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Home My WebLink About1983-03-29 ResolutionRESOLUTION NO. 83-66 RESOLUTION ACCEPTING THE WORK FOR THE EASTERLY EXTENSION OF THE NORTHEAST TRUNK SEWER WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, For the Easterly Extension of the Northeast Trunk Sewer as constructed by Normoyle-Berg & Associates, Inc. of Rock Island, Illinois. i I AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, i NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Lynch and seconded by Dickson that the resolution as read be a opte , and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson _ x Erdahl x Lynch i x McDonald x Neuhauser x Perret Passed and approved this 29th day of March 19 83. ATTEST: �_11.., ��l ��JAAJ i�rnl CITY CLERK f i 141CROFILMED BY 1--rACEDAR DORM`-'FCR#L'A6'_ RAPIDS DES MID ES By T."10 Legc!i ;".zprlinrllf Ji CITY CF IOVVACIVIC CENTER 410 CITY E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180 ENGINEER'S REPORT March 23, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improveme below have been completed in substantial accordance witl and specifications of the Engineering Division of the C City. The required maintenance bond is on file in the I office. The Easterly Extension of the Northeast Trunk Sewer constructed by Normoyle-Berg & Associates, Incorpor of Rock Island, Illinois. I hereby recommend that the above mentioned improvements by the City of Iowa City. s ectfully sub 'tted, Frank K. Farmer City Engineer FKF:sp S MICROFILMED BY 1' JORM..-MICRdL:AB`_ CEDAR RAPIDS DES I4013ES I d RESOLUTION NO. 83-67 RESOLUTION ACCEPTING THE WORK FOR THE LOWER RALSTON CREEK IMPROVEMENT PROGRAM, PHASE II WHEREAS, the Engineering Division has recommended that the improvements covering the Lower Ralston Creek Improvement Program, Phase II as included in a contract between the City of Iowa City and McAninch Corporation of Des Moines, Iowa dated March 2, 1982 be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Lynchand seconded by Dickson that the resolution as read be adopted—, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson _ x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 29th day of March 19 83 . � y ATTEST: CITY CLERK Id1CRDFILIAED DY D0RM-"MICR6L-A9— CEDAR RAPIDS • DES MOMES By The Lc Ci J CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354-18017 ENGINEER'S REPORT March 23, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Lower Ralston Creek Improvement Program, Phase II as constructed by McAninch Corporation of Des Moines, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R ctfully sub 'tted, Frank K. Farmer City Engineer FKF: sp MICROFILMED BY l.... f JOR M" -'M IC R¢CAEI- CEDAR RAPIDS • DES MOINES r � -5s2�1 'T. �J RESOLUTION NO. 83-68 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 70 ACRES OF LAND SOUTH OF AND CONTIGUOUS TO THE IOWA CITY CORPORATE LIMITS. WHEREAS, a parcel of land owned by West Side Company and Earl M. Yoder et al., consisting of approximately 70 acres, lies south of the current corporate boundaries of Iowa City, and the owners have requested the voluntary annexation of said property as provided by law, and WHEREAS, this land is contiguous to the corporate limits of the City of Iowa City, and WHEREAS, the City of Iowa City can anticipate providing the necessary municipal services to this tract, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA ! CITY, IOWA: That the land described as follows: Tract 1 - The northwest quarter (NW.) of the northeast quarter (NE;) of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; said tract containing 40 acres more or less, and Tract 2 - The southwest quarter (SW;) of the northeast quarter (Ne4) of Section 20, Township 79, North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, except the following: Beginning at the center of said Section 20; thence N 0°25'E, 524.1 feet along the west line of said SW; NE;; thence S 52°22 "h" E, 140.3 feet; thence S 61°52'h" E, 692.8 feet; thence N 76°41' E, 198.4 feet; thence N 40045' E, 629.2 feet to the east line of said SW; NE;; thence south to the SE corner of the SW; of the NEh of said section; thence west to the center of Section 20, which is the point of beginning; said tract containing 30 acres more or less, shall be voluntarily annexed to the City of Iowa City, Johnson County, Iowa, and the City Clerk be authorized to certify and send the necessary documents to the appropriate agencies as provided in Chapter 368 of the Code of the State of Iowa. 509 t 141CROFILMED BY - -_, -JORM-'MICROCAB'- CEDAR RAPIDS DES MOINES /� n It was moved by Balmer and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 29th day of March , 1983. MAYOR ATTEST: �foma..„��✓�. CITY CLERK Received & Approval By Tha Layai Depm4mont .69 WAN 141CROFILMED BY -�- 10RM:--MICRdLEiO� CEDAR RAPIDS •DES MOIRES I !� f STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin . Item: A-8204 and Z-8204. Date: July 15, 1982 West Side Company GENERAL INFORMATION: Applicant: Earl M. Yoder & West Side Co. P.O. Box 2000 Iowa City, Iowa 52240 Requested Action: Annexation of 70 acres and rezoning from County Commercial and Residential to C2. Purpose: To develop a commercial use within the corporate boundaries. Location: South of the Iowa City corporate limits and north of Highway 1 in j Johnson County near Willow Creek. Size: 70 acres. ANALYSIS: West Side Company has requested the annexation and zoning to C2 of approximately 70 acres south of and contiguous to Iowa City, just east of the Ty'n Cae Part 3 development. The north 40 acres of this area (Tract I) is currently zoned residential in the County, and the south 30 acres (Tract II) is zoned Highway Commercial in the County. The petitioner has requested that if the zoning classification requested is denied, the voluntary annexation request be withdrawn. The applicant has been informed that, with adoption of the new zoning ordinance, the annexation request area may be rezoned to a combination of zones, including CI -1, CH -1 and a residential zone. The intensive commercial zone and the highway commercial zone incorporate many of the permitted uses allowed in a C2 zone under the current ordinance. The 1978 Comprehensive Plan indicates that this area should develop during Phase IV at a residential use of 8-16 dwelling units per acre and as land consumptive commercial. The entire area is contained within the limits of urban development line. The Southwest Area Study updating the Plan, which was preliminarily endorsed by the Commission and the City Council, suggests a number of changes in the Plan for the area in question. Annexation of the entire area is recommended with most of the property being zoned for a commercial use. The proposed changes are based on. the rational that with the construction of the Highway 1/Freeway 518 interchange and the realignment of Mormon Trek Boulevard, residential development in a large part of this area is not advisable. Lack of capacity in area schools and proximity to the airport are further deterrents to residential uses. The availability of sewer and the access afforded by Mormon Trek and 518 create a favorable situation, however, for commercial development A small area of residential use abutting the Ty'n Cae development is also i MICROFIL14ED BY 11" JORM---MICR6LA13-. CEDAR RAPIDS DES MOINES I I I I 2 suggested, with a buffer of open space between the residential use and the commercial use. This buffer is necessary to ensure that existing residential development is not adversely affected by intensive commercial development. The actual nature of the buffer may be discussed at such time as actual development proposals are submitted. STAFF RECOMMENDATION: The staff recommends that the requested annexation and rezoning be approved since it is consistent with the recommendations of the update of the Comprehensive Plan. Recommendation for approval of the C2 zoning at this time should carry with it the understanding that with adoption of the new zoning ordinance the specific commercial zone designations will change and provision may be made for a buffer between residential and commercial uses. Since the update to the Plan has not been through the public hearing process or formally approved, an amendment to the 1978 Comprehensive Plan will be necessary. ATTACHMENTS: 1. Location map. 2. Plot plan of Tract II. • Aartmen Approved by: iser, Director f Planning & f Program Development i I ra c 4 1" 'L I If fa 7 AIgDI f/fil.'I IAJI lb" Pill If 1 I•.o ••.� •.••• I ••t '• ILIS IL5} 1cNg1. ItWflrnUl�on al Nf IIrA Id...y •f... ' ' Cflnf TJ01 TI Of YM1f• T t��r! f + •1 M N V IfC1+I11!J UIIO �Yf •t\YI YII"II i � JUN 251982 NBBIE STOLFUta14.r.' ��i/✓� .�` .;li' ' CITY CLERKDATE DtAWN y lwn l�j(IR.IM. Ra ))i Du1 1 ,• ' 1 r• • �' 10 /3-80 /"200' '�7:.tir^-.�-v��.l•-./ / tiT� TJ-�•T—_,.�•.•.'r�Y. � V �y,�,�.V. •.L. nY..� _. .w � f. . —.. 5�9 1 ' a 111CR0f ILI4ED BY � ._JORM - MICR#L-Ae3- CEDAR RAPIDS • DES 1101AES I '� i BARKER, CRUISE & KENNEDY AREA CODE 016 TELEPHONE 3El•B1BI Ms. Karin Franklin Civic Center Iowa City, IA 52240 Re: West Side Company, Earl Yoder, et. al., Annexation Dear Karin: Please proceed with the above annexation along the lines Of your letter dated September 3, 1982. I realize there are still points that need to be ironed out such as the amount of C2 and CH zoning, but I believe there is basic agreement concerning the annexation. Very truly yours, James D. Houghton ti LAWYERS CHARLES A BARKER 011 IOWA AVENUE • P.O. BOX 2000 .JOHN 0. CRUISE IOWA CITY, IOWA MICHAEL W. KENNEDY JAMES 0. HOUGHTON $2244 DAVIS L FOSTER December 20, 1982 AREA CODE 016 TELEPHONE 3El•B1BI Ms. Karin Franklin Civic Center Iowa City, IA 52240 Re: West Side Company, Earl Yoder, et. al., Annexation Dear Karin: Please proceed with the above annexation along the lines Of your letter dated September 3, 1982. I realize there are still points that need to be ironed out such as the amount of C2 and CH zoning, but I believe there is basic agreement concerning the annexation. Very truly yours, James D. Houghton ti i I I i i CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CV, IOWA 52240 (319) 356-5= 0 September 3, 1982 Jim Houghton ...-..... . Barker, Cruise & Kennedy 311 Iowa Avenue P. 0. Box 2000 Iowa City, Iowa 52244 Re: West Side Company, Earl Yoder et al., Annexation Dear Jim: The preliminary plans with graded contours for development of the West Side Company's property near Willow Creek have been reviewed. The buffering which we discussed for the northwest corner does not appear to be a problem if this area serves as a stormwater management basin, taking advantage of the natural contours of the land. In addition, the area of Ty'n Cae Part 3, which abuts this northwest corner, provides stormwater management for Ty'n Cae and is, therefore, open space. We definitely would like to see that corner used for the basin for West Side's development.' As far as the western boundary which abuts Ty'n Cae Part 3 is concerned, most of the buildings sited on the Ty'n Cae development are set back west from the 'property .line a sufficient distance to obviate any conflicts. However, three lots north of Mormon Trek relocated (the second through fourth lots) and west of the proposed road abut lots in Ty'n Cae whose buildings are sited between 30 and 60 feet from the property line. Some screening may be necessary along the west lot lines in the West Side development. There is also, potentially, a 20 foot drop in elevation between the west side and Ty'n Cae property along these lots. When grading the area, special attention should be given to sloping the west side lots toward the road so that runoff will pass down the road to a basin in the northwest corner and not run down to the Ty'n Cae lots. The final comment pertains to the zoning. C2 or a commercial intensive zone for the major portion of the area sounds fine.' However, since this property abuts residential land and Mormon Trek relocated will be a convenient access to the residential area, CH along Mormon Trek would be more desirable than a more intensive commercial zone, and may finally be more saleable.• A restaurant, grocery/drugstore, or gas station would all be acceptable uses in keeping with the residential traffic which will be generated along here. The more intensive commercial uses would then be on the ��,f �V' i MICROFILMED BY l.-' , -JO RIVI-"MIC R�IL AB-- CEDAR RAPIDS DES MOINES Ifi lidr _ 1 _1 f Jim Houghton September 3, 1982 Page 2 i "interior" larger lots. It is quite possible that annexation at C2 for the entire area could take place; the distinction between highway commercial and intensive commercial uses would occur when the entire city was evaluated for rezoning under the new zoning ordinance. The deferral of this item before Planning and Zoning is effective until January, -1983. However, we would like to bring this before the Commission again as soon as most of the issues are resolved. Sincere y, Karfn Franklin Planner bdw3/2-3 cc: Neal Berlin Don Schmeiser I --------- /r., �c/r rvo o A i 141CROFILFIED BY j JORM MICR(SCAB 1 CEDAR RA{'IDS DES MOII4ES I i S5/ JI J RESOLUTION NO. 83-69 RESOLUTION APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF LOTS 91 AND 92, TY'N CAE SUBDIVISION PART II, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, A. & F. Enterprises have filed with the City Clerk of Iowa City, Iowa, an application for approval of the amended preliminary and final Large Scale Residential Development Plan of Lots 91 and 92, Ty'n Cae Subdivision Part II, which is legally described as: Lots 91 and 92 of a subdivision of Lot 90 Ty'n Cae Subdivision Part II, Iowa City, Iowa, as recorded in Book 19 at page 49 of the Johnson County Recorder's office on December 14, 1979; and WHEREAS, the Department of Planning & Program Development and the Public Works Department have examined the proposed amended preliminary plat and final plat and preliminary and final LSRD plan and have recommended approval of same; and WHEREAS, the amended preliminary and final plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the amended preliminary and final plan is found to conform with all the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the amended preliminary and final LSRD plan is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the office of the 1 County Recorder of Johnson County, Iowa, after passage and approval as authorized by law. It was moved by Balmer and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 29th day of March 1983. ATTEST: 772... ,J ' CITY CLERK p 1 111CROFILMED BY I I. _JORM --MICR6LAB' CEDAR RAPIDS DES PIOIYES ' Received & Approved By The legal Department /Q�13 z/ivl e3 Ji RESOLUTION NO. 83-70 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF R PLAZA, LOCATED AT 455 HIGHWAY 1 WEST IN IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Ken Ranshaw, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Non-residential Development Plan of R Plaza; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final LSNRD plan and have recommended approval of same; and I WHEREAS, the preliminary and final LSNRD plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary and final LSNRD plan is found to conform with all the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, j IOWA: I 1. That the preliminary and final LSNRD plan is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the office of the County Recorder of Johnson County, Iowa, after passage and approval as authorized by law. It was moved by Balmer and seconded by Lynch the Resolution be adapted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer _ ABSTAINED Dickson x Erdahl I x Lynch x McDonald x Neuhauser x Perret Passed and approved this 29th day of March 1983. A, MAYOR d ATTEST: Ylt 'e. CITY CLERK I Recaivnd a Approved By Tho Legal Dapailmont ��lj- - 3rie�BS ss9� I � _ _ I4ICROFILlIED BY CESRR —R •CUES pA13 _ f J STAFF REPORT To: Planning and Zoning Commission Prepared by: Bruce Knight Item: S-8302. Preliminary and Final Date: LSNRD of R -Plaza March 17, 1983 GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Ken Ranshaw 1101 Harlocke Iowa City, Iowa 52240 Preliminary and final LSNRD approval , To permit construction of two buildings containing a combination Of commercial and residential uses. 445 Highway I West 3.15 acres General commercial Commercial and C2 North - Commercial and C2 East - Commercial and C2 South - Public . (Iowa City Airport) and RIA West - Commercial and C2 Provisions of the Large Scale Non -Residential Development plan review process and of the Zoning and Storm Water Management Ordinances, 3/31/83 Sanitary sewer service and water service are available. Police and fire protection are available, sanitation service would be provided by private hauler. Vehicular access is proposed via Highway I. i .