... .................... _......... 13455 94.2 11.7 110.4 ........... MA Cambridge .... __... _. - ......... ................................................................. 19879 139.2 7.2 67.9 ............. MA Fail River _ .... _...................... _.......................................................... 10966 76.8 12.3 116.0 ............. MALawrence ................... ........... _.......................................................... 9686 67.8 25.6 241.5 MA Lowell ... __._..................................................................................... 12701 89.0 15.1 142.5 MA New Bedford ..... __... _................. _.................... .............................. 10923 76.5 14.6 137.7 MASomerville ........ .................................... ........................... ............ 15179 106.3 7.6 71.7 .... _........ MA Springfield ............................ __.......................................... _............ 11584 81.1 17.7 167.0 MA Worcester ..... __.... _......................................................................... 13393 93.8 12.2 115.1 ........ MA Barnstable County Consortium ...................... _................................ 16402 114.9 5.8 54.7 __._-._.. MA Fitchburg ConsorEum............ ............. ...... ......................... _....... 13977 97.9 8.7 82.1 .......... __ MA Holyoke Consortium ................ _......... __.............................. __....... 12464 87.3 14.3 134.9 MA Malden Conscrtlum............................. ......... _................ .............. 16550 115.9 7.1 67.0 .............. MA Newton Consortium ......................................... _............................ _ 24601 172.3 3.2 30.2 ....... MA Peabody Consortium....................................................................... 17833 124.9 6.3 59.4 ..-.___._. 4518 Federal Register / Vol. 59, No. 20 / Monday, January 31, 1994 / Notices DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of the Secretary [Docket No. N-94,170.5; FR -3561-N-013 jurisdiction, and, if applicable, must submit evidencet5nt it has mat the threshold allocation requirements* pursuant to 24 CFR 92.103. Notice of Formula Allocations for the HOME Investment Partnerships Program for FY 1994 and Deadlines for Submission of Notices of Intent, Comprehensive Housing Affordability Strategies, and Program Descriptions AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice of HOME Program formula allocations for FY 1994 and deadlines for submission of Notices of Intent to Participate, Comprehensive Housing Affordability Strategies, and Program Descriptions. SUMMARY: This notice announces formula allocations of HOME Program funds for metropolitan cities, urban counties, consortia of units of general local government and States for FY 1994. It also advises all jurisdictions eligible to receive allocations of the deadlines `or submitting their program description, and, for jurisdictions not previously designated as participating jurisdictions, of the deadlines for submitting their (1) Written notification of intent to participate in the HOME Program and (2) comprehensive housing affordability strategy (housing staeagyb. Each insular area will be notified by the - appropriate HUD Field: Office Ofits allocation amount and the submission requirements applicable for insular areas. Finally, this notice armouneesthe local jurisdictions which have 5e m determined to•ber in fiscal distress or irr severe fiscal distress and, thus.recaiver a reduction in matching contribution required fvc the ROME 7rogram_ DATES: For Jurisdictions That Have Previously Been Designated as Partici ppating Jurisdictiontr Not late: than, March 17. 1994, a participating jurfsdicdoa must submit a program dasaipiieatadSe CYI9DLafafan Director in the appropriate HUD Field Office. For Jurisdictions That Have Not Yet Been Designated as Participating Jurisdictions: Notification of intent to participate. Not later than March 2, 1994, a jurisdiction that has not previously been designated as a participating .jurisdiction must notify the Community Planning and Development (CPD) Division Director in the appropriate HUD Field Office in writing, of its intention to become a participating Note: Consortia which include enear mare urban counties which must requalify. an$ thus, must submit a new HOME —orthan agreement are not required to submit a notification of intent to participates& ra% as the consortium has previously been designated as a participating juriwdldfnaand the members of the requalified consartfom are the same as the consortium thatwes designated a participating jurLsdlctft@ts if the requalified consortium has allithe original members plus new members. la other words, a requalified consortdnmisa . participating jurisdiction for Fiscai;Year 1994 only if the members of the requaltfied consortium are the same as the mnsoctlirm that was designated a participating jurisdiction or if the requalified consortium has all the original members plus�aaw members. A consortium that has not previously been designated as a participating jurisdiction or one that has, grcviami bens designated but whose membersharre ahangea (other than just adding new members) most submit a notification of intent to participate and must comply with 24 CFR 92'Sa3 through 92.105. Submission of housing strategy. Not later than 90 days after providing notificatfan of itsintention to Become a participating jurisdiction, a jurisdiction that has not yet submitted a housing strategy to HUD must submit ahousing strategy to the CPD. Division Dtm--rbe the appropriateRUD Field Offices pursuant rot 2-T CFR 91.70(x) and 92.104. Su6missiom o)fp2ngram descriptforn and certifreatiuns. Not later than 45 days after its designation as a partiddpatiagiiarfsd$ction, a near participating furisd'lction must sttfmmit a program description to the CPD Division Director in theappeopriate HLID Field Office, pursuantta 24 CFA 92JW42$. FOR FUA=ER NPOWATION CONE&=: David M: Cohan, Director, Office of Afierdable HousingPragrams:roomy 716x,: LTet of Housing and Urban. Development. Obi Seventh StxWm SaW.. Washington, DG 20410-7000:telep&aae C=). 206r26H5i Hearing- or spaedh . impaired indkoiduais may callE3XI'3 TDD number (202J 755-2565. These are not toll -Bee numbers.) SUPPLEMENTARY INFORMATION: Reduction Act Statement: The information collection requirements contained in tb:knotiee have been approved by the Office of Management and Budget, undirse� 3504(h) of the Paperwork Red'a�m of 1980 (44 U.S.C. 3501-35201L and assigned OMB control number2501- 0013. L Purpose and Substantive Description (A) Authority The HOME Investment Partnerships Program is authorized by the HOME Investment Partnerships Ad, as amended (42 U.S.C. 12701 at seq.) (the Act). The program regulations are codified at 24 CFR part 92. Section 92.50 of 24 CFR contains the basic formula for allocating HOME funds. Regulations concerning the housing strategy are codified at 24 CFR part 91. Section 216(10) of the Act, implemented at 24 CFR 92.50(f), provides that if the amount appropriated for the HOME Program for any fiscal year is less than $S,Soo,000,000, the threshold is $335.000 (instead of $500.000) for a local jurisdiction to receive a formula allocation. Further, in any such year, any jurisdiction that has not been designated as a participating jurisdiction must meet a participation threshold of $500,000 (instead of $750,000) to become a participating . jurisdiction pursuant to 24 CFR 92.102(b) and as indicated below in Section III of this NOFA. Since the amount of funds appropriated for Fiscal Year 1994 is $1,275,000,000, these lower thresholds apply this fiscal year. However, if no local jurisdiction in a State receives an allocation regardless of the appropriation, the State's allocation a irre=sased by 5500,000. Section 217(x)(3) requires the Department to reserve, from each fiscal year's appropriation of HOME funds, the greater of $750,000 or 0.2 percent of the amounts appropriated for grants to the insular areas. Section 217(a)(2) requires the Department to reserve one percent of the amount appropriated for Indian tribes. Thus, for Fiscal Year 1994, the Department has set aside $12,750,000 (one percent of the total HOME Program appropriation) for grants to Indian tribes and $2,550,000 (0.2 percent of the total HOME Program appropriation) for insular areas. The $12,750,000 for the Indian tribes will be made available through a separate niedca in the Federal Register. ARA itians and guidelines for the insular areas will be sent to each insular area by a letter from the appropriate HUD Field Office. >� As authorized by the HUD Demonstration Act of 1993 (Pub. L. 103- 120), the Department is setting aside S47 million for technical assistance, of whkE7a 525 million is for community housing partnership activities and $22 d� mikliikrn is for activities in support of SWr and local housing strategies. A separate notice is being published in the Federal Register concerning the $25 /ZJ� Federal Regret, million in support of community housing partnership activities. This notice allocates by formula the remaining $1,212,700,000. (B)Formula Allocation Amounts Of the $1,212,700,000 available for allocation, sixty percent, or $727,620,000, has been allocated to metropolitan cities, urban counties and consortia of units of local government and 40 percent, or $485,080,000, has been allocated to States: The Department used 1990 decennial Census data to allocate Fiscal Year 1994 HOME funds. In the two previous years, since the 1990 Census data were not available, the Department used 1980 Census data to allocate HOME funds. The Department is required to use data available to the Secretary 90 days prior to the beginning of the fiscal year. Allocations changed for jurisdic tf ons as a result of the appropriation level, the addition of jurisdictions eligible for a formula allocation, and the use of 1990 Census data. The use of the 1990 Census data g changthe most significant reason for es in the distribution of funds.ain Appendix A to this notice conts the formula allocations for States and for metropolitan cities, urban counties, and consortia that receive allocations of eg35,000 or more. The jurisdictions that e an asterisk by their name have not been designated as participating jurisdictions and must therefore comply With the requirements of 24 CFR 92.103 through 92.105. Jurisdictions that have h two asterisks by their name are consortia that, when requalified for Fiscal Year 1994, dropped members and must also comply with the requirements If 24 CFR 92.103 through 92.105. 'CJ Eligibility In the HOME Program, funds are llocated by formula to units of general 1cal government (that, as of the end of 1e previous fiscal year, are ,etropolitan cities, urban counties, or )nsortia approved under 24 CFR 2.101) and to States. The minimum rmula allocation is 5335,000 for a unit 'general local government and :,000,000 for a State. To be eligible to =eive its formula allocation from FiUD, urisdiction must be designated by JD as a participating jurisdiction. waver, once designated as a -ticipating jurisdiction, a jurisdiction tains a particippating jurisdiction and ss not have to be designated again ass HUD revokes its designation in ordance with 24 CFR 92.107. o `^ designated a participating ion, a jurisdiction that has not '&,.,,sly been designated a. icipating jurisdiction, or ane that / Vol. 59, No. 20 / hes had its designation as a Participating jurisdiction revoked, must: (1) Have an allocation under the formula, If its formula allocation is between $335,000 and S50 31, 1994 / Notices 4519 111. Checklist of pard Threshold Submission Requirements and of Program Description Submission Requirements Provide the difference betty e - it must nits formula allocation th (A) Evidence of Meeting Participation Threshold Allocalion Requuren and $s0o 000 or the State may provide the shortfall from its (Applies to New partfcipoting HOME allocation or from other sources (24 CFR 92.102) iurisdfctions Only) A (Note; previously designated partidpaiing jurisdictions with allocations between $335,000 unit of general local government listed in Appendix A that has a formula location of 5335,000 and $500,000 do not have to make up this shortfall); or more, but less than 5500,000, and which has not (2) Submit its notice of ' intent to Previously been designated as a participating jurisdiction, must submit, with its notice Participate 24 P ( OFR 92.103); and Have a HUD of intent to participate, as evidence that it has met the -approved housing stmt) strategy (24 CFR 92.104). 2Participation 0 threshold requirements in When a jurisdiction has complied with the requirements of 24 CFR 92.102 through 92.104 and the HUD Field Office has approved the jurisdiction's housing strategy in accordance.with 24 CFR Part 91, the HUD Field Office will designate the jurisdiction as a PartrmPanng jurisdiction. Once a State or unit of general local government is designated a participating jurisdiction, it remains a participating jurisdiction for subsequent fiscal years according to 24 CFR 92.106, and the requirements of 24 CFR 92.102 through 92.105 do not apply, unless HUD revokes the designation in accordance with 92.107. Thus, while those jurisdi (1) A letter from the governor or designee indicating that the required funds have been approved and budgeted for the unit of general local government; or (2) Authorization from the State to transfer a portion of its HOME allocation to the unit of general local government; or (3) A letter from the chief executive Officer of the unit of general local government indicating that the required funds have been approved and budgeted. (BJ Content of program Descnption (Applies to All Participating Jurisdictions) ava previously been desmons that Pnated as jurisdictions do In accordance with 24 CFR 92.150(6), the description must have a housing must provide the followingpon- strategy, they o not have to not have to meet the requirements of i) and (z) above (1) An executed Sttandard Form 424; (2) For a local participating of this section. jurisdiction the M Program Description Submission Requirements Under 24 CFR 92.150(a), a previously designated participating jurisdiction must submit a program description each fiscal year within 45 days of the date of Publication of the formula allocatio, and a jurisdiction ns that hes not yet been designated as a that Jurisdiction must submit a program description within 45 days of designation. Thus, any jurisdiction including newl receiving an all for the first time, y formed consortia of units of general local government, must meet the requirements far designation as s p�mPating jurisdiction before submitting its program description. funds and oI s mated use of f matching contributionssif if applicable, (consistent with needs identified in its approved housing strategy for Fiscal Year 1994) for each of the following categories of eligible activities: Program administration; community housing development organization operating expenses; new construction; substantial rehabilitation; other rehabilitation; acquisition (not involving new construction or rehabilitation); tenant -based rental assistance; and an estimate of whether units assisted will be rental or owner- . occupied; (3) For a State, a description of how the State will distribute funds (consistent with priorities identified in its approved Fiscal Year 1994 housing strategy) i.e., transferring funds to local jurisdictions that do not meet the Participation threshold allocation level 114 CFR 92.102, administering a competitive process, or directly administering HOME funds. To the extent known, States should identify the /ZJ/ 4529 Ftf" Aegisfsr / Vol. 5% No. 20 / Monday. Jataeat7 Si. IMM / Nestiaa areas In which H(Da funds will be used. In addition, States sholald spadfy the activities to be unAwtakea (Including program admiaistrab" and community housing development organization, operating expenxs) and the tenure groups to be assisted based on their current approved homing strategy, regardless of clot mer2ner of distributiaa FW those pragiam description Items in oararttaphs (5). (7L and (8) of this section below_, that must be approved by HUO, a State may either describe the requirements it pleas to follow or, if distributing funds to Siete redpi®t4, will require its recip"Uts to follow. Alternatively. a Stara may wish to submit to HIM the pr spoead requirements of its State recipients after they have submitted their applications to the State. (4) The amount of HOME Binds that the participating jurisdiction is reserving fur Investment in affordable housing owned, developed or sponsored by community housing development organi"tions. An explanation of herr the jurisdiction will work with community housing development organizations and a description of the activities (type of activity Sad )eves of funds) that community housing development organisations will be undertaking for the jurisdiction; (5) If the participating )tuisdictian intends to use HOME funds for ftrst- time homebuyers; the guidelines for resale or recapture const be desmbed as required in 24 CFR 9ZZ54(a1(4k (61 If the participating juasdtmno intends to use EiGhe fonds for teamt- based rental ersistaace. a description of how the program will be administered consistent with the m®um guidelines described in 24 CFR 92.211. or with the requireman:s of Z4 CFR 92.210 If the participating Nrisdietica Intends to we HOME funds for teoant-based rental assistance soLly fordeposits. (7) If a parodpating�imon intends to use other forma of investment not described to 24 CFR 92-205(b). ■ descupaon of the other forms of investment: and (8) A steteaent of the pelfcj and procedures to. be follcwed by the participating unsdiaian to meat the requirements for affirmative marketing, and establishing and overseeing a minority and women's business outrear`L program under 24 CFR 92.150 and 92351, respectively. (Cl The Follotting Cer-�cabons dust Accompany the Program Description (Applies to AU Participating Jurisdictions) (1) A cer±fication that. before committrne iunds to a project, the participating jurisdiction will evelame theproject in accordance with guidelines that it adopts for this purpose end will not invest any tante hOM6 funds in combination with tither federal assistance, than Is necessary to provide affordable botafrlg; (2) If the participating )eristiictiaa Intends to provide tenant -based rental assistance, the certification required by 24 CFR 92.211, or. if the participating jjuurrirsstmon intends to provide tenant - based rental assistance solely in the form of security deposits. the certification required by 24 CFR 92210: (3) A tartificadon that the tubmiseitta Of the program decmption is atuthotired tinder State and local law (es applicable), and the participating jurisdiction possesses the legal authority to tarry out the Hol f bsrestment Partnerships Program, in eas>zdann with the HMM regulations (4) A certification that it will comply with the acqutisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Polices Art of 1970, as amended. implementing regulations at 49 CFR part 24 and the requiremeal• of 24 CFR 92-353; (5) A certification that the participating jtaisdiction and, if applicable. Stow recipients, will use HOME fends ptastu at to the participating hiii9diction'scurrent PP hong vist yandin compliance with all requirements of Z4 CFR part 92: Now If the prop= dmaiptiaa is whmMed before the jaatrdiafw's Mousing so segy Jor rocal Yes 1994 L appeased, the turuduvon will Oct be able to cardly that Its HOA¢ Lunda rail be used puratant to lis approved I ati Logy K the time it submits its prop -am dasczptica Fowesees the rmisdseaaa tbauld submtt us program desatpoa• -wbmt this pert of this oaruficaooa The Plaid Ono will not app v the pram deocriptax ®til the bousws¢aswp am been appco.ad acid tba regesr.'ed ca"="^^ a mads (6) The csrnfi<mon with regard to the drug -l: ae r,crkpiacis ngtned by 24 CFR part 24. subpart F. acid (7) The CernfiGatlan required with regard to lobbying requtrad by 24 CFR part V. together with dtsclossta forms, if required by 24 CTR part V. U a iursdreuna -leads a copy of the regulations. the StanA&rd Form 424. or Language far any rejuLred certification. It may obtain them 5 -am the Community Planning and Development Division of any HUD Field Ofyu Natr. As par, of :tee a !f53ri to promote wnsa:.d.r 'I 7-cw4. apphcnnan and :+par•we --9L" its ,or its Commussty Pta--.^4 roe 0--90,eat Programs. pcUcpwLrR )madlcuens may request a waiver of the desdliati, for the HOME Pragam to allow the Stun or locality to submit its HOSa Pmgtam Description at tha same time applications arc submitted for the Coity Development Block Giant and Emergency Shelter Grants Programs. The waiser request mutt set lorth the goad cause as :egraed by 24 C_TR 92.7. M CA rsectiooa to Deficient Program Descriptions U the program description is not consistent with a participating jurisdictina's current approved housing strategy or If the patuapating jurisdiafnn has failed to submit information su Ffiri ant to allow HLM to make the necessary determinations. if applicable. required by paragraphs (5). (7) and (al, of section 1148) Content of Program Descripriaa. above. HUD may requsirs the paruaDating jurisdidfoa to furnish such further information or assurances as HT.M wncides necessary to find the program description and re•tif;ratiaw sahafarory. HUD will notify tba participating )umulic'San in writing of &sty deFidandes in the program description within 30 days of receipt The participating jurisdiction must submit corrections or additional ln5ormatian within a reasonable pe . id of time, agreed upon by HUD and the participating Amsdictson. As stated at 24 CFR 92-151(cl. if the part cpawtg )urkdiciffi does not suLmlt mpporting information ender sec== MZB) (5) or (7), abase, that is sufficient to show cotlssescy with its current approved bonsimt e strategy or to kae althe required HUD d_nations or zit ERM disapotovea the guidelines ender section Di -(B1(5) or the Fara of investment under section lJL(B)(7), the Field Office may approve the program description eoaditioadly eszePting those sctirttfes poseted by those sections until each tixe as the necessar information is stshmittad. V.'rtatching Oantrfbanee Requirement (A) AmouM of Matching Contribution Starting with Fiscal Yew 1993 funds. partimparing jariadicb a must providl a Z5 peccant mattsing cOn ribeman for HOAR funds dtrwn from the participat=g jttrndimm's Treasury accounts for :ental assistance, hnadag rehebiHtatioa (induding substantial rehabilitation) Said acquisition of standard housing and a 30 peroaZt natebiag eoatzibuion for HOME fends drawn for now [vast uciao. Unless the participating jtaisdx iOo has received reduction in the --W-h 9qu 'nont. EUgible forms of matdsiag contribution an Listed at 24 (..-R =MG - c Federal Yegiamr / Vol. 59. No. 20 / Monday, January 31. 29% 1 Notices 4521 (BJ Value of IIonoted or Voluntaryfabor The HOME regulations at 24 CFR 92.220(x)(6) state that the reesaaahia value of donated or volaatary labor in connection with the site pprepare tion for. or construction or rehabilitation Of. atinrdable housing may be an elloble farm of matching contribu0006 This seQfan also states at 92.220(a)(6)(ii) that a single rate will be applicable for determining the value of donated or voluntary labor and that the rare will be published annually in the notice of fundrag availability for the HOME Program. For Fiscal Year 1994, the rate continues to be SIO per hour. (Cj Reduction for Fiscal Dir3ress Section 92.222 provides for a 50 geaclt�"'Or t ct'on is the match jprisdtisada 100ainthe matrhions that are ig saves fiscal distress. (1) For Lail Participating Jurisdictions "Fecal distress" far a local participating jurisdiction means the pwtldpaung jurisdiction satisfies one of two statutory criteria and "seven fiscal distress" for a local participating jtaisdiction means the participating jtaisdiction satisfies both of the distxes criteria. The distress criterfa ars: (al poverty rare.—The average poverty rate in the participating j„rf tt itnn was equal to or greater than 125 percaat of the average national poverty rate duffig the calendar year far which the most recant data ars available. as detestmoSad according to information of the Bureau of the Census. (b) Per tapeta income.—The average per capita income to the partfdpating jndsdiction was less then 75 percent of the average nationall per csltita tnrams. during the calendar year for which the most recant data ars available. as determined according to iniormeticn of the Bureau of the Census - Appendix B to this notice lists all local participating )ttdadl =& (and jurisdictions etigible to beppasticipe” jtaisdictions in FY 1994), theraverage per capita income (PCI) far each. haw the PCI for the parncipatfng jtsisdtcian relates to the national average Fa (which is 514.277) and the percent of each jurisdirion" families is poverty and how that relates to the national average (which is 10.5a percentJ. Thus. to qualify under the PC2 ahe, no. the PCI for the jurisdictian must be S10.706 or less and to qualify under the poverty criterion, the percent of Failiasin poverty must be 13.23 pe =t car The iunsdidioas whrnhi meat one of the distress mteris are demtasrinad to in Fiscal distress asci receive a 50 percent reduction of match. Those jtmsdfctions which satisfy both of the distress eiterla ass determined to be In severe fiscal distress and receive a 200 percent reduction in snatch. Tfee first column after the nye of the jurisdiction lists the jarisdictian's average per capita fnconaw. the serand column. the percent of the national average per Capita income; the third Column. the percent of fannies m poverty: the fourth colnam, the percent of the national average: and the fifth column. the pement of match reduction. Nat:. Local participatlag jrudsdiCioas thaSt received a 100% match reduttioo its Fiscal Year 1993 will continue to casaba a 200% match reduction for Fiscal Yes %911 lora1 participating lurisdlcnow tbat ntcalved e 50% match reduction in Fiscal Your 2996 will continue to receive a 50% merry reduction in Fiscal Year 1994. unless the participating jurisdiction is detern feed m be, In severe fiscal distress in Fiscal Year 199L >e that case, the panic ating jurisdiction will receive a 100% reduction for Fiscal Yuan 1994 and 1995. (Sea 24 CFR 92;22(x)(41)• (2) For State Psrtidgeting Jurisdictions The criteria, for determining fiscal distress and severe fiscei distIIlai lost States were published as a pvuposad nage in the Federal Regi~Aprfl 29,' 2993. Until an tatar'in rale Implementing the crtterla is pubhabe$ the Department cannot provides reduction to States based an fiscsL distress or severe fiscal distress. Ager the publication of the fatxlm rulm the Department will publiab the bet Of States that are det-Sunned to be In Fecal distress or severe fiscal distress. (D) Match Redudioa for PresidraCaIIJ- Dedared Disaster Are= Section 9z.277(bl of the FECUE mgulauons (as published PASS&23,1493 at Sa FR 34146) gravidae that If alacal psracrpa=4 turrsdiaiass js located in an area III which a mAlor diumm sr tar declared putauaat to the Robert T. Stafford Otsasw Reifef and Emergency Aanstanca Ac. HUD mel reduce the matching req'uement by tip to 100 percent for the fiscal year in which the derlamuon of major disaster is made and the following fiscal year. Farther S 92 222(b) providm� F� a State pamcpanag patsdictian HUD nay reduce the .-..rh roquirem�tby up to 100 peroaat ka the fiscal year in which the dsclareuea of mejcr dismsm is made and ruse foilawtng fiscal year wtrh respect to Lay HC&M ftmds expanded in an arta ro which the hr;bSr declemtio0 of a amror disaster applies. To inquest a redacuon. a Nuvczpating tea jmtsdfenan m,.si R.eeut ev the local HUD Office a cop! of the disaster decla2adon with Its request far e redaction. T9ie is not a waiver requiring Headquarters approval. The local HUD' Office has. the aotiority to approve the match reduction without consulting Headquartam Or seeking tts tancmtence However, tin local HM Office must nadfy Headgnartitm of sap pattfdgatina jurisdiction whose ma thing funds contribution has been redaced an the basis of its being declared a major disaster nnsm Note. HUD has alzaady reduced by loa percent the sattimatributina requirameac for liL'ht,E funds for Fiscal Years 19,93 and vhf ferlocal panicgstSag kr.-udicsic� whtcb have received- a daciaratiau of malar disaster and which received FiOts48 dieeater retial ftmda. b\rthar.MM Bas r.ducad tha=tching coaCibution fw=Plw HOME funds Sor Slam [test her& ra-Md SOUR disaster ralisf fetich6 bat mly for those :_Sul= HOsm funds that am used in as axes that has been declared a major disaster trade the Robert T. Stafford 0i9asterRettef and F=e rgenry e Assistan:lri Tka asltdmmem that the participating Jurisdi4tioa submit a mpy of the dlseatar dociara +M besbean waved Cor those jurisdictivas thathave. received HOtrlfi disaster mlief funds. VL Reallocation of HOME Funds Since ab funds wen avjufable for retnacadan in Flspai yeer 1993, 120 isallocations were made. If funds become available for reallocation in Fiscal Year 1994, the reaIlQC&fi01113,will be done in compliants with. Subpart J t the HOME Program regulaticam Partinpatisg jwisdicrions am reminded of the stattitcrT Provision the vnx,T- Amds are available to partmPadng)urisdictiom for to affordable housing for parjod of 24 montbs-Taispeoesicm is implemented at 24 CFR 92.500(d) whit pavvides that any funds that are not cammiaed after 24 months of the last day of the month in which the• ft nde were made availakda to tba pirtiapatir jurisdiction will bare apRaed. T'ais deadline for committing Fiscal year 1992 HOkS funds camas earfT (r the Spring of 1994 for some participau VM Other Matters Environmental fmpcct A Finding of*lo Significant Impact witb respect to;bA e&visnumenc has been made in accordance with HUD regufatians at 24 CFtt part 50: whfc-'" implement section ICrt(2J(Cl of the National Fnvfroamenfal Foiicy Ars of 1569. The Finding is available fnrpab inspection bereteea 7:30 a.m. Aad 57C per, weekdays, in the Office afths Ra Docket Clerk. Office of the General ^Federal Register / Vol. 59, No. 20 / Monday, January 31, 1994 / Notices 4523 IFW W ym 1294 fu,4dldoW F-('.mtlaow '� of [Fud r.s 14W w»:.w;,r.� dlaerlae b t6ou.vda of lFuol y.e t994 )tuidltllYY; WYoaoY m rhaYrad� et ddLnF-CYYtlau•d A066uF'000HGY•Q CA Macon .......... __ GA Savannah 873 KY Owensboro• ....................... 365 MN Minneapolis ....._._..__... 2.860 ........................... CA De Kalb County ................. 1.129 1.597 KY Jefferson County ................ 967 MN SL Paul ............................. 1.830 Cobb County Consortium . 2,547 Subtotal ............................. _. 18,556 MN Dakota County Consor- titmr .............oun tium ..........._...... 1.727 Subtotal ..................»». .. 26,911 LA State of Louisiana ............. I0,771 MN Hennepin Couaty Censor. ' HI State of Howell _......... ... _ 3,W0 LA Alexandria ................»___ LA Baton Rouge 379 1,803 Cmn................_.................... MN SL Louis County Consor- 1,385 HI Honolulu ............................. 4,271 ........... _.... _ LA Houma-Terrebonne• ......_. 488 tium...................................... 1.207 Subtotal ................................ 7.271 LA Lafayette ........._.__._. LA Lake Charlles'es. 530 Subtotal ................................. 15.460 ID State of Idaho ........ _._.._. 3,247 ._____....._.. LA Monroe """""""""""""""' New LA New Orleans 455 -480 MS State of Mississippi .......... 20,908 ID Boise................................LA _.__....__.._... LA Shreveport ......................... 5,767 1,251 MS Jackson .............................. 1.168 Subtotal ........................... ..... 736 3,A L Jefferson Parish Coasor- Subtotal ... 12.076 tium..................... _...... _.... 1,926 IL State of Illinois ............ _.... _ 17,839 Subtotal MO State of Missouri _.._ 11,017 IL Chicago ................................ 26.180 ................................ 23.850 MO Columbia __�._..._ 4I6 IL Decatur ................................ IL East SL Louis ..................... 554 537 ME State of Maine ....... 4.123 MO Independence • ._._._...... MO City 420 2,379 IL Joliet* ........................ _...... _ 391 ME Portland ............................. 507 SpringKansas eld .__..._._.._..._ MO Springfield _._._...._.....' 828 II. Peoria . .......................... 872 Subtotal ................................ 4,630 MO SL Joseph • _... _...... _..... .. 455 IL Rockford .................... _........ 846 MO SL Louis ..... ....... ............ 4,096 IL SpriagSeld ........................ _. 568 MD State of Maryland ............. 5,352 MO SL Louis County .............. 2,104 ' IL Madison County ................. 1,108 MD Baltimore .............. _.......... 6.758 ' IL Will County ........................ 457 MD Anne Arundel County _.. 794 Subtotal ...___� 22.705 IL Cook County Consortium•• 4,592 MD Baltimore County 1.774 II. Du Page County Censor- MI) Montgomery County __ 1,737 MT State of Mentees ._.__..... 3,217 tium ..... ........................... _.. V47 MD Prince Georges County _.. 2.033 MT Billings • ____.____.__.._ 379 IL Lake County Consortium..... 1,208 IL SL Clair County Subtotal ...... _.................... 16.448 Subtotal ........................ 3.596 Consortium• ........................ 745 MA State of Massachusetts ..._ 9,749 NB State of Nebraska..--.--- 3,809 Subtotal ....................._..._... S7,644 MA Boston ................................. 3.569 NE Lincoln ....... 618 MA Bmclnoa ........................... 868 NE Omaha ...._.._.._._.._.__.: _ 1.759 IN State of Indiana ............_... i IN Anderson• :....... 10,330 MA Cambridge .....______ 716 Subtotal ............._. 81386 ............._... IN Bloomington .................... _. 435 424 MA Fall River ......................».. MA Lawrence ... ...... 894 978 ................ NV State IN East Chicago' ................. _.. 377 MA Lowell 919 of Nevada ................. 3.000 IN Evansville ........................... ' IN Fort Wayne 754........ ....._.._.._....._.._._. >dA New Bedford .»».._...._..., 1,090 NV Reno ............................ NV Clark County Consortium. 693 2.918 ......................... IN Cary 776 MA Somerville 6W ..................................... IN Hammond 1.106 525 MA Springfield _�..... 1,555 Subtotal ....................a.......... 61511 ................ _....... _ IN Indianapolis ........................ IN Muncie 3,772 MA Worcester MA Barnstable County 11319 NH State of New Hampshire .. 3.000 ............................... IN Terre Haute• 506 396Consortium_- Consortium* - 619 NH Manchester ........................ 514 ...................... ' IN Lake CountyMA ........................ 531 Fitchburg MA Holyoke Consortium 484 910 Subtotal ............_.._.............. 3.514 IN Lafayette Consortium- .._.._ 567 _. MA Malden Consortium 2,821 ' IN South Bend Consortium _„ 930 ..., ISA Newton Consortium ^_ 910 NJ State of New Jersey ............ 7,002 Subtotal ..... ».................... ». 21,429 MA Peabody Consortium 2.288 NJ Atlantic City ....................... 428 MAQuincy Consortium .......... 603 NJ Camden ............................... 1,152 IA State of Iowa ............ _.........8.358 MI State of Michigan ........._... 18.602 NT East Orange ..................._... 718 IA Ceder Rapids* ..... _........... _ 457 Ml Arm Arbor ............. ........... 507 NJ Elizabeth ............................. 1,036 IA Davenport ............. _............ 576 MI Battle Creek • ......... ........ _. 368 `NJ Irvington ............................. 441 IADes Moines ................... _.... 1,032 MI Dearborn • .......................... 379 M Jersey City ........................... 2,253 IAIowa City* ..... ..................... 368 MI Detroit ................. _.............. 13.134 NJ Newark ........................... _... 3,215 7AWaterloo* ...... :................ ... 444 MI Flint ................................ _.. 1,471 M Passaic ................................. 624 IA Sioux City Consortium- _.. 540 MI Grand Rapids ..................... 1.325 M Paterson ...... _...................... 1,269 MI Jackson • . .................... ...... 392 NJ Trenton ............................... 728 Subtotal ......_.___.__..___ . 11.775 MI Kalamazoo ......................... MI 703 ' NJ Bar ggeea County .................... NJ 8ur1'mgton County 2.171 712 ......................._. 927 ...».._.� KS Stale of Kansan .�__»_._ 3,631 MIi�' Muskegon................ 407 NJ Essex County ...................... 952 ISS Kansas City ............... _...... 888 MI Pontiac ....................... _...._. 663 NJ Gloucester County .............. 616 KS Lawrence* ........ »».......... 379 MI Saginaw ...................... _..... 852 NJ Middlesex County .............. 647 KS Topeka ........... ..... .......... _. 555 MI Warren • ............................. 367 NJ Monmouth County ............. 925 KS Wichita ................. _..... _.... 1,494 MI Genesee County ................. 913 NJ Morris County _..._..___ 499 KS Johnson County' .._......__. 450 MI T,ant County • ................... 396 NJ Somerset County ..—_.._ 431 Subtatal MI Macomb County ---'— 582 NJ Camden County Consor- ._....................... .... 9.397 MI Oakland County,................. 1.143 tium .......... .... ........... .... _..- 845 - .Y State of Kentucky ...... _.... ., 13.159 MI Wayne County ................... 1.263 NJ Hudson County C0115017 - . .1y Covington .._............ _..__., 473 Subtotal ................................ 44,394 dum ........... ....... NJ Mercer County Consortium 2.525 455 KY Lexington -Fayette ............. 1.121 NJ Ocean County Consortium . KY Louisville ........_........»»..... 2,471 MN State of Minnesota ........... 6,471 NJ Union County Consortium _973 1.053 /27 STATE OF I< TERRY E. BRANSTAD, GOVERNOR February 24, 1994 Exhibit B The Honorable Darrel G. Courtney Mayor, City of Iowa City City Hall 410 East Washington Iowa City, Iowa 52240 Dear Mayor Courtney: DEPARTMENT OF ECONOMIC DEVELOPMENT ALLAN T. THOMS, DIRECTOR The State of Iowa, acting as the state participating jurisdiction for the HOME Investment Partnership Program, authorizes the transfer of $132,000 to the City of Iowa City HOME program. This one time allocation of funds is being made in order to meet the threshold 'of $500,000 required by the U.S. Department of Housing and Urban Development to establish participating jurisdiction status for Iowa City. The Department of Economic Development looks forward to working with you as we continue our efforts to improve affordable housing in Iowa. Sincerely, Allan T. Thoms Director CC: M. Milkman File IOWA NETWORK R)R BUSINESS :VSSISTANCE 200 EAST GRAND DES MOINES, IOWA 50309 575/242-4700 ( FAX: 575/242.4859 /� Exhibit C City of Iowa City MEMORANDUM - TO: Marianne Milkman, Community Development Coordinator FROM: Stephen J. Atkins, City Manager DATE: April 11, 1994 RE: City's Matching Contribution for the HOME Program The HOME program presents the City and its partners, non-profit and for-profit, with another source of funding to further the community's affordable housing goals as prioritized in the CHAS. The Council encourages and supports affordable housing activities. As such, the City is committed to meeting the match requirements of the HOME program for FY94. At this time, we have not determined the exact sources of funds for the required $125,000 (approximate) match. However, the sources are likely to include infrastructure improvements, cash for land acquisition, and funds for affordable housing provided by the private sector. AZT ------....-- •---------- ---------------------------•---------•----...-----------•-•--------------- ------------•----------••--------- HUD Table 2 U.S. Department of Housing and Urban Development Office of Community Planning and Development Priorities for Assistance Comprehensive Housing Affordability Strategy (CHAS) 5 -Year Plan Instructions for Local Jurisdictions ..................................................................................................................................... Nome of Jurisdiction: City of Iowa City, Iowa I Renters I Homeless I Non -Homeless -------------------------------------------------------------- Elderly I Smell I Large Persons I Persons I 1& 2 I Related I Related --------•----- -------- Member I Households Households with I I Households 112 to 4) 115 or morel Children I A. Household Income(A) 1 I IBI ............................. I (C) IFI .1 ...........I .................. i .................. i .................... 1. Very Low i .................... 31 .............. ..-..------------- 0 to 30% MFI' I 1 1 .. .......................... 1 1 1 i .................. i -------------------- 2. Very Low i -----.-.-..-.--..... 21 31 to 60% MFI' I l I 1 1 1 . ............... . ............ i ---------------- i ---------------••-- .3. Other Low i -------------------- 51 to 80% MFI' I 21 ' ................ . . ............ 2 1 2 I ------------------ I ------•------------- B. Activity I -------------------- 1. Acquisition I P I ................ P I P ... ........... I------------------ I ......---------...P 2. Rahe.......... I ----------------- I -------------------- I -------------------- I 3. Now ---------------_P Construction I I ... .......................... ------------------ P I P i -------------------- 4. Rental i i ------.--------.--.- Assistance I P I ---------------- --• ........... ------------------ P I P I -------------------------------------------- 5. Homebuyars 1 Assistance I - .. ...........................I ------------------ -------------------------------------------- 6. Support - Facilities I I I I & Services I P I I I s Or, based upon HUD adjusted income limits, if applicable. KEY: I - Highest priority; urgent need 2 - Medium priority; necessary 3 o Lower priority; desirable P - Primary activity S o Secondary activity All Other Households IDI —2 S Is PI Five Year Period: (enter fiscal via.) FY: 1994 through FY: 1998 I I Owners I Homeless I Non -Homeless • ------------- ------------------ I Persons I Persons sl -Time Homeowners I I with Special --------•----- -------- ----------I Indvdls. I Families I Needs with I All I I I Children I Others I I I IFI .1 ...........I .................. (G) 1 I (HI 1 11) I (J) .............. I .............. I .................... 31 .............. ..-..------------- 31 I I 31 ............. ------------------ I 31 I 1I tI 1 21 I 21 I I I I PI P P _5 P P PI PI I PI I I I I I SI S1 PI PI S P P Exhibit E AFFIRMATIVE MARKETING PLAN FOR RENTAL REHABILITATION PROGRAM CITY OF IOWA CITY, IOWA 1. Purpose This Affirmative Marketing Plan is designed to conform to the requirements of the U.S. Department of Housing and Urban Development (HUD) published at 24 CFR 511.10(m)(2). The plan sets forth the City of Iowa City's procedures and require- ments, as administered by the Department of Planning and Program Development, for affirmatively marketing vacant housing units rehabilitated or proposed to be rehabilitated through the Rental Rehabilitation Program. 2. General Policy It is the City's policy to attract eligible persons from all racial, ethnic and gender groups in the Iowa City housing market area to housing that is assisted through programs administered by the City. To this end, the City will make every effort to assure that individuals who normally might not apply for vacant rehabilitated units because of their race, ethnicity, religion, sex or handicap: - know about vacancies. - feel welcome to apply. - have the opportunity to rent the units. The City will work with participating rental property owners to ensure that units rehabilitated under this program are made available to all persons on an equal basis. 3. Outreach to the Public. Owners and Potential Tenants - City Procedures a. Media. The City will utilize local media to advertise (1) the availability of rehabilitation grant assistance for rental properties and (2) the availability of vacant housing units in rehabilitated properties. Press releases will contain the Equal Housing Opportunity slogan and a statement of affirmative marketing policy. Display ads, posters and other published materials will contain the Equal Housing Opportunity logo and slogan. The following media will be used for display advertising: Iowa City Press -Citizen and Daily Iowan - newspapers Local government access channel - cable TV 'Press releases from the City are received by all area print and electronic media. b. Other Means. The City will utilize other appropriate methods to inform the public. This may include personal and written contact with organizations, such as those listed below, encouraging them to make information on the vacant units available to all persons on do equal basis. /CT z Business organizations - Iowa City Board of Realtors, Iowa City Apartment Owners and Managers Association and local lending institutions. University organizations - Housing Clearinghouse and the Protective Association for Tenants, Iowa Memorial Union; the University of Iowa Financial Aid Office, Calvin Hall; and the Housing Assignment Office, Burge Hall. Other organizations - Crisis Center; HACAP Center; and the City of Iowa City Assisted Housing Division. The Assisted Housing Division will be of particular value in that it serves as the local PHA, receives referrals through a network of local human service agencies and maintains a current waiting list of Section 8 eligible tenants. Meetings of the Iowa City Housing Commission and Committee on Community Needs, which are open to the public, will serve as another forum for announc- ing the availability of rental rehabilitation grant assistance and discussing the City's affirmative marketing policy for the program. Other public meetings will be scheduled to explain the Rental Rehabilitation Program to owners and tenants and discuss the affirmative marketing policy and requirements of local and federal fair housing laws. The staff of the Iowa City Human Rights Commission may be called upon to assist in explaining fair housing laws and to review potential housing discrimination practices. 4. Reauirements and Procedures for Owners Property owners who participate in the Rental Rehabilitation Program will be required to comply with the following affirmative marketing practices and procedures with regard to vacant housing units: a. Include the Equal Housing Opportunity logo and slogan or statement in all advertisements for vacant units in local media and printed materials. b. If a rental office is utilized or operated by the owner, whether on or off premises, display fair housing posters in a conspicuous place. C. Use the Assisted Housing Division's waiting list of Section 8 eligible tenants as a source of referrals for the rent -up of vacant rehabilitated units. d. Provide written assurance to the City that vacant units will be made available to prospective tenants on a non-discriminatory basis. e. Maintain records of all efforts to affirmatively market vacant units. For example, copies of newspaper ads and documentation of the owners' contacts with the local business, University and community service organizations and other efforts to publicize the availability of the vacant units. Keep records on race, ethnic and gender characteristics of applicants for 90 days after rehab is completed. Enter into an agreement with the City certifying compliance with items 4a -e above for a period of at least seven years from the date of completion of the rehabilitation. 3 5. Special Outreach Efforts If, during the course of administering the Rental Rehabilitation Program, it is determined that special outreach efforts are needed to attract persons of particular racial, ethnic or gender groups to vacant units in rehabilitated projects, the City will: - determine which group(s) need additional outreach and contact service organizations, churches, and University clubs servicing these group(s). - notify the business, University and community service organizations listed in Section 3b above of the special outreach needed. - assist owners to locate prospective tenants by making referrals from the Assisted Housing Division's waiting list and target advertising as needed to expand the list. The City will require that owners begin their special outreach efforts immediately upon learning that a vacancy will occur. Owners should request a 30 -day notice from current tenants planning to terminate their tenancy so that the outreach efforts can begin before advertising to the general public. 6. Recordkeepina Reauirements All records pertaining to affirmative marketing efforts of the City and the racial, ethnic and gender characteristics of tenants before and after rehabilitation, as well as those who are displaced, will be maintained by the City in accordance with HUD Regulations at 24 CFR 511.71. The City will ensure the owners also maintain records to document their affirmative marketing efforts. (See Section 4 above.) The City will maintain records of the following: - press releases and newspaper ads. - copies of notices and documentation of contacts with the business, University and community service organizations listed in Section 3b. - documentation of interviews with tenants. 7. Assessment of Affirmative Marketing Efforts The City will conduct an annual assessment of the effectiveness of its affirmative marketing efforts for inclusion in the Rental Rehabilitation Program annual performance' report to HUD. At a minimum, the assessment will include: a. A summary of good faith efforts by the City and participating rental property owners to affirmatively market rehabilitation units. To determine if good faith efforts have been made, the City will compare information contained on the records to be kept, as determined by Section 6, with actions that were taken to carry out the procedures in Sections 3 and 5. If the required steps were taken, the City will determine that good faith efforts have been made. 4 b. The results of the affirmative marketing efforts in terms of the race, ethnicity and gender of the heads of households occupying rehabilitated units. To determine results, the City will examine whether or not persons from the variety of racial, ethnic, religious, gender or handicapped groups in the area applied for or became tenants of the units that were affirmatively marketed. If it is found that a variety is represented, particularly the targeted groups determined to be in need of outreach, the City will assume the procedures were effective. If it is determined that a participating rental property owner is not making good faith efforts to affirmatively market vacant units, the City will take the following corrective actions: The City will issue a written notice to the owner stating his/her non-compliance with the terms of the rental rehabilitation grant agreement and corrective actions (e.g. advertising) which must be taken by the owner within a specified period of time, not to exceed 60 days. b. Continued non-compliance within the specified time period and, thereafter, during the term of the rental rehabilitation grant agreement, will result in the City taking legal action to recover 100% of the rental rehabilitation grant assistance for the owner's project. All cases of apparent discriminatory practices by owners will be referred to the Iowa City Human Rights Commission for review and remedial action under the housing provisions of the Iowa City Human Rights Ordinance. Public Notice and Review Copies of this Affirmative Marketing Plan will be made public and available for citizen review, upon request, in the offices of the City Clerk and the Department of Planning and Program Development. I acknowledge receipt of this marketing plan and hereby will comply with items 4a -e for seven years from the date of completion of the rehabilitation. Owner - ppdMbgVd+tl\aNrmk .ww Witness Rev. 4-87 (z4 Exhibit G CITY OF IOWA CITY SECTION 3 AFFIRMATIVE ACTION PLAN FOR CDBG PROJECTS 1993 PROGRAM YEAR Purpose This plan is designed to meet the requirements of the City's grant agreement with the U.S. Department of Housing and Urban Development for the Community Development Block Grant Program, pursuant to Section 3 of the Housing and Urban Development Act of 1968, as amended. In particular, this plan expresses the City's desire to utilize businesses located in or owned in substantial part (i.e. 51 % or more) by persons residing in the "Section 3 covered area' for the contracted portions of the CDBG program. The Section 3 covered area is defined as the entire area of Johnson County. Contracting Opportunities Listed below are the projects and activities, and budgeted amounts, which are to be contracted during the 1993 CDBG program year: Proiect/Activity CDBG $ Amount Housing Rehabilitation $300,000 ESA Small Repair Program 16.000 Total $316,000 Other small scale opportunities for contracting occur through purchases under General Program Administration. The City will endeavor to purchase services and supplies from local firms whenever possible and when such purchases are consistent with the purchasing procedures of the City. Goals for Contracting The City will set a goal for $253,000 (80%) of its 1993 CDBG program budget to be contracted with local businesses through the CDBG program. Affirmative Contracting Procedures The basic procedures for contracting are outlined in the Purchasing Manual for the City of Iowa City. They are numbered by relevant sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." The procedures for Section 3 compliance will generally apply to all CDBG funded contracts in excess of $10,000. Other procedures are listed below. CDBG program' staff will be responsible for monitoring compliance with Section 3 requirements and will assist City departments and subrecipient agencies that are responsible for implementing projects, where necessary, to solicit local business participation in CDBG projects. CDBG staff will ensure that all "good faith" efforts to achieve Section 3 goals are adequately documented. 1 LJ4-- 2 2. Working with the Purchasing Agent and other appropriate City staff, the CDBG staff will ensure that local businesses are included on lists of bidders when direct solicitation is used or local businesses are made aware of CDBG projects being bid through advertisements published in the local newspapers. 3. When a normally negotiated CDBG funded contract (i.e. under $10,000) is to be let, all proposed subcontractors will be advised of Section 3 requirements as part of the written request for proposals. 4. The Section 3 clause will be included in all contracts and subcontracts for work to be performed under the CDBG program. Any contractor or subcontractor who enters into an agreement with the City for such work certifies their compliance with the Section 3 requirements. In addition, the City will incorporate within any bid documents its Section 3 plan. Bid documents will state the area defined as the Section 3 project area for the benefit of all bidders. 5. A representative of the CDBG staff will attend all preconstruction or construction conferences to review the responsibilities of each contractor and subcontractor under Section 3. The contractor's or subcontractor's Section 3 plans will be submitted to the City at that time. CDBG staff will review the Section 3 plans and documented good faith efforts of contractors and subcontractors and will make recommendations as to ways of meeting goals. Nothing contained in these procedures for soliciting local business participation'is intended to preclude the City's responsibilities and efforts to solicit the participation of minority and women - owned businesses in the CDBG program. a1:\sec3plan 12- R& -�L RESOLUTION NO. 94-125 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD ON MAY 14, 1994. WHEREAS, the Police Department of the City of Iowa City, Iowa has during the past months stored a number of bicycles which have been abandoned by their owners; and WHEREAS, the Police Department has made every effort to locate the owners of these bicycles and has been unsuccessful in its efforts; and WHEREAS, the number of bicycles which have been accumulated have now become a storage problem, and the same are a burden on the City of Iowa City; and WHEREAS, it is in the public interest that said bicycles be sold at public auction to the highest bidders. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest cash bidder therefore, on May 14, 1994, 1:00 PM, in the Chauncey Swan area and that Notice of said sale shall be published in the Iowa City Press Citizen once each week for two consecutive weeks, the date of the last publication being no more than one week prior to the day of the sale. 2. That the proceeds from the sale of these bicycles shall be paid into the Public Safety Fund portion of the budget of the City of Iowa City, after first deducting therefrom the costs of the sale. Passed and approved this 26th day of April , 1994. MAYOR Approved by Attorney's ice It was moved by Novick and seconded by rieott the Resolution be adopted, and upon roll call there were: police\bicycle.res AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby Lehman Novick Pigott Throgmorton 125 r�s �eL RESOLUTION NO. q4-196 RESOLUTION ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE BUILDING INSPECTION DIVISION OF THE DEPARTMENT OF HOUSING AND INSPECTION SERVICES. WHEREAS, the City of Iowa City reviews plans and issues building, plumbing, electrical, mechanical, sign, site development, and grading permits for construction, and issues demolition permits to assure safe demolition and proper disposal of rubble from buildings, and issues moving permits to assure the safe relocation of existing buildings; and WHEREAS, the City of Iowa City licenses electricians, plumbers, sign erectors and house movers who wish to conduct business within the city; and WHEREAS, the City of Iowa City issues certificates of occupancy prior to a building being occupied and pursuant to a change in occupancy; and WHEREAS, the City of Iowa City periodically mows weeds on private property and removes snow from public sidewalks adjacent to private property; and WHEREAS, the collection of fees for the above mentioned services is authorized by the various ordinances providing for these services, and is necessary to offset the costs of providing said services; and WHEREAS, it is in the public interest to exempt other governmental agencies from the payment of permit fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the attached fee schedules for the aforementioned services and activities of the Iowa City Building Inspection Division be adopted and effective May 16, 1994. Passed and approved this 26th day of Anr;i , 1994• ATTEST: 2e Zet��� CITY CLERK hisbldgWees.res MAYOR Ap oved by City Attorn s Office I 2(0 Resolution No.' oa_i?a Page 2 It was moved by Kubbv and seconded by Novick the Resolution be adopted, and upon roR call there were: AYES: NAYS: ABSENT: x_ Baker g Horowitz g Kubby X Lehman X Novick y Pigott x_ Throgmorton tU2 PERMIT, PLAN REVIEW, INSPECTION AND LICENSING FEES FOR IOWA CITY BUILDING INSPECTION DIVISION BUILDING PERMIT FEES Total Valuation Fee $1.00 to $1,000 $25.00 $1,000 to $2,000 $25.00 for the first $1,000 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000. $2,001 to $25,000 $45.00 for the first $2,000 plus $7.00 for each additional $1,000 or fraction thereof, to and including $25,000. $25,001 to $100,000 $206.00 for the first $25,000 plus $4.00 for each additional $1,000 or fraction thereof, to and including $100,000. $100,001 to $500,000 $506.00 for the first $100,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $500,000. $500,001 and up $1,784.00 for the first $500,000 plus $2.00 for each additional $1,000 or fraction thereof. PLAN REVIEW FEES 1. Single family and duplex dwellings: The plan review fee shall be designated as one-half of the building permit fee. 2. All other projects requiring plan review: The plan review fee shall be a separate additional fee equal to 65% of the building permit fee. 3. Additional plan review required by changes, additions or revisions to approved plans: (minimum charge - one hour) .............. $30.00 per hour DEMOLITION PERMIT FEES 1. For a permit issued prior to the commencement of any demolition work .... $25.00 2. For a permit issued subsequent to the commencement of any demolition work on an officially designated Historic Building or any building within a historic preservation district ...................... $1,000.00 3. For a permit issued subsequent to the commencement of any demolition work on any other building ..................................... $200.00 GRADING PERMIT FEES 1. Minimum fee for the issuance of any Permit ........................ $25.00 2. For review of grading plans .................................... $30.00 (minimum charge - one hour) per hour MAJOR SITE PLAN REVIEW FEE .................................. $175.00 i ua CERTIFICATE OF OCCUPANCY (C.O.) 1. For the issuance of a C.O. in conjunction with a building permit ....... No charge 2. For the issuance of a C.O. in conjunction with a change in use .......... $25.00 3. For the issuance of a temporary C.O. ............................ $15.00 MECHANICAL PERMIT FEE Residential Fee Schedule Minimum fee for any permit ......................................... $25.00 1. For the installation or relocation of any permanent appliance or equipment regulated by the Mechanical Code, including ducts and vents ... $25.00 2. For each additional permanent appliance or piece of equipment regulated by the Mechanical Code installed in a dwelling unit (heating unit, log lighter, fireplace, etc.) ........................... $10.00 3. For each gas piping system having one to five outlets .................. $5.00 4. For each additional gas outlet ................................... $1.00 Non -Residential Fee Schedule ➢ Value of work from $1 - $1,000 ................................ $25.00 ➢ Each additional $1,000 or fraction thereof ........................ $10.00 ELECTRICAL PERMIT FEES 1. Minimum fee for any permit .................................... $25.00 2. New residential fee schedule 100 amp service and associated switches, outlets and lighting ................................................. $50.00 200 amp service and associated switches, etc . .............. $65.00 400 amp service and associated switches, etc . .................... $100.00 NOTE: Add fees for temporary service, subpanels, swimming pools, etc. 100 amp subpanel or less & associated wiring .................... $20.00 100 to 200 amp subpanel & associated wiring ..................... $30.00 Over 200 amp subpanel & associated wiring ....................... $40.00 Temporary service ......................................... $15.00 Swimming pool ............................................ $25.00 3. Residential remodeling & rewiring New 100 amp service and associated wiring ...................... $25.00 New 200 amp service and associated wiring ...................... $40.00 Rewiring or additional wiring with no service change ................ $25.00 4. Non -Residential installations Value of electrical work 0-$1,000 ................ :............................. $25.00 Each additional $1,000 or fraction thereof ...................... $10.00 PLUMBING PERMIT FEES Minimum fee for any permit ......................................... $25.00 Residential Installations: 1. For each plumbing fixture, trap, or other connection to the sanitary sewer or water supply system ........................ $4.00 2. Each backflow prevention device ................................. $4.00 3. Each gas piping system (1-5 outlets) .............................. $5.00 4. Each additional gas outlet ...................................... $1.00 5. Building sewer and/or water service .............................. $25.00 Non -Residential Installations: ➢ value of plumbing work $1 - $1,000 ............................. $25.00 ➢ each additional $1,000 or fraction thereof ........................ $10.00 SIGN PERMIT FEES 1. Minimum fee for any permit ..................................... $25 one (1) month ...... $25.00 2. For each square foot of sign face .................................. $75 $1.00 3. Maximum fee for a special event sign ............................. $40.00 LICENSING AND RENEWAL FEES Annual Application Renewal Reinstatement License Fee Fee Fee Master Electrician or Plumber $20.00 $40.00 $50.00 Journeyman Electrician or Plumber $20.00 $25.00 $35.00 Maintenance Electrician $20.00 $25.00 $35.00 Restricted Electrician $20.00 $25.00 $35.00 Sewer & Water Installer $20.00 $25.00 $35.00 Inactive Electrician or Plumber 0.00 $10.00 $20.00 Sign Erector $50.00 $25.00 $35.00 Examination fees shall be paid to Block and Associates in accordance with their fee schedules BUILDING MOVING LICENSE & PERMIT FEES Movers License for one (1) week ....... $25 one (1) month ...... $40 six (6) months ...... $75 one (1) year ...... $100 Moving Permit for any building .......... $65 OTHER FEES 1. Reinspection fee ............................................. $30.00 2. Inspections outside of normal business hours ........................ $30.00 (minimum charge - two hours) per hour 3. Permits or inspections for which no fee is specified .................... $25.00 4. Administrative Fee for weed mowing or snow removal ................ $25.00 Governmental agencies are exempt from the permit fees required herein; provided, however, the agencies shall pay plan review fees, inspection fees, and any other actual costs incurred by the City of Iowa City. hLsblg%schedule.(ee RESOLUTION NO. 94-127 RESOLUTION AUTHORIZING APPLICATION FOR 20 UNITS OF SECTION 8 SET-ASIDE VOUCHERS FOR HOMELESS DISABLED PERSONS. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has published a Notice of Fund Availability for Set -Aside Section 8 Vouchers; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Certificate, Voucher, and Public Housing Program and wishes to provide assistance to participants in housing assistance programs to become economically independent; and WHEREAS, the application is consistent with the CHAS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said applications to the Department of Housing and Urban Development for additional units. 2. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 26th day. of April 1994. -> - M OR Approved by ATTEST: 22"� 7i • 7�,- CI CLERK City Attorney's Office h� It was moved by Pigott and seconded by Yubbv the Resolution be adopted, and upon roll call there were: AYES: hms fsec8lmllsxes NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 12q P45 Bile - RESOLUTION NO. 94-128 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA AVENUE SENIOR CENTER PARKING LOT RETAINING WALL AND RAIL IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPEC- TION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 24th day of May, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A 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 10th day of May , 1994. �� 1iM Approved by ATTEST: 9':W � CIT CLERK C ty Attorney's Office It was moved by Thro=orton and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: x x X x x x pw n&ratAot.res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton /Lb RESOLUTION NO. 94-129 RESOLUTION OF COMPLIANCE WITH SECTION 403A.5, CODE OF IOWA, IN CONJUNCTION WITH APPLICATIONS FOR SECTION 8 UNITS. WHEREAS, the City of Iowa City is making application for funding of additional rent assistance under the Section 8 Existing Housing Program through the Department of Housing and Urban Development; and WHEREAS, Section 403A.5, Iowa Code, provides: "A municipality or a 'Municipal Housing Agency' may not proceed with a housing project until a study or a report and recommendation on housing available within the community is made public by the municipality or agency and is included in its recommendations for a housing project. Recommenda- tions must receive majority approval from the local governing body before proceeding on the housing project."; and WHEREAS, Section 213(c) of the Housing and Community Development Act of 1974 states, in part, that the City Council must determine whether there is a need for such housing assistance, taking into consideration any applicable State or area -wide housing assistance plan as well as generally available data with respect to population, poverty, housing overcrowding, housing vacancies and substandard housing. An application may be approved only if the City Council's determination is affirmative; and WHEREAS, the application is consistent with the previously approved CHAS. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF IOWA CITY, IOWA determines there is a need for such additional assistance; is aware of the project and the study or report on available housing that is required by said statue; majority approval of the proposed project within its jurisdiction is hereby granted. This resolution shall serve as the City of Iowa City final notice to the Department of Housing & Urban Development of such approval. No additional comment shall be provided by the City of Iowa City. Passed and approved this 10th day of Mav , 1994• ATTEST:_y 4, ze� CIT CLERK hisasst\sec8app1. res X �1 .i r MAYOR /Z`1 Resolution No. 94-129 Page 2 It was moved by Throgmorton and seconded by Novick the Resolution be adopted, and upon ro* call there were: AYES: NAYS: ABSENT: x Baker X Horowitz x Kubby x Lehman g Novick g Pigott g Throgmorton /Z7 ,_ . RESOLUTION NO. 94-130 RESOLUTION APPROVING THE PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) IMPROVEMENT PLAN OF THE IOWA CITY HOUSING AUTHORITY. WHEREAS, the Public Housing Management Assessment Program (PHMAP) implements section 502(a) of the National Affordable Housing Act of 1990 (NAHA) and evaluates the performance of public housing agencies (PHA's) in major areas of management operations; and WHEREAS, the Department of Housing and Urban Development (HUD) requires an improvement plan by formal resolution for those items with lowered scores on the Certification; and WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the Public Housing Program; NOW, THEREFORE, be it resolved by the City Council of the City of Iowa City, Iowa, in its capacity as the City of Iowa City Housing Authority that the attached Improvement Plan be approved. Passed and approved this 10th day of May , 1994. ATTEST: ati -,e vc/ CI CLERK MAYOR Appr ed by C(dti y Attorneys Office It was moved by Throgmorton and seconded by adopted, and upon roll call there were: AYES: X X X X x_ hiswstlphmap.ms NAYS: Novick the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton /30 n Improvement Plan (IP) U.S. Department of Housing 7460.5 CHG-1 and Urban Development APPENDIX 8 Office of Public and Indian Housing OMB Approval No. (2577-0179) (exp. 6/3094) Public Reporting Burden for this collection of Information Is estimated to be 20.0 hours per response, including the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of InfOrnation, Including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 204103600 and to the Office of Managementand Budget, Paperwork Reduction Project (2577. 0179) Washington D.C. 20503. Do not send this completed form to either of these addressees. Part A. Participants 1. General e. PHA NameBeginning FY IOWA CITY HOUSING AUTHORITY JULY 1993 CIVIC CENTER - 410 E WASHINGTON ST I IOWA CITY I IA 152240 C. STEVE ATKINS , CITY MANAGER, CITY OF IOWA CITY 356-5010 d. Chairperson. Board at Commissicners Telephone Number SUSAN HOROWITZ , MAYOR, CITY OF IOWA CITY I 356-5010 e. Field OIIIce DES MOINES J. Director, Public Housing Division HARL M HAMBLIN g. Fletd Office Manager WILLIAM H MCNARNEY h. Participants in the development of IP: Name Tae RepreserlMg Telephone No. 1. DOUG BOOTHROY DIRECTOR HIS CITY OF IOWA CITY356-5121 2. RON HENDERSON HOUSING ADMINISTRATOR ICHA 356-5400 3. JOHN BOVEY MAINTENANCE SUPERVTqQR ICHA 356-5135 4. 5. fi. 7. e. 9. 10. 11. 12. 13. 14. 16. 16. 17. Page 1 ref. Handbook 7460.5 form 11 53334 (993) %2() 7460 5 HG -1. APPENDIX 8 2. ACC Requirement and HUD Consideration a. The right of HUD to declare a substantial default or a substantial breach of a PHA under the terms of the PHA's ACC at any time for sufffclen. "— cause regardless of the terms of an IP. An IP does not supersede, modify or amend a PHA's ACC or In any way excuse a PHA from complyinc fully with its ACC. In particular, HUD does not waive its rights under Part II, § 501 and § 502 of the ACC. A PHA's satisfaction of, or failure to meet, the goals set forth In an IP does not limit, modify or preclude HUD's right to take any remedial action allowed by the ACC or any provisfor of the U.S. Housing Act of 1937, as amended, or the regulations thereunder. b. Based on the Authority's compliance with the IP, HUD agrees to give It appropriate consideration for discretionary or competitive funding resources as they are available to HUD. Where HUD funding Is mandatory for accomplishment of Incremental target achievement(s), the PHP shall not be held accountable for that Increment of achievement If funding is not forthcoming. Part B. Public and Private Entity Involvement Describe the role of local government and/or private sector in assisting PHA's Improvement efforts (types of monetary, technical, etc., assistance): THE CITY OF IOWA CITY AND THE IOWA CITY HOUSING AUTHORITY IS ONE ENTITY UNDER THE CODE OF IOWA. J ii !'11 P've 2 ref H.,n36cnk 7460 5 rte,,, f tUMS3334 ("3) /2n an u. runormance targets 1. Flmt Year Performance Targets 4 Quarterly Targets . Indicator/Component Baseline I) P 1st Qtr. 2nd Qtr. 3rd Qtr. 4th Qtr. 51h Qtr. 6th Qtr. Performance Ending Ending Ending Ending Ending Ending QOaI Date:3-31-94 Dateb-30-94 Date: 9-30-94 Date: 12-31-9 Date:3-31-95 Date:6-30-95 1. a b. 2-1. 2-2 2.3. a b. 2.4. a- b. b. 2-5. 3. 4 5. a b. 6. a _ b. 7-1. 7-2 7-3. a b. 7-4. a b. 6. 9. OPERATING RESERVE 0 7 0 0 0 0 0 0 10 -ROUTINE OPERATING 0 10 0 0 0 0 0 0 11. i 12.1. a b. 12-2- a b. 12-3. a- b. b. 12d. a Page 3 rel. Handbook 7460.5 form HUD -5333419531 7460.5_CHG-1, APPENDIX 8 Part C. Performance Targets (con'l) 2 Subsequent Yeen' Dohs (4) Yearly Targets 1 Indicator/Component Baseline IP. yh)You 2nd Year 3rd Year 4th Yew Sar Year Pe Ora arm ndrn Endin Endln Endln Goal 13219:9-18-96 Date:6-3d-97 Date6-7 98 Date: 6 -3b -9S 1. a. b. 2-1. 2-2. 2-3. a. b. 2-4. a. b. 2-5. 3. 4. 5. a. b. 6. a. b. 7-1. 7-2. 7-3. a. b. 7-4. a. b. 8. 9. OPERATING RESERVES 0 0 7 7 7 10 10. ROUTINE OPERATING EXPENDITURES 0 0 7 7 7 10 b. 12-1.a. b. 12-2.a. b. 12-3.a. b. 12-4.a. b. Pago 4 rar. Harrdbook 74Go 5 roan t;r, 7-F3,3e !9193 11/01 13a Part D Strategies (1) IndiratoUComponent (2) Strategies (3) Lead Responsibil 9) OPERATING 1) DIRECT UNEXPENDED INCOME FUNDS OF PUBLIC HOUSING INTO R. HENDERSON RESERVES RESERVE -ACCOUNTS TO REMAIN UNALLOCATED FOR EXPENSES. 2) TRANSFER RESERVE FUNDS FROM SECTION 8 RESERVES INTO R. HENDERSON PUBLIC HOUSING ACCOUNT AT RATES THAT DO NOT JEOPARDIZE SECTION 8 PROGRAMS 3) CONTINUE THIS ACTIVITY UNTIL GREATER THAN 20% AND R.HENDERSON LESS THAN 40% OF MAXIMUM OPERATING RESERVES ARE ACHIEVED. 4) SET GOAL OF $4000 PER FISCAL YEAR UNTIL GRADE C D. BOOTHROY/ ACHIEVED. R. HENDERSON 10) ROUTINE 1) INSTALL MAINTENANCE WORK ORDER SYSTEM AND CREATE R. HENDERSON OPERATING PRIORITY MAINTENANCE SYSTEM TO LIMIT IMMEDIATE EXPENSES EXPENDITURES ON ITEMS THAT ARE SCHEDULED FOR PREVENTIVE MAINTENANCE. (I.E. REPLACE FURNACE FILTER • IN JUNE WHEN SCHEDULED FOR PREVENTIVE IN AUGUST.) 2) REDUCE USE OF OUTSIDE VENDORS FOR ROUTINE MAINTENANCE. J. BOVEY s, 3) COMPLETE TRANSFER OF ACCOUNTING TO CITY SYSTEM AND R. HENDERSON INSTALL MONITORING CHECKS ON INTERNAL COST TRANSFERS. 4) EVALUATE PUBLIC HOUSING TENANT'S INCOME TO MAINTAIN D. BOOTHROY/ A BROAD RANGE OF INCOMES. THIS WILL INCREASE INCOMES/ R. HENDERSON a EXPENSE RATIO. 5) MONITOR EXPENSES TO EVALUATE PERFORMANCE FUNDING R. HENDERSON REQUIREMENTS. r" 1 d r r w HUD Tachnical Assistance PROVIDE ASSISTANCE IN ENTERING PFS IS REQUESTED 7460.5 CHG-1. APPENDIX 8 Part E: Signatories to the IP For the Authority Chairman of the Board SUSAN HOROWITZ, MAYOR Date Executive Director STEVE ATKINS, CITY MANAGER Date ABoardResolution ensuringthePHIf commit ntt take all actions to achieve the annual and quarterly targets Is required and shall 6e attached to the executed IP. 11/93 Page 6 rel. Handbook 7460.5 fawn HUB -53334 (9/93) !30 PT -5 a� RESOLUTION NO. 94-131 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER. STORM SEWER, WATER MAIN AND PAVING IMPROVEMENTS FOR WALDEN WOOD, PART 5. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Walden Wood, Part 5, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Walden Wood, Part 5, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said improvements be hereby accepted by the City of Iowa City, Iowa. Passed and approved this loth day of MAY 1994. MAYOR Approved by ATTEST: O CIT CLERK ity Attorney's It was moved by Throgmorton and seconded by Novick the Resolution be adopted, and upon roll call there were: pweng�wldwd4.res AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick _ X Pigott X Throgmorton 131 pf�- 2 rL RESOLUTION NO. 94-112 RESOLUTION AUTHORIZING THE FILING OF A REQUEST WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY95 IOWA DOT STATE TRANSIT ASSISTANCE. WHEREAS, the City of Iowa City has undertaken to provide its residents with a public transit system; and WHEREAS, the Iowa Department of Transportation offers financial assistance to local governmental units for their public transportation systems; and WHEREAS, an application has been prepared requesting 3.3986% of formula operating funds and $12,500 in special project funding from the Iowa DOT State Transit Assistance program; and WHEREAS, if authority is received from the Iowa Department of Transportation, the City will also apply for approximately $298,214 in operating funds from the Section 9 and $2,006,460 from the Section 3, 9 or Congestion Management Air Quality (CMAQ) programs of the Federal Transit Administration and U.S, Department of Transportation for FY95 capital projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The City Manager is authorized to execute and file the required documents to apply for FY95 Iowa Department of Transportation State Transit Assistance. 2. The Johnson County Council of Governments is authorized to file any additional information required by the Iowa Department of Transportation. 3. The City Manager is authorized to execute, on behalf of the City of Iowa City, any necessary contract documents with the Iowa Department of Transportation. Passed and approved this i nt-h day of May 1994. ATTEST: 2U�7e 4aj,� Clint CLERK fy953t0\st0-MS.1c Approved by / ity Attorney's Office �Xxyam 137 Resolution No. Page 2 It was moved by Throgmorton and seconded by Novick the Resolution be adopted, and upon ro5 call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton 13Z 9p - Res RESOLUTION NO. 94-133 b!L RESOLUTION APPROVING THE PRELIMINARY PLAT OF LONGFELLOW MANOR, IOWA CITY, IOWA. WHEREAS, the owner, James O'Brien, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Longfellow Manor; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat subject to City Council determining whether soil testing is required within the proposed right-of-way prior to dedication, and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The pi oliminary plat of Longfellow Manor, Iowa City, Iowa, is hereby approved subject to the Owner agreeing, as part of the Subdivider's Agreement for Longfellow Manor, to provide a site assessment of the property previously owned by Iowa -Illinois Gas and Electric Company which establishes that the site is clean or, if the site is not clean, that the observed contaminant levels are such that the Environmental Protection Agency would not require clean-up under the EPA's current regulations. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 10th day of May ' /, 1994. /� ,( lw . 4&-4 � cOt PAYOR Approved by ATTEST: J CIT`f LERK a/I Ac-�� CityAttorney's Offic It was moved by Lehman and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton ppdadmin\Longfw.res Re: Z(L RESOLUTION NO. 94-134 RESOLUTION APPROVING FINAL PLAT OF A RESUBDIVISION OF LOT 5, AND A PORTION OF LOTS 4 AND 6 OF A RESUBDIVISION OF A PART OF LOT 4 OF OHLS SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owners, Thomas R. and Marilynn J. Alberhasky, and Jeanne Tack, filed with the City Clerk the final plat of a.resubdivision of Lot 5, and a portion of Lots 4 and 6 of a resubdivision of a part of Lot 4 of Ohls Subdivision, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa: Beginning -at the Northwesterly Corner of Lot 6, of A Resubdivision of Part of Lot 4 Ohls Subdivision, in accordance with the Plat thereof Recorded in Plat Book 8, at Page 38, of the Records of the Johnson County Recorder's Office; Thence N68139'15"E, (A RECORDED BEARING), along the Northerly line of said Lot 6, 58.35 feet; Thence S21 °20'45"E, 271.17 Feet; Thence S32003'58"W, 24.77 Feet, to a Point on the Southerly Line of Said Lot 6; Thence S68155'30"W, along said Southerly Line, and the Southerly Line of Lots 5 and 4 of said Resubdivision of Part of Lot 4 Ohls Subdivision, 548.47 Feet, to its intersection with the Westerly Line of the Easterly 210.0 Feet of Lot 4 of said Resubdivision of Part of Lot 4 Ohls Subdivision; Thence N21 °20'10"W, along said Westerly Line, 283.34 Feet, to a Point on the Southerly Right -of -Way Line of Mall Drive; Thence N68039'15"E, along said Southerly Right -of -Way line 509.96 Feet, to the Point of Beginning. Said tract of land contains 3.71 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The final plat and subdivision located on the above-described real estate be and the same are hereby approved. l3� Resolution No. 94-134 Page 2 2. The City accepts the dedication of the streets and easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 10th day of May 1994. ,MAYOK Approved by ATTEST:a CIT CLERK City Attorney's Office -_7 It was moved by Novick and seconded by Raker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick 7— Pigott 7- Throgmorton T ppdadmin\ohls.ms 2, --bm- RESOLUTION NO. 94-135 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1994 MAINTE- NANCE AND REPAIR PROJECT - CAPITOL AND DUBUQUE STREET PARKING RAMPS, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 26th day of May, 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 7th day of June, 1994, or at such later time and place as may then be fixed. Passed and approved this 10th day of May , 1994. -MAYOR ATTEST: 74. 942� CITY -CLERK pweng\capdubrp.res Appr ved by j� ty Attorney's Office 136 Resolution No. 94-135 Page 2 It was moved by T.Phmnn and seconded by Baker the Resolution be adopted, and upon ro* call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton 135 RESOLUTION NO. 94-136 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CENTER EXTERIOR REPAIRS 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 31st day of May, 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 7th day of June, 1994, or at such later time and place as may then be fixed. Passed and approved this inti, day of 1994. s/'°' Ate— r /MAYOR by - Approved ATTEST: /'/ 9f • 5�� s% CITY -CLERK ity Attorney's Office jyy pweng\screpair.res 13(0 Resolution No. 94-136 Page 2 It was moved by Thrn�mnrtan and seconded by Pigott the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: g Baker g Horowitz X Kubby Lehman x Novick % Pigott g Throgmorton l3(� CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION Ria To the Auditor of Johnson County, Iowa: The City Council of the City of Iowa City in said county met on May 10, 1994, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The City Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(sl to the budget and modifications proposed at the hearing, if any. Thereupon, the following resolution was introduced. RESOLUTION No. QZ,117 A RESOLUTION AMENDMENT THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1994 IAS AMENDED LAST ON _)• Be it Resolved by the City Council of the City of Iowa City, Iowa: Section 1. Following notice published May 4, 1994, and the public hearing held May 10, 1994, the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: REASON: Amend for revenues and expenses associated with 1993 flood' bond proceeds amended capital'morove- ment projects and revised operating expenditures. Passed this 10thday of/f May . 1994. /sIst, a_­A'?�. �- City Clerk Mayor r.,.mivuaNna.n ed B City Attorney's OfflCe /3'I Total Budget as Certified or Last Airended Current Amendment Total Budget after Current Amendment REVENUES & OTHER FINANCING SOURCES Taxes Levied on Property 1 17,187,055 0 17,187,055 Less: Uncollected Property Taxes Levy Year 2 0 0 0 - Not Current Property Taxes 3 17,187,055 0 17,187,055 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 0 0 0 Other City Taxes 6 447,800 145,8281 401,972 Licenses & Permts 7 349,230 43,000 392,230 Use of Money & Property 8 1,111,088 770,069 1,881,157 Intergovernmental 9 10,693,573 2,700,196 13,393,769 Charges for Services 10 20,739,916 12.099,3181 18,640,598 Special Assessments 11 46,150 0 46,150 Miscellaneous 12 647.242 2.062.182 2.709,424 Other Financing Sources: 13 17,772,844 20,199,722 37,97-566 Total Revenues & Other Sources 14 68,994,898 23,630,023 92,624,921 EXPENDITURES & OTHER FINANCING USES Community Protection 15 8,060,351 1,419,225 9.479,576 (police, Fire, street lighting, alcJ Human Oeveloterent 16 6,283,692 1,352.304 7,635,996 (health, library, recreation, etc.) Home & Community Environment 17 32.434,715 13,808,921 46,243,636 (garbage, streets, utilities, etc.l Policy & Adrremstration 18 4,594,793 426.838 5.021.631 (mayor, council, dark, legal, etc) Total Expenditures 19 51,373,551 17,007,288 68,380,839 Less: Debt Service 20 7,635,187 182.450 7,817,637 Capital Projects 21 3,805.960 12,288,366 16.094,326 Net Operating Expenditures 22 39,932,404 4,536.472 44,468.876 Transfers Out 23 16,775,060 16,560,287 33,335,347 Total ExpenditureslTfansfers Out 24 68,148,611 33,567,575 101,716,185 Excess of Revenues & Other Sources Over (Under) ExpendiitureslTransfers Out 25 846,287 (9,937,5521 (9,091.265) Beginning Fund Balance July 1 26 27,014,499 10,726.499 37,740,998 Ending Fund Balance June 30 27 1 27.860,786 788.947 28,649,733 REASON: Amend for revenues and expenses associated with 1993 flood' bond proceeds amended capital'morove- ment projects and revised operating expenditures. Passed this 10thday of/f May . 1994. /sIst, a_­A'?�. �- City Clerk Mayor r.,.mivuaNna.n ed B City Attorney's OfflCe /3'I Resolution No. 94-137 Page 2 It was moved by Kubbv and seconded by Lphman the Resolution be adopted, and upon ro* call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick Pigott X Throgmorton !3 i �V Res 3 u RESOLUTION NO. 94-138 RESOLUTION OF ENDORSEMENT FOR THE CENTERSPACE CONCEPT AND FOR THE RESERVATION OF URBAN RENEWAL PARCEL 64-1(A) WHEREAS, on January 31, 1994, Camiros Ltd. presented to the Iowa City City Council a cultural conference center feasibility study entitled, CenterSpace: A Feasibility Study, and WHEREAS, the Steering Committee of the CenterSpace project requests the City Council's consideration of a resolution of endorsement of the CenterSpace concept and for reservation of Urban Renewal Parcel 64-1(a), and WHEREAS, the mixed use facility proposed in the cultural conference center feasibility study is an ideal use of the City's last urban renewal parcel, and WHEREAS, a cultural conference center furthers the cultural, social, and economic well-being of the community. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Council endorses the cultural conference center concept as outlined in CenterSpace: A Feasibility Study. 2. The Iowa City City Council commits, until January 1, 1996, to reserving Urban Renewal Parcel 64-1(a) as the appropriate site for a cultural conference center. Passed and approved this 10th day of May , 1994• MAYOR 11 Approved by ATTEST: � o • 9r��+� 4ity CIT�LERK Attorney's Office ��/y� It was moved by Xiihh., and seconded by m1 t the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman Novick _y X Pigott X Throgmorton ecodev\centersp.res 13?) J RESOLUTION NO. 94-139 RESOLUTION ACCEPTING THE DESIGN OUTLINE FOR WASTEWATER TREATMENT AND COLLECTION FACILITY IMPROVEMENTS AS PREPARED BY STANLEY CONSULTANTS, INC. AND AUTHORIZING ITS SUBMISSION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES AS THE CITY'S PLAN OF ACTION FOR COMPLIANCE WITH NEW AND MORE STRINGENT WASTEWATER,; EFFLUENT LIMITS. WHEREAS, the City of Iowa City must comply with wastewater treatment requirements established by the U.S. Environmental Protection Agency and the Iowa Department of Natural Resources; and WHEREAS, the Iowa Department of Natural Resources requires the City to submit a "plan of action" for meeting new and more stringent effluent limits by June 1, 1994; and WHEREAS, the City has received a "Design Outline for Wastewater Treatment and Collection Facility Improvements" from its consulting engineer, Stanley Consultants of Muscatine, Iowa; and WHEREAS, the Iowa Department of Natural Resources (IDNR) will review the "Design Outline for Wastewater Treatment and Collection Facility Improvements," and IDNR has indicated it will accept said design outline as the City's official "plan of action"; and WHEREAS, by submitting the "Design Outline for Wastewater Treatment and Collection Facility Improvements" to the IDNR as a "plan of action" the City recognizes its obligation to construct the facilities in substantial accordance with said design outline. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest of the City of Iowa City to accept the "Design Outline for Wastewater Treatment and Collection Facility Improvements" and to submit said design outline as a "plan of action" to the Iowa Department of Natural Resources and to otherwise continue to comply with State and Federal law. 2. The City recognizes, by submitting the "Design Outline for Wastewater Treatment and Collection Facility Improvements" to the Iowa Department of Natural Resources as its official "plan of action," its obligation to construct the facilities in substantial accordance with said design outline. 3. The Director of Public Works is hereby authorized to submit said design outline to the Iowa Department of Natural Resources as the City's official "plan of action". Passed and approved this loth day of May , 1994. �✓1• MAYOR Approved by ATTEST:7uIJ,r- CITY CLERK dity Attorney's Office���y� pmngldeslgn.res 139 Resolution No. 94-139 Page 2 It was moved by Novick and seconded by adopted, and upon roll, call there were: AYES: NAYS: Baker the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton X39 RESOLUTION NO. 94-140 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT BETWEEN STANLEY CONSULTANTS, INC. OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR IMPROVEMENTS TO THE WASTEWATER TREATMENT AND COLLECTION FACILITIES. WHEREAS, the City on October 26, 1993, entered into an agreement with Stanley Consultants, Inc. for design services to construct necessary improvements to the City's wastewater treatment facilities; and WHEREAS, Stanley Consultants has now completed the design outline phase of the agreement; and WHEREAS, prior to proceeding to the final design phase certain amendments to the agreement for consulting services are desirable and necessary; and WHEREAS, the City of Iowa City has negotiated an amendment to the October 26, 1993, agreement for consulting services with Stanley Consultants, Inc. of Muscatine. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. It is in the public interest of the City of Iowa City to enter into an amended agreement with Stanley Consultants, Inc. of Muscatine Iowa. 2. The Amended Consultant Agreement between the City of Iowa City, Iowa and Stanley Consultants, Inc. of Muscatine, Iowa is hereby approved as to form and content. 3. The Mayor and City Clerk are hereby authorized to execute the Amended Agreement, which is attached hereto and incorporated by reference herein. Passed and approved this I Orh day of May , 1994. /J� a� )-J�. I MAYOR // / / Approved by ATTEST: L -• Al.— . c� CIT CLERK 4ity Attorney'�sffice :/CI/yam pwengWanley.ms /-�16 Resolution No. Page 2 It was moved by Novick and seconded by Lehman the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman v Novick Pigott x Throgmorton /-J(-O AMENDMENT NO. 1 CONSULTANT AGREEMENT CITY OF IOWA CITY, IOWA AND STANLEY CONSULTANTS, INC. WHEREAS, on the 26th day of October 1993, the City of Iowa City, Iowa (CITY) and Stanley Consultants, Inc. (CONSULTANT) entered into an Agreement for consulting services for improvements to the wastewater treatment and collection facilities, and WHEREAS the Parties desire to amend said Agreement, THEREFORE, the Parties agree as follows: A. Part I - SCOPE OF SERVICES, side heading B., Final Design Phase, Item 1., is • amended to read as follows: 1. Perform survey and prepare aerial photography base drawings as needed for final sewer routes selected. CITY will obtain aerial photography coverage of areas required and provide horizontal and vertical ground control. CONSULTANT will obtain digital map database and final mylar computer plots. B. Part II - TIME OF COMPLETION, second paragraph is amended to read as follows: The CONSULTANT shall complete the various phases of the Project in approid- mate accordance with the schedule milestones shown on the attached Figure XVI - 1 Project Schedule. C. Part IV - COMPENSATION FOR SERVICES, side heading B., Methods and Amount, Item 1., is amended to read as follows: 1. CITY shall pay CONSULTANT for services included in Scope of Services lump sum fee amounts as follows: Phase Description Lump Sum Fee Design Outline Phase $ 318,000 Final Design Phase S 1,648,000 Bidding Phase S 45,000 D. Part IV - COMPENSATION FOR SERVICES, side heading C., Payments, is amended to add Items 2. and 3. as follows: 2. CONSULTANT shall submit monthly statements for Final Design Phase in accordance with payment schedule tabulated below. The payment schedule is based on estimated percent of completion of CONST LTANT's Specified 12004.5 11-YV Services for the time specified. CITY shall review and approve, or negoti- ate with CONSULTANT, the actual percent complete based on actual work accomplished each month. CITY shall make prompt payments. Final Design Phase Task Description First Month Second Month Third Month Fourth Month Fifth Month Sixth Month Seventh Month Eighth Month Draft Drawings and Specification Submittal for Interceptor Sewer, Plants, and Pump Station Final Drawings and Specification Submittal for Interceptor Sewer, Plants, and Pump Station Draft Drawings and Specification Submittal for Relief Sewers Final Drawings and Specification Submittal for Relief Sewers Cumulative Percent of Lump Sum Fee 4 10 18 30 45 60 72 80 87 97 99 100 3. CONSULTANT shall submit statements for Bidding Phase in accordance with payment schedule tabulated below. The fee schedule is based on estimated percent of completion of CONSULTANT'S Scope of Services for each construction contract listed: Construction Contract South River Corridor Interceptor Sewer Bid Opening Contract Award Treatment Plant and Pump Station Bid Opening Contract Award Relief Sewers Bid Opening Contract Award 12004.5 Percent of Bidding Phase Lump Sum Fee 20 15 30 15 10 10 The above Amendment is for the purpose of authorizing the CONSULTANT to proceed with additional services and Phases for the project and to set the means of compensation therefor. All other terms and conditions of the original contract remain in force and effect, except as amended hereto by these additions. FOR THE CITY By: Title: 6 �t -- Date: s/� Attest: __%%J 7Y�.✓ Approved by: 9ity Attorney's Office (/ Date: Fc% 12004.5 FOR THE CONSULTANT Title: 1/.ws oodpww Date:�� f� Attest: 15�1 ��V CONSULTANTS .nrvrn 1 1 I I I I I 1 1 1 1 1 I I 1 I I I stA m a CESG4 OUTL)E RN$E PW fkqw"omK ffFiAiF GNFf CMWNG$ { $PECFiGTA15 , I , 1 1 I , , 1 1 I I I 1 I I I I I 1 I MA QIT STW fEVEW SttIM RNR a W 4T& MA OTTSTJ DS EAs3,lm FTUL OESCJI OPAWNS 6 S{CE1G17%YS NOM.TM Me 1 AWMAL BY MA rta A A OW CgTm f AM E[CwG d CCMRACT AWAfp N4Ag I I I 1 I I I , , 1 1 I 1 1 , I , , I I I 1 , I 1 I NTECEPT09 9M scm FEV WWM CCH$TgICigN RNg 1 1 I 1 I I I , I I , I ; I 1 I I I I i I 1 I A ➢—T1AIff 4 AMCf FIA I 1 1 I I I I I �g yawy A AY TO WRW L&M M WD FOR I 1 I I I I I 1 I I I I I 1 I I I PROJECT SCHEDULE FIGURE %YI-1 DA TE'PLO TTEP� IT—.aR-1!19 ©Sru4ET [oxL0.l.x15 13's -3 < RESOLUTION NO. 94-141 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, AND N.N.W., INC. REGARDING THE WOOLF AVENUE BRIDGE REPLACEMENT PROJECT. WHEREAS, the City of Iowa City has negotiated an amendment to an agreement with N.N.W., Inc, of Iowa City, Iowa, a copy of said amendment being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said amendment to establish design fees for engineering services for the Woolf Avenue Bridge Replacement Project. This amendment establishes a not to exceed fee of $38,730 for the design phase. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to execute the amendment with N.N.W., Inc. 2. The City Clerk shall furnish copies of said amendment to any citizen requesting same. Passed and approved this loth day of May , 1994. MAYOR —y" // Approved by ATTEST: /�/�u�+�% 7>� 94;2 � CITY CLERK dity Attorney's Office It was moved by Novi ok and seconded by Throemorton the Resolution be adopted, and upon roll call there were: {m-englw ffaveses AYES: NAYS: ABSENT: X Baker x Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton I-, f Fax 319-351-0256 April 7, 1994 Rick Fosse, P.E. City Engineer City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 Re: Woolf Avenue Bridge over Hwy. 6 & Crandic R.R. Dear Rick: Steven K. Jacobsen, P.E. Les Kuehl, P.E. This letter serves as an amendment to the Agreement of May 6, 1994 between the City of Iowa City and NNW, Inc., the Consultant. The City desires to construct a new bridge on line of Woolf Avenue over Highway 6 and Crandic R.R. The new Bridge is to be constructed in stages for the purpose of maintaining pedestrian and bicycle traffic. The above agreement shall be amended to include the following Design Services to be performed by the Consultant: A. Prepare a preliminary Type, Size and Location plan and accompanying application and information forms of the proposed bridge for submittal to the Iowa Department of Transportation, the Crandic R.R. and the City Engineering Department. B. Assist the City in obtaining exploratory soil borings for the bridge foundation design. After approval of the preliminary Type, Size and Location plan, work shall begin immediately on preparation of detailed plans on a reproducible medium, as well as specifications and other contract documents required for letting by IDOT. The following work shall be performed by the Consultant: A. Prepare plans, specifications, and contract documents in accordance with City, State, and Federal requirements and shall use Iowa Department of Transportation Standard Specifications as base specifications for bridge work. Plans and tq specifications shall be in accordance with the upcoming metric requirements of the IDOT. B. Consult with the City on the esthetic aspects of the project. C. Prepare a final estimate of the anticipated construction cost. D. Review required construction drawings as well as detailed shop and erections drawings submitted by the contractor for compliance with the design concept of the proposed project. E. Attend the City's preconstruction meeting to be held with the successful bidder to answer technical questions regarding construction of the project. F. Attend the following meetings and if required, make a presentation: a. As required with City staff for periodic discussion of project development. b. One City Council meeting concerning public hearing. C. One meeting with Crandic R.R. officials. In accordance with the provisions of Article IV "Compensation of Services", we propose to provide these serves with the following not to exceed of: T.S.&L. $5,090 Design $33,640 Respectfully submitted, 1�- 1 Steven K. Jacobsen, P.E. President Agreement amendment approved: Mayor ATTEST: ATTEST: City Clerk proved By City Attorney's Office- - //sy (4� nti\. P�" ct)K- RESOLUTION NO. 94-142 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE LANDFILL LEACHATE CONTROL SYSTEM PROJECT. WHEREAS, Barker's, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $362,558.50 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Barker's, Inc. of Iowa City, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 10th day of May 1994. ,MAYOR ` Approved b ATTEST: ��u�• �fri+'J C:- CITY LERK RK iCity Attorney's Office It was moved by Novick and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker g Horowitz g Kubby Lehman - Novick Pigott _ x Throgmorton pweng\landleach.m p pl�7_ RESOLUTION NO. 94-1141 RESOLUTION AUTHORIZING THE ACQUISITION OF TEMPORARY CON- STRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE NORTH SUMMIT ALLEY GRADING PROJECT. WHEREAS, the City of Iowa City has undertaken a project to regrade the fill placed along the alley between Governor and N. Summit, south of Dodge, which project is known as the N. Summit Alley Grading Project ("Project"); and WHEREAS, the Project includes regrading the embankment slope to increase its stability and safety; and WHEREAS, the City Council has been advised and has determined that the acquisition of temporary construction easements is necessary for construction of the Project; and WHEREAS, the City Engineer will determine the location of the necessary temporary construction easements; and WHEREAS, the City staff should be authorized to acquire said temporary construction easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to acquire temporary construction easements for the construction of the improvements included in the N. Summit Alley Grading Project, and acquisition of said temporary construction easements constitutes a valid public purpose. 2. The City Engineer or his designee is hereby authorized and directed to negotiate the purchase of temporary construction easements for the construction of the improve- ments included in the N. Summit Alley Grading Project. 3. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute temporary construction Easement Agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 4. In the event temporary construction easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such temporary construction easements. I4-3 Resolution No. 94-143 Page 2 Passed and approved this 10th day of a MAYOR y ATTEST: %u�.J 9f! 5f/te J C=i(�.0.� CIT CLERK City Attorney's Office/441V- It / /4�� It was moved by K+)bbv and seconded by T.Phmnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x— Baker x— Horowitz R Kubby X Lehman X Novick v Pigott Throgmorton pweng\nsummit.res !J�3 RESOLUTION NO. 94-144 RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE MAIDEN LANE PEDESTRIAN BRIDGE PROJECT AND THE MAIDEN LANE PAVING AND SANITARY SEWER ASSESSMENT PROJECT. WHEREAS, the City of Iowa City has undertaken a project to construct a pedestrian bridge across Ralston Creek, which project is known as the Maiden Lane Pedestrian Bridge Project ("Project"); and WHEREAS, the City of Iowa City has undertaken a project to construct sanitary sewer and paving improvements, which project is known as the Maiden Lane Paving and Sanitary Sewer Assessment Project ("Project"); and WHEREAS, the Projects include a precast concrete pedestrian bridge and street paving, curb and gutter, sanitary sewer, storm sewer, metered parking spaces, trees and sidewalks; and WHEREAS, the City Council has been advised and has determined that the acquisition of permanent easements and temporary construction easements is necessary for the construction of the Projects; and WHEREAS, the City's consultant, M.M.S. Consultants, Inc. of Iowa City, has determined the location of the permanent easements and temporary construction easements; and WHEREAS, City staff should be authorized to acquire said permanent easements and temporary construction easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to acquire permanent easements and temporary construction easements for the construction of the improvements included in the Maiden Lane Pedestrian Bridge Project and the Maiden Lane Paving and Sanitary Sewer Assessment Project, and acquisition of said permanent easements and temporary construction easements constitutes a valid public purpose. 2. The City Engineer or his designee is hereby authorized and directed to negotiate the purchase of permanent easements and temporary construction easements for the construction of the improvements included in the Maiden Lane Pedestrian Bridge Project and the Maiden Lane Paving and Sanitary Sewer Assessment Project. 3. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute permanent easements and temporary construction Easement Agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. I" Res. No. 94-144 Page 2 4. In the event permanent easements and temporary construction easements cannot be acquired by negotiation, the City Attorney be and is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such permanent easements and temporary construction easements. Passed and approved this I oth day of May , 1994. ATTEST: &Zj,� q' '—� CITY LERK k>'. L AYOR Approved by City Attorney's Office It was moved by Rubby and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: x x x x x X x pw nglauthesse.res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 94-145 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE FY95 2BE AGREEMENT FOR PARATRANSIT SERVICE BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY AND JOHNSON COUNTY. WHEREAS, it is in the public interest to provide transit service to Iowa City residents who have special transit needs due to age or disability, and WHEREAS, a contract has been negotiated between the City of Coralville, the City of Iowa City, and Johnson County for the provision of special transit service for elderly persons and persons with disabilities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The FY95 28E Agreement for paratransit services between the City of Coralville, the City of Iowa City, and Johnson County is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said agreement. 3. The City Clerk is directed to file said renewal agreement with the Secretary of the State of Iowa and the Johnson County Recorder, as required by Chapter 28E, Code of Iowa. Passed and approved this 10th day of Mav 1994. ATTEST: CIT CLERK t t,d 177 . MA OR Approved by WCy Attorney's Office It was moved by Novick and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: jccogtp\28eptic.res X X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton IJ S 28E AGREEMENT FOR FY95 PARATRANSIT SERVICE BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY AND JOHNSON COUNTY This Agreement is made and entered into on the Z� a day of u -k 1994, by and between the City of Coralville, Iowa, hereinafter referred to as Coralville, the City of Iowa City, Iowa, hereinafter referred to as Iowa City, and Johnson County, Iowa, hereinafter referred to as the County. Section i. Scope of Services The County shall provide paratransit service to Coralville and Iowa City through the Johnson County SEATS program. Paratransit is public transit service for persons who, for reasons of age or disability, are unable to use fixed -route transit service. Section U. Genera/ Terms 1. The paratransit service area shall be the corporate limits of the City of Coralville and the City of Iowa City. 2. The paratransit service shall commence July 1, 1994, and continue for one year through and including June 30, 1995. 3. The paratransit service shall be available to ADA -eligible persons and all persons 60 years of age and older. 4. The paratransit service shall be operated from 6:00 a.m. until 10:30 p.m. Monday through Friday; 6:00 a.m. until 7:30 p.m. on Saturday; and 8:00 a.m. until 2:00 p.m. on Sunday, including the holidays of Martin Luther King's Birthday, Presidents Day, Veterans Day, and the day after Thanksgiving. The paratransit service shall not operate on Monday, December 26 and Monday, January 2. The paratransit service holiday schedule shall be consistent with the Coralville Transit and Iowa City Transit holiday schedule. 5. The paratransit service will consist of the following number of vehicle hours per day: # of Vehicle Time Period Vehicles Hours/Day M -F 6-7 a.m. M -F 7 a.m.-5 p.m. M -F 5-10:30 p.m. Sat. 6-8 a.m. Sat. 8 a.m.-2 p.m. Sat. 2 p.m. -7:30 p.m Sun. 8 a.m.-2 p.m. 2 2 11 110 2 11 2 4 4 24 2 11 4 24 2 6. Johnson County will be familiar with the JCCOG Complementary Paratransit Plan for the Iowa City Urbanized Area, and will conduct the paratransit service consistent with this document. This will include the determination of rider eligibility based on a certification process which will be conducted by Coralville and Iowa City. Priority for the paratransit service will be given to persons certified under the ADA. Rides will also be granted to non -ADA certified persons 60 years of age or older. Johnson County will accept trip requests during office hours on all days prior to days of service, and will accept requests for Monday trips on Sunday. 7. Johnson County will also administer a private taxi contract intended to supplement the paratransit service. Administration of this service will consist of preparing a daily trip list for the private taxi operator for the following day. Taxi service is intended to provide rides for non -disabled elderly persons and ADA -eligible persons not requiring a lift -equipped vehicle. The private taxi operator will be under contract to Coralville and Iowa City. 8. This contract provides for an integrated paratransit service which will also be providing service to Chatham Oaks. The cost of the portion of service to Chatham Oaks is not borne by the City of Iowa City or the City of Coralville. 9. Johnson County shall consider all requests for service from the public consistently. Requests for service which exceed the level of service provided to the general public according to the provisions of this Agreement shall be refused unless a separate contract is written between the requesting agency and Johnson County. 10. Johnson County will maintain reporting statistics required by the federal Section 15 system. In addition, Johnson County will provide an accounting of the total number of rides, and the ridership split between elderly and non -elderly for Coralville and Iowa City paratransit riders. These statistics shall be reported quarterly. 11. Two bus bays for paratransit vehicle storage shall be provided to Johnson County at the Iowa City Transit facility. 12. Johnson County will have access to the City of Iowa City fueling facility. Johnson County will be billed by Iowa City for the cost of fuel plus a $20/month administration fee. 13. Johnson County will comply with applicable federal regulations regarding drug and alcohol testing, and all other required state or federal certifications. Section N. Compensation 1. The paratransit service shall be operated with a $1.00 fare. This $1.00 fare shall apply to both SEATS service and the supplemental taxi service, except for off -hours supplemental taxi service which shall have a $2.00 fare. Fares for service operated by Johnson County SEATS shall be collected by Johnson County. FY95 fare revenue collected by Johnson County up to $54,000 shall be retained by Johnson County. FY95 fare revenue collected by Johnson County in excess of $54,000 shall be forwarded to Coralville and Iowa City on a 16% Coralville/84% Iowa City basis. As directed by Coralville and Iowa City, Johnson County shall accept low-income fare waiver passes from persons utilizing the paratransit service. Distribution of low- income fare waiver passes shall be administered by Coralville and Iowa City. 3 Johnson County shall be reimbursed by Coralville at a rate of $7,335 per month, for a total annual contract fee of $88,020. Checks shall be issued on the first check release date of each month by Coralville. Johnson County shall be reimbursed by Iowa City at a rate of $39,035 per month, for a total annual contract fee of $468,420. Checks shall be released on the first check release date of each month by Iowa City. These amounts represent the total annual fee for the provision of paratransit service by Johnson County to Coralville and Iowa City in FY95. Section IV. Duration This Agreement shall be in effect from July 1, 1994, to June 30, 1995. This agreement may be modified at any time by agreement of the parties. The parties may agree to extend the term of this agreement with a renewal agreement. Section V. Extent of Agreement This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code of Iowa (1993). This Agreement represents the entire agreement between Coralville, Iowa City, and Johnson County for paratransit service. It may be amended only by a written instrument signed by all parties. /1 Ki U ATTEST: City Clerk IOWA JOHNSON COUNTY, IOWA By:�/- Stevd Lacina, Chairperson Board of Supervisors ATTEST: County Auditor CITY OF IOWA CITY, IOWA By: /Susan M. Horowitz, Mayor CT ATTEST:2> City Jerk Approved by C'AJ y� fli:cZe�/Oy FILED Johnson Co. Iowa J N ' 1994 CU - (415 Iv STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /D day of mg„S , 19 It-}` , before me, �,.{- , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 (OfdiR@RG8 (Resolution) No. 9,F -/-�4S passed by the City Council, on the 16 f( day ofr, 19�, and that Susan M. Horowitz and Marian K. Karr acknowledged th execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this PE14 day of A4" 19qq, before me, I� �Qoo �rVt9J,, , a Notary Public in and for the State of Iowa, personally appe$red Allan L. Axeen and Arlys Hannam, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Coralville, 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. 9y— 8 passed by the City Council, on the_day of 19 and that Allan L. Axeen and Arlys Hannam acknowledged the exec ion of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. &y&42 2 (1'ahrl 4152332 Notary Public in and for the State of Iowa N No 14-S 5 STATE OF IOWA 1 ) ss: JOHNSON COUNTY ) n this 12 n"gL day of 19 9 kI , before me, (o & Y C I-QrS , a Notary Public in and for the State of Iowa, pYrsonally appeared Stephen P. Lacina and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Board of Supervisors Chairperson and County Auditor, respectively, of Johnson County, 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 Board of Supervisors, as contained in a motion approved by the Board of Supervisors, as contained in a motion approved by the Board of Supervisors on the a L- day of s A nk , 19 _, and that Stephen P. Lacina and Tom Slockett acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary PubAc in and for the State of Iowa jccogtplparaMn.28e -//- RESOLUTION NO. 94-146 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY95 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E, Code of Iowa (1993), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights, and WHEREAS, the parties have negotiated a contract for transit service in FY95 at a rate of $27,060. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: 1. The FY95 28E agreement between the City of Iowa City and the City of University Heights for transit service is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa and the Johnson County Recorder as required by Iowa Code Section 28E.8 (1993). Passed and approved this I nrh day of 1994. MAYOR WCiy ved ATTEST:�,.� 9th✓ '�y2 (/ CITY CLERK ttorney's It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: X X X --X— X X X jceagadmWhtmm.res NAYS: Novick the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton lq--L FY95 AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This Agreement, made and entered into this 14 day of AP& 11994, by and between the City of Iowa City, Iowa, and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state, may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: Scope of Services The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. II. Duration The term of this agreement shall commence July 1, 1994, and continue through and including June 30, 1995. On the mutual agreement of the parties, this agreement may be extended for a one-year renewal term commencing July 1, 1995, through and including June 30, 1996. III. Termination This agreement may be terminated upon 30 calendar days written notice by either party. IV. Compensation The City of University Heights agrees to pay $27,060 for the provision of public transit service as herein described during FY95. Payment shall be made in twelve monthly payments of $2255 each, to be received by the City of Iowa City on or before the 15th of each month, with the first said payment due on or before July 15, 1994. If a one-year renewal term is negotiated, the City of University Heights agrees to pay $27,876 for the provision of public transit service in FY96. Payment shall be made in twelve monthly payments of $2323 each, to be received by the City of Iowa City 14L 2 on or before the 15th of each month, with the first said payment due on or before July 15, 1995. V. Chapter 28E, Code of Iowa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. City of Iowa City By: X. r usan Horowitz, Mayor Attest: �i1g% 9r.w.�nJ City lark Approved by City Attorney's Office STATE OF IOWA ) ss: JOHNSON COUNTY ) City of University Heights Donald Swanson, Mayor Attest: VLA r""Di'L4,L� City Clerk On this 16 day of mu, r 19 94- , before me, Soljcw.e. Farr- , a Ndtary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 (9r4iaaaae) (Resolution) No. 9-q— (-f& passed by the City Council, on the /D tL day of ffk , 19 9 -Lf _, and that Susan M. Horowitz and Marian K. Karr acknowledged the xecution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,C,d a 7- r Notary Public in and for the State of Iowa 1 4b 3 STATE OF IOWA ) ss: JOHNSON COUNTY ) -T,L On this day of -J h n ( 199L( before me, &;:ro . - S, 7",1�C,4 , a Notary Public in and for the State of Iowa, personally appeared Donald Swanson and Jennifer Maloney, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, 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. passed by the City Council; on the IK5'� day of SH\u 19 q `\ , and that Donald Swanson and Jennifer Maloney acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. -r No ary-Public in and for the tate of Iowa jcc0g10\28eae[.uh oma" STEVEN E. BAL aw,, '�COAIMISSIpN AHD RESOLUTION NO. RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE AFSCME PAY PLAN. WHEREAS, Resolution No. 93-54, adopted by the City Council on March 2, 1993, authorized permanent positions in the Planning and Community Development Department for FY94; and WHEREAS, Resolution No. 93-166, adopted by the City Council on June 22, 1993, established a classification/compensation plan for AFSCME employees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Planning and Community Development Department be amended by: 1. The addition of one part-time (.50) Program Assistant - Community Development, AFSCME grade 7. Passed and approved this t nrh day of Maw 1994. LW •- "�y�f / Approved by ATTEST: //{2u.rirf% 5Y. 9Y CITY—CLERK City Atto y's Office It was moved by Kiihhv and seconded by Pi gnt-r the Resolution be adopted, and upon roll call there were: AYES: hum anreRpcdpgast.res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton J_I�q RESOLUTION NO. 94-148 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT. WHEREAS, Resolution No. 93-54 adopted by the City Council on March 2, 1993, authorized permanent positions in the Water Division for FY94; and WHEREAS, the need for an additional Treatment Plant Operator can be accomplished through changing an existing vacant position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Water Division be amended by: 1. The deletion of one full-time Assistant Treatment Plant Operator - Water, AFSCME grade 7. 2. The addition of one full-time Treatment Plant Operator - Water, AFSCME grade 9. Passed and approved this 1 nrh day of M,,, , 1994. Appro d by ATTEST: //%c�r�.� W • 9S'cZ CITY -CLERK Ci Attorney' O fice It was moved by Nov; ek and seconded by T„ ngm^r*^n the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton humanreRmtertpa.res 1 / 5 f%\ t).-- a1L RESOLUTION NO. 94-149 RESOLUTION ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY95 AND FY96. WHEREAS, the City of Iowa City employs certain employees referred to as Confidential, Administrative and Executive personnel; and WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Confidential/Administrative and Executive employees shall receive compensation as established by the FY95 and FY96 Confidential/Administrative and Executive Classification/ Compensation Plans, as attached. Passed and approved this 10th day of May , 1994. MAYOR J / / Approved y ATTEST:p ware Yl'e a iio%/C4 !/ CITY -CLERK Ctty Attorney's Office It was moved by t.ehmnn and seconded by adopted, and upon roll call there were: AYES: x X X X X conadmex.res NAYS: the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton /41 I ADMINISTRATIVE/CONFIDENTIAL PAYPLAN - FY95 (JULY 2, 1994) PAYGRADES: 23-26 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 23 Admin Clerkfrypist Document Specialist License Specialist 24 Admin Secretary Code Enforcemnt Assist Deputy City Clerk Operations Specialist 25 Admin Sec/Records Sup Personnel Assistant Programmer/Analyst Office Manager - Library 26 Admin Assist to City Mng Animal Control Super Budget Mngmnt Analyst Equipment Shop Super Legal Assistant Personnel Generalist Systems Analyst Sr. Programmer/Analyst C:\QPW\ADM95PP.WB1 $10.33 $11.57 $826.40 $925.60 $21,486.40 $24,065.60 $11.18 $12.51 $894.40 $1,000.80 $23,254.40 $26,020.80 $12.09 $13.54 $967.20 $1,083.20 $25,147.20 $28,163.20 $13.09 $14.67 $1,047.20 $1,173.60 $27,227.20 $30,513.60 STEP 7 STEP 8 STEP 9 STEP 10 MAX. $11.97 $12.39 $12.82 $13.28 $13.74 $14.22 $14.72 $14.81 $957.60 $991.20 $1,025.60 $1,062.40 $1,099.20 $1,137.60 $1,177.60 $1,184.80 $24,897.60 $25,771.20 $26,665.60 $27,622.40 $28,579.20 $29,577.60 $30,617.60 $30,804.80 $12.96 $13.41 $13.88 $14.37 $14.87 $15.40 $15.93 $16.19 $1,036.80 $1,072.80 $1,110.40 $1,149.60 $1,189.60 $1,232.00 $1,274.40 $1,295.20 $26,956.80 $27,892.80 $28,870.40 $29,889.60 $30,929.60 $32,032.00 $33,134.40 $33,675.20 $14.02 $14.51 $15.02 $15.54 $16.09 $16.66 $17.24 $17.72 $1,121.60 $1,160.80 $1,201.60 $1,243.20 $1,287.20 $1,332.80 $1,379.20 $1,417.60 $29,161.60 $30,180.80 $31,241.60 $32,323.20 $33,467.20 $34,652.80 $35,859.20 $36,857.60 $15.18 $15.72 $16.26 $16.83 $17.42 $18.03 $18.65 $19.37 $1,214.40 $1,257.60 $1,300.80 $1,346.40 $1,393.60 $1,442.40 $1,492.00 $1,549.60 $31,574.40 $32,697.60 $33,820.80 $35,006.40 $36,233.60 $37,502.40 $38,792.00 $40,289.60 2 ADM IN ISTRATIVE/CONFIDENTIAL PAYPLAN - FY95 (JULY 2, 1994) PAYGRADES: 27-29 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. 27 Airport Manager $14.17 $14.96 $15.78 $16.64 $17.23 $17.84 $18.47 $19.12 $19.79 $20.48 $21.19 Assist Supt -Wastewater $1,133.60 $1,196.80 .$1,262.40 $1,331.20 $1,378.40 $1,427.20 $1,477.60 $1,529.60 $1,583.20 $1,638.40 $1,695.20 Assist Supt -Streets $29,473.60 $31,116.80 $32,822.40 $34,611.20 $35,838.40 $37,107.20 $38,417.60 $39,769.60 $41,163.20 $42,598.40 $44,075.20 Assist Supt -Water Document Sery Super Human Rights Coord Library Coord-Development PM Ramp Manager Transit Operations Super 28 Assist City Attorney Customer Sery Mngr Data Processing Mngr Forester/Horticulturist Purchasing Agent 29 Cable TV Admin City Arct/Energy Coord Controller Equipment Supt Housing Admin Parks Supt Police Sergeant Sr Bldng Inspector Sr Engineer Sr Housing Inspector Parking Mngr Transit Mngr C:\QPVAADM95PP. WB 1 $15.34 $16.18 $17.07 $18.00 $18.63 $19.28 $19.96 $20.66 $21.38 $22.13 $23.18 $1,227.20 $1,294.40 $1,365.60 $1,440.00 $1,490.40 $1,542.40 $1,596.80 $1,652.80 $1,710.40 $1,770.40 $1,854.40 $31,907.20 $33,654.40 $35,505.60 $37,440.00 $38,750.40 $40,102.40 $41,516.80 $42,972.80 $44,470.40 $46,030.40 $48,214.40 $16.61 $17.53 $18.50 $19.52 $20.20 $20.91 $21.64 $22.40 $23.19 $24.00 $25.34 $1,328.80 $1,402.40 $1,480.00 $1,561.60 $1,616.00 $1,672.80 $1,731.20 $1,792.00 $1,855.20 $1,920.00 $2,027.20 $34,548.80 $36,462.40 $38,480.00 $40,601.60 $42,016.00 $43,492.80 $45,011.20 $46,592.00 $48,235.20 $49,920.00 $52,707.20 3 ADM INISTRATIVE/CONFIDENTIAL PAYPLAN - FY95 (JULY 2, 1994) PAYGRADES: 30-32 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. 