Loading...
HomeMy WebLinkAbout1987-07-14 ResolutionRESOLUTION NO. RESOLUTION AMENDING RESOLUTION NOS. 76-35 -148 AND APPROVING THE RIVERFRONT COMMISSION'S AMENDMENT OF ITS BYLAWS TO ALTER THE MEMBERSHIP OF THE RIVERFRONT COMMISSION FOR THE CITY OF IOWA CITY, IOWA. WHEREAS, the City Council of the City of Iowa City has deemed it in the Public interest to establish a commission to assist the City Council in the area of riverfront regulations and policy, and WHEREAS, Resolution No. 73-148 established a Riverfront Commission, and described its power, authority, membership and terms of members; and WHEREAS, the Commission and City Council deem it desirable to reduce the membership and delete the requirement that there be a Planning and Zoning Commission representative on the Riverfront Commission, NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Paragraph 1 of Resolution No. 76-354 be amended in its entirety to read as follows: The Riverfront Commission of the City of Iowa City, Iowa, shall con- sist of ten (10) members. Six (6) of the members must be eligible electors of the City of Iowa City; one (1) member shall be a resident of the City of Coralville; three (3) shall be residents of Johnson County, excluding residents of Iowa City and Coralville. The Commis- sion members shall be appointed to the following manner: nine (9) of the members, including those from outside Iowa City, shall be appointed by the City Council of Iowa City, upon recommendation by the Mayor. One (1) member shall be appointed by the City Council of Iowa City upon the reommmendation of the Parks and Recreation Commission. Members shall serve without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the dis- charge of their duties. 2. The last sentence of paragraph 3 of Resolution No. 73-148 is hereby deleted (to delete the reference to the Planning and Zoning Commission member's term of office) and amended to read as follows: 3. The term of office for the member recommended by the Parks and Rec- reation Commission shall be a one-year term. 0 3. Amendments of Article II, Sections 1 and 2 of the Riverfront Commission Bylaws, to reflect the deletion of the Planning and Zoning Commission representative requirement, which were approved by the Riverfront Commis- sion, are hereby approved. i Resolution No. Page 2 It was moved by and seconded by the Resolution be adopted, a upon roll call there were: AYES: NAYS: ABSEIfT: Ambrisco Baker Courtney Dickson McDonald Strait Zuber Passed and approved this day of 1987. MAYOR ATTEST: CITY CLERK RWVi '::-J A N�,wMreG r,y T:,: :. —moi S:c•:+:+muni ->-- 9s9' RESOLUTION NO. 87-164 RESOLUTION TO ISSUE- DANCING PERMIT i BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Oldies, Inc. dba Golden Oldies, 1910 S. Gilbert Street. (10' x 201) It was moved by McDonald and seconded by Z ber that the Resolution as read be adopted, and upon rol ca t ere were: I, AYES: NAYS: ABSENT: Ambrisco X Baker X Courtney X Dickson X McDonald x Strait x Zuber x Passed and approved this 14th day of ,July , 19 87 . a' 4Mar Attest:�j��,� City Clerk s2 RESOLUTION N0. 87-165 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD IMPROVEMENTS PROJECT, PHASE III �— ruoLibn NUTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 28th day of July Chambers, Civic Center, Iowaowa Citwa 1987 , at 7:30 p.m. in the Council 2. That the City Clerk is hereby authorized and directed to Publish notice of the Public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by McDonald and seconded b resolution as read be a opte , an upon roll call there wtr'Zuber that the AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X X Dickson X McDonald Strait x Zuber Passed and approved this 14th day of July 1987 ATTEST: pd�' ne ;e CITY CLERK 19 973 RESOLUTION NO. 8787-1-- 6G RESOLUTION AUTHORIZING APPLICATIONS FOR NOT TO EXCEED 62 SECTION 8 EXISTING HOUSING VOUCHERS AND REQUESTING FUNDS WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and has received an invitation to submit applications for not to exceed sixty-two (62) Section 8 Housing vouchers; and WHEREAS, the Iowa city Housing Authority presently has a contract with the Department of Housing and Urban Development to administer the Section 8 Existing Housing Voucher Program contract dKC9033V and wishes to expand that program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said applications to the Department of Hous- ing and Urban Development for not to exceed sixty-two (62) Section 8 Existing Housing vouchers. 2. That said applications shall be requests for funds under the Section 8 Housing Assistance Payments Plan for existing units (vouchers). 3. That the City Clerk is hereby authorized and directed to certify appro- priate copies of this resolution together with any catnecessary certifi- ions as may be required by the Department of Housing and Urban Development. It was moved by McDonald and seconded by Zuber the Resolution be a opt ,and upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco Baker '�— Courtney �— Dickson — McDonald y Strait �— Zuber Passed and approved this 14th day of July �__, 1987. ATTEST: (( CITY CLERK Approvu�i �1 Depa=nt 9�s .o• M104 MAN RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF BOYRUM SUBDI- VISION, PART THREE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner and proprietor, Southgate Development Company, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Boyrum Subdivision, Part Three, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: I A parcel of land in the SW1/4 SEI/4, Section 15, T.79 N. R.6 W., of the 5th P.M., Iowa City, Iowa, said parcel being the same realty described on survey plat recortled in Plat Book 6, Page 24, Johnson County Recorder's Office, described as follows: Beginning at a 5/8" rebar on the south right-of-way line of Highland Ave. in Iowa City, which point is 771.23 feet west and 30 feet south of the NE corner of said SWI/4 SEI/4, Section 15; Thence East, 335.00 feet along said south line of Highland Ave. to a 5/8" rebar marking the NW corner of Plum Grove Acres Subdivision, I Part Three; line Thence S 3 neofsaidPlum Grove 393.00 rfeet (recorded r oveAcrestoa5/8"r 393.281) rebar onthealonthe west northerly ROW i line of U.S. Highway 6; Thence N 68017'40" W, 361.82 feet (recorded 361.911) along said Highway 6 ROW to a 5/8" rebar; i Thence N 01007'30" E, 259.22 feet (recorded 259.311) to the Point of Beginning; Said Eoyrum Subdivision, Part Three, contains 2.52 acres. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final plats of said subdi- vision and have recommended deferral of the extension of Boyrum Street; and WHEREAS, the preliminary and final plats of said subdivision have been exam- ined Planning aand 2oatiodenied, after e deliberation the Comnissonhsrecomnendedththey be findingthextension of Boyrum Street not in the public interest and a potential detriment to neigh- boring residential properties; and WHEREAS, the preliminary and final plats are found to conform with the tech- nical requirements of city ordinances of the City of Iowa City, Iowa. zo Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ats of oyrum art 1. That the subdivisioneofmthe rCity Of Iowa y and final lCity, areherebyherebySubdivision. approved, PThree, subject to a limitation of two access points to Lot 2 on Boyrum Street extended and maintenance of a screening fence and vegetation on the east side of Boyrum Street being the responsibility of the owners of Lot 2. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, 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 preliminary and final plats after passage and approval by law; and the owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by and seconded by _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Baker Courtney Dickson McDonald Strait Zuber Passed and approved this day of , 1986. ATTEST: CITY CLERK .P' OR ba(ved & A'prevev By Th&,49a1 De rtrrent .V' RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF BDI FIFTH ADDITION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Business Development, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of BDI Fifth Addition, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows; Part of Lot 6 Iowa, as reco deduintJa ohnsonCo my Recorder s' Office PlatIowa JohnsonuBook 16, Page 79, more particularly described as follows; Commencing as a point of reference at the center of Section 24, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa (for this description only, the North line of the Southwest quarter of said Section 24 is the as- sumed to have a bearing of South 83040100" west); thence North 88051'09" East 1508.15 feet along the South line of the Northeast quarter of said Section 24 to a point of intersec- tion with the Westerly line of the East 68 rods of the Southeast quarter of said Section; thence North 00003'29" West 369.58 feet along the Westerly line of the East 68 rods of the Southeast quarter of said Section 24 to the point of beginning; thence North 62009'30" West 395.40 feet along the Northerly line of Lot 6 of BDI Subdivision, Second Addition to a point; thence North 37050'20" East along the Easterly line of Lot 5 of said BDI Second Addition 264.7 feet to a point, thence North 62009'30" West along the Northeasterly line of said Lot 5 210.00 feet to a point of curvature; thence Southwesterly 228.33 feet along a 200 -foot radius curve concave Southerly and subtended by a 216.13 -foot chord bearing South 85008'07" West to a point of intersection with the North- easterly line of Lot 4, BDI Second Addition extended Southeasterly; thence North 37034015" West 376.81 feet along the Northeasterly lot line of said Lot 4 to a point of intersection with the Northerly line of said Lot 4; 545.0 thence too a9'pointWoftintersec lontwithntheaEastolinerof Lot 3, Auditor's Plat Number 32; thence North 00029'22" West 182.53 feet along the Easterly line of said Lot 3 to a point; .9$7 2 the Easterly line thence North 00°06'00" East 114.68 feet along point of Lots 1 and 2 of said Auditor's Plat 32 to a p of curva- ture on the Easterly line of said Lot 1; a 375.99 foot radius and subtended by a 304.29 foot chord thence Northwesterly 313.28 feet aint9of intersection with the curve concave Sou58wilterly formerly the Chicago, bearing North 23o West to apo Southerly line of the Heartland Rari9ht of way; Rock Island and Pacific Railroad) said Southerly I, line to a point on the Westerly right-of-way line thence South 62°09'30" East 2,820.58 feet along right-of-way of Scott Boulevard; said right-of-way I thence South 0°158'56" of Lot 7 of said Auditor's East 567.75. feet along line to a point on the Northerly line I Plat 32;Northerly line thence South 8B045024" West 366.24 feet along the of said Lot 7 to a point; I the Westerly line thence South 0°03'29" East 306.05 feet along of said Lot 7 to a point; 57 feet along the Southerly line point othe Westerly line of Scott Boule- thence Sth 64°06'17" East 407. ou I of said Lot 7 to a p n vard; line of said Scott thence South 0003'29" East al inthe Westerly t on the Northerly line of Lot 1 I Boulevard 642.66 feet to a P of B0l 3rd Addition; thence North curner28 Lot 8 of2said6tpointo a Bfeet 0I 2ndAdditon;at the Southeasterly int of begin- -h West 819.75 feet record. o the ep°area of this thence North 0 03 29 Th ning, subject to easements °f more or less. described parcel is 56.55 acres, and Program Development and the latspublic of the Department of Planning ro osed preliminary and final p WHEREAS, royal of same subject to a re - Works Department have examined recommendedpapP said subdivision and have single quirement that there be a single access drive on Scott Boulevard shared y Lots 11 and 12; and WHEREAS, the preliminary and final plats of said subdivision have been the Planning and Zoning Commission and after due deliberation without P examined Commission lias recommended that they be accepted and approved waived; and t Bou e provision for a shrementscfor provisionsoftsidewalks be 1 yard fwa or Lots 11 and 12 and that the req preliminary and final plats are found to conform with all the WHEREAS, the p of Iowa City, requirements of the City ordinances of the City .P• 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the preliminary and final plats of BDI Fifth Addition, a subdivi- siOn of fortaesharedof Iowa access drive one ScottbBoulevard forroved Lots to and 12 and with a waiver of the sidewalk requirement. Lots 11 and 12 2. That the Mayor and City Clerk of the City of Iowa Cit hereby authorized and directed to execute any legal documents relating to said subdivision and to certify approval of this Resolution,/awhich shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record the legal documents and final plat at the Office of the County Recorder of Johnson County, Iowa, before the authorized. issuance of any building 9 permits is It was moved by and seconded by be adopted, and 7p—on r�11 there were: the Resolution AYES: NAYS: ABSENT: AMBRISCO BAKER COURTNEY DICKSON MCDONALD STRAIT Passed and approved thisZUBER day of 1987. r ATTEST: Y I 1e001VId 8 APP,.d by The Legal Departrr wo 917 .P' r q City of Iowa City MEMORANDUM Date: July 9, 1987 To: City Council From: Monica Moen, Associate Planner 'r) 0� Re: B.D.I. Fifth Addition - Limited Access to Scott Boulevard Improvements proposed for Scott Boulevard through the RISE program will enable this trafficway to function as an arterial. In order to preserve the role of this street to carry large volumes of traffic and to facilitate the circulation of traffic within the City, direct property access from this arterial should be controlled. Two proposed lots (numbers 11 and 12) within B.D.I. Fifth Addition front only on Scott Boulevard; access to these lots must, therefore, be obtained via this trafficway. To facilitate the purpose of this arterial, staff recom- mends that access to Lots 11 and 12 be limited to a single access drive on Scott Boulevard that is shared by both lots. At its July 2, 1987, meeting, the Planning and Zoning Commission recommended approval of the preliminary and final plan for B.D.I. Fifth Addition without provision for a shared access drive for Lots 11 and 12. The Commission's recommendation is based upon concern that existing regulations which restrict the width of a drive to 24 feet and the width of the curb opening to 42 feet will not allow a drive of sufficient width to accommodate industrial uses. two potential Staff will be present at the July 13, 1987, informal Council meeting to discuss these recommendations with you and to answer any questions you may have. bj4/1 If 0 I .o• City of Iowa City MEMORANDUM Date: June 29, 1987 To: Planning and Zoning Commission From: Monica Moen, Associate Planner Re: S-8713. B.D.I. Fifth Addition With submission of the revised preliminary and final plat of B.D.I. Fifth Addition which was included in your meeting packet, many of the deficien- cies and discrepancies listed in the staff report, resolved. dated July 2, 1987, have been Only two items remain outstanding: (1) The plat should note that access to Lots 11 and 12 from Scott Boule- vard will be limited to one access drive that is shared by both lots. (2) City approval of all legal documents must be obtained. tpl/1 I I 1 917 .o• STAFF REPORT To: Planning & Zoning Commission Prepared by: Monica Moen Item: S-8713. B.D.I. Fifth Addition Date: July 2, 1987 GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: File date: 45 -day limitation period: Business Development, Inc. (B.D.I.) Iowa City Chamber of Commerce 325 East Washington Street Iowa City, Iowa 52240 Contact: David ElginProj, Phone: 354-30401 Engineer Approval of a preliminary and final subdivision plat. To permit development of 12 industrial lots. Heinz Road extended. 