-- I4ICROEILI4ED BY ^' I_- JORM._.'M1CR( CAB_. CEDAR RAPIDS •DES MOIRES .657q., -I i i 2 Physical characteristics: The topography is relatively flat. ANALYSIS The applicant is requesting approval of the preliminary and final Large Scale Non -Residential Development (LSNRD) plan for a 3.15 acre tract located south of Highway I and north of the Iowa City Airport. The plan proposes two buildings containing a total of 14,970 square feet of commercial floor area and 37 apartments, 30 of which are on the second floor. A total of 107 parking spaces are required and 132 parking spaces are being provided, with 20 spaces located in garages. The applicant has chosen to design the parking area in accordance with the proposed new design standards ordinance which is currently before City Council for review. Specifically, standard vehicle spaces are dimensioned at 19 feet in length, and 24 compact spaces (5% of the total) are being provided measuring 15 feet by 8 feet. In addition, 22 foot aisles are provided throughout the parking area. While staff does not have any problems with the proposed design of the parkinestablishing etheit will design stands standards parking for ncil areasobe ore theyrove he the resolution approving this LSNRD plan. Y pass the Another concern for this development is that it comply with the requirements of the Airport Overlay Zone, since the request area is located in the "Approach Overlay" (OA) Zone." Specifically, the height of the two proposed buildings, and any trees proposed should not penetrate the approach surface in the OA Zone. The Engineering Division has verified that the proposed buildings are within the height limitations; however, a mature height must be established for the "large" trees proposed on the planting plan in order to determine that the plan complies. Also, in accordance with Section 8.10.50.4.b of the Zoning Ordinance, "All lighting or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in the vicinity thereof." STAFF RECOMMENDATION Staff recommends that the preliminary and final LSNRD plan be deferred. Upon resolution of the deficiencies and discrepancies described below, staff would recommend approval. DEFICIENCIES AND DISCREPANCIES A. Preliminary plan: 1. A breakdown of compact vehicle spaces by percentage of the total parking provided should be shown. B. Final plan: I. A breakdown of compact vehicle spaces should be provided by percentage of the total. 2. A note should be provided regarding compliance with the lighting requirements contained in the Airport Overlay Zone. 5—cq� 1 i I, r 141CROFILMED BY I"-JORM_--MICROCAB- - CEDAR RAPIDS DES MOINES I / ATTACHMENTS I. Location map ACCOMPANIMENTS I. Preliminary Large Scale Non -Residential Development plan of R -Plaza 2. Final Large Scale Non -Residential Development plan of R -Plaza ` 3. Tree planting plan r Approved by: ald S hmeiser, n,Director Departme t of Planning and Program Development ,I i I .! ."41 MICROFILMED BY --�--" JORIVI"-MICR�LAS � --- � i CEDAR RAPIDS •DES MOIIJES 0 LCCAMC)N MAP t)-5502 1 Mcapv I PART 1 -- HEARING PROCEEDINGS March 29 , 1983 The City Council of Iowa City, Iowa, met inregular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor ary C. Neuhauser in the chair, and the following named Council Members: Balmer, Dickson,'Lynch, McDonald, Perret Absent: Erdahl III • • r • • The Mayor then called for objections to the adoption of the proposed Resolution of Necessity for the construction of the St. Anne's Drive Special Paving Project -1983 in the i corporation, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to prior action of said Council; and announced to those present at said Council meeting that both written and oral objections would be received and considered by the Council at this time. Written and oral objections were then received or heard. Council member Lynch moved that the time for the receiving of objections be closed. Seconded by Council member Perret On vote, the motion was adopted. After reviewing all the objections received, the Council i found and determined that no remonstrance, pursuant to the provisions of Section 384.51 of the City Code of Iowa, was filed with the Council, pertaining to the proposed improvement as set out in said Resolution of Necessity as originally proposed. -1- AHLCRS. COONEY. DORWCILCR. MAYNIC S SMITH. LAWYERS, DCS MOINES. IOWA 560 141CROFILIIED BY -�l JOR M -"MIC RLAB- i CEDAR RAPIDS • DES'MOINES r r Council Member Dickson introduced the following Resolution entitled "RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE ST. ANNE'S DRIVE SPECIAL PAVING PROJECT -198311 and moved that it be adopted. Council Member McDonald seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, Dickson. Lynch. McDonald, Neuhauser, Perret NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: 83-71 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE ST. ANNE'S DRIVE SPECIAL PAVING PROJECT -1983 WHEREAS, this Council has proposed a Resolution of Necessity for the St. Anne's Drive Special Paving Project -1983, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly considered are overruled. -2- AHLERS, GOONEY. DORWEILER. HAYNIEA SMITH. LAWYERS, DES MOINES. IOWA 141CROFILMED BY 1--JORM- MIC R#LA B'� CEDAR RAPIDS DES IdOI 560 Adopted as amended by the Schedule of _ Amendments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a Council X meeting to be held on the day of April , next, at 7:30 o'clock P. M at this meeting place, with juris- diction retained for further consideration and action at the adjourned meeting. Abandoned. Passed and approved this 29th day of March 1983. ATTEST: Clerk_ -3- AHLERS, COONEY. DORW EILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA J' r {. MICROEILMED BY -1 -J OR M--NIICRLAB- CEDAR RAPIDS • DES MOINES g6o CISA-9-4-78 CERTIFICATE I, the undersigned, hereby certify that I am a pro- fessional engineer practicing and licensed to practice said profession in the State of Iowa, that in that capacity I have examined the provisions of a certain Resolution of Necessity for street improvements entitled St. Anne's Drive Special Paving Project -1983, introduced and proposed at a meeting of the Council of the City of Iowa City, Iowa, on March 29 , 1983, as well as the official notice to property owners of hearing on said proposed Resolution of Necessity as served and mailed to property owners and that the description of street improvements to be constructed as set forth in said Resolution and in said Notice as served and mailed is an accurate description of the improvements proposed to be constructed in said Resolution and in the plans and specifica- tions covering said improvements. I further certify that the description of property to be assessed as the area served by improvements as set out in said Resolution and Notice is a correct description of the assessable area as shown by the assessment plat and schedule referred to therein as on file with the City Clerk of said City. Done and certified to this 3o day of 1983. q Reg. No. 9Z 17 ANLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA ^_ i MICROFILMED BY f � -_ I-JORM---MICRI�LAB ICEDAR RA VIDS DES MOINES ' .566 CIG -3 1-79 CERTIFICATE STATE OF IOWA ) j COUNTY OF JOHNSON ) SS j I I, the undersigned City Clerk of Iowa City, Iowa, do \ hereby certify that attached is a true and complete copy of ,. the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect t.o said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and I effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly in accordance with a notice of meeting and tentative agendaela copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter { 28A, Code of Iowa, upon reasonable advance notice to the I public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with mem- bers of the public present in attendance; I further certify that the individuals named therein ' were the date thereofduly and lawEullidfrespective offices as indicated therein, thatnocouncil vacancy existedexcept as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 29th day of March 1983. City C1 A, Iowa City— , Iowa - SEAL I AIILLOS. COONLY. DORWLILI.N. HAYNIL I1 SMITH. LAWYLIIs. DLs MOINLS. IOWA S6 � I I IIICRDFIL14ED BY I. 1.. JORM-MICRbLAB" - ) !r f CEDAR RAPIDS • DES 1401.4ES J i ;Ylx+l ew .3/3 u/4 3 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: March 29, 1983 I Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Resolution of necessity for the St. Anne's Drive Special Paving Project -1983. - Public hearing on proposed resolution of necessity. - Resolution with respect to adopting resolution of necessity. - Resolution directing preparation of detailed plans and specifications, form of contract and notice to bidders. I - Resolution ordering bids, approving plans, specifications and form of contract and related matters. i Such additional matters as are set forth on the addi- tional 1— page(s) attached hereto. (number) I, This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. Ci6y Clerk, Iowa City, Iowa AHLERS. COONEY. DORWEILER. HAYNIE a SMITH. LAWYERS. DEB MOINES. IOWA ,5-46 IIICROFILIIED BY J0RM--MICR46LA9_- - 1 !r + CEDAR RAPIDS DES MOINES I / r - CISA-1 7-80 Re: ST. ANNE'S DRIVE SPECIAL PAVING PROJECT -1983 STATE OF IOWA ) SS. COUNTY OF JOHNSON ) I, the undersigned, Clerk of the City of Iowa City, Iowa, do hereby certify that on the 11th day of March 1983, I deposited and mailed in the United States mails, by certified mail, at Iowa City, Iowa, properly stamped and addressed a copy of the "Notice To Property Owners" for cer- tain street improvements proposed to be constructed in said City, as more particularly described in said notice attached hereto, to each and every property owner listed on the preli- minary plat and schedule of assessments referred to in said Resolution of Necessity, as shown by the latest available records in the office of the County Auditor, whose property is subject to assessment for said proposed street improvements. If property to be assessed was shown to be in the name of more than one owner at the same mailing address, a single notice was mailed, addressed to all owners at that address. With respect to property owned by the State of Iowa, and to be assessed under the preliminary plat and schedule of assessments referred to above, I further certify that on the same date set forth above, I deposited and mailed in the United States mails at the same post office, properly stamped and addressed, a copy of the aforesaid notice to each of the following: I. Secretary of the Executive Council Iowa State Capitol Des Moines, IA 50319(B� restricted certified mail) 2. Director of Transportation Highway Division State Department of Transportation I Ames, IA 50010 (By certified mail) Certified mail receipts or stubs covering each said mailing, hereinabove mentioned, are now on file in the offi- cial records of said City in my office. Witness my hand and the seal of said City at Iowa City, Iowa, this 29th day of March , 1983. SEAL Clirk Acting (Attach to this certificate duplicate copy of Notice to Property Owners, as mailed.) AHLERS, COONEY. DORWEILER. HAYNIE A SMITH. LAWYERS, I3ES MOINES. IOWA S6o MICROf ILRED BY JO RIVI"-"NIIC R�ILA B_ Lj CEDAR RAPIDS • DES MOIYES -. - -- NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a street improvement, designated as the St. Anne's Drive Special Paving Project - 1983, of the types and in the location as follows: 7" concrete pavement on St. Anne's Drive from the East end of the existing pavement on Foster Road, East 724' to Prairie du Chien Road. That the proposed district to be benefited and subject to assessment for the cost of such improve- ments is described as follows: All or parts of Lots 7-21, 26, 27, 28, 29, Conway's Subdivision of a part of Section 3, T79, R6, Outlots A, B, and C of the resubdivi- sion of Lot 30, Conway's Subdivision. Commencing at the Northwesterly corner of Lot 21 Conway's Subdivision of a part of Section 3, Township 79 North, Range 6 West of the 5th P.M., thence Northeasterly 130' to a point on the North line of said subdivision, thence Westerly 150' to a point, thence Southeasterly 85.21 to the point of beginning. Commencing at a point that is 66' West and 160' South of the Northeast corner of the NWh of the NEh of Section 3, Township 79 North, Range 6 West, of the 5th P.M., thence South 155.75', thence East 566.75' to the point of beginning; thence North 641; thence Northwesterly 92'; thence West 242'; thence Southwesterly 128'; thence Southeasterly 981; thence East 345' to the point of beginning. Commencing at the Northeast corner of Section 3, Township 79 North, Range 6 West, of the 5th P.M., thence west along the North section line 656.7', thence due south 176.7', thence due west along the present fence line 134.9' to a point, thence south 64' along a fence line to the point of beginning, thence south 64' along said fence line to a point, thence due 1 s i I41CROFILMED BY I 1"" JORM""MICR;LAE3 CEDAR RAPIDS DES MOIRES „56 o J F Northwesterly 82' to a point on the North line of said Lot, thence Westerly 21' to the point of beginning. The Council will meet at 7:30 o'clock p.m., on the 29th day of March, 1983, at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which time the owners of property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, and boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolu- tion of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. Cler , Iowa City, Iowa U I, Id1CROFILECR16 DORM—Mel 111 i CEDAR RAPIDS YES Sha 'J CiSA-3-4-78 Re: ST. ANNE'S DRIVE SPECIAL PAVING PROJECT -1983 STATE OF IOWA 1 SS COUNTY OF JOHNSON ) I, the undersigned, do hereby certify that I am now and was at the time hereinafter mentioned, the acting Clerk of the City of Iowa City, in the County of Johnson, State of Iowa, and that as such Clerk of said City and by full authority from said City Council, I have caused a NOTICE TO PROPERTY OWNERS of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published in Iowa City Press -Citizen, a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bonafide paid cir- culation recognized by the postal laws of the United States, having general circulation in said City, and that said Notice was published in said newspaper in all of the issues thereof published and circulated on each of the following dates; March 16 , 1983; and March 23 1983. WITNESS my official signature at Iowa City, Iowa, this 29th day of March , 1983. Cicit_ J t�.