HomeMy WebLinkAbout1988-09-20 ResolutionRESOLUTION NO. 88-194
RESOLUTION TO ISSUE CICn1RITTE PE DiITS
WHEREAS, the following firms and persons have made application
and paid the mulct tax required by law for the sale of cigarettes and
cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the
applications be granted and the City Clerk be and he/she is hereby
directed to issue a permit to the following named persons and firms to
sell cigarette papers and cigarettes:
The Wig and Pen
Kwik -Shop #567
It was moved by Courtneyand seconded by Horowitz
that the Resolution as read e adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco X
Balmer X
Courtney X
Horowitz R
Larson X
McDonald X
Passed and approved this 20th day of September , 1988
,nor
Attest: a4w„�
City'Clerk
1
RESOLUTION NO. 88-195
RESOLUTION ACCEPTING THE WORK FOR
THE SANITARY SEWER, STORM SEWER, AND PAVING IMPROVEMENTS FOR
FIRST AND ROCHESTER, PART THREE
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 (except the section of sewer proposed to be located
adjacent to the west side of lot 92 and the southwest corner of lot 93)
and storm sewer improvements for First and Rochester, Part Three, as
constructed by Weber Brothers Construction Co. of Mechanicsville, Iowa.
Paving improvements for First and Rochester, Part Three, as constructed by
Metro Pavers, Inc. of Iowa City, Iowa.
AND WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that
said improvements be accepted by the City of Iowa City.
It was moved byCourtney and seconded by Ilorowitz
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X
BALMER
X
COURTNEY
X
HOROWITZ
X
LARSON
X
McDONALD
Passed and approved this 20th day of September, 1988.
ATTEST: //(aw..s,,� X• X�tnJ
CITY CLERK
nrrrcvvbnu Ha iv rvmv
31- 9 ts- 86'
Legarl Department
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CITY OF IOWA CITY
CWIC CENTER 410 E, WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
ENGINEER'S REPORT
September 14, 1988
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below has been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of
Iowa City. The required maintenance bond is on file in the City
Clerk's office.
Sanitary sewer (except the section of sewer proposed to
be located adjacent to the west side of lot 92 and the
southwest corner of lot 93) and storm sewer improve-
ments for First and Rochester, Part Three, as
constructed by Weber Brothers Construction Co. of
Mechanicsville, Iowa.
Paving improvements for First and Rochester, Part
Three, as constructed by Metro Pavers, Inc. of Iowa
City, Iowa.
I hereby recommend that the above -referenced improvements be
accepted by the City of Iowa City.
Rei ctful sj itted,
Frank K. Farmer, P.E.
City Engineer
RESOLUTION NO. 88-196
RESOLUTION ACCEPTING THE WORK FOR
PAVING IMPROVEMENTS FOR A PORTION OF WALDEN ROAD IN WALDEN WOOD, PART 2
WHEREAS, the Engineering Division has certified that the following
improvements have been completed in accordance with the plans and specifications
of the City of Iowa City:
Concrete paving of a portion of Walden Road in Walden Wood, Part 2
as constructed by Metro Pavers, Inc. of Iowa City, Iowa.
AND WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that
said improvements be accepted by the City of Iowa City.
It was moved by Courtney and seconded by Horowitz
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BALMER
X
COURTNEY
X
HOROWITZ
X
LARSON
X
McDONALD
Passed and approved this 20th day of September, 1988.
�j., MAYOR
ATTEST: ///dw..+�.e� 7i. 7{'innJ
CrTT�Y CLERK
APPROVED AS TO FORM
g 9 , d r
Legal
1
Depar me t
j CITY OF IOWA CITY
I
CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
ENGINEER'S REPORT
September 14, 1988
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below has been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of
Iowa City. The required maintenance bond is on file in the City
Clerk's office.
Concrete paving of a portion of Walden Road in Walden
Wood, Part 2 as constructed by Metro Pavers, Inc. of
Iowa City, Iowa.
I hereby recommend that the above -referenced improvements be
accepted by the City of Iowa City.
Rppectful s fitted,
Frank K. Farmer, P.E.
City Engineer
i
RESOLUTION NO. 88-197
RESOLUTION ACCEPTING THE WORK FOR
THE SANITARY SEWER, STORM SEWER, PAVING AND STORM INTAKE
IMPROVEMENTS FOR HUNTERS RUN PART FOUR
WHEREAS, the Engineering Division has certified that the following
improvements have been completed in accordance with the plans and specifications
of the City of Iowa City:
Sanitary sewer and storm sewer improvements for Hunters Run Part Four
as constructed by Jeffrey L. Maxwell Construction Co. of Iowa City,
Iowa.
Paving and storm intake improvements for Hunters Run Part Four as
constructed by Metro Pavers, Inc. of Iowa City, Iowa.
AND WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that
said improvements be accepted by the City of Iowa City.
It was moved by Courtney and seconded by Horowitz
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X
BALMER
X
COURTNEY
X
HOROWITZ
X
LARSON
X
McDONALD
Passed and approved this 20th day of September, 1988.
!f�
MAYOR
APPROVED AS TO FORM
ATTEST:�jIQ„,�.> 7�i q /a' J`
CITY CLERK
Legal Department
i
CITY OF
CHIC CENTER 410 E. WASHINGTON ST.
September 14, 1988
OWA CITY
IOWA CfiY, IOWA 52240 (319) 356-500D
ENGINEER'S REPORT
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below has been completed in substantia' accordance with the plans
and specifications of the Engineering Division of the City of
Iowa City. The required maintenance bond is on file in the City
Clerk's office.
Sanitary sewer and storm sewer improvements for Hunters
Run Part Four as constructed by Jeffrey L. Maxwell
Construction Co. of Iowa City, Iowa.
Paving and storm intake improvements for Hunters Run
Part Four as constructed by Metro Pavers, Inc. of Iowa
City, Iowa.
I hereby recommend that the above -referenced improvements be
accepted by the City of Iowa City.
R ectfu11 sub. tted,
Frank K. Farmer, P.E.
City Engineer
RESOLUTION NO. 88-198
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
FOR OVERWIDTH PAVING
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with
Hunters Run Development Company, a copy of said agreement being attached to this
Resolution and by this reference made a part hereof, and,
WHEREAS, the City Council deems it in the public interest to enter into said
agreement with Hunters Run Development Company for overwidth pavement on Duck
Creek Drive in Hunters Run Subdivision Part Four, in Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the agreement with Hunters Run Development Company.
2. That the City Clerk shall furnish copies of said agreement to any
citizen requesting same.
It was moved by Courtney and seconded by Iiorowitz
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Larson
X McDonald
Passed and approved this 20th day of September, 1988.
C15Y CLERK
APPROVED AS TO FORM
R R
Legal Department
/�3
AGREEMENT
WHEREAS, Hunters Run Development Company is the Developer of Hunters Run
Subdivision, Part Four, an addition to the City of Iowa City, Iowa according to
the recorded Plat thereof, and
WHEREAS, the City Council and the Planning & Zoning Commission of Iowa City,
Iowa, have required, as a condition of the approval of said subdivision, that the
Developer shall improve Duck Creek Drive by paving said street 31 feet wide,
back-to-back of the curb, respectively, and
WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the
cost of said improvement which is in excess of 28 feet in width and said cost has
jbeen determined to be less than Ten Thousand Dollars ($10,000), and that no bids
are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa
City has determined that the cost of $15.55 per square yard not to exceed two
thousand three hundred dollars ($2,300) is a fair and reasonable price for the
cost of the additional pavement required.
IT IS THEREFORE AGREED, by and between the parties as follows:
1. That the Developer shall contract for the paving of said street and
jshall be responsible for seeing that it is paved, pursuant to the Ordinances,
rules, regulations and specifications of the City of Iowa City, Iowa.
2. That upon completion of the paving improvement and the acceptance of
the work and the street by the City of Iowa City, that the City of Iowa City
shall pay to the Developer, the sum of $15.55 per square yard not to exceed two
thousand three hundred dollars as full payment for its share of the improvement
in excess of the width of 28 feet.
3. It is understood and agreed by and between the parties that nothing
herein contained, nor shall the entering into of this agreement by the City of
Iowa City be deemed to constitute in any way a waiver of any of the Ordinances,
rules, regulations or specifications of the City of Iowa City, and the Developer
hereby agrees to comply with all Ordinances, rules, regulations. and
specifications of the City of Iowa City, and all of the laws of the State of
Iowa.
Dated at Iowa City, Iowa, this 20th day of September A.D., 1988
CITY OF IOWA CITY, IOWA
By: '+
ayor
9
RESOLUTION NO. 88-199
RESOLUTION APPROVING THE FINAL PLAT OF SAMUEL DRIVE ADDITION, A
SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the contract purchaser, Merlin Hamm, has filed with the City
Clerk of Iowa City, Iowa, an application for approval of the final plat of
Samuel Drive Addition, a subdivision of Iowa City in Johnson County, Iowa,
which is legally described as follows:
A portion of the Northeast quarter of Section 3, Township 79
North, Range 6 West, of the 5th Principal Meridian, Iowa City,
Iowa, as described in Warranty Deed recorded in Book 329 - Page
380, Johnson County Recorder's Office more particularly
described as follows:
Beginning at a pipe found in the NW Corner of Lot 34, Whiting
Addition, Part 3, as shown in Plat Book 4 - Page 411; thence
S8037'00"E, 143.92 feet to a pipe found at the SW Corner of Lot
35 of said Whiting Addition, Part 3; thence 510017'07"E, 50.61
feet (platted S10 13'E, 50.73 feet) to a pipe found at the NW
Corner of Lot 36, said Whiting Addition, Part 3; thence
S03710611E, 180.33 feet along the westerly lines of Lots 36 and
37 extended southerly to a 5/8" rebar found on the north line of
the realty described in Warranty Deed recorded in Book 566 -
Page 100; thence N88033120"W, 72.00 feet along said north line
to a 5/8" rebar found at the NE Corner of the realty described
in Warranty Deed recorded in Book 544 - Page 148; thence
N87019130"W, 104.17 feet to a pipe found at the NE Corner of a
parcel recorded in Plat Book 4 - Page 300; thence N62015'30"W,
181.00 feet along the north line of said parcel to a 5/8" rebar;
thence N35004'37"E, 322.00 feet to a 5/7" rebar; thence
N81023100"E, 120.00 feet to the Point of Beginning. Said Samuel
Drive Addition contains 1.94 acres.
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed final plat and have recom-
mended approval of same; and
WHEREAS, the final plat has been examined by the Planning & Zoning
Commission and after due deliberation the Commission has recommended that
it be accepted and approved; and
WHEREAS, the final plat is found to conform with all of the requirements
of the City Ordinances of the City of Iowa City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the final plat of Samuel Drive Addition is hereby approved.
