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2002-10-08 Resolution
Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 02-338 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL SALVAGE BARN AND FURNITURE PROJECT BUILDING PROJECT, WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Landfill Salvage Barn and Furniture Project Building, as included in a contract between the City of Iowa City and United Builder's Center of Walker, Iowa, dated February 19, 2002, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $110,310.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th da 20 02 Approved by CITY"Ct:ERK Cit'~ ~,t~or~ey's'Office It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng\res\salvbarn,doc 9/02 Prepared by: Kurni Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 02-339 RESOLUTION ACCEPTING THE WORK FOR THE SENIOR CENTER BUILDING ENVELOPE WATERPROOFING PROJECT, WHEREAS, the Engineering Division has recommended that the work for construction of the Senior Center Building Envelope Waterproofing, as included in a contract between the City of Iowa City and Stumpf Construction of Riverside, Iowa, dated September 27, 2001, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $93,349.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th dayof October ,20 02 Approved by dlTY"C-LERK dit-y "AttOrney's Office It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilburn pwe ng'ves~srctrwater pd.d pc 9/02 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 02-340 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PHASE II OF WINDSOR RIDGE - PART FIFTEEN, AND DECLARING THE 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 Phase II of Windsor Ridge - Part Fifteen, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Phase II of Windsor Ridge - Part Fifteen, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. Phase II includes the remainder of Windsor Ridge - Part Fifteen (other than Phase I). 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 THE CITY 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 0cto/R~~,/~ Approved by CITY~GLERK C~ty~A~omey'~"Office It was moved by Champion and seconded by 0'D0nnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ENGINEER'S REPORT September 30, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge, Part Fifteen Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Phase II of Windsor Ridge - Part Fifteen has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. Phase II includes the remainder of Windsor Ridge - Pad Fifteen (other than Phase I). I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard Fosse, P.E. City Engineer Pweng/Itrs/rf-windsordg 15 doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240- I826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Jeff Davidson, Asst. Planning Dir., 410 E. Washington St., Iowa Cit~, IA 52240 (319) 356-5252 RESOLUTION NO. 02-341 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE LISTING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LEPIC-KROEGER REALTORS OF IOWA CITY, IOWA FOR THE COMMERCIAL SPACE REMAINING TO BE SOLD AT TOWER PLACE AND PARKING. WHEREAS, the Tower Place and Parking facility has been designed with approximately 27,000 square feet of commercial space; and WHEREAS, the City desires to extend the contract with a real estate firm which has been marketing the sale of said commercial space; and WHEREAS, the City has negotiated a six-month extension of the listing agreement with Lepic- Kroeger Realtors of Iowa City, Iowa to continue marketing activities for the sale of said commercial space; and WHEREAS, said commercial space will continue be placed on the multiple listing service enabling all local real estate firms to participate in the potential sale of the space. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The extensions of said listing agreement attached hereto are in the public interest and are approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the attached extension of said listing agreement. Passed and approved this 8th dayof 0cl:obe~' ,20 02 Appr~ jccogtp\res~iepic doc ResolutiOn No. 02-341 Page 2 It was moVed by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Iowa City Area Association of REALTORS® Listing Status Change/Correction Form Property Address: I Gilbert Street~ Iowa Cit¥~ Iowa MLS # 19907968 'Listing Office: LKR Listing Agent: K.Hanick/E.Galer Price: $417~252 CONTINGENCY (AC) (Active Status) PENDING (Status) Contingency Date (Purchase Agreement Date) Pending Date SOLD STATUS (Closing Taken Place) WlTHDRAWL/CANCELATION Selling Office Listing i~ Withdrawn REALTOR~ & Seller Signatures Required Below Selling Agent Buyer's Last Name , Listing is Cancel!ed Designated REALTO~¢ & Seller Signatures Required Below Sale Price Transaction Value EXTENSION Sales Terms: (Circle One) Listing Expires This Date: September 29,2002 Cash-Cash Convent-Conventional Lease-Lease Exchange-Exchange Extended Expiration Dateto March 29~ 2003 Other-Other FHA-VA REALTOR® & Seller Signatures Required Below CTC/CTL PPC-PPC Pending Date BACK ON THE MARKET (Not to Be Used ~o Activa~e an Expired Listing) Closing Date Listing is Back on Market PRICE CHANGE Change Price to Listing Expiration Date REALTOR®. & Seller 5~gnatures ~teqmrea t~e~ow Use tlus area below to make changes to the text ora listitag If changes are extensive, use a profile sheet to indicate cha~ges Signatur. eSSellers of Sellers/RE~3 R ~~ ~'/'Required~ Signatures~ "' '~'~'~.,~_~/.,~.//~ Date REALTOR~ "~Sign2ture- --~, ~ &~ ~ ~ Date wH'lll)~w~ It is also hereby agr~pcrty is sol~'the original listing, or any extension thereo~ or is sold within ~ys allcr thc expiration otthe listing or any extension thereof} as provided in said extension thereof shall ~ in thll Ii*tee and effect ~is is a withdrawal Rom Ser~ca. NOT a cancellation ol the listing Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 02-342 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1900 - 1902 MUSCATINE AVENUE, IOWA CITY, IOWA. WHEREAS, on January 31, 1994, the property owners of 1900 - 1902 Muscatine Avenue executed a Rehabilitation Agreement, a Promissory Note and a Mortgage through the City's Rental Rehabilitation Program. The financing was in the form of a ten-year declining balance loan in the amount of $2,800; and WHEREAS, the balance of the loan was 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 1900 - 1902 Muscatine Avenue, Iowa City, Iowa from the Rehabilitation Agreement, recorded on February 10, 1994, Book 1703, Page 185 through Page 189, a Promissory Note, Book 1703, Page 190 through Page 192, and a Mortgage, Book 1703, Page 193 through Page 196 of the Johnson County Recorder's Office. Passed and approved this 8th dayof 0ctol;~ ,20 0~ Approved by CITY'CLERK City Attorney's Office It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppd r eha b/res/1900-02mu sc.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1900 - 1902 Muscatine Avenue, Iowa City, Iowa, and legally described as follows: The South half of Lot 5 in Block 35, East Iowa City, Johnson County, Iowa, according to the recorded plat thereof. Said property also beJng described as: The South Sixty (60) feet of Lot Five (5) in Block Thirty-five (35), in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof; from an obligation of the property owners, Phillip M. and Karen Haley Reisetter, to the City of Iowa City in the total amount of $2,800 represented by a Rehabilitation Agreement, recorded on February 10, 1994, Book 1703, Page 185 through Page 189, a Promissory Note, Book 1703, Page 190 through Page 192, and a Mortgage, Book 1703, Page 193 through Page 196 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. Approved by ATTEST:' -~,~.~_.~ CiTY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~-¢~h day of (l~,,e_.~ , A.D. 20 O ~ before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. O,~-,~5/o~, adopted by the City Council on the ~w,6 day O~/¢~_20 (~ 2-- and that the said Ernest W. Lehman 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. Notary Public in and for Johnson County, Iowa ppdrehab\19004)2muscrel.doc Icommlulon Number 221819] I' ~' '! My Commission Expires I I'?~"I ,~ -5-~5 I Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 02-343 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY (~LERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 62 WEST SIDE DRIVE, IOWA CITY, IOWA. WHEREAS, on May 1, 1997, the owner of 62 West Side Drive executed a Mortgage in the amount of $1,400; and WHEREAS, the loan was paid off on September 20, 2002; 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 62 West Side Drive, Iowa City, Iowa from a Mortgage recorded on May 5, 1997, Book 2262, Page 76 through Page 79 of the Johnson County Recorder's Office. Passed and approved this 8th dayof October 20 02 Approved by AI-I'EST: ~'~.~,~ ~. "/~ ~ ~I~LERK ' City Attorney's Office It was moved by 6hampion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Lizabeth Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 62 West Side Drive, Iowa City, Iowa, and legally described as follows: Unit 62, West Pointe II Condominiums, according to the Declaration recorded in Book 2252, Page 187, Records of the Recorder of Johnson County, Iowa, together with a one-twelfth interest in the common elements from an obligation of the owner, Karen R. Yoder, to the City of Iowa City in the total amount of $1,400 represented by a Mortgage recorded on May 5, 1997, Book 2262, Page 76 through Page 79 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. Approved by CiTY"GLERK ' - City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~-ph day of (~0 ~LO~O~' P-~ , A.D. 20 O ~-, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman 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 Citv kC~.uncil, as contained in Resolution No.O,A-~'4-% , adopted by the City Council on the ~'-F day of (~('_~-o ~ ~J ,20 0 '~ and that the said Ernest W. Lehman 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. Notary Public in and for Johnson County, Iowa p pd re hab~6:Zwest side rel.d oc ,¢'~ ~ KELLIE K. TUTTLE I ' . ~ Commission Number 221819 .~1 ';I My Com~ssion E.~01res Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 02-344 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT_AND .A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 507 EAST COLLEGE STREET, IOWA CITY, IOWA. WHEREAS, on July 29, 1992, the owner (Mid-Eastern iowa Community Mental Health Center) of 507 East College Street executed a Promissory Note through the Community Development Block Grant (CDBG) funds. The financing was in the form of a ten-year declining balance loan in the amount of $70,000; and WHEREAS, the terms of the loan are satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 507 East College Street, Iowa City, Iowa from the Agreement and Promissory Note, recorded July 29, 1992, Book 1409, Page 280 through Page 295, of the Johnson County Recorder's Office. Passed and approved this 8th day of October ,2002 Approved by CITY'CLERK C~t'~; ' Attorney's Office It was moved by Champton and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdre hab/res/507 E college-tel.doc Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 507 East Market Street, Iow~ City, Iowa, and legally described as follows: The west sixty-five (65) feet of Lot three (3) and the east ten (10) feet of Lot four (4), all in Block forty-two (42), in Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions, if any. from an obligation of the owner, Mid-Eastern Iowa Community Mental Health Center, to the City of Iowa City in the total amount of $70,000 represented an Agreement and a Promissory Note, recorded July 29, 1992, Book 1409, Page 280 through Page 295, 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. Approved by CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~-,~h day of (~..)~-_.~J~.~--- , A.D. 20 (:::) ~ before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and' Marian K. Kart, 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 Cguncil, as contained in Resolution No.O~-~.~, adopted by the City Council on the <:~h day (~-~'P~ 20 0 ') . and that the said Ernest W. Lehman and Marian K. Kart 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. ppdrehab'~507Ecollege-rel.doc Notary Public in and for Johnson County, Iowa I o-"~-I KELLIE K, TUTrLE I I.