� Clwerc Actingng AHLERS. GOONEY, DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA F 1CROFILMED BY ICM-MR0LA6-CEDAR RAPIDS DES MOVIES 540 T ' —'1 IA f f- City of Iowa City MEMORANDUM DATE: March 23, 1983 TO: City Council and Neal Berlin, City Manager FROM: Daniel Holderness, Civil Engineer RE: Resolutions concerning St. Anne's Drive Special Paving Assessment Project - 1983 and Kimball Road Special Sidewalk Assessment Project-- 1983. The above mentioned projects are described as follows: St. Anne's Drive - Seven (7) inch thick concrete paving, six (6) inch thick driveway approaches and the necessary drainage facilities from the east end of the ` existing paving on Foster Road East 724' to Prairie du Chien Road. Kimball Road - Four (4) inch thick and four (4) foot wide concrete sidewalk on the east side from Kimball Avenue North to Whiting Avenue. Bothseries of resolutions will allow the construction of the respective projects to begin in approximately May, 1983, and be completed by July 1, 1983. The Council has four courses of action when considering each project. The Council may: I. Adopt without amendment; 2. Adopt as amended; 3. Defer for later consideration- or 4. Abandon the resolution of necessity. The Council may do any of the above, but has to do one for each project. Staff recommends adoption of all the proceeding resolutions without amendment. t r i MICROFILMED BY_ I-J0RM--M1CR6LJ-,A13'- a CEDAR RAPIDS DESM Xtv6 City of Iowa Cit MEMORANDUM Date: March 22, 1983 To: City Council and Neal Berlin From: Frank Farmer, City Engineer Re: Method Used to Calculate Assessments for Paving Projects The Engineering Division of Iowa City uses a variation of the Flint formula, devised in Flint, Michigan, for calculating assessments. This method has been used for over 25 years in Iowa City and, over the years, it has had judicial support. Until 1975, the statutory limit of 300 feet from the street was established as a maximum distance for assessment values. That limit was abated and there no longer is a statutory limit. Iowa City has continued to use the 300 foot limit, even though the project assessment boundary limits could be established beyond 300 feet. The procedure for figuring pavement assessments is as follows: the area of the property closest to the street receives the greatest weight and lower amounts are assessed as the distance from the property to the street improvement increases. This uses a distance of 300 feet or half -way to the next street for its assessment limit. Increments of 50 foot zones are used to decrease point value of the assessed property as the distance from the property to the street improvement increases. In other words, the closest 50 feet is designated as the 60 point zone, the next 50 feet as the 30 point zone, then the 10 point zone, then the 5, 3 and 1 point zones, until a distance of 300 feet is included. The area of the property contained in these zones is then multiplied by the point values assigned. The points for each property are then totaled. After all the points for each property are calculated, they are totaled to give the total points for that street. Then the total points are divided into the total cost to be assessed in order to determine the cost per point. This cost per point is then multiplied by the number of points for each individual property to determine its assessment. See example on the following page. bj2/10 5-60 ori S MICROFILMED BY i f �- - JORM-MIC R(CAB- CEDAR RAPIDS DES'MOINES � r1 I Example: 190' deep by 65' wide lot. 65' i I i 40' ' 65' x 40' x 5 = 13,000 65' x 50' x 10 = 32,500 50' 65' x 50' x 30 = 97,500 50' ! I 65' x 50' x 60 = 195,000 ------- 50' j Total points for Lot = 338,000 65' Street If all lots totaled 7,961,010 points, and the total assessment cost ! was $100,365.24, the cost per point would be: $100,365.24 3 7,961,010 = $0.0126070989/point The assessment for this lot would be: I 0.126070989 x 338,000 = $4,261.20 i I I I 5-60 1 MICROFILMED BY l l JORM"-MICRILAi9- CEDAR RAPIDS DES MOINES I / r t 'r °moi•45 oU.LC-L. tut- U.0 %1L tda-", . LU✓ lui rAe ka,7 aCLr ap',& v&, , Le �LtR OdAlo d e x"et ,/GLy-l-'42. a a, d 9J . Cue s yj' �Ll dlitcfr. It y{¢ Go ✓i1u f�uc rf-, CfCe. ,�C ��Lu�G G/2 YctC- �� ,Z � .lo .Grrr2u-�2cc�- .cu�.ce�t� — �it��C/Ga,, Q�IucCLL' C�cc.tes� a,L�Car, uLtu.1� YiCr1� •u,l-Lr2 .ct !!o �7� �' .1/G� ;G�vzE2c�Q /Ga_.C�t� .-uuu� ��Cer.Lue-ems Q�Ltcrn.u.(�uo � .+LlLC� .Gcr[p..�• .urs-/�Lte<ctcc. YL.td� ��%u, LLT(.1/LL��C. Ps nu �cc' • Gri L Flu �1zc �ct cu Ql �e Lc( i2ruce /,(� ,.�[�• CLI.r. /LC.Q-U-Liu'-�. .� ,�c///��w .Q(.cCztI.C.CLC�' , .a iZlm 4tv 7" t, ury�/)u� u� . /•uu „GCr .ci '/ t .��LGUL -LL�.�GL ,�i, .C'lG� LIi.LC• W(.e4 LLC.&-!% • .2 - s- 'ej CSU m,,t 44Ci.GL , tAl C Q ec ca , Cu lGC w ,�o Ao, 4&ae- of l ylGCCJGC. U �fiC.CL!< v Pee— CkY CLA.EI. L'-UJ-C�--, FILE MAR 17 1983 D `Q4oxj •A 7f�M� C17"g CI.f:RK J- G =Z 1 r I, MICROFILMED BY j —DORM--MICR#CA 6'- • 1 CEDAR RAPIDS DES MOWES I City Council 410 E. Washington Iowa City, Iowa City Council Members: U1611 FUJMAR 251993 t.'V CLERK hv�7tis 25 March 1983 Clarence Vevera 703 Kimball Ave. Iowa City, Iowa 52240 Ph: 319-337-5373 This letter concerns the proposed Kimball Road Special Sidewalk Assessment Project --1983. I am writing to object to the city attempting to bill me for the cost of replacing the existing sidewalk on my prop- erty along Kimball Rd. This does not seem fair, considering that the city has replaced and built new sidewalks in other parts of town in the past, at no cost to the property owners. Furthermore, the present dam- aged condition of sidewalks on my property is due mainly to the cityls vehicles. In the summer of 1979, the city was searching for a water leak in the neighborhood and tore up Lloyce Tauber's (neighbor) property to find it. Pipes were replaced, the leak persisted, and the water main across the street (Kimball Rd.) was finally dug up and repaired. During all this excavation the city Is heavy trucks continually "drove -on..arid. parked, on,the sidewalks in question. In the summer of 1981, the Iowa -Illinois Gas and Electric Company was putting in a new gas main along Kimball Rd. Company employees were careful to leave one lane of traffic,open. If their equipment tempor- arily was used in the open lane, they were quick to move it out of the lane when traffic wanted through. However, the city bus was frequently impatient, refusing to wait even a few seconds, and used the sidewalk for part of the roadway. Gas company employees noted that the bus would drive on to the sidewalk at the Lloyce Tauber residence (624 Kimball Rd.) and continue on the sidewalk until the intersection of Kimball Rd. and Kimball Ave. This occurred several times and gas company employees be- came concerned that they would be blamed for the sidewalk damage the buses were causing. The city was contacted and informed of the problem. A city representative came and viewed the damaged sidewalk, along with a gas company inspector. The gas company replaced three sections of the most badly damaged sidewalk near the corner even though the damage had been caused by the buses and the gas company was under no obligation to repair it. I talked to gas company employees (including the foreman in charge that summer), on 22 March 1983, and they re -verified the incid- ents. If you have questions about the damage caused by the buses please contact the Iowa -Illinois Gas and Electric Company. In closing, I will mention that I will be assessed $2435.00 for new replacement sidewalk. I am 76 yrs. old, living on a fixed rocial security income, and this assessment will cause me undue financial dii:_culty. The sidewalk, although damaged, is not hazardous to pedestrian traffic. If the city insists on replacing this sidewalk, I believe they should pay the costs as city vehicles were instrumental in damaging it. Thank you, 1 I I4ICROFILMED BY 1. _DORM-MICF16LAB- CEDAR RAPIDS - DES MOINES Clarence Vevera '5G .z._ J i J. PATRICK WHITE ATTORNEY-AT-LAW 330 SOUTH CLINTON STREET IOWA CITY. IOWA 52240 AREA CODE 318 PHONE 33a.7saa City Council Civic Center 410 East Washington Iowa City, Iowa 52240 March 28, 1983 Re: Kimball Road sidewalk Madam Mayor and Members of the Council: The undersigned represents Alois F. Tauber and Helen Tauber, the owners of property proposed to be assessed under the Kimball Road Special Sidewalk Assessment Project - 1983. My clients object to the assessment proposed against their property on the following grounds: 1.. The proposed assessments are unreasonable, arbitrary and capricious and work a disproportionate cost in view of the value of the property; 2. The proposed assessments are not reasonably related to the benefits which inure to the property; 3. The assessment against my clients discriminates against them in that other sidewalk, similiarly deteriorated has been repaired and replaced at city rather than property owner expense; 4. No rational basis exists for installing sidewalk on only one side of Kimball Road; 5. The proposed project is an improper and irregular use of assessment procedures. 6. The assessment procedure utilized is not in accordance with Iowa law. 1-0ILROFILI4ED BY�l I JORIVI-MICROLAB'- � CEDAR RAPIDS • DES 14011B 1 "T. - 2 - 7. The proposed project is unnecessary. Sincerely, J. Patrick White JPW/cg Owners: er��/ Alois F. Tauber 'W: �CL.J �4 Helen Tauber 624 Kimball Road Iowa City, Iowa 52240 MICROFILMED BY _ _I -- J071M"—MICR#C7-A9- CEDAR RAPIDS • DES MOINES 5�z 7■',. 800 Kimball Road Iowa City, Iowa, 52240 29 March 1983 Clerk of the City of Iowa City Civic Center (r1AR29 1983 410 East Washington Street Iowa City, Iowa, 52240 ;fal� 41 Dear Mrs. Karr: CHY CLMK 71 This letter constitutes an objection to the Kimball RoadSpecial Sidewalk Assessment Project --1983. My specific objections follow: 1) There is a minimal amount of pedestrian traffic along Kimball Road. The major traffic is in mornings and afternoons, when some students use this route to go to or from Shimek Elementary School. The presently existing sidewalk in front of my house is wide enough and in good enough repair to accommodate these students and to pose no safety hazards for these students. 2) Some parts of the sidewalk between Kimball Avenue and Whiting Avenue are in need of repair; other parts are not. The sidewalk in front of my house does not seem to be in need of repair. Why, then, must it be repaired? Does the City Council propose to rip out a perfectly good sidewalk and replace it with another, which will presumably be of no better quality and will benefit nobody? 3) If repairs must be made, why will the property owners not be permitted to make their own repairs or engage their own contractors to make the repairs to the city's specifications? People can repair the cracks in their own sidewalks for a tiny fraction of the money the city proposes to spend on such repairs. 4) The "Notice to Property Owners" which my neighbors and I have received includes such evaluative words as "benefited" and "improvements." I submit that to replace a sidewalk that is perfectly functional with a new sidewalk that is not needed is not an improvement. A new sidewalk will not benefit me orlmy neighbors to any noticeable degree. The assessment for a new sidewalk will be an assessment with no purpose. 5) If this new sidewalk were to be.oL benefit to anybody but the people who will earn money to put it in, the benefit would surely extend to the entire neighborhood, and not just to the property owners on the east side of Kimball Road..--,.Thetefore, why not put 3 special assessment on the entire neighborhood? Why not tax the people on the west side of Kimball Road;: who surely must -get about as much use out of the sidewalk as the people on the east side? j i MICROFILMED BY f _ - JOTiM�`MICR�GLAB` CEDAR RAPIDS DES MOINES ,6 � 02, -I T r-� 6) The west side of Kimball Avenue does not now have a sidewalk. If the City Council feels that it has an obligation to widen or to provide sidewalks in remote suburban locations where there is no pedestrian demand for sidewalks, surely it would be more of an improvement and a benefit to the community to install a sidewalk on the west side of Kimball Road than to replace the existic.g one on the east side of the road. 7) Given the good shape of the present sidewalk in front of my j house, I am amazed at the size of the assessment I am told I will have - to pay. I had assumed that the assessment would be somewhere in the neighborhood of a hundred dollars. Instead, I am told it will be i $1291.58. I do not have this money. If I am subjected to an assessment of this magnitude, I do not know where I will be able to get the money - - to pay it. Most likely I will have to sell my house and move out of the neighborhood. ' 8) If we are to have special assessments, why not make them for ; things that will be a definite benefit to the community? Give us a special assessment for schools, or police, or for the library. I would welcome a special assessment to improve the schools! But to improve a sidewalk that is not in need of improvement? Why? Why? 9) I do not have the money. How do you expect to get such sums out of people? And for what? i Yours truly, 1 3ti.._,. Thomas N. R. Rogers S i r Council Member Perret introduced the following Resolution entitled "RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE KIMBALL ROAD SPECIAL SIDEWALK ASSESSMENT PROJECT - 1983" and moved that it I be adopted. Council Member McDonald seconded the motion to adopt. The roll was called and the vote was, _ AYES: Balmer, Dickson, Lynch, McDonald, iNeuhauser, Perret NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 83-72 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE I RESOLUTION OF NECESSITY PROPOSED FOR THE KIMBALL ROAD SPECIAL SIDEWALK ASSESSMENT PROJECT - 1983. I j WHEREAS, this Council has proposed a Resolution of Necessity for the Kimball Road Special Sidewalk Assessment i Project - 1983 has p g J , given notice of the public hearing thereon � as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to j all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all _ ob3ect>ons filed or made having been duly considered are overruled. Adopted as amended by the Schedule of Amendments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. -2- A HLCRS. 