2. That the Mayor and City Clerk of the City of Iowa City, are hereby
authorized and directed to execute any legal documents relating to
said subdivision and to certify the approval of this resolution,
which shall be affixed to the final plat after passage and approval
by law.
Resolution No. 88-199
Page 2
It was moved by Balmer and seconded by Horowitz the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Larson
X McDonald
Passed and approved this 20th day of September 1988.
AYOR
Approved as to Form
ATTEST: ?IV
CITY -CLERK Leg Department
i
�y13
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Barry Beagle
Item: S-8821. Samuel Drive Addition. Date: September 1, 1988
GENERAL INFORMATION:
Applicant: Merlin Ha
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
Applicable regulations:
Limitation Periods:
SPECIAL INFORMATION:
Public utilities:
Public services:
Transportation:
I
1
521 Whiting Avenue
Iowa City, Iowa 52240
Phone: 351-3664
Final plat approval.
To establish a five -lot
residential subdivision.
West of Oaklawn Avenue via Samuel
Drive extended.
1.94 acres.
Residential; 2-8 DU/A.
Vacant; RS -5.
North - Vacant; RS -5.
South - Residential; RS -5.
East - Residential; RS -5.
West - Vacant and Shimek School;
RS -5 and P, respectively.
Provisions of the Subdivision
Regulations and Zoning Ordinance.
45 -day: September 5, 1988.
i
60 -day: September 19, 1988.
Adequate municipal water and sewer
service is available.
Municipal police and fire
protection, including sanitation
service, are available.
Vehicular access will be provided
by the improvement and extension
of Samuel Drive west of Oaklawn
Avenue.
/7 /3
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Topography: The site is located on a heavily
wooded upper side slope with
grades ranging from 9% to 40%.
ANALYSIS:
The applicant seeks approval of a final plat to establish a 1.94 acre,
five -lot residential subdivision known as Samuel Drive Addition.
Preliminary plat approval for the five -lot subdivision was granted by the
City Council on May 3, 1988, subject to waiving the requirement for
sidewalks on Samuel Drive. Sidewalks were waived on this non -through
street since only five homes would be served, it would threaten the
survival of existing mature trees on the south side of Samuel Drive, and
would place an inequitable burden on the two abutting property owners to
the north and south of Samuel Drive to maintain the sidewalk. In
recommending the plat to City Council on April 21, 1988, the Commission
also recommended the applicant seek Board of Adjustment approval to reduce
the front yard setback for each of the five lots to minimize the loss of
vegetation on the site and control erosion.
The applicant has made a request to the Board of Adjustment for a special
exception to reduce the required front yard setback for each of the five
lots to a uniform 20 feet. At the request of the applicant, the
application has been continued to the September 14, 1988, meeting to allow
the Commission time to complete its review of the final plat. The
applicant may request the Board of Adjustment defer his request until the
final plat is adopted.
The final plat is in substantial compliance with the approved preliminary
plat with the exception of slight external boundary changes. The extent
of change, however, is not a significant deviation from the subdivision
boundaries or lot configuration shown on the approved preliminary plat.
For the subdivision, stormwater management is not required since the
development is less than two acres in size. The applicant has, however,
provided for the controlled runoff and outlet of stormwater collected from
Samuel Drive. During construction of the street, a hay bale silt fence
will be erected around the hammerhead to control erosion and collect
sediment. Once the street is completed, stormwater runoff will be
collected in a storm sewer inlet at the end of the hammerhead and
transported by a 12" storm sewer to the bottom of the ravine. A permanent
rock silting fence will be erected at the base of the storm sewer to
dissipate the flow of stormwater and collect sediment.
Legal papers have been submitted and are currently under review by staff.
The construction plans and specifications have been submitted and approved
by the Public Works Department.
STAFF RECOMMENDATION:
Staff recommends that the final plat for Samuel Drive Addition be
deferred, but, upon resolution of the deficiencies and discrepancies
listed below, that the plat be approved.
/7/.3
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DEFICIENCIES AND DISCREPANCIES:
1. Approval of legal papers as to form.
2. Include a note with the certification by utilities which reads:
"Utility easements as shown hereon may or may not include sanitary
sewer lines, and/or storm sewer lines, and/or water lines; see
construction plans for details."
ATTACHMENTS:
1. Location Map.
2. Final Plat - Samuel Driv Acffil'�
Approved by:
Don ld Schmeiser, Director
Department of Planning & Program Development
/`7
i
To:
June 19, 1988
1411 Daklawn Ave.
Iowa City, IA 52240
CcE1vrm
RR"M
22 1�o,,
Mr. Tom Scott, Chairman
Iowa City Planning & Zoning Commission P.P.D. DEPARTMENT
c/o Barry Beagle, Associate Planner
410 E. Washington St.,
Iowa City, Iowa
and the various other members of the P & Z commmission, the Board of
Adjustment, and the Iowa City City Council
Dear sirs/madams:
In this letter we are making known our concerns about the
proposed Samuel Drive Subdivision and our request that the pending
Special Exception be denied. On separate sheets we have submitted
the signatures of at least 70 neighbors who agree with us, i.e.,
they are opposed to the special exception and the subdivision
construction.
1) This subdivision will create too much congestion in too small an
area. It will be like an apartment complex, and completely out of
harmony with the setting of the lovely wooded ravine environment.
The plan is totally unacceptable to us and our neighbors. According
to the city zoning ordinance Sec. 36-7 (a) Low Density
Single Family Residential Zone RS -5, development within this zone is
expected to have a neighborhood orientation, and compatibility of
development within this zone shall be encouraged and designed to be
in character with the scale and pattern of the residential
development (surrounding). Sec. 36-1 clearly points out that the
purpose of the chapter is to promote order, protect the value of
property throughout the city and encourage the appropriate use of
land, to lessen congestion in the streets, to prevent the
overcrowding of land, and to avoid undue concentration of
population. The plan submitted by the developer is not in keeping
with the intent of the zoning ordinance because the homes would be
clustered so close together. In fact the plan is very similar to
the apartment complex the owner tried to build here 17 years ago.
2) The special exception.requested will have the front of the
properties only 20 feet from the proposed hammerhead turn -around
designed by a private engineering company to accomodate their client
1
/Z1/3
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because there is little or no room for a cul-de-sac on the steep
hill. Since one half or more of the front yards of these homes will
be concrete (driveways and walkways) it is questionable if the plan
meets the minimum front yard requirement (Sec. 36-58 (3)(b)(2) that
states, "For detached single family dwellings in the F zones, one
(1) of the required parking spaces may be provided in the front yard
on a regularly constructed aisle provided that not less than 50
percent of the front yard area shall remain in open space free of
impervious surface." In other words they won't have a front yard to
speak of. They will just have an expanse of concrete centered
around the hammerhead.
3) This construction if approved will put concrete on three sides of
the two homes bordering the proposed new street. To this we
strenuously object.
4) This development if allowed will require cutting down at least 20
semi -mature natural hardwood trees - walnut, Oak, hickory, ash, and
elm -.8 to 18 inches in diameter and 40 to 65 feet high, and at
least 35 more that are 4 to 6 inches in diameter and 25 to 35 feet
high. In our opinion this is an outright and foolish rape of
nature. We made a personal count of these trees and plotted them on
a preliminary map where the homes are planned. The use of heavy
excavation machinery on the fragile soil of the ravine slope as
planned and resultant deforestation will cause rampant erosion.
5) The soil of the tract is Fayette silt loam (loess) that has 25 to
40 percent slopes below the flatter portion. The Fayette soil is
moderately permeable and surface runoff is rapid. Available water
capacity is high and the hazard of erosion is severe. The slopes
erode easily, even grassed waterways erode easily. Homes built on
these slopes or adjacent to them can expect problems with cracked
foundations from settling. These ravine slopes are not good places
to build. The risk of future problems is great and repairs will be
expensive.
6) The city Planning department deferred the original hearing before
the Board of Adjustment on June 8 because they wanted more
information to assess environmental damage this subdivision might
do. The developer claims he will do less damage if the homes are
set only 20 feet back from the front of the lots. That is highly
doubtful because the majority of the large valuable trees are on the
flat portion of the tract rather than on the slope. In our opinion
this request was made to make construction feasible to less
difficult, and less costly. The location of a subdivision here is
not wise, not only to prevent environmental damage but also because
of the danger of structural failure and settlement.
7) Will this subdivision be able to meet the requirement of
offstreet parking? Assuming most families now have two cars (some
have 3 or 4) and various other vehicles for transportation, whether
2
1 �
for work or pleasure, such as campers, boats and trailers and
jmotorcycles, where will they park^ They do not have access to their
rear- yards and the side yards are too narrow. The likely scenario
is that they will park along Samuel Drive. This 150 -foot long
street will become- the equivalent of a parking lot. And since it is
� only a short e:;L•ension off Daklawn Avenue, the police won't bother
to ticket anyone who leaves their vehicle there for as long as they
want. This is going to be one of the biggest and most persistent
annoyances and problems, if this subdivision is allowed. There just
isn't enough room for the proposed 5 homes and their cars and
various other forms of transportation.
8) We also feel this subdivision is not in compliance with Chapter
36-41 (a) (12) Special Exceptions, in that it will endanger our
safety and comfort and general welfare because of the congestion it
will cause, the cars parked along two sides of our rear yards, and
because of delivery problems (e.g. large tri-rcks, moving vans, and
Also city street snowplows). If permitted the subdivision most
assuredly will diminish our enjoyment of our homes and peace of
mind. It will also lower our property value because a quiet,
private, and beautiful rearyard environment such as we have is hard
to find. This will also effect our immediate neighbors Hrachtel,
Vitosh, Tucker, Duffy, Sloan, Dunham, Canney, Corlette, and Kerr.
This subdivision will constitute an ugly invasion of the present
peaceful scene. All the surrounding homes have greater spacing and
privacy. The requirement for compatability of development within
the scale of the surrounding residences would be abrogated.
In summary, we believe the Iowa City Planning & Zoning
Commission, the Hoard of Adjustment, and the City Council are
composed of intelligent and reasonable citizens. We are confident
that you will understand this special exception request, indeed,
this entire subdivision, are not in the best interests, of our
neighborhood and should be denied. We do not think this planned
subdivision follows the intent of the zoning ordinance; it is
questionable if the variance meets the front yard requirement; we
question the legality of the hammerhead design which putts concrete
on three sides of us; the home construction will require removal of
an inordinate number of valuable trees which will greatly accelerate
erosion: and because the soil of the tract is highly erodible
loess -type soil, severe erosion is Anticipated by the combined
deforestation and e;:cavations. In short, we firmly believe the
evidence indicates this is not a suitable place for a subdivision As
planned.
Respectfully,
Paul and Claudia Horick
3
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MAY 31 1993
p.p.D. DEPARTMENT
May 29, 1988
To: Members of the Iowa City board of adjustment
Sirs/Madams:
We are writing concerning the special exemption requested by a
developer at the end of the proposed opening of Samuel Drive. This
request we respectfully ask to be denied. We believe this plan will
create too much congestion in too small an area to the harm of
residents in this neighborhood.
