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HomeMy WebLinkAbout2006-11-28 Resolution IJ:: Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-356 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, lOW A, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Lusati, Inc., dha Quinton's Bar & Deli - 215 E. Washington Street Passed and approved this 28th day of ~ ~YOR ----rhi 20 Ofi U&lJ"'1 - ATTEST: \.-v~4.) II. ~) CIT CLERK Approved by ~~ \,S---O~ City Attorney's Offiqe It was moved by Bailev and seconded by Correia Resolution be adopted, and upon roll call there were: the AYES: --L X ----X- ---1L X --L ---1L.. NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn /IJO c:r Prepared by:Sarah Okerlund, Civil Engineer, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 06-357 RESOLUTION ACCEPTING THE WORK FOR THE 2006 ASPHALT OVERLAY PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 2005 Asphalt Resurfacing Project, as included in a contract between the City of Iowa City and L. L. Pelling Co., Inc. of North Liberty, Iowa, dated June 13, 2006, be accepted; and WHEREAS, the Engineer's Report and the perfomnance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $546,017.53. 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 28th ~cl~~ MAYOR Approved by ATTEST:2:f~LiRl? ok. ~ J4Ac7'>{ ~ ait'~tn:Koffice , r/~l&~ It was moved by Bailey and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: ABSENT: x x x X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng\res\06asphalt-overlay.doc 11f151Q6 ',11' I" 21 I][ Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 06-358 RESOLUTION ACCEPTING THE WORK FOR THE TRAIL AND CERTAIN SIDEWALK PUBLIC IMPROVEMENTS FOR RESUBDIVISION OF LOT 77, WALDEN WOOD PART 6, 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: Trail and certain sidewalk improvements for Resubdivision of Lot 77, Walden Wood Part 6, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. 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 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 ?RH, day of NnvpmhPT ,20 06 D. (~JJJ~ ~ _ ~ ATTEST: ~/'-~ I!. ~~ CITY LERK ~m . AQ:4 c/fy Attorney's ffice "/~(,,~ It was moved by Bailev and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: ABSENT: x X X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwenglresllol77WaldenWood6.doc I! ! -,...:. -~... ~~ai~'"t. ....~...."Sr_IIII.' .....~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240- 1826 (319) 356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT November 20, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: Resubdivision of Lot 77, Walden Wood Part 6 Dear Honorable Mayor and Council persons: I hereby certify that the construction of the trail and certain sidewalk improvements for Resubdivision of Lot 77, Walden Wood Part 6 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The trail is located in Outlot A of the Resubdivision of Lot 77, Walden Wood Part 6. Sidewalks are located adjacent to Jensen Street abutting Outlots A and E of the Resubdivision of Lot 77, Walden Wood Part 6. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, ~72~ Ronald R. Knoche, P.E. City Engineer pwenglengrpt-lot77 waldenwdpt6.doc r'( iJ I ~d(3) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06- 3')9 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND COUNTRYWIDE HOME LOANS, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1406 SPRUCE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of three Mortgages, executed by the owners of the property on October 19, 2000 and recorded on November 8, 2000, in Book 3017, Page 163 through Page 167 and amended on December 18, 2000, recorded on December 28,2000, in Book 3027, Page 261 through Page 265; and on September 28, 2004, recorded on October 4, 2004, in Book 3801, Page 553 through Page 557, and in Book 3801, Page 558 through Page 564, in the Johnson County Recorder's Office covering the following described real estate: Lot seventy-seven (77) in Block five (5), in the Third Highland Development Addition to Iowa City, according to the recorded plat thereof. WHEREAS, Countrywide Home Loans has refinanced a mortgage to the owners of the property located at 1406 Spruce Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Countrywide Home Loans, has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with Countrywide Home Loans; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second, third and fourth liens, which is the City's original position. 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 Countrywide Home Loans, Iowa City, Iowa. Passed and approved this 28th day of November ,20 06 . C4u~ MAYOR ATTEST: ~~.k'. "i:6AA.J CI LERK A~oved,.bY ~':S>~- 1 (- ~o -os., City Attorney's Office Resolution No. 06-359 Page 2 It was moved by Bailev and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X X x X X X Correia Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Countrywide Home Loans of Iowa City, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortllalles which at this time are in the amount of $17.608, and where executed by Lois M Britton and Michael L. Britton (herein the Owner), dated October 19. 2000, recorded November 8.2000, in Book 3017, Page 163 through Page 167, which was amended dated December 18. 2000, recorded December 28.2000, in Book 3027, Page 261 through Page 265; and dated September 28.2004, recorded October 4.2004, in Book 3801, Page 553 through Page 557, and dated September 28. 2004, recorded October 4. ~, in Book 3801, Page 558 through Page 564,Johnson County Recorder's Office, covering the following described real property: Lot seventy-seven (77) in Block five (5), in the Third Highland Development Addition to Iowa City, Iowa, according to the recorded plat thereof WHEREAS, the Financial Institution proposes to loan the sum of $ 111.tJt}(). ". 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 Mortllalles 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 Mortllalles held by the City are 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 Mortllalles of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. ."..., Dated this ~ day of J\\..,,~ ' 20..9JL. CITY OF IOWA CITY By cZLJ J:L Mayor FINANCIAL INSTITUTION /V~ .L By (/~.? ~~ _ ;Yo ~tIf,,~ ~! Attest: rn/Y1'~_) -f'. odu) tty'b;k~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this .J.tR day of AlOIlPn-.bo".. , 20 oJ:> , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared {{o,. lc)..lb........... 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. t>b- 351. passed (the ResolutiQn adopted) by the City Council, under Roll Call No. _ of the City Council on the ;!.1 ~ day of Nbv-e""'b~l'" , 20...!!k..-, and that !<:..an...v; 11........... 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.n""I'I' ~ Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) . Th;' ;",Irumool _ "knowIodgod !