2-AHLCRS, GOONEY. DORWEILCR• HAYNIC A SMITH. LAWYERS, DCS MOINES, IOWA 543 IIt , MICROFILMED BY _ 1 JORM-M1CSIOL-AO' 1111_. f/ CEDAR RAPIDS • DES MOINES JI i i lid/ �- -- - - - -- — - 1 T, Deferred for later consideration to a Council X meeting to be held on the day of Aril , next, at 7:30 o'clock P. M., at this meeting placed th juris- diction retained for further consideration and action at the adjourned meeting. —. Abandoned. Passed and approved this 1983. ATTEST: 1 29th day of March 1 -3- AHLERS. COONEY. DORWCILER. HAYNIES SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM--MICR#CAB- CEDAR RAPIDS • DES MOINES S93 9 CITY'S COPY CISA-9-4-78 CERTIFICATE I, the undersigned, hereby certify that I am a pro- fessional engineer practicing and licensed to practice said profession in the State of Iowa, that in that capacity I have examined the provisions of a certain Resolution of Necessity for sidewalk improvements entitled Kimball Road Special Sidewalk Assessment Project - 1983, introduced and proposed at a meeting of the Council of the City of Iowa City, Iowa, on March 29 , 1983, as well as the official notice to property owners of hearing on said proposed Resolution of Necessity as served and mailed to property owners and that the description of sidewalk improvements to be constructed as set forth in said Resolution and in said Notice as served and mailed is an accurate description of the improvements proposed to be constructed in said Resolution and in the plans and specifications covering said improvements. I further certify that the description of property to be assessed as the area served by improvements as set out in said Resolution and Notice is a correct description of the assessable area as shown by the assessment plat and schedule referred to therein as on file with the City Clerk of said City. Done and certified to thi 1983. A FILERS. GOONEY. DORWEILER. HAYNIE A SMITH. LAWYERS, DES MOINES, IOWA sle3 B U r MICROFILI4ED BY FRAVIDS ,CFR#LDES AB... ,..1 �L.I CERTIFICATE STATE OF IOWA SS COUNTY OF JOHNSON CIG -3 1-79 I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with mem- bers of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 29th day of March , 1983. SEAL City Clerk, Iowa City, Iowa AHLERS. GOONEY. DORWEILER. HAYN IE 5 SMITH. LAWYERS. DEB MOINES. IOWA I 141CROFILMED BY I_.. _JORM..-MICR46LAB__ -.._I. ( CEDAR RAPIDS • DES M014ES 563 i CITY'S COPY I CISA-1 7-80 Re: KIMBALL ROAD SPECIAL SIDEWALK ASSESSMENT PROJECT - 1983 STATE OF IOWA ) SS. COUNTY OF JOHNSON ) I, the undersigned, Clerk of the City of Iowa City, Iowa, do hereby certify that on the 11th day of March , 1983, I deposited and mailed in the United States mails, by J certified mail, at Iowa City, Iowa, properly stamped and addressed a copy of the "Notice To Property Owners" for cer- tain sidewalk improvements p - � P proposed to be constructed in said c City, as more particularly described in said notice attached hereto, to each and every property owner listed on the preli- minary plat and schedule of assessments referred to in said Resolution of Necessity, as shown by the latest available records in the office of the County Auditor, whose property is I subject to assessment for said proposed sidewalk improvements. I If property to be assessed was shown to be in the name of more than one owner at the same mailing address, a single notice was mailed, addressed to all owners at that address. II, With respect to property owned by the State of Iowa, and to be assessed under the preliminary plat and schedule of assessments referred to above, I further certify that on the same date set forth above, I deposited and mailed in the i United States mails at the sameost office, , properly stamped and addressed, a copy of the aforesaid notice to each of the I following: 1. Secretary of the Executive Council Iowa State Capitol Des Moines, IA 50319 (By restricted certified mail) 2. Director of Transportation Highway Division State Department of Transportation Ames, IA 50010 (a certified mail) I Certified mail receipts or stubs covering each said j mailing, hereinabove mentioned, are now on file in the offi- cial records of said City in my office. I Witness my hand and the seal of said City at. Iowa City, Iowa, this 29th day of March , 1983. j SEAL �Qd�e�J tet' �a.J Clerk (Attach to this certificate duplicate copy of Notice to Property Owners, as mailed.) AHLER6, GOONEY. DOR W EILER. HAYN IE 6 SMITH. LAWYERS. DEB MOINES, IOWA .23 �- HICROFILIVED BY ' JORPA--MICRbLAB- � I CEDAR RAPIDS •DES MOINES I ! NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a sidewalk improvement, designated as the Kimball Road Special Sidewalk Assessment Project - 1983, of the types and in the location as follows: 4 inch concrete sidewalk, 4 feet wide on the east side of Kimball Road from Kimball Avenue North to Whiting Avenue. That the proposed district to be benefited and subject to assessment for the cost of such improve- ments is described as follows: All properties abutting along the line of the improvements on the east side of Kimball Road. The Council will meet at 7:30 o'clock p.m., on the 1 29th day of March, 1983, at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, i Iowa, at which time the owners of property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, and boundaries of the district, the i cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolu- tion of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. Clerk, Iowa City, Iowa v 141CROFIL14ED BY -JORM-- `MICR6LAB- - -� CEDAR RAPIDS • DES MOMES 1 CRY$ COPY CiSA-3-4-78 Re: KIMBALL ROAD SPECIAL SIDEWALK ASSESSMENT PROJECT - 1983 STATE OF IOWA ) COUNTY OF JOHNSON ) SS I, the undersigned, do hereby certify that I am now and was at the time hereinafter mentioned, the acting Clerk of the City of Iowa City, in the County of Johnson, State of Iowa, and that as such Clerk of said City and by full authority from said City Council, I have caused a NOTICE TO PROPERTY OWNERS Of which the clipping annexed to the Publisher's affidavit hereto attached is in words and figures a correct and complete COPY, to be published in Iowa City Press Citizen, a legal newspaper Published at least once weekly, printed wholly in the English language, published regularly and mailed through the Post office of current entry for more than two years and which has had for more than two years a bonafide paid cir- culation recognized by the postal laws of the United States, having general circulation in said City, and that said Notice was Published in said newspaper in all of the issues thereof Published and circulated on each of the following dates: March 16 , 1983; and March 23 , 1983. WITNESS my official signature at Iowa City, 29th day of March , 1983. Iowa, this AHLERS. COONEY. DORWEILER. HAYNIES SMITH, LAWYERS, DEB MOINES. IOWA ZFCEDAR FILMED BY -MIC R�IL AO" DS • DES MOINES _ _"J 5G 3 RESOLUTION NO. 83-74 RESOLUTION TOARDING ATTESTCONTRACT CONTRACTAND FORATHEORIZING MAYOR TO SIGN AND CONSTRUCTION OF IOWA CITY TRANSIT FACILITY PROJECT WHEREAS, Miami Constructors, Inc. has submitted the best bid of 2,069,700 F61 the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Miami Constructors, Inc. subject to the condition that awar ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject cto the ertificates,iandthat awardee contract complecure aequatiance programece bond, insurance statemenperfomts. It was moved by McDonald and seconded by Perret that the resolution as read be a opted, an upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson _ x Erdahl x Lynch XMcDonald X Neuhauser X Perret Passed and approved this 29th day of March 1983 . ATTEST: A 2! CITY CLERK L.. i MICROr ILMED BY _ 1 JORM-MIC RbC.40_ CEDAR RAPIDS DES MOINES Rzcaived & Approved By Thz Legal Department 57d i r THE AMERICAN INSTITUTE OF ARCHITECTS M AIA Document A101 Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGA[ CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURACED WITH RESPECT TO ITS CnA1PII7VnN OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, Goneral Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT niade as of the Twenty-ninth day of March Hundred and Eighty-three. BETWEEN the Owner: City of Iowa City Iowa City, Iowa 52240 and the Contractor: Miami Constructors, Inc. 450 Huff Street Dubuque, Iowa 52001 The Project: Transit Maintenance Facility City of Iowa City in the year of Nineteen The Architect: R. Neumann Associates 1056 1/2 William Street Iowa City, Iowa 52240 The Owner and the Contractor agree as set forlh below. Copyright 1915, 19111, 1925, 1937, 1951, 19511, Y01,1, 19631 W.71 1974, N 1977 by the American Inslitule of Architects, 1735 New York Avenue, N.W., Washinglon, D. C. 21KK76. Reproduction of Ihr malerial herein or substantial quotation of its provisions without permission of the AIA vinlales the copyright laws of the foiled Slate% and will be suhiect in legal prosecution. AIA DOCUMENT A101 • OsVNIR-CONIRACIOR AGRLI'.NI:NI• ILEVENTH EDITION • JUNE 1977 • AlAO 61977 • TIIE A.WRIGW INSTITUTE Of ARCIIITECTS, 1,31,NLYV YORK AVL. mw, kYAs1 IINGTON. D.C. 20006 MICROFILMED BY L -� 'JORIVI--MICRI�LA O--� CEDAR RAPIDS • DES MOINES I A101-1977 1 570 —T. I ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract ((;eneral, Supplemenlary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issuer) after exe- cu[ion of [his Agreement. These form the Contract, and all are as fully it pail of the Contract as if attached In this Agreernenl or repeated herein. An enumcr.dian of the coniracl Ihmnnents aplwoi, in Attirie 7. t i ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for the circle imen the caption drsorprive or the Work .0 used an other Cpnnrarn ooaumcnrs.) j t Transit Maintenance Facility consisting of a 37,600 square foot (approximate) building including bus fueling, servicing, washing, repair, overhaul, storage and parts storage areas as well as office and locker room facilities. j e r 1 i r i ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION i The Work to be performed under this Contract shall be commenced on the date stipulated in the Notice to Proceed and, subject to authorized adjustments, Substantial Completion shall be achieved not later than July 31, 19841 I pterr Well any special prm'idnm for liquidated damages totaling ro failure no rumplete nn cairn'.) ! The Contractor will be held responsible for substantially completing his contract on or before July 31, 1984. For each calendar day that any work shall remain uncompleted beyond the specified completion date or any time extension granted, the amount of Two Hundred Fifty Dollars ($250.00) will be assessed as liquidated damages. i I i AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION JUNE 1977 • AIAO - 01977 • THE AMERICAN INSTITUTE Of ARCHITECTS, 1775 NEW YORK AVE., N.W., WASHINGTON, D. C. 20OD6 A1014977 2 570 r f i MICROFILMED BY JDRM'MICRbLAB'" 1 L% CEDAR RAPIDS • DES HONES � / ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, sub'ecl to additions and deductions by Change Order as provided in the Contract Uot unenls, the Cuntou'I Sum of ($2,069,700.00) Two Million Sixty-nine Thousand Seven Hundred Dollars. The Contract Sum is determined as follows: (State here the base bid or oder lump sum amount, accepled alcernaleb and unit prices, as applicable.) - Base Bid: Add Alternates: No. 2: No. 6: No. 7: $2,015,000.00 3,700.00 Card Reader for Fuel Dispenser 19,000.00 HVAC Micro -Processor 32,000.00 Emergency Generator $2,069,700.00 ARTICLE S PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect and Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than thirty days following submission of the Application for Payment by the Contractor, ninety-five percent (95%) of the portion of the Contract Sum properly allocable for acceptable labor, materials and equipment incorporated in the Work and ninety-five percent (95%) of the portion of the Contract Sum properly allocable to approved materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety-five percent (95%) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rale entered below, or in the absence thereof, at the legal rale prevailing at the place of the Project. (01110 inwrl any rah of Interest agreed upon.) Worry law, and se9uiremenb under the Federal Truth in lending Act, similar nam and local mnwmw, credit laws and other regulations if the Owner's and Contractor's principal place, of business, the location of the Project and elsewhere our affect die validity of this provision. Specific legal advice should be obtained with respect to deletion, modibadon, or ulher ro9umw imrnu such ar rinen disclosures or „vh ors.l AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREFMrN7 • ELEVENTH EDITION - IUNE 1977 - AIAO 011977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NAV, WASHINGTON, D. C. 20006 A101-1977 3 Seo MICROFIL14ED BY 1. -JC3RFA "MICR#LAB'- , CEDAR RAPIDS DES MOINES f E _ _ ARTICLE 6 FINAL PAYMENT final payment, constituting the entire unpaid balance of the Comsat., stun, shall be paid by the Owner to the Contractor when the Work hats been cumpletod, the Conna(t lull' mtfunned, •Ind .1 (mal Certificate for Payment has heen i„ued by the Atchiteet• The fi nal five percent %1 , however, will not be paid to the Contractor until thirty (30) days after formal acceptance of the work by the City Council. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Ternis used in [his Agreement which are defined in the Conditions of IIIc Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article "I and, except for Modifications issue(] after esacum tion of this Agreeent, arc enumerated as (allows: andJrrrpinl l l allrrwln.,,l, thi, I;l PJgv m 'hi.,1.,. lLrn lin •, IIJH9' JIIII IIIJI19111I1rII• .II)IIIII dIIII• I' ]III V TIMI, Illi UL11\ illli\� III]• }III•r1111.,it III Irld aIIy IWdrndJ A.The Agreement B. The Conditions of the Contract 1. General Conditions 2. Supplementary Conditions 3. Labor Provision 4. Urban Mass Transportation Administration Requirements 5. Wage Rates 6. Protest Procedures 7. Contractor Compliance Program -city of Iowa City 8. Minority and Women Business Enterprise Policy C. The Specifications including: Divisions 1-10, 12, 14, 15 and 16. D. Drawings including sheets: A0.1, A1.1 - A1.3, A2.1 - A2.6, A3.1 - A3.5, A4.1 & A4.2, A5.1, A6.1 - A6.5, S1, 51.1, S2 - S6, MEI, M2 - M8, and E.2 - E.S. E. Addendum N1 dated March 9, 1983. F. Alternates as listed in Article 4. This Agreement entered into as of [he clay and year fiisl vrillen above. OWNER CONTRACTOR City of Iowa City Miami Constructors, Inc. Civic Center 450 Huff Street, P.O. Box 636 - ------ Iowa City, Iowa 52240 Dubuque, Iowa 52001 BY AIA Dr1Q1�NtIIT 101 ()"Na ILf0M NA(. I I IP Ala NI IIIA]VIII II IIN IUM 17 AIA” "11'177 111E AWRICAN INtiIIIUIr Uf AC(.I II ILL IS, 1111 NI%V 1'1166 A\L, N. V., \\A'a IINI,11 N, ). C. _INInr1 I v MICROFILMED BY 11. -- t DORM"'--:1:116LAB-' CEDAR RAPIDS DES MOINES AIOI.1977 4 Syo NOTICE TO BIDDERS Sealed bids will be received at the Office of the City Clerk, 410 E. Washington Street, Iowa City, Iowa 52240, until 2:00 P.M., March 16, 1983, for the construction of the Iowa City Transit Maintenance Facility. Address Bids To: Attention of the City Clerk, 410 E. Wash n ton Street, Iowa City, Iowa 52240, on or before the bid opening, local time and date specified. Bid shall be in a sealed envelope and clearly marked on front with reference to specified bid TRANSIT MAINTENANCE FACILITY, 2:00 PM, March 16, 1983. Bid Opening: March 16, 1983, 2:05 P.M., Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. Contract Award: A single lump sum proposal for all work and materials specified will be accepted. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Bonds Each proposal shall be made on a form contained in the specifications and must be accompanied by an acceptable bidder's bond or a check drawn on and certified by a bank in Iowa, and filed in a sealed envelope separate from the one containing the proposal, and in an amount not less than five (5) percent of the amount of the proposal, made payable to the City Treasurer of the City of Iowa City, Iowa, and may be enforced or cashed by the City as liquidated damages in the event the successful bidder fails to enter into a contract and file an acceptable bond satisfactory to the City assuring the faithful fulfillment of the Contract and guarantee of said improvements as required by law within ten days after the acceptance of his proposal. The successfull bidder will be required to furnish a bond in an amount equal to one hundred (100) percent of the Contract price, said bond to be issued by a responsible surety approved by the City and shall guarantee the faithful performance of the contract and the terms and conditions therein contained. � I v MICROFILMED BY 1. —1 JORMMIC R(�L7l: B"� -� CEDAR RAPIDS DES I4DIAES 576 1 J1 Funding This project is being funded in part by an Urban Mass Transportation Administration Grant (UMTA) requiring incorporation of a federal contract compliance program which is included as part of the Project Manual. Plans Prospective bidders may obtain plans and specifications from R. Neumann Associates, 1056h William Street, Iowa City, Iowa 52240, upon payment of $50.00 per set deposit and upon payment of a non-refundable $5.00 handling fee per set. Refunds of deposits will be made, provided that the plans and specifications are in good condition and returned within ten days after receipt of bids. Pre -Bid Conference A pre-bid conference will be held on March 1, 1983, at 1:00 P.M. in Meeting Room A of the Iowa City Public Library, 123 South Linn Street. The purpose of this conference is to review the Minority, and Women's Business Enterprise Program. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR ACTING CITY CLERK r r r RESOLUTION NO. 83-75 A RESOLUTION BY THE CITY COUNCIL OF IOWA CITY IN SUPPORT OF PUBLIC MASS TRANSPORTATION FUNDING WHEREAS, a little more than a month after the President signed into law a major transportation infrastructure bill, the administration has proposed a permanent deferral of $229 million in capital expenditures for public transit in FY83 and a budget proposal that would slash almost $1 billion in FY84 from the federal commitment to public mass transit including more than a two-thirds cut in operating assistance and its total elimination the following year, and i WHEREAS, the impact of this permanent deferral and budget proposal on Iowa City Transit would be a reduction of $104,000 in FY84 for the total allocation and a loss of $109,200 in operating assistance, and WHEREAS, it is essential that the funds authorized by Congress be made available to meet the needs of all those who use and rely on public transit service in Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Congress reject the permanent deferral of $229 million in FY83 by supporting the motion to deny the deferral; and 1 2. That Congress restore to the FY84 budget the almost $1 billion in transit funding authorized earlier this year to meet the operating and capital needs of the public transit element of our nation's transportation infrastructure. It was moved by Perret and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson _ x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 29th day of March 1983. MAYOR ATTEST: .,,,J --�, CITY CLERK I4ICROFILIdED BY —JORM._-MIC:LA]B— CEDAR ._� RAVIDS • DES MDI r ReceivcO I'A Approved By The Lvial Dehaliment .I i RESOLUTION NO. 83=76 i RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH HILLCREST FAMILY SERVICES, DBA IOWA CITY RESIDENCE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A RESIDENTIAL CARE FACILITY FOR MENTALLY ILL ADULTS. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing & Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93- 383); and, \ WHEREAS, the City of Iowa City wishes to utilize such funds to provide a facility for mentally ill adult males and females and to engage Hillcrest Family Services, dba Iowa City Residence, to acquire, rehabilitate, and utilize a residential care facility for mentally ill adult males and females. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an i agreement with Hillcrest Family Services, dba Iowa City Residence, ; to acquire, rehabilitate, and utilize a residential care facility for mentally ill adult males and females. Said agreement is attached to this resolution and is incorporated by this reference herein. j It was moved by Perret and seconded by McDonald the Resolution be adopted, and upon roll call there were: i i AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret I Passed and approved this 29th day of March 1983• I M YOR ATTEST: CITY CLERK llecetvsc! & Approved By Tho Legal Department r i t .. ,. MICROFILMED BY DORM" MIC RILA6'" % I CEDAR RAPIDS DES MOINES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLCREST FAMILY SERVICES, DBA IOWA CITY RESIDENCE FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A RESIDENTIAL CARE FACILITY FOR MENTALLY ILL ADULT MALES AND FEMALES THIS AGREEMENT, entered into this day of 1983, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and Hillcrest Family Services, dba Iowa City Residence, a private non-profit family service agency (herein referred to as "HFS"); and f WHEREAS, the City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize such funds to provide a residential care facility for mentally ill adult males and females and to engage HFS to acquire, rehabilitate, and utilize said residential care facility in 1 the city of Iowa City; NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE i OF THIS AGREEMENT: PART I i I. PURPOSE AND SCOPE OF SERVICES: A. HFS will acquire and rehabilitate a residential structure (property) in the city of Iowa City which will then be utilized as a residential care facility for mentally ill I adult males and females. B. The property to be acquired shall meet the following criteria: 1. Its location shall be within the corporate boundaries I of the City of Iowa City, Iowa. 2. Upon completion of rehabilitation it shall, at a , minimum, meet HUD Section 8 Existing Housing Quality Standards. 3. In all other respects, it shall conform to applicadle laws, codes, and ordinances of the City of Iowa City and the State of Iowa. C. Selection of the property to be acquired shall be made by HFS, with written approval of the City. 57-2, i 4 141CROFIL14ED BY I (1--JORM--MICR#L-AB_ ..� CEDAR RAPIDS DES MOINES I 2 D. Technical assistance in the rehabilitation of the structure shall be provided by the City. The City shall determine if the completed rehabilitation work meets the minimum H.U.D. standards. E. Following the completion of rehabilitation, the structure shall be occupied and utilized by HFS solely as a residential care facility for mentally ill adult males and females. II. TIME OF PERFORMANCE: HFS will perform according to the following schedule; subject to change only upon mutual agreement of both parties in writing: Program Element Deadline 1. Acquire property July 31, 1983 2. Contract for rehabilitation August 31, 1983 3. Complete rehabilitation November 30, 1983 4. Occupy structure/begin facility operations December 31, 1983 5. Continue facility operations January 1, 1984 thru December 31, 1993 III. COMPENSATION AND METHOD OF PAYMENT: The City will pay and HFS agrees to accept in full the amount of seventy-three thousand, five hundred dollars ($73,500) for performance under this agreement, as follows: 1. Partial payment will be made upon presentation of a properly executed real estate sales agreement for purchase of the property. Said partial payment will be contingent, however, upon procurement of insurance as required Section IV.0 of this agreement. 2. Balance of compensation due will be made upon presentation of a properly executed contract for the rehabilitation of the structure subject to proposed rehabilitation work as provided in said contract meeting minimum H.U.D. requirements as determined by City. 3. The total of the above payments will not exceed $73,500. IV. TERMS AND CONDITIONS OF OWNERSHIP: A. Title to the property will be vested in the name of Hillcrest Family Services. B. The City will assume no responsibility or liability for the operation, program funding, or debts of the property. J 1 iE OFILMED BY .MICR(SCAB.-. IDS • DES MOINES II .. . _ .. s7.z JI L r - 3 C. HFS will, at its own expense, procure and maintain during the period of this agreement, all-risk property damage and liability insurance to be effective as of the date of possession of the property. Property damage coverage shall not be less than the current market value of the property, and liability coverage shall not be less than $100,000 bodily injury per person or $300,000 bodily injury per occurrence. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to i do business in the State of Iowa. D. HFS will not sell, assign, or transfer any legal or equitable interest in the property at any time prior to December 31, 1993, without the written approval of the City. E. In the event that HFS elects to sell or otherwise transfer legal or equitable interest in the property prior to December 31, 1993, HFS will pay to the City a prorated share of the $73,500, as determined by the Special Promissory Note which is attached hereto as Exhibit A and is incorporated by this reference herein. Said Promissory Note shall be executed by HFS concurrent with the execution of this agreement. F. Except as provided herein, the term of this agreement shall be from the date of execution through December 31, 1993. G. This agreement is subject to and incorporates all other terms and conditions set forth in Part II hereof. PART II I. PERFORMANCE AND REPORTING: A. HFS will maintain an ongoing program of services for mentally ill adult males and females at the property to be acquired under this agreement until December 31, 1993, in a manner satisfactory to the City. B. HFS will direct all correspondence concerning this agreement to the office of the Iowa City Community Development Block Grant Program Coordinator. C. HFS will submit quarterly reports to said Program Coordinator's office by the 20th day of February, May, August, and November of each contract year. In addition, an annual audited report will be submitted by March 1 of each contract year. No reporting requirements shall extend beyond December 31, 1993. 57Z I 141CROFIL14ED BY I. '"DORM--MICR¢L'AI3'- CEDAR RAI, 1 DS DES 1401"IES f � _ J I I I I / . r 4 Such reports will include, at a minimum, statistics pertaining to the numbers and county of residence of persons housed in or utilizing the services of the facility. D. Not later than January 31, 1984, HFS will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. II. OTHER REPORTS AUDITS, AND INSPECTIONS: A. HFS will furnish the City or HUD with such statements, records, data, and information as the City or HUD may request pertaining to this agreement within the time requested. B. At any time during normal business hours, there shall be made available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized representatives, all of HFS's records with respect to this agreement in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this agreement. C. HFS will retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three (3) years from the termination of this agreement. D. HFS shall take reasonable precautions to protect the privacy interests of persons seeking and/or receiving assistance at the facility. HFS also agrees to abide by all applicable state and federal laws pertaining to housing for the adult mentally ill, if and when such laws would apply. III. PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-102 shall apply to the use of funds disbursed under this agreement. IV. NONDISCRIMINATION: No person shall be excluded from or denied the benefits of the facility for mentally ill adult males and females on the basis of race, color, national origin, or sex. All current and prospective residents must, however, meet and maintain the goals and provisions of the Iowa City Residence program to be admitted and continue in the program. f� 11 i I4ICROFILIIED BY `JORM---MICR(L-A CEDAR RAPIDS • DES MOVIES .5 %L ; I J l I I I I / . r 4 Such reports will include, at a minimum, statistics pertaining to the numbers and county of residence of persons housed in or utilizing the services of the facility. D. Not later than January 31, 1984, HFS will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. II. OTHER REPORTS AUDITS, AND INSPECTIONS: A. HFS will furnish the City or HUD with such statements, records, data, and information as the City or HUD may request pertaining to this agreement within the time requested. B. At any time during normal business hours, there shall be made available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized representatives, all of HFS's records with respect to this agreement in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this agreement. C. HFS will retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three (3) years from the termination of this agreement. D. HFS shall take reasonable precautions to protect the privacy interests of persons seeking and/or receiving assistance at the facility. HFS also agrees to abide by all applicable state and federal laws pertaining to housing for the adult mentally ill, if and when such laws would apply. III. PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-102 shall apply to the use of funds disbursed under this agreement. IV. NONDISCRIMINATION: No person shall be excluded from or denied the benefits of the facility for mentally ill adult males and females on the basis of race, color, national origin, or sex. All current and prospective residents must, however, meet and maintain the goals and provisions of the Iowa City Residence program to be admitted and continue in the program. f� 11 i I4ICROFILIIED BY `JORM---MICR(L-A CEDAR RAPIDS • DES MOVIES .5 %L ; I J 1-, 5 V. EQUAL EMPLOYMENT OPPORTUNITY: HFS certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, HFS will insure that all contracts for work under this agreement contain an appropriate equal employment opportunity statement. VI. HISTORIC PRESERVATION: HFS will assist the City to comply with all historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. VII. LEAD-BASED PAINT POISONING PREVENTION: HFS will comply with the requirements of the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regulations thereunder (24 CFR Part 35), insofar as they apply to the performance of this agreement. VIII. TERMINATION OF AGREEMENT FOR CAUSE: If HFS fails to fulfill its obligations under this agreement in a timely and proper manner, or if HFS 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 HFS specifying the default, or defaults, and stating that this agreement will 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, HFS will repay to the City the full amount of $73,500, or at the option of the City, shall convey legal title to the property to the City of Iowa City. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this agreement pertains, shall have any private interest, direct or indirect, in this agreement. 