30 Battalion Chief $17.98 $18.97 $20.01 $21.12 $21.86 $22.62 $23.41 $24.24 $25.08 $25.96 $27.69 Community Dev Coord $1,438.40 $1,517.60 $1,600.80 $1,689.60 $1,748.80 $1,809.60 $1,872.80 $1,939.20 $2,006.40 $2,076.80 $2,215.20 First Asst City Attrny $37,398.40 $39,457.60 $41,620.80 $43,929.60 $45,468.80 $47,049.60 $48,692.80 $50,419.20 $52,166.40 $53,996.80 $57,595.20 Library Coord Police Lieutenant Pollution Control Supt Senior Center Coord Senior Planner Solid Waste Supt Super of Strts/Water Dist Traffic Engineer Water Supt 31 Assist Finance Director $19.47 $20.54 $21.67 $22.87 $23.67 $24.50 $25.35 $26.23 $27.15 $28.10 $30.27 Assist Library Director $1,557.60 $1,643.20 $1,733.60 $1,829.60 $1,893.60 $1,960.00 $2,028.00 $2,098.40 $2,172.00 $2,248.00 $2,421.60 Assist PCD Dir/JCCOG $40,497.60 $42,723.20 $45,073.60 $47,569.60 $49,233.60 $50,960.00 $52,728.00 $54,558.40 $56,472.00 $58,448.00 $62,961.60 Personnel Admin Police Captain Recreation Supt 32 City Engineer $21.07 $22.24 $23.46 $24.75 $25.62 $26.51 $27.44 $28.40 $29.39 $30.42 $33.08 $1,685.60 $1,779.20 $1,876.80 $1,980.00 $2,049.60 $2,120.80 $2,195.20 $2,272.00 $2,351.20 $2,433.60 $2,646.40 $43,825.60 $46,259.20 $48,796.80 $51,480.00 $53,289.60 $55,140.80 $57,075.20 $59,072.00 $61,131.20 $63,273.60 $68,806.40 C:\QPVAADM95PP.WBI EXECUTIVE PAYPLAN - FY95 (JULY 2, 1994) PAYGRADE: MINIMUM MAXIMUM 33 Fire Chief $22.81 $36.15 HIS Director $1,824.80 $2,892.00 Library Director $47,444.80 $75,192.00 Parking & Transit Director Parks & Rec Director PCD Director 34 Assist City Manager $24.70 $39.53 Finance Director $1,976.00 $3,162.40 Police Chief $51,376.00 $82,222.40 Public Works Director C:\QPW\ADM95PP.WB1 ADM INISTRATIVE/CONFIDENTIAL PAYPLAN - FY96(JULY 1, 1995) PAYGRADES: 23-26 STEP 1 STEP 2 STEP 3 STEP 4 23 Admin Clerk/Typist Document Specialist License Specialist 24 Admin Secretary Code Enforcemnt Assist Deputy City Clerk Operations Specialist 25 Admin Sec/Records Sup Personnel Assistant Programmer/Analyst Office Manager - Library 26 Admin Assist to City Mng Animal Control Super Budget Mngmnt Analyst Equipment Shop Super Legal Assistant Personnel Generalist Systems Analyst Sr. Programmer/Analyst C:\QPW\ADM95PP.WBI $10.64 $11.92 $851.20 $953.60 $22,131.20 $24,793.60 $11.52 $12.89 $921.60 $1,031.20 $23,961.60 $26,811.20 $12.45 $13.95 $996.00 $1,116.00 $25,896.00 $29,016.00 $13.48 $15.11 $1,078.40 $1,208.80 $28,038.40 $31,428.80 1 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. $12.33 $12.76 $13.20 $13.67 $14.14 $14.64 $15.15 $15.25 $986.40 $1,020.80 $1,056.00 $1,093.60 $1,131.20 $1,171.20 $1,212.00 $1,220.00 $25,646.40 $26,540.80 $27,456.00 $28,433.60 $29,411.20 $30,451.20 $31,512.00 $31,720.00 $13.35 $13.81 $14.30 $14.80 $15.32 $15.86 $16.41 $16.68 $1,068.00 $1,104.80 $1,144.00 $1,184.00 $1,225.60 $1,268.80 $1,312.80 $1,334.40 $27,768.00 $28,724.80 $29,744.00 $30,784.00 $31,865.60 $32,988.80 $34,132.80 $34,694.40 $14.44 $14.95 $15.47 $16.01 $16.57 $17.16 $17.76 $18.25 $1,155.20 $1,196.00 $1,237.60 $1,280.80 $1,325.60 $1,372.80 $1,420.80 $1,460.00 $30,035.20 $31,096.00 $32,177.60 $33,300.80 $34,465.60 $35,692.80 $36,940.80 $37,960.00 $15.64 $16.19 $16.75 $17.33 $17.94 $18.57 $19.21 $19.95 $1,251.20 $1,295.20 $1,340.00 $1,386.40 $1,435.20 $1,485.60 $1,536.80 $1,596.00 $32,531.20 $33,675.20 $34,840.00 $36,046.40 $37,315.20 $38,625.60 $39,956.80 $41,496.00 ADMINISTRATIVE/CONFIDENTIAL PAYPLAN - FY96 (JULY 1, 1995) PAYGRADES: 30-32 STEP 1 STEP 2 'STEP 3 STEP 4 27 Airport Manager $14.60 Assist Supt -Wastewater $1,168.00 Assist Supt -Streets $30,368.00 Assist Supt -Water Document Sery Super Human Rights Coord Library Coord-Development PM Ramp Manager Transit Operations Super 28 Assist City Attorney Customer Sery Mngr Data Processing Mngr Forester/Horticulturist Purchasing Agent 29 Cable TV Admin City Arct/Energy Coord Controller Equipment Supt Housing Admin Parks Supt Police Sergeant Sr Bldng Inspector Sr Engineer Sr Housing Inspector Parking Mngr Transit Mngr C:\QPVAADM95PP.WBI $15.80 $1,264.00 $32,864.00 $15.41 $1,232.80 $32,052.80 $16.67 $1,333.60 $34,673.60 $16.25 $1,300.00 $33,800.00 $17.58 $1,406.40 $36,566.40 $17.14 $1,371.20 $35,651.20 $18.54 $1,483.20 $38,563.20 a STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. $17.75 $1,420.00 $36,920.00 $19.19 $1,535.20 $39,915.20 a- $18.38 $19.02 $19.69 $20.38 $21.09 $21.83 $1,470.40 $1,521.60 $1,575.20 $1,630.40 $1,687.20 $1,746.40 $38,230.40 $39,561.60 $40,955.20 $42,390.40 $43,867.20 $45,406.40 $19.86 $20.56 $21.28 $22.02 $22.79 $23.88 $1,588.80 $1,644.80 $1,702.40 $1,761.60 $1,823.20 $1,910.40 $41,308.80 $42,764.80 $44,262.40 $45,801.60 $47,403.20 $49,670.40 $17.11 $18.06 $19.06 $20.11 $20.81 $21.54 $22.29 $23.07 $23.89 $24.72 $26.10 $1,368.80 $1,444.80 $1,524.80 $1,608.80 $1,664.80 $1,723.20 $1,783.20 $1,845.60 $1,911.20 $1,977.60 $2,088.00 $35,588.80 $37,564.80 $39,644.80 $41,828.80 $43,284.80 $44,803.20 $46,363.20 $47,985.60 $49,691.20 $51,417.60 $54,288.00 91 ADMINISTRATIVE/CONFIDENTIAL PAYPLAN - FY96 (JULY 1, 1995) PAYGRADES: 30-32 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 30 Battalion Chief Community Dev Coord First Asst City Attrny Library Coord Police Lieutenant Pollution Control Supt Senior Center Coord Senior Planner Solid Waste Supt Super of Strts/Water Dist Traffic Engineer Water Supt 31 Assist Finance Director Assist Library Director Assist PCD Dir/JCCOG Personnel Admin Police Captain Recreation Supt 32 City Engineer C:\QPW\ADM95PP. WB 1 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. $18.52 $19.54 $20.61 $21.75 $22.52 $23.30 $24.11 $24.97 $25.83 $26.74 $28.52 $1,481.60 $1,563.20 $1,648.80 $1,740.00 $1,801.60 $1,864.00 $1,928.80 $1,997.60 $2,066.40 $2,139.20 $2,281.60 $38,521.60 $40,643.20 $42,868.80 $45,240.00 $46,841.60 $48,464.00 $50,148.80 $51,937.60 $53,726.40 $55,619.20 $59,321.60 $20.05 $21.16 $22.32 $23.56 $24.38 $25.24 $26.11 $27.02 $27.96 $28.94 $31.18 $1,604.00 $1,692.80 $1,785.60 $1,884.80 $1,950.40 $2,019.20 $2,088.80 $2,161.60 $2,236.80 $2,315.20 $2,494.40 $41,704.00 $44,012.80 $46,425.60 $49,004.80 $50,710.40 $52,499.20 $54,308.80 $56,201.60 $58,156.80 $60,195.20 $64,854.40 $21.70 $22.91 $24.16 $25.49 $26.39 $27.31 $28.26 $29.25 $30.27 $31.33 $34.07 $1,736.00 $1,832.80 $1,932.80 $2,039.20 $2,111.20 $2,184.80 $2,260.80 $2,340.00 $2,421.60 $2,506.40 $2,725.60 $45,136.00 $47,652.80 $50,252.80 $53,019.20 $54,891.20 $56,804.80 $58,780.80 $60,840.00 $62,961.60 $65,166.40 $70,865.60 EXECUTIVE PAYPLAN - FY96 (JULY 1, 1995) PAYGRADE: MINIMUM MAXIMUM 33 Fire Chief $23.49 $37.23 HIS Director $1,879.20 $2,978.40 Library Director $48,859.20 $77,438.40 Parking & Transit Director Parks & Rec Director PCD Director 34 Assist City Manager $25.44 $40.72 Finance Director $2,035.20 $3,257.60 Police Chief $52,915.20 $84,697.60 Public Works Director CAQPW\ADM95PP. WB 1 14 t�K 1 RESOLUTION NO. 94-150 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A PROJECT TO CONSTRUCT ADDITIONAL HANGAR SPACE AT THE IOWA CITY MUNICIPAL AIRPORT. WHEREAS, it is the intent of the Iowa City Airport Commission to accommodate the aviation users and aircraft owners at the Iowa City Municipal Airport; and WHEREAS, there have been an increasing number of requests from aircraft owners to provide additional hangar space at the Airport; and WHEREAS, additional hangar space would be a capital asset to the Airport by increasing revenue for the Airport Commission and increasing the number of based aircraft at the Iowa City Municipal Airport; and WHEREAS, the costs of the approximately $200,000.00 project would be financed through an internal departmental loan, to be repaid through Airport operating funds over a ten year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign and the City Clerk to attest to a resolution authorizing the Airport Commission to proceed with the development of plans, specifications, form of contract and estimate of cost for construction, and construction of a nine to ten unit aircraft hangar building at the Iowa City Municipal Airport. Passed and approved this 10th day of May , 1994. MAYOR Approved by ATTEST CIT CLERK �� : CtyAttorneyy'''ssJOffice It was moved by Novick and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick Pigott Throgmorton altpor6hangamp.ma 15v RESOLUTION NO. 94-151 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, AN AGREEMENT EXTENDING THE FRANCHISE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND CABLEVISION VII, INC. WHEREAS, the current franchise agreement between the City of Iowa City (City) and Cablevision VII, Inc. (Company) for providing cable television service to the City of Iowa City expired on April 18, 1994, and WHEREAS, on or about December 22, 1993, the City and the Company agreed to extend the franchise beyond its original expiration in order to accommodate negotiations for a renewed franchise agreement, and WHEREAS, the City and the Company are currently in the process of negotiating the terms and conditions of a renewed franchise agreement, and WHEREAS, it is in the interest of the City and the Company to extend the existing franchise pending the outcome of their negotiations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign, and the City Clerk to attest, an AGREEMENT EXTENDING THE FRANCHISE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND CABLEVISION VII, INC., which agreement is attached to and hereby made a part of this resolution. Passed and approved this 10th day of May , 1994. MAYOR ' Appr ed by ATTEST: i�cct��% 7(• 5�o�i✓ CI CLERKby Attorne s Office SA 1c71 It was moved by Xubby and seconded by Lehman the Resolution be adopted, and upon roll call there were: moassAfranchm.res AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman Novick Pigott X Throgmorton AGREEMENT EXTENDING THE FRANCHISE AGREEMENT BETWEEN CITY OF IOWA CITY, IOWA, AND CABLEVISION VII, INC. This Agreement made this day of May, 1994, by and between the City of Iowa City, Iowa -(City), and Cablevision VIII, Inc. (Company). WHEREAS, the City granted to the Company on or about March 29, 1979, a non-exclusive franchise (the Franchise) to construct and operate a cable television system within the City; and WHEREAS, the City and the Company are presently engaged in negotiations for a new cable communications ordinance and franchise agreement; and WHEREAS, the City and the Company entered into an Agreement on or about December 22, 1993, under which the City and Company may elect to extend the -Franchise beyond its original termination date of April 18, 1994, in order to accommodate the negotiations between the parties for a new franchise agreement. NOW, THEREFORE, the parties mutually covenant and agree as follows: Section 1 . The term of the Franchise is hereby extended for a number of days equal to either (1) the number of days which elapse between December 22, 1993, and the date the City determines that negotiations to reach a franchise renewal are terminated; or (2) until the effective date of a new franchise agreement negotiated by the City and the Company. Section 2. If negotiations to reach a franchise renewal terminate before the parties execute a new franchise agreement, the term of the Franchise shall be extended an additional thirty (30) days in order for the Company to submit a formal renewal proposal pursuant to Section 626(a -g), of the Cable Communications Policy Act of 1984. Section 3. This Agreement is entered to effect the terms of a prior agreement of the parties, entered on or about December 22, 1993. Nothing in this Agreement shall be deemed to modify or amend any term of said prior agreement. Section 4. All other terms and conditions of the Franchise are hereby ratified and affirmed, and shall continue in full force and effect and the Company shall operate in the same manner as prior to the extension. Operation in the same manner and under the same terms and conditions includes, but is not limited to, access operation and funding, franchise fee payments, consumer service and complaint response, and compliance with all public safety regulations and applicable laws and regulations. Public access funding will continue concurrently with this Franchise extension. Said funds will be paid in prorated monthly installments on the first of each month. (5) z IN WITNESS WHEREOF, the City and Company have executed this Agreement as of the date written above. CITY OF IOWA CITY a municipal corporation By: CLc,e a__0 ->17 witz, Mayor Attest: /�� 4• 7Yc,-�-�./ City rk mgftassftablaysn.agt A mvipd By City Attomey'e office CABLEVISION VII, INC. a cable television company By. e dicott, Iowa State Manager 15) RESOLUTION NO. 94-152 RESOLUTION AUTHORIZING EXTENSION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, CABLEVISION VII, INC., AND PUBLIC ACCESS TELEVISION, INC. WHEREAS, the City of Iowa City, Iowa (City), Cablevision VII, Inc. (Company), and Public Access Television, Inc. (PATV), have entered into an agreement for the funding and provision of public access television services to the community, and WHEREAS, this agreement expired on March 18, 1994, and WHEREAS, renewal of this agreement is contingent upon several considerations, one of which is the terms and conditions under which public access services will be funded and provided pursuant to the provisions of a renewed franchise agreement between the City of Iowa City and Cablevision VII, Inc., and WHEREAS, the City of Iowa City and Cablevision VII, Inc. are currently negotiating a renewed franchise agreement and have agreed to extend the existing franchise to accommodate their negotiations, and WHEREAS, it is in the interest of the three parties to similarly extend their agreement for the provision of public access services. 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, an AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, CABLEVISION VII, INC., AND PUBLIC ACCESS TELEVISION, INC., extending the existing agreement for the provision of public access services to the community, which agreement is attached to and hereby made a part of this resolution. Passed and approved this 10th day of ATTEST:) �T•�r i� CITY CLERK mgr\asst\paW.res MAYOR 1994. Appr ved b thy Attorn- /s Office 152- Resolution No. 94-152 Page 2 It was moved by Throgmorton and seconded by Kubhv the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x_ Baker x Horowitz g Kubby g Lehman g Novick X Pigott X Throgmorton 15z AGREEMENT BETWEEN CITY OF IOWA CITY, CABLEVISION VII, INC. AND PUBLIC ACCESS TELEVISION, INC. This Agreement is made this ro �iday of May, 1994, by and between the City of Iowa City, Iowa, a municipal corporation (City), Cablevision VIII, Inc. (Company), and Public Access Television, Inc. (PATV), an Iowa non-profit corporation. These entities may be referred to collectively in this Agreement as the Parties. WHEREAS, the Parties executed an Agreement on or about March 5, 1990, to provide public access services to the community and to provide support for the use of public access channels; and WHEREAS, the Parties have operated under the terms of said Agreement to the benefit of the community; and WHEREAS, Section 17, "Term of Agreement," provides that the Agreement shall end on March 18, 1994, and that the Agreement may be extended by mutual written agreement of the Parties for additional five-year periods; and WHEREAS, PATV has notified City of its intent to renew the Agreement, as required by Section 19, "Renewal of Agreement," and negotiations to reach a final renewal are underway; and WHEREAS, the City and the Company are engaged in negotiations to reach a new franchise agreement, and have executed an agreement to extend the present franchise agreement during the pendency of those negotiations. NOW, THEREFORE, the Parties mutually covenant and agree as follows: Section 1. The term of the Parties' Agreement of March 5, 1990, is hereby extended for a number of days equal to either (1) the number of days which elapse between December 22, 1993, and the date the City determines that negotiations between the City and the Company to reach a franchise renewal are terminated; or (2) until the effective date of a new franchise agreement negotiated by the City and the Company. The extension contemplated herein may be further extended for a period of thirty (30) additional days after termination of negotiations in order for the Company to submit a formal renewal proposal to the City, pursuant to Section 626(a -g), of the Cable Communications Policy Act of 1984. Section 2. All other terms and conditions of the Parties' Agreement of March 5, 1990, are hereby ratified and affirmed, and shall continue in full force and effect and the Parties shall operate in the same manner as prior to the extension. Operation in the same manner and under the same terms and conditions includes, but is not limited to, access operation and funding, consumer service and complaint response, and compliance with all public safety regulations and applicable laws and regulations. Public access funding will continue concurrently with this Agreement and will end when the Franchise granted to the Company by the City terminates or expires. Said public access funding will be paid in prorated monthly installments on or before the first of each month. (-5Z z IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. CITY OF IOWA CITY a municipal corporation By: \� Susan Horowitz, Mayor Attest:2? ti? r,J 71" City Jerk CABLEViSION VII, INC. a cable television company By: William L. Blough, G&nerEmanager mgAa=\patv.agt proved By City Attomey's Office /1"�X PUBLIC ACCESS TELEVISION, INC. a non-profit corporation By:�lL>--- 152 RESOLUTION NO. 94-157 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 1, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, 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 7th day of June, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A 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 24th day of May , 1994 L MAYOR Approved b� ATTEST:," CITY CLERK City Attorney's Office9/9� It was moved by Nov, rk and seconded by Thrn mnrrnn the Resolution be adopted, and upon roll call there were: pwengVchreVd.res AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 153 RESOLUTION NO. 94-154 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MAIDEN LANE PEDESTRIAN BRIDGE CON- STRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE,IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 7th day of June, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A 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 24th day of May , 1994. ,ate ),h.� MA OR Approved bye ATTEST: v C�� CITY CLERK City Attorney's Office//�/ It was moved by Novick and seconded by Throemorton the Resolution be adopted, and upon roll call there were: AYES: x _x x x x x pmngVmaldenlnxes NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Lk` I �S _bV RESOLUTION NO. 94-155 RESOLUTION ADOPTING SUPPLEMENT NUMBER 65 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, Sterling Codifiers, Incorporated has prepared the (,5th supplement to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 65 by resolution as a part of the said Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement -number 6_ to the Code of Ordinances of the City of Iowa City, Iowa attached to this Resolution as Exhibit A, and by this reference made a part hereof, is officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Neu;,., and seconded by Thrngmnrtnn the Resolution be adopted, and upon roll call there were: AYES: X X X X X X NAYS: Passed and approved this 24th day of ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 1994 ove by ATTEST: CITY CLERK O ty Attorney's Office clerk\cadecrd.res IS5 I RESOLUTION NO. 94-156 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA AVENUE SENIOR CENTER PARKING LOT RETAINING WALL AND RAIL IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 7th day of June, 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 14th day of June, 1994, or at such later time and place as may then be fixed. Passed and approved this 24th day of tsar—' 1994. Q c AYOR Approved by ATTEST: CYm CITY CLERK � OC ty Attorney's Office pweng\iowa-ave.res j4SID Resolution No. 94-156 Page 2 It was moved by T.ohman and seconded by moo_ the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: Y Baker x Horowitz g Kubby g Lehman g Novick X Pigott Throgmorton 15& iv , 1�s V� V -- RESOLUTION NO. 94-157 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, JOHNSON COUNTY, AND OLD CAPITOL CAB COMPANY FOR SUPPLEMENTAL TAXI SERVICE. WHEREAS, it is in the public interest to provide paratransit service to Iowa City residents who have special transit needs due to age or disability, and WHEREAS, supplemental taxi service is designed to supplement paratransit service which is provided to elderly persons or persons with disabilities, and WHEREAS, Iowa City, Johnson County, and Old Capitol Cab Company have entered a 28E agreement for the purposes of providing such services in FY94, which agreement has been recorded in the Johnson County Recorder's Office, and WHEREAS, a First Renewal Agreement has been negotiated by said parties in order to continue delivery of supplemental taxi service to Iowa City residents in FY95, and a copy of said renewal agreement is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to sign and the City Clerk to attest the First Renewal Agreement to the 28E Agreement for FY94 supplemental taxi service. 2. That the City Clerk is directed to file the First Renewal Agreement with the Secretary of the State of Iowa and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. Passed and approved this 24th day of MAY 1994. MAYOR Appr v ATTEST: CITY CLERK ity Attomey's Office �/�/9� jccogtpXsuppla Lres is? Resolution No. Page Z_ It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton [57 FIRST RENEWAL OF A 28E AGREEMENT FOR SUPPLEMENTAL TAXI SERVICE This First Renewal Agreement is entered into by and between the City of Iowa City, Iowa a municipal corporation, Johnson County, Iowa, a political subdivision, and Old Capitol Cab Company of Iowa City, Iowa. WHEREAS, the parties hereto wish to renew their FY94 Agreement for supplemental taxi service which is recorded in book 1592, at page 160, in the office of the Johnson County Recorder. BE IT AGREED by and between Johnson County, Iowa, the City of Iowa City, Iowa, and Old Capitol Cab Company as follows: 1. The first renewal term of the 28E Agreement referred to above shall commence July 1, 1994 and continue for one year through and including June 30, 1995. 2. Section I shall be deleted and replaced by the following: Old Capitol Cab shall supplement the City of Iowa City paratransit service provided by Johnson County SEATS by providing transportation for Iowa City residents who, for reasons of age or disability, are unable to use the fixed route transit service. 3. Section II, paragraph 3. Add to the end of this paragraph: For the purposes of this program, an elderly person is defined as an individual 60 years of age and older. 4. Section III, paragraph 2 shall be deleted and replaced by the following: For service provided during Iowa City Transit's regular hours of operation, Old Capitol Cab shall ask each rider to pay a fare of $1.00 for each trip. The City shall subsidize the remaining cost of the trip. The $1.00 fare shall be subtracted from the calculation of the trip charge which is presented by Old Capitol Cab to the City for reimbursement. Waivers to the $1.00 fare may be granted by the City in which case the City will subsidize the entire cost of the trip. 5. Section III, paragraph 5. Add to the end of this paragraph: Old Capitol Cab shall request reimbursement from the City for supple- mental taxi service trips which would have otherwise been provided by Iowa City Transit if the person had not had a disability or had not been 60 years of age and older. -2- 6. Section III, paragraph 6. Delete and replace with the following: The City shall allocate $25,000 for this program. This amount represents the City's total contribution for the supplemental taxi service from July 1, 1994 to June 30, 1995. None of these funds shall be used for advertising or promotion. All funds not used by the end of FY95 remain the property of the City. 7. Section VII, Duration. Delete and replace with the following: This Agreement shall be in effect from July 1, 1994 to June 30, 1995. S. Except for the amendments set forth herein, the original agreement between the parties remains in full force and effect. 9. This renewal agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this day of , 1994. CITY OF IOWA CITY By c Attest Susan M. Horowitz, Mayor City Clerk Approved as to Form: ity Attorney's Office AL�77t�FY�P►�K�1�L>tl'�LUri�L•1 By 4��L� - — tephen Lacina, Chairperson Board of Supervisors OLD CAPITOL CAB COMPANY W-04aai gvwm.Ji FII.FLD Johnsen Ce I0,11a JUN -2 1994 Attest County Auditor Attest lu0g1P�5uPPtW.a9t 15? RESOLUTION NO. w—i SR RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR YOUTH SERVICES WITH BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide volunteer adult companionship for youths in the Iowa City area who are between the ages of 6 and 14, and WHEREAS, Big Brothers/Big Sisters of Johnson County provides matching volunteers for youths between these ages, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Big Brothers/Big Sisters Program is a non-profit program of the Johnson County Extension Service, and WHEREAS, the City of Iowa City and Big Brothers/Big Sisters Program have negotiated a Funding Agreement for the amount of $31,500, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 24th day of May , 1994. e MAYOR Approved as to Form ATTEST: ITY CLERK City Atomey's Office 3�?/y It was moved by u„r;,.ic and seconded by the Resolution be adopted, and upon roll call there were: AYES: X X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmcrton M., . AGREEMENT THIS AGREEMENT, made and entered into on this 7-1� 4k day of 1994, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), Ynd Big Brothers/Big Sisters of Johnson County ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate' against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide a program whereby youths between 6 and 14 years of age are matched with adult volunteers who will provide guidance and companionship. Details of services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY95. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $31,500 to assist Recipient in paying the salaries of the Executive Director and Caseworkers of the Big Brothers/Big Sisters Program. B. The City shall transfer the funds to Recipient in quarterly payments of $7,875.00 each. The first payment will be made on July 15, 1994. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1995, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1995, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: •�• ATTEST: 'I AZ M K u, Susan K. Walsh,.T)euuty City Clerk Approved as to Form For Big Brothers/Big Sisters of Johnson County: Johnson County Extension Council EVE -1=16 ty Attorney's Office �� /y -41C NAME contracAbb-bs l5 P P�-� Be_ RESOLUTION NO. 94-159 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE CRISIS CENTER. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide services to assist persons needing emergency assistance in Iowa City, and WHEREAS, the Crisis Center is an agency which provides short-term crisis intervention and counseling, information and referral services, and emergency food and basic needs assistance to persons in need, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Crisis Center is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Crisis Center have negotiated a Funding Agreement for the amount of $29,692, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 24th day of 1994. MAYOR Approved as to Form ATTEST: Liu CITY CLERK City Attomey Office It was moved by N�.4e and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton � W. /57 AGREEMENT THIS AGREEMENT, made and entered into on this Z4 4% day of 1994, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), an the Crisis Center ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals, including but not limited to: short-term crisis counseling, and information and referral services; emergency transportation and food for local residents; and assistance with emergency shelter, food and transportation for non-residents of the Iowa City area. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY95. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $29,692 to assist Recipient in meeting its expenses for operation of the programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $7,423.00 each. The first payment will be made on July 15, 1994. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1995, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 159 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1995, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: For the Crisis Center: USAN M. HOROWITZ, MAYOR NA E ATTEST: // Susan K. Walsh, Deputy City Clerk Approved as to Form City Attorney's Office contract\iccic TITLE ATTEST:// A',, //l NAME gxelvli ✓6 YI i R.JW TITLE 15q RESOLUTION NO. oA_trn RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE DOMESTIC VIOLENCE INTERVENTION PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist persons who are victims of domestic violence in Iowa City, and WHEREAS, the Domestic Violence Intervention Program is an agency which provides temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to victims of domestic violence, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Domestic Violence Intervention Program is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Domestic Violence Intervention Program have negotiated a Funding Agreement for the amount of $42,000, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 24th day of May , 1994. �l.c,(,d A -rt ,h • �!� e roc/ r� MAYOR Approved as to Form ATTEST. - C •.. /�`{/� CITY CLERK gityttorney's Office 3��/f,� It was moved by Nnvi rk and seconded by n; t the Resolution be adopted, and upon roll call there were: AYES: X X X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ,es p lot? AGREEMENT 41 THIS AGREEMENT, made and entered into on this 2-4 day of 0a,4 1994, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), land the Domestic Violence Intervention Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals who are victims of domestic violence, such assistance to include but not be limited to: temporary shelter and food, counseling and emotional support, and advocacy in referral to community resources. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY95. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $42,000 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $10,500.00 each. The first payment will be made on July 15, 1994. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1995, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, 1160V 2 records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1995, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: &,J_ i l'h, S SAN M. HOROWI Z, MAYOR ATT ST: Susan K. Walsr; Deputy City Clerk Approved as to Form ity Attorney's Office contracfldvip For the Domestic Violence Intervention Program: (%� -1— en NAME ren ref l�]rGiaK TITLE ATTE i NAME ,.J - TITLE ��d �5 6,L), RESOLUTION NO. a4_1rl RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE EMERGENCY HOUSING PROJECT. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide services to assist persons needing emergency shelter and food in Iowa City, and WHEREAS, the Emergency Housing Project is an agency which provides temporary emergency shelter and food to persons in need, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Emergency Housing Project is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Emergency Housing Project have negotiated a Funding Agreement for the amount of $5,250, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 91.rh day of Mny , 1994. AYO Approved ATTEST: Lam CITY CLERK C ty Attorney's Office It was moved by 14,,,j 11, and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton ms\ehp AGREEMENT THIS AGREEMENT, made and entered'into on this ?_4 f day of Nk 1, 1994, by and between the City of Iowa City, Iowa, a municipal corporation ("City"),d the he Emergency Housing Project ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to homeless persons, both local and transient, including but not limited to: temporary emergency shelter and food, and referral to community resources. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for 1995. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $5,250 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $1,312.50 each. The first payment will be made on July 15, 1994. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1995, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey 2 participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -parry beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either parry. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1995, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: Ghat C>U USAN M. HOROWITZ, MAYOR ATTEST: � Susan K. Walsh, Deputy City Clerk Approved as to Form City Attorney's Office contract\ehp For the Emergency Housing Project: �A NAME J TITLE ATTEST: NAME TITLE RESOLUTION NO. 94-162 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE HAWKEYE AREA COMMUNITY ACTION PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide developmental programming for children of limited -income families who are aged three to school age, and WHEREAS, the Hawkeye Area Community Action Program is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Hawkeye Area Community Action Program is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Hawkeye Area Community Action Program have negotiated a Funding Agreement for the amount of $6,000, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 24th day of May , 1994. WE TMAW l Approved as to Form — ATTEST: i/ CITY CLERK —T C ty Attorney's Office 3� p ycG It was moved by Novick and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton —V� NO 2 AGREEMENT THIS AGREEMENT, made and entered into on this 2-4 day of MCU4, 1994, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Hawkeye Area Community Action Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any. individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide developmental programming for children of limited -income families who are aged three to school age. Such services shall include, but are not limited to: support for the families, pre-school educational activities, health/nutrition screening, and follow-up services. Details of the services to be provided are outlined in the Program Information and Goals and Objectives Statement portions of Recipient's request for FY95 City funding. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $6,000 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $1,500.00 each. The first payment will be made on July 15, 1994. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1995, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 1(,o2 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either parry. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1995, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: SAN M. HOROWIT2, MAYOR ST: 22Z� w Susan -R. Walsh, Deputy City Clerk Approved as,, to orm City Attorney's Office contracAhacap For the Hawkeye Arga Community Ac' Program: NAME CON W. MANICCIA, CCAP ExeCUMOW10F TITLE ATTEST: e NAME IAJ _ TITLE R07 �' 3 le - RESOLUTION NO. ga_i�z RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE IOWA CENTER FOR AIDS/ARC RESOURCES & EDUCATION. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist persons with HIV seropositivity (HIV) or AIDS, and to provide educational services and materials to the general community, high risk groups, and persons with HIV or AIDS to increase awareness and decrease high risk behaviors, and WHEREAS, the Iowa Center for AIDS/ARC Resources & Education is an agency which provides such assistance and educational activities, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Iowa Center for AIDS/ARC Resources & Education is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Iowa Center for AIDS/ARC Resources & Education have negotiated a Funding Agreement for the amount of $8,500, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 24th day of May , 1994. MAYOR Approved as, to Form ATTEST: CITY CLERKty Attomey's Office It was moved by Novick and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: X X X X X 2F.MLbbl ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton lB9�H141@IC 1(03 AGREEMENT THIS AGREEMENT, made and entered into on this 2444, day of _11994, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), Ad the Iowa Center for AIDS/ARC Resources & Education ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals with HIV seropositivity (HIV) or AIDS, and to their families and loved ones. This assistance shall include emotional, financial and material support. Recipient shall also provide educational services and materials to the general community, high risk groups, and persons with HIV or AIDS to increase awareness and decrease high risk behaviors. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY95. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $8,500 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $2,125.00 each. The first payment will be made on July 15, 1994._ Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1995, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 10 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1995, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: I MEAN •-• •� ATTEST: k - Susan K. Walsh Deputy Tity Clerk Approved as to Form G� Cy Attorney's Office contract\aids arc For the Iowa Center for AIDS/ARC Resources & Education: za 6l NAME EXEC unvt TITLE ATTEST: Li, arc7o:2 �c�e� � S►�N:s�� NAME TITLE [,63 'D. RESOLUTION NO. 94-164 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR THE MAYOR'S YOUTH EMPLOYMENT PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide disadvantaged Iowa City youth between the ages of 14 and 21 with meaningful, subsidized work experiences in public and private non-profit agencies; and WHEREAS, the Mayor's Youth Employment Program plans and provides such work experiences; and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Mayor's Youth Employment Program is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Mayor's Youth Employment Program have negotiated a Funding Agreement for the amount of $35,000, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 24th day of May , 1994. MAYOR Approved as to Form �V C TY CLERK Ci y Attorney's Office 3/_Z It was moved by Novick and seconded by Pi gory the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton -e Mrp 40 l AGREEMENT THIS AGREEMENT, made and entered into on this Z4 — day of Aktm 1994, by and between the City of Iowa City, Iowa, a municipal corporation ("City" , and the Mayor's Youth Employment Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide meaningful employment within public and private non-profit agencies for youth between the ages of 14 and 21 who are socially or economically disadvantaged. Recipient shall also provide job training, vocational and career counseling, and related assistance to youth to develop positive work habits so that future employment opportunities will be enhanced. Recipient agrees to refer youth to appropriate agencies and programs in accordance with their needs. Recipient also agrees to assist youth who are not eligible for its programs to secure employment in the private sector through referral. Details of these services are outlined in Recipient's Information and Goals and Objectives Statement for FY95. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $35,000 to assist Recipient in meeting its expenses for the operation of the programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $8,750.00 each. The first payment will be made on July 15, 1994. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. 10- 2 III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1995, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1995, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: For the Mayor's Youth Employment Program: OUSAN M. ORO�' NAME Approved s%Jto Form ity Attorney's Office /yam Iff- TITLE SVT 3 ATTEST: Susan K: Walstr;- Deputy City Clerk contract\myep2 ATTEST: Iffadfumm "MIN ffffMSal.' t'L! 1 RESOLUTION NO. 94-165 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR NEIGHBORHOOD SERVICES WITH NEIGHBORHOOD CENTERS OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide recreational services and supportive assistance to the residents of the Pheasant Ridge and Broadway Street Neighborhoods, and WHEREAS, Neighborhood Centers of Johnson County is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Neighborhood Centers of Johnson County is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and Neighborhood Centers of Johnson County have negotiated a Funding Agreement forthe amount of $45,000, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 24th day of May , 1994. M YOR c�CZG� Approved as to Form ATTEST - a)&Lh �I CITY CLERK City Attorney's Office It was moved by Novick and seconded by 2iaott the Resolution ABSENT: be adopted, and upon roll call there were AYES: X X X X X Y X NAYS: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Ma gn � lbs AGREEMENT THIS AGREEMENT, made and entered into on this Y day of MB&4 —11994, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), dnd Neighborhood Centers of Johnson County ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational and community support program to residents of the Pheasant Ridge and Broadway Street neighborhoods, as detailed in the Recipient's Program Information and Goals and Objectives Statement for FY95. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $45,000 which shall be allocated for operating expenses of the programs of the Pheasant Ridge and Broadway Street Neighborhood Centers. B. The City shall transfer the funds to Recipient in quarterly payments of $11,250.00 each. The first payment will be made on July 15, 1994. Subsequeht payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1995, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 16S z C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1995, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: �.XJU Lo vv�� SUSAN M. HOROWITZ, MAYOR ATTEST: �/ (�L.JQ_� l L /' I n ^ A / I Susan K. Walsh., Deputy City Clerk Approved as to Form Ci y Attorney's Office contract\nghdctrs For Neighborhood Centers of Johnson County: NAME yKr: cu nyE D! 2(✓C T01-- TITLE ATTEST: NAME . �.�.0 _iz (65 RESOLUTION NO. ot,_irr, RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE RAPE VICTIM ADVOCACY PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide rape victim advocacy services in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program provides services for all victims of sexual assault, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordinated by the University of Iowa, which is organized and operates under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Rape Victim Advocacy Program have negotiated a Funding Agreement for the amount of $12,000, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this g4th day of MAA , 1994. U /IN/.t M. '"W_ Approved as to Form It was moved by _ Novick and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: X X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton .w p AGREEMENT THIS AGREEMENT, made and entered into on this 24 4-11 day of 1994, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), an the Rape Victim Advocacy Program ("Recipient'). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient will provide emergency services for all victims of sexual assault, including counseling, medical and law enforcement advocacy intervention, and referral to other agencies. Community education will be provided, including current statistics and information on sexual crimes and prevention. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY95. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $12,000 to assist Recipient in meeting its expenses for operation of the programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $3,000.00 each. The first payment will be made on July 15, 1994. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1995, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. I 11 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1995, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the Rape Victim Advocacy For the City of Iowa City, Iowa: Program: S14SAN M. HOR WITZ, MAYOR AME cwrzIsrre r-_utiso� ATT ST: :I aln / - OJ Q.& TITLE Susan K. Walsh, Deputy City Clerk Approved as to Form ATTEST: 4CAttome y's Office 3/ate/yam NAME r , rC I �r �E161ca TITLE contractWap RESOLUTION NO. 94-167 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE JOHNSON COUNTY OFFICE OF THE GRANT WOOD AREA CHAPTER, AMERICAN RED CROSS. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to respond to community disaster and emergency needs, and WHEREAS, the Johnson County Office of the Grant Wood Area Chapter of the American Red Cross conducts programs which respond to such needs by providing immediate and longer- term assistance to Iowa City residents, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Grant Wood Area Chapter of the American Red Cross is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Johnson County Office of the Grant Wood Area Chapter of the American Red Cross have negotiated a Funding Agreement for the amount of $4,200, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 24th day of May , 1994. it 111ri[ ' Approved as to Form ATTEST (i G�7ALA Q /G CITY CLERK dity Attorney's Office It was moved by Novick and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: X X X x x X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton msVed=SS AGREEMENT THIS AGREEMENT, made and entered into on this Z'f h day of , 1994, by and between the City of Iowa City, Iowa, a municipal corporation ("City"p, and the Johnson County Office of the Grant Wood Area Chapter of the American Red Cross ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide services to alleviate suffering caused by natural or man-made disasters by providing immediate and longer-term assistance to disaster victims in Johnson County. This includes offering, when personal resources are not available, immediate shelter, food, clothing, and needed medicines to Johnson County disaster victims. It also includes maintaining a program of pre- and post -disaster education to assist the residents of Johnson County with disaster self-help. Recipient will provide instruction in First Aid in order to promote personal safety and health awareness, and training in cardiopulmonary resuscitation (CPR) techniques. Details of the services to be provided are included in the Recipient's Program Information and Goals and Objectives Statement for FY95. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $4,200 with the agreement that these funds shall be allocated toward the disaster and safety programs of the Johnson County Office of the Grant Wood Area Chapter of the American Red Cross. B. The City shall transfer the funds to Recipient in quarterly payments of $1,050.00 each. The first payment will be made on July 15, 1994. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. 10 2 B. On or before July 30, 1995, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -parry beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1995, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: USAST N M. HORO ITZ, MAYOR ATTEST: Jit !e kjo, f .Susan K. Walstti;.I)eouty Ciiy Clerk Appr ve as to Form ty Attorney's Office <1 V/1f�Z cont=Netl ow For the Johnson County Office of the Grant Wood Area Chapter of the American Red Cross: NAME Cid 2 i c �L (!5 CV,4:?T4W A A) TITLE ATTEST: NAM �/) J TITLE 167 RESOLUTION NO. 94-168 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH UNITED ACTION FOR YOUTH. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services, and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from traditional approaches to youth services, to help them identify their individual needs, and to facilitate meeting the same in the best interest of the individual and the community, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and United Action for Youth have negotiated a Funding Agreement for the amount of $18,000, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 24th day of 1994. .'v_ -' x�mi MAYOR Approved /' , "' ATTEST LVCGe CITY CLERK City Attorney's Office �� F/�� It was moved by Nov; rk and seconded by v; g,,,-,. the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton resluay M AGREEMENT �k THIS AGREEMENT, made and entered into on this Z't day of Mc —11994, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and United Action for Youth ("Recipient'). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide assistance to young people, especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY95. Specifically: 1. Recipient agrees to plan and conduct a comprehensive Outreach Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following components: a. Staff and maintain a walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. C. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. d. Maintain records of Outreach workers, including youth contacts, activities and referrals. e. Build and establish working relationships and communications with other agencies in the community. /6 P 2. Recipient agrees to provide appropriate Outreach services to youth as determined by individual needs. At a minimum, such services shall include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation. C. Identification and utilization of available referral services to assist young people in meeting their needs or improving their current situation. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. e. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is needed. 3. Recipient shall solicit and document ongoing feedback from clients, their families, and other agencies regarding the effectiveness of Outreach, including information regarding client needs, their level of trust and rapport with Recipient's staff, others' perceptions of Recipient's effectiveness, and service gaps among agencies. Il. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $18,000 to be used for general operating expenses of its programs. B. The City shall transfer the funds to Recipient in quarterly payments of $4,500.00 each. The first payment will be made on July 15, 1994. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1995, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. /67 3 D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1995, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: -41 ATTEST: Susan K. Walrh, neouty City Clerk App oved as o Form ty Attorney's Office contracAuay For United Action for Youth, Inc.: az may. NAM TITLE ATTEST: NAME �GL�liiizz)a O � G7�Y TITLE /6 g RESOLUTION NO. 94_169 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY, AND AUTHORIZING EXECUTION OF SAID AGREEMENT. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to elderly people in Iowa City who are in need of programs which aid them in their efforts to remain independent; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston -Gonzalez National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City of Iowa City wishes to utilize part of such funds to contract with the Elderly Services Agency of Johnson County to provide services for the elderly persons of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement between the City of Iowa City and the Elderly Services Agency of Johnson County for the use of Community Development Block Grant funds, attached hereto and made a part hereof by this reference, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement. Passed and approved this 24th day of May 1994. MAYOR // //// JJ�A(Approved by ATTEST Gc/rl /� LVL1JJJ %L14 [� CITY CLERK / U City Att mey's Office It was moved by Novick and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: jccoghs\res\esa.hud NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 167 AGREEMENT BETWEEN THE CITY OF IOWA CITY FOR THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this day of Mal 1994, by and between the City of Iowa City, a municipal corporation ("City"), and the Elderly Services Agency of Johnson County ("Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-550); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to older people in Iowa City who are in need of programs which aid them in their efforts to remain independent. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART PURPOSE AND SCOPE OF SERVICES: A. 1. The Agency shall use the CDBG funds disbursed under this Agreement for administrative and operational expenses of the Agency. Specifically, these funds will be used for approximately 88% of the Executive Director's salary, 71 % of the Chore Coordinator's salary and FICA for both. 2. The Agency staff of approximately 5 FTEs shall provide assistance to 1,200 elderly persons during the year ending June 30, 1995. B. During the term of this Agreement, the Agency shall provide to elderly residents of Iowa City the information and support services herein described, in order to identify and assist in responding to their needs and concerns. Further details of these services are outlined in the Agency's Program Information and Goals and Objectives Statement for FY95. Specifically: The Agency agrees to provide and to publicize through available media a comprehensive Information and Referral service for elderly residents of Iowa City which shall include the following components: a. Maintenance of a current information file on services and resources available to Iowa City elderly. b. Response to requests for information about community resources for the elderly and referral of elderly individuals to appropriate resources to meet their needs. C. Follow-up on referrals, as appropriate, by contacting the person referred to determine whether the referral met the need expressed. !6� 2 d. Maintenance of records of all information and referral contacts and related calls, including specific information on needs expressed during these contacts and calls which cannot be met by existing resources. 2. The Agency agrees to provide an Outreach service to identify needs and concerns of elderly people in Iowa City and to help meet those needs with appropriate intervention, referral and case monitoring. Under the Outreach program, volunteers are trained to monitor the lives of clients through in- home visits and telephone calls. Staff monitor volunteers' written reports and intervene as appropriate. The Outreach program will also include a case management team of professionals working for hospitals and agen- cies coordinating various levels of in-home care in complex cases. Out- reach also includes a Retired Senior Volunteer Program which acts as a clearinghouse forvolunteer opportunities throughout the community with an emphasis on elderly helping other elderly and an SSI outreach effort to find eligible elderly. a. The Agency shall publicize its Outreach service through available media resources on a systematic basis. b. The Agency shall provide a referral or liaison to community resourc- es where necessary and appropriate. 3. The Agency agrees to coordinate a chore and respite/in-home care service for Iowa City elderly in need of same. a. Coordination shall include recruitment and screening of prospective independent contractors as well as the negotiation of an agreeable wage between the elderly employer and the independent contractor. These workers will be referred to the elderly client who has request- ed help with yard work or non -licensed in-home care. b. Coordination includes the organization of volunteers in the spring and fall to help with seasonal chores around the home. C. A small repair program provides Iowa City residents who are over 62 years of age, who own their own homes, and who have low or moderate incomes with help in securing repairs necessary to their safety and comfort. 4. The Agency agrees to coordinate a Shared Housing program for its elderly and handicapped clients, which shall match screened, compatible and supportive house mates who will provide some services in exchange for low/no rent. a. Coordination shall include finding homeowners who need either income and/or services in order to remain in their homes as long as possible. b. Tenant/homeowner living arrangements shall be monitored by the Shared Housing Coordinator to help ensure a successful living arrangement. l67 IV V 3 5. The Agency agrees to serve as an advocate for the needs and concerns of Iowa City elderly on an individual and group basis as the need arises, including: a. Group advocacy with governmental policy makers, and with busi- ness and civic community groups on unmet needs brought to the Agency's attention through the provision of its services and on issues of concern raised by the elderly community. b. Individual advocacy in regard to the Agency's programs when a client has difficulty obtaining a service or when provision of a ser- vice is unsatisfactory. C. The Agency shall solicit and provide documentation of ongoing feedback from its clients and clients' families, and other appropriate agencies and individuals regard- ing the effectiveness of the programs offered by the Agency in serving elderly persons. D. The Agency shall operate in compliance with all applicable federal, state and local regulations regarding its program services. TIME OF PERFORMANCE: This Agreement shall commence upon execution by the City and the Agency and shall terminate on June 30, 1995. PROPOSED PROJECT BUDGET: Amount Salaries: Executive Director $30,960 Chore Coordinator 16,416 FICA 3.624 TOTAL PROJECT COSTS $51,000 COMPENSATION AND METHOD OF PAYMENT: A. The City shall pay and the Agency agrees to accept in full no -mord than Fifty-one Thousand Dollars ($51,000.00) for performance under this Agreement as follows. B. Partial payments shall be made monthly, with the first payment to commence July 1, 1994. Requests for each monthly payment shall be submitted together with all time sheets and all other source documents by the fourth day following the end of each calendar month. Quarterly reports shall continue to be submitted as required by this Agreement. TERMS AND CONDITIONS: A. The Subrecipient agrees to comply with all applicable federal, state, and local laws and regulations governing the funds provided under this contract. 10 C! B. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agree- ment. C. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1995. D. In the event the Agency discontinues its services, and/or the project/program funded under this Agreement prior to June 30, 1995, ceases, all real and personal property (tangible and intangible) secured with the CDBG funds under this Agree- ment shall revert to the City. If the property has been disposed of, then the City will be reimbursed in the amount of the current fair market value of the property less any portion attributable to non-CDBG funds. (Personal property includes, but is not limited to, equipment, furnishings,, and vehicles.) E. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Subre- cipient is an independent Subrecipient. F. During the period of this Agreement, effective as of the start of the Project, the Subrecipient shall, at its own expense, procure and maintain all-risk property damage and liability insurance. Property damage coverage shall not be less than the current market value of the property. Liability coverage which shall include contractual insurance as well as comprehensive form insurance, and which shall provide coverages of not less than $250,000 bodily injury per person, $500,000 bodily injury per occurrence, and $100,000 property damage. Proof of insurance shall be shown to the City by furnishing a copy of the certificate of insurance issued by an insurance company licensed to do business in the State of Iowa. The certificate of insurance shall include a statement guaranteeing that the insur- ance company shall notify the Community Development Coordinator within 30 days of the lapse of said policy. The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. PART II PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, insurance policies, and other communi- cations related to or required by this Agreement to the office of the Iowa City Community Development Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. On or before the first day of the second month following the end of each calendar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low-income or moderate -income, the racial composition and age range of the Agency's client group, and the number of female -headed households AV 7 which were served. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. C. Not later than July 31, 1995, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. D. Following completion of the Project, the Subrecipient shall submit an annual report by the first day of December, 1995. The annual report shall, at a minimum, include statistics pertaining to the number and place of residence of clients served at the Subrecipient's Facility. E. For projects involving $25,000 or more, an audit report which meets the specifica- tions set forth in OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations," and which discloses the expenditure of CDBG funds allocated for this Project, shall be submitted by October 31, 1995. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. C. The Agency shall retain financial records, supporting documents, statistical re- cords, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. III. ADMINISTRATIVE REQUIREMENTS: A. Financial Management Accounting Standards The Subrecipient agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable; (and if the Subrecipient is a governmental or quasi -governmental agency, the applicable sections of 24 CFR Part 85, "Uni- 0 form Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,"] for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping Records to be Maintained The Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including but not limited to: a. Records providing a full description of each activity undertaken; b. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assis- tance; C. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; and d. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110. 2. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to a signed and dated verification of income statement, or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 3. National Obiectives The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract benefit low/moderate income persons, as defined in 24 CFR Part 570.208. C. Procurement Compliance The Subrecipient shall comply with current City policy concerning the purchase of equipment and shall maintain an inventory record of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this contract. 2. OMB Standards The Subrecipient shall procure materials in accordance with the requirements of A-133, A-122, Attachment O of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, cover - W 7 ing utilization and disposal of property. Copies of said circulars are provided and by execution of this Agreement, the Subrecipient acknowledges their receipt. D. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments are executed in writing and signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. IV. NON-DISCRIMINATION: A. No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. B. Section 504 Compliance. The Agency confirms that no otherwise qualified individ- ual with handicaps shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. This includes, but is not limited to, programs and/or activities related to housing, employment, and the delivery of services. V. ' EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. SECTION 3: The Subrecipient agrees to comply with Section 3 requirements, the regulations set forth in 24 CFR 135. VII. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cue period. In the event of such termination, the Agency may be required to repay to the City the full contract amount of $51,000.00, or that portion of the amounts which have been disbursed to the Agency prior to such termination. I69 n VIII. TERMINATION OF AGREEMENT FOR CONVENIENCE: This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and the Agency shall agree upon the termination conditions, including the effective date, the disposition of contract amounts, and in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accom- plish the purposes for which the award was made, and the award is terminated in its entirety, no further funding payments shall be made by the City to the Agency. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. C. No federal funds appropriated under this contract shall be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or agreement. D. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, the Subrecipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. E. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-Subrecipients and that all sub-Subrecipients shall certify and disclose accordingly. X. CONFLICT OF INTEREST: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the servic- es to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. f0 R1 XI. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XII. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XIII. WORKERS' COMPENSATION: The Subrecipient shall provide Workers' Compensation Insurance coverage for all employ- ees involved in the performance of this contract. XIV. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs that are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involve- ment with the City. IN WI,ESS WHEREOF, the Parties hereto have executed this Agreement on this a day of 1994. CITY OF IOWA CITY, IOWA ELDERLY SERVICES AGENCY OF JOHNSON COUNTY By: By: llie_� Mayor � Exe ive:tor ATTEST: Cl/i ] QQQ 6TTEST: h'' City Clerk // Boar Member Approved by S�ZO(,,Z W l�v_ri/ jjO-7_�� City Attorney's Office 5-1-s/qy /67 10 ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On- ^this Z,ftl day of 1qa!j 19 , before me, — f•Z7n� , a Notary Public in and for said State, personally appeared Susan M. Horowitz and S„san w Walsh to me personally known, who being by me duly sworn, did say that they are the Mayor and tiVlerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporate, and that the said Susan M. Horowitz and StAmA It u--k-Is6 acknowledged the execution said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this V'day of 19�L'1–, befo a me, the undersigned, a Notary Public in and forte Sfate of Iowa, personally appeared and .<�n 47%Y& to me personally known, wh being by me duly sworn, did say that they are the and '� oaA Ae 4 , respectively, of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the i strument was signed on behalf of the corporation by authority of its Board of Directors; that and S acknowledged the execution of the in rument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. contracts\esahud.agt Notary Public in and for the State of 16 \�6 RESOLUTION NO. 94-170 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE MID -EASTERN COUNCIL ON CHEMICAL ABUSE, AND AUTHORIZING EXECUTION OF SAID AGREEMENT. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide services to assist persons in need of comprehensive substance abuse prevention and treatment programs in Iowa City; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston -Gonzalez National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City of Iowa City wishes to utilize part of such funds to contract with the Mid - Eastern Council on Chemical Abuse (MECCA) to provide services to assist persons in need of substance abuse prevention and treatment programs in Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement between the City of Iowa City and the Mid -Eastern Council on Chemical Abuse for the use of Community Development Block Grant funds, attached hereto and made a part hereof by this reference, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement. Passed and approved this 24th day of Mny , 1994. Approved by: Zr" s ATTEST: CITY CLERK Citytt r Aney's Office �� It was moved by Novick and seconded by„ray the Resolution be adopted, and upon roll call there were: AYES: y X X x X X X jccoghsXreslmecca. hud NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 17a AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MID -EASTERN COUNCIL ON CHEMICAL ABUSE FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this �J day of �m 1994, by and between the City of Iowa City, a municipal corporation ("City"), and Mid-Eastdrn Council on Chemical Abuse ("Agen- cy"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-550); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to assist persons in need of comprehensive substance abuse prevention and treatment programs in Iowa City. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Part I PURPOSE AND SCOPE OF SERVICES: A. The Agency shall use the CDBG funds disbursed under this Agreement for admin- istrative and operational expenses of the Agency. Specifically, these funds will be used for a portion of the Executive Director's and Medical Director's salaries. B. During the term of this Agreement, the Agency shall provide services to individuals who are in need of comprehensive substance abuse prevention and treatment programs. An individualized treatment plan may require the services of traditional outpatient treatment, intensive outpatient treatment, day,treatment, halfway house, or residential services. The agency agrees to provide the following services: 1. The Treatment Program shall provide residential treatment services to 55 female and 55 male clients and provide 2000 units of individual services and 8000 units of group services. 2. Provide detoxification and crisis stabilization services to 156 persons. 3. Provide 18,000 hours of formal substance abuse prevention programming. 4. Provide a treatment alternative to prison sentence for third and subsequent drunk driving offenders through a contract with Sixth Judicial District, Department of Correctional Services. Provide aftercare programming for clients who choose to remain in the Iowa City area upon discharge from the treatment program. Details of the services to be provided are outlined in the Agency's Program Infor- mation and Goals and Objectives Statement for FY95. 170 IV V C. The Agency shall operate in compliance with all applicable federal, state and local regulations regarding its program services. TIME OF PERFORMANCE: This Agreement shall commence upon execution by the City and the Agency and shall terminate on June 30, 1995. PROPOSED PROJECT BUDGET: Amount Salaries: Executive Director $11,000.00 Medical Director 11,000.00 TOTAL PROJECT COSTS $22,000.00 COMPENSATION AND METHOD OF PAYMENT: A. The City shall pay and the Agency agrees to accept in full no more than Twenty- two Thousand Dollars and No Cents ($22,000.00) for performance under this Agreement as follows. B. Partial payments shall be made monthly. Requests for each monthly payment shall be submitted together with all time sheets and all other source documents by the fourth day following the end of each calendar month. Quarterly reports shall continue to be submitted as required by this Agreement. TERMS AND CONDITIONS: A. The Subrecipient agrees to comply with all applicable federal, state, and local laws and regulations governing the funds provided under this contract. B. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agree- ment. C. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1995. D. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Subre- cipient is an independent Subrecipient. PV 3 Part II PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, insurance policies, and other communi- cations related to or required by this Agreement to the office of the Iowa City Community Development Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. On or before the first day of the second month following the end of each calendar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low-income or moderate -income, the racial composition and age range of the Agency's client group, and the number of female -headed households which were served. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. C. Not later than July 31, 1995, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. D. Following completion of the Project, the Subrecipient shall submit an annual report by the first day of December, 1995. The annual report shall, at a minimum, include statistics pertaining to the number and place of residence of clients served at the Subrecipient's Facility. E. For projects involving $25,000 or more, an audit report which meets the specifica- tions set forth in OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations," and which discloses the expenditure of CDBG funds allocated for this Project, shall be submitted by October 31, 1995. II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or,publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. C. The Agency shall retain financial records, supporting documents, statistical re- cords, and all other records pertinent to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. 00 III. ADMINISTRATIVE REQUIREMENTS: A. Financial Management Accounting Standards The Subrecipient agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable; (and if the Subrecipient is a governmental or quasi -governmental agency, the applicable sections of 24 CFR Part 85, "Uni- form Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,"] for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping Records to be Maintained The Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including but not limited to: a. Records providing a full description of each activity undertaken; b. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assis- tance; C. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; and d. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to a signed and dated verification of income statement, or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 3. NationalObiectives The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract benefit low/moderate income persons, as defined in 24 CFR Part 570.208. I 1 IV. C. Procurement Compliance The Subrecipient shall comply with current City policy concerning the purchase of equipment and shall maintain an inventory record of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this contract. 2. OMB Standards The Subrecipient shall procure materials in accordance with the requirements of A-133, A-122, Attachment O of OMB Circular A-110, Procurement Standards and shall subsequently follow Attachment N, Property Management Standards, cover- ing utilization and disposal of property. Copies of said circulars are provided and by execution of this Agreement, the Subrecipient acknowledges their receipt. D. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments are executed in writing and signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. A. No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. B. Section 504 Compliance. The Agency confirms that no otherwise qualified individ- ual with handicaps shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. This includes, but is not limited to, programs and/or activities related to housing, employment, and the delivery of services. V. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 216 (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. SECTION 3: The Subrecipient agrees to comply with Section 3 requirements, the regulations set forth in 24 CFR 135. (2b M VII. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, of if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. In the event of such termination, the Agency may be required to repay to the City the full contract amount of $22,000.00, or that portion of the amounts which have been disbursed to the Agency prior to such termination. VIII. TERMINATION OF AGREEMENT FOR CONVENIENCE: This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and the Agency shall agree upon the termination conditions, including the effective date, the disposition of contract amounts, and in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accom- plish the purposes for which the award was made, and the award is terminated in its entirety, no further funding payments shall be made by the City to the Agency. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. C. No federal funds appropriated under this Contract shall be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency in connec- tion with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or agreement. D. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, the Subrecipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. _E. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-Subrecipients and that all sub-Subrecipients shall certify and disclose accordingly. t X. CONFLICT OF INTEREST: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the servic- es to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. XI. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XII. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XIII. WORKERS' COMPENSATION: The Subrecipient shall provide Workers' Compensation Insurance coverage for all employ- ees involved in the performance of this Contract. XIV. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any parry, for completion of or failure to complete any of the programs that are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involve- ment with the City. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this Z -Y day of 1994. CITY OF IOWA CITY, IOWA MID -EASTERN COUNCIL ON CHEMICAL ABUSE By: EIQ ✓i l - c� Mayor ATTEST: City Clerk Approved by Vilam !a !-- City Attorney's Office By: hrf &A () Executive Direct ATTEST: Board Member �'7a ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 24 day of in - 1914, before me, a Notary P lic in and for said State, personally appeared Susan M. Horowitz and SwG R. &kWk 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 hereto is the seal of said municipal corporate, and that the said Susan M. Horowitz and Susan K u1lsh acknowledged the execution said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. SMIdna! Tb -45' Notary Public in and for Johnson County, Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this IO t t` day of f C� Ll 19 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Arm r- �. S c h and SFAs:. Z17. Gr O c , to me personally known, who being by me duly sworn, did say that they are the F ,ie c. LV, dZ \",� , r c ciorand respectively, of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that Y\y4'..c U. SO,, t and SuSar S. dry e acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. RIH COLVASS,CN MY T���IFiES ��-�--t —L�-1r�r�G Notary Public in and for the State V Iowa contractsVne ccahud. agt e r7V RESOLUTION NO. 94-171 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND UNITED ACTION FOR YOUTH, AND AUTHORIZ- ING EXECUTION OF SAID AGREEMENT. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services, and who may possibly be approaching delinquency, and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston -Gonzalez National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City of Iowa City wishes to utilize part of such funds to contract with United Action for Youth to provide services for the young people of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement between the City of Iowa City and United Action for Youth for the use of Community Development Block Grant funds, attached hereto and made a part hereof by this reference, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement. Passed and approved this 24th day of May , 1994. Approved by: ATTES CITY CLERK City Attorney's Office It was moved by Novick and seconded by u„hs,g the Resolution be adopted, and upon roll call there were: AYES: iccoghsVes\uay.hud x X X X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into thiszi� day of M 1994, by and between the City of Iowa City, a municipal corporation (°City"), and United 4ction for Youth ("Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-550); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to young people in Iowa City. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART PURPOSE AND SCOPE OF SERVICES: A. 1. The Agency shall use the CDBG funds disbursed under this Agreement for administrative and operational expenses of the Agency. Specifically, these funds will be used for approximately 50% of the Executive Director's salary, 15% of the Associate Director's salary, 15% of the Business Director's salary, a porton of the expenditures for taxes and benefits for the Executive Director, Associate Director, and Business Director, and a portion of the expenditures for utilities for the Youth Center. 2. The Agency staff of approximately 20 FTEs shall provide assistance to 1600 young people and 400 parents during the year ending June 30, 1995. B. During the term of this Agreement, the Agency shall provide assistance to young people, especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Agency's Program Information and Goals and Objectives Statement for FY95. Specifically: The Agency agrees to plan and conduct a comprehensive Counseling and Prevention Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Counseling and Prevention Program shall include the following compo- nents: a. Staff and maintain a walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. M 2 C. Develop trust and rapport with young people to enable the Counsel- ing and Prevention staff to effectively perform their duties. d. Maintain records of Counseling and Prevention workers, including youth contacts, activities and referrals. e. Build and establish working relationships and communications with other agencies in the community. 2. The Agency agrees to provide appropriate Counseling and Prevention services to youth as determined by individual needs. At a minimum, such services shall include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation. C. Identification and utilization of available referral services to assist young people in meeting their needs or improving their current situation. d. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. e. • Follow-up on all Counseling and Prevention provided to young people to evaluate individual situations and determine if further assistance is needed. C. The Agency shall solicit and document ongoing feedback from clients, their families, and other agencies regarding the effectiveness of Counseling and Prevention, including information regarding client needs, their level of trust and rapport with the Agency's staff, others' perceptions of the Agency's effectiveness, and service gaps among agencies. D. The Agency shall operate in compliance with all applicable federal, state and local regulations regarding its program services. II. TIME OF PERFORMANCE: This Agreement shall commence upon execution by the City and the Agency and shall terminate on June 30, 1995. , It7 ( IV V PROPOSED PROJECT BUDGET: COMPENSATION AND METHOD OF PAYMENT: A. The City shall pay and the Agency agrees to accept in full no more than Thirty-two Thousand Dollars and No Cents ($32,000.00) for performance under this Agreement as follows. B. Partial payments shall be made monthly, with the first payment to commence July 1, 1994. Requests for each monthly payment shall be submitted together with all time sheets and all other source documents by the fourth day following the end of each calendar month. Quarterly reports shall continue to be submitted as required by this Agreement. TERMS AND CONDITIONS: A. The Subrecipient agrees to comply with all applicable federal, state, and local laws and regulations governing the funds provided under this contract. B. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agreement. C. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1995. D. In the event the Agency discontinues its services, and/or the Project/program funded under this Agreement prior to June 30, 1995, ceases, all real and personal property (tangible and intangible) secured with the CDBG funds under this Agreement shall revert to the City. If the property has been disposed of, then the City will be reimbursed in the amount of the current fair market value of the property less any portion attributable to non-CDBG funds. (Personal property includes, but is not limited to, equipment, furnishings and vehicles.) E. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, (7( Amount Salaries: Executive Director $19,000.00 Associate Director 4,500.00 Business Director 3,500.00 Benefits 4,000.00 Utilities 1.000.00 TOTAL PROJECT COSTS $32,000.00 COMPENSATION AND METHOD OF PAYMENT: A. The City shall pay and the Agency agrees to accept in full no more than Thirty-two Thousand Dollars and No Cents ($32,000.00) for performance under this Agreement as follows. B. Partial payments shall be made monthly, with the first payment to commence July 1, 1994. Requests for each monthly payment shall be submitted together with all time sheets and all other source documents by the fourth day following the end of each calendar month. Quarterly reports shall continue to be submitted as required by this Agreement. TERMS AND CONDITIONS: A. The Subrecipient agrees to comply with all applicable federal, state, and local laws and regulations governing the funds provided under this contract. B. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agreement. C. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1995. D. In the event the Agency discontinues its services, and/or the Project/program funded under this Agreement prior to June 30, 1995, ceases, all real and personal property (tangible and intangible) secured with the CDBG funds under this Agreement shall revert to the City. If the property has been disposed of, then the City will be reimbursed in the amount of the current fair market value of the property less any portion attributable to non-CDBG funds. (Personal property includes, but is not limited to, equipment, furnishings and vehicles.) E. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, (7( 4 life and/or medical insurance and Workers' Compensation Insurance as the Subrecipient is an independent Subrecipient. F. During the period of this Agreement, effective as of the start of the Project, the Subrecipient shall, at its own expense, procure and maintain all-risk property damage and liability insurance. Property damage coverage shall not be less than the current market value of the property. Liability coverage which shall include contractual insurance as well as comprehensive form insurance, and which shall provide coverages of not less than $250,000 bodily injury per person, $500,000 bodily injury per occurrence, and $100,000 property damage. Proof of insurance shall be shown to the City by furnishing a copy of the certificate of insurance issued by an insurance company licensed to do business in the State of Iowa. The certificate of insurance shall include a statement guaranteeing that the insurance bompany shall notify the Community Development Coordinator within 30 days of the lapse of said policy. The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. PART II PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, insurance policies, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. On or before the first day of the second month following the end of each calendar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low-income or moderate -income, the racial composition and age range of the Agency's client group, and the number of female -headed households which were served. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. C. Not later than July 31, 1995, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. D. Following completion of the Project, the Subrecipient shall submit an annual report by the first day of December, 1995. The annual report shall, at a minimum, include statistics pertaining to the number and place of residence of clients served at the Subrecipient's Facility. E. For projects involving $25,000 or more, an audit report which meets the specifications set forth in OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations," and which discloses the expendi- ture of CDBG funds allocated for this Project, shall be submitted by October 31, 1995. 1?( Il. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. III. ADMINISTRATIVE REQUIREMENTS: A. Financial Management Accounting Standards The Subrecipient agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable; (and if the Subrecipient is a governmental or quasi -governmental agency, the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,"] for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping Records to be Maintained The Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including but not limited to: a. Records providing a full description of each activity undertaken; b. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; /V C. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; and d. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110. 2. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to a signed and dated verification of income statement, or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 3. National Objectives The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract benefit low/moderate income persons, as defined in 24 CFR Part 570.208. C. Procurement Compliance The Subrecipient shall comply with current City policy concerning the purchase of equipment and shall maintain an inventory record of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this contract. 2. OMB Standards The Subrecipient shall procure materials in accordance with the requirements of A-133, A-122, Attachment O of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. Copies of said circulars are provided and by execution of this Agreement, the Subrecipient acknowledges their receipt. D. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments are executed in writing and signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. IV. NON-DISCRIMINATION: A. No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. 07 t V VI. LTM VIII. IX. 7 B. Section 504 Compliance. The Agency confirms that no otherwise qualified individual with handicaps shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. This includes, but is not limited to, programs and/or activities related to housing, employment, and the delivery of services. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action iri employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. SECTION 3: The Subrecipient agrees to comply with Section 3 requirements, the regulations set forth in 24 CFR 135. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. In the event of such termination, the Agency may be required to repay to the City the full contract amount of $32,000.00, or that portion of the amounts which have been disbursed to the Agency prior to such termination. TERMINATION OF AGREEMENT FOR CONVENIENCE: This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and the Agency shall agree upon the termination conditions, including the effective date, the disposition of contract amounts, ad in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, no further funding payments shall be made by the City to the Agency. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the �-J Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. C. No federal funds appropriated under this contract shall be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or agreement. D. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, the Subrecipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. E. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-Subrecipients and that all sub-Subrecipients shall certify and disclose accordingly. X. CONFLICT OF INTEREST: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. XI. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XII. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XIII. WORKERS' COMPENSATION: The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. /71 XIV. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs that are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture or any association by reason of the Agency's involvement with the City. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this day of IM 1994. CITY OF IOWA CITY, IOWA UNITED ACTION FOR YOUTH By: %'Lr r By: w J/&,--; M yob Exe iv/e Director ATTEST: W ATTEST: City Clerk Board M er Approved by m�ka._6 -e- City Attorney's ( ffi 5/14/9y ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) Ori this 2.{ day of MCL. 19 9 4- , before me, So dr 1 arA_ , a Notary Public in and for said State, personally appeared Susan M. Horowitz and $usun K. c .I to me personally known, who being by me duly sworn, did say that they are the Mayor anity lerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporate, and that the said Susan M. Horowitz and �Wusah K. (Ushacknowledged the execution said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa /V 10 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2L4M day of JUne , 19'7q , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ,i ni ZLL)cj m and CCbrd e I I 7 f3raderrncw\ to me personally known, who being by me duly sworn, did say that they are the EXec( Vf- D i fccbr and 600-'d MCrnber , respectively, of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that J i fM 'S JCt i n and Cordell J (3rGVU1nn acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. contracts\uayh ud.agt Notary Public in arfp for the State of Iowa LORI L JGHNSON $ NY OOMMISSION EXPIPES ,tine 29,1998 r'7/ RESOLUTION NO.ga_i» RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A HISTORIC RESOURCES DEVELOPMENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A PROFESSIONAL SURVEY AND EVALUATION OF HISTORIC RESOURCES IN IOWA CITY'S OLDER NEIGHBORHOODS. WHEREAS, the State Historical Society of Iowa administers the Historic Resources Development Program (HRDP) to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application for a $7,500 HRDP Grant for the purpose of conducting a professional survey and evaluation of historic resources in Iowa City's older neighborhoods; and WHEREAS, said grant will require local matching funds in the amount of $3,750 which the Historic Preservation Commission proposes to provide through volunteer work and funds allocated in the budget for historic preservation activities; and WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its historic resources in accordance with the Iowa City Historic Preservation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Historic Preservation Commission is hereby authorized to file an application for a $7,500 HRDP Grant for the purpose of conducting a professional survey and evaluation of historic resources in Iowa City's older neighborhoods, which will require $3,750 in matching local funds and in-kind services and supplies. 2. The Mayor is hereby authorized to sign said grant application. Passed and approved this 24th day of • May 1992 MAYOR Approved by ATTEST: Cl!� I .AWA CITY CLERK ' City Attorney's Offic S- 19- get It was moved by Kubby and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Baker Horowitz x x Kubby x Lehman xNovick x _ Pigott x Throgmorton ppdadminlhrdpgmt.res 7 Res 3 g - RESOLUTION NO. 94-173 RESOLUTION AUTHORIZING EXECUTION OF THE SECOND ADDENDUM TO THE PRECONSTRUCTION AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CORALVILLE FOR THE IOWA HIGHWAY 6 PAVING IMPROVEMENT PROJECT FROM ROCKY SHORE DRIVE TO FIRST AVENUE. WHEREAS, the City of Iowa City, Iowa, has negotiated and approved a preconstruction agreement with the Iowa Department of Transportation and the City of Coralville, Iowa; and WHEREAS, the City of Iowa City, Iowa has negotiated a second addendum to the preconstruction agreement with the Iowa Department of Transportation and the City of Coralville, Iowa, a copy of said agreement being attached to this resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the interest of public safety to enter into said addendum to the preconstruction agreement with the Iowa Department of Transportation and the City of Coralville, Iowa, for paving improvements of Iowa Highway 6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Addendum attached hereto is approved as to form and content and is in the public interest. 2. The Mayor and City Clerk are hereby authorized and directed to execute the addendum to the preconstruction agreement with Iowa Department of Transportation and the City of Coralville, Iowa, attached hereto. It was moved by Lehman and seconded by Nov+ck the Resolution be adopted, and upon roll call there were: AYES: X X X X X X Passed and approved this 24th NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton day of May , 1994. )-�, t' MAYOR Approved by ATTEST: (/C�ey ei yfyficreC TY CLERK pwedminl2addend.res Y Ie73 STAFF ACTION NO. 5 -el ADDENDUM TO PRECONSTRUCTION AGREEMENT 92-16-063 County Johnson City Coralville City Iowa City Project No. STP -6-7141)--2C-5? Iowa DOT Addendum No. --9,1-A-176 IT IS AGREED between the State of Iowa, Iowa Department of Transportation (herein DOT), Project Development Division, the the Cities of Coralville and Iowa City in Johnson County, Iowa, (herein CITIES) as follows: 1. The DOT and CITIES propose to ,jointly develop and construct an improvement of U.S. 6 within the CITIES extending from First Avenue easterly to Rocky Shore Drive. 2. The DOT and CITIES previously entered into the following Agreements for the above referenced project: A. .Agreement 92-16-063, for project construction, was signed by Coralville and Iowa City on November 20 & 26, 1991 respectively. The DOT signed said agreement on December 23, 1991. B. Addendum 93-A-139, for storm sewer construction, was signed by the City of Coralville on May 25, 1993. The City of Iowa City and the DOT signed said agreement on January 6 & 31, 1994 respectively. 3. Subsequent to execution of Addendum 93-A-139 the consultant engineering firm which is developing plans for the project redesigned the proposed storm sewer system which was previously agreed to (see Addendum 93-A-139). Therefore, section 8 on pages 2 & 3 of Addendum 93-A-139 (see section 2.B. above) will be completely replaced by section 4 of this addendum. 4. Longitudinal and outlet storm sewer constructed as part of this project will serve two separate drainage areas. Location of the split in drainage is at approximately mainline Station 36+50. These drainage areas will hereafter be referred to as "west drainage" and "east drainage" respectively. 173 2 The following storm sewer related items will serve the "west drainage" and will be charged 81% to the City of Coralville as participating storm sewer: Estimate of Quantities 168 L.F. 18" Storm Sewer 2000D 156 L.F. 21" Storm Sewer 2000D 524 L.F. 24" Storm Sewer 2000D 318 L.F. 30" Storm Sewer 2000D 346 L.F. 36" Storm Sewer 2000D 30 L.F. 48" Storm Sewer 2000D 56 L.F. 54" Storm Sewer 2000D 50 L.F. 54" Storm Sewer 3000D (jacked) (2) RA -1 Utility accesses (3) RA -2 Utility Accesses (1) Special Utility access (1) RA -5 Intake 69.7 C.Y. Structural Concrete 13,296 Lbs. Reinforcing Steel (1) Flap Gate 15" (1) Flap Gate 24" (1) Gate, Outlet Control, Sluice (54" x 54") Estimated Total S131,596 81% Coralville S106,593 The following storm sewer related items will serve the "west drainage" and will be charged 100% to the City of Coralville (no DOT water in system): Estimate of Quantities 299 L.F. 18" Storm Sewer 2000D 30 L.F. 24" Storm Sewer 2000D (3) RA -5 Intakes (4) RA -3 Intakes (3) RA -6 Intakes (1) RA -1 Utility Access Estimated Total $27,350 100% Coralville /73 3 The following storm sewer related items will serve the "east drainage" and will be charged 1.4% to the City of Coralville as participating storm sewer: Estimate of Quantities 236 L.F. (83' x 53') Elliptical Storm Sewer 26 L.F. 84" Storm Sewer 2000D 50 L.F. 84" Storm Sewer 3000D, (jacked) 28 L.F. 60" Storm Sewer 2000D 98.2 C.Y. Structural Concrete 21,084 Lbs. Steel, Reinforcin; 100 Tons Revetment, Class E Rip -Rap (2) Gates, Outlet Control, Sluice (60"x 60") Estimated Total $158,018 1.4% Coralville $ 2,212 The following storm sewer related items will serve the "east drainage" and will be charged 96.2% to the City of Iowa City as participating storm sewer: Estimate of Quantities 140 L.F. 36" Storm Sewer 2000D 236 L.F. 83"x 53" Elliptical Storm Sewer 26 L.F. 84" Storm Sewer 2000D 50 L.F. 84" Storm Sewer 3000D, (jacked) 28 L.F. 60" Storm Sewer 2000D 98.2 C.Y. Structural Concrete 21,084 Lbs. Steel, Reinforcing 100 Tons Revetment, Class E Rip -Rap (2) Gates, Outlet Control, Sluice (60"x 60") Estimated Total $165,858 96.2% Iowa City 5159,555 The following storm sewer related items will serve the "east drainage" and will be charged 100% to the City of Iowa City (no DOT water in the system): Estimate of Quantities 4 L.F. 36" Storm Sewer 2000D (1) RA -5 Intake. Estimated Total $2,224 100% City Storm sewer reimbursement by the CITIES will be made upon completion of construction and proper billing by the DOT. /73 9 Actual reimbursement by the City of Coralville (estimated at $136,155) and the City of Iowa City (estimated at $161,779) will be determined by the quantities in place and the accepted bid at the contract letting. 5. Nothing herein shall alter the provisions of a 28E Agreement which has been executed by and between the CITIES dated January 6, 1994. In part, this 28E Agreement Fixes Iowa City's expense for storm sewer and flood control at $106,700.00.' The City of Coralville will pay to the DOT any expense in excess of this amount on behalf of the City of Iowa City. The subject 28E Agreement will not obligate the DOT for any additional costs associated with said storm sewer and/or flood control improvements. 6. All provisions contained in previously executed Agreement 92- 16-063 and Addendum 93-A-139 (see section 2 above) which are not revised or in any way affected by this Addendum shall remain in full force and effect. 7. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval of the DOT. 8. If any section, provision, or part of this Addendum shall be found to be invalid or unconstitutional, such .judgment shall not affect the validity of the Addendum as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional. 9. This Addendum may be executed in four counterparts, each of which so executed shall be deemed to be an original. IM 5 County Johnson Project No. STP -6-7(41)--2C-52 IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 94-A-176 as of the date shown opposite its si;nature below: 1994 THE CITY OF IOWA CITY By: i� 1994 Mayor O IOWA DEPARTMENT OF TRANSPORTATION bY: G� ! Z 1994 E. Tom Cackler Interim Director Project Development Division ATTEST; L� By: 13 \5 q5 -60- RESOLUTION NO. 94-174 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE ROHRET ROAD PEDESTRIAN BRIDGES PROJECT, STP -U-3715(1)--70-52. WHEREAS, Iowa Bridge & Culvert, Inc. & Subsid. of Washington, Iowa, has submitted the lowest responsible bid of $693,272.60 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The contract for the construction of the above-named project is hereby awarded to Iowa Bridge & Culvert, Inc. & Subsid. of Washington, Iowa, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. Passed and approved this 74th day of May , 1994. MAYOR Approved by / ATTEST: CITY CLERK C' y Attorney's Office It was moved by "bb and seconded by T _ the Resolution be adopted, and upon roll call there were: pwenglpedbddg.res AYES: NAYS: ABSENT: X Baker X Horowitz x Kubby x Lehman g Novick g Pigott X Throgmorton / r7l U R� -t' i/- RESOLUTION NO. 94-175 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUC- TION OF THE PRIMARY ROADS SYSTEM PROJECT NO. NHS -6-7(41)--19-52. WHEREAS, Peterson Contractors, Inc. and L. L. Felling Co., Inc. have submitted the best bid of $2,232,676.85 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Peterson Contractors, Inc. and L. L. Pelling Co., Inc., subject to the condition that awardee secure adequate performance bond and insurance certificates, and subject to Federal Highway Administration concurrence. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates, and subjectto Federal Highway Administration concurrence. Passed and approved this ?4rh day of MAY , 1994. MAYOR v /,/ Approved y ATTEST: . (,f/ CITY CLERK O ity Attorney's Office 0/r re_ It was moved by Kubby and seconded by Pigott the Resolution be adopted, and upon roll call there were: pweng(pfimroad.ms AYES: NAYS: ABSENT: Baker x Horowitz x_ Kubby g Lehman X Novick X Pigott X Throgmorton (7s RESOLUTION NO. 94-176 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE CIVIC CENTER WEST POLICE DEPARTMENT LOWER LEVEL REMODELING PROJECT. WHEREAS, Hook Construction, Inc. of Cedar Rapids, Iowa, has submitted the lowest responsible bid of $188,849.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Hook Construction, Inc. of Cedar Rapids, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 24th day of May , 1994• P�O R // /, I /- �, ppr ved bye J ATTEST:aIIj(�!/Yl �C• GL/Q�l1�l CITY CLERK C ty Attorney's Office /y/7 It was moved by Novick and seconded by p;gnrr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz g Kubby X Lehman Novick Pigott x Throgmorton pweng\poGce.res i 7G X11' �� '�,e- RESOLUTION NO. q4_177 RESOLUTION ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING INSPECTION SERVICES DIVISION: WHEREAS, the City of Iowa City Housing Code provides for inspection and licensing of all multiple dwellings, fraternity/sorority houses, rooming houses, duplexes, and single-family rental dwellings; and WHEREAS, the payment of the aforementioned fees is necessary to offset the administrative costs of such activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The fee schedules for the services and activities of the Iowa City Housing Inspection Services Department shall be adopted and effective June 1, 1994. 2. Fees for rental permits and reinspections as part of the Iowa City Housing Code be adopted as follows: $56.00 per structure $ 8.00 per dwelling unit $ 2.00 per bedroom $40.00 reinspection fee $30.00 "No Show for Inspection" Fee 3. Single family rental property to be inspected every three years. Passed and approved this 24th day of May , 1994. AYOR !J Appr ved by ATTEST: /� C�iCt�QGC CITY CLERK ity Attorn y s Office ��fV It was moved by Kubby and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton hisdaWhisfees.res Ir7q 4�-_ 4L�_ RESOLUTION NO. 94-178 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ASSISTED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPART- MENT AND THE AFSCME PAY PLAN. WHEREAS, Resolution No. 93-54, adopted by the City Council on March 2, 1993, authorized permanent positions in the Assisted Housing Division for FY94; and WHEREAS, Resolution No. 94-70, adopted by the City Council on March 8, 1994, authorized permanent positions in the Assisted Housing Division for FY95; and WHEREAS, Resolution No. 93-166, adopted by the City Council on June 22, 1993, established a classification/compensation plan for AFSCME employees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Assisted Housing Division be amended by: 1. The deletion of one full-time Maintenance Worker I - Leased Housing, AFSCME grade 1; and 2. The addition of one full-time Maintenance Worker I - Leased Housing, AFSCME grade 5. Passed and approved this 24th day of May 1994. ATTEST: 4U CITY CLERK MAYOR App ved by ity Attorne s Office It was moved by Kubby and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: hrdata\penonnRasstdhsg.res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 179 Res bk RESOLUTION NO. 94-179 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1994, THROUGH JUNE 30, 1997. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1994, through June 30, 1997, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 24th day of May , 1994• OA OR Aegal 4asto om ATTEST: . GCITY CLERK �Gi'��c It was moved by Throgmorton and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R Baker g Horowitz g Kubby X Lehman x Novick x Pigott x Thirogmorton union+\pelice.res lr7'T CONTRACT BETWEEN CITY OF IOWA CITY THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 1994 TO JUNE 30, 1997 !?9 TABLE OF CONTENTS ARTICLE PAGE Preamble.................................................... 1 Article I -- Recognition .......................................... 2 Article II -- Management Rights .................................... 2 Article III — Check Off ........................................... 2 Article IV -- Union Business Agents ................................. 3 Article V -- Union Meetings ....................................... 3 Article VI -- Bulletin Boards ....................................... 3 Article VII -- Seniority ........................................... 4 Article VIII -- Daily and Weekly Hours of Work .......................... 4 Article IX -- Overtime -Standby ..................................... 6 Article X -- Holidays ............................................ 7 Article XI -- Vacations .......................................... 8 Article XII -- Sick Leave ......................................... 8 Article XIII -- Special Leaves ...................................... 10 Article XIV — Lay -Offs .......................................... 12 Article XV -- Training ........................................... 13 Article XVI -- Personnel Transactions ................................ 13 Article XVII — Watch Transfers .................................... 14 Article XVIII -- Insurance ......................................... 14 Article XIX -- Equipment ......................................... 15 Article XX -- Weapons and Equipment ............................... 15 Article XXI - Adequate Facilities ................................... 16 Article XXII -- Uniforms .......................................... 16 Article XXIII -- Duty Outside the City ................................ 17 Article XXIV -- Supplemental Employment ...1 ......................... 17 Article XXV -- Position Classification ................................ 17 Article XXVI -- Grievance Procedure ................................. 17 Article XXVII -- Effective Period .................................... 20 Article XXVIII -- Compensation .................................... 21 Article XXIX -- Public Emergency ................................... 22 Article XXX -- General Conditions .................................. 22 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. That parties specifically agree to the following Articles: (?R 2 ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bargaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Lieutenants, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half-time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representa- tives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE U MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. C. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. ARTICLE III CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employees who individually authorize I q1 3 in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for checkoff upon ten (10) days written notice to the City and the Union. Section 4. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLEIV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. ri Section 2. Without the express_ permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ART/CLE V// SEN/OR/TY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. C. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there it a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. ART/CLE V/// DAILY AND WEEKLY HOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous shift shall usually consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. The work week may be changed to meet changing departmental needs, with the agreement of the affected employee. I7q b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter (2) Six (6) consecutive eight (8) hour days followed by three (3) consecu- tiJe days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecu- tive days off; and thereafter (4) A repetition of the above schedule. (5) The daily schedule outlined above may be amended by increasing the number of hours per day and/or reducing the number of work days per week upon agreement of the union and the police chief. C. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1, subsection b. For example: (1)For an officer assigned to the 7 a.m. to 3 p.m. watch, days off shall commence at 3:00 p.m. on the last regularly scheduled working day and end at 7:00 a.m. on the next regularly scheduled working day. (2)For the 3 p.m. to 11 p.m. watch, days off commence at 11 p.m. on the last regularly scheduled working day and end at 3 p.m. on the next scheduled working day. (3)For the 11 p.m. to 7 a.m. watch, days off commence at 7 a.m. on the last regularly scheduled working day and end at 11 p.m. on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen 0 5) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (1 5) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his/her supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his/her supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he/she is required to work on a day off. /iq M Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across-the-board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. ARTICLE M OVERTIME- STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of an assigned duty day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the watch commander. is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1'/2) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Equalization. a. To the greatest extent possible, overtime shall be assigned to officers equally considering seniority, the type of work required, the ability of the individual officer, his/her availability, and hit/her desire to perform the overtime service. b. The City shall maintain and post (at least monthly) in a prominent place in the Police quarters, a list of classifications showing overtime hours worked by each officer, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on July 1 of each year (see Section 7 below). C. The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and, beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half (%) hour immediately following his/her normal work day, or b. One additional one-half M) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. M9 7 Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. This provision shall not be applicable to detectives on normal week or weekend call. However, beginning July 1, 1991, detectives shall receive an additional $.60 per hour for each Saturday or Sunday during which they are on call. (Maximum of 48 hours per weekend.) Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed fifty (50) hours in any one fiscal year and any excess in accumulation over fifty (50) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. Section 8. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a'private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compensated at the appropriate overtime rate. ART/CLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous watch the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 17 and January 6 subject to the approval of his/her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous watch shall receive ninety-six (96) hours of holiday credit on July 1 annually. Any continuous watch officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. [79 8 e.g., Officer A receives credit for ninety-six (96) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He/she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives ninety-six (96) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full watch on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full watch on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The watch starting time controls holiday designation. For non -continuous watch officers, a holiday which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLEXI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service Days Earned Per Month 0-5 years 1 5-10 years 1 A 10-15 years 1'/: 15-20 years 1-3/4 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. ARTICLE XII SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours 080 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. /77 N Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half ('/2) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he/she had terminated on June 28, 1985. Officers hired on or after JuAe 29, 1985, are not eligible for payment under the provisions of this paragraph. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day of accumulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every aftempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his/her supervisor or a supervisor on duty on the watch immediately preceding his/hers, as soon as reasonably possible, of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the watch supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. /7( 10 ART/CLE X/// SPEC/AL LEAVES Section 1. On -the -Job Iniury. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Temporary Disability Review Board (the Board) and b. The medical advisor of the Board determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the watch when the injury occurs and for a period of two (2) days thereafter if authorized by the Board. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the Board after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on-the-job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compensability by the Board. However, in the event that the injury or illness in question is subsequently determined to be non -compensable by the Board, the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his/her spouse, children, mother, father, grandparents, stepparents, sister, or brother. An officer will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparents -in-law, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. In such cases, he/she may be granted up to two (2) additional days for travel, if necessary, as determined by his/her supervisor. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. 177 11 In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. C. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her watch shall return to work. 12 Time spent on jury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re -instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. ARTICLEXIV LAY-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. f?17 13 ARTICLEXV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while. on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his/her hourly base pay. However, the police chief may assign an alternate day off in lieu of overtime pay for training with the consent of the affected officer. This section shall not be applicable to officers on a probationary basis. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non -required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLEXVI PERSONNEL TRANSACTIONS -RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. r17 14 Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. ART/CLE XVII WATCH TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different watch, he/she shall make application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the watch, and the need for personnel having certain qualifications on said watch. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade watches provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to providp to each affected officer written reasons for and reasonable notice of involuntary watch transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ART/CLE XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who elect to obtain family coverage will pay four percent (4%) per month of the monthly premium (prorated for part-time employees) toward the cost of such coverage. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. �7� 15 Section 3. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his/her annual salary. Any fraction of $1,000 in annual salary shall be rounded off to the next higher thousand. ART/CLEXIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him/her in said vehicle to the watch commander. Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speak- er/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. (1? 16 Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The'Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish a bullet-proof vest for each officer and will replace them as necessary. ART/CLE XX/ ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. ART/CLE XX// UN/FORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Each plain clothes person will receive an allowance of six hundred dollars ($600) upon assignment and of two hundred ($200.00) dollars at the beginning of every four (4) month period in the second and each succeeding year for clothing. Upon submission of receipts by an officer, the City shall pay for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment up to a total annual allowance of one hundred and fifty dollars ($150.00) per officer. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. X17 17 b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ART/CLE XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XX/V SUPPLEMENTAL EMPLOYMENT Section 1. Officers -shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. 'Section 2. In the event that any officer is designated in a higher job classification on a temporary basis for more than one complete duty day, said officer shall receive his/her own pay plus an additional sixty cents ($.60) per hour during such temporary assignment. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the M 18 interpretation, application, or violation of any of the terms and provisions of this Agreement. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall give written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten 00) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. Permission to process grievances will not be unreasonably denied. C. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a response to a grievance is not received within the time limitation hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. Steps of the grievance procedure may be waived by mutual consent of the parties. . h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. 179 19 Section 2. Procedure. A grievance that may arise shall be processed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. C. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory grievance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representatives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiving the Chief's Step 2 response. The City Manager will accept or reject the committee's written recommendation within five (5) days after it is received. d. Steo 4. A grievance not adjusted at Step 3 may be submitted by the grievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. e. Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration 20 against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the grievant within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the grievant shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommenda- tion will be contrary to the terms of this agreement. The City will release from duty not more than two (2) offic6rs for not more than two (2) hours for time spent in conference. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. ART/CLE XX V11 EFFECT/VE PER/OD Section 1. This Agreement shall be effective July 1, 1994, and shall continue through June 30, 1997. Thereafter, this Agreement shall continue from year to year unless written notice to. change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. �7� 21 ART/CLE XXV/// COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by three percent (3%) at the beginning of the first fiscal year covered by this agreement; by three and one-quarter percent (3'/4 %) at the beginning of the second fiscal year covered by this agreement; by two percent (2%) at the beginning of the third fiscal year covered by this agreement; and by two percent (2%) at the beginning of the fourteenth pay period of the third fiscal year covered by this agreement (December 28, 1996), based on each officer's salary as of the day prior to the effective date. (A copy of the Police Pay Plan is attached as "Attachment A" to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty-six months from date of appointment. Step 5. Fifty-four months from date of appointment. Section 3. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last pay check in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years 10 years 15 years 20 years $ 300.00 $450.00 $ 600.00 $750.00 This payment will be pro -rated on the basis of monthly segments for members who terminate before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same pro -ration. Section 4. Watch Differential. Officers working the 3 to 11 watch on a regular basis will receive fifteen (15) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 watch on a regular basis will receive thirty (30) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. l7f 22 Officers working overtime will continue to receive watch differential at the same rate as their normal duty hours. ART/CLE XX/X PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ART/CLE XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, religion, sex, age or ethnic background. Section 4. Waiver. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. -Anticipated Changes. The City shall give the Union as much advance notice as possible of any major change of working conditions. Section 6. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre -Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co -payments to the extent allowed by Federal and State law. CITY OF IOWA CITY s' _. t. MAYOR Ly././ Date: (i`g� zj tqc?4 POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY BY: PRESIDENT BY: Data: I' 1 _ q 4APPM 1 City Attar ey w 1171 v �n CA 123\POLICEMB1 ATTACHMENT A 40-01 POLICE OFFICER PAYPLAN STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 $1,020.00 12 mo. 18 mo. 36 mo. 54 mo. FY95 (July 2, 1994) $12.11 $12.42 $14.90 $16.32 $17.56 $968.80 $993.60 $1,192.00 '$1,305.60 $1,404.80 $25,188.80 $25,833.60 $30,992.00 $33,945.60 $36,524.80 FY96 (July 1, 1995) FY97 (June 29, 1996) $12.50 $12.82 $15.38 $16.85 $18.13 $1,000.00 $1,025.60 $1,230.40 $1,348.00 $1,450.40 $26,000.00 $26,665.60 $31,990.40 $35,048.00 $37,710.40 $12.75 $13.08 $15.69 $17.19 $18.49 $1,020.00 $1,046.40 $1,255.20 $1,375.20 $1,479.20 $26,520.00 $27,206.40 $32,635.20 $35,755.20 $38,459.20 (December 28, 1996) $13.01 $13.34 $16.00 $17.53 $18.86 $1,040.80 $1,067.20 $1,280.00 $1,402.40 $1,508.80 $27,060.80 $27,747.20 $33,280.00 $36,462.40 $39,228.80 SIDE LETTER OF .AGREEMENT BETWEEN CITY OF IOWA CITY AND POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO-IC MARCH 27, 1984 The parties agree that it is their intent that the following additions to the health insurance coverage provisions take effect from April 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed an an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield_ if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). Overcharge Incentive Employees will receive 25: of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is $500 (pre -withholding). Documentation of the em- ployee -initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. Y K OWA CITY !A By ¢ By: CITY MANAGER Date: ;44c.'� Date: POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 April 18, 1985 Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500" Two Day Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are the insurance plans which were agreed to by the City and PLRO-IC for our FY86-87 Collective Bargaining Agreement, and referred to in Article XVIII, Section 1 and Section 2 of that agreement. It is understood and agreed that benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. bj3/9 O 4 Michael E. Goldber President, PLRO-IC 117 IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family idea behind IOWA , of course, can rates --in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient . Semi -private room and board . Necessary services and supplies . Operating rooms, intensive care, coronary and burn care units . Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor . Necessary laboratory and x-ray services nuino medical p Keep neaitn care PHYSICIAN SERVICES 90/10 Home and office vists One routine annual physical exam Pre -natal and post -natal care in physician's office Immunizations Hospital visits and nursing facility visits Outpatient NERVOUS AND MENTAL 90/10 . Surgery Outpatient - 90/10 to $10,000 . Diagnositc x-ray and laboratory Lifetime Maximum. services . Accident care SKILLED NURSING FACILITY 90/10 Unlimited Room and Board HOME HEALTH CARE 90/10 Services and supplies • Services provided by a Registered Nurse . Services prescribed by a physician r'77 THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These -other. services are subject to a $100 contract deductible per calendar year . Prescriptions Nursing Services , Anesthetics Private -duty nursing services . Blood plasma . Casts Ambulance . Crutches . Air . Durable medical equipment . Ground . -Other supplies when ordered by a physician DEDUCTIBLES AND COPAYMENT Hospital - The Subscriber is responsible for the first two days of semi- private room and board. Per Hospital Admission. Physician - The subscriber pays 105 of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 905. Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 1005 of all remaining charges. If the subscriber's expenditures for hospital, physician, and/or other services do not reach $500, the subscriber pays 105 of all remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mental, conditions is paid 90/10 co -payment until the $10,000 Lifetime Maximum is met. Co -payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. .. 4F.- I Phpiaao I 0aw service Service Covered services 1 or 2 day 90"(We 3100 deducible de&xftW 9mo% Ua $50o per oordra ' 11twnm /7q Summary of Benefit DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and effective dental maintenance. More than 80% of the dentists in Iowa participate In the Delta Dental program. Delta Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a 'medical necessity' provision which ensures coverage for dental services provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims -handling chores for you and your employees — and saves valuable time and money. To provide a program to meet your company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs: Preventive Maintenance benefit includes: • Routine checkups at six-month intervals including bitewing x-rays at 12 -month intervals. • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x-rays once in any three year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and post-operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. K"112d 2w 2M Delta Dental Plan of kw a /7 1 Deka Dental Plan of Iowa RATE QUOTATION PLAN II Program Benefits Deductible Copayment SIngINFamlly © Preventive Maintenance (Annual) S % ®Routine Restorative $ 25/75 50 oda © Major Restorative $ 50 % ❑ Dental Prosthetics $ a/o ❑ Periodontics $ % ❑ Orthodontics $ % ❑ Dependents to age ❑ Full-time students ❑ Adults Program Maximums Single $ 500 per year Family $ 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single s per month Family $ — _ per month These rates guaranteed for 12 months beginning on 7-1-85 (date) if purchased by 7-1-85 Natal 'Rates Quoted here are based upon census information provided and acquiring and maintaining a minl m`um enrollment of WIN, of total eligible employees for the duration of the contract. Ruthoriied Repres n tive nate This is a general des4iption of coverage. h is not a statement of contract. Actual coverage is subieh to the terms and conditions specified in the contract itself and enrollment regulations in force when the contract becomes effective. Y-0111 Lea 3Y Delta Dental Plan of Iowa /75 u u�i:�• u • i u tl WHEREAS, the City of Iowa City and the Police Labor Relations Organization of Iowa City have had a dispute concerning the proper Interpretation of certain provisions of their collective bargaining agreement, spec flcaliy Article XVII, Section 3; and WHEREAS, the parties desire to resolve their dispute by mutual agreement and without the necessity of arbitration; IT IS THEREFORE AGREED as follows: The phrase 'due regard for senlorW In Article XVII, Section 3, shall be Interpreted to have the same meaning as In Article XVII, Section 1, that is, the decision to make Involuntary transfers shall be based on seniority provided, however, the Chief may make a transfer decision based on one or more o1 the following criteria: a The ability and experience of the officer(s), b. The nature and type of work to be performed on the watch, C. The need for personnel having certain quallflcatlons on said watch. when necessitated by departmental needs as determined by the Chief. AUG E 31991 Date -, , �e Kevin O. Preategard President, Police Labor Relations Organization of Iowa City AUG E 31991 Date SETTLEMENT AGREEMENT WHEREAS, a dispute has arisen concerning the proper interpretation of certain provisions of the Collective Bargaining Agreement between the City of Iowa City and the Police Labor Relations Organization, and WHEREAS, the parties wish to resolve the dispute amicably and without the expense of formal arbitration procedures, The parties hereby enter into the following settlement agreement: 1. An officer who is assigned to the day watch and who is required to appear in court on a day scheduled as a whole day of paid leave (vacation, holiday or comp time) shall be compensated according to the provisions of Article IX, Section 8 of the CBA if actual time worked is two hours or less. If actual time worked exceeds two hours, he/she shall be compensated at the straight time rate for actual time worked, and the officer's leave usage for that day will be reduced by the actual time worked. 2. This agreement shall apply to the grievance filed by Joel Myers and shall be similarly adjusted for Ralph Cox and shall otherwise apply prospectively only to situations arising after the date of this agreement. 