56.55 acres Short-range: Industrial. Long-range: Industrial. Undeveloped; I-1. North - Railroad right-of-way and Undeveloped; RS -5 East - Undeveloped, Manufac- tured Housing Park, Contractor Facility; I-1, County - RS. South - Blooming Prairie Warehouse; I-1 West - Undeveloped, Ware- house; I-1 Subdivision Regulations, Stormwater Management Ordi - nance. June 3, 1987. July 20, 1987. PAGE 2 SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: ANALYSIS Adequate water service is available. Sanitary sewer service is also available via the Heinz lift station. Police and fire protection are available. Sanitation service will be provided by private hauler. Vehicular access is available from Highway 6 via Heinz Road and is proposed via the inter- section of Heinz Road with Scott Boulevard. The western portion of the tract is slightly sloping to relatively flat. The eastern half of the site is moderately sloping and variable. In February, 1984, Council approved the preliminary plat of B.D.I. Fifth Addition, a 25.8 acre, four lot subdivision which included a 728 foot extension of Heinz Road. The applicant submitted a final plat for this subdivision but subsequently requested that consideration of this plat be deferred indefinitely. The period within which the approved preliminary plat was effective has expired. The preliminary and final subdivision plat for B.D.I. Fifth Addition recently submitted by the applicant proposes subdividing a 56.55 acre tract of land into 12 lots which range in size from 3.00 acres to 9.91 acres. The plat proposes an approximate 1,800 foot extension of Heinz Road from its present terminus to its intersection with Scott Boulevard. An existing curb return on the west side of Scott Boulevard marks the location of the proposed Heinz Road/Scott Boulevard intersection. The subdivision is located within the area of the city in which future development is constrained by the capacity of the municipal sewer system. However, excess capacity exists within the Heinz lift station which serves the B.D.I. area. The plat reflects that sanitary sewer lines proposed within the subdivision lead to this lift station and the sewer require- ments of the subdivision are expected to be met by this facility. The plat identifies a storm sewer culvert located beneath Scott Boulevard in the vicinity of the southeast corner of Lot 6 and indicates a proposed + storm sewer intake system on Heinz Road near its intersection with Scott Boulevard. In lieu of an open ditch connecting the culvert and the storm 9p7 PAGE 3 sewer intake as shown on the plat, the plat should be revised to indicate that stormwater would be contained in a continuous pipe from Scott Boule- vard to the proposed intake. The stormwater detention pond designed for B.D.I. Fifth Addition has adequate capacity to accommodate this subdivision when the proposed drainageways are constructed to allow stormwater to get to the basin. The drainage swales shown on the typical street cross-section as well as the stormwater management and drainage easements shown on the plat appear to serve this purpose. The contours shown on Lot 7, however, are incorrect and should be revised to reflect existing conditions. As construction plans for Heinz Road have not been finalized, approval of this plat should be subject to approval of the Heinz Road plans. The proposed grades of Heinz Road, however, should be noted on the plat. Improvements proposed for Scott Boulevard will enable this trafficway to function as an arterial. In order to preserve the ability of this street to carry large volumes of traffic, direct property access will be con- trolled. Access to Lots 6 and 7 of the proposed subdivision should, therefore, be restricted to drives located on Heinz Road. Because Lots 11 and 12 front only on Scott Boulevard, access must be obtained via this trafficway. To facilitate the purpose of this arterial, access to Lots 11 and 12 should be limited to a single access drive on Scott Boulevard that is shared by both lots. The plat should be amended to reflect these access provisions for Lots 6, 7, 11 and 12. The typical street cross-section shown on the plat does not show sidewalks since the sidewalk requirement on Heinz Road was previously waived for B.D.I. Second Addition. In order to recommend approval of this plat without provision of sidewalks, the Planning 8 Zoning Commission should recommend that the sidewalk requirement be waived. Although the legal description noted on the plat closes within the accept- able limits, several inconsistencies exist between the description and bearings and measurements shown on the plat. These inconsistencies must be remedied. Legal documents have been submitted but are subject to City review and approval. STAFF RECOMMENDATION P' Staff recommends that the revised preliminary plat and final plat of B.D.I. Fifth Addition be deferred but that upon resolution of the defi- ciencies and discrepancies listed below, the plat be approved subject to approval of construction plans for Heinz Road prior to City Council con- sideration of this plat. DEFICIENCIES AND DISCREPANCIES 1. Show a continuous storm sewer pipe between the culvert on Scott Boule- vard and the proposed storm sewer intake on Heinz Road. 9J?7 I .o• PAGE 4 2. Correct contours shown for Lot 7 to reflect the actual contour of that lot. 3. Identify the proposed grades of Heinz Road. 4. Amend the plat to note that access to Lots 6 and 7 will be obtained from Heinz Road and that access to Lots 11 and 12 from Scott Boulevard will be limited to one access drive that is shared by both lots. 5. Correct discrepancies between the legal description and bearings and measurements shown on the plat. 6. Obtain City approval of all legal documents. ATTACHMENT 1. Location map. ACCOMPANIMENT i 1. B.D.I. Fifth Addition Revised Preliminary Plat and Final Plat. Approved by: ona S me ser, D rector epartment of Planning and Program Development I 187 1. r LOCATION MAP S-8713 BUSINESS DEVELOPMENT, INC. (INC.) FIFTH ADDITION .o• 5P it RESOLUTION NO. 87-167 C RESOLUTION APPROVING THE PRELIMINARY PLAT OF BELL'S SUBDIVISION JOHNSON COUNTY, IOWA. IN WHEREAS, the owners, Clifford and Ramona Bell, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Bell's Subdivision; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended ap- proval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commis- sion and, after due deliberation, the Commission has recommended that it be ap- proved and that, because the access road is not hard surfaced, the requirement be waived that drive approaches within the right-of-way be hard surfaced; and WHEREAS, the preliminary plat is found to conform with all the pertinent require- ments of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Bell's Subdivision is hereby approved with a waiver of the requirement that drive approaches within the right-of-way be i hard surfaced. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa are affixed to are hereby authorized and directed to certify this resolution which shall b the preliminary plat, I It was moved byZuber and seconded by McDonald adopted, and upon ro ca there the were: Resolution be AYES: NAYS: ABSENT: XX AMBRISCO BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT ZUBER Passed and approved this 14th i day of July 1987. I ATTEST: CITY CLERK Qxelvod $ gi+fNuval 8Y The Icnul Dap 9 5P .P' STAFF REPORT To: Planning and Zoning Commission Item: S-8714. Bell's Subdivision GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Site size: Existing land use and zoning: Surrounding land use and zoning: Fringe area: Applicable regulations: File date: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Prepared by: Monica Moen Date: July 2, 1987 Clifford M. & Ramona L. Bell Rural Route 5 Iowa City, Iowa 52240 Phone: 351-5061 Preliminary subdivision approval. To establish a 12 lot subdivision. North of County Road F-46 and south of Snyder Creek, approximately 1.8 miles east of Scott Blvd. 12.32 acres Agricultural; A-1 North - Snyder Creek, Agricultural; Al East - Agricultural; Al South - Single-family residential; RS West - Agricultural; Al Area 5 Fringe Area Policy Agreement, City Rural Design Standards June 17, 1987 August 3, 1987 Public utilities are presently not available. Individual septic systems will be provided for sewage disposal and water will be supplied via two wells and a private water distribution system. Police protection is to be provided by Johnson County. Fire protection will be provided by the West Branch Fire District. The proposed lots are accessible from County Road F-46 via old Highway 6. -2 - Topography: The terrain of the site slopes from a high point at the south central portion of the tract northerly toward Snyder Creek. ANALYSIS On June 4, 1987, the Johnson County Board of Supervisors approved an applica- tion submitted by Mr. Bell to rezone the subject tract from Al Rural, to RS Suburban Residential. Mr. Bell is now requesting approval of a preliminary plat for a 12 lot residential subdivision on this 12.32 acre tract. The proposed subdivision is located in Area 5 of the Fringe Area Policy Agree- ment between Johnson County and Iowa City and is beyond the area one mile east of the Iowa City corporate limits in which annexation will be considered as City services can be provided. Because the implementation measures specified in the agreement for Area 5 denote that residential development beyond one mile of Iowa City's eastern limits must conform to City Rural Design Standards, these standards are prescribed for this subdivision. Due to the topography of the tract and to ensure adequate sight distances, not all of the lots proposed within the subdivision will access directly onto the County road. The subdivision plat indicates that access from lots 2-11 to this road is limited to three points. Twenty-five foot wide easements at these points and across several of the lots enable access for lots 2-11. The plat indicates that lots 1 and 12 will be accessed directly from the County road. Because of the location of Lot 1 in the vicinity of the intersection of the county road and Old Highway 6, however, access to lot 1 directly from the County road should be prohibited. Instead, the proposed access easement be- tween lots 2 and 3 should be extended westerly to enable access to lot 1 via this easement. Corrugated metal pipe culverts which meet the minimum specifications of the City Rural Design Standards are shown, as needed, through the access approaches from the County road. Because this road presently has a crushed rock surface, the Commission may consider waiving the requirement that access drive approaches be hard surfaced within the right-of-way. While no provisions are made within the subdivision for access to property north of this tract, an existing farm lane immediately east of the tract and shown as a 66 foot wide strip on the plat could be utilized for future develop- ment north of the subject site. All private wells must conform to the requirements of the Johnson County Health Department. Two wells, located between lots 2 and 3 and lots 8 and 9 are intended to serve this subdivision. The westerly well will provide water to lots 1-6 and lots 7-12 will be served by the easterly well. The plat notes the presence of a water service line easement to all lots within the subdivision. o• The type of pipe proposed for the private water distribution system meets the minimum standards specified in Section 2.1 of the City Rural Design Standards. The location of the proposed individual septic systems are shown on the plat. Their location and use are subject to review and approval by the County Health Department. 9too .o• -3 - Since a new street is not created by this subdivision, telephone and electric utilities need not be placed underground. Overhead utilities lines adjacent to the property may be used for this purpose. The plat notes the location of an existing overhead electric service and indicates that existing telephone serv- ice is underground. The developer's engineer must submit a letter establishing the fire rating for the area being developed. A letter of transmittal from the appropriate fire protection district approving provisions made for ire protection within the subdivision must be submitted. f Except for developments located within Old Man's Creek watershed, the Storm - mile water Management Ordinance applies to new developments located within the two agementtreflectedrinl theit of plat are sufficienteforovisions for plat appy man. Prior to final plat approval, however, stormwater preliminary calculations must apbero pro- vided, the elevations of the contours shown around the stormwater detention basin must be identified and the shallow diversion Swale indicated on the plat must show a minimum grade of two percent to effectively direct surface runoff to the basin. If this grade cannot be achieved, field tile installed beneath the Swale may be utilized to aid the transfer of runoff to the detention basin. STAFF RECOMMENDATION Sta s that butfthatcupon r esolutioneofrthem deficiencieslat fandldiscrepanciesI sted Subdivision ebelow, the plat be approved. DEFICIENCIES AND DISCREPANCIES 1. access Extend the proposed access easement between lots 2 and 3 westerly to enable 2. Submit aoletter establishing thlot I via this e fire rating for the area being developed. A letter of transmittal from the appropriate fire protection district must also be supplied. ATTACHMENT 1. Location map. ACCOMPANIMENT 1. Preliminary plat - Bell's Subdi n i Approved by: ona d chme ser, rec or Department of Planning and Program Development [W LOCATION MAP S-8714 BELL'S SUBDIVISION .W RESOLUTION NO. 87-168 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN JOHNSON COUNTY, IOWA, AND IOWA CITY, IOWA, AMENDING THE DEVELOPMENT POLICY FOR AREA 4 OF THE JOHNSON COUNTY/IOWA CITY FRINGE AREA POLICY AGREEMENT. WHEREAS, in December, 1983, pursuant to Resolution 83-404, the City Council of Iowa City entered into an agreement with the Board of Supervisors of John- son County under authority of Chapter 28E of the Code of Iowa which sets forth development policies for designated areas within the two-mile extrater- ritorial jurisdiction of Iowa City; and WHEREAS, Resolution 86-308 authorized amendment of that Agreement to provide a new development policy for properties fronting on Rapid Creek Road; and WHEREAS, the City and the County have mutually agreed that development pres- sures in Area Four east of Highway 1 justify reconsideration of the policy to provide for limited residential development in all of that portion of Area Four east of Highway 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT: 1. The Mayor is authorized and directed to sign and the City Clerk to attest the attached amendment to the Fringe Area Policy Agreement between John- son County and Iowa City, establishing a policy which permits limited j residential development at a density of one dwelling unit/three acres for properties in Area Four east of Highway 1. 2. The City Clerk is directed to cause the Amendment to be recorded and filed with the Secretary of State, as required under Code Chapter 28E. It was moved by McDonald and seconded by Dickson ��� the Resolution be adopted, an upon ro E call there were: AYES: NAYS: ABSENT: 462r - FILED 1 X Ambri3201(_ PAGE_ i x Baker SEP 17 AM 8: 28 X Dickson x McDonald JOHN E. O'NEILL X Strait RECORDER x Zuber JOHNSON CQ. IOWA Passed and approved this 14th day of July 1987. CORPORATE SEALMA OR ATTEST: A. D ,� QAA GITY- CLERK Received $ Approved By 4oN°1 Dep� a VOL 971 .1 PAST 30 989 . ., .P' FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND IOWA CITY, IOWA - AMENDMENT II This agreement is entered into pursuant to Chapter 28E of the Code of Iowa by and between Johnson County, Iowa, a municipal corporation, and the City of Iowa City, Iowa, a municipal corporation, to wit: WHEREAS, the County and the City adopted an agreement in December, 1983, to guide the development of land within the two-mile extraterritorial jurisdic- tion of Iowa City; and WHEREAS, that agreement provided for the periodic review and amendment of the agreement; and WHEREAS, the City and the County have mutually agreed that development pres- sures in Area 4 require reconsideration and amendment of the development policy for Area 4; and WHEREAS, the development policy for a portion of Area 4 along Rapid Creek Road was amended October 15, 1986; and WHEREAS, after due deliberation the Johnson County Board of Supervisors and the City Council of Iowa City have determined that a similar development Policy is appropriate for all of Area 4 east of Highway 1. NOW, THEREFORE, the parties hereto, do agree for themselves and their respec- tive successors to the following amended policy for Area 4: AREA 4 Policy A limited amount of residential development will be permitted on those properties east of Highway 1. Agricultural use is the preferred use on any of those properties which do not meet the standards noted below and on properties west of Highway 1; residential uses for farm family pur- poses will be considered on these properties. Residential development will be guided by the following standards: 1. The development will not require construction or reconstruction of a public road by the City or the County. 2. The proposed development will not have a negative impact on sur- rounding properties. 3. Conflicts between residential development and existing farm uses should be minimized. 4. The development should allow for the protection of natural areas such as steep slopes, wetlands and forested areas. VOL 977 ra,I 3Q9 2 Implementation: 1. The density for development of lots should be one dwelling unit per three acres. 2. Implementation of this policy will require amendment of the County Zoning Ordinance. This amendment could be accomplished by adding a new section on planned residential development, which incorporates the use of standards and site plan review and provides a zone cate- gory to implement the one unit per three acre density. 3. All zoning requests will be reviewed for conformance with the poli- cies established for Area 4. 4. Development of existing zoning within Area 4 will be required to comply with County and City Rural Design Standards. 5. No annexation of this area is anticipated in the next three year review. 6. Where the tracts of land being considered for development are large enough, the standards for rezoning may be implemented through the clustering of small building lots according to Section 10 of the Johnson County Subdivision Regulations. Clustering is a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, conservation of farmland and preservation of natural areas. This amendment to the agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chap- ter 28E, Code of Iowa. Dated this L day of 1987. JOHNSON COUNTY BY: i I AJ,_./._P Chairrrm, Boaarrd� supervisors y ATTEST: b U/_4 �Nun��/Snv,4, I� County u i or VOL 977 nri 303 3 Dated this 14th day of July 1987, CITY OF IOWA CITY � n By: aYor i ATTEST: C, t y er i CpRpp j q� i I VOL 9-1-. 'w"T S0.1 Racctved $ Avnr9 6Y The Legal Dc Partmarrt 7 5 P7 f� 51' .V' City of Iowa City MEMORANDUM Date: June 12, 1987 To: Planning and Zoning Commission From: Karin Franklin, Senior Planneoe� Re: Fringe Area Policy Agreement - Area 4 The Johnson County/Iowa City Fringe Committee has met and reached consensus on an amended policy for Area 4, north of Iowa City on Highway 1. The re- vised policy which is attached applies to all properties east of Highway 1. Properties west of Highway 1 will continue under the existing policy of agricultural uses being preferred. The standards noted in the proposed policy are intended to create a context in which zoning decisions are made and provide notice to residents and devel- opers in Area 4 of the conditions under which they could expect development to take place. The standards should also provide a framework for equitable and consistent decisions. Two issues were discussed by the Committee related to these standards . The first standard embodies a policy of the current Board of Supervisors to not approve ifltheent ic would developer/homeownersssassociationoagreesttonc nstructdanby d maintain the road as a private drive, the Board is not as a matter of policy concerned about the development. A factor to be considered by the City in evaluating the appropriateness of a County rezoning is the impact the devel- opment may have on peri pheralCity streets; this standard. thus the inclusion of the City in to this The preservation of farmland was also discussed by the Committee. Reference expressed �reservationsstill luded about the in hneedt o r desire towincl ude such amembers eference the Board given the current farm economy and reports they had which indicated that excess farmland was available. Amendment of the agreement is being taken before the County and the City simultaneously n mentiscompleted, athe cCounty iationwill ameof nditheir Zoning Orton in earldinancetto providenan RS -3 zone in which development at one dwellinn jn;+i+ti..,... _ Permitted. bc4 • CODE ENFORCEMENT RECORD PRINTED 9-JUL-87 PROP ADD: 109 - Johnson South DATE: 18 -MAY -87 N COMP: 1 LOC ON PROP: Parking lot RECD BY: KV VIOL TYPE: PK3 Parking not paved REFD TO: KV COMPL. NAME: No name given PH: STATUS: 0 ADDRESS: ZONE: RM12 OWNER: Lorna Mathes C/O: STRT: IU;. S. Johnson C/S/Z/2Z : Iowa City IA 52240 0000 DATE ACTION COMMENTS 18 -MAY -87 I Inspection Found parking lot - south side of property, off alley - not paved. Photo taken. 