<fore ~ _'I\r PO,) /<: 2006 c,"'~\~~"'br ~e<W (name(s) of person(s)) as ~(..cf' authority, e.g, officer, trustee, etc.) of C"" "^ \..rT...J~" ~~ Lo~ S party of behalf of whom instruments was executed) . s: lAL"" ~ IOW~ 1lIlI'W"IfM...'" Mr~~:~ t~ .. 1\1 r:m Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. Ofi-1fiO RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 1908 F STREET, IOWA CITY, IOWA. WHEREAS, on May 27,1987, the owners executed a Statement of Life Lien with the City of 10wa.City to secure a loan; and WHEREAS, the lien has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1908 F Street, Iowa City, Iowa from a Statement of Life Lien, recorded June 8, 1987, Book 947, Page 149 of the Johnson County Recorder's Office. Passed and approved this 28th day of November ,20 06. C2-tLJ~ MAYOR ATTEST: /7~..-.A~ ~ ~A~ CI LERK Approved by ~~ ((-do-oe; City Attorney's Office It was moved by Bailev and seconded by Resolution be adopted, and upon roll call there were: C:orrpi;=l the AYES: NAYS: ABSENT: x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y x x X X Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see beiow Mortgago~s): Orville L. & Woodrow W. Kessler Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1980 F Street, Iowa City, Iowa, and legally described as follows: Lot Eight (8) of the Plat of Survey of Lots Two (2) to Six (6), Block Thirty-Four (34), in East Iowa City, Iowa, according to the Plat thereof recorded in Plat Box 3, Page 227, of the Plat Records of Johnson County, Iowa. from an obligation of the owners, Orville L. and Woodrow W. Kessler, to the City of Iowa City represented by a Statement of Life Lien, recorded June 8, 1987, Book 947, Page 149 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. cZ(J~ MAYOR ATTEST:)~~~ ~. ~ CI CLERK Approved by ~~ \ r, clo-C)(, City Attorney's Office STATEOFIOWA ) ) SS: JOHNSON COUNTY ) On this .;:lx '\ day of Nnve", I-.P (' , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing mstrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.o~, adopted by the City Council on the ~ day AI........""h...;'" , 20~ and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ;I'f- SONDRAE FORT ~ Commission Number 159791 . . My Commission I;xplres w ' ~o-o Sowl.,,/U ~rw-& Notary Public in and for Johnson County. Iowa i'vU1 '11-~-06 I Prepared by: Steven J. Rackis, ICHA Administrator, 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 06-361 RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S AMENDED HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN 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 (HUD) requires adoption of the Housing Choice Voucher (HCV) Administrative Plan for the administration of the HCV programs; and WHEREAS, the HCV program will benefit from the adoption of an amended HCV Administrative Plan that updates the admission preferences, rules regarding the eligibility of students, and the assignment of bedroom sizes (subsidy standards). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The updates and amendments of the HCV Administrative Plan be adopted as the policy of the Iowa City Housing Authority; and, 2. 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 28th day of November , 20~. CZLJ~ - MAYOR ATTEST:~~'''''...J ~ ~A.A.J CITY LERK Approved by ~~ H-JC)-c)~ City Attorney's Office It was moved by Vanderhoef and seconded by O'Donnell adopted, and I,Jpon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x X x y Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn hisasstlresfHCVadminpln.doc 10 5 ff!;. 7 11 &, ..f it 7 Phone: (319) 356-5400 FAX: (319) 356.5459 TDD: (319) 356,5404 Washington Stn:et . Iowa City . Iowa. 52240.1826 DATE: Monday, November 27, 2006 TO: City Council FROM: Steven J. Rackis, Housing Administrator SUBJECT: AMENDED MEMO - Updates and amendments to the Iowa City Housing Authority's Housing Choice Voucher (HCV) Administrative Plan and Admissions and Continued Occupancy (ACOP) Plan }o> HCV Plan Section 5.2 PREFERENCES 24 CFR 982.207: Due to low lease-up rates (less than 95% in the HCV program for FY06), increased staff time for processing applicants, and the rising costs ofHCV participants exercising their portability rights, the Iowa City Housing Authority ICHA proposes the following changes to our admission preferences for the HCV Program (Changes are in Bold and Underlined): The Iowa City Housing Authority will select families based on the following preference **: A. Displaced: Individuals or families displaced by government action or whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal disaster relief laws. B. Families with children under the age of 18 or elderly or disabled families who are residents (have a lel!al domicile) in the Iowa City Housinl! Authority iurisdiction 24 CFR 982.207(b )(1); C. Families with children under the age of 18 or elderly or disabled families who are not residents (do not have a lel!al domicile) in the Iowa City Housinl! Authoritv iurisdiction 24 CFR 982.207(b)(1); D. Families with no children under 18 years of age who are residents (have a lel!al domicile) in the Iowa City Housinl! Authoritv iurisdiction 24 CFR 982.207(b)(1); E. Families with no children under 18 years of age who are not residents (have a lel!al domicile) in the Iowa City Housinl! Authority iurisdiction 24 CFR 982.207(b)(1); ** Exception may be given to the following: 1. Families referred by the Department of Human Services (DHS) for the Family Unification Program. 2. Families referred by the Mid Eastern Council on Chemical Abuse (MECCA). SRackis Page I 1l/27/2006 3. Public housing tenants who have resided in their Public Housing unit longer than I year and whose total tenant payment is higher than $499 (See Section 19 Homeownership ). NOTE: The use of a residency preference will not have the purpose or effect of delayinl! or otherwise denvine admission to the HCV proeram based on the race, color, ethnic oril!in. eender, relil!ion, disability. or al!e of any member of an applicant family. > ACOP Section 10.1 PREFERNCES 24 CFR 960.206: To maintain consistent admission preferences between the HCV and Public Housing Programs, the Iowa City Housing Authority proposes the following changes to the Admissions and Continued Occupancy Plan (ACOP) (Changes are in Bold and Underlined): The ICHA will select families based on the following preferences within each bedroom size category ** 24 CFR 960.206 (a) (I): A. Displaced: Individuals or families displaced by government action or whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal disaster relieflaws. B. Families with children under the age of 18 or elderly or disabled families who are residents (have a leeal domicile) in the Iowa City Honsine Authority jurisdiction 24 CFR 982.207(b)(1 ); C. Families with children under the age of 18 or elderly or disabled families who are not residents (do not have a lel!al domicile) in the Iowa City Housine Authority iurisdiction 24 CFR 982.207(b)(1 ); D. Families with no children under 18 years of age who are residents (haye