It will greatly increase the volume of traffic and create
--ever_ parking problems and generally diStUrb the quiet and
tranquillity of the neighborhood. In addition, we foresee possible
Sewer problems with blockage and backup in the lower Oaklawn Avenue
homes caused by the new T-junction line by this proposed cluster of
homes. The storm drainage leading into the ravine from Samuel Drive
and the largely concrete front yards may also cause severe erosion
problems over time.
We are not adverse to two or three homes being located here in
a plan that is more in harmony with the natural setting of the
lovely wooded ravine. The present plan is not acceptable in our
opinion. We believe it can be improved to benefit both the
owner/developer and the neighborhood.
Respectfully,
I
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May 29, 19SS
To: Members of the Iowa 'City Board of adjustment
Sirs/Madams:
We are writing concerning the special exemption requested by a
developer at the end of the proposed opening of Samuel Drive. This
request we respectfully ask to be denied. We believe this plan will
create too much congestion in too small an area to the harm of
residents in this neighborhood.
It will greatly increase the volume of traffic and create
severe parking problems and generally disturb the quiet and
tranquillity of the neighborhood. In addition, we foresee possible
sewer problems with blockage and backup in the lower oaklawn Avenue
homes caused by the new T-junction line by this proposed cluster of
homes. The storm drainage leading into the ravine from Samuel Drive
and the largely concrete front yards may also cause severe erosion
problems over time.
We are not adverse to two or three homes being located here in
a plan that is more in harmony with the natural setting of the -
lovely wooded ravine. The present plan is not acceptable in our
opinion. We believe it can be improved to benefit both the
owner/developer and the neighborhood.
Respectf ally,
1
/ZZ/ 2 .
City of Iowa City
MEMORANDUM =
DATE: September 1, 1988
TO : Planning and Zoning Commission
F R OM : Barry Beagle, Associate Planner
R E : Status of Development Items.
All deficiencies and discrepancies concerning the final plat
of Samuel Drive Addition (S-8821), amended preliminary and
final LSNRD plan for Sheller -Globe Corp. (S-8823), and amended
preliminary LSNRD plan for Nagle Lumber Co. (S-8828) have been
resolved.
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ONLY THE MOST SIGNIFICANT TREES ARE SHOWN ON THIS PLAT. THEY
RANGE IN DIAMETER FROM 5 TO 16 INCHES AND 40 TO 60 FEET HIGH.
THERE ARE HUNDREDS OF SMALL AND MEDIUM-SIZED TREES THAT ARE
NOT SHOWN HERE BECAUSE THE TASK IS TOO GREAT. IT WOULD REQUIRE
ROPING OFF PORTIONS OF THE ACREAGE TO MAKE A PRECISE COUNT.
ALSO, NO EFFORT WAS MADE TO PLOT THE SECONDARY GROWTH ON THE
STEEPER PART OF THE HILL WHERE IT IS A 30 TO 40 DEGREE SLOPE.
THE TASK IS JUST TOO DIFFICULT. THE FLOOR OF THE RAVINE IS ACTU-
ALLY A SMALL WETLAND NOW LARGELY OVERGROWN BY GRASSES.
THE SUBDIVISION AS PLANNED WILL REQUIRE REMOVAL OF AT LEAST
50 VALUABLE HARDWOOD TREES. IT WILL LEAVE A TERRIBLE SCAR ON THE
UPLAND AND RAVINE SLOPE AND ACCELERATE EROSION. THESE DENSE
WOODED TRACTS NEED TO BE PRESERVED AS SANCTUARIES FOR BIRDS AND
WILDLIFE AND FOR NUMEROUS OTHER ENVIRONMENTAL PURPOSES AND TO
MAINTAIN THE BEAUTY OF IOWA CITY.
PAUL & CLAUDIA HORICK
1411 Oaklawn Avenue
Iowa City, Iowa 52245
SEP 1 1988
P.P.D. DEPARTMENT
1'
'J
I
I
ONLY THE MOST SIGNIFICANT TREES ARE SHOWN ON THIS PLAT. THEY
RANGE IN DIAMETER FROM 5 TO 16 INCHES AND 40 TO 60 FEET HIGH.
THERE ARE HUNDREDS OF SMALL AND MEDIUM-SIZED TREES THAT ARE
NOT SHOWN HERE BECAUSE THE TASK IS TOO GREAT. IT WOULD REQUIRE
ROPING OFF PORTIONS OF THE ACREAGE TO MAKE A PRECISE COUNT.
ALSO, NO EFFORT WAS MADE TO PLOT THE SECONDARY GROWTH ON THE
STEEPER PART OF THE HILL WHERE IT IS A 30 TO 40 DEGREE SLOPE.
THE TASK IS JUST TOO DIFFICULT. THE FLOOR OF THE RAVINE IS ACTU-
ALLY A SMALL WETLAND NOW LARGELY OVERGROWN BY GRASSES.
THE SUBDIVISION AS PLANNED WILL REQUIRE REMOVAL OF AT LEAST
50 VALUABLE HARDWOOD TREES. IT WILL LEAVE A TERRIBLE SCAR ON THE
UPLAND AND RAVINE SLOPE AND ACCELERATE EROSION. THESE DENSE
WOODED TRACTS NEED TO BE PRESERVED AS SANCTUARIES FOR BIRDS AND
WILDLIFE AND FOR NUMEROUS OTHER ENVIRONMENTAL PURPOSES AND TO
MAINTAIN THE BEAUTY OF IOWA CITY.
PAUL & CLAUDIA HORICK
1411 Oaklawn Avenue
Iowa City, Iowa 52245
SEP 1 1988
P.P.D. DEPARTMENT
August 26, 1988
The Planning and Zoning Commission
Iowa City, Iowa
Dear Commissioners:
We urge you not to approve the proposed plat for the
five -lot residential subdivision known as Samuel Drive
Addition located west of Oalclawn Avenue.
In view of the extensive undeveloped land adjacent to
the proposed plat we see no reason to cluster five residences
in such a manner as to require a deviation from existing
zoning requirements.
The location of residences in the proposed plat will
be too close to each other and to existing residences on
Oaklawn Avenue.
The proposed plat does not provide for adequate
parking of vehicles, which will inevitably result in
congested parking on Oaklawn and Caroline Avenues.
Faithfully yours,
Stow Persons
l2LCLAVED
AUG 29 1988
P.P.D. DEPARTMENT
-:Dorothy Persons
1433 Oaklawn Avenue
Iowa City, IA 52245
1413
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(1) Five foot gully at south edge Photo's submitted by
Tucker
(3) Four foot gully at north
edge, below old dam
(2) Five foot gully at south edge
(4) Below lot at 1425 Oaklawn 1411_3
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Looking South in the edge of the woods �el Y
behind Brachtel's home upper part of
ravine begins slope to right(west)
6/88
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Looking South in the edge of the woods �el Y
behind Brachtel's home upper part of
ravine begins slope to right(west)
6/88
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Photo's by Paul Horick
View from the center of the proposed
hammerhead looking northwest into the
woods behind Horick's
6/88
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Looking north across Horick's rear yard
6/88
1
RESOLUTION NO. 88-200
FINAL LARGE
SCALEUT NON-RESIDENTIAL AMENDED
ELOPMENTREP AN AR
RFOR NDSHEL ER -GLOBE
CORPORATION, INC., FOR PROPERTY LOCATED AT 2500 HIGHWAY 6 EAST.
WHEREAS, the owner, Sheller -Globe Corporation, Inc., has filed with the
City Clerk of the City of Iowa City, an application for approval of an
amended preliminary and final Large Scale Non -Residential Development Plan
for property which is legally described as follows:
A tract of land containing 20.2 acres and located in the
northwest quarter of Section 24, Township 79 N, Range 6 West, of
the 5th Principal Meridian, more particularly described as
follows:
Commencing at the midpoint on the north line of the northwest
quarter of said Section 24, thence on an assumed bearing due
south 1,309.94 feet to the point of beginning; thence
N38 41 40 E, 414.37 feet; thence S51018'20"E 700.00 feet;
thence S38o41'40"W, 1,300.21 feet to the northerly right-of-way
of : U.S. Highway 6; thence N51020'00"W, along said right-of-
way line 164-26 feet; thence N2702610011W, along said right-of-
way line 125.34 feet; thence N52029140"W, along said right-of-
way line 21.12 feet; thence N51018'20"W, along said right-of-way
line 400 feet; thence N38041140"E, 835.63 feet to the Point of
Beginning.
WHEREAS, said Large Scale Non -Residential Development is for the
construction of a warehouse building; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department Scale Non -Residential e Development examined hplan eand d have ireicommended approval and final of
same; and
1 WHEREAS, the amended preliminary and final Large Scale Non -Residential
plan has examined by the Planning & Zoning Commission and after due
deliberation the Commission has recommended that it be accepted and
approved contingent upon compliance with the approved stormwater
management plans; and
WHEREAS, the amended preliminary and final Large Scale Non -Residential
Development Plan has been revised consistent with the approved stormwater
management plans; and
WHEREAS, the amended preliminary and final Large Scale Non -Residential
Development Plan is found to conform with all of the pertinent
requirements of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the amended preliminary and final Large Scale Non -Residential
t Development Plan for Sheller -Globe Corporation, Inc., is hereby
„11 approved.
F
r;
fl
144
N
Resolution No. 88-200
Page 2
2. That the City Clerk of the City of Iowa City, Iowa is hereby
authorized and directed to certify the approval of this resolution,
and of said plan after passage and approval by law; and the owner
shall record said plan at the office of the County Recorder of
Johnson County, Iowa, before the issuance of any building permit is
authorized.
It was moved by _ Cour�tne and seconded by Balmer the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
Balmer
— Courtney
—_ Horowitz
x_ Larson
x_ McDonald
Passed and approved this 20th day of September 1988.
YOR
// Approved as to Form
ATTEST: d..e ,J T • X� L✓ 1 g l nr
CITY LER Leg&1 DepartMeit
I,.
STAFF REPORT
To: Planning & Zoning Commission
Item: S-8823. Sheller -Globe Corp.
GENERAL INFORMATION:
Applicant: Abell -Howe Company on behalf of
Sheller -Globe Corporation
1114 Shaver Road N.E.
Cedar Rapids, IA 52402
Contact Person: Michael Novy
Phone: 364-0246
Approval of an amended prelimi-
nary and final LSNRD plan.
To permit expansion of the
present facility.
North of U.S. Highway 6 and
west of Industrial Park Road.
Approximately 20.2 acres.
Industrial; I-1.
North - Vacant; I-1.
South - Multi -Family Residen-
tial; RM -44.
East - Industrial; I-1.
West - Industrial; I-1.
Industrial.
June 14, 1988.
Waived.