~ ~ '~1Comrnisslon Numbs'2218191 Y.l~?l MyCommtsslonExPtms I Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 02-345 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'CFEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT F_OR THE PROPERTY LOCATED AT 1918 HOLLYVVOOD BOULEVARD, IOWA CITY, IOWA. WHEREAS, on December 20, 1993, the owner (Systems Unlimited, Inc.) of 1918 Hollywood Boulevard executed an Agreement through the Community Development Block Grant (CDBG) funds. The financing was in the form of a ten-year declining balance loan in the amount of $30,000; and WHEREAS, the terms of the loan are satisfied; and WHEREAS, it is the City of iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1918 Hollywood Boulevard, Iowa City, Iowa from the Agreement, recorded February 10, 1994, Book 1703, Page 197 through Page 207, of the Johnson County Recorder's Office. Passed and approved this Rth day of October ,2002 . Approved by CIT~-CLE RK ~.[ty Attorney's-Offic~ It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/res/rel-1918hwood doc Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1918 Hollywood Boulevard, Iowa City, Iowa, and legally described as follows: Lots 159 and 160, Mount Prospect Addition, Part IV, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 18, page 50, Plat Records of Johnson County, Iowa. And Lot 106 in Mount Prospect Addition, Part III, Iowa City, Iowa, according to the plat thereof recorded in Book 15, page 76, Plat records of Johnson County, Iowa from an obligation of the owner, Systems Unlimited Inc., to the City of Iowa City in the total amount of $30,000 represented an Agreement, recorded February 10, 1994, Book 1703, Page 197 through Page 207, 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. MAYOR Approved by CITY C-'L-ERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ dayof (C~--~:~b'~ r~- , A.D. 20 O 2~-, before me; the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman 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 C. 9uncil, as contained in Resolution No. 03.-~E~, adopted by the City Council on the ~'~'~ day (~C~'~20 O ~ - and that the said Ernest W. Lehman 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,~,.I KELLIE K. TUTrLE / ,/ [~ Comml~onNumbef2218191 J¥--~- C L;~ ,,J~. · ' My Commission ires ~ . ppdrehab\191.hwood-rel,doc I'~1 ~-~-~ ~tary Public In and for Johnson County, Iowa Prepared by: Karen Howard, Associate Planner, 410 E, Washington St,, Iowa City, IA 52240 (319) 356-52§1 RESOLUTION NO. 02-346 RESOLUTION AMENDING THE COMPREHENSIVE PLAN, TO INCLUDE THE SOUTHWEST DISTRICT PLAN AS RECOMMENDED BY THE IOWA CITY PLANNING AND ZONING COMMISSION ON AUGUST t5, 2002. WHEREAS, the Iowa City Comprehensive Plan, consisting of specific District components, serves as a land-use planning guide by outlining the location of particular land uses throughout the City, and also provides notification to the public regarding intended uses of land; and WHEREAS, the Southwest District Plan, developed with significant public input, establishes a set of planning principles and subarea plan maps that relate specifically to the history and existing conditions of the Southwest District, the boundaries of which are defined in the Iowa City Comprehensive Plan; and WHEREAS, the Southwest District Plan sets forth the planning principles and subarea plan maps that will serve as a framework to guide future development decisions in a manner that will benefit citizens living or working in the Southwest District as well as citizens in Iowa City as a whole; and WHEREAS, the Planning and Zoning Commission has reviewed the Southwest District Plan and has recommended that it be included as an integral part of the Iowa City Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Comprehensive Plan is hereby amended to include the Southwest District Plan as dated August 15, 2002. Passed and approved this 8th day of October , 2002. Mayor ATTEST: ~/,¢~ ~ ~ Cit~-Clerk Approved~by: 2Offi~ ~..~.y)Att ~ ¢ -/~ -.-O Z Resolution No. 02-346 Page 2 It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn 725 West Benton Street 23' 2 -2 ,1'I rD: S9 Iowa City, Iowa 52246 ~. ,I .~:~ ~( September 28, 2002 ~', ,'.'~, ,~,, !©"v'¥A 319/688-5278 Iowa City City Council 410 East Washington Street Iowa City, Iowa 52240 Dear Mr. Lehman, I am writing to you to express my thoughts regarding the SW District Plan. I have lived at 725 West Benton Street for three years (we moved here from West Lafayette, Indiana). Almost as soon as I moved to this house, I become involved with neighborhood planning. This past year, I attended the SW District planning meetings and went to one of the Zoning Commission meetings to express my thoughts about this plan. I, unfortunately, could not make it to the public hearing the Council had this past week The neighborhood I live in is one that could have been helped or hurt by this plan. The plans seems to promote neighborhood revitalization and reflects many of the things citizens said at the various planning meetings. The city staff did a remarkable job in listening to us. Overall, I like the plan and support. However, I have one disagreement with the plan. I oppose any sidewalk on the south side of Benton Street. I was a little surprised at this idea of this sidewalk in the plan (page 16 of the plan) as it was not discussed at any of the meetings I had attended. Moreever, I have been involved with a couple of groups where Benton Street and the south side sidewalk has been discussed, each time with concern about its feasibility. The Miller Orchard neighborhood has met a few times to discuss park planning, and, always, a focus has been on developing a safe access to the park. A conclusion drawn from these meetings was that a sidewalk on the south side of Benton would invite kids from Roosevelt to run across the hill, and, therefore, be a dangerous option to implement. I have also been involved with Roosevelt School regarding safety on Benton Street and sidewalks. The consensus again was the same - a sidewalk was undesirable. I enclose a copy of a petition some of us from Roosevelt signed and sent to you a couple of years ago regarding this matter. I live on the hill and know how dangerous this street is. It is not the number of cars on the street that is so dangerous, but the speed that they travel. My house is just under the crest of the hill and I pay very close attention to cars racing over the hill (way past the 20 miles an hour they are to be going during school hours) so I can get out of my driveway. I also face the traffic on the hill when I cross the street with my daughter to walk her to school. This brings me to another point. I am also concerned about a sidewalk right in front of me - again for safety reasons. I already worry about the speed of cars going over the hill. I cam~ot see over the crest of the hill. Of course, I do not start to turn until I don't see any cars coming over the hill. IfI have started to turn, and a car comes into view from my left (from the top of the hill), I still have ample time to complete my turn. However, if they speed, I don't have time. A sidewalk in front of my house would just exacerbate this problem. A sidewalk would offer bicyclists a perfect path. However, I shudder to think of what could happen when I am waiting to turn into the street, and a cyclist zooming down the hill not thinking they will see a car in their path will crash into me as I am waiting to turh into the street. Finally, the expense of putting in a sidewalk in front my house would be astronomical, given the retaining walls that would have to be put there. I would hope that if there was a sidewalk put there, the property owners would be compensated with the expense of it being put in. Thank you for taking the time to read my conunents. Again, I support the plan overall and I thank the city for doing such a wonderful job on it. I just have reservations regarding a south side sidewalk. Regards, To: Ernie Lehman k.J n'~,' ) From: Karen Schuette and Mary Knhdson-Dion Date: July 6, 2000 Re: Concern for West Benton Street Safety Enclosed please find a copy ora letter signed by numerous Roosevelt School pztrems regarding the safety of West Benton Street where the new park is going to be pu! in We would like you to read our concerns and consider our solutions to the problem 'l'lmnk you. April 27 2000 410 East Washington Street Iowa City, Iowa 52240 To Whom It May Concern: We, the parents of Roosevelt School, are excited about the future neighborhood park that will be located directly across from our school on West Benton Street. We, however, are concerned about the safety of our children and the Benton Street traffio. We fear the children will be tempted to cross Benton Street to enter the park before and aRer school. Being that the traffic on Benton Street is extremely busy and the entrance to the park sits on the hill, we would like the Iowa City City Council to consider measures to make Benton Street a safer street to cross at this location. Some measures could be a foot overhead pass, speed bumps, a walk light, a crossing guard, or to not put in a sidewalk on this side of the street. Thank you for your consideration. Sincerely, Name Street ad~tre~ Phone Name Street address Phone Prepared by: Rober[ Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB02-00013) RESOLUTION NO. 02-347 RESOLUTION APPROVING FINAL PLAT OF VILLAGE GREEN, PART XXII, IOWA CITY, IOWA. WHEREAS, the owner, Nick Partners, filed with the City Clerk the final plat of Village Green, Part XXII, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot "A" Village Green - Part XVI, containing 9.31 acres. WHEREAS, the Department of Planning and Community Development and the Public Works Department exam[ned 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 (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. 000558 Resolution No. 02-347 Page 2 Passed and approved this 8th day of October ,20. 02 . Approved by ClTY~ERK ' Ci~ Attorney's~Office It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilburn ',rrm ~,,~o~ oT U~UT3a 0 0 0 5 5 9 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-348 RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST THE SUMMIT WHEREAS, on June 28, 2002, Liesel Rembold Hyland was convicted/pled guilty in Johnson County District Court, Docket No. STIC 118616 of violating Iowa Code § 453A.2( 1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Hyland was an employee of the establishment operating under the retail cigarette permit issued to The Summit, 10 S. Clinton Street; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Summit and at said hearing the City Council heard the facts of the violation and the arguments of the permitee; and WHEREAS, this violation is the first such violation of an employee of The Summit to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against The Summit. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen (14) days. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSEDANDAPPROVED: October 8:2002 City Cte~ City of Iowa City Resolution No. 02-348 Page 2 It was moved by 0'Donnel 1 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilbum . - NOTICE OF HEARING The Summit 10 S. Clinton Street Iowa City, IA 52240 Retail Cigarette Permit Holder: Pursuant to Section 453A.22(2) of the Code of Iowa, if a retailer or employee of a retailer has violated Section 453A.2(1) of the Code of Iowa by selling or providing tobacco, tobacco products or cigarettes to a minor, the retailer, after notice and opportunity for a hearing, shall be subject to civil penalties. The civil penalty for a first violation pursuant to Section 453A.22(2) is $300.00. If the civil penalty is assessed, a failure to pay it results in an automatic suspension of the retail cigarette permit for a period of fourteen (14) days. On June 28, 2002, Liesel Rembold Hyland was convicted of or pled guilty to a violation of Section 453A.2(1), prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor. At the time the underlying citation was issued, Hyland was an employee of your facility and working in his or her capacity as such. You are hereby on notice that the City Council for the City of Iowa City, Iowa, has scheduled a hearing to determine whether the above-named retail cigarette permit holder should be assessed a civil penalty pursuant to Section 453A.22(2). The hearing is scheduled for October 8, 2002, at 7:00 p.m., at Emma Harvat Hall in the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. You have the right to attend this heating and be heard. You may attend personally or via a representative. If you wish to avoid having the hearing on this matter and would prefer to accept responsibility for the civil penalty you may do so by tendering the $300.00 civil penalty to the City Clerk for the City of Iowa City and by executing the Waiver of Right to Hearing on Civil Penalty previously provided to you. The City Clerk's office is located at 410 East Washington Street, Iowa City, Iowa 52240. If the $300.00 civil penalty and the executed Waiver are not received by the City Clerk by the time and date set for the hearing, the aforementioned hearing will be held as scheduled. COMPLAINT [] T-C/W/ gq'"RE8-1'l NON-RI r~ OC ~$-C&R IOWA L~IFORM CITATION AND COMPLAIN~-I~ HIS ~ - ~ ~MED ~ YE~ ~' ~ ~-L Iowa cl~ ~LICE DEPARTMEN~ .... ~ .. ' ~State of Iowa g City of: IOWA Cl~ ~' C~ ~-'~ ~ State~Zip~ ~ Class ~5. ~ - DL End _ OL Rest.. DOB d r/O~ ? ~ Race ~ Se~ Ht~ Wt. The undersigned statef mat on or about~/~O /~ at /O ~ 0 AM CMV BYes BNo H~MatPlac. Req. BYes ~No DOT~ Reg. ~_ Upon a public highway ~Traffic ~ Navigation B Snowmobile/A~ Court Costs $--~ ~ ¢l~0) Accident ~d i~ ~Fat~ Accident Total Fine/Costs ~$ ~Civi~amage Assessment Speed I~ -- [ Zone-Sec. ~ ~ ~ ~ IA Cod DATA CODE Fed/Adm. Code Local Ord. preceding is true and correct ~~~ / Dated ~ / O~ 0 L~ema Be~ley l, /~ /¢'~ at ~2~ ~AM OPM complele copy of the Original mstrumenl{s} [NOTICE: Providing [alse information is a violation o[ Section 719.3 of the Code Ofiowa and is punishable as an aggravated misdemeanor. fil~ in this office ~nsisti~ ~ ~ pages. IN ~S~M~ ~E~EOF. t ~ h~eu~o ~ysignaturebelowlsnotapleaofguilty, butacknowledgesullofd~eg~iowing: ~ my ~n0 and ~ ~ Seat ~ aid ~u~ t 1 hereby swear and affirm that the ,nformation provided by me on this citation is true under penalty at m~'~;'~ ~ 2 2 I prom~se to appe~ in said cou~ at said time and place, or I will comply with the provision on the 0f, ~ ~ ~ )~ top o/'the reverse ~ide of the citation. ~ ~ [~A ~[~ The tollowing applies to simple misdemeanors only: ~ ~Jt? ~ ~~tdct~ 3. l hereby give my unsecnred appearance bond m the am~of '~t~' dolla, sandentermywritten Screen CPE100 ICIS CASE PROCESSING Date 12-JUL-02 User ID OXLE52 Dispositions/Criminal Time 11:22 AM .............................. Original Charge ............................... Case ID 06-52-1-__-ST-ICl18616 Title STATE OF IOWA vs HYLAND,_LIESEL R Def PIN JO1334846 DCI Def Name HYLAND, LIESEL REMBOLD Original Charge Year Cnt Charge Descriptio~ -- 453A.2(1)-C 2000 01 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO TO MI Comment -- -- PP Due--Dt ............................. Charge Adjudication ............................. Adjudicated Charge 453A.2(1)-C Year 2000 Act Sp Post Sp Adj Charge Desc 1ST OFFENSE - EMPLOYEE_PROVIDING_TOBACCO TO MINOR -- Type Date Judg~ PIN Judge Name GU 06/28/2002 Comment ............................ Charge Disposition ............................ Ty Appl Disposed ChgYear Sen Date Eff Date Judge PIN Sent Hrs Days Mos Yrs 453A.2(1)- 2000 06/28/2002 FN Desc 1ST OFFENSE - EMPLOYEE PROVIDING TOBACC Fac Tp Review Dt Atty _ ~est _ Drug _ Lic--Rev _ DD~ _ Extrad _ BaTter _ (Y/N) Fine __ Count: *1 <Replace Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-349 RESOLUTION SUSPENDING RETAIL CIGARETTE PERMIT OF NORTH DODGE EXPRESS FOR A PERIOD OF THIRTY (30) DAYS WHEREAS, on June 10, 2002, Craig William Volk was convicted/pled guilty in Johnson County District Court, Docket No. STIC 118619 of violating Iowa Code § 453 A.2(1 ); and WHEREAS, at the time of the violation underlying the above conviction/plea, Volk was an employee of the establishment operating under the retail cigarette permit issued to North Dodge Express, 2790 North Dodge Street, Iowa City; and WHEREAS, them was a prior violation of Section 453A.2(1) by one of this business's employees or agents within a two-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 the first time its employee is convicted of or pleads guilty to a violation of Iowa Code § 453A.2(1) and a suspension of its permit for a period of thirty (30) days the second time its employee is convicted of or pleads guilty to such a violation within a two-year period, each after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess a civil penalty against North Dodge Express and at said hearing the City Council heard the facts of the violation and the arguments of the permitee; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby suspends the retail cigarette permit of North Dodge Express for a period of thirty (30) days, as a civil penalty pursuant to Iowa Code § 453A.22(2). BE IT FURTHER RESOLVED, that said retail cigarette permitee has ten (I0) days from the date of this Resolution to surrender its retail cigarette permit to the City Clerk who will hold it for a period of thirty (30) days. BE 1T FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of buslness as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: October 8, 2002 City C'[6?k, City of Iowa City Resolution No. 02-349 Page 2 It was moved by Pfab and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilbum ~ - NOTICE OF HEARING North Dodge Express 2790 North Dodge Street Iowa City, IA 52240 Retail Cigarette Permit Holder: Pursuant to Section 453A.22(2) of the Code of Iowa, if a retailer or employee of a retailer has violated Section 453A.2(1) of the Code o£ Iowa by selling or providing tobacco, tobacco products or cigarettes to a minor, the retailer, after notice and opportunity for a hearing, shall be subject to civil penalties. Thc civil penalty for a first violation pursuant to Section 453A.22(2) is $300.00. The civil penalty for a second violation within a two-year period is a thirty (30) day suspension of the retail cigarette permit. On June 10, 2002, Craig William Volk was convicted of or pled guilty to a violation of Section 453A.2(1), prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor. At the time the underlying citation was issued, Volk was an employee of your facility and working in his or her capacity as such. This is, at least, the second violation of Section 453A.2(1) by an employee or agent of your establishment within a two year period. You are hereby on notice that the City Council for the City of Iowa City, Iowa, has scheduled a hearing to determine whether the above-named retail cigarette permit holder should be assessed a civil penalty pursuant to Section 453A.22(2). The civil penalty sought will be a thirty (30) day suspension of your retail cigarette permit. The hearing is scheduled for October 8, 2002, at 7:00 p.m., in Emma J. Harvat Hall of the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. You have the right to attend this hearing and be heard. You may attend personally or via a representative. If you wish to avoid having the hearing on this matter and would prefer to accept responsibility for the civil penalty you may do so by surrendering your retail cigarette permit to the City Clerk for a period of thirty (30) days and by executing the Waiver of Right to Heating on Civil Penalty previously provided to you. The City Clerk's office is located at 410 East Washington Street, Iowa City, Iowa 52240. If the permit is not surrendered and the executed Waiver is not received by the City Clerk by the time and date set for the hearing, the aforementioned hearing will be held as scheduled. You may direct any questions about the above to Andrew B. Chappell, Assistant County Attorney, at 319.339.6100. [] T-C/W COMPLAINT [] RES [] NON-REI [] OC ~ S-C&R IOWAUN1FORMCITATIONANDCOMPLAINT[] HIS [] NON-HII ARMED [] YES [] N( ~' '( O '~"~..._._ IOWA CITY POLICE DEPARTMENT,.~'a,,~t.3x:O.o,RT/¥{t PLAINTIFF: ~ State of Iowa ~Countyof: JOHNSON _ lC N9 118619 g City of: IOWA CI~ '~ In the Corot at ~ 417 S. CLINTON STREET~ JOHNSON ~UN~ COURTHOUSE Defendant, Last . ~t ...~ Middle Address ~O~ City ~/~ State SS~L~ ~O~O/~ ~ ff DL Class - ~' DOB /O / /~/ ~Race The undersigned states that on or about ~ ~]O~ at~ ~AM ~PM defendant did unlawfully: Mo. Day Yr. Operate Motor Vehicle/Boat (describe) CMV ~Yes ~No HazMatPlac. Req. ~Yes ~No USDOT~ Reg. ~ Upon a public highway Located in ~e county and state aforesaid offense: ~Traffic ~Navigation ~ ~s Cou~ Costs $ ~ . rO ~ P~($1000) Accident Speed--tln Zone-icc. * - <C*~ L~ IA Cod, DATA CODE Fe~Adm. Code Local Ord. ' C ER ~IF I'~AT E' D ated~ [ ~ ~[, k~ema Be(k~oy , Clerk of tho District [ Mo. Day Yr. Officer's Signature COU~ of the State of Iowa, in and for John~n Screen CPE100 ICIS CASE PROCESSING Date 12-JUL-02 User ID OXLE52 Dispositions/Criminal Time 11:22 AM .............................. Original Charge ............................... Case ID 06-52-1- -ST-ICl18619 Title STATE OF IOWA vs VOLK,_CRAIG_WILLIAM Def PIN JOl157609 DCI Def Name VOLK, CRAIG WILLIAM Original Charge Year Cnt Charge DescriptTon -- 453A.2(1)-C 2000 01 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO TO MI Con~nent -- -- PP Due--Dt ............................. Charge Adjudication ............................. Adjudicated Charge 453A.2(1)-C Year 2000 Act Sp Post Sp __ Adj Charge Desc 1ST OFFENSE - EMPLOYEE_PROVIDING_TOBACCO TO MINOR Type Date Judge PIN Judge Name GU 06/10/2002 Comment ............................ Charge Disposition ............................ Ty Appl Disposed ChgYear Sen Date Eff Date Judge PIN Sent Hrs Days Mos Yrs 453A.2(1)- 2000 06/10/2002 FN Desc 1ST OFFENSE - EMPLOYEE PROVIDING TOBACC Fac Tp Review Dt Atty _ ~est _ Drug _ Lic--Rev _ DD~ _ Extrad _ BaTter _ (Y/N) Fine __ Count: *1 <List><Replace Prepared by: Andrew ChappelI, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-350 RESOLUTION SUSPENDING RETAIL CIGARETTE PERMIT OF SUBURBAN AMOCO - KEOKUK STREET FOR A PERiOD OF THIRTY (30) DAYS WHEREAS, on July 9, 2002, Marcus Anthony Kriegel was convicted/pled guilty in Johnson County District Court, Docket No. ST1C118618 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Kriegel was an employee of the establishment operating under the retail cigarette permit issued to Suburban Amoco - Keokuk Street, 1905 Keokuk Street, Iowa City; and WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within a two-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 the first time its employee is convicted of or pleads guilty to a violation of Iowa Code § 453A.2(1) and a suspension of its permit for a period of thirty (30) days the second time its employee is convicted of or pleads guilty to such a violation within a two-year period, each after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess a civil penalty against Suburban Amoco - Keokuk Street and at said hearing the City Council heard the facts of the violation and the arguments of the permitee; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby suspends the retail cigarette permit of Suburban Amoco - Keokuk Street for a period of thirty (30) days, as a civil penalty pursuant to Iowa Code § 453A.22(2). BE IT FURTHER RESOLVED, that said retail cigarette permitee has ten (10) days from the date of this Resolution to surrender its retail cigarette permit to the City Clerk who will hold it for a period of thirty (30) days. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: October 8, 2002 ATTEST: City ~'rerk, City of Iowa City Resolution No. 02-350 Page 2 It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilbum - NOTICE OF HEARING Suburban Amoco - Keokuk Street 1905 Keokuk Street Iowa City, IA 52240 Retail Cigarette Permit Holder: Pursuant to Section 453A.22(2) of the Code of Iowa, if a retailer or employee of a retailer has violated Section 453A.2(1) of the Code of Iowa by selling or providing tobacco, tobacco products or cigarettes to a minor, the retailer, after notice and opportunity for a hearing, shall be subject to civil penalties. The civil penalty for a first violation pursuant to Section 453A.22(2) is $300.00. The civil penalty for a second violation within a two-year period is a thirty (30) day suspension of the retail cigarette permit. On July 9, 2002, Marcus Anthony Kriegel was convicted of or pled guilty to a violation of Section 453A.2(1), prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor. At the time the underlying citation was issued, Ktiegel was an employee of your facility and working in his or her capacity as such. This is, at least, the second violation of Section 453A.2(1) by an employee or agent of your establishment within a two year period, You are hereby on notice that the City Council for the City of Iowa City, Iowa, has scheduled a heating to determine whether the above-named retail cigarette permit holder should be assessed a civil penalty pursuant to Section 453A.22(2). The civil penalty sought will be a thirty (30) day suspension of your retail cigarette permit. The hearing is scheduled for October 8, 2002, at 7:00 p.m., in Emma J. Harvat Hall of the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. You have the tight to attend this hearing and be heard. You may attend personally or via a representative. If you wish to avoid having the hearing on this matter and would prefer to accept responsibility for the civil penalty you may do so by surrendering your retail cigarette permit to the City Clerk for a period of thirty (30) days and by executing the Waiver of Right to Heating on Civil Penalty previously provided to you. The City Clerk's office is located at 410 East Washington Street, Iowa City, Iowa 52240. I£the permit is not surrendered and the executed Waiver is not received by the City Clerk by the time and date set for thc hearing, the aforementioned hearing will be held as scheduled. You may direct any questions about the above to Andrew B. Chappell, Assistant County Attorney, at 319.339.6100. ARMED IOWA C,~ POLICE DEPA~~ D City of: IOWA CI~ t Defe~dan[, LasY ~Firs~ Middle /SS~LP ~ ?/~OZ ~L Class lJ~ ~ DL End DOB O6/O~ ]~ Race~ Sex_~Ht.~Wt./~ ~e undersigned states that on or about~ at / ~H AM ~P~ defendant did unlawfully: o.. a ~r. O~rate Motor Vehicle~oat (describe) CMV ~Yes 0No HazMatPlac. Req. ~Yes ~No USDOTP Reg. P _ . State Year Upon a public highway at~ L~ated in ~county mad state aforesaid and did then and there com~t~e following offense: ~raffic ~ Navigation ~ Snowmobde/ATV .[ ~ ~Parks /~chcdulvd Vio/F, ne Sorch~ge $ Torsi Fine/Co,ts Speed DATA CODE Fed/Adm. Code Local Ord. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the f CO [ll't Date: If you must appear in court or if you choose to appear to answer a charge 1~~ , /['~. whi~c~.>h does no/~.o:~r~ _/~..~ equire an appearance, repOrtat t~,~bove named court on:~ ~u~AM ~PN ,J~ Itu NOTICE: Providing false information is a violation of Section 719.3 of the Code of ItU 1~ Iowa and is punishable as an aggravated misdemeanor. .~~ j~.l~lfl!~oO ~.~jO Ml signa are be ow s no a plea of ~uihy, but acknowledges all oflhe following: I I hereby sweat' and affirm that the information provided by me on this cgadon is true under penalty fl! I~!J i ,f provklit g false intbrmafion. 0ll~,]~Ol~ 2 topi ptt)ltaiSeof the reverser° appearsidein saidof thec°Urtcitation.at said time and place, or i~, I colnply.~ withies.tile provision on tile ~01~0~ The following applies to simple misdemeanors only: ~ ~ ~'~l~[*~Offi~l~tl~0Ur~o~ appearance. I agree that if I fail to appear in person or ~y~'o~insel to defend against tile offense charged ~[I~90~ S 3 I hereby give my unsecured appearance bond in the arno f ~ dollacs and enter my wfilten n this citation, the court is authorized to enter a conviction mid render judgment against me tbr the sin f my appemance bond in satisfaction of the penalty and surcharge plus court costs Screen CPE100 ICIS CASE PROCESSING Date 12-JTJL-02 User ID OXLE52 Dispositions/Criminal Time 10:13 AM .............................. Original Charge ............................... Case ID 06-52-1- -ST-ICl18618 Title STATE OF IOWA vs KRIEGEL,_MARCUS ANT Def PIN JO1546492 DCI Def Name KRIEGEL, MARCUS ANTHONY Original Charge Year Cnt Charge Description- -- 453A.2(1)-C 2000 01 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO TO MI Comment -- -- PP Due--Dt ............................. Charge Adjudication ............................. Adjudicated Charge 453A.2(1)-C Year 2000 Act Sp Post Sp __ Adj Charge Desc 1ST OFFENSE - EMPLOYEE_PROVIDING_TOBACCO TO MINOR Type Date Judg~ PIN J~d~e Name GU 07/09/2002 TICKUP TICKUP, Comment ............................ Charge Disposition ............................ Ty Appl Disposed ChgYear Sen Date Eff Date Judge PIN Sent Hrs Days Mos Yrs 453Ao2(1)- 2000 07/09/2002 TICKUP FN Desc 1ST OFFENSE - EMPLOYEE PROVIDING TOBACC Fac Tp Review Dt Atty _ ~est _ Drug _ Lic--Rev _ DD~ _ Extrad _ BaTter _ (Y/N) Fine __ Count: *1 <List><Replace Page 1 of 1 Marian Karr -~oc~ From: Kj4cress@aol.com Sent: Monday, October 07, 2002 10:37 PM To: co u ncil@iowa-city.org Subject: Suburban bp Amoco cigarette permit Dear City Council members: I am John Cress, co-owner and representative for Suburban bp Amoco on Keokuk St. I called the mayor a few weeks ago to express concerns with losing our cigarette permit for 30 days, over an infraction in identifying an underage person. This business provides a service to the southside of Iowa City where many businesses have not lasted. Our employees are trained to ID as per the law, but mistakes have happened. We have adopted a zero tolerance for underage sales. Our intent is certainly not to sell cigarettes to underage customers. We have all the pertinent signs posted to have customers prepared to show ID, and request it. The effects of a loss of a cigarette sales permit are many. It will certainly affect income for the 30 day period, but also may have long term effects. The state will lose a minimum of $1,200.00 per month in sales tax just from cigarette sales. It could be larger due to the fact that customers may not make their other purchases here during that time period as well. We would encourage and entertain the council to apply different consequences to each situation, that do not undermine the feasibility of an entire business. Thank you for your consideration on this matter. Sincerely, John Cress Cell 331-2401 10/8/02 9 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member 0' Donnel 1 introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,155,000 GENERAL OBLIGATION BONDS", and moved: _ . [] that the Resolution be adopted. [] 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 _, 2002, at this place. Council Member Pfab seconded the motion. The roll was called and the vote was, AYES: Kanner~ Lehman~ O'Donnell~ Pfab~ Vanderhoef~ Wilburn, Champion NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 02-351 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,155,000 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 not to exceed $1,155,000 General Obligation Bonds for the essential corporate purpose of paying costs of refunding outstanding general obligation indebtedness of the City, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the -6- following 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 proceedings and takes . additional action for the sale and issuance in the manner required by law of not to exceed $1,155,000 General Obligation Bonds for the foregoing essential corporate purpose. PASSED AND APPROVED this 8th day of October .2002. Mayor ATTEST: City'Clerk -7- Lell: Uncollected Pi'ope fty Ta~e$.Levy ¥.af 23 I Prepared by: Jeff Davidson, JCCOG, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5252 RESOLUTION NO. 02-352 RESOLUTION CHANGING THE NAME OF THE OLD ALIGNMENT OF SCOTt BOULEVARD BETWEEN ROCHESTER AVENUE AND DUBUQUE ROAD TO HARVEST ROAD. WHEREAS, the new alignment of Scott Boulevard has been completed between First Avenue and Rochester Avenue; and WHEREAS, there could be confusion for emergency response providers and delivery services if there are two roads designated as Scott Bou[evard; and WHEREAS, the adjacent property owners along the old alignment of Scott Boulevard have been consulted and agreed upon the new name of Harvest Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The old alignment of Scott Boulevard between Rochester Avenue and Dubuque Road is hereby renamed Harvest Road. 2. City staff is directed to notify emergency response providers, the U.S. Postal Service, and all residences along Harvest Road of the new name. Passed and approved this 8th day of October ,20 02 Approved b.y /~ CITY"CL E-15,K C~,[~o'¢ney's"Office It was moved by Vanden'hoer and seconded by W'i15urn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilburn jccogadmVes\harvestrd doc Council Member Pfab introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $10,600,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002" and moved its adoption. Council Member 0'D0n nel 1 seconded the motion to adopt. The roll was called and the vote was, AYES: Kanner. Lehman. O'Donnell. Pfah. Vand~rhoef, Wilburn, Champion NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 02-353 RESOLUTION DIRECTING SALE OF $10.600.000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002 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: $ 10,600,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002: Bidder: Hutchinson, Shockey~ Erley of Chicaqo the terms ofs~d bid being: Pric~ of $10.571.778.35. Interest rates of 2.50 to 4.0 percent for 2003 through 2015 maturities. Net interest rate is 3.0468%. -8- 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. Section 3. That the notice of the sale of the bonds heretofore 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 8th day of October ., 2002. Mayor ATTEST: Ci~'~erk -9- Council Member Pfab introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $8,500,000 WATER REVENUE BONDS," and moved its adoption. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Kanner NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 02-354 RESOLUTION DIRECTING SALE OF $8,500,000 WATER REVENUE 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: $8,500,000 WATER REVENUE BONDS: Bidder: Harris Trust & Savings Bank of Chicago the terms of said bid being: Price of $8,415,607.35. Interest rates of 2.0 to 4.65 percent for 2003 through 2022 maturities. Net interest rate is 4.1463%. -10- 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 ~f 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. Section 3. That the notice of the sale of the bonds heretofore 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 8th day of October ,2002. Mayor ATTEST: Cler~ 339296\1\10714063 -11- Publish 9/30 NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of bonds of the City of Iowa City, Iowa, will be received at the office of the Finance Director in the City of Iowa City, Iowa (the "Issuer") at 11:00 A.M., on the 8th day of October, 2002. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the bonds will be held at the Emma J. Harvat Hall, Civic Center, 410 East Washington Street, at a meeting of the City Council on the above date at 7:00 o'clock P.M. The bonds to be offered are the following: WATER REVENUE BONDS, SERIES 2002, in the amount of $8,500,000 to be dated November 1, 2002 and GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002, in the maximum principal amount of $10,980,000, to be dated November 1, 2002 collectively (the "Bonds"). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240, Telephone: (319) 356-5052; or the City's Financial Consultant, Evensen Dodge, Inc., 650 Third Avenue South, Suite 1800, Minneapolis, MN 55402, Telephone: (612) 338-3535. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said bonds will be sold subject to the opinion ofAhlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. s/Marian K. Karr City Clerk of the City of Iowa City, Iowa REPORT OF BIDS City of Iowa City, Iowa $8,500,000 Water Revenue Bonds, Series 2002 $10,480,000' General Obligation Refunding Bonds, Series 2002B October 8, 2002 TO: Iowa City Mayor, City Council Members and Administration FROM: David Dirks EVENSEN DODGE, INC. SUBJECT: $8,500,000 Water Revenue Bonds, Series 2002 Today, October 8, 2002 the sealed bids tabulated below were received, opened and reviewed. The bids reflect and are indicative of the current conditions in the tax- exempt market. BIDDER ADDRESS $ NIC {%) TIR Harris Trust & Savings Bank Chicago, IL $4,011,462.65 4.1463% RBC Dain Rauscher Inc. Denver, CO $4,030,441.57 4.1723% US Bancorp Piper Jaffray Minneapolis, MN $4,040,340.00 4.1818% WE RECOMMEND AWARD TO: Harris Trust & Savings Bank Thank you for the opportunity to be of service to the City of Iowa City, Iowa. We are available to answer any questions you may have on this or any other issue in the future. 