a leeal domicile) in the Iowa City Housinl! Authority iurisdiction 24 CFR 982.207(b)(1); E. Families with no children under 18 years of age who are not residents (have a leeal domicile) in the Iowa City Housine Authority iurisdiction 24 CFR 982.207(b)(1); ** Those referred by the Department of Human Services for the Family Unification Program will be given special exception. NOTE: The use of a residency preference will not have the purpose or effect of delayinl! or otherwise denyine admission to the HCV proeram based on the race. color, ethnic oriein, l!ender. relieion, disability. or aee of any member of an applicant family. > HCV Plan Section 6.0 ASSIGNMENT OF BEDROOM SIZES (SUBSIDY STANDARDS) 24 CFR 982.402: Another measure the Iowa City Housing Authority proposes to increase lease-up rates for the HCV program is making changes to Section 6.0 SRackis Page 2 11/27/2006 Assignment of Bedroom Sizes (Subsidy Standards). In the Johnson County market, there is a greater supply of suitable 2 bedroom units v. I bedroom units. These changes will increase eligible families' ability to more quickly find and lease-up suitable units. (Changes are in Bold and Underlined): D. One-bedroom will be assigned to a single adult with a child under the ae:e of four (4). NOTE: Modification. Prior age was seven (7). F. One-bedroom will be assigned for children of the opposite sex who are both under the al!:e oCoine (9). NOTE: Modification. Prior age was eleven (I I). > HeV Plan: The Department of Housing and Urban Development issued Snpplementary Guidance in the Federal RegisterNol. 71, No. 68 regarding the Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937. This notice requires that we update our Administrative Plan to reflect these income eligibility restrictions for students. We are adding a new section to address this requirement: Section 20: Eligibility of Students for Assisted Housing under Section 8 of the U.S. Housing Act of 1937: ELIGIBILITY FACTORS 24 CFR 5.612: A. The following families are subject to Student Eligibility and Income Rules: 1. Persons under the age of24; 2. Persons age 24 and older without dependent children. Definition of Countable Income: Any financial assistance, in excess of amounts received for tuition that an individual receives (see below) shall be considered income to that individual. Loan proceeds are not considered "financial assistance" under this section: B. The following families are Excluded from Student Eligibility and Income Rules: 1. Persons age 24 and older with dependent children; 2. Students currently living with their parents participating in the Section 8 program. Definition of Excluded Income: The full amount of student financial assistance paid directly to the student or to the educational institution is excluded from annual income. SRackis Page 3 11/27/2006 INCOME FACTORS 24 CFR 5.609 (b) (9): A. Count as income: Any financial assistance, in excess of amounts received for tuition received from the following sources: . Higher Education Act of 1965 (i.e., Pell Grant, FSEOG, Federal Work-Study programs); . Private sources; . Institute of Higher Education; . May include Federal, State and local grants & scholarships (athletic & academic) and student educational financial assistance from parents, guardians or other persons residing outside of student family household. B. Do not count as income: Although considered financial assistance under the Higher Education Act of 1965, the following sources are not considered income for purposes of determining student eligibility for Section 8 housing assistance: . Perkins loans; . Stafford loans; and. . Plus loans. SRackis Page 4 1l/27/2006 {\J\~d ~ Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 06-362 RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). 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 adoption of the Admissions and Continued Occupancy Policy (ACOP); and WHEREAS, the Public Housing program will benefit from the adoption of an amended ACOP that updates the Housing Authority's tenant selection and assignment preferences. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The updates and amendments of the Iowa City Housing Authority's Admissions and Continued Occupancy policy (ACOP) be adopted as the policy of the Iowa City Housing Authority; and 2. 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 ?Rth day of N'nvpmhpr , 20--'lfL-. ( ;{ALl 5.~~~ MAYOR - - ATTEST: 7?tc~ -J!. ~M.J CIT . LERK APprov~~ City Attorney's Office '(-dO - q:;;, It was moved by Bailey and seconded by Correia adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn hisasstlresJACOP.doc If.ll U ~ Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 06-363 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF CONSTRUCTION OF TWO DUPLEX HOMES UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM LOCATED ON LONGFELLOW PLACE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing 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 of 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 the bid payable to the Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice of 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 City Hall, until 10:00 a.m. on the 2nd day of January, 2007, or at a later date as determined by the Director of Housing and Inspection Services or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the Director of Housing and Inspection Services or designee and thereupon referred to the City Council of the City of Iowa City, Iowa for action upon said bids at its meeting of January 9, 2007, to be held in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa at 7:00 p.m., or if said meeting is cancelled, at the next meeting of the City Council thereafter posted by the City Clerk. Passed and approved this 28th doym c;: l [:it- MAYOR ATTEST: 711~ oJ(. *~ CITYnERK Appro~by ~I>... ~~ I(-Jc-~'- City Attorney's Office hisadmlreslADHOP11.16-06.doc Resolution No. Page ? 06-%1 It was moved by ~n"mp; on and seconded by adopted, and upon roll call there were: AYES: x y 1( x 1( x x NAYS: Correi::!. ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn \ yhJ--- C1rJ Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRANSFER OF PUBLIC ROAD JURISDICTION, T J-1-5(84)--2M-52 WHEREAS, the City of Iowa City, Iowa has negotiated an agreement for transfer of public road jurisdiction with the Iowa Department of Transportation; and WHEREAS, this agreement is in compliance with the provisions of Iowa Codes Sections 306.8 and 306.42; and WHEREAS, the City Council deems it in the public interest to transfer jurisdiction of Burlington Street from Dodge Street to Governor Street and Governor Street from Burlington Street to Dodge Street, also known as Iowa Highway 1 North; and WHEREAS, the City Council deems it in the public interest to enter into the agreement with the Iowa Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. It is in the public interest to enter into the above mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the attached agreement between the City of Iowa City and the Department of Transportation in duplicate. 