22 -MAY -87 L Letter Violation letter sent return -receipt requested. (Return -receipt received May 23, 1987) 03 -JUN -87 CR Correspondence Letter reed from Lorna L. Mathes stating property has been parking lot since 1940. (Reply sent 6/11/87) 19 -JUN -87 L Letter Wm Meardon sent letter along with affidavits from neighbors. Will reply by July 1, 1987. 01-JUL-87 L Letter Letter sent to Wm. Meardon, attorney for Mathes. (Tickle until 7/7/87) —07-JUL-87 RI Reinspection TO f .P' 1 A 20 -- ae r r�J . —\ ? subject to revised agreement JOHNSON COUNTY/ IOWA CITY FRINGE AREA 9. .a• AMENDMENT ADOPTED OCT. 1986 FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND IOWA CITY, IOWA - AMENDMENT I This agreement is entered into pursuant to Chapter 2BE of the Code of and between nloohnson County, Iowa, corporation,a municipal corporation a municipal of Iowa , to wits and the City WHEREAS, the County and the City adopted an a reement to guide the development an land within the two-mile Jurisdiction of Iowa Cit in December, 1983, City; and extraterritorial WHEREAS, that agreement provided for the periodic review and the agreement; and WHEREAS, the Cit amendment of pressures h Area and the County have mutually agreed that development pent 4 require reconsideration and amendment of the develop - policy for all OP part of Area 4; and WHEREAS, agreement has been reached on an amendment to address in Part of Area 4 along Rapid Creek Road. NOW, THEREFORE development respective successors to parties fhereto, do a ree 9 amended for themselves and their AREA 4 Policy for Area q; Policy A limited amount of residential development on theproperties direct frontage or access on Rapid Creek Road will be other property within Area ermiwith to gravel surface roads 4 with access out to Highway I and a On aged and , residential development9 y 1 and access County zoneedncfu�a�e identak deve oin Area 3ashould ar dif the Preferred use on these 3 and other parts s the fret other properties Agricultural use is the family Purposes will be considered dependingeond residential lands site ocondi- Resi entiji ancedstandards desigrowth neod tRapid Creek Road will be guided by perform - I• Keep County road maintenance costs and other services at an ac. ceptable level; 2 . Preserve the rural character of the area; 3• Conserve prime agricultural land for fa 4, rm use; Minimize conflict farm uses; and between residential development and existing .Y' -2. 5. Allow for the protection of environmentally sensitive areas, such as steep slopes, wetlands and forested areas. Actual development of individual sites along Rapid Creek Road will be accomplished by matching these standards to the specific land charac- teristics, including road access safety, steep slopes, floodplains, woodlands, existing agricultural uses and prime farmland. County service level limitations, primarily road service capacity, should provide an overall basis for setting the density standards in the area. Along Rapid Creek Road large lots will not be required. Where the tracts of land being considered for subdivision are large enough, the performance standards could be facilitated through the clustering of smaller building lots. Clustering is a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, conserva- tion of prime ag land and preservation of environmentally sensitive areas. The common open space created through the clustering process could be secured through the use of restrictive covenants obtained as a part of a conditional zoning process. Implementation: I. Implementation of this policy for development along Rapid Creek Road will require amendment of the County Zoning Ordinance. This amendment could be accomplished by adding a new section on planned residential development, which incorporates the use of performance standards, site pian review and elements of conditional zoning, or by use of overlay provisions. 2. The density for development of lots having frontage on or access to Rapid Creek Road should be one dwelling unit per three acres. 3. All zoning requests will be reviewed for conformance with the policies established for Area 4. 4. Development of existing zoning within Area 4 will be required to comply with County and City Rural Design standards. S. No annexation of this area is anticipated in the next three year review period. amendmentThis be the tate ofIowa, and t with rtthe eJohnson l County l Recorder ed with t in Secretary conpl iancefwwith Chapter 28E, Code of Iowa. .o• -3- Dated this day of 1986. JOHNS01 COUNTY By: i Chair—mJ B rd/of Supervisor7ss Attest: f oun y u or I � y" Dated this day of 1986. CITY OF IOWA CITY Mayr Attest: i Reahnd i Approve Ey The legd Dep �M �� /� 989 !, ytPd or ,ow 9 I �?n P"•S6.\G7yv �4FY 4f SRORP,TARY OP S'r,ijil . S•TATHA W Us F: STAT11. Or 10\Y.S DP:R 310IN1-..4 50819 .ELAIND BASTTR SEUR=ARY m- STAT,. September 22, 1987 Marian K. Karr, CMC City Clerk City of Iowa City Civic Center, 410 E. Washington St. Iowa City, Iowa 52240 RE: Amended agreement between the City of Iowa City and Johnson County amending the development policy for Area 4 of the Johnson County/Iowa City Fringe Area Policy Agreement. Dear Ms. Karr: We have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1987 Code of Iowa. 1987. You may consider the same filed as of September 21, EB/k1 ri i Elaine Baxter Secretary of State 615-281-5804 .P' r RESOLUTION NO. THE RESOLUTIONE AND CE O F A PORTION AND RALSTON CREEK, WEST OF GILBERT STREET IN IOWA CITY, IOWA. WHEREAS, the City Council da did, of pursuant to Ordinance ,N 19passed 87 and approved the Y , vacate a por- tion of the Nort - ou alley a ween en on ree and Ralston Creek, west of Gilbert Street, legally described as follows: That portion of the existing Platted Alley, in White's Subdivi- sion of Outlot 4 of the County Seat Addition to Iowa City, Iowa, according to the Plat thereof recorded in Deed book 13, at page 272, of the Records of Johnson County, Recorder's Office, lying Southerlof f Lot of the Northwesterly top he North tbanknof oRalston3 CNortherly and Creek, moreparicularly described as follows: Commencing at the Northwest corner of White's Subdivision of Outlot 4 of the County Seat Addition to Iowa City, Iowa; Thence Outlotsion of '4,'1;0.00ng the feet, to WestLine mNorthwestsaid CornerWhite of Lot d33�of said White's Subdivision; Thence S89°46'10"E, 130.00 feet, to the Northeast Corner of said Lot 33, and the Point of Beginning; Thence continuing S89°46'10" E, 15.00 feet, to the Northwest Cornealongrof Lot 22 of the West Line sofdsaidtL t 22,dm54 70n; Thence feet, to aOOPointPonoint Northwesterly top of bank of Ralston Creek; Thence S42058'15"W, along said top of bank, 22.01 feet, to a Point on the Easterly Line of Lot 32 of said White's Subdivision; Thence NOO000100"E, 70.86 feet, along said East Line of Lots 32 and 33, to the Point of Beginning. Said tract of land contains 942 square feet, more or less. WHEREAS, the City Council did, pursuant to Resolution No. B7-151, adapted on the 30th day of June, 1987, declare its intent and proposal to dispose of said alley portion, subject to retaining easements for sanitary sewer and other related public utility easements by selling same to I.C. Law Buid au Itslproposaltwithhip for $2,572.00 regard thereto, and did set the horize date ion and time notice forpublic hearing thereon; and WHEREAS, following public hearing on said proposal, and being fully ad- vised as to the merits of said proposal, and having given full study and consideration, the Council deems the proposed sale of the vacated portion Benton Street ilbertof nStreet°tohbelinythe tbest interest of the of theGCityaoft IowarCity,wIowa. K NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and City Clerk be and are hereby authorized, empowered and directed to execute a City Deed conveying the City's interest in the j vacated portion of the north -south alley between Benton Street and Ralston Creek, west of Gilbert Street, to the I.C. Law Building Partnership, for and in consideration of the sum of $2,572.00. AND BE IT FURTHER RESOLVED That the City Deed attached hereto and made a part hereof is hereby ap- proved as to form and content. AND BE IT FURTHER RESOLVED That the City Attorney be and is hereby authorized, empowered and directed to deliver the City Deed on payment of the consideration stated above. It was moved by and seconded by the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO BAKER _ COURTNEY _ DICKSON _ MCDONALD _ STRAIT ZUBER Passed and approved this _ day of 1987. ATTEST: CITY CLERK .M' .t, Realved a Approved By The Legal Dc artment CITY DEED KHON ALL MEN BY THESE PRESENTS: That the it of Iowa City, Iowa, a Municipal corporation j Johnson am the State of Iowa, b of iwo ThOeeand Five Y Its Mayor ab CItDOfatlon of the County of hereb Hundred Seventy-two and no/t00YClerk 0°Ilars I° consideration Partnersh ligase, rem Ise, convey and quit claim unto (f2,572.00) does title and D and Its successors and assigns (•Gran teethe I, Count pf Interest In and to the follow In - ), silt of Llys Building Y Johnson and State o! Iowa: 9 described prem see located In tithe' the liar Oudot i4g°fttha coun�heaea corner o! Lot 33, Afte's Subdivision of plat thereof r y Se Oeedd Souk °3310 yI0� City accord lrg to the Che Johnson recorded in the East Line of Lot thence 5 00Po0 a ZT2 of the records of to a lot 33 In Asa ld Subdivision; 0thence ONS feet along 00°001: 0° the West Line of Lot 22 of sold subdiv is lon.58'15' E, d lrec tly Eastloo9 the Nest Line of za ld lot 22, 90°00'00' N the Northeast corner to a point Michels easement far IS feet to the po Int of b Asa Said Lot 33; thence N upon, and unde�et a Purposes 0Dertyfor Publ to n utlninl ityu IJiact a An t• The City or any public utility (the easement rind[ ea make such excavations and to find reasonably make ant holders') shall have the maintenance o! necessary for the Installation ire The Proper[ y easement holder mach sewer or utility Hnes Y as it may y elect to Install, and appurtena repair and 2• The easement holders shall have the right operate and maintainenences as the bushes which may Inter/ere with ght to trim and r however, If valuable timber the exercise of move all trees or property of the Grange, Is removed, It 'halltheir easement rights; 3• The easement continue to be the the ro holders shall have the r1 I damage perty area by such route right of ingress g and Inconvenience to the as shallOccasion then and leas 4. from Grantee, °C°es Ion 4. Grantee shall Practical not interfere with the right to use the proper[ 1n provided however, that futhe Grantee Of shall the easement way which shall I allow or other structure, erect orconstructeasy nor cause Any °f other obstruction, the rior y substantial fill or cut within the property, j the Grantee mla ten consent of the Clty, Notwahstasaidn In Property with Y construct drives and/y' perk( 9 the foregoing, subJect to the following condltlons; Parking areas on such property, j a• Such drives and/or herktnq shall be less than seven Inches (T•) of Port I COnstruc ted to and Concrete a thfc knass of not b• Upon requfrom yy et° Cenmt. and perk lastmg. and $hailemovee vehiclesnt jrGrantee shall the drives easement holder or its the Property, i °tfi ity lines, yeas or a P perty, to allow the e°PI0 gents access to Its S• An easement holder Ubackfill Seer or repair Any damages within l t9e area b� ct Ito the y It end e area subject Y trench made b G• Each easement holder easement. which may occur In shall Indemnify Grantee against holder, or its em the exercise o! the easemeniany loss or damage 'o. occasioned b Pl ogees or contractors I tits y the easement area by the ease for Llnution ho tiler, In business duringe the for loss wh lch may be temporary use of the T responsibility 11 itt as press ly Provided tithe 1prapert easement holder shall have no y for maintaining Y• NO TRANSFER FOR TAX DUE - CODE SECTION 428A.2(b), 0 go • i i � 2 IN WITNESS be executedOnits behalf EOF the bof o frat y ItsMayor, low' has Caused this instrument to seal to 6e affixed hereto this ytested by the City Clerk, and Its ..day of July, 1981. CITY OF IOWA CITY By: ayor ATTEST: Y er On this day of Jul State of oT va, personally appearedW87, illiam ,mje'pmb�i Cary apublic nd in and for the me Personally know, and , who, being by me duly sworn, Old say thaK. Karrt they�are the Mayor and City Clerk, respectively, of the Lity of low Clty, Iowa; that the seal affixed to the foregoing instrument 1s the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporatton, by authority of its City Council, as contained in pelf of No, 8T' adopted by the City Council , on the t9B ,7 an '(hit yijl lam J gmbrisco arid Marlen K. Kerr ac now a gra ofeaecu- tion of the Inttrument to be their voluntary act and deed and the the voluntary act and deed of the corporation, by it voluntarily executed, I Notary Public in and for the State of Iowa I I I \stud a Apprcv..d tagal Oeju, . 'd Z, 1 T) r BARKER, CRUISE, KENNEDY, HOUGHTON & FOSTER June 24, 1987 Ms. Marianne Milkman CDBG Program Coordinator 410 E. Washington Street Iowa City, IA 52240 RE: I.C. Law Building Partnership Offer to Purchase Parcels A-2 and A-3 Offer to Purchase Alley Property Dear Marianne: L E'VC 25 1987 EPAftIM_t4 Our law building partnership is interested in accquiring title to that portion of the city alley that lies between and directly abuts the parcels A-2 and A-3 on which we have previously submitted an offer to pur- chase. We are offering to purchase that property for $500,00• You have previously estimated the value of that property at $2,572.00. I would like to explain the reasons why I think it is worth much less. First of all, the property has a sanitary sewer running throughout its entire length. That sewer makes it entirely unbuildable. In fact, the sewer will limit the use of the rear portion of parcel A-3. This re- striction on the use of the property is the major reason for a lower val- uation, I can assure you that if the property were buildable, we would pay full price. The second problem with the property is that it needs to be filled to bring it to grade. Right now, someone has used it as a junk yard and we will need to clean it up, fill it, and improve it. We may incorporate it into our parking plan. That all depends upon the design developed by Larry Schnittjer of M@IS Consultants. Finally, I must make this offer to purchase contingent upon the city accepting our offers to purchase parcels A-2 and A-3. Obviously, we would have no use for this small portion of alley if we were not developing the entire project. If the city accepts all these offers, we .will close 9�0 LAWYERS CHARLES BARKER 311 IOWAAVENUE•P.O. BOX 200D JOHN D, CRUISE MICHAEL HENNERY IOWA CITY. IOWA D.HOUGHTON AREA CODE Olo 322 TELEPHONE TELEPHONE OOI DARES DAMS l FOSTER, June 24, 1987 Ms. Marianne Milkman CDBG Program Coordinator 410 E. Washington Street Iowa City, IA 52240 RE: I.C. Law Building Partnership Offer to Purchase Parcels A-2 and A-3 Offer to Purchase Alley Property Dear Marianne: L E'VC 25 1987 EPAftIM_t4 Our law building partnership is interested in accquiring title to that portion of the city alley that lies between and directly abuts the parcels A-2 and A-3 on which we have previously submitted an offer to pur- chase. We are offering to purchase that property for $500,00• You have previously estimated the value of that property at $2,572.00. I would like to explain the reasons why I think it is worth much less. First of all, the property has a sanitary sewer running throughout its entire length. That sewer makes it entirely unbuildable. In fact, the sewer will limit the use of the rear portion of parcel A-3. This re- striction on the use of the property is the major reason for a lower val- uation, I can assure you that if the property were buildable, we would pay full price. The second problem with the property is that it needs to be filled to bring it to grade. Right now, someone has used it as a junk yard and we will need to clean it up, fill it, and improve it. We may incorporate it into our parking plan. That all depends upon the design developed by Larry Schnittjer of M@IS Consultants. Finally, I must make this offer to purchase contingent upon the city accepting our offers to purchase parcels A-2 and A-3. Obviously, we would have no use for this small portion of alley if we were not developing the entire project. If the city accepts all these offers, we .will close 9�0 .Y' w Ms. Marianne Milkman Page -2- June 24, 1987 on all purchases simultaneously as early as July 30, 1987. Thank you for your help on this. Very truly yours, �J6¢n D. Cruise JDC/smm (/ E .P' W y'= aP� v I I —_�._•_.__ ci `}�Z y tr' `a, .o• RESOLUTION NO. 87-169 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE RENOVATION OF CITY PARK SWIMMING POOL WHEREAS, the voters of the City of Iowa City did, at a special election held on June 3, 1986, approve the issuance of general obligation bonds for the construction of a new swimming pool at Mercer Park and for the renovation of City Park Pool; and WHEREAS, the plans, specifications, form of contract, and estimate of costs for the project to renovate City Park Pool have been prepared and submitted by Neumann Monson PC, project architects; and WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. It was moved by D%:Donald and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Courtney x Dickson _ � McDonald Strait x Zuber Passed and approved this 14th day of July, 1987. ATTEST: J CITY CLERK 99V& .W f RESOLUTION NO. 87-170 RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH JOHNSON COUNTY FOR THE IOWA CITY/JOHNSON COUNTY NUTRITION PROGRAM.