100 Court Avenue, Suite 215 Des Moines, IA 50309 515/282-6138 FAX 515/282-0252 W:~onnh'esults\dirks TO: Iowa City Mayor, City Council Members and Administration FROM: David Dirks EVENSEN DODGE, INC. SUBJECT: $10,480,000* General Obligation Refunding Bonds, Series 2002B Today, October 8, 2002 the sealed bids tabulated below were received, opened and reviewed. The bids reflect and are indicative of the current conditions in the tax- exempt market. BIDDER ADDRESS $ NIC (%) TIR Hutchinson, Shockey, Erley Chicago, 1L $1,474,520.61 3.0468% Harris Trust & Savings Bank Chicago, I1 $1,466,221.48 3.0513% RBC Dain Rauscher Inc. Denver, CO $1,483,787.70 3.0673% US Bancorp Piper Jaffray Mi~meapolis, MN $1,490,982.69 3.1007% UBS PaineWebber Inc. Chicago, 1L $1,500,044.05 3.1338% WE RECOMMEND AWARD TO: Hutchinson, Shockey, Erley & Co. Thank you for the opportunity to be of service to the City of Iowa City, Iowa. We are available to answer any questions you may have on this or any other issue in the future. 100 Court Avenue, Suite 215 Des Moines, IA 50309 515/282-6138 FAX 515/282-0252 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002" and Council Member seconded the motion to adopt, called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the Resolution duly adopted: SALE OF $ OBLIGATION SERIES 2002 WHEREAS, quired by law, bids have been received at public sale for the bonds described and the best bid received is determined to be the following: $ GENERAL BONDS, SERIES 2002: Bidder: of the terms 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. Tha~ statement of information for bS~id bidders and the form of contract for the sale of sai~,onds are hereby approved~b~fid the Mayor and Clerk are authorized to execute the samXe,,on behalf of the City~// / Section 3. That the notice'~of the sale of tM bonds heretofore given and all acts of the Clerk done in furtherance of the sale of saigV~onds are hereby ratified and approved. PASSED AND APPROVED, this ,/ day of ,2002. M'ayor \ ATTEST: City Clerk -9- Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $8,500,000 WATER REVENUE BONDS," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, NAYS: Whereupon, the Mayor duly adopted: RESOLUTION SALE ~ $8,500,000 WHEREAS, pursuant to notice as by law, bids have been received at public sale for the bonds described as the best bid received is determined to be the following: $8,500,000 Bidder: the terms of said bid being: / / / -10- 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. Section 3. That the notice of the sale of the bonds heretofore~giyen and all acts of the Clerk done in furtherance of the sale of said bonds ar~Se~y~atified and approved. PASSED AND APPROVED, this ,/~ ,2002. t~? ..'Mayor ATTEST: Clerk ~ 339296\1\10714063 -11- Prepared by Dale Helling, Asst. City Mgr., 410 E. Washington St., Iowa City, IA 52240, (319)356-5013 RESOLUTION NO. 02-355 RESOLUTION AUTHORIZING JOINT AGREEMENT BETVVEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 2001 Code of Iowa; and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units; and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibility and the Iowa City Library Board's administrative responsibilities for library service in Iowa City; and WHEREAS, procedures are necessary to make this coordination effective; and WHEREAS, the Iowa City Library Board of Trustees and the City Council of the City of Iowa City wish to enter into a joint agreement to coordinate negotiating procedures for purposes of collective bargaining, a copy of which agreement is attached to this resolution as "Exhibit A," and by this reference made a pad hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign, and the City Clerk to attest, this resolution, and the attached joint agreement between the Iowa City Library Board of Trustees and the City Council of the City of Iowa City, Iowa, to coordinate negotiating procedures for purposes of collective bargaining. Passed and approved this 8th day of October ,2002. Approved by humanrel\unions\afscme\libres.doc Resolution No. 02-355 Page 2 It was moved by Vanderhoef and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum EXHIBIT A JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAIN- ING An agreement made and entered this /~)/-4 day of _A'~g_,_zCo/~,cP--~ ,2002, by and between the City Council of Iowa City, iowa, and the Board of Trustees of the Iowa City Public Library, Iowa City, Iowa. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 2001 Code of Iowa, and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units, and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibility and the Iowa City Library Board's administrative responsibilities for library service in Iowa City, and WHEREAS, procedures are necessary to make this coordination effective. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. Both bodies will bargain in coordination with the duly appointed representatives of their respective employee organization. 2. The Library Board will designate the City Manager of Iowa City or his designee as the bargaining representative for the Iowa City Public Library Board of Trustees. 3. The Library Director or her designee will be a member of the negotiating team and shall represent the Iowa City Public Library Board of Trustees in issues of specific concern to library operations and/or library employees. 4. The Iowa City Public Library Board of Trustees will be notified of all executive sessions of the City Council of Iowa City called for the purpose of discussing contract negotiations. 5. Subsequent to any negotiated contract, the Library Director will be represented on any grievance committee formed as a condition of that contract. 6. This agreement shall cover the period from date of adoption through the contract covering library employees which will begin July 1,2003. Presi Trustees Date -I~yorl ~i-t~ of Iow-a Cit~,, Iowa Date humanrel\unions\afscme\libagt doc CHESTER J. CULVER ~ HOOVER BUILDING, 2ND FLOOR Iowa SECRETARY OF STATE ~ DES MOINE8, IOWA 50319 October 16, 2002 MARIAN K. KARR CITY OF IOWA CITY 410 EAST WASHINGTON ST. IOWA CITY, IA 52240-1826 RE: Filing of 28E Agreement between the CITY OF IOWA CITY, IOWA and the JOHNSON COUNTY, IOWA Dear MS KARR We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of October 16, 2002, Sincerely, Chester J Culver Secretary of State CJC/db Enclosures TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 02-356 RESOLUTION AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PROVISION OF ANIMAL CONTROL SERVICES. WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercisable by a public agency of this state may be exercised jointly with any other agency of this state having such power; WHEREAS, the City of Iowa City and Johnson County recognize a need to provide adequate animal control services to the citizens of the City of Iowa City and Johnson County; WHEREAS, the City of Iowa City and Johnson County have negotiated the terms of a 28E Agreement for the Provision of Animal Control Services, a copy of said Agreement is attached, marked Exhibit A, and incorporated herein; WHEREAS, the Johnson County Board of Supervisors has approved said Agreement; WHEREAS, the Animal Care and Adoption Center Advisory Board has approved said Agreement; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The 28E Agreement for the Provision of Animal Control Services, which is attached as Exhibit A, is hereby approved. The Mayor and City Clerk are authorized and directed to execute and attest, respectively, said Agreement. The City Clerk is directed to file said Agreement in the offices of the Secretary of State and the Johnson County Recorder as provided in Chapter 28 of the Iowa Code. Passed and approved this 8t.h day of 0cl:obe~- ,2002. Apprpv. e.d by CITY-CLERK City Attorney's Office It was moved by 0'Donnell and seconded by £hamp~nn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X' Kanner X - Lehman ~( O'Donnell X Pfab X Vanderhoef X Wilbum sue~Ord&ResW~ateRes.doc 28E AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND THE CITY OF IOWA CITY, IOWA FOR THE PROVISION OF ANIMAL CONTROL SERVICES THIS AGREEMENT is entered into pursuant to Chapter 28E, Iowa Code (2001) by Johnson County, Iowa (hereafter "County') and the City of Iowa City, Iowa (hereafter "City"). WHEREAS City provides animal control services; and WHEREAS City is willing to extend services to the County on a limited basis; and WHEREAS fees for services and personnel costs for those services are itemized on the fee schedule attached hereto as Exhibit A; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, County and City agree as follows: 1. Pickup Service. Iowa City Animal Services Division will pick up, transport to the Iowa City-Coralville Animal Care and Adoption Center and temporarily house animals designated by the County Public Health or Sheriff's Departments, at the request of either department, and provide services related to the animals, as follows: A. Animal Bites: With respect to known animal bites, where an animal can not be quarantined at the owner's address the City agrees to pickup and maintain animals involved in biting incidents for a period of 10 day quarantine. The owner of said animals must reclaim said animal within 24 hours of end of quarantine. If animals remain unclaimed they may be disposed of in a manner deemed appropriate by the City Manager or his/her designee. B. Welfare: With respect to animals that may be impounded under Chapter 717 of the Code of Iowa, the City agrees to pick up and maintain animals at an appropriate facility pending charges or relinquishment by the owner. The County is responsible for filing and following through with all charges. County agrees to file charges promptly to avoid long term housing of animals. C. Vicious Animals: When animals are attacking or molesting people or other animals in a way that is deemed dangerous to the health and safety of the public and are not simply chronic problems of stray animals roaming causing no other specific danger, the City agrees to assist the County with the impoundment of said animals under City guidelines. -2- 2. County requests for service will be pursuant to State or City law. 3. City will perform services pursuant to State or City law and City's standard procedures. . 4. Consideration for services: City will invoice County on a quarterly basis for all services rendered including general intake of stray animals from the Johnson County area. The County will pay for services within 30 days of receipt of invoice. 5. Personnel costs are billable on an hourly basis for animal pickups, in addition to the pickup service fee; for other services personnel costs are included in the service fee. Without formal amendment to this agreement City may bill for personnel costs related to pickups to reflect animal control personnel wage adjustments subsequent to this agreement in collective bargaining agreements. In that event an amended fee schedule shall be furnished by City with reference to such collective bargaining agreement. 6. At Animal Services discretion, City will respond to County requests for service within a reasonable time frame, as available personnel permits. City will respond first to requests for service concerning animals within City's limits. The City reserves the right to decline any specific request for service based on staffing or facility constraints or the need for service. 7. In picking up an animal, City may determine that safety requires that more than one animal control officer be deployed. 8. At City request, County will provide, at the location of a pickup, a County representative who can exercise within unincorporated Johnson County the authority pursuant to which the animal is being picked up. In some cases a warrant may be necessary. County agrees to obtain a warrant when necessary prior to City being requested for service. 