3. The City Clerk shall furnish copies said agreement to any citizen requesting same. Passed and approved this day of ,20 . - MAYOR ATTEST: CITY CLERK Approved by ~; "/~hr- Pweng/reslroad transfer.doc IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRANSFER OF PUBLIC ROAD JURISDICTION City: Iowa City, Iowa Agreement No.: 2006- T J-013 Project No.: TJ-1-5(84)-2M-52 This AGREEMENT entered into by and between the Iowa Department of Transportation, hereinafter referred to as STATE and the City ofIowa City, Iowa, hereinafter referred to as CITY; and in consideration of these premises and the mutual covenants hereinafter set forth, it is hereby agreed that the public road segment described below be transferred: I. In compliance with the provisions ofIowa Code Sections 306.8 and 306.42, the CITY agrees to transfer to the STATE the public road segment, including right-of-way, as follows: That portion of Iowa 1 within the CITY beginning at the intersection of Dodge and Burlington streets and proceeding east and north on Burlington and Governor streets to the intersection of Dodge and Governor streets, a length of approximately 1.30 miles, as shown on Exhibit A attached. A. The STATE agrees to accept concurrent jurisdiction of said public road segment described in Section I of this Agreement as part of its primary road system in accordance with the provisions ofIowa Code Section 306.4(4) and 306.42 and this Agreement. B. The CITY and ST ATE do hereby jointly agree to the jurisdictional change stated above in the manner provided in this Agreement and pursuant to Iowa Code Section 306.42 which authorizes such agreements respecting highways. C. The CITY and the STATE have examined the physical condition of the public road segment described in Section I of this Agreement and have agreed that the CITY at its cost shall repair said road segment as described in Exhibit' B' attached hereto and by this reference made a part hereof. D. Currently, Brown Street has a brick surface on both sides of and through its intersection with the public road segment described in Section I of this Agreement. Neither the CITY nor the STATE is interested in replacing or resurfacing this intersection at this time. Therefore the CITY shall be responsible for any work necessary to maintain the serviceability of said brick surface until such time as the STATE, in consultation with I the CITY, determines that it is necessary to reconstruct or resurface said intersection. Cost sharing for any future project to reconstruct or resurface said intersection shall be the subject of a subsequent agreement but in no event shall the CITY be responsible for less than the then-current estimated cost of resurfacing the intersection unless said project shall be constructed more than twenty years from the date of the transfer of jurisdiction authorized by this Agreement. E. The STATE shall assume concurrent jurisdiction as described in 761 Iowa Administrative Code Chapter 150 for said public road segment at a time and date specified by the CITY and acceptable to the ST ATE. The work necessary to place said road segment in a good state of repair as provided in Section I.C. shall be completed by the CITY within two years of the effective date of the transfer of jurisdiction authorized by this Agreement. F. The STATE and CITY acknowledge the encroachment of a residential structure into the public right of way of the road segment described in Section 1 just south of the intersection ofGovemor and Dodge streets. The CITY and the owner of the encroaching residential property have previously agreed to the terms under which the encroachment will continue and said terms are included in a binding agreement that is a covenant running with the land. A copy of said agreement is attached as Exhibit C. The CITY shall indemnify, defend and hold the ST ATE hannless against any and all claims of any nature whatsoever arising from the continued existence of the encroachment. G. The CITY shall provide to the STATE copies of construction or as-built plans, right-of- way information, local traffic operations ordinances such as speed limits and parking restrictions, etc., and public or private utility plans and agreements or permits for the portions of said public road segments. H. All future improvement, maintenance, extension or expansion of the transferred road segment shall be in accordance with 761 Iowa Administrative Code Chapter 150 (including any future revisions or amendments) regarding primary road extensions. 2. The STATE has inspected said public road segment and agrees to accept said road subject to the conditions set forth herein. In accordance with Iowa Code Section 306.42(6), neither the CITY nor the STATE shall be held liable for any claim for damage for any act or omission relating to the design, construction, or maintenance of said public road segment that occurred prior to the effective date of the transfer. 3. If any section, provision, or part of this Agreement is found to be invalid or unconstitutional, such fmding 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. 4. This Agreement shall be executed in two counterparts, each of which shall constitute but one and the same instrument. 2 5. This Agreement as set forth in Sections 1 through 5 herein, including referenced exhibits, constitutes the entire Agreement between the CITY and the ST ATE concerning this transfer of jurisdiction. 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 in the form of an addendum to this Agreement. Said addendum shall become effective only upon written approval of the STATE and the CITY. 3 IN WITNESS THEREOF, each of the parties hereto has executed Agreement No. 2006- TJ-013 as of the date shown opposite its signature hereafter. CITY OF IOWA CITY, IOWA: BY: Date ,20_. Title: Mayor I, , certify that I am the Clerk of the CITY, and that , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal motion passed and adopted by the CITY on the _ day of ,20_. App~~ ~~, ,,/~~(, City Attorney's Office Signed City Clerk ofIowa City, Iowa Date ,20_. IOWA DEPARTMENT OF TRANSPORTATION: BY: Richard E. Kautz, P .E., District Engineer District 6 Date ,20_. Comm. Order No. 4 Exhibit 'A' Agreement 2006- TJ-O 13 / ,~~- ___-- I I ___H_r .-~_..-.- ~ -- - - - - - ..- -"- - - - - - - I \ I ~' ~" \IN<HooI!A.~1i. ~ '"~t li 2 [jfl;~ i ts $if.... ~ il--4 --- "~fWi 2 5 Exhibit 'B' Agreement 2006-TJ-013 Work Description: LOCATION WORK OUANTlTY M.P. 87.10 bin Jefferson Full Depth PCC Patch 40' x 8'= 36 SY and Market, R. Lane M.P. 87.10 bin Jefferson Full Depth PCC Patch 10' x 16'= 18 SY and Market, R. Lane M,P. 87.70 In front ofDHS Full Depth PCC Patch wi 85' x 12.6' = 119 SY Bldg, R. Lane Curb Intake M.P. 87.70 In front ofDHS Full Depth PCC Patch wi Bldg, R. Lane (50' north of 85' x 12.6' = 119 SY last patches) Curb Intake Bridge No. 87.2ROOI Repair Bridge Expansion Lump Sum Joints, Spot Paint Estimated Cost Summary (2006 Dollars): TOTAL $ 28,000 $ 5,000 $ 32,000 Full-Depth PCC Patching Cost Bridge Expansion Joint repair and spot painting 6 Exhibit 'c' TRANSMIIT AL FORM Date: August 23, 2006 Prepared by/. Relurn 10: ClIY lIE1URII... . .. .f.