- WHEREAS, ROGRAM.WHEREAS, the City of Iowa City, Iowa, has negotiatedan Agreement with Johnson County for the lease of space at the Iowa City Senior Center for use by the Iowa City/Johnson County Nutrition Program, commonly referred to as Congregate Meals, a copy of said Agreement being attached to the Resolution and by this reference made a part hereof, and WHEREAS, the Senior Center is operated for the benefit of elderly resi- dents of Johnson County, and WHEREAS, the City Council and Johnson County Board of Supervisors deem it in the public interest that space, furnishings, equipment, utilities and services be provided at the Iowa City Senior Citizens' Center for the Nutrition Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: That the Mayor and City Clerk are hereby authorized and directed, respec- tively, to execute and to attest the attached Lease Agreement with Johnson County for the Nutrition Program. It was moved by Strait and seconded by Dickson the Resolution be a op e , an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X— Dickson X McDonald X Strait Zuber Passed and approved this 14th day of July 1987. MAY ATTEST: CITY`LLERK pecaF.•oet a Ay.Yravad J;y •Can al r,^,M 8711^ 99� LEASE AGREEMENT RECE�V�a // IOWA CITY/JOHNSON COUNTY NUTRITION PROGRAM /� Q (187 THIS AGREEMENT, made and entered into as of the 1st day of July, 1987, by I and between the City of Iowa City, Iowa, a municipal corporation (herein- after referred to as the "City" or "Lessor") and Johnson County, Iowa, a municipal corporation acting on behalf of the Iowa City/Johnson County Nutrition Program (hereinafter referred to as "Lessee"). WHEREAS, pursuant to an Agreement between the City and Johnson County for Senior Center Operation, the City operates the Senior Center to, among I other things, provide a place for senior citizens to meet and participate in programs and activities of interest to those citizens; and WHEREAS, Lessee has entered into an agreement with Heritage Area Agency on Aging to provide elderly citizens of the Iowa City/Johnson County area with nutritional meals as part of the Title III - Federal and State nutri- tion program, which is known locally as the Iowa City/Johnson County Nu- trition Program (hereinafter referred to as "the Program"); and 1 WHEREAS, Lessee has been operating the Program in space provided at the Senior Center pursuant to the Agreement for Senior Center Operation; and WHEREAS, it is in the mutual interest of the parties that Lessee continue iproviding nutritional meals to elderly citizens in the Iowa City/Johnson County, area, NOW, THEREFORE, IN CONSIDERATION OF THE 14UTUAL COVENANTS AND AGREEMENTS CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: FILED Johnson Co. Iowa JUN .;q 1987 i COUNTY AUDITOR .P' 9 I. LEASED SPACE AND SERVICES. A. Subject to the terms and conditions stated below, Lessor shall provide to Lessee 3,692 square feet of space on the first floor of the Senior Center, consisting of staff bathroom, kitchen, assem- bly room, and office '(the "Leased Premises"). Lessee shall also have the use of the Senior Center loading dock. The leased space shall be used by Lessee for carrying out the Program. H. GENERAL A. The kitchen will be available to Lessee for use from 7:00 a.m. to 2:00 p.m. seven days a week. The Lessee may schedule the kitchen for additional time by complying with the Senior Center schedul- ing procedures. B. The assembly/dining room will be available to Lessee for use from 11:00 n•m W. to 1:30 p.m., seven days a week. Lessee may schedule the assembly/dining room for additional time by complying with the i Senior Center scheduling procedures. C. The Nutrition Director's office will be available to Lessee for use on a full-time basis, seven days a week. D. Lessor agrees to provide utilities for the Leased Premises, in- cluding gas, electricity and water. p l�'ILEE9 Johnson Co. Iowa �JJUN �.) 11L988877 / C UTAUDITOR .W 3 E. Lessor agrees to provide janitorial services when the assembly room is used for activities other than the Program, and to return the room to the standard congregate meals set up as determined by the Lessee. F. Appendix A lists the furniture and equipment furnished to Lessee for the Congregate Meals program in its initial operation. Should this Agreement terminate for any reason, the furniture and equip- ment then in use in the Program will be divided between the City and the County pro -rata according to their respective expenditures for acquisition of such furniture and equipment; provided, how- ever, that no fixture shall be removed from the Senior Center. G. The City agrees to make available the services of a copying ma- chine and the City print shop at a nominal per copy cost. H. The City agrees to allow Lessee to use its central telephone sys- tem. Lessee shall pay the charges for its own line, and any cost of installing new lines or equipment in the Leased Premises. I. The City agrees to furnish refuse pickup on a regular basis. ED Johnson CO.l'owa iu1 l�' 00119877 /, AUDITOR 99� 4 III. LESSEE'S OBLIGATIONS A. During the term of this Agreement, Lessee's Program shall provide services and activities in a manner consistent with the purposes and goals of the Senior Center, such Program to include, but not be limited to: 1. Congregate Meals: To provide a balanced nutrition meal at least once per day, seven days per week. 2. Home -delivered Meals: To provide to the homebound a balanced nutritional meal at least once per day, 5 days per week. B. Lessee agrees that its employees and/or volunteer workers shall clean the kitchen and assembly room when used for Congregate Meals such as to leave the area in a clean and sanitary condition. C. Lessee agrees to bag, deposit and/or remove promptly all garbage and/or refuse generated by the Program. D. Lessee's Program Director will, at all times, be responsible for the management and supervision of the Leased Space. E. Lessee shall submit to the Senior Center staff an annual report on services it performed. Such report shall be submitted no later than 60 days after the end of Lessee's fiscal year. FIlLEE) Johnson Co. fowa --�J—U1l-3 U 1987 COUNTY AUDITOR t( e 5 F. Lessee shall submit to Senior Center staff an annual report of requests it has received for services or activities which are not currently provided in Iowa City. G. Lessee shall cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: 1. Monthly total of service units/activities provided. 2. Monthly total of elderly receiving service or participating in scheduled activities (duplicated or unduplicated counts). 3. To the extent it legally may do so, Lessor agrees to treat in a confidential manner all participant information that is jointly gathered. H. Lessee shall submit a written notice at least 30 days before any Program changes. I. Lessee shall be responsible for opening, closing or supervising the building when one of its activities or services occurs at a time when the Senior Center is not open to the general public. 1- IY.�B� Johnson Co. Iowa JUN 30 1998/887%7 IWA 9N Ij J. Lessee agrees that it will apply for and actively seek funding from all Federal and State sources for the maintenance and/or replace- ment of kitchen equipment. However, the cost of such maintenance and/or replacement may be included in the annual operating budget for the Senior Center. iK. Lessee shall promptly reimburse the Lessor for the repair or re- placement of any furniture, fixture, appliance or other object when such repair or replacement results from a negligent act or omission of the Lessee, its employees, officers, or volunteer workers. L. On or before November 1 of each calendar year it shall be the responsibility of the Director of the Program to prepare a report to the Director of the Senior Center which clearly describes the Icondition of all equipment and facilities in the kitchen and assem- bly room used by the Program. The report may be used to determine the budgetary needs for the following fiscal year, and to comply with applicable Federal and State reporting requirements. M. Leasee shall strongly encourage its officers, agents, and employees i i to obtain and maintain in force cardiopulminary resuscitation (CPR) certification. 11- gLELP Johnson Co. Iowa JUN 30 1981 C0UN6011` R 9�� ►A IV. INDEMNIFICATION. Lessee agrees, during and after the term of this Lease Agreement, to defend and indemnify Lessor, and its officers, agents and employees, and to hold them harmless from all losses, costs, liabilities, damages or expenses, directly or indirectly incurred, or arising from, or as a result of, or in connection with, this Lease Agree- ment, the Leased Premises, or any equipment or services provided by Lessor hereunder. IV. NON-DISCRIMINATION. Lessee shall not deny its services to any person on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. V. INSURANCE. During the term of this Lease Agreement, Lessee shall maintain in effect a comprehensive liability insurance policy issued by a company authorized to do business in the State of Iowa, and in a form approved by the City Manager. The minimum limits of such policy shall be as follows: Three hundred thousand dollars ($300,000) single limit coverage for personal injuries or death, and fifty thousand ($50,000) for property damage. Lessee shall, upon request, furnish Lessor with a certificate of such insurance. FILED` ILED` Johnson Co. Iowa JUN 301987 u'W 8 The failure of Lessee to maintain such insurance in force shall con- stitute grounds for immediate termination of this Agreement, and all rights contained herein. VI. ASSIGNMENT. A. This Lease Agreement may not be assigned by Lessee without prior written consent of the Lessor. B. No space assigned to Lessee hereunder may be assigned to any other agency or organization. i VII. TERM AND TERMINATION. This Lease Agreement shall be effective as of July I, 1967, and shall continue until terminated as provided herein, to wit: (a) upon 30 days written notice by either party in the event that there is a material or substantial change in Lessee's program as currently being operated, orb ( ) by Lessor, in the event Lessee breaches any term of this Lease Agreement and fails to correct such breach within five (5) days after notice of default is given, or (c) by either party, without cause, as of June 30 of any year, following ninety (90) days written notice to the other party. .o• i Il'gg.elL U Johnson Co. Iowa JIJN 30 1987 uuUNTY AUDI�h 99�f ■ .o• 9 VIII. NO WAIVER BY CONDUCT. No waiver by Lessor of any default by Lessee hereunder, or under the terms of any prior agreement related to the Leased Premises, shall be construed as a waiver of any subsequent default by Lessee hereunder. IX. COUNTERPARTS, This Lease Agreement is executed in three counterparts, each of which shall be deemed an original. X. ENTIRE AGREEMENT There are no oral agreements that have not been reduced to writing in this instrument, and this writing and the Agreement for Senior Center Operation constitute the entire arrangement between the parties relat- ing to the Leased Premises, superceding all prior agreements relating to the Leased Premises. FILED Johnson Co. Iowa —TJUN J�3+01987 / C�OUNT`Y AUDITOR:'4 9?fi 10 III WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed as of the day and date first above written. The City of Iowa City, Iowa Johnson County, Iowa .. William J. Amb sco, Mayor Title ATTEST: ATTEST: }}, "Jari K. Karr, Ci y C er name Title )FILED" Johnson Co. Iowa JUN 3300o/J1199�877 Y AUDITOR vI i i i I I i' 10 III WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed as of the day and date first above written. The City of Iowa City, Iowa Johnson County, Iowa .. William J. Amb sco, Mayor Title ATTEST: ATTEST: }}, "Jari K. Karr, Ci y C er name Title )FILED" Johnson Co. Iowa JUN 3300o/J1199�877 Y AUDITOR vI 1 j APPENDIX A Kitchen�ent I. Tray and Silver Dispenser. 2. Hot Food Serving Unit. 3. Cold Food Pan Unit, I 4. Solid Top Unit. I 5. Urn Stand, 6. Service Stand (Existing), 7. Ice Maker/Dispenser. 8. Soiled Dish Counter with Pass -Through and Pot and Pan Sink Counter. 9. Clean Dish Counter, 10. Commercial Garbage Dispenser, 11. Commercial Garbage Disposer. 12. Reach -In Refrigerator. 13. Dishwasher with Booster Heater. 14. Mixer. 15. Salad Prep Counter with Sink. 16. Bake Counter with Sink. 17. Walk-in Cooler -Freezer. 18. Convection Oven -Double Stacked. 19. Range, 20. Electric Booster Heater Hatco, 21. Steamer. 22. Bake Ovens (Existing), 23. Cooks Table with Sink, 24. Pot and Pan Racks, 25. Kettle (Existing), 26. Upright/Shelves. 27. Serving Counter. FILED 28. Stainless Steel Tray Slide. Johnson Co. Iowa 29. Miscellaneous Trays and Racks. JUN 30 1987 30. Under counter Bins, 31. Under Counter Drawer Unit. �--- 32. Single Drawer. coui AUDITOR 33. Over Counter Slanted Shelf. 34. Wall Shelf. W I 35. Range Hood and Exhaust Fan. Includes Hot Water Wash and Fire Extinguisher System. 36. Dishwasher Hood and Exhaust Fan. 37. Two Fire Extinguishers. 38. Janitor's Sink. 39. Loading Dock includes Loading Lift. 40. Dumpster, 41. Hand Sink. 42. Two Clocks - donated. Dining 1. 28 Tables. 2. 140 Stacking Chairs. 3. 4 Floor plants. 4. One Clock. Office 1. 2 Desks. 2. 2 Desk Chairs. 3. 1 Side Chair. Staff Toilet 1. Shelf and Coat Rack. Kitchen Additions 1. Griddle. 2. Braising pan. 3. Counter Mixer. 4. Slicer. FGLE —�J—UN 3 0 1987 couNj 99v 99� Aunts . RESOLUTION NO. 87-171 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE VISIT- ING THENURSE IOWAASSOCIATION SEN OR CENTER FORCOUNTY HEALTHFOR CARE PROGRAM. F SPACE WHEREAS, the City of Iowa City is operating a Senior Center for the bene- fit of elderly residents of Johnson County; and WHEREAS, the City has negotiated an agreement with the Visiting Nurse Associtiofor Centerafornthe continuing provision lso of Johnson ofanadulaace at the Iowa dult Senior t day program; and WHEREAS, the City Council deems it in the public interest to enter into an Agreement to provide space, utilities and services at the Iowa City Senior Center for the Visiting Nurse Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the attached Agreement between the City of Iowa City and the Visiting Nurse Association of Johnson County for lease of space at the Iowa City Senior Center for an adult day program. It was moved by Strait and seconded by Dickson the Resolution be a opte ,an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco R Baker X Courtney Dickson X McDonald X Strait X X Zuber Passed and approved this 14th day of Jul_ Y 1987• I)WO pneshr&d B AFS;4reu_- ByAX bercr 127 � I� AGRE MENT CITY OF IOWA CITY/THE VISIT NGENU SE ASSOCIATION OF JOHNSON COUNTY THIS LEASE AGREEMENT, made and entered into as of the 1st day of July, 1987, by and between the City of Iowa City, Iowa, a municipal corporation, herein- after referred to as Lessor, and the Visiting Nurse Association, of Johnson County, Iowa, hereinafter referred to as Lessee. i WHEREAS, Lessee is an organization whose goals are to make the lives of older People more healthful and to help older people keep control of their lives as t long as possible; and WHEREAS, Lessor operates a Senior Center to, among other things, provide a Place for senior citizens to meet and participate in programs and activities Of interest to those citizens; and WHEREAS, it is in the mutual interest of the Lessor and Lessee to attempt to meet Lessee's goals at the Senior Center. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the parties agree as follows: I. LEASED SPACE AND SERVICES. A. Lessor shall lease space to Lessee in the health services room on the ground floor of the Senior Center (the "Leased Premises") on a peri- odic (non -full time) basis for use in providing health screening, health education, foot care and therapeutic massage services to om .P' a 2 senior citizens (the "Program"). The days and times of such use shall be as agreed from time to time by Lessee and the Director of the Senior Center. B. Lessor shall provide heating and cooling to the Leased Premises at a level deemed appropriate for older persons. C. Lessor shall provide regular janitorial service and refuse pick up on a schedule deemed appropriate by the Senior Center staff. D. In addition to and as part of the Leased Premises, Lessor shall supply furniture and equipment needed for Lessee's Program. E. Lessor agrees to make available at a nominal cost per copy the serv- ices of a copying machine and its print shop. F. Lessor agrees that Lessee may use the City's central telephone sys- tem, but Lessee shall pay any cost of installing new lines or other telephone facilities. G. To the extent, and at the times such services are furnished for its own activities, Lessor agrees to make available the services of the Senior Center secretary, or a phone answering device, to accept calls to Lessee on a limited basis when no representative of Lessee is present in the building. W 3 II. LESSEE'S OBLIGATIONS. A. During the term of this Lease Agreement, Lessee agrees to provide services and activities which are consistent with the purposes and goals of the Senior Center, such services to include, but not be limited to: the Health Care Screening and Education, Foot Care and Therapeutic Massage Services. B. Lessee shall submit to the Senior Center staff an annual report on services it performed. Such report shall be submitted no later than 60 days after the end of Lessee's fiscal year. C. Lessee shall submit to Senior Center staff an annual report of requests it has received for services or activities which are not currently provided in Iowa City. D, Lessee shall cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: II. Monthly total of service units/activities provided. P• i 2. Monthly total of elderly receiving service or participating in i scheduled activities (duplicated and unduplicated counts). I 3. To the extent it legally may do so, Lessor agrees to treat in a i confidential manner all participant information that is jointly + gathered. .0. 