3. The pending grievance of Myers is withdrawn. Dated this —LL— day of c 1993. City of Iowa City, Iowa Police Labor Relations Organization By: 1:2(� mar%as@t\court.egt By: /` — 41rs -e�)/Z- RESOLUTION NO. 94-180 RESOLUTION OF INTENT TO CONVEY A VACATED PORTION OF THE LINN STREET RIGHT-OF-WAY LOCATED WEST OF GILBERT STREET AND NORTH OF BENTON STREET TO MERLIN HAMM AND SETTING A PUBLIC HEARING FOR JUNE 7, 1994. WHEREAS, the City Council is currently considering an ordinance vacating a portion of the Linn Street right-of-way located west of Gilbert Street and north of Benton Street; and WHEREAS, Merlin Hamm owns the property adjacent to the right-of-way; and WHEREAS, Mr. Hamm has offered to purchase the right-of-way for $2,500, the appraised value of the property; and WHEREAS, the City does not need the portion of the right-of-way to provide access to property in the area; and WHEREAS, the City will retain enough right-of-way to accommodate an eight foot sidewalk along Gilbert Street and will retain a utility easernent over the right-of-way. - NOW, THEREFORE, BE IT HEREBY RESOLVED E'J 7+1E CITY COUNCIL OF IOWA CITY, IOWA, that the City Council does hereby decia;e its intent to convey its interest in the following described property to Merlin Hamm, subject to the City reserving and retaining a utility easement over the parcel in a location to be determined by the Public Works Department: Commencing at the southeast corner of Lot 4, Block 28 of County Seat Addition as recorded in Deed Book 1 & 2, Page 301, Johnson County Recorder's Office; thence N 89053'17" E, 35.00 feet; thence N 00116'55" W, 12.70 feet parallel to the east line of said Block 28 to the Point of Beginning; thence N 000 16'55" W - 147.36 feet parallel to the east line of said Block 28; thence N 89151'13" E, 41.43 feet along the easterly extension of the north line of lot -3 of said Block 28 to a point that lies 45.00 feet westerly from the centerline of Gilbert Street; thence S 15125'50" W, 152.98 feet along said line lying 45.00 feet from the centerline of Gilbert Street to the Point of Beginning Said tract contains 3,052 square feet or 0.070 acres more or less. BE IT FURTHER RESOLVED THAT a public hearing on said proposal be set for June 7, 1994, at 7:30 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 24th day of May , 1991. fdIAYOR J. Approved by ATTEST/y. Gt/ � J ITY CLrli.i City Attorney's Off ic marsha6\hamm.,es I Fa Resolution No. 94-180 Page 2 It was moved by Novick and seconded by' Baker the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x_ Baker g Horowitz g Kubby . Lehman Novick x_ Pigott x_ Throgmorton 7Z) �a_ P/C5 �� RESOLUTION NO. q4_1 R1 RESOLUTION AUTHORIZING THE PARTICIPATION OF THE CITY OF IOWA CITY IN THE DISPLACED WORKER FLOOD REPAIR PROGRAM. WHEREAS, commencing with the flood of 1993, the City of Iowa City ("City") was severely impacted by flooding, and as a result of such flooding, homes throughout the city sustained damages of varying proportions, ranging from total inundation to flooding of basements and personal property; and WHEREAS, many Iowa City citizens do not have sufficient financial or person power resources to fully recover from flood damages without some form of outside assistance; and WHEREAS, although volunteer organizations in the City such as United Way, Salvation Army, the Red Cross, and church and fraternal organizations have provided substantial assistance to many residents of the City, additional assistance is needed to complete the cleanup of private property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City Manager is authorized to direct employees to work on private property to assist flood recovery as needed; and BE IT FURTHER RESOLVED that the City Manager is authorized to use the Emergency Public Jobs program labor force to assist flood recovery on private property, as provided by law. Passed and approved this 24th day of MAYOR ATTEST: ,&, x.. WCi-e CITY CLERK 1994. Approved by z Ci y Attorney's Office/y� It was moved byKi,hhv and seconded by _p; g ,. the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker — Horowitz Kubby x Lehman g Novick g Pigott g Throgmorton mgrVlood.res 1 �( 0" RESOLUTION NO. 94-182 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Fraternal Order of Eagles — 225 Hwy 1 S.W. It was moved by Novick and seconded by Throgmorton that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Nubby Lehman Novick x Pigott x Throgmorton Passed and approved this 7�,, day of Tame , 1994—. ATTEST: 2?� CITY CLERK Wanceprm.res MAYOR Appc,ived by rTz r v kll�l.R�-k RESOLUTION NO. 94-183 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE OF LIENS FOR PROPERTY LOCATED AT 1310 YEWELL STREET, IOWA CITY, IOWA. WHEREAS, on October 28, 1988, the property owner of 1310 Yewell Street executed a Promissory Note in the amount of $1,800 in exchange for a no interest loan; and WHEREAS, on November 9, 1989, the owner executed a second Promissory Note in the amount of $1,200 in exchange for a no interest loan; and WHEREAS, on February 12, 1991, the owner executed a third Promissory Note in the amount of $2,280 in exchange for a no interest loan; and WHEREAS, said Notes created liens against the subject property totalling $5,280; and WHEREAS, the balance due under all loan instruments was paid in full on May 20, 1994. 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 for recordation, whereby the City does release the property located at 1310 Yewell Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the principal amounts of $1,800, $1,200, and $2,280, which obligations were recorded in Book 1034, Page 153; Book 1093, Page 519; and Book 1206, Page 151, respectively, of the Johnson County Recorder's Office. Passed and approved this 7rh day of 1994" vo r MAYOR Approved by ATTEST: CITY CLERK City Attorney's Off.: It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: ppdrehab11310yeW.res AYES: NAYS: ABSENT: Baker Horowitz _X— Kubby x Lehman X Novick X Pigott X Throgmorton RELEASE OF LIENS The City of Iowa City does hereby release the property located at 1310 Yewell Street, Iowa City, Iowa, legally described as follows: Lot Seventy (70) in Kirkwood Place, an addition to Iowa City, Iowa, according to the recorded plat thereof, subject to easements and/or rights-of-way of Record. from the following obligations: An obligation of the property owner to the City of Iowa City, Iowa, in the principal amount of $1,800 represented by a Promissory Note recorded on October 28, 1988, in Book 1034, Page 153 of the Johnson County Recorder's Office. 2. An obligation of the property owner to the City of Iowa City, Iowa, in the principal amount of $1,200 represented by a Promissory Note recorded on November 9, 1989, in Book 1093, Page 519 of the Johnson County Recorder's Office. 3. An obligation of the property owner to the City of Iowa City, Iowa, in the principal amount of $2,280 represented by a Promissory Note recorded on February 12, 1991, in Book 1206, Page 151 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released, in full, from any liens or clouds upon the title to the property described above by reason of said prior recorded documents. THE CITY OF IOWA CITY By:, .e aed .Susan M. Horowitz, Mayor Attest:2w,2 M� • zlR� Marian K. Karr, City Clerk IP STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of 13�„a 19 9* , before me, So"Arc.e r}- , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. ?+- 183 passed by the City Council on the 7 day of',1,,ey-- , 19 9,4- , and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa ppdrehab11310yeM.rel M RESOLUTION NO. 94-184 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR PARK WEST SUBDIVISION, PARTS THREE AND FOUR, AND DECLARING PUBLIC IMPROVEMENTS OPEN -FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Park West Subdivi- sion, Parts Three and Four, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Park West Subdivision, Parts Three and Four, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: , AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton Passed and approved this 7th day of ,Tune , 1994. ATTEST: CIT LERK pweng\parkwst2.res MAYOR Annrnxtp C ty Attorney's Office���y� I7 9\) R�s RESOLUTION NO. 94— 185 RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE, PART FIVE, IOWA CITY, IOWA. WHEREAS, the owner, Windsor Ridge Development Company, filed with the City Clerk the final plat of Windsor Ridge, Part Five, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa: Beginning at the Northeast Corner of the Southeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00123'35"E, along the East Line of Said Southeast Quarter 20.36 feet, to the Northeasterly Corner of Windsor Ridge, Part Four, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 89 of the Records of the Johnson County Recorder's Office; Thence S89°42'04"W, along the Northerly Line of Said Windsor Ridge, Part Four, 177.06 feet; Thence N74146'28"W, along said North Line, 382.85 feet, to the Northwesterly Corner of said Windsor Ridge, Part Four, and a Point on the Easterly Line of Windsor Ridge,. Part Two, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 87, of the Records of the Johnson County Recorder's Office; Thence N20101'07"W, along said Easterly Line, 235.58 feet; thence N00117'42"E, along said Easterly Line, 254.09 feet; Thence N78053'41 "E, 230.10 feet; Thence Northwesterly, 92.10 feet, along a 1285.00 foot radius curve, concave Southwesterly, whose 92.08 foot chord bears N13109'30"W; Thence N74°47'18"E, 430.32 feet, to a Point on the East Line of the Northeast Quarter of said Section 18; Thence S00°23'59"E, along said East Line, 801.59, to the Point of Beginning. Said Tract of Land contains 9.31 Acres more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 18so Resolution No. 94-185 Page 2 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 7th day of 1994. MAYOR Approved by ATTEST:�— CIT? CLERK City Attorney's Offi It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott Throgmorton ppdadminXvindsor5. res Iq!s; `D' lkw L%,. RESOLUTION NO. g4_1Rf, RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 1, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE 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% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic,Center, until 10:30 a.m. on the 28th day of June, 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 5th day of July, 1994, or at such later time and place as may then be fixed. Passed and approved this Tth day of 1994. arc AYOR _ Approved b ATTESTqui CI CLERK r---\ ity Attorney's Office/y pweng\rohnrd1.res I 8G Resolution No. 94-186 Page 2 It was moved by Nnlii rk and seconded by T, r=ton the Resolution be Ogm'adopted, and upon roll- call there were: AYES: NAYS: ABSENT: Baker x Horowitz x_ Kubby x Lehman g Novick X Pigott x Throgmorton RESOLUTION NO. 94 187 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MAIDEN LANE PEDESTRIAN BRIDGE CONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE 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. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 28th day of June, 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 5th day of July, 1994, or at such later time and place as may then be fixed. Passed and approved this 7th day of June , 1994• SCJ ,4_4CL-sf Ixr r 1GIAYOR c App a by ATTEST: //low.,.�� 9f • �I"a-�+� lfi�.� CITY CLERK lCity Attorney's Office pweng\maidlnpb.res I S'7 Resolution No. p,. 18; Page _9 It was moved by Novick and seconded by Kubbv the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick Pigott x Throgmorton M Res 3<< RESOLUTION NO. 94-188 RESOLUTION APPROVING AMENDMENT TO AGREEMENT NO. 92-F-9 RELATIVE TO THE REPLACEMENT OF THE MELROSE AVENUE BRIDGE WHICH SPANS THE IOWA INTERSTATE RAILROAD NEAR KINNICK STADIUM. WHEREAS, the City of Iowa City approved Agreement No. 92-F-9 on March 17, 1992, relative to the Melrose Avenue Bridge Replacement Project; and WHEREAS, the Iowa Department of Transportation approved Agreement No. 92-F-9 on April 13, 1992; and WHEREAS, Agreement No. 92-F-9 used the old project number BRM -4066(1)--8N-52 which was changed on October 29, 1992, to BRM -3715(1)--8N-52; and WHEREAS, the Iowa Department of Transportation has presented to the City of Iowa City an amendment to said agreement; and WHEREAS, the City Council deems it is in the public interest to approve the amendment to Agreement No. 92-F-9, which allows for a two (2) year time extension for location/design study report approval for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Amendment to Agreement No. 92-F-9 attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment. Passed and approved this 7th day of June 1994. MAYOR Apppved b� �/ Ll ATTEST:�p�.ca�ri 9f'• 9� ��`"��''�""� CI � t CLERK �y Attorney's Office Cl/3/ �r pweng\melrose.ms Resolution No. 94-188 Page Z It was moved by Novick and seconded by 2ieott the Resolution be adopted, and upon roll, call there were: AYES: NAYS: ABSENT: x Baker X Horowitz x Kubby Lehman v Novick x Pigott R Throgmorton IOWA DEPARTMENT OF TRANSPORTATION AMENDMENT TO AGREEMENT FOR FEDERAL -AID HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION City: Iowa City County: Johnson Project No.: BRM -3715(2)--8N-52 Iowa Department of Transportation Agreement Amendment Number:92-F-9A(2) WHEREAS, the City of Iowa City (CITY) and the Iowa Department of Transportation, Highway Division (STATE) did enter into an agreement for the implementation of a - Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRR) project, and WHEREAS, the agreement, 92-F-9, dated April 13, 1992 stipulates Federal Highway Administration (FHWA) location/design approval of the bridge replacement project must be obtained within two (2) years of the agreement date or the agreement shall be null and void, and WHEREAS, the CITY has requested a two (2) year time extension. NOW, THEREFORE, BE IT AGREED: 1. The time period to obtain FHWA location/design approval is extended for two(2) years, to April 13, 1996. 2. All other provisions of Agreement Number 92-F-9 and 92 -F -9A shall remain in effect. 3. The project number is revised to BRM -3715(2)--8N-52. All project documentation developed under the old project numbers BRM -4066(1)--8N-52 and BRM -3715(1)--8N-52 is applicable to the revised project number. I BRM -3715(2)--8N-52 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Amendment Number 92 -F -9A(2) as of the date shown opposite its signature below. City of•Iowa City By June 7 19 94 Ti le I, Marian K- Karr certify that I am the Clerk of the CITY, and that, Ti_ FTnrnwir7 , who signed said Agreement Amendment for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 7th day of r„n c 19 94 IOWA DEPARTMENT OF TRANSPORTATION Project Development Fse, Sys ems Eng' eer e of Local Systems Signed City ClerK ot Iowa City owa Date June 7 , 1994 .ISP /( 19 Approved By City Attorn y's Office '�fx R� 8(e- L(--7;( e- U--7;( Jul 16 19R4 RESOLUTION NO. 94-189 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE RELATIVE TO THE EMERGENCY WATERSHED PROTECTION PROGRAM FOR CERTAIN REPAIRS ADJACENT TO THE IOWA RIVER CAUSED BY THE FLOOD OF 1993. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the United States Department of Agriculture Soil Conservation Service, a copy of said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the United States Department of Agriculture Soil Conservation Service relative to the Emergency Watershed Protection Program for certain repairs adjacent to the Iowa River caused by the flood of 1993. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: ' The Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Agreement. Passed and approved this 7th day of June 1994. L _, G (� MAYOR Approved by ATTEST: C,..��'.' CITY�CLERK City Attorney's Office 6j j y/0 It was moved by Kubby and. seconded by Pigott the Resolution be/ adopted, and upon roll call there were: AYES: NAYS: ABSENT: �n CD r a X Baker = C= y. X Horowitz C') —R— Kubby ic-; X Lehman 7< X Novick oz :: X Pigott �^ p Throgmorfon wo X pmg\wamhed.m (A tl1 � 1^" Z00'39d 6bbS SSE SIE................r.viiinnmurunirilnnr YI1jai 11t111zT �IIIWIW. Hili -i '11F U11 Y11gpl1ICI2IVDiWID JUN,l8 '94 11:21 FROM SCS EWP IND'OLA IOWA PAGE.002 Grant Number 68-6114- - %3/ (completed by SCS EOC) State: Iowa County: oson UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE l08ERGENCr WATERSHED PROTECTION PROGRAM r C:) IN -FUND CONTRIBUTION, GRANT, C-) AND OPERATION AND MAINTENANCE AGREEMENT , THIS AGREEMENT, made this 21 s4 day of J ta[ 199 E�y-and.,, between, the Cit o alled the Spo wpbs cor Cooperators, an t e Soil Conservat on Service, United StatcA rte, Department of Agriculture, called SCS, w WITNESSETH THAT: WHEREAS, under the provisions of the Title IV of the Agricultural Credit Act of 1978, Public law 95-334, the Sponsors and SCS agree to a plan which provides for restoration of certain works referenced in Section A. NOW THEREFORE, in consideration of the premises and of the several promisee to be faithfully performed by the parties hereto as net forth, the Sponsors and SCS do hereby agree as follows: A. IT IS AGREED that the following described work is to be constructed at a total estimated cost of $ h -.Ve;a ":,,-r 2-011fv3�,o� DSR Number Estimated Cost Ty-00op £ Reair 364-49 $;; "1A,-09- BOME-6lrti-i�ise!iert D� 364-42 $53,454.00 Emergency Spillway Repair 364-48 $ 1,260.00 Sediment Removal 364-50 $121,000.00 Bank Stabilization 364-51 $ 5,420.00 Batik Stabilization 964-69 $4g'699.99 bank G�bi! timet DG 364-76 $26,500.00 Sediment Removal, Bank Stabilization F, Structural Repairs I r f A va"i ant♦ S -J-94 Nod JHG �)[lod ail) ME road K [[ [t 3PI-Lo JINN 16 194 11:22 FROM SCS EWP IND'OLA IOWA PAGE.003 Lj - 7'� I n Tg$ SPONSORS WILL• 1. Contract for construction of the works of improvement described in Section A. 2. Provide In -Kind contribution of design, construction, inspection, and contract administration equal to 25 percent of the estimated cost of construction for the work described in Section A. 3. Accept all financial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaining adequate land and water rights, permits, and licenses needed for the work described in Section A. 4, If applicable, complete the attached "Clean Air and Water Certification: and comply with the attached "Clean Air and Water Clause". 5. If needed, upon completion of emergency protection measures and the elimination of the threat, take action to bring the measures up to reasonable standards by other means and/or authority. Unless the measures are brought up to reasonable standards, the sponsors will not be eligible for future funding under the Emergency Watershed Protection Prog`rnam. 6• Accept responsibility for the operation and mainEenar�-c&_e of works described in Section A. 7, Ensure that all contracts for design and constr=e4 ,cnr services will be procured in accordance with progedur�-s prescribed in the Code of Iowa applicable to th CD::,— or ®, Administer their action under this agreement in �ccordancce R 3016, omn 128, andFother5rulesFCirculars rreferenced in7CFR3015. A 87', 9. Comply with Federal Executive Order 11246, which is me a t part of this agreement by Attachment B; comply withad Clause nondiscrimination provisions of the Equal Opp y and the Notice to Contracting Local Organizations of Requirement for Certifications of Nonsegregated Facilities clause attached hereto. 10. Comply with Drug -Free Workplace requirements described in Attachment A. 11. Prepare a design, construction plans, and construction specifications in accordance with standard engineeringand principles. The construction plans shall dbe eindthe State approved by a professional engineer reg' of Iowa. 12. Require that a professional engineer registered in the State of Iowa certify that the project was installed in accordance with the plans and specifications. p. 2 of 4 Revised 5-12-94 bd 6bbS 9SE 6fE,,,,,,,,,,,p,p,IuuumiouII11111111luil0iJ JUN IS IS il01111911101GF�j'lil'IIfllfiIN',lflVl�ffituul 16 ' '94 11:22 FROM SCS EWP INO'OLA IOWA PpGE.004 .111 Q1 13. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are incorporated into the project. C. SCS WILL: 1. Provide 100 percent of the cost of constructing the works of improvement described in S&ction A. The estimated cost to SCS is 2. Not be substantially involved with the technical or contractual administration of this agreement, but will provide advice and counsel as needed. 3. Pay the Sponsor pursuant to this agreement with request submitted on Standard Form 270. 4. Upon notification of the completion of construction SCS shall promptly review the performance of Spongor to determine if it has met the requirements of this agreement and fund expenditures as agreed. 1. That the costs incurred by the sponsor for surveys, design, inspection, and contract administration will be equal to 25V of the estimated construction cost. 2. This agreement shall become null and void 90 calender days after the date SCS has executed this agreement if a contract has not been awarded. 3. This agreement shall be effective on the date appearing in the first paragraph and shall continue in effect until the purpose of the agreement has been fulfilled. 4. No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement or tc'any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement it made with a corporation for its general benefit. S. The furnishing of financial and other assistance by SCS is contingent on the availability of funds appropriated by Congress from which payment may be made and shall not obligate SCS upon failure of the Congress to appropria=te funds. o C- c DO 73 n� I —ICS C:) w 0 6001 d3Q 37I10d 1110 VMOI 14033 JUN 16 '94 11:23 FROM SCS EWP IND'OLR IOWR q-�6/ PRGE.005 6. SCS may terminate this agreement in whole or in part when it is determined by SCS that the Sponsors have failed to comply with any of the conditions of this agreement. The SCS shall promptly notify the Sponsors in writing of the determination and reasons for the termination, together with the effective date. Payments or recoveries made by SCS under this termination shall be in accord with the legal rights and liabilities of SCS and the Sponsors. 7. This agreement may be temporarily suspended by SCS if it determines that corrective action by the Sponsors is needed to meet the provisions of this agreement. Further, SCS may suspend this agreement when it is evident that a termination. is pending. e. The program or activities conducted under this agreement will be in compliance with the nondiscrimination provisions contained in the Titles VI and VII of the Civil Rights Restoration Act of 1987 (Public Law 100-259); and other nondiscrimination statutes: namely, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and the Age Discrimination Act of '1975. They will also be in accordance with the regulations of the Secretary of Agriculture (7CGR-15, Subparts A & B), which provide that no person in the United States shall onthe grounds of race, color, national origin, age, religion, marital status, or handicap be excluded from participation be otherwise subjected to in, be denied the benefits of, or discrimination under any program or activity receiving federal financial assistance from the Department of v Agriculture or any agency thereof. z C-) c E. APPROVED- {.rte- r a The City of Iowa Ci Iowa (Flame of Sponsor) o Title: Mavor Date: June 7 l99/, This action is authorized at an official meeting of the Io on the7 t_ ay of June at 7 • 30nm UNITED SOILSTATES CONSERVATAGRICULTURE ION SERVICE By: Title: State onservationist Date:_ Appr ed By City Attorney's Cdfice G /'/9 5� p. 4 of 4 Revised 5-12-94 W r / UNITED STATES l soil Emergency Operations Center DEPARTMENT OF Conservation 515 North Jefferson, Suite G AGRICULTURE Service Indianola, Iowa 50125 November 14, 1994 Mr. Dennis S. Gannon, P.E. C) Assistant City Engineer e r� City of Iowa City 410 E. Washington Street -- Iowa City, IA 52240-1826 Dear Denny: Enclosed is a signed copy of Amendment No. 1 to Grant Agreemeii�p No. 68-6114-4-731 between the Soil Conservation Service and the City of Iowa City. This amendment gives the city 90 additional calendar days to award a contract under the agreement. You should retain this copy for your records. A reminder: to help ensure competitive bids, remember to use the Regional Contractor Hotline in your area to advertise site showings and bid openings. If you need further information on the Hotlines, call the EWP Help Desk at 1-800-433-9941. Please call the Help Desk if you have any questions. The Help Desk is open during regular business hours from Monday through Friday. No question you may have is unimportant to us, so please do not hesitate to call. One last last thing: Remember to document the in-kind and out-of-pocket expenses that you incur in the completion of the repair work covered by this grant. As you know, these expenses serve as local match for federal funds provided in this grant. You may be asked at some point to provide copies of your matqh documentation for audit purposes. We wish you the best as you complete 1993 Flood repairs in your community. Sincerely, /&&AV404� Martin Adkins EWP Coordinator CC: Bruce W. Trautman, AC, SCS, Douglas D. Morningstar, CE, Wayne R. Petersen, DC, SCS, Fairfield, IA SCS, Fairfield, IA Iowa City, IA )00ns c � `r'f'i STATE Iowa COUNTY Johnson, City of Iowa City GRANT AGREEMENT NO 68-6114-4-731 UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE NO. 1 PURPOSE: To add additional time which is necessary to complete the work under this agreement. Section D.2 is changed to read as follows: This agreement shall become null and void within 180 calendar days after the date SCS has executed this agreement if a contract has not been awarded. All other terms and conditions of the original grant agreement remain unchanged. APPROVED: CITY OF I0WA CITY (Name of Sponsor) BY: This action is authorized at an official meeting of TITLE: the Iowa City Council on the 7th day of DATE: October S10 1994 June, 1994 at 7:30 P_M. UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE BY: lJS1�1�f! C) Z TITLE: State Conservationist C�-`- N il a DATE: ��— 1' C- C1 = o � c.3 D � UNITED STATES Natural EWP Emergency Operations Center DEPARTMENT OF Resources 515 North Jefferson Street AGRICULTURE Conservation Suite G, Second Floor Service Indianola, Iowa 50125-1700 November 17, 1994 Mr. Dennis S. Gannon, P.E. Assistant City Engineer City of Iowa City 410 E. Washington Street Iowa City, IA 52240-1826 Dear Mr. Gannon: Enclosed is a signed copy of Amendment No. 2 to Grant Agreement No. 68-6114-4-731 between the Natural Resources Conservation Service (NRCS), formerly the Soil Conservation Service, and the City of Iowa City. You should retain this copy for your records. Please proceed with those engineering and administrative activities that are necessary for the completion of the repairs being funded under this agreement. A reminder: to help ensure competitive bids, remember to use the Regional Contractor Hotline in your area to advertise site showings and bid openings. If you need further information on the Hotlines, call the EWP Help Desk at 1-800-433-9941. Please call the Help Desk if you have any questions. The Help Desk is open during regular business hours from Monday through Friday. No question you may have is unimportant to us, so please do not hesitate to call. One last thing: Remember to document the in-kind and out-of-pocket expenses that you incur in the completion of the repair work covered by this grant. As you know, these expenses serve as local match for federal funds provided in this grant. You may be asked at some point to provide copies of your match documentation for audit purposes. We wish you the best as you complete 1993 Flood repairs in your community. Sincerely, vo r Martin W. Adkins N EWP Coordinator cc: Bruce W. Trautman, AC, NRCS, Fairfield, IA w -� Douglas D. Morningstar, CE, NRCS, Fairfield, IA Wayne R. Petersen, DC, NRCS, Iowa City, IA rn NOV 7 19yd STATE Iowa COUNTY Johnson GRANT AGREEMENT NO 68-6114-4 -731 aD r C) x UNITED STATES DEPARTMENT OF AGRICULTURE n c SOIL CONSERVATION SERVICE n { N N AMENDMENT NO. 2 m s o- v — PURPOSE: To add additional DSR sites and obligate funds which are necessary to complete the work under this agreement. revised to change Section A is ehanged--tom add the following DSR's and estimated dollars. DSR Number Estimated Cost Tvoe of Repair 364-42 $ 188,100 Emergency Spillway Repair 364-50 $ 188,380 Bank Stabilization 364-51 $ 23,398 Bank Stabilization Section C.1 is changed to read as follows: Provide 100 percent of the cost of constructing the works of improvement described in Section A. This cost to SCS is estimated to be $ 427,638 , This is an increase of $ 220,004 All other terms and conditions of the original grant agreement remain unchanged. Page 2 Amendment No. 2 Grant Agreement No. 68-6114- 4- 731 APPROVED: City of Iowa City, Iowa (Name of Sponsor) BY: TITLE: Ciiq Mana er DATE: UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE BY:,T�oT�r.� Sl •T �N� TITLE: State Conservationist DATE: - ., This action is authorized at an official meeting of the Iowa Citv Council on the 7th day of June 1994 at p.m. \� \ RESOLUTION NO. 94-190 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC. OF IOWA CITY, IOWA, FOR ENGINEERING CONSULTING SERVICES RELATIVE TO THE EMERGENCY WATERSHED PROTECTION PROGRAM. WHEREAS,1 the City of Iowa City desires to complete certain repairs adjacent to the Iowa River caused by the flood of 1993 relative to the Emergency Watershed Protection Program; and WHEREAS, an agreement has been negotiated with Shive-Hattery Engineers and Architects, Inc. to provide engineering consulting services to the City of Iowa City, which agreement is attached hereto; and WHEREAS, the City Council finds it to be in the public interest to enter said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement for engineering consulting services attached hereto and made apart hereof is in the public interest, and is hereby approved as to form and content. 2. The Mayor and City Clerk are authorized to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this 7th day of June 1994. ATTEST: 2KQixJ ate/ CITY LERK ih . MAYOR Approved by City Attorney's Office It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton pweng\emrgshed.ms 1176 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of .1994 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery Engineers And Architects, inc., of Iowa City , hereinafter referred to as the Consultant. WHEREAS, The City of Iowa City wants to repair 1993 flood damage under the Soil Conservation Service Emergency Watershed Protection Program (EWP) at the locations listed below: 1. Iowa River at Crandic Park - Bank Stabilization (DSR 364-40) 2. Iowa River and Power Company Dam Spillway (DSR 364-42) 3. Iowa River Miscellaneous Storm Sewer - Sedimentation Removal (DSR 36448) 4. Iowa River at Terrell Mill Park, City Park, and Dubuque Street - Bank Stabilization (DSR 364-50) 5. Iowa River at Rocky Shore Drive - Bank Stabilization (DSR 364-51) 6. Iowa River South of Route 6 - Bank Stabilization (DSR 364-69) 7. Tributary to Iowa River Along Dubuque Street - Miscellaneous Work (DSR 364-76) NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide as set forth herein. I. SCOPE OF SERVICES - Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. GRANT ASSISTANCE AND ADMINISTRATION A. Shive-Hattery will attend a kick-off meeting with the City of Iowa City. staff. Shive-Hattery will contact SCS and assist The City with preparation of DSR 364-76. B. Shive-Hattery will assist the City of Iowa City with the preparation of various documents, grant agreements, forms, and other paperwork necessary to satisfy the Soil Conservation Service under their EWP Program. 194240-1 1 SMIVE-HATTERY ENGINEERS AND ARCHITECTS, bK r 9a CONSULTANT AGREEMENT DESIGN PHASE A. Shive-Hattery will meet with the Soil Conservation Service to review each of the DSR's to assure that there is concurrence of design approach, methodology, and construction detailing. B. Shive-Hattery will survey each of the seven (7) sites previously outlined and prepare a plan view of each of the sites, along with cross-sections of various banks and stream channels as is appropriate. C. Shive-Hattery will prepare a preliminary design of each of the sites and review the preliminary with the Soil Conservation Service and obtain their concurrence. D. Shive-Hattery will prepare final plans, specifications, and bid documents for the improvements of the various sites. E. Shive-Hattery will submit the plans and specifications to the City of Iowa City and the Soil Conservation Service, along with other regulatory agencies as is deemed appropriate by the Soil Conservation Service. BID AND CONSTRUCTION SERVICES A. Shive-Hattery will prepare and mail a notice to contractors that may be interested in this project and file a set of plans and specifications with regional planhouses. ' B. Shive-Hattery will furnish the City three (3) sets of plans and specifications for their use. C. Shive-Hattery will have 40 sets of plans and specifications printed for bid purposes and handle distribution to contractors. D. Shive-Hattery will answer contractor's questions during the bid period, attend bid opening, and prepare a bid tabulation and recommendation of award of the contract. E. Shive-Hattery will function as the Owners Representative during the construction phase of this project. Services will include a preconstruction conference, preparation of various documents such as notice to proceed, review of shop drawings, contractors pay estimates, final payment request, and provide an inspector for observation of the contractors field activities. 194240-1 2 SHIVE-HATTERY ENGINEERS AND ARCHITECTS, me /70 CONSULTANT AGREEMENT 11. TIME OF COMPLETION The Consultant shall perform the above scope of services in general accordance with the following schedule upon the later date of receipt of Grant Approval by the Soil Conservation Services or a signed contract. Completion of Design: 90 Days Bidding and Construction Services: Schedule to be Agreed Upon III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum", or not -to - exceed amounts listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. 194240-1 3 SKIVE-HATTERY ENGINEERS AND ARCHITECTS, trc /9v CONSULTANT AGREEMENT E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. If is further agreed that no Party to the Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitations as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with the Agreement. K. Should any section of the Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. 194240-1 4 SHIVE-HATTERY ENGINEERS AND ARCHITECTS, tc 18 CKe1;&-litill!f_la9-111ciZ4 4Tu14M IV. COMPENSATION FOR SERVICES The Grant support services, including reimbursables for mileage and printing, will be provided on a time and expense basis with a not -to -exceed cost of $6,000.00 without authorization of The City. The design services will be performed on a lump sum basis and will include survey, design, and reimbursables for mileage and printing for the DSR's. We propose a lump sum fee for the services in the amount of $34,000.00. The bid and construction phase services, including reimbursables for mileage, will be provided on a time and expense basis with a not -to -exceed cost of $25,500.00 without authorization of The City. V. MISCELLANEOUS A. The City of Iowa City will provide Shive-Hattery the below listed support or information: Review of submitted documents in a timely basis. 2. Topographic mapping of any areas available. FOR THE CITY IFOR THE Title: Date: 6/7/94 6/7/94 ATTEST: V6� Approved By City Attorney's Office / 194240-1 5 LTANT Date: �5-- 2 S/—% Sl SHIVE-HATTERY ENGINEERS AND ARCHITECTS, is RESOLUTION NO. 94-191 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE IOWA CITY SENIOR CENTER EXTERIOR REPAIRS PROJECT. WHEREAS, E & H Restoration, Inc. of Davenport, Iowa, has submitted the lowest responsible bid of $112,132.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to E & H Restoration, Inc. of Davenport, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 7th day of June 1994 MAYOR Approved by ATTEST: CIT CLERK ity Attorney's Office It was moved by Kubby and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker —� Horowitz Kubby X Lehman X Novick X Pigott X Throgmorton pwerg\wctr.rw \11\.I `kvy . . RESOLUTION NO. 94-192 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND R. M. BOGGS CO. TO PROVIDE EMERGENCY FLUE REPAIR SERVICES FOR THE IOWA CITY SENIOR CENTER. WHEREAS, inspection of the flue at the Iowa City Senior Center has confirmed that numerous seam welds are broken, leaving large holes in its entire length; and WHEREAS, the resulting condition presents a potential hazard to occupants of the building; and WHEREAS, the City of Iowa City desires to perform immediate repairs to remedy existing condition; and WHEREAS, a proposal to perform said repairs has been submitted by R. M. Boggs Co. of Iowa City, Iowa; and WHEREAS, it is in the public interest to enter into said Agreement with R. M. Boggs Co. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Agreement, in duplicate. Passed and approved this 7th day of June 1994. ATTEST: -e 9 ✓ CITY -CLERK pweng\flue.res PAYOR oved OAppity Attorney's Office V ;/�5' 192 Resolution No. 94-192 Page 2 It was moved by Throgmorton and seconded by Pigott the Resolution be adopted, and upon ro% call there were: AYES: NAYS: ABSENT: X Baker X Horowitz �- Kubby X Lehman -J� Novick X Pigott X Throgmorton 197 4e. -A-6 B0949;i 1200 AlrrwANIrAI rr1NTPAr7C1Ri May 23, 1994 City of Iowa City Civic Center 410 East Washington Street Iowa City, IA 52240 ' ATTN: James Schoenfelder RE: Chimney Stack Senior Center Dear Mr. Schoenfelder: We are pleased to quote the following: Install new metalbestos boiler vent and breaching from existing boiler, refasten existing chimney stack where needed, new metalbestos to go down center of existing stack, temporary hot water heater stack to be provided while work is being done for the sum of $10,340.00. D 2804 INDUSTRIAL PARK ROAD BOX 1130 IOWA CITY, IOWA 52244 If you have any questions, please do not hesitate to contact our office. Thank you for the opportunity to quote this project. Very Truly Yours, FOR THE CITY 4J1WtQ Richard D. Staab TITLE: Executive Vice—President RDS/sw 319-338-9741 IOWA CITY DATE 6/7/94 319-363-5602 CEDAR RAPIDS 1-800-272-5001 WATS FAX 319.338-8104 192 J RESOLUTION NO. 94-193 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE 1994 MAINTENANCE AND REPAIR PROJECT — CAPITOL AND DUBUQUE STREET PARKING RAMPS. WHEREAS, Advanced Chemical Technologies, Inc. of Oklahoma City, Oklahoma, has submitted the lowest responsible bid of $176,068.16 (total base bid plus alternate bid no. 1) for the construction of the above-named project. 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 Advanced Chemical Technologies, Inc. of Oklahoma City, Oklahoma, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 7th day of June , 1994. ATTEST: A4�e. 76/ CIT LERK It was moved by Novick Ap oved by J_ L City Attorney's Office and seconded by Pigott the Resolution be adopted, and upon roll call there were: pwengkpkgmmps.m AYES: X NAYS: ABSENT: Baker Horowitz Kubby X Lehman Novick Pigott Throgmorton Icf3 RESOLUTION NO. 94-194 RESOLUTION CHANGING THE NAME OF THE EASTERLY 144.3' OF TEG DRIVE LOCATED IN PARK WEST SUBDIVISION - PART FOUR, IOWA CITY, IOWA, TO ABER AVENUE. WHEREAS, on February 4, 1993, the City Council for the City of Iowa City approved the final plats for Park West Subdivision - Parts Two, Three and Four; and WHEREAS, the final plat of Park West Subdivision, Part Four, was recorded on July 27, 1993 in Plat Book 33, Page 266 of the Johnson County Recorder's Office; and WHEREAS, at the time the City Council approved these plats, it decided to extend Teg Drive to connect with the easterly section of Aber Avenue located in Bryn Mawr Heights - Part Thirteen; and WHEREAS, this connection has resulted in confusion as to where Teg Drive ends and where Aber Avenue begins; and WHEREAS, changing the name of the east 144.3' of Teg Drive will result in the following: 1) Aber Avenue will be located from approximately the westerly right-of-way line of Aburdeen Court to the east. 2) Teg Drive will be located from approximately the westerly line of Aburdeen Court to the west. 3) Lot 62 of Park West Subdivision - Part Four will be located at the northeast corner of the intersection of Aburdeen Court with Aber Avenue, and Lot 49 of Park West Subdivision - Part Four will be located o6 Aber Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The name of the easterly 144.3' of Teg Drive located in Park West Subdivision -Part Four is hereby changed to Aber Avenue. 2. As required by Iowa Code §364.26 (1993), the City Clerk is directed to certify a copy of this Resolution and to file the Resolution with the Johnson County Recorder, the Johnson County Auditor, and the City Assessor. Passed and approved this 7th day of June 1994. .�, ATTEST: CIT CLERK pweng\tegchng.res S4", ,IGIAYO R Approved by n City Attorney's Of ' b _3_q,f 19-L Resolution No. 94-194 Page 2 It was moved by Pigott and seconded by Baker the Resolution be adopted, and upon roR call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman Novick X Pigott X Throgmorton (7�4 RESOLUTION NO. 94_195 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY ATTORNEY'S OFFICE AND THE CONFIDENTIAL PAY PLAN WHEREAS, Resolution No. 94-70 adopted by the City Council on March B, 1994, authorized permanent positions in the City Attorney's Office for FY95; and WHEREAS, Resolution No. 94-149, adopted by the City Council on May 10, 1994, established a classification/compensation plan for Confidential employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the City Attorney's Office be amended by: 1. The deletion of one full-time Administrative Secretary, paygrade 24; 2. The addition of one full-time Administrative Clerk/Typist, paygrade 23. Passed and approved this 7th day of June 1994., CL sf 1 •yLr. AYOR Ap oved by ATTEST: CI�TY'CLERK Ay Attorney' Office ! It was moved by Thrnem,tnn and seconded by u„�+the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: humanrel\CAOsec.res Baker Horowitz Kubby x Lehman Novick Pigott Throgmorton 195 RESOLUTION NO. 94-196 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Holiday Inn, Iowa City - 210 South Dubuque Street It was moved by Nnvi rk and seconded by Thrnemnrtnn that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker _%— X Horowitz X Kubby X Lehman X Novick Pigott Throgmorton Passed and approved this 14th day of June , 1994 . MAYOR IFMI WANE ATTEST: AZ't � 51� CITY CLERK Wanceprm.res RESOLUTION NO. 94-197 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, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following - named persons and firms to sell cigarettes: See Attached List r It was moved by Nnui Pk and seconded by Thro=orton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker x Horowitz x Kubby R Lehman X Novick X Pigott % Throgmorton Passed and approved this 14th day of June 1994 ATTEST: -�p CITY CLERK clerk\cigpermt.res AYOR Approved by ity Attorney's Office (97 CIGARETTE PERMITS PRINTED : 20 -APR -94 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE A)E, 5imcgf� :20 85 00104 06534 V c�t657 VENDING REGAL .ai1RLINER THE 93 00012 06505 V ctc.51, V/ LOHAUS & LARSON INVESTMENT COMPANY _ 6ERICAN LEGION, ROY L. CHOPEK POST #17 86 00025 06449 C c:t6- 1/ 1/AMERICAN LEGION, ROY L. CHOPEK POST #17 JAMES 85 00074 06450 C o4�sc O/TIF LTD C MART #58 87 00019 06451 C oye51 � COASTAL BRANDED MARKETING INC dPUS STANDARD SERVICE 86 00021 06452 C c`4L-SZ V/ KEITH D VILLHAUER ENTERPRISES INC GENTR A. -P �e �L t eG i, �ol sefi 85 00079 -06.45-3--C CONTRo-L-PR9DUCTS-COMPANY t,leITY NEWS AND BOOKS 94 00006 C c'+L-5- R PAUL PENNINGROTH 0 C IAL LANES 85 00003 06507 V c t65j ERSHELL CORP 6OFSNTRSF Yc�pEH£3f I�e� ?ticAe- c�Lll. �Uv longer se l',ncd, 00077 50V HA KE 'E MUlSZXZNT S 6;1� 6`j I ' / -COUNTRY--K-iTCH-EN Per Pko.c Cc o N. I,,n�a� sell:e`a• --94--019-00-4 — —V -REG/AE-VENF}ING—/��`� iN'S MUSTANG MARKET 86 00001 06454 C OSS PETROLEUM COMPANY OF IOWA CITY DaN'fS SHORT STOP CORPORATION 86 00022 06455 C L1+6 ' ANIEL J GLASGOW ,, uAVE'S FOXHEAD TAVERN 85 00023 06504 C ALBERHASKY DAVID L �ADWOOD 85 00092 06509 V o4&<55 REGAL VENDING �EELIMART 87 00013 06542 C V DELI MART INC jqq CIGARETTE PERMITS PRINTED : 20 -APR -94 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE New LIMART #2 87 00018 06543 C DELI MART INC 4XIAMONDDAVE'S T fer pka 4 Gall 93 Goes n_ e $2AMOND-DwEi� ,,., 3ENe_ $bAMOND-HALF 92 0e911 06456 e -TANLEY--J-WH!T OC'S STANDARD 92 00006 06458 C PAUL ROZINCK RUGTOWN #1 85 00012 06459 C HY-VEE FOOD STORES INC DRUGT #2 85 00013 06460 C H EE FOOD STORES INC W;BLIN UNDERGROUND THE 93 00001 06536 V- cLt65cj REGAL VENDING RI4BUQUE STREET HANDIMART 90 00009 06461 C ,V,�f�,ORDSTROM OIL COMPANY I PGLE FOOD CENTER #157 85 00004 06462 C LUCKY STORES INC Vh�,GLE FOOD CENTER #220 85 00005 06463 C LUCKY STORES INC EAST -WEST ORIENTAL FOODS 92 00007 06544 C INN HO SHINN ECONOFOODS #473 87 00010 06464 C ECONOFOODS #473 �XPRESSSTOP 93 00002 06465 C BILL & SHIELA BOYD F HOUSE, THE 85 00073 06510 V 04660 Lif_AJWKEYE AMUSEMENT pzTZPATRICK'S ALEHOUSE, INC. 85 00094 06546 V' 0 -if VREGGAL VENDING FRATERNAL ORDER OF EAGLES, I.C. AERIE #695 85 00030 06466 C FRATERNAL ORDER OF EAGLES I C AERIE #695 CIGARETTE PERMITS PRINTED : 20 -APR -94 PAGE: 3 DOING BUSINESS AS APPLICANTS NAME PURPOSE -B ' S V REGAL VENDING GAS COMPANY INN VHAWKEYE AMUSEMENT GASBYS FAP ENTERPRISES gEORGE' S BUFFET GEORGE'S BUFFET "EAT WALL VAY AND CHI HO �GR9GND ROUND, THE HAWKEYE AMUSEMENT ARRIS DISCOUNT HARRIS THOMAS E & MARY ANN H ijkG�LANDER THE REGAL VENDING �FiILLTOP 76 VVV NAKOPEC INC HILLTOP LOUNGE, THE HILLTOP TAVERN LTD H DAY INN -IOWA CITY WKEYE AMUSEMENT HY_ E FOOD STORE #1 VEE FOOD STORES INC VEE FOOD STORE #2 /Y -VEE FOOD STORES INC ,�iY-VEE FOOD STORE #3 VVV HY-VEE FOOD STORES INC vt,h 4 &L50-ess u LICENSE # STICKER # cNe� Jr�cflt 91 00008 06511 V 87 00002 06512 V c,1&4�5 92 00010 06467 C 85 00017 06535 V 04L -r` 93 00011 06468 C 91 00001 06514 V �{E6 85 00032 06469 C 93 00003 06515 V L46(-6 85 00125 06516 V c4fr9 86 00012 06470 C 86 00011 06517 V 04L6c 85 00009 06471 C 85 00010 06472 C 85 00011 06473 C �T CONNOLLY'S TOBACCO BOWL 91 00009 06474 C THOMAS J CONNOLLY CIGARETTE PERMITS PRINTED : 20 -APR -94 PAGE: 4 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE ` �SA'S --) Pie" P-6 90 00003 06519 V 1/ REGAL VENDING JOE'S PLACE 85 00118 06540 V CARDAN INC V-�OHN'S GROCERY, INC. 85 00054 06475 C JOHN'S GROCERY INC ART 85 00140 06476 C M/ART CORPORATION ifrZRKWOOD 76 85 00135 06477 C INLAND TRANSPORT CO vLYTY HAWK, THE 85 00097 06520 V REGAL VENDING utmr c i'4i tion Se�l'.rl�, 3 s: +ss $�—A@A24 964 -74 --C- K Closed K & GO #422 85 00025 06479 C RAUSE GENTLE OIL CORPORATION M MIGHTY SHOP, INC. 85 00045 06480 C VVVL && M MIGHTY SHOP INC TsEO'S STANDARD SERVICE 85 00027 06481 C LENOCH STEPHEN YAL ORDER OF MOOSE LODGE #1096 87 00005 06521 V REGAL VENDING XIE'S 88 00005 06522 V REGAL VENDING 1 �YEMORIES 91 00004 06539 V V REGAL VENDING KES TAP 89 00004 06523 V REGAL VENDING M;RL RESTAURANT, THE 85 00065 06524 V WKEYE AMUSEMENT 05-ILLERMART INC 90 00006 06482 C MILLERMART INC CIGARETTE PERMITS PRINTED : 20 -APR -94 PAGE: 5 DOING BUSINESS AS APPLICANTS NAME PURPOSE M S SALOON & EATERY AWKEYE AMUSEMENT GOLDEN OLDIES HAWKEYE AMUSEMENT EYED JAKE'S REGAL VENDING CO SCO DRUG STORE OS/CO DRUG INC gSC0 DRUG STORES #2393 AMERICAN DRUG STORES INC Muu'^� Av.- V -PAUL'S OF IOWA CITY PAUL'S DISCOUNT OF IOWA CITY SON'S DRUG STORE EEARSON'S DRUG STORE INC (�OR BOWLING, INC. HAWKEYE AMUSEMENT THE t"RREGAL VENDING QUIK TRIP #503 QUIKTRIP CORPORATION Q�TIK TRIP #509 VQUIKTRIP CORPORATION XQUIK TRIP #539 TRIP CORPORATION QT ZC TRIP #548 UIKTRIP CORPORATION eKTRIP #552 KTRIP CORPORATION VJ T.'S REEGAL VENDING „RANDALL FOODS V RANDALL'S STORES INC I LICENSE # STICKER # 85 00062 06525 V 90 00001 06513 V 94 00002 V 85 00116 06483 C 94 00003 C 85 00100 06484 C 85 00048 06485 C 85 00063 06526 V 90 00007 06527 V 85 00018 06486 C 85 00019 06487 C 85 00020 06488 C 85 00021 06489 C 85 00022 06490 C 85 00096 06528 V 85 00034 06491 C Iq ! CIGARETTE PERMITS PRINTED : 20 -APR -94 PAGE: 6 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE SS' AMOCO SERVICE VITOSH 85 00137 06492 C ROSALIE 'i)WNCREST AMOCO SERVICE INC ySAC7CTUARY RESTAURANT, THE 85 00102 06538 V REGAL VENDING PLACE SPAITON'S CASH & CARRY MARKET 85 00036 06493 C SEATON CLYDE R �ON XAS STEAK CO 94 00005 V V NCLAIR RETAIL STATION & CONV STORE #4411 85 00126 06494 C SINCLAIR MAKETING INC 92 00002 06541 C SL2�CLAIR SERVICE STATION & CONV STORE #4387 85 00127 06495 C INCLAIR MARKETING INC HO'S 93 00009 06529 V HAWKEYE AMUSEMENT RTS COLUMN CORP. 85 00105 06530 V REGAL VENDING 'i)WNCREST AMOCO SERVICE INC UNSET HANDIMART 93 00008 06496 C WILLLLIAM D & DAVID V NORDSTROM PLACE T'&M MINI MART 85 00085 06497 C ALBERHASKY TOM & MARILYN �ON XAS STEAK CO 94 00005 V V HAWKEYE AMUSEMENT VVYNE TAVERN, THE IRD COAST 92 00002 06541 C ALLYN M ELKIN & BENJAMIN A ELKIN o'WNeR-EST 76 ?" P�coil' n.�i- 11,n t -9'4-6-96�t $- DENN-FS-ANDCHARj,G rrzARRGTT 'i)WNCREST AMOCO SERVICE INC 91 00011 06498 C TOWNCREST AMOCO SERVICE INC PLACE 85 00042 06499 C VTeCK'S TUCKER JAMES J �ON 93 00013 06531 V HAWKEYE AMUSEMENT COMPANY VVYNE TAVERN, THE 85 00109 06532 V REGAL VENDING (9? CIGARETTE PERMITS PRINTED : 20 -APR -94 PAGE: 7 DOING BUSINESS AS APPLICANTS NAME PURPOSE . X�VTTO'S ✓✓✓ REGAL VENDING V OSH STANDARD ITOSH RICHARD W -MART #1721 AL -MART STORES INC W 1L'GREENS ALGREEN COMPANY WA ECO U,WARE & MCDONALD OIL COMPANY WATT'S FOOD MARKET WATT CLARISSA MRS IG & PEN PIZZA PUB HAWQEYE AMUSEMENT r TOTAL CIGARETTE PERMITS: 103 LICENSE # STICKER # 89 00012 06537 V 85 00114 06545 C 92 00012 06500 C 85 00029 06501 C 85 00016 06502 C 85 00083 06503 C 93 00005 06533 V p RESOLUTION NO. 94-198 RESOLUTION APPROVING APPLICATION FOR PUBLIC HOUSING AND PUBLIC HOUSING AGENCY REQUEST FOR FRONT-END ANNUAL CONTRIBUTIONS CONTRACT (ACC). WHEREAS, it is the policy of the City of Iowa City, Iowa, acting as the Iowa City Housing Authority, to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Housing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low -rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low -rent housing to meet needs not being adequately met by private enterprise and that the Government shall not make any contract with a public housing agency for preliminary loans (through the use of a front-end ACC) for surveys and planning in respect to any low -rent housing project unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan (through the use of a front-end ACC); and WHEREAS, the Iowa City Housing Authority (herein called the "PHA") is a public housing agency and is applying to the Government for a front-end ACC to cover the costs of surveys and planning in connection with the development of low -rent housing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: That there exists in the City of Iowa City a need for such low -rent housing which is not being met by. private enterprise; 2. That the application of the PHA to the Government for a front-end ACC in an amount not to exceed 1 % of the total development cost for surveys and planning in connection with the low -rent housing projects of not to exceed approximately ten (10) dwelling units is hereby approved. 3. This Resolution also gives majority approval by the City Council of the City of Iowa City, Iowa, of the project within its jurisdiction based upon the study or report and recommendations as required by Section 403A.5 of the Iowa Code. 19S Resolution No. 9/ _j oa Page 2 Passed and approved this 14th day of ,Tune , 1994. ATTEST: xi 91". -�t� CITY CLERK S MAYOR Appr ' e dd by y Attorneys Offic for It was moved by Novick and seconded by Thro?morton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby X Lehman X Novick x Pigott Throgmorton hisasstVrontend.res Wa U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PUBLIC HOUSING PROGRAM - PHA RESOLUTION IN SUPPORT OF PUBLIC HOUSING PROJECT RESOLUTION NO: 94-199 WHEREAS, the United States Housing Act of 1937 provides that there shall be local determination of the need for public housing to meet needs not being adequately met by private enterprise; and WHEREAS, under the provisions of the United States Housing Act of 1937, the Department of Housing and Urban Development (HUD) is authorized to provide financial assistance to public housing agencies for such housing; and WHEREAS, the City of Iowa City, in its capacity as the Iowa City Housing Authority (herein called the "PHA"), is a public housing agency; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA (IOWA CITY HOUSING AUTHORITY) AS FOLLOWS: 1. Determination of Need. The PHA hereby determines that within its area of operation there is a need for low-income housing to meet needs not being adequately met by private enterprise. 2. Application and/or Proposal for Housing Assistance. The Mayor of the City of Iowa City is hereby authorized to have prepared one or more applications and/or proposals for public housing assistance for development of up to ten (10) dwelling units [and for a Preliminary Loan of up to $ ]; to sign said applications and/or proposals on behalf of the PHA and to submit them to HUD, said dwelling units to be provided by acquisition and not by new construction or rehabilitation. 3. Annual Contributions Contract (ACC). When an ACC is forwarded by HUD to the PHA for execution by the PHA, the Mayor is hereby authorized to execute such ACC on behalf of the PHA; and the City Clerk is hereby authorized to impress and attest the official PHA seal on each ACC counterpart and submit to HUD executed counterparts and related documents as required by HUD. 4. General Depositary Agreement. The Mayor is hereby authorized to execute on behalf of the PHA a General Depositary Agreement(s) and/or Savings Depositary Agreement(s) each in the form approved by HUD; and the City Clerk is hereby authorized to impress and attest the official PHA seal on each counterpart and submit to HUD executed counterparts and related documents as required by HUD. 5. Funding for Project Development Cost. (a) In order to fund the Development Cost of Housing projects pursuant to this Resolution or any other Resolutions as may be required by HUD, the PHA hereby authorizes the issuance of obligations in its name at such times, in such amounts, and on such terms and conditions as HUD may direct or approve in accordance with the ACC. l99 Res. No. 94-199. Page 2. 2 (b) The Mayor is hereby authorized to prepare and execute such PHA obligations; and the City Clerk is hereby authorized to impress and attest the official PHA seal, deliver the obligations to HUD or such other lenders as HUD may direct, and accept payment therefor or cause payment to be made as directed or approved by HUD in accordance with the ACC. (c) Each such PHA obligation shall be secured in such manner as may be provided and/or required by HUD in accordance with the ACC. All proceeds from such PHA obligations shall be deposited and used only as approved by HUD in accordance with the ACC. 6. HUD Regulations. In connection with the development and operation of any program or activity receiving Federal financial assistance under the United States Housing Act of 1937, the PHA will comply with all requirements under the applicable regulations of the Department of Housing and Urban Development, 24 CFR 841 or 24 CFR 805, as appropriate, and all HUD regulations relating to the operation of public housing projects. 7. Meaning of Terms. All terms used in this Resolution which are defined in the ACC shall have the meanings given to them in the ACC. 8. Effective Date. This Resolution shall take effect immediately. Passed and approved this il.th day of June , 1994. ATTEST: -e 7ey/ CI�CLERK . r AYOR App ved by ity Attorney' 4f ice L���Y It was moved by Novi s1 and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick y Pigott X Throgmorton hisasst\phahsg.res RESOLUTION NO. 94-200 RESOLUTION OF COOPERATION WHEREAS, the City of Iowa City, Iowa (hereinafter called the "Municipality"), acting by and through the Low Rent Housing Agency of the City of Iowa City, Iowa (hereinafter called the "Public Housing Authority"), has requested from the United States of America; Housing and Urban Development (hereinafter called "HUD"), a Program Reservation for ten (10) units of low rent housing to be developed and located within the corporate limits of the Municipality and may hereafter apply for additional Program Reservations; and WHEREAS, the Municipality, acting by and through the Public Housing Authority, shall endeavor to secure one or more contracts with HUD for loans and annual contribution's in connection with the development and administration of such low rent housing projects, all pursuant to the United States Housing Act of 1937, as amended (hereinafter called the "Act'); and WHEREAS, all such low rent housing projects are for a public purpose and exempt from all real and personal property taxes under the statutes of the State of Iowa; and WHEREAS, the Municipality desires to assist and cooperate in such undertakings and to comply with the provisions of Sections 10(a), 10(h), and 15(7)(b) of the Act, as well as all other applicable provisions thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Section 1. Whenever used in this resolution, the following terms shall have the following meanings: (a) The term "Complex" shall mean any low rent housing hereafter developed as one operation by the Public Housing Authority with financial assistance of HUD and included within any Program Reservations issued to the Municipality, acting by and through the Public Housing Authority, by HUD which in the aggregate may not exceed ten (10) units of low rent housing. A Complex will generally be located on a single site but may be on scattered sites. (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof (including the Municipality) in which a Complex is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Complex if it were not exempt from taxation. (c) The term "Shelter Rent' shall mean the total of all charges to all tenants of a Complex for dwelling rents and non -dwelling rents (excluding all other income of such Complex), less the cost of all dwelling and non -dwelling utilities. (d) The term "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. Zoo Resolution No. 94-200 Page 2 Section 2. The Municipality agrees that with respect to any Complex, so long as either (a) such Complex is used for low rent housing purposes, or (b) any contracts between the Municipality, acting by and through the Public Housing Authority, and HUD for loans or annual contributions, or both, in connection with such Complex shall remain in full force and effect, or (c) any bonds issued in connection with such Complex shall remain outstanding, whichever period is the longest, the Municipality will not levy or impose any real or personal property taxes upon such Complex or upon the Public Housing Authority with respect thereto. During such period, the Public Housing Authority shall make annual payments to the Municipality (hereinafter called "Payments in Lieu of Taxes") in lieu of such taxes and in payment for public services and facilities furnished for or with respect to such Complex. Each Annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Complex and shall be in an amount equal to either (a) ten percent (10%) of the aggregate Shelter Rent charged by the Public Housing Authority in respect to such Complex during such fiscal year, or (b) the amount permitted to be paid by applicable state law in effect on the effective date of this resolution, whichever amount is the lower; provided, however, that upon failure of the Public Housing Authority to make any such Payment in Lieu of Taxes, no lien against any Complex or assets of the Public Housing Authority shall attach. The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in accordance with applicable state law; provided, however, that no payment for any year shall be made to any Taxing Body (including the Municipality) in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Complex were not exempt from taxation. Section 3. During the period commencing with the date of the acquisition of any part of the site or sites of any Complex and continuing so long as either (a) such Complex is used for low rent housing purposes, or (b) any contract betv�een the Municipality, acting by and through the Public Housing Authority, and HUD for loans or annual contributions, or both, with respect to such Complex shall remain in force and effect, or (c) any bonds issued in connection with such Complex shall remain outstanding, whichever period is the longest, the Municipality, without cost or charge to the Public Housing Authority or the tenants of such Complex (other than the.Payments in Lieu of Taxes) shall: . (a) Furnish or cause to be furnished to the Public Housing Authority and the tenants of such Complex public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Complex as may be necessary in the development thereof, and without charge, transfer to the Public Housing Authority jurisdiction of any interest the Municipality may have in such vacated area; and insofar as it is lawfully able to do so without cost or expense to the Public Housing Authority and/or to the Municipality, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; Zoo Resolution No. 94-200 Page 3 (c) Insofar as the Municipality may lawfully do so, grant such waivers of the building code of the Municipality as its Council deems appropriate under the circumstances and are reasonable and necessary to promote economy and efficiency in the development and administration of such Complex; and make such changes in any zoning of the site and surrounding territory of such Complex as its Council deems appropriate under the circumstances and are reasonable and necessary for the development and protection thereof; (d) Accept grants of easements necessary for the development of such Complex; and (e) Cooperate with the Public Housing Authority by such other lawful action or ways as the Municipality and Public Housing Authority may find necessary in connection with the development and administration of such Complex. Section 4. In respect to any Complex, the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Public Housing Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Complex after the Public Housing Authority, out of Complex development funds, has completed the grading, improvement, and paving thereof in accordance with specifications acceptable to the Municipality; and (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Complex or necessary to provide adequate access thereto (in consideration whereof the Public Housing Authority shall pay to the Municipality as Complex development costs such amount as would be assessed against the Complex site for work if it were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Complex and serving the bounding streets thereof (in consider- ation whereof the Public Housing Authority shall pay to the Municipality as Complex development costs such amount as would be assessed against the Complex site if it were privately owned). Section 5. If the Municipality shall, within a reasonable time after written notice from the Public Housing Authority, fail or refuse to furnish or cause to be furnished any of the services or facilities which it is obligated hereunder to furnish or cause to be furnished to the Public Housing Authority or to any Complex, then the Public Housing Authority upon obtaining such services or facilities elsewhere shall deduct the cost therefor from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Complex or any other low rent housing Projects assisted or owned by HUD. Section 6. The Municipality agrees that so long as any contract between the Municipality, acting by and through the Public Housing Authority, and HUD for loans (including preliminary loans) or annual contributions, or both, with respect to any Complex shall remain in force and effect, or so long as any bonds issued in connection with such Complex shall remain outstanding, this resolution shall be regarded as a contract and shall not be abrogated, changed, or modified without the consent of HUD. The privileges and obligations of the 2ov Resolution No. 94-200 Page 4 Municipality hereunder shall remain in full force and effect with respect to each Complex so long as the beneficial title to such Complex is held by the Municipality or some other public body or governmental agency, including HUD, authorized by law to engage in the development or administration of low rent housing Projects. If at any time the beneficial title to, or possession of, any Complex is held by such other public body or governmental agency, including HUD, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including HUD. Section 7. No Cooperation Resolution heretofore entered into between the Municipality and the Public Housing Authority shall be construed to apply to any Complex covered by this resolution. Section 8. In the event any provision hereof is held invalid, the remainder shall not be affected thereby, it being the intent of this resolution to cooperate in the development and administration of the Complex or Complexes to the fullest extent permitted by law. Passed and approved this 14th day of June 1/994• 1 � AYOR Appr vea by ATTEST: 4e CITY -CLERK tity Attorney's Office It was moved by Nnvi rk and seconded by Thrnd nrrnffie Resolution be adopted, and upon roll call there were: AYES: hisasst\lowrent.res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ?-bb pcS ac - RESOLUTION NO. 94-201 RESOLUTION ACCEPTING THE WORK FOR THE RIVERSIDE DRIVE RIVER TRAIL PROJECT. WHEREAS, the Engineering Division has recommended that the improvements covering the Riverside Drive River Trail Project as included in a contract between the City of Iowa City and All American Concrete, Inc. of North Liberty, Iowa, dated April 11, 1994, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said improvements be hereby accepted by the City of Iowa City, Iowa. Passed and approved this 14th day of T,,,,p , 1994. AYOR by ATTEST: CIT LERK City Attorney's Office It was moved by Novick and seconded by TLr-pgmru„i �the Resolution be adopted, and upon roll call there were: pweng\rMm1.rw AYES: NAYS: ABSENT: x Baker g Horowitz X Kubby X Lehman X Novick % Pigott Throgmorton 201 RESOLUTION NO. 94-202 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, REINFORCED CONCRETE BOX CULVERT AND PAVING PUBLIC IMPROVEMENTS FOR WALNUT RIDGE, PART 3, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Walnut Ridge, Part 3, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Reinforced concrete box culvert improvements for Walnut Ridge, Part 3, as construct- ed by Iowa Bridge & Culvert, Inc. of Washington, Iowa. Paving improvements for Walnut Ridge, Part 3, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 14th_ day of T,,.,P 1994. )2,- AYE Approved y ATTEST:qua� 91 • 9f'� ri��✓,�iG9�� C T CLERK C ty Attorney's Office It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz Kubby Lehman X Novick X Pigott X Throgmorton pweng%walnutrd.res 20Z RESOLUTION NO. 94-203 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINES, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR SOUTH POINTE ADDITION, PART 1, AND DECLARING PUBLIC IMPROVE- MENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, tile lines and water main improvements for South Pointe Addition, Part 1, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for South Pointe Addition, Part 1, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Passed and approved this 14th day of June , 1994• JOR �,4 / Approved hv ATTEST: CIT�CLERK ity Attorney's Office rp��jr It was moved by Novick and seconded by Tb,,RMnrrnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton pweng\spointel .res 26 v t«s RESOLUTION NO. 94-204 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding to provide shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for the homeless in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding in the amount of $56,310 available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, and Youth Homes, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement for Iowa Emergency Shelter Grants Program funding, a copy of which is on file in the City Clerk's office, is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for Iowa Emergency Grants Program funding. Passed and approved this 14th day of June 1994. •a n -� �7r. f� 1 D'Y�r-t> a ter. ,MAYOR Approved by ATTEST:% �.u.� �i • 9 f�n� ^ CITY CLERK City Attorney's Office 0 It was moved by u ,,; U and seconded by Throemorton the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X jccoghslresolutnlagt-ided. res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Zb� RESOLUTION NO. 94-204 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding to provide shelter services for homeless people in Iowa; and WHEREAS, the City of, Iowa City deems it in the public interest to support services for the homeless in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding in the amount of $56,310 available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, and Youth Homes, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA THAT: 1. The Agreement for Iowa Emergency Shelter Grants Program funding, a copy of which is on file in the City Clerk's office, is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for Iowa Emergency Grants Program funding. Passed and approved this 14th day of June 1994. il• ATTEST: 24� ,z �C CITY- CLERK Approved by . l� ._ ?c3 -L -- City .-City Attorney's Office 6 -$ - 7'y It was moved by Novick and seconded by Throemnrtnn the Resolution be adopted, and upon roll call there were: AYES: jccoghstresolutnlagt-ided. res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Z-04 RESOLUTION NO. 94-204 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding to provide shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for the homeless in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding in the amount of $56,310 available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, and Youth Homes, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement for Iowa Emergency Shelter Grants Program funding, a copy of which is on file in the City Clerk's office, is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for Iowa Emergency Grants Program funding. Passed and approved this 14th days of June 1994. ATTEST:�%2u�J CITY -CLERK MAYOR Approved by 1E.4z - L� City Attorney's Office 6 _g - 9 y It was moved by Novick and seconded by Throumorton the Resolution be adopted, and upon roll call there were: AYES: X 7 X X X X X jccoghsVesolutnlagt-ided. res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton aof Rp� a,L RESOLUTION NO. 94-205 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE EMERGENCY HOUSING PROJECT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Emergency Housing Project is an agency which provides emergency shelter and related assistance to homeless individuals; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, and Youth Homes, Inc.; and WHEREAS, the Emergency Housing Program's funding Agreement incorporates the Agreement between the City and the Iowa State Department of Economic Development (ES -94-013), approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement for Iowa Emergency Shelter Grants Program funding of the Emergency Housing Project, a copy of which is on file in the City Clerk's Office, is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Emergency Shelter Grants Program Agreement for the. Emergency Housing Project. Passed and approved this 14th day of June , 1994. ATTEST: 242L�9r• CI CLERK j cco ghs\resolutn\eh p.esg MAYOR Approved by City Attorney's Office W Resolution No. 94-205 Page 2 It was moved by Nov; ok and seconded by Th,,gm,,, the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker x_ Horowitz g Kubby g Lehman g Novick Pigott x Throgmorton 205 RESOLUTION NO. 94-206 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE DOMESTIC VIOLENCE INTERVENTION PROGRAM FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Domestic Violence Intervention Program is an agency which provides emergency shelter and related assistance to those who are homeless because of domestic violence; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, and Youth Homes, Inc.; and WHEREAS, the Domestic Violence Intervention Program's funding Agreement incorporates the Agreement between the City and the Iowa State Department of Economic Development (ES -94- 013), approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement for Iowa Emergency Shelter Grants Program funding of the Domestic Violence Intervention Program, a copy of which is on file in the City Clerk's Office, is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Iowa Emergency Shelter Grants Program Agreement for the Domestic Violence Intervention Program. Passed and approved this 14th day of 1994. i MAYOR Approved by ATTEST: //l2Lca� 9�• .vs/ /4 L7- CI LERK City Attorney's Office jccoghs\resolutn\dvip. esg 2016 Resolution No. oi_�nc Page 2 It was moved by Nnvirk and seconded by the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: X Baker x Horowitz g Kubby g Lehman X Novick v Pigott v Throgmorton r 2.a-4 0 RESOLUTION NO. 94-207 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND YOUTH HOMES, INC. FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, Youth Homes, Inc. is an agency which provides emergency shelter and related assistance to homeless youth; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, and Youth Homes, Inc.; and WHEREAS, the Youth Homes, Inc.'s funding Agreement incorporates the Agreement between the City and the Iowa State Department of Economic Development (ES -94-013), approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement for Iowa Emergency Shelter Grants Program funding of Youth Homes, Inc., a copy of which is on file in the City Clerk's Office, is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Emergency Shelter Grants Program Agreement for Youth Homes, Inc. Passed and approved this 14th day of June , 1994. /MAYOR ATTEST: / / 12uQ� C CI CLERK 1ccog hs\resol utn\yh i.esg Approved by City Attorney's Office 267 Resolution No. o4_on-7 Page 2 It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: g Baker X Horowitz X Kubby y_ Lehman _x Novick x Pigott g Throgmorton Zai RESOLUTION NO. 94-208 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXI- MATE 18.6 ACRE TRACT OF LAND LOCATED SOUTH OF THE IOWA CITY CORPORATE LIMITS, NORTH OF ROHRET ROAD AND EAST OF SLOTHOWER ROAD. WHEREAS, Dean Oakes Construction Co. and Hodge Development Co. own an approximate 18.6 acre tract of land located south of the Iowa City corporate limits, north of Rohret Road and east of Slothower Road; and WHEREAS, Dean Oakes Construction Co. and Hodge Development Co. have requested annexation of their land into the City of Iowa City, Iowa; and WHEREAS, this tract is contiguous to the corporate limits of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following -described land shall be voluntarily annexed to the City of Iowa City, Iowa: Commencing at the Northeast Corner of Section 24, Township 79 North, Range 7 West of the 5th Principal Meridian; Thence S89048'43"W, on the North line of said Section 24, a distance of 952.34 feet to the Centerline of a County Road, also being the Point of Beginning; Thence S66154'25"W, 51.72 feet on said Centerline; Thence S66036'52"W, 52.57 feet on said Centerline; Thence S60003'01 "W, 88.13 feeton said Centerline; Thence S59032'48"W, 172.96 feet on said Centerline; Thence S59020'00"W, 926.42 feet on said Centerline; Thence S59020'47"W, 653.90 feet on said Centerline to the West line of the Northeast Quarter of said Section 24; Thence N00042'23"W, 973.23 feet on the West line of the Northeast Quarter of said Section 24 to the North Quarter Corner of said Section 24; Thence N89148'43"E, 1692.69 feet on the North line of said Section 24 to the Point of Beginning. Said tract of land containing 18.60 acres. 2. As required by Iowa Code 3 368.7 (1993), the City Clerk is hereby directed to certify a copy of the Resolution and to file the Resolution, map and legal description of the above-described property with the Secretary of State, Johnson County Board of Supervisors, each affected public utility, and the State Department of Transportation. The City Clerk is further directed to record the Resolution, legal description and map with the Johnson County Recorder. nw, Resolution No. 94-208 Page 2 Passed and approved this 14rh day of 1994. MAYOR Approved by ATTEST: CIT ? -CLERK City Attorney's Offi e 4 -J -9y It was moved by Nonick and seconded by Thrmmmnrt-nn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Baker x Horowitz X— Kubby x Lehman x Novick Pigott x Throgmorton p pd adm i nkro hsl ot. res MI RESOLUTION NO. 94-209 RESOLUTION ESTABLISHING A FEE FOR MINOR MODIFICATION APPLICA- TIONS WHEREAS, the City Council amended Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa, entitled "Zoning," by establishing a procedure for requesting minor modifications from the requirements of the Zoning Ordinance; and WHEREAS, a fee is necessary to offset the administrative costs associated with the minor modification procedure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the minor modification application fee shall be $30.00. Passed and approved this 14th day of June 1994. MAYOR Approved by ATTEST:) 77 • 7.(r/ / 1 %�a�au�— CITY -CLERK City Attorney's Offi e 6 -F---7V It was moved by Baker and seconded by Pigott the Resolution be adopted, and upon roll call there were: hisadmlmodfee.res AYES: NAYS: ABSENT: x Baker X Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton Zn7 RESOLUTION NO. 94-210 RESOLUTION TO SEVER AN APPROXIMATE 95 ACRE TRACT OF LAND LOCATED IN THE NORTHWEST CORNER OF IOWA CITY, IMMEDIATELY SOUTH OF THE IOWA INTERSTATE RAILWAY. WHEREAS, Reese F. Greer owns property legally described as follows: Point of beginning at the center of the Northeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M., thence south along the east line of the west half of the Northeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M., thence west along the south line of the west half of the Northeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M. to a point where the southwest corner of the west half of the Northeast Quarter, Township 79 North, Range 7 West of the 5th P.M. and the Southeast corner of the Northwest Quarter, Township 79 North, Range 7 West of the 5th P.M. do meet, thence north along the west line of the west half of the Northeast Quarter to a point where the northwest corner of the Southwest Quarter of the Northeast Quarter, thence north 404.25 feet, thence west 308.22 feet, thence north 1677.39 feet to a point on the south right-of-way line of Heartland Rail Corp., thence southeasterly along said south line of said right-of-way to a point on the east line of the Northwest Quarter of the Northeast Quarter, Township 79 North, Range 7 West of the 5th P.M., thence south to the point of beginning WHEREAS, Reese F. Greer has requested that this 95 acre tract of land be severed from the City of Iowa City and annexed into the City of Coralville; and WHEREAS, the City of Iowa City is unable to provide full municipal services for this property at this time; and WHEREAS, the portion of the subject property located south of Clear Creek is in an environmentally sensitive area containing wetlands, floodplains, steep slopes and woodlands; and WHEREAS, development of that portion of the subject property may affect other properties remaining in the corporate limits of the City of Iowa City; and WHEREAS, the City of Coralville has agreed to allow the City of Iowa City to review and approve all rezoning and subdivision proposals on the portion of the subject property lying south of Clear Creek; and WHEREAS, no public facilities are located on the subject property and, therefore, the City does not need to distribute assets or liabilities. ago Resolution No. 94-210 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The property legally described above is hereby severed from the City of Iowa City subject to annexation of the entire tract by the City of Coralville and execution of a 28E agreement by the City of Coralville and the City of Iowa City granting the City of Iowa City the authority to review and approve all zoning and subdivision proposals on the portion of the subject property located south of Clear Creek. 2. As required by Iowa Code § 368.8 (1993), the City Clerk is hereby directed to certify a copy of this Resolution and to file a copy of the Resolution, map and a legal description of the territory involved with the Johnson County Board of Supervisors, the Iowa Department of Transportation, and the Secretary of State. The City Clerk is. further directed to record a copy of the map and Resolution with the Johnson County Recorder. Passed and approved this 14th day of June , 1994. AJ_" age 'MAYOR • .. . —7�) ATTEST: &a.4e J 9Y/J CITY -CLERK City Attorney's Office 3 - 9Y It was moved by Novick and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman _ Novick Pigott X Throgmorton ppdedrninNs r.= ago ago a RESOLUTION NO. 94-211 RESOLUTION APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY ALLOWING THE CITY OF IOWA CITY TO REVIEW AND APPROVE ZONING AND SUBDIVISION PROPOS- ALS ON PROPERTY FORMERLY IN THE CORPORATE LIMITS OF IOWA CITY. WHEREAS, Reese F. Greer owns approximately 95 acres of land located in northwest Iowa City; and WHEREAS, Mr. Greer has requested that the 95 acres of land be severed from the City of Iowa City and annexed into the City of Coralville; and WHEREAS, the portion of the property located south of Clear Creek is an environmentally sensitive area potentially containing wetlands, floodplain and woodland; and WHEREAS, development of that portion of the property may affect other properties remaining within the corporate limits of the City of Iowa City; and WHEREAS, pursuant to Chapter 28E, Code of Iowa (1993), any power or authority exercised by a public agency may be exercised jointly with any other public agency; and WHEREAS, the City of Coralville has agreed to allow Iowa City to review and approve all rezoning and subdivision proposals on the portion of the subject property lying south of Clear Creek. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute the Chapter 28E agreement with the City of Coralville, which is attached hereto and incorporated by this reference. Said agreement is hereby approved as to form and content, and is found to be in the best interest of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to record a certified copy of this resolution, with the executed agreement attached, in the Johnson County Recorder's Office and to file a copy of the Resolution and Agreement with the Secretary of State, as required by Chapter 28E, Code of Iowa (1993). The Clerk is directed to request a copy of the return recorded document for the permanent file maintained by the City Clerk. Passed and approved this 14th day of June 1994. MAYOR Approved by ATTEST: z4aa��-- CITY�CL.ERK City Attorney's Offic ppdadmin\greer.res 2.1 1 Resolution No. Page 2 It was moved by Kilhhy and seconded by v+g„rr the Resolution be adopted, and upon ro4 call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton ZI I DRAFT 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY ALLOWING THE CITY OF IOWA CITY TO REVIEW ZONING AND DEVELOP- MENT OF PROPERTY FORMERLY LOCATED IN THE CORPORATE LIMITS OF THE CITY OF IOWA CITY. THIS AGREEMENT is entered into pursuant to Chapter 28E, Code of Iowa (1993) by the City of Coralville, Iowa (hereafter "Coralville") and the City of Iowa City, Iowa (hereafter "Iowa City"). WHEREAS, Reese F. Greer owns property legally described as follows: Point of beginning at the center of the Northeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M., thence south along the east line of the west half of the Northeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M., thence west along the south line of the west half of the Northeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M. to a point where the southwest comer of the west half of the Northeast Quarter, Township 79 North, Range 7 West of the 5th P.M. and the Southeast corner of the Northwest Quarter, Township 79 North, Range 7 West of the 5th P.M. do meet, thence north along the west line of the west half of the Northeast Quarter to a point where the northwest comer of the Southwest Quarter of the Northeast Quarter, thence north 404.25 feet, thence west 308.22 feet, thence north 1677.39 feet to a point on the south right-of-way line of Heartland Rail Corp., thence southeasterly along said south line of said right-of-way to a point on the east line of the Northwest Quarter of the Northeast Quarter, Township 79 North, Range 7 West of the 5th P.M., thence south to the point of beginning WHEREAS, Mr. Greer has requested that the approximate 95 acres of land located in northwest Iowa City be severed from Iowa City and annexed into the City of Coralville; and WHEREAS, the portion of the subject property located south of Clear Creek contains environmentally sensitive features which may include wetlands, woodlands and floodplains; and WHEREAS, development of this property may affect adjacent properties remaining in the corporate limits of Iowa City; and WHEREAS, Coralville and Iowa City desire to enter into an agreement allowing Iowa City to review rezoning and subdivision proposals pertaining to the portion of the subject property located south of Clear Creek, as specifically contemplated in Chapter 28E, Code. NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS SET FORTH HEREIN, THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY AGREE AS FOLLOWS: Coralville will zone the portion of the above-described property located south of Clear Creek, R -I, Residential, upon annexation of the property into the City of Coralville. 2. All proposals submitted to Coralville requesting Coralville to rezone the subject property from Coralville's zoning classification of R-1, Residential, to any other zoning classifica- tion will be submitted to the City of Iowa City for review and approval. No rezoning requests from R-1 to any other zoning designation shall be approved without approval of the City Council of Iowa City. ZII 3. All proposals submitted to Coralville to subdivide the subject property shall be submitted to the City of Iowa City for review and approval. No subdivision of the subject property shall be approved without the approval of the City Council of Iowa City. 4. The standards and conditions applied by Iowa City for review and approval of rezoning and subdivision proposals shall be the same standards and conditions used for review and approval of rezoning requests and subdivisions in the Iowa City corporate limits. 5. This agreement shall remain effective as long as the subject property remains in the Coralville corporate limits or until the Agreement is cancelled or modified by joint agreement of the Coralville City Council and the Iowa City City Council. 6. This agreement shall be recorded in the Johnson County Recorder's Office and Secretary of State's Office as provided by Chapter 28E, Code of Iowa (1993), with each party sharing one-half of the recording cost. Executed with approval and on behalf of the City of Coralville and the City of Iowa City this _ _ day of , 1994. CITY OF CORALVILLE CITY OF IOWA CITY Mayor, City of Coralville ATTEST: CITY. CLERK STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Susan M. Horowitz, Mayor ATTEST: City Clerk Approved by City Attorney's Office _ s - 9y/ On this day of , 1994, before me, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say 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 Resolution No. passed by the City Council on the day of , 1994, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 1994, before me, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Coralville, 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 Resolution No. passed by the City Council on the day of , 1994, and that and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa ppdadmin\greer.28E Z1 1 �\N RESOLUTION NO. 44_919 RESOLUTION APPROVING THE PRELIMINARY PLAT OF KENNEDY'S WATER- FRONT ADDITION, PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, Paul M. Kennedy, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Kennedy's Waterfront Addition, Part Three; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat, subject to the legal papers for the final plat addressing the need to provide sanitary sewer service and extend Southgate Avenue;and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Kennedy's Waterfront Addition, Part Three, Iowa City, Iowa, is hereby approved, subject to the legal papers for the final plat addressing the need to provide sanitary sewer service and to extend Southgate Avenue. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 14th day of Jane , 1994• MAYOR Approved by ATTEST: CIT CLERK It was moved by Pigott and seconded by adopted, and upon roll call there were: ppdadmin\kennedy.ms AYES: X X X X. X X X NAYS: Res -?r-- City Attorney's Offic Lehman the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Z,IZ RESOLUTION NO. 94-211 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATE TRANSPORTATION ENHANCEMENT FUNDS WHEREAS, the City of Iowa City adopted the River Corridor Trail Plan on November 23, 1993; and WHEREAS, the Iowa River Corridor Trail Plan calls for implementation of the Iowa River Corridor Trail within Iowa City; and WHEREAS, Iowa DOT has made funds available for trail projects through the Transportation Enhancement Program of ISTEA; and WHEREAS, state Transportation Enhancement funds would allow completion of the initial phase of the Iowa River Corridor Trail. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. Staff is authorized to submit an application to Iowa DOT for Transportation Enhance- ment funds. 2. Staff is authorized to file any additional documentation that is required by Iowa DOT. Passed and approved this 14th day of June , 1994• ATTEST: �ea� 9� • 9C�� CITY -CLERK ' Z Ei19.% _ Approved QCity Attorney's Office It was moved by Thrngmnrtnn and seconded by p; gnrr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker x Horowitz g Kubby g Lehman g Novick X Pigott Throgmorton iccogtp\enhance.res Zl3 A �`, - 19e0 O?r- Kubby introduced the following Resolution entitled "PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF PAVING AND SANITARY SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA", and moved its adoption. Novick seconded the motion to adopt. The roll was called and the vote was, NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No. 94-214 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF PAVING AND SANITARY SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necesgary and desirable that Portland cement concrete paving and sanitary sewer be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A., That Iowa City, Iowa, construct Portland cement concrete paving and sanitary sewer, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: Maiden Lane - Prentiss Street to Ralston Creek Improvements consist of 7 -inch thick Portland Cement Concrete pavement with 6 -inch integral curb for a 25 -foot wide access drive and 18 -foot wide parking areas and appurtenances; together with grading, storm sewers, building downspout interceptors, street lighting, sidewalks, tree islands, ornamental sidewalk delineation, trees, 8 -inch diameter sanitary sewer extension with 4 -inch diameter sanitary service lines, surface restoration and miscellaneous related work. -2- AHLEn COONEY. DORWEILER. HAYNIE. SMITH d ALLBEE. P.C. ATTORNEYS AT uw ou YOIMCI. IOWA 214 Maiden Lane - Ralston Creek to Court Street Improvements consist of 7 -inch thick Portland Cement Concrete pavement with 6 -inch integral curb for a 24 -foot wide access drive and 18 -foot wide parking areas and appurtenances; together with grading, storm sewers, building downspout interceptors, sidewalks, street lighting, tree islands, ornamental sidewalk delineation, trees, surface restoration and miscellaneous related work. Subdivision C. That MMS Consultants Inc. of Iowa City, Iowa, having been employed as Engineers to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk preliminary plans and specifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D., That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: The area to be assessed for paving includes all privately owned property abutting the Maiden Lane right-of-way between the southerly right-of-way line of Court Street and the northerly right-of-way line of Prentiss Street. The area to be assessed for sanitary sewer includes all privately owned property abutting the easterly Maiden Lane right-of-way between the south top -of -bank of Ralston Creek and the northerly right-of-way of Prentiss Street. Subdivision E. The said improvement shall be designated as the "Maiden Lane Paving and Sanitary Sewer Assessment Project", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND APPROVED this /4 +� day of un 1994. ATTEST: Clerk M�Lyor -3- AHLERS. COOAEY. DORR•EILER. HAYNIE. SMITH & ALLBEE, P.C. ATTORNEY{AT IAM OEM MOINES IOWA 2i4 Kubby introduced the following Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and moved its adoption. Novick seconded the motion to adopt. The roll was called and the vote was, riVIIIIIIIWAM.W1111111 NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No. 94-215 RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the Maiden Lane Paving and Sanitary Sewer Assessment Project, said valuation being set forth in a preliminary schedule entitled "Preliminary Assessment Schedulg", under the column therein headed "Valuation As Fixed By Council": NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boundaries of said improvements and the -Clerk is hereby directed to forthwith deliver the same to MMS Consultants Inc., the Engineers, for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED, this 7 At -h day of 1994. .. ayor ATTEST: AHLERS. GOONEY, DORWEILER, HAYNIE. SMITH & ALLBEE, P.C. ATTORNEYS AT W DES MOINES IOWA 2 [S Kubby introduced the following Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE MAIDEN LANE PAVING AND SANITARY SEWER ASSESSMENT PROJECT" and moved its adoption. Throgmorton seconded the motion to adopt. The roll was called and the vote was, AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker. Horowitz NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No. 94-216 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE MAIDEN LANE PA -TING AND SANITARY SEWER ASSESSMENT PROJECT WHEREAS, this Council has caused to be prepared preliminary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the Maiden Lane Paving and Sanitary Sewer Assessment Project, and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, the Council finds that each lot separately assessed in the schedule of assessments meets the definition of a lot as described in Iowa Code Section 384.37(10) or in -the case of lots consisting of multiple parcels that the parcels have been assembled into a single unit for the purpose of use or development; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and specifications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. -5- AHLERS. GOONEY, DORWEILER. HAYNIE. SMITH d ALLBEE, P.C. ATTO.NCTC AT LAW DCI W.C.MIOWA BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer plat, be and the same are hereby fixed as the boundaries for said Maiden Lane Paving and Sanitary Sewer Assessment Project. PASSED AND APPROVED, this — day of jw,( , 1994. ATTEST: am AHLERS, CDONEY, DORWEILER HAYNIE, SMITH A ALLBEE, PC AnOANFv AT uw ou MGIN[II IOWA I / Kubbv introduced the following Resolution entitled "RESOLUTION OF NECESSITY (PROPOSED)", and moved its adoption. Lehman seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman , Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No. 94-217 RESOLUTION OF NECESSITY (PROPOSED) WHEREAS, preliminary plans and specifications and plat -and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the District, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used; and an estimate of the amount proposed to be assessed against each lot, for the construction of the Maiden Lane Paving and Sanitary Sewer Assessment project, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct a's a single improvement the Maiden Lane Paving and 'Sanitary Sewer Assessment Project, in Iowa City, Iowa. Said District containing the properties to be assessed is set out and described in the following 11Notice to Property Owners", set out in this Resolution. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution. The method of construction shall be by contract. Costs of said improvements will be assessed to the properties within the boundaries of the District. No property shall be assessed more than it is benefited by the improvements nor more than 250 of its value on the date of its assessment. Said -7- AHLERS COONEY, DORTEILER. HAYNIE. SMITH 6 AUSEE. If ATTO*NETS AT LAW DEB MOINES IOWA 2/� assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City. Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT"FURTHER RESOLVED, that this Council meet at 7:30 o'clock P.M., on the 5th day of July , 1994, in the Council Chambers, Civic Center, for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. unless a property owner files objections with the Clerk at the time of the hearing on this Resolution, he shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using special assessment procedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this Resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substantially the following form: ME AHLERS. COONEY, DORWEILER. HAYNIE. SMITH Q ALLBEE. P.C. ATTGEMETE AT uW DEG MOINES IOWA 21q .NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolu- tion of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the District as approved by the Council of Iowa City, Iowa, for a paving and sanitary sewer improvement, designated as the Maiden Lane Paving and Sanitary Sewer Assess- ment Project, of the types and in the location as follows: Maiden Lane - Prentiss Street to Ralston Creek Improvements consist of 7 -inch thick Portland Cement Concrete pavement with 6 -inch integral curb for a 25 -foot wide access drive and 18 -foot wide park- ing areas and appurtenances; together with grading, storm sewers, building downspout interceptors, street lighting, sidewalks, tree islands, ornamental side- walk delineation, trees, 8 -inch diameter sanitary sewer extension with 4 -inch diameter sanitary service lines, surface restoration and miscellaneous related work. Maiden Lane - Ralston Creek to Court Street Improvements consist of 7 -inch thick Portland Cement . Concrete pavement with 6 -inch integral curb for a 24 -foot wide access drive and 18 -foot wide park- ing areas and appurtenances; together with grading, storm sewers,- building downspout interceptors, sidewalks, street lighting, tree islands, ornamental side- walk delineation, trees, surface resto- ration and miscellaneous related work. That the proposed District to be benefited and. subject to assessment for the cost of such im- provements is described as follows: The area to be assessed for paving includes all privately owned property abutting the Maiden Lane right-of-way between the southerly right-of-way line of Court Street and the northerly right-of- way line of Prentiss Street. The area to be assessed for sanitary sewer includes all privately,owned prop- erty abutting the easterly Maiden Lane right-of-way between the south top -of - bank of Ralston Creek and the northerly right-of-way of Prentiss Street. Z17 z The Council will meet at 7:30 o'clock P.M. on the 5th day of July, 1994, at the Council Cham- bers, Civic Center, Iowa City, Iowa, at which time the owners of the property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the District, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolu- tion of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. derftpo7-5. Ziff INTRODUCED AND PROPOSED at a meeting held an the 14L day of Mune_ , 1994. ATTEST: c107140311.fn noc AH= 00 NU,, MRWEIU & HMM SWM & ALUM M AP XHMATuW a1HoIHt.JaWA 2[I RESOLUTION NO. 94-218 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA AVENUE SENIOR CENTER PARKING LOT RETAINING WALL AND RAIL IMPROVEMENT PROJECT. WHEREAS, All American Concrete, Inc. of North Liberty, Iowa, has submitted the lowest responsible bid of $34,462.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to All American Concrete, Inc. of North Liberty, Iowa, subject to the condition that.awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 14th day of ,Tune 1994. ATTEST:Ap�ucri� CITY CLERK Appr ve y ity Attorney's Office $� It was moved by V1 ,.r;,k and seconded by Tlhrngmnrtnn the Resolution be adopted, and upon roll call there were: AYES:. NAYS: ABSENT: Baker Horowitz Kubby x Lehman g Novick g Pigott g Throgmorton pwengNret all.res 2lb SUN 1 1 fc ; RESOLUTION NO. 94-219 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE RELATIVE TO THE EMERGENCY WATERSHED PROTECTION PROGRAM FOR CERTAIN REPAIRS ADJACENT TO RALSTON CREEK CAUSED BY THE FLOOD OF 1993. WHEREAS, portions of Ralston Creek were damaged during the flood of 1993, including that portion adjacent to the Chi Omega House at 12 N. Lucas Street; and WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the United States Department of Agriculture Soil Conservation Service, a copy of said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS; the City Council deems it in the public interest to enter into said agreement with the United States Department of Agriculture Soil Conservation Service relative to the Emergency Watershed Protection Program for certain repairs adjacent to Ralston Creek caused by the flood of 1993, more specifically adjacent to the Chi Omega House on N. Lucas Street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Agreement on behalf of the City. Passed and approved this 14th day of 1;,N 1994• � �L 4ri` ����� iii • • ATTEST: 7 /J App oved by i?u� f' 9��.✓ CITY CLERK ity Attorney's Office It was moved by Novi rk and seconded by yubby _ the Resolution be adopted, and upon roll call there were: pweng\wa mhed.res AYES: NAYS: ABSENT: X Baker --r— Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton 2i'q EXHIBIT C State Iowa REIMBURSABLE AND COOPERATIVE AND OPERATION AND MAINTENANCE AGREEMENT For Exigency Measures UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE THIS AGREEMENT, made this --2*7 day of w„ P 1994, by and between, the City of Iowa City, Johnson County, Iowa, called the Sponsors or Cooperators; and the Soil Conservation Service, United States Department of Agriculture, called SCS. WITNESSETH THAT: WHEREAS, under the provisions of the Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, the Sponsors and SCS agree to a plan which provides for restoration of certain works listed in Section A.: NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsors and SCS do hereby agree as follows: A. It is agreed that the following described work is to be constructed at an estimated cost of $43,500. Streambank stabilization, DSR 364-06. B. The Sponsors will: 1. Provide 20 percent of the cost of constructing the works of improvement described in Section A. This cost to the Sponsor is estimated to be.$8,700. 2. Reimburse the SCS 20 percent of the cost of the construction contract payments made to the contractor. Payment is due and payable upon receipt of a bill from SCS with evidence contract payment has been made. Payments must be received within 30 calendar days from the date of billing. Payment received after the due date will be considered late payment. For such late payments, interest will accrue on the unpaid amount at a percentage rate based on the current value of funds to the U.S. Treasury for each 30 -day period or portion thereof that payment is delayed. Zr9 page 2 of 4 3. Accept all financial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaining adequate land and water rights, permits, and licenses needed for the works of improvement described in Section A. 4. Review and approve the plan for the work described in"Section A. S. Provide certification (sign -ADS -78) that real property rights have been obtained for installation of planned measures. 6. Upon acceptance of the work by SCS from the contractor, assume responsibility for operation and maintenance. 7. If applicable, complete the attached "Clean Air and Water Certification" and comply with the attached "Clean Air and Water Clause". 8. Upon completion of emergency protection measures and the elimination of the threat, the sponsors will take action, if needed, to bring the measures up to reasonable standards by other means and/or authority. Unless the measures are brought up to reasonable standards, the sponsors will not be eligible for future funding under the emergency watershed protection program. C. SCS will: 1. Provide 80 percent of the cost of constructing the works of improvement described in Section A. This cost to SCS is estimated to be $34,800. 2. Contract for the construction of the works of improvement described in Section A in accordance with Federal Acquisition Regulations. 3. Provide authorized technical services, including but not limited to obtaining basic information; preparation of contracts, drawings, and designs; contract administration; and quality assurance during installation. page 3 of 4 4. Arrange for and conduct final inspection of the completed works of improvement with the Sponsors to determine whether all work has been performed in accordance with the contractual requirements. Accept work from the contractor; notify the Sponsors of acceptance; and turn over the accepted works to the sponsors. D. It is mutually agreed that: 1. No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 2. The furnishing of financial and other assistance by SCS is contingent on the availability of funds appropriated by Congress from which payment may be made and shall not obligate SCS upon failure of the Congress to appropriate funds. 3. SCS may terminate this agreement in whole or in part when it is determined by SCS that the Sponsors have failed to comply with any of the conditions of this agreement. SCS shall promptly notify the Sponsors in writing of the determination and reasons for the termination, together with the effective date. Payments or recoveries made by SCS under this termination shall be in accord with the legal rights and liabilities of SCS and the Sponsors. 4. This agreement may be temporarily suspended by SCS if it determines that corrective action by the Sponsors is needed to meet the provisions of this agreement. Further, SCS may suspend this agreement when it is evident that a termination is pending. 5. The program or activities conducted under this agreement will be in compliance with the nondiscrimination provisions contained in the Titles VI and VII of the Civil Rights Restoration Act of 1987 (Public Law 100-259); and other nondiscrimination statutes, namely: Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and the Age Discrimination Act of 1975. They will also be in 2(7 page 4 of 4 accordance with the regulations of the Secretary of Agriculture (7CGR-15, Subparts A & B), which provide that no person in the United States shall on the grounds of race, color, national origin, age, sex, religion, marital status, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance from the Department of Agriculture or any agency thereof. CITY OF IOWA CITY By: 0 ( This action is authorized -��" at an official meeting of Title: _ /7U- er--- the Town Ci t;z Connri 1 on the 14th day of Date: Jimp 14 1994 .Tine , at Towa City_ Towa UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVA TOOT SERVICE ' Approved By Title: State Conservationist Date: 7-9el' CRY Momey'sOfflce Zt9 U.S. D,parsmcnt of Aariculturc Sail Consmatlon Scrvtcc x% ,c 'A f pAI ASSURANCES RELATING TO jb,i 22 REAL PROPERTY ACQUISITION A. PURPOSE — This form Is to be used by sponsors) to provide the assurances to the Soil Conservation Service of the U.S. Department of Agriculture which Is required in connection with the installation of project measures which Involve Federal financial assistance furnished by the Soil Conservation Service. g, PROJECT MEASURES COVERF,D — Name of project Emergency Watershed :'r'otection Program; Site No. 364-06 identity of Improvement or development Ralston Creek - Iowa City, Iowa Location north of Iowa Avenue. h t Qf Lucas Street C. REAL PROPERTY ACQUISITION ASSURANCE — This assurance Is applicable if real property Interests were acquired for the installation of project measures, and/or If persons, businesses, or farm operations were displaced as a result of such installation; and this assurance was not previously provided for In the watershed, proJect measure, or other type llD If this assurance was not Previously provided, the undersigned sponsor(s) hereby assures they have complied, to the extent practicable under State law, with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. 4601.4655), as implemented In 7 C.F.R. Part 21. Any exceptions uisition requitements under the authority of 42 U.S.C. 4655 because of State taken from the teal property acq law have been or ISOfficer of the State ereby furnishe ping a full discud to the ssion of the facts il con Service ohe opinion of the Legal and law (urnishedng with � D. ASSURANCE OF ADEQUACY OF REAL PROPERTY 11I01.ITS — The undersigned sponsor(s) hereby assures that adequate real property rights and Interests, water rights i applicable, permits and licenses required by Federal, State, and local law, ordinance or regulation, and relater actions have been taken to obtain the legal right to Install, operate, maintain, and Inspect the above -describe, project measures, except for structures or improvements that are to be removed, relocated, modified, a salvaged before and/or during the installation process. This assurance is given with the knowledge that sponsor(s) arc responsible for any excess costs or other const quences In the event the real property rights ase found to be Inadequate during the Installation process. Furthermore, this assurance is supported by an attorney's opinion attached hereto that certifies an examinatie of the real property Instruments and riles was made and they were fouacquired. d topr vide adequate title, right, pc mission and authority for the purposc(s) for which the property vas q r z(I r N 2- If any of the real property rights or Interests were obtained by condemnation (eminent domain) proceedings. sponsor(s) further assure and agree to prosecute the proceedings to a final conclusion and pay such damages Is awarded by the court. City of Iowa City (None of Sponsor) By: c Title: T�yor Date: June 14, 1994 (None of Sponsor) 0 This action authorized at an official meeting of the Iowa City Cnnnril on 14th dayof TllnP 1994 al__ T„„P r,+;z Slate of T=n Attest:_ (None) (Title) This action authorized Ran official meeting Title: day Date: at State of on Attest: (Name) (Title) 19— Attest: 9 , 211 PERIRT FOR EMERGENCY WATERSIIED PROTECTION (ENP) juN 2 2 i9 The undersigned landowners hereby grant permission to the City of Iowa City and/or their agents to enter upon our land for the purpose of repairing the flood damage of __ embankment eros' n (Item Impaired) on/of Ralston Creek (Name of Channel or Watershed) This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergnecy watershed protection work necessitated by the flood of 1 dQi ' Date This permit also includes the right of ingress And egress on the land for the purpose of maintaining the emergency works for the period of 1 yeAr from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. Signed Date signed Date Psi Beta House Corporation of Chi Omega Sorority By &AVJjJune j 1994 By. ynette La cial, Pretie pnt 1994 Nancy Fo er, Treasurer 2(q ON PER11iT FOR EMERGENCY WATERSHED PROTECTION (ENP) The undersigned landowners hereby grant permission to the City of Iowa City and/or their agents to enter upon our land For the purpose of repairing the flood damage of _ embankment erosion (Item Impaired) on/of Ralston Creek (Name of Channel or Watershed) This permit included the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergnecy watershed protection work necessitated by the flood of Date This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 yedr from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. Signed Date Signed Date Govern r Properties .Tana 6 „ 1994 LVV'e'to wards,partner / B 'sa ne 1994 Larry Rigler, Partner 2tj N t Yt 1 11°� 'ON CREEK — IOWA CITY yb SITE NO. 364-06 '6 1NSON COUNTY, IOWA $ LANDRIGHTS MAP ° DEPARTMENT OF MRIU LTME 'CONSERVATION SERVICE 10/9 Wronger______________ RESOLUTION NO. o6_?,)n RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GOVERNOR PROPERTIES AND PSI BETA HOUSE CORPORATION OF CHI OMEGA RELATIVE TO FUNDING AND MAINTENANCE RESPONSIBILITIES IN REGARDS TO THE EMERGENCY WATERSHED PROTECTION PROGRAM FOR CERTAIN REPAIRS TO RALSTON CREEK CAUSED BY THE FLOOD OF 1993. WHEREAS, portions of Ralston Creek were damaged during the flood of 1993, including that portion adjacent to the Chi Omega House at 12 N. Lucas Street; and WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Governor Properties and Psi Beta House Corporation of Chi Omega, whereby the City transfers its obligations to Governor Properties and Chi Omega Sorority; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with Governor Properties and Psi Beta House Corporation of Chi Omega relative to the Emergency Watershed Protection Program for repairs adjacent to Ralston Creek caused by the flood of 1993. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Agreement. Passed and approved this 14th day of June 1994. ATTEST: 9S • &� CIT LERK 1. 'O����. Approve y CK/'� _ / C ty Attorney's Office 6/K It was moved by T.Fhma, and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton pweng\gnvrprop.res 92c) AGREEMENT THIS AGREEMENT is entered into by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as CITY, and Governor Properties, an Iowa general partnership, hereinafter referred to as PROPERTIES, and Psi Beta House Corporation of Chi Omega, hereinafter referred to as SORORITY. WHEREAS, PROPERTIES and SORORITY are the owners of properties which are located in the South Half of Block 4, Original Town, Johnson County, Iowa, (attached as Exhibit "A" is the description of the real property owned by PROPERTIES and attached as Exhibit "B" is the description of the real property owned by SORORITY), each of which properties include a portion of Ralston Creek as ,it traverses through said property. AND WHEREAS, CITY has entered into a Cooperative and Operation and Maintenance Agreement with the United States Department of Agriculture Soil Conservation Service for the installation of certain soil erosion structures within the portions of Ralston Creek owned by PROPERTIES and SORORITY. (Said Cooperative and operation and Maintenance Agreement being attached hereto as Exhibit "C".) AND WHEREAS, CITY requires PROPERTIES and SORORITY to assume certain responsibilities which the CITY has assumed by executing the Agreement attached hereto as Exhibit "C", and in acquiring the Permit for Emergency Water Shed Protection, a copy of which is attached hereto as Exhibit "D"; 22a NOW, THEREFORE, IN CONSIDERATION OF THE CITY'S EXECUTION OF SAID AGREEMENTS AND INSTALLATION OF THE STRUCTURES REFERRED TO ABOVE, PROPERTIES AND SORORITY HEREBY AGREE AS FOLLOWS: 1. The Cooperative Agreement (Exhibit "C") requires the Sponsor (CITY) to pay 20% of the costs of construction of the improvements referred to in that Agreement. The total cost of the Sponsor's share is estimated to be Eight Thousand Seven Hundred Dollars ($8,700.00). CITY, PROPERTIES, and SORORITY each agree to pay one-third (1/3) of the Sponsor's costs under said Agreement. 2. PROPERTIES and SORORITY each have deposited with the CITY an escrow amount of Two Thousand Nine Hundred Dollars ($2,900.00). This amount represents the one- third (1/3) share of the estimated total cost of the Sponsor's share for which each party has agreed to be responsible. In the event the actual total cost of the Sponsor's share is less than Eight Thousand Seven Hundred Dollars ($8,700.00) the CITY shall reimburse PROPERTY and SORORITY that difference. In the event the actual total cost of the Sponsor's share exceeds Eight Thousand Seven Hundred Dollars ($8,700.00) all three parties agree to contribute an equal amount of that difference. 3. PROPERTIES and SORORITY will each assume the responsibility of CITY for the maintenance and inspection of those improvements installed pursuant to the above referred to Agreements on that portion -of Ralston Creek which are included in said parties separate property. 4. PROPERTIES and SORORITY shall assume any responsibility or liability for violations of the Operation and Maintenance Plan, a copy of which is attached hereto as Exhibit "E". 5. PROPERTIES and SORORITY each warrant that they are the owners of the properties described in Exhibits "A" and "B" and that as owners thereof they each have the rights, title and interest therein to grant the easement right-of-ways required by the Permit for Emergency Water Shed Protection. (Exhibit "D" hereto) 6. Where the costs of maintenance and repair are readily attributable to the portion of Ralston Creek which is included in said parties separate real property, PROPERTIES and SORORITY shall pay the full amount of the 2 M maintenance costs attributed to their own property. However, where the costs of inspection, reporting procedures or other repairs are difficult to calculate between the respective portions of Ralston Creek owned separately by PROPERTIES and SORORITY, PROPERTIES shall pay 50% of the total cost thereof and SORORITY shall pay the remaining 50%. 7. PROPERTIES and SORORITY shall hold CITY harmless from any obligations or responsibilities incurred by CITY under the "Assurances Relating to Real Property Acquisition" (Exhibit "F" hereto) and "Cooperative and Operation and Maintenance Agreements". All parties hereto understand that CITY is executing the documents which are attached hereto as exhibits solely for the purpose of acquiring the necessary funds from the United States Department of Agriculture Soil Conservation Service, and in doing so does not intend to incur any direct expenses, other than those services which have been and will be performed by the CITY'S Engineer in connection with this project. DATED this —� day of mune , 1994. CITY OF IOWA CITY, IOWA BY: ->�,- /Susan Horowitz, Mayor. '�/�� ATTEST: Marian K. Karr, City Clerk GOVERNOR PROPERTIES, An Iowa General Partnership Victor G. Edwards r rtner BY: Larry Rigler, Partner PSI BETA HOUSE CORPORATION OF CHI OMEGA SOR I BY: �Li�i-e ��:J Pr 8d By Lyrotte Lancial, President BY • O J City Attorneys Office Nan y Yost reasurer //or 22a STATE OF IOWA SS: COUNTY OF JOHNSON ) +4 J"„ On this/"f— day of -May, 1994, before me, a Notary Public in and for the State of Iowa, personally appeared Susan Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 Resolution No. 174-22o adopted by the City Council on the 1� +;+; day ofTuna , 1994, and that Susan Horowitz and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by them voluntarily executed. Notary Public in and for State of Iowa STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this 2-y" day of May, 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Victor G. Edwards and Larry Rigler, to me personally known, who being by me duly sworn, did say that the persons the partners of GOVERNOR PROPERTIES, an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners, and the partners acknowledged the execution of the instrument to be the voluntary act and deed of the partnership, by it and by the partners voluntarily executed. LISA STULL BY coma s"M :XI MAY 12 1955 2 Notdry Public in and for State of Iowa Z STATE OF IOWA ) JOHNSON ) SS COUNTY OF ) 1 June On this .S/ day of NAn 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared LynPttP L ncial and Nancy Foster , to me personally known, who, being by me duly sworn, did say that they are the President and Treasurer , respectively, of PSI BETA HOUSE CORPORATION OF CHI OMEGA SOROITY; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors and that the said _ffrkette Lancial _____ and Nancy Foster 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. /ekh/jo 5 Notary Pub is in and for the State of Iowa Z 2 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY OWNED BY GOVERNOR PROPERTIES: Lot 1; the east 25 feet of Lot 2; Lot 8 except the west 2 feet of the south 70 feet of said Lot 8 and also except the east 78 feet of the south 75 feet of said Lot 8; Lot 7, except the east 40 feet of the south 70 feet of said Lot 7; the east half of Lot 6, subject to an easement over the west 10 feet of the north 70 feet of said Lot 6; all in Block 4 in Iowa City, Iowa, according to the recorded plat thereof. EXHIBIT "A" /kr ZZb EXHIBIT "B" The South 80 feet of Lot 5 and south 80 feet of the west 40 feet of Lot 6, Block 4, in Iowa City, Iowa, according to the recorded plat thereof. Commencing at a point 80 feet North of the Southwest corner of Lot 5, in Block 4, in Iowa City, Iowa, according to the recorded plat thereof, running thence East 120 feet, thence North 35 feet, thence West 120 feet, thence South 35 feet to the place of beginning. Also a right-of-way over the following: Commencing at a point 80 feet North and 120 feet East of the Southwest corner of Lot 5, Block 4, in Iowa City, Iowa, running thence East 10 feet, thence North to the South side of the East and West alley in said Block 4, then West along the South side of said alley 10 feet, thence South to the point of beginning. ZzC> Exhiibit C (Cooperative Agreement) and Exhibit F (Assurance Relating to Real Property Acquisition) can be found with the previous resolution which authorized the mayor to execute a Cooperative Agreement with the United'States Department of Agriculture Soil Conservation Service rela- tive to the Emergency Watershed Protection Program. ZW EXHIBIT D PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the City of Iowa City and/or their agents to enter upon our land for the purpose of repairing the flood damage of _ embankment erosion (Item Impaired) on/of Ralston Creek (Name of Channel or Watershed) This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergnecy watershed protection work necessitated by the flood of Date This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. Signed Date Signed Date 22b N v .,CLVLLw , ImxKiL LOL PL.f11] RALSTON CREEK - IOWA CITY SITE NO. 364-06 JOHNSON COUNTY, IOWA LANDRIGHTS MAP OF AGRICULTURE _0/9rw»r a .................. .,�u....................... PEH 10/9 .......................... i .................. LEGEND V0�V �- . ILI i. L,xf ,L,n mf _a IfYCf ��- MxGiW^ i10 L if � ri Lxn L uln,n uxc -`� RALSTON CREEK - IOWA CITY SITE NO. 364-06 JOHNSON COUNTY, IOWA LANDRIGHTS MAP OF AGRICULTURE _0/9rw»r a .................. .,�u....................... PEH 10/9 .......................... i .................. EXHIBIT E OPERATION AND MAINTENANCE PLAN IOWA CITY - RALSTON CREEK This operation and maintenance plan will be carried out for the life of the measure. Operation Responsibility PROPERTIES and SORORITY will be responsible for operating the project.. Maintenance Responsibilities PROPERTIES and SORORITY will be responsible for the maintenance of the project. Operating Plan Operation is the performing of non -maintenance actions needed to keep completed works of improvement functioning as planned and serving the purpose for which installed. Maintenance Plan Maintenance is work performed to keep works of improvement in, or restore them to, their original physical and functional condition. Maintenance includes performance of work and application of measures to prevent deterioration, as well as restoring, rebuilding, replacing, and putting together parts that have been torn, broken, or deteriorated. Maintenance to be Performed Fertilize vegetation once very three years to maintain a good grass cover. Reseed or sprig areas devoid of vegetation. Control all unplanned woody growth with chemicals when needed. Control weeds with chemical sprays and/or by clipping when needed to maintain vegetated areas. Repair damaged gabion baskets and/or mattresses. Replace displaced rock riprap. Remove sediment deposits. Repair damage to diversions. Inspections Structural measures should be inspected annually by PROPERTIES and SORORITY. ZZD Attachment "A" lists items that should be examined during each inspection. References Soil Conservation Service National Operation and Maintenance Manual. Pww v%oPrmdp.P1n .. .. (2) I 22-b ATTACHMENT "A" to OPERATION AND MAINTENANCE PLAN EMERGENCY WATERSHED PROTECTION PROGRAM IOWA CITY - RALSTON CREEK DSR 364-06 JOHNSON COUNTY, IOWA MAINTENANCE CHECK LIST NOTE: - Use the following notations for each item: A -Immediate corrective action is needed Y -Condition exists N -Condition does not exist (Unless otherwise noted, notations "A" and "Y" require an explanation, or listing the maintenance needs on the Report of Maintenance Inspection.) 1. EARTHFILL AREAS: 0 (1) Any visual settlement? (2) Misalignment? (3) Cracking? (4) Trail bike or vehicle trails? (5) Inadequate vegetative cover? (6) Any erosion? (7) Any drift debris present? (8) Animal burrows or trails? 2. EXCAVATED AREAS: JJ(4 (1) Are slopes eroding? (2) Are slopes sloughing? (3) Cracking? (4) Trail bike or vehicle trails? (5) Inadequate vegetative cover? (6) Any drift debris present? (7) Animal burrows or trails? 3. GABIONS/MATTRESSES. O>j a. Gabions/Mattresses: (1) Signs of movement? (2) Signs of deterioration? (3) Any visual settlement? _ (4) Misalignment? b. Rock Riprap: (1) Signs of movement? (2) Signs of deterioration? (3) Any visual settlement? _ SCS-EWP-IA (1) EXHIBIT 10/93 (Page 3 of _� pages) Z2[� c. Drainage system: (1) Is discharge excessive? (2) Is piping material present? _ (3) Is geotextile exposed? (4) Is geotextile deteriorated? 4. OPEN CHANNEL. a. Are slopes eroding? b. Are slopes sloughing? c. Obstructions in channel? d. Any overfalls in bottom grade? e. Sedimentation occurring? f. Any woody vegetative growth? g. Any armor protection movement? h. Any armor protection deterioration? SCS-EWP-IA (2) EXHIBIT F 10/93 (page � of �— Pa9eSi 2W RESOLUTION NO. 94-221 RESOLUTION AUTHORIZING CONVEYANCE OFA VACATED PORTION OF THE LINN STREET RIGHT-OF-WAY LOCATED WEST OF GILBERT STREET AND NORTH OF BENTON STREET TO MERLIN HAMM. WHEREAS, the City Council adopted an ordinance vacating a portion of the Linn Street right- of-way located west of Gilbert Street and north'of Benton Street; and WHEREAS, Merlin Hamm owns the property, adjacent to the right-of-way; and WHEREAS, Mr. Hamm has offered to purchase the right-of-way for $2,500, the appraised value of the property; and WHEREAS, the City does not need the portion of the right-of-way to provide access to property in the area; and WHEREAS, the City will retain enough right-of-way to accommodate an eight foot sidewalk along Gilbert Street and will retain a utility easement over the right-of-way; and WHEREAS, on May 24, 1994, the City Council adopted Resolution 94-180 declaring its intent to convey its interest in the vacated right-of-way, authorizing public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and the City Clerk are authorized to execute a Quit Claim Deed conveying the City's interest in the property legally,described below to Merlin Hamm, for and in consideration of $2,500.00, subject to the City reserving and retaining a utility easement over the parcel in a location to be determined by the Public Works Department: Commencing at the southeast corner of Lot 4, Block 28 of County Seat Addition as recorded in Deed Book 1 & 2, Page 301, Johnson County Recorder's Office; thence N 89°53'17" E, 35.00 feet; thence N 00°16'55" W, 12.70 feet parallel to the east line of said Block 28 to the Point of Beginning; thence N 000 16'55" W - 147.36 feet parallel to the east line of said Block 28; thence N 89151'13" E, 41.43 feet along the easterly extension of the north line of lot 3 of said Block 28 to a point that lies 45.00 feet westerly from the centerline of Gilbert Street; thence S 15°25'50" W, 152.98 feet along said I;ne lying 45.00 feet from the centerline of Gilbert Street to the Point of Beginning. Said tract contains 3,052 square.feet or 0.070 acres more or less. 2. The City Attorney is authorized to deliver said Quit Claim Deed to Merlin Hamm. The deed and other documentation required by Iowa Code §364.7 (1993) shall be recorded in the Johnson County Recorder's Office at Mr. Hamm's expense. zZ/ Resolution No. 94-221 Page 2 4 Passed and approved this 14th day of June 1997. :12�.1 _ PAYOR ' Approved by ATTEST:2&� CITY CLERK CLtioko-1 Ut— City Attorney's Offi &. _ a _ yy It was moved by Lehman and seconded by Raker the Resolution be adopted, and upon roll call there were: AYES: mamhablhamm.ma NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 94-222 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOY- EES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1994, THROUGH JUNE 30, 1996. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Library Board of Trustees and the American Federation of State, County and Municipal Employees, Local #183, AFL-CIO, (hereinafter the Union), through their designatbd bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 1994, through June 30, 1996, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 14th day of Tune 1994. MAYOR Ap oved b ATTEST:_ CI CLE[ dity Attorne ice It was moved -by Novi rk and seconded by K„hhv the Resolution be adopted, and upon roll call there were: afscme.res AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 222 AGREEMENT BETWEEN CITY OF IOWA CITY Jk 1 CITY OF IOWA CITY Iowa City _ Public Library IOWA CITY LIBRARY BOARD OF TRUSTEES THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL #183, AFL-CIO JULY 1, 1994 TO JUNE 30, 1996 222 TABLE OF CONTENTS PAGE PREAMBLE........................................... ................ I ARTICLE I-- RECOGNITION ............................................... ARTICLE II -- MANAGEMENT RIGHTS ...................................... ARTICLE III -- NO STRIKE - NO LOCKOUT .................. •................ . ARTICLE IV --BULLETIN BOARD .......................................... ARTICLE V --BUSINESS AGENTS .......................................... ARTICLE VI-- DUES CHECK OFF .......................................... ARTICLE VII-- HOURS OF WORK .......................................... ARTICLE VIII-- OVERTIME ............................................... ARTICLE IX -- HOLIDAYS ............................................... ARTICLE X -- VACATIONS ............................................... ARTICLE XI --SICK LEAVE .............................................. ARTICLE XIISPECIALLEAVES......................................... ARTICLE XIIISENIORITY.............................................. ARTICLE XIV -- DISCIPLINE ............................................. ARTICLE XV --INSURANCE .............................................. ARTICLE XVISAFETY................................................ ARTICLE XVII - PERSONNEL TRANSACTIONS .............................. ARTICLE XVIII -- CLOTHING AND EQUIPMENT .............................. ARTICLE XIX -- RECOVERY AND REHABILITATION PROGRAM ................. ARTICLE XX -- GRIEVANCE PROCEDURE .................................. ARTICLE XXI--PAY PLAN .............................................. ARTICLE XXII -- AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT, AND WAIVER ............................ ARTICLE XXIII -- GENERAL CONDITIONS .................................. ARTICLE XXIV -- DURATION OF AGREEMENT .............................. ARTICLE XXV --SAVINGS CLAUSE ....................................... APPENDICES 1 2 2 3 3 3 4 4 7 10 11 12 14 17 20 21 22 23 23 24 24 27 28 29 29 29 zzz AGREEMENT WITH THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL 9183 PREAMBLE This agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSCME, Local #183. Unless otherwise stated, the word "City" will refer to the City and to the Library Board and the employee organization will be called "Union". Throughout This Agreement members of the bargaining unit are referred to as "employees". It is the purpose of this Agreement to promote and ensure harmonious cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent with the availability of public funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their cooperation to work together in the public interest to provide improvement in the effectiveness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: 7 7- ARTICLE I RECOGNITION Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all City of Iowa City employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 2, 1976. Section 2. The Iowa City Library Board of Trustees recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all Iowa City Public Library Employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 9, 1976. Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and temporary employees and others who are excluded from the laws relating to collective bargaining in Chapter 20 of the current Code of Iowa are excluded from the terms, conditions, or application of this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule and retain employees within the operation of the City government and to develop and maintain qualifications, standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. 2 ZZ2 h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carryout its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Agreement shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labot organization when called upon to cross such picket line in the line of duty. The City will make reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. Section 2. No Lockout. The City agrees not to lock out employees during the term of this Agreement. ARTICLE IV BULLETIN BOARDS Section 1. The City shall assign space as currently provided on bulletin boards for the Union to post notices, a copy of which shall be provided to the Personnel Administrator. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employees. Union notices will be limited to designated spaces. ARTICLE V BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at anyone time, who shall have access to City facilities only, during regular working hours, for the purpose of investigating matters relating to the administration of this Agreement. Section 2. The Union shall notify the Personnel Administrator after making such designation. Any such investigation will be conducted so as to not interfere with.City business and any such agent will comply with City safety, security and other regulations. Notice will be given to the Department Director or designee when a business agent enters City property or facilities. City employees may not spend working time to meet with business agents unless specifically permitted by another provision of this Agreement. Z z2 ARTICLE VI DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will certify the amount of dues to be deducted and the structure of the dues scheduled in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Dues will be deducted from the first pay check of each calendar month and will be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City. The City will provide a copy of the notice to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE VII HOURS OF WORK Section 1. Definitions. Temporary Employees - Those who regularly work less than twenty (20) hours per week, regardless of length of employment; or those who work in a position which is authorized for less than nine (9) months. When a temporary employee serves greater than nine (9) months averaging twenty (20) or more hours per week, the parties shall meet and confer as to the status of such employee; provided, however, such employee shall accrue sick leave, holiday and vacation time (prorated if part time) and shall accrue seniority for purposes of bidding pursuantto _Section 4B of this Article. The parties may agree to waive the nine month provision in cases involving specially funded employees. Waiver of such requirement will not be unreasonably withheld. Casual Employees - Persons employed for brief, irregular periods or those who perform work on a periodic basis. Seasonal Emolovees - Those who work in positions which relate to regular periodic weather or climate conditions, or who work in positions which relate to phases of the school year. Permanent Employees - Persons who are appointed to authorized budgeted positions and who have completed a probationary period upon initial employment with the City. 2-2-2- Full -Time: Those who regularly work forty (40) hours per week. Part -Time: Those who are assigned to work less than a forty (40) hour week; generally the assignment will be based on ten (10) hours -per -week increments. Section 2. Regular Work Week. A. Definitions - A day will be defined as the time between 12:01 A.M. and midnight, twenty-four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. B. Permanent Full -Time - Five Day Operations - The regular work week for permanent full-time employees shall begin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. C. Permanent Full -Time - Continuous Shift Operations - (Work is regularly scheduled 24 hours per day, seven days per week.) The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees assigned to continuous shift operations may meet and confer with their division concerning shift scheduling. D. Six and Seven Day Operations - The regular work week for permanent full-time employees shall consist of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example - landfill employees.) Section 3. Scheduling. Regular work schedules will be posted on departmental bulletin boards within each division. Any permanent change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. To the greatest extent possible, temporary adjustments in the work schedule of individuals will be posted at the beginning of the week. As much notice as possible will be given in the case of emergencies, inclement weather, or unexpected absences. The City will notify the Union in advance of permanent changes in the regular work week and will discuss such changes if requested. Section 4. Temporary and Part -Time Employees A. Permanent part-time employees shall be assigned a regular number of hours per week for the purpose of determining the City's benefit contribution. Benefits to permanent part-time employees will be prorated on the number of hours to which the employee has been assigned pursuant to Section 1 of this Article. Occasionally the hours actually worked will vary from the assigned number. No minimum amount of work is guaranteed to part-time employees. Any employee whose hours actually worked regularly exceed his/her assigned hours shall be reassigned hours for the purpose of proration of benefits. An employee may request a redetermination of his/her assigned hours or proration of benefits through the grievance procedure. Nothing in this section shall require a permanent part-time employee to regularly work more than his/her assigned hours. 5 Z2 Z B. Temporary Employees. Temporary, seasonal, and casual employees are not entitled to sick leave, vacation, insurance benefits, seniority, holidays, use of the grievance procedure, or any other benefits provided under this agreement, except as provided in Section 1 of this Article. Temporary employees may compete for permanent openings with the employer. Their seniority shall be computed from their last date of hire. However, permanent employees, regardless of length of service, will be given seniority preference over temporary employees. C. Special program employees include those funded by CETA, work study, and similar programs. Such employees shall be considered as temporary employees. However, employees funded by CETA will receive benefits for which the City is reimbursed and which are either agreed upon in writing at the time of employment or at a later date. Special program employees become eligible to bid upon permanent City positions only if and when their positions are partially or fully funded by the City. However, permanent employees, regardless of length of service, shall be given seniority preference over special program employees. The supervisor shall make a reasonable effort to notify bargaining unit employees of any known special needs or requirements of special program employees. D. Current employees will have bidding preference for job vacancies over volunteer helpers and volunteer time will not count toward seniority. Section 5. Rest Periods. Except for the transit drivers the City will provided a fifteen (15) minute rest period at two times during the regular work day. The location and scheduling will be determined by the immediate supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. Section 6. Meal Periods. The City will provide an unpaid lunch period of not less than thirty (30) minutes each day to employees in five day operations. Whenever possible, the lunch period will be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of employees. In lieu of the two fifteen (15) minute paid rest periods, full-time bus drivers will be provided a thirty minute lunch break with pay from Monday through Saturday of each week. Meal breaks will be scheduled near the middle of the shift; i.e., no earlier than 3 hours into the shift and shall not leave more than 5 hours and 15 minutes remaining on the shift. Deviations due to special or changed circumstances shall be mutually agreed upon. Section 7. Clean-up Time. If the nature of work performed requires it, employees will be allowed a minimum of five (5) minutes for personal clean-up at the end of the work day. Section 8. Inclement Weather. Employees are expected to come to work regardless of weather conditions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be suspended, but may be rescheduled. If work is to be rescheduled the immediate supervisor will have available information. The employer will take into consideration the employee's comfort and protection in cases of extreme climatic conditions. Employees who are unable to get to work or who leave work early because of weather conditions may do one of the following: a. Arrange to make up the work with the approval of the immediate supervisor. b. Charge the time missed to holiday, vacation, compensatory time, or personal leave. C. Take leave without pay for the time missed. 3 Section 9. Travel Time - Transit. In addition to hours specified on the run sheet, ten minutes will be paid to cover "travel time" to or from the Transit Facility. This only applies to drivers whose relief point is the Transit Interchange. Employees who are not required to return the bus to the Transit Facility and who decline to travel to or from the Facility shall not receive this pay. ARTICLE VIII OVERTIME Section 1. Overtime. Overtime is work performed by a permanent full or part-time employee in excess of eight (8) hours per day or forty (40) hours per week with the following exception: Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the time worked in excess of the regularly scheduled hours per day. e.g., Landfill employees who work twelve (12) hours per day will receive overtime for time spent in excess of twelve (12) hours per day or forty (40) hours per week. Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform work because of physical inability or serious personal need. Such requests to be excused from performing overtime will not be unreasonably denied. For permanent full-time employees, work performed on the sixth (6th) or seventh (7th) day of the work week shall be considered overtime. There will be no pyramiding of overtime: e.g., If an employee is called back to work on Saturday he/she may claim the overtime rate either for the minimal call-in OR the sixth (6th) day premium, not for both sections. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employees or by compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of overtime worked. Employee preference will determine whether overtime is paid or time off given unless departmental staffing needs or financial considerations require employees to be paid or given time off. The employees may request reasons for the denial of the time off or pay. Section 2. Overtime Equalization. A. To the greatest extent possible, overtime shall be offered to employees equally over a period of three (3) months, considering the type of work, the qualifications and ability of the individual employee, the employee's desire to perform the overtime service, and the employee's seniority. The following procedure will generally be used: The employee with the necessary qualifications and abilities and the least number of overtime hours in that classification will be first offered such assignment. In the event that overtime hours among employees in that classification are equal, seniority shall prevail. In the event no qualified employee desires such work, the City shall select the qualified employee with the least credited overtime hours for such assignment and if there are two or more employees with the same number of overtime hours, the employee with the least seniority shall be thus assigned. 7 ZZZ Employees who refuse overtime work on a particular job will be charged the same number of hours as employees who actually do the work. Any employee who may be periodically excused from overtime work for physical disability or serious personal need shall carry an amount of overtime equal to that of the employee with the highest number of hours. When the need arises to work overtime to finish a job, the employees who are perforating the work may be offered the overtime first if the work is to be completed. If an affected employee elects not to work overtime, he/she will be expected to continue until a replacement is secured. During emergency situations such as, but not limited to, excessive snow, freezing rain, wind, rain or cold, employees in the affected divisions may be scheduled to work twelve (12) hours or more in any twenty-four (24) hour period. Work in excess of twelve (12) hours will be assigned according to the equalization procedure. The equalization procedure is inapplicable to regularly scheduled overtime in transit B. Distribution of extra hours in the Transit Division. For hours available after the "Extra Board" hours have been assigned, to the greatest extent possible, extra hours shall be offered to employees equally over each run pick period. The employer may first offer the hours by seniority to part-time employees who have worked less than 40 hours that week. After that it will be offered to employees by seniority if scheduling time allows. For equalization purposes, employees who refuse extra hours will be charged the same number of hours as were offered. The City shall maintain and post a list of extra hours worked in the Transit Division_ C. The City shall maintain and post (at least monthly) in a public place in the work area, a list of classifications showing overtime hours worked by each employee, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on January 1, April 1, July 1 and October 1 of each year and shall be equalized quarterly. Employees who are new to a division shall be credited with the highest number of hours in their classification. Any deviation from the above process shall be by letter between the City and the Union. Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours immediately after the employee's normal work day the City, will provide for one of the following: a. A rest period of one-half hour immediately following the work day, or b. One additional half-hour of paid compensation at the overtime rate. This section does not apply if the employee is required to work less than two (2) hours following the work day. Section 4. Stand -By Time. Employees who are on stand-by time are required to be at a place designated by them which has access to a phone and from which they may reach the work area promptly. Employees on stand-by will be compensated as follows: 8 2ZZ Emyloyee Assigned to Stand-by Pav Per Week 1. Is provided with and takes vehicle home 7 hours pay 2. Is provided with but declines to take a vehicle home (supervisor may require employee to take vehicle) 7 hours pay 3. Cannot be provided with a vehicle due to lack of vehicle availability 10 hours pay 4. Is not provided with a vehicle because employee resides outside city limits 10 hours pay Employees of the Street/Sanitation Department who are required to be on stand-by for the purpose of emergency snow removal will be compensated at a rate of ten (10) hours at current base pay rate for each week of stand-by time. Stand-by in these circumstances will be assigned in no less than one week increments. Such employees will be furnished a call device, but no vehicle. Section 5. Reporting Pay. If an employee reports for work at his/her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. Section 6. Minimum Call-in. An employee who has completed an eight (8) hour work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. If the emergency call-in takes more than two (2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. An employee who is called in prior to the regular start of his/her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimum call-in. There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, he/she cannot collect for another two (2) hours unless it has been two (2) hours since the last call. Section 7. Professional Employees. No overtime will be paid or credit given for overtime work of professional employees. Generally, assignments will be based on an assumed forty (40) hour week for full-time professionals and on the assigned number of hours of part-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time sheets. A professional employee may meet with his/her department head at a mutually convenient time and place to review the hours worked in an attempt to facilitate the provisions of this section consistent with department practices. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. Section 8. Library Overtime. Permanent employees required to work on Sundays at the Library will received six (6) hours credit for each four (4) hour shift worked. Section 9. Calculation of Overtime. Overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. E Z22. Section 10. Payment of Overtime. Payment of authorized overtime will be on succeeding pay checks. Section 11. Accumulated Overtime. Accumulated overtime to be carried over from one fiscal year to another shall not exceed forty (40) hours and any overtime in excess of forty (40) hours accumulated at the end of the fiscal year shall be administered in accordance with Section 1 of this article. Section 12. Shift Differential. Employees who work a scheduled shift which begins at or after 1:30 p.m., but before 10:00 p.m. shall receive an additional fifteen cents ($.15) per hour. Employees who work a scheduled shift which begins at or after 10:00 p.m. but before 1:00 a.m. shall receive an additional thirty ($.30) per hour. ARTICLE IX HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Provided, however, that at the time employment begins or terminates, personal leave shall be pro -rated on the basis of two (2) hours personal leave credit for each quarter of the fiscal year, or portion thereof, during which the employee is in pay status. In order to receive holiday credit, an employee must be in pay status the day before and the day after a holiday. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift, the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager (or the Library Director for library employees) may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager or Library Director does not designate a day, employees may choose a day between December 17 and January 6. Section 3. Permanent employees on a continuous shift shall receive eighty-eight (88) hours of holiday credit and eight (8) hours of personal leave credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year and for personal leave as provided in Section I of this Article. If an employee separates- after July 1 of any year, those holidays and personal_ leave hours, which have been credited but which have not as yet occurred or been earned will be deducted for the purpose of considering separation pay. e.g., Employee A.receives credit for eighty-eight (88) hours of holiday time on July 1. The employee terminates on November 1 and has not used any holiday hours. He would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Employee B receives eighty-eight (88) hours of holiday credit on July 1. Employee B terminates November 1 and has used forty (40) holiday hours. Only two (2) holidays 10 ZZ 7 (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. For the purpose of this Article, a holiday for continuous shift employees (except Police Department employees) begins at 12:01 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day preceding the holiday and continues for twenty-four (24) hours thereafter. When a holiday occurs on Sunday, the following Monday will be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. Section 4. Part-time employees will receive holiday pay and personal leave on a pro -rata basis. Section 5. Eligible employees who are called in to work on a holiday on which City operations are not open to the public will be paid at a rate of one and one-half (1'h) times for the hours actually worked and shall also receive regular holiday pay. Section 6. Permanent full-time employees who are assigned to work on holidays when City operations to which they are assigned are operating or open to the public will receive twelve (12) hours of holiday credit during the pay period in which the holiday occurs. Holiday credit will be prorated for part-time employees. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally, this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. Employees may request pay in lieu of holiday credit. The employer's decision to grant or deny the pay shall not be arbitrary or capricious. Section 7. Holidays or personal leave days shall not be carried over from one fiscal year to the next. Section 8. Definition. "Continuous shift employees" as used in this article indicates those employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P.M. and 7:59 A.M. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month according to the following schedule: ­ - . - Leneth of Service Days Per Pay Month 0-5 years 1 5 years 1 day - 10 years 1 1/4 10 years 1 day - 15 years 1 1/2 15 years I day - 20 years 1 3/4 more than 20 years 2 11 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. The maximum number of hours eligible for carry over after July I of any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days). Section 2. Use of Vacation. An employee becomes eligible to take vacation after he/she has been on the payroll as a permanent employee for a period of six (6) continuous months. Scheduling will be arranged with the supervisor to accommodate staffing needs and employee preferences. Except in the event of serious personal need by a less senior person, seniority will prevail. Section 3. Payment of Accumulation. Upon discharge, resignation or retirement after six (6) months of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. ARTICLE XI SICK LEAVE Section 1. Accumulation. Employees shall be granted one day of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any employee granted a paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will accrue while an employee is receiving worker's compensation and supplementing those payments with accumulated paid leave(s). Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave at the time of resignation/retirement on the basis of the employee's then current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Incentive: Employees who utilize no sick leave in any thirteen consecutive pay periods and who have at least 600 hours of sick leave accumulated at the end of the six months may, at the option of the employee, convert four hours of sick leave to four hours of incentive leave. Following any twenty- six consecutive pay periods with no use of sick leave, employees who have at least 1200 hours of sick leave accumulated may, at their option, convert an additional four hours of sick leave to incentive leave for a total of up to but no more than twelve hours in any 26 consecutive pay periods. ,.The maximum number of hours eligible for carry over from one fiscal year to the next shall be eight (8) hours. Section 2. Use of Sick Leave. a. A day of accumulated sick leave shall be used for each day an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required if abuse is suspected. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. 12 22Z b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence provided that the employee's presence and efforts are needed. C. The City may discipline- employees for abuse of sick leave. Section 3. Notification. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work. Certain employees may be required to provide such notification prior to the beginning of their work day. In those cases where the Department or Division requires such prior notification, the City will be responsible for establishing a method whereby those employees can provide such notification. Unless such notification is given, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. Section 4. Sick Leave Bank. a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (1440 hours or 180 days) at the rate of one day per month. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash. c. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee .may borrow, the length.,of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire units and will develop policies to protect against abuse by individuals. d. The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. 13 222 Section 5. Employees using sick leave who are medically able to perform some of the regular duties of their position while at home (or alternative work site) may, at the request of the employee or the supervisor, and with the permission of the supervisor, be assigned work to be performed at home. For work performed at home, regular pay rather than use of sick leave accrual will be utilized, and the ratio of sick leave to straight pay will be determined on a case-by-case basis by the supervisor. This policy is designed to permit credit for work performed at home by employees using sick leave, when performance of work at home is advantageous to the City; however, no employee will be required to perform work while on sick leave nor will any employee be guaranteed the right to do so. Section 6. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision may be given if the employee presents evidence from his/her physician to the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Failure to comply with this policy will result in progressive disciplinary action. ARTICLE XII SPECIAL LEAVES Section 1. On -the -Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a period of two (2) additional working days if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. Section 2. Funerals. An employee will be granted up to three (3) work days per incident with no loss of compensation or accruals if required to attend the funeral of his/her spouse, child, grandchild, stepchild, foster child, mother, father, stepparent, sister, brother, step -sister or step -brother. An employee will be granted one (1) day per occurrence with no o loss of compensation nor loss of accrual from sick, annual, or compensation time to attend the funeral of his/her mother-in-law, father- in-law, grandparent, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In such cases, he/she shall be granted up to two (2) additional days for travel, if necessary. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employees, by the Library Director, except in cases of medically 14 Z2Z necessary disability leaves which shall be automatic provided the employee has exhausted all other accrued leave (paid and unpaid) and submits to a physical exam by a city -paid and appointed doctor (if required by the employer). Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during that period if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists, the employee shall be eligible to bid on vacancies in related areas or vacancies for which the employee is otherwise qualified for a period of twelve (12) months following termination of the leave. The employee is responsible for applying for and keeping aware of any openings. In the event an employee fails to return to work at the end of any such leave or extension, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. Cannot pay retirement contributions if the leave exceeds one month in duration. b. Shall not receive any other accruals or job benefits during the period of absence. C. Shall not acquire additional seniority during said leave except in the case of temporary medical disability or as otherwise specified by this Agreement. d. Shall not earn sick, vacation, or other leave. e. Must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. f. Must pay prorated health, dental, life and disability insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee or at the employee's option may be billed on a monthly basis. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Department Director may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) working days. 15 Z2Z Section 4. Jury Duty. Any employee summoned for jury duty during the employee's regular work hours shall receive regular straight time pay during any period of jury service. The City shall receive the pay earned from such jury service. Compensation for travel expenses may be retained by the employee. An employee who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining in the work -day shall return to work. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons when the employee is neither plaintiff nor defendant in the action and the City shall receive the witness fees up to the amount of compensation paid to the employee by the City for days testified. Section 6. Military Leave. Employees called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave cf absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employees subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States has been spent in regular employment with the City. Section 7. Voting Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. Section 8. Pregnancy Leave. A pregnant permanent employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Department Director prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes leave pursuant to this section shall return to work as soon as she is medically able. Section 9. Union Business Leave a. Any employee elected to office in the International American Federation of State, County and Municipal Employees shall be granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. b. Leave of absence without pay to attend and serve as a delegate to conventions and training conferences relating to the Union shall be granted to not more than five (5) City employees in Local 183 in any one calendar year. Not more than five (5) days may be taken by any one employee under this section. Employees seeking such leave shall 16 22Z present certification in writing of their selection by the Union to act as a representative to a specified conference at least ten (10) working days prior to the time they wish to be absent. C. No more than one employee who is elected or appointed to offices in the Union that is not part-time staff will be granted sufficient unpaid time off to carry on the duties of the office provided he/she gives reasonable advance notice and receives approval for such leave from the department head. Approval may be denied by the department head where the employee's absence could adversely affect or interfere with the operation of the department. d. Employees on Union leaves shall only be entitled to accrual of seniority for time spent on such leaves, except for subsection c above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. e. Employees appointed to the position of Staff Representative for AFSCME/Iowa Council 61 shall be entitled to an unpaid leave of absence not to exceed one year. The City may deny such leave if it would create a hardship. Return from leave is governed by Section 3 of this Article. Not more than one employee shall be granted such leave at any one time. The employee must make application for such leave at least ten (10) working days in advance of the commencement of this leave. The provisions of Subsection d. above shall apply. Section 10. Professional Leave. The City and the Union agree that professional development is of benefit to employees designated as "professionals" and the employer. In recognition of this Agreement, the following guidelines will be considered when granting or denying requests for professional leaves: a. The potential benefit to the employee. b. The potential benefit to the employer. C. The work -relatedness of training program, conference, workshop, class, or convention that is attended. d. Who in the affected class of employees went most recently. e. Seniority. It is understood by the parties that the above provisions in no way constitute a guarantee of training to anyone. ARTICLE XIII SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become applicable immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. Continuous service in a temporary position shall be added to the employee's seniority for use only in Section 3, Use of Seniority, below. An employee will lose seniority rights upon resignation, discharge for just cause, retirement, death, or layoff for more than two (2) years. 17 V 2- Seniority shall accrue during all paid leaves and during periods which a member is assigned a classification outside of the bargaining unit. If an employee is on leave of absence without pay as a result of temporary disability as substantiated by a doctor's certificate or for on-the-job injury, seniority will accrue indefinitely. An employee will accrue seniority while on leave without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. In the event that two (2) or more employees have an identical seniority date, the order of their seniority shall be determined by the alphabetical order of last names. The City will maintain a seniority list showing the length of continuous service and will make a copy of the list available to the Union each six (6) months. Section 2. Probation. The initial probation period for permanent appointments will be six (6) continuous months. The probationary period may be extended in writing because of unusual circumstances. Probationary employees are entitled to all benefits of this contract with two exceptions: They may not grieve any disciplinary actions taken against them. 2. . They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appointment to a similar permanent position, the temporary time worked may be credited toward completion of probation if it is applicable experience. For such employees, the probationary period will be shortened to reflect credit for temporary time worked. The length of probation will be specified in writing in the permanent appointment papers. Section 3. Use of Seniority. An employee who has successfully completed an initial City probation period of six months may exercise seniority as follows: a. Transfer Procedures. Except in the case of emergency circumstances, a notice which describes the position for permanent job openings will be posted on administrative and departmental bulletin boards for not less than five (5) working days. During this period, employees who wish to apply for the position may do so. The City will provide a written form for application which must be received in the Personnel Office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees are qualified for the position he/she may compete with other employee applicants for the position. Step I. If qualifications including skills, abilities, and experience of the applicants are relatively equal, the employee with the greatest seniority will be offered the job first, except as provided in Section 3, subsection b.2.(a) of this Article. Step II. If the qualifications of current employees are marginal but equal to outside applicants they will be offered the position if it is to be filled, subject to the further provisions of Section 3, subsection b.2.(b) of this Article. If an employee feels that seniority has been ignored by the City, he/she may request the reason for his/her rejection for the position in writing, and the written reasons will be given. 18 Zzz b. Reduction in Force. Reductions in force will be by departmental division according to seniority in thejobs affected with the person having the least seniority within classifica- tion to be laid off first. The City will give fifteen (15) days notice to employees who are to be laid off except in an emergency. Temporary, casual and seasonal employees within classification (e.g. those job titles listed in Appendix A) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees who are to be laid off. 1. The City will attempt to accomplish reduction in force by attrition. 2. An employee whose job is to be eliminated may be transferred to vacancies within the department. Employees notified of lay-off or who are subject to recall from lay-off under Section 3, Subsection c. of this Article shall be given the opportunity to bid for new or vacant non -promotional positions to be filled by the City as follows: (a) When competing with other bargaining unit employees, a laid -off employee will be offered the job first where qualifications, including skills, abilities and experience of the applicants are relatively equal without regard to seniority. (b) When competing with applicants who are not employees of the City, laid -off employees shall be offered the job first where the City deter- mines the laid -off employee has the abilities to adequately perform the job under normal supervision. 3. If no vacancies exist a more senior employee being laid off shall bump the employee with the least seniority in their classification within their department; but, if no such person or position exists, the laid -off employee may bump the least senior employee in a position within their classification in the bargaining unit. If no such person or position exists within the bargaining unit, a laid -off employee may bump the least senior employee in a job outside their classifica- tion and, if no such person or job exists, then the bargaining unit. Provided, however, an employee shall not bump into a job without seniority, proper credentials (including prior recorded experience in the job with the City; except where a laid -off employee was placed in the job out of promotional sequence in the clerical, maintenance worker, plant operator, mechanic, librarian, dispatcher, planner/program analyst and construction inspector series), and the ability to perform the duties of the job under normal supervision. A person shall first bump into the highest classification which also meets the preceding conditions. Bumping shall not result in any promotion. In no event shall a full-time employee be forced to bump the least senior employee when it would result in decreased hours of work or shall part-time employees bump into full-time positions unless their total seniority is greater based on a comparison of computation of time actually worked. C. Recall from Layoff. The names of permanent employees laid off shall be placed on a re-employment list for the jobs affected in the layoff. Such persons shall be eligible for re-employment in reverse order of layoff in the job from which they were removed for 19 Z 22 a period of two (2) years, provided that they are still qualified and able to perform the job. Employees may apply for vacancies in the City in titles other than those affected by the layoff during the period that they are on the recall list while maintaining their option to return to the job from which they were laid off. When an employee is notified by certified mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within seven (7) days or be removed from the recall list. An employee on the recall list will accrue seniority pursuant to Section l of this article and will be entitled to exercise seniority accrued prior to layoff after their return to work. d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will first be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period A. Emplovee Option. A transferred employee shall be granted up to ten (10) days to determine if he/she wants to continue in the position to which he/she voluntarily transferred. If during the option period the employee desires to do so, he/she may return to the previous position. B. Citv Option. The length of the trial period for a person who is transferring to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement between the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) months. This limitation on voluntary transfers does not apply to promotions. If the employee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. Section 5. Compensation after Transfer. When an employee transfers to another position within the same or a lower range he/she shall move to a step and rate of pay within the range of the position transferred to with pay to be determined on the basis of relative skills, abilities, experience and seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in no event will be less than one step higher. Section 6. Transit Seniority. In the event two or more transit drivers have identical seniority dates, the order of seniority for selecting transit runs shall be determined by lot. ARTICLE XIV DISCIPLINE Section 1. Purpose. All parties to this Agreement recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be 20 222 taken for just cause. Appeal of disciplinary actions shall be by permanent employees and shall be through the grievance procedure set forth in this Agreement. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: a. Oral reprimand or warning. b. Written reprimand or warning. C. Suspension with loss of pay. d. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first offense. Permanent employees shall have the right to take up a suspension or discharge at Step 2 of the grievance procedure. Section 4. An employee may request the presence of a steward at the time of discipline. The steward may request a copy of the oral or written warning at that time. A copy of suspension or discharge will be forwarded to the chief steward. ARTICLE XV INSURANCE Section 1. Medical Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500," Alliance, two-day deductible plan for employees and eligible dependents. Employees who elect to obtain family coverage will pay twenty dollars ($20.00) per month (prorated for part-time employees) toward the cost of such coverage. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500," Alliance, plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or other alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500," Alliance. Five Union representatives shall attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XX. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500," Alliance. If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500," Alliance plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $8,834, the face value of the life insurance policy is $9,000. 21 Z2 2 In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. Section 4. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. Section 5. Carrier Change. The parties agree that the employer may change insurance carriers provided the Union is given 60 days written notice of the change and the specifications and administration of the insurance plan(s) are not diminished. Regarding life and long-term disability insurance, the specifications provided in Sections 2 and 6 of this Article define those below which benefits shall not be diminished under this Section. Section 6. Long Term Disabilitv Insurance. Effective July 2, 1983, the City will provide long- term disability insurance for permanent full-time bargaining unit employees with sixty percent (60%) coverage of salary to a maximum of one thousand five hundred dollars ($1,500) per month. This benefit, as applied, shall be subject to other applicable offsets such as worker's compensation, social security, sick leave, etc. Such disability insurance shall begin paying benefits after ninety (90) working days of continuous covered total disability. Regardless of other situations which are covered or not covered by the terms of the policy, long-term disability benefits shall not pay for situations arising from employment by any employer other than the City of Iowa City. The City will absorb the cost of long-term disability insurance during the term of this contract provided that premiums do not increase in an amount greater than ten percent (10%). If said premiums do increase by more than ten percent (10%), the increase shall be subject to mutual agreement by the parties. All other increases in premium costs shall be subject to normal contract negotiations. All increases shall be included in computing the financial terms of any negotiated contract settlement. The parties agree to meet and confer regarding any proposed job retraining for a disabled City employee, in order to discuss the terms and conditions of such retraining and reassignment. ARTICLE XVI SAFETY Section 1. Policv. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that in the routine course of work employees are subject to risks. Section 2. Standards. Employees shall not be required to work in areas or to operate equipment which is a hazard to themselves or the public. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear required by law. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. 22 ZZ2. Section 3. Notice of Defect. Employees who operate equipment shall, during or immediately following the work day, report any defect noticed by him/her in said equipment to the immediate supervisor. Section 4. Special Grievance Procedure. If an employee is requested to work in a location or with equipment which presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in a location or with equipment which is an imminent personal hazard to him/herself, he/she shall file a Step 2 grievance with the Department Director. Other disputes over safety hazards will be processed through the regular grievance procedure in Article XX Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. Section 5. Safety Committee. The Union shall select two (2) city employees as representatives to each department/division safety committee. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline. The employee's copy will be forwarded at the time it is placed in the file. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. An employee shall have the right to attach a written response to any document in his/her personnel file. Section 3. Upon request, written warnings for minor infractions which are over twelve (12) months old will be removed from an employee's file, provided the problem has been corrected or there has been substantial improvement toward correction. Section 4. Oral warnings shall not be part of an employee's personnel record except as a notation of when such warning was given. Upon request, such notation shall be removed from the personnel file following eight months of service without any discipline. ARTICLE XVIII CLOTHING AND EQUIPMENT Section 1. Employees who are required to wear special uniforms will be provided with such uniforms. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets and coats, will not be provided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. Rain hats and rain coats will be provided for employees required to perform a majority of their work out-of-doors. (Police Department employees see Appendix G.) 23 Z2 2.. Section 2. The employer will provide required protective clothing or protective devices, including up to $85.00 during the 94-95 fiscal year and up to $100.00 during the 95-96 fiscal year annually for the purchase of safety shoes. The employer shall pay the reasonable full cost of medically prescribed safety shoes. All safety shoe purchases must receive prior approval from the employee's immediate supervisor. Denial of safety shoe purchase is subject to the grievance procedure commencing at Step 2. Section 3. Commercial Drivers License. The employer will reimburse non -probationary employees for the difference between the cost of an operators license and Commercial Drivers License and any endorsements or restriction removals when the employee's job requirement includes possession of such license. When available, the City will provide equipment necessary to take the applicable tests. ARTICLE XIX RECOVERY AND REHABILITATION PROGRAM Section 1. Voluntary Referral Service. The City will provide where possible a voluntary referral service for employees with personal problems. Employees who suspect they may have a work problem even in the early stages are encouraged to seek treatment or counseling. All such requests and/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2. Problem Drinking. In the interest of providing efficient services to the public the City recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking may be requested from the Human Relations office. All bargaining unit employees are eligible for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service and other available community resources. Alcoholism as an illness is not a cause for discipline per se; however, interference with job performance may be subject to discipline. Every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level, disciplinary action will be taken. Section 3. Procedure. Supervisors who identify work problems or stewards who identify personal problems may refer employees to the Human Relations office for assistance in obtaining educational and rehabilitation services for alcoholism or other personal problems which influence performance. Nothing in this section relieves employees of responsibility for their conduct on the job. ARTICLE XX GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Agreement shall mean any dispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terms and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday and holidays listed in Article IX, Section 1, excluding the personal leave day, for purposes of this section. Section 2. Representation. An employee who is a member of the bargaining unit covered by this Agreement shall have the right to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he/she chooses. Employees are also entitled to representation by a 24 ZZZ steward at disciplinary conferences. Stewards will not attend other conferences between supervisors and employees except with the supervisor's approval. The Union will certify the names and addresses of the designated stewards to the City Personnel Administrator. The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time from his/her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolution. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensation arising out of the resolution of a grievance is limited to the period of time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. The following provisions will apply to interpretation of the above language: 1. Pay corrections in matters involving inaccuracies in payment of base pay and merit increases or inaccuracies created by data entry or other Accounting Division error will be made retroactive to the date of the error, which may be greater than sixty (60) days. 2. Any other type of payment error will be subject to the 60 day limitation on retroactive pay as outlined in Article XX. Section 4. Procedures. A grievance that may arise shall be processed and settled in the following manner: A. Step 1. The grievance shall be presented orally for discussion between the employee grievant, the steward if the employee chooses to be represented by a steward, and the employee's immediate supervisor within seven (7) working days after the knowledge of the event giving rise to the grievance. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within seven (7) working days after the Step 1 conference. The date of the oral presentation of the grievance and the date of the verbal response shall be certified in writing. If no response is received from the supervisor within seven (7) working days the grievance will be processed pursuant to Step 2. B. Step 2. If the grievance is not resolved by Step 1, the aggrieved employee or his/her steward (if applicable) shall, within seven (7) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, two (2) to be filed with the Department Director or designated representative and one (1) to be filed with the Union. For Library employees the grievance must be filed at this Step with the Library Director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. 25 Z22 The grievant, steward and department director shall meet within seven (7) working days to discuss the grievance. The Department Director shall issue a decision in writing within seven (7) working days following the meeting. C. Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager or his/her designee within fifteen (15) working days of the date of receipt of the written decision referred to in Step 2. A meeting between the parties may be held if requested in writing. Such meeting shall be held within fifteen (15) working days. The City Manager will respond to the grievant and steward within fifteen (15) working days following receipt of the grievance or the third step meeting (if requested). D. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the other party within ten (10) working days following.receipt of the City Manager's decision at Step 3. Copies of any such request will be furnished to the City and to the Union. The cost of arbitration and recording the same shall be divided equally between the parties to this Agreement. The cost of a certified court report, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of witnesses. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) working days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators who are members of the National Academy of Arbitrators. Both the City and the Union shall have the right to strike two names from the panel. The party giving notice for arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Agreement but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. Section 5. Labor -Management Committee. The Labor -Management Committee shall consist of the persons designated by the Union and the City. Not more than four (4) bargaining unit employees may be excused to attend meetings held during working hours. Representatives or agents of the parties may be present at grievance committee meetings. a. Bargaining unit employees (not more than four) excused from work to attend committee meetings will be paid for all regular duty time spent at such meetings. 26 222 b. "Representatives or agents of the parties" as referenced above means only those representatives or agents retained by AFSCME and does not include, for the purpose of pay, officers, stewards, or other members of the bargaining unit. C. It is thus understood that the City shall in no circumstances be obliged to pay more than four (4) bargaining unit employees for duty time spent in attendance at a Labor - Management Committee meeting under the terms and provisions of this Section, except in such cases where said provisions may be voluntarily waived by both parties to the agreement. Meetings shall be no longer than two (2) hours in length and shall be scheduled to alternate between the working hours and non -working hours of the labor members unless mutually agreed otherwise. The function of the Labor -Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: a. No topics will come before the Labor -Management Committee which are proper subjects for negotiations (e.g., new demands, changed circumstances, requests for new language, etc.); except for the investigation and discussion of cost containment features to health insurance. Any such features recommended by the committee must be ratified by the City and the Union prior to implementation. b. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works -- Division Heads). Section 6. Employee Involvement Efforts. The parties agree to actively pursue employee involvement efforts which will provide for joint problem -solving and more effective communication and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. ARTICLE XXI PAY PLAN Section 1. Classification Plan. The classification plan for bargaining unit employees is attached to this Agreement (see Appendix A). The pay plan in effect on July 1, 1994, shall be adjusted upward by three percent (3%) effective July 2, 1994. The resulting plan shall be further adjusted upward by three percent (3%) effective July 1, 1995. The effective date of compensation adjustments and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years, for example, are as follows: July 1, 1995 June 28, 1997 June 29, 1996 June 27, 1998 Section 2. Merit Plan. The pay plan is based on performance evaluations and merit. The City will justify the denial of merit increases following the employee's eligibility date. An employee who does not receive a merit increase on his/her eligibility date may file a Step 2 grievance. 27 222 Section 3. Pay Plan. Each range of the pay classification plan will contain six (6) steps (1-6). Employees at Step l are eligible for review and an increase to Step 2 after six (6) months. Step 1 will be determined by the City unilaterally based on market information and other factors relating to the particular job title for which the wage is being set. Employees on Steps 2-6 are eligible for review and an increase to the next step annually. Employees on Step 6 or those who are outside of the range are not eligible for step increases. Section 4. Equipment Mechanics Stipend. Each of the Equipment Division employees who is required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of this Agreement. Section 5. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December I shall receive longevity pay on a separate check on the last payday in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER AMOUNT 5 years $275.00 10 years 450.00 15 years 600.00 20 years 750.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. Section 6. Pre -Tax Advantage Program. The Employer will offer employees a program, consistent with IRS regulations, through which employees may elect to make pre-tax reductions in taxable wages which will be paid to an account from which dependent care and health/dental premiums and expenses not covered by insurance will be paid. ARTICLE XXII AUTHORIZED REPRESENTATION ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and conditions of this Agreement shall be conducted by authorized representatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. 28 2Z2 ARTICLE XXIII GENERAL CONDITIONS Section 1. This agreement shall be construed under the laws of Iowa. Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations and any amendments as adopted by Council. Comments on rules and the need for revisions in rules and regulations may be discussed by the Labor -Management Committee but any new negotiations on mandatory items or other items will be conducted only by authorized teams in compliance with this complete Agreement. Section 3. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. Section 4. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss, at a labor management committee meeting, prior to implementing any early retirement incentive program. Such program must be applied on a unit -wide basis and participation will be voluntary. ARTICLE XXIV DURATION OF AGREEMENT This agreement shall be in effect between July 1, 1994, and June 30, 1996. Furthermore, this contract shall continue from year to year subsequent to June 30, 1996, unless written notice to change or modify it is mailed or hand -delivered by either party to the other party prior to September 15 of the year preceding the expiration date or any extension thereof, and received by the other party no later than September 25 of that same year or the next working day thereafter. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their agreement with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or Management they shall be negotiated immediately. Cases involving issues cognizable under the Iowa Civil Service Law (Chapter 400 et. seq. as amended) shall not be subject to the grievance and arbitration provisions of this contract unless this contract specifically regulates the issue(s) in question. 29 22Z THE AMERICAN FEDERATION OF STATE, CQUNTY, ANP'INFJNICIPA a,, G TE MEMBERS AFSCME/Iowa Council 61 30 CITY OF IOWA CITY, IOWA /MAYOR Z!... :•• • • • I' �•IDENT I Approv by CIYY ATTO Y'S OFFICE VV9� ZZL APPENDIX A 6/09/94 AFSCME JOB TITLE LIST Page 1 FY95 (JULY 2, 1994) PAY GRADE JOB TITLE ----- ----------------------------- 1 CUSTODIAN 1 M W I - RECREATION 1 M W I - SENIOR CENTER 1 M W I - TRANSIT FACILITY 2 CASHIER - PARKING 2 INFORMATION SERVICES CLERK 2 KENNEL ASSISTANT 2 LEASED HOUSING RECEPTIONIST 2 M W I - CBD 2 M W I - GOVMT BLDGS 2 M W I - PARKING SYSTEMS 2 M W I - PARKS 2 M W I - POOLS 2 M W I - TRANSIT 2 MAIL CLERK 2 WATER METER CLERK 3 CASHIER - TREASURY 3 CLERK/TYPIST - LEASED HOUSING 3 M W I - TOWING 3 M W I - WASTEWATER TREATMENT 3 M W II - GOVERNMENT BUILDINGS 3 MINUTETAKER 3 PARKING ENFORCEMENT ATTENDANT 3 SCALEHOUSE OPERATOR 3 SR LIBRARY CLERK 3 TECH SERVICES CLERK 3 WATER SERVICES CLERK 4 ACCOUNT CLERK - ACCOUNTING 4 ACCOUNT CLERK - TRANSIT 4 ACCOUNT CLERK - TREASURY 4 CLERK/TYPIST - SOLID WASTE 4 M W I - LANDFILL 4 M W I - REFUSE 4 M W I - STREETS 4 M W I - WATER DIST. 4 M W II - CEMETERY 4 M W II - PARKING SYSTEMS 4 POLICE RECORDS CLERK 4 PUBLIC SERVICES CLERK 4 SR CLERK/TYPIST - RECREATION 5 BUYER I - PURCHASING 5 M W II - PARKS 5 M W II - PUBLIC HOUSING 5 M W II - RAMP/METER REPAIR 5 M W II - RECREATION 5 M W II - TRAFFIC ENGINEERING 5 M W II - TRANSIT 5 SR LIBRARY CLERK 5 SR POLICE RECORDS CLERK ?2 2_ APPENDIX A 6/09/94 AFSCME JOB TITLE LIST Page 2 FY95 (JULY 2, 1994) PAY GRADE JOB TITLE 6 ANIMAL CONTROL OFFICER 6 BUYER I - EQUIPMENT 6 COMMUNITY SERVICE OFFICER 6 HOUSING MANAGEMENT AIDE 6 LIBRARY ASSISTANT I 6 M W II - SENIOR CENTER 6 M W II - TRAFFIC ENG SIGNS 6 M W II - WASTEWATER TREATMENT PLANT 6 M W II - WATER SERVICE 6 MASS TRANSIT OPERATOR 6 SR ACCOUNT CLERK - ACCOUNTING 6 SR CLERK/TYPIST - SR CENTER 7 HOUSING ASSISTANT 7 CUSTOMER SERVICE REP - PARKING 7 LIBRARY ASSISTANT II 7 M W II - LANDFILL 7 M W II - POOLS 7 M W II - REFUSE 7 OFFICE COORDINATOR - ASSISTED HSNG 7 PARTS/DATA ENTRY CLERK 7 PRODUCTION ASSISTANT 7 SR CLERK/TYPIST - STREETS 7 SR CLERK/TYPIST - WASTEWATER TREATME 8 CENTRAL SERVICES CLERK 8 INTERACTIVE SPECIALIST 8 LABORATORY TECHNICIAN 8 LIBRARY ASSISTANT III 8 M W II - FORESTRY 8 M W II - STREETS 8 M W III - CEMETERY 8 M W III - LANDFILL 8 M W III - PARKS 8 M W III - TRAFFIC ENGINEERING 8 M W III - WASTEWATER COLLECTION 8 SR ACCOUNTS PAYABLE CLERK 8 SR PAYROLL CLERK 8 TECHNICAL ASSISTANT - PCD 9 BUYER II 9 CONSTRUCTION INSPECTOR I 9 CUSTOMER SERVICE REP 9 ELECTRICIAN 9 EMERGENCY COMMUNICATIONS DISPATCHER 9 M W III - LIBRARY 9 M W III - TRANSIT 9 MECHANIC I 9 OFFICE COORDINATOR - RECREATION 9 SR ENGINEERING TECH 9 SR LIBRARY ASSISTANT 222 APPENDIX A 6/09/94 AFSCME JOB TITLE LIST Page 3 FY95 (JULY 2, 1994) PAY GRADE JOB TITLE 10 BODY REPAIR MECHANIC 10 HOUSING INSPECTOR 10 M W III - WATER DIST 10 M W III - WATER PLANT 10 MAINTENANCE OPERATOR - WASTEWATER 10 TPO - WASTEWATER TREATMENT 10 TPO - WATER 11 BUILDING INSPECTOR 11 CUSTOMER SERVICE COORDINATOR 11 EMERGENCY COMM SUPERVISOR 11 HOUSING REHAB ASSISTANT 11 HOUSING SPECIALIST 11 M W III - STREETS 11 M W III - WASTEWATER 11 MECHANIC II 11 MICROCOMPUTER SPECIALIST 11 PAGE SUPERVISOR 11 PRODUCTION COORDINATOR - BTC 11 SR M W - PARKS 12 CONSTRUCTION INSPECTOR II 12 ELECTRONICS TECH - TRAFFIC ENGINEER 12 ELECTRONICS TECH - WASTEWATER TREATM 12 LIBRARIAN I 12 SR M W - CBD 12 SR TPO - WASTEWATER TREATMENT 13 CHEMIST 13 LIBRARIAN II 13 MECHANIC III 13 SR ACCOUNTANT - ACCOUNTING 13 SR ACCOUNTANT - TREASURY 13 SR M W - WASTEWATER COLLECTION 13 SR MECHANIC 13 SR TPO - WATER 13 SURVEY PARTY CHIEF 14 PROGRAM SPECIALIST - SR CENTER 14 REC PROGRAM SUPERVISOR 14 REHAB OFFICER 14 SR CONSTRUCTION INSPECTOR 14 SR M W - LANDFILL 14 SR M W - RECREATION 14 SR M W - STREETS 14 SR M W - WATER DISTRIBUTION 14 SR M W - WASTEWATER PLANT 14 VOLUNTEER SPECIALIST - SR CENTER 15 ASSOCIATE PLANNER 15 CIVIL ENGINEER 15 HUMAN SERVICES COORDINATOR 15 SR LIBRARIAN 222 APPENDIX A 6/09/94 AFSCME JOB TITLE LIST Page 4 FY95 (JULY 2, 1994) PAY GRADE JOB TITLE --------- ------------------- 15 SOLID WASTE PLANNER 15 SR M W - CEMETERY 222- APPENDIX B IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical elf -maintenance and help reduce the length and number o unnecessar. hospital stays. These efforts, of course, can help keep health care costs --and rates --in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient • Semi -private room and board . Necessary services and supplies . Operating roams, intensive care, coronary and burn care units . Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor . Necessary laboratory and x-ray services PHYSICIAN SERVICES 90/10 Home and office vists One routine annual physical exam Pre -natal and post -natal care in physician's office Immunizations Hospital visits and nursing facility visits Outpatient NERVOUS AND MENTAL 90/10 . Surgery Outpatient - 90/10 to $10,000 . Diagnositc x-ray and laboratory Lifetime Maximum. services . Accident care SKILLED NURSING FACILITY 90/10 Unlimited Room and Board HOME HEALTH CARE 90/10 Services and supplies . Services provided by a - Registered Nurse . Services prescribed by a physician 222 9 THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a $100 contract deductible per calendar year . Prescriptions . Anesthetics . Blood plasma . Casts . Crutches . Durable medical . Other supplies by a physician equipment when ordered DEDUCTIBLES AND COPAYMENT Nursing Services . Private -duty nursing services Ambulance • Air . Ground Hospital - The Subscriber is responsible for the first two days of semi- private room and board. Per Hospital Admission. Physician - The subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 100% of all remaining charges. If the subscriber's expenditures for hospital, physician, and/or other services do not reach $500, the subscriber pays 10% of all remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mental conditions is paid 90/10 co -payment until the $10,000 Lifetime Maximum is met. Co -payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hos" "ician I O*w Smits Service Covered services 1 or 2 day 90%110% $100 deducbbb dedu e 90%110% uui $500 per contract mwdnun Z22 ALLIANCE Program Provisions 1) The ALLIANCE program consists of seven program components. They are: Pre -Admission Certification Blue Cross and Blue Shield must be notified prior to any non -emergency or planned inpatient admission to a hospital, skilled nursing facility, mental health institution, or use of home health care or hospice program services. Admission Review Blue Cross and Blue Shield must be notified of all emergency and maternity admissions within 24 hours. Continued Stay Review All hospital stays will be reviewed to ensure that continued hospitalization, home care, hospice or other services are medically necessary to meet the patient's ongoing health care needs. Individual Case Management Focus is placed on special needs of patients with severe illnesses or injuries. Arrangement may be made to waive standard coverage limitations or exclusions that might otherwise hinder alternative care arrangements outside the hospital. Mandatory Outpatient Surgery Certain surgeries and procedures can be safely performed on an outpatient basis without sacrificing the quality of care. This requirement will be waived if inpatient admission is medically necessary. Additional Home Health Care and Hospice Benefits Coverage is provided for services not usually offered in traditional coverage. Additional home health benefits provide expanded coverage for: • Skilled nursing services • Physical therapy • Speech therapy • Occupational therapy • Medical social services • Home health aide services • Enteral and parenteral nutrition • Prescription drugs and medicines administered intravenously or intramuscularly • Medical supplies B -2a Hospice care has been added to include respite care, a means by which services can be provided to relieve an individual caring for a terminally ill patient at home. Also included under hospice care are continuous home care and general inpatient care services. Hospital Bill Audits Experienced Blue Cross and Blue Shield auditors will review a random sample of bills over $10,000. This ensures that the charges are appropriate and represent services actually received. 2) What happens if you fail to obtain prior approval for a non- emergency or planned admission? • Always obtain pre -admission certification prior to any non- emergency or planned inpatient admissions. Failure to do so will result in a substantial penalty, perhaps as much as 50 percent, after which any applicable deductible and coinsurance amounts will be applied to the remaining balance. Remember, it is your responsibility to make sure the call is placed. Remember that it is not necessary to contact Blue Cross and Blue Shield unless you are admitted as an inpatient to a health care facility or to receive home health or hospice services. For example, if you obtain care on an outpatient basis (i.e., visit the doctor's office or go to a hospital emergency room or clinic), and you are not admitted for inpatient treatment, you need not contact us. • Always notify Blue Cross and Blue Shield of all emergency and maternity admissions within 24 hours. If you fail to do so, you will be responsible for the room -and -board charges for any days it is determined your condition did not require inpatient hospitalization. 3) To appeal a possible reduction of benefits: • You or your physician may ask for a reconsideration of the decision. All requests should be made in writing and submitted by either you or your physician. • You must appeal a benefit reduction within six months of receipt of notice for failure to notify Blue Cross and Blue Shield of an emergency or maternity admission within 24 hours. , , ALLIANCE ... working with you, for you! 722.. Summary of Benefits DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and effective dental maintenance. More then 80% of the dentists In Iowa participate In the Delta Dental program. Delta Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a 'medical necessity' provision which ensures coverage for dental services provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims -handling chores for you and your employees — and saves valuable time and money. To provide a program to meet your company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefrts are combined to meet your needs: Prwentivs Maintenance benefit includes: • Routine checkups at six-month intervals including bitewing x-rays at 12 -month intervals. • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and post-operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. .«o,+:.. M 2M Delta Dental Plan of bwa 2zZ Delta Dental Plan of Iowa RATE QUOTATION PLAN II Program Benefits © Preventive Maintenance Deduadble SinglalFamlly (Annual) $ Copayment % © Routine Restorative 5 25/75 50 % © Major Restorative $ " S0 % ❑ Dental Prosthetics ❑ Periodontics $ $ % % ❑ Orthodontics $ . % ❑ Dependents to age ❑ Full-time students ❑ Adults Program Maximums Single $ 500 per year Family $ 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ _ _ per month These rates guaranteed for 12 months beginning on 7-1-85 (date) if purchased by 7-1-85 (date) *Rates quoted here are based upon census information provided and acquiring and maintaining a minimum enrollment of 90% of total eligible employees for the duration of the contract. Wherized Rep res n tive Date This is a general deseiription of coverage. h is not a statement of contract. Actual coverage is subiect to the terms and conditions specified in the contract itself and enrollment regulations in force when the contract becomes effective. B-4 Delta Dental Plan war n >raa zu of lova 772 AFSCME PAYPLAN - FY95(JULY 2, 1994) APPENDIX C 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian $8.85 $9.92 $10.22 $10.59 $10.92 $11.28 MW I - Recreation $708.00 $793.60 $817.60 $847.20 $873.60 $902.40 MWI - Sr Center $18,408.00 $20,633.60 $21,257.60 $22,027.20 $22,713.60 $23,462.40 MW I - Transit Facility 2 Cashier -Parking $9.12 $10.22 $10.59 $10.92 $11.28 $11.68 Information Services Clerk $729.60 $817.60 $847.20 $873.60 $902.40 $934.40 Kennel Assistant $18,969.60 $21,257.60 $22,027.20 $22,713.60 $23,462.40 $24,294.40 Leased Hsng Receptionist MW I - CBD MW I - Govt Bldgs MW I - Parking Systems MW I - Parks MW I - Pools MW I - Transit MW I - Water Customer Sery Mail Clerk Water Meter Clerk 3 Cashier -Treasury $9.42 $10.59 $10.92 $11.28 $11.68 $12.09 Clerk/Typist- Leased Housing $753.60 $847.20 $873.60 $902.40 $934.40 $967.20 MW I - Towing $19,593.60 $22,027.20 $22,713.60 $23,462.40 $24,294.40 $25,147.20 MW I - Wastewater Treatment MW d - Government Bldgs Minutetaker Parking Enforcement Attendant Scalehouse Operator Library Clerk Water Services Clerk 4 AccountClerk- Aeetng $9.75 $10.92 $11.28 $11.68 $12.09 $12.54 AccountClerk- Transit $780.00 $873.60 $902.40 $934.40 $967.20 $1,003.20 AccountClerk- Treasury $20,280.00 $22,713.60 $23,462.40 $24,294.40 $25,147.20 $26,083.20 Clerk/typist - Solid Waste MW I - Landfill MW I - Refuse MW I - Streets MW I - Water Dist MW II - Cemetery MW II - Parking Systems Police Records Clerk Public Services Clerk Sr Clerkfrypist - Recreation 22 2 AFSCME PAYPLAN - FY95(JULY 2, 1994) APPENDIX C 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 5 Buyer I - Purchasing $10.09 $11.26 $11.62 $12.00 $12.43 $12.84 MWII - Parks $807.20 $900.80 $929.60 $960.00 $994.40 $1,027.20 MW 11 -Public Housing $20,987.20 $23,420.80 $24,169.60 $24,960.00 $25,854.40 $26,707.20 MW II - Ramp/Meter Repair MW II - Recreation MW II - Traffic Eng MW II - Transit Sr Library Clerk Sr Police Records Clerk 6 Animal Control Officer $10.42 $11.68 $12.09 $12.54 $12.96 $13.43 BuyerI- Equipment $833.60 $934.40 $967.20 $1,003.20 $1,036.80 $1,074.40 Community Service Officer $21,673.60 $24,294.40 $25,147.20 $26,083.20 $26,956.80 $27,934.40 Housing Management Aide Library Assistant I MW II - Senior Center MW II - Traffic Eng Signs MW II - Wastewater Treatment Plant MW II- Water Service Mass Transit Operator Sr Account Clerk - Accounting Sr Clerk/Typist - Sr Center 7 CustomerSeryRep- Parking $10.80 $12.09 $12.54 $12.96 $13.43 $13.91 Housing Assistant $864.00 $967.20 $1,003.20 $1,036.80 $1,074.40 $1,112.80 Library AssistantII $22,464.00 $25,147.20 $26,083.20 $26,956.80 $27,934.40 $28,932.80 MW II - Landfill MW II - Pools MW II - Refuse Office Coord - Assisted Housng Parts/Data Entry Clerk Production Assistant Sr ClerUTypist - Streets Sr Clerk/Typist - Wastewater Trtmnt 8 Central Services Clerk $11.15 $12.54 $12.96 $13.43 $13.91 $14.41 Interactive Specialist $892.00 $1,003.20 $1,036.80 $1,074.40 $1,112.80 $1,152.80 Laboratory Technician $23,192.00 $26,083.20 $26,956.80 $27,934.40 $28,932.80 $29,972.80 Library Assistant III MIN II - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks MW III - Traffic Eng MW III - Wastewater Collection Sr Accounts Payable Clerk Sr Payroll Clerk Technical Assistant - PCD 222 AFSCME PAYPLAN - FY95(JULY 2, 1994) APPENDIX C 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9 Buyer 11 $11.49 $12.84 $13.29 $13.76 $14.22 $14.75 Construction Inspector 1 $919.20 $1,027.20 $1,063.20 $1,100.80 $1,137.60 $1,180.00 Customer Service Rep $23,899.20 $26,707.20 $27,643.20 $28,620.80 $29,577.60 $30,680.00 Electrician Emergency Comm Dispatcher MW III - Library MW M - Transit Mechanic I Office Coord - Recreation Sr Engineering Tech Sr Library Assistant 10 Body Repair Mechanic $11.81 $13.20 $13.64 $14.10 $14.61 $15.11 Housing inspector $944.80 $1,056.00 $1,091.20 $1,128.00 $1,168.80 $1,208.80 MW III - Water Dist $24,564.80 $27,456.00 $28,371.20 $29,328.00 $30,388.80 $31,428.80 MW III - Water Plant Maintenance Operator - Wastewater Public Info/Ed Coord - Water TPO - Wastewater Treatment TPO - Water 11 Building Inspector $12.60 $13.91 $14.41 $15.01 $15.51 $16.13 Customer Service Coordinator $1,008.00 $1,112.80 $1,152.80 $1,200.80 $1,240.80 $1,290.40 Emergency Comm Supervisor $26,208.00 $28,932.80 $29,972.80 $31,220.80 $32,260.80 $33,550.40 Housing Rehab Assistant Housing Specialist MW III - Streets MW III - Wastewater Mechanic II Microcomputer Specialist Page Supervisor Production Coordinator - BTC Sr MW -Parks 12 Construction Inspector 11 $13.18 $14.40 $14.89 $15.44 $16.00 $16.53 Electronics Tech - Traffic Eag $1,054.40 $1,152.00 $1,191.20 $1,235.20 $1,280.00 $1,322.40 Electronics Tech - Wastewater $27,414.40 $29,952.00 $30,971.20 $32,115.20 $33,280.00 $34,382.40 Librarian I Sr MW - CBD SR TPO - Wastewater 13 Chemist $13.60 $15.01 $15.51 $16.13 $16.73 $17.37 Librarian 11 $1,088.00 $1,200.80 $1,240.80 $1,290.40 $1,338.40 $1,389.60 Mechanic Ill $28,288.00 $31,220.80 $32,260.80 $33,550.40 $34,798.40 $36,129.60 Sr Accountant - Acctng Sr Accountant - Treasury Sr MW - Wastewater Collection Sr Mechanic Sr TPO - Water Survey Party Chief 227- AFSCME PAYPLAN - FY95(JULY 2, 1994) APPENDIX C 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 14 Program Spec - Sr Center $14.12 $15.51 $16.13 $16.73 $17.37 $17.91 Rec Program Supervisor $1,129.60 $1,240.80 $1,290.40 $1,338.40 $1,389.60 $1,432.80 Rehab Officer $29,369.60 $32,260.80 $33,550.40 $34,798.40 $36,129.60 $37,252.80 Sr Construction Inspector Sr MW - Landfill Sr MW - Recreation SR MW - Streets Sr MW - Water Dist Sr MW - Wastewater Plant Volunteer Spec - Sr Center 15 Associate Planner $14.75 $16.15 $16.76 $17.40 $17.95 $18.56 Civil Engineer $1,180.00 $1,292.00 $1,340.80 $1,392.00 $1,436.00 $1,484.80 Human Services Coord $30,680.00 $33,592.00 $34,860.80 $36,192.00 $37,336.00 $38,604.80 Sr Librarian Solid Waste Planner Sr MW - Cemetery Z Z 2- AFSCME PAYPLAN - FY96(JULY 1, 1995) APPENDIX C 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian $9.12 $10.22 $10.53 $10.91 $11.25 $11.62 MW I - Recreation $729.60 $817.60 $842.40 $872.80 $900.00 $929.60 MWI-Sr Center $18,969.60 $21,257.60 $21,902.40 $22,692.80 $23,400.00 $24,169.60 MW I - Transit Facility 2 Cashier -Parking $9.39 $10.53 $10.91 $11.25 $11.62 $12.03 Information Services Clerk $751.20 $842.40 $872.80 $900.00 $929.60 $962.40 Kennel Assistant $19,531.20 $21,902.40 $22,692.80 $23,400.00 $24,169.60 $25,022.40 Leased Hsng Receptionist MW I - CBD MW I - Govt Bldgs MW I - Parking Systems MW I - Parks MW I - Pools MW I - Transit MW I - Water Customer Sery Mail Clerk Water Meter Clerk 3 Cashier -Treasury $9.70 $10.91 $11.25 $11.62 $12.03 $12.45 Clerwrypist- Leased Housing $776.00 $872.80 $900.00 $929.60 $962.40 $996.00 MWI-Towing $20,176.00 $22,692.80 $23,400.00 $24,169.60 $25,022.40 $25,896.00 MW I- Wastewater Treatment MW II - Government Bldgs Minutetaker Parking Enforcement Attendant Scalehouse Operator Library Clerk Water Services Clerk 4 AccountClerk- Aectng $10.04 $11.25 $11.62 $12.03 $12.45 $12.92 AccountClerk- Transit $803.20 $900.00 $929.60 $962.40 $996.00 $1,033.60 AccountClerk- Treasury $20,883.20 $23,400.00 $24,169.60 $25,022.40 $25,896.00 $26,873.60 Clerkfrypist - Solid Waste MW I - Landfill MW I - Refuse MW I - Streets MW I - Water Dist MW II - Cemetery MW II - Parking Systems Police Records Clerk Public Services Clerk Sr Clerkrrypist - Recreation 2 ZZ AFSCME PAYPLAN - FY96(JULY 1, 1995) APPENDIX C 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 5 Buyer I - Purchasing $10.39 $11.60 $11.97 $12.36 $12.80 $13.23 MW11-Parks $831.20 $928.00 $957.60 $988.80 $1,024.00 $1,058.40 MWII- Public Housing $21,611.20 $24,128.00 $24,897.60 $25,708.80 $26,624.00 $27,518.40 MW II - Ramp/Meter Repair MW II - Recreation MW II - Traffic Eng MW II- Transit Sr Library Clerk Sr Police Records Clerk 6 Animal Control Officer $10.73 $12.03 $12.45 $12.92 $13.35 $13.83 BuyerI- Equipment $858.40 $962.40 $996.00 $1,033.60 $1,068.00 $1,106.40 Community Service Officer $22,318.40 $25,022.40 $25,896.00 $26,873.60 $27,768.00 $28,766.40 Housing Management Aide Library Assistant I MW II - Senior Center MW II - Traffic Eng Signs MW II - Wastewater Treatment Plant MW II - Water Service Mass Transit Operator Sr Account Clerk - Accounting Sr Clerk/Typist - Sr Center 7 CustomerSeryRep- Parking $11.12 $12.45 $12.92 $13.35 $13.83 $14.33 Housing Assistant $889.60 $996.00 $1,033.60 $1,068.00 $1,106.40 $1,146.40 Library AssistantII $23,129.60 $25,896.00 $26,873.60 $27,768.00 $28,766.40 $29,806.40 MW II - Landfill MW II - Pools MW II - Refuse OtIIce Coord - Assisted Housng Parts/Dam Entry Clerk Production Assistant Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Trtmnt 8 Central Services Clerk $11.48 $12.92 $13.35 $13.83 $14.33 $14.84 Interactive Specialist $918.40 $1,033.60 $1,068.00 $1,106.40 $1,146.40 $1,187.20 Laboratory Technician $23,878.40 $26,873.60 $27,768.00 $28,766.40 $29,806.40 $30,867.20 Library Assistant III MW II - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks MW III - Traffic Eng MW III - Wastewater Collection Sr Accounts Payable Clerk Sr Payroll Clerk Technical Assistant - PCD 2-Z Z AFSCME PAYPLAN - FY96(JULY 1, 1995) APPENDIX C 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9 Buyer 11 $11.83 $13.23 $13.69 $14.17 $14.65 $15.19 Construction Inspector I $946.40 $1,058.40 $1,095.20 $1,133.60 $1,172.00 $1,215.20 Customer Service Rep $24,606.40 $27,518.40 $28,475.20 $29,473.60 $30,472.00 $31,595.20 Electrician Emergency Comm Dispatcher MW III - Library MW III -Transit Mechanic I Office Coord - Recreation Sr Engineering Tech Sr Library Assistant 10 Body Repair Mechanic $12.16 $13.60 $14.05 $14.52 $15.05 $15.56 Housing Inspector $972.80 $1,088.00 $1,124.00 $1,161.60 $1,204.00 $1,244.80 MWIII - Water Dist $25,292.80 $28,288.00 $29,224.00 $30,201.60 $31,304.00 $32,364.80 MW III - Water Plant Maintenance Operator - Wastewater Public Info/Ed Coord - Water TPO - Wastewater Treatment TPO - Water 11 Building inspector $12.98 $14.33 $14.84 $15.46 $15.98 $16.61 Customer Service Coordinator $1,038.40 $1,146.40 $1,187.20 $1,236.80 $1,278.40 $1,328.80 Emergency Comm Supervisor $26,998.40 $29,806.40 $30,867.20 $32,156.80 $33,238.40 $34,548.80 Housing Rehab Assistant Housing Specialist MW III - Streets MW III - Wastewater Mechanic II Microcomputer Specialist Page Supervisor Production Coordinator - BTC Sr MW - Parks 12 Construction Inspector II $13.58 $14.83 $15.34 $15.90 $16.48 $17.03 Electronics Tech - TraOicEng $1,086.40 $1,186.40 $1,227.20 $1,272.00 $1,318.40 $1,352.40 Electronics Tech - Wastewater $28,246.40 $30,846.40 $31,907.20 $33,072.00 $34,278.40 $35,422.40 Librarian I Sr MW - CBD SR TPO - Wastewater 13 Chemist $14.01 $15.46 $15.98 $16.61 $17.23 $17.89 LibrarianII $1,120.80 $1,236.80 $1,278.40 $1,328.80 $1,378.40 $1,431.20 Mechanic 111 $29,140.80 $32,156.80 $33,238.40 $34,548.80 $35,838.40 $37,211.20 Sr Accountant - Acctng Sr Accountant - Treasury Sr MW - Wastewater Collection Sr Mechanic Sr TPO - Water Survey Party Chief AFSCME PAYPLAN - FY96(JULY 1, 1995) APPENDIX C PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 14 Program Spec - Sr Center $14.54 $15.98 $16.61 $17.23 $17.89 $18.45 Rec Program Supervisor $1,163.20 $1,278.40 $1,328.80 $1,378.40 $1,431.20 $1,476.00 Rehab Officer $30,243.20 $33,238.40 $34,548.80 $35,838.40 $37,211.20 $38,376.00 Sr Construction Inspector Sr MW - Landfill Sr MW - Recreation SR MW - Streets Sr MW - Water Dist Sr MW - Wastewater Plant Volunteer Spec - Sr Center 15 Associate Planner $15.19 $16.63 $17.26 $17.92 $18.49 $19.12 Civil Engineer $1,215.20 $1,330.40 $1,380.80 $1,433.60 $1,479.20 $1,529.60 Human Services Coord $31,595.20 $34,590.40 $35,900.80 $37,273.60 $38,459.20 $39,769.60 Sr Librarian Solid Waste Planner Sr MW - Cemetery 4 APPENDIX D Reclassification Procedures Section 1. Purpose The Job Evaluation Committee will be responsible for maintaining fair and equitable classification of all AFSCME positions, for classifying new AFSCME positions, and resolving disputes over position classification. Section 2. Evaluation Instrument The Committee will use the Waters evaluation instrument used in the 1993 study and shall have responsibility for modification or interpretation of the evaluation instrument. Section 3. Committee Membership and Structure 1. The Job Evaluation Committee shall be comprised of eight members, four to be selected by the City, including the Personnel Administrator, and four to be selected from the Union. Members will be selected based on their knowledge of a wide range of City jobs and operations. The Union will select its representatives to the Committee, subject to the City's ability to excuse the individual employee from his/her duties for the length of time necessary to accomplish the Committee's objectives. Selection of Union representatives will not be unreasonably denied. Section 4. Meetings The Committee will meet as necessary to hear all position reclassification appeals by employees, at the call of the Personnel Administrator, normally no later than 60 days following submission of an appeal. 2. Committee members will be compensated for all meeting time during the employee's regularly scheduled working hours. Section 5. Rules 1 . All decisions of the Committee, except where otherwise noted, will be considered to be passed upon a simple majority of its members, which shall constitute a quorum (including the Personnel Administrator). 2. In the event that the Committee is unable to achieve simple majority approval of any specific classification or compensation decision, classification or compensation of the position in question will remain unchanged. 3. The Personnel Administrator may vote in place of any absent Management Committee members. The Union officers may vote for any absent Union member. Z2'Z D-2 4. The Job Evaluation Committee may waive, modify or amend any of the sections of this article as specified, upon unanimous vote of the Committee. The Committee shall determine all other necessary operating rules and procedures. 5. No new pay range or classification adjustments will be made without approval of the Committee. Section 6. Classification Appeals 1. Employees will be informed of the procedures for appealing the classification of a position. 2. An employee may only appeal the classification of his/her own position. Appeals may also be made by a group of employees all holding the same job title. 3. An employee or group of employees appealing the classification of a position will complete and submit information as requested by the Committee. 4. Employees will be allowed to make an oral presentation to the Job Evaluation Committee, within time limits imposed by the Committee. Oral presentations will be made in closed session if the employee so desires. 5. The employee's supervisor or other Administrative employees may be called for questioning by the Committee at the request of the Personnel Administrator. 6. The appealing employee will be compensated fortime spent in the Committee meeting, except that if a group presentation is made, only two employees will be compensated. 7. Classification appeals may be initiated by the Personnel Administrator. Employees in the position being appealed will be given ten working days notice of the appeal and will be entitled to all rights as outlined in this section. 8. Committee deliberations will be conducted in closed session. Section 7. New Positions 1. Newly created positions will be classified by the Personnel Administrator initially, with the classification of the position reviewed by the Committee six months following the position being filled. Section 8. Salary Adjustments 1. No new salary ranges will be created except for labor market impacted positions. 2. If the classification of a position is decreased, the salary of affected employees will not be reduced. 227- D-3 3. Employees in positions found to be under -classified will receive a salary adjustment equal to: a. the minimum of the new salary range, if below the minimum, or b. a one-step increase (step to be defined as the percentage difference between steps in the new salary range), if salary will fall on or below the maximum of the new range. Section 9 Labor Market Adiustments 1. Salary information will not be considered in the classification of a position 2. Compensation of a position may be appealed by the affected employee, or group of employees, to the Committee utilizing the procedure in Section 6. 3. In the event that salary maximum of a position is shown to be under -paid by at least 15 percent (15%) based on relative comparable positions in other cities (provided a minimum of four cities report comparable positions), the Job Evaluation Committee may vote to temporarily assign the position to a newly created salary range. If less than four cities report comparable positions, the newly created salary range increases shall not exceed 15 percent (15%). Special grade assignments will expire at the end of every fiscal year. Salary survey evidence will be based only on a survey of comparable positions in the top ten cities (by population) in Iowa and may be presented by either Management or the Union. (Example: Electrician, Grade 8, Range $1,000-51,300, 15 percent off the market moved to Range 8A, 51,15041,495. Range width remains the same, salary maximum increases by survey average.) 4. Upon employee appeal, salary survey will be conducted by the Personnel Administrator and presented to the Committee. The employee may also present salary information conforming to the above survey criteria (information to be gathered on the time and at the expense of the employee). Section 10. Funding 1. Reclassification decisions of the Committee will be effective the first day of the next pay period following City Council approval. Section 11. Impasse Procedures 1 . The actions and decisions of the Job Evaluation Committee shall not be subject to the grievance/arbitration procedure of any collective bargaining agreement. Section 12. Release of Technical Information 1. Preservation of the integrity of the evaluation system necessitates that information regarding the rating and point value of the specific evaluation questions be limited to prevent manipulation of those points. No member of the Job Evaluation Committee, ZZZ MV with the exception of the Personnel Administrator and two Union officers, will be permitted access to point information. Section 13. City Council Approval 1 . All decisions of the Committee are subject to the approval of the City Council and availability of funding prior to implementation. Section 14. Duration 1. The parties understand that this procedure is a continuation of an experimental program and is itself experimental. This procedure shall be used to determine reclassifications during FY95-96 and then shall become null and void. This procedure will be continued in effect thereafter only by mutual agreement of the parties. RE: Letter of April 6, 1987 humamRunionslafscme\appendix.d 222 APPENDIX E CONTRACT' SIDE LETTER ON LIBRARY SCHEDULING After staffing needs for public service areas have been determined by each department, permanent schedules for these areas will be bid on three times annually to be effective January 1 to May 30, June 1 to August 31, and September 1 to December 31. Seniority will be used for the purpose of allowing employees to choose those weekends, those nights and those 9-6 shifts that they do not wish to work. Each schedule period the senior employee in each participating department will indicate those nights, weekends, and 9-6 shifts they do not wish to work. The second senior person will choose next, etc. Each employee will work a similar number of weekends, evenings and 9-6 shifts during the schedule period. If supervisors participate in evenings, weekend and 9-6 shift work on a regular basis, their seniority will be used to decide their place in the selection process. In the event that the Library staffing needs can be met without the necessity of scheduling all employees for a regular night or 9-6 shift, the senior employee who has not rejected night or 9-6 shift work for a previous schedule period shall have first choice in turning down night or 9-6 shift work for the next schedule period. When all employees have been offered the first choice, then the first choice reverts back to the senior most employee. Employees will be allowed to trade work periods with the approval of the department head. In the event an employee desires weekend, evening or 9-6 shift work that employee will be given preference for that work provided it meets the needs of the department. There shall be no regular split shifts except by the agreement of the employee involved. RE: November 27, 1978 Q .22- E-2 AMENDMENTS TO CONTRACT SIDE LETTER ON LIBRARY SCHEDULING Library employees may request to work 6 partial days; for example, one-half day on Saturday and one-half day on Monday, where staffing permits. The basis to determine adequate staffing will be enough people within one department electing the option to make it viable. For permanent full-time library employees who elect this option, work performed on the 7th day of the work week shall be considered overtime. Library employees working scheduled overtime on Sunday will have theroption at the beginning of each permanent scheduling period to designate whether the time will be taken as compensatory time, or paid, at the rate of one and one half hours for each hour worked. Compensatory time off can be changed through mutual agreement at the same time and in the same manner as other scheduling or leave changes. Employees who wish to change their option of pay or time compensation within a scheduling period may submit a request to their supervisor in the same manner as other scheduling and leave changes. The Library will honor requests of this nature whenever staffing and financial resources permit, with the understanding on both sides that no reasonable request will be unreasonably denied. RE: July 23, 1982 2Z2 APPENDIX F LETTER OF UNDERSTANDING It is understood between the parties that the purpose of this letter is to define what constitutes abuse of sick leave and to describe the mechanism which is used to advise employees that they may be abusing sick leave and may be subject to disciplinary action. Any disciplinary action is subject to the contractual grievance procedure. This letter will be appended to the agreement between the parties and shall remain in full force and effect during the contract period. The Human Relations Department will maintain records of the number of occurrences of use of sick leave for each employee. An occurrence can have a duration of one or more consecutive days, and may involve use of sick leave for an employee or for a family member (as specified in the Agreement between the parties). An occurrence occurs for an absence resulting in use of sick leave, or upon the exhaustion of sick leave, use of paid or unpaid leave in lieu of sick leave where a doctor's verification is absent. The following are specific exclusions as occurrences: 1. Any occurrence which includes hospitalization or outpatient surgery. 2. Absence due to on-the-job injury. 3. Any medically verified medical or dental absence. 4. Absence resulting from the employee being sent home sick by the City or receiving permission to work a partial workday as part of their recuperative process. 5. Use of sick leave to supplement funeral leave. Chronic illnesses which adversely affect the employee's ability to perform regular duties will be dealt with on an individual basis and will be treated as an exception from determination of excessive use of sick leave, provided medical verification of the chronic nature of the illness is submitted. The employee may be asked to submit documentation to substantiate doctor/dentist appointments, hospitalization, surgery or chronic illnesses. Doctor's or a dentist's verification is intended only as a vehicle by which the City may scrutinize those cases where sick leave abuse may be suspected. To keep employees apprised of the number of active occurrences they have accrued, a letter will be sent following the fifth occurrence notifying the employee that he/she has five occurrences. The following schedule will be used in determining abuse of sick leave and the appropriate corrective action. Number of Occurrences Required Action Oral reprimand. Written reprimand. 222 F-2 Written reprimand. 9 One day suspension 10 Three day suspension 11 Ten day suspension Occurrences over 11 in a base period may result in more severe disciplinary action. The following cleansing features will apply to determine the number of active sick leave occurrences an employee has on record. 1. Occurrences older than 365 days are made inactive. 2. Following each 60 day occurrence free period, the oldest active recorded occurrence will be made inactive. 3. Each 60 day occurrence free period may be used only once to inactivate a recorded occurrence. 60 day free periods may not be stored up and used to inactivate future occurrences. 4. The date of the occurrence will always be the last day of the pay period in which the occurrence began. Pay period date is used due to computer data entry limitations. Actual dates of occurrences can be obtained from time records. RE: April 22, 1985 ?22 APPENDIX 0-1 MEMORANDUM OF UNDERSTANDING City of Iowa City and American Federation of State, County and Municipal Employees AFL-CIO, Local 183 Re: Article XVIII Clothing and Equipment Section 1 Having met and conferred regarding bargaining unit personnel in the Police Department who. are required to wear uniforms; specifically, Animal Control Officers, Community Service Officers, and Police Dispatcher /Police Desk Clerks, the parties have agreed to waive the provisions of Article XVIII, Section 1 in lieu of the following: A. The above referenced employees who are required to wear special uniforms will be provided with such uniforms. Required uniforms currently include the following. 1. Community Service Officer a. Six winter and six summer permanent press regulation shirts. b. Four pairs of regulation trouser;. C. One winter and one summer regulation jacket. d. One regulation raincoat. e. One regulation pants belt. f. Three regulation ties. g. Regulation hat/cap. h. Two pairs of regulation winter gloves. 2. Animal Control Officers a. Six winter and six summer permanent press regulation shirts. b. Six pairs of regulation trousers. C. One regulation jacket d. One regulation raincoat. e. One regulation pants belt. f. Two pairs of regulation winter gloves. 3. Police Dispatchers, Police Desk Clerks a. Six winter and six summer permanent press regulation shirts. b. Four pairs of regulation trousers. C. One regulation pants belt. d. Three regulation ties. B. Upon submission of receipts by an employee, the City shall pay for the cleaning of uniforms or for the purchase of regulation shoes related to employment up to a total annual allowance of one hundred dollar; ($100) per employee. Receipts shallbe submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. This 227 APPENDIX G-2 provision shall be applied retroactively to July 26, 1990, provided that receipts dated prior to March 15, 1991, shall be submitted no later than April 15, 1991. C. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. D. Replacement: 1. Clothing damaged in the line of duty shall be ordered within seven days of receipt of the report of loss or damage. 2. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven days of receipt by the designated supervisor. Parties understand and agree that the above uniform items shall continue to be provided by the City as long as they continue to be required uniform wear as determined by the Chief of Police. re: March 11, 1991 WUWrd Gn&fWMeCWr==W 222 APPENDIX H MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: Treatment Plant Operators - Wastewater Treatment Plant, will continue to receive shift differential based on the practice in effect on January 1, 1994, provided the then current schedule remains in effect. r� Union- humanmftrdpm\afscme\appendi:.h C-- C..- .p.,, r;.... 22 ?- SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: At mutually agreed upon times during the 1994-1996 Contract, the investigation and discussion of on-site childcare and/or childcare vouchers will be considered a proper topic for consideration by the Labor -Management Committee referred to in Article XX, Section 5. For the Union: ver �artl� humamaAunlomWscmeXsldeltM For the City: C2"2EZ3 - Assistant City Ma ag 22 2 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: The job classifications recommended for an upgrade as a result of the classification study will move to the new paygrade effective July 2, 1994. Employees in those classifications will move to the new paygrade on that date. Employees at step 6 longer than 12 months as of July 2, 1994, will receive an increase equal to 3.5% in addition to the across-the-board increase of 3%, provided that no employee will receive a wage rate that is lower than Step 1 or higher than Step 6 of the new paygrade. Thereafter, employees previously at step 6 will have a new eligibility date which will be the first day of each fiscal year. If an employee was placed on Step 1 or between steps 1 and 2 of the new paygrade, they will be eligible for a review and increase on the earlier of their current annual evaluation date or a new annual evaluation date of January 1. These employees will be eligible for the greater of 3.5% or step 2 at that time. Following implementation of the study, for employees above step 2 but between steps, future step increases will be equal to the % difference between the next lower and the next higher step. No employee will have a wage rate higher than step 6. Employees currently (as of July 1, 1994) in positions being downgraded will be treated as if their classification has not been changed. They will continue to receive all negotiated across-the-board increases, as well as step increases where applicable, as long as they remain as an employee of the City in their current position. Positions being downgraded are as follows: Position Sr. Maintenance Worker - Water Distribution Program Specialist - Senior Center Sr. Maintenance Worker -Wastewater Treatment Maintenance Worker III - Wastewater Treatment Collection Buyer I - Purchasing Senior Library Clerk (3 positions) Maintenance Worker II - Government Buildings For the Union: humamhuniomWscme\sideltrs Old Range New Range 15 14 15 14 14 13 9 8 6 5 4 3 4 3 For the City: Assistant City 22z 45 S(L' -June 21 , 1994 The City Council of Iowa City, Iowa, met in cnecial session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 2:30 o'clock p M., on the above date. There were present Mayor pro tem Novick in the chair, and the following named Council Members: -1- AHLERS, COONEY. DORWEIUR, HAYNIE, SMITH & ALLREE. PC ATTONNCTIATL W 063NOINtl.I0WA 2z3 Council MemberThrngmor"0" introduced the following Resolution entitled "RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE MAIDEN LANE PAVING AND SANITARY SEWER ASSESSMENT PROJECT" and moved that it be adopted. Council Member Raker seconded the motion to adopt. The roll was called and the vote was, ABSENT: �ignrr� unr nT.,; ra NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 94-223 RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF -CONTRACT AND NOTICE TO BIDDERS ON THE MAIDEN LANE PAVING AND SANITARY SEWER ASSESSMENT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That MMS Consultants Inc., Engineers, are hereby ordered and directed to prepare and file with the Clerk detailed plans and specifications for the construction of the Maiden Lane Paving and Sanitary Sewer Assessment Project. BE IT FURTHER RESOLVED that the Attorney is hereby ordered and directed to prepare and file with the Clerk a Notice to Bidders and form of contract for the construction of the Maiden Lane Paving and Sanitary Sewer Assessment Project. PASSED AND APPROVED this 21st day of ,Tune , 1994. ATTEST: v12_"//Wi May r pro t r -2- AHLERS COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. ♦TTONNEYSATUW DESMOINES.IOWA ZZ3 i \t 7j�,L Council Member Kubbv introduced the following Resolution and moved its adoption. Council Member Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Novick. Throgmorton. Baker. Lehman, Kubbv Whereupon the Mayor declared the following Resolution duly adopted: Resolution No. 94=224 RESOLUTION ORDERING BIDS, APPROVING PLANS, SPECIFICATIONS AND FORM OF CONTRACT AND NOTICE TO BIDDERS, FIXING AMOUNT OF BID SECURITY, AND ORDERING CLERK TO PUBLISH NOTICE AND FIXING A DATE FOR RECEIVING SAME, AND FOR A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Maiden Lane Paving and Sanitary Sewer Assessment Project, is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the detailed plans and specifications as prepared by MMS Consultants Inc., Engineers, for the project, for the construction of the Maiden Lane Paving and Sanitary Sewer Assessment Project, and the form of contract and Notice to Bidders, as approved by the Attorney, be and the same are hereby approved, subject to hearing thereon, and are hereby ordered placed on file in the office of the Clerk for public inspection. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of said specifications. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to publish notice to bidders once in the Press -Citizen, a legal newspaper, printed wholly in the English language, published at least once weekly and having general circulation in this City. Publication shall be not less than four clear days nor more than forty-five days prior to July 26 , 1994, which latter -3- AHLERS. COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, M .rroex cra .r uw oce xoix ea.iow. 22L f date is hereby fixed as the date for receiving bids. Said bids are to be filed prior to 10:30 o'clock A .M., on said date. Bids shall be received and opened at a public meeting as provided in the public notice and the results of said bids shall be considered at the meeting of this Council on August 2 1994, at 7:30 o'clock P M. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to publish notice of hearing once in said newspaper, said publication to be not less than four clear days nor more than twenty days prior to the date hereinafter fixed as the date for a public hearing on the plans, specifications, form of contract and estimate of costs for said project, said hearing to be -held at 7:30 o'clock P M. on July 5 , 1994. PASSED AND APPROVED this 21st day of June , 1994. ATTEST: roz c107140352.fin -4- AHLER$ GOONEY, DORWEILER, HAYNIE, SMITH Or ALLBEE, PC Ar NNSATu D[t YU1Mil.1QW CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) CIG -3 9/91 I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 21st day of June , 1994. SEAL c10714031CIG3.fin City Clerk, Iowa City, Iowa AHLERS. CO0NEY, DORWEILER, HAYNIE, SMITH & ALLDEE, P.C. .no¢r,er¢wr uw oe¢uaiH¢e. iow� 7 L�� 1\ RESOLUTION NO. 94_,�?9 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, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following - named persons and firms to sell cigarettes: ECONOFOODS — 1987 BROADWAY STREET r It was moved by T,,h, ,n and seconded by Raker the Resolution be adopted, and upon roll call there were: AYES: X X X NAYS: ABSENT: X Baker _ X Horowitz _ Kubby _ Lehman _ Novick Pigott Throgmorton Passed and approved this 21st day of 19 94 . I G4 MAYOR I pro to Approved by ATTEST:/J O CITCIT C� LE ity Attorney's Office clerk\cigpermt.res 2z5 RESOLUTION NO. 94-226 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Memories - 928 Maiden Lane Vito's - 118 E. College Street The Mill Restaurant - 120 E. Burlington Street It was moved by Throgmorton and seconded by Kubby that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz x Kubby g Lehman % Novick X Pigott X Throgmorton Passed and approved this 5th day of Jules , 1994 - \danceprm.res M ,�MAYOR cele RESOLUTION NO. 94-927 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, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following - named persons and firms to sell cigarettes: Hilltop Lounge — 1100 N. Dodge Street Gasbys — 1310 S. Gilbert Street It was moved by Throgmorton and seconded by Kubbv the Resolution be adopted, and upon roll call there were: AYES: X X X X 7 X X NAYS: Passed and approved this 5th day of �6 MG ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 19 94 _. Approved by ATTEST: -?,T_ IfLl) ( ) \�,_� CIT CLERK _3I—�rty Attorney's Office derMcigpermt.res 22? 11 RESOLUTION NO. 94-228 RESOLUTION APPROVING FINAL PLAT OF SOUTHWEST ESTATES, PART SIX, IOWA CITY, IOWA. WHEREAS, the owner, Hodge Construction and Dean Oakes Construction, filed with the City Clerk the final plat of Southwest Estates, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa: Commencing at the Northeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Said Point being the Northeast Corner of Lot 58 of Southwest Estates Subdivision, Part Four, in accordance with the Plat thereof Recorded in Plat Book 30 at Page 75, of the Records of the Johnson County Recorder's Office; Thence S89140'1 5"W, along the North Line of Said Southeast Quarter, and the North Line of Said Southwest Estates Subdivision, Part Four, 401.14 feet, to the Point of Beginning; Thence S10°12'36"W, along the West Line of Said Southwest Estates, Part Four, 366.87 feet; Thence Southeasterly 13.59 feet, along said West Line, on a 244.48 foot radius curve, concave Southwesterly, whose 13.59 foot chord bears S78°11'49"E; Thence S1 3123'45"W, along said West Line, 130.00 feet, to a point on the Northwesterly Line of Southwest Estates Subdivision, Part Five, in accordance with the Plat thereof Recorded in Plat Book 33, at Page 223, of the Records of the Johnson County Recorder's Office; Thence S77135'08"W, along said Northwesterly Line, 107.37 feet; Thence S56123'06"W, along said Northwesterly Line, 403.26 feet; Thence S27122'43"W, along said Northwesterly Line, 145.47 feet; Thence S06134'40"W, along said Northwesterly Line 108.90 feet, to a Point on the Northerly Line of Southwest Estates Subdivision, Part Two, in accordance with the Plat thereof Recorded, in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence Northwesterly, 67.44 feet along said Northerly Line, on a 680.00 foot radius curve concave Southwesterly, whose 67.42 foot chord bears N8601 5'49"W; Thence N89106'1 8"W, along said Northerly Line, 115.31 feet, to the Northwest Corner thereof; Thence S00153'42"W, along the West Line of Said Southwest Estates Subdivision, Part Two, 60.00 feet; Thence N89106'18"W, 115.01 feet; Thence N00053'42"E, 256.40 feet; Thence N12135'21"E, 237.78 feet; Thence N19044'30"W, 61.59 feet; Thence N70115'30"E; 138.21 feet; Thence N67010'23"E, 50.06 feet; Thence N69053'10"E, 109.43 feet; Thence N36019'28"E, 464.30 feet, to a Point on the North Line of said Southeast Quarter, of Section 13; Thence N89140'1 5"E. along said North Line, 311.36 feet, to the Point of Beginning. Said tract of land contains 10.21 Acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and M Resolution No. 94-228 Page 2 WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 5th day of July , 1994. �Ct-sf� MAYOR Approved by ATTEST:� CL,,aI.a- CITY CLERK City Attorney's Offic It was moved by Novick and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton ppdadmin\swest.res 0:,%4 RESOLUTION NO. 94-229 RESOLUTION APPROVING FINAL PLAT OF DEAN OAKES FOURTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Dean Oakes Construction Company, filed with the City Clerk the final plat of Dean Oakes Fourth Addition, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa: Beginning at the Northeasterly Corner of Lot 8, Dean Oakes Second Addition to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 30, at Page 18, of the Records of the Johnson County Recorder's Office; Thence N77158'32"W, (A RECORDED BEARING), along the Northerly Line of said Dean Oakes Second Addition, 150.00 feet; Thence Northeasterly, 9.72 feet along said Northerly Line on a 300 foot radius curve, concave Southeaster- ly, whose 9.72 foot chord bears N1 2157'09"E; Thence N76107'09"W, along said Northerly Line, 100.00 feet; Thence N88°49'57"W, along said Northerly Line, 70.28 feet; Thence N01 109'59"E, 153.50 feet; Thence Southeasterly, 233.37 feet, along a 696.50 foot radius curve, concave Southwesterly, whose 232.28 foot chord bears S78°27'10"E; Thence N21 108'47"E, 420.79 feet; Thence S18144'15"E, 423.19 feet; Thence S38121'16"E, 305.90 feet; Thence Southwesterly, 27.10 feet, along a 469.38 foot radius curve, concave southeasterly, whose 27.10 foot chord bears S49159'29"W; Thence S48020'1 5"W, 48.80 feet; Thence Southwesterly, 22.31 feet, along a 15.00 foot radius curve, concave Southeasterly, whose 20.31 foot chord bears S05144'02"W; Thence Southeasterly, 22.08 feet, along a 463.73 foot radius curve, concave Southwesterly, whose 22.08 foot chord bears S35030'20"E; Thence S34108'29"E, 50.39 feet; Thence S55151'31 "W, 192.25 feet, to a Point on the Easterly Line of said Dean Oakes Second Addition; Thence N20118'55"W, along said Easterly Line, 9.94 feet; Thence N29049'18"W, along said Easterly Line, 62.00 feet; Thence N49157'10"W, along said Easterly Line, 216.17 feet; Thence N20°55'14"W, along said Easterly Line, 57.15 feet; Thence N01 102'34"E, along said Easterly line, 57.15 feet, to the Point of Beginning. Said Tract of Land Contains 5.28 Acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. aa� Resolution No. 94-229 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 5th day of July , 1994. ATTEST: 22za",,.) 4 `ifQaw CITY CLERK )22, r' MAYOR Approved by City Attorney's It was moved by Throemorton and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Y Baker X Horowitz _ X Kubby X Lehman X Novick X Pigott X Throgmorton ppdadmin%oakeskh. res aa� DI RESOLUTION NO. 94-230 RESOLUTION RESCINDING RESOLUTION NO. 94-211 AND APPROVING A CHAPTER 2BE AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY ALLOWING THE CITY OF IOWA CITY TO REVIEW AND APPROVEZONING AND SUBDIVISION PROPOSALS ON PROPERTY FORMERLY IN THE CORPORATE LIMITS OF IOWA CITY. WHEREAS, the 28E agreement between the City of Iowa City and the City of Coralville has been amended; and WHEREAS, the Iowa City City Council previously approved the 28E agreement between the City of Iowa City and the City of Coralville in Resolution No. 94-211; and WHEREAS, the City of Iowa City wishes to rescind the prior approval and approve the amended 28E agreement between the City of Iowa City and the City of Coralville; and WHEREAS, Reese F. Greer owns approximately 95 acres of land located in northwest Iowa City; and WHEREAS, Mr. Greer has requested that the 95 acres of land be severed from the City of Iowa City and annexed into the City of Coralville; and WHEREAS, the portion of the property located south of Clear Creek is an environmentally sensitive area potentially containing wetlands, floodplain and woodland; and WHEREAS, development of that portion of the property may affect other properties remaining within the corporate limits of the City of Iowa City; and WHEREAS, pursuant to Chapter 28E, Code of Iowa (1993), any power or authority exercised by a public agency may be exercised jointly with any other public agency; and WHEREAS, the City of Coralville has agreed to allow Iowa City to review and approve all rezoning and subdivision proposals on the portion of the subject property lying south of Clear Creek. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 94-211; approving the prior 28E agreement between the City of Iowa City and the City of Coralville is hereby rescinded. 2. The Mayor and City Clerk are hereby authorized to execute the Chapter 28E agreement with the City of Coralville, which is attached hereto and incorporated by this reference. Said agreement is hereby approved as to form and content, and is found to be in the best interest of the citizens of Iowa City, Iowa. 0 Resolution No. 94-230 Page 2 3. The City Clerk is hereby authorized to record a certified copy of this resolution, with the executed agreement attached, in the Johnson County Recorder's Office and to file a copy of the Resolution and Agreement with the Secretary of State, as required by Chapter 28E, Code of Iowa (1993). The Clerk is directed to request a copy of the recorded document for the permanent file maintained by the City Clerk. Passed and approved this 5th day of July , 1994. ATTEST: 7e `i� CIT LERK It was moved by Novick and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton ppdadmin\greer.res D 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY ALLOWING THE CITY OF IOWA CITY TO REVIEW ZONING AND DEVELOP- MENT OF PROPERTY FORMERLY LOCATED IN THE CORPORATE LIMITS OF THE CITY OF IOWA CITY. THIS AGREEMENT is entered into pursuant to Chapter 28E, Code of Iowa (1993) by the City of Coralville, Iowa (hereafter "Coralville") and the City of Iowa City, Iowa (hereafter "Iowa City"). WHEREAS, Reese F. Greer owns property legally described as follows: Point of beginning at the center of the Northeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M., thence south along the east line of the west half of the Northeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M., thence west along the south line of the west half of the Northeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M. to a point where the southwest corner of the west half of the Northeast Quarter, Township 79 North, Range 7 West of the 5th P.M. and the Southeast comer of the Northwest Quarter, Township 79 North, Range 7 West of the 5th P.M. do meet, thence north along the west line of the west half of the Northeast Quarter to a point where the northwest corner of the Southwest Quarter of the Northeast Quarter, thence north 404.25 feet, thence west 308.22 feet, thence north 1677.39 feet to a point on the south right-of-way line of Heartland Rail Corp., thence southeasterly along said south line of said right-of-way to a point on the east line of the Northwest Quarter of the Northeast Quarter, Township 79 North, Range 7 West of the 5th P.M., thence south to the point of beginning WHEREAS, Mr. Greer has requested that the approximate 95 acres of land located in northwest Iowa City be severed from Iowa City and annexed into the City of Coralville; and WHEREAS, the portion of the subject property located south of Clear Creek contains environmentally sensitive features which may include wetlands, woodlands and floodplains; and WHEREAS, development of this property may affect adjacent properties remaining in the corporate limits of Iowa City; and WHEREAS, Coralville and Iowa City desire to enter into an agreement allowing Iowa City to review rezoning and subdivision proposals pertaining to the portion of the subject property located south of Clear Creek, as specifically contemplated in Chapter 28E, Code. NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS SET FORTH HEREIN, THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY AGREE AS FOLLOWS: Coralville will zone the portion of the above-described property located south of Clear Creek, R -I, Residential, upon annexation of the property into the City of Coralville. 2. All proposals submitted to Coralville requesting Coralville to rezone the subject property from Coralville's zoning classification of R-1, Residential, to any other zoning classifica- tion will be submitted to the City of Iowa City for review and approval. No rezoning requests from R-1 to any other zoning designation shall be approved without approval of the City Council of Iowa City. M 2 3. All proposals submitted to Coralville to subdivide the subject property shall be submitted to the City of Iowa City for review and approval. No subdivision of the subject property shall be approved without the approval of the City Council of Iowa City. 4. This agreement shall remain effective as long as the subject property remains in the Coralville corporate limits or until the Agreement is cancelled or modified by joint agreement of the Coralville City Council and the Iowa City City Council. 5. This agreement shall be recorded in the Johnson County Recorder's Office and Secretary of State's Office as provided by Chapter 28E, Code of Iowa (1993), with each party sharing one-half of the recording cost. Executed with approval and on behalf of the City of Coralville and the City of Iowa City this 1eday p 199 OFC RALVILLE CITY OF IOWA CITY Mayor, City of Coralville ATTEST: uw-ri CITY CLERK,, STATE OF IOWA ) ) ss: JOHNSON COUNTY ) - I SUSan M. Horowitz, Mayor ATTEST: &4cwt26044—) City Jerk by I L�4�%..1 LVY t1omeP"ffice On this 56 day of 1994, before me, So .1MP F -a ,* V, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. 94 230• - passed by the City Council on the 5+k day of 4 1994, and that Susan M. Horowitz and Marian K. Karr acknowledged the bxecution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. —, dna � Notary Public in and for the State of Iowa Z36 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this �� day of �Tu t 1994, before me, a Notary Public in and for the State of Iowa, personally appeared and v to me personally known, and, who, being by me duly swom, did say that the are the Mayor and City Clerk, respectively, of the City of Coralville, 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 Resolution No. CA+ 83 L� passed by the City Council on the day of I , 1994, and that a 116-r - and IV S r� acknowledged th execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 'Mbl n II Ah 5 *W6gla b 1A A941i'Nd. Nckary Publi in and for he State of Iowa ppdadmin\greer.28E 99 Council Member Noviek introduced the following Resolution entitled "RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST" and moved that the same be adopted. Council Member Thrnemortnn seconded the motion to adopt. The roll was called and the vote was, . ., .. -1O-rowknimWIM. Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 94-231 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE MAIDEN LANE PAVING AND SANITARY SEWER ASSESSMENT PROJECT WHEREAS, this Council has proposed a Resolution of Necessity for the Maiden Lane Paving and Sanitary Sewer Assessment Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: Section 1. That the proposed Resolution of Necessity described above is hereby: El Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of Amendments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. -5- AHLERS, GOONEY, DORWED.ER, HAYNIE, SMITH & ALLBEE, P.C. ATTONN"SATUW OESMOINESJOWA 251 Deferred for later consideration to a Council meeting to be held on the day of , next, at o'clock M., at this meeting place, with juris- diction retained for further consideration and action at the adjourned meeting. Abandoned. Section 2. That all written requests for agricultural deferment by property owners must be filed within ten (10) days following the date of adoption of this Resolution. PASSED AND APPROVED this 5rh day of T„T3 , 1994. Mayor ATTEST: AHLER& COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. ATTONNCYBATLAW OCOM0IN63.I0WA ' 2z1 EXHIBIT A SCHEDULE OF AMENDMENTS TO THE RESOLUTION OF NECESSITY PROPOSED FOR THE MAIDEN LANE PAVING AND SANITARY SEWER ASSESSMENT PROJECT The Resolution of Necessity proposed for the Maiden Lane Paving and Sanitary Sewer Assessment Project is amended -as follows: A. By eliminating therefrom the proposed improvements with locations following, to -wit: INORK4 B. By making changes in the preliminary plat and schedule of assessments as follows, to -wit: C. By amending said Resolution of Necessity, as follows, to -wit: NONE I certify that the foregoing'schedule lists all amendments to the Resolution of Necessity as adopted by the Council. Clerk -7- AHLERS. COONEX DONWEILER. HUNIE. SWM & AUBE& PG wTro[[a[wr uw ou roi[p.ioww 231 CA 1�S Council Memberintroduced the following Resolution entitle "RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST" and moved that the same be adopted. Council Member Lehman seconded the motion to adopt. The roll was called and the vote was, AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz NAYS: B/G Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 94-232 RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST WHEREAS, on the 21st day of June , 1994, plans, specifications, form of contract and estimated cost were filed with the Clerk of Iowa City, Iowa, for the construction of the Maiden Lane Paving and Sanitary Sewer Assessment Project, within the corporate limits; and WHEREAS, said plans and specifications are consistent and in compliance with the final grades heretofore established by ordinance for all streets to be improved; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, BL ATTONN"S AT l DES NOINESJOWA PASSED AND APPROVED, this 5th day of 1994. ATTEST: c10714035R"o.doc ME AHLERS GOONEY, DORWEH.ER, HAM, SHITH & ALLBEE, P.C. ATTOIIHETBATL OEOYOIMEI.IOWA 232. RESOLUTION NO. 94-243 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO ENTER INTO A JOINT PARTICIPATION AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION, AIR AND TRANSIT DIVISION, FOR TRANSIT CAPITAL FUNDING FROM THE FEDERAL TRANSIT ADMINISTRATION UNDER SECTION 3 OF THE FEDERAL TRANSIT ACT, AS AMENDED. WHEREAS, the City of Iowa City has undertaken to provide its residents with a public transit system; and WHEREAS, a regular program of transit capital equipment replacement is necessary to ensure the provision of public transit service; and WHEREAS, Federal Transit Act Section 9 capital funds are not available in sufficient amounts for transit capital purchases which are required in Federal FY94. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The City Manager is authorized to act as signatory on behalf of the City on all joint participation agreement documents with the Iowa DOT for capital transit funding under Section 3 of the Federal Transit Act, as herein contemplated. The City Manager is authorized to sign all necessary contract documents, when funds are made available, for the purchase of three transit coaches from the Gillig Corporation, as herein contemplated. Passed and approved this 5th day of July 1994. MAYOR pprove b : ATTEST:/J Ai n v�Q t CITY CLERK CITY TTO It was moved by Throemorton and seconded adopted, and upon roll call there were: AYES: x x_ X X X jccog[pljpaic.res NAYS: ABSENT: Baker OFFICE the Resolution be Horowitz Kubby Lehman Novick Pigott Throgmorton af� 233 I6 ^F5 RESOLUTION NO. 94-294 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DAVIS BUILDING PARTNERS FOR THE SUITE, FIRST FLOOR CENTER, DAVIS BUILDING, 322 E. WASHINGTON STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City has negotiated a two-year lease agreement with Davis Building Partners for the rental of the suite, first floor center of the Davis Building, 322 E. Washington Street, Iowa City, Iowa. WHEREAS, the City Council deems it in the public interest to enter into said lease for the purpose of renting office space for the Assisted Housing Programs from July 1, 1 994,through June 30, 1996, at a cost of $27,150 for the first year and with the second year to be negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to sign and the City Clerk to attest said lease agreement with Davis Building Partners. 2. That the City Clerk shall furnish a copy of the lease agreement to any citizen who requests it. Passed and approved this 9th day of T10 , 1994. ATTEST: CIT CLERK Approved by cz )City Attorney's Office It was moved by P; gr,rr and seconded by } the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker x Horowitz g Kubby g Lehman g Novick g Pigott X Throgmorton hisasst/davisbld.res 42 RESOLUTION NO. 94-745 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE MAIDEN LANE PEDESTRIAN BRIDGE PROJECT. WHEREAS, Iowa Bridge & Culvert Inc. of Washington, Iowa has submitted the lowest responsible bid of $104,015.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The contract for the construction of the above-named project is hereby awarded to Iowa Bridge & Culvert, Inc. of Washington, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subjectto the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this srh day of 1994. MAYOR Approved by ATTEST: 742c4 .,� � CIT CLERK City Attorney's Office Oz�o It was moved by m4)raTtt&R and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker x— Horowitz g Kubby g Lehman g Novick g Pigott X Throgmorton pweng\mdrdnbr.res 235 RESOLUTION NO. 94-235 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 1. WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $423,265.20 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Metro Pavers, Inc. of Iowa City, Iowa subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 5th day of 1994. MAYOR Approved y ATTEST: CIT CLERK City Attorney's Office / �/4 It was moved by pignrr and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X— Baker x Horowitz g Kubby g Lehman g Novick _x— Pigott Throgmorton pweng\rohret.res 2310 RESOLUTION NO. 94-237 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH JOHNSON COUNTYJOWA, FOR TEMPORARY USE OF PORTIONS OF MAIER AVENUE, A COUNTY ROAD, AS DETOUR DURING ROHRET ROAD RECON- STRUCTION PROJECT, PHASE I. WHEREAS, the City of Iowa City has determined the necessity to close the city -maintained portion of Rohret Road in various segments, in order to allow the construction of the Rohret Road Reconstruction Project Phase 1, ("Project"), which will be from approximately the city limits to Weber School along Rohret Road; and WHEREAS, it is necessary to provide a detour for the construction site during the construction period for the Project, in order to protect the safety of persons and property in the surrounding areas; and WHEREAS, the City and Johnson County have negotiated an agreement concerning the detour along Maier Avenue, a Johnson County road; and WHEREAS, it is in the public interest to enter into an agreement setting forth the conditions and respective obligations of the parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement for temporary use of portions of Maier Avenue attached hereto and made a part hereof is in the public interest, and is hereby approved as to form and content. 