==t& _cmlA52241 DOCUMENT: Agreement for Temporary Use of Public Righl-of-Way Legal Description: Loll, Block I, D.R. Dewey's Addition, Iowa City, Iowa 7 IIIIIIIIIUIIIIIIIU 000 10: 020644980008 TvoI: GEN Recorded: 08/24/2006 et 01:37'49 PM Fee Amt, $32.00 PaOI 1 of 8 Johnson County Iowa K1m Painter County Recorder 81<4074 po105.110 Fet: AGREEMENT FOR TEMPORARY USE OF PUBUC RIGHT-OF- WAY BETWEEN THE CITY OF IOWA CITY AND JAFAR S. MOGADAM AND 'LYll!.'E. .HOGADAM This agreement is made by and between Jafar S. Mogadam and Lynne Mogadam (hereinafter Owner) and the City of Iowa City, Iowa, an Iowa municipal corporation (hereinafter City). WHEREAS, Owner is the owner of certain real estate located at Lot 1, Block 1, D.R. Dewey's Addition to the City of Iowa City, containing a house, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the house located on Owner's property encroaches into the City's N. Govemor Street right-of-way, also as depicted on Exhibit A at!achedherelo; and WHEREAS, Owner has requested City permit the house remain in its current location; and WHEREAS, City is responsible for the care, supervision, and control of ali public right-of-way; and WHEREAS, the City's Department of Public Works finds the present location of a portion of the house to be an Intrusion into the public right-of-way. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: 1. Owner is the fee owner of the real estate located at Lot 1, Block 1, DR Dewey's Addition to the City of Iowa City, containing a house, as generally depicted on Exhibit A attached hereto, and property encroaches into the City's N. Governor Street right-of-way, also as depicted on Exhibit A attached hereto. 2. In consideration of Owner's promises herein, and upon the terms and conditions contained herein, City agrees to allow the house to remain in its present location, and Owner agrees to keep and maintain the encroachment on the public right-of-way in good condition. Owner further agrees that if the portion of the house encroaching into the right of way is destroyed, or if the entire house is damaged or destroyed to the extent of more than 75 percent of the replacement value of the structure at the time of damage or destruction, the house cannot be rebuilt within the right of way. 3. Owner agrees to indemnify, defend, and hold City harmless against any and all claims of any nature whatsoever. including but not limited to claims for bodily injury, death, or property damage, arising out of Owner's use of the public right-of-way under this easement agreement, specifically Including any and all claims and/or liabilities which may be alleged against City as a result of its decision to allow Owner to maintain the house at its current location as described herein. 4. Owner further agrees to furnish a certificate of insurance of valid insurance coverage for the house, which certificate must be satisfactory to City. 5. Notwithstanding the above, Owner agrees to cease and desist their temporary use of the public right-of-way and to remove any part of the house from said right-of-way upon breach of this agreement, or upon the City's determination that the property is needed for a public use and should be cleared of the part of the house that encroaches into the right-of-way. Ml~Qrk$I6rewed&gf_nt1,19.OG 1 8 If owner fails to remove the part of the house that encroaches into the right-of-way as required in this paragraph, City may remove that portion of the house and the cost thereol shall be billed to Owner for payment to City. Upon Owner's failure to pay said billing, the removal cost shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax. 6. Owner acknowledges and agrees that no property right is conferred by this grant 01 permission to use the public right-ol-way; the City is not empowered to grant a permanent use of Its right-ol-way for private purposes; and, notwithstanding Paragraph 5, that City may order said temporary use terminated at any time, ii, for any reason, the City determines that part 01 the right-ol-way encroached upon by the house is needed lor a public use and should be cleared oflhe portion of the house encroaching thereupon, as provided by state law. 7. This agreement shall constitute a covenant running with land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors, and interests, and assigns 01 both parties, and shall be recorded in the Johnson County Recorder's Office at City expense. ITV OF IOWA CITY a Iowa municipal corporation ~~1.f9.c)G OWNER ~Q,..~~n. fa . Mogadam , ~da!V\~ 2 9 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) . On this day of undersigned. a nota ic in and for the State of Iowa, personally appeared Ross Marian K. Karr, to me perso known, who being by me duly sworn, did say th Mayor and City Clerk, respectiv f said municipal corporation executi foregoing instrumen~ that the seal affIX reto Is the seal of said mun' . al corporation; that said instrument was signed and sealed on ben f said municipal co City Council; and that the said Mayor and City C as such 0 execution of said instrument to be the voluntary act an them voluntarily executed. commission expires: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ( day of 6<(t....t . 2011k.., before me, the undersigned, a Notary Public in and for said unIY, in said State, 'personally appeared Jatar S. Mogadam, 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. g Not blic in a for the State of Iowa NOTARIAL SEALMy~~mfssl~~~i:;'" IIAf-01 4""'r STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 1_ day of ~ . 20Pf.-, before me, the undersigned, a Notary Public in and for said Coun ,in said State, personally appeared Lynne Mogadam, to me known to be the identical personOO named in and who executed the within and foregoing Instrument, and acknowledged that she executed the ame as her voluntary ael and deed. otary Public in an for ~Iowa My co{lm~orfexp;fs~ I/~' -OJ 1l:>,y Mltd1IPuOIid/VotUlar-lIlQtH11le1ll1.1&.0$ 3 10 Approved by: . cK~~ g{,c,/~v STATE OF IOWA ) . ) 55: JOHNSON COUNTY ) On this ~ day of I\t~ ~:;>-'r ' 200L before me the undersigned, a Notary Public in and for the Stat f Iowa, personally appeared Richard A. Fosse, to me personally known and who, being by me duly sworn, did say that he is the Public Works Director of the City of Iowa City, Iowa; that the foregoing instrument was signed on behalf of the City of Iowa City, by authority of its City Council, as contained in Resolution No. 00-255 passed by the City Council, on the 18th day of July, 2000, and that Richard A. Fosse acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 1~', ~~ T\" _ Notary Publi' d for the Sta~wa ~ 1.