4 E. Lessee shall submit a written notice at least 30 days before any program changes. F. Lessee shall be responsible for supervision of its clients while they are participants in the Adult Day Care Program at the Senior Center. G. Lessee shall strongly encourage its officers, agents and employees to obtain and maintain in force cardiopulmonary resuscitation (CPR) certification. III. INDEMNIFICATION. i Lessee agrees, during and after the term of this Lease Agreement, to defend and indemnify Lessor, and its officers, agents and employees, I and to hold them harmless from all losses, costs, liabilities, damages or expenses, directly or indirectly incurred, or arising from, or as a result of, or in connection with, this Lease Agreement, the Leased Premises, or any equipment or services provided by Lessor hereunder. i i IV. NON-DISCRIMINATION. Lessee shall not deny its services to any person on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. 770 f.7 V. INSURANCE. During the term of this Lease Agreement, Lessee shall maintain in effect a comprehensive liability insurance policy issued by a company authorized to do business in the State of Iowa, and in a form approved by the City Manager. The minimum limits of such policy shall be as follows: Three hundred thousand dollars ($300,000) single limit coverage for personal injuries or death, and fifty thousand ($50,000) for property damage. Lessee shall, upon request, furnish Lessor with a certificate of such insurance. The failure of Lessee to maintain such insurance in force shall consti- tute immediate termination of this Agreement and all rights contained herein. VI. ASSIGNMENT. A. This Lease Agreement may not be assigned by Lessee without prior written consent of the Lessor. B. No space assigned to Lessee hereunder may be assigned to any other agency or organization. V L .W 6 VII. TERI4 AND TERMINATION. This Lease Agreement shall become effective July I, 1987, and shall continue until terminated as provided herein, to wit: (a) upon 30 days written notice by either party in the event that there is a material or substantial change in Lessee's program as currently being operated, or (b) by Lessor, in the event Lessee breaches any term of this Lease Agreement and fails to correct such breach within five (5) days after notice of default is given, or (c) by either party, without cause, as Of June 30 of any year following ninety (90) days written notice to the other party. VIII. NO WAIVER DY CONDUCT. No waiver by Lessor of any default by Lessee hereunder, or under the terms of any prior agreement related to the Leased Premises, shall be construed as a waiver of any subsequent default by Lessee hereunder. IX. COUNTERPARTS. I This Lease Agreement is executed in three counterparts, each of which shall be deemed an original. .P' 7 X. ENTIRE AGREEMENT. There are no oral agreements that have not been reduced to writing in this instrument, and this writing constitutes the entire agreement be- tween the parties relating to the Leased Premises. IPI WITNESS WHEREOF, the parties have caused this Lease Agreement to be exe- cuted as of the day and date first above written. The City of Iowa City, Iowa AiamJ. Isco, Mayor ATTEST: �I> Mar Tan K. Karr, City Clerk Visiting Nurse Association of Johnson County Name 61'L&a_W. AuC14,. it Te ATTEST: Names Fitle Recelvad & APProvec7 BYTho Local �p-rf, ent .o1 RESOLUTION NO. 87-172 RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH JOHNSON COUNTY SEATS PROGRAM. WHEREAS, the City of Iowa City, Iowa, has negotiated an Agreement with the Johnson County SEATS Program for the lease of space at the Iowa City Senior Center, a copy of said Agreement being attached to the Resolution and by this reference made a part hereof, and WHEREAS, the Senior Center is operated for the benefit of elderly resi- dents of Johnson County, and WHEREAS, the City Council and Johnson County Board of Supervisors deem it in the public interest that space, furnishings, equipment, utilities and services be provided at the Iowa City Senior Citizens' Center for the SEATS Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: That resec- tively,1etoayor and exec to nidyClerk to attestrtheea tachedhLeasedAgreementcwid and th Johnson County SEATS. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 14th day of _ July 1987. ATTEST:, -) 61�TICMRK oived Ey 0 Leg �`Af''Qve4 Do err en1 r" 67 990 .1. LEASE AGREEMENT BETWEEN JOHNSON COUNTY SEATS PROGRAM AND IOWA CITY SENIOR CENTER i i This agreement, made and entered into as of the 1st day of July, 1967, by and between the City of Iowa City, Iowa, a municipal corporation (herein- after referred to as CITY), and the SEATS Program, Johnson County, Iowa (hereinafter referred to as the COUNTY or LESSEE). WHEREAS, pursuant to an Agreement between the City and County for Senior Center Operation, the City operates the Senior Center to, among other things, provide a place for programs and activities of interest to Johnson County senior citizens; and WHEREAS, it is in the mutual interest of the City and County to provide transit service to the elderly and handicapped; and WHEREAS, the County, pursuant to its general powers, has an operation of special elderly and handicapped transit service; and WHEREAS, the City and County deem it to be in the public interest that space, furnishings, equipment, utilities and services be provided at the Senior Center for the SEATS Program's operations. i NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND COUNTY AS FOL- LOWS: E I. LEASED SPACE AND SERVICES. the Cit shall i y Subject to the terms and conditions stated below, I provide space, utilities, furniture, equipment, and parking spaces to the County for the sole purpose of carrying out the Johnson County SEATS program. A. The City agrees to provide 352 square feet of office space, and shared office space for the Director on the second floor of the Senior Center (the "Leased Premises"). Storage space will be provided in the boiler room and parking space for vans will be provided as outlined below: 1. Three (3) parking permits shall be issued to the SEATS vans for parking in the Civic Center parking lot. 2. SEATS vans may use either the passenger loading zones on Washington and Linn Streets or the north entrance ramp to the Senior Center to pick-up or drop-off passengers. 3. SEATS vans may use the passenger loading zones on Washington and Linn Streets for temporary (not to exceed 30 minutes) parking between trips. One van may be parked in each of these spaces at one time. 1 B. The City agrees to provide heating and cooling for the office space at a level deemed appropriate for older persons. �r 99� .P' n 3 C. The City agrees to provide regular Janitorial service and refuse pickup on a schedule deemed appropriate by the Senior Center staff. D. In addition to, and as part of the Leased Premises, the City shall supply the following furniture: 2 desks, 2 desk chairs, I arm- chair, and 2 side chairs. E. The City agrees to make available, at a nominal per copy cost, the I services of a copying machine and its print shop. F. The City agrees that Lessee may use its central telephone system, but the Lessee shall pay the charges for the line to the Leased Premises and any cost of installing new lines or other telephone facilities. II. LESSEE'S OBLIGATIONS. A. During the term of this Agreement, Lessee's Program shall provide services and activities in a manner consistent with the purposes and goals of the Senior Center, such Program to include, but not be limited to, transportation services for handicapped and elderly persons. B. Lessee's Program Director will, at all times, be responsible for i the management and supervision of the Leased Space. i 99to r 4 C. Lessee shall submit to the Senior Center staff an annual report on services it performed. Such report shall be submitted no later I i than 60 days after the end of the Lessee's fiscal year. 0. Lessee shall submit to Senior Center staff an annual report of requests it has received for services or activities which are not currently provided in Iowa City. E. Lessee shall cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: 1. Monthly total of service units/activities provided. 2. Monthly total of elderly receiving service or participating in scheduled activities (duplicated and unduplicated counts). 3. To the extent it legally may do so, the City agrees to treat In a confidential manner all participant information that is jointly gathered. F. Lessee shall submit written notice at least 30 days prior to any program changes. G. Lessee shall be responsible for opening, closing or supervising the building when one of its activities or services occurs at a time when the Senior Center is not open to the general public. 99� .P' A H. Lessee agrees to share the responsibility for giving or receiving information to or from persons using the second floor of the i Senior Center. i I. Lessee shall share responsibility for assisting Senior Center participants in emergency situations such as medical, fire, or tornados. J. Lessee agrees that no supplies or equipment, whether official or personal, other than those found in ordinary offices, shall be brought into its office on the second floor. Boiler room storage space shall be used for supplies related to SEATS vehicles. K. Lessee shall strongly encourage its officers, agents and employees to obtain and maintain in force cardipulmonary resuscitation (CPR) certification. L. Lessee is not acting as an agent for the City in the performance of its obligations hereunder or in operation of the SEATS Pro- gram. III. INDEMNIFICATION Lessee agrees, during and after the term of this Lease Agreement, to defend and indemnify Lessor, and its officers, agents and employees, and to hold them harmless from all losses, costs, liabilities, dam- ages or expenses, directly or indirectly incurred, or arising from, 940 6 or as a result of, or in connection with, this Lease Agreement, the Leased Premises, or any equipment or services provided by Lessor hereunder. IV. NON-DISCRIMINATION Lessee shall not deny its services to any person on the basis of age, race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. i V. INSURANCE During the term of this Lease Agreement, Lessee shall maintain in effect a comprehensive liability insurance policy issued by a company authorized to do business in the State of Iowa, and in a form ap- proved by the City Manager. The minimum limits of such policy shall be as follows: Three hundred thousand dollars ($300,000) single limit coverage for personal injuries or death, and fifty thousand ($50,000) for property damage. Lessee shall, upon request, furnish Lessor with a certificate of such insurance. The failure of Lessee to maintain such insurance in force shall .o• constitute grounds for immediate termination of this Agreement and all rights contained herein. .V' 1 V1. ASSIGNMENT. A. This Lease Agreement may not be assigned by Lessee without prior written consent of the Lessor. B. No space assigned to Lessee hereunder may be assigned to any other agency or organization. VII. TEAM AND TERMINATION. This Lease Agreement shall become effective July 1, 1981, and shall continue until terminated as provided herein, to wit: (a) upon 30 days written notice by either party in the event that there is a material or substantial change in Lessee's Program as currently being operated, or (b) by Lessor, in the event Lessee breaches any term of this Lease Agreement and fails to correct such breach within five (5) days after notice of default is given, or (c) by either party, with- out cause, as of June 30 of any year, following ninety (90) days written notice to the other party. VIII. NO WAIVER BY CONDUCT. No waiver by Lessor of any default by Lessee hereunder, or under the terms of any prior agreement related to the Leased Premises, shall be construed as a waiver of any subsequent default by Lessee here- under. 996 1 .V' 8 LX. COUNTERPARTS. This Lease Agreement is executed in three counterparts, each of which shall be deemed an original. X. ENTIRE AGREEMENT. There are no oral agreements that have not been reduced to writing in this instrument, and this writing constitutes the entire agreement between the parties relating to the Leased Premises, superceding all prior agreements relating to the Leased Premises. IT WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed as of the day and date first above written. AWi TheeCi of Iowa City, Iowa Johnson County, Iowa, am Jie�MaYOr Title ATTEST: ATTEST: n y 'Clerk / D Name Title Reeelved 3 Approved BY Th tegd Dep rtmord Pz9 F7 94� RESOLUTION NO. 87-173 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE VISIT- ING NURSE ASSOCIATION OF JOHNSON COUNTY FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CENTER FOR AN ADULT DAY CARE PROGRAM. WHEREAS, the City of Iowa City is operating a Senior Center for the bene- fit of elderly residents of Johnson County; and WHEREAS, the City has negotiated an agreement with the Visiting Nurse Association of Johnson County for lease of space at the Iowa City Senior Center for the continuing provision of an adult day care program; and WHEREAS, the City Council deems it in the public interest to enter into an Agreement to provide space, utilities and services at the Iowa City Senior Center for the Visiting Nurse Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the attac!I Associ�ationed rofment Johnsonween Countyeforty of lea a Iowa space at thethe IowasCitygNurse Senior f Center for an adult day care program. It was moved by Strait and seconded by Dickson 9 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker R Courtney X Dickson X McDonald X Strait Zuber Passed and approved this 14th day of July 1987. I&AY 0 .O' 1 I � i ATTEST: OAS I i i cutvcvJ 3 Ap;pWVCo L+v Tho 1+-Tul Dern 997 LEASE AGREEMENT CITY OF IOWA CITY/THE VISITING NURSE ASSOCIATION OF JOHNSON COUNTY ADULT DAY CARE PROGRAM THIS LEASE AGREEMENT, made and entered into as of the 1st day of July, 1987, by and between the City of Iowa City, Iowa, a municipal corporation, herein- after referred to as Lessor, and the Visiting Nurse Association, of Johnson County, Iowa, hereinafter referred to as Lessee. WHEREAS, Lessee is an organization whose goals are to make the lives of older people more healthful and to help older people keep control of their lives as long as possible; and WHEREAS, Lessor operates a Senior Center to, among other things, provide a place for senior citizens to meet and participate in programs and activities of interest to those citizens; and WHEREAS, it is in the mutual interest of the Lessor and Lessee to attempt to meet Lessee's goals at the Senior Center. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the parties agree as follows: .0. q97 i .W z I. LEASED SPACE AND SERVICES. A. Lessor shall lease to Lessee classroom space and shall provide use of an office on the second floor of the Senior Center (the "Leased Premises") for use in an adult day care program providing health, exercise and movement therapy, education, group counseling, and social group activities (the "Program"). B. Lessor shall provide heating and cooling to the Leased Premises at a level deemed appropriate for older persons. C. Lessor shall provide regular janitorial service and refuse pick up on a schedule deemed appropriate by the Senior Center staff. 0. In addition to and as part of the Leased Premises, Lessor shall supply furniture and equipment needed for Lessee's Program. E. Lessor agrees to make available at a nominal cost per copy the serv- ices of a copying machine and its print shop. F. Lessor agrees that Lessee may use the City's central telephone sys- tem, but Lessee shall pay the charges for the line to the Leased Premises and any cost of installing new lines or other telephone facilities. 917 :o• 3 ces are furnished for its G. To the extent, and at the times such servi the services of the own activities, Lessor agrees to make available ne answering device, to accept calls Senior Center secretary, or a pho to Lessee on a limited basis when no representative of Lessee is present in the building. II. LESSEE'S OBLIGATIONS. A. During the term of this Lease Agreement, Lessee agrees to provide services and activities which are consistent with the purposes and goals of the Senior Center, such services to include, but not be limited to: the Adult Day Care Program. B. Lessee shall submit to the Senior Center staff an annual report on services it performed. Such report shall be submitted no later than 60 days after the end of Lessee's fiscal year. C. Lessee shall submit to Senior Center staff an annual report of requests it has received for services or activities which are not currently provided in Iowa City. D. Lessee shall cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: I. Monthly total of service units/activities provided. i .P' n 2. Monthly total of elderly receiving service or participating in scheduled activities (duplicated and unduplicated counts). I 3. To the extent it legally may do so, Lessor agrees to treat in a confidential manner all participant information that is jointly gathered. i E. Lessee shall submit a written notice at least 30 days before any I program changes. i F. Lessee shall be responsible for supervision of its clients while they are participants in the Adult Day Care Program at the Senior Center. ' r ( G. Lessee shall strongly encourage its officers, agents and employees }sp to obtain and maintain in force cardiopulmonary resuscitation (CPR) certification. III. INDEMNIFICATION t s Lessee agrees, during and after the term of this Lease Agreement, to { defend and indemnify Lessor, and its officers, agents and employees, and to hold them harmless from all losses, costs, liabilities, damages or expenses, directly or indirectly incurred, or arising from, or as a result of, or in connection with, this Lease Agreement, the Leased Premises, or any equipment or services provided by Lessor hereunder. 