57z I.1ICROFIL14ED BY I1. JORM--MICREICA9` CEDAR RAPIDS DES MOINES I /� i 3 X. INTEREST OF HFS: HFS covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this agreement. HFS further covenants that in the performance of this agreement no person having such an interest shall be employed by HFS. XI. ASSIGNABILITY: HFS shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written approval of the City. XII. HOLD HARMLESS PROVISION: HFS shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this day of 1983. CITY OF IOWA CITY BY: IWI.LM l.. jb1&ALj4U MAYOR ATTEST: 4O i sir/ -,11 CITY CLERK HILLCREST FAMILY SERVICES, DBA IOWA CITY RESIDENCE MICROFILMED BY ! I11 DORM "MIC R¢C:413 CEDAR RAPIDS DES MOINES t Boealvod & Apprnvod By The Legal Depsrtmon► z4 ..S _ .5%a - 1 I I I EXHIBIT A SPECIAL PROMISSORY NOTE FOR VALUE RECEIVED, Hillcrest Family Services, dba Iowa City Residence (the undersigned), promises to pay to the order of the City of Iowa City (herein called the "City"), the sum of seventy-three thousand, five hundred dollars ($73,500). This Special Promissory Note shall bear no interest and shall have no installment payments. Repayment shall only be required as described below. However, the undersigned reserves the right to repay at any time all or any part of the principal amount of this Note without the payment of penalties or premiums. Any amounts due hereunder shall be payable to the City at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, or at such other place as the City may designate. In the event the undersigned shall fail to pay the principal amount of this Note when due as described below, the unpaid principal amount of this Note shall become due and payable, at the option of the City, without notice to the undersigned. Failure of the City to exercise such option shall not constitute a waiver of such default. If suit is instituted by the City to recover this Note, the undersigned agrees to repay all costs of such collection, including reasonable attorney's fees and court costs. If, within ten (10) years from the date of the execution of this Note, the undersigned shall sell or otherwise transfer, deed, or convey the pftperty which is the subject matter of the Agreement between the City and the undersigned dated- 1983, the undersigned agrees to repay the City in the ollowing manner: A. If said property is sold or otherwise transferred within one (1) year from the date of this Note, 100 percent of the original principal amount of the Note shall be repaid. B. If said property is sold or otherwise transferred one (1) year after the date of this Note, 90 percent of the original principal amount of this Note, shall be repaid. C. If said property is sold or otherwise transferred two (2) years after the date of this Note, 80 percent of the original principal amount of this Note shall be repaid. D. If said property is sold or otherwise transferred three (3) years after the date of this Note, 70 percent of the original principal amount of this Note shall be repaid. E. If said property is sold or otherwise transferred four (4) years after the date of this Note, 60 percent of the original principal amount of this Note shall be repaid. F. If said property is sold or otherwise transferred five (5) years after the date of this Note, 50 percent of the original principal amount of this Note shall be repaid. G. If said property is sold or otherwise transferred six (6) years after the date of this Note, 40 percent of the original principal amount of this Note shall be repaid. H. If said property is sold or otherwise transferred seven (7) years after the date of this Note, 30 percent of the original principal amount of this Note shall be repaid. I. If said property is sold or otherwise transferred eight (8) years after the date of this Note, 20 percent of the original principal amount of this Note shall be repaid. J. If said property is sold or otherwise transferred nine (9) years after the date of this Note, 10 percent of the original principal amount of this Note shall be repaid. MICROFILMED BY lI 1 - -JORM �M IC R(�LAB" CEDAR RAPIDS DES MOVIES i 5%2 J r 2 K. After ten (10) years from the date of this Note without a sale, transfer, deed, or other conveyance, the undersigned shall be under no obligation to repay any funds, and this Note shall be cancelled. L. The provisions of this Note shall be binding upon the successors, or assigns of the undersigned for a period of ten (10) years from the date of this Note. In witness whereof, this Note has been duly executed by thg authorized representatives of the undersigned, on the _ day of w AA / , 1983. HILLCREST FAMILY SERVICES, DBA IOWA CITY RESIDENCE Siginature Signature Sworn and subscribed to before me this Z day of j2A&#4 , 1983. Out- NOTARY P LIC IN AND F R JOHNSON COUNTY, IOWA Recolved & Approved By The Legal Department � RESOLUTION NO. 83-77 RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE PROGRAM MANUAL FOR THE HOUSING REHABILITATION FORGIVABLE LOAN PROGRAM BY THE I ADDITION OF A NEW SECTION 5 TO CHAPTER 4 THEREOF WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1981), to formulate a program for utilizing appropriate private and public resources to prevent or eliminate slums or blight and to encourage property rehabilitation, and WHEREAS, the City Council has budgeted Community Development Block Grant funds to engage in a Housing Rehabilitation Program within designated Neighborhood Strategy Areas, and WHEREAS, by Resolution No. 79-577, the City Council approved and authorized the implementation of the Housing Rehabilitation Forgivable Loan Program, and WHEREAS, there is, from time to time, a need to increase a forgivable loan amount to provide for emergency repairs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the program manual for the Housing Rehabilitation Forgivable Loan Program be amended by the addition of a new Section 5 to Chapter 4 thereof; a copy of said Section 5 being attached and by this reference made a part of this I Resolution. It was moved byLynch and seconded by Dickson the Resolution be adopted, and upon roll call there were: l AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald i x Neuhauser x Perret Passed and approved this 29th day of March 1983. MAYOR i I i ATTEST: CITY CLERK ' p Itoee4;C4 S: f.pt r,.v:rf By Me Lc nsS i} artnxnt ZZ ,5;7-? L.. \ i 141CROFILMED BY -DORM-._MIC R#L'40._ ... .._.I ..� CEDAR RAPIDS • DES M01YES CHAPTER 4. FORGIVABLE LOANS 5. INCREASED LOAN AMOUNT FOR EMERGENCY REPAIRS. The forgivable loan amount may be increased in order to make repairs to the property which are necessitated by an emergency which makes the property not habitable, as determined by the City, provided the following condi- tions are met: a. The emergency arises within two (2) years after the completion of the original repairs financed through this program, as evidenced by a Certification of Final Inspection (see Chapter 10). U. The increased loan amount, when added to " amount, does not exceed $15,000. C. The applicant/owner is the same as the recipi( forgivable loan. d. The applicant executes an amended promissor the increased loan amount, retroactive to original promissory note. No other increase in the loan amount will be author I 141CROFILMED BY I JOR M" -MIC R6L;4 B"- f CEDAR RAPIDS DES MOINES ply 7,I City of, Iowa Cit-,. MEMORANDUM Date: March ll, 1983 To: City Council From: A Jim Hencin, CDBG Program Coordinator Re: Proposed Amendment to Housing Rehabilitation Program •In recent months, both the Housing Commission and Committee on Community Needs have discussed the need to increase a loan amount when emergencies arise after the completion of work under the City's CDBG funded housing rehabilitation program. Additional language (contained in the attached resolution) has been prepared to address this concern. These provisions for emergency repairs would apply only to the Forgivable Loan Program which is restricted to low income elderly or handicapped homeowners. As with all other housing rehabilitation loans, an increased loan amount would be subject to the approval of the Housing Commission, upon recommendation of the staff. This amendment has been reviewed by the Housing Commission and recommended• for inclusion in the Housing Rehabilitation Program manual. Memorandum of Agreement Iowa City, Iowa March 29 , 1983 The City Council of Iowa City, Iowa, met in reoular session on the 29th day of March , 1983, at 7:30 O'clock P.m., at the Civic Center, City Hall, in Iawa City, Iowa. The meeting was called to order and there were present Mary C. Neuhauser Mayor, in the chair, and the following named Council Piemnbers: Balmer, Dickson, Lynch, McDonald, Perret Absent: Erdahl Matters were discussed relative to the financing of a project Pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Balmer introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of.Agreenvent with Iowa Book & Supply Co." and (roved its adoptio; seconded by Council Nhmber McDonald After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: McDonald, Neuhauser, Perret, Balmer Dickson Lynch Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. /IA41,u�. iirL..t_i n c Attest: Mayor / A&`4—'-4` City Clerk (Seal) Ll; - 111CROFILI4ED DY j, 1 FCEDAR ORM--MICR#CAB-- RAPIDS • DES MOIMES I 574 r ,J I ,- 14, RESOLUTION 83-78 A Resolution authorizing the execution of a Memorandum of Agreement with Iowa Book & Supply Co. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS,. the Issuer has adopted an Urban Renewal Plan, Project No. i�wa R_mq (the "Urban Renewal Plan") for the Urban Renewal Area desrgnatedtherein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Iowa Book & Supply Co. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and j WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to f the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreenent, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the City Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. .57i'l MICROFILMED BY -.,,.•, `., '-JORM-"MICR#GA9-� . CEDAR RARIDS • DES MOINES 1 If It was moved by Balmer and seconded by McDonald that the Resolution as res e a op e , and upon roll ca t ere were: AYES: NAYS: ABSENT: x B.ALMER x DICKSON x EROAHL x LYNCH j j x MCDONALD x NEUHAUSER x PERRET Passed and approved' this 29th day of March , 1983. i MAYOR ----- ATTEST:�- CITY�CLERK �J I MICROFILMED BYf JORM'--MICR�LAB�� j CEDAR RAPIDS DES IA0I YES 1 ff EXHIBIT A is � • i� i � • �o- is THIS MEMORANDUM OF AGREE= is between the City of Iowa City, Iowa, (the "Issuer") and Iowa Book & Supply Co. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises, which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Iowa Book & Supply Co (the "Company") in its commercial enterprise, located within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in the aggregate principal amount not to exceed $500,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the part of the Issuer. . (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $500,000. (b) Subject to due oairoliance with all requirements of law, including the provisions of and the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and i the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. —Undertakings on the part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer SUMS sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Comaany shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Wnether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the I performance or the preparation to perform its obligations hereunder, or due at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not wnstitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the agreement by the Issuer is not intended to nor does it create a binding ccnrnitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is 57X i 1 i 141CROMMED BY - . I�. 1`JORM--MICR AB- 111 .r LI CEORk RAPIDS •DES MDImES If l I} r-. J conditioned upon, among other of the Industrial Revenue Bond City, Iowa. Attest: full compliance with all provisions and Procedures for the City of Iowa Dated this 29th day of March , 1983. Citv Clerk 61 (Seal) State of Iowa County of Johnson SS: City of Iowa City Iowa City, Iowa Iowa Book & Supply Co. By President I, the undersigned, do hereby certify that I am the acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully coroared the transcript hereto attached with the aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of Agreement. by and between Iowa Book & Supply Co. and said City. WITNESS my hand and the seal of said city hereto affixed this 29thlay of March , 1983. (Seal) i MICROFIL14ED BY )_ _ -J0RM--MICRI�CA B� I CEDAR RAPIDS DES MINES S7i1 u J.I. - City of Iowa Cite, MEMORANDUM Date: March 24, 1983 To: City Council p` , From: Rosemary Vitosh, Director of Finance Re: IRB Application From Iowa Book and Supply Staff review of the application and the financial analysis revealed no major problems with the request to issue bonds for this project. The application stated the reason for requesting Industrial Revenue Bonds as "The 30% savings by using IRB's will allow me to make the move the Old Capitol Center and still provide a high quality bookstore facility for the Iowa City area... will permit the applicant to construct a more spacious and aesthetically pleasing store." Staff review did prompt a request for additional information about the project. I have attached a copy of my letter which requested that additional information and a copy of the written response as it does provide substantial detail on the project. The Written response to question #4, C, mentions the likelihood of the installation of an escalator in Old Capitol Center near the Washington Street entrance to the Center. We agree that an escalator would be an enhancement to the Center and encourage Council to pursue this with Mr. Peter Vanderhoef of Iowa Book and Supply as a condition for the issuance of the bonds. The project will not be reviewed by the Design Review Committee as it does not include the renovation of the outside of building. tp4/9 u J'•7A i March 18, 1983 Attorney Robert N. Downer 122 S. Linn St. Iowa City, IA 52240 Dear Bob: Staff has begun review on the Industrial Revenue Bond application submitted by Iowa Book & Supply and needs additional information on the following items in order to continue with that review. 1. Will the decrease in square footage at the new location, as compared with the square footage at the current location, cause a reduction in any product lines for the store? The financial statements and financial projections show a decrease in both sales and cost of goods sold for FY84 as compared to FY82; please explain why that decrease will occur. 2. In line with the above item, if there is a decrease in product i lines, will it cause any reduction in the level of staffing? The application states ."no substantial change"; however, we need to know what kind of change is expected. 3. Is the lease with the old Capitol Center finalized yet? How definite is the decision to relocate; for example, if Dey Building Corporation offered a lower lease rate, would the relocation be reconsidered? 