\-\1...., NOTARIAL SEAL 11 gg ~ I ~ ~K ~ .. " !? ~ ~o :g O. ~3 ~lf ~ ' o~ . " N ,,8 lh'" I - " ~"'5 ili "'~ "'.. "-~~ ~ ~ 0 i '" ~ ~ ?! ~ !E ~ " z I ~ ~ ~ i ~ / / / / , / I I ~/ II I / I 1/1 1/1 (~/ /;"', ,/'- //, ,~ ~ A ' ~ If " , I " 'x, ~ / / .,.., . / \ / \ / , " \ ' \ \ '\ I \.1 , I I iU ~\ ~\W' " \ \~ \ \( , \ '~ -*? / / (9 @ e 6~>~n 5~:Z ;UITlUJ~ :I:(j)" C ~::;:O OZ(...I ZI'T1~~~ . nO-t Vl >,.., O~O ~21Z"" OoNAJZ ~vi~ )>' AI Z......rv~~ i'i;O r:( ~~~C~ 00> AI )>,.., IO 0'" (J)MOC) 0-\:5:<0 or ::cVlgO CZo ::;: =<0 0-1"'1;:0 ~.....",~C 0..... ::;:z z ....."',.., I-fTlZ z~ zO;-i::O ;::orrlZOI'T1 ..... f' . 0 tJ~8~i'i; om r 0" 0 0"00 .....0 G'l::;: ~O^Orrl IO 0> ,..,"" "'~ ,..,,, < ::oo~~)> o~ ""0 "'- "TlNaCD ~. z:< :t.... c o. . 0'" 0 "'- fT1 Zffl 0;" )> ". "" 0 '.:-i 12 IIA" H// City of Iowa City MEMORANDUM TO: FROM: DATE: RE: Steve Atkins, City Manager Ron Knoche, City Engineer ~ November 28, 2006 Transfer of Jurisdiction of Governor Street The transfer of jurisdiction of northbound Highway 1 consists of Burlington Street from Dodge Street to Governor Street and Governor Street from Burlington Street to Dodge Street. This is approximately 1.3 miles of roadway. The transfer of jurisdiction is from the City of Iowa City to the Iowa Department of Transportation. When the one way couplet was established for Highway 1, the jurisdiction of the roadway was not transferred to the Iowa Department of Transportation. It is not known why the transfer did not occur. This transfer is a positive move for the City and the Iowa Department of Transportation. It will result in a cost saving to the City, because the Iowa DOT will pay the City to plow snow. They will be responsible for the pavement maintenance, including the pavement markings and signage. In addition with the transfer, the Iowa DOT will be responsible for any future reconstruction of the roadway. The reconstruction of the roadway would be approximately $5 million. The biggest value to the Iowa DOT is they will be able to manage the roadway, which is identified as a state highway. This includes reviewing utility permits and access permits. Iv\ ~ ~ L..1LJ Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 06-364 RESOLUTION RESCINDING RESOLUTION NO. 05-67, DELEGATING RESPONSIBILITY TO PARTICULAR PERSONS HOLDING SPECIFIED POSITIONS TO IMPLEMENT THE REQUIREMENTS OF CHAPTER 22, IOWA'S PUBLIC RECORDS STATUTE, AND ADOPTING A PUBLIC RECORDS POLICY. WHEREAS, Iowa Code !'i 22.1 (2) provides that each governmental body shall delegate to particular officials and employees the responsibility for implementing the requirements of Chapter 22 and that the governmental body shall publicly announce the particular officials or employees to whom responsibility to implement the requirements of Chapter 22 has been delegated; WHEREAS, Iowa Code !'i 22.1(2) defines public records" as "all records, documents, tape, or other information stored or preserved in any medium, or belonging" to the City of Iowa City; WHEREAS, Iowa Code !'i 22.3 allows the lawful custodian of the records to adopt and enforce reasonable rules regarding the work and the protections of the records against damage or disorganization; WHEREAS, Iowa Code !'i 22.3 provides that all expenses shall be paid by the person desiring to copy or examine the records, that the City may charge a reasonable fee for supervising the examination of the records and the cost of the photocopying; WHEREAS, Iowa Code !'i 22.3A allows the public certain access to data stored electronically; WHEREAS, it is in the best interest of the public and City staff to have a single, uniform policy applicable to all City offices and departments; WHEREAS, Resolution No. 05-67 adopted the Public Records Policy of the City of Iowa City and designated certain City staff to implement said policy; WHEREAS, said policy needs to be amended to provide for an additional type of public record, a video burned onto media (DVD-R); and WHEREAS, the City Council finds that the Public Records Policy of the City of Iowa City, which is attached and incorporated herein, is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The attached Public Records Policy of the City of Iowa City is adopted as the policy of the City of Iowa City for the examination and copying of public records. The persons holding the following positions are hereby delegated with the responsibility for implementing the requirements of Chapter 22 with respect to records maintained in their respective departments and divisions: - - --- --~~._---~------,,-----'--'------_._--""-""-'---'-_.~-_._-,_.- -_.._...._.._.,~-_....__.- -.- _._._._....._~-,._.,- - --- -.-....-......-..---...-.--- -- -~---_._._-------_._.- Resolution No. 06-364 Page 2 City Manager-City Manager's Office City Clerk-City Clerk's Office City Attorney-City Attorney's Office Personnel Administrator-Human Resource Division Cable TV Administrator-Cable TV Division Human Rights Coordinator-Human Rights Division Finance Director-Finance Department Fire Chief-Fire Department Public Information Officer-Police Department Housing and Inspection Services Director-Dept. of Housing & Inspection Services Library Director-Public Library Parking and Transit Director-Parking and Transit Department Parks and Recreation Director-Parks and Recreation Department Planning and Community Dev. Director-Planning and Community Development Dept. Public Works Director-Public Works Department Senior Center Coordinator-Senior Center Resolution No. 05-67 is rescinded. Passed and approved this 28th day of November ,2006. l)~ --~ MAYOR ATTEST: ~~ k. %...MJ CI LERK Approved by ~ \(-f)o-D!O City Attorney's Office sueIOrd&Res\OpenRecPolicyRes ------,-~._..,-,.._._._-----_.~-_._-"'._-'---'-----,._.-~--_._-,,-----~-,-_.._-----,---_._- Resolution No. Page ., 06-364 It was moved by Cha1l\Pi on and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn PUBLIC RECORDS POLICY OF THE CITY OF IOWA CITY 1. Statement of Policv. The purpose of this policy is to facilitate broad access to public records. The City is committed to the policies set forth in Iowa Code Chapter 22 (2005), as amended. City staff shall cooperate with members of the public in implementing the provisions of that chapter. 