2. The Mayor and City Clerk are authorized to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this Sth day of T-0 1994. MAYOR ATTEST: 27k2Ai� 9C. -ZA CIT CLERK City Attorney's Office �/1�� It was moved by Novick and seconded by Rnkp, the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman #— Novick X — Pigott w Throgmorton pweng\mWerave.res 231 AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA FOR TEMPORARY USE OF PORTIONS OF MAIER AVENUE, A COUNTY ROAD, AS DETOUR DURING ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 1 This Agreement is made by and between the City of Iowa City, Iowa, a municipal corporation ("City") and Johnson County, Iowa ("County"). WHEREAS, the City of Iowa City has determined the necessity to close the city -maintained portion of Rohret Road in various segments, in order to allow the construction of the Rohret Road Reconstruction Project Phase 1, ("Project"), which will be from approximately the city limits to Weber School along Rohret Road; and WHEREAS, it is necessary to provide a detour for the construction site during the construction period for the Project, in order to protect the safety of persons and property in the surrounding areas; and WHEREAS, the City and Johnson County have negotiated an agreement concerning the detour along Maier Avenue, a Johnson County road; and WHEREAS, it is in the public interest to enter into an agreement setting forth the conditions and respective obligations of the parties. NOW, THEREFORE, in consideration of their mutual promises herein, the City of Iowa City, Iowa, and Johnson County, Iowa, agree as follows: City has determined the necessity to close the city -maintained portion of Rohret Road, in various segments, in order to allow the construction of the Rohret Road Reconstruc- tion Project Phase 1, ("Project"), which is from approximately the city limits to Weber School along Rohret Road in Iowa City, Iowa. 2. City and County agree that it is necessary to provide a detour for the construction site during the construction period of the Project, in order to protect the safety of persons and property in the surrounding areas. 3. The City requests to use, and the County agrees to permit the City to use Maier Avenue, a Johnson County road, as a temporary detour during Phase 1 of the Project, and more particularly to use the following -described roadway: Maier Avenue from the city limits line (approximately 1,000 feet south of Rohret Road) to State Highway No. 1, being approximately 1.2 miles in length. 4. City and County agree that authorized engineers representing both the City and County shall jointly execute and sign a written report concerning the condition of the proposed detour, but only after jointly inspecting the detour area. City and County agree that said report shall be in sufficient detail to reasonably reflect the condition of the 231 2 roadway base, roadway surface and roadway shoulders prior to commencement of the detour use. 5. The City agrees as follows: a. To perform any necessary upgrading of signs and to maintain paving markings, and to do so prior to use of the roadway as a detour, said upgrading and maintenance to be set forth in the written report noted above. To maintain the detour roadway and provide all traffic control devices required by the Manual of Uniform Traffic Control Devices ("MUTCD)" during the time period when the County road is being used by the City as a detour. G. Prior to abandoning the detour, the City shall restore the County roadway to as good a condition as it was prior to use as a detour route, or to compensate the County for excessive traffic upon the County road during the detour period, all in accordance with Section 313.29, Code of Iowa (1993). 6. The detour period is estimated to begin July 18, 1994, and to end November 15, 1994. 7. Nothing herein shall alter the ownership of the roadway, or the respective responsibili- ties of the City and County herein as to the underlying detour roadway except as specifically set forth herein. Dated this s day of -k�a 199 CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA By: '4�" $LT7�N 7 Susan M. K o itz, Mayor Attest:&a.,,&� Marian—K. Karr, City Clerk App ved by A4ity Attorney's Office 6/j7/,[� By: w - .lir, Ste hen P. Lacina Chair, Board of Supervisors Attest: c+. Tom Slockett, County Auditor 239 Motion 3 CITY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this S WL42- day of 19 ci _, before me, Sorj,ct, Fo a otary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 (9rdiaaase) (Resolution) No. (7-1-- 237 passed by the City Council, on the5 +a day of -M19 L7+ , and that Susan M. Horowitz and Marian K. Karr acknowledged the execu tion of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) /L On this i3 -r day of c7U� 19q 7 , before me, fftlRRy V e C2 a Notary Public in and for the State of Iowa, personally appeaI4bd Stephen P. Lacina and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Board of Supervisors Chairperson and County Auditor, respectively, of Johnson County, 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 Board of Supervisors, as contained in OMXXi(XXXXK"YpX)GXdld(➢(XJ(-3(XXXXXXXXXXXX *Xp(JUXR)OXIOWCOX)od=Xk by the Board of Supervisors, N)5)OXXXi'd0XEtKKN)4XXXXXXXXXXXXXKKXE(&()BMM (XJQ(E(idt)kMX on the 2nd day of June 19 94 , and that Stephen P. Lacina and Tom Slockett acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Pub " in and for the State of Iowa pweng\rohretrd.agt `y ���jty aa-oev i0y_EXPIRES_, 237 P, qlt-r RESOLUTION NO. 94-238 �(L RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KESSLER SUBDIVISION HOMEOWNERS ASSOCIATION FOR TEMPORARY USE OF PORTIONS OF KESSLER DRIVE AND ROHRET COURT, PRIVATE ROADS, AS DETOUR ROAD- WAYS DURING ROHRET ROAD RECONSTRUCTION PROJECT, PHASE I. WHEREAS, the City of Iowa City has determined the necessity to close the city -maintained portion of Rohret Road in various segments, in order to allow the construction of the Rohret Road Reconstruction Project Phase 1, ("Project"), which will be from approximately the city limits to Weber School along Rohret Road; and WHEREAS, it is necessary to provide a detour for the construction site during the construction period for the Project, in order to protect the safety of persons and property in the surrounding areas; and WHEREAS, the City and Kessler Subdivision Homeowners Association have negotiated an agreement concerning the detour along Kessler Drive and Rohret Court, which are private roads; and WHEREAS, it is in the public interest to enter into an agreement setting forth the conditions and respective obligations of the parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement for temporary use of portions of Kessler Drive and Rohret Court attached hereto and made a part hereof is in the public interest, and is hereby approved as to form and content. 2. The Mayor and City Clerk are authorized to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this srh day of 1994. ATTEST:�c� 9Y. SLI/ CITY CLERK Ap'pr ved by � (� � City Att rney's Office 6 ,z9 g It was moved by Novick and seconded by ThrngmnrtOn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X T Kubby X Lehman Novick Pigott Throgmorton pwenglkessler.ms AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE KESSLER SUBDIVISION HOMEOWNERS ASSOCIATION FOR TEMPORARY USE OF PORTIONS OF KESSLER DRIVE AND ROHRET COURT, PRIVATE ROADS, AS DETOUR ROADWAYS DURING ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 1 This Agreement is made by and between the City of Iowa City, Iowa, a municipal corporation ("City") and the Kessler Subdivision Homeowners Association ("Association"). WHEREAS, the City of Iowa City has determined the necessity to close the city -maintained portion of Rohret Road in various segments, in order to allow the construction of the Rohret Road Reconstruction Project Phase 1, ("Project"), which will be from approximately the city limits to Weber School along Rohret Road; and WHEREAS, it is necessary to provide a detour for the construction site during the construction period for the Project, in order to protect the safety of persons and property in the surrounding areas; and WHEREAS, the City and Association have negotiated an agreement concerning the detour along Kessler Drive and Rohret Court, which are private roads; and WHEREAS, it is in the public interest to enter into an agreement setting forth the conditions and respective obligations of the parties. NOW, THEREFORE, in consideration of their mutual promises herein, the City of Iowa City, Iowa, and the Kessler Subdivision Homeowners Association agree as follows: City has determined the necessity to close the city -maintained portion of Rohret Road, in various segments, in order to allow the construction of the Rohret Road Reconstruc- tion Project Phase 1, ("Project"), which is from approximately the city limits to Weber School along Rohret Road in Iowa City, Iowa. 2. City and Association agree that it is necessary to provide a detour for the construction site during the construction period of the Project, in order to protect the safety of persons and property in the surrounding areas. The City requests to use, and the Association agrees to permit the City to use Kessler Drive and Rohret Court, which are private roads, as a temporary detour during Phase 1 of the Project, and more particularly to use the following -described roadway: Kessler Drive from Maier Avenue to Rohret Court and Rohret Court from Kessler Drive to Rohret Road. 4. City and Association agree that authorized representatives from both the City and Association shall jointly execute and sign a written report concerning the condition of the proposed detour, but only after jointly inspecting the detour area. City and Association agree that said report shall be in sufficient detail to reasonably reflect the 23 G 2 condition of the roadway base, roadway surface and roadway shoulders prior to commencement of the detour use. 5. The City agrees as follows: a. To perform any necessary upgrading of signs and to maintain paving markings, and to do so prior to use of the roadway as a detour, said upgrading and maintenance to be set forth in the written report noted above. b. To maintain the detour roadway and provide all traffic control devices required by the Manual of Uniform Traffic Control Devices ("MUTCD)" during the time period when the private road is being used by the City as a detour. C. Prior to abandoning the detour, the City shall restore the private roadway to as good a condition as it was prior to use as a detour route, or to compensate the Association for excessive traffic upon the private road during the detour period, all in accordance with Section 313.29, Code of Iowa (1993). 6. The detour period is estimated to begin July 18, 1994, and to end November 15, 1994. 7. Nothing herein shall alter the ownership of the detour roadways, except City agrees to defend, indemnify and hold Association harmless from any and all third liability claims asserted by reason of this Agreement. Dated this 5 kti day of—UL, , 1994. CITY OF IOWA CITY, IOWA KESSLER SUBDIVISION HOMEOWNERS ASSOCIATION By: Zaj-4a-,(l Susan M. Horowitz, Mayor Attest: Mana�City Clerk rity ved bttorney's Office u�/� Bernard Osvald, President �/� /. _ ��....■. t •. J Member' / a.av o • .- 234 3 CITY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this S +) day of J 19ci[4 , before me, Snrcj r, -,e F, A- , a N6tary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did saythat 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 (AfdiaaR e) (Resolution) No. q4 --23b passed by the City Council, on the 5+k day of --3-, , 199+, and that Susan M. Horowitz and Marian K. Karr acknowledged the tecution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. �- Notary Public in and for the State of Iowa KESSLER SUBDIVISION HOMEOWNERS ASSOCIATION ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ;-9 `day of A.D. 192c�_, before me, the undersigned, a Notary Public in and for the"State of Iowa, personally appeared 262Z; r.,,rd/ Odf rid/ and &V'e _ /�i� , to me personally known, who, being by me duly sworn, did say`thathey are the and Aa4 46 respectively, of said Association executing th within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of the Association by authority of its Board of Directors; and that the said -.?*- and An2,,2 ,,,,,,Aas such officers acknowledged the executio�r Jof said instrument to be the voluntary act and deed of said Association, by it and by them voluntarily executed. Notar Public in and for said County and State nAkessler.agt 23g RESOLUTION NO. 96-2a9 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 1/MORMON TREK INTERSECTION IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing on the plans, specifications, form of contract, and estima a of cost for the construction of the above-mentioned project is to be held on the 1 ay of,lal 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 7/;L ';V? 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A 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 19th day of Jul y , 1994. AYOR pproved by ATTEST:cc��A CITY�CLERK Ci y Attorney's Office It was moved by Novick and seconded by TT-hr.�^ ^vF6v^� the Resolution be adopted, and upon roll call there were: AYES: x x x x Y Y X pweng\hwy1 intr.res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ?39 3�_J- 46_ �(2_1_ RESOLUTION NO. 94-240 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTHWEST SANITARY SEWER PROJECT, PHASE II, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing on the plans, specifications, form of contract, and estimatip of cost for the construction of the above-mentioned project is to be held on the ay o -JuFy, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing rklZ- for the above-named proposal 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. A 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 i 9th day of July 1994. ATTEST:�7%c-rte(/ CITY- CLERK City Attorney's Office 7/$Xe It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: pwengtnmtsnsw.ms AYES: NAYS: ABSENT. Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 94-241 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIENS FOR PROPERTY LOCATED AT 803 E. CHURCH STREET, IOWA CITY, IOWA WHEREAS, on July 31, 1990, the property owner of 803 E. Church Street executed a Promissory Note to the City of Iowa City in the amount of $3,513.50 in exchange for Housing Rehabilitation Assistance; and WHEREAS, on November 20, 1991, the owner executed a second Promissory Note to the City of Iowa City in the amount of $19,600 in exchange for additional Housing Rehabilitation Assistance; and WHEREAS, on April 28, 1993, the owner executed a third Promissory Note to the City of Iowa City in the amount of $6,060.72 in exchange for additional Housing Rehabilitation Assistance; and WHEREAS, said Promissory Notes created liens against the subject property totalling $29,174.22; and WHEREAS, the total balance due under all loan instruments was paid in full on June 22, 1994. 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 Liens for recordation, whereby the City does release the property located at 803 E. Church Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the principal amounts of $3,513.50, $19,600 and $6,060.72, which obligations were recorded in Book 1160, Pages 171 thru 175; Book 1303, Pages 262 thru 266; and Book 1592, Page 231, respectively, of the Johnson County Recorder's Office. Passed and approved this 19th day of July. 1994. _ c MAYOR� J pp ed by ATTEST: CITY --CLERK City Attorney's 09 ice It was moved by Novick and seconded by Thronrtnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 7 Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton ppdrehaM803chrch. res Z -+I RELEASE OF LIENS The City of Iowa City does hereby release the property located at 803 Church Street, Iowa City, Iowa, legally described as follows: The North half of Lot 4, Block 9, Iowa City, Iowa, according to the recorded plat thereof. from the following obligations: 1. An obligation of the property owner to the City of Iowa City, Iowa, in the principal amount of $3,513.50 represented by a Promissory Note recorded on July 31, 1990, in Book 1160, Pages 171 thru 175 of the Johnson County Recorder's Office. 2. An obligation of the property owner to the City of Iowa City, Iowa, in the principal amount of $19,600 represented by a Promissory Note recorded on November 20, 1991, in Book 1303, Pages 262 thru 266 of the Johnson County Recorder's Office. 3. An obligation of the property owner to the City of Iowa City, Iowa, in the principal amount of $6,060.72 represented by a Promissory Note recorded on April 28, 1993, in Book 1592, Page 231 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. THE CITY OF IOWA CITY By: lJ^ A-vt C A Susan M. Horowitz, Mayor Attest: 2kca u— l('. 76 j Marian K. Karr, City Clerk Zj STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 19 day of a 4�H 19-1:!t-_, before me, So _ �orl a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. 94- 2H-! passed by the City Council on the 19 *h day of ::1;,19A:L and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. sm„ V� Notary Public in and for the State of Iowa ppdmhab%03chmh.re1 RESOLUTION NO. 94-242 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1601 CENTER AVENUE, IOWA CITY, IOWA WHEREAS, on December 18, 1986, the property owner of 1601 Center Avenue executed a Promissory Note to the City of Iowa City in the amount of $2,500 in exchange for Housing Rehabilitation Assistance; and WHEREAS, said Promissory Note created a lien against the subject property; and WHEREAS, the balance due under the loan instrument was paid in full on December 7, 1992. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1601 Center Avenue, Iowa City, Iowa, from an obligation of the property owner to pay to the City the principal amounts of $2,500, which obligation was recorded in Book 905, Page 68 of the Johnson County Recorder's Office. Passed and approved this 19th day of July , 1994. N • ATTEST: ML CITY CLERK City Attorney sOffi e It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman Novick v Pigott Throgmorton ppdrehab\1601 cares Z42 RELEASE OF LIEN The City of Iowa City does hereby release the property located at 1601 Center Avenue, Iowa City, Iowa, legally described as follows: Lot 1 in Block 12 in Rundell, an addition to Iowa City, Iowa -according to the recorded plat thereof. from the following obligation: An obligation of the property owner to the City of Iowa City, Iowa, in the principal amount of $2,500 represented by a Promissory Note recorded on December 18, 1986, in Book 905, Page 68 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. THE CITY OF IOWA CITY By: �(/))_"� ih , _ t>r Susan M. Horowitz, Mayor Attest: /Uue _) h • /�M� Marian K. Karr, City Clerk STATE OF IOWA 1 ) ss: JOHNSON COUNTY ) On this /9 day of 19 9¢ , before me, So„"i a Notary Mblic in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. 17-kL— 24-2. passed by the City Council on the /q f{ day ofj « 19%_, and that Susan M. Horowitz and Marian K. Karr acknowledged the xecution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. sdb4- Notary Public in and for the State of Iowa ppdrehab11601 ctr.rel 2'fZ L�VJ 465 RESOLUTION NO. 94-243 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 226 S. JOHNSON STREET, IOWA CITY, IOWA WHEREAS, on June 14, 1985, the property owner of 226 S. Johnson Street executed a Promissory Note to the City of Iowa City to secure a loan for $10,000 with a declining balance loan in exchange for Housing Rehabilitation Assistance; and WHEREAS, said Promissory Note created a lien against the subject property; and WHEREAS, $9,000 of said $10,000 loan has been forgiven, leaving a remaining principal balance of $1,000; and WHEREAS, the remaining balance due for the loan was paid in full on June 15, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 226 S. Johnson Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the principal amount of $10,000, which obligation was recorded in Book 775, Pages 260 thru 263 of the Johnson County Recorder's Office. Passed and approved this 19th day of 1994. Q -s-( )h. c MAYOR pprove by ATTEST: 9 . CITY CLERK City Attorney's Offic It was moved by No,. 4,1 and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: X X X X X ppdrehab12261ohns.ms NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 2Lt3 RELEASE OF LIEN The City of Iowa City does hereby release the property located at 226 S. Johnson Street, Iowa City, Iowa, legally described as follows: South 100 feet Lot 5 and S. 100 feet of the W. 40 feet of Lot 6, in Block 23, of Iowa City. from the following obligation: An obligation of the property owner to the City of Iowa City, Iowa, in the principal amount of 51,000 represented by a Promissory Note recorded on June 14, 1985, in Book 775, Pages 260 thru 263 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the property above by reason of said prior recorded documents. THE CITY OF IOWA CITY By: A,LU-44 d�D�oytJ� Susan M. Horowitz, Mayor Attest:u� Marian K. Karr, City Clerk City Attorney's Offic STATE OF IOWA ) ss: JOHNSON COUNTY ) On this (y *11day of J C . 19before me, SorArQP FO, -A- , a gotary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. 9•F— 2'(-3 passed by the City Council on the day of 3 19g , and that Susan M. Horowitz and Marian K. Karr acknowledged e execution of the instrument—tb be -their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. -s"j. Notary Public in and for the State of Iowa ppdrehab\226johns.re1 2L( s \--e05 &L- RESOLUTION L RESOLUTION NO. 94-244 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1228 LOUISE STREET, IOWA CITY, IOWA WHEREAS, on July 30, 1991, the property owner of 1228 Louise Street executed a Life Lien Note in the amount of $2,500 in exchange for Housing Rehabilitation Assistance; and WHEREAS, the balance due under the loan instrument was paid in full on July 7, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1228 Louise Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the principal amount of $2,500 which obligation was recorded in Book 1280, Pages 298 through 302, respectively, of the Johnson County Recorder's Office. Passed and approved this 19th day of July \] 1994. MAYOR ;ity vedbyATTEST:�CIT CLERK Attorney's fice It was moved by Novick and seconded by Throgmo on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman Novick Pigott Throgmorton ppdrehabN12281aui. res 24Y RELEASE OF LIEN The City of Iowa City does hereby release the property located at 1228 Louise Street, Iowa City, Iowa, legally described as follows: Lot Nine (9), Block Six (6), Towncrest Addition to Iowa City, Iowa, according to the recorded plat thereof, subject to covenants, restrictions and easements of record. from the following obligation: An obligation of the property owner to the City of Iowa City, Iowa, in the principal amount of $2,500 represented by a Life Lien recorded on July 30, 1991, in Book 1280, Pages 298 thru 302 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. THE CITY OF IOWA CITY By: blt (C C-rt� 0 1 ,Susan M. Mayor Attest: 4-.- 71 Marian K. Karr, City Clerk STATE OF IOWA i ss: JOHNSON COUNTY ) Approved by J City Attorney's Office 710 On this It? _ day ofJk�y 19 F4 before me, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 conta ned in Resolution No. 4— 2 passed by the City Council on the I +_, of , 19 , and that Susan M. Horowitz and Marian K. Karr acknowledged a execution of the nstrument to he their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. J"ez t5, - Notary Public in and for the State of Iowa ppdrehab\12281oui.rel RESOLUTION NO. 94-245 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORMWATER MANAGEMENT EASEMENT AGREEMENT FOR IDYLLWILD CONDOMINIUMS WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and Idyllwild, Inc. (hereinafter "Developer") entered into a Stormwater Management Easement Agreement for Idyllwild Condominiums dated February 12, 1992, and recorded in the Johnson County Recorder's Office in Book 1337, Pages 163-167; and WHEREAS, the Stormwater Management Easement Agreement and Large Scale Residential Development (LSRD) Plan for Idyllwild Condominiums obligate Developer to construct two stormwater management facilities; and WHEREAS, the City does not ordinarily release a development from the construction requirements relating to stormwater management facilities until the City Engineer certifies that permanent groundcover is established and mowable; erosion and sedimentation are wholly or substantially controlled; and substantially all lots within the tributary area in the development have been developed; and WHEREAS, in the interim, a lien remains on Idyllwild Condominiums with a cloud on the titles to all the condominiums in the development; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the Partial Release Agreement would remove the cloud on the title to Idyllwild Condominiums, while protecting the City by reason of the lien attaching to an established escrow fund, said escrow fund to be established and maintained by the City Finance Department; and WHEREAS, the remaining requirements for maintenance, access and other requirements of the Stormwater Management Easement Agreement and the requirement of the LSRD plan would continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to execute the Partial Release Agreement for Idyllwild Condominiums in order to protect local property values. 2. The Council finds that transferring the real estate lien to the escrow account is reasonable under the circumstances and protects the City's interests. 3. The Mayor is hereby authorized to execute and the City Clerk to attest the Partial Release Agreement, a copy of which is attached hereto. Developer shall record this a, ?-L s Resolution No. 94-245. Page 2 agreement in the Johnson County Recorder's Office. 4. Upon certification from the City Engineer that construction of the stormwater management facilities has been satisfactorily completed; permanent groundcover has been established and is mowable; erosion and sedimentation has been wholly or substantially controlled; and, in the opinion of the City Engineer, substantially all lots within the tributary area in the Development have been developed, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorders Office. It was moved by Novi rk and seconded by Throemor on the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X WWA'I&I ABSENT: Baker Horowitz Kubby Lehman Novick - Pigott Throgmorton Passed and approved this 19th day of July , 1994. MAYOR < Approv�d ATTEST:�f i'�w.tJ CIN LERK City ttom6y's Off(-�y �y saehhUwduseWyll.res z4K PARTIAL RELEASE AGREEMENT This Partial Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and Idyllwild Development, Inc. (hereinafter "Developer"). INCONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The parties acknowledge that by reason of a Large Scale Residential Development Plan (hereinafter "LSRD") and Stormwater Management Easement Agreement for Idyllwild Condominiums (hereinafter "Development") dated February 12, 1992, and recorded in the Johnson County Recorder's Office in Book 1337, Pages 163-167, as part of the documents beginning at page 146, Developer is obligated to construct Stormwater Management Facilities (hereinafter "Facilities") as required by the City and as a benefit to the Development. The parties further acknowledge that this obligation is deemed a covenant running with the land. 2. The parties acknowledge that $7,500.00 has been placed in escrow with the City for Idyllwild Condominiums. The parties further acknowledge that this escrow is being retained by the City pending completion of the Facilities, as certified by the City Engineer. 3. The City acknowledges that construction of the Facilities herein has been substantially completed, but that final release of the Facilities by the City is not yet appropriate. For this reason, the Stormwater Management Easement Agreement constitutes a lien and cloud on the property in the Development. 4. In consideration of the City's release of its lien on the property, Developer agrees that the lien on the property in the Development shall be transferred to and shall immediately attach to the escrow for this property, and that this lien shall remain attached to the escrow until such time as the Facilities has been completed; permanent groundcover is established and mowable; erosion and sedimentation are controlled; and, in the opinion of the City Engineer, substantially all land within the tributary area in the Development has been developed. At such time, the City will issue a final release to the Developer for recordation. 5. Developer agrees that said escrow will be retained until all work on the Facilities has been completed and the Facilities are finally released by the City as provided above. Z+5 6. In consideration thereof, the City does hereby release Idyllwild Condominiums from any lien or cloud now'placed on the title to the above property for the purposes stated in paragraphs 1 through 4 above, and arising out of the agreement referenced in paragraph 1 above. 7. This Partial Release Agreement shall not be construed as a release of Developer's obligations to complete the stormwater management facilities and the site work incident thereto, which obligations shall remain the Developer's responsibility until the Facilities have been completed and finally released by the City. Nor shall this Partial Release Agreement in any way alter, amend or modify the Stormwater Management Easement Agreement recorded in the Johnson County Recorder's Office in Book 1337, Pages 163-167, or the LSRD and OPDH plans except as provided in this agreement. Dated this I`I . day of July, 1994 IDYLLI CITY OF IOWA CITY, IOWA Susan M. Horowitz, Mayor Attest: Aa w- Marian K. Karr, City Clerk 2J45 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) `M On this 19 day of July, 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Benjamin Chait, to me personally known, who being by me duly sworn did say that he is the President of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Benjamin Chait as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. No ry Public in and for the State of Iowa s �'C CYNTHIA A. USHER MY COMMISSION EXPIRES -i3-9S STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Iq day of July, 1994, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Susan M. Horowitz 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 foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Saral..Fa Notary Public in and for the State of Iowa Qes C3 /L RESOLUTION NO. 94-246 RESOLUTION ACCEPTING THE WORK FOR THE 1994 SANITARY AND STORM SEWER PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 1994 Sanitary and Storm Sewer Project as included in a contract between the City of Iowa City and Tschiggfrie Excavating, of Dubuque, Iowa, dated February 7, 1994, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of July , 1994. ATTEST: CIT CLERK AYOR Approved by C Attorney's Office ��'9� It was moved by Novick and seconded by Thregmerten the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton pweng194strystres ,,I I Pp 6Q - RESOLUTION NO. 94-247 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR SOUTH- WEST ESTATES SUBDIVISION, PART 5, AND DECLARING PUBLIC IMPROVE- MENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Southwest Estates Subdivision, Part 5, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Southwest Estates Subdivision, Part 5, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. It was moved by Novick and seconded by Throemorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Courtney X Horowitz X Kubby X McDonald y_ Novick X Pigott X Throgmorton Passed and approved this 19th day of July 1994. MAYOR Approved y ATTEST:_ e 9�� CITY LERK pweng\swestpt5.res S WityAttorney's Office 7//u/9� RESOLUTION NO. 94-248 RESOLUTION APPROVING FINAL PLAT OF SCOTT'S FOURTH ADDITION, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Dean Oakes, filed with the City Clerk the final plat of Scott's Fourth Addition, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Johnson County, Iowa: Lot 4, of Scott's Second Addition, in accordance with the Plat thereof, Recorded in Plat Book 31, at Page 46, of the Records of the Johnson County Recorder's Office, into lots and streets, as shown hereon. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 19th day of ,Tule , 1994. ATTEST: 9 CIT CLERK ppdadmin\oakesfin.m 951 ayg Resolution No. Page 2 It was moved by Novick and seconded by Raker the Resolution be adopted, and upon roD call there were: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton V RESOLUTION NO. 94-249 RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended, and Title IX of the Affordable Housing Act of 1990; and WHEREAS, on April 26, 1994, the City of Iowa City adopted Resolution No. 94-123, authorizing filing of the 1994 CDBG Program Statement; and WHEREAS, the addition of a new project requires an amendment to said 1994 CDBG Program Statement and Budget; and WHEREAS, it is an objective of the CDBG Program to make affordable housing available to all residents of Iowa City, and WHEREAS, Hillcrest Family Services has requested that $17,300 of 1994 CDBG funds be utilized to provide operational costs as required for a HUD Supportive Housing Grant; and WHEREAS, on June 22, 1994, the Committee on Community Needs recommended approval of said allocation of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the 1994 Community Development Block Grant Program Budget as amended, attached hereto as Exhibit A is hereby approved. Passed and approved this 1 qrh day of T„T1 1994. iL._LC.IA I✓r1 � L MAYOR ved by ATTEST: AZ141jq� CITY LERK City Attorneys ffice It was moved by ���gmten and seconded by Pigott the Resolution be adopted, and upon roll call there were: ppdcdbg\hi0crst.res AYES: NAYS: ABSENT: Baker X Horowitz X Kubby X Lehman X Novick X Pigott Throgmorton z*5 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET SUMMARY - 1994 PROGRAM YEAR Project CDBG Budget CDBG Budget Approved 4/26/94 Amended 7/19/94 Acquisition GICHFBurns - Affordable Mixed Income Multi -family Rental Housing $151,500 $151,000 Public Facilities and Improvements Neighborhood Centers of Johnson County - New Facility 151,000 151,000 Goodwill Rehab Phase V 51,000 51,000 Domestic Violence Intervention Program - Children's Area Development 15,500 15,500 GICHF - Landscaping 8,500 8,500 Iowa City Public Housing Authority - Landscaping 33,500 33,500 Youth Homes - Exterior Repair of Waterfront Drive Property 61,000 61,000 Public Services LIFE Skills, Inc. - Housing Support Program Coordinator 16,060 16,060 Mayor's Youth Employment Program - Youth Stipends 16,250 16,260 Hillcrest Family Services - Operational Costs Transitional Housing Program 0 17,300 Aid to Human Service Agencies 105,000 105,000 Rehabilitation Elderly Services Agency - Small Repair Program 16,500 16,500 City of Iowa City - Housing Rehab Program 244,000 244,000 City of Iowa City - Manufactured Housing Replacement 46,400 46,400 City of Iowa City - Manufactured Housing Fire Safety 11,250 11,250 Economic Development Institute for Social and Economic Development - Microenterprise Development 17,750 17,750 Administration & Planning General Administration 115,000 115,000 Planning and Research 15,000 15,000 Unprogrammed Funds 54,790 37,490 TOTAL $1,130,000 $1,130,000 Sources of Funds 1994 CDBG Entitlement $ 969,000 $ 969,000 1993 Program Income - Housing Rehab 90,000 90,000 1993 Other Program Income ($10,000) Carryover ($31,000) 41,000 41,000 1994 Estimated Program Income 30,000 30,000 TOTAL $1,130,000 $1,130,000 ppdcdbg\budgsum .94 244-5 I 0 RESOLUTION NO. 44_?sn RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM STATEMENT FOR THE USE OF $1,302,000 DOLLARS OF SUPPLEMENTAL CDBG FUNDS APPROPRIATED UNDER PUBLIC LAW 103-211, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT WHEREAS, the City of Iowa City, Iowa, received an allocation of $1,302,000 under a federal Supplemental CDBG appropriation for Disaster Recovery Assurance under Public Law 103- 211; and WHEREAS, a Program Statement has been developed for the use of these funds giving priority to relocation assistance for households residing within the floodplain and for hazard mitigation; and WHEREAS, the City will coordinate the use of the grant funds with other federal, state, and local resources for the effective use of all such funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager of the City of Iowa City, Iowa, is hereby directed to file with the U.S. Department of Housing and Urban Development the Program Statement for the 1994 Supplemental Community Development Block Grant (CDBG) funds for Disaster Recovery Assistance. A copy of the Program Statement listing the included activities is attached hereto. 2. The City Manager is authorized and directed to provide all necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said Program Statement. 3. The City Manager is designated the Chief Executive Officer to act on behalf of the City in connection with the Program Statement and to provide additional information as may be required. Passed and approved this 19th day of July 1994. '" GZ–nt / h . 473'1 t L t� MAYOR �—� �n,, /� ved by J%�/ 6 ATTEST: /"`/Q.ue�aJ �S-. 'X/^�iY. CIT LERK ity Attorney's ffice �,yX legaRprogstmt.res 256 Resolution No. 94-250 Page 2 It was moved by T.Phman and seconded by adopted, and upon rolF call there were: AYES: NAYS: Novick the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton STATEMENT OF OBJECTIVES #2 Supplemental CDBG Allocation 1. Acquisition Acquire land for a mobile home park, and land located in the floodplain, said floodplain land to become open space and remain so in perpetuity. 2. Relocation To provide relocation assistance, where necessary, to persons residing in the floodplain property to be purchased. 3. Administration and Planning To administer relocation and acquisition projects according to local, state, and federal law. To plan for the use of funds to relocate households currently residing in the floodplain. PROPOSED USE OF FUNDS 1. Acquisition of property 24CFR570.201(a) Funds will be used to buy-out: 1. developed land located in the floodplain in order to mitigate future flood hazards; 2. vacant land for the construction of a manufactured housing park to provide a relocation opportunity for former floodplain residents; 3. vacant land located in the floodplain. All floodplain land that is purchased will remain as public open space in perpetuity. 2. Relocation 24CFR570.201(i) Funds will be utilized for relocation expenses incurred by households moving out of the floodplain. 3. Administration and Planning 24CFR570.206 General management, oversight and coordination of the flood assistance program as well as planning and coordination for the use of other funds in relation to this program. Assistance to residents moving out of the floodplain,,and activities to ensure that floodplain land remains as open space for public use in perpetuity. NATIONAL OBJECTIVE 24CFR570.208(c) These activities are designed to meet community development needs having a particular urgency. The 1993 flood caused numerous problems for the residents of Iowa City; and with these funds the City hopes to mitigate future flood hazards and assist with the relocation of households out of the floodplain. 250 #2 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM BUDGET SUMMARY Prolect\Activity CDBG Budget Acquisition of Land $ 820,000 Relocation Assistance $ 350,000 Administration and Planning $ 132.000 TOTAL $1,302,000 Sources of Funds #2 Supplemental CDBG Funds TOTAL $1,302,000 250 COORDINATION OF ACTIVITIES Introduction The 1993 flood caused extensive damage to homes, personal property, and public facilities in Iowa City. In an effort to restore the community and its citizens to their pre -flood condition, a number of federal, state, and local agencies and organizations assisted thousands of persons. To promote effective and efficient use.of time and money, coordination among these organizations and governmental agencies was needed, and has become progressively more effective over the past year. Coordination of Activities The activities outlined in this Program Statement are designed to mitigate future flood hazards in Iowa City. The Federal Emergency Management Agency (FEMA) has a Hazard Mitigation Program for these types of activities. The City of Iowa City contacted FEMA and the State of Iowa Emergency Management Office regarding the proposed activities. The FEMA program, operated by the State, was out of funds so the City of Iowa City is proposing to use the Supplemental CDBG (second allocation) funds to carry -out the proposed hazard mitigation activities. As a buy-out program initiated, we will continue to work with the Iowa City Parks and Recreation Department and other groups working with open space plans. As needed, we will also allocate CDBG, HOME and\or local funds to assist in the relocation of households out of the floodplain. Where necessary, we will work with the Public Housing Authority and supportive service agencies to provide assistance to these households. 2-5(? FROM: CITY OF CORRLUILLE FAX NO.: 319 351 5915 RESOLUTION NO. 94-251 09-14-95 10:03R P.02 RESOLUTION AUTHORIZING THE EXECUTION OF A PERMANENT EASEMENT AGREEMENT AS PART OF THE CONSTRUCTION OF THE HIGHWAY NO. 6 FIFTH LANE IMPROVEMENTS PROJECT NO. STP -6-7(44)-2C-52 WHEREAS, the Iowa Department of Transportation is proceeding with the Coralville U.S. Highway No. 6 Fifth Lane Improvements Project No. STP -6-7(44)--2C-52 (hereinafter referred to as "Project'); and WHEREAS, said Project at its easterly end includes the general area of intersection of Rocky Shore Drive and U.S. Highway No. 6 which involves land within the corporate limits of the City of Iowa City ("Iowa City"), land within the corporate limits of the City of Coralville ("Coralville"), and land owned by the State University of Iowa; and WHEREAS, Coralville has by 2BE Agreement between the Cities of Coralville and Iowa City been designated as "Lead Agency" for this Project, which necessitates the sharing and/or acquisition of certain storm sewer easements and facilities; and WHEREAS, the State University of Iowa ("University") is the recipient and owner of a storm sewer Easement in the area described in an "Easement Agreement" dated August 8, 1975 and recorded August 11, 1975 in Book 448, page 236 in the Johnson County Recorder's Office, with language therein to the benefit of the successors and assigns of the respective parties thereto; and WHEREAS, the Project requires expanding said Easement by the widening thereof, and improvement of the drainage facility therein which shall be acquired by Coralville from the existing land owners for the benefit of the parties hereto; and WHEREAS, initially it is procedurally necessary for University to assign, convey and share with Coralville and Iowa City its rights and privileges acquired in the above-described recorded Easement. NOW, THEREFORE, RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT. 1. University hereby conveys and assigns to Coralville and Iowa City the non-exclusive right to join and share with University in the use and benefit of the above-described recorded Easement. z_ Coralville as Lead Agency in the Project will proceed with the expansion and improvement of the storm water drainage easement and facility for the joint and mutual benefit of the parties hereto. 3. Coralville as Lead Agency for the Project shall hold University and Iowa City harmless from any liability or responsibility for the expansion and improvement of said recorded storm sewer drainage easement. 4. The provision hereof shall be binding upon the parties hereto, their successors and assigns. asr FROM: CITY OF CORRLUILLE FAX NO.: 319 351 5915 09-14-95 10:03A P.03 Resolution No. 94-251 Page 2 5_ A certified copy of this Resolution and Easement Agreement shall be recorded in the Johnson County Recorder's Office, at Iowa City expense. Passed and approved this 19th day of f [:kLy MAYOR Approved b/�?r.�v�✓�flL�� ATfEsr: «s.� % CIT CLERK ity Attorney's Office 9�Ss/9fc It was moved by 'Nnvt rtr and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman x Novick Pigott y_ Throgmorton ywgnq%5eh4rw.m as.� FROM: CITY OF CORRLUILLE FRX NO.: 319 351 5915 09-10-95 10:049 F.04 EASEMENT AGREEMENT THIS AGREEMENT is entered into by and between the State University of Iowa, hereinafter referred to as 'Uaivc sity" and the City of Coralville, Johnson County, Iowa, a Municipal Corporation, hereilnRer referred to as 'Coralville' and the City of Iowa City, Johnson County, Iowa, a Municipal Corporation, hereinafter referred to as "Iowa City." WHEREAS, the Iowa Department of Transportation is proceeding with the Coralville U.S. Highway No. 6 Fifth Ime Improvements Project No. STP -6-7(44)-2C-52 (hereinafter referred to as 'Project"); and WHEREAS, said Project at its easterly end includes the general area of the intersection of Rocky Shore Drive and U -S. Highway No- 6 which involves land within the corporate limits of lora City, land within the corporate limits of C rralville, and land owned by University; and WHEREAS, Coralvilic has by 28E Agre:mcot been designated as "Lead Agency" for this Project which necessitates die staring and/or acquisition of certain storm sewer easements and facilities; and WHEREAS, University is the recipient and owner of a storm sewer Easement in the area entitled 'Easement Agreement' dated August 8, 1975 and recorded August 11, 1975 in Book 448 at page 236 in the Johnson County Recorder's Office with verbiage therein to the benefit of the successors and assigns of the tesJwctive patties thereto; and WHEREAS, a Project requirement includes the expanding of said Easement by the widening thereof and improvement of the drainage facility therein which shall be acquired by Coalville from the existing land owrles for the benefit of the parties hereto; and WHEREAS, initially it is procedurally necessary for University to assign, amvey and share with Caraiville and Iowa City its rights and privileges ugwred in the above described recorded Easemcia. NOW, THEREFORE, the parties hereto agree as follows: 1. University hereby conveys and assigos to Coralville and Iowa City the non- exclusive right to join and share with University in the use and benefit of the above described recorded Easement. 2. Coralville as Lead Agency in the Project will proceed with the expansion and improvement of the slum water drainage easement and facility btr the joint and mutual benefit of the parties hereto - 3. Coratville as Lead Agency for the Project shall bald University and Iowa City harmless from any liability or responsibility far the expansion and improvement of said recorded swarm sewer "wage easement. 4. The provisions hereof sball be binding upon the parties hereto, their successors and assigns. Jobason Cwnty Project No- 5tP-6-7(44)-2C-52 Stow Bmnt of aegenffi, University of low+ (Facet 13) page I of 3 awl FROM CITY OF CORRLOILLE FAX NO.- 319 351 5915 09-14-95 10-04R P.05 IN WITNESS WHERFAF this Agreement is executed on the date so beside each of the parties hereto. #ii iii k} CITY OF CORALVILLE, IOWA 9s. Attest' (iL voi 4LLa Arlys.Haomam, My Clerk. CITY OF IOWA CrTY, IOWA I)+te11 this day of 4, 1994. tt Sdsao Horowitz`; Mayor J Marion H. Karr, City Clerk ApFpM 6y STATE UNIVERSITY OF IOWA �?+ C Dated this q day r1f 19A��f � Slate Romd of Rcgeo� K. Wayne ey, •xecative Di or Dated this Ad day of , 1990 StaW of Iowa, Execitive Council of Iowa Poh"m Cuunty Project Nu. SrP47(44)_2C52 Smm &m d of ftenb, llvi ity of rows (ISrcrJ 13) Page 2 of 3 as�� FROM. CITY OF C50a Ln ILLE FAX Ne.: 319 351 5915 09-14-95 10105a P.06 STATE OF IOWA, JOHNSON COUNTY, ss: On this c day ofpetsmhaty app1994, before me, the undersigned, a Notary Public in and for the State of 1 ,eared Allm L. Axchn and Arlys Hannam, to me personally known, who, being by me duly sworn, did say that they ace the Mayor and City Clerk, respectively, of the City of Curalville, Iowa; a municipal corporation; 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 passel by Resolution of the City Council and Allan L. Axceo and Arlys Hanham acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Public in 1 dd fa�a 113W rN C�ms�►�aon� hies STATE OF IOWA, JOHNSON COUNTY, ss: `OI On this J day of A"j j 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Susan Horowitz and Marion Karr, to toe personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrnmod was signed and scaled on behalf of the corporation, by autherity of its City Council as passed by Resolution of the City Council and Susan Horowitz and Marian Karr acknowledged the execution of the instrument to he their voluntary act and deed and the voluatary act and deed of the corporation, by it voluntarily executed. itmdhw� � Notary Public in and for the State of Iowa STATE. OF IOWA, COUNTY, ss: On this /M , day of , 199g{ before me, the undersigued, a Notary Public in and for the Static of Io personally apptared R- Wayne Richey, to me personally known, who, being by me duly sworn, did say that he is the Executive Director of the State Hoard of Regents, executing the within and foregoing instrument, that the said instrument was signed on behalf of said State Board of Regents and that the said R. Wayne Richey as Executive Director acknowledged the execution of the instrumeat to be thea[ voluntary act and deet and the voluntary act and deed of the Corporation, by it voluntarily executed. N Public in and for the S* of Iowa STATE OF IOWAsz: � Oo this A day of 19%0befere me, the undersigned, a Notary Public in and for the Sate of Iowa, Dally appeared Golda Beals, mare permoally (mown, who being by me duly sworn, did say that she is the Secretary of the Executive Council of Iowa, and that said instrument was signed and sealed on behalf of said Executive Council of Iowa, and tba said Golda Beals acknowledged the execution of said instrument to be the voluntary act and deal of said Executive Council of Iowa, by it voluntarily executed. N Pub wad fur ffie State of laws Johnson County Pmied No- SIP -6-7(44)--2G52 Slate Board of Regents, University of Ia (Pa -d 13) Page 3 of 3 "S I 1'9 dI4, RESOLUTION NO. q4-299 RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A PORTION OF LOT ELEVEN (11), IRISH'S EXTENSION OF WOODS ADDITION, FOR EXPANSION OF RENO STREET PARK. WHEREAS, in 1989 the City of Iowa City and Montessori School jointly purchased and improved Lot Eleven (11) in Irish's Extension of Woods Addition as an appropriate addition to Reno Street Park; and WHEREAS, this lot was subsequently split, with the City retaining ownership of the north half of the lot, and Montessori School retaining ownership of the south half; and WHEREAS, the purchase agreement also provided the City with a "right of first refusal" to purchase the south half of this property; and WHEREAS, Montessori School is now relocating, and wishes to sell their portion of Lot Eleven to the City, minus five feet; and WHEREAS, the Parks and Recreation Commission has voted to recommend the City acquire this property for the purpose of expanding Reno Street Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that: The City Council finds it is in the public interest to purchase a portion of Lot Eleven (11) in Irish's Extension of Woods Addition, measuring approximately 20' x 300' of the south half of Lot Eleven (11), Irish's Extension of Woods Addition, located immediately south of Reno Street Park. 2. The City of Iowa City's purchase by warranty deed of said property for $17,033.14 is hereby approved, and the City Manager is hereby authorized to execute all necessary documents to consummate said purchase. 3. The City Attorney is hereby authorized and directed to carry out all necessary actions to complete said transactions, as required by law. Passed and approved this 19th day of July 1994, d Gai. MAY OR Appr ved b ATTEST: Q�.�� i� C���✓ CITYCLERK ity Attorney's Office /�/9� parksrec\ldsh.res ZS? Resolution No. 94-252 Page ?- It It was moved by"Jaand seconded by Lehman the Resolution be adopted, and upon rolF ca I ere were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton Z52 W ', be RESOLUTION NO. 9a_953 RESOLUTION RESCINDING PRIOR RESOLUTION NO. 94-30 AND IN LIEU THEREOF SETTING FEES AND CHARGES WITH RESPECT TO THE ADMINIS- TRATION OF REGULATIONS OF VEHICLES FOR HIRE. WHEREAS, Chapter 35 of the Code of Ordinances of the City of Iowa City, Iowa, established regulations for vehicles for hire and drivers operating such vehicles within the City of Iowa City; and WHEREAS, Section 35-34 provides that a fee as set by Council resolution be paid by the applicant for issuance of a decal or a driver's badge; and WHEREAS, Section 35-32 provides that the applicant for a license must file a motor vehicle operator's liability insurance policy in the office of the City Clerk, in a form approved by the City and with minimum limits as set by City Council resolution; and WHEREAS, Section 35-31.1 provides that any owner or operator licensed or permitted to do business in Iowa City shall, upon' payment of the required fee, be entitled to a parking stand at a location on City street right-of-way to be designated by the Parking and Transit Director and Traffic Engineer; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Prior Resolution No. 94-30 establishing certain fees and charges for vehicles for hire is hereby rescinded effective March 1, 1995, and this Resolution adopted and approved in lieu thereof. 2. The following fees are hereby established for vehicles for hire as follows: a. Processing a company application: $20.00 for a one-year period expiring March 1 unless suspended or revoked, with no refunds. b. Issuance or replacement of a decal: $40.00 each for a one-year period expiring March 1 unless suspended or revoked. If the City is notified by the insurance carrier of cancellation of insurance, the decal will be removed and returned to the City Clerk's office, with no refund. C. Issuance of driver's badge: $7.50 each driver for a one-year period, or the remaining period of Chauffeur's/Operator's License if under one year. d. Designation of a parking stand: $660.00 in CBD zone and $420.00 in outlying areas per year for each stand, expiring March 1. Said fee may be pro -rated on a quarterly basis. e. All such fees shall be effective March 1, 1995. 3. The minimum limits for motor vehicle operator's liability insurance are to be quoted for all vehicle for hire operators as "individual" liability amounts, or in lieu thereof as a "combined" liability amount, said liability minimum amounts to be established at the following limits with a deductible not to exceed $500, and shall also comply with all state and federal requirements if greater: Z53 Resolution No. 94-253 Page 2 a. "Individual" Liability Amounts 1 . To cover the insured's liability for personal injury or death of one person, as a result of one accident or other cause, Two Hundred Fifty Thousand Dollars ($250,000.00). 2. To cover the insured's liability for personal injury or death of more than one person as a result of one accident or other cause, Five Hundred Thousand Dollars ($500,000.00). 3. To cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, One Hundred Thousand Dollars ( $100,000.00). b. "Combined" Liability Amount To cover the insured's liability for personal injury or death of one or more persons as a result of any one accident or other cause, and to cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, Five Hundred Thousand Dollars ($500,000.00) combined. Passed and approved this 19th day of �Tuy 1994. /` Sla,4 M,AYOR Approved by ATTEST: r> �"�"� rt CIT CLERK Cty Attorney's Office �jv/yy It was moved by I= and seconded by adopted, and upon roll call there were: AYES: clerMaxicab.rea NAYS: Novick the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 253 1'A RESOLUTION NO. 44_951, RESOLUTION RESCINDING RESOLUTION NO. 67-211 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION ESTABLISHING FEES AND POLICY FOR EXAMINATION OF PUBLIC RECORDS FOR SERVICES PERFORMED BY THE OFFICE OF THE CITY CLERK WHEREAS, every citizen has a right to examine and copy public records and documents, as provided by state law; and WHEREAS, the Iowa Code provides that a city may require all expenses for providing such work shall be paid by the person desiring to examine or copy such records; and WHEREAS, the City Council of Iowa City, Iowa recognizes the need to ensure the protection of public records, and to prevent interference with orderly office routine. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Prior City Council Resolution No. 87-211 is hereby rescinded effective September 1, 1994, in its entirety. 2. The following policy and fees are hereby established effective September 1, 1994: a. All requests for records shall be made during normal business hours. b. Normal response time for retrievals shall not exceed three (3) working days. C. Copying and retrieval charges do not apply to City officials and employees of the City carrying out the normal duties of their office or position. d. The City of Iowa City shall provide copies in the same manner as they are kept in the City Clerk's office. Specifically, the City is not responsible for additional calculations or information not contained in or on the documents themselves. e. Certified copies of any documents which are approved for copying can be obtained at the Office of the City Clerk when copies are made. If copies are removed from the Office of the City Clerk and later returned to be certified, it is not permissible for a certification to be made of those copies. Certified copies must be made at the time the photocopy is first made. f. The charge for copies of records and documents shall be per item as follows: 1) Photocopy/Microfilm copy $ .10 2) Duplicate or transfer of cemetery deed $10.00 3) Audio tapes of City Council meetings $ 3.50 4) Diskettes of City Council meetings $ 1.85 2SL-- Resolution No. 94-254 Page 2 g. No charge will be made for the first fifteen (15) minutes for the services of the City Clerk or staff in research, retrieval or copying of records. Retrievals of more than 15 minutes will be assessed in quarter-hour intervals at the rate of $5.00 per quarter hour. h. If the service requested cannot be completed during regular City Clerk office hours, a person may request the work be completed after hours. The charge will be based upon the overtime paid to the person providing assistance. The decision to authorize overtime shall be made by the City Clerk, and the City Clerk cannot guarantee the information will be provided in the time requested. Passed and approved this 19th day of July 1994. }iLGLI.Q.,flirt I 2 - MA OR ,, ��JJ Approved b��� �.�..J ATTEST: / �lG�i�cwse� � 7ys.t.L� CITY -CLERK Ity Attorney's Office ��y/9� It was moved by Noviel and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Baker g Horowitz X Kubby X Lehman Novick Pigott x Throgmorton legaftlerkfee.res I 1205 1(L RESOLUTION NO. 94-255 RESOLUTION RESCINDING RESOLUTION NO. 88-225, AND IN LIEU THEREOF ESTABLISHING FEES FOR DANCING PERMITS AND OUTDOOR SERVICE AREAS IN CONJUNCTION WITH LIQUOR LICENSES OR CLASS "B" PERMITS WHEREAS, Chapter 5 of the City of Iowa City Code of Ordinances provides that the amount of the fee for dancing permits for licensed premises be set by resolution; and WHEREAS, it has been proposed that the fee for dancing permits be increased and an administrative fee for outdoor service areas be maintained. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Prior City Council Resolution No. 88-225 is hereby rescinded in its entirety, effective September 1, 1994. 2. Fees for dancing permits and outdoor service areas are hereby established as follows, effective September 1, 1994: a. Dancing Permits Up to 150 square feet Over 150 to 200 square feet Over 200 to 400 square feet Over 400 to 600 square feet Over 600 to 800 square feet Over 800 square feet Temporary Five or Fourteen Day Permits b. Outdoor Service Areas All Outdoor Service Areas (permanent or temporary) $ 90.00 $ 115.00 $ 210.00 $ 300.00 $ 400.00 $1,000.00 $ 200.00 $ 25.00 per application Passed and approved this 19th day of July 1994. p1'wa � l r MAYOR Ap'p-r v/ed ATTEST: 9Y• (\--'��'" c �!�/ CIT CLERK City Attorney's Office le8andanceprm.res X55 Resolution No. 94-255 Page 2 It was moved by xnhhv and seconded by T.Phmnn the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott Throgmorton Z-115 RESOLUTION NO. 94-256 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Maxie's — 1920 Keokuk Street 6:20 — 620 S. MadisonStreet Field House — 111 E. College Street It was moved by Novick and seconded by Thromorton that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick Pigott Throgmorton Passed and approved this 19th day of July , 1994 . ATTEST:�jo�,�J CITY'CLERK ldanceprm.res MAYOR Apppved by ity Attorney Office 7-547 R, _Z 3cz— RESOLUTION NO. 94-257 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1994 CURB RAMPS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPEC- TION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 30th day of August, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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 2nd day of A„glycr , 1994 MAYOR A orrov d by / ATTEST: 'JI&O It was moved by Novick and seconded by T oT,m.,v the Resolution be adopted, and upon roll call there were: pmn9\ubr p.res AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton Z5? RESOLUTION NO. 94-258 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SITE SOCCER FIELD AND WASTEWATER PIPELINE GRADING IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 30th day of August, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) or more than twenty (20) days before said hearing. 3. A 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 ?nd day of a„g„Qt , 1994. • M YOR Approved by�s� ATTEST: CI LERK ity Attorney's It was moved by Nmri', and seconded by �ehmae the Resolution be adopted, and upon roll call there were: parksreclsmcer.res AYES: NAYS: ABSENT: x Baker x Horowitz x— Kubby x Lehman X— Novick x Pigott x Throgmorton ZSS RESOLUTION NO. 94-259 RESOLUTION AUTHORIZING APPLICATIONS FOR 25 UNITS OF SECTION 8 CERTIFICATES AND 25 UNITS OF SECTION 8 VOUCHERS. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has published a Notice of Fund Availability for Certificates and Vouchers; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Certificate, Voucher, and Public Housing Program and wishes to provide assistance to participants in housing assistance programs to become economically independent; and WHEREAS, the application is consistent with the CHAS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said applications to the Department of Housing and Urban Development for 25 Section 8 Certificates and 25 Section 8 Vouchers. 2. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 2nd day of August 1994. MAYOR Appr ATTEST: CIT LERK City qttOffice It was moved by Novi rk and seconded by T Phmnn the Resolution -� be adopted, and upon roll call there were: AYES: NAYS: ABSENT: hisassllsecSFv.ms X Baker x Horowitz - x Kubby x Lehman x Novick x Pigott Throgmorton 2!s7 qv -!�fL RESOLUTION NO. 94-260 RESOLUTION OF COMPLIANCE WITH SECTION 403A.5, CODE OF IOWA, IN CONJUNCTION WITH APPLICATIONS FOR SECTION 8 UNITS. WHEREAS, the City of Iowa City is making application for funding of additional rent assistance under the Section 8 Existing Housing Program through the Department of Housing and Urban Development; and WHEREAS, Section 403A.5, Iowa Code, provides: "A municipality or a 'Municipal Housing Agency' may not proceed with a housing project until a study or a report and recommendation on housing available within the community is made public by the municipality or agency and is included in its recommendations for a housing project. Recommenda- tions must receive majority approval from the local governing body before proceeding on the housing project."; and WHEREAS, Section 213(c) of the Housing and Community Development Act of 1974 states, in part, that the City Council must determine whether there is a need for such housing assistance, taking into consideration any applicable State or area -wide housing assistance plan as well as generally available data with respect to population, poverty, housing overcrowding, housing vacancies and substandard housing. An application may be approved only if the City Council's determination is affirmative; and WHEREAS, the application is consistent with the previously approved CHAS. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF IOWA CITY, IOWA determines there is a need for such additional assistance; is aware of the project and the study or report on available housing that is required by said statute; majority approval of the proposed project within its jurisdiction is hereby granted. This resolution shall serve as the City of Iowa City's final notice to the Department of Housing & Urban Development of such approval. No additional comment shall be provided by the City of Iowa City. Passed and approved this 2nd day of August 1994, MAYOR Approv d by ATTEST: mu tea., J C_g�/�// CITY -CLERK City Attorney's O ice hisasst\sec8app1. res wi b Resolution No. oa_9rn Page 2 It was moved by Novick and seconded by T. hman the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick X Pigott _ x Throgmorton M RESOLUTION NO. 94-261 RESOLUTION APPROVING AND AUTHORIZING EXECUTION AND RECORDA- TION OF DECLARATION OF TRUST FOR PROJECT NO. IA05P022006. WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority"), proposes to execute a Declaration of Trust (herein called the "Declaration") with the United States of America (herein called the "Government"). BE IT RESOLVED BY THE LOCAL AUTHORITY AS FOLLOWS: Section 1 . The Declaration, as prepared by the Government, in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Declaration in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Declaration shall have the respective meanings ascribed thereto in the Declaration. Section 3. This Resolution shall take effect immediately. It Passed and approved this 2nd day of Auu�eusc 199x M YOR � L� pp ved by ATTEST: CIT CLERK City Attorney's fice It was moved by Novick and seconded by T ohnnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton hisasst\dec ms4res D61 RESOLUTION NO. 94-262 RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRI- BUTIONS CONTRACT KC -9033E. PROJECT NO. IA05-E022-021. C-41 C(p,d__ WHEREAS, the City of Iowa City (the "Local Authority") proposes to enter into a revised contract (the "Annual Contributions Contract") with the United States of America (the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Annual Contributions Contract KC -9033E in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in five copies on behalf of the Local Authority, and the City Clerk is authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. Passed and approved this 2nd day of August , 1994. MAYOR l p ved by ATTEST: /!� CITY CLERK City Attorney's ffice It was moved by Novi rk and seconded by T AbMAn the Resolution be adopted, and upon roll call there were AYES: NAYS X X X X X X hisasst\contr2l.res ABSENT: Baker Horowitz Kubby Lehman Novick Pigott X Thmgmorton RECEIVED AUG 2 41994 +: U.S. Department of Housing and Urban Development ',. II�UIII".° Federal Building w,.. 210 Walnut Street, Room 239 Des Moines, Iowa 50309-2155 August 22, 1994. Mr. Ronald L. Henderson Housing Administrator Iowa City Housing Authority Civic Center 410 E. Washington St. Iowa City, IA 52240 Dear Mr. Henderson: SUBJECT: Section 8 Existing Consolidated Annual Contributions Contract No. KC -9033, Replacement Funding Increment, Project No. IA05-EO22-021 Enclosed is your copy of the fully executed Section 8 Existing Annual Contributions Contract for the above referenced project program. This replaces Project No. IA05-13022-007, with an effective date commencing July 1, 1994, and ending June 30, Sincerely, CLCD Barbara E. Kirschten, Chief Attorney Enclosures IA05-EO22-021 ACC Part I Number: KC -9033E U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT PART I for HOUSING CERTIFICATE PROGRAM 1.1 DEFINITIONS A. ACC As used in Part I of this CACC, "ACC" means the Annual Contributions Contract for each project. As used in Part II of this CACC, "ACC" means the CACC. B. Budget Authority r The maximum aggregate amount which may be paid by HUD for each project in the Program over the duration of the CACC. Budget Authority is reseived by HUD from amount authorized and appropriated by the Congress. (Exhibit II lists budget authority for projects funded with amounts appropriated in Federal Fiscal Year 1988 and later years.) C. CACC - Consolidated Annual Contributions Contract. D. Contract Authority - The amount of contract authority for each project is listed in Exhibit I or Exhibit II of this CACC Part I (subject to reduction in accordance with Section 1.4.D and section 2.3 of this CACC). E. Cost Amendment - An amendment to the CACC which provides additional contract or budget authority to cover increased Program Expenditures to maintain the Program at the number of units originally approved by HUD. F. Fiscal Year - The PHA Fiscal Year. ACC Part I: Page 1 of 6 pages G. HUD - U.S. Department of Housing and Urban Development. H. Maximum Annual Contribution Commitment - See section 1.4.c.l.b of this CACC. I. PHA - Public Housing Agency. J. Program - The PHA's Housing Certificate Program under the CACC. K. Program Receipts - Amounts paid by HUD to the PHA for the Housing Certificate Program, and any other amounts received by the PHA in connection with the Program. L. Program Expenditures - Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. M. Project - A funding increment for the Program. (The project may be for additional units or for a cost amendment.) 1.2 HOUSING CERTIFICATE PROGRAM A. Proiects in Program 1. List of Proiects - The Projects in the Program are listed in Exhibit I and Exhibit II of this CACC Part I. 2. Exhibit I - Exhibit I lists projects funded with amounts appropriated before Federal Fiscal Year 1988. 3. Exhibit II - Exhibit II lists projects funded with amounts appropriated in Federal Fiscal Year 1988 and later years. B. Number of Units (by number of bedre::)ms) - To the maximum extent feasible, the PHA shall enter into contracts for housing assistance payments for units under the Program in accordance .with the unit distribution stated in this section. No substantial deviation, as determined by HUD, from this unit distribution is allowed without prior HUD approval. Number of Bedrooms 0 1 2 3 4 ACC Part I: Page 2 of 6 pages Number of Units 10 223 242 7 a(0 -a,,, C. PHA Fiscal Year 1. The first fiscal year for the Program shall begin on JULY 1. (Enter the effective date for the first project listed in Exhibit I of the Part I of the CACC. If this date is not entered before the CACC is signed by the PHA.) The first fiscal year for the Program shall end on the last day of the PHA Fiscal Year which ends not less than 12 months, or more than 23 months, after this date. 2. Thereafter, the fiscal year for the Program shall be the 12 month.period ending JUNE 30 of each calendar year. (Enter the day and month used as the fiscal year ending date for other section 8 assistance administered by the PHA under an Annual Contributions Contract with HUD.) 1.3 TERM A. Exhibit I Projects - For all Projects listed in Exhibit I, the term of the CACC shall end on JUNE 25, 1996. (Insert last date of CACC term for all Exhibit I projects. If this date is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA.) B. Exhibit II Proiects - For each project listed in Exhibit II. 1. Exhibit II states the first date and last date of the ACC term for the project. 2. The first date of the ACC term for the project shall be the first day of the month when HUD signs the CACC which adds the project to the Program, or another date as determined by HUD. 3. If the first or last date of the ACC term for :the project is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA. 4. HUD may revise Exhibit II at any time, upon written notice by HUD to the PHA (a) to add a cost amendment project, or (b) to remove a project for which the ACC term has expired. ACC Part I: Page 3 of 6 pages 1.4 ANNUAL CONTRIBUTION A. Pavme,nt - HUD shall pay the PHA annual contributions for the Program in accordance with HUD regulations and requirements. B. Amount and Purpose of HUD Payments 1. The annual contribution for the Program shall be the amount approved by HUD for each fiscal year to cover: a. The amount of housing assistance payments by the PHA. b. The amount of PHA fees for Program administration. 2. The amount of the HUD annual contribution may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than the HUD annual contribution. C. Maximum Payments for Program 1. Annual Limit on Payments for Program a. Except for payments from the CACC reserve account as provided in section 1.4.E of this CACC, the HUD annual contribution for the program under section 1.4.B during the fiscal year shall not be more than the Maximum Annual Contribution Commitment for the Program. b. The Maximum Annual Contribution Commitment for the Program for each PHA fiscal year shall be equal to the sum of the contract authority amounts reserved by HUD for the projects in the Program. The amount of contract authority reserved for each project in the Program is stated in Exhibit I and II of this CACC Part I (subject to reduction in accordance with section 1.4.D and section 2.3 of this CACC). If the first fiscal year for the program is more than 12 months, the Maximum Annual Contribution Commitment for the Program for the first fiscal year may be adjusted in an amount as determined by HUD the addition of the pro rata amount applicable to the period in excess of 12 months. ACC Part I: Page 4 of 6 pages a�� 2. Limit on Total Pavments for Program - The sum of HUD payments under section 1.4.B for the Program over the duration of the CACC (including any payments from the CACC reserve account as provided in section 1.4.E) shall not be more than the sum of the budget authority amounts reserved by HUD the projects in the Program from amounts authorized and appropriated by Congress. D. Reduction of Amount Payable - HUD may reduce the amount payable by HUD for any project or for the Program, and may reduce the amount of the contract authority or budget authority for any project, by giving the PHA written notice of reduction in accordance with section 2.3 of this CACC. The notice by HUD may include a revision of Exhibit I or II or state the reduction in the amount of contract authority or budget authority for a project. E. CACC Reserve Account - A CACC reserve account shall be established and maintained by HUD, in an amount as determined by HUD consistent with its responsibilities under section 8(c)(6) of the U.S. Housing Act of 1937. The CACC reserve account may be used by HUD for payment of any portion of the payment approved by HUD under section 1.4.B for the fiscal year. F. Separate ACC - HUD's commitment to make payments for each project listed in Exhibit II shall constitute a separate ACC. 1.5 CACC A. The CACC consists of this CACC Part I (including Exhibits I and II) and the form ACC Part II prescribed by HUD for the Housing Certificate Program and Housing voucher Program, designated as form HUD 52520E, and dated June 1985. These documents constitute the whole CACC for the Program. ACC Part I: Page 5 of 6 pages B. This CACC supersedes any the projects or Program. projects or Program under shall be governed by this Signatures: PUBLIC HOUSING AGENCY previous Annual Contributions Contract for Matters relating to operation of the a previous Annual Contributions Contract CACC. Iowa City Housing Authority Name of PHA By J:1:1 4 ),hSCT ti F/9- 9 Signature vl Date Signed SUSAN M. HOROWITZ, MAYOR Print or Type Name and Official Title of Signatory UNITED STATES OF AMERICA Signature Datia Signe Harl M Hamblin Director Public Housing Des Moines Office Print or Type Name and Official Title of Signatory ACC Part I: Page 6 of 6 pages a(0a IA05-EO22-021 ACC Part I Number: KC -9033E EXHIBIT I Projects Appropriated Before Federal Fiscal Year 1988 Project ACC List Number Number IA05-EO22-008 KC -81-213 IA05-EO22-009 KC -83-207 IA05-EO22-010 KC -84-166 IA05-EO22-011 KC -86-076 Contract Authority $ 92,700 $ 87,300 $ 58,464 $129,600 Project ACC Effective Date 06/26/1981 10/18/1983 01/31/1985 02/01/1987 IA05-E022-021 ACC Part I Number: KC -9033E EXHIBIT II Proiects Appropriated In Federal Fiscal Year 1988 and Later Years Abbreviation: CA = Contract Authority BA = Budget Authority IA05-E022-019 $127,390 $ 636,950 Exhibit II: Page 1 of 3 pages 12/01/1993 11/30/1998 IBR - 20 2BR - 5 UNIT PROJECT FIRST DATE LAST DATE DISTRI- NUMBER CA BA OF TERM OF TERM BUTION IA05-E022-001 $193,968 $2,909,520 01/01/1976 12/31/1990 1BR - 46 2BR - 40 3BR - 10 4BR - 4 IA05-E022-002 $ 89,244 $1,338,660 07/01/1976 06/30/1991 OBR - 5 1BR - 31 2BR - 11 3BR - 2 IA05-E022-003 $169,524 $2,542,860 07/01/1976 06/30/1991 OBR - 9 1BR - 56 2BR - 23 IA05-E022-004 $168,552 $2,528,280 07/01/1977 06/30/1992 1BR - 28 2BR - 44 IA05-E022-013 $ 51,866 $ 259,330 01/01/1991 12/31/1995 1BR - 6 3BR - 2 4BR - 1 IA05-E022-016 $121,968 $ 609,840 11/01/1991 10/31/1996 1BR - 7 3BR - 11 4BR - 2 IA05-E022-006 $ 84,180 $1,262,700 07/01/1978 06/30/1993 2BR - 20 3BR - 5 IA05-E022-007 $132,300 $1,984,500 07/01/1979 06/30/1994 1BR - 10 2BR - 35 3BR - 5 IA05-E022-019 $127,390 $ 636,950 Exhibit II: Page 1 of 3 pages 12/01/1993 11/30/1998 IBR - 20 2BR - 5 IA05-E022-021 ACC Part I Number: KC -9033E EXHIBIT II Proiects Appropriated In Federal Fiscal Year 1988 and Later Years Abbreviation: CA = Contract Authority BA = Budget Authority UNIT PROJECT FIRST DATE LAST DATE DISTRI- NUMBER CA BA OF TERM OF TERM BUTION IA05-E022-901 $429,143 $ 858,286 08/23/1988 06/30/1990 IA05-E022-902 $128,000 $ 128,000 07/01/1990 06/30/1991 IA05-E022-903 $300,000 $ 600,000 02/01/1993 01/31/1995 IA05-E022-904 $170,000 $ 340,000 02/01/1993 01/31/1995 IA05-E022-001 ($193,968) 01/01/1991 (100) IA05-E022-002 ($ 89,244) 07/01/1991 ( 49) IA05-E022-003 ($169,524) 07/01/1991 ( 88) IA05-E022-004 ($168,552) 07/01/1992 ( 72) IA05-E022-006 ($ 84,180) 07/01/1993 ( 25) IA05-E022-007 ($132,300) 07/01/1994 ( 50) IA05-E022-901 ($429,143) IA05-E022-902 ($128,000) RENEWAL 86 X .0194• IA05-E022-014 $355,673 $1,778,365 Replacing IA05-E022-001 07/01/1990 07/01/1991 01/01/1991 IA05-E022-015 $584,624 $2,923,120 07/01/1991 Replacing IA05-HO22-002 and IA05-E022-003 Exhibit II: Page 2 of 3 pages 12/31/1995 06/30/1996 1BR - 46 2BR - 40 3BR - 10 4BR - 4 OBR - 10 1BR - 91 2BR - 34 3BR - 2 a0 IA05-E022-021 ACC Part I Number: KC -9033E EXHIBIT II Projects Appropriated In Federal Fiscal Year 1988 and Later Years Abbreviation: CA = Contract Authority BA = Budget Authority UNIT PROJECT FIRST DATE LAST DATE DISTRI- NUMBER CA BA OF TERM OF TERM BUTION IA05-E022-017 $385,735 $1,928,675 Replacing IA05-E022-004 IA05-E022-020 $147,752 $ 738,760 Replacing IA05-E022-006 IA05-E022-021 $288,430 $1,153,720 Replacing IA05-E022-007 Exhibit II: Page 3 of 3 pages 07/01/1992 07/01/1993 07/01/1994 06/30%1997 06/30/1998 06/30/1998 1BR - 28 2BR - 44 2BR - 20 3BR - 5 1BR - 10 2BR - 35 3BR - 5 ac�� RESOLUTION NO. 94-263 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR HUNTERS RUN, PART 9, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Hunters Run, Part 9, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Hunters Run, Part 9, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 2nd day of August 1994. Q � MAYOR ATTEST: cJ CIT CLERK It was moved by M1 "i,k and seconded by adopted, and upon roll call there were: pweng\hunters9.res AYES: X X X X X X NAYS: Approved y ity Attorneys Office �yy Lehman the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott X Throgmorton 2-63 RESOLUTION NO. 94-264 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR WALNUT RIDGE, PART 4, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Walnut Ridge, Part 4, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Walnut Ridge, Part 4, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 2nd day of August 1994. MAYOR , --yyam�, l Appr ved by ATTESTAAiu bu/ 95 %Ctr ✓ O CIT CLERK ity Attorney's Office It was moved by Nnvirk and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: pweng%walnuM s x Baker Horowitz _X X Kubby X Lehman X Novick X Pigott Throgmorton Z6� �, ?--,IL RESOLUTION NO. 94-265 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR SCOTT BOULEVARD EAST SUBDIVISION, PART 2, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Scott Boulevard East Subdivision, Part 2, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Scott Boulevard East Subdivision, Part 2, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 2nd day of August 1994. MAYOR A ved PP City Attorney's Office -2 It was moved by Novick and seconded by T.ehman the Resolution be adopted, and upon roll call there were: pweng%SC0UbM. AYES: NAYS: ABSENT: Courtney _X X Horowitz X Kubby X McDonald X Novick X Pigott X Throgmorton 2-6-5 RESOLUTION NO. 94-266 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE OF A LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR PROPERTY LOCATED AT 1406 ASH STREET, IOWA CITY, IOWA. WHEREAS, on August 14, 1989, the property owner of 1406 Ash Street executed a Promissory Note and Mortgage in the amount of $6,300 for a low interest rehabilitation loan through the Housing Rehabilitation Program, which mortgage was amended in the principal amount of $6,007.36 and recorded October 31, 1990; and WHEREAS, these documents created a lien against the property; and WHEREAS, the balance due was paid in full on December 7, 1992. 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 for recordation, whereby the City does release the property located at 1406 Ash Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the principal amount of $6,300, later amended to $6,007.36, which obligation was recorded in Book 1079, Pages 442-444; and Book 1180, Pages 138-139, respectively, of the Johnson County Recorder's Office. Passed and approved this 2nd day of A„g„�r 1994. MAYOR owed by 2t�— ATTEST: / CIT LERK City Attorney's OU ice It was moved by and seconded by T ahmnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott ppdmhab%1406ash.res Throgmorton 266 RELEASE OF A LIEN The City of Iowa City does hereby release the property located at 1406 Ash Street, Iowa City, Iowa, legally described as follows: Lot thirty-nine (39), Block three (3) Highland Development Addition to Iowa City, Iowa, and the South 11 feet of Lot 40, Block 3, in said addition, subject to easements and restrictive covenants of record. from the following obligation: 1. An obligation of the property owner to the City of Iowa City, Iowa, in the principal amount of $6,300 represented by a Promissory Note and a Mortgage recorded August 30, 1989, in Book 1079, Pages 442-444 of the Johnson County Recorder's Office, which mortgage was amended in the principal amount of $6,007.36 and recorded October 31, 1990, in Book 1180, Pages 138-139 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon the title to the property described above by reason of said prior recorded documents. THE CITY OF IOWA CITY By: �C/ �',<-.. Su�Horowitz, MayorApproved by I- �, Attest: �h s� - 7i •Q u� 'Marian K. Karr, City Clerk City Attorney'fi Office STATE OF IOWA ) ss: JOHNSON COUNTY 1 On this L"d day ofA I 19 J+�, before me, SC„,L,at Fob � Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. 94- 2(e(/ passed by the City Council on the 2-4- day of A"qusd­ , 19-5-t—, and that Susan M. Horowitz and Marian K. Karr acknowledg6d0the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa ppdrehab\ 1406ash.rel LIA Re_� Ile_ RESOLUTION NO. 94-267 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXIMATE 8.1 ACRE TRACT OF LAND IN THE VICINITY OF THE INTERSECTION OF MORMON TREK BOULEVARD AND HIGHWAY 1 AND APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXIMATE 3.07 ACRE TRACT OF LAND NORTH WEST OF THE INTERSECTION. WHEREAS, The Iowa Department of Transportation owns approximately 8.1 acres of right-of- way at the intersection of Mormon Trek Boulevard and Highway 1; and WHEREAS, the City of Iowa City owns approximately 3.07 acres of land northwest of the Intersection of Mormon Trek Boulevard and Highway 1; and WHEREAS, the City of Iowa City has requested annexation of said tracts into the City of Iowa City, Iowa; and WHEREAS, these tracts are contiguous to the corporate limits of the City; and WHEREAS, pursuant to Iowa Code §368.7, notice for annexation was sent by certified mail to the Iowa State Attorney General, Johnson County Board of Supervisors, the City Of Hills, The City of University Heights and the East Central Iowa Council of Governments; and WHEREAS, non of these entities have made comment on the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The land described in Exhibit A and Exhibit B shall be voluntarily annexed to the City of Iowa City, Iowa. 2. As required by Iowa Code § 368.7 (1993), the City Clerk is hereby directed to certify a copy of the Resolution and to file the Resolution, map and legal description of the above-described property with the Secretary of State, Johnson County Board of Supervisors, each affected public utility, and the State Department of Transportation. The City Clerk is further directed to record the Resolution, legal description and map with the Johnson County Recorder. Passed and approved this 2nd day of August , 1994. ATTEST: 9S %Saws CI CLERK ppdadminkannex.res y Z(o? Resolution No. 94-267 Page 2 It was moved by Novi rk and seconded by Pig rr the Resolution be adopted, and upon roll• call there were: AYES: NAYS: ABSENT: v Baker % Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton a07 EXHIBIT A A parcel of land located in the E 1/2 of Section 20, T79N, R6W of the 5th P.M., Johnson County, Iowa. Said parcel is described as follows: Commencing at the Center of said Section 20; Thence N89°47'41"E, 1135.60 feet to a point on the southeasterly Right -of -Way line of State Highway No. 1 and the point of beginning; thence along said southeasterly right-of-way S34049'11"W, 244.80 feet; thence N40144'41"W, 414.92 feet to a point on the northwesterly Right -of -Way line of State Highway No. 1; thence the following courses and distances along said northwesterly right-of-way: N76014'11"E, 198.37 feet; N40017'45"E, 624.68 feet; N44003'52"E, 272.40 feet; N42016'52"E, 88.60 feet; N45040'22"E, 83.50 feet; thence S39009'33"E, 287.13 feet to a point on the southeasterly Right -of -Way line of State Highway No. 1; thence the following courses and distances along said southeasterly right-of-way: S44002'41 "W, 389.10 feet; S47055'56"W, 292.00 feet; S31004'41 "W, 140.40 feet; S40003'41 "W, 180.90 feet to the point of beginning. Said parcel contains 8.1 acres more or less. ppdadmin\ExhibABLD 247 EXHIBIT B Commencing at the center of Section 20, Township 79, Range 6 West of the 5th P.M., thence N 0025' E 524.1 feet to the Point of Beginning, thence N 41007'30" W 282.4 feet, thence N 35057' W 726.8 feet, thence S 89150'30" E 212.9 feet, thence S 26033'30" E 277.0 feet, thence S 41039' E 177.0 feet, thence S 55152'30" E 193.6 feet, thence S 0025' W 311.8 feet to the Point of Beginning. Said tract containing 3.07 acres. ppdadmin\ExhibABLD E RESOLUTION NO. 94-268 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORMS OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 1/MORMON TREK INTERSECTION IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 23rd day of August; 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 30th day of August, 1994, or at such later time and place as may then be fixed. Passed and approved this 2nd day of A„gugt _, 1994. e AYOR Appr ved b� ATTEST: Ati 9Y• CITY LERK ity Attomey's Office �2 �l pwengNwl-mmrt.res ?6Q Resolution No. 94-968 Page 2 It was moved by Lehman and seconded by Novick the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: g Baker g Horowitz g Kubby X Lehman X Novick �- Pigott x Throgmorton 267 %I Pe�., X14 - RESOLUTION NO. 94-769 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF COW TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTHWEST SANITARY SEWER PROJECT, PHASE II, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 23rd day of August; 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 30th day of August, 1994, or at such later time and place as may then be fixed. Passed and approved this 2na day of August , 1994 4 MAYOR App oved t yam_ ATTEST: CI LERK ity Attorney's Office /zOu pmnglimsph2ses 2_69 Resolution No. g4_96g Page 2 It was moved by Novick and seconded by Lehman the Resolution be adopted, and upon rol4 call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott x Throgmorton 269 1-) The Council considered the bids received and publicly opened pursuant to resolution of the Council and notice duly published for construction of the Maiden Lane Paving and Sanitary Sewer Assessment Project, in accordance with the plans and specifications therefor. Council Member Pigott moved and Council Member Baker seconded the motion as follows: FX I To adopt the following resolution Making Award of Contract(s) To defer bids for later consideration and action to a meeting to be held on the day of 1994, next day of , 1994, at o'clock .M., at this meeting place, with jurisdiction retained over all bids received. The roll was called and the vote was, Horowitz ABSENT: Throgmorton NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Res. No. 94-270 RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of All American Concrete. Inc. of North TAherty. Towa in the amount of $249,777.10 , for the construction of the Maiden Lane Paving and Sanitary Sewer Assessment Project, described in the plans and specifications heretofore adopted by this Council for said project, after public hearing on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. -1- AHLEES, COONEY, DOHWEILEP, HAYNIE, SMITH & AUSEE, PG ATTOIIN"SATL DESMOIN[8.I0WA 2V The Mayor and Clerk are hereby directed to execute each contract awarded above for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND APPROVED, this 7n i day of A,,g„Gt , 1994. G M yor ATTEST: c10714035R=C2).dm -2- AHIEIIS, 000= DOHWEILEB. HAYNIE, SMm1 & ALLBEE, M ATTOIINL SATLAW OCDMOINC(IOWA Council Member Kubby introduced the following Resolution entitled "RESOLUTION APPROVING CONTRACT AND BOND" and moved its adoption. Council Member Lehman seconded the motion to adopt. The roll was called and the vote was, ABSENT: Throgmorton NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Res. No. 94-271 RESOLUTION APPROVING CONTRACT AND BOND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the construction contract and bond executed for the Maiden Lane Paving and Sanitary Sewer Assessment Project, as described in the plans and specifications and which have been signed by the Mayor and Clerk on behalf of the City and proof of insurance coverage be and the same are hereby approved as follows: Contractor: All American Concrete, Inc. of North Liberty, Iowa Date of contract: August 3, 1994 Bond surety: United Fire & Casualty Company Date of Bond: August 3 1994 Portion of Project: 100° PASSED AND APPROVED, this 7„,i day of A,,,,, r 1994. Mayor ATTEST: c10714035Rm(1).do -2- ABLER$ MONEY, DORWEILEP, HAYNIE, SMTTN & AUBEE, PC AWORNCY/AT"W oe.YOINEMAOWA ?9 August 2 , 1994 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 o'clock P_.M., on the above date. There were present Mayor Susan M. Horowitz in the chair, and the following named Council Members: Absent: Throgmorton -1- AHLEES, MONEY, DOEWEIIEE, HAYNIF, SMITH & ALLEEE, EL. ATTOIIN"NAT"W CLSMOINKS.IOWA C- -61z- zq I_ CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) CIG -3 9/91 I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 2nd day of Ai,guct , 1994. SEAL 00714031CIG3.8n Zn� 7L �(! City clerk, Iowa City, Iowa AHLERS, COONEX DORWERER, HAYNIE. SMITH & AUBEE, P.C. AnORNnSATuW cee MOINKS.30WA 2�� RESOLUTION NO. g4_979 RESOLUTION AUTHORIZING THE ACQUISITION OF A WATER TREATMENT FACILITY SITE, ACQUISITION OF THE IOWA RIVER POWER DAM, ACQUISI- TION OF WELL SITES, ACQUISITION OF WELL PROTECTION EASEMENTS AND ACQUISITION OF WATER MAIN, SANITARY SEWER AND OTHER NECESSARY EASEMENTS, ALL IN CONJUNCTION WITH THE PROPOSED IMPROVEMENTS TO THE CITY'S WATER TREATMENT FACILITIES PROJECT. WHEREAS, the City of Iowa City has undertaken a project to improve its water treatment and water collection facilities, hereafter collectively referred to as the "Water Treatment Facilities" or the "Water Treatment Facility;" and WHEREAS, the City Council has determined that construction of the Water Treatment Facility is a valid public purpose under state and federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate, and maintain the proposed Water Treatment Facility in order to protect the City's various raw water sources; and WHEREAS, the City's consultant, Howard R. Green Company, has determined the location of the proposed Water Treatment Facilities, including multiple and compatible shared uses of lands acquired for the primary functions of protecting the City's water treatment and water sources; and WHEREAS, City staff have also recommended that multiple shared uses of lands acquired for the Water Treatment Facilities should be permitted, where those uses are compatible with the primary function of water treatment and protection, e.g., recreational trails; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it is in the public interest to acquire property rights by warranty deed, quit claim deed and/or easement for the construction of the Water Treatment Facility, which Facility constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Water Treatment Facility, and that such Water Treatment Facility constitutes a valid public purpose under state and federal law. 2. The City Council further finds it is in the public interest to combine shared uses of public property which can serve cross -functions where those shared uses are compatible, one with another. Specifically, the City Council finds that multiple shared uses of lands acquired for the Water Treatment Facilities should be permitted, where those uses are compatible with the primary function of water treatment and water protection, e.g., recreational trails. This Council further finds that multiple, shared uses of lands herein acquired demonstrates fiscal responsibility and good stewardship 2'7 2 Resolution No. 94-272 Page 2 of public lands, and will promote and protect the safety, health and welfare of the citizenry of Iowa City. 3. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit claim deed and/or easement for the construction, operation and maintenance of the Water Treatment Facilities, including any property rights associated with multiple shared uses where the shared uses are compatible with the primary use as a Water Treatment Facility, e.g., recreational trails. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to purchase property rights by warranty deed, quit claim deed and/or easement agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Water Treatment Facility cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Water Treatment Facility, including property rights associated with multiple shared uses which are compatible with the primary functions of the Water Treatment Facilities, all as provided by law. Passed and approved this 2nd day of August , 1994. \y, C QiYi O/7. I/ MAYOR Approved by ATTEST: //wuauJ �W�✓ �� ��Gtiam�✓ CIT LERK City Attorney's Office It was moved by Nnvi rk and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: v Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton pwenglwaterfac.res 2 /Z Re- -ate-- RESOLUTION ,L RESOLUTION NO. 94-273 RESOLUTION CHANGING THE NAME OF ABER AVENUE LOCATED IN TY'N CAE, PARTS 1 & 2 TO ABBEY LANE WHEREAS, on November 22, 1977, the City Council approved the final plat of Ty'n Cae; and WHEREAS, said plat was recorded on November 29, 1977 in Plat Book 17, Page 24 in the Johnson County Recorder's Office; and WHEREAS, on February 4, 1993, the City Council for the City of Iowa City approved the final plats for Park West Subdivision - Parts Two, Three and Four; and WHEREAS, at that time the City Council decided not to connect the two sections of Aber Avenue but instead to extend Teg Drive to connect with the west end of the easterly section of Aber Avenue located in Bryn Mawr Heights - Part Thirteen; and WHEREAS, due to the bifurcation of Aber Avenue, the Police Department, Fire Department, and ambulance service have concerns about potential problems with response time for emergency services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The name of Aber Avenue located in Ty'n Cae, Parts 1 and 2 is hereby changed to Abbey Lane. 2. As required by Iowa Code §354.26 (1993), the City Clerk is directed to certify a copy of this Resolution and to file this Resolution with the Johnson County Recorder, the Johnson County Auditor, and the City Assessor. Passed and approved this 2nd day of August 1994. MAYOR Approved by ATTEST:� CITY CLERK City Attorney's Office pweng\abbeyln.res =% '7 Resolution No. 94-273 Page 2 It was moved by piQorr and seconded by Rakor the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick X Pigott x Throgmorton a73 11 R5 -'�>L RESOLUTION NO. 94-274 RESOLUTION AWARDING THE PURCHASE AND INSTALLATION OF WEATHER ALERT SIRENS TO FULTON CONTRACTING CO. WHEREAS, the City has prepared certain lists, specifications, and proposal blanks dated and filed the 21st day of June, 1994, for the purchase and installation of weather alert sirens; and WHEREAS, it is in the public interest to enter into a purchase order to carry out the purchase and installation of weather alert sirens in Iowa City; and WHEREAS, Fulton Contracting Company has submitted the proposal best suited to meet the City's needs; and WHEREAS, it is in the public interest that the City of Iowa City, Iowa enter into a purchase order with Fulton Contracting Company for the purchase and installation of twelve (12) weather alert sirens and the upgrading of five (5) existing sirens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1 . The City hereby accepts Fulton Contracting Company's proposal for weather alert sirens as in the public interest, and approves the purchase as to content and form. 2. The City Manager is authorized to sign on behalf of the City. 3. The City Manager or designee is hereby authorized to administer said purchase. Passed and approved this 2nd day of August , 1994. 16 MAYOR —7� �//��// App oved by ATTEST: /�"/cr�c.� 7i/ City Attorne s ffice CITY'CLERK 2 It was moved by Kubby and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X ABSENT: Baker Horowitz Kubby Lehman Novick Pigott K Throgmorton firelmhrsm.res .0 7q R, -s IIL RESOLUTION NO. 94-275 RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION WHEREAS, on January 5, 1987, Phyllis Fitzgarrald, through her attorney William Meardon, filed an action in the Iowa District Court in and for Johnson County, appealing the condemnation award with regard to property owned by the Fitzgarralds around the Iowa City Municipal Airport; and WHEREAS, in an effort to save expenses of prolonged litigation, the parties have negotiated a settlement agreement, which both parties feel is in the public interest; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Plaintiff Fitzgarrald in the amount of $13,479.45 in full satisfaction of the pending lawsuit against the City in the above case and in consideration for Plaintiff's full release and dismissal of lawsuit, Docket No. 50441. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above-named action should be and is settled for the sum of $13,479.45 as of August 3, 1994, payable to Phyllis Fitzgarrald and William L. Meardon, her attorney of record, in full satisfaction of the pending lawsuit, Docket No. 50441. 2. The City Council for the City of Iowa City, Iowa hereby specifically approves said settlement as being in the best interest of the City of Iowa City. 3. The settlement is hereby ratified, contingent, however, upon Plaintiff Phyllis Fitzgarrald's execution of an appropriate Release and Satisfaction of Judgment, which shall be filed with the Clerk of Court for Johnson County District Court in the above action. Passed and approved this 2nd day of August 1994. MAYOR Approved by ATTEST:Vity �.�CITYCLERK Attorney's Office � //ry cadata/legal/fitzgrld. res 37S Resolution No. 94-275 Page 2 It was moved by Novi rk and seconded by Raker the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott X Throgmorton .? 74:� RESOLUTION NO. 94-276 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1995 FOR THE CITY ATTORNEY, CITY CLERK AND CITY MANAGER. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salaries are hereby established for the following persons effective July 2, 1994: City Manager - $98,155.20 City Attorney - $66,913.60 City Clerk - $45,011.20 Passed and approved this 9,,d day of August 1994• MAYOR Approved by ATTEST: CIT CLERK City Attorne s Office 19ly It was moved by r; �nrr and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X— Baker x Horowitz % Kubby g Lehman g Novick g Pigott g Throgmorton clerklsalaries.,es T7/ Ov �esc n ��lg a rL by Res. 96— 26'f r�ssed RESOLUTION N0. 94-277 RESOLUTION RESCINDING RESOLUTION NOS. 74-48, 75-265, 78-155, 92- 130 AND 93-252, AND IN LIEU THEREOF RE-ESTABLISHING THE IOWA CITY DESIGN REVIEW COMMITTEE, AND ALSO APPROVING COMMITTEE BY-LAWS WHEREAS, the City of Iowa City initiated an urban renewal project for certain portions of the downtown area, known as Iowa R-14, and continues to carry out certain urban renewal functions in that area; and WHEREAS, the City of Iowa City, in 1974, originally established a Design Review Committee ("Committee"), to assist the City of Iowa City in carrying out the urban renewal projects, with subsequent amendments made to said resolution over the years; and, WHEREAS, the City of Iowa now wishes to continue the assistance of the Committee for urban renewal areas, as well as to use the assistance of the committee for other urban design - related projects; and WHEREAS, it is in the public interest to now clarify the various amendments by rescinding all prior resolutions and re-establishing the Committee by this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: It is in the public interest to clarify the Design Review Committee's mission, by rescinding all prior amendments and re-establishing the Design Review Committee, in order to better assist the City in furthering the goal of good urban design in the urban renewal and downtown areas. Resolution Nos. 74-48, 75-265, 78-155, 92-130 and 93-252 are hereby rescinded in their entirety, and the Iowa City Design Review Committee ("Committee") is hereby re-established as follows: a. Committee Role. The Committee's role shall be to recommend, for City Council approval, aspects of urban design components of urban renewal projects located in areas designated by City ordinance. The City Council may also request advice and recommendations from the Design Review Committee on projects located outside of designated urban renewal areas. b. Membership. The Committee shall consist of nine (9) members. At least two- thirds of the Committee members must be eligible electors of Iowa City, and the remaining one-third may be eligible electors of Johnson County. Members of the Committee shall be appointed by the City Council with term membership to be three years, commencing on July 1. Members may serve for more than one term. The members of the previous Design Review Committee shall complete their terms as members of the Design Review Committee established by this Resolution herein. 077 Resolution No. 94-277 Page 2 C. By-laws and Rules. The Committee shall recommend rules or by-laws for the transaction of its regular business, for City Council approval. The Committee shall have authority to recommend rules of procedure in connection with the projects subject to design review. All Committee by-laws and procedures shall be effective only upon City Council approval. d. The By-laws of the Iowa City Design Review Committee, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 2,d day of August , 1994. MAYOR Approved by ATTEST: /lam/sr�w� CITNX CLERK ity Attornekfice It was moved by Pigott and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: eadata\legandsmview.ms Baker Horowitz Kubby Lehman Novick Pigott x Throgmorton BY-LAWS IOWA CITY DESIGN REVIEW COMMITTEE ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Committee shall be held on the third Monday of each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson. Upon the request of four members of the Committee, the Chairperson shall call a special meeting. Section 3. Place of Meetings. Regular meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all Committee members and the press. Notice to all members and to the media shall be at least 24 hours before a meeting is held including special meetings. All notice requirements and meet- ings shall conform to the provisions of the State Open Meetings Law. Section 5. Quorum. A majority of the members of the Committee shall constitute a quorum at any meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE MEMBERSHIP Section 1. Membership. The Design Review Committee shall consist of nine (9) members. At least two-thirds of the Committee members must be eligible electors of Iowa City; the remaining one-third may be eligible electors of Johnson County. All members of the Committee shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Design Review Committee as vacancies occur. Section 3. Terms. Terms of membership shall be three years, commencing on July 1. Members may serve for more than one term. Section 4. Absences. Three consecutive unexplained absences of a Committee member may result in the Committee's recommendation to the City Council to remove the member from the Committee, and to appoint a new member. a77 2 Section 5. Orientation for New Members. Prior to the first regular meeting following their appoint- ment, new members shall be provided with copies of the pertinent portions of the City Code, Design Review Committee By -Laws, and other documents useful to carrying out their duties. Section 6. Resignations & Vacancies. If any member is no longer willing or able to serve on the Committee, the member shall send a letter of resignation to the City Council. Vacancies occurring in the Committee, other than by expiration of term of office, shall be filled only for the unexpired term. ARTICLE III. OFFICERS Section 1. Number. The officers of this Committee shall be a Chairperson and Vice -Chairperson, and each shall be elected by members of the Committee. Section 2. Election and Term of Office. The officers of this Committee shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of the Chair- person's death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson. When so acting, the Vice -Chairperson shall have all the powers and be subject to all the restrictions as those resting with the Chairperson. ARTICLE IV CONDUCT OF COMMITTEE AFFAIRS Section 1. Agenda • The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Committee meetings. Agendas are to be sent to Committee members and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Committee member, shall be provided by the City for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Committee members, and approved by the Committee and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 4. Policies and Programs. The Committee shall periodically review the policies and programs of the City relating to design review and make recommendations to the City Council when appropriate. e -i 7 7 J Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Committee by the City Council. The Committee shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Committee Chairperson or designated represen- tatives are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the domain of the Committee's responsibilities are to be discussed or actions taken. The Committee Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Committee business. Section 7. Annual Report. An annual report, detailing the activities of the Committee, shall be prepared by the Chairperson, approved by the Committee, and submitted to the City Council at the end of each fiscal year. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Upon approval by the City Council, such by-laws shall take force and effect. ecWevX y-Ia .dR r 77 Pte=. c3 rL. RESOLUTION NO. 94-278 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Highlander Inn - 2525 N. Dodge Street It was moved by Novick and seconded by Throamorton that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker X Horowitz x Kubby x Lehman x Novick —% Pigott Throgmorton Passed and approved this 30th day of August , 1994 . ATTEST: ;'&44sY ¢(- 9` Z4 CITY CLERK ldanceprm.res MAYOR -.. 7 2'7 S RESOLUTION NO. 94-279 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FY95 CELL CONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 13th day of September, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A copy of the plans, specifications, form of contract, and estimate of cost of 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 Snth day of August , 1994• MAYOR Approved by ATTEST: CITY CLERK tity Attorney's Office Y It was moved by N���U and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: - Baker Horowitz Kubby x Lehman g Novick g Pigott X Throgmorton pwengVandfl.res 2-77 RESOLUTION NO. 94-280 RESOLUTION SETTING A PUBLIC HEARING ON AN ORDINANCE AMENDING THE IOWA CITY/JOHNSON COUNTY AIRPORT ZONING ORDINANCE WHEREAS, it is the intent of the Iowa City City Council to provide a safe environment for the aviation and public users of the Iowa City Municipal Airport; and WHEREAS, engineering studies have indicated it would not be detrimental to the aviation users or property surrounding the Iowa City Municipal Airport to change the approach slope on runway six from a 34:1 approach slope to a 20:1 approach slope, in order to reduce the impact on surrounding properties and yet maintain the safety to the aviation and public users of the Iowa City.Municipal Airport and surrounding properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. A public hearing on the proposed Ordinance amending the Iowa City/Johnson County zoning ordinance is set for the 13th day of September, 1994 at 7:30 p.m. in the Council Chambers at the Civic Center, 410 East Washington Street, Iowa City, Iowa. 2. The City Clerk is hereby authorized to publish notice of this hearing, as required by law. Passed and approved this 30th day of August , 1994• AYOR 1 Approved by ATTEST:2e %�ur/ O �✓ CIT LERK ity Attorney's Office It was moved by Novick and seconded by Thro>?morton that the Resolution as read be adopted, and upon roll call there were: legaRairport.res AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman Novick Pigott e Throgmorton RESOLUTION NO. 94-281 RESOLUTION APPROVING THE PUBLIC HOUSING MANAGEMENT ASSESS- MENT PROGRAM (PHMAP) CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY. WHEREAS, the Public Housing Management Assessment Program (PHMAP) implements Section 502(a) of the National Affordable Housing Act of 1990 (NAHA) and evaluates the performance of public housing agencies (PHAs) in major areas of management operations; and WHEREAS, the Department of Housing and Urban Development (HUD) requires approval by formal resolution of the executed Certification which is in compliance with federal regulations; and WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the Public Housing Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity as the City of Iowa City Housing Authority that the attached PHMAP Certification be approved. Passed and approved this 30th day of August 1994. y'1 /__�.a'da.4 Lei: MAYOR �- -/'yryl /� ) ved by 1 ATTEST: / / lO Lcll s!/ 7 • Aeo J / CITY CLERK City Attorney's ffice It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: hisasst\phmapert.res AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott R Throgmorton ZB( U.S. Department of Housing 7460.5 CIIG-1 Public Housing Management and Urban Development APPQIUIX 1 Assessment Program (PHMAP) Office of Public and Indian Housing Certification OMB No. 2577-0156 (exp. 12/31/94 Public reporting burden for this eollectien of Information Is estimated to average 3 hours per response. Including the time for reviewing Instructions, searching existnf data sources. gathering and malnL-Ilning ilia data needed, and completing and reviewing the collection of Information. Send comments regarding this burden estimalr or any other aspect of this collection al Information, Including suggestions for reduting Ihls burden, to the Reports Management Olficer, Office of Information Polities and Systems, U.S. Dnpartmentof Housing and Urban Development, Washington, D.C. 204103600 and to the Office of Manngementand Budget, Paperwork Reductor Project (2577.0156). Washington, D.C. 20503. Do not send this completed [arm to either of these addressees. Instructions: A PHA's responses to tills cortillcallon form must be the FHA's aclual data: e.g., prior to any adjustments for modification and/or exclusion requests to [lie Indicators. Round percentages to two docimal places. For Fiscal Year Ending: Submission Dale: PIUs Name: IOWA CITY HOUSING AUTHORITY 6-30-94 8-30-94 Indicator 1: Vacancy Number & Percentage Total vacant units 1 Actual vacancy percent for the reporting month or a 11 snapshot picture of the actual vacancy percent at Ilia and 1.22/0 of the reporting period YES Adjusted vacancy percent for the reporting month or a 3 snapshot picture of the adjusted vacancy percent at the 1.22% end of the reporting period Percent reduction of actual vacancies over prior three YES years 85.71 /, Indicator 3: Rents Uncollected Balance of rents uncollected as a percentage of total 0.62'° rents to be collected Indicator 5: Unit Turnaround System has been established to track unit turnaround YES (enter Yes or No Annual average number of calendar days for vacant unit to 38.56 be prepared for re -rental and for a new lease to take effect Indicator 6: Outstanding Work Orders Percent of emergency items corrected/abated within 24 100 hours Percent of outstanding work orders 1 °/ Progress has been demonstrated over the most recent YES three year period at reducing the time required to complete maintenance work orders (enter Yes or No) Indicator 7: Annual Inspection and Condition of Units and Systems System has been established to track Inspection and YES repair of units and systems (enter Yes or No ) Percent of units meeting HUS 71 Average number of days to bring non -emergency maintenance Items to HOS _ 11 Percent of emergency Items corrected/abated within 24 hours ° 100 ° � PHA is on schedule, according to Its maintenance plan, to correct unit deficiencies (enter Yes or No) YES Number of areas in which PHA has been successful In slgnllicanlly Improving conditions/activities 3 Average number of days to correct Identified systems deliciencles PHAlsonschedule, according lolls maintenance plan. to correct systems deficiencies enter Yesor NO) YES Major systems Inspected annually (enter Yes or No) YES Ilcator 8: Tenants Accounts Receivable (TARS) The PHA elects to use: (mark one) The Annual Average AnnuaITAR Percent cater Policies have been adopted and procedures Implemented for: (enter Yes or No) Anti-drug strategy/security YES Resident particlpallon/management YES Homeownership opportunities YES Economic deveiopment/sell-sufficiency YFS Number of areas in which PHA has been successful In slgnllicanlly Improving conditions/activities 3 Percentage of units Inspected annually using standards Number of areas In which PHA shows minimal activity 1 that were at least equivalent to the Housing Quality 100 Standards (HOS) We hereby certify dial, as of the submission dale, Ilse above indicators, under Ute Public Housing Management Assessment Progrun (PI rMAP), are ud uc:maccurate for its fiscal year indicated above. The undersigned rurthercertify dint, to dicir present knowledge, there is no evidence to indicate seriously deficient performance that crisis doubt on the PIIA's capacity to preserve and protect its public housing developments and operate them in accordance with Federal Law and regulations. :m Appropriate sctions for bttenliunal false certification will be imposed, including suspension or debarment or die signatories. Chairperson. Board of Commissioners : (signature It dale) Alfested to by: (Executvo Clrecia's signature 6 dale) SUSAN M. HOROWITZ, MAYOR RONALD L HENDERSON, HOUSING ADMINISTRATOR J I A oard Rcsoluuon approving dos certiGcltion is rcuiretl and must be attached to the executed cenificatUon farm HUD 50072 (953 Previous editions are obsolete. 1rgIATdbcok 7460.5 Zbl RESOLUTION NO. 94-282 RESOLUTION ACCEPTING THE WORK FOR THE KIRKWOOD AVENUE RECONSTRUCTION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Kirkwood Avenue Reconstruction Project as included in a contract between the City of Iowa City and Metro Pavers, Inc., of Iowa City, Iowa, dated April 7, 1993, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 30th day of August 1994. IV�AYOR Approved by ATTEST: u��.. �Gu✓ s! CIT CLERK tity Attorney's Office It was moved by Novick and seconded by Th,gm,rrnn the Resolution be adopted, and upon roll call there were: pmnBlldrkwood.m AYES: NAYS: ABSENT: K Baker g Horowitz g Kubby X Lehman X Novick v Pigott x Throgmorton 2S? RESOLUTION NO. 94-283 RESOLUTION ACCEPTING THE WORK FOR THE SUPPLEMENTAL CONTRACT FOR THE JEFFERSON STREET IMPROVEMENTS, PART OF THE 1993 ASPHALT RESURFACING PROJECT WHEREAS, the Engineering Division has recommended that the work for improvements covering the supplemental contract for the Jefferson Street improvements, part of the 1993 Asphalt Surfacing Project as included in a contract between the City of Iowa City and L.L. Pelling Co. of Iowa City, Iowa, dated February 1, 1994, be accepted, and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 30th day of August , 1994• gAYOR Approved ATTEST:o�� �Y _ Ate/ t Gunn �'✓'R�/� l/ CIT CLERK sty Attorney's Office It was moved by Nnvirk and seconded by ThroMorton the Resolution be adopted, and upon roll call there were: pwwg% jeffer.res AYES: NAYS: ABSENT: y Baker - x Horowitz x Kubby g Lehman g Novick X Pigott V Throgmorton 283 RESOLUTION NO. 94-284 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR MOUNT PROSPECT SUBDIVISION, PART 7, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Mount Prospect Subdivision, Part 7, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Mount Prospect Subdivision, Part 7, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 30th day of August , 1994. ,era ATTEST: 2L le / CITY -CLERK tity Attorney's Office It was moved by Nov;rk and seconded by Mn Resolution be adopted, and upon roll call there were: pwengNntprospe.res . AYES: NAYS: ABSENT: Courtney X Horowitz X Kubby X McDonald X Novick X Pigott X Throgmorton RESOLUTION NO. 94-2Ri RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1994 CURB RAMPS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE 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% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 20th day of September, 1994. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 27th day of September 1994, or at such later time and place as may then be fixed. Passed and approved this 30th day of August , 1994. _ e. YOR —y� / Approved by ATTEST: /// �.���� 9f : 9Yw,a+.i CITY CLERK O ity Attomey's OfFce el p"ng\curbramp.ms 2$s Resolution No. 04-285 Page 2 It was moved byand seconded by adopted, and upon ro4 call t ere were: AYES: NAYS: Novick the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 265 RESOLUTION NO. 44-7ai; RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SITE SOCCER FIELD AND WASTEWATER PIPELINE GRADING IMPROVEMENT 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. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA that: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 20th day of September, 1994. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 27th day of September 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Passed and approved this 'inrh day of August , 1994. ATTEST: 7%1��� �> 9f• CI CLERK parksm so rims Appro e ity Attorney's Office f% //.f M Resolution No. 94-286 Page 2 It was moved by T,Phman and seconded by TZ hl -gr the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: Baker x Horowitz x— Kubby g Lehman g Novick X Pigott Throgmorton ABSTAIN: X 28� RESOLUTION NO. 94-9s7 RESOLUTION CERTIFYING UNPAID SANITARY SEWER SERVICE UTILITY CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Section 384.84 of the Code of Iowa provides that the City Council may certify unpaid charges for the services of sanitary sewer systems, sewage treatment, solid waste collection, water, and solid waste disposal to Johnson County, for collection in the same manner as a property tax; and WHEREAS, there exist unpaid sanitary sewer service utility charges for the Owners and properties specified in Exhibits A-1 and A-2; and WHEREAS, the Council finds that the property owner has previously received written notice of the date and time for the City Council's consideration ' of this resolution, at which time the property owner may appear before the Council and be heard concerning the unpaid charges; and WHEREAS, the Council has deferred this matter on several occasions, in an attempt to obtain a settlement of the unpaid bill which would be satisfactory to both parties; and WHEREAS, at its June 14, 1994 City Council meeting, the Council deferred this item for a sixty- day period, to again attempt to negotiate settlement; and WHEREAS, the Owner has rejected the City's settlement and the 60 -day period has now expired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Clerk is hereby authorized to certify to Johnson County, Iowa, the full amount of the unpaid sanitary sewer service utility charges, for collection in the same manner as a property tax, as stated in Exhibits A-1 and A-2 attached hereto and incorporated by reference herein. Passed and approved this loth day of August 1994. 11VAAYOR ATTEST: 22y, CI CLERK Manneb\baculls.res App ove by City Attorney's Offic 2B7 Resolution No. 94_987 Page Z It was moved by Pigott and seconded by Novick the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton 28-7 1A 1% % l GLJ A l : CIN IC CEN'f1iN 111) EAST %v'.LSruN(:TO.N %T. IOWA CITY. IOWA ;_'_'.(0 PI IONI: (319) 356-i066 i 1 CITY OF 10 PVA CITY ♦ DETACH HERE R "l t t \J: CITY OF IOWA CITY PAYMENT PROCESSING CENTER P.O. BOX 3013 CEDAR RAPIDS, IA 53406.9115 201 435 00 1 20 -MAY -93 BACULIS MOBILE HOME PARK 2130 S RIVERSIDE DR IOWA CITY IA 52246 5825 2 020143SOOS 0000 11421978 000000000 1 PLEASE RETURN THIS PORTION WITH YOUR PAY"?IENT 114,219.78 S eEN UVI PAIS BILLENG • OF • Your Account ,No. Name Service dddress 201 435 00 BACULIS MOBILE HOME PARK 2126 S RIVERSIDE DR 01 -JUN -81 28 -OCT -92 i13,474,099 0 20 -MAY -93 114,219.78 Usage Billed= 13,474,099 Cubic Feet r SUNII_aR-,- OF CL"RRENT CHARGES Sewer...................................... 114,219.78 Total .................................... EXHIBIT A-1 114,219.78 4AKE CHECKS PAYABLE TO "CITY OF IOWA CITY". PLEASE INCLUDE ACCOUNT NUINIBER ON CHECK KEEP THIS PORTION FOR YOUR RECORDS. SEE REVERSE SIDE FOR IMPORTANT INFORMATION. ' ? R7 l.\ .\ .1 1 l:l/ 1 . 1:1%11: CENTER l IU iAST WASIIINGTON ST. IOWA CITY. IOWA 522.10 PI I11,NIE (319).i56 -i066 .a A CITY OF 10 WA CITY T DETACH HERE CITY OF MMA CITU' PAYMENT PROCESSING CENTER P.U. BOX 3013 CEDAR MPIDS. IA 52406.911.5 057 140 01 1 20 -MAY -93 BACULIS, DAVE 2120 S RIVERSIDE DR IOWA CITY IA 52246 5825 2 0057140015 0000 00330984 000000000 1 BILLING DATE: 05 -MAY -93 057 140 01 01 -MAY -81 PLEASE RETURN THIS PORTION %VITH YOUR PAYMENT BACULIS, DAVE 3,309.84 s AMS TONT PAIC CITY OF IOWA CITY 2120 S RIVERSIDE DR 28 -OCT -92 299,500; 0 1 20 -MAY -93 ! 3,309.84 Usage Billed: 299,500 Cubic Feet SC?I>LARY OF CURRENT CHARGES Sewer ..................................... 3,309.84 Total ..................................... 3,309.84 EXHIBIT A-2 +IAKE CHECKS PAYABLE TO "CITY OF IOWA CITY". PLEASE INCLUDE ACCOUNT NUMBER ON CHECK KEEP THIS PORTION FOR YOUR RECORDS. SEE REVERSE SIDE FOR IMPORTANT INFORMATION. 4.,7 \1\ RESOLUTION NO. 94-288 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 1/MORMON TREK INTERSECTION IMPROVEMENTS PROJECT. WHEREAS, Metro Pavers, Inc., of Iowa City, Iowa, has submitted the lowest responsible bid of $96,173.20 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Contract for the construction of the above-named Project is hereby awarded to Metro Pavers, Inc. of Iowa City, Iowa, subject to the condition that awardee secures adequate performance and payment bonds, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the Contract for the construction of the above-named Project, subject to the condition that awardee secures adequate performance and payment bonds, insurance certificates, and contract compliance program statements. Passed and approved this 30th day of A71gmgt , 1994. r • Approved ATTEST:Z �9k CIT CLERK gity Attorney's Office pweng%hwytmtres Resolution No. 94-288 Page 2 It was moved by Nnvirl and seconded byyigat- r the Resolution be adopted, and upon ro4 call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott Throgmorton RESOLUTION NO. 94-289 RESOLUTION AUTHORIZING AN AGREEMENT FOR ACQUISITION OF PROPERTY IN LIEU OF CONDEMNATION BETWEEN ROBERT L. CARSON AND ROSE KATHLEEN CARSON AND THE CITY OF IOWA CITY, IOWA, FOR THE REALIGNMENT OF ROHRET ROAD. WHEREAS, Robert L. Carson and Rose Kathleen Carson ("Carsons") have fee title to certain real estate located within Johnson County, Iowa, within or adjacent to the corporate limits of the City of Iowa City; and WHEREAS, the City of Iowa City, Iowa has determined that it is in the public interest to realign Rohret Road with Cae Drive, at the intersection with Mormon Trek Boulevard, and for such purpose to acquire certain real estate belonging to Carsons; and WHEREAS, the City and Carsons, in lieu of condemnation proceedings, have agreed to the acquisition of certain property interests of Carsons by the City and the amount to be paid to Carsons as "just compensation". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. It is in the public interest of the City of Iowa City, Iowa that the attached Agreement for acquisition of property in lieu of condemnation between Robert L. Carson and Rose Kathleen Carson and the City of Iowa City, Iowa for the realignment of Rohret Road be approved. 2. The attached Agreement is approved as to form and content. 3. The Mayor and City Clerk are hereby authorized and directed to execute the Agreement, for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office at City expense. Passed and approved this 30th day of August 1994. ATTEST: %(a"'e.) y • CIT CLERK cadata\Ing\carson.res Approved b/� d ity Attorney's Office ��t47 28 AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation, hereinafter called CITY, and Robert L. Carson and Rose Kathleen Carson, husband and wife, hereinafter called OWNERS. WHEREAS, OWNERS have fee title to certain real estate located within Johnson County, Iowa, within or adjacent to the corporate limits of the City of Iowa City; and WHEREAS, CITY has determined that it is in the public interest to realign Rohret Road with Cae Drive, at the intersection with Mormon Trek Boulevard, and for such purpose to acquire certain real estate belonging to OWNERS; and WHEREAS, CITY and OWNERS, in lieu of condemnation proceedings, have agreed to the acquisition of certain property interests of OWNERS by the CITY and the amount to be paid to OWNERS as "just compensation". IT IS THEREFORE AGREED: 1. Taking. CITY shall acquire by warranty deed from OWNERS the fee title to certain real estate set out in Exhibit A attached hereto. All of the foregoing may sometimes be hereinafter referred to as the "taking". 2. Compensation. OWNERS shall receive from CITYthe sum of $55,000.00 which shall be paid at the time CITY takes possession of the real estate described in Exhibit A attached hereto. 3. Possession. CITY shall be entitled to possession after execution of this Agreement. In any event, CITY shall acquire possession of said real estate on or before November 1, 1994. 4. Abstract - Deed. Conveyance to CITY by OWNERS shall be made pursuant to proper legal instrument subject to the terms and provisions of this Agreement. OWNERS warrant that they have merchantable title to said real estate and will furnish CITY with an abstract continued to a date not earlier than September 1, 1994 showing their title, provided the CITY shall be responsible for documentary transfer tax and the expense of continuing the abstract. 5. Boundary Line. Upon receipt of written request by OWNERS, CITY will instill pins or markers denoting the boundary lines of the real estate in such manner so that there will be no interference with the use of the area. 2?31 f-tp Dated at Iowa City, Iowa, this 30� day of 1994. CITY OF IOWA CITY, IOWA .;. � . G •pct. �_ .. Attest:,22ia� � Marian K. Karr, City Clerk Approved by: C' y Attorney's Office �'�y,CyG�/a� STATE OF IOWA ) ss: JOHNSON COUNTY) OWNERS Robert L. Carson Rose Kathrteen Carson CITY'S ACKNOWLEDGEMENT On this lc��Iay of Awlst , 1994, before me, a Notary Public in and for the State of Iowa, personally ap(leared Susan M. Horowitz 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 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.% -tag passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the Rc,'"L_ day of Qucusr 1994, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. S . Z Notary Public in and for the State of Iowa 3 OWNERS' ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY) On this 2- day ofrlulA Ate_, 1994, before me, the undersigned, a Notary Public in and for said County, Yn said State, personally appeared Robert L. Carson and Rose Kathleen Carson, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. *ANNE NEYLAN MY CO I 10 PIRES �� f Notary Public in and for aid County and State \cadata\legal\marym\carso n. agt Zvq EXHIBIT A DEED HOLDER: Robert L. and Rose Kathleen Carson LEGAL DESCRIPTION: A portion of the SW 1/4 SW 1/4, Section 17, T.79N., R.6W., of the 51h P.M., Iowa City, Iowa, described as follows: Beginning at a point lying S 89'49'52' W - 33.00 feet from a concrete nail marking the NE comer of said SW 1/4 SW 1/4, Section 17; thence S 0'24'00' E - 163.89 feet along a line 33.00 feet normally distant west of the east line of said SW 1/4 SW 1/4; thence S 89°35'19' W - 114.47 feet; thence Northwesterly - 363.03 feel along a 1040.00 fool radius curve concave northerly with central angle of 20° and chord of N 80"2441' W - 361.19 feet; thence N 70'24'41' W - 14.24 feet; thence Northwesterly - 333.13 feel along a 960.00 foot radius curve concave southerly with central angle of 19'52'57' and chord of N 80°21'10' W - 331.47 feet; thence N 0' 17'38' W - 41.84 feet to the north line of said SW 1/4 SW 114, Section 17; thence N 89°49'52' E - 809.88 feel along said north line to the Point of Beginning; Said Acquisition Parcel contains 2.094 acres, which Includes 0.614 acres of existing R.O.W. easement. PIW. Got. SW �'-I SW %J SEL I7-T70)N - 2LW NE. e --QR. sW %8 Sw%4 CFND. S/E" Yin/ s6C n-7-79 A1•R&W FND. CDn1C. /JAIL LZ3 EXIS-T'1rJ6 33' R.U.W. EAI F of CuT °X" L- 7- T1�AD Al 89 N9SZ_" E - /3Z3.60' d'D'l. OF,' �- 1 c _ C_URVE ACV4.VE 12 D 11) SZ 5-7, Zo" — .J11) I K �11o.00' uAli.cr�' t N L 3'�3.t3' 3t03.07� hI Ch N SD'2 I' ISW N 96'Z'i'Hh"W 3'5l.'i-7' 311.111' N S VJ '/y VV Vq Q / SEC 11-79-(0 SEE: BK. 24 A - PG. 11) 9 SK. 7._°I A -PC - X 37 Z 8K. I y o7- PL. 18,1 I � I ti\ 8Y Legend: t14-47 E% I5"il N 6 33' IZ.O.W. S�\ 5/8" Rebar found unless noted -/ IT, yi\ p 5/8" Rebar set w/cap (/8295 \ ( ) Recorded Dimension T -7. 