9. The Iowa City Animal Control Supervisor will administer this agreement and the services provided under this agreement. It shall be understood between the County and the City that this agreement is not intended for general animal control services in the County area, but rather for extreme cases where the County finds it has no other alternative action that can be taken. This does not include the payment for County stray animals brought into the Animal Center. -3- 10, Notice by City to County is effective by ordinary mail addressed to: Johnson County Board of Supervisors, 913 South Dubuque Street, Iowa City, Iowa 52240 Notice by County to City is effective by ordinary mail addressed to: City Clerk, City of Iowa City, Civic Center, 410 East Washington Street, I~wa ' City, Iowa 52240~ 11. This agreement is effective when it is filed with the Secretary of State and recorded with the County Recorder and shall remain in effect until June 30, 2003, and from year to year thereafter, until modified or cancelled by joint agreement of the Johnson County Board of Supervisors and the Iowa City City Council. In addition, either party may terminate this agreement by 30 days written notice. 12. This agreement shall be recorded in the Johnson County Recorder's Office and Secretary of State's Office as required by Section 28E.8, Iowa Code [2001]. Executed with the approval and on behalf of the Johnson County Board of Supervisors and the Iowa City City Council this 8th day of October ,2002. JOHNSON COUNTY C'.lTY Of IOWa CITY Carol Thompson, Cha'~rperso~ "Ernest W. Lehman, Mayor Johnson County Board of Supervisors City of Iowa City Approved by:---~--~~-I-~-~--'--°-;~ City Attorney's Office EXHIBIT A FEE SCHEDULE [County/City 28E Agreement for Animal Control Services] SERVICE PER ANIMAL - - General fee for strays $ 100.00 (when brought in by County) Pick up animal [facility open] $ 15.00 Pick up animal [facility closed] $ 20.00 Tranquilize animal $ 10.00 Quarantine animal 10 days $ 100.00 [for restricted or prohibited animals, $200.00] Quarantine animal longer than 10 days $100.00 + $10.00 for each day after tenth day (for restricted or prohibited animals, $20.00 for each day after tenth day] Euthanize animal $ 20.00 Dispose of euthanized animal $ 15.00 Prepare specimen for testing/ transport tolab $ 20.00 PERSONNEL COST PER PICKUP On duty officer pay $ 13.00 to $16.75 per hour Off-duty officer pay* $ 19.50 to $25.15 per hour On duty supervisor hourly pay $ 26.45 per hour Off-dutysupervisor hourly pay* $ 39.65 per hour A restricted or prohibited animal Is defined by Ordinance 97-3793 of the City of Iowa City * Off duty Animal Services Officer or supervisor responding to request for service is paid a minimum of two hours at prescribed off duty rate, City does not guarantee off duty response, There Is no pickup or personnel fee for receiving an animal transported by the County Health, Sheriff's Department or County citizens to the facility when it is open, General fee for strays will apply in these cases, Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A CHAPTER AGREEMENT BETWEE~L, THE CITY OF IOWA CITY AND JOHNSON FOR THE PROVISlON'~)F ANIMAL CONTROL SERVICES. WHEREAS, Chs of the Code of Iowa provides that any by a public agency of this state exercised jointly with any other of this state having such power; WHEREAS, the City of and Johnson County re~ nize a need to provide adequate animal control services to is of the City of Iowa ( and Johnson County; WHEREAS, the City of Iowa City Johnson COL have negotiated the terms of a 28E Agreement for the Provision Serv a copy of said Agreement is attached, marked Exhibit A, and inco~ WHEREAS, the Johnson County has approved said Agreement; WHEREAS, the Animal Control and Adopti( nter Board has approved said Agreement; and WHEREAS, it is in the interest to enter into said Agreement. NOW, THEREFORE, BE IT BY THE C~ COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: . ~ The 28E Agreement for the Provi,, ~ of Animal Control Serv~es, which is attached as Exhibit A, is hereby approved. / ~ The Mayor and City Clerk argZauthorized and directed to execut~and attest, respectively, said Agreement. / ~ / The City Clerk is directed,~ file said Agreement in the offices of the ~cretary of State and the Johnson County RecordFl' as provided in Chapter 28 of the Iowa Code. ~ Passed and app~~is day of ~x~2002. Approved by ATTEST: CITY CLERK City Attorney's Office Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 02-357 RESOLUTION TO REMOVE COUNCIL MEMBER STEVEN KANNER FROM THE JCCOG URBANIZED AREA POLICY BOARD DUE TO HIS FAILURE TO VOTE IN ACCORDANCE WITH FORMAL CITY COUNCIL POLICY. WHEREAS, on June 12, 2001, the City Council approved Resolution No. 01-169 which provides that failure of a Council member, who has been appointed to another organization or entity, to vote in accordance with formal City Council policy as established by motion, resolution or ordinance of the Council constitutes just cause for removal of said appointee; and WHEREAS, Council member Steven Kanner is a Council appointee to the Johnson County Council Of Governments Urbanized Area Policy Board (hereinafter "JCCOG Board"); and WHEREAS, at the JCCOG meeting of August 14, 2002 the JCCOG Board considered a motion (hereinafter "JCCOG motion") to amend the JCCOG arterial street plan from the plan adopted in July, 2000, (a copy of which is attached hereto as Exhibit "A" and incorporated herein) to a proposed plan that included several amendments (a copy of which is attached hereto as Exhibit "B" and incorporated herein). As shown on Exhibit "B" the proposed amendments included Camp Cardinal Road and the alignment of the south arterial between Gilbert Street and Scott Boulevard, both of which amendments were in accordance with formal policy of the Iowa City City Council, as detailed below; and WHEREAS, Council Member Kanner voted against the JCCOG Motion; and WHEREAS, on April 2, 2002, the City Council approved Resolution No. 02-134, which adopted a multi-year capital improvements program through fiscal year 2006 (a copy of said resolution is attached, marked Exhibit "C", and incorporated herein); and WHEREAS, Camp Cardinal Road is contained in the Capitol Improvements Program adopted by the City Council in Resolution No. 02-134; and WHEREAS, on May 21, 2002, the City Council approved Resolution No. 02-183 (a copy of said resolution is attached, marked Exhibit "D", and incorporated herein); and WHEREAS, Resolution No. 02-183 endorses the Memorandum of Understanding for the Clear Creek Master Plan and Camp Cardinal Road that provides for the extension of Camp Cardinal Road between Melrose Avenue in Iowa City and U.S. Highway 6 in Coralville; and WHEREAS, on April 16, 2002, the City Council approved Resolution No. 02-146 (a copy of said resolution is attached, marked Exhibit "E", and incorporated herein); and WHEREAS, Resolution No. 02-146 amends the Future Land Use Scenario Map of the South District Plan to realign the east-west arterial street between Gilbert Street and Scott Boulevard (hereinafter "the South Arterial"); and Resolution No. 02-357 Page 2 WHEREAS, Council Member Kanner's vote on the JCCOG Motion was not in accordance with formal City Council policy as established by Resolution Nos. 02-134, 02-183 and 02-146 and constitutes just cause for his removal from the JCCOG Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Good cause exists to remove Council Member Kanner from the JCCOG Urbanized Area Policy Board pursuant to Resolution No. 01-169 because: e) At the August 14, 2002 JCCOG Board meeting he voted against a motion to amend the JCCOG Arterial Street Plan to include the Camp Cardinal Road, which vote was not in accordance with Resolution Numbers 02-183 and 02-134; and b) At the August 14, 2002 JCCOG Board meeting he voted against a motion to amend the JCCOG Arterial Street Plan to realign the south arterial between Gilbert Street and Scott Boulevard which vote was not in accordance with Resolution Number 02-146. 2. Pursuant to Resolution No. 01-169, Council member Steven Kanner is removed from the JCCOG Urbanized Area Policy Board. 3. The City Clerk is directed to mail a copy of this resolution to Council Member Kanner by certified mail. 4. Council member Kanner, upon written request filed with the City Clerk within thirty (30) days of the date of mailing of a copy of this resolution, shall be granted a public hearing before the Council on all issues connected with his removal. The hearing shall be held within thirty (30) days of the date the request is filed, unless Council member Kanner reasonably requests a later date. Following the public hearing, the Council will either confirm its earlier decision of removal or reinstate Council member Kanner to the JCCOG Board. 5. If no hearing is requested by Council member Kanner, removal shall be effective 30 days affer the date on which a copy of the resolution is mailed to Council member Kanner. If a hearing is requested Council member Kanner shall remain on the JCCOG Board pending final resolution by City Council. Passed and approved this 8th day of October 20 02 roved b~.~/~ ATTEST: ~ City Attorney's Office It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll camm there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn $ ue/Ord&Res/ResP, emove.doc JCCOG ARTERIAL STREET PLAN Adopted July, 2000 Iowa City Urbanized Area Arterial-Expressway Street System pENN , PROPOSED AMENDMENTS JCCOG ARTERIAL STREET PLAN Adopted July, 2000 ' Iowa City Urbanized Area A~teriaI-Expres~way Strut Sysmm Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 31g-356-5053 RESOLUTION NO. 02-134 RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2003 THROUGH 2005 AND THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2006, 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 multi-year Capital Improvements Program budget; and WHEREAS, the three-year Financial Plan and multi-year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, a public hearing was held on February 19, 2002, at regularly scheduled City Council meetings 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 Coundl of the City of Iowa City does hereby adopt the three-year Finandal PJan for the Fiscal Years 2003 through 2005 and the multi-year Capital Improvements Program through Fiscal Year 2006. 2. This Resolution is an expression of the Council's legislative intent for planning future operation 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 Znd day z CIT'~CLERK City Attomey's Office R~uUon No. 02-134 ~ Page 2 Itwas moved by ~h~mo'ion and se .c~nded by O'l~onnell the Resolution be adopted, and upon mil call there were: - AYES: NAys: ABSENT: , X Champion X Kanner X Lehman X O'Donnell X Prab X Vanderhoef X Wilburn · Cepit l Improvement Projects Summary by Category - Ail Categories ~ ~1 Activity Project Name Prior Years 2002 2003 2004 2005 2006 Total · 2 - Streets 34470 1STAVE & COURT 240,000 732,844 · IMPROVEMENTS 34585 BENTON-ORCHARD/OAKNOLL 15,870 ~1 34765 BIENNIAL ASPHALT/CHIP SEAL 225,000 237,500 250,000 300,000 4,457,465 ~1 34760 BIENNIAL BRICK ST REPAIR 20,000 20,000 20,000 40,000 140,000 · 34770 BIENNIAL CONCRETE ST 135,000 150,000 601,142 MAINT. · 34915 CAMP CARDINAL ROAD 1,900,000 1,900,000 · 34755 CURB RAMPS - A.D.A, 100,000 100,000 725,543 34440 DODGE ST RECONSTR- 375,000 20,000 6,009,000 7,448,220 · 180/GOVERNOR · 34920 FIRST AVENUE EXTENDED 536,170 34950 FOSTER RD-DBQ/PRAIRIE DU 900,000 1,282,376 · CHIEN 34930 FOSTER RD-W OF DUB THRU 2,699,273 · ELKS · 34866 INTERSECTIoNFOSTER RD/DUBUQUE 1,000,000 1,000,000 · 34415 GILBERT ST CORRIDOR STUDY 89,082 · 34940 GILBERT ST. SOUTH 800,000 800,00~ · 34860 HWY 1/SUNSET- 93,960 INTERSECTION IMPR · 34610 HWY 6-VIDEO TRAFFIC SIGNAL 205,567 · 34740 IOWA AVE. STREETSCAPE- 1,787,406 PHASE 1 · 34730 IOWAAVE. STREETSCAPE- 2,684,464 PHASE 2 · 34815 KEOKUK ST RECONSTRUCTION · 34430 L MUSCATINE- · SPRUCE/DEFOREST 9172 LOWER WEST BRANCH RD 3,825,000 3,825,000 · RECON 34836 MORMON TREK RR OVERPASS 399,136 · · 9141 MORMON TREK-5TH LANE ABBEY LN TO MELROSE) '~ · 34845 MORMON TREK-ABBEY 3,377,076 LANE/HWY 1 · 34990 MORMON TREK-HWY 1/HWY 2,600,000 2,000,000 2,933,000 7,766,764 921 · 34835 MORMON TREK-MELROSE/IAIS 3,861,159 RR · 34837 MORMON TREK- 243,000 · OVERPASS/CLEAR CK 34460 N DUBUQUE ST MEDIAN 35,706 · IMPROV. · 34750 OVERWIDTHpAviNG/SiDEWALKS 40,000 40,000 40,000 40,000 205,810 · 34850 RIVER ST PAVING 3,781,926 34991 RR CROSSINGS-CITY WiDE 48,600 26,000 28,000 30,000 247,032 · 34410 S GILBERT ST IMPROVEMENTS 10,091 · 34981 SCOTT BLVD-ACT DR- E ACT 2,045,920 - 147 - Prepared by Karin Franklin, PCD, 410 E. Washington St, Iowa City, IA 52240, (319)356-5232 RESOLUTION NO. 02-183 RESOLUTION ENDORSING THE CLEAR CREEK MASTER PLAN MEMORANDUM OF UNDERSTANDING. WHEREAS, Southgate Development Company has approached the City of Iowa City and the City of CoraNille with a proposal for the reconstruction and extension of Camp Cardinal Road from Coralville to Melrose Avenue in Iowa City to facilitate a development concept for an area which will ovedap the jurisdictions of each city; and WHEREAS, the Clear Creek Master Plan is a development concept including residential and commercial development on approximately 462 acres north of Melrose Avenue, east of Highway 218, and south of Clear Creek; and WHEREAS, the eventual development of this area will require actions on the part of Iowa City and Coralville for the Severance and annexation of land, the approval of extensions of sewer and water, and the zoning and platting of land; and WHEREAS, this development proposal also includes the financial participation of Iowa City and Coralville, and Southcjate Development Company in the reconstTuction, realignment, and extension of Camp Cardinal Road and Deer Creek Road; and WHEREAS, the Iowa City Planning and Zoning Commission recommended endorsement of the Clear Creek Master Plan at their April 18, 2002 meeting by a vote of 6-0, finding the land use proposal with the projected densities to be acceptable in concept. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Memorandum of Understanding for the Clear Creek Master Plan and Camp Cardinal Road dated December 21, 2001, be endorsed. Passed and approved this 21st;~dayof~0..~ MAYOR Approved by ATTEST: ~%~'~-~, h Deput~' C~RK pl;x~dlrVes~ean:mek ,doc Resolution No 02-183 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: }( Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X WIIbum Memorandum of Understanding Clear Creek Master Plan and Camp Cardinal Road SouthGate c~ o, ~owa c~ CORA LV ILL[ OFFICIAL SUBMITTAL December 2I, 2001 200328-0 tEXHIBtT~ .~- MEMORANDUM OF UNDERSTANDING RE: Clear Creek Master Plan and Camp Cardinal Road DATE: December 21,2001 FROM: $outhgatc D~vclopmcnt Company TO: City of Iowa City, IA City of Coralville, lA Johnson County Board of Supervisors The purpose of this memorandum is to establish an agr~nnent to the Master Plan dcvclopment of approximately 462 acres of land referred to as "Clear Creek". The land currently lies in the City of Iowa City and in part, Johnson County. In the future, the land will be impacted by an existing Chapter 28E of the Code of Iowa (1999) agreement that will Iransfer a portion of the land to the City of Coralville jurisdiction. It is understood that the specific zoning of the property is subject to the actions of the city councils oftbe municipalities, following duc process. The contc~ts of this agreement are as follows: -- Conte~ Attachments I. Master Plan Overview .................................. A. Vidnity Map B. Master Plan II. Land Usc Concept A. Configuration B. I~msity III. Transportation System A. Roadways ........................................... C. Typical Sections B. Pedestrian/Bike Facilities IV. Utilities A. Sanitary Sewer ......................................D. Sanitary Sewer Map B. Water Service .......................................E. Watex Distribution Map C. Storm Water Management ........................ F. Storm Water Management D. Utilities along the East/West Commercial Map Collector V. Infrastructure Design Standards VI. Plan Review Procedure 200328-0 Memorandum of Understanding Clear Creek Master Plan and Camp Cardinal Road December 21, 2001 Page 2 Contents Attachments VII. Camp Cardinal Road Extension/Realignment A. Overview ............................................. G. Typical Section B. Preliminary Cost Opinion ........................ H. Preliminary Cost Opinion C. Assessment Methodology D. Funding Methodology ............................... I. Funding Strategy E. Schedule ............................................J. Schedule F. Roadway Concept Plan ........................... IC Camp Cardinal Road Alignment (Preliminary) 200328-0 Memorandum o f Understanding ~~ Master Plan and Camp Cardinal Road LPAGE ~ Clear Creek December 21, 2001 ~-- Pagc 3 I. MASTER PLAN OVERVIEW With a location proximate to US 218 north/south (Avenue of the Saints) and US Interstate 80 east/west, this project site has good access to and from other population centers and amenities in thc region. Further, Melrose Avenue to University of Iowa Hospitals and Clinics, the University of Iowa and downtown Iowa City enhances the site's strategic location. These institutions have historically provided significant growth. Other local destinations are West High School '/: mile east and Coral Ridge Mail ~ mile north, (Attachment A) Southgate Development seeks to establish a vision for the land that allows for logical and planned development in a context that responds to the intrinsic qualities of the site. The Master Plan (Attachment B) has been created by first evaluating the following criteria: A. Iowa City and Coralville planning documents and ordinances B. Topography, mapping and on-site investigations C. Existing infrastructure, i.e. utilities and transportation D. Natural features, i.e. soils, vegetation and drainage E. Public benefit The Master Plan illustrates land use and transportation in a general sense. This general description will allow conformance to both Coraiville and Iowa City's ordinances and standards. II. LAND USE CONCEPT A. Configuration- The concept of the development is to locate nonresidential, i.e. commercial, office and retail, at major intersections and along higher volume traffic routes. The southwest facing slopes adjacent to Highway 218 represent a good location for office park/research type uses and could provide a good image along the "technology corridor" (loosely defined as the corridor along U.S. Highway 218 between Iowa City and Cedar Rapids) and buffer residential uses at the interior of the site. Multi- family residantial such as apartments and high-ris~ condominiums would be used in the transition to single family residentiai use. The single-family size of lot would increase, transitioning to the existing larger lots along Kennedy Parkway to the east of the site. Commercial y, onveniences and services for the neighborhoods would be provided at the octabout which is further defined later. 200328-0 Memorandum of Understanding Clear Creek Master Plan and Camp Cardinal Road Der. ember 21, 2001 Page 4 B. Density - Based on the intrinsic characteristics of the wooded slopes and drainageways that so distinctly define this site, it is to the public benefit to work to preserve these qualities. In order to maintain significant areas that will not be disturbed and yet achieve development densities that will be economically viable, Southgate Development would like to create a "conservation-type" development. This would mean the development would be looked at as a whole, including the sensitive areas. The total units or square footage would be tallied based on that assumption. The density of the actual developed areas would be higher but would be supported by larger interconnected open spaces. This would make initial and long-term infi'astrueture costs affordable and sustainable. This concept will reduce the "urban sprawl" impact of large lot residential development. This particular landscape is suited to denser housing and commercial development combined with large areas of public open space and amenities. This is similar to the downtown and University landscapes. Southgate Development requests that this project be considered in its entirety and consider an "average" density of eight residential units per acre of total development. Based on a total of 462 acres, indicated by the Master Plan, this project would be 3,696 dwelling units if it were all developed as residential use. The acreage of any of the idantified 110 acres of commercial use would be deducted from the overall total. Southgate Development also intends to cap the maximum allowable dwelling units/acre in any subdivision to 20 units per acre. The commercial use could include, but.would not be limited to, an office/research park, retail and other allowable commercial uses and would be subject to the zoning decisions of the respective communities. IIL TRANSPORTATION SYSTEM A. Roadways - The proposed roadway system is illustrated on the Master Plan (Attachment B). Typical cross sections that further define the roadway design are found as Attaelaments C 14. These primary roadway alignments have been chosen to minimize disruption to areas with steep slopes and timber. The proposed extansion/realignment of Camp Cardinal Road will become the primary connection from Melrose Avenue in Iowa City north to U.S. Highway 6 in C0ralville until Highway 965 extension is constructed. Deer Creek Road from the north would tee into the new Cutup Cardinal Road. New access to the Nagel property and the remaining portion of old Camp Cardinal Road (to be renamed) would be realigned by moving the access point south to provide lane taper distance to the Clear Creek bridge. 200328-0 Memorandum of Understanding Clear Cre~k Master Plan and Camp Cardinal Road Dccember 21, 2001 · - Page 5 Southgate Development would begin development of the Master Plan area with the construction of Camp Cardinal extension/realignment. The octabout (commercial collector) near the center of the project will be the retail center for the project and will provide conveniene~ shopping and services for the neighborhood. The octagonally aligned access mad to these establishments will be set back about 500 feet from the main intersection. This will allow traffic to flow freely, choosing the path of least resistance and right tums. B. Pedestrian/Bike Facilities--Sidewalks will be provided as indicated on the typical eross sections (Attachment C 1-4). In addition, the Master Plan indicates several primary gre~mways intended to provide safe access to the proposed school site and connect to other community trail systems. IV. UTILITIES Sanitary sewer and water main extensions to serve the master plan area would occur at the future Camp Cardinal Road r.o.w, from Coralville north and Iowa City south. It is Southgate Development's expectation that the cities would extend these services to the development. This includes the cities use of -- condemnation power to acquire easements when all other means have been tried. A. Sanitary Sewer- The sewer sheds, probable peak flows and connection points are illustrated on Attachment D. The development can be served entirely by gravity to the respective jurisdictions. Tap on fees or other costs normally associated with development projects would be paid in a standard B. Water~erviee - Proposed water main routes and connection points are indigted on Attachment E. Southgate Development may construct the 12" water main along Camp Cardinal Road with the construction of the roadway. Attachment E also illustrates the limits of Southgate Development property that can be served by extending the existing water service in the area. The area is limited to that which can provide minimum fire flow requirements. These limits represent the initial phases of the master plan development. Southgate Development requests the cities initiate a study to determine future water distribution needs. This study should address future ne~ls on thc higher elevation portions oft. he master plan area and other needs in the region. The proposed 12" water main along Camp Cardinal Road could be constructed with a gate valve separating the cities water supplies. The provision to open the valve during fire events or other emergencies will benefit both cities. 