Prepared by: Barry Beagle
Date: July 7, 1988
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
File date:
45 -day limitation period:
SPECIAL INFORMATION:
Public utilities:
Public services:
Transportation:
Municipal water and sewage i
disposal systems are presently
available.
Police and fire protection are i
available. Solid waste
disposal would be provided by a i
Private hauler.
The site is accessible from
Industrial Park Road via U.S.
Highway 6.
FA
Physical characteristics: The site is gently sloping,
draining to the east into an
existing on-site drainage
ditch.
ANALYSIS:
Sheller -Globe Corporation is requesting approval of an amended preliminary
and final Large Scale Non -Residential Development (LSNRD) plan to approve
a 24,000 square foot warehouse recently constructed on the site of their
present facility located at 2500 Highway 6 East. The warehouse is
intended to accommodate materials presently located in outside storage
areas. Sheller -Globe Corporation was first established on the 20.2 acre
site in 1964. On August 8, 1978, an LSNRD plan was approved for the site
to permit the construction of a warehouse addition. (See Attachment "A".)
According to the plan, approximately the northern 280 feet of the site was
designated as "Undeveloped." It is this area which includes the warehouse
and adjoining parking area that is designated as Phase II. Since the
warehouse expansion is an extension of the 1978 LSNRD plan, an amended
plan is required. The preliminary and final plan for Phase II is intended
to represent the area of the new warehouse and parking area, with the
balance of the site still governed by the 1978 plan. Following is an
evaluation of the amended plan's compliance with the general and specific
requirements of the Code of Ordinances_
1. Specific Requirements:
Zoning Compliance: Warehouses are a permitted use in the I-1,
General Industrial Zone. The proposed location and dimensions of the
warehouse are in compliance with the dimensional requirements of the
I-1 zong except for a few minor discrepancies. The layout and
configuration of the new parking area is in substantial compliance
with the off-street parking regulations, but one of the spaces should
not be identified as a parking space since a utility pole is located
within it. In addition, right-of-way trees are required since the
proposed building expansion in combination with previous additions
increases the total floor area by more than 10%. As a result,
right-of-way trees will be required based upon the site's entire
frontage. At a ratio of one tree for every 60 feet of lot frontage,
a total of 34 right-of-way trees are required, only 12 trees are
provided.
Stormwater Management: The 1978 LSNRD plan identified a "Proposed
4,000 cubic foot Water Retention Pond" adjacent to the west property
line. Upon recent inspection of the site, it does not appear that
the retention pond was completed. Submission of revised stormwater
management plans and calculations reflecting the proposed expansion
I is required, and on-site detention for the entire property should be
illustrated on the plan.
/0/i
3
Stormwater Management: The 1978 LSNRD plan identified a "Proposed
4,000 cubic foot Water Retention Pond" adjacent to the west property
line. Upon recent inspection of the site, it does not appear that
the retention pond was completed. Submission of revised stormwater
management plans and calculations reflecting the proposed expansion
is required, and on-site detention for the entire property should be
illustrated on the plan.
2. General Requirements:
Development Site Plan: The LSNRD regulations require the applicant
to submit a signed Statement of Intent describing the proposed
project, indicating a timetable for completion of construction, and
evidence of ownership. This information has not been submitted.
Since no public improvements or utility easements are either proposed
or affected, no legal documents are required, unless additional on-
site stormwater detention is required.
Economic Impact: Sheller -Globe Corporation estimates the value of the
proposed construction to be approximately $121,000. Based upon a current
City levy of $11.69523/$1,000 of assessed value, the proposed construction
would generate approximately $1,415 in annual taxes. The applicant does
not anticipate that the proposed warehouse building will require a need
for additional employees. The proposed addition will not require expan-
sion of the public services or utilities available to the site nor
diminish the City's ability to provide those services.
STAFF RECOMMENDATION:
Staff recommends that the amended preliminary and final LSNRD plan be
deferred, but that upon resolution of the deficiencies and discrepancies
listed below, the plan be approved.
DEFICIENCIES AND DISCREPANCIES:
I. Compliance with the right-of-way tree requirements.
2. Accurately identify and dimension existing and proposed stormwater
detention areas.
3. Submit stormwater management plans and calculations for the amended
area.
4. Resolve conflict with utility pole in the parking area.
5. Identify typical parking space width.
6. Clarify reference to parking along the north edge of the parking
area.
7. Note the number of additional parking spaces provided in legend.
8. Accurately dimension all buildings.
illa
i
4
9. Submission of a Statement of Intent describing the proposed project,
indicating the intended time schedule for completion, and providing
evidence of ownership.
10. Identify sewer line of Industrial Park Road and correct sanitary
sewer alignment shown along U.S. Highway 6.
ATTACHMENTS:
1. Location Map.
2. Preliminary and Final LSNRD Plan, Phase II.
3. Attachment A - 1978 LSNRD Plan.
Approved by:
Da1d chmeiser, Director
Depart
men of Planningg and
Program Development
NO
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a
City of Iowa City
MEMORANDUM
DATE : September 1, 1988
TO : Planning and Zoning Commission
FROM: Barry Beagle, Associace Planner
R E : Status of Development Items.
All deficiencies and discrepancies concerning the final plat
of Samuel Drive Addition (S-8821), amended preliminary and
final LSNRD plan for Sheller -Globe Corp. (S-8823), and amended
preliminary LSNRD plan for Nagle Lumber Co. (S-8828) have been
resolved.
/q,q-
c
}
City of Iowa City
MEMORANDUM
DATE: September 16, 1988
TO: City Council
FROM: Karin Franklin, Senior Planner
RE: Appointment to the Airport Zoning Commission
Rod Perry recently submitted his resignation for his position on the
Airport Zoning Commission. At the September 12, 1988, meeting of the
Planning and Zoning Commission, the Commission recommended that Don
Hebert replace Mr. Perry.
September 6, 1988
Rod Perry
3231 Lower West Branch Rd.
Iowa City, Iowa 52240
Administrative Offices
City Clerk — Marian Karr
410 E. Washington
Iowa City, Iowa 52240
Dear Marian
It has recently come to my attention, that my resignation
to the Planning and Zoning Commission did not include my
belonging to the joint City/County Airport Planning and Zoning
Commission.
With this letter I submit my resignation to this commission
also, so that someone more in touch with todays zoning issues
can be appointed.
Thank you for allowing me to serve on this commission.
Sincerely
Rod Perry
cc: Tom Scott
Chairman of Planning & Zoning Commission
RP/dlk
1988
MARIAN K. KARR
CITY CLERK (3)
��aa
RESOLUTION NO. 88-201
RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY ADDENDUM NO. I TO THE CHAPTER 28E
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE
UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE,
OCCUPANCY, MANAGEMENT AND OPERATION OF A PARKING
GARAGE AND CHILLED WATER FACILITY AND A WATER STORAGE
FACILITY.
WHEREAS, the City of Iowa City and the University of Iowa, by and through
the Iowa State Board of Regents, have heretofore entered into a Chapter
28E Agreement providing for the development, use, occupancy, management,
and operation of a University parking garage and chilled water facility
and a City water storage facility; and
WHEREAS, the estimated construction cost for all of said facilities was in
the amount of $3.9 million; and
WHEREAS, the low bid received by the Board of Regents for the construction
of said facilities was in the amount of $4.8 million, the acceptance of
which would result in a higher construction cost for both the City and the
University; and
WHEREAS, -the University' requested the City to formally indicate whether it
desire's .to proceed with the project despite the said increase in
construction costs; and
WHEREAS, it has been proposed that the City and University proceed with
the project despite said increase in construction cost, pursuant to the
terms of an Addendum to the Chapter 28E Agreement; and
WHEREAS, Addendum No. 1 to the said Chapter 28E Agreement has been
negotiated and prepared by City and University staff members, which
Addendum fixes the City's share of construction costs and modifies the
construction cost share formula set forth in said Agreement.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, that Addendum No. I to the Chapter 28E Agreement,
referenced in the preamble and attached hereto, be and the same is hereby
approved as to form and content.
AND, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are
hereby authorized and directed to execute and attest, respectively, the
said Addendum No. I to the Chapter 28E Agreement for and on behalf of the
City of Iowa City, Iowa.
It was moved by Larson and seconded by Courtney the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
x Courtney
x Balmer
x Horowitz
x Larson
x McDonald
Passed and approved this 20th day of September 1988.
R
Ap a t Form
ATTEST:p
CITY CLE Lega Department
ADDENDUM NO. 1
to
CHAPTER 28E AGREEMENT
Between the City of Iowa City
and
The University of Iowa
Providing for the Development, Use, Occupancy,
Management and Operation of a Parking Garage and
Chilled Water Facility and a Water Storage Facility.
Witnesseth:
WHEREAS, the City of Iowa City and the University of Iowa,
by and through the State Board of Regents, have heretofore
entered into a Chapter 28E agreement (hereinafter
"Agreement") providing for the development, use,
occupancy, management and operation of a University
parking garage and chilled water facility and a City water
storage facility; and
WHEREAS, the State Board of Regents has received bids
for the construction of the combined facility; and
WHEREAS, the Agreement refers to costs of construction
based on the architect's estimated costs prior to bid; and
WHEREAS, the University's and the City's actual
construction costs have now been determined; and
WHEREAS, the City's construction costs, as reflected
in the proposed contract awards, will exceed the
architect's estimated costs; and
WHEREAS, the parties hereby agree to a revision in
their share of the construction costs, thereby requiring a
modification to the Agreement as set forth below.
NOW, THEREFORE, the City and the University agree as
follows:
1. In Part II, section 6 - Calculation of City and
University Construction Cost Share Percentages - Payment
Schedule for City's Share of Construction Costs, the first
and second paragraphs are hereby deleted and the following
paragraphs are substituted in lieu thereof:
The City's construction cost share for the base
contracts (construction and shoring) shall be as follows:
/L446
N
i
2
Based on the proposed contract awards, the City's
share of construction costs is $571,000, exclusive of
any extra work orders pertaining to the water storage
facility.
The University's construction cost share for the
base contracts (construction and shoring) shall be as
follows:
The University's construction cost share for the base
contracts shall be the remaining construction costs
based on the proposed contract awards.
2. The last sentence of Part II, section 8, Change
rs to Construction Contract
are substituted in lieu thereof:
Any costs associated with change orders for the City
shall be paid in addition to payments made as per the
base contracts as set forth in paragraph 6
hereinabove. The City has committed $28,500 for the
payment of change orders.