4. On pages 2 and 3, the Industrial Revenue Bond Policy lists the criteria upon which the City will grant approval for the issuance of Industrial Revenue Bonds. Briefly stated, they are: a. Preservation of existing or creation of new employment. b. The extent to which the tax base will be increased. C. Enhancement and strengthening of the downtown. d. Upgrading or improvement of deteriorating structures. e. Preservation and restoration of buildings with historical and/or architectural significance. i I-0ICROF ILRED BY 1 L JORM -MIC L CEDAR RAPIDS • DES tdO RJES J i L Mr. Robert Downer March 18, 1983 Page 2 This request does not appear to meet any of those criteria. Please provide additional justification relative to why the City should issue these bonds and identification of the public purpose which would be served by the issuance of the bonds. 5. Robert Jansen, City Attorney, has confirmed that a conflict of interest exists as long as Mr. Peter Vanderhoef is a member of the Board of Adjustment. Please inform us as to how this problem will be resolved. Please provide a written response to the above by March 23, 1983, as this information will be needed to finish the review by staff prior to March Ig 29, 1983e application thateagendauest omust be finallizedeby 9:00 AN, March 25, 1983. Call me at 356-5052 if you have any questions on any of the above items. Sincerely, Rosemary Vitosh Director of Finance cc: Neal Berlin, City Manager ! Peter Vanderhoef bc5/3 i i l f r I41CROFILIIED BY _I 'JORM-MICR6tA:B- 1 -- CEDAR RAPIDS DES MOIRES 57� ; I MAR 2 2 191. MEARDON, SUEPPEL, DOWNER & HAYES WILLIAM L.MEARDON WILLIAM F'SUEPPEL LAWYERS ROBERT N. DOWNER 122 SOUTH LINN STREET JAMES P. HAYES TELEPHONE JAMES O. McCARRAGHER IOWA CITY, IOWA 52240 338.9222 THOMAS J. CILEK AREA CODE 319 MARK T. HAMER THOMAS D. HOBART MARGARET T. LAINSON March 18, 1983 ANGELA M. RYAN DOUGLAS D. RUPPERT Ms. Rosemary Vitosh Director of Finance City of Iowa City 410 East Washington Iowa City, Iowa 52240 __... Re: City of Iowa City, Iowa Industrial Development Revenue Bonds, Series 1983 (Iowa Book & Supply Company Project) i Dear Rosemary: j Thank you for your letter of March 18, 1983. This response to that letter has been compiled jointly by Pete Vanderhoef and myself. As you know, I will be out of town all of next week. However, if you have any questions with respect to this matter during my absence please feel free to contact Pete directly. Also, Ben and Dick Summerwill and John Koza at the Iowa State Bank are all very knowledgeable with respect to this application, and.you' may feel free to contact any of them if you need information which they might be able to furnish to you. Our specific responses to the items raised in your letter of March 18 are as follows: 1. The decrease in square footage at the Proposed new location will not cause a reduction in the product line for the store. Because of the considerably more efficient layout of the space, which is all on one level, may potentially cause an expansion of the product lines available through the store. One reason for the greater efficiency of the proposed new location is that the existing facility occupied by Iowa Book & Supply Company was expanded nine different times between 1950 and 1970. Although significant remodeling occurred throughout this period in an attempt to integrate all of this space into one operation, some portions have been added I t I, MICROFILMED BY –DORM-"MICRbC"A9- CEDAR RANDS OES Id01;4CS �---- - -- - -- — _ I -- — Ms. Rosemary Vitosh March 18, 1983 Page 2 V f since the most recent and significant major remodeling, and therefore the layout is perhaps not as efficient as might be the case had all of this space been acquired and improved simultaneously. This problem will not occur in connection with the space in Old Capitol Center. Mr. Vanderhoef has attempted to be conservative in his financial projection, taking neither a "best case" nor "worst case" approach. As we are all aware, the University of Iowa predicts further enrollment increases for the immediate future but a decline within a few years, primarily because of the shrinking number of high school graduates. It is also Mr. Vanderhoef's feeling, as well as that of many other knowledgeable persons, that an economic recovery will cause more prospective university students to enter the job market rather than to enter or remain in college. All of these factors have been taken into account in the making of these projections. 2. As was indicated above, no decrease in product line will occur. Further, it is contemplated that, in line with other stores in Old Capitol Center, this store would stay open a greater number of hours, thereby resulting in some increases in hours worked by present personnel or, perhaps, an increase in staffing level. There is certainly no decrease anticipated, but we are not in a position at this time to commit that the number of employees will be decreased. 3. The Lease in Old Capitol Center is not finalized yet, although the area proposed to be occupied is covered by a "right of first refusal" to Iowa Book & Supply Company through April 30, 1983. Based upon conversation with management of Old Capitol Center, it is our belief that this time period could be extended if necessary. As I indicated to you on the telephone, it is our anticipation at this time that the business will relocate. However, because the Lease has not been finalized, and because we are not aware of any Lease Agreement made by the Dey Building Corporation with any other party, it is possible that a new lease between Iowa Book & Supply Company and the Dey Building Corporation could be negotiated. 4. It is our position that the request by Iowa Book & Supply Company meet several of the criteria set forth in the City's Industrial Revenue Bond Policy, including the following: (a) As you know, Iowa Book & Supply Company depends upon its close proximity to the University of Iowa as well as upon a substantial amount of retail space in which to conduct its business activities. To our knowledge,'there are no other locations within J — I. j MICROFIL14ED BY � -JORM- MICROLAB- CEDAR RAPIDS OES 140IYE5 I /� I - --fir I i Ms. Rosemary Vitosh March 18, 1983 Page 3 a number of blocks of the campus which could accomodate Iowa Book & Supply except for the facilities presently occupied and those being offered in Old Capitol Center. As you have no doubt seen from the financial statements, this business operates on a high volume, low margin basis. In the event that a satisfactory rental could not be negotiated, the prudent course of action would appear to be to liquidate the business rather than to pay rent at levels which would vertually assure substantial financial losses. The approval of the Industrial Revenue Bond request will result in the preservation of existing employment of a substantial number of persons. Hopefully, some new jobs will also be created. (b) Because of the substantial improvements which would be placed in the proposed business location in Old Capitol Center, it would be my assumption that the valuation of the Center would be increased accordingly, thereby increasing the tax base. Many of the improvements which Iowa Book & Supply Company has placed in its present location over the years would remain, and it would not appear to me that the valuation of that location should decrease. Therefore, it would appear that the tax base of the central business district should increase to the approximate extent of the improvements proposed to be placed in Old Capitol Center. (c) The space which will be occupied by Iowa Book & Supply Company in Old Capitol Center represents a large block of presently "dead" space in the Center. The presence of such a strong retail business on the second level of the Center will no doubt stimulate retail activity of those businesses located in proximity to it. Further, it would appear that the occupancy of this area would enhance the overall attractiveness of Old Capitol Center. There would appear to be a strong likelihood that, if Iowa Book & Supply Company relocates to Old Capitol Center, an escalator to the second floor would be installed near the Washington Street entrance to the Center. This would, in our opinion be a substantial enhancement and strengthening of the Center and, as a j result, the entire downtown area. (d) While Old Capitol Center could not be considered a "deteriorating structure", the area proposed to be occupied by Iowa Book & Supply Company could not at this time be considered attractive or an enhancement to the Center. This unattractive area of the Center would therefore be removed. 5. As I mentioned to you over the telephone, I have discussed Mr. Vanderhoef's status as a member of the Board of 57� i i 14]CROFILI•IED 61' l 1 -.l I ""J ORM-MIC RE/L�A B" CEDAR RAPIDS DCS l40IYE5 ` I Ms. Rosemary Vitosh March 18, 1983 Page 4 Adjustment both with Mr. Jansen and with Mr. Vanderhoef. Mr. Vanderhoef has therefore tendered his resignation as a member of the Board of Adjustment, which resignation is presently on file with the City Clerk. I hope that this letter adequately answers the very thoughtful questions posed by you in your letter of March 18, and in our telephone conversation. Should you desire any further information at any time during the course of the review of this application, please do not hesitate to contact the persons named above, or myself commencing March 28. Very truly yours, cubo 1) "Igutiw' Igc c� Robert N. Downer �1 RND/j lb cc: Mr. Peter C. Vanderhoef Mr. Ben E. Summerwill y MICRof ILMED BY I l JORM--MICR¢L"AB- CEDAR RAPIDS DES MOIYES f� 57� i Proceeding Fixing Date for Hearing Iowa City, Iowa March 29 , 1983 The City Council of Iowa City, Iowa, met in regular session on the 29thday of March , 1983, at 7:30 o'clock P.m., at the Civic Center, City Hall, in Iowa City, Iowa. The meeting was called to order and there were present Mary C. Neuhauser, Mayor, in the chair, and the following named Council members: I � Balmer, Dickson, Lynch, McDonald, Perret Absent: Erdahl I � � Matters were discussed concerning the issuance of Industrial Development Revenue Bonds, Whereupon, Council Member Balmer introduced a resolution entitled:"Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, (Iowa Book &Supply Co. Project)", and moved its adoption; seconded by Council Member McDonald After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Neuhauser, Perret, Balmer, Dickson Lynch McDonald : Nays: None Absent: Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. `j Upon motion and vote, the meeting adjourned. l Ol: Ah1iA� Mayor Attest: 2 City Clerk (Seal) 575' r wE141CROFILMED BY CR#LAB'_DES MOIRES l� NOTICE OF INTENTION TO ISSUE 1► ► 71 ►, Z IV :• ►. (Iowa Book & Supply Co. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 26 day of AoriI , 1963, at the Civic Center, City Hall, in Iowa City, Iowa, at 7:30 o'clock -:m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Iowa Book & Supply Co. Project) of the Issuer, in an aggregate principal amount not to exceed $500,000 (the "Bonds"), and to loan said amount to Iowa Book & Supply Co., (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its camlercial enterprise consisting of a retail facility located within the Urban Renewal Area designated in the Issuer's urban renewal plan Iowa R-14 The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Iran Agreemnt between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redeaption premium, if any on the Bonds as and when the same shall become due. At the tip and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 29th day of March , 1963. i State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the City Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds (Iowa Book & Supply Co. Project) in an aggregate principal amount not to exceed $500,000. WITNESS my official signature and the seal of said City this 29thiay of March , 1983. (Seal) 57.5- T L 141CROFILMED BY JORW-"MIC R#L-A 9._ CEDAR RAPIDS • DES MOINES — - -- — RESOLUTION 83- 79 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Iowa Book & Supply Co. Project) WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Iowa Book & Supply Co. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds, (Iowa Book & Supply Co. Project) of the Issuer in an aggregate principal amount not to exceed $500,000 (the "Bonds")' and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and 1, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREMRE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall, in Iowa City, Iowa, on the 26 day of April , 1983, at 7:30 o'clock _L.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. J 141CROFILMED BY -JORM--MICR46 AB`- --� +J CEDAR RAPIDS DES MOI4ES I 575 JI Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less thar. fifteen (15) days prior to the date fixed for the hearing, in IOWA CITY PRFSS fITT7FN ' a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -67-5- 141CROFILMED BY __-_�-- r �+ ' JORFA-MICR#LAB- JJJ CEDAR RAPIDS DES M0I4ES L"If1 II �I i � 1 , 1 i j i Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less thar. fifteen (15) days prior to the date fixed for the hearing, in IOWA CITY PRFSS fITT7FN ' a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -67-5- 141CROFILMED BY __-_�-- r �+ ' JORFA-MICR#LAB- JJJ CEDAR RAPIDS DES M0I4ES L"If1 II �I i � 1 , 1 i j 1 I l Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. it was moved by Balmer and seconded by McDonald that the Resolution as res e a op e , and upon roll ca�Eure were: AYES: NAYS: ABSENT: `c B.ALMER x DICKSON X ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET Passed and approved'this 29th day of March , 1983. ATTEST: &w,,.) 41 ,-/ i T CITY CLERK '— "7 irl - 141CROFIL14ED BY-• � -••'I DORM-MtC R#LAB7 CEDAR RAPIDS DES M014CS I. _;; RESOLUTION NO. 83-80 RESOLUTION SETTING PARKING RATES FOR THE I014A CITY PARKING SYSTEM. WHEREAS, Chapter 23, Article VIII, Division 3, Code of Iowa City, establishes provisions for parking meter zones and parking lots, and WHEREAS, two multi-level parking facilities known as the Capitol Street Ramp and the Dubuque Street Ramp, have been constructed with the proceeds from a Parking Revenue Bond Issue, and WHEREAS, Resolution Number 80-484 established the parking rates for both parking ramps. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that: Effective April 18, 1983, the parking rates for both parking ramps will be revised as follows: MONDAY - SATURDAY 7:30 a.m. - 3:00 a.m. the following morning: 25¢ per hour 3:00 a.m. - 7:30 a.m., Tuesday -Sunday: 50¢ flat fee for any length of time during those hours. 