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HomeMy WebLinkAbout2008-05-13 Resolution05- 3-08 2d 1 Prepared by: Kumi Moms, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 08-125 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 3, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER ROOF MEMBRANE REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 3rd day of June, 2008, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 13th day of May ~ 20.8-• c M ~ Approved by ATTEST: ~- ~ -~'-~ ~r~,7Zri~~~ CIT LERK City Attorney's Office ~ (~~~ W :lwpdata\PW ENG\RecCenterRoof-ptr08.doc Resolution No, nR-125 Page 2 It was moved by ('.hamni nn and seconded by adopted, and upon roll call there were: AYES: NAYS: X x x x ~- x Wilburn the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalgtossary/resolution-ic.doc I ~ t~i~~ Prepared by: Kumi Moms, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. nR-i ~ti 05-13-08 2e 1 RESOLUTION ACCEPTING THE WORK FOR THE ROBERT A. LEE RECREATION CENTER WINDOW AND PANEL REPLACEMENT PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Robert A. Lee Recreation Center window and panel replacement project, as included in a contract between the City of Iowa City and Reep, Inc. of Baxter, Iowa, dated June 5, 2006, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $629,960.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 13th day of ATTEST: ~ 71 9'~CLthJ CITY LERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x X -~ x X 20~_. Wilburn the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright W:\wpdata\PW ENG\RES\OS RecCtr-window&panel-acptwk.doc 5/08 City Attorney's Office ~/v~o ~ r\ i L \ '. ~ r _,- - ®~r~ ~`'~-+ ,wrw~~a~' CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org May 6, 2008 Honorable Mayor and City Council Iowa City, Iowa Re: Robert A. Lee Recreation Center Window and Panel Replacement Project Dear Honorable Mayor and Councilpersons: I hereby certify that REEP Inc., of Baxter, Iowa has completed the construction of the Robert A. Lee Recreation Center Window and Panel Replacement Project in substantial accordance with the plans and specifications prepared by the Engineering Division of City of Iowa City of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $629,960.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~~ ,~ Ron Knoche, P.E. City Engineer S:\Eng\ARCHITECTURE FILE\Projects\Robert A. Lee Recreation Center Exterior Panel Replacement\Engineer's Report_robert a. lee recreation center window and panel replacement projecl.doc ~'V1-~-p; 05-1 -08 [~ 2e 2 Prepared by: Sara Greenwood Hektoen, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 356-5030 RESOLUTION NO. 08-127 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AMENDMENT TO THE PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE BDI SUBDIVISION. WHEREAS, the City desires to construct the Eastside Recycling Center at 2401 Scott Boulevard, Iowa City, Iowa, which is located with in the Business Development Incorporated (BDI) subdivision and subject to certain protective covenants and restrictions; and WHEREAS, in order to facilitate the Eastside Recycling Center construction as planned, the City desires to amend the front yard setback limitation established in the covenants and restrictions from 50' to 20' from the right-of-way; WHEREAS, the City has solicited and received approval from owners of more than 50% of the properties located within this subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby authorize the Mayor to sign and the City Clerk to attest the attached Amendment to Protective Covenants and Restrictions. 