32'� VJ I hereby certify Lbul during January, 1994, at the direction of the City of Iowa City, I executed this survey and supervised the preparation of This plat and that I om o Duty Registered Lund Surveyor proctictng under the ;cQLANOS Laws of the Slate of Iowa with current regislraliou renewuble �rv�,r 1.5 Dece�n}.bar 31, 1994. I UQmAA IIS L 7 11`4 U THOMAS J. L ' ANTHONY Thomas Anthony, RLS //8295 Tk Dale i NO. 8295 Subscribed and Sworn to before me on ibis ULI JOHN11 KENNET -] •• NYfiuftSom»PIM foWA Nola Publi / RIGII f -OF -WAY f l IU II�IVI le� I II ACQUISITION PLAT u-vuVvuvuti�l uv ROI�IREt ROAD IMPROVEMENTS L SURVEYING AND ENGINEERING — PROJECT PARCEL NO. l� IOW SoITY. IO E AVENUE RpgERT L. i Rosi KATI-ILIE IOWA CITY, IOWA 52240 PHONE (319) .754-1984 IOWA CITY CARSoAJ IOWA SCALE J°B N° 93062 Resolution No. 94-2R4 Page 2 It was moved by Kubbv and seconded by T.Phman the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: y Baker x_ Horowitz g Kubby g Lehman X Novick _ Pigott x Throgmorton 28% RESOLUTION NO. 94-290 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST SANITARY SEWER PROJECT, PHASE II. WHEREAS, Maxwell Construction of Iowa City, Iowa, has submitted the lowest responsible bid of $71,228.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Maxwell Construction of Iowa City, Iowa, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 30th day of August 1994. MAYOR ,/ 'J Approved by ATTEST: �4.ic�tn� 7S • 7i CIT CLERK City Attorney's Office �/-2 �FY It was moved by Pigott and seconded by Thrngmnrtnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton pweng\nwsamwr.res 29a RESOLUTION NO. 94-291 RESOLUTION ESTABLISHING FEES FOR CERTAIN SERVICES PERFORMED BY THE IOWA CITY POLICE DEPARTMENT AND THE CORALVILLE/IOWA CITY ANIMAL SHELTER. WHEREAS, the City of Iowa City Police Department provides certain services other than those duties required by State and municipal law; and WHEREAS, the City Council of Iowa City is desirous of charging fees for such services; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached schedule of fees for services be adopted and effective September 1. 1994. Passed and approved this 30th day of August , 1994• AYOR E=111- . - Approved by City Attorney's ice/9!J It was moved by Throgmorton and seconded by Pigott the Resolution be adopted, and upon roll call there were: police\fee.res AYES: NAYS: ABSENT: g Baker g Horowitz X Kubby X Lehman Novick _%— Pigott _x Throgmorton P91 FEES FOR POLICE DEPARTMENT SERVICES 1. Police Records a. Accident Reports ......................................... $3.00 b. Incident Reports ......................................... $3.00 C. "Good Conduct" Letters .................................... $3.00 Requests requiring greater than fifteen (15) minutes research, will be charged $3.00 for each additional fifteen minutes. ttlltfititttttttttfttt4tlttfittlttktlti Ytttftttttttttttt d. Computer Generated Reports ........................ $5.00 minimum Any computer report requiring more than ten (10) minutes to generate will be charged $5.00 for each additional ten minutes. 2. Escort services (excluding funerals): $23.00 per unit each day assignment of 30 minutes or less, plus $15 for each additional 30 minutes. 3. House and building moves: $23.00 for each officer per hour plus $7.50 per hour for each police vehicle, with a minimum two-hour charge for each officer and vehicle. 4. Impoundment fee: Vehicles impounded for violations of traffic and parking ordinances on public and private property: $10.00 per vehicle, plus towing charges and outstanding tickets. 5. Devices known also as burglary, hold-up or intrusion alarms terminating at the Iowa City Police Department: $5.00 for each alarm per month. Buildings and structures owned and operated by the City of Iowa City, whose intrusion alarms terminate at the Iowa City Police Department are exempt from this fee. 6. Excessive false alarms: Regarding devices also known as burglar, hold-up or intrusion alarms terminating at the Iowa City Police Department, of those devices that transmit false alarms, providing for one calendar year that more than five false alarms is excessive, an excessive false alarm fee schedule is established: 5 false alarms in a calendar year, no charge 6th false alarm in a calendar year, $20.00 7th false alarm in a calendar year, $25.00 8th false alarm in a calendar year, $35.00 9th false alarm and each thereafter in a calendar year, $50.00 7. Fee to unlock cars: When police officers perform the service of unlocking a car, a fee of $10 will be charged to the person requesting the service. policeVeesched SCHEDULE FEES, REGULATIONS AND GUIDELINES FOR PROVISION OF ANIMAL CONTROL SERVICES AND FOR ANIMAL LICENSING 1. Reclaim fee for impounded dogs, cats, and other animals: First reclaim within a twelve month period: Dogs and livestock: $10.00 Cats and other animals: $10.00 Second reclaim within a twelve month period: Dogs and livestock: $20.00 Cats and other animals: $20.00 Third reclaim within a twelve month period: Dogs and livestock: $40.00 Cats and other animals: $40.00 Fourth and each subsequent reclaim within a twelve month period: Dogs and livestock: $80.00 Cats and other animals: $80.00 2. Boarding fees: a) dogs, cats, and other small animals: $10.00 per day b) livestock and exotics: $20.00 per day 3. Animal disposal fee for resident and non-resident owner: a) $12.00 per cat, $15.00 per litter of kittens under (9) weeks of age b) $15.00 per dog, $20.00 per litter of puppies under (9) weeks of age C) $10.00 per each other small animal 4. Disposal of county strays (Board of Supervisors); $100.00 per animal. 5. Trap rental: $1.00 per day for a maximum ,of 15 days, with a minimum $5.00 non- refundable deposit. A $5.00 refundable deposit for use of cat traps will be refunded upon return of the trap in good working condition. 6. The license fee for neutered male and spayed female animals shall be $5.00 per year; the license for unaltered animals of either sex shall be $15.00 per year; senior citizens will receive 50% discount on these fees. Animals too young to be licensed shall be issued an animal ID tag for $1.00. This tag will expire at (5) months of age. New residents and new animal owners have 30 days to acquire a license. All adult licenses expire one year from the date of issuance and must be renewed within 30 days of the expiration date. Failure to acquire a license by above deadlines will result in a $5.00 delinquent fee for altered animals and a $15.00 delinquent fee for unaltered animals. Duplicate license or ID tag fee is $1.00. 26j( * Amended by Asst. City Atty. Cone -Fisher 9-26-94 ADOPTION FEES: Adoption Refundable Fees Spay/Neuter Deposits A) Cat/kittens/rabbits/birds/rodents $15.00 $30.00 B) Dogs/puppies $25.00 $40.00 C) Ferrets and exotics $20.00 $30.00 D) Livestock $35.00 $0.00 E) Upon the submission of written proof from a licensed veterinarian that the unaltered adoption animal has been altered, the Animal Center shall return the money deposited pursuant to above, subject to the following conditions. 1) if the animal was six (6) months of age or older at the time of adoption, proof that the animal was altered within thirty (30) days of adoption, 2) If the animal was less than six (6) months of age at the time of adoption, proof that the animal was altered within (30) days of the due date which appears on the adoption contract. The Animal Center shall not be required to pay interest on monies deposited pursuant to this provision. F) Animal Center personnel shall require any person adopting an animal without a valid rabies certification to take the animal to a licensed veterinarian for a routine health check, worming, and routine vaccinations. If upon examination, the veterinarian finds that the animal will not be old enough to be altered by the due date recorded on the adoption contract, the veterinarian shall enter the new date and record a signature. The person who adopted the animal shall return the new date and signature to the Animal Center. If this information is not returned to the Animal Center within ten (10) days after the person adopting the animal took possession of it, the person adopting the animal shall forfeit the alteration deposit. When a veterinarian has adjusted the alteration date, Animal Center personnel will also adjust the due date on the adoption contract. * G) Upon presentation of proof of age, no person sixty (60) years of age or older shall, if found to meet the qualifications and criteria for adoption of an animal, be required to pay an animal adoption fee to the City of Iowa City, provided that an animal suitable for adoption is available from the Animal Center. Any such person adopting an animal shall be responsible for spaying or neutering of the animal, costs of required vaccinations and any veterinary costs, and such persons shall be required to make the deposit set forth for spay and neuter. 7. The Animal Center may waive the time periods established herein for good cause shown. policeXanimal.fee F -t-, -�� « RESOLUTION NO. a^999 RESOLUTION ESTABLISHING FEES INCURRED BY THE CITY CLERK'S OFFICE AND POLICE DEPARTMENT ASSOCIATED WITH CIGARETTE EMPLOYEE EDUCATION WHEREAS, the City of Iowa City Municipal Code requires employee education concerning the sale of cigarettes to minors;and WHEREAS, as an integral part of this education, the City Clerk and Police Department processes, distributes and enforces these provisions of the Iowa City Municipal Code; and WHEREAS, the payment of fees is necessary to offset the administrative costs of providing this education; as mentioned above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to offset administrative costs related to employee education in order to carry out City policy to deter selling cigarettes to minors. 2. The administrative fee for cigarette employee education shall be $20.00 per application effective immediately. Passed and approved this 2nb day of August , 1994. ATTEST: Aa,u A 9fctv�J ClTftLERK pproved by �/�,✓ City Attorney's Office It was moved by K„hhg and seconded by r; gntt the Resolution be adopted, and upon roll call there were: AYES: shared\cclerk\cigfee. res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 2 9Z RESOLUTION NO. 94-293 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE, FOR VIDEO PRODUCTION AND POST -PRODUCTION SERVICES TO CABLECAST CORALVILLE CITY COUNCIL MEETINGS. WHEREAS, the City Council of Coralville has begun cablecasting its regular meetings on the local government access channel, and WHEREAS, the City of Coralville has requested assistance from the City of Iowa City Cable TV Division, and WHEREAS, it is in the interest of the City of Iowa City to cooperate with and assist the City of Coralville by providing a staff person and equipment to record certain Coralville City Council meetings for cablecast, and WHEREAS, Chapter 28E, Code of Iowa (1993), permits local governments in Iowa to make efficient use of their powers by enabling them to provide joint services and facilities with other agencies and to cooperate in other ways of mutual advantage, and WHEREAS, a mutually acceptable agreement has been negotiated whereby the City of Iowa City will provide the necessary related equipment and services in exchange for compensation from the City of Coralville sufficient to cover the costs for providing this service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign, and the City Clerk to attest, a 28 E agreement between the City of Iowa City, Iowa and the City of Coralville, Iowa, for video production and post -production services to cablecast Coralville City Council meetings, which agreement is attached to, and hereby made a part of, this resolution. Passed and approved this joth day of ATTEST: IT LERK cablety\coralcc.res 1994. Approved by ity Attorn 's Office ��,K 253 Resolution No. 44 -?03 Page 2 It was moved by Novick and seconded by Thrngmnrrnn the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: g Baker g Horowitz Kubby X— Lehman x % Novick % Pigott g Throgmorton 2-q -3 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF CORALVILLE, IOWA FOR VIDEO PRODUCTION AND POST- PRODUCTION SERVICES TO CABLECAST CORALVILLE CITY COUNCIL MEETINGS This Agreement is made and entered into by and between the City of Iowa City, Iowa (Iowa City), and the City of Coralville, Iowa (Coralville). Both cities are municipal corporations existing within Johnson County, Iowa. They may be referred to collectively in this Agreement as the "Cities". WHEREAS, the Cities are each local cable television franchise authorities for cable services provided by Telecommunications Inc. of Eastern Iowa, and it is mutually beneficial for the Cities to cooperate regarding local cable television production and programming issues; and WHEREAS, it is in the best interests of the Cities to share video production systems, equipment, and expertise; and WHEREAS, Chapter 28E, Code of Iowa (1993) permits local governments to make efficient use of their powers by providing joint services and facilities with other local governments, and by cooperating to mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Cities agree as follows: OBLIGATIONS OF THE CITIES. Iowa City will provide video production and post -production services required to record for cablecast the following meetings of the Coralville City Council: Formal City of Coralville City Council Meetings; Special City of Coralville City Council Meetings that replace Formal Coralville City Council Meetings. Such meetings may be referred to in this document as "council meetings". 2. Iowa City will provide one paid staff person to attend and record council meetings for cablecast . 3. Iowa City will provide such audio/video production equipment as is needed, in addition to the audio/video production equipment owned and provided by Coralville, to record council meetings for cablecast . 4. Iowa City may provide other video production services by agreement of the Cities. 5. Coralville will pay a video production fee of $20.00 (twenty dollars) per hour for all council meeting production activities including equipment set-up, production, equipment break -down, post -production (editing), travel and other related activities. If Iowa City provides other video production services by agreement of the Cities, the 2 53 cost for these services shall be agreed to by the Cities prior to provision of the services. Coralville will pay for all videotape required for recording meetings, and for miscellaneous supplies required for production or set-up. 7. City council meeting videotapes produced by Iowa City under this Agreement, as described above, will be used for cablecast of the program. Coralville shall have sole responsibility and liability for the content of said videotapes. Iowa City will provide one (1) copy of each videotaped program to the Coralville Public Library. Iowa City will hold videotaped programs for six (6) weeks from the last day of cablecast. At the end of the six (6) week period, -Iowa City will erase the videotapes and use the videotapes again, unless otherwise directed by Coralville. Videotapes will not be used more than five (5) times by Iowa City before being replaced. Iowa City will return the replaced videotapes to Coralville. TERM. The term of this Agreement shall be six (6) months, commencing on July 1, 1994, and ending on December 31, 1994, unless terminated 'earlier by one of the Cities. 2. Either City may terminate this Agreement by giving the other City written notice to terminate the Agreement, by regular mail, addressed to the Clerk of the City. The Agreement shall stand terminated thirty (30) days from the date such a notice is mailed, or on the termination date stated in the notice, whichever date is later. INDEMNITY. Coralville agrees to indemnify, defend, and hold harmless Iowa City, its officers, agents, and employees, against any and all claims, suits, actions, damages and costs, including attorney's fees, and against all liability for property damage and personal injury resulting directly or indirectly from any act of negligence of Iowa City, its agents, and employees, while the Cities provide the services described in this Agreement. 2. Iowa City agrees to indemnify, defend, and hold harmless Coralville, its officers, agents, and employees, against any and all claims, suits, actions, damages and costs, including attorney's fees, and against all liability for property damage and personal injury resulting directly or indirectly from any act of negligence of Coralville, its agents, and employees, while the Cities provide the services described in this Agreement. 3. Coralville agrees that Iowa City will not be liable for failing to videotape any city council meeting, or for producing a videotape of a city council meeting which is not usable due to technical failure of equipment or operator error. Iowa City agrees that Coralville shall not be required to pay any cost or charge for videotapes which cannot be used due to such failure or error. Zg3 Dated this 30�1 day of AmGUSr , 1994. CITY OF IOWA CITY By: Mayor of lbwa dity, Iowa ATTEST: iY�jlLuor�r� 5 • -/Of zj � City Clerk of Iowa City, Iowa Dated this'1'Aday of �cn 1994. ATTEST: .r—kv7) gu''��-' City Clerk%f Coralville, Iowa legal\28E Z93 CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 30 tf, day of Qte6ccs!�- 1 19 R` -f- before me, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 (BrdineR6e) (Resolution) No. 94— 293 passed by the City Council, on the U �A day of 4uC�ug. , 19 9�, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa CITY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 114 day of ILOafnbut- , 19 qq , before me, Ka�)leeo' R arty-dner , a Notary Public in and for the State of Iowa, personally appeared Allan Axeen and Arlys Hannam to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Coralville, 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, passed by the City Council, and that Allan Axeen and Arlys Hannam acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. kCLLlQ.een R. Gz-& e4_. #1583 Notary Public in and for the State of Iowa My &rnm'vazn. , EyLub II/I9L-. No Sq-a.Q t U -d . Z�3 RESOLUTION NO. g4_9g4 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN TERRACON ENVIRONMENTAL, INC. AND THE CITY OF IOWA CITY TO PROVIDE ENVIRONMENTAL CONSULTING SERVICES FOR AN EXPANDED PHASE II PROPERTY SITE ASSESSMENT WHEREAS, the City of Iowa City desires to engage the services of Terracon Environmental, Inc., as a consultant, in order to provide environmental consulting services for an expanded Phase II property site assessment of the Sturgis Ferry Park area; and WHEREAS, the consultant has agreed to enter into a consultant agreement, to provide such services to the City; and WHEREAS, the City finds it in the public interest to engage the consultant to carry out such environmental consulting services, as set forth in the.Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: It is in the public interest of the City of Iowa City to enter into a consulting agreement with Terracon Environmental, Inc. to conduct an expanded Phase II property site assessment. 2. The Consultant Agreement between the City of Iowa City and Terracon Environmental, Inc. is hereby approved as to form and content. 3. The Mayor and City Clerk are hereby authorized to execute the Agreement, which is attached hereto. Passed and approved this 30th day of August 1994. AYM OR Approved ATTEST:�%t�c CITY CLERKCity Attorney's Offic �aS/9sv ecodev\temacon.ms ?n4 Resolution No. 94-294 Page 2 It was moved by Throemorton and seconded by _yjgott the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x_ Baker g Horowitz g Kubby X Lehman v Novick Pigott x Throgmorton 274 CONSULTANT AGREEMENT Terracon THIS AGREEMENT, made and entered into this 30 +(' day of Qt16t1s7_ , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Terracon Environmental. Inc.. an Iowa -based corporation , of Rock Island. Illinois , hereinafter referred to as the Consultant. WHEREAS, the City is considering the development and/or redevelopment potential of property known as the Sturgis Ferry Park Area. The property was historically used as a municipal dump. Consistent with historical use, the City seeks to conduct environmental assessment and evaluation of the Sturgis Ferry Park Area. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provided services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. The scope of services is described in detail in the attached proposal by the Consultant, Property and Risk Assessment -Proposal #4294088, July 15, 1994 (Revised August 16, 1994). In general, services will involve, * Conduct a modified records search of available public and regulatory documents. * Conduct a program of Geoprobe® sampling and on-site mobile laboratory analyses to identify chemicals of concern. * Conduct a program of drilling and sampling to obtain fixed -laboratory analyses of fills/soils, groundwater and soil/fill vapor; final number and locations to be selectively positioned on the basis of the Geoprobe3 study. * Conduct a modified risk assessment of site conditions using as general guidance USEPA's Risk Assessment Guidance For Superfund (RAGS). The assessment, while making use of Superfund protocols and formulas for calculating risk, will not constitute a full Superfund-level risk assessment. * Prepare a draft summary report of findings to discuss with the client. * Prepare a final written report of findings. Agreement - Page 1 H. TIME OF COMPLETION Terracon The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Presented in detail in Section 5.0 of the proposal, the proposed schedule for completion is one hundred and twenty (120) calendar days from date of award by the City. M. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions. or privileges or employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of this Project shall be as independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. Itis further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under Agreement - Page 2 29 this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. Terracon I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactory perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawing shall become the property of the City. The Consultant shall be allowed to peep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. IV. COMPENSATION FOR SERVICES Completion of services described in the proposal are estimated to result in costs on the order of S43,000. The proposal and scope of services has been jointly reviewed and revised with the City. This cost is based upon performing only the services described in the Consultant's proposal. Some components are contingent upon findings resulting from activities performed under these services and may or may not be performed in their entirety. For informational purposes the fees are generally summarized as follows, actual costs may vary up or down and across task budgets within the S43.000 estimate presented; Records Review Historical records review, regulatory agency communication, limited interviews, regulatory database search, site reconnaissance. .......... Estimated $1,000 Geoprobe Survey Mobilization, setup, on-site screening and analysis of soil vapor and groundwater, expendable supplies, operator/crew, equipment and cleaning involving three (3) working days ................... Lump Sum S 8,500 Drilling Construction Mobilization of equipment and personnel, cleaning, equipment rental. on-site drilling time, well materials and construction of up to ten (10) Estimated S 9,500 monitoring wells. ................................... Chemical Analysis Analytical testing of up to thirteen (13) ground and surface water samples for the guidance parameters of Section 2.7.1 and up to four (4) samples for the parameters of Section 2.7.2Estimated $9,500 .............................. Agreement - Page 3 Risk Assessment Hazard identification, exposure assessment, toxicity assessment and risk Terracon characterization, including on-line IRIS downloads . .............. Lump Sum $9,000 Reportine Expansion of preliminary geotechnical report (Terracon #06935124) .... Estimated $1,500 Draft report, drafting and on-site client presentation . ............. Lump Sum $3,000 Final report ........................................ Estimated $1,000 Except where noted above, Terracon's invoice will represent actual units performed consistent with the attached fee schedule. Should site conditions be encountered which require major revisions in the program and/or result in significantly higher costs, Terracon will contact the City prior to initiating this work for discussion and possible revision of scope and fees. Interim invoices will be submitted. V. NIISCELLAINEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the excavation of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY FOR THE CONSULTANT Bv: ,(/mow /tint B� Title: Mayor Title: David E. Koch, Principal Date: A ,g cr 'In, 199A Date: August 17 1994 ATTEST:, 2?� ,) zf ,/ • 9ft�v/ (4294088.AGR) Agreement - Page 4 Approved by: City Attorney's Office Date 294 July 15, 1994 Revised August 16, 1994 City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Attention: Mr. David Schoon Economic Development Coordinator RE: Property and Risk Assessment Sturgis Ferry Park Area Iowa City, Iowa Proposa11f4294088 Dear Mr. Schoon: 1 rarracon ENVIRONMENTAL, INC. 4470 48th Avenue Court Rock Island, Illinois 61201 (3091 788-1500 Fax (309) 788-1518 Jahn F Hartwell, P.E. David E. Koch. IGP James R. Buckhahn. C.E.T. Russell K. Lovaas, P.E. Gregg P Olbens, IGP Jerry L. Wilson, P.E. Terracon Environmental, Inc. (Terracon) is pleased to respond to the City of Iowa City's (City) request for a revised proposal to perform an expanded Phase II property site assessment at the above -referenced location. The purpose of the assessment is to provide information for hazardous material risk evaluation by the client for use in future property transfer and/or development. This proposal has been prepared consistent with previous meetings between Mr. David Koch, Terracon, and the City's selection committee. It is Terracon's understanding that the City wishes to accomplish the following relative to this property; Identify and summarize the property's historical use and records relative to environmental impacts by former solid waste disposal operations identified by United States Environmental Protection Agency, Region VII (USEPA) and the Iowa Department of Natural Resources (IDNR). Assess soil, fills, groundwater and soil/fill vapor at the property relative to potential environmental impacts. Prepare a report of findings to address site redevelopment, to include risk assessment. The risk assessment will address current conditions and potential future development as described in the City's May 27, 1994 letter. Offices of The Terracon Companies, Inc.: Environmental Engineers and Scientists Arizona: Tucson ■ Colorado: Colorado Springs. Denver, Ft. Collins, Greeley, Longmont ■ Icaro: Boise ■ Illinois: Bloomington. Chicago, Rock Island. Rockford ■ Iowa: Cedar Falls, Cedar Rapids, Davenport, Des Moines, Storm Lake ■ Kansas: Lenexa. Topeka, Wichita ■ Minnesota: St. Paul ■ Missouri: Kansas City ■ Montana: Billings ■ Nebraska: Lincoln. Omaha ■ Nevada: Las Vegas IS Oklahoma: Oklahoma City, Tulsa ■ Texas: Callas. Fort Worth ■ Utah: Salt Lake City ■ Wyoming: Cheyenne QUALITY ENGINEERING SINCE 1965 7 City of Iowa City July 15, 1994 Proposal No. 4294088 Page 2 1.0 SCOPE OF SERVICES Terracon As discussed with you previously, it should be understood that assessments of finite scope, such as the one proposed for this site, provide information from a fixed number of data points and will not provide sufficient information to completely eliminate the risk of hazardous or toxic substances remaining undiscovered. Terracon proposes hereafter a preliminary scope of services to be discussed with the client. In general Terracon proposes to complete the following tasks; * Conduct a modified records search of available public and regulatory documents. * Conduct a program of Geoprobes sampling and on-site mobile laboratory analyses to identify chemicals of concern. * Conduct a program of drilling and sampling to obtain fixed -laboratory analyses of fills/soils, groundwater and soil/fill vapor; final number and locations to be selectively positioned on the basis of the GeoprobeO study. * Conduct a modified risk assessment of site conditions using as general guidance USEPA's Risk Assessment Guidance For Superfiind (RAGS). The assessment, while making use of Superfund protocols and formulas for calculating risk, will not constitute a full Superfund-level risk assessment. * Prepare a draft summary report of findings to discuss with the client. * Prepare a final written report of findings. 2.0 FIELD SERVICES 2.1 Site Reconnaissance A site reconnaissance will be conducted by a Terracon representative to identify relevant environmental concerns. The subject property and structures will be visually and physically observed, as well as accessible common areas within these structures. The general site setting, including current and past property usage, geologic and topographic conditions, and surrounding property usage will be noted to City of Iowa City July 15, 1994 Proposal No. 4294088 Page 3 Terracon the extent which they are readily identifiable. Indications of the usage, treatment, storage, disposal or generation of hazardous substances and petroleum products will also be noted. These may include such items as storage tanks, drums, stained soil, chemical odors, etc. In addition, a cursory observation of adjoining properties will be performed. but this will not include off-site walk-throughs or interviews. Adjoining property will be assessed based on what is readily observable from the subject site or public right-of-ways. The reconnaissance will collect information relative to the placement of final sampling locations and the exposure assessment portion of the RA. photographic log of site conditions at the time of assessment. 2.2 Historical Records Review The reconnaissance will produce a Terracon will review historic sources which date back to 1940 or, if the property was developed prior to 1940, dating back to the time when the property was not developed. Such information will be reviewed provided that the information is reasonably ascertainable. These historic sources may include one or more of the following: aerial photographs, fire insurance (Sanborn) maps, street directories and or USGS 7.5 minute topographic maps, and interview responses. Terracon will obtain a copy of a master thesis entitled "Hydrogeology of Three (3) Iowa City Landfills" prepared in 1972. Terracon will review this document as part of records review relative to site information and applicability of use in conducting the later intrusive assessment. . Outlined below are the following federal and state records which are typically reviewed for indications of an environmental concern, and the approximate minimum search distance of the review from the nearest property boundary. Terracon will subcontract with a firm which specializes in accessing government records to assist with this portion of the assessment. 2�1'f- City of Iowa City July 15, 1994 Proposal No. 4294088 Page 4 Terracon Governmental Records Search. Distance Federal NPL Site List 1.0 mi/1.6km Federal CERCLIS List 0.5 mi/0.8km Federal RCRA TSD Facilities List 1.0 mi/1.6km Federal RCRA Generators List Prop. & Adjoining Properties Federal ERNS List Prop. Only State Lists of Hazardous Waste Sites 1.0 mi/1.61m State Landfill and/or Solid Waste Sites 0.5 mi/0.8km State Leaking UST Lists 0.5 mi/0.8km State Registered UST Lists Prop. & Adjoining Properties All of the above sources generally provide names and locations of sites which have been reported to regulatory agencies because of certain environmental conditions or hazardous substances which currently exist or have at one time existed at a site. Additional or more detailed information is not typically given on the listings. If sites are identified as being within the specified search distance, these sites will be reported. If more detailed information is required by the client, arrangements for additional services can be negotiated. 2.3 Geoprobea Assessment With the identification of buried materials, site and risk assessment must address the potential availability of chemical compounds to the human population potentially exposed during re -development and future occupancy. Unburned waste in the presence of a fluctuating water provides for the potential generation/release of volatile compounds as vapor and/or methane. Terracon proposes an initial survey for impact to soil/fill vapor and groundwater from volatile organic compounds and methane. This information will be used to selectively determine the final number and locations of soil borings/monitor wells for boundary condition and full -range analytical parameters of the Iowa solid waste program. City of Iowa City July 15, 1994 Proposal No. 4294088 Page 5 Terracon The GeoprobeO system uses a hydraulically advanced cone penetrometer device to derive vapor and water samples from the pore space of soils. A one (1) -inch diameter, hollow, slotted steel "lead" rod is advanced into the soil using a hydraulic ram. The rod is lifted approximately one (1) inch off the "lead" probe. Soil vapor samples are obtained by connecting the probe to an electric vacuum pump. Each sample is collected by drawing at least three (3) volumes of soil vapor through one-quarter (0.25) inch inside diameter polyethylene tubing inserted through the center of the rods. A syringe is inserted into the connecting fixtures to extract the sample. The pressure inside the tubing is allowed to drop to atmospheric before withdrawing a sample. The GeoprobeO system uses the hydraulically advanced cone penetrometer to collect liquid samples from the pore space of soils. Below the groundwater surface, the rod is lifted approximately one (1) inch off the "lead" probe. Groundwater enters the probe rod through slots in the rod. An approximate one-half (.5) inch diameter stainless steel, bottom -fill check -ball bailer is lowered inside the probe rod to collect the groundwater sample. The sample is removed from the bailer to the on -board purge and trap unit which then automatically injects the sample into the on -board GC. Samples will be analyzed in general accordance with Environmental Protection Agency (EPA) Methods using laboratory standards for quantification. The method is modified by injecting soil vapor samples directly to a Shimadzu GC -14A gas chromatograph (GC). Air concentrations are reported in micrograms per liter (ug/1) air mass per unit volume. 2.4 Drilling and Sampling Dependent on the outcome of the Geoprobea survey, up to ten (10) soil borings may be drilled and constructed with monitoring wells. An estimated six (6) of these borings could be extended to access buried fills and/or the shallow groundwater table in the non -park development areas. Up to four (4) other area borings may be used. These borings are estimated from available geotechnical boring logs to penetrate to an average depth of approximately twenty-five (25) feet. To obtain samples representative City of Iowa City July 15, 1994 Proposal No. 4294088 Page 6 Terracon of soils/fills beneath the operating facilities and adjacent to other identified structures, it may be necessary at some locations to drill and sample through pavements. Drilling will be accomplished using a truck -mounted drill. Due to the nature of fills, hollowstem augers will be used to maintain borehole integrity during drilling/sampling and well construction. Borings will be backfilled with a bentonite/auger cuttings mixture exterior to structures. Borings conducted inside the structures will be similarly backfilled with pavements and floors patched with concrete. Excess auger cuttings not used in the sampling program will be either moved to the exterior of the structures from interior borings, or left adjacent to backfilled borings drilled exterior to the structures, if out of traffic, pending receipt of laboratory chemical analyses. Final disposition will be by the client. 2.5 Field Screening On the basis of currently available information, subsurface materials will be qualitatively and quantitatively screened on-site during drilling and sampling activities. Soil samples recovered from borings will be evaluated for the presence of volatile organic vapors using a Thermo -Environmental Organic Vapor Monitor Model 580A photoionizarion detector (PID). This device provides a direct reading in parts per million isobutylene equivalents (ppmi), generally a 1:1 response correlation to benzene. The portable field unit is considered to have an effective field detection limit (FDL) of approximately one (1) ppmi. The unit will be gas calibrated in accordance with manufacturer's recommendations prior, during and after daily use. 2.5 .1 Methane Screening In addition, the borehole annulus and/or the interior drill casing will be field -screened for methane after completion of borings and prior to backfill. Screening will be made using an MSA Methane Spotter Scope® with telescoping arm as the field measuring unit, or equivalent. 2.5.2 Radiation Survev Available information does not indicate the likelihood of encountering radioactive materials. However, prudence dictates field screening of soil/fill samples in view of the following; 24.�- City of Iowa City Terracon July 15, 1994 Proposal No. 4294088 Page 7 * Presence of materials similar in nature to some materials used in the medical industry (e.g., rubber gloves and debris) in previous geotechnical borings. * The previous use as a municipal waste area and the presence of medical facilities in the city concurrent and pre -dating site use. * The presence of university research facilities in the city concurrent and pre -dating site use. Samples of soil/fill will be field screened at collection using a Victoreen Model 190 Radiation Monitor, or equivalent, to monitor and record levels of Alpha, Beta, Gamma and X -Ray emission. Survey information will be incorporated into site health and safety monitoring. 2.6 Surface Water Samalina The assessment is intended to characterize not only the chemical impact potential of the property, but the setting in which it resides for a comparative evaluation of risk. Terracon proposes to collect four (4) surface water samples of the adjacent Iowa River for chemical analysis at the time the Geoprobe survey is conducted. Samples will be analyzed with the on -board GC. If the samples indicate significant similarities of chemical type and/or concentrations identified in groundwater assessed during the probe survey, fixed -based laboratory analysis will also be used. If available and considered applicable, water quality data from the University of Iowa will be identified and used. 2.7 Laboratory Chemical Analvsis Consistent with the requirements by most regulatory programs for final determination or confirmation of quantitation of chemicals of impact, fixed -based laboratory analysis will be used. The final number of samples will be determined following the Geoprobe® survey. 2.7.1 Solid Waste Parameters In making use of a program of assessment similar to the guidance of Iowa's solid waste program and subsequently performing evaluation relative to the Iowa Code 455B.305.6 exemption, chemical analysis of soils and groundwater will be analyzed for the following compounds. Analytes are a modified list used Lg� City of Iowa City July 15, 1994 Proposal No. 4294088 Page 8 Terracon by Iowa's solid waste program in first-year monitoring of solid waste facilities for determining groundwater quality. Arsenic, dissolved Chromium, total dissolved Magnesium, dissolved Selenium, dissolved 1,2-dichloroethane 1,1-dichloroethylene Total organic halogens Barium, dissolved Lead, dissolved Zinc, dissolved Benzene Trichloroethylene Paradichlorobenzene 2.7.2 Petroleum Compounds Cadmium, dissolved Mercury, dissolved Copper, dissolved Carbon tetrachloride 1,1-m-l,trichloroethane Phenols To address areas of potential impact in the fueling areas of the transit facility and the waste oil collection area by petroleum compounds as either gasoline, fuel oil or used oil, it is proposed to conduct chemical laboratory analysis of soils/fills using as guidance Iowa's leaking underground storage tank (LUST) program. Depending on the findings of field screening, and historical area use, benzene, toluene, ethylbenzene, xylenes (BTEX) analysis may also be conducted. USEPA SW -846 methods modified for use by the Iowa Department of Natural Resources as methods OA -1 and OA -2 will be used. Four (4) soil and four (4) water samples are initially proposed for analysis. 3.0 RISK ASSESSMENT Risk assessment (RA) is commonly misunderstood as an attempt to avoid corrective action of an environmental release. In acrualityI the RA is an evaluation tool which provides a very site-specific consideration of conditions and public health impacts. The program was developed by the USEPA to assist the regulatory agency in evaluating site-specific risks so as to best apply federal resources and funds to sites most needing those efforts. RA as discussed herein is fundamentally different from "risk" classification systems such as those used by underground storage tank programs (e.g., Iowa's Underground Storage Tank Program). RA methodology does not attempt to apply pre-set boundaries or classifications, but rather it evaluates and City of Iowa City July 15, 1994 Proposal No. 4294088 Page 9 Terracon calculates health risks specific to the site. In Terracon's opinion, it's appropriateness would appear supportive in consideration of the following; * The existing RA protocols are well defined and used as a standard across regulatory program boundaries: CERCLA, RCRA, state uncontrolled waste sites, state voluntary cleanups and large UST impacts. * The toxicological and risk information used by RA is common to that used to derive other state or federal corrective action or regulatory standards (e.g., Drinking water and groundwater protection). * RA would complement the physical assessment program; it could make use of data from previous studies. 3.1 Application Risk assessment attempts to derive a mathematical correlation between science and policy. Individuals are exposed on a daily basis to chemicals released into the environment from natural and manmade sources. An individual's daily exposure to trace amounts of toxic and non-toxic compounds is an unavoidable background condition. Concentrations and duration of exposure vary from person to person, day to day, throughout their lives. RA attempts to estimate the severity of added risk(s) posed by chemicals above background or "normal" levels potentially released from a site. Because of the suspect carcinogenic and systemic impacts of some chemicals, "over -keying" toxicology can make for conservative assumptions that overestimate risk at each step of the process. An overly conservative "what if... and then what if' syndrome results in a cumulative estimate of risk higher than actual exposure and risk at the site. Terracon proposes to effectively estimate risk using informed assumptions specific and realistic to conditions at this site. The site is located in a historical commercial setting. The RA will focus on human health evaluation, it would not address impact to non -human receptors. It is not the intent of Terracon to develop extensive original RA research and/or study for the Sturgis Ferry Park Site. Consistent with USEPA's approach to assessment, Terracon will rely on existing Z9`f City of Iowa City July 15, 1994 Proposal No. 4294088 Page 10 Terracon toxicity information developed on specific chemicals by USEPA and other agencies. Terracon will make use of in-house on-line services and references currently in-place such as Health Effects Assessment Summary Tables (HEAST) through IRIS (USEPA Integrated Risk Information System), current Carcinogen Assessment Group (CAG) Profiles and Hazardline. Calculations and estimates will be conducted using USEPA's Risk Assessment Guidance for Superfund, Volume I, Human Health Evaluation Manual, Part A (RAGS) and Addendums as relevant and appropriate guidance. Calculations and estimates will be conducted using industry guidance as USEPA Risk Assessment Guidance for Superfund, Volume 1, Human Health Evaluation Manual, Part A (RAGS) as appropriate reference. These protocols will be combined with Terracon experience. The objective is not the unobtainable goal of removing all uncertainty, but rather for Terracon to expeditiously gather information sufficient to support an informed risk management decision by the permittee and regulatory agency regarding a remedy most appropriate to the site. 3.2 Baseline Risk Assessment The RA process will include these primary components: source characterization, identification of primary chemicals of concern, consideration of fate and transport of leachate, exposure assessment, toxicity assessment and risk characterization. The first element will use chemical characterization of the chemical impacts and information available from previous site explorations. The existing Iowa solid waste program has established analytical target parameters and levels of laboratory data validation for permitted facilities. Services will consider these protocols suitable to RA for this facility. Secondary sources to be considered will be groundwater in contact with chemical impacts and represented by perimeter monitoring wells and possible receiving streams, ponds or lakes. In general, the RA will include, * Primary review of data collectionievaluation conducted to date relevant to confirmation of adequacy of chemical data for RA. Chemicals of concern will be identified. * A site reconnaissance to develop a conceptual exposure assessment model. The exposure assessment will estimate the magnitude of human exposures, the frequency and duration of these exposures, and each of the above pathways by which humans are potentially exposed. ZCir{ City of Iowa City July 15, 1994 Proposal No. 4294088 Page 11 Terracon Reasonable maximum estimates of exposure will be developed for current and future land -use assumptions. It will include analysis of actual and probable contaminant releases, identifying exposed target populations, identifying potential pathways of exposure, estimating exposure point concentrations for specific pathway factor categories, and estimating contaminant intakes specific to pathways. A secondary exposure assessment will estimate impacts on the basis of available information. it will consider on -property and adjacent off -property effects through four (4) pathways as ground water, surtace water, soil and air. * A toxicity assessment will present hazard identification and dose -response data. Hazard identification is the process of determining whether exposure to a chemical of concern might cause an increase in the incidence of an adverse health effect (e.g. cancer, birth defect). Hazard identification also involves characterizing the nature and strength of the evidence of causation. Dose -response evaluation, is the process of quantitatively evaluating toxicity information and characterizing the relationship between the dose of the contaminant administered or received and the incidence of adverse health impacts to the exposed target population. From this quantitative dose -response relationship, toxicity values are derived that can be used to estimate the incidence of adverse effects occurring in humans at different exposure levels. * A risk characterization to summarize and combine outputs of the exposure and toxicity assessments to characterize baseline risk in quantitative expressions and/or qualitative statements. The characterization should specifically address; - Current potential human exposures to chemicals of concern through complete pathways from unmitigated chemical compounds relative to a threshold risk of 1x101 for carcinotzenic and non -carcinogenic impacts. - Potential furore human exposures to chemicals of concern through complete pathways from unmitigated chemical compounds and available chemical analyses relative to a threshold risk of 1x10-6 for carcinogenic and non -carcinogenic impacts. - Cumulative site estimates. of risk within current/future potential complete exposure pathways for chemicals of concern. - Cumulative site estimates of risk for the maximum current/future exposure potential for each chemical of concern across complete pathways. It should be understood that it is not the intent of a RA to guarantee "no action'. The RA is an informational tool for use in determining the potential effect of contaminants on public health. 3.3 Considerations Of RA Relative risk will be assessed only on the basis of identified chemical impacts. The determination of relative risk will address compounds for which Iowa regulatory agencies have designated and/or Zrtt1{ City of Iowa City July 15, 1994 Proposal No. 4294088 Page 12 Terracon prioritized for remedial enforcement or guidance levels for groundwater or drinking water at solid waste facilities. The RA will address a single source of material, the solid waste disposal facility, for three (3) routes of potential exposure. It will assign relative degrees of potential for each exposure during this presentation. The RA will make use of readily available chemical and health information from the on-line data files of the USEPA's Integrated Risk Information System (IRIS). It will make use of Iowa regulatory guidelines and methods established specific to the regulation of solid waste disposal facilities. It does not make use of recent clinical or unverified research documents not currently in common acceptance by regulatory authorities. The RA will address the blending constituents of landfill leachate. The RA will not attempt to address the additive or inter -relational health affects of selected constituents as mixtures. Individual components will be addressed on the basis of regulatory prioritization and apparent human health impacts. The RA will address the general human population and perceived human populations -at -risk. Due to location of a site and the current and anticipated land usage it will not address animal or plant receptors. The RA will present the apparent calculated risk posed relative to rates of mortality from other stressors and/or accidents. It will present health advisory levels relative to actual cancer occurrence for the general and local population. As with the information used in it's development, the RA is not a definitive "yes/no" statement with regard to occurrence of deleterious health effects. It presents information as to probabilities of occurrence for the purpose of determining acceptable risk. 294 City of Iowa City July 15, 1994 Proposal No. 4294088 Page 13 3.4 Ecological Assessment Terracon The field of ecological or environmental risk assessment is "indeed a fledgling one". The inter- and intra -species effects of chemical impacts have typically been derived from "emergency" study for individual compounds (e.g., DDT studies in eagles). A limited and incomplete information and/or research base exists for most ecosystem and non -human receptors. Evaluation requires extensive and expensive research specific to the ecology of a site which typically results in qualified or inconclusive findings. The United States Environmental Protection Agency originally published in 1989 a second part to RAGS as Volume II: Environmental Evaluation Manual. However, the manual does not provide adequate guidance on methods and protocols within the industry. Volume II usage is currently under review by the Agency. Consistent with this approach, the Iowa legislature did not require ecological evaluation in passage of June 1994 legislation as pan of evaluating leachate collection and treatment exemptions using risk assessment for old solid waste facilities. This risk assessment will not attempt to conduct ecological assessment under the pending agency program. The risk assessment, while not conducting an ecological assessment or providing a definitive finding of potential impairment to non -human receptors, will present in tabular form and generally discuss concentrations of chemicals identified in groundwater. The discussion will be limited and restricted relative to ambient water quality criteria identified by USEPA for freshwater aquatic organisms. All compounds may not have criteria established by USEPA. The discussion is provided at the request of the client and considers; * If impacted, groundwater is typically considered a probable exposure pathway to receptors in the risk assessment process. * Groundwater at this site has a high probability of hydraulic connection to the adjacent river. * USEPA information for acute and chronic criteria is readily available for many compounds. * Surface water sampling as part of assessment will allow a general comparison of "background" conditions for the adjacent aquatic environment as the Iowa River. t Performing Ecclogical Risk Assessments", Calabrese and Baldwin, 1993. City of Iowa City July 15, 1994 Terracon Proposal No. 4294088 Page 14 4.0 SUPPLEMENTAL PRELIMINARY GEOTECHMCAL REPORT Terracon Consultants, Inc., Cedar Rapids, Iowa previously conducted geotechnical exploration and evaluation for this site under project number 06935124. At the client's request, the geotechnical engineer will review logs and drilling/sampling information conducted under this assessment for borings conducted outside of proposed future park areas. The geotechnical engineer will issue a supplementary report under separate cover as an addendum to the original Preliminary Geotechnical Report (#06935124 December 16, 1993). 5.0 SCHEDULE As discussed with the Selection committee August 8, 1994, an estimated period of approximately one hundred and twenty days (120) is anticipated. A final schedule will be determined upon award by the City. The following task schedules are provided for planning purposes and may run concurrently. Activitv Records research/review Geoprobe3 survey Drilling/well construction Chemical analysis Risk assessment Draft report Final report 6.0 FEES Mobilization Time Five (5) working days Three to five (3-5) weeks Ten (10) working days Duration Two (2) weeks One (1) week One (1) week Four to five (4-5) weeks Four to six (4-6) weeks Four to six (4-6) weeks Two (2) weeks Based on completion of the above proposed comprehensive scope of services, the work is estimated to result in costs on the order of 543,000. This presentation has been jointly reviewed and revised with the City. This cost is based upon performing only the services described above. For informational purposes the fees are generally summarized as follows; 2-9` - City of Iowa City July 15, 1994 Proposal No. 4294088 Page 15 Terracon Records Review Historical records review, regulatory agency communication, limited interviews, regulatory database search, site reconnaissance. .......... Estimated $1,000 Geoprobe Survey Mobilization, setup, on-site screening and analysis of soil vapor and groundwater. expendable supplies, operator/crew, equipment and cleaning involving three (3) working days ................... Lump Sum $ 8,500 Drilling and Well Construction Mobilization of equipment and personnel, cleaning, equipment rental, on-site drilling time, well materials and construction of up to ten (10) monitoring wells . ................................... Estimated 5 9,500 Chemical Analvsis Analytical testing of up to thirteen (13) ground and surface water samples for the guidance parameters of Section 2.7.1 and up to four (4) samples for the parameters of Section 2.7.2 .............................. Estimated $9,500 Risk Assessment Hazard identification, exposure assessment, toxicity assessment and risk characterization, including on-line IRIS downloads . .............. Lump Sum $9,000 Reporting Expansion of preliminary geotechnical report (Terracon #06935124) .... Estimated $1,500 Draft report, drafting and on -sire client presentation . ............. Lump Sum $3,000 Final report . ....................................... Estimated $1,000 Terracon's invoice will represent actual units performed consistent with the attached fee schedule. Should site conditions be encountered which require major revisions in the program and/or result in significantly higher costs, we will contact you prior to initiating this work for revision of scope and fees. Interim invoices will be submitted. Unless otherwise instructed, invoices will be submitted to your attention at the address shown at the beginning of this letter. 7.0 HEALTH AND SAFETY This proposal assumes that no greater than Level D safety precautions are adequate. Level D safety attire generally consists of a normal work utriform including safety shoes, hardhat where required, and Zq`k- City of Iowa City July 15, 1994 Proposal No. 4294088 Page 16 Terracon appropriate eye protection. A health and safety plan will be developed prior to mobilization to affirm these assumptions. The costs will be adjusted accordingly if site specific conditions require more stringent health and safety procedures. 8.0 PROJECT MANAGEMENT The activities of this project will be supervised by Terracon's Rock Island. Illinois office under the direction of an assigned Project Manager (PM). This manager may delegate portions of reporting or other activities to other staff. Senior review and technical supervision for this project will be conducted by an assigned Senior Technical Manager (STM). However, overall project responsibility lies with the PM. Please, for continuity, direct questions, comments or requests for services to the assigned PM. Should the client at any time feel Terracon services are not responsive to the client's needs and/or are not being addressed expeditiously by the Pb[, Terracon encourages you to make immediate and direct contact with the STM. The following staff are anticipated for assignment to this project; Project Manager Jerry L. Wilson, P.E. (309)788-1500 Geotechnical Engineer Dennis E. Whited, P.E. (319)366-8321 Senior Technical Manager David E. Koch, Principal (309)788-1500 9.0 CONDITIONS Items to be provided by the client include arranging for the right -of -entry to conduct field activities and permission to review and copy appropriate plans, maps, and plat documents pertaining to the site. Also, if there are any other documents, restrictions, or special requirements, including safety, regarding this site, these should be made known to us prior to commencing field work. Terracon will be responsible for obtaining public utility locations. The client will be responsible for providing the locations of other subsurface structures known -to exist in the area. This proposal assumes all drilling locations are readily accessible to truck -mounted drilling and GeoprobeO equipment in summer/fall conditions. n+ City of Iowa City July 15, 1994 Proposal No. 4294088 Page 17 Terracon The City has indicated that Terracon Consultants, Inc. has previously conducted services under the City's CONSULTANT AGREEMENT and prefers to conduct services described above consistent therewith that agreement. Upon award to Terracon, the City's CONSULTANT AGREEMENT will be completed and will be considered part of this proposal. A copy of this document has been provided to our corporate review. For clarifications/discussion, please contact our Contract Administrator, Mr. John Kinney, at 1-913-599-6886. If this proposed scope of services meets with approval, please, provide work authorization by executing the Approval and Notice to Proceed and returning an original copy to us. Terracon Environmental, Inc. thanks you for this opportunity to expand the working relationship between the City of Iowa City and The Terracon Companies, Inc. If you have any questions regarding this proposal prior to joint discussion, please, do not hesitate to contact this office. Very truly yours, TERRACON ENVIRONMENTAL, INC. ?Jrry&W(iY1son, P.E. Project Manager 7LW/DEK/dk2 (4294088a.PRO) David E. Koch, IGP#1200 Principal Z -Cr(— City of Iowa City July 15, 1994 Proposal No. 4294088 Page 18 APPROVAL AND NOTICE TO PROCEED The above proposal and attached Terms and Conditions are understood and accepted. NAME: Susan M Horovl tz Maya FOR: Terracon (Company) DATE: August 30, 1994 INVOICES TO: pras f�K RESOLUTION NO. 94-295 RESOLUTION DETERMINING NECESSITY AND SETTING A PUBLIC HEARING FOR OCTOBER 25, 1994, ON A PROPOSED NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN FOR A PROPOSED URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. WHEREAS, pursuant to Iowa Code Chapter 404, the City Council may, by ordinance, designate an area of the city as an urban revitalization area for the purpose of granting property tax exemptions for improvements to properties; and WHEREAS, the proposed Urban Revitalization Area includes and consists of the area described as: Block 102 and 103 of Original Town; O.L. 24 of S.J. Johnson Subdivision; Block 2, Berryhill and Pierce Addition; the east 170 feet of Block 101, Original Town; the east 25 feet of the north 130 feet of the west 150 feet of Block 101, Original Town; Lots 2-8, Block 5, Lyon's First Addition; the west 91.70 feet of Lot 1, Block 19, County Seat Addition and all of Lots 2, 3, and 4 east of Ralston Creek, Block 20, County Seat Addition. WHEREAS, the City Council must follow the statutory criteria set forth in Iowa Code Chapter 404 when designating an area as an urban revitalization area. This procedure includes adoption of a resolution finding that the rehabilitation, conservation, redevelopment, economic development, or a combination thereof of the area is necessary in the interests of the public health, safety, or welfare of the residents of the City and the area meets the criteria of §404.1, 1993 Code of Iowa; and WHEREAS, Iowa Code §404.1 (1993) provides that the City Council may designate an area of the City as a revitalization area, if that area is: "An area which is appropriate as an economic development area as defined in Section 403.17." WHEREAS, Iowa Code §403.17 defines an economic development area as the following "An area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing." WHEREAS, the Near Southside (NSS) Neighborhood Plan outlines a redevelopment plan for the proposed urban revitalization area and supports the use of financial incentives to encourage redevelopment of the proposed urban revitalization area; and WHEREAS, the incentives created by Iowa Code Chapter 404 are necessary to preserve historic structures in the proposed urban revitalization area and to encourage non-residential commercial developments in the proposed urban revitalization area; and 295 -2 - WHEREAS, this Council has reasonable cause to believe that the area described above satisfies the eligibility criteria for designation as an urban revitalization area under Iowa law; and WHEREAS, Iowa Code §404.2 (1993) requires the City to prepare a revitalization plan for the proposed revitalization area; and WHEREAS, Iowa Code Chapter 404 requires the City Council to hold a public hearing on an urban revitalization plan for an urban revitalization project following notice to all owners of record of real property located in the proposed area and all tenants living in the proposed area, in accordance with Iowa Code §362.3 (1993); and WHEREAS, Iowa Code Chapter 404 further requires that, in addition to notice by publication, notification shall be given by ordinary mail to the last known address of the owners of record and to the "occupants" of city addresses located within the proposed area by the thirtieth day prior to the public hearing; and WHEREAS, the only reasonably current and complete list for City addresses located within the proposed area is contained in R.L. Polk Company's City Directory. NOW, THEREFORE, BE IT RESOLVE_ D BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The facts stated above in the preamble are a true and correct statement of the conditions in the proposed Near Southside Commercial Urban Revitalization Area and the necessity for its designation as an urban revitalization area. 2. The proposed Near Southside Commercial Urban Revitalization area legally described above is an eligible urban revitalization area under the criteria of Iowa Code §404.1 (1993). 3. The rehabilitation, conservation, redevelopment, or economic development or a combination thereof of Near Southside Commercial Urban Revitalization Area is necessary in the interests of the public health, safety, or welfare of the residents of the City of Iowa City, Iowa. 4. The City staff is hereby authorized and directed to prepare a proposed Urban Revitalization Plan for the Near Southside Commercial Urban Revitalization Area and to place a copy thereof on file in the office of the City Clerk by no later than September 20, 1994. 5. The City Council will hold a public hearing on the proposed Near Southside Commercial Urban Revitalization Plan at its meeting on October 25, 1994, which begins at 7:30 p.m., in the Council Chambers, Civic Center, 410 East Washington St., Iowa City, Iowa. 6. The City Clerk is authorized and directed to publish the attached notice of the public hearing in the Iowa City Press -Citizen, once, on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing. 295 -3- 7. The City staff is hereby authorized and directed to give notice of the public hearing by ordinary mail to all record property owners and City address occupants located within the proposed Near Southside Commercial Urban Revitalization Area, except that the requirement for notice by ordinary mail to an occupant of a City address within said area is waived to the extent that an occupant's address is not accurately stated in R.L. Polk's City Directory. It was moved by ThroQmorton and seconded by r; Rnrr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT X X X X Passed and approved this 13th ATTEST: 2��,,) -W-, �f�� CITY CLERK eccdWnssurban.ms Baker Horowitz Kubby Lehman Novick Pigott Throgmorton day of September , 1994. Z95 NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED NEAR SOUTH - SIDE COMMERCIAL URBAN REVITALIZATION PLAN FOR AN URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which begins at 7:30 p.m. on October 25, 1994, in the Council Chambers, Civic Center, Iowa City, Iowa, to consider adoption of a proposed Near Southside Commercial Urban Revitalization Plan (the "Plan") concerning a proposed Urban Revitalization Area in Iowa City, Iowa, legally described as: Block 102 and 103 of Original Town; O.L. 24 of S.J. Johnson Subdivision; Block 2, Berryhill and Pierce Addition; the east 170 feet of Block 101, Original Town; the east 25 feet of the north 130 feet of the west 150 feet of Block 101, Original Town; Lots 2-8, Block 5, Lyon's First Addition; the west 91.70 feet of Lot 1, Block 19, County Seat Addition and all of Lots 2, 3, and 4 east of Ralston Creek, Block 20, County Seat Addition. The adoption of this proposed Urban Revitalization Plan and the subsequent designation of this area as an Urban Revitalization Area will permit property tax exemptions on the value added to properties qualified for improvements. A copy of the Plan is on file for public inspection in the office of the City Clerk, Civic Center, Iowa City, Iowa. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 404.2 of the 1993 State Code of Iowa. MARIAN K. KARR, CITY CLERK ecodWnrsthsd.nch 255 RESOLUTION NO. 94-296 RESOLUTION DETERMINING NECESSITY AND SETTING A PUBLIC HEARING FOR OCTOBER 25, 1994, ON A PROPOSED NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION PLAN FOR A PROPOSED URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. WHEREAS, pursuant to Iowa Code Chapter 404, the City Council may, by ordinance, designate an area of the city as an urban revitalization area for the purpose of granting property tax exemptions for improvements to properties; and WHEREAS, the proposed Urban Revitalization Area includes and consists of the area described as: County Seat Addition, all of Block 1; Block 19, Lots 1-4, except for the west 91.70 feet of Lot 1; Block 8, Lots 5, 6, 7, and the west 60 feet of the south 53.5 feet of Lot 4; all of Block 9; all of Block 20 lying north and west of Ralston Creek; all of Block 12; and Block 11, Lots 1, 7, and 8, the west 100 feet of Lot 6, and the north 40 feet of Lot 2. WHEREAS, the City Council must follow the statutory criteria set forth in Iowa Code Chapter 404 when designating an area as an urban revitalization area. This procedure includes adoption of a resolution finding that the rehabilitation, conservation, redevelopment, economic development, or a combination thereof of the area is necessary in the interests of the public health, safety, or welfare of the residents of the City and the area meets the criteria of §404.1, 1993 Code of Iowa; and WHEREAS, Iowa Code §404.1 (1993) provides that the City Council may designate an area of the City as a revitalization area, if that area is: "An area which is appropriate as an economic development area as defined in Section 403.17." WHEREAS, Iowa Code §403.17 (1993) defines an economic development area as the following: "An area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing" WHEREAS, the Near Southside (NSS) Neighborhood Plan outlines a redevelopment plan for the proposed urban revitalization area and supports the use of financial incentives to encourage redevelopment of the proposed urban revitalization area; and WHEREAS, the incentives created by Iowa Code Chapter 404 are necessary to preserve historic structures in the proposed urban revitalization. area and to encourage low and moderate -income housing in the proposed urban revitalization area ; and 25(0 -2 - WHEREAS, this Council has reasonable cause to believe that the area described above satisfies the eligibility criteria for designation as an urban revitalization area under Iowa law; and WHEREAS, Iowa Code §404.2 (1993) requires the City to prepare a revitalization plan for the proposed revitalization area; and WHEREAS, Iowa Code Chapter 404 requires the City Council to hold a public hearing on an urban revitalization plan for an urban revitalization project following notice to all owners of record of real property located in the proposed area and all tenants living in the proposed area, in accordance with Iowa Code §362.3 (1993); and WHEREAS, Iowa Code Chapter 404 further requires that, in addition to notice by publication, notification shall be given by ordinary mail to the last known address of the owners of record and to the "occupants' of city addresses located within the proposed area by the thirtieth day prior to the public hearing; and WHEREAS, the only reasonably current and complete list for City addresses located within the proposed area is contained in R.L. Polk Company's City Directory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The facts stated above in the preamble are a true and correct statement of the conditions in the proposed Near Southside Residential Urban Revitalization Area and the. necessity for its designation as an urban revitalization area. 2. The proposed Near Southside Residential Urban Revitalization area legally described above is an eligible urban revitalization area under the criteria of Iowa Code §404.1 (1993). 3. The rehabilitation, conservation, redevelopment, or economic development or a combination thereof of Near Southside Residential Urban Revitalization Area is necessary in the interests of the public health, safety, or welfare of the residents of the City of Iowa City, Iowa. 4. The City staff is hereby authorized and directed to prepare a proposed Urban Revitalization Plan for the Near Southside Residential Urban Revitalization Area and to place a copy thereof on file in the office of the City Clerk by no later than September 20, 1994. 5. The City Council will hold a public hearing on the proposed Near Southside Residential Urban Revitalization Plan at its meeting on October 25, 1994, which begins at 7:30 p.m., in the Council Chambers, Civic Center, 410 East Washington St., Iowa City, Iowa. 6. The City Clerk is authorized and directed to publish the attached notice of the public hearing in the Iowa City Press -Citizen, once, on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing. Z9(a -3 - The City staff is hereby authorized and directed to give notice of the public hearing by ordinary mail to all record property owners and City address occupants located within the proposed Near Southside Residential Urban Revitalization Area, except that the requirement for notice by ordinary mail to an occupant of a City address within said area is waived to the extent that an occupant's address is not accurately stated in R.L. Polk's City Directory. It was moved by zhrogmorton and seconded by Pigott the Resolution be adopted, and upon roll call there were: , AYES: X X X X X NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 13th day of a pramhar , 1994. ATTEST: ---ti J ClCLERK ecodevtresidens.res MAYOR ipprove b ttomey' . i Zq,(a NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALI- ZATION PLAN FOR A PROPOSED URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which begins at 7:30 p.m. on October 25, 1994, in the Council Chambers, Civic Center, Iowa City, Iowa, to consider adoption of a proposed Near Southside Residential Urban Revitalization Plan (the "Plan") concerning a proposed Urban Revitalization Area in Iowa City, Iowa, legally described as: County Seat Addition, all of Block 1; Block 19, Lots 1-4, except for the west 91.70 feet of Lot 1; Block 9, Lots 5, 6, 7, and the west 60 feet of the south 53.5 feet of Lot 4; all of Block 9; all of Block 20 lying north and west of Ralston Creek; all of Block 12; and Block 11, Lots 1, 7, and S, the west 100 feet of Lot 6, and the north 40 feet of Lot 2. The adoption of this proposed Urban Revitalization Plan and the subsequent designation of this area as an Urban Revitalization Area will permit property tax exemptions on the value added to properties qualified for improvements. A copy of the Plan is on file for public inspection in the office of the City Clerk, Civic Center, Iowa City, Iowa. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 404.2 of the 1993 State Code of Iowa. MARIAN K. KARR, CITY CLERK eeodWssrmzd.ncn 29/0 %. -1�3k. RESOLUTION NO. 94-297 RESOLUTION SETTING A PUBLIC HEARING FOR SEPTEMBER 27, 1994 ON AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES & PENALTIES" OF THE CITY CODE, TO INCREASE FEES FOR HOURLY PARKING IN THE DUBUQUE STREET PARKING RAMP. WHEREAS, the City of Iowa City is considering increasing hourly parking fees in the Dubuque Street parking ramp from $.45 per hour to $.50 per hour, in order to increase operating revenues needed in the Parking and Transit Department; and WHEREAS, it is in the public interest to have a public hearing on the proposed increases, to inform the public and receive public input. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. A public hearing on the proposed ordinance amending hourly parking fees for the Dubuque Street Ramp in Iowa City, Iowa is set for September 27, 1994 at 7:30 p.m. in the Council Chambers at the Civic Center, 410 E. Washington Street, Iowa City, IA. 2. The City Clerk is hereby authorized to publish notice of this hearing, as required by law. Passed and approved this 13th day of September 1994• O 7R'1 , �/ // Approved by ,J ATTEST: 2?,al 7f . 7f�Lr� CITY CLERK Pity Attorney's Office n:\Ing\prkgfee.res 2Gq Resolution No. 94-297 Page 2 It was moved by Throemorton and seconded by Pigott the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT. X Baker X Horowitz Kubby _x- x_ Lehman g Novick g Pigott Throgmorton 2q `1 Pe-- -1�sK RESOLUTION NO. 94-298 RESOLUTION SETTING A PUBLIC HEARING FOR SEPTEMBER 27, 1994, ON AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE MONTHLY PARKING PERMIT FEES IN IOWA CITY, IOWA. WHEREAS, the City of Iowa City is considering increasing monthly parking permits in outlying parking lots from $35.00 per month to $40.00 per month, increasing monthly parking permits in the Dubuque Street ramp and the Linn Street parking lot from $45.00 per month to $50.00 per month, and increasing the monthly parking permits in the Capitol Street ramp from $55.00 per month to $60.00 per month; and WHEREAS, it is in the public interest to have a public hearing on the proposed increases, to inform the public and receive public input. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing on the proposed ordinance amending the monthly parking permits in all Iowa City parking ramps and parking lots in Iowa City, Iowa, is hereby set for September 27, 1994, at 7:30 p.m. in the Council Chambers, located at the Civic Center, 410 E. Washington Street, Iowa City, Iowa. 2. The City Clerk is hereby authorized to publish notice of this hearing, as required by law. Passed and approved this 13th day of September , 1994. M KYOR Approved by ATTEST: CLERK 7T • (C/ �y CITY TY CCLERK ity Attorney's Office �x9� It was moved by Thrngmo nn and seconded by Pigott the Resolution be adopted, and upon roll call there were: nAprkglees.res AYES: NAYS: ABSENT: x Baker x Horowitz R Kubby g Lehman % Novick X Pigott Throgmorton 2 T RESOLUTION NO. 94_?qq RESOLUTION ACCEPTING THE WORK FOR THE IOWA AVENUE SENIOR CENTER PARKING LOT RETAINING WALL AND RAIL IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa Avenue Senior Center Parking Lot Retaining Wall and Rail Improvement Project as included in a contract between the City of Iowa City and All American Concrete, Inc. of North Liberty, Iowa, dated June 22, 1994, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 13th day of September 1994 I( // 11 o � _ MAYOR Approved by ATTEST:_o CIT LERK ity Attorney's Office It was moved by Thrngmnrtnn and seconded by Pigott the Resolution be adopted, and upon roll call there were: pweng\srctr2aes AYES: NAYS: ABSENT: X Baker -T-- Horowitz x Kubby R Lehman g Novick g Pigott X Throgmorton 299 RESOLUTION NO. 94-300 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE AND PROMIS- SORY NOTE EXECUTED FOR PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA. WHEREAS, on October 23, 1991, the property owner of 410 Iowa Avenue, Iowa City, Iowa, executed a Mortgage and a Promissory Note in the amount of $14,983.65 for a no interest rehabilitation loan through the Community Development Block Grant (CDBG) Program; and WHEREAS, said Mortgage and Promissory Note created a lien against the subject property; and WHEREAS, on June 22, 1994, under the terms of the Mortgage and Promissory Note, $2,500 of the original sum of $14,983.65 has been forgiven, leaving an existing principal balance of $12,483.65; and WHEREAS, a new Mortgage and Promissory Note in the amount of $12,483.65 was signed by the owner on September 7, 1994. 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 affected property from an obligation of the property owner at 410 Iowa Avenue to pay to the City the principal amount of $14,983.65, which obligation was recorded in Book 1303, Pages 272 through 277, respectively, of the Johnson County Recorder's Office. It was moved by Throemorton and seconded by v;gorr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Courtney X Horowitz X Kubby X McDonald X Novick x Pigott X Throgmorton Passed and approved this 1 qrh day of Gppt pmhpr , 1994. ATTEST: J CIT CLERK ppdrehab%41 Oiowa.res Approved by City Attorn 's Office RELEASE OF LIEN The City of Iowa City does hereby release the property at 410 Iowa Avenue, Iowa City, Iowa, legally described as follows: Lot 6, Block 45, Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the property owner to the City of Iowa City in the principal amount of $14,983.65 represented by a Mortgage and a Promissory Note recorded in the Office of the Johnson County Recorder on October 23, 1991, in Book 1303, Pages 272 through 277. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. Attest:J 7{'. City -Clerk STATE OF IOWA ) SS: JOHNSON COUNTY ) CITY OF IOWA CITY By: A.t Mayor Approved by: � Y'251 City Attorney' Office On this 13{h' day of so� 6er 19 before me, S raves a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. 9F 3�o passed by the City Council, on the 1344— day of 19 , and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Sc;-�� Notary Public in and for the State of Iowa ppdrehab1410iowa.re1 E (�-5 "i3/,/- RESOLUTION NO. 94-301 RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPART- MENT OF TRANSPORTATION FOR A GRANT UNDER SECTION 9 OF THE FEDERAL TRANSIT ACT, AS AMENDED, TO BE USED FOR TRANSIT OPERATING ASSISTANCE FUNDING. WHEREAS, the City of Iowa City operates a municipal transit system; and WHEREAS, Section 9 of the Federal Transit Act authorizes the Secretary of Transportation to provide grants for mass transportation projects; and WHEREAS, if the City receives a grant from the U.S. Department of Transportation, the contract for financial assistance will impose certain obligations upon the City, including the obligation to provide the local share of projects costs; and WHEREAS, pursuant to the provisions of Title VI of the Civil Rights Act of 1964, the Department of Transportation, in conjunction with the filing of applications for assistance under the Federal Transit Act, as amended, requires an applicant to provide assurances that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation's requirements under the Federal Transit Act; and WHEREAS, it is the City's goal to utilize minority business enterprise to the fullest extent possible in conjunction with this project, and to establish and administer definitive procedures to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when the City procures construction contracts, supplies, equipment contracts, consultants or other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to execute and file an application with the U.S. Department of Transportation, on behalf of the City of Iowa City, to aid in financing the City's transit operations pursuant to Section 9 of the Federal Transit Act, as amended. 2. The City Manager is authorized to execute and file with said application the required assurances and any other documents required by the U.S. Department of Transportation to satisfy the requirements of Title VI of the Civil Rights Act of 1964. 3. The City Manager, or the Johnson County Council of Governments (JCCOG) - Transportation Planning Division (Transportation Planner or Assistant Transportation Planner) acting as the City Manager's representative, are authorized to furnish such additional information required by the Department of Transportation in connection with said application. 4. The City Manager is authorized to develop and execute affirmative minority business policies with respect to the project and the project's procurement needs. 3o ( Resolution No.g4-,ini Page 2 5. The City Manager is authorized to execute grant agreements with the U.S. Department of Transportation, on behalf of the City of Iowa City, for aid in financing transit operations and capital improvements. 6. Upon approval of the grant application, the grant agreements may be sent directly to JCCOG. Passed and approved this 13th day of September , 1994. ATTEST: //lan i - CIT CLERK < ti MAYOR Approved by City Attorney's Of It was moved by Throgmorton and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: X X X Y x X X jccogtpVy95ftaU owa. res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 3b I RESOLUTION NO.a4�— RESOLUTION APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY REGARDING ANNEXATION AND EXTRATERRITORIAL REVIEW OF SUBDIVISION PLATS. WHEREAS, the Cities of Coralville and Iowa City have established long-range growth areas which are mutually exclusive; and WHEREAS, the Cities of Coralville and Iowa City have used sewer service area as a principal criterion for the establishment of said long-range growth areas; and __ WHEREAS, Section 354.9 of the Code of Iowa (1993) establishes the rights of cities to review subdivision plats within two miles of their corporate limits; and WHEREAS, said section states that cities shall establish reasonable standards and conditions for review of subdivisions within overlapping two mile areas of extraterritorial jurisdiction via agreements pursuant to Iowa Code Chapter 28E (1993). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1 . The Mayor and City Clerk are hereby authorized to execute the Iowa Code Chapter 28E Agreement with the City of Coralville which is attached hereto and incorporated by this reference. Said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to record a certified copy of this Resolution, with the executed Agreement attached, in the Johnson County Recorder's Office and to file a copy of the Resolution and Agreement with the Secretary of State, as required by Chapter 28E, Code of Iowa (1993). The Clerk is directed to request a copy of the returned recorded document for the permanent file maintained by the City Clerk. Passed and approved this 13th day of September , 1994. ATTEST: CITY—CLERK jccogadm\28ECoral.res 5 3az .a, Resolution No. 94 -in? - . Page 2 It was moved by tv,,"i'1. and seconded by r the Resolution be adopted, and upon roll- call there were: . AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 3C) Z' RESOLUTION NO. Q /i-/6 �o RESOLUTION APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY REGARDING ANNEXATION AND EXTRATERRITORIAL REVIEW OF SUBDIVISION PLATS. WHEREAS, the Cities of Coralville and Iowa City have established long-range growth areas which are mutually exclusive; and WHEREAS, the Cities of Coralville and Iowa City have used sewer service area as a principal criterion for the establishment of said long-range growth areas; and WHEREAS, Section 354.9 of the Code of Iowa (1993) establishes the rights of cities to review subdivision plats within two miles of their corporate limits; and WHEREAS, said section states that cities shall establish reasonable standards and conditions for review of subdivisions within overlapping two mile areas of extraterritorial jurisdiction via agreements pursuant to Iowa Code Chapter 28E (1993). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORALVILLE, IOWA, that: 1 . The Mayor and City Clerk are hereby authorized to execute the Iowa Code Chapter 28E Agreement with the City of Iowa City which is attached hereto and incorporated by this reference. Said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Coralville, Iowa. E Passed The City Clerk is hereby authorized to record a certified copy of this Resolution, with the executed Agreement attached, in the Johnson County Recorder's Office and to file a copy of the Resolution and Agreement with the Secretary of State, as required by Chapter 28E, Code of Iowa (1993). The Clerk is directed to request a copy of the returned recorded document for the perm5ng6t file maintained by the City Clerk. ATTEST: CITY It was moved by`3 c'� and seconded by / i.r� �K the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: i/ Fausett ri Gill ✓ Herwig Lundell Potter jccogadm\28Eagt.res 3oZ )w 28E Agreement Between the City of Coralville and the City of Iowa City Providing for Future Annexations and Extraterritorial Review of Subdivision Plats This agreement is entered into pursuant to Chapter 28E, Code of Iowa (1993) by the City of Coralville, Iowa, hereinafter referred to as "Coralville," and the City of Iowa City, Iowa, hereinafter referred to as "Iowa City." WHEREAS, Coralville and Iowa City each have adopted long-range growth areas which are mutually exclusive; and WHEREAS, Section 354.9 of the Code of Iowa (1993) establishes the rights of cities to review subdivision plats within two miles of their corporate limits; and WHEREAS, paragraph 3 of 354.9 Code of Iowa (1993), pertains specifically to overlapping areas of review between cities, and states that cities shall establish reasonable standards and conditions for review of subdivisions within overlapping two mile areas of extraterritorial review via agreements pursuant to Iowa Code Chapter 28E (1993); and WHEREAS, it is in the best interests of the citizens of both communities to enter into such an agreement. NOW, THEREFORE, in consideration of mutual covenants and agreements set forth herein, Coralville and Iowa City agree as follows: 1. Coralville and Iowa City shall each retain exclusive review privileges for subdivisions proposed outside of each community's corporate limits but within each community's respective long-range growth area, as shown in the attached Figure 1 . 2. When the area designated on the attached Figure 1 as "Iowa City severing/Coralville annexation area" is developed so as to require municipal sanitary sewer, it shall be considered for severance by Iowa City and annexation by Coralville. 3. Within the area designated as Area A on the attached Figure 1, Coralville and Iowa City shall divide and assign review authority for subdivisions based on the dotted line which is the sanitary sewer service area line. Subdivisions to the west of the dotted line shall be reviewed exclusively by the City of Coralville; subdivisions to the east of the dotted line shall be reviewed exclusively by Iowa City. The only exception to this assignment of exclusive review authority shall be the property owned by the River Products Company or its successors east of the dotted line, for which Coralville and Iowa City shall have joint review authority within Area A. 4. Within the area designated as Area B on the attached Figure 1, a line shall be drawn as indicated, dividing Area B into north and south halves. The northern portion of Area B shall be reviewed exclusively by the City of Coralville. The southern portion of Area B, including any overlapping subdivisions, shall be under the review authority of both 3DZ Iowa City and Coralville, except for the small portion south of the dotted line which is the sewer service area line. This area shall be reviewed exclusively by Iowa City. 5. This agreement shall remain effective unless and until any subject property is annexed by either Coralville or Iowa City, or until the agreement is cancelled or modified by joint agreement of the Coralville City Council and the Iowa City City Council. 6. This agreement shall be recorded in the Johnson County Recorder's Office and the Secretary of State's office as provided by Chapter 28E, Code of Iowa (1993), with each party sharing one-half of the recording costs. Executed with approval and on behalf of the City of Coralville and the City of Iowa City this Q2 day of 1994. Mayor OF dORALVILLE-' CITY OF IOWA CITY Mayor ATTEST: -01-4 Q ATTEST: /�, J City Clerk City Clerk ,5e1by orney' ce IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this i 3+k day of S .L"c '19 a- , before me, &-,I- — ' a Notary Public in and forTthe State of Iowa, personally appeared Susan M. Horowitz 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 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 (9ccliraaace) (Resolution) No. 9-f-- 3o Z. passed by the City Council, on the 13+k day of S , 19and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 3oz 3 CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA 1 ss: JOHNSON COUNTY 1 n this M+ti day of 19 , before me,� �P\\ek Notary Public in and for the State of Iowa, perso ally appeared Allan Axeen and Arlys Hannam, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Coralville, 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. passed by the City Council, on the day of 19 and that Allan Axeen and Arlys Hannam acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa NOS�i\ veq��vec1. COVhv�nlSS\ov� jccoBatlmlexVevw.agi %y NOWN I ii L I CorolriLee Growthth Ana t �I I 1 Figure 1 Coralville- Iowa City annexation agreement rl, Existing Two Mila Ex t to lerrimrinl larisdietion Area Iowa City Long Mang. Growth Also T / 1�ti '� Tra Mib [itrmori tarial — _ a" top JCCOG RESOLUTION NO. 94-10*1 RESOLUTION CERTIFYING TO THE TREASURER OF STATE THE ACTUAL POPULATION OF ANNEXED TERRITORY GENERALLY KNOWN AS SYCAMORE FARMS, LOCATED SOUTH OF HIGHWAY 6 AND THE SOUTHERN CORPORATE LIMITS. WHEREAS, on November 12, 1992, Sycamore Farms Company, Inc. submitted an application to the City of Iowa City to voluntarily annex a 422 acre tract of land located south of Highway 6 and the southern Corporate Limits; and WHEREAS, on February 15, 1994, via Resolution No. 94-42, the City Council approved this voluntary annexation application; and WHEREAS, in an order dated August 11, 1994, the City Development Board for the State of Iowa approved the application to voluntarily annex this 422 acre parcel; and WHEREAS, in conformance with Iowa Code §312.3, ¶4, the Mayor and City Council must certify to the Treasurer of the State the actual population of the annexed territory as determined by the last certified Federal Census of said territory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: According to the 1990 Federal Census, the population of the following -described annexed land is thirty-two (32): The west one-half of the Southeast Quarter of Section 24, except the east 660.05 feet thereof, lying south of Highway 6 and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6 and the west one-half of the Northeast Quarter of Section 25 except the East 660.05 feet thereof, and the Northwest Quarter of Section 25 and the North Half of the Southwest Quarter of Section 25 and the Southwest Quarter of the Southwest Quarter of Section 25 and the East Half of the Southeast Quarter and the south 16.50 feet of the Southeast Quarter of the Northeast Quarter of Section 26, except the 1.156 Acre property described in Book 992, Page 820 of the Johnson County Recorder's records. All in Township 79 North, Range 6 West of the Fifth Principal Meridian. The above- described tract contains 422 Acres, more or less. 2. The City Clerk is hereby authorized and directed to certify and file the necessary documents with the Treasurer of State as required by Iowa Code §312.3, ¶4. Passed and approved this 13th day of September , 1994. ATTEST: 7A if • 9��j CITY CLERK ppdadmNsyd2M.res -N 303 Resolution No. 94-303 Page 2 It was moved by K..hht and seconded by T.ohm, the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott Throgmorton 303 i biz- WHEREAS, « RESOLUTION NO. 94-304 RESOLUTION CERTIFYING TO THE TREASURER OF STATE THE ACTUAL POPULATION OF ANNEXED TERRITORY GENERALLY KNOWN AS A PORTION OF SOUTHWEST ESTATES, LOCATED SOUTH OF THE SOUTHERN CORPORATE LIMITS, NORTH OF ROHRET ROAD AND EAST OF SLOTHOWER ROAD. WHEREAS, on March 30, 1994, Dean Oakes Construction Company and Hodge Development Company submitted an application to the City of Iowa City to voluntarily annex an 18.6 acre tract of land located south of the southern corporate limits, north of Rohret Road and east of Slothower Road. WHEREAS, on June 14, 1994, via Resolution No. 94-208, the City Council approved this voluntary annexation application; and WHEREAS, in conformance with Iowa Code §312.3, ¶4, the Mayor and City Council must certify to the Treasurer of the State the actual population of the annexed territory as determined by the last certified Federal Census of said territory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. According to the 1990 Federal Census, the population of the following -described annexed land is zero (0): Commencing at the Northeast Corner of Section 24, Township 79 North, Range 7 West of the 5th Principal Meridian; Thence S89°48'43"W, on the North line of said Section 24, a distance of 952.34 feet to the Centerline of a County Road, also being the Point of Beginning; Thence S66054'25"W, 51.72 feet on said Centerline; Thence S66036'52"W, 52.57 feet on said Centerline; Thence S60103'01"W, 88.13 feet on said Centerline; Thence S59°32'48"W, 172.96 feet on said Centerline; Thence S59°20'00"W, 926.42 feet on said Centerline; Thence S59020'47"W, 653.90 feet on said Centerline to the West line of the Northeast Quarter of said Section 24; Thence N00042'23"W, 973.23 feet on the West line of the Northeast Quarter of said Section 24 to the North Quarter Corner of said Section 24; Thence N89048'43"E, 1692.69 feet on the North line of said Section 24 to the Point of Beginning. Said tract of land containing 18.60 acres. 2. The City Clerk is hereby authorized and directed to certify and file the necessary documents with the Treasurer of State as required by Iowa Code §312.3, ¶4. Passed and approved this 13th day of September , 1994. ATTEST: �a_.,J CITY CLERK ppdadmiMsmstate.,es i 3cf Resolution No. 94-304 Page 2 It was moved byyig�rr and seconded by u„ bhy the Resolution be adopted, and upon roll• call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton 3a�4 11 i�5 _-�' tZ RESOLUTION NO. 94-305 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FY95 CELL CONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE 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% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the -Civic Center, until 10:30 a.m. on the 29th day of September, 1994. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 a.m. on the 30th day of September, 1994, or at such later time and place as may then be fixed. Passed and approved this 13th day of September , 1994. , AYOR Approved by ATTEST:A_-,_,-J ' 4./_' CI CLERK OC ty Attorney's Office pweng\cellcnst.res 3a5 Resolution No. q4 -ns. Page z It was moved by T, hmnn and seconded by K„hhv the Resolution be adopted, and upon rolIr call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick K ' Pigott x Throgmorton MO RESOLUTION NO. 94-306 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, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following - named persons and firms to sell cigarettes: Cub Foods - 855 Hay 1 West FA It was moved by Lehman and seconded by Throgmortonthe Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott Throgmorton Passed and approved this 27th day of September , 19 94 ATTEST: 7c. f;O. CITY CLERK clerk%cigpermt.res o i �.,/ wei w I Tn. E rg Approved by O ,s ity Attorney's Office 306 1 ptzs 6� RESOLUTION NO. 94-307 RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 1994. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial Report for City Streets and Parking reportfor the period beginning July 1, 1993, through June 30, 1994, be approved. Passed and approved this 27th day of September , 1994. ,/ ' XyAt d byATTEST: 2 � 7CITY CLERK orneys ice It was moved by Lehman and seconded by ThroQmorton the Resolution! be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Baker X Horowitz X Kubby X Lehman X Novick v Pigott x Throgmorton finadm\stprkmp.res 3b7 �xU® RESOLUTION NO. 94-308 CONSIDER RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AND AGREEMENT FOR USE OF PUBLIC PROPERTY BY AND BETWEEN FRANCIS H., FRANCES C. AND DAVID J. PANTHER FOR THE PLACEMENT OF A WHEELCHAIR - ACCESSIBLE RAMP ON THE NORTH LINN STREET RIGHT-OF-WAY. WHEREAS, Francis H., Frances and Dave Panther are owners of certain real estate located at 214 N. Linn Street, Iowa City, Iowa, hereafter "Owners," and legally described as follows: The west seventy (70) feet of the north twenty-five (25) feet of Lot Five (5) in Block Fifty -Eight (58) in Iowa City, Iowa, according to the recorded plat thereof. Also a right-of-way over the east ten (10) feet of the north twenty-five (25) feet of said Lot Five (5) in Block Fifty -Eight (58), Iowa City, Iowa. WHEREAS, owners operate a restaurant, Hamburg Inn No. 2, on the above-described property and the restaurant is a public accommodation to which access for persons with disabilities should be provided; and WHEREAS, Owners seek City approval to construct a wheelchair -accessible ramp on the North Linn Street right-of-way; and WHEREAS, the Department of Public Works finds the construction of the wheelchair - accessible ramp to be a minimal intrusion onto the public right-of-way, and also finds that traffic will not be materially impeded; and WHEREAS, the City agrees to allow use of the North Linn Street right-of-way as a valid public purpose in order that the public accommodation at 214 North Linn Street may be made accessible to persons with disabilities, subject to the terms and conditions stated in the attached Agreement for Use of Public Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . The Agreement for Use of Public Property attached hereto is approved as to form and content. 2. The Mayor is authorized to execute and the City Clerk to attest the Agreement for Use of Public Property for and on behalf of the City of Iowa City. Passed and approved this 27th day of September , 1994. ATTEST: CI�K nAegaRramp.ms 30,� Resolution No. 94 -308. - Page 2 It was moved by Lehman and seconded by Throgmorton the Resolution be adopted, and upon ro* call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton 3b 9' AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY This Agreement is made by and between Francis H., Frances C. and David J. Panther, hereinafter referred to as "Owner," and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." WHEREAS, Owner is the fee owner of certain real estate located at 214 North Linn Street, Iowa City, Iowa, and legally described as follows: The west seventy (70) feet of the north twenty-five (25) feet of Lot Five (5) in Block Fifty -Eight (58) in Iowa City, Iowa, according to the recorded plat thereof. Also a right-of-way over the east ten (10) feet of the north twenty-five (25) feet of said Lot Five (5) in Block Fifty -Eight (58), Iowa City, Iowa. WHEREAS, owners operate a restaurant, Hamburg Inn No. 2, on the above-described property and the restaurant is a public accommodation to which access for persons with disabilities should be provided; and WHEREAS, Owners seek City approval to construct a wheelchair -accessible ramp on the North Linn Street right-of-way; and WHEREAS, the Department of Public Works finds the construction of the wheelchair - accessible ramp to be a minimal intrusion onto,the public right-of-way, and also finds that traffic will not be materially impeded; and WHEREAS, the City agrees to allow use of the North Linn Street right-of-way as a valid public purpose in order that the public accommodation at 214 North Linn Street may be made accessible to persons with disabilities, subject to the terms and conditions stated herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISE SET FORTH BELOW, IT IS AGREED AS FOLLOWS: 1. Owner shall be allowed to install, operate, and maintain a wheelchair -accessible ramp on City property abutting 214 North Linn Street as shown on the attached sketch marked Attachment A and approved by the City Engineering Division. 2. Owner agrees to remove the wheelchair -accessible ramp from the North Linn Street right-of-way when any one of the following events occurs: a. Within 30 days after being ordered to do so by the City. b. The use of the propertys change and the wheelchair -accessible ramp is no longer needed. If Owner fails to remove the wheelchair -accessible ramp as required above, the City may remove it and the cost thereof shall be assessed against the property in the manner provided in Section 364.12(e), Iowa Code (1989). 3. Owner agrees to maintain the wheelchair -accessible ramp in good and reasonable repair so as to minimize danger. 3a S' 2 4. In the event the said wheelchair -accessible ramp is ever replaced for any reason, Owner agrees to replace it, subject to the approval of the Public Works Department. 5. Owner agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use, location, or repair of said wheelchair -accessible ramp, including any liability which the City may incur as a result of its decision to allow placement of said wheelchair -accessible ramp on the North Linn Street right-of-way. Owner is required and agrees to carry liability insurance, in minimum amounts of $500,000-51,dOO,000-5250,000 with contractual liability coverage included as part of such insurance, and shall furnish a copy of the policy, or a certificate of insurance for same, satisfactory to the City. Owner agrees to maintain such insurance in force until the wheelchair -accessible ramp is removed from City property, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. If the required insurance is not maintained, the City shall have the right to remove the wheelchair -accessible ramp following five (5) days prior written notice to the owners of the property. Cost of such removal shall be assessed against the property in the manner provided in Section 364.12(e), Code of Iowa (1989). 6. Owner acknowledges and agrees that no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right- of-way for private purposes; and that the City may order said wheelchair -accessible ramp removed at any time if, for any reason, the City Council determines that the property upon which the wheelchair -accessible ramp is located is needed for public use and/or should be cleared of any and all obstructions. 7. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties, except as set forth in Paragraph 2 above. Dated this day of 1994• CITY OF IOWA CITY 41 i Naomi J No ick, Mayor Pro Tem ATTEST:% rn�e� 7C 7Cw.ft� City -Clerk X 4b- ffice �r�z�9 C( MW --A-4M --Drla? r"N Pl� - -_-1- 'IV,, PaU1439:11V I 3 STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 2Z 4-6 — day ofe,.1,pr 19qu� , before me, a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor Pro tem 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 (Ard+aance) (Resolution) No. 94--3aB passed by the City Council, on the Zq '�� day of &, 6 L,r- , 1994- , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ��tA- Notary Public in and for the State of Iowa STATE OF IOWA 1 SS: JOHNSON COUNTY 1 * 19�, before me, the undersigned, a Notary On this � day of S�.>ke,.6er g Y Public in and for the State of Iowa, personally appeared r,-Frdnce". -Panth r,-aad David J. Panther, to me personally known, who being by me duly sworn, did say that#4a2tbepartnergof t.,„ "'�. 2 ,anIowaGeneralPartnership, and that the instrument was signed o behalf of the partnership by authority of the partners; and the partners acknowledge the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partners voluntarily executed. Notary Public in and for said County and State n:Uegahpanthenagt '..0b STATE OF IOWA 1 4 1 SS: JOHNSON COUNTY ) On this 41-h day of V LU , 19Q� , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Francis H. Panther, Frances C, Panther, to me personally known, who being by me duly sworn, did say that they are the partners ofy },urs _� A),. z , an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partners acknowledge the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partners voluntarily executed. aHEN�A K HEMS RES /Notary LQ/(P Public in and for said County and State John n:Uegenpanther.eat s!)7 761." RESOLUTION NO. 94-309 RESOLUTION ESTABLISHING A SENIOR CENTER COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND ESTABLISHING THE MEMBERSHIP, TERMS, DUTIES, POWERS AND AUTHORITY OF SAID COMMISSION. WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest that the City Council establish a Senior Center Commission for the City of Iowa City, Iowa, to serve as an advisory body to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: 1. There is hereby established for the City of Iowa City, Iowa, a Senior Center Commission. 2. The Senior Center Commission of the City of Iowa City, shall consist of nine (9) members, six (6) of whom are appointed by the City Council and three (3) of whom are appointed by the Johnson County Board of Supervisors. Six (6) members shall be qualified electors of the city, and three (3) members shall be qualified electors of Johnson County, and all shall serve without compensation except for reimbursable expenses. 3. The terms of office of each member shall be three (3) years commencing on January 1 of the year of appointment. 4. The City Manager of the City of Iowa City, Iowa, shall be authorized to take whatever administrative action is necessary to provide the staff assistance and information that is necessary to aid the Commission in the performance of its duties. 5. The Senior Center Commission shall serve in an advisory role to the City Council of the City of Iowa City, Iowa, with regards to the needs of the Senior Center, and shall make recommendations with regard to policies and programs of the Senior Center; shall join staff and other interested persons in seeking adequate financial resources for the operation of the Senior Center; shall encourage full participation by senior citizens in the programs of the Senior Center; shall ensure that the Senior Center is effectively integrated into the community and cooperates with organizations with common goals in meeting the needs of senior citizens; shall serve in an advocacy role with regard to the needs of senior citizens in the City of Iowa City, Iowa, and shall assist and give input to the City Manager in evaluation and hiring of personnel. 6. The Commission shall have power to make recommendations with regard to the allocation of space in the Senior Center to various agencies and organizations; to make recommendations with regard to the acceptance and utilization of gifts; to make recommendations with regard to policies, rules, ordinances and budgets which affect the programs and services of the Senior Center; to present an annual report of Senior Center activities and accomplishments to the City Council of the City of Iowa City, Iowa, and to implement the above recommendations unless otherwise mandated by the City Council. 7. The Senior Center Commission shall adopt a set of By -Laws, which they deem necessary and advisable for the conduct of the business of the Commission, subject to the Ordinances of the City of Iowa City, Iowa. The Chairperson of the Commission or a designated staff member shall prepare an agenda for all regular commission 30 Resolution No. 94-309 Page 2 meetings, and the agenda shall be sent to the Commission members and the media at least three (3) days prior to regular meetings. The minutes of all regular meetings shall be distributed to the Senior Center Commission and the Johnson County Board of Supervisors at least three (3) days prior to the next scheduled meeting of the Senior Center Commission. The City Manager and City Council shall receive copies of the approved minutes one week after the meeting at which the minutes were approved. 8. The Senior Center Commission shall be authorized to establish committees, and the By -Laws of the Commission shall outline their duties, composition and term. The Com- mission shall also be authorized to create and appoint advisory groups to make studies and to disseminate information on all of its activities and such groups shall serve without compensation. All resolutions and parts of resolutions in conflict with the provisions of this resolution are hereby repealed. 10. If any section, provision or part of the resolution shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the resolution as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 11. This resolution shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 27th day of September 1994. 22&2t_L l _2?'A MAY9R Pro(em Approved by ATTEST: /�/o X • 9Cu�_/ -OS e_�/� CITY CLERK City Attorney It was moved by T.ebman and seconded by Throgrorrnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker x Horowitz g Kubby g Lehman g Novick X Pigott Throgmorton derMsccomm.res 3c) RESOLUTION NO. aA-gin RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 166 ACRES OF CITY -OWNED PROPERTY KNOWN AS THE IOWA CITY SOUTH WASTEWATER TREATMENT PLANT SITE. WHEREAS, The City of Iowa City owns approximately 166 acres of land south of the City corporate limits known as the South Wastewater Treatment Plant site; and WHEREAS, the City of Iowa City has requested annexation of said site and adjoining piping and vehicle access tracts into the City of Iowa City, Iowa; and WHEREAS, these tracts are contiguous to the corporate limits of the City; and WHEREAS, pursuant to Iowa Code §368.7, notice for annexation was sent by certified mail to the Johnson County Board of Supervisors, the City of Hills, and the East Central Iowa Council of Governments; and WHEREAS, non of these entities have made comment on or objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The land described in Exhibit A, Exhibit B and Exhibit C shall be voluntarily annexed to the City of Iowa City, Iowa. 2. As required by Iowa Code § 368.7 (1993), the City Clerk is hereby directed to certify a copy of the Resolution and to file the Resolution, map and legal description of the above-described property with the Secretary of State, Johnson County Board of Supervisors, each affected public utility, and the State Department of Transportation. The City Clerk is further directed to record the Resolution, legal description and map with the Johnson County Recorder. Passed and approved this 27th day of September , 1994. ATTEST: 9i • W'4 +/ CITY CLERK ppdadmintswwater.ms ?-PSS M Resolution No. 94-310 Page 2 It was moved by ThroRmorton and seconded by Lehman the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick v Pigott x Throgmorton 3(D EXHIBIT A Treatment Plant Site The Northeast Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal Meridian, Johnson County, Iowa, which is more particularly described as follows: Beginning at a Standard Concrete Monument found at the Southeast Corner of the Northeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S88000'28"W, a recorded bearing along the South Line of said Northeast Quarter, 2615.31 feet, to an iron pin found at the Southwest Corner of said Northeast Quarter of Section 35; Thence N01 °58'07"W, 2651.36 feet, to an iron pin set; Thence N87051'35"E, 2631.59 feet, to a Standard Concrete Monument found at the Northeast Corner of said Northeast Quarter of Section 35; Thence S01 °37'05"E, 2658.22 feet, to the Point of Beginning. Said tract of land contains 159.89 acres, more or less, and is subject to easements and restrictions of record. EXHIBIT B Nursery Lane The northerly portion of the existing county road known as Nursery Lane, acquired in Fee Simple in the name of The City of Iowa City, for the purpose of construction of sewer improvements over and across said land and more particularly described as follows: Beginning at an iron pin found in the centerline of Nursery Lane, at the Southeast Comer of the Northwest Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence N88000'28"E, a recorded bearing along the North Line of the Southeast Quarter of said Section 35, 100.09 feet, to a point 100.00 feet normally distant east of the West Line of said Southeast Quarter; Thence S00056'39"E, 16.50 feet; Thence S88000'28"W, along a line parallel with and 16.50 foot normally distant southerly of the North Line of the Southwest Quarter of said Section 35, 1753.26 feet, to its intersection with the centerline of Sand Road; Thence northwesterly, 55.49 feet, along said centerline, on a 1189.77 foot radius curve, concave southwesterly, whose 55.48 foot chord bears N28050'35"W, to its intersection with the westerly projection of the North Right -of -Way line of said Nursery Lane; Thence N88000'28"E, along said Northerly Right -of -Way Line, 1678.55 feet, to its intersection with the East Line of the Northwest Quarter of said Section 35; Thence S01 °58'07"E, along said East Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 1.93 acres, more or less, and is subject to easements and restrictions of record. EXHIBIT C South Access Road Commencing at a found concrete monument at the Northeast Corner of the Southeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S88000'28"W (An Assumed Bearing), along the North Line of said Southeast Quarter, 1,214.75 feet, to the Point of Beginning; Thence S02004'36"E, 527.86 feet; Thence N53035'12"E, 36.33 feet; Thence S02004'36"E, 50.00 feet; Thence S53035'1 2"W, 36.33 feet; Thence S02°04'36"E, 41.18 feet; Thence S09039'32"E, 2057.00 feet, to a point on the South Line of the Southeast Quarter of said Section 35; Thence S87057'26"W, along said South Line, 66.59 feet; Thence N09039'32"W., 2052.54 feet; Thence NO2°04'36"W, 0.47 feet; Thence S38053'53"W, 45.75 feet; Thence S02004'36"W, 50.00 feet; Thence N38053'53"E, 45.75 feet; Thence NO2004'36"W, 573.051 feet, to a point on the North Line of said Southeast Quarter; Thence N88°00'28"E, along said North Line, 66.00 feet, to the Point of Beginning. Said tract of land contains 4.12 acres, more or less, and is subject to easements and restrictions of Record. ppdad m in\exh ibits. cd 3I� (M eeL RESOLUTION NO. 94-311 RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM STATEMENT AND BUDGET. WHEREAS, the City of Iowa City receives Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title 1 of the Housing and Community Development Act of 1974, as amended, and Title IX of the Affordable Housing Act of 1990; and WHEREAS, on April 26, 1994, the City of Iowa City adopted Resolution No. 94-123, authorizing filing of the 1994 CDBG Program Statement; and WHEREAS, with the closing out of the 1993 CDBG Program Year there is an additional $322,438 in Carryover and Program Income to be allocated; and WHEREAS, the addition of new projects requires an amendment to said 1994 CDBG Program Statement and Budget; and WHEREAS, it is an objective of the CDBG Program to address the needs of low and moderate income residents of Iowa City; and WHEREAS, on September 21, 1994, the Committee on Community Needs recommended approval of the revised budget, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . The amendment to the 1994 Community Development Block Grant Program Budget, as set forth in Exhibit A, is hereby authorized and approved. 2. The City Manager is hereby directed to file said amendment with the U.S. Department of Housing and Urban Development. Passed and approved this 27th day of September 1994. ATTEST: 2 CITY -CLERK ppdcdbg\cdbg94.res ry MAY?R Pr to oved by City Attorney Office 31( Resolution No. 94-311. Page 2 It was moved byx„�h and seconded by _ m _.qBFm _, the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker Horowitz g Kubby x Lehman X Novick N Pigott X Throgmorton 3 It EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET SUMMARY - 1994 PROGRAM YEAR Project CDBG Budget CDBG Budget Amended 7/19/94 Recomended 9/21/94 Acquisition GICHF/Bums - Affordable Mixed Income Multi -family Rental Housing $151,500 $151,500 Public Facilities and Improvements Neighborhood Centers of Johnson County - New Facility 151,000 151,000 Goodwill Rehab Phase V 51,000 51,000 Domestic Violence Intervention Program - Children's Area Development 15,500 15,500 GICHF - Landscaping 8,500 8,500 Iowa City Public Housing Authority - Landscaping 33,500 33,500 Youth Homes - Exterior Repair of Waterfront Drive Property 61,000 61,000 Public Services LIFE Skills, Inc. - Housing Support Program Coordinator 16,060 16,060 Mayor's Youth Employment Program - Youth Stipends 16,250 16,250 Hillcrest Family Services - Operational Costs Transitional Housing Program 17,300 17,300 Aid to Human Service Agencies 105,000 105,000 Rehabilitation Elderly Services Agency - Small Repair Program 16,500 16,500 City of Iowa City - Housing Rehab Program 244,000 403,159 City of Iowa City - Manufactured Housing Replacement 46,400 46,400 City of Iowa City - Manufactured Housing Fire Safety 11,250 11,250 Economic Development Institute for Social and Economic Development - Microenterprise Development 17,750 17,750 Relocation Assistance Townerest Relocation Program 0 139,054 Administration & Planning General Administration 115,000 121,925 Planning and Research 15,000 15,000 Unprogrammed Funds 37,490 54,790 TOTAL $1,130,000 $1,452,438 Sources of Funds 1994 CDBG Entitlement $ 969,000 $ 969,000 1993 Program Income - Housing Rehab 90,000 125,551 1993 Housing Rehab Carryover 0 123,608 1993 Other Program Income ($8,522) Carryover ($195,757) 41,000 204,279 1994 Estimated Program Income 30,000 30,000 TOTAL $1,130,000 $1,452,438 ppdcdbg\budg3umm.94 311 1� RESOLUTION NO. 94-312 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF THE 1994 CURB RAMPS PROJECT. WHEREAS, All American Concrete, Inc., of North Liberty, Iowa, has submitted the lowest responsible bid of $91,757.50 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Contract for the construction of the above-named Project is hereby awarded to All American Concrete, Inc. of North Liberty, Iowa, subject to the condition that awardee secures adequate performance and payment bonds, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the Contract for the construction of the above-named Project, subject to the condition that awardee secures adequate performance and payment bonds, insurance certificates, and contract compliance program statements. Passed and approved this 27th day of September , 1994. ATTEST: A ..) 9f CITY CLERK pweng\curbmp.ms MAYOR Pr terA A7'p-pro by y ttorney'Office -312 Resolution No. 94-312 . Page 2 It was moved by Lehman and seconded by Baker the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby -,-- Lehman x Novick x Pigott x Throgmorton 3/Z Council Member Kubby introduced the following Resolution hereinafter set out entitled "RESOLUTION AUTHORIZING THE RESTRUCTURING OF INVESTMENTS HELD UNDER REFUNDING TRUST AGREEMENT OF JANUARY 15, 1993," and moved its adoption. Council Member Throemorton seconded the motion to adopt. The roll was called and the following Directors voted: NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: 94-313 RESOLUTION AUTHORIZING THE RESTRUCTURING OF INVESTMENTS HELD UNDER REFUNDING TRUST AGREEMENT OF JANUARY 15, 1993 WHEREAS, the City Council of the City of Iowa City, Iowa has been advised that an opportunity exists under current market conditions to effect a restructuring of investments held in escrow pursuant to the Refunding Trust Agreement dated January 15, 1993, which secures the future payment of the City's Sewer Revenue Bonds, dated August 1, 1986, through the final redemption date of July 1, 1995; and WHEREAS, Article IV of the Refunding Trust Agreement provides that upon request of the City to the Trustee a restructuring may be made with respect to the investments held in escrow subject to the receipt of verification of cash flow sufficiency by a certified public accountant and an unqualified opinion of bond counsel to the effect that such action will not result in any of the Series 1993 Bonds becoming an arbitrage bond as the same is defined by Section 148(a) of the Internal Revenue Code of the United States. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: Section 1. The City Finance Director is authorized to take such action as may appear timely and necessary, including obtaining the necessary accounting and legal evaluations to request the Trustee to take the necessary action, and, subject to same, to take all action which he may deem necessary or appropriate to effect a restructuring of the escrow investments as described above, including authorization of the sale or redemption -2- AHLEES ODONEX DOHWEILEIL HAYNIE, SMITH & AMBEE, P.C. A�ORNeraAruw 0e5.oieo.10w. 313 of investments currently held and the purchase of replacement investments. Section 2. The Mayor the City Clerk are hereby directed and authorized to take any and all action and to execute such documents as shall be necessary to accomplish an escrow restructuring as described in the premises of this resolution. PASSED AND APPROVED this 27th day of September , 1994. ATTEST: Cit Clerk c10714036Rm.dm 1 - May r Fr e -3- AHLERS, COONEY, DORWEILER HAYNIE. SMITH & ALLBEE, P.C. AT RNErs Atuw DESMOINEs.iowA 3(3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) CIG -3 9/91 I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law'and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 27th day of September , 1994. SEAL City` Clerk, Iowa City, Iowa AHLEn COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. ATTORMET9 AT LAW DES MOIRE., IOWA ,313 RESOLUTION NO. 94-314 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF THE SOUTH SITE SOCCER FIELD AND WASTEWATER PIPELINE GRADING IMPROVEMENTS PROJECT. WHEREAS, Foley Construction, of Clinton, Iowa, has submitted the lowest responsible bid of $489,599.50 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Contract for the construction of the above-named Project is hereby awarded to Foley Construction of Clinton, Iowa, subject to the condition that awardee secures adequate performance and payment bonds, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the Contract for the construction of the above-named Project, subject to the condition that awardee secures adequate performance and payment bonds, insurance certificates, and contract compliance program statements. Passed and approved this 27th day of September , 1994, ATTEST:, J 9{'. �{��.✓ CITY -CLERK parksrec\ss-socce.res 'i p . . . i *C' Lice � 1/f t 3/� Resolution No. 94-314. Page 2 It was moved by xubby and seconded by Throemorton the Resolution be adopted, and upon roM call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby X Lehman Novick x Pigott x Throgmorton #34 RESOLUTION NO. 94-315 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FY95 CELL CONSTRUCTION PROJECT. WHEREAS, J. B. Holland Construction Inc. of Decorah, Iowa, has submitted the lowest responsible bid of $879,579.35 for the construction of the above-named project. 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 J. B. Holland Construction Inc. of Decorah, Iowa, subjectto the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 30th day of September 1994. i PAYOR Approved by ATTEST:�224'� CITY CLERK Cid City Attorney's Office g,Z 74l�� It was moved by Kubby and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x_ Baker X Horowitz X Kubby X Lehman X Novick X Pigott Throgmorton pwengMlandFl.,es 3tS RESOLUTION NO. 94-316 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: The nue - 211 Iowa Avenue It was moved by Throemorton and seconded by Novick that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman Novick x Pigott x Throgmorton Passed and approved this 11th day of October 1994 Qa- . MAYOR Aved by ATTEST: c- CITI CLERK qty Atto ney' Of ice \danceprm.res rj, -6 a.. RESOLUTION NO. 94-317 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE UNIVERSITY OF IOWA COMMUNITY CREDIT UNION OF IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 1916 WATERFRONT DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a promissory note and mortgage executed by the owners of 1916 Waterfront Drive, on May 4, 1994, and recorded in Book 1743, Pages 107-110 in the Johnson County Recorder's Office covering the following described real estate: Lot 16, Block 5, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa. WHEREAS, the City's lien is $20,936.65; and WHEREAS, the University of Iowa Community Credit Union, Iowa City, Iowa, proposes to loan the sum of $345,600 secured by a promissory note and mortgage to be executed by the owners of 1916 Waterfront Drive, Iowa City, Iowa, covering the real estate described above; and WHEREAS, it is necessary that the rehabilitation loan held by the City be subordinated to the proposed loan in the sum of $345,600 described above, in order to induce the University of Iowa Community Credit Union to make such a loan; WHEREAS, the University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien on the above described real estate subordinate to the lien created by the proposed mortgage to the University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above described real estate to secure the City's lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and the University of Iowa Community Credit Union of Iowa City, Iowa. Passed and approved this 11th day of October , 1994. MAYOR ADproved by �{ ATTEST:CICLERK City Attorn 's Office 1976watfr.ma 3Nj Resolution No. 94-317 Page 2 It was moved by Throgmorton and seconded by Novi rk the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Baker x Horowitz g Kubby g Lehman g Novick X Pigott Throgmorton 191 6W Lres :tj7 SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and I= University of Iowa Community Credit Union of Iowa City, Iowa herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $20, 936.65 and was executed by Youth Homes, Inc. , (herein the Owner), dated May 4 . 1994 , recorded May 5 . 199 in Book 1743 page 107 . Johnson County Recorder's Office, covering the following -described real property: Lot 16, Block 5, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ 345,600.00 on a promissory note to be executed by the Financial Institution and the Owner, 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 rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be 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 rehabilitation loan 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 rehabilitation loan of the City. 3lq SUBORDINATION AGREEMENT Page 2 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 30th day of September , 1994 CITY OF IOWA CITY By Attest: Q� it Qi2. m 2ha � -1 - city CIS erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) T I + On this 41 day of (Jceher 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 34,,, m. u iz 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 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 (Ord4tance) (Resolution) No.gv- - 3 r -r passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the day of T)4o�'.' 19 R� . and that S�z, m. &r-owi 4-z:_ and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. &O'dM P.—b-- Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 30th day of September A.D. 19_L4. before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Fred C Krause and Gary M Appleby , to me personally known, who 31? SUBORDINATION AGREEMENT Page 3 being by me duly swom, did say that they are the Presidmt, G3=al Mmiager and viae-PxesidEnt, Firms , respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Fred C Krause and Gary M Appleby 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. U11% a DONALD R% WELLSFf W CC101 &;M EIWRE3 �'L - 97 1 ary Public in and for the State of•lowa nVng\sumdnm.agm 3l7 ri� RESOLUTION NO. g4_g1 g RESOLUTION ACCEPTING THE WORK FOR ASBESTOS ABATEMENT FOR CIVIC CENTER EAST LOWER LEVEL REMODELING WHEREAS, the Engineering Division has recommended that the asbestos abatement project as included in the contract between the City of Iowa City and Haasco Ltd. of Dyersville, Iowa, dated September 16, 1992, and including change orders 1 through 6 be accepted; and WHEREAS, the performance and payment bond is on file in the Engineering Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said abatement project be hereby accepted by the City of Iowa City, Iowa. Passed and approved this 11th day of nrtnhPr , 1994. _ i MAYOR � /l Approved by ATTEST: / y/ ;i ,f � CIT LERK C' y Attorney's Office/�y� It was moved by Th nomas r n and seconded by �, viel the Resolution be adopted, and upon rollcall there were: pweng\CMG..S AYES: NAYS: ABSENT: Y Baker x Horowitz g Kubby g Lehman g Novick g Pigott Throgmorton 31Z f�s 6a_ RESOLUTION NO. 94-319 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER IMPROVE- MENTS FOR LOTS 1-8 OF BOYRUM SUBDIVISION, PART 2. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, One inlet and 180 L.F. of 36 -inch RCP storm sewer improvements for Lots 1-8 of Boyrum Subdivision, Part 2, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, a maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said improvements be hereby accepted by the City of Iowa City, Iowa. Passed and approved this 11th day of nrtnhPr , 1994• ATTEST:&- ,- • ZV� i CITY CLERK MAYOR Approved + Approved by , , -¢jr It was moved by Throgmorton and seconded by Nnv; rlc the Resolution be adopted, and upon roll call there were: pweng\boymm2.m AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman Novick 3_ Pigott X Throgmorton siq Re-- -e�4- RESOLUTION NO. 94-320 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER EASEMENT AGREEMENT FOR LOTS 1-8 OF BOYRUM SUBDIVISION, PART 2. WHEREAS, pursuant to Section 14-51-1-2 of the City Code of the City of Iowa City, Iowa, Southgate Development Co., Inc. submitted a site plan for the development of property located at 1835 and 1855 Boyrum Street; and WHEREAS, City staff has approved the site plan for Lots 1-8 of Boyrum Subdivision, Part 2, subject to the property owner entering into a Storm Sewer Easement Agreement; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the Storm Sewer Easement Agreement for Lots 1-8 of Boyrum Subdivision, Part 2. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution to be recorded by Southgate Development Co., Inc. in the Johnson County Recorder's Office, together with the Storm Sewer Easement Agreement. Passed and approved this 11th day of October , 1994. ATTEST:q� ce�i�J �Y•r .✓ CITY CLERK It was moved by Throsmorton and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick - Pigott Throgmorton pweng\boy2ssea.res 3 Lb RESOLUTION NO. 94-321 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN FOR PROPERTY LOCATED AT 1503 ROCHESTER AVENUE, IOWA CITY, IOWA. WHEREAS, on June 4, 1993, the property owner of 1503 Rochester Avenue, Iowa City, Iowa, executed a Rehabilitation Agreement, Promissory Note and a Mortgage in exchange for a low interest loan in the amount of $32,800.00 from the Housing Rehabilitation Program; and WHEREAS, these documents created a lien against the property; and WHEREAS, on September 14, 1994, new loan instruments were signed and the amount of the loan will be refinanced upon approval of this Release of 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 City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1503 Rochester Avenue, Iowa City, Iowa from an obligation of the property owner to pay to the City the principal amount of $32,800.00, which obligation was recorded in Book 1557, Pages 302 through 316, of the Johnson County Recorder's Office. Passed and approved this 1 1 rh day of October , 1994. ATTEST: 7!0� CI CLERK A roved by City Aftomeyq Office !�y/ It was moved by Throemorton and seconded by Nnvi rk the Resolution be adopted, and upon roll call there were: pptlrehab%1603MCh.WS AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick Pigott Throgmorton 3?-/ RELEASE OF LIEN The City of Iowa City does hereby release the property located at 1503 Rochester Avenue, Iowa City, Iowa legally described as follows: Beginning at a point which is 1,772 feet East and 33 feet South of the Northwest corner of the SW'/4 of Sec. 11, Twp. 79 N., R. 6 West of the 5th P.M.; thence South 130 feet; thence East 55 feet; thence North 130 feet; thence West 55 feet to the place of beginning. The grantees are hereby granted the right, easement and privilege to use the following -described property for the purpose of access to the West side of the property herein conveyed: Beginning at the above-described point of beginning; thence South 130 feet; thence West 40 feet; thence North 130 feet; thence East 40 feet to the point of beginning. This easement for access is so granted until such time in the future as the last described property may be dedicated for public street purposes, at which time this private easement shall cease and be terminated in favor of the Public Street. The grantees have the right and privilege to connect a septic tank outlet to the existing tile line which extends easterly in a line approximately 30 feet North of the South line of the tract herein conveyed from an obligation of the property owner to the City of Iowa City, Iowa in the principal amount of $32,800.00 represented by a Rehabilitation Agreement, Promissory Note and Mortgage recorded in the Johnson County Recorder's Office on June 4, 1993, in Book 1557, Pages 302 through 316. This obligation has been refinanced and the property is hereby released, in full, from any liens or clouds upon the title to the above property by reason of said prior recorded documents. Attest: City Clbrk STATE OF IOWA I I SS: JOHNSON COUNTY I CITY OF IOWA CITY oved by: City Attorney' Office On this i A day of DgAr - , 19_9:l4-_, before me, .Scw%,d ce nr+ , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. Q+/- — 32( passed by the City Council, on the (f 741 day of ()r!-abar , 19 qq— , and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. sm d,a..- yc,4p— Notary Public in and for the State of Iowa ppdmhab\7503roch.ml 321 J�- RESOLUTION NO. e4-'122 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN FOR PROPERTY LOCATED AT 402 W. BENTON STREET, IOWA CITY, IOWA. WHEREAS, on May 20, 1992, the property owner of 402 W. Benton Street, Iowa City, Iowa, executed a Mortgage and a Promissory Note in the amount of $1,865.75 in exchange for a low interest loan from the Community Development Block Grant (CDBG) Program; and WHEREAS, said Mortgage and Promissory Note amended and superseded a Promissory Note and Mortgage dated October 1, 1991; and WHEREAS, said Amended Mortgage and Promissory Note executed May 20, 1992, created a lien against the subject property; and WHEREAS, on September 30, 1994, the owner paid the balance due under the Amended Promissory Note and Mortgage. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 402 W. Benton Street, Iowa City, Iowa from an obligation of the property owner to pay to the City the principal amount of $1,865.75, which obligation was recorded in Book 1294, Pages 116 through 124, and Book 1374, Pages 270 through 294, respectively, of the Johnson County Recorder's Office. Passed and approved this i i rh day of October 1994. YOR Approved by y ATTEST: �01 0,17y�� CITY LERK City Attome ' Office It was moved by Thrnemr,rcon and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: X_ X X X X Y X ppdrehabNO2wben.res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 3ZZ RELEASE OF LIEN The City of Iowa City does hereby release the property located at 402 W. Benton Street, Iowa City, Iowa legally described as follows: Lot six (6) in Plat of Irregular Survey in School Lot 5, Section sixteen (16), Township seventy-nine (79) north, range six (6) west of the 5th P.M., according to the plat thereof recorded in Plat Book 3, page 132, plat records of Johnson County, Iowa from an obligation of the property owner to the City of Iowa City in the principal amount of $1,865.75 represented by a Mortgage and a Promissory Note recorded in the Johnson County Recorder's Office on October 1, 1991, in Book 1294, Pages 116 through 124 and Book 1374, Pages 270 through 274, respectively. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. Attest: City Clerk STATE OF IOWA ) 1 SS: JOHNSON COUNTY) CITY OF IOWA CITY By: , i Mayor roved by: City Attorne 's Offi e rQ On this li day of 1)c4o6er 19 4q- ,before me, Sonjr0.e FeY,-{- , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. 94- - 322 passed by the City Council, on the 14 *: day of 19 1+ , and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa ppdrehab%402wben.re1 3 22 3e, RESOLUTION NO. g4_191 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXIMATE 1.02 ACRE PARCEL OF LAND LOCATED NORTH ON SCOTT PARK DRIVE EXTENDED. WHEREAS, Plum Grove Acres, Inc. owns an approximate 1.02 acre parcel of land located north on Scott Park Drive extended; and WHEREAS, Diane Boyd, on behalf of property owner Plum Grove Acres, Inc., has requested annexation of the 1.02 acre parcel into the City of Iowa City, Iowa; and WHEREAS, this tract is contiguous to the corporate limits of the City; and WHEREAS, pursuant to Iowa Code §368.7 (1993), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors and the East Central Iowa Council of Governments; and WHEREAS, the Johnson County Board of Supervisors and the East Central Iowa Council of Governments have made no comment on the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land shall be voluntarily annexed to the City of Iowa City, Iowa: Beginning at the Northeast Corner of Lot 64, of Scott Boulevard East, Part Two, in accordance with the Plat thereof, Recorded in Plat Book 33, at Page 225, of the Records of the Johnson County Recorder's Office; Thence S89114'45"W, (A RECORDED BEAR- ING), along the North Line of said Subdivision, 22.39 feet, to its intersection with the existing Corporate Limit Line of the City of Iowa City; Thence N00153' 13"W, 110.00 feet along said Corporate Line; Thence N89114'45"E, 399.21 feet, to a Point on the Line of the Existing Fence; Thence S00°21'31"E, along said Line of Existing Fence, 111.00 feet, to its intersection with the North Line of said Scott Boulevard East, Part Two; Thence S89014'45"W, (A RECORDED BEARING), along said North Line, 375.81 feet, to the Point of Beginning. Said Tract of Land contains 1.02 Acres, more or less, and is subject to easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify and file the necessary documents as required by Iowa Code, §368.7, 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County, said population being zero. Passed and approved this 11th day of ATTESTCITY-CLERK t/ CIT CLERK nntnhar 1994• 323 Resolution No. 94-323 . Page 2 It was moved by Throgmorton and seconded by _ Pigott the Resolution be adopted, and upon roll ­call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman y_ Novick x Pigott x Throgmorton 3 23 RESOLUTION NO. 94_124 RESOLUTION ESTABLISHING A PARKS AND RECREATION COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND ESTABLISHING THE MEMBERSHIP, TERMS, DUTIES, POWERS AND AUTHORITY OF SAID COMMISSION WHEREAS, the City Council of the City of Iowa City, Iowa deems it in the public interest that the City Council establish a Parks and Recreation Commission for the City of Iowa City, Iowa, to serve as an advisory body to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: 1. There is hereby established for the City of Iowa City, a Parks and Recreation Commission. 2. The Parks and Recreation Commission shall consist of nine (9) members appointed by the City Council. All members of the Commission shall be qualified electors of the City of Iowa City and shall serve without compensation, except for reimbursable expenses. 3. The terms of office of each member shall be four (4) years, commencing on January 1 of the year of appointment. 4. The City Manager of the City of Iowa City, Iowa shall be authorized to take whatever administrative action is necessary to provide staff assistance and information necessary to aid the Commission in the performance of its duties. 5. The mission of the Parks and Recreation Commission is to assist and guide the City Council in providing the community with high quality and cost efficient parks, facilities, and recreational and cultural opportunities; to assess and prioritize community needs, establish goals, and make recommendations to the City Council regarding the maintenance, enhancement, and promotion of Parks and Recreation Department programs and facilities; and to serve as a sounding board for Parks and Recreation staff and for citizen concerns, suggestions, and ideas, and as an advocate for desired goals and programs. 6. The Commission shall serve in an advisory role to the City Council relative to the needs of the Parks and Recreation Department, and shall recommend and review policies, rules, regulations, ordinances, fees and budgets relating to the department; shall present an annual report of Parks and Recreation activities, accomplishments and recommendations to the City Council; shall make such other reports to the City Council as the Commission deems in the public interest; and shall be actively involved in parkland acquisition and the development of long range plans. 7. The Commission shall strive to integrate their programs with other governmental agencies, including, but not limited to, the Iowa City Community School District, the University of Iowa, Johnson County, and other surrounding municipal units. 324 Resolution No. 94-324 Page 2 S. The Commission shall adopt a set of By -Laws which they deem necessary and advisable for conducting the business of the Commission, subject to the Ordinances of the City of Iowa City, and in accordance with the Iowa Open Meetings Law. 9. The Commission shall be authorized to create and appoint advisory groups to make studies and to disseminate information on all of its activities. Such groups shall serve without compensation. Passed and approved this 11th day of October 1994. I/ij.. i iV r zj ti 7h MAYOR �— Approve by O ..l � ity Attorney's Office �� It was moved by Pigott and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Baker g Horowitz g Kubby g Lehman Novick R �_ Pigott % Throgmorton parksmc\commis.ms RESOLUTION NO. 94-325 RESOLUTION SETTING A PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 3 OF THE CITY CODE ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ON CITY UTILITIES TO INCREASE THE RATES FOR FEES AND CHARGES FOR POTABLE WATER USE AND SERVICE, AND WASTEWATER TREATMENT WORKS USER CHARGES. WHEREAS, water and wastewater rates, which were last increased in 1991, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment facilities, as well as its potable water supply and treatment facilities; and WHEREAS, the City of Iowa City is required to comply with federal safe drinking water standards, and is planning to construct a new water supply and treatment facility; and WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards, and is planning to make improvements to double the treatment capacity of the existing South Wastewater Treatment Plant, and to construct a sanitary sewer line to connect the two wastewater treatment plants; and WHEREAS, water and wastewater rates for fees and charges will fund these projects over time; and WHEREAS, City Code requires that notice and public hearing on the proposed increased rates for fees and charges be provided to the public, prior to enactment of said rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. A public hearing is hereby set for 7:30 p.m. on November 8, 1994, to be held in the Civic Center Council Chambers, to permit public input on the proposed rate increases for fees and charges for water supply and treatment facilities and services, and also fees and charges for wastewater treatment facilities and services. 2. The City Clerk is hereby directed to publish notice of said hearing as required by § 14- 3A-4, City Code entitled "Rates and Charges for City Utilities" as provided by state and federal law. Passed and approved this 25th day of October 1994. AudQ VAYOR ) Approved bY9G ATTEST: CITY CLERK OC ty Attorney's Office 6nadmketeinc.res 3?S Resolution No. 94-325 Page 2 It was moved by Noyf k and seconded by Thragmarrnn ,the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker g Horowitz x Kubby x Lehman v Novick x Pigott x Throgmorton 32.5 fze"< 8&_ RESOLUTION NO. Q4 -v96 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST PARTIAL RELEASE AGREEMENTS CONCERNING THE STORMWATER MANAGEMENT EASEMENT FOR WINDSOR RIDGE PARTS 1, 2, 3, 4 and 5 AND THE PUBLIC WALKWAYSITRAILS SYSTEM FOR WINDSOR RIDGE PARTS 11 & 4 a WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter 'the City") and Arlington, L.C., an Iowa Limited Liability Company (hereinafter "Subdivider") entered into the following described City -Subdivider Agreements recorded in the Johnson County Recorder's Office: A. Windsor Ridge -Parts One and Two dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 150; B. Windsor Ridge -Part Three dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 180; C. Windsor Ridge -Part Four dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 206; and D. Windsor Ridge -Part Five dated June 14, 1994 and recorded September 13, 1994 in Book 1811, Page 32; and WHEREAS, the above referenced City -Subdivider Agreements for Windsor Ridge Development obligate the Subdivider to construct two stormwater management facilities to serve the entire development and to construct a pedestrian walkway/trail system through Parts One and Four of the Development; and WHEREAS, the City does not ordinarily release a development from the construction requirements relating to stormwater management facilities or other public improvements until the City Engineer certifies that permanent groundcover is established and mowable; erosion and sedimentation are wholly or substantially controlled; substantially all lots within the tributary area in the development have been developed and/or the public improvements are otherwise complete and acceptable; and WHEREAS, in the interim, a lien remains on the above parts of Windsor Ridge Development with a cloud on the titles to all lots in said development; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the Partial Release Agreements would remove the cloud on the title to the lots in said Parts of Windsor Ridge Development, while protecting the City by reason of the lien attaching to established escrow funds, said escrow funds to be established and maintained by the City Finance Department; and WHEREAS, the remaining requirements for construction, maintenance, access and other 3Zle Resolution No. 94-3Yb Page 2 requirements of the City -Subdivider Agreements would continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to execute the Partial Release Agreements for Windsor Ridge Development Parts One, Two, Three, Four, and Five in order to protect local property values. 2. The Council finds that transferring the real estate liens to the escrow accounts is reasonable under the circumstances and protects the City's interests. 3. The Mayor is hereby authorized to execute and the City Clerk to attest the Partial Release Agreements, a copy of which is attached hereto. The Subdivider shall record this agreement in the Johnson County Recorder's Office. 4. Upon certification from the City Engineer that construction of the stormwater management facilities and pedestrian walkways/trails has been satisfactorily completed; permanent groundcover has been established and is mowable; erosion and sedimentation has been wholly or substantially controlled; and, in the opinion of the City Engineer, substantially all lots within the tributary area in the Development have been developed, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorder's Office. It was moved by XmH rU and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton Passed and approved this 75th day of n,i-,hat , 1994. ATTEST: 5�• 9�a�/ CITY CLERK samhhganduse\wndge.ms 32.(0 LIMITED RELEASE AGREEMENT This Limited Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"), and Arlington, L.C., an Iowa Limited Liability Company (hereinafter "Subdivider"), who hereby agree as follows: 1. The parties acknowledge that by reason of the following described City -Subdivider Agreements recorded in the Johnson County Recorder's Office: A. Windsor Ridge -Parts One & Two dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 150; B. Windsor Ridge -Part Three dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 180; C. Windsor Ridge -Part Four dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 206; and D. Windsor Ridge -Part Five dated June 14, 1994 and recorded September 13, 1994 in Book 1811, Page 32, Subdivider is obligated to construct storm water control facilities (hereinafter "facilities") as required by the City and as a benefit to said subdivisions. The parties further acknowledge that this obligation is deemed a covenant running with the land. 2. An irrevocable Letter of Credit regarding the construction of the facilities and the funds needed to complete said construction has been executed by Iowa State Bank & Trust Company, Iowa City, Iowa, and is attached as Exhibit "A" and by this reference incorporated as a part herein. The parties acknowledge that this Letter of Credit has been executed for the City's behalf pending completion of the facilities, as certified by the City Engineer. 3. The City acknowledges that construction of the facilities has been substantially completed, but a final release of the facilities by the City is not yet appropriate. For this reason, the obligation of Subdivider to construct the facilities constitutes a lien and cloud on the above -referenced subdivisions. 4. In consideration of t above -referenced subdivisions, the lots in said subdivisions immediately attach to the funds this lien shall remain attache the facilities have been coml established and mowable; erosio and, in the opinion of the Cit within the tributary area of 1 ie City's release of its lien on the Subdivider agrees that the lien on shall be transferred to and shall referenced in Exhibit "A" and that t to said funds until such time as leted; permanent ground cover is z and sedimentation are controlled; i Engineer, substantially all lots he Windsor Ridge development have 3z -(o been developed. At such time, the City will issue a final release to the Subdivider for recordation. 5. Pursuant to its terms, Exhibit "A" expires September 30, 1995. If the storm water control facilities described herein are not completed on or before September 30, 1995: A. Exhibit "A" may be renewed upon application to and at the discretion of Iowa State Bank & Trust Company, in which case all terms and provisions herein shall also be extended for a like period; or B. If Exhibit "A" is not renewed by Iowa State Bank & Trust Company, Subdivider may place $7,500.00 in escrow with the City to secure the completion of the storm water control facilities, in which case the lien of the City for said improvement shall automatically transfer to the escrowed proceeds; or C. If neither subparagraph A nor subparagraph B occur, there shall be an automatic draw on the funds payable to the City, as described in Exhibit "A," to complete the improvement. 6. In consideration thereof, the City does hereby release Windsor Ridge -Parts One & Two, Windsor Ridge -Part Three, Windsor Ridge -Part Four and Windsor Ridge -Part Five from any lien or cloud now placed on the title to said property for the purposes stated in paragraphs 1 through 4 above. 7. This Limited Release Agreement shall not be construed as a release of Subdivider's obligations to complete the storm water control facilities and the site work incident thereto, which obligation shall remain the responsibility of Subdivider until the facilities have been completed and finally released by the City. Nor shall this Limited Release Agreement in any way alter, amend or modify the City -Subdivider Agreements described herein, except as provided in this Agreement. Dated this r." day of November, 1994. L. C. , E 32/L, STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 114PA day of Public, persona ly appeared to me personally known as acknowledge that they signed voluntary act and deed and < Arlington, L.C. EVA STATE OF IOWA ) ) ss: JOHNSON COUNTY ) November, 1994, before me, a Notary 3ary D. Watts and John Moreland, Jr., members of Arlington, L.C., and do the foregoing instrument as their own 1so'a's the voluntary act and deed of C of CITY OF IOWA CITY, IOWA Susan M. Horowitz, Mayor Marian K. Karr, City Clerk State On this 6� day of PC ern 622 1994, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Susan M. Horowitz and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa 3z(� EXHIBIT "A" IOWA STATE BANK & TRUST COMPANY ISSUING BANK: Iowa State Bank & Trust Company Banking Division 102 S. Clinton Street Iowa City, Iowa 52240 U.S.A. DATE AND PLACE OF ISSUE: 11/04/94 Iowa City, Iowa, U.S.A. APPLICANT: ARLINGTON L.C. 1700 S. 1st Avenue Eastdale Plaza Iowa City, Iowa 52240 STANDBY LETTER OF CREDIT NO DATE AND PLACE OF EXPIRY: 09/30/95 BENEFICIARY: CITY OF IOWA CITY 410 E. Washington Street Iowa City, Iowa 51240 AMOUNT: USD7,500.00(SEVEN THOUSAND FIVE HUNDRED AND NO/100 ONLY U.S. DOLLARS) 293 We hereby issue our Standby Letter of Credit No. 293 in favor of City of Iowa City ("Beneficiary") for the account of Arlington L.C. for a sum notto exceed USD7,500.00 (SEVEN THOUSAND FIVE HUNDRED AND N0/100 ONLY U.S. DOLLARS) available by your drafts) at SIGHT drawn on Iowa State Bank & Trust Company, Iowa City, Iowa accompanied by the following document: A Beneficiary's signed statement, signed by an authorized -representative of City of Iowa City, stating: "We certify that Arlington L.C. has not completed storm water control facilities for Windsor Ridge -Parts one through Five, in a satisfactory manner. This includes, but is not limited to $7,500.00 for public improvements and payment has not been received from Arlington L.C., or any other source." ADDITIONAL CONDITIONS: If the storm water control facilities described herein are not completed on or before September 30, 1995, this Letter of Credit may be renewed upon application to and at the discretion of Iowa State Bank & Trust Company. P.O. Box 1700, Iowa City, IA 52244-1700 •'Coll -Free 1-800-247-4418 • FAX 319-358-5849 Main Bank Clinton St. Office Keokuk Sl. Office Rochester Ave. Office Coralville Office 102 9Sl 32 5 350-1Sl Keokuk St. & tl 70 0 Bypass 2233 350.5980 Ave 110 Fi 3 BV5990 ralwlle 350-800 5900 IOWA STATE BANK & TRUST COMPANY Standby Letter of Credit No. 293 Page 2 November 4, 1994 If this Letter of Credit is not renewed and Arlington L.C. does not place $7,500.00.in escrow with the City to secure the completion of the storm water control facilities, there shall be an automatic draw on this Letter of Credit prior to its expiration payable to the City of Iowa City, Iowa, to complete the improvement. This payment shall be drawn off the Arlington L.C. line of credit maintained with Iowa State Bank & Trust Company. rawn under 93 oflIowafStatesBank & Trust DCompany,, IowaaCibtyL2 drats mut be marked Iowa dated November 4, 1994." We -hereby engage with you that drafts drawn hereunder in compliance with the terms and conditions of this credit will be duly honored if presented to Iowa State Bank & Trust Company, Main office -Banking Divison, 02 S. linton Iowa ty, Iowa en the h urslof 9e00 a.mCa d 4:30tp.m. reetI Central 1Standard Time, 0oneeorbefore the expiration date. Partial drawings are permitted. Drawings under this credit must be accompanied by the original of this credit and amen8ments thereto. All ate Bank IowabCity,gfees Iowa areer than those due Iowa for the account of the Beneficiary Trust Company, Unless otherwise expressly stated, this credit is subject to Uniform Customs and Practices for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500, as from time to time amended, and is governed by the Uniform Commercial Code of Iowa, as from time to time amended. IOWA STATE BANK & TRUST COMPANY JaCk Executive Vice -President 32.6 LIMITED RELEASE AGREEMENT This Limited Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"), and Arlington, L.C., an Iowa Limited Liability Company (hereinafter "Subdivider"), who hereby agree as follows: 1. The parties acknowledge that by reason of the following described City -Subdivider Agreements recorded in the Johnson County Recorder's Office: A. Windsor Ridge -Parts One & Two dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 150; and B. Windsor Ridge -Part Four dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 206, Subdivider is obligated to construct and install walkways on Outlot "B" (hereinafter "improvement") as required by the City and as a benefit to said subdivisions. The parties further acknowledge that this obligation is deemed a covenant running with the land. 2. An irrevocable Letter of Credit regarding the construction of the improvement and the funds needed to complete said construction has been executed by Iowa State Bank & Trust Company, Iowa City, Iowa, and is attached as Exhibit "A" and by this reference incorporated as a part herein. The parties acknowledge that this Letter of Credit has been executed for the City's behalf pending completion of the improvement, as certified by the City Engineer. 3. The City acknowledges that the improvement has not been constructed or installed and a final release of the improvement by the City is not yet appropriate. For this reason, the obligation of Subdivider to construct and install the improvement constitutes a lien and cloud on the above -referenced subdivisions. 4. In consideration of the City's release of its lien on the above -referenced subdivisions, Subdivider agrees that the lien on the lots in said subdivisions shall be transferred to and shall immediately attach to the funds referenced in Exhibit "A" and that this lien shall remain attached to said funds until such time as the improvement has been completed. At such time, the City will issue a final release to the Subdivider for recordation. 5. Pursuant to its terms, Exhibit "A" expires September 30, 1995. If the improvement described herein is not completed on or before September 30, 1995: 3Zb A. Exhibit "A" may be renewed upon application to and at the discretion of Iowa State Bank & Trust Company, in which case all terms and provisions herein shall also be extended for a like period; or B. If Exhibit "A" is not renewed by Iowa State Bank & Trust Company, Subdivider may place $17,100.00 in escrow with the City to secure the completion of the improvement, in which case the lien of the City for said improvement shall automatically transfer to the escrowed proceeds; or C. If neither subparagraph A nor subparagraph B occur, there shall be an automatic draw on the funds payable to the City, as described in Exhibit "A," to complete the improvement. 6. In consideration thereof, the City does hereby release Windsor Ridge -Parts One & Two and Windsor Ridge -Part Four from any lien or cloud now placed on the title to said property for the purposes stated in paragraphs 1 through 4 above. 7. This Limited Release Agreement shall not be construed as a release of Subdivider's obligations to complete the improvement, which obligation shall remain the responsibility of Subdivider until the improvement has been completed and finally released by the City. Nor shall this Limited Release Agreement in any way alter, amend or modify the City -Subdivider Agreements described herein, except as provided in this Agreement. Dated this /� day of November, 1994. AR GTON, L.C. Gary Oatts, Member J n Moreland, Jr., Membe STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of November, 1994, before me, a Notary Public, personally appeared Gary D. Watts and John Moreland, Jr., to me personally known as members of Arlington, L.C., and do acknowledge that they signed the foregoing instrument as their own 2 32& iI voluntary act and deed and a(so as Arlington, L.C. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) of e voluntary act and deed of CITY OF IOWA CITY, IOWA i gusan M. -brow tz, Mayor Ma 'an K. Karr, City Clerk On this 61#1 day of &eC'rru ', , 1994, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Susan M. Horowitz and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa 32t, EXHIBIT "A" IOWA STATE BANK & TRUST COMPANY ISUING BANK: Iowa State Bank & Trust Company Banking Division 102 S. Clinton Street Iowa City, Iowa 52240 U.S.A. DATE AND PLACE OF ISSUE: 11/04/94 Iowa City, Iowa, U.S.A. APPLICANT: ARLINGTON L.C. 1700 S. 1st Avenue Eastdale Plaza Iowa City, Iowa 52240 STANDBY LETTER OF CREDIT NO DATE AND PLACE OF EXPIRY: 09/30/95 BENEFICIARY: CITY OF IOWA CITY 410 E. Washington,Street Iowa City, Iowa 52240 AMOUNT: USD17,100-OO(SEVENTEEN THOUSAND ONE HUNDRED AND N0/100 ONLY U.S. DOLLARS) 294 We hereby issue our Standby Letter of Credit No. 294 in favor of City of Iowa City ("-Beneficiary") for the account of Arlington L.C. for a sum not to exceed USD17,100.00 (SEVENTEEN THOUSAND ONE HUNDRED AND NO/100 ONLY U.S. DOLLARS) available by your draft (s) at SIGHT drawn on Iowa State Bank & Trust Company, Iowa City, Iowa accompanied by the following document: A Beneficiary's signed statement, signed by an authorized representative of City of Iowa City, stating: "We certify that Arlington L.C. has not completed walkways for Outlot B of Windsor Ridge -Parts One & Two and Windsor Ridge -Part Four, in a satisfactory manner. This includes, but is not limited to $17,100.00 for public improvements and payment has not been received from Arlington L.C., or any other source." ADDITIONAL CONDITIONS: If the walkways described herein are not completed, on or before September 30, 1995, this Letter of Credit may be renewed upon application to and at the discretion of Iowa State Bank & Trust Company. P.O. Box 1700, Iowa City, IA 52244-1700 • Toll -Fred 1-800-247-4418 • FAX 319-356-5849 Main Bank Clinton St. Office Keokuk Sl. Office Rochester Ave. Offrce Coralville Office 102 S. Clinton St. 325 S. Clinton Sl. Keokuk Sl. & Hwy. 6 Bypass 2233 Rochosier Ave. 110 First Ave./Coralville 356-5800 356-5860 356-5970 356-5980 356-5990 3Z& IOWA STATE BANK & TRUST COMPANY Standby Letter of Credit No. 294 Page 2 November 4, 1994 If this Letter of Credit is not renewed and Arlington L.C. does not place $17,100.00 in escrow with the City to secure the completion of the walkways, there shall be an automatic draw on this Letter of Credit prior to its expiration payable to the City of Iowa City, Iowa, to complete the improvement. This payment shall be drawn off the Arlington L.C. line of credit maintained with Iowa State Bank & Trust Company. All drafts must be marked "Drawn under Standby Letter of Credit No. 294 of Iowa State Bank & Trust Company, Iowa City, Iowa dated November 4, 1994." We hereby engage with you that drafts drawn hereunder in compliance with the terms and conditions of this credit will be duly honored if presented to Iowa State Bank & Trust Company, Main Office -Banking Division, 102 S. Clinton Street, Iowa City, Iowa 522.40 between the hours of 9:00 a.m. and 4:30 p.m. Central Standard Time, on or before the expiration date. Partial drawings are permitted. Drawings under this credit must be accompanied by the original of this credit and amendments thereto. All banking fees other than those due Iowa State Bank & Trust Company, Iowa City, Iowa are for the account of the Beneficiary. Unless otherwise expressly stated, this credit is subject to Uniform Customs and Practices for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500, as from time to time amended, and is governed by the Uniform Commercial Code of Iowa, as from time to time amended. IOWA STATE BANK & TRUST COMPANY ck A. �b Executive Vicident 3zL RESOLUTION NO. 94-327 RESOLUTION AUTHORIZING EXECUTION OF AMENDATORY AGREEMENT #12 AND ADDENDUM FOR LEAD BASED PAINT TO ANNUAL CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND THE FEDERAL GOVERNMENT FOR PUBLIC HOUSING PROJECT GRANT NUMBER IA05P022010. WHEREAS, the City of Iowa City, Iowa (the "Local Authority") proposes to enter into an Amendatory Agreement which revises the contract (the "Annual Contributions Contract") with the United States of America (the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Amendatory Agreement in substantially the form hereto attached and marked "Exhibit A" and Addendum marked "Exhibit B" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in four copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Annual Contribu- tions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the Annual Contributions Contract remain in full force and effect. Section 4. This Resolution shall take effect immediately. Passed and approved this 25th day of orrnb r 1994. i�01 MAYOR Approved by ATTEST,: n r �f • ��'w' ,l%�919y CIT CLERK City Attor 's Office hisasst\amendl 2ses 3aq Resolution No. 94-327 •' Page 2 It was moved by and seconded by Throemorton the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: X Baker Horowitz X . X Kubby X Lehman Novick —x— Pigott x Throgmorton X 3a� e % U.S. Department of Housing and Urban Development Iowa State Office s`° III I d'o Federal Building 210 Walnut Street, Room 239 Des Moines, Iowa 50309-2155 January 26, 1995 Mr. Doug Boothroy Acting Housing Administrator Iowa City Housing Authority 410 E. Washington St., Civic Center Iowa City, IA 52240-1826 Dear Mr. Boothroy: SUBJECT: Development Project Grant Amendment No. 12 to Consolidated Annual Contributions Contract No. KC -9166, Project No. IAO5P022010 We are pleased to transmit herewith one fully executed Consolidated Annual Contributions Contract, Amendment No. 12, dated January 26, 1995, with an estimated total development cost of $931,750.00. If you should have any questions please feel free to call me at 515-284-4936. Sincerely, Barbara E. Kirschten Chief Attorney Enclosures �- J4 6 3V1 N t Development Project Grant U.S. Department of Housing w and Urban Development Amendment to Consolidated office of Public and Indian Housing ol r Annual Contributions Contract lower Income Public Housing AMENDMENT NO, 12 1. Development Project Grant Number: IA05PO22010 2. Amendment to Annual Contributions Contract Number ICC -9166 dated October 18. 1985 (tile Contract). 3. The Contract Is amended to provide grant assistance for the Development Grant Project. This amendment is a part of Elie Contract. 4. The following provisions shall be applicable to the Develop- ment Grant Project: a. Dale of Development Grant Reservation SeDtember 27, 1994 b. Development Method and Housing l ape Acquisition -Detached c. Number of Units 10 d. Maximum 9blal Development Cost (Development Grant Authority) $931,750.00 5. The development of this Grant Project shall be carried out In accordance with all HUD regulations and other requirements applicable to the public housing development program. The PHA agrees to comply with these regulations and requirements. 6. The devrlopmenl work to be carried out is described in a PHA Proposal. a statement of Elie basic elements of file Develop- ment Grant Profcct "file PIIA Proposal must be adopted by the III [A and approved by HUD. and may be revised from (line to Ilnu: by agreement between HUD and the PIIA. The PIIA agrees to earn• out the development activities In accordance with the approved 131 [A Proposal. 7. The Maximum -)btal Development Cost of the Development Grant Project is stated in Section 4. d. of this amendment. The PHA shall complete the development of the Grant Project at the lowest possible development cost within the approved Develop- ment Cost Budget and in no event in excess of the stated Max- imum Tidal Development Cost for the Grant Project. 8. Subject to the provisions of Part 11 of this Contract. and in order Io assist the development of the Grant Project. HUD agrees to disburse to the PHA, from time to time as needed. up to the amount of the Maximum Grant Commitment. The (SEAL) Attest: Maximum Grant Commitment shall be equal to the Maximum 'Ibtal Development Cost for the Grant Project. as stated in Section 4. d. or the approved Actual Development Cost of the Grant Project. 9. After inclusion in an audit and HUD approval of the Actual Development Cost Certificate (in accordance with Sec- tion 405 of Part II of Elie Contract), a copy of Elie Actual Development Cost Certificate shall be attached to this amend- ment and shall be deemed to further amend the Contract, where necessary. to reduce the amount of grant authority for the Development Grant Project to an amount equal to the approved Actual Development Cost. In no case shall the approv- ed Actual Development Cost Certificate amount exceed the Maximum Total Development Cost stated in Section 4.d. of this amendment. 10. The PHA shall continue to operate the Development Grant Project as lower income housing in compliance with this Con- tract. the Act and all HUD regulations and requirements for a period of thirty years beginning bn the Dale of Full Availability of the Development Grant Project: provided. however. that the provisions of Section 308(8) and (C) of the Contract shall remain in effect for so long as HUD determines there is any outstanding Indebtedness of the PHA to HUD which arose in connection with any project or projects under the Contract and which is not eligible for forgiveness, and provided further that, for a period of ten vears following the last payment of operating substdv to the PHA, no disposition of the Grant Project shall occur unless approved by IIUD. 11. If the PHA docs not comply with any of its obligations under this amendment HUD may direct the PHA to terminate all further development activities. In such case. the PHA shall only incur additional costs with HUD approval. 12. The PHA shall execute and rile for record a Declaration of Trust as provided under Section 420(B) of the Contract to pro- tect the rights and interests of HUD throughout the thirty-year period during which the PHA is obligated to operate the Development Grant Project in accordance with the Contract. the Act and HUD regulations and requirements. The parties have caused this amendment to be effective as of the dale of execution on behalf of the United Slates. as stated below. Iowa City Housing Authority rrr,nu,u,rus+.n rior+mgr By IChnirrnaNp Date SUSAN M. HOROWITZ, MAYOR UNITED STATES OF AMERICA Secretary of I- lousing and lJrb?h Development - v` v /, N,.V - Harl M Hamblin Director Public Housing /� rgrnrlyd rwr•r Date &C HUD -53010-D (4)87) HB -7417.1 �a� ADDENDUM TO AMENDMENT NO. 12 Project No. IA05P022010 Contract No. KC -9166 Check the appropriate paragraph and complete information requested: The PHA/IHA has attended the HUD sponsored training course "Lead -Based Paint in Public and Indian Housing: How Housing Authorities Can Meet the Challenge" on at Due to circumstances beyond the PHA/IHA's control, we were unable to attend the required training but will do so within six (6) months of the date of this ACC amendment. The PHA/IHA's inventory consists solely of Section 8 Certificates/Vouchers. The PHA/IHA's inventory consists solely of post -1978 developments. The PHA/IHA's inventory consists solely of developments for the elderly. The PHA/IHA's has completed testing of its entire inventory in accordance with the regulatory requirements sent forth in the Lead -Based Paint Poisoning Prevention Act, as amended, and the test results have been negative thus negating the need for abatement. The PHA/IHA has completed testing and abatement of its entire pre -1978 family development inventory. No disbursements can be made under the ACC amendment, except for emergencies, unless one of the above certifications has been checked. In the case where the PHA/IHA will be taking the course at a future date, disbursements cannot be made until the course has been completed and the PHA/IHA so certifies. 3al The parties have caused effective as of the date of States, as stated below. (SEAL) Attest: 2 this addendum to the amendment to be execution on behalf of the United Iowa Citv Housing Authorit (PHA/IHA) BZ/�Q nA I Date SUSAN M. HOROWITZ, MAYOR UNITED STATES OF AMERICA Secretary of Housing and Urban Dat Housing Division 3ar7 (�-, -(),/z RESOLUTION NO. 94-328 RESOLUTION AUTHORIZING THE APPOINTMENT OF MR. DOUGLAS BOOTHROY AS THE PROJECT OFFICER FOR THE ACQUISITION OF 10 UNITS OF PUBLIC HOUSING FOR THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROJECT IA05P022010. WHEREAS,the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has requested the appointment of a Project Officer for Project IA05PO22010, the acquisition of ten units of Public Housing; and WHEREAS, Mr. Douglas Boothroy is the Director of the Housing and Inspection Services of the City of Iowa City and is the direct supervisor of the day to day operations of the Iowa City Housing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest to the appointment of Mr. Douglas Boothroy as the Project Officer. Passed and approved this 25th day of October , 1994. ATTEST: 771ctu«� /--" 76LJ- CITftLERK AL..4r .4 MAYOR Approved by City Attorney's Pffice It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: h1sasstpro)10.res AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby v Lehman x Novick Pigott x Throgmorton RESOLUTION NO. cm -479 RESOLUTION AUTHORIZING THE ADOPTION OF THE FAMILY SELF SUFFICIENCY ACTION PLAN OF THE IOWA CITY HOUSING AUTHORITY. WHEREAS,the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires a self sufficiency program for families assisted under the Certificate, Voucher, and Public Housing Programs; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer Certificate, Voucher and Public Housing Programs and wishes to assist the participants to become economically independent; and WHEREAS, the participants of the housing assistance programs and the Citizens of Iowa City would benefit from the Family Self Sufficiency program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Action Plan for Family Self Sufficiency is adopted as the policy of the Iowa City Housing Authority. 2. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 25th day of October 1994. i-c"i Guf �e MAYOR ATTEST: 7T aae - f.fJ CI LERK Approved by - ,/ City Attorney' Office It was moved by Novi rk and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: hisassMelfsuff.res AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott Throgmorton 329 kk RESOLUTION NO. 94-330 RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC -9033. PROJECT NO. IA05-V022-018. WHEREAS, the City of Iowa City (the "Local Authority") proposes to enter into a revised contract (the "Annual Contributions Contract") with the United States of America (the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Annual Contributions Contract KC -9033 in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in five copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. Passed and approved this 25th day of October 1994• Iry AYOR ATTEST:,— CITY CLERK roved by /ILI ,[ City Attorn 's Offic It was moved by and seconded by Throomorton the Resolution be adopted, and upon roll call there were: AYES: X X X X hisasstW022-018.res NAYS: ABSENT: Baker Horowitz x Kubby Lehman Novick Pigott Throgmorton �3D Consolidated U.S. Department of Housing and Urban Development AnhUar Contributions Contract Office of Housing Housing Voucher Program ACC Para II r Number: ,I el r,l .I -V 1.1. Definitions. A. ACC. As used in Part I of this CACC, "ACC" means the Annual Contributions Contract for each project. As used in Pan II of this CACC, "ACC" means the CACC. B. CACC. Consolidated Annual Contributions Contract. C. Contract Authority. The amount of contract authority for each project is listed in Exhibit I or Exhibit B of this CACC Part I (subject to reduction in accordance with section 1.4.1) and section 2.3 of this CACC). D. Fiscal Year. The PHA Fiscal Year. E. HUD. U.S. Department of Housing and Urban Development. F. PHA. Public Housing Agency. G. Program. The PHA's Housing Voucher Program under the CACC. H. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. I. Program Receipts. Amounts paid by HUD to the PHA for the Housing Voucher Program, and any other amounts received by the PHA in connection with the Program. J. Project. A funding increment for the Program. 1.2. Housing Voucher Program. A. Projects in Program. The projects in the program are listed in Exhibit I and Exhibit II of this CACC Part I. (List all new projects in CACC Exhibit II.) B. PHA Fiscal Year. The Fiscal Year for the Program shall be the 12 -month period ending June 30 of each calendar year. (Insert the day and month used as the Fiscal Year ending date for other section 8 assistance administered by the PHA under an ACC with HUD.) 1.3. Term. A. The initial term of the ACC for each project shall be a term of five years beginning on the effective date of the ACC for the project. B. The first date and last date of the ACC term for each project is stated in Exhibit I or Exhibit II. be entered subsequently by HUD, upon written notice by HUD to the PHA. E. HUD may revise Exhibit I or Exhibit II at any time, upon written notice by HUD to the PHA, to remove a project for which the ACC term has expired. F. The initial ACC term for any project may be extended by written agreement of the PHA and HUD. 1.4. Annual Contribution. A. Payment. HUD shall pay the PHA annual contributions for the Program in accordance with HUD regulations and requirements. B. Amount and Purpose of HUD Payments. 1. The annual contribution for the Program during a Fiscal Year shall be the sum of the amounts paid for each of the. projects in the prograrn. The HUD annual contribution for the Program shall be the amount approved by HUD for each Fiscal Year to cover. a. The amount of housing assistance payments by the PHA. b. The amount of PHA fees for Program administration. 2. The amount of the HUD annual contribution may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than the HUD annual contribution. C. Maximum Payments for Program. 1. Annual Limit on Payments for Program. Except for payments from the CACC reserve account as provided in section 1.4.E of this CACC, the HUD annual contribution fora project under section 1.4.B during the Fiscal Year shall not be more than the contract authority for the project. The amount of contract authority reserved for each project in the Program is stated in Exhibit I and II of this CACC Part I (subject to reduction in accordance with section 1.4.1) and section 2.3 of this CACC). 2. Limit on Total Payments for Project During CACC Term. The total of HUD payments under section IAB for a project over the term of the CACC for the project (including any payments from the CACC reserve account as provided in section IAE, but not including any payments under section IAF) shall not be more than five times the contract authority for the project. C. The fust date of the ACC term for the project shall be a date as D. Reduction of Amount Payable. HUD may reduce the amount determined by HUD. payable by HUD for any project or for the program, and may reduce the amount of the contract authority for any project, by D. If the first or last date of the ACC term for the project is not giving the PHA written notice of reduction in accordance with entered before the CACC is signed by the PHA, the date may section 2.3 of this CACC. The notice by HUD may include a page 1 of 4 pages form HUD -52520-D (1/90) ref. handbooks 7420.3 & 7420.7 33D revision of Exhibit I or II to state the reduction in the amount 1.5. CACC. of contract authority for a project. A. The CACC consists of this CACC Part I (including Exhibits 1 E. CACC Reserve Account. A CACC reserve account shall be and II) and the form ACC Part It prescribed by HUD for the established and maintained by HUD, in an amount as Housing Certificate Program and the Housing Voucher determined by HUD. The CACC reserve account may be used Program, designated as form HUD 52520-E, and dated January by HUD for payment of any portion of the payment approved 1990. These documents constitute the whole CACC for the by HUD under section 1.43 for the Fiscal Year. Program. F. Portability Procedures: Fees of Receiving PHA. In addition B. This CACC supersedes any previous Annual Conuibuiions to the maximum payments under section IA.C, including Contract for the projects or Program. Matters relating to payments from the CACC reserve account under section operation of the projects or Program under a previous Annual 1 A.E, HUD may approve additional payments to the PHA for Contributions Contract shall be governed by this CACC. the purpose of paying fees to another PHA acting as receiving PHA in accordance with HUD portability procedures. G. Separate ACC. HUD's commitment to make payments for each project listed in Exhibit II shall constitute a separate ACC. Signatures: Iowa City Housing Authority Public Housing Agency Name of Public Housing Agency: United States of America by: SUSAN M. HOROWITZ. MAYOR Print or type the name and official tide of signatory : by: Harl M. Hamhlin- Dirartnr, Puhlir Hnllcing Divicinn Print or type the name and official lithe of signatory : Daae 2 of 4 oases form HUD -52520-E) i�(�> =—Par lumber:IA05-V 022-018 xhiblt I First Date Last Date Proiect Number Contract Authority($) of Term of Term IA05—VO22-001 $ 42,820 02/03/1986 02/03/1991 $126,715 05/01/1988 04/30/1993 _IA05—V022-002 IA05—VO22-003 .$ 25,314 01/01/1987 12/31/1991 IA05—VO22-004 $189,816 05/01/1987 04/30/1992 IA05—VO22-005 $202,927 08/01/1987 07/31/1992 IA05—VO22-006 $ 41,939 08/05/1987 07/31/1992 IA05—VO22-007 $243,010 05/01/1988 06/30/1993 IA05—VO22-001 ($ 42,820) 02/03/1991 IA05—VO22-003 ($ 25,314) 01/01/1992 IA05—VO22-004 ($189,816) 05/01/1992 IA05—V022-005 ($202,927) 07/31/1992 IA05—VO22-006 ($ 41,939) 07/31/1992 IA05—VO22-002 ($126,715) 05/01/1993 IA05—VO22-007 ($243,010) 05/01./1993 Jnited States of America secretary of Housing and Urban Development .. page 3 of 4 popes Dots Signed: • Jn form HUD•52520-D 33[7 ACC Part I Number: I A 0 5 " V Exhibit ll: Budget Authority First Dale Last Date Project Number Contract Authority($) of Term of Term IA05—VO22-008 $213,212 11/01/1989 10/31/1994 IA05—VO22-016 $127,390 $ 636,950 12/01/1993 11/30/1998 IA05—VO22-018 $ 72,095 $ 360,475 12/01/1994 11/30/1999 RENEWALS — 86 X .0194: IA05—VO22-009 (Renewal) $ 74,357 02/01/1991 01/31/1996 Replaces IA05—VO22-001 IA05—VO22-010 (Renewal) $ 36,216 01/01/1992 12/31/1996 Replaces IA05—VO22-003 IA05—VO22-013 (Renewal) $224,535 $1,122,675 05/01/1992 04/30/1997 Replaces IA05—VO22-004 IA05—VO22-014 (Renewal) $297,346 $1,486,730 08/01/1992 07/31/1997 Replaces IA05—VO22-005 IA05—VO22-015 (Renewal) $393,045 $1,965,225 05/01/1993 04/30/1998 Replaces IA05—VO22-002 AND IA05—VO22-007 United States of America Secretary of Housing and Urban Development Date Signed' page 4 of 4 pages form HUD -52520 3' cD RESOLUTION NO. 94-331 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, PAVING AND DETENTION BASIN RELEASE STRUCTURE PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PARTS ONE, TWO, THREE AND FOUR, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, tile line and water main improvements for Windsor Ridge - Parts One, Two, Three and Four, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Windsor Ridge - Parts One, Two, Three and Four, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Detention basin release structure improvement for the Windsor Ridge development, as constructed by Iowa Bridge & Culvert, Inc. of Washington, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 25th day of October 1994. VA O R -y� Approved b�� ATTEST:/i��� 7(gzi� .� CITY CLERK Itity Attorney's Office pweng�windsor.res 33l Resolution No. 94-331 Page 2 It was moved by Novick and seconded by Thro2morton the Resolution be adopted, and upon roll- call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton 3s� qL> �64- RESOLUTION NO. 94—,igg RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, ARLINGTON L.C., AND WINDSOR RIDGE HOMEOWNERS' ASSOCIATION FOR PLACEMENT OF AN ENTRANCE SIGN ON STREET RIGHT-OF-WAY WITHIN THE WINDSOR RIDGE DEVELOPMENT. WHEREAS, Arlington L.C. ("Arlington") is the subdivider of Windsor Ridge — Parts One, Two, Three and Four in Iowa City, Johnson County, Iowa; and WHEREAS, Arlington and the Windsor Ridge Homeowners' Association ("Homeowners' Association") have certain responsibilities, by reason of the subdivision agreements, for maintenance of certain portions of right-of-way within the development; and WHEREAS, Arlington and the Homeowners' Association seek City approval to locate a distinctive entrance sign within the Arlington Drive right-of-way, which is a city street located in the Windsor Ridge development; and WHEREAS, the public interest would be served in granting approval of an Agreement for Use of Public Right -of -Way in the following particulars: There would be no adverse effects on sight lines and traffic visibility; There would be no adverse effects on abutting properties; and A public purpose is served by the placement of signs which identify the development; and WHEREAS, the Department of Public Works has approved the location of the entrance sign; and WHEREAS, an Agreement for Use of Public Right -of -Way containing such conditions has been prepared and is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement for Use of Public Right -of -Way attached hereto is approved as to form and content. 2. The Mayor is authorized to execute and the City Clerk to attest the Agreement for Use of Public Right -of -Way, for and on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record said Agreement in the Johnson County Recorder's Office at Arlington's expense. Passed and approved this 25th day of nrrnt pr , 1994. ATTEST:— CITY -CLERK pweng\entsign.res �/,"W a,.4, -A S�xGc�alir. iOAYOR Approved b� ity Attorney's Office 332 Resolution No. 94 -332 - Page 2 It was moved by Novick and seconded by Throemorton the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x_ Baker g Horowitz X Kubby X Lehman Novick Pigott x_ Throgmorton 332- AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, ARLINGTON, L.C. AND WINDSOR RIDGE HOMEOWNER'S ASSOCIATION This Agreement is made by and between Arlington L.C., an Iowa corporation ("Arlington"), the City of Iowa City, Iowa, a municipal corporation ("City"), and the Windsor Ridge Homeowners Association, an Iowa non-profit corporation ("Homeowners Association"). WHEREAS, Arlington is the developer of certain real estate legally described as Windsor Ridge Subdivision; and WHEREAS, the Homeowners Association has certain responsibilities, by reason of the subdivision agreements, for maintenance of certain portions of right-of-way within the subdivision; and WHEREAS, Arlington and the Homeowners Association seek City approval to locate a distinctive entrance sign within the Windsor Ridge Subdivision street right-of-way; and WHEREAS, the public interest would be served in granting approval of an Agreement for Use of Street Right-of-way in the following particulars: 1) There would be no adverse effects on sight lines and traffic visibility; 2) There would be no adverse effects on abutting properties; and 3) A public purpose is served by the placement of signs which identify the Subdivision; and WHEREAS, the Department of Public Works has approved the location of the entrance sign; and WHEREAS, the City agrees to allow use of street right-of-way within the Windsor Ridge Subdivision for said purposes, subject to the terms and conditions herein. 332 2 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IT IS AGREED AS FOLLOWS: 1. Excepting those portions of American Legion Road within Windsor Ridge Subdivision, Arlington shall be allowed to install and the Homeowners Association shall maintain a sign within the Windsor Ridge Subdivision ("Subdivision"), subject to City approval of grading and placement of said sign. The sign shall be constructed and located according to the attached drawings, and shall be compatible with placement of sidewalks and street curbs. Arlington and the Homeowners Association further agree that the entrance sign shall be located with a minimum of a three (3) foot clearance from the street paving, and a minimum of a one (1) foot clearance from the sidewalks. 2. Arlington and the Homeowners Association agree the height of the entrance sign shall not exceed sixty (60) inches in height. 3. Arlington agrees to construct the entrance sign in a manner acceptable to the City. The Homeowners Association agrees to maintain the sign in good repair so as to minimize danger and preserve aesthetic appeal. 4. In the event that the entrance sign is to be replaced, for any reason, Homeowners Association agrees to replace said sign, subject to approval of the City Public Works Department. 5. Parties agree the City may require removal of the entrance sign upon reasonable notice to Arlington and the Homeowners Association pursuant to Section 364.12, Code of Iowa (1991). Upon such notice, Arlington and/or Homeowners Association agree to remove the sign from the City's right-of-way, or to relocate said sign to another location within the right-of-way acceptable to the City, and agree to do so within sixty (60) days after being so ordered. In the event Arlington and/or Homeowners Association fail to remove the sign, or fail to relocate said sign after being so ordered, the City may remove it and the cost thereof assessed against the property owned by the Homeowners Association in the manner provided in Section 364.12, Code of Iowa (1991) as a property tax. 332, 3 6. Parties agree that no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right-of-way for private purposes; and that the City may order said sign removed at any time if, for any reason, the City Council determines that the property upon which the sign is located should be cleared of any and all obstructions. 7. This Agreement shall be binding on the parties hereto as well as their successors and assigns, and shall be construed as a covenant running with the land and with the title to the land owned by the Homeowners Association, according to the Subdivider's Agreement and according to the Declaration of Homeowners Association separately established. 4-k Dated this ZS day of 1994. CITY OF IOWA CITY /— ARLINGTO , .C. By: Attest: 1J WIND By: App ove�� O'ity Attorney's Office 332 7� a A,IF NO - f L4)a r g[IT, ■ ■►■ ��� �� 111 �� rir• r�:� �i� IL- ■'ai.��� fes; -- frrar� 1 1 r �. -..- ., _ � r r � r r r 1 it r /:/(/ �/ / f• r I/ r r r r r r r •r r r .'/ ril i -5tr(r /I (! rn� {, /.. r r� r i I _ • I { A,IF NO - f L4)a r g[IT, ■ ■►■ ��� �� 111 �� rir• r�:� �i� IL- ■'ai.��� fes; -- frrar� 1 1 r �. -..- ., _ � r r � r r r 1 it r /:/(/ �/ / f• r I/ r r r r r r r •r r r .'/ ril i -5tr(r /I (! rn� {, /.. r r� r i I _ • y sn.at uur. 1 A 'a s ENTRANCE SIGN PLANAM MMS CONSULTMM, INc 10-6-94 now design :Q 4•• R ^lora CIIY• lora (3I9) 351-8282 vmpd nue: i i Arlington Dr., Windsor Ridge o..ly,ea cK 0.am trr. cnecl,ed er 8 O1 $ i IOWA C1TY,IOWA dam 33-' RESOLUTION NO. e4-111 RESOLUTION EXTENDING THE EXPIRATION DATE FOR THE AMENDED PRELIMINARY PLAT OF HUNTERS RUN SUBDIVISION, PART EIGHT. WHEREAS, on May 3, 1988, the City Council approved the amended preliminary plat for Hunters Run Subdivision, Parts Four through Nine; and WHEREAS, Section 14-713-2F of the Code of Ordinances of the City of Iowa City, Iowa, permits the City Council to extend the expiration date of preliminary plats upon written request of the subdivider; and WHEREAS, the City Council has received a written request to extend the expiration date of the amended preliminary plat of Hunters Run Subdivision, Part Eight; and WHEREAS, no additional regulations pertinent to this development have been adopted since the City Council approved the amended preliminary plat in 1988. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The expiration date of the amended preliminary plat of Hunters Run Subdivision, Part Eight, is hereby extended to May 3, 1996. Passed and approved this 95rh day of octnhPr , 1994. ATTEST: 2 CIT CLERK It was moved by Novick and seconded by adopted, and upon roll call there were: AYES: NAYS: Lehman the Resolution be ABSENT: X Baker X Horowitz x Kubby X Lehman Novick Pigott Throgmorton _X ppdadmin\twntem.ms 333 �a RESOLUTION NO. 94-334 RESOLUTION AUTHORIZING EXPENDITURE IN THE AMOUNT OF $50,000 FROM THE GENERAL FUND CONTINGENCY ACCOUNT FOR THE PURPOSE OF COMPLETING THE SCHEMATIC DESIGN AND COST ESTIMATING PHASE OF AN EXPANSION AND RENOVATION PROJECT PLANNED FOR THE IOWA CITY PUBLIC LIBRARY WHEREAS, a written building program developed with the consultant recommends adding space to the current library building; and WHEREAS, the Library Board desires to proceed with the next phase of a building renovation and expansion project; and WHEREAS, funding for this project was part of the FY95 budget request, and the contract between the Library Board and the architect has been approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Funds in the amount of $50,000 from the General Fund contingency account be allocated to complete schematic design and cost estimating phase of an expansion and renovation project for the Iowa City Public Library. Passed and approved this 25rh day of nrrn}.ar , 1994• ATTEST:_ 9C CITY CLERK Approved by ty AAttorney's Office IM It was moved by Thrng orrnn and seconded by the Resolution be adopted, and upon roll call there were: Iib\adminNibdwgn.r AYES: NAYS: ABSENT: Baker Horowitz X Kubby X Lehman X Novick Pigott Throgmorton 33y- Rcs j�, I,� RESOLUTION NO. 94-335 RESOLUTION ACCEPTING THE WORK FOR THE LIFT STATION AND FORCE MAIN IMPROVEMENTS FOR WINDSOR RIDGE - PARTS ONE, TWO, THREE AND FOUR, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Lift station and force main improvements for Windsor Ridge - Parts One, Two, Three and Four, as constructed by Maxwell Construction Inc. of Iowa City, Iowa; and WHEREAS, a maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 8th day of November \- 1994• MAYOR ATTEST: 7%h `K-11 ..r.✓ CITI CLERK Approve by ity Attorney's Office , y It was moved by r; gnrr and seconded by —Bakes— the Resolution be adopted, and upon roll call there were: pweng\lifts n.re AYES: NAYS: ABSENT: —%— Baker X Horowitz X_ Kubby X Lehman X Novick Pigott Throgmorton 3 Rs log RESOLUTION NO. 94_116 RESOLUTION ACCEPTING THE WORK FOR THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 1 WHEREAS, the Engineering Division has recommended that the work for construction of the Rohret Road Reconstruction Project, Phase 1 as included in a contract between the City of Iowa City and Metro Pavers, Inc., of Iowa City, Iowa, dated July 11, 1994, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of Noy mbar , 1994• /MAYOR ATTEST: CIT CLERK Approved by 40yAttorney's Office It was moved by Pigott and seconded by Kuhhy the Resolution be adopted, and upon roll call there were: pwenglrohretrd.res AYES: NAYS: ABSENT: x Baker g Horowitz g Kubby g Lehman X Novick X Pigott Throgmorton 3 3 ro )W� q" a« RESOLUTION NO. 94-337 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR WILD PRAIRIE ESTATES SUBDIVISION, PARTS 1 AND 2, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Wild Prairie Estates Subdivision, Parts 1 and 2, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Wild Prairie Estates Subdivision, Parts 1 and 2, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 8th day of November , 1994 / MAYOR ATTEST: CIT CLERK City torn ffice /,/_, -7/l/ It was moved by Pigott and seconded by Rnkor the Resolution be adopted, and upon roll call there were: pwang%wildpmr.res AYES: NAYS: ABSENT: _y_ Baker X Horowitz X Kubby X Lehman X Novick Pigott Throgmorton 331 q� �K RESOLUTION NO. 94-338 RESOLUTION AUTHORIZING EXECUTION OF A PRIVATE SANITARY SEWER SERVICE LINE EASEMENT AGREEMENT FOR CONNECTION TO CITY PUBLIC SANITARY SEWER BETWEEN ORRIS V. COOPER, JR., AND TIMOTHY R. SHIPE AND THE CITY OF IOWA CITY, IOWA. WHEREAS, Orris V. Cooper, Jr., a single person, is the owner of certain property located in Iowa City, Iowa, with a street address of 429 Ronalds; and WHEREAS, Timothy R. Shipe, a single person, owns adjacent property, with a street address of 423 Ronalds, in Iowa City, Iowa; and WHEREAS, this area contains several private sanitary sewer service lines which criss-cross various properties in the area, some of which are located under other properties including residential structures; and WHEREAS, these private sanitary sewer service lines have experienced considerable backups of late, with resulting concerns for health, safety and property values; and WHEREAS, after review of this area, the Iowa City Public Works Department has determined that the City should participate in resolving some of the private sanitary sewer problems by way of a public improvement project, with the owners paying their fair share of the costs; and WHEREAS, since 429 and 423 Ronalds Street now share a private sanitary sewer service line, without any formal easement agreement, the Iowa City Public Works Department and the City Attorney now find it in the public interest to have Cooper and Shipe, as owners of 429 and 423 Ronalds Street, respectively, reconfigure their private sanitary sewer service lines in order to avoid further problems with maintenance and backup, and also that these two property owners shall enter into a permanent easement agreement, with the City as a party, as a condition precedent to the City's permitting connection to the new public sanitary sewer line and manhole to be constructed along Van Buren between Church and Ronalds Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The private sanitary sewer service line easement agreement for connection to City public sanitary sewer between Orris V. Cooper, Jr., Timothy R. Shipe and the City of Iowa City, Iowa, attached hereto, is in the public interest, and is approved as to form and content. 2. The Mayor is hereby authorized to execute, and the City Clerk to attest, the easement agreement on behalf of the City of Iowa City, Iowa, for recordation in the Johnson County Recorder's Office, at Timothy R. Shipe's expense. Resolution No. 44-338 Page 2 Passed and approved this Rr_b day of November , 1994. MAYOR �. App v ATTEST: %�%!?.trJ v�r ✓ '`'�� CITY CLERK ity Attorney's Office It was moved by r;gorr and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: legallshipe.res NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 338 PRIVATE SANITARY SEWER SERVICE LINE EASEMENT AGREEMENT FOR CONNECTION TO CITY PUBLIC SANITARY SEWER This Easement Agreement is made between Orris V. Cooper, Jr., a single person ("Cooper/ Grantor/Lot X); Timothy R. Shipe, a single person ("Shipe/Grantee/Lot B"); and the City of Iowa City, Iowa, a municipal corporation ("City") WHEREAS, Cooper is the owner of certain property located in Iowa City, with a street address of 429 Ronalds, and to be referred to herein as "Lot A;" and WHEREAS, Shipe owns adjacent property, with a street address of 423 Ronalds, in Iowa City, Iowa, hereafter to be known as "Lot B;" and WHEREAS, this area contains several private sanitary sewer service lines which criss-cross various properties in the area, some of which are located under other properties including residential structures; and WHEREAS, these private sanitary sewer service lines have experienced considerable backups of late with rcauiting concorns for li.^-s! h „afety and property values; and WHEREAS, after review of this area, the Iowa City Public Works Department has determined that the City should participate in resolving some of the private sanitary sewer problems by way of a public improvement project, with the owners paying their fair share of the costs; and 337 -2 - WHEREAS, since Lots A and B now share a private sanitary sewer service line, without any formal easement agreement, the Iowa City Public Works Department and City Attorney now find it is in the public interest to have Cooper and Shipe, as owners of Lots A and B respectively, reconfigure their private sanitary sewer service lines in order to avoid further problems with maintenance and backup, and also that these two property owners shall enter into a permanent easement agreement, with the City as a party, as a condition precedent to the City's permitting connection to the new public sanitary sewer line and manhole to be constructed along Van Buren between Church and Ronalds Streets. NOW, THEREFORE, in consideration of their mutual promises herein, Cooper as Grantor and owner of Lot A, Shipe as Grantee and owner of Lot B, and the City of Iowa City, Iowa agree as follows: 1. Cooper, a single person, is owner of the following described property located in Johnson County, Iowa, hereafter described as "Lot A:" "Commencing at the northeast corner of Lot 1 in Block 51, in Iowa City, Iowa, according to the recorded plat thereof, thence south 100 feet, and west 40 feet, thence north 100 feet, thence east 40 feet to the place of beginning." 2. Shipe, a single person and Grantee herein, is the owner of the following described property located in Johnson County, Iowa, and hereafter referred to as "Lot B:" 339 -3 - "Beginning at a point 40 feet west of the northeast corner of Lot 1, Block 51, in Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa, thence south 100 feet, thence west 40 feet, thence north 100 feet, thence east 40 feet to the place of beginning." 3. Cooper, Shipe and City agree that there is an existing private sanitary sewer service line located on Shipe's property or Lot B, which now runs along Lot A in a southerly direction, and that Lot B has experienced numerous backup problems which create health and safety problems, and that it is in the public interest to resolve these problems with City participation. 4. In order to resolve these existing problems with private sanitary sewer service lines in this area, the City agrees as follows: a. Cooper will grant to Shipe a permanent private sanitary sewer service line easement of a width of 15 feet and centered along a line across Lot A, beginning at a point 29 feet north of the southwest corner of Lot A, thence to a point 15 feet east of the western boundary of Lot A and 20 feet north of the southern boundary of Lot A, thence east to the eastern boundary of Lot A, at an approximate depth of 8 - 10 feet, which will be for the beneficial and perpetual use of Shipe or Lot B in order to transfer sanitary sewer or wastewater from Lot B, across Lot A, and to connect to the new public sanitary sewer line to be constructed by the City along Van Buren Street. -4- b. City agrees to install an 8" sanitary sewer and two manholes running along Van Buren Street right-of-way, to be constructed by the City during the spring and summer construction season of 1994. C. Upon construction of the public sanitary sewer line, the City will permit Shipe and Cooper to install independent private sanitary sewer service lines to connect into the new public sanitary sewer, subject to Shipe/Cooper obtaining the appropriate connection permits from the City of Iowa City, Housing and Inspection Services Department, all as required by City ordinance and regulations pertaining thereto. d. The City agrees that as a condition precedent to the City's installation of this public sanitary sewer line and manholes along Van Buren, that Shipe and Cooper will enter into this private sanitary sewer service line agreement, and also agree to pay their appropriate fair share of the costs, to be determined by the Public Works Department. 5. Cooper, as owner of Lot A, agrees to do the following: a. To provide a permanent private sanitary sewer service connection line easement to Shipe as owner of Lot B, as a perpetual and permanent easement area, of a width of 15 feet and centered along a line across Lot A, beginning at a point 29 feet north of the southwest corner of Lot A, thence to a point 15 feet east of the western boundary of Lot A and 20 feet north of the southern boundary of Lot A, thence east to the eastern boundary of Lot A, hereafter "Easement Area," for the 33S -5 - perpetual use and enjoyment by Lot B of the Easement Area for a private sanitary sewer service line, in perpetuity. Cooper, as owner of Lot A, agrees that this easement agreement will be recorded in the Johnson County Recorder's Office, at Shipe's expense, and will be deemed a covenant running with the land and with the title to the land. b. Cooper as owner -of Lot A reserves the right to use the private sanitary sewer service easement for his own sanitary service line, so long as his use does not materially interfere with Lot B's use thereof. C. Cooper further reserves the right to use the Easement Area in any manner which will not inhibit repair or replacement of the private sanitary sewer facility or any appurtenances thereto, and also agrees not to use the Easement Area for any use which would inhibit Lot B's use of the Easement Area for conveyance of wastewater. d. Upon installation of the private sanitary sewer pipe by Shipe/Lot B, Cooper/Lot A agrees not to substantially change the elevation of the Easement Area, and further agrees to maintain the Easement Area in such a way that remaining cover (e.g. in the event of excavation) is sufficient to prevent the service line from freezing. e. Cooper/Lot A agrees that the grading of the property in the Easement Area shall not be to such a degree that sufficient cover or slope is altered, and further agrees not to damage the Easement Area in order to ensure perpetual use by Shipe/Lot B. 6. Shipe, as owner of Lot B agrees as follows: a. To install a 4" sanitary sewer service line across Lot A's property, and to thereafter perpetually maintain said private sanitary sewer service line at Lot B's own cost. b. After installation and in the event repair is required of the sanitary sewer service line, Shipe/Lot B agrees to pay any and all costs, and also to pay for any damage to the Easement Area above the private sanitary sewer line and to restore the Easement Area to its condition prior to any repairs. C. Shipe/Lot B agrees to install this private sanitary sewer across the Easement Area to a depth of no more than 8-10 feet, and to properly grade and seed or sod the area, all as required by Cooper/Lot A. 7. Parties agree that this private sanitary sewer service line is to provide access to the public sanitary sewer for the benefit of Lot B/Shipe, in order to hook onto the public sanitary sewer along Van Buren; that this realigned connection is needed in order to protect the safety, health and property values in the area; that Shipe and Cooper will be using the same private sanitary sewer easement area to hook their respective sewer lines into the new City 8" sanitary sewer line; and that this private sanitary sewer SS? -7 - easement area shall be reserved for the exclusive use of sanitary sewer or wastewater service lines, excepting however that other public utilities may cross the Easement Area only if placed perpendicular to the Area, but in no event shall other utilities be placed parallel to the Easement Area or to the private sanitary sewer service lines. 8. Parties agree that this easement agreement shall be deemed a covenant running with the land and with the title to the land, shall be recorded .in the Johnson County Recorder's Office at Shipe's expense, and shall be deemed to inure to the benefit of the properties described above, including their successors, assigns and interests. Dated this Rrh day of NnvPmhar , 1994. CITY OF IOWA CITY, IOWA By )Susan M. Horowitz, itz, Mayor ' Approved by: City Attorney s Offic �ZV, V GRANTEE: Timothy R. S W e, a single p son Attest: AZZA� Manan K. Karr, City Clerk 33 $ GRANTOR'S ACKNOWLEDGEMENT STATE OF IOWA ss: JOHNSON COUNTY On this /? day of 1994, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Orris V. Cooper, Jr., a single person, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed.. OFMIALWAL ., HMswAMM Ndw.. ggrIM77 Notary Public in and for the St a of Iowa Md Comm. Eap. Jur A 2996 GRANTEE'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of s�P,< , 1994, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Timothy R. Shipe, a single person, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary lic in am the State of Iowa N6NtOFlER1 vA6CNEN W CglIIIIS90N EXPIRES IS. If APff 21.19% 333 CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this f day of 19 9<F , before me, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say 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 (GrdiaaneeHResolution) No. 9, , 33 e passed by the City Council, on the 4'``` day of 1994, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa alcoopenea 339 \� RESOLUTION NO. 94-339 P� RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN MMS CONSULTANTS, INC. OF IOWA CITY, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR IMPROVEMENTS TO THE WASTEWATER TREATMENT COLLECTION FACILITIES. WHEREAS, it is in the public interest to minimize the number of lift stations within the wastewater treatment facility service area; and WHEREAS, the Village Green Lift Station is in need of major improvement; and WHEREAS, a more reliable and efficient wastewater treatment collection facility would result from combining the Village Green and Heinz Lift Stations; and WHEREAS, the City of Iowa City has negotiated an agreement with MMS Consultants, Inc.; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with MMS Consultants, Inc. for consulting services to provide improvements to Iowa City's wastewater treatment collection facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the Consultant Agreement with MMS Consultants, Inc., attached hereto and incorporated by reference herein, and said Agreement is hereby approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the agreement with MMS Consultants, Inc. Passed and approved this 8th day of November , 1994. 'ON e • p ved by // ATTESTCITY-CLERK . ER �C • jC City Attorney's Office C It was moved by Pieott and seconded by T ahman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott Throgmorton pwadmin\mmsagt.res 339 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this FIJI' day of lU� 1994, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and MMS Consultants, Inc. of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, it is in the public interest to minimize the number of lift stations within the wastewater treatment facility service area; and WHEREAS, the Village Green Lift Station is in need of major improvement; and WHEREAS, a more reliable and efficient wastewater treatment collection facility would result from combining the Village Green and Heinz Lift Stations; and WHEREAS, the City Council deems it in the public interest to enter into an agreement with MMS Consultants, Inc. for consulting services, to provide improvements to Iowa City's wastewater collection facilities. NOW, THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES 1. The City desires to construct improvements to the sanitary sewer system to serve the Southeast area of the City of Iowa City and a portion of Johnson County in the vicinity of the tributary watershed which flows into Snyder Creek near Scott Boulevard, hereafter referred to as the "Project Area" or Scott Boulevard Service Area. The Project Area includes approximately 406 acres east of Scott Boulevard and 342 acres west of Scott Boulevard, and bounded by Muscatine Avenue on the North and Highway 6 on the South. Table 1 below further describes the Area. Table 1 — Project Area Approximate Area of the Snyder Creek Tributary Watershed for Sanitary Sewer Service East and West of Scott Boulevard Total Area Developed Area Description (acres) (acres) Village Green and Village Green 156 78 South Subdivisions BDI Industrial Park 186 186 Undeveloped Area East of Scott 323 0 Boulevard 331 F, Total Area Developed Area Description (acres) (acres) Modern Manor and Sunrise Mobile 83 83 Home courts Total for the sub -basin referred to 748 347 herein as the Project 2. Consultant agrees this scope of services shall define the work to be performed by the Consultant. To this end, Consultant agrees to perform the following services for the City, and agrees to do so in a timely manner: A. Preliminary Design Phase Conduct an engineering study, including consideration of the existing force mains, existing sanitary sewers from the facilities in Village Green Subdivision and BDI Industrial Park, alternatives for a new lift station to combine the sanitary sewer system flows from Village Green, BDI and the Project Area located east of Scott Boulevard and consider the routing of a new trunk sewer segment (hereafter "Project Facilities" or "the Project"). 2. Include in the design criteria the Project Area, existing and proposed land use and an estimate of sanitary sewer flows from the Project Area east of Scott Boulevard. 3. Include the preliminary design values of size, location, depth and slope for the Project Facilities. 4. Furnish an opinion of right-of-way, temporary and permanent construction easement needs for Project Facilities. 5. Prepare total construction cost estimates, including attorney fees, plus estimated per acre tap -on -fee and possible construction schedule. 6. Furnish and discuss the preliminary design report and recommendations with City staff. 7. Incorporate City recommendations and submit five (5) copies of the completed design report to City staff. B. Final Design Phase Begin Final Design Phase after City approval of preliminary design phase. 1. Conduct field surveys of the routes and sites to obtain topographic data for design and construction of the Project Facilities. 2. Verify existing gravity sanitary sewer and lift station elevations. 337 3 3. Locate utilities in vicinity of proposed construction. 4. Attend meetings and discussions with City staff and property owners to obtain a decision on the final location of the Project Facilities. 5. Prepare final design calculations and construction drawings. 6. Prepare detailed construction specifications and contract documents using the City's standard specifications, modified as necessary to satisfy specific design considerations and for ultimate approval by the City Attorney. 7. Prepare electrical design and building design for the new Scott Boulevard lift station. 8. Submit and discuss construction drawings at the ten percent (10%) outline stage, and eighty -ninety percent (80-90%) final review stage with the City and local public utilities. 9. Prepare permit applications and correspondence for the Iowa Department of Natural Resources, Iowa Interstate Railroad and public utilities. 10. Prepare final cost estimates. 1 1 . Conduct property boundary surveys, and prepare easement descriptions and plats for use by City Attorney or legal services and appraisal services for construction of these facilities: a. Village Green sanitary sewer b. Scott Boulevard trunk sewer c. New Scott Boulevard sanitary sewer lift station d. Additions to existing force mains 12. Establish monuments or temporary markings on all tracts of land where easements are required for information of City, property owners and appraisal services. 13. Communicate with City staff and City legal services to effect recording of easements and plats. 14. Prepare public bidding forms and contract documents using City standardized formats, including notices. C. Bidding & Award Phase 1. Distribute plans and specifications to contractors after public hearing. 2. Prepare and distribute addenda as necessary. 339 3. Answer questions or give additional instructions to City staff and/or bidders, as necessary. 4. Distribute pre-bid notice to prospective contractors, and conduct a pre-bid meeting with the contractor(s), City staff and others. 5. Assist at the bid opening, tabulate the bids received, make an evaluation and provide a recommendation of the award of the contract. 6. Issue notice of award and obtain executed contract documents from successful bidder. D. Construction Phase 1. Conduct a pre -construction meeting with the contractor(s), City staff and others. 2. Perform construction layout staking, and provide the horizontal and vertical control for the construction. Provide temporary markings for the easements. 3. Review and comment on shop drawings. 4. Draft change orders for use by City staff. 5. Make periodic site visits to evaluate the selected contractor's activities and progress. This does not include daily inspection of the project. 6. Review the contractor's monthly requests for payment, and make recommenda- tions to the City. 7. Conduct or witness final inspections and tests of performance. Prepare a final punch list of incomplete work. 8. Measure final in-place quantities of the various items of construction, and recommend final payment to the contractor. 9. Prepare Record -of -Construction plans for the improvements from marked -up drawings prepared by City staff. 10. Attend periodic meetings and report to the City staff. 11. Send notice of completion to Iowa Department of Natural Resources. E. Additional Services The following additional services will be provided by the Consultant upon request, but only after separate proposals are requested by the City and prepared by Consultant. City will not pay for preparation of any such proposals, and Consultant will not request any such payment. When requested or authorized by the City in writing, 337 5 these additional services will be provided by Consultant on the basis of current hourly rates or a negotiated lump sum fee. 1. Daily project inspection services as requested by the City. F. Services or Expenses which shall be Provided by the City Furnishing of abstracting or legal services, and easement documents. 2. Recording of easements, including cost of recording. 3. Application and permit fees. 4. Costs payable to landowner(s) for easements. 5. Expenses for soil borings or soil investigations, if required. 6. Daily inspection of construction, monthly measurement and pay estimates, and monthly reports of construction progress. 7. Cost for printing and distribution of bidding documents, and issuance of addenda. G. Services not Included in this Proposal 1 . Environmental assessments and/or impact statements. 2. Investigation and/or mitigation of hazardous materials, if any. IL TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. A. Preliminary Design Phase: Six (6) weeks after written execution of this Agreement. B. Final Design Phase: Thirteen (13) weeks after City's approval of the Preliminary Design Report. C. Bidding Phase and Construction Phase: Schedule as determined by the City. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 339 6 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the Project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific Projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 339 L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. IV. COMPENSATION FOR SERVICES A. Preliminary Design Phase: The Consultant shall be paid a lump sum fee of $10,940.00 upon completion. B. Final Design Phase: The Consultant shall be paid a lump sum fee of $30,900.00 in four (4) payments according to progress reports submitted to and approved by the City. C. Bidding Phase: The Consultant shall be paid a lump sum fee of $2,140.00. D. Construction Phase: The Consultant shall be paid a lump sum fee of $11,665.00 in four (4) payments according to progress reports submitted to and approved by the City. E. Total Lumo Sum: $55 645.00 The above prices include an allowance for copies of the documents as follows: 1. Preliminary Report 5 copies 2. Easement Plats and Property Boundary Surveys 5 copies 3. Construction Drawings & Specifications 5 copies 4. Contract Documents 5 copies 5. Bidding Documents None 6. Record -of -Construction Drawings 3 copies V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. 33? u FOR THE CITY By:_� , Title: Mayor Date: November 8, 1994 ATTEST: -X 44,,4 c cadata\IegaRmms.agt ••THE K �-ftr Date: (t IS - 9 4 - �Approved by:� (�.. torney's Office Date 33? V f�> RESOLUTION NO. 94—.340 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT FOR JOINT EXERCISE OF LAW ENFORCE- MENT AUTHORITY. WHEREAS, the City deems it in the public interest to establish a procedure whereby the law enforcement agencies in the Iowa City, Johnson County and Linn County area may call upon one another for law enforcement assistance under certain circumstances, and WHEREAS, the City has negotiated a 28E Agreement, a copy of which is attached and incorporated herein, with Johnson County, the City of Coralville, Linn County, the City of Cedar Rapids, the City of Marion, the Iowa Sixth Judicial District Department of Corrections, and the Iowa Sixth Judicial District Juvenile Court, which formalizes the operational practices of the law enforcement agencies of the nine jurisdictions for the joint exercise of law enforcement authority in areas of mutual concern and in mutual aid of law enforcement services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . The Mayor is hereby authorized and directed to execute and the City Clerk to attest said 2BE Agreement for Joint Exercise of Law Enforcement Authority. 2. Upon execution by all parties, said 28E Agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. Passed and approved this 8th day of November , 1994. ATTEST: 4.1 ke:L� CIT LERK •01 0 - A prove y ` �4 City Attorneys Office It was moved by Krrhh� and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton police\la.nfre.res 3i-0 AGR&8M&NT o�I1 An agreement establishing mutual aid law enforcement 1� _ service between Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Corrections, and the Sixth Judicial District, Juvenile Court and authorizing local officials to perform thereunder. WHEREAS, Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Corrections, the State of Iowa, and the Sixth Judicial District, Juvenile Court are so located that it is to the advantage of each to extend aid to the others in respect to law enforcement services, and WHEREAS, it is recognized that the use of peace officers to perform police or peace officers' duties outside the territorial limits of the governmental unit where such officers are regularly employed may be desirable and imperative under certain circumstances to preserve and protect the public health, safety and welfare, and WHEREAS, Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Corrections, and the Sixth Judicial District, Juvenile Court hereafter referred to as governmental agencies, deem mutual aid law enforcement service to be in the best interests of the communities, and WHEREAS, the undersigned governmental agencies desire to%participate under a mutual aid law enforcement service plan with said other governmental agencies according to the terms and conditions hereinafter set forth, and 34a WHEREAS, said governmental agencies consider authority exists under Chapters 28D s 28E of the Iowa Code to enter into a mutual aid agreement to jointly perform the services hereafter enumerated: NOW THEREYORE IT IS AGREED between Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Corrections, and the Sixth Judicial, Juvenile Court to participate in a program of mutual aid law enforcement service under the provisions of Chapter 28E of the Code of Iowa, in accordance with the following terms and conditions: 1. Authorization Each agency does hereby authorize and direct its police chief, its sheriff, the director or the respective person commanding in their absence to render and request mutual law enforcement aid to and from the other cities and counties, as the case may be, to the extent of available personnel and equipment not required for adequate protection'of the governmental agency rendering aid. The judgement of the director, police chief and sheriff or officer commanding in his/her absence, of each governmental agency rendering aid as to the amount of personnel and equipment available shall be final. 2. Fever M- Authority Peace officers/employees who shall be commanded by their superior authority to maintain the peace or perform police duties outside the territorial limits of the unit which regularly employs such officers shall be under the direction and authority of the local commanding officer of the governmental agency to which they are called to perform duties, and shall be personnel of such governmental agency for purposes of final authority to perform such services (except as provided in paragraph 5 hereof). They shall have all powers and authority of peace officers in such jurisdiction as provided by law, including the power of arrest. 3, Qazp.neatien Mutual aid law enforcement service shall be rendered without charge to a member of this agreement; provided, however, that as a result of having furnished aid, should the assisting governmental agency be required to seek assistance from another non-member governmental agency or authority, which imposes a charge for same, then in that event, the governmental agency originally seeking such aid shall reimburse the assisting governmental agency in an amount equal to the charge imposed upon the assisting governmental agency by the non-member authority assisting it. 4. alas and Rela enm The police chiefs, the sheriffs and the director of the member governmental agencies to the agreement shall establish uniform rules and regulations for giving and receiving aid, subject to the approval of the governing body of each member governmental agency. A copy thereof shall be filed with the clerk and auditor of, each member governmental agency. The rules and regulations may be revised and amended from time to time by the police chiefs, sheriffs and director upon their unanimous agreement, subject to the approval of the governing body. Each revision or amendment shall be filed with the clerk and auditor of each member governmental agency to this agreement. S. Liability All wages and disability payments, pension and workmen's compensation claims and benefits, damage to equipment and clothing, and medical expense and all other claims and benefits in connection with duties outside the jurisdiction in accordance with terms of this agreement shall be the responsibility of the governmental agency regularly employing such peace officers. 6. This agreement shall become effective between governmental agencies upon the date of passage and execution by the last governmental agency which is a party to this agreement. The clerk, auditor or chief administrator of each member shall furnish the other member agencies copies of the resolution approving the 3q -l> agreement and authorizing execution, and a signed copy of the agreement shall be furnished to each party to the agreement. 7. R.e.rvatien to Rwcall The governmental agency herewith furnishing personnel and equipment to another governmental agency or agencies in accordance with the terms of this agreement shall have the right to recall personnel and equipment while the same are in service with the governmental agency or agencies being assisted at any time the sheriff, police chief, director or respective person commanding in their behalf determines that there is need for such personnel and equipment, or part thereof, in the jurisdiction of the governmental agency furnishing the assistance. Upon notification of the sheriff, police chief, director or person commanding in their behalf, of the governmental agency being assisted, such police chief, sheriff, director or commanding person shall release the personnel or equipment designated by the appropriate authority of the governmental agency furnishing the assistance either immediately or at such time designated by the authority of the governmental agency furnishing said assistance. The sheriff, police chief, director or commanding person releasing such people and equipment shall order same to report at time and place designated by authority of the governmental agency requesting said release.. S. T.rminatioa The agreement shall remain in full force and effect indefinitely until such time as a member governmental agency passes a resolution terminating this agreement, which date of termination shall not be less than M thirty (30) days after the date of passage of such resolution However, said agreement shall continue in force between other governmental agencies not terminating until same is likewise terminated by the remaining members. 9. Pvrpaee The purpose of this agreement and joint undertaking is to provide a mutual aid law enforcement service for the benefit of the governmental agencies _Wb participating hereunder, all as more particularly set forth in the preamble and the terms of this agreement. 10, ainaneina All financing will be handled by the individual agencies in the same manner for the respective expenditures for personnel and equipment as is now done independently, and no joint. financing or manner of financing is necessary to be established by the terms of this agreement. 11. Dianoeition of Property It is not required to set forth a method or methods to be employed for disposition of property upon partial or complete termination, as hereinbefore authorized, for the reason that all property will continue to be under the respective jurisdiction of the governmental agency owning same. 12. thine. ROen rdina and ARprnval This agreement shall be filed with the Secretary of State and recorded with the County Auditors. That further, each member governmental agency to this agreement shall be responsible to obtain such approval on its behalf as may be required under Chapters 28E of the 1993 Iowa Code, as amended. NOW THERWORZ IT IS AGREED, between Linn County, the e City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Corrections, and the Sixth Judicial, Juvenile Court to participate in a program of mutual aid law enforcement service under the provisions of Chapter 28D of the Code of Iowa, in accordance with the following terms and conditions: 1. Term-. �d Conditi ena The terms and conditions of this agreement are the same as set forth in paragraphs 1-12 of the preceeding agreement except as set forth below. 2. Additional Terme Pursuant to section 28D.3 of the Code of Iowa no employee shall be assigned or detailed under this portion of this agreement without the employee's expressed consent or by using undue coercion to obtain said Z4'D consent. Details relating to any matter covered by this portion of this agreement may be the subject of an agreement between the sending and receiving agencies. This agreement filed and dated by the respective parties } as follows: 4 1 Dated this day of , 1999 City of Cedar Rapids, Iowa City Clerk Dated this day of , 1999 City of Marion, Iowa Mayor City Clerk Dated this day of , 1999 Linn County Sheriff Chairperson Linn County Board of Supervisors Linn County Auditor Dated this day of , 1994 r i � City of Iowa City, Iowa ayor City Clerk Dated this day of , 1994 \�1 �� �i�, City of Coralville, Iowa �r v 1 Mayor City Clerk Dated this day of , 1994 Johnson County Sheriff Chairperson Johnson County Board of Supervisors Johnson County Auditor 3� Dated this Dated this day of , 1994 Sixth Judicial District Department of Corrections Director day of , 1994 Sixth Judicial District, Juvenile Court RESOLUTION NO. 94-341 RESOLUTION AUTHORIZING FUNDING OF ROOF REPLACEMENT PROJECT FOR THE AIRPORT TERMINAL BUILDING AND THE UNITED HANGAR BUILDING AT THE IOWA CITY MUNICIPAL AIRPORT. WHEREAS, the Iowa City Airport Commission has responsibility to maintain and improve the infrastructure at the Iowa City Municipal Airport; and, WHEREAS, the roofs on the Airport Terminal Building and the United Hangar Building have far exceeded their projected life expectancy and are in need of replacement; and, WHEREAS, the project is not fundable through the IDOT or FAA Airport Improvement Programs and must be funded locally, and WHEREAS, the Commission held a public hearing on the project and received the following three bids: a) D.C. Taylor Company $54,120 b) Jim Giese Commercial Roof Company $59,935 c) Maintenance Associates $69,450 and, WHEREAS, the Commission recommends the City Council accept the bid of D.C. Taylor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1 . The Mayor is authorized to sign and the City Clerk to attest the authorization to fund a roof replacement project for the Airport Terminal and United Hangar Building at the Iowa City Municipal Airport. 2. The Airport Commission recommends awarding the project to D.C. Taylor Company for $54,120, with a starting date of March 1, 1995. Passed and approved this 8th day of November 1994. ATTEST: 76 CITh"CLERK n\legal\ai rproof. res Approved by ity Attor ey's Offic 1115/�y 3.0 Resolution No. 94 -341. - Page 2 It was moved by Novick and seconded by Baker the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman v Novick x Pigott x Throgmor[on 3'f( RESOLUTION NO. 94_342 RESOLUTION ESTABLISHING A NON-REFUNDABLE FEE FOR THE REGISTRATION OF A DOMESTIC PARTNERSHIP IN THE CITY OF IOWA CITY, IOWA. WHEREAS, the City Council of the City of Iowa City has adopted a new Human Rights Ordinance that establishes a registry for Domestic Parterships; and WHEREAS, the payment of the aforementioned fees is necessary to offset the administrative costs of such activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT THE FOLLOWING FEE IS HEREBY ESTABLISHED: $30.00 per application Passed and approved this 8th day of November , 1994. 4" 71e --7 /J Approved y ATTEST: CITY CLERK City Attom 's Office It was moved by Baker and seconded by xubbv the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton civVegfee.res 35t -Z '!U'\ \ qe--� . 3 r& RESOLUTION NO. 94-343 RESOLUTION RELEASING AN EXISTING AND ACCEPTING A NEW PUBLIC WALKWAY EASEMENT LOCATED ON LOTS 9 AND 10, WEST SIDE PARK, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A NEW PUBLIC WALKWAY EASEMENT AGREEMENT FOR LOTS 9 AND 10 OF THE SAME PROPERTY WHEREAS, pursuant to a Conditional Zoning Agreement executed on September 3, 1991, the City possesses a Public Walkway Easement on Lots 9 and 10, West Side Park, Iowa City, Iowa; and WHEREAS, to increase flexibility in locating both development and the public walkway on the above property, the developer, West Side Company, requested the City release the existing easement on Lots 9 and 10, West Side Park, as recorded in Book 1748, page 273, and as designated and legally described on the plat attached hereto as Exhibit "A" and incorporated by this reference; and WHEREAS, the owner has agreed to enter into a new Public Walkway Easement Agreement, which is attached hereto and incorporated by reference herein, and to provide the City with a new public walkway easement covering a larger area as described in said Agreement; and WHEREAS, Public Works has recommended the release of the existing easement and the execution of a substituted easement agreement to comply with actual construction in the area due to amendments in construction plans; and WHEREAS, the substituted easement expands the existing public walkway easement area from .48 acre to 1.21 acres and allows for flexibility in the actual location of the public walkway after further development in the area; and WHEREAS, it is in the public interest to release the existing public walkway easement, accept the new easement and enter into a new Public Walkway Easement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it is in the public interest to release the existing easement, to accept the new location of the public walkway easement, and to enter into the new Public Walkway Easement Agreement, attached hereto, which is hereby approved as to form and content. 2. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the Public Walkway Easement described in Exhibit "A" attached hereto. 3. The Mayor is hereby authorized to sign and the City Clerk to attest the attached substitute Public Walkway Easement Agreement. ,3423 4. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached Exhibit "A" and Public Walkway Easement Agreement, said recording costs to be paid by the Owner of Lots 9 and 10, West Side Park. It was moved by Throgmorton and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: X X X X X X x Passed and approved this 22nd Approved by r � ity •-. - . n:lsamhVanduseXmpark.ms NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton _ day of November , 1994. AYOR ATTEST: CI CLERK ZLf3 KIM= MUM EM os 0 se a m 98APFOC scua w � F=so• ,1 sp VO EXHIBIT "A" NORTHEAST CORNER LOT 9, POINT OF BEGINNING \ 0.48 acres 1 ;\ I 4?\ I \ I ♦f� I I I W I ��I I I I I i I —37-63'r /N U-SC311 ,P, -__N9915_W_E _147.91'_// _ _ R - 210.00' �i-lea' s 991504 W 14675 Beginning at the Northeast Comer of Lot 9, West Side Paris to Iowa City, Iowa• in accordance \ the recorded plat thereof recorded in Plat Bank 24, at Page 45, Records of the Johnson \ County Recorder's Of&r, Thence S00105'29'W. clang the East fine of said Lot 9. 189.18 feel; Thence N89501'W, 37.63 feet; Thence S52'45'39'W, 100.92 feel to a Post which is 7.50 feel norma8y distant southerly of the South rine of the existing Slormwaler Detention Bass Easement: S� \ Thence 589435'04'W, along a Ise paraffel with said South line of the Slarmwoler Detention Bass Q Easement, 146.23 feel, to a Paint which is 7.50 feet normally distant southeasterly of the suwt mis PUBLIC WALKWAY EASEMENT Southeasterly line of Lot 10, of said West Side Perk; Thence S4216'33'W, along a line parallel MMS CoxsufTAxls, INC with said southeasterly line of Lot 10, 232.93 feet, to a Pohl on the Northeasterly Right -of -Way Right line. \ line of West Side Drive; Thence Northwesterly 15.58 feel. along said -of -Way an a 230.00 foal radius tura, concoct Southwesterly, whose 15.58 foot chord bears N6325'39'W, to \ a point which is 7.50 feet normally distant northwesterly of said Southeasterly line of Lot 10: ♦ � 1 Post whish is 7.50 feet normally distant Northerly of said South Ise of the existing Stormwaler \ Detention Bass Easement; Thence N89435'04'E, along a I'ne parallel with said South the of the I existing Stmanwaler Detention Bass Easement. 147.81 feet, to a Post which is 7.50 feel normally distant Northwesterly of the Centerline of a existing 20.00 foot wide Sanitary Sewer Easement; 1 / / 5 Sanitary Sewer Easement centerline; Thence ND09.5.29'E, 79.72 feel to a Post which is 7.50 feet w 8 normally distant Southwesterly of the Centerline of on existing 20 foot Sanitary Sewer Easement; Drawn &r dam Thence N40'5e20'W, 131.04 feel• along a line parallel with said Sanitary Sewer Easement Cenledine, to a Post an the North line of Lot 10, West Side Pork; Thence N89.37'07'E, along the North Ise of said Lot 10, and Lot 9, of West Side Park, 135.97 feet, to the Post of Beginning. a R - 210.00' �i-lea' PUBLIC WALKWAY EASEMENT CNB - N &175.39'W `with Beginning at the Northeast Comer of Lot 9, West Side Paris to Iowa City, Iowa• in accordance \ the recorded plat thereof recorded in Plat Bank 24, at Page 45, Records of the Johnson \ County Recorder's Of&r, Thence S00105'29'W. clang the East fine of said Lot 9. 189.18 feel; Thence N89501'W, 37.63 feet; Thence S52'45'39'W, 100.92 feel to a Post which is 7.50 feel norma8y distant southerly of the South rine of the existing Slormwaler Detention Bass Easement: S� \ Thence 589435'04'W, along a Ise paraffel with said South line of the Slarmwoler Detention Bass Q Easement, 146.23 feel, to a Paint which is 7.50 feet normally distant southeasterly of the suwt mis PUBLIC WALKWAY EASEMENT Southeasterly line of Lot 10, of said West Side Perk; Thence S4216'33'W, along a line parallel MMS CoxsufTAxls, INC with said southeasterly line of Lot 10, 232.93 feet, to a Pohl on the Northeasterly Right -of -Way Right line. \ line of West Side Drive; Thence Northwesterly 15.58 feel. along said -of -Way an a 230.00 foal radius tura, concoct Southwesterly, whose 15.58 foot chord bears N6325'39'W, to \ a point which is 7.50 feet normally distant northwesterly of said Southeasterly line of Lot 10: •om Thence N42}6'33'E. along a fine parallel with said Southeasterly fine of Lot 10, 243.71 feet, to a Post whish is 7.50 feet normally distant Northerly of said South Ise of the existing Stormwaler \ Detention Bass Easement; Thence N89435'04'E, along a I'ne parallel with said South the of the I existing Stmanwaler Detention Bass Easement. 147.81 feet, to a Post which is 7.50 feel normally distant Northwesterly of the Centerline of a existing 20.00 foot wide Sanitary Sewer Easement; 1 Thence N5245'39'E, 91.81 feel, to a post which is 7.50 feel, normally distant Northwesterly of said Sanitary Sewer Easement centerline; Thence ND09.5.29'E, 79.72 feel to a Post which is 7.50 feet w 8 normally distant Southwesterly of the Centerline of on existing 20 foot Sanitary Sewer Easement; Drawn &r dam Thence N40'5e20'W, 131.04 feel• along a line parallel with said Sanitary Sewer Easement Cenledine, to a Post an the North line of Lot 10, West Side Pork; Thence N89.37'07'E, along the North Ise of said Lot 10, and Lot 9, of West Side Park, 135.97 feet, to the Post of Beginning. a Said tract of land contains 0.48 oum more or less, and is subject to easements and restrictions � of record. 3'(-3 �g a suwt mis PUBLIC WALKWAY EASEMENT MMS CoxsufTAxls, INC 8 -" •om a� Iowa City. Iowa (3I9) 351-8292 Project ntw. 0 R I IDT 9 & 10 WEST SIDE PARK w 8 9.dga.e ey. CMS Drawn &r dam awrt.a by cis -IOWA a CITY, IOWA � 3'(-3 PUBLIC WALKWAY EASEMENT THIS AGREEMENT, made and entered into by and between West Side Co., an Iowa Corporation, hereinafter referred to as Owner, which expression shall include its successors in interest and assigns; Smith -Moreland Properties, an Iowa general partnership, hereinafter referred to as Developer, which expression shall include its successors in interest and assigns; and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as City, which expres- sion shall include its successors in interest and assigns. IT.IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable considera- tion, receipt of which is hereby acknowledged, the Owner and Developer hereby grant to the City an easement for the pur- poses of public pedestrian and bicycle access as well as for excavating for and the installation, replacement and use of a public sidewalk over and across the real estate legally described and illustrated on the Public Walkway Easement attached hereto and incorporated by this reference (hereinafter "easement area"). The Owner and Developer further grant to the City the following rights in connection with the above Public Walkway Easement: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of 31f-3 -2 - said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim and cut down and clear away all trees and brush in said easement area and on either side of the easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the ease- ment area. The City shall indemnify Owner and Developer against unreasonable loss or damage which may occur in the negligent exercise of its rights to excavate the area and install the public sidewalk. The Owner and Developer reserve a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and Developer shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any wells; or construct any reservoirs or other obstructions on said area; or diminish or substan- tially add to the ground cover over said easement area. Owner and Developer shall maintain the easement area, and keep it open to the public, in good repair and free from nuisance. The City shall have no responsibility for main- taining the easement area. Owner and Developer agree to in- demnify, defend and hold the City harmless from any claim or 34/3 -3 - cause of action for injuries or damage arising from Owner and Developer's failure to maintain said easement area. As required by the Conditional Zoning Agreement dated September 3, 1991, and recorded in Book 1281, Page 179 in the Johnson County Recorder's office, Developer has de- posited, in escrow, an amount equal to the cost of constructing a six foot wide concrete sidewalk in the ease- ment area. The Developer shall have the obligation to con- struct the sidewalk. Once said sidewalk has been con- structed, the Owner and Developer shall maintain the side- walk as set forth above. The Owner and Developer hereby covenant with the City that Owner is lawfully seized and possessed of the real estate above described and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. Alf SIGNED this A li day of %UO (/e P --k — , 1994 . WEST SIDE Gd , aA Iowa and 0 343 STATE OF IOWA SS. JOHNSON COUNTY -4- SMITH-MORELAND PROPERTIES, an Iowa general partnership BY: g9j= W J n W. Moreland, Jr., General Partner CITY OF IOWA CITY, IOWA, a municipal corporation BY: -A . i Susan M. Horowitz, Ma BY: e 7i" Marian K. Karr, City Clerk On this �� day of 110V*-_ vM be_,- , 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl M. Yoder, to me personally known, who being by me duly sworn did say that he is the President and Treasurer of the corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Earl M. Yoder as officer acknowledged the execution of the foregoing in- strument to be the voluntary act and deed of the corpora- tion, by it and by him voluntarily executed. ,,41%1 wap, ss"a°No��siES May 7.1998 /1'.� 'D kj�tary Public in and or the State of Iowa 3','3 STATE OF IOWA SS: JOHNSON COUNTY -5 - On this OL 15't' day of N6U6'n6e4' , 1994, before me, the undersigned, a Notary Public in and for the state, per- sonally appeared John W. Moreland, Jr. to me personally known, who being by me duly sworn, did say that the person is one of the partners of Smith -Moreland Properties, an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntary executed. &02Q E. LYlIN HUSS MY CCMMI.^: ICY EXPIRES i' S JANUARY 14,1997 STATE OF IOWA ) ) SS. JOHNSON COUNTY ) Notary Public in and for the State of Iowa On this 22 nd day of(ice in- 1994, before me, the undersigned, a Notary Public n and for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City" Clerk, respec- tively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corpora- tion by authority of City Council of said municipal corpora- tion; and that the said Susan Horowitz and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa r:34al957.rst C / I f0Y6f: y S OfflC 343 LOT 9. POINT OF BEGINNING WIN OT I ro r S70RMWATER DETENTION _ _ _ _ _ _ _ _ >7y _ _ _ _ - - - - _ - - BASIN EASEMENT �j e; o- _ - _ _ I •"j ' I ry17, � I P6ma5fD 15' / O� I FA 1110 % 6Y1✓ 7.50' M1IiN 9 I mt. M " S4aTA9v " 7.50 ustrwr EASONG map' -- " P arum E1. MT I I �� 1 T = 779' v �O T . 7.79' 15.58' � ICH -15.58' l/(j�01rn \ `CH ` B -146375'51"N �O / O" I I Beginning at the Northeast Corner of Lot 9, Vest Side Park, to Iowa Clty, Iowa I ^\ ` In accordance with the plat recorded In Plat Book 24, at page 45, of the v records of the JaMm sCounty Recorder's Offinel Thence S00.05.29'V, along the i\ East Line OF sold Let 9, 189.18 feet, Thence NE9'54.3t'V; 37.63 feet) Thence ` S52'45'39'V, 100.93 Feet to a point which Is 7.5D feet normally distant southerly of the South Line of the existing Stornwater Detention Basin SUhVEYA ` EaslwF ,G Easement, Thence S89'35'04'V, along a Line porallel with sold South Line r. nno•• r mutt 146.23 feet to a point which Is 7.50 feet normally distant southeasterly of \\ , Ewmmir the Southeasterly Ilne of Lot 10, Vest Side Poral Thence S42.16'33'V, along a I HEREBY CERTIFY THAT THIS PLAT, MAP, SURVEY OR tine parallel with said southeasterly line of Lot 10, 232.92 feet, ta'a point REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT oa the Northeasterly Right -of -May Line 0P Vest Side Drive, Thence SUPERVISION, AND THAT I AM A DULY REGISTERED Northwesterly 15.58 Feet, along said Right -of -Way Line, on a 230.00 foot radius curve, concave Southwesterly, whose 15.58 Fact card bears N63.25'51'V, LAND SURVEYOR UNDER THE LAWS OF THE STATE OF to a point which Is 7.50 feet normally distant northwesterly of sold IOWA. Southeasterly tine of said Lot 10, Thence N42'16.33'E, along a line parallel with sold Southeasterty Line of lot 10, 243.71 feet, to o Point which Is 7.50m 19 6 d feet normally distant Northerly of said South line of the existing Starater ROBERT D. ICK DN,R G 140. 7036 DATE Detention Basin Easement, Thence N89.35'04'E, along a line parallel with said South Line of the existing Stornwater Detentlm Basin Easement, 57.75 Feet, MY REGISTRATI N EXPIRES, DECEMBER 31, 19�- Thence NOO.22.53•V, 234.46 feet, to a point m the North Line of Lot 10, Vest Side Park, Thence N09.37'07'E, along said North Line of Lot 10 and Lot 9, Vest 11� ���111 ,✓ ,m : Side Park, 215.00 feet, to the Point of Beginning. Said tract ai land SIG ED BEFORE ME/TWIJ�DAY,G�U 57 �'. 9 0ntalns 1.21 acres, more or less, and Is subject to easements and T �! I, f �- " ��� gUIGANOtpmwctions of records. NOTARY PUBLIC, IN AND FOR THE STATE 0 Y Fmk+ n,. T i P i _ l a . " IIS Fmp� 9 o R n Sheet rim PUBLIC WALKWAY EASEMENT M MMS CoNsumms, INC IOWA City. iawa-_(319) 551-9282 D..lgned by. Dram by. Chocked by CMS dDM CMS 31 11-4-94 REV SE EASMENT Propal illb._ �... LOT 9 & 10 WEST SIDE PAR IOWA CITY001 �. IOWAIN z o - RESOLUTION NO. 94-344 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE PUBLIC WALKWAY EASEMENT FOR LOTS 8, 9, 10 AND A PORTION OF LOT 15, WEST SIDE PARK, AN ADDITION TO IOWA CITY, IOWA WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"), West Side Company, an Iowa Corporation (hereinafter "Owner") and Smith -Moreland Properties, an Iowa General Partnership (hereinafter "Developer") entered into a Conditional Zoning Agreement, dated September 3, 1991, and recorded in the Johnson County Recorder's Office in Book 1281, Page 179; and WHEREAS, pursuant to the conditional rezoning of certain real property located in West Side Park Addition, the above -noted Conditional Zoning Agreement provided, in part, that a lien could arise against any of the rezoned property in the case where the City exercised its option to construct certain required walkways in the northwest and northeast comers of West Side Park Addition; and WHEREAS, the above -noted Conditional Zoning Agreement also provided forthe establishment of an escrow, by the Developer, in an amount equal to the cost of constructing a six-foot wide concrete sidewalk in the easement area should said public walkway fail to be completed prior to the Developer's application for a building permit; and WHEREAS, in the interim, a lien remains on Lots 8, 9, 10 and a portion of Lot 15 with a cloud on the titles to all lots in the development; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the Partial Release Agreement would remove the cloud on the title to Lots 8, 9, 10 and a portion of lot 15, while protecting the City by reason of the lien attaching to an established escrow fund, said escrow fund to be established and maintained by the City Finance Department; and WHEREAS, the remaining requirements set forth in the Conditional Zoning Agreement would continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to execute the Partial Release Agreement for Lots 8, 9, 10 and a portion of Lot 15, West Side Park Addition, in order to protect local property values. 2. The Council finds that transferring the real estate lien to the escrow account is reasonable under the circumstances and protects the City's interests. 3. The Mayor is hereby authorized to execute and the City Clerk to attest the Partial Release Agreement, a copy of which is attached hereto. Developer shall record this agreement in the Johnson County Recorder's Office. 4. Upon certification from the City Engineer that construction of the public walkway pursuant to the Condition Zoning Agreement and substitute Public Walkway Easement Agreement, executed on or about November 22, 1994, has been satisfactorily completed, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorders Office. It was moved by Throgmorton and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: X NAYS: I� Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 22nd day of November , 1994• ATTEST: 2? �J 7C • 7��J CITY CLERK samhllwduselwpparkrel.ms MAYOR ;yAtttto prove by: y ey's c /I ,I- 1? PARTIAL RELEASE AGREEMENT FOR LOTS 8, 9, 10 AND THE SOUTH 10 FEET OF LOT 15, WEST SIDE PARK, AN ADDITION TO THE CITY OF IOWA CITY, IOWA This Partial Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"), West Side Company, an Iowa Corporation (hereinafter "Owner") and Smith -Moreland Properties, an Iowa General Partnership (hereinafter "Developer"). IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The parties acknowledge that by reason of a Conditional Zoning Agreement for West Side Park, an Addition to the City of Iowa City, Iowa (hereinafter "Development") dated September 3, 1991, and recorded in the Johnson County Recorder's Office in Book 1281, Page 179, Developer and Owner are obligated to dedicate and construct a public walkway as required by said conditional rezoning and as a benefit to the Development. The parties further acknowledge that this obligation is deemed a covenant running with the land. 2. The parties acknowledge that $12,000.00 has been placed in escrow with the City for West Side Park Addition. The parties further acknowledge that this escrow is being retained by the City pending completion of the public walkway, as certified by the City Engineer. 3. The City acknowledges that dedication of a public walkway easement has been completed through the execution of a Public Walkway Easement Agreement. However, construction of the public walkway is not completed, and final release of the West Side Park Addition by City is not yet appropriate. For this reason, the Conditional Zoning Agreement and Public Walkway Easement Agreement constitute a lien and cloud on the property in the Addition. 4. In consideration of the City's release of its lien on Lots 8, 9, 10 and the south 10 feet of Lot 15 of the property, Developer agrees that the lien on these lots in the Addition shall be transferred to and shall immediately attach to the escrow for this property, and that this lien shall remain attached to the escrow until such time as the Public Walkway has been completed, in the opinion of the City Engineer. At such time, the City will issue a final release for all lots in the Addition to the Owner and Developer for recordation. 5. Developer agrees that said escrow will be retained until all work on the Public Walkway has been completed and the Public Walkway is finally released by the City as provided above. 6. In consideration thereof, the City does hereby release Lots 8, 9, 10 and the south 10 feet of Lot 15, West Side Park Addition, from any lien or cloud now placed on the title to the above property for the purposes stated in paragraphs 1 through 4 above, and &7' arising out of the agreements referenced in paragraphs 1 and 3 above. 7. This Partial Release Agreement shall not be construed as a release of Developer's obligations to complete other obligations pursuant to the Conditional Zoning Agreement or Public Walkway Easement Agreement as referenced above, and all such other responsibilities shall remain until finally released by the City. Dated this < day of P! ✓PM , 1994 SMI ORELANDPROPERTIES BY: 0^` n CITY OF IOWA CITY, IOWA Suh - Su an MJ . Horowitz, Mayor Attest:.y Marian K. Karr, City Clerk -51y 3q* STATE OF IOWA SS. JOHNSON COUNTY � ,�� /- On this a Sday of "laye✓wbec , 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl M. Yoder, to me personally known, who being by me duly sworn did say that he is the President and Treasurer of the corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Earl M. Yoder as officer acknowledged the execution of the foregoing in- strument to be the voluntary act and deed of the corpora- tion, by it and by him voluntarily executed. YY COMMISSION EXPIRES ON May 7,1998 • STATE OF IOWA SS: JOHNSON COUNTY dA� o ary Public in and 4fotheL State of Iowa On this ;I' day of N�Vfcn6e,- , 1994, before me, the undersigned, a Notary Public in and for the state, per- sonally appeared John W. Moreland, Jr. to me personally known, who being by me duly sworn, did say that the person is one of the partners of Smith -Moreland Properties, an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntary executed. SYV- KELr'N "COM3:Ot7E:. IBESJpNUARY14.1997 Notary Public in and for the State of Iowa SYV- I'. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 22-�-day of November, 1994, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly swom, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. s17'ChQ7- Notary Public in and for the State of Iowa aJQ") RESOLUTION NO. 94-345 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, VILLAGE GREEN SOUTH L.C. AND VILLAGE GREEN SOUTH HOMEOWNERS' ASSOCIATION FOR PLACEMENT OF AN ENTRANCE SIGN ON STREET RIGHT -OF -WAV WITHIN THE VILLAGE GREEN SOUTH DEVELOPMENT. WHEREAS, Village Green South L.C. ("Village Green South") is the subdivider of Village Green South - Parts 3A, 3B, 4A and 4B in Iowa City, Johnson County, Iowa; and WHEREAS, Village Green South and the Village Green South Homeowner's Association ("Homeowner's Association") have certain responsibilities, by reason of the subdivision agreements, for maintenance of certain portions of right-of-way within the development; and WHEREAS, Village Green South and the Homeowner's Association seek City approval to locate a distinctive entrance sign within the Wintergreen Drive right-of-way, which is a City street located in the Village Green South development; and WHEREAS, the public interest would be served in granting approval of an Agreement for Use of Public Right -of -Way in the following particulars: 1 . There would be no adverse effects on sight lines and traffic visibility; 2. There would be no adverse effects on abutting. properties; and 3. A public purpose is served by the placement of signs which identify the development; and WHEREAS, the Department of Public Works has approved the location of the entrance sign; and WHEREAS, an Agreement for Use of Public Right -of -Way containing such conditions has been prepared and is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement for Use of Public Right -of -Way attached hereto is approved as to form and content. The Mayor is authorized to execute and the City Clerk to attest the Agreement for Use of Public Right -of -Way, for and on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record said Agreement in the Johnson County Recorder's Office at Homeowner's Association expense. Passed and approved this 99nd day of Nom , , 1994. ATTEST: �.L•t� CITY CLERK pweng\vlgrn.ree MAYOR //-/ 7- 9�/ 3*5 Resolution No. 94-945' Page 2 It was moved by Thrnomnrt and seconded by �;r the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: v Baker Horowitz g Kubby x Lehman X Novick X Pigott v Throgmorton 3�5 Iit AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, VILLAGE GREEN SOUTH, L.C. AND VILLAGE GREEN SOUTH HOMEOWNERS ASSOCIATION This Agreement is made by and between Village Green South, L.C., an Iowa corporation (Village Green South), the City of Iowa City, Iowa, a municipal corporation ("City"), and the Village Green South Homeowners Association, an Iowa non-profit corporation ("Homeowners Association"). WHEREAS, Village Green South is the developer of certain real estate legally described as Village Green South Subdivision; and WHEREAS, the Homeowners Association has certain responsibilities, by reason of the subdivision agreements, for maintenance of certain portions of right-of-way within the subdivision; and WHEREAS, Village Green South and the Homeowners Association seek City approval to locate a distinctive entrance sign within the Village Green South Subdivision street right -of -Way; and WHEREAS, the public interest would be served in granting approval of an Agreement for Use of Street Right -of -Way in the following particulars: 1) There would be no adverse effects on sight lines and traffic visibility; 2) There would be no adverse effects on abutting properties; and 3) A public purpose is served by the placement of signs which identify the subdivision; and WHEREAS, the Department of Public Works has approved the location of the entrance sign; and WHEREAS, the City agrees to allow use of street right-of-way within the Village Green South Subdivision for said 'purposes, subject to the terms and conditions herein. f 3 `�s NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IT IS AGREED AS FOLLOWS: 1. Excepting those portions of Scott Blvd. within Village Green South Subdivision, Village Green South shall be allowed to install and the Homeowners Association shall maintain a sign within the Village Green South Subdivision ("Subdivision"), subject to City approval of grading and placement of said sign. The sign shall be constructed and located according to the attached drawings, and shall be compatible with -placement of sidewalks and street curbs. Village Green South and the Homeowners Association further agree that the entrance sign shall be located with a minimum of a three (3) foot clearance from the street paving,and a minimum of a one (1) foot clearance from the sidewalks. 