7:30 a.m., Sunday - 7:30 a.m., Monday: No Charge It was moved by Dickson and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 29th day of March , 1983. JAAAI LM C' �IUAL&LLUA MAYOR ATTEST: ) C. y CITY CLERK a Rw4lvrA & Appmvccl By -L{Io Lo001 Pnl:ndnwnt I4ICRDF11MED BY r l` DORM --MIC R16 B� 1 CEDAR RAPIDS • 0 ES MOINES ! City of Iowa Cit! - MEMORANDUM Date: March 24, 1983 To: City Council and City Manager From: Rosemary Vitosh, Director of Finance Joe Fowler, Parking Superintendents Re: Revisions to Late-night Parking Rates in the Ramps In order to maximize revenue in the parking ramps and to institute one alternative for dealing with the vandalism in the ramps, we are recommending that the rate structure be changed such that the 25 cents per hour rate is charged until 3:00 a.m. We currently charge the hourly rate until 10:00 p.m. After 10:00 p.m. we charge a flat fee of 50 cents to exit. We currently have our night maintenance workers working at or near the exit gates after 10:00 p.m. to deter people from driving through the gates without paying. Having cashiers working until 3:00 a.m. would free up the maintenance workers to tend to ramp maintenance. As a by-product, this would put those maintenance workers in other areas of the ramps and should act to deter some vandalism that occurs at those late hours. Further recommendations for dealing with the vandalism problems will be finalized and submitted to you in one week for your review. On weeknights, approximately 170 vehicles exit after 10:00 p.m. at the rate of 50 cents per vehicle. On weekends, approximately 550 vehicles exit after 10:00 p.m. The average stay per vehicle (between 8:00 a.m. and 10:00 p.m.) is currently two and one-half hours. However, we suspect that the average stay for those vehicles exiting after 10:00 p.m. is much longer and that it is possible that we could almost double our revenue from 10:00 p.m. to 3:00 a.m. by having cashiers on duty until 3:00 a.m. Several downtown merchants have recommended that we charge the hourly rate later than 10:00 p.m. as a way to increase revenues. We also continuously observe that a large number of parkers exit the ramp right after 10:00 p.m. This probably occurs because they have parked in the ramp longer than two hours and they can save money by waiting until the rate drops at 10:00 p.m. to only 50 cents. Having cashiers on duty would also speed up the exiting of the theater patrons after 10:00 p.m. in that they would not have to find the correct change in order to exit. To extend the cashiers' hours would require adding four part-time cashier positions at an approximate cost of $420 per week. This compares with our weekly revenue after 10:00 p.m. of $1,800. Therefore, the increased revenue which would be raised as a result of extending the cashiers' hours and the 25 cent hourly rate, should more than sufficiently pay for the additional personnel costs. i 141CROFILMED BY � 1 I _ -JORM "MIC RYJCAB'� CEDAR RAPIDS • DES MOIRES 1 576 J I � RESOLUTION NO. 83-81 RESOLUTION SETTING PARKING RATES FOR CHAUNCEY SWAN PLAZA. WHEREAS, Section 23-277, Code of Iowa City, establishes provisions for permit parking lots, and WHEREAS, the Farmer's Market has grown to the size which requires placing limitations on permit parking in the Chauncey Swan Plaza Lot, and WHEREAS, Resolution No. 82-120, established the current parking permit rate at $20 per month. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that: Effective April 1, 1983, the existing permit parking rates in the Chauncey Swan Plaza Lot be decreased to $16 per month and that permit parkers will not be allowed to park in the reserved areas for the the Farmer's Market at the designated times. It was moved by Balmer and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson — x Erdahl x Lynch xMcDonald x Neuhauser x Perret Passed and approved this 29th day of March , 1983. ATTEST: %%, ,�14�N City Clerk —� Receivc0 & Approved By The Legal Do admanl 74 IdI CROFIUdED BY .---•-�� " JORM--MIC R46LQ B'— ( CEDAR RAPIDS DES MOINES 577 W i -1City of Iowa Citi— MEMORANDUM Date: March 24, 1983 To: Neal Berlin, City Manager From: Rosemary Vitosh, Director of Finance Joe Fowler, Parking Superintendentvl Re: Recommended Revisions to CBD Parking For sometime we have been reviewing the City's policy on (1) monthly permits in the two downtown ramps, (2) the hourly rates and usage in the Chauncey Swan lot and (3) future use of old municipal lot. This memo addresses each item and provides our current recommendations. PERMIT PARKING IN PARKING RAMPS Since Christmas, the occupancy in both ramps has been monitored. Peak usage typieach c that timerio alloccurs beween 11:00 hramp has between 150 to 200avacant dparking paces. dTherefore, theeCapitol Street ramp has a minimum of .20 percent of its spaces empty at all times, while the Dubuque Street ramp has a minimum of.40 percent of its spaces empty. There are currently 74 monthly permits in the Capitol Street ramp and 73 in the Dubuque Street ramp. For the last nine months, we have limited permit sales to renewals only; this has allowed for the gradual reduction of permits from the original 100 issued per ramp. It is obvious from the continuing requests for permits, that many more permits could be sold in each ramp, but we have limited permit parking in order to avoid further limiting the parking available for shoppers or the short-term parker in the Central Business District. The financial feasibility study done prior to the construction of the ramps projected that each ramp would be operating at a 70 percent average occupancy, during the daytime, in FY82. Actual average occupancy between 8:00 AM and 6:00 PM for FY82 ranged from 36% to 53% in the Capitol Street ramp and from 31% to 50% in the Dubuque Street ramp. Occupancy during the peak usage hours (11:00 AM to 2:00 PM) is approximately 78% in the Capitol Street Ramp and 55% in the Dubuque Street Ramp. The parking problems which have occurred in the ramps during the past year have not resulted because of shortages in parking spaces, but rather because of congestion in the ramps due to the poor traffic circulation patterns. In fact, even though the ramps were extremely busy between Thanksgiving and Christmas, the ramps were never 100 percent full. Therefore, there is no justification to remove permit parking from the ramps at this time. For, not only is there more than sufficient parking in the ramps on all but the few extremely busy days of the year, there is also limited long-term Parking available within the Central Business District. In order to better utilize the existing ramp space and continue to maximize revenues, we recommend selling 51 more permits in the Capitol Street ramp and 52 i MICROFILMED BY I1 1 MIC RbLAB" CEDAR RAPIDS •DES MOIYES ' I I oz.�r 577 (. 1 2 more in the Dubuque Street ramp. This will increase the number of permits to 125 per ramp. Adding these permits will increase average occupancy by 5% in the Capitol Street ramp and by 10% in the Dubuque Street ramp. Even with these additional permits, it would still have been rare to reach 100% occupancy during the past Christmas shopping season. It is not reasonable to leave so many spaces vacant 11 months of the year just to provide parking for the one month of heavy Christmas shopping. As has always been our intent, the permits in the ramps will be eliminated or reduced in number should the short- term parking demand in the future require more spaces in the ramps. The hotel opening will most certainly require the reduction of permits in the Dubuque Street ramp. But, those parking spaces should not sit empty until that opening date. As such, the permit holders will continue to be informed of the City's right to eliminate permits in the future. Because of the shortage of long-term parking in the CBD, any future elimination of ramp permits, in either ramp, will be very unpopular with the permit holders and the Council should expect very negative reactions. Effective April 1, 1983, we will require that all permit holders park on the upper two levels in the ramps. This will free up the choice parking spaces on the lower levels for the short-term parkers or shoppers, a long-time request from the downtown merchants. In addition, traffic on those upper levels will deter the vandalism that is now present because those levels are rarely used. In order to enforce, monitor and effectively limit the permit parkers to the upper two levels, it will be necessary to eliminate the one month permits. Effective April 1, 1983, only three month permits will be sold for the ramps. Three month permit holders are now issued a sticker which is affixed to lower left of the windshield. As in the permit lots, the sticker color is changed on each renewal date. This allows the Parking staff to patrol permit lots and recognize current permits using color identification instead of walking up to each car and reading the effective date on the sticker. The one month permits are now issued a cardboard visor card as there are not enough colors available to issue a different colored sticker each month. In order to efficiently patrol the ramps and be assured that permit parkers are parking only on the upper levels, it will be necessary to issue the color stickers which are permanently affixed to the car window. To provide a different colored sticker each month would require four colors per ramp or eight colors total for the ramp plus three additional colors for the permit lots. That is far too many colors to have to rotate every three months. Permits in the lots are sold on only a three month basis in the C.B.D. lots (at a cost of $60) and on only a six month basis in the outlying lots (at a cost of $72). Therefore, selling only three month permits at the ramps will make those permits more equitable to lot permits. 577 f i Id ICROMMED BY 11. DORM-MICR6LAB'- - 1 CEDAR RAPIDS DES MOINES ( i� I ! I 3 CHAUNCEY SWAN PARKING Up through the last week in February, parking in the Chancey Swan lot remained at approximately a 50 percent occupancy; this is the average occupancy level since the meter rates were increased to 20 cents an hour last summer. For the last two weeks, occupancy has increased to approximately 63 percent and remains at approximately the same level all day long. This shows that long-term parkers are using the meters in this lot. However, 70 percent of the parkers in that lot are permit holders. In addition, the 15 two-hour meters have a very low occupancy (usually less than 25 percent). Fifty-five monthly permits have been sold in this lot and there are nine people on the waiting list for permits. Because of the shortage of long-term parking in and near the CBD, we recommend that 40 additional monthly permits be sold for this lot. First choice would be given to those people on the Chauncey Swan waiting list and then to the 42 people on the Civic Center lot waiting list prior to offering the permits to the general public. In the past we have discussed the possibility of moving the permits from the parking ramps to this lot. However, because of the occupancy levels of the parking ramps, there is no justification for taking the permits out of the ramps at this time. In addition, the additional permit parking in the Chauncey Swan lot will help in meeting the need in the CBD for long-term parking. Since the 15 short-term meters in the west part of the lot have such a low occupancy level, we recommend that eight of those meters remain two-hour meters and that the other seven meters be changed to five-hour meters. This would allow for some longer-term metered parking for those parkers going to the Civic Center or other nearby businesses. The meters in the rest of the lot are ten hour meters. j When the parking meters were increased to 20 cents an hour, the fee for the monthly permit was also increased to $20 per month. This made the fees charged in that lot consistent with the fees charged in the CBD area, that area which is west of Gilbert Street. The Chauncey Swan lot is more easily accessible to the CBD than the Recreation Center lot and the Civic Center lot which justifies a higher monthly permit rate in the Chauncey Swan lot. However, the permit holders in the lot are asked to make concessions for the Farmer's Market, which is held in that lot from June through October. The Market grew substantially last year and at the end of the season utilized the area under the bridge and the majority of the east bay of parking spaces. Because of the Market, we have in past years found it necessary to ask permit holders to refrain from parking under the bridge after 5:15 p.m. on Wednesday evenings or before noon on Saturdays. It now appears that we will need to apply the same restrictions to the east bay of the lot. Therefore, there is justification to lower the monthly permit rate somewhat. We recommend that the permits be sold in the lot (55 current permits plus 40 MICROP ILMED BY --JORM -MIC R;LA:B� _T CEDAR RAPIDS DES Id0I.4ES s77 J 4 additional permits), at a monthly rate of $16. Permit holders will be restricted from parking under the bridge or in the east bay of the lot after 5:15 p.m. on Wednesdays or before noon on Saturday mornings. The meters should be left at 204 per hour due to their accessibility to the CBD. Lowering the cost of the permits to $16 provides all -day parking at a cost equivalent to 104 per hour. Selling 95 permits for this lot will still leave 45 spaces for meter parking. FUTURE USE OF OLD MUNICIPAL LOT We have received several inquiries from downtown merchants, the public and Mercy Hospital regarding the possible reopening of the old municipal lot (the old Penny's lot) for parking by the public or permit parking. We did open it last Christmas to provide for as much parking as possible in the CBD. However, it does not make sense to open it now to the public for parking as long as there is sufficient parking in the ramps; operating it as an attendant lot requires the hiring of three additional cashiers to staff it from 8:00 a.m. to 10:00 p.m., six days a week. Since construction of the hotel is scheduled to begin in the near future and since we do not yet know how much of the lot will be required to accommodate that construction, the future availability of the lot for parking uses is in limbo at this time. And, the additional permits recommended to be sold in the ramps and in the Chauncey Swwan lot will meet much of the demand for the long-term parking in the CBD. bdw/sp 141CROPILMED BY 1 1.l JORIVI- -"RAICR¢tiAB- ' CEDAR RAPIDS • DES 1401IIES -5-77 i 1 i l JI LJ r 1 RESOLUTION NO. 83-82 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE WHEREAS, the Police Department of the City of Iowa City, Iowa has during the past months stored a number of bicycles which have been abandoned by their owners; and WHEREAS, the Police Chief has made every effort to locate the owners of these bicycles and has been unsuccessful in his efforts; and WHEREAS, the total number of bicycles which have been accumulated have now become a storage problem, and the same are a burden on the City of Iowa City; and WHEREAS, it is in the public interest that said bicycles be sold at public auction to the highest bidders. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest cash bidder therefore, and that Notice of said sale shall be I published in the Iowa City Press -Citizen once each week for two consecutive weeks, the date of the last publication being no more than one week prior to the day of the sale. 2. That the proceeds from the sale of these bicycles shall t be paid into the Public Safety Fund portion of the budget of the City of Iowa City, after first deducting therefrom the cost the sale. s of. I It was moved by McDonald and seconded by Dickson that the'r8solution as rea e a opted, and upon roll c_aET there were: CAYES NAYS: ABSENT: x Balmer x Lynch x Erdahl x Neuhauser x Perrot x Dickson x D1cDonal d Passed and approved this 29th day of MarchlI ^ _, 1983 ATTEST:2 .,.n,.� 1 , i �fi. 7 'AQIy�yEilEA City Clerk Ma or IL ROCRIV3'f F �!pp!'nv@:� By 'lip L ua U _ 3/ r/fa 57� i 141CROFILI4ED BY JORM -MICR¢LA9` +j CEDAR RAPIDS • DES 1401 ES 9