2. The City Attorney is hereby authorized to record said executed Amendment with the Johnson County Recorder. Passed and approved this 13th day of Ma , 2008. M ~~~ // Approved by ATTEST: ~~~J ~ • `~C~ ,,~arc~v ~~C:~Gf-u.. CITY LERK City Attorney's Office ,~~~,~py It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion X Correia ~_ Hayek ~_ O'Donnell x Wilburn ~_ Wright Prepared by: S a Greenwood Hektoen, Asst. City Atty.; 410 E. W mgton St.; Iowa City, IA 52240 Return Address: Ci ttorney's Office; 410 East Washington Street, wa City, IA 52240 Taxpayer Information: AMENDMENT PROTECTIVE COVEN TS AND RESTRICTIONS KNOW ALL PERSONS BY THE E PRESENTS that t undersigned, being the owners of more than fifty percent (50%) of the following escribed premises ocated in Iowa City, Johnson County, Iowa, to wit: Commencing in the center o he Wyom' g Road (also known as Lower Muscatine Road) at a point where the sam crosses he West line of the East Half of Section 24, Township 79 Range 6 West of the `h P .; thence North along the one-half section line to the South line of the Chicago, Ro Island and Pacific Railroad right of way; thence Southeasterly along the South line aid right of way to the East line of Section 24; thence South along the said East ine Section 24 to the center of. Wyoming Road; thence Northwesterly along t center of said Wyoming Road to the place of beginning; all in Section 24, T wnship 79 orth, Range 6 West of the 5~' P.M., except for any portion of the above described prope lying within the right of way of Scott Boulevard; or of U.S. Hig ay 6; or of Heinz ad; EXCLUDING that part of Lots 1- 4, Auditor's Plat No. 32 ing within the above scribed premises and EXCLUDING Lot 1, B.D.I. Fourth Addition lying within th above described premises and EXCLUDING any p of the following described emises: A 33 foot strip of land adjoining a part o the Northwesterly line of Lot 2, .D.I. Fourth Addition more particularly descr' ed as follows: Commencing at them t Southerly corner of Lot 1 B.D.I. Fourth dition to Iowa City, Iowa; thence North 8°41'40' East 124.88 feet along the So easterly line of said Lot 1 to a point; then North 51°30'40" West 50.20 feet a ng the lot line of said Lot 1 to the point of begin 'ng of the parcel herein described; ence North 38°41'40" East along a line which is pa llel to and 33 feet in perpendi lar distance from the Southeasterly line of said Lot 1 0.79 feet to a point of cu ature; thence Northeasterly along a 413-foot radiu curve concave Nort esterly 369.20 feet to a point (said curve having a 357.03-f t chord bearing No h 13°05'04" East); thence Northwesterly along a 379.5 foot radiu curve concave rtheasterly 118.31 feet to a point (said curve having a 117.83 foot hord bearing orth 31°41'28" West); thence South 15°45'36" East 90.00 feet to a int; thence Southwesterly along a 380 foot radius curve concave Northwesterly 361. feet to a point (said curve having a 347.72 foot chord bearing South 11°28'02" Wes • thence South 38°41'40" West 660.91 feet to a point; thence, South 51°30'40" East 33. 0 feet to the point of beginning. Said-parcel herein described contains 0.8024 acres m e or less and is subject to easements of record; and INCLUDING that part Lot 2, B.D.I. Fourth Addition not included within the above described premises cept for any part of the 33 foot strip described above; and INCLUDING that part Lot 4, B.D.I. First Addition not including within the above described premises. Hereby amend the Protect ve Covenants and Restrictions on said pro rty recorded in Book 359, Page 95- 101, Records of Johnson ounty, Iowa, and as amended and corded in Book 1403, Page 331, as follows: 1. By terminating Paragraph ~,(a) in its entirety and b~adopting the following amended Protective Covenants and Restrictions in lie thereof, to wit: 2. No building shall be buil on any portion the above described property unless the following described requirements are met, to wi a) The depth of the fro t yard all not be less than twenty (20) feet. These Amended Protective Covenants and estrictions may be executed in several counterparts, each of which shall be regarded for all purposes a o e original and all of which shall constitute one and the same instrument. SIGNED this /3~1` day of N~A~ ~ , 2008. CITY O~IOWA CITY, OWN By: ~ ~ ~ ATTE T: ~~1/y~~~~ ~ - °~~ enia D. Bailey, r Marian K. Karr, City Clerk ITY OF IOWA CITY ACKNO LEDGEMENT STATE OF IOWA ) ss: JOHNSON CO TY ) On this / day of /1~A-a ,2008, before e, the undersigned, a Notary Public in for the State of Iowa, personally appeared Regenia D. ailey and Marian K. Karr, to me per nally known, and who, being by me duly sworn, did say t they are the Mayor and City C rk, respectively, of the