9?7 .P' 5 IV. NON-DISCRIMINATION. i Lessee shall not deny its services to any person on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. V. INSURANCE. During the term of this Lease Agreement, Lessee shall maintain in effect a comprehensive liability insurance policy issued by a company authorized to do business in the State of Iowa, and in a form approved by the City Manager. The minimum limits of such policy shall be as follows: Three hundred thousand dollars ($300,000) single limit coverage for personal injuries or death, and fifty thousand ($50,000) for property damage. Lessee shall, upon request, furnish Lessor with a certificate of such insurance. I The failure of Lessee to maintain such insurance in force shall consti- tute immediate termination of this Agreement and all rights contained herein. VI. ASSIGNMENT. A. This Lease Agreement may not be assigned by Lessee without prior written consent of the Lessor. 997 .o1 6 B. No space assigned to Lessee hereunder may be assigned to any other agency or organization. VII. TERM AND TERMINATION. This Lease Agreement shall become effective July 1, 1987, and shall continue until terminated as provided herein, to wit: (a) upon 30 days l or written notice by either party in the event that there is amateriaor substantial change in Lessee's program as currently beingoperated, (b) by Lessor, in the event Lessee breaches any term of this Lease Agreement and fails to correct such breach within five (5) days after notice of default is given, or (c) by either party, without cause, as of June 30 of any year following ninety (g0) days written notice to the other party. VIII. No WAIVER BY CONDUCT. No waiver by Lessor of any default by Lessee hereunder, or under the terms of any prior agreement related to the Leased Premises, shall be construed as a waiver of any subsequent default by Lessee hereunder. i Ix. COUNTERPARTS. This Lease Agreement is executed in three counterparts, each of which shall be deemed an original. 997 o• ' X. ENTIRE AGREEMENT. There are no oral agreements that have not been reduced to writing in this instrument, and this writing constitutes the entire agreement be- tween the parties relating to the Leased Premises. i IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be exe- cuted as of the day and date first above written. The City of Iowa City, Iowa Visiting Nurse Association of Johnson County e�l�tc� illitam J. ibris o, Mayor Name litle i ATTEST: ATTEST: 24a� 2e 32 MarM K. Karr, City ClerkNamed i Title i Rocelvod & Approvoa By to Logal D_op1artn and LTJ f7 997 w RESOLUTION N0. 87-174 RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH THE ELDERLY SERVICES AGENCY WHEREAS, the City of Iowa City, Iowa, has negotiated a Lease Agreement with the Elderly Services Agency, a copy of which is attached to this Resolution, and WHEREAS, the City Council deems it in the public interest to enter into a Lease Agreement to provide space, furnishings, equipment, utilities and services at the Iowa City Senior Citizens Center for the above-named agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: That the Mayor and City Clerk are hereby authorized and directed to exe- cute and to attest the Lease Agreement with the Elderly Services Agency. It was moved by Strait and seconded by Dickson the Resolution be a op , —556-55-6—n—F-51T call there were: AYES: NAYS: ABSENT: _lt_Ambrisco X Baker X_ Courtney —x— Dickson _X_ McDonald — X — Strait _X_ Zuber Passed and approved this 14th day of July 1987. R� ATTEST:�„J CITkCLERK Raeoived R By T b- 4efal ri rtnunl 99g .o• CITY OF I04lAAAGREEMENT CITY ANDELDERLYSERVICES AGENCY THIS LEASE AGREEMENT, made and entered into as of the 1st da of Jul i� by and between the City of Iowa Cit y y� 1987' after referred to as y' Iowa' a municipal corporation, herein- [ Lessor, and the Elderly Services Agency, County, Iowa, hereinafter referred to as Lessee, g y' °f Johnson WHEREAS, Lessee is a non-profit organization whose goals are to make the lives of older people more pleasant, to help older people keep control of their lives as long as possible, and to identify and seek solutions to prob- lems not being otherwise addressed; and WHEREAS, Lessor operates a Senior Center to, among other things, provide a I i place for senior citizens to meet and participate in programs and activities of interest to those citizens; and i i WHEREAS, it is in the mutual interest of the Lessor and Lessee to attempt to meet Lessee's goals at the Senior Center. i NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the parties agree as follows; 1• LEASED SPACE AND SERVICES. A. Lessor shall lease to Lessee 705 square feet of office space in the southwest corner of the ground floor of the Senior Center "Leased premises") for use in the provision of ser(the vices to the eld- erly. .n• • 2 4 B. Lessor shall provide heating and cooling to the Leased Premises at a level deemed appropriate for older persons. i g C. In addition to and as part of the Leased Premises, Lessor shall 4 provide regular janitorial service and refuse pick up on a schedule deemed appropriate by the Senior Center staff. D. In addition to and as part of the Leased Premises, Lessor shall supply the following furniture: five desks, one desk return, four desk chairs, six side chairs, one secretarial chair, and two files. E. Lessor agrees to make available at a nominal cost per copy the serv- ices of a copying machine and its print shop. F. Lessor agrees that Lessee may use the City's central telephone sys- tem, but Lessee shall pay the charges for the line to the Leased Premises, plus any cost of installing new lines or other telephone facilities. II. LESSEE'S OBLIGATIONS. A. During the term of this Lease Agreement, Lessee agrees to provide services and activities which are consistent with the purposes and goals of the Senior Center, such services to include, but not be limited to, information and referral, outreach, advocacy, chore and respite care service, and shared housing. .0. 3 B. Lessee shall submit to the Senior Center staff an annual report on services it performed. Such report shall be submitted no later than 60 days after the end of Lessee's fiscal year. C. Lessee shall submit to Senior Center staff an annual report of requests it has received for services or activities which are not currently provided in Iowa City. D. Lessee shall cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: 1. Monthly total of service units/activities provided. 2. Monthly total of elderly receiving service or participating in scheduled activities (duplicated and unduplicated counts). 3. To the extent it legally may do so, Lessor agrees to treat in a confidential manner all participant information that is jointly gathered: E. Lessee shall submit a written notice at least 30 days before any program changes. F. Lessee shall strongly encourage its officers, agents, and employees to obtain and maintain in force cardipulmonary resuscitation (CPR) certification. .W 4 III. INDEMNIFICATION. Lessee agrees, during and after the term of this Lease Agreement, to defend and indemnify Lessor, and its officers, agents and employees, and to hold them harmless from all losses, costs, liabilities, damages or expenses, directly or indirectly incurred, or arising from, or as a result of, or in connection with, this Lease Agreement, the Leased Premises, or any equipment or services provided by Lessor hereunder. IV. NON-DISCRIMINATION. A. Lessee shall not permit any of the following practices; 1. To discharge from employment or refuse to hire any individual because of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of race, creed, color, na- tional origin, religion, age, sex, marital status, sexual orientation, or disability. B. Lessee shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation or disability. 0 .V' E V. INSURANCE. During the term of this Lease Agreement, Lessee shall maintain in effect a comprehensive liability insurance policy issued by a company authorized to do business in the State of Iowa, and in a form approved by the City Manager. The minimum limits of such policy shall be as follows: Three hundred thousand dollars ($300,000) single limit cover- age for personal injuries or death, and fifty thousand ($50,000) for property damage. Lessee shall, upon request, furnish Lessor with a certificate of such insurance. The failure of Lessee to maintain such insurance in force shall consti- tute immediate termination of this Agreement and all rights contained herein. VI. ASSIGNMENT. A. This Lease Agreement may not be assigned by Lessee without prior written consent of the Lessor. B. No space assigned to Lessee hereunder may be assigned to any other agency or organization. ,P' f C VII. TERM AND TERMINATION. This Lease Agreement shall become effective July 1, 1987, and shall continue until terminated as provided herein, to wit: (a) upon 30 days written notice by either party in the event that there is a material or substantial change in Lessee's program as currently being operated, or (b) by Lessor, in the event Lessee breaches any term of this Lease Agreement and fails to correct such breach within five (5) days after notice of default is given, or (c) by either party, without cause, as of June 30 of any year following ninety (90) days written notice to the other party. VIII. NO WAIVER BY CONDUCT. No waiver by Lessor of any default by Lessee hereunder, or under the terms of any prior agreement related to the Leased Premises, shall be construed as a waiver of any subsequent default by Lessee hereunder. IX. COUNTERPARTS. This Lease Agreement is executed in three counterparts, each of which shall be deemed an original. 0 7 X. ENTIRE AGREEMENT. There are no oral agreements that have not been reduced to writing in this instrument, and this writing constitutes the entire agreement be- tween the parties relating to the Leased Premises. IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be exe- cuted as of the day and date first above written. The City of Iowa City, Iowa Elderly Services Agency of Johnson County A&L Wi iam J. m r sco, ayor Name U Title ATTEST: 1401MK. Karr, City Clerk .v, ATTEST: N� Title BY the lagnl Oeparhne t //8 RESOLUTION NO. BZ -175 EXECUTION RESOLUTION AUTHORIZINGN OF LEASE AGREEMENT WITH THE AMERICAN ASSOCIATION OF RETIRED PERSONS. WHEREAS, the City of Iowa City, WHEREAS, Association of Iowa Cid Iowa, Amer tach Persons has negotiated a lease ed to the Resolution and by this reference made a said with the WHEREAS lease being the City Council Part hereof, and the lease to Provide space deems it in the public interest at the Iowa City Senior Citizensfurnishin utilitiestanter Center�forutheeabovutili d s into NOW, THEREFORE services BE IT RESOLVED BY THE CITY COUNCIL: agency. That the Mayor and nd to Clerk are hereby authorized and That a execute a Retired Persons, attest the Lease the directed tionrespo_ with American Association of It was moved by Strait the Resolution bei_'55155p e , an upon ra and seconded by Dickson AYES: call there were: ------ HAYS: ABSENT: —X —X —X _ Passed and approved this 14th da of July ATTEST: .W Ambrisco Baker Courtney Dickson McDonald Strait Zuber Raceived d Tim AFWrovro ! ByLegal Dep rtr eM � a' /Q7Q I 1�cs. i .1. cphl Glerk ill" LEASE AGREEMENT CITY OF IOWA CITY AND AMERICAN ASSOCIATION OF RETIRED PERSONS THIS LEASE AGREEMENT, made and entered into as of the 1st day of July, 1987, by and between the City of Iowa City, Iowa, a municipal corporation, herein- after referred to as Lessor, and the American Association of Retired Persons, Chapter 1816, of Johnson County, Iowa, hereinafter referred to as Lessee. WHEREAS, Lessee is a non-profit corporation whose goals are to make the lives of older people more pleasant, to help older people keep control of their lives as long as possible, and to identify and seek solutions to problems not being otherwise addressed; and WHEREAS, Lessor operates a Senior Center to, among other things, provide a place for senior citizens to meet and participate in programs and activities of interest to those citizens; and WHEREAS, it is in the mutual interest of the Lessor and Lessee to attempt to meet Lessee's goals at the Senior Center. i NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the parties agree as follows: I. LEASED SPACE AND SERVICES. A. Lessor shall lease to Lessee 168 square feet of office space on the i ground floor of the Senior Center (the "Leased Premises") for use in the provision of education and community services to the elderly. 0 1 B. Lessor shall provide heating and cooling to the Leased Premises at a level deemed appropriate for older persons. C. In addition to and as part of the Leased Premises, Lessor shall provide regular janitorial service and refuse pick up on a schedule deemed appropriate by the Senior Center staff. D. In addition to, and as part of the Leased Premises, Lessor shall supply the following furniture: one desk, one desk chair, two side chairs. E. Lessor agrees to make available at a nominal cost per copy the serv- ices of a copying machine and its print shop. F. Lessor agrees that Lessee may use the City's central telephone sys- tem, but Lessee shall pay the charges for the line to the Leased Premises, plus any cost of installing new lines or other telephone I facilities. I G. To the extent, and at the times such services are furnished for its own activities, Lessor agrees to make available the services of the Senior Center secretary, or a phone answering device, to accept calls to Lessee on a limited basis when no representative of Lessee is I present in the office. 3 11. LESSEE'S OBLIGATIONS. A. During the term of this Lease Agreement, Lessee agrees to provide services and activities which are consistent with the purposes and goals of the Senior Center, such services to include, but not be limited to, tax aid, rent reimbursement information, property tax credit information, peer counseling, Medicare and Medicaid assis- tance, volunteer training, driving education, and Institute of Lifetime Learning. i B. Lessee agrees to staff its office with volunteers a minimum of 30 hours per week. C. Lessee shall submit to the Senior Center staff an annual report on j services it performed. Such report shall be submitted no later than 60 days after the end of Lessee's fiscal year. D. Lessee shall submit to Senior Center staff an annual report of 4 requests it has received for services or activities which are not currently provided in Iowa City. E. Lessee shall cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: I' 1. Monthly total of service units/activities provided. i i .o• S receiving service or participating in Z. Monthly total of elderly rdu licated counts)' scheduled activities (duplicated and uP 3, To the extent it legally may do so. Lessor agrees to treat in a confidential manner all participant information that is jointly gathered• before any written notice at least 30 -days F. Lessee shall submit a I program changes. closing or supervising the G. Lessee shall be responsible for opening, at a time building when one of its activities or services occurs public• when the Senior Center is not open to the general encourage its officers, agents and employees N, Leasee shall strong1 Y ulmonary resuscitation (CPR) li to obtain and maintain in force cardiop certification. 1 Ill. INDEt�II and after the term of this Lease Agreement, to Tees, during to ees, Lessee a9 and its officers, agents and enp Y defend and indemnify Lessor, damages and to hold them harmless from all losses, costs, liabilities, ctly or indirectly incurred, or arising from, or as a or expenses, dire result of, or in connection with, this Lease Agreement, the Leased premises, or any equipment or services provided by Lessor hereunder. 5 fy. NON-DISCRIMINATION. rson an the basis of race. Lessee shall not deny its services to dry marital status, sexual creed, color, sex, national origin, religion, orientation, or disability. y. INS_ During the term of this Lease Agreement, Lessee shall maintain in effect a comprehensive liability insurance policy issued by a company authorized form approved b to do business in the State of Iowa, and in a y the City Manager. The minimum limits of such policy shall be as follows: Three hundred thousand dollars ($300,000) single limit coverage for personal or death, and fifty thousand (;50,000) for property damage. injuries Lessee shall, ith a certificate of such upon request, furnish Lessor w insurance. The failure of Lessee to maintain such insurance in force shall consti- t and all rights contained tute immediate termination of this Agreemen herein. VI. ASSIGNMENT. •P' A. This Lease Agreement may not be assigned ay Lessee without prior written consent of the Lessor. r M1 I .P' 6 B. No space assigned to Lessee hereunder may be assigned to any other agency or organization. t E VII. TERM AND TERMINATION. F i ji E This Lease Agreement shall became effective July 1, 1987, and shall continue until terminated as provided herein, to wit: (a) upon 30 days written notice by either party in the event that there is a material or substantial change in Lessee's program as currently being operated, or (b) by Lessor in the event Lessee breaches any term of this Lease Agreement and fails to correct such breach within five (5) days after notice of default is given, or (c) either party, without cause, as of June 30 of any year following ninety (90) days written notice to the other party. VIII. NO WAIVER BY CONDUCT. I iNo waiver by Lessor of any default by Lessee hereunder, or under the I terms of any prior agreement related to the Leased Premises, shall be construed as a waiver of any subsequent default by Lessee hereunder. IX. COUNTERPARTS, This Lease Agreement is executed in three counterparts, each of which shall be deemed an original. ,I� 7 X. ENTIRE AGREEMENT. There are no oral agreements that have not been reduced to writing in this instrument, and this writing constitutes the entire agreement be- tween the parties relating to the Leased Premises. IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be exe- cuted as of the day and date first above written. The City of Iowa City, Iowa AARP of Johnson County _ Wil am J. Ambr' co, ayor Name W lisle ATTEST: ATTEST: L�I�[dMl !S. 7CQM � l�l/J � IiPI • 9lY-JJU Vf [ Martan K. Karr, City Clerk Name/ 3_0 Jam+ XJu„ i e I i i i r mired a APPrevec 9y 4Sel De �l�'f7 I .n• RESOLUTION NO. 87-178 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF WHEREAS, STREB CONSTRUCTION Co,,.INC has submitted 6'!. est i of 1 for t e construction of the above-named project. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, I. That the contract for the construction of the above-named project is hereby awarded to STREB CONSTRUCTION CO. INC. subject to the con it on t at awar ee secure a equate performance bon , insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Zuber and seconded by McDonald that the resolution as rea e a opte ani—upon roll call there were: AYES: NAYS: ABSENT: Y Ambrisco Y Baker Y Courtney Y Dickson Y McDonald Y _ Strait Y Zuber Passed and approved this 14th day of July 1987 . YR y ATTEST: _� JQ �;) LE �(/ ) ed 8 eparMwni �`L``I"f�Y CLERK ,/�, loos )5 A""'1111DW FOR BIDS ry87 ALLEY PAVI Nf PROJECT Sealed the C-tls Clerk of will be received by the City Y of Iowa Cit I "l, on the 7th day of Jul Y' aa, until 2:00 'vediately thereafter Y' 1987 and open Proposals will be a b1' the City Engineer, a mreeting to be held in tCapon ncileCCity Council at Plac on Jey, en, 1987, or at such la h&iberS at d 1 plaTheaworky then be fixed. will involve the following: l P,C,C� construction siabs OF six (6) and seven (7 inch drain with the necessary grading, 9e faciow71atCi locations in I t dr11 Ys, etc. in j All work is to be Y' Iava, ' the plans ands done in strict corpliance with Fanner EPecifications prepared by Francis K. which havelerette Engineer of Iopublu wa City. Iowa, i Council, and are on filealproved by the City the Office of the City Clerk, examnation in Whenever reference is node to the "Stardard Specifications", it shall be the ,Standard Specifi- Oft198 far Highway and Bridge Construction,, Series i Iowa. 884, I0A Oepartrrpnt of Transportation, A,es fu Each Proposal City be cmpleted on a fon, I sealed envel and oust be accopenied in a the Proposal, � etoffrom the one containing bid security: (I) thr a certithe fied following forms of drawn order on a solvent Iac bank o cashiers check I the laws of the United States oberne chartered share draft drawn on a credit union in certified chartered under the laws of the United States, in an amount equal to 10% of the bid, or (2) a bid executed by a corporation authorized to t a wrecontrac ty in the State of Iowa, in a Penal sun of 10% the bid.The id security shall be ma to de payable to the TW CITY OF IM CITY I S be forfeited to the Cit OWA, and liquidated doges in the eYventof lows City as bidder fails to enter into a contract successful (10) days and Post bond satisfactory within ten insuring the faithfulto the City I and ,aintenance of said fOMnce of the contract to the provisions ai this work, if requite' Pursuant contract dogmonts. Checks of and the other Wore bidders ,ey be retained far hest two or or excee ectioo fifteen days until a contractof isae after the canvass Other checks will be returned icarpleted and reported ato teCCity iCounc'ifl bids is i AF -1 /100s- Payment to the Contractor will be mede as specified in the "Standard Specifications", Article 1109.06. The successful bidder will be required to furnish a bad in an amount equal to one hundred percent (100%) of the contract price, said bad to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all j materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the innprovement for a } period of five (5) year(s) from and after its h conpletion and acceptance by the City. The following limitations shall apply to this f project: t Working Days: 45 i Crnpletion Date: September 18, 1987 Liquidated Damages: $200 per day The plans, specifications, and proposed contract ! documents may be examined at the Office of the City f Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Francis K. Fairer, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of the bids. Prospective bidders are advised that the City of Iowa City desires to erploy minority contractors and subcontractors on City projects. j The Contractor awarded the contract shall submit a list of proposed subcontractors along with quanti- ties, unit prices and amounts before starting construction. If no minority business enterprises (ME) are utilized, the Contractor shall furnish documentation of all efforts to recruit rEE's. A listing of minority contractors is available and can be obtained fonm the Civil Rights Special- ist, at the Iowa City Civic Center, by calling 319/356-5022. By virtue of statutory authority, preference will be given to products and provisions grain and coal produced within the State of Iowa, and to Ias donestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. :P• The City reserves the right to reject any or all ` proposals and to waive technicalities and irregular- ities. Published rpm order of the City Council of Iowa City, Iowa. 40 �"� WRICI.EfdC AF -2 poor u RESOLUTION NO. 87-179 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST i AN AGREEMENT WITH UNITED ACTION FOR YOUTH, FOR THE USE OF 1987 COMMU- NITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO ACQUIRE THE PROPERTY AT e 410 IOWA AVENUE TO SERVE AS A YOUTH SERVICES CENTER. r j WHEREAS, the City is a recipient of Community Development Block Grant (CDBG) funds 9 under Title dI by he the Housing and tof Comn Co mmunity nDeveand lopment Act Development 1974, (HUD) s P amended (Public Law 93-383); and s WHEREAS, United Action for Youth operates a counseling and delinquency pre- vention program for youths and is in need of adequate facilities to house these programs; and F WHEREAS, a single center combining the services offered by United Action for Youth, the Mayor's Youth Employment Program and office space for Youth Homes Inc., would provide more efficient and better coordinated service to Iowa City youth in need of such programs. TF,IT ea horiHCITY COUNCIL OTHE CITY tTIOWA,that the Mayorbtzetsign and the CityClerk o attstan agreement with United Action for Youth to acquire the property at 410 Iowa Avenue to serve as a Youth Services Center. Said agreement is attached to this resolution and is incorporated by this reference herein. It was moved by Strait and seconded b the Resolution be a op an upon ro call there were: Dickson p F e AYES: NAYS: ABSENT: X Ambrisco �_ Baker Courtney X Dickson R McDonald R Strait �— Zuber Passed and approved this 74 day of _July 1987. UA�7 YOR {{i :o• I ATTEST: tL( 2e New j L111 CLERK 1 Rualvod $ Pppeovou By Tho Leel Cepa Mlanf 2 /� JC7 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACTION FOR YOUTH FOR THE USE OF COMMUNITDY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this i6' day of v 4t and between the City of Iowa City, ­amunicipal corporation (herein referred to as "City"), and United Action for Youth (herein referred to as "Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and i WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in ac- quiring a property to serve as a Youth Services Center; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I I. PURPOSE AND SCOPE OF SERVICES: A. I. The Agency shall acquire the property at 410 Iowa Avenue and the adjacent parking lot, to serve as a Youth Services Center (here- inafter referred to as "the Project"). 2. The Agency shall provide youth counselling and delinquency pre- vention programs for a minimum period of seven (7) years from December 30, 1987. B. Development of architectural designs for the project and all require- ments for issuance of an occupancy permit shall be the responsibility of the Agency. C. Acquisition procedures shall be carried out according to HUD stan- dards, and shall be monitored by the City. D. Upon completion, the facility shall comply with all applicable state and local building codes and shall be used solely for the purpose of a Youth Services Center. II. TIME OF PERFORMANCE: The Agency shall perform according to the following schedule: Program Element Deadline i 1. Execute Contract for Project with City July 28, 1987 0 2. Complete Project 3. Facility in operation following December 30, 1987 Project Completion December 30, 1987 through December 30, 1994 VA This schedule is subject to change by mutual agreement of both parties in writing. III. PROPOSED PROJECT B906ET: 570,000 A. Property Acquisition COMPENSATION AND METHOD OF PAYME►R IV. agrees to accept in full no more than Agency The City shall pay and the A9 y for performance under thisAgreement, 570,000 (seventy thousand dollars) I as follows: closing of the a ment shall be made no scone r than the a ro ect. Full P y and after HUD has released funds for the p j purchase, V. TE1iMS AND CONDITIONS: or liability for the mainte- shall have no responsibility Agency. A; The cityshall or program funding for the 1994, the Agency shall, in a manner nance, and provide B ; Until at least December 30, satisfactory to the City, fulfill its stated purpose continued service• Agreement, effective as of the caret and the period of this Of A9 at its own expense, P C. During enc shall, insurance Proofaof the project, the Agency damage and liability ro erty• of the maintain all-risk property b furnishing a coPY of not less than the current market value of the P licensed to to an insurance company insurance insurance shalli�surancenissueh by ane I The certificate of company certificate °in the State of Iowa• that the insurance 5e of j do business statement guaranteeing , days of the lap Et shall include a shall notify the CDBG Coordinator within 30 4 said policy• transfer any legal or equitable assign or rior to December 30, 1994, shall not sell, at any time P prior D. The Agency ro erty the City- In the event that, withouttwritten in the concurrence of elects to sell orotherwise ! 1994, the Agency share of the 11 to December 301 uitable interest in the property rorated after fer legal or eq shall pay to the City balance remaining this program, the Agency elapsed under 570,000. The prorated share shall be 0 000 for each month money and deducting $833.33 from 530+ 1987 This obligati°urchase be secure subordinated to a P of the byreamlienafter theDecember properaY, Such lien shall be in the form rehabilitation loan mortg 9 Agreement shall be mortgage attached hereto. of this Ag 1994. o' provided herein, the terms h December 30, i E. Except as P the date of execution throug effective from /00(o .P' PART II I. PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, insurance policies, and officeco�f utheaIowas City ted to Communityreuired Devel pmentthis BlockGrant to the Agreement Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. B. Not later than December 30, 1987, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. C. Following completion of the Project, the Agency shall submit annual reports by the first day of September of each contract year: The annual report shall, at a minimum, include statistics pertaining to the number, income status, race and place o served'at the Agency's f residence of clients Agencys fiscal status. facility and a summary accounting of the D. the For projects involving $25,000 or more, an audit report which meets and Local Governments," fandh which din isclosesr he 2expend iture OfState SCDBG funds allocated for this Project, shall be submitted by April 30, 1988. p E. No reporting requirements shall extend beyond December 40, 1994. II. OTHER REPORTS AUDITS AND INSPECTIONS: The Agency furnish A ments, records,11data�andlyinformationhasCity or the Cit HUD r with such state- [ bly request pertaining to this Agreement. y HUD may reasona- B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the CitY. HUD and/or the Comptroller General of the United States, or their duly authorized a representatives, all of the Agency's records in order to r examination of any audits, invoices, materials Permit €(( records, conditions Of employment, and other materials, ayrelatinge to mall matters covered by this Agreement: j C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termi- nation of this Agreement. III: NON -DISC -ION: No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion (creed) I tion�n' sex, marital status, handicapping condition, or sexual onationa rienta- All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. /004P .o• IV.. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Charegulationnster AofS the U.Ste . Department ofheHousing nand Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION: The Agency shall assist the City in complying with all applicable envi- ronmental assessment and historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. VI. LEAD-BASED PAINT POISONING PREVENTION: The Agency shall comply with requirements of Section 302 of the Lead - Based Paint Poisoning Prevention Act and HUD regulations thereunder (24 CFR Part 570) insofar as they apply to the performance of this Agree- ment. VII. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in z timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default, or defaults, are remedied within such grace period. In the event of such termination, the Agency shall promptly repay to the City the full contract amount of $70,000. VIII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agree- ment pertains, shall have any private interest, direct or indirect, in this contract. IX. INTEREST OF THE AGENCY: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through /0Qw theAAgr ement, nohpersonc hav��her covenants that in the Agreement, Agency. g such an interest Performance of X. ASSI6-L Ty shall be employed by i ' The Agency the without not rtheny interest in this Agreement without such pconsent i upon and shall shall be void, City, Any assignmet I+ parties hereto,�nure to the benefit of This Agreement made the successors and ass,be binding XI, HOLD HARMLESS PROVISION: Of the The Agency shall OfficersI employees sd and indemnify. defend and liability los the City, its and Cc a pense g reasonable all Y, loss performance of °r incurred by reason tapnan s fees and court dosage of this Agreement. Y actions based upon the XII. LIMITATIONS OF CITY LIABILITY - The Cit DISCLAIMER OF RELATIONSHIP: tion Y shall not be liable to the Pro•ect °r failure to complete an Agency, or to any art Nothing contained in this q improvements Which y' for comple- the City, the A Agreement,, are part of the deemed or Onsruey� any is , nor any act or creaof teedany gelat' ship of third -party tarties9eor by any parties hallnt Of the o be limit or relationshi Partnership, or beneficiary, princi Persons, to J p involving the City, Joint vonture, or of pal and agent, ( IN WITNESS WHEREOF, the any association i lam_ day of parties hereto have l executed this q 198 7 greement on this CITY OF IOWA CITY 1. i ayor IOWq Uh.F�I qc�YO,&(a enc Y name) By, irecor i ATTEST: Exec ve Dt �� i a. ��L_ ATTEST; I I Recely 9yO L Nal Q"ne t /G04 RESOLUTION NO. 87-178 RESOLUTION AUTHORIZING AN AMENDMENT TO THE MARCH 12, 1986, AGREEMENT WITH THE IOWA CITY CRISIS INTERVENTION CENTER, REDUCING THE AMOUNT OF THE LIEN AGAINST THEIR NEWLY ACQUIRED PROPERTY AT 322 EAST FIRST STREET AND EXTENDING THE DEADLINE FOR COMPLETION OF REHABILITATION OF THAT PROPERTY. i. WHEREAS, the City of Iowa City is the recipient of funds granted by the United States Department of Housing and Urban Development (HUD) under Title I I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City Council deems it is in the public interest to provide assistance to those persons needing crisis and/or emergency support services; and WHEREAS, the City of Iowa City and the Iowa City Crisis Intervention Center executed an Agreement, dated March 12, 1986, to use CDBG funds to acquire, e rehabilitate and utilize a facility for ICCIC's services; and WHEREAS, the parties wish to reduce the amount of the original lien against the property acquired for ICCIC's purposes and to extend the deadline for completion of the rehabilitation to the property, and have negotiated the attached amendment to that effect. f NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest to the attached amendment to the March 12, 1986, Agreement with the Iowa City Crisis Intervention Center. r It was moved by Strait and seconded by Zuber the Resolution be adopted, an upon ro call there were: E ;. AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 14th day of July 1987. , �l ATTEST:ua A j C INLIERK Received b Approved I By The [gal Drrarfa,enl 1 I ADO .1. Amendment to Agreement Iowa City and the Iowa City Crisis Interventiondatedet4archCl2, Agreement, Of The City changes in community agree to the following Community the funds to ac Block Grant (CDBG) with emergency 1986, for the use of for local residents rehabilitate and utilize a facility quire, needs and for transients. A) part 1.2. Deadline Program October 30, 1986 1. Acquire property Contract for rehabilitation June 1, 1987 November 1, 1987 2. F 3, Complete rehabilitation property/begin facility November 1, 1987 E, 4, Occupy Continoperatue operations 5. Continue facilityNovember December 1, 1987 to 30, 1994 C: f B) Part 1.4(E) r ita- within seven (7) years from the date of In the event ICCIC elects to sell or otherwise transfer legal Iowa uCity ble interest in the property the City reement, ICCIC will Pay less 51,104.76 for execution of this Agree price of the property) $92,600, (which is the p each full month which has elapsed between November 30, 1987 and November 30, 1994.and C) The date for reporting requirements referred to in Parts 2.1(A)(p ) 2,2(E) shall extend to November 30, 1994. t IN WITNESS WHEREOF, the parties hereto have 19B7uted this contract on this _ I� /1 day of CITY OF IOWA CITY ayor ATTEST C; Clerk IOWA CITY CRISIS INTERVENTION CENTER By IC IC Represenave ATTEST Wit ss Rmelvod & Ap:,u'OVVI By rt-al Dca��rlmarrt .P' W 14 RESOLUTION N0: 8787-179 RESOLUTION AMENDING RESOLUTION NOS. THE RIVERFRONT COMMISSION'S MEMBERSHIP OF 76-354 ANO 13-lqB; gHHp APPROVING THE RIVERFRONT COMMISSION OF THE LAWS OF IOWA. ALTER THE WHEREAS IOWA CITY, the City Council of the City of Iowa Public interest to establish a commission area of riverfront regulations and City has deemed to assist the City Council in the the WHEREAS; POf�cY, and described Resolution No. 73-148 established its power, authority; membershipa Riverfront WHEREAS and terms of Commission, and the Commission members; and membership and delete and City it deem it desirable Commission representative onrtheirement that there be a p t° reduce the Riverfront Commission; fanning and Zoning NOW, THEREFORE, BE IT RESOLVED By IOWA, THAT: THE CITY COUNCIL OF THE CITY OF IOWA CITY, I. Paragraph 1 of Resolution N0. 