IN WITNESS WHEREOF, the undersigned have caused this
Addendum No. 1 to be executed as of the day of
1988. —
THE OTY OF IOWA CITY, IOWA
By: /A�
/john McDonald, Mayor
Attest:
By: / . a4eA 'd 7P 7G�w e i
Marian K. Karr, City Clerk
STATE 0 F REGENT
By:
R. Wayn ich y
Execut a Secretary
Attest:
By
I
R
9
3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this PAth day of conramhrr before me,
r.; n n oii , a Notary Public in and for the State
of Iowa, personally appeared John McDonald and Marian K. Karr, to me
personally known, and who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, as contained in
(0ndmne)* (Resolution) No. 88-201 passed (the Resolution adopted)
by the City Council, under Roll Call No. _-__ of the City Council
on the 20th day of September , 19 88 and that John
McDonald and Marian K. Karr acknowledged the execution of the instrument
to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
C/ Vtm2 Rl�rl ne o
Notary Public in and for said County and State
THE IOWA STATE BOARD OF REGENTS
acting for and on behalf of
THE UNIVERSITY OF IOWA
By: /! (�
Exe ive 5 cretary
ATTEST:
By:
STATE OF IOWA )
) SS:
COUNTY )
(Board of Regents acknowledgement)
i4a4p
Acknowledgement of the State Board of Regents
State of Iowa )ss;
County of Polk
On this 16th day of February A.D., 1989,
before me the undersigned, a Notary Public in and for said
State, personally appeared R. Wayne Richey, Executive
Secretary of the State Board of Regents, known to me to be
the person who executed the foregoing instrument to which
this is attached and who acknowledged the execution of said
instrument to be a voluntary act and deed.
L& c. "
N ary Public In fnd for Said State
1 a i0
1�
t The University of Iowa nw Iowa City, Iowa 52242
UW
Director of Planning �' U
and Administrative Services
September 19, 1988
T0: Charles Schmadeke, qirector of Public Works, City of Iowa City
FROM: Richard E. Gibson
RE: North Campus Parking/Chilled Water Facility I t
Charles, as you know, it will be necessary to perform some redesign in
order to obtain a deductive change order to reduce the cost of the City's
water storage facility in the above referenced project. Inasmuch as the
project exceeded contractually stipulated amounts, it is the obligation of
the project architects to perform the necessary redesign to bring the
project back into a project cost acceptable to the owners. Therefore, you
will not receive any billing from Herbert Lewis Kruse Blunck for the cost
associated with the redesign of the water storage tank.
i
I
REG/es
c: M. Finnegan
R. Kruse
ADDENDUM NO. 1
to
CHAPTER 28E AGREEMENT
Between the City of Iowa City
and
The University of Iowa
Providing for the Development, Use, Occupancy,
Management and Operation of a Parking Garage and
Chilled Water Facility and a Water Storage Facility.
Witnesseth:
WHEREAS, the City of Iowa City and the University of Iowa,
by and through the State Board of Regents, have heretofore
entered into a Chapter 28E agreement (hereinafter
"Agreement") providing for the development, use,
occupancy, management and operation of a University
parking garage and chilled water facility and a City water
storage facility; and
WHEREAS, the State Board of Regents has received bids
for the construction of the combined facility; and
WHEREAS, the Agreement refers to costs of construction
based on the architect's estimated costs prior to bid; and
WHEREAS, the University's and the City's actual
construction costs have now been determined; and
WHEREAS, the City's construction costs, as reflected
in the proposed contract awards, will exceed the
architect's estimated costs; and
WHEREAS, the parties hereby agree to a revision in
their share of the construction costs, thereby requiring a
modification to the Agreement as set forth below.
NOW, THEREFORE, the City and the University agree as
follows:
1. In Part II, section 6 -
��1 .. ••o •,a u.. ...��u VVoi. czAa Ke rureenpag s - eq my ent
Schedule for Citv's Share of Construction Costs, the first
and second paragraphs are hereby deleted and the following
paragraphs are substituted in lieu thereof:
The City's construction cost share for the base
contracts (construction and shoringl shall be as follows:
!ED FROM 3193350000 09.2D.1900 I1i35 p, 2I�
9
2
Based on the proposed contract awards, the City's
share of construction costs is $571,000, exclusive of
any extra work orders pertaining to the water storage
facility.
The University's construction cost share for the
base contracts (construction and shoring) shall be as
follower
The University's construction cost share for the base
contracts shall be the remaining construction costs
based on the proposed contract awards.
2. The last sentence of Part II, section 8, Change
Orders to Construction Contract - Allocation of Costs
Between Citv and University, is hereby deleted and the
following two sentences are substituted in lieu thereof:
Any costs associated with change orders for the City
shall be paid in addition to payments made as per the
base contracts as set forth in paragraph 6
hereinabove. The City has committed $28,500 for the
payment of change orders.
IN WITNESS WHEREOF, the undersigned have caused this
Addendum No. 1 to be executed as of the day of
1988.
THE CITY OF IOWA CITY, IOWA
Bya
John McDonald, Mayor
Attest:
By.
Marian K. Karr, City Clerk
STATE BOARD OF REGENTS
Byr
R. Wayne Richey I
Executive Secretary
Attest;
By
RECEIVED FROM 3193330008 09.20. 1988 11:56 P. 3/L�i/^
ADDENDUM N0. 1
to
CHAPTER 28E AGREEMENT
Between the City of Iowa City
and
The University of Iowa
P oviding for the Development, Use, Occupancy,
Mana ement and Operation of a Parking Garage and
Ch ,,e
Water Facility and a Water Storage Facility
Witnesseth:
WHEREAS, the City of owa City and the Uni
the Iowa State Board of egents, have here
28E Agreement providing f r the developme
and operation of a Universi parking
and a City water storage facil'ty; and
Wr
%y of Iowa, by and through
e entered into a Chapter
use, occupancy, management,
e and chilled water facility
WHEREAS, the estimated constructio cost for all of said facilities was in
the amount of $3.9 million; and
WHEREAS, the low bid recei
of said facilities was
which would result in a hi
University; and
v by the Boa\dRegents for the construction
nn the amount8 million, the acceptance of
gher construcst for both the City and the
WHEREAS, the Univ rsity requested the City to formally indicate whether it
desires to proc ed with the project despite the said increase in construc-
tion costs; a d
WHEREAS, xne City and University have agreed to proceed with the project
despite /said increase in construction cost, but have also agreed to fix
the City's share of construction costs and to modify the construction cost
share formula set forth in said Agreement.
i' 2
r,
t
3 NOW, THEREFORE, the City and the University nereuy agree a> �•
t
F
1. The. ityand the University agree to proceed with the construction of
the cilities, despite the University's re 6ipt of a low bid in
excess o the project estimate.
2. The provisions of Part II, paragraphs 2 6 and 8 of the said Chapter
28E Agreement ar amended as follows:
(a) The City and the niversity agree that the City's cost share for
construction of the facil-ties shall be $571,000, subject only
to upward adjustment f not to exceed $28,550 (5%) for change
orders for contingences as per Part II, paragraph 8.
(b) The respective cos share prcentages for the City and the
University shall/b/e computed as ollows:
Iowa City's 0nstruction cost share ercentage = $571,000 plus
price, aft chi
contingent ie , if any, as per (a) ab e — the negotiated bid
change orders, to construct a 1 of the facilities.
The Univ rsity's construction cost share percentage = the
negotiat d bid price, after change orders, to construct the
parking arage and water storage facility =the negotiated bid
price, after change orders, to construct all of the facilities.
3
The parties agree that the calculation of their respective cost share
percentages shall occur after completion of the final accounting and
the City's final payment as per Part II, paragraph 11.
3. The University agrees to procure a redesign of the City's water
storage \veag
reduce the amount of concrete and steel required
for the ails,and to cause the water storag facility to be
built acaid redesign at the cost indi ted in paragraph 2
above. 'ty agrees that the City's design cost for the
water sti will not exceed the mount of $45,400 as set
forth i
par raph 2 of th Chapter 28E Agreement,
regardless of said redesign. The Uni ersity agrees that the water
storage facility will have the sam design capacity as per the
original design. I_
4. The provisions of this Adden um shall s ersede the provisions of
Part II, paragraphs 2, 6 and 8 of the Chapter E Agreement which are
inconsistent herewith.
i
THE CITY OF IOWA CIT,. IOWA
By:
John McDonald, Mayor
ATTEST: I
i
By:
Mariann K. Karr, City Clerk
(gppp D TO FORM
17A4 /Onr
LEGAL DEPARTMENT
4
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of19 before me,
a Notary Public in and for the State
of Iowa, personally appeared John McDonald and Marian K. Karr, to me
personally known, an who, being by me duly sworn, did say that they are
the Mayor and City lerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed o the foregoing instrume9t is the corporate seal of
the corporation, and t at the instrument was signed and sealed on behalf
of the corporation, by a thority of its City Council, as contained in
(Ordinance) (Resolution) No. Ossed (the Resolution adopted)
by the City Council, under Roll Call No. of the City Council
on the day of 19 and that John
McDonald and Marian K. Karr knowledge the execution of the instrument
to be their voluntary act ar deed the voluntary act and deed of the
corporation, by it voluntarily xecut d.
THE �OWA STATE BOARD OF REGENTS
acti., for and on behalf of
THE UNIVERSITY OF IOWA
By: _
ATTEST:
By:
STATE OF IOWA )
) SS:
COUNT )
(Board of Regents acknowledgement)
lyaro
a
SPCRBTARY or SrALTE
STATI-A wwS•:
$TATO: or IONA
Di,.s 3lni.is:;0319
ELAINE BA%TPR
Seca rrARY OF STATIC
Marian K. Karr, CMC
City Clerk
City of Iowa City
Civic Center
410 E. Washington St.
Iowa City[ IA 52240
July 20, 1989
51e-2281-e8a4
l RE: Agreement between the city of Iowa City[ Johnson County
and the University of Iowa for the development[ use,
occupancy, management and operation of a parking
garage and chilled water facility and a water storage
facility - Addendum #1
Deac Ms. Karr:
We have received the above described agreement(s) which
you submitted to this office for filing, pursuant to the
provisions of Chapter 28E[ 1989 Code of Iowa.
You may consider the same filed as of July 20[ 1989.
dial
ElElaine
eaxte
Secretary of State
V
EB/kl
(4;
i4av
i
RESOLUTION NO. 88-202
RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
COOPERATION AGREEMENT WITH ASSISTED HOUSING RISK MANAGEMENT ASSOCIATION
(AHRMA) RELATING TO GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY,
AND PROPERTY COVERAGES FOR THE IOWA CITY HOUSING AUTHORITY.
WHEREAS, the City of Iowa City (hereinafter called the "Local Authority")
has in effect with the Department of Housing and Urban Development Annual
Contributions Contracts No. KC9166 (Public Housing) and KC9033E and
KC9033V (Sec. 8); and
WHEREAS, these contracts require the Local Housing Authority to provide
certain insurance coverages; and
WHEREAS, participation in AHRMA is authorized by HUD and the State of
Iowa; and
WHEREAS, the Iowa Insurance Commission has approved AHRMA as an authorized
risk management association; and
WHEREAS, considerable time, effort and money can be saved by participation
in this group pooled self-insurance program; and
WHEREAS, the Local Housing Authority desires to become a member of AHRMA
and thereafter avail itself of the specific coverages provided by the
AHRMA program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY IN ITS CAPACITY AS THE IOWA CITY HOUSING AUTHORITY:
That the City Manager direct that an application for membership be
submitted to AHRMA; and
BE IT FURTHER RESOLVED:
That future budgets reflect sufficient dollars to pay the initial
reserve contribution and annual service charges.