2. Village Green South and the Homeowners Association agree the height of the entrance sign shall not exceed sixty (60) inches in height. 3. Village Green South agrees to construct the entrance sign in a manner acceptable to the City. The Homeowners Association agrees to maintain the sign in good repair so as to minimize danger and preserve aesthetic appeal. 4. In the event that the entrance sign is to be replaced, for any reason, Homeowners Association agrees to replace said sign, subject to approval of the City Public Works Department. 5. Parties agree the City may require removal of the entrance sign upon reasonable notice to Village Green South and the Homeowners Association pursuant to Section 364.12, Code of Iowa (1991). Upon such notice, Village Green South and/or Homeowners Association agree to remove the sign from the City's right-of-way, or to relocate said sign to another location within the right-of-way acceptable to the City, and agree to do so within sixty (60) days after being so ordered. In the event Village Green South and/or Homeowners Association fail to remove the sign, or fail to relocate said sign after being so ordered, the City may remove it and the cost thereof assessed against the property owned by the Homeowners Association in the manner provided in Section 364.12, Code of Iowa (1991) as a property tax. I I 345 6. Parties agree that no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right-of-way for private purposes; and that the City may order said sign removed at any time if, for any reason, the City Council determines that the property upon which the sign is located should be cleared of any and all obstructions. 7. This Agreement shall be binding on the parties hereto as well as their successors and assigns, and shall be construed as a covenant running with the land and with the title to the land owned by the Homeowners Association, according to the Subdivider's Agreement and according to the Declaration of Homeowners Association separately established. Dated this 221 day of -,nugxnLe , 1994. CITY OF IOWA CITY VILLAGE GREEN SOUTH By: Attest: VILLAGE GREEN SOUTH HOMEOWNERS ASSOCIATION Approved By: 34-{5 CONCRETE GAP PRICK WALL - RUNNING BOND A" LIMESTONE SIGN W/S" ENGRAVED LETTERS — VILLAGE GR' EEN Y -W PRICK PILASTER 1 J ►o — 10•x —.t— 1sx — �IM CF UNE L QUA 8' CONCRETE WALK cp 'lip SCOTT9 SCOTT BOULEVARD N 10 0 a' N o „g v s.x nne ENTRANCE SIGN PLAN m MMS CONMT M, INC b.a p1K io�a (319) 731-52ai ,n � Re nnc VILLAGE GREEN SOUTH IOWA CITY, LORA 8 i p,/rrY.pK PVA 6a� Op Cnm �bM by PVA bvW Pvt5 '�r4 RESOLUTION NO. 94-346 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF VILLAGE GREEN, PART XIII, INCLUDING A RESUBDIVISION OF A PART OF VILLAGE GREEN, PART III, IOWA CITY, IOWA. WHEREAS, the owner, Village Partners, filed with the City Clerk the final plat of Village Green, Part XIII, including a resubdivision of a part of Village Green, Part III, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa: Commencing at the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89053'53"W, along the South Line of said Southeast Quarter, 1308.29 feet, to a %" iron pin found; Thence S89157'00"W, along said South Line, 224.46 feet, to the Southeast Corner of Village Green, Part XII, as Recorded in Plat Book 32, at Page 313, of the Records of the Johnson County Recorder's Office; Thence N00103'00"W, along the Easterly Line of said Village Green, Part XII, 84.82 feet; Thence N08058'49"E, along said Easterly Line of Part XII, 136.86 feet; Thence N39°29'01 "E, along said Easterly Line of Part XII, 403.02 feet, to the POINT OF BEGINNING; Thence N26°03'33"W, along said Easterly Line 216.55 feet; Thence N47030'51 "W, along said Easterly Line of Part XII, 148.25 feet; Thence N08100'39"W, along said Easterly Line of Part XII, 250.42 feet; Thence N26103'33"W, along said Easterly Line of Part XII, 223.48 feet; Thence N33108'1 9"W, along said Easterly Line of Part XII, 17.19 feet, to the Northeast Corner of said Village Green, Part XII, and the Southeast- erly Corner of Lot 66, of Village Green, Part Three, as Recorded in Plat Book 11, at Page 14, of the Records of the Johnson County Recorder's Office; Thence N26026'56"E, 213.52 feet, to a 1 -inch iron pipe found at the Southernmost Corner of Lot 87, of Village Green, Part V, as Recorded in Plat Book 14, at Page 99, of the Records of the Johnson County Recorder's Office; Thence N79118'05"E, along the Southerly Line of said Village Green, Part V, 130.00 feet; Thence N49°09'35"E, along said Southerly Line of Part V, 130.00 feet, to a %-inch iron pin found at the Southwesterly Corner of Village Green, Part VII, as Recorded in Plat Book 15, at Page 33, of the Records of the Johnson County Recorder's Office; Thence N85030'27"E, along the Southerly Line of said Part VII, 15.07 feet; to a %-inch iron pin found; Thence S63151'24"E, along said Southerly Line of Part VI, 210.00 feet, to a %-inch iron pin found; Thence N45108'36"E, along the Easterly Line of said Part VII, 237.42 feet, to the Southwesterly Corner of Village Green, Part XI, as Recorded in Plat Book 30, at Page 64, of the Records of the Johnson County Recorder's Office; Thence S44051'24"E, along the Southerly Line of said Part XI, 185.00 feet; Thence N45 008'36"E, along said Southerly Line of Part XI, 21.46 feet; Thence S44° 51'24"E, along said Southerly Line of Part XI, 120.00 feet, to the Southernmost Corner of Lot 35, of said Part XI; Thence S45008'36"W, 108.82 feet; Thence S35008'28"W, 117.85 feet; Thence S23047'26"W, 152.69 feet; thence Northwesterly 247.93 feet, along a �� Resolution No. 94-346 Page 2 760.49 foot Radius Curve, concave Southwesterly, whose 246.84 foot chord bears N75032'57"W; Thence S05106'40"W, 38.75 feet; thence S02051'05"E, 119.31 feet; Thence S77139'16"W, 97.35 feet; Thence Southeasterly, 87.48 feet, along a 530.07 foot Radius Curve, concave Northeasterly, whose 87.38 foot chord bears S17104'25"E; Thence S21 °48'05"E, 71.05 feet; Thence Southeasterly, 80.56 feet, along a 292.58 foot Radius Curve, concave Southwesterly, whose 80.31 foot chord bears S13154'47"E; Thence S06001'29"E, 63.40 feet; Thence Southeasterly, 121.16 feet, along an 87.98 foot Radius Curve, concave Northeasterly, whose 111.81 foot chord bears S45128'41 "E; Thence S84155'53"E, 52.33 feet; Thence Southeasterly 62.61 feet, along a 354.40 foot Radius Curve, concave Northeasterly, whose 62.53 foot chord bears S89159'34"E; Thence S05003'16"E, 50.00 feet; Thence S02017'51"E, 165.44 feet; Thence N75 007'36"W, 332.70 feet, to the POINT OF BEGINNING. Said Tract of Land Contains 11.57 Acres, more or less, and is Subject to easements and restrictions of Record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved, subject to the legal papers for the final plat addressing the provision of adequate sanitary sewer capacityfor the development, drainage for dwellings with basements and the removal of snow from the sidewalks on Somerset Lane; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the Resolution No. 94-346 Page 3 legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 22nd day of November 1994.x_ MAYOR � 9•rayed by e ATTEST: / %//O Ani CITY CLERI: City Attorneys . e It was moved by Novick and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker g Horowitz X Kubby X Lehman X Novick x Pigott x Throgmorton ppdadmin\vg-xilres J'�O 6 (�, t3 I,—, RESOLUTION NO. 94-347 RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION WHEREAS, on October 22, 1993, Debbie Olson, through her attorney Martin Diaz, filed an action in the Iowa District Court in and for Johnson County, for injuries sustained in a fall on city -owned property on Madison Street in Iowa City; and WHEREAS, in an effort to save expenses of prolonged litigation, the parties have negotiated a settlement agreement, which both parties feel is in the public interest; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Plaintiff Olson in the amount of $30,000.00 in full satisfaction of the pending lawsuit against the City in the above case and in consideration for Plaintiff's full release and dismissal of lawsuit, Docket No. 55272. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above-named action should be and is settled for the sum of $30,000.00 as of November 14, 1994, payable to Debbie Olson and Martin A. Diaz, her attorney of record, in full satisfaction of the pending lawsuit, Docket No. 55272. 2. The City Council for the City of Iowa City, Iowa hereby specifically approves said settlement as being in the best interest of the City of Iowa City. 3. The settlement is hereby ratified, contingent, however, upon Plaintiff Debbie Olson's execution of an appropriate Release and Satisfaction, and upon the execution of an appropriate Release and Satisfaction by the subrogated insurer, Blue Cross and Blue Shield, for payments made to medical providers on Plaintiff's behalf, both of which shall be filed with the Clerk of Court for Johnson County District Court in the above action. Passed and approved this 22nd day of November , 1994. ATTEST: CIT CLERK cadata/legal/olson2. res MAYOR 3*7 Resolution No. 94-947 Page 2 It was moved by Novick and seconded by x„hhv the Resolution be adopted, and upon ro% call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby Lehman ..x__ Novick x Pigott x Throgmorton -34q RESOLUTION NO. 94-348 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, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following - named persons and firms to sell cigarettes: Faraway Stores, Inc. - 2530 Westwinds Drive It was moved by Novick and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby y_ Lehman y Novick X Pigott X Throgmorton Passed and approved this 6th day of December , 19 94 . ATTEST: ate/ CITY -CLERK clerk%cigpermt.res YOR Approved by ity Attorney's Office 3�T RESOLUTION NO. 94-349 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER FLOOD REPAIRS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . 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 20th day of December, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A copy of the plans, specifications, form of contract, and estimate of cost of 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 6th day of December , 1994. ATTEST: J CIT LERK MAYOR Approved by y Attorney's Office /—z�//O�5/ It was moved by Novick and seconded by adopted, and upon roll call there were: TU:65 X X X x X pwen9\rWf1o0d.1es NAYS: Lehman the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 'des �i�i.L RESOLUTION NO. 44-350 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR WILLOW CREEK SUBDIVISION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Willow Creek Subdivision as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Willow Creek Subdivision as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 6th day of nprpmhp� 1994• AYOR Approved by ATTEST: /f!'tu,u 2 — CIT CLERK pweng\M.crk.res City Attorney's Office -I-lids / 356 Resolution No. 94-350' Page 2 It was moved by Novick and seconded by Lphmnn the Resolution be adopted, and upon roll• call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott Throgmorton 3!sv RESOLUTION NO. 94-351 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SOUTH POINTE ADDITION - PART 5 AND DECLARING PUBLIC IMPROVE- MENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, tile line and water main improvements for South Pointe Addition — Part Five as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for South Pointe Addition - Part 5 as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 6th day of DRcembpr , 1994• AYOR ATTEST: cunt CIT CLERK pweng\sthpnt5.res Approved by City Attorney's Office //�9r< 3S1 Resolution No. 94-351 Page 2 It was moved by Novick and seconded by Lehman the Resolution be adopted, and upon roll ­call there were: AYES: NAYS: ABSENT: % Baker Horowitz X Kubby X Lehman X Novick x_ Pigott x Throgmorton 351 ��Yb) r�.: -� P_ RESOLUTION NO. 94-352 RESOLUTION ACCEPTING THE WORK FOR THE HIGHWAY 1/MORMON TREK INTERSECTION IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Highway 1 /Mormon Trek Intersection Improvement Project as included in a contract between the City of Iowa City and Metro Pavers, Inc., of Iowa City, Iowa, dated September 1, 1994, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of December , 1994. MAYOR Approved ATTEST:Aroca,�i -e 7� CITY CLERK It was moved by Novick and seconded by adopted, and upon roll call there were: pweng\hwyl mtrk.res AYES: NAYS: City Attorney's Office Lehman the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 352- \`b RESOLUTION NO. 94-353 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN STANLEY CONSULTANTS, INC. OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSULT- ING SERVICES TO PERFORM VALUE ENGINEERING STUDIES ON THE IOWA CITY WATER FACILITY IMPROVEMENTS PROJECT. WHEREAS, it is in the public interest to evaluate the design of the water facility improvements project as developed by the City's design consultant, Howard R. Green Company; and WHEREAS, the City has negotiated an agreement with Stanley Consultants, Inc.; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with Stanley Consultants, Inc. for consulting services to provide value engineering services to Iowa City's water facility improvement project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into the Consultant Agreement with Stanley Consultants, Inc., attached hereto and incorporated by reference herein, and said Agreement is hereby approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the agreement with Stanley Consultants, Inc. Passed and approved this 6th day of December 1994. ATTEST: 7f . �12t�tJ CIT LERK pwadmin%valusew.res ' /s w a ,..r .rte J i MAYOR A roved b PP C ty Attorney's Office 3s3 Resolution No. 94-353' Page 2 It was moved by Th,ng.,tnn and seconded by pigntY the Resolution be adopted, and upon rolE call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick Pigott Throgmorton 353 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 6th day of December 1994, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the CITY and Stanley Consultants, Inc., of Muscatine, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the City of Iowa City, Iowa, is desirous of obtaining the services of a consulting firm in order to conduct two (2) one-week Value Engineering Studies on the Iowa City Water System Improvements Project. WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services with Stanley Consultants, Inc., of Muscatine to provide said services. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as follows: I. SCOPE OF SERVICES CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. CONSULTANT will provide a team of five (5) people to conduct two one-week Value Engineering Studies on the Iowa City Water System Improvements Project. The first study will be conducted on the Design Outline (35 to 40 percent) submittal and the second study at approximately a 65 percent design stage. CITY will provide a conference room in their office for the study in Iowa City. CITY will also provide copies of the design documents and cost estimate. CONSULTANT will give an oral presentation of each Value Engineering Study on the last study day and will deliver ten (10) copies of the Final Report for each Value Engineering Study within ten (10) days of the study's end. II. TIME OF COMPLETION It is understood and agreed by and between the parties hereto that project schedule depends on input and interaction between the parties as well as other outside factors which may be unplanned and largely uncontrollable. Schedule milestones are therefore subject to adjust- ment based on actual conditions which occur during the course of the project. The CONSULTANT shall complete the Project in approximate accordance with the schedule shown in the Scope of Services above. III. GENERAL TERMS A. The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: SML-767.6 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employ- ment because of their race, color, religion, sex, national origin, disability, age, martial status, or sexual orientation. B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and services performed up to the time of termination. However; such sums shall not be greater than the "lump sum' amount listed in Section IV. The CITY may terminate this Agreement upon seven (7) calendar days' written notice to the CONSUL- TANT. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all parties to said Agreement. D. It is understood and agreed that the retention of the CONSULTANT by the CITY for the purpose of the Project shall be as an Independent Contractor and shall be exclusive, but the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT for the Project shall be available by said CITY upon reasonable request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the CITY, the CONSULTANT shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the CONSULTANT pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the CONSULTANT shall not be liable for the CITY's use of such documents on other projects. I. The CONSULTANT agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANT to satisfactorily perform in accordance with this Agreement shall constitute grounds for the CITY to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. 5ML-767.6 353 K Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the CITY. The CONSUL- TANT shall be allowed to keep mylar reproducible copies for the CONSULTANT's own filing use. M. Fees paid for securing approval of any authorities having jurisdiction over the Project will be paid by the CITY. IV. COMPENSATION FOR SERVICES A. Methods, Amounts, and Payments 1. CITY shall compensate CONSULTANT for CONSULTANT's services a lump sum fee of $56,000, with $28,000 payable after delivery of the first Value Engineering Study Report and $28,000 payable after delivery of the second Value Engineering Study Report. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY -54 Title: Date: December 6, 1 Attest: / ! IGIiLGCrirt/ 5C • %CR�+�✓ 5ML-767.6 FOR THE CONSULTANT 00, Title: Vice President Date: October 31, 1994 Approved By: WC��Attomey's Office Date 353 RESOLUTION NO. 94-354 RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF PREPARING NATIONAL REGISTER NOMINATIONS FOR COLLEGE GREEN AND EAST COLLEGE STREET. WHEREAS, the State Historical Society of Iowa administers the Certified Local Government (CLG) Grant program to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application for a $3,300 CLG Grant for the purpose of preparing National Register nominations for College Green and East College Street; and WHEREAS, said grant will require local matching funds in the amount of $2,200 which the Historic Preservation Commission proposes to provide through volunteer work and funds allocated in the budget for historic preservation activities; and WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its historic resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . The Historic Preservation Commission is hereby authorized to file an application for a $3,300 CLG Grant for the purpose of preparing National Register nominations for College Green and East College Street which will require $2,200 in matching local funds and in-kind services and supplies. 2. The Mayor is hereby authorized to sign said grant application. It was moved by Kubby and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Baker g Horowitz x Kubby x Lehman x Novick % Pigott g Throgmorton Passed and approved this 6th day of December/, 1994. MAYOR —� ATTEST: ITY CLERK ppdadminlcol.res gy 35f- RESOLUTION NO. 94-955 %" -� e_ RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A PROFESSIONAL SURVEY AND EVALUATION OF HISTORIC RESOURCES WITHIN THE NORTH DUBUQUE STREET CORRIDOR. WHEREAS, the State Historical Society of Iowa administers the Certified Local Government (CLG) Grant program to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application for a $12,400 CLG Grant for the purpose of conducting a professional survey and evaluation of historic resources within the North Dubuque Street Corridor; and WHEREAS, said grant will require local matching funds in the amount of $8,332 which the Historic Preservation Commission proposes to provide through volunteer work, funds allocated in the budget for historic preservation activities, and through donations from private organizations interested in preservation activities; and WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its historic resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Historic Preservation Commission is hereby authorized to file an application for a $12,400 CLG Grant for the purpose of conducting a professional survey and evaluation of historic resources within the North Dubuque Street Corridor which will require $8,332 in matching local funds, in-kind services and supplies, and donations from private organizations interested in preservation activities. 2. The Mayor is hereby authorized to sign said grant application. It was moved by Pigott and seconded by Throemorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Baker X Horowitz X Kubby X Lehman X Novick X Pigott % Throgmorton Passed and approved this 6th day ofDip, 1994. MAYOR ATTEST: ,ITY CLERK ppdadmin\duba.res Approved by City torne 's c 355 kl'� Res g(/— December 6 , 1994 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock _L.M., on the above date. There were present Mayor Horowitz in the chair, and the following named Council Members: Baker, Horowitz, Kubby, Lehman. Novick. Pigott. Throgmorton Absent: -1- AHLERS, COONEY, OORWERER, HAYNIE, SMITH B ALLBEE, PG ^WQRN[Yf AT"W O[a NOIN6f.10WA 3s�, Council Member Lehman introduced the following Resolution entitled "RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS" and moved that it be adopted. Council Member Novick seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Baker Horowitz Kubbv Lehman Novick_ Pigott Throgmorton NAYS: Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 94-356 RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS WHEREAS, the City anticipates making cash expenditures for a project generally described below (which shall hereinafter be referred to as a "Project"); and WHEREAS, the City reasonably expects to issue debt to reimburse the costs of a Project; and WHEREAS, the Council believes it is consistent with the City's budgetary and financial circumstances to issue this declaration of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2. Section 2. That it is reasonably expected that capital expenditures will be made in respect of the foregoing Project, from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstances then and there existing. Section 3. That the City reasonably expects to reimburse all or a portion of the foregoing expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in the future. -2- AHIEM COONEY. DORWEI ER. HAYNIE. SHMi & ALLBEE. P.C. I�TTOCNCYS IT UW OC�YOINC ). IOWA 35f�l Section 4. That the total estimated costs of the Project, the maximum principal amount of the bonds, notes or other indebtedness to be issued for the foregoing Project and the estimated dates of completion of the Project are reasonably expected to be as follows: Plant Site Land Acqusition Segment (11-30-94) Total Amount of Estimated Borrowing Cost* Anticipated $46,000,000 $46,000,000 (included above) Water Treatment $4,400,000 $4,400,000 Facility 31510) Estimated' Date of Completion January, 998 *It is intended to seek grants and other contributions to reduce the amount of borrowing required for the following Project: If such grants are not received, it is intended that the costs to be financed will be increased accordingly. Section 5. That the City reasonably expects to reimburse the above-mentioned Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service. Section 6. That this Resolution be maintained by the City Clerk in an Official Intent File maintained in the office of the Clerk and available at all times for public inspection, subject to such revisions as may be necessary. PASSED AND APPROVED this 6th day of December 1994. ATTEST: City Clerk c10714037\38.fin mayor -3- AHLEBS. GOONEY. DOHWEILEB, HAYNIE. SMRH & ALLBEE. P.C. ATTOIINCYC ATI W OCf NOINCf. IOWA 35k Fund from which original expen- ditures are to Project be Advanced Water Treatment New Water Facility (31510) Treatment Plant Plant Site Land Acqusition Segment (11-30-94) Total Amount of Estimated Borrowing Cost* Anticipated $46,000,000 $46,000,000 (included above) Water Treatment $4,400,000 $4,400,000 Facility 31510) Estimated' Date of Completion January, 998 *It is intended to seek grants and other contributions to reduce the amount of borrowing required for the following Project: If such grants are not received, it is intended that the costs to be financed will be increased accordingly. Section 5. That the City reasonably expects to reimburse the above-mentioned Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service. Section 6. That this Resolution be maintained by the City Clerk in an Official Intent File maintained in the office of the Clerk and available at all times for public inspection, subject to such revisions as may be necessary. PASSED AND APPROVED this 6th day of December 1994. ATTEST: City Clerk c10714037\38.fin mayor -3- AHLEBS. GOONEY. DOHWEILEB, HAYNIE. SMRH & ALLBEE. P.C. ATTOIINCYC ATI W OCf NOINCf. IOWA 35k 0 .RESOLUTION NO. 94-357 RESOLUTION APPROVING THE NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN. WHEREAS, the City Council for the City of Iowa City, Iowa, adopted Resolution No. 94-295 finding that the Near Southside Commercial Urban Revitalization Area meets the criteria of Section 404.1 (4), Code of Iowa (1993), and that rehabilitation, conservation, redevelopment, economic development or a combination thereof of the area is necessary in the interest of the public health, safety or welfare of the residents of Iowa City; and WHEREAS, pursuant to Iowa Code §404.2 (1993), staff prepared a Near Southside Commercial Urban Revitalization Plan, a copy of which is attached hereto as Exhibit A; and WHEREAS, the Council scheduled a public hearing on the Plan for 7:30 PM, October 25; 1994, in the City Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa; and WHEREAS, public notice of this hearing was published in the Press -Citizen and notification of this hearing was mailed by ordinary mail to the last known address of all owners of record of property, and to the "occupants" of all city addresses, located within the proposed Near Southside Commercial Urban Revitalization Area at least 30 days prior to the hearing date; and WHEREAS, Council held the public hearing at the time and place scheduled and provided all persons appearing and desiring to be heard regarding the Plan the opportunity to be heard; and WHEREAS, the required thirty (30) day period for property owners to request a second public hearing has now expired, with no such hearing request being made; and WHEREAS, it is in the public interest to adopt the revitalization plan, as provided by law. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council has held public hearings on the Near Southside Commercial Urban Revitalization Plan as required by Iowa Code §404.2 (1993). 2. The Near Southside Commercial Urban Revitalization Plan, attached hereto as Exhibit A, be and the same hereby is approved. Passed and approved this 13th day of December , 1994. ATTEST: CIT I' CLERK eccdevinsscurp2.res Approved by ityAttorney'sOffice C, 95X Resolution No. 94-357 Page 2 It was moved by Pignth and seconded by T.Phman the Resolution be adopted, and upon rolF call there were: AYES: NAYS: ABSENT: x Baker g Horowitz x Kubby X Lehman X Novick Y' Pigott x_ Throgmorton ,55(7 i Fk mesas --t M Near Southside Commercial Urban Revitalization Plan October 1994 a— — 1 3s? TABLE OF CONTENTS NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN Section 1 - Selection Criteria for Near Southside Commercial Urban Revitalization Area Code of Iowa Criteria City of Iowa City Policy Criteria Commercial Urban Revitalization Plan Objectives Section 2 - The Commercial Plan Components - Description of Commercial Urban Revitalization Area - Existing Assessed Valuations of Real Estate and Owners of Record of Real Estate - Land Use - Proposals for Improving or Expanding City Services - Applicability of Plan - Qualifications for Eligibility - Tax Exemption Schedules - Relocation Provisions Section 3 - Federal, State, or Private Grant or Loan Programs Available for Improvements Section 4 - Prior Approval of Eligibility and Application for Tax Exemption Section 5 - Amendments to Plan Section 6 - Repeal of Ordinance Addendum C1 - Near Southside Commercial Urban Revitalization Area Map Addendum C2 - Near Southside Neighborhood Redevelopment Plan - Redevelopment Sites Map Addendum C3 - Existing Assessed Valuation of Real Estate and Owners of Record of Real Estate Addendum C4 - Near Southside Commercial Urban Revitalization Area — Existing Land Use Map SECTION 1: SELECTION CRITERIA FOR THE NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION AREA CODE OF IOWA CRITERIA Under the Urban Revitalization Act of the State of Iowa, the City is granted the authority to designate portions of the City which meet the specified criteria as revitalization areas. Accordingly, on September 13, 1994 the Iowa City City Council adopted a resolution finding that the proposed Near Southside Commercial Urban Revitalization Area meets the criteria of Section 404.1 (4) of the Code of Iowa (1993), namely that the rehabilitation, conservation, redevelopment, economic development or a combination thereof is necessary in the interests of the public health, safety and welfare of the residents of the City. Section 404.1 (4), Code of Iowa (hereafter "Code,") specifically states that the City may designate an area of the City a revitalization area if that area is "an area which is appropriate as an economic development area as defined in section 403.17." Section 403.17, Code defines an economic development area as "an area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing." Moreover, Chapter 404, Code further provides that the City Council may draft an urban revitalization plan to carry out the goals of economic development. CITY OF IOWA CITY POLICY CRITERIA In March of 1992, the Iowa City City Council adopted the Near Southside Neighborhood Redevelopment Plan ("NSS Plan") which outlines City policy regarding the redevelopment of the area generally south of Burlington Street, west of Gilbert Street, east of Madison Street, and north of the Iowa Interstate Railway main line. It is the Council's intent herein that development within the Near Southside Commercial Urban Revitalization Area shall be consistent with the policies outlined in the NSS Plan, and also consistent with the plan herein described, see Addendum C1 for a map of the Commercial Urban Revitalization Area. The NSS Plan "targets the blocks between Burlington & Court streets for office and commercial development to complement the downtown retail core" and "the periphery of this area, along Gilbert Street south to the railroad tracks, includes commercial development that reflects existing uses and also projects redevelopment for commercial uses focused on the needs of the future residential neighborhood." More specifically, the NSS Plan states that in the portion of the overall area referred to as the 'commercial area,' a portion of "the commercial development is typically in one or two-story older buildings, at an intensity of use which is less then optimal for an area so close to downtown." Based on a thorough review of property in the area, the NSS Plan designates nearly half of the 'commercial area' in the NSS Plan area as potential commercial redevelopment sites within the next ten years. Three of the sites, namely the Hieronymus tract on Block 102, Southtown Properties' land on Block 103 (which has already redeveloped), and the Cahill property on Outlot 24 are the only single ownership sites in the Commercial Area which are large enough to permit development of any size and significance. Based on the City Council's intent, the properties set out in Addendum C1 are hereby designated as appropriate commercial uses for urban revitalization purposes, and are hereby declared to be included in the Near Southside Commercial Urban Revitalization Area (hereafter "Commercial Area"), and said properties are further declared to be within this Near Southside Commercial Urban Revitalization Plan 35-7 Near Southside Commercial Urban Revitalization Plan (hereafter "Commercial Revitalization Plan"). The NSS Plan also identifies five historic structures in the Commercial Area which are on or may be eligible for the National Register of Historic Places: 228 E. Court St. St. Patrick's Church and rectory 335 S. Clinton St. Coldwell-Banker Anderson -Bender Real Estate Agency 330 E. Court St. Honohan, Epley, Haymond, & Braddock Law Office 401 S. Gilbert St. Mixed use: apartments/commercial - Granner 521 S. Gilbert St. R.T. Close Flaxseed Warehouse - Fitzpatrick (Recent alterations to this building may have destroyed its architectural and historic significance.) The adopted Iowa City Historic Preservation Plan promotes the use of local economic incentives, including property tax exemption, to preserve or restore buildings such as these. Though the NSS Plan does not specifically mention the use of property tax exemption, the NSS Plan discusses the use of various financing mechanisms to assist with encouraging the redevelopment of the area north of Court Street within the Commercial Area. The City Council finds property tax exemption an appropriate financing mechanism to encourage redevelopment of this Commercial Area, and further finds the properties in conformance with the goals set out in the NSS Plan. COMMERCIAL URBAN REVITALIZATION PLAN OBJECTIVES The primary objectives of this Commercial Revitalization Plan are to encourage the development of the Commercial Area for commercial uses other than commercial residential uses, and to encourage the reuse of historic and architecturally significant structures in the Commercial Area. Given the close proximity to the downtown to the north and a high density residential area to the south, the Commercial Area provides an ideal location for a mixed-use high density commercial and residential area. In addition, the community's other residential areas can easily access the Commercial Area due to its close proximity to the transit hub of the community. Though the zoning ordinance permits commercial residential uses within the Commercial Area, the City Council has determined that encouragement of "commercial residential development" is not needed in the Commercial Area. The Council further finds that the market, itself, drives the attractiveness of this area for high density residential uses. The Council further finds that the use of financial incentives, such as property tax exemption, is necessary to encourage the development of high density non-residential commercial uses in a compact manner in the Commercial Area, which is in the center of the community, rather than disperse this type of development on the periphery of the community. Consequently, the primary objectives of this Commercial Revitalization Plan are to encourage the redevelopment of the Commercial Area for commercial uses other than commercial residential uses, and to encourage the reuse of historic and architecturally significant structures in the Commercial Area. To achieve these objectives, the City of Iowa City shall undertake the urban revitalization activities as specified in this Commercial Revitalization Plan, pursuant to the powers granted to the City under Chapter 404, Code of Iowa (1993). 2 Near Southside Commercial Urban Revitalization Plan 3S'i SECTION 2: THE COMMERCIAL URBAN REVITALIZATION PLAN COMPONENTS DESCRIPTION OF COMMERCIAL URBAN REVITALIZATION AREA The legal description of the Near Southside Commercial Urban Revitalization Area is: Block 102 and 103 of Original Town; O.L. 24 of S.J. Johnson Subdivision; Block 2, Berryhill and Pierce Addition; the east 170 feet of Block 101, Original Town; the east 25 feet of the north 130 feet of the west 150 feet of Block 101, Original Town; Lots 2-8, Block 5, Lyon's First Addition; the west 91.70 feet of Lot 1, Block 19, County Seat Addition and all of Lots 2, 3, and 4 east of Ralston Creek, Block 20, County Seat Addition, as described in the attached Addendum C1, which is attached hereto and incorporated by reference herein. EXISTING ASSESSED VALUATION OF REAL ESTATE AND OWNERS OF RECORD OF REAL ESTATE Addendum C3, which is attached hereto and incorporated by reference herein, contains existing assessed valuations of all real estate in the Commercial Area, and contains a listing of the names and addresses of the owners of record of real estate within the Commercial Area. LAND USE Existing Zoning The existing zoning of the project area as identified on the Iowa City Zoning Map is CB -5, Central Business Support Zone. The existing zoning is generally consistent with the proposed land uses as illustrated on the Iowa City Comprehensive Plan 1989 Update Land Use Map. Existing Land Uses The existing land uses in the Commercial Area include commercial uses (retail, office, and non-residential), residential uses, and religious uses, see attached Addendum C4 for existing land uses. Proposed Land Uses The proposed land uses in the Commercial Area shall be consistent with the City Zoning Ordinance and the Iowa City Comprehensive Plan 1989 Update. 3 Near Southside Commercial Urban Revitalization Plan ,35,7 PROPOSALS FOR IMPROVING OR EXPANDING CITY SERVICES The City Council has evaluated whether a need exists for improving or expanding city services within the Commercial Area including, but not limited to, transportation facilities, sanitary sewer, solid waste collection, street maintenance, park facilities, and police and fire protection. To this end, the City Council hereby concludes that streetscape improvements in the Commercial Area would enhance redevelopment in said Commercial Area. The City Council further concludes that redevelopment of the Commercial Area will generate the need for a City -owned parking facility either within the Commercial Area or in close proximity. In addition, the partial closure of Dubuque Street and the construction of a pedestrian plaza is necessary for the integration of the Commercial Area with the Downtown and the remainder of the Near Southside Neighborhood described in the NSS Plan. APPLICABILITY OF THE PLAN Land Uses This Commercial Revitalization Plan is applicable to all qualified real estate assessed as commercial property containing no residential uses and to all qualified real estate assessed as commercial property in which no more than twenty (20%) percent of the above -grade portion of the structure is used for residential uses. In addition, the structure must contain at least three (3) stories of non-residential commercial uses, and only the non-residential portion of a structure assessed as commercial property shall qualify for property tax exemption. However, any reuse of a historic structure assessed as residential or commercial property shall be considered qualified real estate. Types of Construction Eligible Eligible construction includes rehabilitation and additions to existing property determined to be historic and/or architecturally significant by the Iowa City Historic Preservation Commis- sion, together with new construction for all other commercial property defined as qualified real estate herein. However, rehabilitation of and additions to historic and/or architecturally significant structures are eligible only if said rehabilitation and additions began after adoption of this Commercial Revitalization Plan and the corresponding Ordinance. "New construction" means buildings constructed after the date of adoption of this Commercial Revitalization Plan and any subsequent additions to those buildings. New construction that replaces structures identified in this Commercial Revitalization Plan as historic and/or architecturally significant is not eligible for property tax exemption. All rehabilitation to historic or architecturally significant structures shall be done in such a manner as to preserve or restore any historic structure to productive use in order to be eligible. The guidelines for determining if rehabilitation does preserve or restore the structure shall be those set forth in the 1990 revised edition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. All additions to historically or architecturally significant structures shall be developed in such a manner as to be architecturally compatible with existing development. Plans and specifications for proposed exterior renovation must be submitted to the Iowa City Historic Preservation Commission for review and approval prior to issuance of a building permit in order for the improvements to qualify for property tax exemption. H Near Southside Commercial Urban Revitalization Plan 3 5'1 All rehabilitation, additions, and new construction must meet the applicable design criteria outlined in the CB -5 Zone of the City Zoning Ordinance. These design criteria are adminis- tered by the Director of Planning and Community Development. In addition, plans and specifications for the exteriors of new construction must be submitted to the Iowa City Design Review Committee for review and recommendation. The Design Review Committee recommendation will be submitted to the Iowa City City Council for review and approval. The City Council must approve the exterior design for all new construction prior to issuance of a building permit in order for the improvements to qualify for property tax exemption. Time Frame The Commercial Area shall remain a designated revitalization area for ten years from the date of designation. Revenue Bonds The City has no plans to issue revenue bonds for revitalization projects within the Commercial Area. QUALIFICATIONS FOR ELIGIBILITY Qualified property improvements include rehabilitation and additions to existing historic and architecturally significant structures, and also includes new construction for property assessed as commercial property defined above as qualified real estate, see "Applicability of the Plan, Land Uses and Types of Construction Eligible." Qualified property improvements do not include new construction that replaces structures identified herein as historic and/or architecturally significantly. In order to be considered eligible, all improvements must be completed in conformance with all applicable regulations of the City of Iowa City, and must increase the actual value of the property as of the first year for which an exemption is received by at least fifteen percent (15%) in the case of real property both assessed as commercial property and defined herein as commercial property. Actual value added by improvements defined as eligible herein means the actual value added as of the first year for which the exemption was received. TAX EXEMPTION SCHEDULE Tax exemption on qualifying improvements shall follow one of four schedules as set out by state law. Eligible property owners shall elect one of the four schedules. Once the election has been made and the exemption granted, the owner is not permitted to change the method of exemption. Exemption schedules are as follows: 1 . All qualified real estate assessed as residential property is eligible to receive an exemption from taxation based on the actual value added by the improvements. The exemption is for a period of ten (10) years. The amount of the exemption is equal to a percent of the actual valued added by improvements, determined as follows: one hundred fifteen percent (115%) of the value added by the improvements. However, the amount of the actual value added by the improvements which shall be used to compute the exemption shall not exceed I Near Southside Commercial Urban Revitalization Plan 3511 twenty thousand dollars ($20,000) and the granting of the exemption shall not result in the actual value of the qualified real estate being reduced below the actual value on which the homestead credit is computed under section 425.1, Code of Iowa (1993). 2. All qualified real estate is eligible to receive a partial exemption from taxation on the actual value added by the improvements. The exemption is for a period of ten (10) years. The amount of the partial exemption is equal to a percent of the actual value added by the improvements, determined as follows: a. For the first year, eighty percent (80%). b. For the second year, seventy percent (70%). C. For the third year, sixty percent (60%). d. For the fourth year, fifty percent (50%). e. For the fifth year, forty percent (40%). f. For the sixth year, forty percent (40%). g. For the seventh year, thirty percent (30%). h. Forthe eight year, thirty percent (30%). i. For the ninth year, twenty percent (20%). j. For the tenth year, twenty percent (20%). 3. All qualified real estate is eligible to receive a one hundred percent (100%) exemption from taxation on the actual value added by the improvements. The exemption is for a period of three (3) years. 4. All qualified real estate assessed as residential property or assessed as commercial property is eligible to receive a one hundred percent (100%) exemption from taxation on the actual value added by the improvements, but only if the commercial property consists of three (3) or more separate living quarters with at least seventy-five percent (75%) of the space used for residential purposes. The exemption is for a period of ten (10) years. RELOCATION PROVISIONS The City has considered provisions for the relocation of persons, including families, business concerns and others who could be displaced as a result of improvements to be made in the designated Commercial Area. Upon such consideration, the following shall be provided under the Commercial Revitalization Plan: Benefits Upon application for and the City's verification of a property owner's eligibility for tax exemption, qualified tenants in the designated Commercial Area shall be compensated by the property owner for one month's rent and for actual reasonable moving and related expenses, where said displacement was due to action on the part of a property owner to qualify for said tax exemption. 0 Near Southside Commercial Urban Revitalization Plan 351 Eligibility "Qualified tenant" means the legal displaced occupant of a residential dwelling unit which is located within the designated Commercial Area where the person or family has occupied the same dwelling unit continuously for twelve (12) months prior to the City's adoption of this Commercial Revitalization Plan. There are no relocation provisions made for displacement from commercial units. Actual Reasonable Moving and Related Expenses A qualified tenant of a dwelling is entitled to actual reasonable expenses for: a. Transportation of the displaced person and personal property from the displacement site to the replacement site. Transportation costs for a distance beyond twenty-five miles are not eligible. b. Packing, crating, unpacking and uncrating of personal property. C. Disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances and other personal property. d. Discontinuing, transferring or reconnecting utility services, including cable television. Least Costly Approach The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord. 7 Near Southside Commercial Urban Revitalization Plan 251) SECTION 3: FEDERAL, STATE OR PRIVATE GRANT OR LOAN PROGRAMS AVAILABLE FOR IMPROVEMENTS Community Development Block Grants (CDBG) CDBG monies are federal monies which are appropriated to the City of Iowa City on an annual basis. Use of the CDBG monies must benefit low or moderate income persons. Federal Tax Credit for Historic Structures The federal government provides a federal tax credit for rehabilitation of properties listed on the National Register of Historic Places. Community Economic Betterment Account (CEBA) The purpose of the State Community Economic Betterment Account (CEBA) program is to increase direct and indirect employment opportunities for Iowans by increasing the level of economic activity within the State of Iowa. The program provides financial assistance to businesses which require assistance in order to create new job opportunities or retain existing jobs in jeopardy. SECTION 4: PRIOR APPROVAL OF ELIGIBILITY AND APPLICATION FOR TAX EXEMPTION A person may submit a proposal for an improvement project to the City to receive prior approval for eligibility for a tax exemption on the project, pursuant to Section 404.4, Code of Iowa (1993). An application shall be filed for each new exemption claimed and approved by the City Council pursuant to Section 404.4, Code. The City Assessor shall physically review each first-year application pursuant to Section 404.5, Code. SECTION 5: AMENDMENTS TO COMMERCIAL REVITALIZATION PLAN Once the City has adopted the Commercial Revitalization Plan herein, the City may amend the plan, but only after a public hearing before the City Council. Notice of said hearing on proposed amendments shall be published as required in Section 362.3, Code of Iowa (1993), provided that at least seven (7) days' notice is given, and that said public hearing is held no earlier than the next regularly scheduled City Council meeting following the published notice. 0 Near Southside Commercial Urban Revitalization Plan Z 5'1 SECTION 6: REPEAL OF ORDINANCE When in the opinion of the City Council the desired level of revitalization has been attained or economic conditions are such that the continuation of the exemption granted by this Commercial Revitalization Plan would cease to be of benefit to the City, the City Council may repeal the ordinance establishing the Commercial Area. In that event, all existing exemptions shall continue until their expiration. Approved By Cit Attorney's Office PI ecodWamedcum.nss Near Southside Commercial Urban Revitalization Plan 257 NEAR SOUTH SIDE REDEVELOPMENT SITES Iuu Addendum C2 :1 7nnn SCALE 4W LEGEND 5 YEARS VACATED STREETS ......5-10 YEARS BLOCK NUMBERS 357 ADDENDUM C3 NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION AREA ASSESSED VALUATION OF REAL ESTATE AND OWNERS OF RECORD OF REAL ESTATE September 1994 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. W ZAs property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address EASTERLY HALF OF BLOCK 101, ORIGINAL TOWN (BOUNDED BY BURLINGTON, CLINTON, COURT) 58753000 22 E. Court $59,500 $144,050 $203,550 John T. & Connie Nolan 22 E. Court Iowa City, IA 52240 62401001 335 S. Clinton 107,280 60,630 167,910 A -B Building Associates 335 S. Clinton Iowa City, IA 52240 53736000 325 S. Clinton 389,280 362,460 751,740 Iowa State Bank & Trust Co. 102 S. Clinton Iowa City, IA 52240 63998000 301 S. Clinton 312,600 807,530 1,120,130 Perpetual Savings & Loan Assoc. P. O. Box 73850 Cedar Rapids, IA 52407-3850 BLOCK 101 TOTALS $868,660 $1,374,670 $2,243,330 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. W ZAs property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. Addendum -C3 (continued) Near Southside Commercial Urban Revitalization Area 1, 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. -� 'As property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 'Totals do not include tax exempt values for 228 E. Court Street. Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address BLOCK 102, ORIGINAL TOWN (BOUNDED BY BURLINGTON, DUBUQUE, COURT, CLINTON) 63994000 (paving only) $40,800 $1,220 $42,020 Hieronymi E. Burlington 3322 Muscatine Ave Iowa City, IA 52240 57131000 109 E. Burlington 60,040 72,940 132,980 62658000 105 E. Burlington 128,120 34,290 162,410 57128000 314 S. Clinton 163,200 148,290 311,490 57129000 (paving only) 89,720 3,270 92,990 " 318-320 S. Clinton 60105000 328 S. Clinton 163,200 214,220 377,420 60793000 336 S. Clinton 195,840 251,700 447,540 Blackhawk Partners c/o Lincoln Real Estate 1218 Highland Court Iowa City, IA 52240 63999000 325 S. Dubuque 338,400 920,070 1,258,470 Mid America Savings Bank 325 S. Dubuque St. Iowa City, IA 52240 61548000 313-317 S. Dubuque St. 210,120 210,780 420,900 Hieronymi 3322 Muscatine Ave Iowa City, IA 52240 55679000 (Gravel Parking Lot) 249,860 - - 249,860 " 311 S. Dubuque 64000000 301 S. Dubuque 50,880 226,040 276,920 MOD POD, Inc. 301 S. Dubuque St. Iowa City, IA 52240 BLOCK 102 TOTALS $1,690,180 $2,082,820 $3,773,000 1, 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. -� 'As property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 'Totals do not include tax exempt values for 228 E. Court Street. Addendum C3 (continued) Near Southside Commercial Urban Revitalization Area 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2 A property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. '� 'Totals do not include tax exempt values for 228 E. Court Street. Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address BLOCK 103, ORIGINAL TOWN (BOUNDED BY BURLINGTON, LINN, COURT, DUBUQUE) 58745001 307-321 S. Linn $240,000 New $240,000 Southtown Properties, L.C. Apartments 227 Mahaska Dr. No building val- Iowa City, IA 52246 ues for 1993 55781000 231 E. Burlington 163,200 143,110 306,310 Firestone Real Estate Leasing Co. 50 Century Blvd. Nashville, TN 37214 55864000 302 S. Dubuque 216,000 38,460 254,460 J. Ed Foraker - Owner Coastal Mart, Inc. P. O. Box 4372 Houston, TX 77210 64006000 320 S. Dubuque 328,500 2,464,170 2,792,670 Capitol States Associates P. O. Box 288 Iowa City, IA 52244 65022000 228 E. Court 54,250 762,860 817,110 St. Patrick's Church (tax exempt) (tax exempt) (tax exempt) 228 E. Court St. Iowa City, IA 52240 BLOCK 103 TOTALS3 $947,700 $2,645,740 $3,593,440 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2 A property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. '� 'Totals do not include tax exempt values for 228 E. Court Street. Addendum C3 (continued) Near Southside Commercial Urban Revitalization Area 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. U1 2 A property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. 4 Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address OUT LOT 24, S.J. JOHNSON SUBDIVISION (BOUNDED BY BURLINGTON, GILBERT COURT, LINN) 62886000 316 E. Court $33,970 $2,740 $36,710 Cahill -Cahill 317 N. 7th Avenue Iowa City, IA 52245-6003 57887000 330 E. Court 47,040 207,770 254,810 Old Feed Store Associates 330 E. Court St. Iowa City, IA 52240 62878000 317 S. Gilbert 43,200 3,510 46,710 Cahill -Cahill 317 N. 7th Ave. Iowa City, IA 52245-6003 62877000 319-329 S. Gilbert 129,200 140,460 269,660 Cahill -Cahill 317 N. 7th Ave. Iowa City, IA 52245-6003 61143000 329 S. Gilbert --- 7,840 7,840 David Cahill 317 N. 7th Ave. Iowa City, IA 52245-6003 61331000 315 S. Gilbert 14,780 58,320 73,100 Jafar & Lynne Mogadam 5452 Observatory Ave. Riverside, IA 52327 62885000 S. Gilbert St. Rear 13,150 --- 13,150 Cahill -Cahill (behind 315 S. Gilbert) 317 N. 7th Ave. Iowa City, IA 52245-6003 58539001 323 E. Burlington 270,980 161,780 432,760 DPB Enterprises Quik Trip Corp. #509 c/o Avtax, Inc. 1025 Everett Rd. Lake Forest, IL 60045 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. U1 2 A property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. 4 Addendum C3 (continued) Near Southside Commercial Urban Revitalization Area 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2As property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address 65261000 302 S. Linn --- 628,060 628,060 Northwestern Bell Telephone C0.2 U.S. West, Inc. 6300 S. Syracuse Way Englewood, CO 80111 53047000 320 S. Linn $52,500 .$239,290 $291,790 Gene Kroeger & David Tigges 500 S. Dubuque Iowa City, IA 52240 55866000 324 S. Linn 11,380 54,490 65,870 David Tigges & Gene Kroeger 500 S. Dubuque St. Iowa City, IA 52240 61374000 330 S. Linn 35,500 136,700 172,200 Joel Schintler 1123 Washington St. Iowa City, IA 52245 58599000 332 S. Linn 27,000 87,040 114,040 Gene Kroeger & David Tigges 500 S. Dubuque Iowa City, IA 52240 55866000 324 S. Linn 11,380 54,490 65,870 David Tigges & Gene Kroeger 500 S. Dubuque St. Iowa City, IA 52240 OUTLOT 24 TOTALS $678,700 $1,728,000 $2,406,700 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2As property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. Addendum C3 (continued) Near Southside Commercial Urban Revitalization Area t(�+ 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2 A property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. 0 Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address BLOCK 2, BERRYHILL & PIERCE ADDITION (AREA BOUNDED BY COURT, GILBERT, HARRISON, & MAIDEN LANE) 53033000 Vacant Lot $27,260 $3,160 $30,420 Benjamin Chait S. Gilbert 218 E. Washington St. Iowa City, IA 52240 55418001 409-415 S. Gilbert 86,140 82,010 168,150 Robert & Kum Eickhorst 527 Galway Dr. Iowa City, IA 52240 53973000 405 S. Gilbert 22,400 96,980 119,380 Daryl Woodson Properties, Inc. 405 S. Gilbert St. Iowa City, IA 52240 63619000 401 S. Gilbert & 27,430 498,680 526,110 Daryl & Nancy Granner 329 Court St. c/o B. Chait Suite 201 218 E. Washington St. Iowa City, IA 52240 BLOCK 2 TOTALS $163,230 $680,830 $844,060 t(�+ 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2 A property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. 0 Addendum C3 (continued) Near Southside Commercial Urban Revitalization Area (y 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. U< 2 A property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address BLOCK 5, LYON'S FIRST ADDITION (AREA BOUNDED BY HARRISON, GILBERT, PRENTISS, & MAIDEN LANE) 63240000 330 Prentiss St. $22,850 $236,430 $259,280 Joseph Kennedy 529 S. Gilbert Iowa City, IA 52240 54355000 525 S. Gilbert 17,060 59,750 76,810 Gary M. Fitzpatrick 411 S. Summit St. Iowa City, IA 52240 59082000 521 S. Gilbert 24,410 78,070 102,480 Gary M. Fitzpatrick 411 S. Summit St. Iowa City, IA 52240 53926000 519 S. Gilbert 21,650 --- 21,650 Peter & Grace Jochimsen and (vacant lot) Carl & Janet Goetz 507 S. Gilbert St. Iowa City, IA 52240 62345000 507 S. Gilbert 24,100 67,800 91,900 Peter & Grace Jochimsen and Carl & Janet Goetz 507 S. Gilbert St. Iowa City, IA 52240 62344000 509 S. Gilbert 23,380 86,290 109,670 Bridge Associates, Inc. 2405 Towncrest Dr. Iowa City, IA 52240 53031000 Vacant Lot 20,670 3,080 23,750 Benjamin Chait S. Gilbert 218 E. Washington St. Iowa City, IA 52240 BLOCK 5 TOTALS $154,120 $531,420 $685,540 (y 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. U< 2 A property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. Addendum C3 (continued) Near Southside Commercial Urban Revitalization Area ecodeftlockcM.cra (N 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2 A property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 'Totals do not include tax exempt values for 228 E. Court Street. Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address BLOCK 20, COUNTY SEAT ADDITION (SOUTHEAST PORTION - BOUNDED BY HARRISON, MAIDEN LANE, PRENTISS) 59859000 310 Prentiss $83,790 $106,870 $190,660 Thomas Nereim 2060 Melrose Ave. Iowa City, IA 52246 SOUTHEAST PORTION OF BLOCK 20 $83,790 $106,870 $190,660 TOTALS BLOCK 19 (NW CORNER), COUNTY SEAT ADDITION (BOUNDED BY COURT, LINN, HARRISON, MAIDEN LANE) 62879001 402 S. Linn St. $29,160 $110,370 $139,530 Bray & Klockau Enterprises 402 S. Linn St. Iowa City, IA 52240 BLOCK 19 TOTALS $29,160 $110,370 $139,530 NEAR SOUTHSIDE COMMERCIAL URBAN $4,615,540 $9,260,720 $13,876,260 REVITALIZATION AREA GRAND TOTAL' ecodeftlockcM.cra (N 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2 A property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 'Totals do not include tax exempt values for 228 E. Court Street. a RESOLUTION NO. 94-358 RESOLUTION APPROVING THE NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION PLAN. WHEREAS, the City Council for the City of Iowa City, Iowa, adopted Resolution No. 94-296 finding that the Near Southside Residential Urban Revitalization Area meets the criteria of Section 404.1 (4), Code of Iowa (1993), and that rehabilitation, conservation, redevelopment, economic development or a combination thereof of the area is necessary in the interest of the public health, safety or welfare of the residents of Iowa City; and WHEREAS, pursuant to Iowa Code §404.2 (1993), staff prepared a Near Southside Residential Urban Revitalization Plan, a copy of which is attached hereto as Exhibit A; and WHEREAS, the Council scheduled a public hearing on the Plan for 7:30 PM, October 25, 1994, in the City Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa; and WHEREAS, public notice of this hearing was published in the Press -Citizen and notification of this hearing was mailed by ordinary mail to the last known address of all owners of record of property, and to the "occupants" of all city addresses, located within the proposed Near Southside Residential Urban Revitalization Area at least 30 days prior to the hearing date; and WHEREAS, Council held the public hearing at the time and place scheduled and provided all persons appearing and desiring to be heard regarding the Plan the opportunity to be heard; and WHEREAS, the required thirty (30) day period for property owners to request a second public hearing has now expired, with no such hearing request being made; and WHEREAS, it is in the public interest to adopt the revitalization plan, as provided by law. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council has held public hearings on the Near Southside Residential Urban Revitalization Plan as required by Iowa Code §404.2 (1993). 2. The Near Southside Residential Urban Revitalization Plan, attached hereto as Exhibit A, be and the same hereby is approved. Passed and approved this 1 9rh day of December , 1994. ATTEST: J CIT CLERK ecodev\mscurp3.res MAYOR Approved by y ity Attorney's Office 35 � ass uoliowBojyl lloBld A NDIAON �— uewya-1 X Agqn)l x zllmOJoH x ia)leg X .1NBSBV :S),VN :SBAV :mann ajayl Ileo iloi uodn pue 'paldope aq uopnlosay ayl Aq popuooes pue Xqqnx Aq panow seen ii z •eBed ES£ -76 'ON uolinloced NEAR SOUTHSIDE RESIDENTIAL U R B A N REVITALIZATION P L A N October 1994 TABLE OF CONTENTS NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION PLAN Section 1 - Selection Criteria for Near Southside Residential Urban Revitalization Area Code of Iowa Criteria - City of Iowa City Policy Criteria Residential Urban Revitalization Plan Objectives Section 2 - The Residential Plan Components Description of Residential Urban Revitalization Area Existing Assessed Valuations of Real Estate and Owners of Record of Real Estate - Land Use Proposals for Improving or Expanding City Services - Applicability of Plan - Qualifications for Eligibility - Tax Exemption Schedules - Relocation Provisions Section 3 - Federal, State, or Private Grant or Loan Programs Available for Improvements Section 4 - Prior Approval of Eligibility and Application for Tax Exemption Section 5 - Amendments to Plan Section 6 - Repeal of Ordinance Addendum R1 - Near Southside Residential Urban Revitalization Area Map Addendum R2 - Near Southside Neighborhood Redevelopment Plan - Redevelopment Sites Map Addendum R3 - Existing Assessed Valuation of Real Estate and Owners of Record of Real Estate Addendum R4 - Near Southside Residential Urban Revitalization Area — Existing Zoning Map Addendum R5 - Near Southside Residential Urban Revitalization Area — Existing Land Use Map 35 SECTION 1 : SELECTION CRITERIA FOR THE NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION AREA CODE OF IOWA CRITERIA Under the Urban Revitalization Act of the State of Iowa, the City is granted the authority to designate portions of the City which meet the specified criteria as revitalization areas. Accordingly on September 13, 1994, the City Council adopted a resolution finding that the proposed Near Southside Residential Urban Revitalization Area meets the criteria of Section 404.1 (4), Code of Iowa (1993), and that the rehabilitation, conservation, redevelopment, economic development or a combination thereof is necessary in the interests of the public health, safety and welfare of the residents of the City. 'Section 404.1 (4), Code of Iowa (hereafter "Code") specifically states that the City may designate an area of the City a revitalization area if that area is "an area which is appropriate as an economic development area as defined in section 403.17." Section 403.17, Code defines an economic development area as "an area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing." Moreover, Chapter 404, Code further provides that the City Council may adopt an urban revitalization plan to carry out the goals of economic development, as provided by state law. CITY OF IOWA CITY POLICY CRITERIA In March of 1992, the Iowa City City Council adopted the Near Southside Neighborhood Redevelopment Plan ("NSS Plan") which outlines City policy regarding the redevelopment of the area generally south of Burlington Street, west of Gilbert Street, east of Madison Street, and north of the Iowa Interstate Railway main line. It is the Council's intent herein that development within the Near Southside Residential Urban Revitalization Area be consistent with the policies outlined in the NSS Plan, and also be consistent with the Plan herein described, (see Addendum R1 for a map of the Residential Urban Revitalization Area.) The NSS Plan states that "the area south of Court Street is designated as the appropriate place for a high density residential neighborhood." Based on a thorough review of property in the NSS Plan area, the NSS Plan designates a significant number of parcels within the 'residential area' as potential redevelopment sites within the next ten years, as set out in Addendum R2. Based on the Council's intent, the properties set out in Addendum R1 are hereby designated as appropriate high density residential uses for urban revitalization purposes, and are hereby declared to be included in the Near Southside Residential Urban Revitalization Area (hereafter "Residential Area"), and said properties are further declared to be within this Near Southside Residential Urban Revitalization Plan (hereafter "Residential Revitalization Plan"). • The FY94-98 Comprehensive Housing Affordability Strategy (CHAS) outlines City policy regarding the provision of affordable housing. The first priority of the CHAS is to expand and maintain the affordable rental housing stock and expand rental assistance. The CHAS encourages local actions that expand the affordable rental housing stock, including the use of financial incentives. Near Southside Residential Urban Revitalization Plan 35� The NSS Plan identifies three historic structures in the Residential Area which are on or may be eligible for the National Register of Historic Places: 530 S. Clinton St. Penningroth Apartments 604 S. Clinton St. Duplex - Roffman 624 S. Clinton St. Railroad Hotel (apartments) - Roffman The adopted Iowa City Historic Preservation Plan promotes the use of local economic incentives, including property tax exemption, to preserve or restore buildings such as these. The City Council finds property tax exemption an appropriate financing mechanism to encourage redevelopment of this Residential Area. RESIDENTIAL URBAN REVITALIZATION PLAN OBJECTIVES The primary objectives of this Residential Revitalization Plan are to encourage the provision of housing for low and moderate income households with the redevelopment of the Residential Area, and to encourage the reuse of historic and architecturally significant structures in the Residential Area. The Council finds the Residential Area to be a good location in which to provide low and moderate income housing opportunities because of its close proximity to downtown shops and offices, the University of Iowa Campus, the public transportation hub and intercity bus service, the Public Library, the Recreation Center and the Senior Center. To achieve these objectives, the City of Iowa City shall undertake the urban revitalization activities as specified in this Residential Revitalization Plan, pursuant to the powers granted to it under Chapter 404, Code of Iowa (1993). • Near Southside Residential 2 Urban Revitalization Plan SECTION 2: THE RESIDENTIAL URBAN REVITALIZATION PLAN COMPONENTS DESCRIPTION OF RESIDENTIAL URBAN REVITALIZATION AREA The legal description of the Near Southside Residential Urban Revitalization Area is: County Seat Addition, all of Block 1 ; Block 19, Lots 1-4, except for the west 91 :70 feet of Lot 1 ; Block 8, Lots 5, 6, 7, and the west 60 feet of the south 53.5 feet of Lot 4; all of Block 9; all of Block 20 lying north and west of Ralston Creek; all of Block 12; and Block 11 , Lots 1, 7, and 8, the west 100 feet of Lot 6, and the north 40 feet of Lot 2, as described in Addendum R1 attached hereto and incorporated by reference herein. EXISTING ASSESSED VALUATION OF REAL ESTATE AND OWNERS OF RECORD OF REAL ESTATE Addendum R3, which is attached hereto and incorporated by reference herein, contains existing assessed valuations of all real estate in the Residential Area and contains a listing of the names and addresses of the owners of record of real estate within the Residential Area. LAND USE Existing Zoning The existing zoning of the Residential Area, as identified on the Iowa City Zoning Map, includes Planned High Density Multi-family Residential, PRM Zone and Central Business Service, CB-2 Zone (see attached Addendum R4). The existing zoning is generally consistent with the proposed land uses as illustrated on the Iowa City Comprehensive Plan 1989 Update Land Use Map. Existing Land Uses The existing land uses in the Residential Area include commercial uses (retail, office, and non- residential) and residential uses, see attached Addendum R5 for existing land uses. Proposed Land Uses The proposed land uses in the Residential Area shall be consistent with the City Zoning Code and the Iowa City Comprehensive Plan 1989 Update. Near Southside Residential 3 Urban Revitalization Plan 35? PROPOSALS FOR IMPROVING OR EXPANDING CITY SERVICES •e City Council has evaluated whether a need exists for improving or expanding city -rvices wit' 'n the Residential Area including, but not limited to, transportation facilitie , sanitary sewe solid waste collection, maintenance, park facilities, and police and fire pro••ction. The City Co cil has concluded, through adoption of the NSS Plan,that streetscapeprovements and other • blic spaces in the designated Residential Area would enhance the redevelopment of said Area. The City Council has also concluded that redevelopment oft • Residential Area will generate the need for a City-owned parking facility, either within th- esidential Area or in close proximity. APPLICABILITY OF THE PLAN Land Uses The Residential Revitalization P : applies to all qualified nal estate assessed as residential property, and also includes prop:rty assessed as co- mercial property but only if the commercial property consists of thr- - or more separ• e living quarters used for residential purposes. Both of these categories of • alified real -state must provide housing for low or moderate income households in order to qu. ify. "Low or moderate income households" mean those households, including single person h••u •holds, earning no more than 80% of the higher of the median household income of th- county as determined by the latest United States Department of Housing and Urban D:veto.ment, Section 8 income guidelines. The provision of housing for low or moderate i come h• seholds shall be ensured by the use of deed restrictions requiring continuation •.f units as a ordable to low or moderate income households for a minimum of fifteen (1 years, or the t- m of affordability conforming with the requirements of any federal progr. used for a project • the Residential Area, whichever is longer. Only the residential porti. of a structure assess-• as commercial property shall qualify for property tax exemption. owever, any reuse of a his •ric structure which has been assessed as residential or comm-rola! property shall be conside -d qualified real estate. • Types of Construction Eligibl• Eligible construction incl :es rehabilitation and additions to existing p •perty determined to be historic and/or archi •cturally significant by the Iowa City Historic Pr=servation Commis- sion, and also include- new construction for all residential property defin-. as qualified real estate. However, re abilitation of and additions to historic and/or architect. rally significant structures are elig'.le only if said rehabilitation and additions began after a.option of this Residential Revit. ization Plan and the corresponding Ordinance. "New constr tion" means buildings constricted after the date of adoption of this Residential Revitalization alan and any subsequent a••itions to those buildings. New construction that replaces existing tructures which are is •ntified herein as "historic and/or architecturally significant" is not e '•ible for property t. exemption. All reh- .ilitation to historic or architecturally significant structures shall be done in s ch a mann:r as to preserve or restore any historic structure to productive use in order t. be eligio e. The guidelines for determining if rehabilitation does preserve or restore the struct re sh. I be those set forth in the 1990 revised edition of the Secretary of Interior's Standards f•r -habilitation and Guidelines for Rehabilitating Historic Buildings. All additions to historically or architecturally significant structures shall be developed in such a manner as to be architecturally compatible with existing development. Plans and specifications for proposed Near Southside Residential 4 Urban Revitalization Plan PROPOSALS FOR IMPROVING OR EXPANDING CITY SERVICES The City Council has evaluated whether a need exists for improving or expanding city services within the Residential Area including, but not limited to, transportation facilities, sanitary sewer, solid waste collection, maintenance, park facilities, and police and fire protection. The City Council has concluded, through adoption of the NSS Plan, that streetscape improvements and other public spaces in the designated Residential Area would enhance the redevelopment of said Area. The City Council has also concluded that redevelopment of the Residential Area will generate the need for a City-owned parking facility, either within the Residential Area or in close proximity. APPLICABILITY OF THE PLAN Land Uses The Residential Revitalization Plan applies to all qualified real estate assessed as residential property, and also includes property assessed as commercial property but only if the commercial property consists of three or more separate living quarters used for residential purposes. Both of these categories of qualified real estate must provide housing for low or moderate income households in order to qualify. If a development project within these categories contains less than one hundred (100) percent qualified real estate, only that portion meeting the low/moderate income household guidelines shall be eligible for property tax exemption under the Plan. "Low or moderate income households" mean those households, including single person households, earning no more than 80% of the higher of the median household income of the county as determined by the latest United States Department of Housing and Urban Development, Section 8 income guidelines. The provision of housing for low or moderate income households shall be ensured by the use of deed restrictions requiring continuation of units as affordable to low or moderate income households for a minimum of fifteen (15) years, or the term of affordability conforming with the requirements of any federal program used for a project in the Residential Area, whichever is longer. Only the residential portion of a structure assessed as commercial property shall qualify for property tax exemption. However, any reuse of a historic structure which has been assessed as residential or commercial property shall be considered qualified real estate. Types of Construction Eligible Eligible construction includes rehabilitation and additions to existing property determined to be historic and/or architecturally significant by the Iowa City Historic Preservation Commis- sion, and also includes new construction for all residential property defined as qualified real estate. However, rehabilitation of and additions to historic and/or architecturally significant structures are eligible only if said rehabilitation and additions began after adoption of this Residential Revitalization Plan and the corresponding Ordinance. "New construction" means buildings constructed after the date of adoption of this Residential Revitalization Plan and any subsequent additions to those buildings. New construction that replaces existing structures which are identified herein as "historic and/or architecturally significant" is not eligible for property tax exemption. All rehabilitation to historic or architecturally significant structures shall be done in such a manner as to preserve or restore any historic structure to productive use in order to be eligible. The guidelines for determining if rehabilitation does preserve or restore the structure shall be those set forth in the 1990 revised edition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. All additions to historically or architecturally significant structures shall be developed in such a manner as to be architecturally compatible with existing development. Plans and specifications for proposed Near Southside Residential 4 Urban Revitalization Plan .35r exterior renovation must be submitted to the Iowa City Historic Preservation Commission for review and approval prior to issuance of a building permit in order for the improvements to qualify for property tax exemption. For those properties located in the PRM Zone area, all rehabilitation, additions and new construction must meet the applicable design criteria outlined in the PRM Zone of the City Zoning Ordinance. These design criteria are administered by the Director of Planning and Community Development. In addition, plans and specifications for the exteriors of all new construction must be submitted to the Iowa City Design Review Committee for review and recommendation. The Design Review Committee recommendation will be submitted to the Iowa City City Council for review and approval. The City Council must approve the exterior design prior to issuance of a building permit in order for the improvements to qualify for property tax exemption under this Plan. Time Frame • The Residential Area shall remain a designated revitalization area for ten years from the date of designation. • Revenue Bonds The City has no plans to issue revenue bonds for revitalization projects within the Residential Area. QUALIFICATIONS FOR ELIGIBILITY Qualified property improvements include rehabilitation and additions to existing historic and architecturally significant structures, together with new construction for all other property defined above as qualified real estate, see "Applicability of the Plan, Land Uses and Types of Construction eligible." Qualified property improvements do not include new construction that replaces structures identified in this Residential Revitalization Plan as historic and/or architecturally significantly. In order to be considered eligible, all improvements must be completed in conformance with all applicable regulations of the City of Iowa City, and must increase the actual value of the property as of the first year for which an exemption is received by at least fifteen VI 5) percent in the case of real property assessed as commercial property, or at least ten (10) percent in the case of real property assessed as residential property. Actual value added by improve- ments as used herein means the actual value added as of the first year for which the exemption was received. • TAX EXEMPTION SCHEDULE Tax exemption on qualifying improvements shall follow one of four schedules as set out by state law. Eligible property owners shall elect one of the four schedules. Once the election has been made and the exemption granted, the owner is not permitted to change the method of exemption. Exemption schedules are as follows: Near Southside Residential 5 Urban Revitalization Plan 35 r 1 . All qualified real estate assessed as residential property is eligible to receive an exemption from taxation based on the actual value added by the improvements. The exemption is for a period of ten years. .The amount of the exemption is equal to a percent of the actual valued added by improvements, determined as follows: one hundred fifteen percent (115%) of the value added by the improvements. However, the amount of the actual value added by the improvements which shall be used to compute the exemption shall not exceed twenty thousand dollars ($20,000), and the granting of the exemption shall not result in the actual value of the qualified real estate being reduced below the actual value on which the homestead credit is computed under Section 425.1, Code of Iowa (1993). 2. All qualified real estate is eligible to receive a partial exemption from taxation on the actual value added by the improvements. The exemption is for a period . of ten (10) years. The amount of the partial exemption is equal to a percent of the actual value added by the improvements, determined as follows: a. For the first year, eighty percent (80%). b. For the second year, seventy percent (70%). c. For the third year, sixty percent (60%). d. For the fourth year, fifty percent (50%). e. For the fifth year, forty percent (40%). f. For the sixth year, forty percent (40%). g. For the seventh year, thirty percent (30%). h. For the eight year, thirty percent (30%). • i. For the ninth year, twenty percent (20%). j. For the tenth year, twenty percent (20%). 3. All qualified real estate is eligible to receive a one hundred percent (100%) exemption from taxation on the actual value added by the improvements. The exemption is for a period of three (3) years. 4. All qualified real estate assessed as residential property or assessed as commercial property is eligible to receive a one hundred percent (100%) exemption from taxation on the actual value added by the improvements, but only if the commercial property consists of three (3) or more separate living quarters with at least seventy-five percent (75%) of the space used for residential purposes. The exemption is for a period of ten (10) years. RELOCATION PROVISIONS The City has considered provisions for the relocation of persons, including families, business concerns and others, who could be displaced as a result of improvements to be made in the designated Residential Area. Upon such consideration, the following shall be provided under the Residential Revitalization Plan: Benefits Upon application for and the City's verification of a property owner's eligibility for tax exemption, qualified tenants in the designated Residential Area shall be compensated by the Near Southside Residential 6 Urban Revitalization Plan 35g property owner for one month's rent and for actual reasonable moving and related expenses, where said displacement was due to action on the part of a property owner to qualify for said tax exemption. Eligibility "Qualified tenant" shall mean the legal displaced occupant of a residential dwelling unit which is located within the designated Residential Area whereh the person or family has occupied the same dwelling unit continuously for twelve (1 2) months prior to the City's adoption of this Residential Revitalization Plan. There are no relocation provisions made for displacement from commercial units. Actual Reasonable Moving and Related Expenses A qualified tenant of a dwelling is entitled to actual reasonable expenses for: a. Transportation of the displaced person and personal property from the displacement site to the replacement site. Transportation costs for a distance beyond twenty-five miles are not eligible. b. Packing, crating, unpacking and uncrating of personal property. c. Disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances and other personal property. d. Discontinuing, transferring or reconnecting utility services, including cable television. Least Costly Approach The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord. Near Southside Residential 7 Urban Revitalization Plan 35 SECTION 3: FEDERAL, STATE OR PRIVATE GRANT OR LOAN PROGRAMS AVAILABLE FOR IMPROVEMENTS Community Development Block Grants (CDBG) CDBG monies are federal funds which are appropriated to the City of Iowa City on an annual basis. Use of the CDBG monies must benefit low or moderate income persons. Federal Tax Credit for Historic Structures The federal government provides a federal tax credit for rehabilitation of properties listed on the National Register of Historic Places. HOME Program - HOME funds are appropriated by Congress to the Department of Housing and Urban Development (HUD) for housing activities. In Iowa City, these HOME funds are allocated through and administered by the Iowa Department of Economic Development. As with CDBG, HOME funds are designed to provide housing assistance to low and moderate income persons. Iowa Finance Authority Low Income Housing Tax Credits and Housing Assistance Fund Program Flexible financial programs that are intended to increase the supply and development of affordable housing for low and moderate income Iowans by providing low-interest loans or grants to eligible projects are available, together with federal tax credits as an incentive to investors in affordable housing projects. Federal Home Loan Bank (FHLB) Affordable Housing Programs A program to assist FHLB members in meeting the rising demand for.decent, affordable rental or owner-occupied housing for very low, low and moderate income households is available to provide direct grants to the lenders to write down the interest rate on mortgages for affordable housing projects. Near Southside Residential 8 Urban Revitalization Plan 3 5 E • SECTION 4: PRIOR APPROVAL OF ELIGIBILITY AND APPLICATION FOR TAX EXEMPTION A person may submit a proposal for an improvement project to the City to receive prior approval for eligibility for a tax exemption on the project, pursuant to Section 404.4, Code of Iowa (1993). An application shall be filed for each new exemption claimed and approved by the City Council pursuant to Section 404.4, Code. The City Assessor shall physically review each first-year application pursuant to Section 404.5, Code. SECTION 5: AMENDMENTS TO RESIDENTIAL REVITALIZATION PLAN Once the City has adopted the Residential Revitalization Plan herein, the City may amend said plan, but only after a public hearing before the City Council. Notice of said hearing on proposed amendments shall be published as required in Section 362.3, Code of Iowa (1993), provided that at least seven (7) days' notice is given, and that said public hearing is held no earlier than the next regularly scheduled City Council meeting following the published notice. SECTION 6: REPEAL OF ORDINANCE When in the opinion of the City Council the desired level of revitalization has been attained or economic conditions are such that the continuation of the exemption granted by this Residential Revitalization Plan would cease to be of benefit to the City, the City Council may repeal the ordinance establishing the Residential Area. In that event, all existing exemptions shall continue until their expiration. Approved by Api ity Attorney's Office /O%/ty ecodev\ressurp.nss Near Southside Residential 9 Urban Revitalization Plan 35 F . NEAR SOUTHSIDE Addendum Rl RESIDENTIAL REVITALIZATION AREA MAP _ • BURLINGTON . N. 3 41 Mt I03 1/4 COURT 3 Cart 2 • I House Federal Building j —HARRISON ` co o61 ItU ? 0 __L PRENTISS _13 IZ • mom I '' 1 21MI ---As n- _ � -1 �.-%'N‘N�w..*s• railer "i MIR NI -: H 16 Ma AM gy m \ "gm: LAFAYETTE • \, 1 S S s a 25 �; 26 27 28 �,� �� Map depicts existing parcels within urban revitalization area. 35 g NEAR SOUTH SIDE Addendum R2 REDEVELOPMENT SITES II 1 II II 1 I L Mr :A :•• = IIII < , a :> : : - ■ ■ > ■ ■ ■ COURT sr. - - UE UD _ ,o Q MEI OSBILDING 1 10 - - >< n• - a ii 11!!9"a ll am - In � . ii - - = //❖:. RC 1 PREMISS St. 1 NMI BOWERY MI _ :;i'.;:: ;:i:iii". gti.:.i fri:c 4 21 � �•:-: _or ;.;,,,_ _ -mo _ ml i .,•�����// LAFAYETTE Sf. - IM 26 III.a - - - - 23o !— — — a a — — — a al la W S BERTON St --- /- 7 ii . SCALE —0 400 LEGEND 5 YEARS . 4 VACATED STREETS ig:�i�:i ® BLOCK NUMBERS •••••Vs 5-10 YEARS I • 3SQ ADDENDUM R3 NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION AREA ASSESSED VALUATION OF REAL ESTATE AND OWNERS OF RECORD OF REAL ESTATE September 1994 Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address BLOCK 19, COUNTY SEAT ADDITION (BOUNDED BY COURT, MAIDEN LANE, HARRISON & LINN) 62881006 319 E. Court $214,960 $2,396,310 $2,611,270 Blackhawk Partners 1218 Highland Ct. • Iowa City, IA 52240 62884005 412-416 S. Linn St. 108,590 558,190 666,780 . Hwan Jo & Kong Jah Chung 1824 Graslon Dr. Iowa City, IA 52246 BLOCK 19 TOTALS $323,550 $2,954,500 $3,278,050 • • 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. N 2 Addendum R3 (cont'd) Near Southside Residential Urban Revitalization Area Land Building & Assessed Improvement Parcel # Property Address Value' I Assessed Value' Total' Owner of Record & Address BLOCK 12, COUNTY SEAT ADDITION (BOUNDED BY PRENTISS, CLINTON AND CAPITOL) 60820000 625 S. Clinton St. $70,500 $461,110 $531,610 Larry & Charmaine Svoboda 16 Cherry Lane, NE ' Iowa City, IA 52240 54246000 617 S. Clinton St. 18,000 62,030 80,030 Larry & Diane McConahay 24 Ealing Drive • Iowa City, IA 52246 58015000 615 S. Clinton St. 30,500 119,340 149,840 Polly Riggan 211 5th Street Coralville, IA 52241 65105000 611 S. Clinton St. 29,250 88,710 117,960 Ron Johnson & Kay Radke-Johnson 4490 Daniels Circle, NE Solon, IA 52333 53001000 605 S. Clinton St. 24,750 76,850 101,600 William & Donna Launspach P.O. Box 1306 Iowa City, IA 52244-1306 60990001 600 S. Capitol St. 91,000 - - 91,000 Hodge Development Co. 711 S. Gilbert St. Iowa City, IA 52240 54770001 630 S. Capitol St. 214,000 2,188,310 2,402,310 Harry Hinckley 1165 S. Riverside Dr. Iowa City, IA 52246 54601001 620 S. Capitol St. 11,050 44,620 55,670 Lillian Kuenster 620 S.Capitol St. Iowa City, IA 52240 BLOCK 12 TOTALS $489,050 $3,040,970 $3,530,020 3 Addendum R3 (cont'd) . Near Southside Residential Urban Revitalization Area • Land , Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address BLOCK 9, COUNTY SEAT ADDITION (BOUNDED BY HARRISON, LINN, PRENTISS, DUBUQUE) 61498000 222 E. Prentiss St. $17,940 $38,790 $56,730 Wendram Bluff Develop. Inc. c/o Haywood Belle Box 1126 Iowa City, IA 52244 54758000 226 E. Prentiss St. 9,490 42,650 52,140 George Knorr 330 Kimball Road Iowa City, IA 52240 53625000 230 E. Prentiss St. 16,610 46,020 62,630 Laurence R. Short Kenneth Belle P.O. Box 1126 • Iowa City, IA 52244 53041000 525 S. Linn St. 11,570 - - 11,570 H.D. Short & Sons P.O. Box 1126 Iowa City, IA 52244 55075000 521 S. Linn St. 13,260 46,580 59,840 H. Richard Jr. & Barbara Montross 124 Penfro Dr. Iowa City, IA 52246 58825000 515 S. Linn St. 17,550 36,140 53,690 H. Richard Jr. & Barbara Montross 124 Penfro Dr. • Iowa City, IA 52246 55026000 219 Harrison St. 15,990 44,740 60,730 Kevin & Carol Kidwell 2162 Sugar Bottom Rd., NE Solon, IA 52333 53693000 509 S. Linn St. 27,680 86,010 113,690 James Riggan 2328 Copi Road, NW Oxford, IA 52322 54437000 526-532 S. Dubuque St. 36,000 164,300 200,300 Harry Hinkley 886 Park Place Iowa City, IA 52246 61497000 214 E. Prentiss St. 4,000 -- 4,000 Harry Hinkley 886 Park Place Iowa City, IA 52246 f j 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. , on • 4 Addendum R3 (cont'd) Near Southside Residential Urban Revitalization Area Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address 57585000 500 S. Dubuque $63,000 $154,190 $217,190 Gene Krueger 500 S. Dubuque St. Iowa City, IA 52240 55019000 522 S. Dubuque 72,000 -- 72,000 Gene Kroeger&David Tigges 500 S. Dubuque St. Iowa City, IA 52240 57582000 512 S. Dubuque 81,000 74,240 155,240 Gregory&Rosemary Zimmerman 512 S. Dubuque St. Iowa City, IA 52240 BLOCK 9 TOTALS $386,090 $733,660 $1,119,750 • • IA 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. og 5 Addendum R3 (cont'd) Near Southside Residential Urban Revitalization Area • Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address • BLOCK 1, COUNTY SEAT ADDITION (BOUNDED BY COURT, LINN, HARRISON, DUBUQUE) 65057000 228 E. Court St.2 $288,000 $380,560 $668,560 St. Patrick's Church (tax exempt) (tax exempt) (tax exempt) 228 E. Court St. Iowa City, IA 52240 57603001, 400 S. Dubuque $110,450 $1,116,540 $1,226,990 Jackson Square Assoc. 414 E. Market St. Iowa City, IA 52245 54660000 414 S. Dubuque 51,900 348,820 400,720 James & Loretta Clark 414 E. Market St. Iowa City, IA 52245 59593000 408 S. Dubuque 14,850 83,770 98,620 Richard& Goldene Haendel 402 McLean St. Iowa City, IA 52246 60416000 422 S. Dubuque 59,950 231,420 291,370 Penningroth Apartments P.O. Box 5292 Coralville, IA 52241 • 60412000 432 S. Dubuque 41,250 249,580 290,830 Penningroth Apartments P.O. Box 5292 - Coralville, IA 52241 BLOCK 1 TOTALS $278,400 $2,030,130 $2,308,530 BLOCK 20, COUNTY SEAT ADDITION (BOUNDED BY HARRISON, MAIDEN LANE, PRENTISS) 65265000 500 S. Linn St. $56,860 $466,670 $523,530 Linn St. Associates 3224 E. Washington St. Iowa City, IA 52245 BLOCK 20 TOTALS $56,860 $466,670 $523,530 • • cC2Totals donotinclude tax exempt values for Land & assessed values are the 1993 Assessment as 228 Court St.provided by the City Assessor's Office. • 6 Addendum R3 (cont'd) Near Southside Residential Urban Revitalization Area Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address BLOCK 11, COUNTY SEAT ADDITION (BOUNDED BY PRENTISS, DUBUQUE, WRIGHT, CLINTON) 55877000 624 S. Clinton St. $60,500 $302,660 $363,160 John & Joellen Roffman 1314 Burry Drive Iowa City, IA 52246 60308000 614 S. Clinton St. 18,000 70,210 88,210 John & Joellen Roffman 1314 Burry Drive Iowa Oily, IA 52246 53542000 610-612 S. Clinton St. 18,000 89,480 107,480 John & Joellen Roffman 1314 Burry Drive Iowa City, IA 52246 53650000 604 S. Clinton St. 18,200 92,530 110,730 John & Joellen Roffman 1314 Burry Drive Iowa City, IA 52246 60395000 109 E. Prentiss St. 9,860 62,520 72,380 John & Joellen Roffman 1314 Burry Drive Iowa City, IA 52246 57176000 113 E. Prentiss St. 14,780 79,560 94,340 . Harry & Paulette Hinckley 886 Park Place Iowa City, IA 52246 53464002 603 S. Dubuque St. 47,000 222,760 269,760 Michael Hodge 711 S. Gilbert St. • Iowa City, IA 52240 56684000 623 S. Dubuque St. 62,000 760,030 822,030 I.C. Investors, Inc. P.O. Box 2000 Iowa City, IA 52244 BLOCK 11 TOTALS $248,340 . $1,679,750 $1,928,090 (r) N 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 7 Addendum R3 (cont'd) Near Southside Residential Urban Revitalization Area Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value' Total' Owner of Record & Address BLOCK 8, COUNTY SEAT ADDITION (BOUNDED BY DUBUQUE, PRENTISS, CLINTON AND HARRISON) 53495000 528 S. Clinton $45,000 $92,970 $137,970 Jean Bartley 505 Whiting Ave. Iowa City, IA 52245 54193000 118 E. Prentiss 10,530 80,000 90,530 James & Becky Jo Buxton 1811 Muscatine Ave. • Iowa City, IA 52240 60417000 530 S. Clinton 19,120 100,140 119,260 Penningroth Apartments P.O. Box 5292 Coralville, IA 52241 62189002 508-510 S. Clinton 31,000 166,650 197,650 George & Marcia Nagle 301 S. Dubuque St. Iowa City, IA 52240 62189003 516-518 S. Clinton 31,000 148,400 179,400 George & Marcia Nagle 301 S. Dubuque St. Iowa City, IA 52240 62189004 522 S. Clinton 124,000 736,550 860,550 George & Marcia Nagle 301 S. Dubuque St. Iowa City, IA 52240 56749000 114 E. Prentiss 15,000 67,390 82,390 Islamic Society of Iowa City 114 E. Prentiss St. Iowa City, IA 52240 BLOCK 8 TOTALS $275,650 $1,392,100 $1,667,750 NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION AREA GRANT TOTAL $2,057,940 $12,297,780 $14,355,720 ecodeAnssadd3.chl • (�j, 'Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 04 NEAR SOUTHSIDE Addendum R4 / RESIDENTIAL REVITALIZATION AREA MAP r — EXISTING ZONING — i BURLINGTON ' NN. 11 _ 93 . I 0 I a:2 13 COURT 1 1 IN 3 court 2 I ill House Federal Bui/ding 1 \`\\\� HARRISON \\.P �� IISIEa rhsalm III ='''= Q 1S.1 11 ■ ° IIIii /a1 _ PRENTISS 1 UII.. 11 �1�. 11 " - N -1I 21 �El 11 -1, 111VT'11 11 1 �1;1 I6 I;1 1� PIM 1 rZONE . \-1 % CH-2 ZONE \�\�� LAFAYETTE 1 25 26 27 28 sN St- 1 3%% NEAR SOUTHSIDE Addendum R5 RESIDENTIAL REVITALIZATION AREA MAP - EXISTING LAND USES - I BURLINGTON - 93 101 a!2 1b3 COURT 3 Cart 2 Mw J House Federal `u"'"iiiii • Building �� HARRISON � ::: IilliI. 6 7 U . for 7,0 e a. ~ mco m J o • ,,,E* / PRENTISS ......... ' I _ ;; \- __13 : :: :>::: :•>:::::;:::,� ..:.:.. ..... 10 ' 21 MI .:....... .......... ......... igys \ ISO , I ,G Q `` i \\\ _ — _ .t `,r�J‘ \ I \\' 1�' 16 inn commercial (Retail/Office/Noe-Residential) .\\.,, MOM Residential — \ Commercial i Residential ' ';, 25 26 N Religious -tet 1 \\ \ Li I\ L____ 35t' V �Q q-es RESOLUTION NO. 94-359 RESOLUTION AUTHORIZING THE PREPARATION OF A DESIGN PLAN FOR THE NEAR SOUTHSIDE NEIGHBORHOOD AND DECLARING THE COUNCIL'S INTENT ON THE ALLOCATION OF INCREMENTAL PROPERTY TAX REVENUES WHEREAS, the City Council of the City of Iowa City, Iowa has adopted the Near Southside Neighborhood Plan, the Near Southside Commercial Urban Revitalization Plan and the Near Southside Residential Urban Revitalization Plan; and WHEREAS, to ensure that the design of development projects within the Near Southside Neighborhood ("the NSS Neighborhood") comply with a design concept envisioned for the NSS Neighborhood, the City Council has identified public improvement projects that the Council wishes to see considered as part of the NSS Neighborhood; and WHEREAS, in order to implement the design concepts envisioned for the NSS Neighborhood, the City finds it in the public interest to develop a design plan for said Neighborhood; and WHEREAS, the City Council anticipates financing certain public improvements in the NSS Neighborhood, and further desires to demonstrate the Council's intent to assure that a minimum of seventy-five percent of the future incremental city property taxes levied and collected each year on property receiving property tax exemption within the NSS Neighbor- hood, or an equivalent amount from other.funding sources, be used for public improvement projects within the NSS Neighborhood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1 . The City Council directs City staff to begin the process of hiring a consultant to prepare, for Council approval, a design plan for the twenty block NSS Neighborhood, which shall include the following elements: a. The design plan shall provide for public spaces. Such public spaces may include a pedestrian mall, an outdoor reflecting pool/skating rink on the new mall, neighborhood open space, a creek walk, and other well-placedand well- designed sites for public gathering. b. The design plan shall include improvements designed to encourage pedestrian use of streets and walkways in the NSS Neighborhood, including elements that make public areas more accessible to people with disabilities and also make Burlington Street an easier, safer and more attractive street for pedestrians to cross. c. The design plan shall propose revisions to City zoning regulations in a way that will prescribe design elements which create a 'unifying sense of place' through architectural design and public improvement projects. d. The design plan shall anticipate mixed-use redevelopment for the NSS Neighborhood south of Court Street at a scale appropriate for this residential area, including, predominantly residential development integrated with small scale commercial enterprises such as restaurants, outdoor cafes and small shops. The plan shall also indicate techniques by which public improvement projects can promote and encourage such redevelopment. 351 Resolution No. 94-359 Page 2 e. The design plan shall define suitable locations for public art, and shall define a process by which suitable art can be commissioned and produced. 2. The City staff shall propose to the City Council by January 31, 1995, a process by which the design plan will be prepared and implemented; and guided by Council response, staff shall issue a Request for Proposals to be submitted to design consultants by March 1, 1995, with the intent of a design plan completed by December 31, 1995. 3. In order to carry out the City Council's goal of providing City support for the design concepts and goals envisioned in the NSS Neighborhood, including City-financed public improvement projects which create a 'unifying sense of place,'the City Council directs City staff to establish an administrative method of assuring that seventy-five (75%) of city property taxes collected on the added value of improvements from each NSS Neighborhood property receiving property tax exemption, or an equivalent amount from other funding sources, shall be allocated to a Near Southside Redevelopment Fund. For purposes of this resolution, city property taxes shall include only those taxes generated by the city's general tax levy; and as set forth in the Urban Revitalization Plans adopted contemporaneously herewith, these taxes shall be collected for a ten (10) year period beginning with the first year of the tax exemption schedule selected for a qualifying property. Passed and approved this 13th day of December , 1994. AYOR �Y, /> /J Approvecjby • ATTEST: x,+.�,n,,._) "7S . "7 nj /lam Lf//" CIT CLERK ity Attorney's Office /�/'9/ It was moved by Throgmorton and seconded by Pigott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick Pigott • �_ Throgmorton ecodev\nssplan.res 359 (4--- tS tc RESOLUTION NO. 94-360 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Gabe's - 330 E. Washington Street It was moved by Novick and seconded by Throgmorton that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker X Horowitz X Kubby X Lehman X Novick X Pigott Throgmorton Passed and approved this 20th day of December , 19 94. - W/I: , MAYOR // App ved by ATTEST: 7 a4caJ 9�• 7 A '/ 4, CITY"CLERK ity Atto ney%'O ice \danceprm.res • 3lV tes RESOLUTION NO. 94-361 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TWO (2) SANITARY SEWER EASEMENT AGREEMENTS FOR 753 W. BENTON STREET. WHEREAS, pursuant to Section 14-5H-2 of the City Code of the City of Iowa City, Iowa, Tom Lepic submitted a site plan for the construction of a 12-unit apartment building addressed 753 W. Benton; and WHEREAS, City staff has approved the site plan for 753 W. Benton Street subject to Lepic and the adjacent property owner entering into Sanitary Sewer Easement Agreements with the City of Iowa City; and WHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . The Mayor is hereby authorized to sign and the City Clerk to attest the Sanitary Sewer Easement Agreements for 753 W. Benton Street. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution to be recorded by Tom Lepic in the Johnson County Recorder's Office, together with the Sanitary Sewer Easement Agreements. Passed and approved this 20th day of December , 1994. AYOR Approved by JJJ ATTEST: 9("./ 7// t / IS //mac / n -z-9y CIT CLERK City •ttorne `Qfice It was moved by Novick and seconded by Throgmorton -- the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick Pigott X Throgmorton pweng\753wbent.res RESOLUTION NO. 94-362 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVE- MENTS FOR 753 W. BENTON STREET. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Two manholes and 162 linear feet of 8-inch PVC truss pipe sanitary sewer improvements for 753 W. Benton Street, as constructed by Maxwell Construc- tion, Inc. of Iowa City, Iowa. WHEREAS, a maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said improvements be hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of neremhnr , 1994. AYOR �/ �� J Approved by • ATTEST:) rtt�sr2 7f . 7V2A4-- Ctt �p ' /2-Z-9y CITY CLERK �sttorne) ffice It was moved by Novick and seconded by Throgmorrnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz Kubby Lehman Novick Pigott X Throgmorton pweng1753wben2.res 362- (5 ( RESOLUTION NO. 94-363 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CIVIL DEFENSE WARNING SIREN EASEMENT AGREEMENT FOR WILD PRAIRIE ESTATES, PART ONE WHEREAS, the local emergency management plan for the City of Iowa City requires the installation of a Civil Defense Warning Siren within Part One, Wild Prairie Estates, a subdivision of the City of Iowa City, Johnson County, Iowa; and WHEREAS, the Owner, Kennedy-Hilgenberg Enterprises, has requested that the City erect said Civil Defense Warning Siren outside of the public right-of-way to preserve the marketability and property values of adjoining lots; and WHEREAS, the Owner has agreed to enter into a Civil Defense Warning Siren Easement Agreement wherein the City is granted an easement within the existing Utility Easement area for placement of the civil defense warning siren; and WHEREAS, the local emergency management coordinator, the Owner and the Utility Easement Holders have agreed to place the civil defense warning siren within the civil defense warning siren easement area designated and legally described in the Permanent Civil Defense Warning Siren Easement Agreement and plat attached hereto as Exhibit "A" and incorporated by this reference; and WHEREAS, Public Works has recommended placement of the civil defense warning siren within the proposed easement area and it is in the public interest to place the civil defense warning siren within the proposed easement area; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the Permanent Civil Defense Warning Siren Easement Agreement for Wild Prairie Estates, Part One, between the Owner, Utility Easement Holders and the City, upon direction by the City Attorney. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached Exhibit "A", said recording costs to be paid by Kennedy-Hilgenberg Enterprises. 31.3 It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: • ABSENT: x Baker x Horowitz Kubby Lehman x Novick x Pigott x Throgmorton Passed and approved this 70th day of Tleremher ,,1994. €4)7- fliCr-n(55— AYOR ATTEST: 94ea-& 91? CITY CLERK Approved by i! ' Ps i- /z-7V—FV City A orney's Q n1serahManduselwameasa.res 3 63 CXh/6ie !9 PERMANENT CIVIL DEFENSE WARNING SIREN EASEMENT AGREEMENT This Agreement is made by and between Kennedy-Hilgenberg Enterprises, (hereinafter "Owner"), Iowa-Illinois Gas and Electric Company, U.S. West Communications, and TCI Cablevision, (collectively hereinafter"Utility Easement Holders") and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, the local emergency management plan for the City of Iowa City requires the installation of a Civil Defense Warning Siren within Part One, Wild Prairie Estates, a subdivision of the City of Iowa City, Johnson County, Iowa; and WHEREAS, the Owner, Kennedy-Hilgenberg Enterprises has requested that the City erect said Civil Defense Warning Siren outside of the public right-of-way to preserve the marketability and property values of adjoining lots; and WHEREAS, the Owner has agreed to enter into a Civil Defense Warning Siren Easement Agreement wherein the City is granted an easement within the existing Utility Easement area for placement of the civil defense warning siren; and WHEREAS, the local emergency management coordinator, the Owner and the Utility Easement Holders have agreed to place the civil defense warning siren within the Civil Defense Warning Siren Easement area designated and legally described on the plat attached hereto as Exhibit "A" and incorporated by this reference; and WHEREAS, Public Works has recommended placement of the civil defense warning siren within the proposed easement area and it is in the public interest to place the civil defense warning siren within the proposed easement area. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner and Utility Easement Holders hereby grant and convey to the City an easement for purposes of excavating for and the installation, replacement, maintenance and use of a Civil Defense Warning Siren as the City shall from time to time elect for the purpose of providing emergency warning services to the public and\or complying with the local emergency management plan together with all necessary appliances and fittings for use in and in connection with said Civil Defense Warning Siren, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the premises designated "Civil Defense Warning Siren Easement" and legally described on the plat attached hereto as Exhibit "A" (hereinafter "easement area"). The Owner, Kennedy-Hilgenberg Enterprises, shall, upon purchase, advise the purchaser of the adjoining lot, Lot One, Wild Prairie Estates Part One, of the existence of the Civil Defense Warning Siren, and shall further advise the purchaser that said siren will be periodically tested in conformance with the local emergency management plan for Iowa City, Iowa. The recorded easement shall be further notice to the original purchaser and any future owners that said siren will be tested from time to time in conformance with the local emergency 3 CO3 management plan for Iowa City, Iowa. Owner and Utility Easement Holders further grant to the City the following rights in connection with the easement: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to the civil defense warning siren, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner and Utility Easement Holders against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance rights by the City or its agents or employees in the course of their employment. The Owner and Utility Easement Holders reserve a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and Utility Easement Holders shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement area; or substantially add to the ground cover of said easement area. The Owner and Utility Easement Holders hereby covenant with the City that they are lawfully seized and possessed of the real estate described above, and that they have good and lawful right to convey it or any part thereof. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. 5 SIGNED this Q day of �u:nug, . 1997. KENNEDY-HILGENBERG ENTERPRISES BY: ..%4 Ja es R. Kennedy, Part er BY t . 1A ' Je J. Hil•-- •erg, Pae j 3( 3 CITY OF IOWA CITY, IOWA •pprove• : Bdixta-e4 --2hrc.,5„..da 1 usan M Hobswitz, ay C Attorn, Office �/ /'�"ciV Attest: u� Marian K:1<arr, City Clerk ' STATE OF IOWA ) • ) SS: JOHNSON COUNTY ) On this ,3Oday of December, 1994, before me the undersigned, a Notary Public in and for said State, personally appeared James R. Kennedy, to me personally known, who being by me duly sworn, did say that the person is one of the partners of Kennedy-Hilgenberg Enterprises, a partnership, and that the foregoing instrument was signed on behalf of the partnership by authority of the partners, and that James R. Kennedy acknowledged the execution of the instrument to be the voluntary act and deed of the partnership, by it and by the partner voluntarily executed. S< ' , • - Public IF and orrc tate of Iowa STATE OF IOWA ) SS: JOHNSON COUNTY ) On this€Qday of December, 1994, before me the undersigned, a Notary Public in and for said State, personally appeared Jerry J. Hilgenberg, to me personally known, who being by me duly sworn, did say that the person is one of the partners of Kennedy-Hilgenberg Enterprises, a partnership, and that the foregoing instrument was signed on behalf of the partnership by authority of the partners, and that Jerry J. Hilgenberg acknowledged the execution of the instrument to be the voluntary act and deed of the partnership, by it and by the partner voluntarily executed. All Qat' 'u•lic 'j an• for 7tate of Iowa • 363 STATE OF IOWA SS: JOHNSON COUNTY ) On this ?qday of 7-C-col44r , 1994; before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. s C - ' Notary Public in and for the State of Iowa .3103 I i ► I I I I ISCI I II II •, I , 14 / 3n �u C �- °ti'coc o ;/ �, 0 0 5 o/; Q%QA- `C 0 �0 t ate` • %' r / / 3 Q' a per' / , vv, /Q I N9 oQ o`` ao I 0 ASSUMED o / � o'` 5 ICC/ I LI . ._-- i 451^Ve,0°,..).("- I 161 / 2 010 25 50 75 100 150 200 H .I GRAPHIC SCALE IN FEET i I I• 1.=1QQ' I 1 N77-02'10E 50124'05'W PROPRIETOR: 10.32' 1 15.15' KENNEDY—HILGENBERG ENTERPRISES II `'1 �t c61A9 � - " POINT OF I 1 t5 U1< BEGINNING I "' { 1 N01'24'05'W 57529120"W 15.44' 10.40' CML DEFENSE WARNING SIREN EASEMENT BEGINNING AT THE SOUTHEAST CORNER OF LOT ONE, WILD PRAIRIE ESTATES PART ONE. IOWA CITY. IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 32, AT PAGE 64, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE 575'29'20"W, ALONG THE SOUTH LINE OF SAID LOT ONE AND THE NORTHERLY RIGHT—OF—WAY LINE OF ROHRET ROAD. 10.40 FEET; THENCE N01'24'05"W, 15.44 FEET; THENCE N7T02'16-E, 10.32 FEET TO A POINT ON THE EAST LINE OF SAID LOT ONE; THENCE S01-24'05"W, ALONG SAID EAST LINE 15.15 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 153 SQUARE FEET. MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I HEREBY CERTIFY THAT THIS PLAT, MAP, SURVEY OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY REGISTERED wftIVI"""i LAND SURVEYOR UNDER THE LAWS OF THE STATE OF „ots 0'. a✓,,•.+ % °• r ' �'1 C�'''moi IOWA. . - 1^'. i?r_.')se�'s moo: -OBERT D. MI LSON, REG NO. 7036 DA ` MY REGIST' • TION EXPIRES, DECEMBER 31, 191n`-i" %e., . 2 l SI � BEFORE KITH'S DAY %� /l / SJItV� \t\` ,Y19_. A. i,.,P"r" NOTARY PUBLIC, IN AND FOR THE STATE OF IOWA ' 7,0 1 R, D REOflCUSRD IIID BE RIDER E o"WapaaPExtt 'Civil Defense Warning Siren Easement M MMS CONSULTANTS, INC. LG •5/8XWigLS.CAPSET M Iowa Cit Iowa - .- =FDIDE ,, Lot 1, Wild Prairie Est. Pt 131g_35�-8282 TM IOWA CITY, IOWAD D C A D SCALE FN3 E'wA N dam tic CMS R RDM c 12-9-94 1"=100' ° 0 3376=001 363 RESOLUTION NO. 94-364 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 321 E. FIRST STREET, IOWA CITY, IOWA WHEREAS, on September 30, 1987, the property owner of 321 E. First Street, Iowa City, Iowa, executed a Promissory Note in the amount of $13,000 for a no interest rehabilitation loan through the Community Development Block Grant (CDBG) Program; and WHEREAS, said Promissory Note created a lien against the subject property; and WHEREAS, the balance was paid in full on November 1 , 1993. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 321 E. First Street, Iowa City, Iowa, from an obligation to pay to the City the principal amount of $13,000, which obligation was recorded in Book 982, Page 311 of the Johnson County Recorder's Office. Passed and approved this 20th day of December , 1994. AYOR �� a // , . . 'ved by • • ATTEST: �(a.�ca e) 9C• 7ei i.cc L:; iLc .L,&4}%/c,j CIT CLERK City Attorney's •ffice It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman Novick Pigott _X___ Throgmorton ppdrehab\321 eastl.res 36f— RELEASE OF LIEN The City of Iowa City does hereby release the following property at 321 E. First Street, Iowa City, Iowa, legally described as follows: Lot 2 in Block 4, Cook, Sargent and Downey's Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the property owner to the City of Iowa City in the principal amount of $13,000 represented by a Promissory Note recorded in the Office of the Johnson County Recorder's Office on September 30, 1987, in Book 982, Page 311. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the property described above by reason of said recorded document. CITY OF IOWA CITY, IOWA By: da or /741-0-742.5------ Mayor ATTEST: M-Lejeci d by / Atee-se • 7CR�r eJ °LC,✓7t/�_.�'2( 1��9Cit Clerk City Attorney's e Y STATE OF IOWA ) SS: JOHNSON COUNTY ) f� before me, the On this 20 day of �e , A.D. 19 49 ce �ix— undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz 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 Resolution No.f*- 44 adopted by the City Council on the aa.day .ecer..he , 19q ; and that the said Susan M. Horowitz and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed and said corporation, by it and by them voluntarily executed. .SrmrLnao Notary Public in and for Johnson County, Iowa p pdreba b\321 eastl.rel 45 7Dg_ RESOLUTION NO. 94-365 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE OF LIENS FOR PROPERTY LOCATED AT 847 RUNDELL STREET, IOWA CITY, IOWA. WHEREAS, on June 17, 1988, the property owner of 847 Rundell Street, Iowa City, Iowa, executed Promissory Notes for the amount of $22,000 in the form of a Ten Year Depreciating Lien and a Life Lien in exchange for housing rehabilitation assistance; and WHEREAS, said Promissory Notes created a lien against the subject property; and WHEREAS, on February 7, 1994, the property owner passed away and thus the $11,000 Ten Year Depreciating Lien has been forgiven leaving an $11,000 balance on the Life Lien; and WHEREAS, the $11,000 Life Lien has been refinanced in the form of a low interest loan to a relative of the former owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 847 Rundell Street, Iowa City, Iowa, from an obligation to pay to the City the principal amount of $22,000, which obligation was represented by Promissory Notes in the form of a Life Lien and a Ten Year Depreciating Lien recorded in Book 1049, Page 257. Passed and approved this 20th day of December , 1994. AYOR �/ ved by �� ATTEST: �F • 9 +/ `� :F/uLCt-k_z /Lc- ' li y CITY LERK City. Attorney's ffice 7 It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick Pigott Throgmorton ppdrehab\847rund.res 3" RELEASE OF LIEN The City of Iowa City does hereby release the following property at 847 Rundell Street, Iowa City, Iowa, legally described as follows: Lot nine (9) in block six (6) in Rundell, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the property owner to the City of Iowa City in the principal amount of $22,000 represented by a Promissory Note recorded in the Office of the Johnson County Recorder on March 7, 1989, in Book 1049 Page 257. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. CITY OF IOWA CITY By: . / 58kri4 6- • ayor Attest: itr,.,,. (617/ed by: City lerk 'tJDEA,/ �/ . cC L Q (nc City Attorney's ffice STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 20 day of .Dece.vue.— , 19 99 , before me, c'n„dr4-a-. -F„r1 - , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 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 Resolution No. 91F-365 passed by the City Council, on the Zai day of ,Q<cr.,.f er , 19 94- , and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Sonatt_4_. (7549— Notary Public in and for the State of Iowa ppdrehab1847runde.rel 365 6(L \ RESOLUTION NO. 94-366 RESOLUTION CERTIFYING TO THE TREASURER OF THE STATE THE ACTUAL POPULATION OF ANNEXED TERRITORY GENERALLY KNOWN AS THE SOUTH WASTEWATER TREATMENT PLANT, LOCATED SOUTH OF THE SOUTHERN CORPORATE LIMITS. WHEREAS, on March 22, 1994, the City of Iowa City submitted an application to the City of Iowa City to voluntarily annex an approximately 166 acre tract of land located south of the southern corporate limits; and WHEREAS, on September 27, 1994, via Resolution No. 94-310, the City Council approved this voluntary annexation application; and WHEREAS, in conformance with Iowa Code §312.3, ¶4, the Mayor and City Council must certify to the Treasurer of the State the actual population of the annexed territory as determined by the last certified Federal Census of said territory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. According to the 1990 Federal Census, the population of the following annexed land described in Exhibits A, B and C is zero (0). 2. The City Clerk is hereby authorized and directed to certify and file the necessary documents with the Treasurer of State as required by Iowa Code §312.3, ¶4. Passed and approved this 20th day of December , 1994. AYOR tinef145 Approv:. by ATTEST: 7'y( � 7f. ff//tu� •� '��de /I/ CITY CLERK •ttorne 'R�O 'ce It was moved by Novick and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton ppdadminlwastewtr.res 3"atl EXHIBIT A Treatment Plant Site The Northeast Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal Meridian, Johnson County, Iowa, which is more particularly described as follows: Beginning at a Standard Concrete Monument found at the Southeast Corner of the Northeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence 588°00'28"W, a recorded bearing along the South Line of said Northeast Quarter, 2615.31 feet, to an iron pin found at the Southwest Corner of said Northeast Quarter of Section 35; Thence N01°58'07"W, 2651.36 feet, to an iron pin set; Thence N87°51'35"E, 2631.59 feet, to a Standard Concrete Monument found at the Northeast Corner of said Northeast Quarter of Section 35; Thence S01°37'05"E, 2658.22 feet, to the Point of Beginning. Said tract of land contains 159.89 acres, more or less, and is subject to easements and restrictions of record. EXHIBIT B Nursery Lane The northerly portion of the existing county road known as Nursery Lane, acquired in Fee Simple in the name of The City of Iowa City, for the purpose of construction of sewer improvements over and across said land and more particularly described as follows: Beginning at an iron pin found in the centerline of Nursery Lane, at the Southeast Corner of the Northwest Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence N88°00'28"E, a recorded bearing along the North Line of the Southeast Quarter of said Section 35, 100.09 feet, to a point 100.00 feet normally distant east of the West Line of said Southeast Quarter; Thence S00°56'39"E, 16.50 feet; Thence S88°00'28"W, along a line parallel with and 16.50 foot normally distant southerly of the North Line of the Southwest Quarter of said Section 35, 1753.26 feet, to its intersection with the centerline of Sand Road; Thence northwesterly, 55.49 feet, along said centerline, on a 1189.77 foot radius curve, concave southwesterly, whose 55.48 foot chord bears N28°50'35"W, to its intersection with the westerly projection of the North Right-of-Way line of said Nursery Lane; Thence N88°00'28"E, along said Northerly Right-of-Way Line, 1678.55 feet, to its intersection with the East Line of the Northwest Quarter of said Section 35; Thence 501°58'07"E, along said East Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 1.93 acres, more or less, and is subject to easements and restrictions of record. EXHIBIT C South Access Road Commencing at a found concrete monument at the Northeast Corner of the Southeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S88°00'28"W (An Assumed Bearing), along the North Line of said Southeast Quarter, 1,214.75 feet, to the Point of Beginning; Thence S02°04'36"E, 527.86 feet; Thence N53°35'12"E, 36.33 feet; Thence S02°04'36"E, 50.00 feet; Thence 353°35'12'W, 36.33 feet; Thence S02°04'36"E, 41.18 feet; Thence 509°39'32"E, 2057.00 feet, to a point on the South Line of the Southeast Quarter of said Section 35; Thence S87°57'26"W, along said South Line, 66.59 feet; Thence N09°39'32"W., 2052.54 feet; Thence NO2°04'36"W, 0.47 feet; Thence 538°53'53'W, 45.75 feet; Thence 502°04'36"W, 50.00 feet; Thence N38°53'53"E, 45.75 feet; Thence NO2°04'36"W, 573.051 feet, to a point on the North Line of said Southeast Quarter, Thence N88°00'28"E, along said North Line, 66.00 feet, to the Point of Beginning. Said tract of land contains 4.12 acres, more or less, and is subject to easements and restrictions of Record. p pdadm i n\exhib its.cd - 1822 ?ACE 53 3 40(c 11 . Pim -lite- RESOLUTION NO. 94-367 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER FLOOD REPAIRS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISE- MENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA that: 1 . The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 10th day of January, 1995. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 17th day of January, 1995, or at such later time and place as may then be fixed. Passed and approved this 20th day of December , 1994. 1 " AYOR Approved b ATTEST: IL� : . . G(/ CIT LERK ity Attorney's Office pweng\floodrep.res 36) 7 Resolution No. 94-967• ' Page 2 It was moved by x„hh and seconded by Novick the Resolution be adopted, and upon roll. call there were: . AYES: NAYS: ABSENT: g Baker X Horowitz Kubby X Lehman • Novick _X— Pigott X Throgmorton 367 R<5 cL RESOLUTION NO. 94-368 RESOLUTION APPROVING THE EXTERIOR SIGNAGE AT 150 E. COURT STREET WHEREAS, the applicant, Nagle Signs, Inc. has filed a design review application for approval of the exterior signage at 150 E. Court Street; a copy of which is attached hereto as Exhibit A; and WHEREAS, the application has been examined by the Design Review Committee, and after due deliberation the Committee has recommended that it be approved; and WHEREAS, the application is found to conform with the requirements of Title 14, Chapter 4, Article E, Design Review, of the City Code; and WHEREAS, this approval only applies to the application's conformance with the Design Review Ordinance. Prior to construction of the improvements outlined in Exhibit A, the applicant must take the necessary steps to demonstrate that the application complies with all other applicable requirements of the City Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the design review application for exterior signage at 150 E. Court Street, attached hereto as Exhibit A, be and the same hereby is approved as to its compliance with Title 14, Chapter 4, Article E, Design Review, of the City Code. 2. The City Clerk is directed to file a copy of this resolution in the office of the City Clerk as public record. Passed and approved this 20th day of December , 1994. YORC A5� Approved by ATTEST: ; • "A(SW i°� VICE CIT LERK Ci y Attorney's Office /a///j5f ECODEV\nagle.res 367 Resolution No. 44-3U' Page 2 It was moved by K, hhv and seconded by Novick the Resolution be adopted, and upon roll- call there were: . AYES: NAYS: ABSENT: Baker X Horowitz X Kubby X Lehman • X • Novick Pigott Throgmorton • 367 EXHIBIT A . DESIGN REVIEW APPLICATION 1. )( Preliminary Review Final Review (Check one)j fitu.06I 2. Address of Project: ,4 1 / le-5-4)4) • eOu.Z7— P.P.U. ucrn•ttMc•.• 3. Name of Applicant: AG-tii C.1 Critt.5 Phone number: �G9- P-33—`C60q Address: {70 • S•OX oZ0^7 j' City: t) 664a1Z—Lo 0 State: 4-19 "164 Zip: c-5-0 7 O'f 4. Name of Property Owner: L40MC—(-f4 41) QAlltone number-3(S— al I— 5360 Address: /0 0 1=, PA1z-se A-VE . City: 1..) Arra . c-oo State: -7t+✓i4- Zip: 6707oS 5. Contact Person: GEE- G- in.E XL- Phone number:.3 lc— �y(— • 6. Project Description: C36 0 P GP c.-4-e-C- F•gac !ice (a) 31S.c 6` u.J 444. S a Gflg. 7. Project Time Schedule: CDfts1Ap la ti 1a--S(' 9 `f Ten copies of all drawings and written materials must be submitted along with this application. The following requirements must be submitted unless the Design Review Committee staff person has waived submission of any of the requirements (Check all that have been submitted with application): _ Site analysis & site plan _ Landscaping plan Building elevations X, Sectional drawings f( -o7—o 7- Drawings of proposed signs(i) _ Lighting plan Additional information (as provided by the applicant): Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal requirement. All submittal requirements should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. Please refer questions to Design Review Committee staff assistant, 356-5236. (1) If project includes signs,applicant must also submit a sign application. Signature of Applicant: rS4etADate: ,.lacca sc�OS <g'c—, 365' I ga-a- - � EXHIBIT A ( Continued ) ;MEIAND Savings Bank Iowa City B(Z&: ?`x « ` Ca SIs) :4': /4-t-u Met.n/I.1 iy f 1-CtZ S w irbf- Gtt.1S41( tax 16 e44.S L{-77'rf-t2 S. 5 A t7 cz �, 4-e-lc C-c 6# r . 1-.) 6E-1.T1i_. 6.4ekAi'Z-au-,vz e..crntz-es: eat-i3 NAGLE SIGNS QUALITY WORK FROM PROFESSIONAL PEOPLE DESCRIPTION; INC. ..ETC„.,,. P.O. BOX e09B 259B W. 240 BT NAME; MEIAND 1/2"=1'-0" 1 1-28-94C 1020 WILBUR AVE. HWY 30 WATERLOO, IOWAMARSHALLTOWN, IOWA Savings Bank F...O1 w.,w, =D-.=UTca.a, 3'X 16' 50704 60168 ,vnu.Crone. HBIC/52 i PHONE: 310-233-4604 PHONE: 515-752-61302 APPROVED BY. DATE, FAX: 319-1233-7514 FA X: 5157b2--6968 Y V woe 0 wows o.)Ln un 9 TOLL FREE: 1-B00-72B-4504 / n viz RESOLUTION NO. 94-369 RESOLUTION DECLARING THE CONDITION OF 1926 BROADWAY, A PUBLIC EMERGENCY. WHEREAS, on December 13, 1994, ten units of public housing located at 1926 Broadway suffered serious fire damage causing the building's evacuation and condemnation; and WHEREAS, the timely repair of 1926 Broadway will meet the immediate and serious need for housing the displaced families of 1926 Broadway and minimize further damage to the building. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The condition of 1926 Broadway constitutes a necessity to institute emergency proceedings under Section 384.103(2), Code of Iowa (1991), as certified by an engineer not employed by the City of Iowa City. 2. The ICHA will follow directions of AHRMA and cooperate with the claim department of the third party administrator, Management Services, Inc., in the handling of the fire loss occurring December 13, 1994, at 1926 Broadway. 3. The ICHA intends to procure immediately any contractual services to do work and any other necessary services to protect our property and restore the dwelling for our residents displaced by the fire. Passed and approved this 20th day of December , 1994. MAYOR Approved by ATTEST: Miuez+J k 7S�✓ _.. CITY CLERK ity Attorney's Office /az _20 y It was moved by Throgmorton and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker x Horowitz x Kubby x Lehman X Novick x Pigott Throgmorton hisadmin\1926brdw.res • 367