76-354 be amended in its entirety to read as follows: The Riverfront sist of ten (10) members* of the City of Iowa Cit electors of the citemof I' Six (6) of the members' Iowa of the Cit Y of Iowa Cit must be shall y of Coralville y; one (1) member shall be idene Y, excluding resident; three a resident Sion members shall be appointed IoWa3Cithall be residents of Johnson the members PPointed in the folloai�oralville. The Co appointed b ' including those from g manner: nine mnis- a Y the Cit outside (9) of Mayor, One y Council of Iowa Cit Iowa City, shall (1) member shall be appointed on recommendation b he Cit upon the recommendation of the Parks and he Cit Y the Members shall serve without com Y Council is Iowa necessary expenses, pensation Recreation Commission, charge of their including travel ex but shall r entitled duties. Penses, incurred to the 2• The last sentence of in the dis- deleted (to delete Paragraph 3 of Resolution member's term of office reference to the Planning No, 73-148 and amended 9 and Zoning o hereby 3• The term to read as follows: 9 Commission reation Cof office for the member recommended b mnission shall be a one-year term, y the Parks and 3• Amendments of Rec- Bylaws, is of tcle II, Sections 1 and 2 of the representative requirement, which of the PlanningRiverfront commis- sion, are hereby which were a and Zoning Commission Y approved, approved by the Riverfgront�ommisn Resolution No. 87-179 Page 2 It was moved by \Nl pnj 1 and seconded by Baker the Resolution be adopted, and upon ro call there were: AYES: NAYS: ABSENT: XAmbrisco �x Baker — Courtney �— Dickson —R— McDonald X Strait Zuber Passed and approved this 14th day of July 1987. AM `R ATTEST: AIT C/�% !.l I T�CLERK r /DOS e I 01 iq RESOLUTION NO. 8787 RESOLUTION AUTHORIZING CITY ATTORNEY TO COMMENCE CONDEMNATION PROCEEDINGS IN CONJUNCTION WITH SCOTT PROJECT LAND ACQUISITIONS, BOULEVARD IMPROVEMENTS WHEREAS, the City of Iowa City has undertaken a project to relocate and pave Scott Boulevard between Court Street and Rochester Avenue (the "Scott Boulevard Improvements Project"); and WHEREAS, in order to complete the Project it is necessary to acquire fee title to some land and temporary construction easements over other land along the proposed right-of-way; and WHEREAS, in order to complete acquisition of those land rights in a timely manner, it may be necessary to undertake eminent domain proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: and rosThe City Attorney and his staff be and hereby are authorized to commence such acquire landtrights for eminent the Scott BoulevardIs as improvem nts Projecbe t ssary to It was moved by M Donald the Resolution be --a op a an upon rolldcallotherebwereDickson AYES: NAYS: ABSENT: X X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT Passed and appZUBER roved this 14th day of July �_ 1987. ATTEST: �- Dy 7ha t: 'QR,'r°vad I7al Dzp rnnan t 74 P)_ a I )o c RESOLUTION NO. 8787.181 RESOLUTION REQUESTING SUBMISSION OF THE QUESTION OF THE IMPOSITION OF A LOCAL SALES AND SERVICES TAX TO THE QUALIFIED ELECTORS OF THE INCORPO- RATED AND UNINCORPORATED AREAS OF JOHNSON COUNTY. WHEREAS, the need exists in the city of Iowa Cit nues, over and above real property tax, state and federal revenues, fund basic cit y, Iowa, for additional reve- y services; and WHEREASin order to local S, Section of the Iowa Code Provides for the imposition of certain ' including a local sales and services tax; and WHEREAS, subsection 5 6 question of the imposition ofOf sailocaltion sales 422B.1 lservices tax shall be to the qualified electors of of the Code Provides that the county upon receipt b the countyincorporated and unincorporated areas of the motions, requestingy commissioner of election the cit such submission of the motion or y or cities within the count adopted by the governing body tion of the county; and y representing at least one-half of popula- WHEREAS, the City Council of the City of Iowa Cit of a city whose population constitutes in excess of one - of Johnson Count y' Iowa, is the governing body County; and half of the WHEREAS Population local sales,thi Ci erCouncilces desires it s that tethe to the question li the imposition of a incorporated and unincorporated areas of Johnson County; electors of the WHEREAS, this City Council has determined that y' and the imposition of a local sales and , in the event of the approval of i t'e i ,000.00 or a of services tax in Iowa Cit is less, to the revenues derived from said tax each Year will devote be devoted tothe tax relief, and that the remainder of said revenues will ices; and maintenance and improvement of the City's year, whichever Program of serv- WHEREAS, since pursuant City. Hills, University Heightsn 4228'1Coralv' subsille andtion 7(a) the cities of Iowa contiguous cities," the localsalesand services tax be imposed in all of said cities if a majorityLiberty constitute vote in favor of its im of the combined vote of those voting Imposition; and g in said cities WHEREAS, it will therefore be necessary to utilize the " of ballot proposition, as propagated by the Iowa Secretor the Secretary' contiguous cities" form s rule making Power; and y of State Pursuant to WHEREAS, said form of ballot designate the Proposition allows each of the five said cities to devoted to percent or amount of local option tax revenues that would be said revenuesrwouldybea used for;' lief and the proposed use and that the remainder of WHEREAS, Johnson naCouthe and the other cities in the county are also allowed tsimo ! would be devoted to Percent or amount of n tax der of said revenuespwouldtbetusedeforfin their respectlocal Pveojurisdictions. es that i and the proposed uses that the remain - /O/D Resolution No. 87-181 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that this City Council does hereby request the Johnson County Commis- sioner of Elections to submit the question of the imposition of a 1% local sales and services tax to the qualified electors of the incorporated and unncorported areas of ecial lection oniOctobera6, 1987, said Jtax sCounty, to be i s d effectivIowa, at a e Januaryeto be held 1, 1988, t ' AND BE IT FURTHER RESOLVED that the ballot proposition state that the proceeds ^; of the local sales and services tax will be applied and used as follows: 1. $1,000,000.00 or 50%, whichever is less, for debt service property tax relief; and s 2. The remainder of said revenues for maintenance and improvement of the pCity's program of services; subject to such variation in the form of the ballot proposition regarding application and use of local sales and services tax revenue as may be instructed by the Johnson County Board of Supervisors or by the governing i oefConmissiof Elections the other cities in Johnson norobeforerJulye23, 198requests are filed with the AND BE IT FURTHER RESOLVED: That the City of Iowa City invites Johnson County and the other cities in Johnson County to determine and designate by motion or written resolution the percent or amount of local sales and services tax revenues that each would devote to property tax relief, in the event the tax is imposed in their respec- tive jurisdictions, and the proposed use of the remainder of said revenues, provided such designation is made on or before July 23, 1987, thus affording the County Commissioner of Elections adequate time for publication of notice of the ballot proposition. AND BE IT FURTHER RESOLVED: That the Johnson County Commissioner of Elections is hereby urged to accept such motions or written resolutions, designating the ndliation divan Juuse 2of local option sales and services tax revenues, up a 1987, and to include such individual designations on the ballot proposition form for those jurisdictions. AND BE IT FURTHER RESOLVED: I That the City Clerk e and is hereby Johnson County Board ofSupervisorsotdirected authorized and the of thisresolutionotify the P iced r ,rpravod nt; /J�B� /,0/0 i Resolution No. 87-181 Page 3 It was moved by Zuber and seconded by Dickson Resolution be adopted, and upon roll call there were: f AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney XDickson X McDonald X Strait X Zuber Passed and approved this 14th day of July 1987. 1-4 R ATTEST: tJ�o utiWIT „i the /6/0 Resolution No. 87-181 Page 3 It was moved by Zuber and seconded by Dickson Resolution be adopted, and upon roll call there were: f AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney XDickson X McDonald X Strait X Zuber Passed and approved this 14th day of July 1987. 1-4 R ATTEST: tJ�o utiWIT „i the /6/0 .P' �D City of lows City MEMORANDUM Date: July 9, 1987 To: City Council I From: City Manager !� Re: Ballot Proposition - Local Option Tax In order to provide the City Council with a proposed local option tax ballot proposition, members of the City staff, in consultation with election offi- cials, propose that the referenda language for the City would read as fol- lows: $1,000,000 or 50%, whichever is less, for debt service property tax relief and the remainder of said revenues for the maintenance and improvement of the City's program of services. The law requires that the City Council certify specific ballot proposition language. Other area communities and the County must also certify their ballot language. We recently advised these communities by letter that they would also need to prepare their ballot proposition. If the communities do not prepare ballot propositions, they would be bound by the language the City Council approves for the ballot. The language that is recommended meets the requirements of the state law. The component of the proposition "debt service property tax relief' is an attempt to demonstrate that the revenues generated by the sales tax would be used to reduce the property tax comnitment to the single largest line item in the City's general fund budget. The debt service payments for the City are approximately $3.6 million per year and if the sales tax proposal were ap- proved by the voters, the $3.6 million tax obligation would be funded by a combination of sales tax and property tax. The remaining funds would be designated on the ballot proposition to address the issue of the anticipated budgetary shortfall. The use of the property tax relief language would also strengthen our posi- tion in future bond markets and assist in maintaining our triple A bond rating.Special revenues earmarked for debt service could possibly help reduce overall debt cost with respect to future debt issues. bj4/3 i • I' /0/0 .Y• J° RESOLUTION NO. RESOLUTION REQUESTING SUBMISSION OF THE QUESTION OF THE IMPOSITION OF A LOCAL SALES AND SERVICES TAX TO THE QUALIFIED ELECTORS OF THE INCORPO- RATED AND UNINCORPORATED AREAS OF JOHNSON COUNTY. WHEREAS, the need exists in the City of Iowa City, Iowa, for additional reve- nues, over and above real property tax, state and federal revenues, in order to fund basic city services; and WHEREAS, ection 422B.1 of the Iowa Code provides for the imposition of certain local opti n taxes, including a local sales and services tax; and WHEREAS, sub3 ction 5(b) of said Section 422B.1 of the Code provides that the question of th imposition of a local sales and services tax shall be submitted to the qualifi electors of the incorporated and unincorporated areas of the county upon receipt by the county commissioner of election of the motion or motions, requesting such submission, adopted by the governing body or bodies of the city, or cities 1(ithin the county'representing at least one-half the popula- tion of the county;end WHEREAS, the City Council of the City of Iowa City, Iowa, is the governing body of a city whose populatign constitutes in excess of one-half of the population of Johnson County; and WHEREAS, this City Council `desires that the question of the imposition of a local sales and services tax, be submitted to the qualified electors of the incorporated and unincorp Fated,areas of Johnson County; and WHEREAS, this City Coun it has determined that, in the event of the approval of ` the imposition of a 1 cal sales and services tax in Iowa City, it will devote ;1,000,000.00 or 50% f the revenues derived from said tax each year, whichever is less, to propert tax relief, and, that the remainder of said revenues will be devoted to the aintenance and improvement of the City's program of serv- ices; and WHEREAS, since p rsuant to Section 422B.1, subsection 7(a) the cities of Iowa City, Hilgidform iversity Heights, Coralville and North Liberty constitute "contiguoues," the local sales and services tax will be imposed in all of said citiemajority of the combined vote of those voting in said cities vote in faits imposition; and WHEREAS, itherefore be necessary to utilize the "contiguous cities" form of ballottion, as propagated by the Iowa Secretary of State pursuant to the Secretule making power; and WHEREAS, s of ballot proposition allows each of the five said cities to designate the percent or amount of local option tax revenues that would be devoted to property tax relief, and the proposed uses that the remainder of said revenues would be used for; and i WHEREAS, Johnson County and the other cities in the county are also allowed to similarly designate the percent or amount of local option tax revenues that • would be devoted to property tax relief, and the proposed uses that the remain- der of said revenues would be used for in their respective jurisdictions. /40/o Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that this City Council does hereby request the Johnson Count sioner of Elections to submit the question of the imposition of a sales and services tax to the qualified electors of the incorporated and unin- corporated areas of Johnson Count 1% local October 6, 1-9987, y, Iowa, at a special election to be held on AND BE IT FUR�IHER RESOLVED that the ballot proposition Of the local s� les and services tax will be a state that the proceeds 1. $1,000,000.00 or 50% applied,and used as follows: relief; and whichever is less, for debt service property 2• The remainder of tax City's program of s aid revenues for maintenance and im vices• , provement of the subject to application andhuserOf 10 structed b of to Of the othertcit7esin Johns Commissioner of Elections on AND BE IT FURTHER RESOLVED: in the form of the ballot proposition regarding 1 sales and /services tax revenue as may be in - n\Board of Supervisors or by the governing bodies ounty provided such requests are filed with the ar �efore/July 23, 1987. That the City of Iowa Cit Johnson County o determine ii yandvite �Johnson County and the other cities in Percent or amount of local esighate by motion r written resolution the devote to property tax reliefsal s andv.sery hes tax revenues that each tive jurisdictions, and the ' �� the evept the tax is im Imposed would Provided such designationP oposed use, of the remainder of said their respec- the County Commissineris ode on or before Jul said revenues, the ballot proposition, El ctions adequate y 23, 1987, thus affording q time for publicat' AND BE IT FUR7 On of notice of HER RESOLVED: That the Johnson Count' such motions 3 o�nissioner of Elections is local or written esolutions designating 'the hereby plic urged d accept 1987, and�to sales and solutions, tax revenues application and use of form for those include su h individual designations on the ballotand jurisdict ons. including July 23 It was moved by Resolution be a opa u and seconded by \� P call there were: the AYES: onro NAYS: ABSENT: Ambrisco Baker Courtney Dickson McDonald Strait Zuber r Resolution No. Page 3 i Passed and approved this ATTEST: day of 1967• YOR ed & ad CITY CLERK /D/D �i .V' RESOLUTION NO. 87-182 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE WATER DIVISION AND THE AFSCME PAY PLAN. WHEREAS, Resolution No. 87-47 adopted by the City Council on March 10, 1987, established an operating budget for FY88 authorizes all permanent positions; and WHEREAS, Resolution No. 87-108 adopted by the City Council on May 12, 1987, established a classification/compensation plan for AFSCME employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The authorization of personnel in the Water Division be amended by: The deletion of a full-time Maintenance Worker II position. The addition of a full-time Senior Treatment Plant Operator posi- tion. 2. The AFSCME pay plan be amended by: The addition of a Senior Treatment Plant Operator position in Grade 12. It was moved by Dickson and seconded by Zuber the Resolution be a op fedan upon ro call there were: AYES: NAYS: ABSENT: R Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 14th day of July 1987, ATTEST: GlTY CLERk� �� AAF+ro'zodl 4j, Department RESOLUTION NO. 87-183 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CENTRAL BUSINESS DISTRICT DIVISION OF THE PARKS AND RECREATION DEPARTMENT AND THE AFSCME PAY PLAN. WHEREAS, Resolution No. 87-47 adopted by the City Council on March 10, 1987, established an operating budget for FY88 authorizes all permanent positions; and WHEREAS, Resolution No. 87-108 adopted by the City Council on May 12, 1987, established a classification/compensation plan for AFSCME employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The authorization of personnel in the Central Business District Division be amended by the addition of a full-time Maintenance Worker I position. 2. The AFSCME pay plan be amended by the addition of a Maintenance Worker I - CBD in Grade 01. It was moved by Zuber and seconded by Strait the Resolution be adopted, an upon ro call there were: AYES: X i— X _T— X X X Passed and approved this NAYS: ABSENT: Ambrisco Baker Courtney Dickson McDonald Strait Zuber 14th day of July �.- A, 1987. .o• Ivod d APfwv xi Deparhnuni i I