Page 2
It was moved by Balmer and seconded by Horowitz the
Resolution be adopte , an upon roll call there were:
AYES: NAYS: ABSENT:
_x Ambrisco
�— Balmer
x Courtney
x— Horowitz
—x — Larson
—X— McDonald
Passed and approved this 20rh day of _ September , 1988.
ATTEST
Approved as to Form
k/i5 �1isrljy
Legal Department
i
City of Iowa City
MEMORANDUM
Date: September 15, 1988
To: City Manager
City Council
From: Lyle G. Seydel, Housing Coordinator,C/,
Re: Iowa City Housing Authority Insurance and Participation as a
Member of Assisted Housing Risk Management Association (AHRMA)
The Iowa City Housing Authority has several Annual Contribution Contracts
with the Department of Housing and Urban Development. Each require the
Housing Authority to provide for specific insurance coverage. Solicita-
tion for proposals is required on an annual basis. This is a costly and
time consuming process. Premiums have more than doubled in the past three
years and some Housing Authorities have been unable to obtain any
insurance.
AHRMA is a group of Housing Authorities in Illinois and Iowa that have
pooled resources and provides the insurance required by the Annual
Contributions Contracts. Current membership represents 57 PHAs with
25,300 units. This concept has been approved by HUD and the Inter-
governmental Cooperative Agreement with AHRMA has the approval of the Iowa
State Attorney and Insurance Commissioner. The Housing Commission and
staff recommend participation in AHRMA.
AHRMA will provide:
A. General liability for all Housing Authority operations. This
includes both Public Housing and Section 8 Existing.
B. Fire and extended coverage for the 62 units of Public Housing.
C. Public officials and employee liability insurance. This will include
the City Council, but only for their actions as the governing body of
the Housing Authority, the Housing Commission and the members of the
Assisted Housing Division.
AHRMA will not, at this time, provide for auto insurance, flood insurance,
or worker's compensation. These will continue to be included under the
City's policies.
s
2
The cost of insurance for FY87 was as follows:
Public Housing Only - Liability/Fire & Extended Coverage
was provided by State Farm $ 7,436.00
* Other Insurance under the City policies
Vouchers E 1,582.00
Certificates E 6,820.00
Total Insurance Paid $15,838.00
*These are the amounts charged back to the Section 8 Program and do
include liability for the Section 8 Operations, Workers Compensation, auto
insurance, public officials, etc.
Participation with AHRMA Group costs will be as follows:
$24.00 per unit Initial Reserve Contribution. (This will be reduced
to $23.00 per unit for the next two years. Thereafter no
reserve contributions are required.)
$70.00 per unit as premium. This may be adjusted on an annual basis
but cannot be increased by more than 25% of prior year cost.
$94 x 62 units = $5,828.00 First year
93 x 62 units = $5,766.00 Second year
93 x 62 units - $5,766.00 Third year
Considering the above, for Public Housing alone, there will be a savings
in excess of $1,600.00 the first year. This will increase each year
thereafter. Further, because of the broad coverage provided by AHRMA
Housing Authority operations need not be included in the City's insurance
coverage. This will reduce housing operation insurance costs in the
vicinity of $5,000.00 on an annual basis. (It may not reduce the premiums
for the City by that amount.)
It is therefore recommended that participation as a member of AHRMA be
pursued. There is an item on the Council Agenda authorizing the execution
of necessary documents.
tp3-6
/114oJ%
,
RESOLUTION NO. 88-203
RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR
FISCAL YEAR 1989 FOR THE CITY ATTORNEY
WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject '.
solely to the action of the City council referred to as unclassified t
personnel, and I
WHEREAS, it is necessary to establish salaries for the said unclassified
personnel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that the following position shall receive as salary compensation that
amount which is set forth in lieu of all other fees and compensation as
otherwise provided by law, and where said employee shall receive or
collect any fees or other compensation from others for services as such
employee, the same shall be paid to the City Treasury.
i
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
that the following salary is hereby established for the City Attorney
effective June 25, 1988:
City Attorney - 557,683.81 annually -
It was moved by Courtney and seconded by Horowitz the
Resolution be adopted, and upon roll call there were.
AYES: NAYS: ABSENT:
x Ambrisco
_ x Balmer
—x Courtney
x Horowitz
_X— Larson
x McDonald
Passed and approved this 20th day of September , 1988.
I'{I1JVtt
App a t Form
ATTEST:jea J ,(�
CITY CLERK Lega Department
City of Iowa City
MEMORANDUM
Date: September 12, 1988
To: Mayor John McDonald and City Councilmembers
From: Terrence L. Timmins, City Attorney
Re: Salary Adjustment for City Attorney
During my evaluation on June 25, 1988, the Council agreed that my salary
as City Attorney should be increased by 5%. In years past, the City has
paid my salary, and the premium on my whole life insurance policy
amounting to $607.36 annually. I recently changed life insurance carriers
and will now be paying the premium directly. Accordingly, I would request
that the City's past payment of my life insurance premium be included in
my base salary for purposes of computing my future compensation. My
compensation for the next year would then be computed as follows:
FY1988 Salary $54,329.60
Premium Contribution 607.36
Total Compensation $54,936.96
X 1.05
FY1989 Salary $57,683.81
A resolution setting my compensation for FY1989 in the amount of
$57,683.81 will appear on your next agenda.
bc5-3
RESOLUTION NO.
RESOLUTION APPROVING AND IMPLEMENTING A REORGANIZATION
PLAN FOR THE LEGAL DEPARTMENT.
WHEREAS, the City Attorney has proposed a plan to reorganize the Legal
Department, which plan involves the reassignment of duties within the
Department and the creation of a new entry level position of Assistant
City Attorney, and
WHEREAS, this City Council has been advised and does believe that said
reorganization is necessary to meet increased workload, to provide for
more efficient operation of the Legal Department, and to assure future
continuity within the Department.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, that the authorization of personnel for the Legal
Department be amended by:
1. The deletion of a full-time Assistant City Attorney I position;
2. The deletion of a full-time Assistant City Attorney II position;
3. The addition of a full-time Deputy City Attorney position;
4. The addition of a full-time Assistant City Attorney/Litigator
Position; and
S. The addition of a full-time Assistant City Attorney/Prosecutor
position.
ANDBE
T FURTHER ESOVED that
he ob
Positions, attached heretoLand made atpart hereof, areiherebytons oappro ednaew
s
to form and content.
AND, BE IT FURTHER RESOLVED that Richard Boyle be and is hereby appointed
to the position ofDeputy City Attorney and that he be remunerated in that
Position under the Executive Pay Plan at Grade H at an annual salary of
$43,195.78, retroactive to June 25, 1988.
AND, BE IT FURTHER RESOLVED that William J. Sueppel be and he is hereby
appointed to the position of Assistant City Attorney/Litigator within the
Legal Department with no change in his pay classification and grade.
AND, BE IT FURTHER RESOLVED that the City Attorney be and he is hereby
of an authorized and directed to commence the search process for the appointment
Attorney/prsecutor,latt n annual salary fill the ofs$18 000 to $19,00ition of 0 pertyeaCity
r.
2
It was moved by and seconded by
Resolution be adopted, and upon rol call there were:
AYES: NAYS: ABSENT:
Ambrisco
Courtney
Balmer
Horowitz
Larson
McDonald
Passed and approved this day of
1988.
MAYOR
App o a Form
ATTEST: l�ync..,
CITY CLERK Legal Department
the
/1149
DEPUTY CITY ATTORNEY
GENERAL STATEMENT OF RESPONSIBILITIES:
Under the general direction of the City Attorney, performs professional
and administrative legal work for the City; and functions as a legal
advisor to the City Council, City Manager, and department heads with
regard to legal authority of the City. Work is performed in accordance
with general policies of the Legal Department and the accepted standards
and practices of the legal profession.
AREAS OF ACCOUNTABILITY: AT THE REQUEST OF AND AS DIRECTED BY THE CITY
ATTORNEY, THE DEPUTY CITY ATTORNEY PERFORMS AS
FOLLOWS:
1. Provides advice and recommendations and renders oral and written
opinions to the City Manager, City Council, Mayor and department
heads.
A. Primary responsibility for providing legal advice and services
to the Planning and Zoning Commission and the Planning and
Program Development Department;
B. Performs specialized legal research at the direction of the City
Attorney on constitutional, planning, and land use issues;
C. Attends Council meetings and staff meetings for the purpose of
learning policies underlying official action and gives advice on
legal implications involved, including advice as to alternative
legal and administrative approaches to the solution of major
City problems;
D. Keeps informed of proposed State and Federal legislation
affecting the City government;
E. Keeps the City Attorney and appropriate management staff members
informed on important legal developments which may affect the
administration of City government;
F. Maintains current knowledge of innovative ideas and developments
and recommends changes in current operations and practices where
applicable;
G. Attends meetings of boards and commissions and acts as staff
liaison;
H. Prepares factual, clear, concise written reports with specific
recommendations.
2. Performs document drafting and review work for the City Council, City
administration, and City boards and commissions.
A. Draws legal documents, including contracts, leases, deeds,
easements, resolutions and ordinances;
9
B. Assists in the drafting and review of proposals and legal
documents developed and submitted by administrative staff
members;
C. Determines the legality of documents affecting or involving the
City and advises the City Council and/or City staff concerning
same.
3. Represents the City in all phases of civil litigation involving the
City:
A. Primary responsibility for litigation involving zoning and land
use issues;
B. Prepares pleadings and conducts and responds to discovery;
C. Interviews City staff members whose actions are involved or
whose knowledge is relevant;
D. Researches City's legal position;
E. Advises City staff and City Council on appropriate legal
strategies;
F. Negotiates favorable settlements with opposing parties and their
counsel;
G. Advises City staff and City Council of financial and policy
consequences of settlement or adverse judgment, and the
likelihood thereof;
H. Secures testimony of witnesses and experts, and tries case to
court or to jury;
I. Informs City staff and City Council of the outcome of all
trials, including recommendations for appeal or for settlement
where appropriate;
J. Takes action to enforce judgments favorable to City;
K. Maintains adequate and orderly files on all matters under
litigation;
L. Corresponds with and keeps City's insurer(s) informed of matters
under litigation where appropriate.
4. Provides assistance to the Assistant City Attorney/Litigator in tort
claim litigation involving zoning and land use issues.
5. Provides direction and assistance to the Assistant City
Attorney/Prosecutor in the prosecution of ordinance violations
involving zoning and land use issues.