2. Custodian. For purposes of this policy, "Custodian" means the person lawfully delegated by the City to act for the City in implementing Iowa Code Chapter 22. As designated in Resolution No. nh-1hif the Custodians are: City Manager-City Manager's Office City Clerk-City Clerk's Office City Attorney-City Attorney's Office Personnel Administrator-Human Resource Division Cable TV Administrator-Cable TV Division Human Rights Coordinator-Human Rights Division Finance Director-Finance Department Fire Chief-Fire Department Public Information Officer-Police Department Housing and Inspection Services Director-Dept. of Housing & Inspection Services Library Director-Public Library Parking and Transit Director-Parking and Transit Department Parks and Recreation Director- Parks and Recreation Department Planning and Community Dev. Director-Planning and Community Development Dept. Public Works Director-Public Works Department Senior Center Coordinator-Senior Center 3. Location of Record. A request for access to a record should be directed to the Department Head, Director, or Coordinator of the particular City office where the record is kept. Records of a City board or commission are maintained in the office of the Department that staffs the board or commission and the person designated.in paragraph 2 as the Custodian of the Records of that Department shall be the Custodian of the board or commission's records. If the location of the record is not known by the requestor, the request shall be directed to the City Clerk. 4. Office Hours. Requests for access to public records may be made in writing, in person, bye-mail, by fax, or by telephone. The request should identify the particular records by name or description to facilitate the location of the record. To facilitate a reply, mail or telephone requests should include the name, address, and telephone number of the person requesting the information. A person shall not be required to explain why the record is being requested. 5. Response. Access to a public record shall be provided promptly upon request unless the size or nature of the request makes prompt access infeasible. Absent unusual circumstances, access shall be provided within five (5) working days from the date the request is received by the Custodian. If the size or nature of the request for access to a record requires time for compliance, the Custodian shall comply with the request as soon as feasible. Access to a record may be delayed for one of the purposes authorized by Iowa Code section 22.8(4) or 22.10(4) (2005), as amended. The Custodian shall promptly give notice to the requestor of the reason for any delay in access to a public record and an estimate of the length of that delay and, upon request, shall promptly provide that notice to the requestor in writing. 6. Denial. The Custodian may deny access to the record only on the grounds that such a denial is warranted under by Iowa Code section 22.8(4) or 22.10(4) (2005), as amended, or that it is a confidential record, or that its disclosure is prohibited by a court order, or other applicable law. 7. Securitv of record. No person may, without permission from the Custodian, search or remove any record from the City's files. Examination of City records shall be supervised by the Custodian or a designee of the Custodian. Copying of City records shall be done by the Custodian or designee. Records shall be protected from damage and disorganization. 8. Fees. Reproduction The charge for copies of records and documents shall be as follows: a. b. c. d. e. Photocopy Microfilm copy Large Document copy (e.g. plat) Audio tape/diskette/CD of meeting DVD-R (video burned onto media) $ .15 per page $ .50 per page $1.50 per page $3.50 each $15.00 each Postaae When the mailing of copies is requested, the actual cost of such mailing may be charged to the requestor. Fax When facsimile transmission is requested, the charge shall be $2.50 per page. Search and Retrieval. No charge will be made for the first fifteen (15) minutes for the services of staff in research and retrieval of records. Retrievals of more than fifteen (15) minutes will be assessed in quarter-hour intervals at the rate of $5.00 per quarter hour. Supervisorv Fee. An hourly fee will be charged for actual City expenses in supervising the examination and copying of requested records when the supervision time required is in excess of fifteen (15) minutes. Supervision of more than fifteen (15) minutes will be assessed in quarter-hour intervals at the rate of $5.00 per quarter-hour. Advance Deposits. When the estimated total fee chargeable under this policy exceeds $25, the Custodian may require the requestor to make an advance payment to cover all or a part of the estimated fee. When a requestor has previously failed to pay a fee chargeable under this policy, the Custodian may require advance payment of the full amount of any estimated fee before the Custodian processes a new request from that 2 requestor. Each department is responsible for collecting any applicable fee and providing an appropriate receipt. Overtime. If the services requested cannot be completed during regular office hours, a person may request that work be completed after hours. The charge will be the actual overtime paid to the person providing the assistance. The decision to authorize overtime shall be made by the Department Director or Supervisor, and there is no guarantee that the records will be provided in the time requested. Certified CODies. Certified copies of public documents in the City Clerk's office may be made only at the time the photocopy is made by the City Clerk. Electronic Data. The City is not required under Chapter 22 to provide the public with access to City software, but must allow access to records that are combined with its data processing software. If it is necessary to separate the record from the software to provide access, the City shall bear the cost of the separation. After the record has been separated, any additional fees (e.g., photocopying) shall be as provided in Paragraph 7 below. If the person requests that the record be specially processed, the fee for doing so shall be assessed in quarter-hour intervals at the rate of $11.00 per quarter-hour. 9. Confidential Records. a. Basis. The Custodian may treat a record as a confidential record and withhold it from examination only to the extent that the Custodian is authorized by Iowa Code section 22.7 (2005), as amended, another applicable provision of law, or court order to refuse to disclose that record to members of the public. b. Access to Confidential Records. Under Iowa Code section 22.7 (2005), as amended, or other applicable provision of law, the Custodian may disclose certain confidential records to one or more members of the public. In requesting the Custodian to permit the examination" and copying of such a confidential record, the following procedures apply and are in addition to those specified for request for access to records provided above. (1) Proof of identity. The Custodian may require the person requesting the confidential record to provide proof of identity or authority to secure access to the record. (2) Requests. The Custodian may require a request to examine and copy a confidential record to be in writing. A person requesting access to such a record may be required to sign a certified statement or affidavit enumerating the specific reasons justifying access to the confidential record and to provide any proof deemed necessary by the Custodian to establish relevant facts. c. Request denied. When the Custodian denies a request for access to a confidential