200328-0 M~norandum of Under standing Clem' Cr~k M~t~r PI~ ~d C~p C~din~ Ro~ Dec~b~ 21,2001 Page 6 C. Storm Water M~agem~t- Sou~gato D~elopm~t MI1 ~te a d~i~ ~d ~ns~cfion o~c ~at ~ks to l~it ~off bom ~e dowlop~ ~ of th~ site. ~ey will mi~iz~ ~e use of ~nv~ pi~ ~d dgvelop t~ques to k~p sto~ wat~ ~ clo~ to ~e ~ ~ ~ssiblg i.e. flumes, ~sy swM~ ~d infil~fion b~ins wh~e soils ~t. bre~ at ~e ddg~ b~ j~i~io~ will aHow for s~ate ~d distinct · ainage ~ea calculations. ~eh~ b~ some discus~on ~d R is possible, ~ ~e pond indi~tM at ~e ~ ~d of ~ prop~ ~t provide storago for some offsit~ ~offp~fmg ~ou~ ~ site. ~o~s~ sto~wat~ dm~tion ~ ~ ~oulafions ~ ~olM~ ~ A~t F. Sto~ wat~ s~te~ will be divid~ on ~o ~t-w~t ~fion ~e same ~ wat~ ~d s~r. ~e approximate b~n s~ge vol~ sho~ on A~c~i F w~ ~lcula~ to d~t~ ~e diff~ in volume b~ ~e flve-ye~ und~elop~ sto~ ~d the 100-~ develop~ sto~ evmts. ~e ~noff ~m ~e develop~ sto~ ev~t w~ ~lat~ b~ u~n ~e p~s~ l~d ~. U~i~es ~long the ~s~ Commer~ Co~ior- Sou~gate Develo~t do~ ~t w~t to ~o~de s~ sew~ ~d water se~ce ~ong bo~ ~e no~ (Co~lle) ~d sou& (iowa Ci~) sides of~e ~w~t ~al ~]l~or ~u~ o~a~ut (~e~i~ limit 1~0. ~fore 1o~ ~n~g ~m ~e c~t~ of ~e ~bout ~t ~ll be ~ct~ Iowa City s~t~ ~d ~m ~e ~nt~ ~ ~ p~ of~e Co~lle syst~. Snow plow~g ~d ~ne m~t~ of~e ~t-west ~e~on wo~d diMd~ like ~e u~li~ ~. V. ~F~S~UCTURg ~ESIGN ST~A~S A. Sou~ga~ D~elo~t ~11 utilize ~e ~t develo~t ~d~ds in eff~t at the ~me of~e developm~t for ~e j~icfion ~ w~ch a p~s~ d~elopm~t li~. ~. PL~ ~W ~ROC~D~ A. Southgate Developm~t ~11 u~lize ~e c~t pl~ renew p~s ~ eff~ at · e ~e of ~e d~elopm~t for ~e j~&ction ~ which a p~pos~ developm~t lies. VII. CAMP CA~ RO~ E~NSION~IG~T A. ~e~iew - As indicat~ on ~he ~t~ PI~ (A~c~t B ~d illus~t~ on At~chm~l K), it is ~os~ ~ ~e pfim~ ~tion of 200328-0 Memorandum of Understanding ~ Clear Creek Master Plan and Camp Cardinal Road December 21, 2001 Page 7 Melrose Avenue on the south to U.S. Highway 6 to the north could best be accomplished with a through alignment ora portion of Deer Creek Road on the south and a realignment of Camp Cardinal Road. The realignment will minimize disturbance to sensitive areas; particularly on the north part of the site. Heavy track traffic on the existing segment of Deer Creek Road would be routed onto proposed Camp Cardinal Road at a tee intersection. The Iowa City segment of the proposed Camp Cardinal Road alignment could take advantage of the existing compacted roadbed. The typical urban section is as indicated in Attachment 13. B. Preliminary Cost Opinion - A preliminary cost opinion is provided as Attachment H. C. Assessment Methodology - It is the expectation of Southgate Development that Camp Cardinal Road will be constructed as a joint municipal project and that an assigned portion (70%) of the enst of Segment B would be assessed to Southgate Development. The Cities of Iowa City and Coralville each would provide local participation at 15% of the project cost of Segment B. Traffic forecasts furnished by the Johnson County Council of Governments show 10-14,000 vehicles per day for the short-term (1 O-year) and 13-17,000 vehicles per day for tho long-range (20-year) scenario. The 15% participation was selected because it represents less than the 20% participation typically used in a federal aid project and collectively allocates 30% of the cost of Segment B to the two cities in recognition of the significunt through Waffle component for this roadway extension. For comparison purposes, the 30% local participation is slightly Jess than the City of Coralville's standard participation for arterial streets, i.e. paving beyond 31' in width. The City of Iowa City would pay the actual cost of improvements south of Southgate Development property (Segment A) and the City of Coralville would pay for the improvements north of Southgato Development property (Segment C). D. Funding Methodology - It is proposed that this project be treated as a single public improvement project with the City of Coralville m,~surning the lead agency role. At the project completion, Southgate Development would be assessed the agreed upon amount outlined in Attachment I. Actual construction ensts for the individual line items will be applied to the established spreadsheet formulas. Attachments H & I have been developed based on the following assumpfious: .- * At-cost interim firmaeing rates are applied to the project costs, ,, Project cost is credited for reimbursement of sales/use tax. 200328-0 Memorandum of Understanding [PAGE----~ Cie. ar Creek Master Plan and Camp Cardinal Road ~ Decombor 21,2001 Page 8 · Actual long-term assessment bond rates are applied to the interest rate for the Southgate Development share of the project. · I.,e, ad agency receives assessment project administration allowance. · The optional 10% Default and Deficiency sum commonly associated with assessment projects will not be included in the project costs. · Southgate Development agrees to waive any agricultural deferment on the assessment project. E. Schedule - A proposed preliminary schedule for the design and construction of Camp Cardinal Road is outlined on Attachment J. F. Roadway Concept Plan - The preliminary concept plan for the roadway extension is shown on Attacbanent K. 200328-0 TO 11~ UI~13~TY OF J. IOWA O~,l~J6 AND ~'1~ THE UI~I~mlY OF IOWA I I ~//~ A'rrAOHMENT A CLEAR CREEK MASTER P~N IOWA C~ & CO~L~ IOWA ~ ERY / / ~$.~,H~¥ CLEAR CREEK MASTER PLAN ~.~^,~,,,c~.~ ~,~ A~ACHMENT C ~L, ~IL,~IL sanitary sewer concept Clear Creek Master Plan Iowa ~"it~ & Core.lie, iowa ATTACHMENT ~I~; , ,~ ,,,,,,,,,,, ,, , , ,,,,,,, ,, ................ ? l~-~ I · ~ :.'. ' ~; A~ACHMENT F 'M ;- ' ' Clear Creek Master Plan ~ ~,~- ,' ,~' MINOR ARTERIAL ALTERNATIVE - URBAN TWO-LANF (PROPOSED IOWA CITY SEGMENT A) SHIvE,HATTER¥ ~.~..~,~.~ CLEAR CREEK MASTER PLAN PRELIMINARY CO~T OPINION MEMORANDUM OF UNDEBSTANDING FUNDING STRATEGY CAMP CARDINAL ROAD December 21, 2001 TOTAL PROJECT COST $6,739,100 A. City of Iowa City Portion Project Segment A Cost (Attachment H) $1,146,000 Local Participation (15% of Segment B) $800,160 Total City of Iowa CRy Portion $1,946,160 B. Southgate Development Company Portion ._ Project Segment C Cost (Attachment H) $5,334,400 Credit Local Participation (A and C) -$1,600,320 Total Southgate Development Company Portion $3,734,080 (Special Assessment) C. City of Coralville Portion Project Segment Cost (Attachment H) $258,700 Local Participation ( 15% of Segment B) $800,160 Total City of Coralville Portion $1,058,860 Proposed Schedule for Camp Cardinal Road 2001 2002 2003 Attachment J %~,~oo~ "~ I " EXHIBi~ CAMP CARDINAL ROAD DIVIDED TWO LANE A'FrACHMEN'r K Prepared by: Kamn Howard, Associate Planner, 410 E. Washington S([., Iowa City, IA 52240 (319) 35~,525t RESOLUTION NO. 02-146 RESOLUTION AMENDING THE COMPREHENSIVE PLAN, SPECIFICALLY THE SOUTH DISTRICT PLAN, TO DEPICT THE GENERAL LOCATION OF AN EAST-WEST ARTERIAL STREET, WHICH WILL CONNECT SOUTH GILBERT STREET TO ScoTr BOULEVARD. WHEREAS, the Iowa City Comprehensive Plan, consisting of specific Distdct components, serves as a land-use planning guide by outlining the location of particular land uses throughout the City, and also provides notification to the public regarding intended uses of land; and WHEREAS, the Comprehensive Plan, and specifically the South District Plan, should be amended to reflect the future location of significant public infrastructure such as future arterial streets; and WHEREAS, the Planning and Zoning Commission has reviewed the location of the proposed east-west arterial street and has recommended the amendment of the Comprehensive Plan, specifically the South District Plan and its Future Land Use Scenario, to reflect the location of the proposed east-west arterial street; and WHEREAS, the location shown on the map has several advantages over other alignment options, including that it is more centrally located and shorter than other proposed routes and therefore will better serve the traffic needs of the entire district, define future neighborhood boundaries, prevent neighborhood cut-through traffic, eliminate an unnecessary arterial street intersection at Gilbert Street and the south leg of Sycamore Street at Sand Road, and will be less costly to build and maintain; and WHEREAS, the central location of the east-west arterial street supports the desired land use development pattern envisioned in the South District Plan, including development of a neighborhood commercial area in the location envisioned in the South District Plan and development of a more complete neighborhood to the south of the arterial; WHEREAS, references in the South District Plan to long range plans for an arterial street connection between Highway 218 and Sand Road should be clarified to indicate that if a second river crossing is built in the long term future to make the above- referenced connection it should be located in a manner that is sensitive to the existing arterial street network in the South District, existing neighborhood boundaries, and to · sensitive environmental features. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA, THAT: The Future Land Use Scenario map of the South District Plan is hereby amended to reflect the conceptual alignment of a centrally located east-west arterial street between Gilbert Street and Scott Boulevard as shown on the attached map; the conceptual alignment of the"future east-west parkway" is deleted from Exhibit A of the South District Plan; and the text of the South Distdct Plan is hereby amended as follows: Page 9: Replace the first paragraph under Streets/Roads with the following text: Gilbert Street (Sand Road), Sycamore Street and Highway 6 are the principle streets that currently serve the South Districl. These arterial streets serve as neighborhood edges, and provide the framework for development in the South District. Segments of these streets need to be upgraded to city design standards, and an east-west arterial street or parkway should be constructed between Gilbert Street and Scott Boulevard in the general location shown on the Future Land Use Scenario updated In February of 2002. Long-range plans show this arterial street extending to the west and crossing the Iowa River to Mesquakle Park and connecting to Mormon Trek Boulevard as it is extended across the South Central District. A modified grid of collector and local streets are envisioned to complete the necessary street network. Page 10: Add the following guideline for Streets/Roads: [3 Design the east-west arterial street in a manner that avoids to the extent possible sensitive environmental features of the land and important archeological sites. These are described more fully in Appendix A. Appendix A, page 2, Replace the fourth paragraph under River Corridor Area with the following text: The City's adopted arterial street plan proposes an arterial connection from Highway 218 to the South side of the City in its long range, 20-30 year forecast. This connection would provide an alternative for traffic on Highway 6, which is expected to have capacity problems in the future. Due to the planned alignment of the east-west artedal street that will connect across the river to Mormon Trek Boulevard, it Is likely that any future connection to Highway 218 will cross the river further south and outside the current South Distdct boundary. Any future river crossing south of the centrally located east-west arterial street shown on the South District Land Use Scenario, should be located in a manner that is sensitive to existing neighborhoods, the South District's arterial street network, and environmentally sensitive features of the land, Passed and approved this ~, 16th day ~. A'I-I'EST: ~ Approved by: City Attorney's Office EXHIBIT~ PAGE ~ South District Future Land Use Scenario BY CERTIFIED MAIL'RETURN RECEIPT REQUESTED October 9, 2002 Steven Kanner, Council Member 630 S. Governor St, #1 Iowa City, IA 52240 Dear Steven, Pursuant to Resolution 01~169 enclosed you will find a copy of "RESOLUTION TO REMOVE COUNCIL MEMBER STEVEN KANNER FROM THE JCCOG URBANIZED AREA POLICY BOARD DUE TO HIS FAILURE TO VOTE IN ACCORDANCE WITH FORMAL CITY COUNCIL POLICY". Sincerely, K. Karr City Clerk ,=a ~o~t~ $1,75 ~ Total Postage & Fees $ $9.30 10109/2002 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319} 356 5009 · Complete items 1, 2, and 3, Also complete A. Signature item 4 if Restricted Delivery is desired. %~¢..4,~ ~4444,03.,.--~ i-1 Agent · Print your name and address on the reverse X ,w [] Addressee SO that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery · Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1 ? [] Yes 1. Article Addressed to: If YES. enter delivery address below: [] No )1 ~ ;~ / 3. Service Type ,.~Certified Mail [] Express Mail ~ ,~ ~ c,~..Z~) [] Registered [] Return Receipt for Merchandise ~ Cz: ~ [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ Yes 2. Article Number PS Form 381 1, August 2001 Dorn~ti¢ Return Receipt t0259S-0~-M-2S09