6. Represents the City before boards, commissions, or administrative
agencies of the State and Federal governments:
/-1/z9
3
A. Represents the City Council, City administration, and/or
individual City departments before boards or commissions of the
State;
B. Participates in hearings and appeals before such boards,
commissions or agencies;
C. Advises the City Council and City staff concerning potential
outcomes and the financial and policy implications involved in
matters before such agencies, and concerning appropriate
strategy, including court appeals, to be followed on matters
before such boards, commissions, and agencies.
7. Courteously communicates with the public in responding to inquiries:
A. Provides information to the public with regard to City
ordinances and the laws of Iowa relating to cities;
B. Informs public with regard to the City's policy or position with
regard to such ordinances or such laws;
C. Gives advice to public where appropriate and if not contrary to
City's interests;
D. Refers public to appropriate City departments or staff for
further explanation of City policies or procedures;
E. Advises appropriate City administrative staff of complaints by
the public concerning City operations, policies, or personnel.
8. Miscellaneous:
A. Maintains adequate and orderly files on all matters before such
boards, commissions or agencies;
B. Assists in the supervision of non-professional staff of the
Legal Department;
C. Acts as City Attorney in the absence of the City Attorney;
D. Courteously communicates with the public and functions in a
public relations capacity on the City's behalf;
E. Pursues continuing professional legal education in appropriate
fields.
REQUIRED KNOWLEDGE. SKILLS AND ABILITIES: Good knowledge of judicial
procedures and rules of evidence; good knowledge of City ordinances,
State, Federal, and general municipal laws including accepted legal or
court interpretations; good knowledge of the organization, functions and
legal limitations on the authority of the various City departments; good
knowledge of the principles of civil law, particularly as they relate to
the ownership, acquisition and conveyance of real property, the conduct of
elections and the regulation of public utilities; good knowledge of the
principles of criminal law and the problems of criminal law enforcement,
procedure and evidence; good knowledge of what can be accomplished by
legal approaches, what must be done by administrative approaches and how
4
the two must be balanced to achieve the intent of City departments and to
Protect the public interest; ability to analyze, appraise, and organize
facts, evidence and precedents and to present such materials effectively,
orally
and
too opponents andtheprobabletc ursesmine the of action limits
of opponents inclable
ourtcases; ability to present and argue cases in court, dealing effectively
with unanticipated situations when these arise; ability to establish and
maintain effective relations with court officials, City officials and the
general public; ability to negotiate settlements; ability to observe and
train new attorneys in the research and preparation of municipal work and
in trial work; good judgment.
ACCEPTABLE EYDFRTFNrF AND TRAINING: Some experience as an attorney,
graduation from a recognized school of law, preferably with specialization
or emphasis on municipal law, and admission to the Iowa Bar; or any
equivalent combination of experience and training which provides the
required knowledge, skills and abilities.
ASSISTANT CITY ATTORNEY/LITIGATOR
GENERAL STATEMENT OF RESPONSIBILITIES:
Under the general direction of the City Attorney, performs professional
and administrative legal work for the City; and functions as a legal
advisor to the City Council, City Manager, and department heads with
regard to legal authority of the City. Work is performed in accordance
with general policies of the Legal Department and the accepted standards
and practices of the legal profession.
AREAS OF ACCOUNTABILITY: AT THE REOUEST OF AND AS DIRECTED BY THE CITY
ATTORNEY, AN ASSISTANT CITY ATTORNEY PERFORMS AS
FOLLOWS:
I. Provides advice and recommendations and renders oral and written
opinions to the City Manager, City Council, Mayor and department
heads.
A. Attends Council meetings staff meetings and meet.. f C'
, Ings o ity
Boards and Commissions as necessary in connection with
representation of the City in civil litigation;
B. Keeps informed of proposed State and Federal legislation
affecting the City government;
C. Keeps the City Attorney and appropriate management staff members
informed on important legal developments which may affect the
administration of City government;
D. Maintains current knowledge of innovative ideas and developments
and recommends changes in current operations and practices where
applicable;
E. Attends meetings of boards and commissions and acts as staff
liaison;
F. Prepares factual, clear, concise written reports with specific
recommendations;
G. Serves as an active member of management staff teams created to
deal with specific problems and issues when a legal perspective
is deemed desirable.
2. Performs document drafting and review work for the City Council, City
administration, and City boards and commissions.
A. Draws legal documents, including contracts, leases, deeds,
easements, resolutions and ordinances;
B. Assists in the drafting and review of proposals and legal
documents developed and submitted by administrative staff
members;
9
z
C. Determines the legality of documents affecting or involving the
City and advises the City Council and/or City staff concerning
same.
3. Represents the City in all phases of civil litigation involving the
City:
A. Primary responsibility for civil litigation involving tort
claims, condemnations, tax appeals and the like;
B. Prepares pleadings and conducts and responds to discovery;
C. Interviews City staff members whose actions are involved or
whose knowledge is relevant;
D. Researches City's legal position;
E. Advises City staff and City Council on appropriate legal
strategies;
F. Negotiates favorable settlements with opposing parties and their
counsel;
G. Advises City staff and City Council of financial and policy
consequences of settlement or adverse judgment, and the
likelihood thereof;
H. Secures testimony of witnesses and experts, and tries case to
court or to jury;
I. Informs City staff and City Council of the outcome of all
trials, including recommendations for appeal or for settlement
where appropriate;
J. Takes action to enforce judgments favorable to City;
K. Maintains adequate and orderly files on all matters under
litigation;
L. Corresponds with and keeps City's insurer(s) informed of matters
under litigation where appropriate.
4. Supervises and assists the Assistant City Attorney/Prosecutor in the
prosecution of City ordinance violations.
5. Represents the City before boards, commissions, or administrative
agencies of the State and Federal governments:
A. Represents the City Council, City administration, and/or
individual City departments before boards or commissions of the
State;
B. Participates in hearings and appeals before such boards,
commissions or agencies;
3
C. Advises the City Council and City staff concerning potential
outcomes and the financial and policy implications involved in
matters before such agencies, and concerning appropriate
strategy, including court appeals, to be followed on matters
before such boards, commissions, and agencies.
6. Courteously communicates with the public in responding to inquiries:
A. Provides information to the public with regard to City
ordinances and the laws of Iowa relating to cities;
B. Informs public with regard to the City's policy or position with
regard to such ordinances or such laws;
C. Gives advice to public where appropriate and if not contrary to
City's interests;
D. Refers public to appropriate City departments or staff for
further explanation of City policies or procedures;
E. Advises appropriate City administrative staff of complaints by
the public concerning City operations, policies, or personnel.
7. Miscellaneous:
A. Maintains adequate and orderly files on all matters before such
boards, commissions or agencies;
B. Assists in the supervision of non-professional staff of the
Legal Department;
C. Acts as City Attorney in the absence of the City Attorney and
Deputy City Attorney, if so designated;
D. Courteously communicates with the public and functions in a
public relations capacity on the City's behalf;
E. Pursues continuing professional legal education in appropriate
fields.
REQUIRED KNOWLEDGE. SKILLS AND ABILITIES: Good knowledge of judicial
procedures and rules of evidence; good knowledge of City ordinances,
State, Federal, and general municipal laws including accepted legal or
court interpretations; good knowledge of the organization, functions and
legal limitations on the authority of the various City departments; good
knowledge of the principles of civil law, particularly as they relate to
the ownership, acquisition and conveyance of real property, the conduct of
elections and the regulation of public utilities; good knowledge of the
principles of criminal law and the problems of criminal law enforcement,
procedure and evidence; good knowledge of what can be accomplished by
legal approaches, what must be done by administrative approaches and how
the two must be balanced to achieve the intent of City departments and to
protect the public interest; ability to analyze, appraise, and organize
facts, evidence and precedents and to present such materials effectively,
orally and in writing; ability to determine the limits of action available
to opponents and the probable courses of action of opponents in court
cases; ability to present and argue cases in court, dealing effectively
I
4
with unanticipated situations when these arise; ability to establish and
maintain effective relations with court officials, City officials and the
general public; ability to negotiate settlements; ability to observe and
train new attorneys in the research and preparation of municipal work and
in trial work; good judgment; good physical condition.
ACCEPTABLE EXPERIENCE AND TRAINING: Some experience as an attorney,
graduation from a recognized school of law, preferably with specialization
or emphasis on municipal law, and admission to the Iowa Bar; or any
equivalent combination of experience and training which provides the
required knowledge, skills and abilities.
�I
j
i
ASSISTANT CITY ATTORNEY/PROSECUTOR
GENERAL STATEMENT OF RESPONSIBILITIES:
Under the general direction of the City Attorney, performs professional
and administrative legal work for the City; and functions as a legal
advisor to the City Council, City Manager, and department heads with
regard to legal authority of the City. Work is performed in accordance
with general policies of the Legal Department and the accepted standards
and practices of the legal profession.
AREAS OF ACCOUNTABILITY: AT THE REQUEST OF AND AS DIRECTED BY THE CITY
ATTORNEY, AN ASSISTANT CITY ATTORNEY PERFORMS AS
FOLLOWS:
1. Attends Council meetings, staff meetings, and meetings of City Boards
and Commissions as necessary in connection with the drafting of City
ordinances and in connection with the prosecution of City ordinance
violations.
2. Provides advice and recommendations and renders oral and written
opinions to the City Manager, City Council, Mayor and department
heads.
A. Attends Council meetings and staff meetings for the purpose of
learning policies underlying official action and gives advice on
legal implications involved, including advice as to alternative
legal and administrative approaches to the solution of major
City problems;
B. Keeps informed of proposed State and Federal legislation
affecting the City government;
C. Keeps the City Attorney and appropriate management staff members
informed on important legal developments which may affect the
administration of City government;
D. Maintains current knowledge of innovative ideas and developments
and recommends changes in current operations and practices where
applicable;
E. Attends meetings of boards and commissions and acts as staff
liaison;
F. Prepares factual, clear, concise written reports with specific
recommendations;
G. Serves as an active member of management staff teams created to
deal with specific problems and issues when a legal perspective
is deemed desirable.
3. Performs document drafting and review work for the City Council, City
administration, and City boards and commissions.
A. Draws legal documents, including contracts, leases, deeds,
easements, resolutions and ordinances;
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B. Assists in the drafting and review of proposals and legal
documents developed and submitted by administrative staff
members;
C. Determines the legality of documents affecting or involving the
City and advises the City Council and/or City staff concerning
same.