record, the Custodian shall promptly notify the requestor. If the requestor indicates to the Custodian that a written notification of the denial is desired, the Custodian shall promptly provide such a notification that is signed by the Custodian and that includes: 3 (1) The name and title or position of the Custodian responsible for the denial; and (2) A citation to the provision of the law vesting authority in the Custodian to deny disclosure of the record and a brief statement of the reason for the denial to the requestor. d. Reauest aranted. When the Custodian grants a request for access to a confidential record to a particular person, the Custodian shall state any lawful restrictions imposed by the Custodian on that person's examination and copying of the record. e. Reauest that record be treated as confidential record. A request that a record be treated as a confidential record and withheld from public inspection shall be in writing if the Custodian so requests. The request shall set forth the legal and factual basis justifying the request and the name, address, and telephone number of a person authorized to respond to any inquiry or action of the Custodian concerning the request. Failure to make such a request does not preclude the Custodian from treating it as a confidential record. If the request is denied, the Custodian shall notify the requestor of the determination and the reasons therefore. On application by the requestor, the Custodian may engage in a good faith, reasonable delay in allowing examination of the record so that the requestor may seek injunctive relief under Iowa Code section 22.8 (2005), as amended,. or other applicable law. The Custodian shall notify requestor in writing of the time period allowed to seek injunctive relief. f. Third Partv. A person who is the subject of a confidential record may request that the record be disclosed to a third party. Said request must be in writing and must identity the particular record or records that may be disclosed, and the particular person or class of persons to whom the record may be disclosed. Such request does not require the disclosure of the record by the Custodian. Appearance of counsel on behalf of a person who is the subject of a confidential record is deemed to constitute consent for the City to disclose records about that person to the person's attorney. 10. Redaction of a Record. The Custodian may redact from a record any information that is confidential under state or federal law, such as a Social Security Number. 11. Creation of a Record. If the Custodian determines that it may be more feasible, economical, or otherwise reasonable that a response to a request may be better met by the creation of a record, such as a report or a document that does not presently exist, and that would be produced as a result of research or analysis, the Custodian may, but will not be required, to notify the requestor of that determination. The Custodian may advise the requestor of the actual cost of creating and providing such document that does not currently exist. The Custodian and the requester may in such instance, but will not be required to, agree to approve such document in exchange for the actual cost in lieu of providing access to the records originally requested. In absence of such agreement, records will be made available as provided in this policy. Adopted by Resolution No. 06-3640n Nov. 28 ,2006. 4 M+8 ,.""., L..1LJ Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 06-365 RESOLUTION RESCINDING RESOLUTION NO. 02-192 AND ESTABLISHING FEES FOR SPECIFIC POLICE DEPARTMENT SERVICES. WHEREAS, Resolution No. 02-192 adopted a schedule entitled "Fees for Police Department Services"; WHEREAS, the "Fees for Police Department Services" does not include a fee for a video burned onto media (DVD-R); WHEREAS, the fees for certain services performed by the Police Department for members of the public upon their request are not included in the Police Department's general operating budget, and it is appropriate to charge a fee for such services commensurate with providing the same; and WHEREAS, the City Council finds that the attached "Fees for Police Department Services (Rev. 11/06"), which is incorporated herein, is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The attached "Fees for Police Department Services (Rev. 11/06)" is adopted. Resolution No. 02-192 is rescinded. Passed and approved this 28th d"'G'ZU ~'2006 . MAYOR ATTEST:~~~;K) k. ~AA) Approved by ~~ \(_dC-OC, City Attorney's Office sue\Qrd&Res\PD Fees Res - --_._._--,--~-----_._-"~-----_._,--~_._--~---_._-_._-------------"---~--_.,----~_._.~-----_.--_.,._-_. . Resolution No. Page 7 06-16') It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: x x J{ x x x x NAYS: Ba 11 ey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn I ~ I ::::~=_at.... ;(~~Wjf:'"t. "-.... _III'~ ....... .. CITY OF IOWA CITY MEMORANDUM Fees for Police Department Services (Rev. 11/06) 1. Police Records a. Accident Reports............................................................................................... $5.00 b. Incident Reports................................................................................................ $5.00 c. "Good Conduct" or Local Criminal History ........................................................$5.00 Requests requiring greater than fifteen (15) minutes research, will be charged $5.00 for each additional fifteen minutes. d. Computer Generated Reports........................................................... $8.00 minimum Any computer report requiring more than fifteen (15) minutes to generate will be charged $8.00 for each additional fifteen minutes. e. f. g. h. Audio Tape Reproduction Video Tape Reproduction Photos DVD-R $13.50 $15.00 $10.00 + .75 per photo $15.00 2. Escort services (excluding funerals): Current rate of Officer overtime as determined by contractual agreement, plus assessment for police vehicle(s) to be determined at the time of service. Two hour minimum. 3. Building moves: Current rate of Officer overtime as determined by contractual agreement, plus assessment for police vehicle(s) to be determined at the time of service. Two hour minimum. 4. Civic Center panic alarms whose activation alarms terminate at the Iowa City Police Department are exempt from this fee. 5. Excessive false alarms: Regarding devices also known as burglar, hold-up or intrusion alarms for which a response is expected by the Iowa City Police Department, of those devices that transmit false alarms, providing for one calendar year that more than four false alarms is excessive, an excessive false alarm fee schedule is established: 4 false alarms in a calendar year, no charge 5th false alarm in a calendar year, $30.00 6th false alarm in a calendar year, $35.00 7th false alarm in a calendar year, $40.00 8th false alarm and each thereafter in a calendar year, $50.00 6. 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.