4. Represents the City in criminal prosecution of ordinance violations:
A. Prosecutes, where appropriate, criminal complaints and civil
citations, or municipal infractions filed with the Johnson
County District Court involving allegations of City ordinance
violations, regardless whether made or filed by Iowa City police
officers, City staff responsible for ordinance enforcement, or
private citizens;
B. Interviews witnesses, complaining party and/or police officers
or other City enforcement personnel involved;
C. Assists City staff, other than police, prior to the filing of
information to determine if violation of City ordinance has
occurred, to determine if probable cause exists to prosecute a
particular person, and to determine if there is adequate proof
for successful prosecution;
D. Advises private complainants as to all applicable City
ordinances;
E. Reviews police reports and consults with private complainants
prior to the filing of any information by them with regard to
the consequences of malicious prosecution and failure to
prosecute;
F. Secures witnesses for trial by subpoenas, if necessary, and
tries criminal cases to court or to jury;
G. Advises court as to appropriate penalty or sentence by the City;
H. Keeps City Attorney and appropriate City staff informed
concerning all criminal cases where the facts or circumstances
may result in adverse civil consequences for the City.
5. Provides and performs research assignments in connection with
litigation or other matters being handled by the City Attorney,
Deputy City Attorney, and Assistant City Attorney/Litigator.
6. Represents the City before boards, commissions, or administrative
agencies of the State and Federal governments:
A. Represents the City Council, City administration, and/or
individual City departments before boards or commissions of the
State;
B. Participates in hearings and appeals before such boards,
commissions or agencies;
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C. Advises the City Council and City staff concerning potential
outcomes and the financial and policy implications involved in
matters before such agencies, and concerning appropriate
strategy, including court appeals, to be followed on matters
before such boards, commissions, and agencies.
7. Courteously communicates with the public in responding to inquiries:
A. Provides information to the public with regard to City
ordinances and the laws of Iowa relating to cities;
B. Informs public with regard to the City's policy or position with
regard to such ordinances or such laws;
C. Gives advice to public where appropriate and if not contrary to
City's interests;
D. Refers public to appropriate City departments or staff for
further explanation of City policies or procedures;
E. Advises appropriate City administrative staff of complaints by
the public concerning City operations, policies, or personnel.
8. Miscellaneous:
A. Maintains adequate and orderly files on all matters before such
boards, commissions or agencies;
B. Courteously communicates with the public and functions in a
public relations capacity on the City's behalf;
C. Pursues continuing professional legal education in appropriate
fields.
REQUIRED KNOWLEDGE, SKILLS AND ABILITIES: Basic knowledge of judicial
procedures and rules of evidence; basic knowledge of State, Federal, and
general municipal laws including accepted legal or court interpretations;
knowledge of the principles of civil law, particularly as they relate to
the ownership, acquisition and conveyance of real property; knowledge of
the principles of criminal law and the problems of criminal law
enforcement, procedure and evidence; ability to analyze, appraise, and
organize facts, evidence and precedents and to present such materials
effectively, orally and in writing; ability to determine the limits of
action available to opponents and the probable courses of action of
opponents in court cases; ability to present and argue cases in court,
dealing effectively with unanticipated situations when these arise;
ability to establish and maintain effective relations with court
officials, City officials and the general public; ability to negotiate
settlements; good judgment.
ACCEPTABLE EXPERIENCE AND TRAINING: Graduation from a recognized school
of law and admission to the Iowa Bar.
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City of Iowa City
MEMORANDUM
Date: September 9, 1988
To: Mayor John McDonald and City Councilmembers
From: Terrence L. Timmins, City Attorney
Re: Proposal for Legal Department Reorganization
Introduction:
The Legal Department is proposing a reorganization which involves the
establishment of the positions of Deputy City Attorney, Assistant City
Attorney/Litigator, and Assistant City Attorney/Prosecutor. This proposed
reorganization would involve the reassignment of some duties within the
department, and the 'creation of one new position of Assistant City
Attorney.
Discussion:
Under the proposed reorganization, Assistant City Attorney Richard Boyle
would become Deputy City Attorney in recognition of the key role that he
has within the Department in terms of providing specialized research and
consultation to the City Attorney, City Council, and City administration,
and in litigating land use issues on the City's behalf. Assistant City
Attorney William Sueppel would become Assistant City Attorney/Litigator,
with primary responsibility for tort lawsuits and property condemnations,
as well as involvement in tax appeals. The Assistant City
Attorney/Prosecutor would be a new entry level position in the Department,
with primary responsibility for the prosecution of all City ordinance
violations, and for the provision of consultation services on ordinance
enforcement matters.
The reasons underlying and justifying this proposal are as follows:
1. Increased workload. With the City's Wastewater Facilities
Improvement Project now underway, the Legal Department's workload has
increased dramatically. The Department has had significant
involvement in a number of issues related to that project since later
last year (University sewer rate challenge, Metcalf & Eddy contract
renegotiation, DNR Consent Decree, City/County zoning dispute over
new plant site), and will continue to have that degree of involvement
for the next two to three years due to the projected acquisition of
approximately 70 property parcels for that project.
In addition, the Legal Department continues to experience an
increased workload in the drafting of major agreements, particularly
intergovernmental agreements. This is a trend which is expected to
continue.
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2. Restoration of Time for Office Management and Other Projects. This
workloadincreased has
Department anditsabiliaffected
ty toaccomplish other gtasks. The evaluation
of Legal Department staff members was delayed this year due to the
press of other business. In addition, we have been unable to make
acceptable progress in implementing computer database indexing
systems for the office filing system, for the legal opinion and brief
files, and for our litigation files, all of which would ultimately
ease office management generally. Numerous necessary code revision
projects have been delayed or put on hold due to the workload in
other areas.
Increased Time Required for Prosecution of City Ordinance Violations.
In May of this year, Johnson County Magistrates Court was moved from
its long-time "home" in our City Council Chambers to take up
permanent residence in new facilities in the remodeled Johnson County
Courthouse. While in all other respects a very positive development,
that move has significantly impacted the Legal Department. City
cases have for many years been assigned for trial on Tuesday and
Thursday mornings each week. Formerly, the Assistant City Attorneys
assigned to prosecution could cover City cases in Magistrate's court
without leaving the Civic Center. If all the 9:00 AM cases had been
dealt with by 9:15, they could return to the Legal Department to work
on other matters, or they could go to the Police Department to
interview officers for cases assigned for trial at 10:00 AM or 11:00
AM. This situation made for fairly efficient utilization of their
time, particularly in those instances when the 9:00 cases, the 10:00
and/or
show" orpl"dropped bargaining, or when there e defendant's to
e were nocases scheduled for
one of those time slots.
Now, our prosecutor has to travel eight blocks to the Courthouse to
try those cases. If the 9:00 or 10:00 cases "drop out" or get plea
bargained, that attorney has to waste 30 to 45 minutes at the
Courthouse waiting for the next group of scheduled cases. It would
make very little sense to attempt to return to Civic Center for that
short period of time. To make some gainful use of time in these
circumstances, the prosecutor does attempt to take case files and
research materials with him to the Courthouse to work on during this
tperiod. However,
an
to accomplish much. without office
h Thissituationhas thus hato work d i
asignificdifficult
significant
on the ability of our prosecutor to perform other tasks.
Economic Justification. At present, the City has a number of private
lawfirms on retainer as "outside counsel" in specific cases. Several
of those firms were hired by the City's insurance carriers to
represent the City in tort lawsuits. In the past, this was left
largely to the discretion of those carriers, and in only rare
instances did they choose to assign those cases to the staff of the
Legal Department. However, under our arrangement with the City's
current liability insurance carrier, the City can, after consultation
with the carrier, assume the defense of tort lawsuits by "in-house"
legal staff.
IOW
In one tort lawsuit which was recently settled, insurance coverage
was denied and the City was required to assume its own defense. In
that instance, defense was assigned to outside counsel because of the
complexity of the case, because it was a death case with high stakes,
and because the defense of such cases is very time consuming. The
Heritage Cablevision lawsuit was also assigned to outside counsel for
similar reasons.
The rest of the cases on assignment to outside counsel resulted from
the resignation of former Assistant City Attorney David Brown.
Essentially, it was recommended that Mr. Brown take his City caseload
with him into private practice because of his familiarity with those
cases and because it was going to be some time before the Legal
Department would be back to full strength following the hiring of his
replacement. Although that caseload should be "winding down" during
the next year or so, the property acquisition caseload for the
Wastewater Facilities Improvements Project will be coming on-line
during that same timeframe.
Given our increasing workload in that and other areas, the Department
will be understaffed to handle the workload unless the City either
continues to utilize outside counsel or hires additional in-house
staff. Since the reorganization proposal really only involves the
addition of an entry level position, and a modest 2% merit adjustment
to Mr. Boyle's salary, the additional cost of the entire proposal
will be less than $25,000 per year. The result will be the addition
of approximately 2000 hours per year in available staff time, which
will offset the need for the retention of outside counsel in all but
a few cases.
In this regard, the economics of the situation are obvious. The City
is currently paying between $65 and $90 per hour for the services of
outside counsel. The attorney hired to fill the entry level
prosecutor position will be paid something in the range of $18,000 to
$19,000 as an annual salary. An annual salary in that range yields
an annual cost to the City from $22,000 to $23,000, after adding in
the cost of fringe benefits. An annual cost in that range would thus
yield an actual cost to the City of less than $12/hour for an
attorney in such an entry level position.
It should be clearly understood that we are not inferring that the
quality of service currently being provided by outside counsel can be
duplicated by an attorney in an entry level position. The hiring of
an entry level attorney will, however, free up time for other
attorneys in the office to handle matters which are now assigned to
outside counsel, or that will likely have to be so assigned if this
proposal is not approved.
5. Continuity. Under the reorganization which I am proposing, the new
entry level position of Assistant City Attorney/Prosecutor would very
likely be staffed by a recent law school graduate. That individual
would gain familiarity with the City and litigation experience by
prosecuting City Code violations and by assisting the other attorneys
in the office with their lawsuits. If the City then experienced a
vacancy in either of the other two positions within the Legal
Department, the City would have the option of moving the prosecutor
into that position and hiring a new entry level prosecutor, rather
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than be forced to search for a new assistant with prior municipal
experience, as occurred when Mr. Brown resigned in 1987.
Recommendation:
To implement the reorganization plan outlined herein, I would recommend
that the following actions be taken. First of all, I would recommend that
the City Council establish the following three new positions within the
Legal Department:
1. Deputy City Attorney,
2. Assistant City Attorney/Litigator, and
3. Assistant City Attorney/Prosecutor.
These new positions would replace the two existing Assistant City Attorney
positions.
I would also recommend that the City Council approve the appointment of
Richard Boyle to the position of Deputy City Attorney, and that he be
moved from the Administrative Pay Plan Grade 57-07 where his current
salary is $42,348.80, to the Executive Pay Plan Grade H at a salary of
$43,195.78.
I would further recommend that the City Council approve the appointment of
William Sueppcl to the position of Assistant City Attorney/Litigator with
no change in his pay grade.
Finally, I would recommend the hiring of a third Assistant City Attorney
for the Legal Department for appointment to the new entry level position
of Assistant City Attorney/Prosecutor at an annual salary of between
$18,000and $19,000.
A resolution to this effect will be included in the Council Agenda for
Tuesday, September 20.
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