City of Iowa City, Iowa; that the sea affixed to the foregoing inst ent is the corporate seal of the corporation, and that the instrumen was signed and sealed on half of the corporation, by authority of its City Council; and that R enia D. Bailey and N)f~rian K. Karr acknowledged the execution of the instrument to be their v untary act and deed ~fid the voluntary act and deed of said municipal corporation, by it and them vo tarily executed. SONDRAEFORT Commission Number 159791 My Commission F~cplres • pyl 7 0~ Notary Public in and for the State of Iowa +~ 05- 3-08 2e 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-128 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 214 CHURCH STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of $200,000, executed by the owner of the property on July 7, 2000, recorded July 10, 2000, in the Johnson County Recorder's Office covering the following described real estate: The East 70 feet of Lot 6 in Block 72 in Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, Hills Bank and Trust Company is financing a loan in the amount of $198,000 to the owner of 214 Church Street and securing the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Hills Bank and Trust Company secured by the proposed mortgage in order to induce Hills Bank and Trust Company to make such a loan; and WHEREAS, Hills Bank and Trust Company, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Iowa City, Iowa. Passed and approved this 13th day of Nlav , 20~_. Approved by ~o ATTEST. `~~ CI LERK City Attorney's Office Resolution No. 08-128 Page 2 It was moved by Chams ~ ~„ and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia ~_ Hayek x O'Donnell x Wilburn ~ Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust, Co. of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortaaae which at this time is in the amount of $200,000, and was executed by Successful Living Supportive Housing Program an Iowa Non-Profit Corporation (herein the Owner), dated Julv 7, 2000, recorded July 10, 2000, in Book 2985, Page 321 through Page 324, Johnson County Recorder's Office, covering the following described real property: The East 70 feet of Lot 6 in Block 72 in Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $198.000 on a promissory note to be executed by the Financial Institution and the Owners, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortaaae held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortaaae of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~3~day of M~av , 20 o S CITY OF IOWA CITY By Mayor FINANCIAL INSTITUTION By ~ i:.) my Pr ov ~ n , C.o-runer C, al ~k"~ ~~ cer Attest: City Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this / 3 ~ day of 1~ v , 20~, before me, the undersigned, a Notary Public in and for the State of I wa, personally appeared ' 1 and Marian K. Karr, to me personally known, and, who, being by me d y sworn, did say t at they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in E9~aese) (Resolution) No. o $ ~/a 8 passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the _/3 ~ day of , 20~$_, and that ~R~ea ~n~ a ..J. ~a; 1w _ and Marian K. Karr ackn wledged the execution of the instrument o be their voluntary t and deed and the voluntary act and deed of the corporation, by it voluntarily executed. <,~ SONDRAE FORT ~ a~ ~-- L c ~ Commission Number 159791 ~"i)TrV • My3 mmi ao Expires Notary Public in and for the State of Iowa w STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on (Yla~ 5 20 t~ by ~ererry'~1'~- ~~v~h (name(s) of person(s)) as (_,OmYnevci~.t (3a.~k:~ ©~~c~r (type of authority, e.g, officer, trustee, etc.) of 1-~;lls ~.k a.,,.d Tr~s~ C,orn.~c~,~., (name of party of behalf of whom instruments was executed) . DACE N. BAILEY ~ , :° ~ Cortm~lon Nixr~ 742842 ~~ F Notary P lic in and for the Sta of Iowa My Commission expires: q -- a5 ~ ~~ ~~ Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-12 9 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS CORPORATION D/B/A STARBUCKS COFFEE #2855-IA, FOR A SIDEWALK CAFE 05-13-08 2e 4 WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Marc Moen, as landlord, and Starbucks Corporation, d/b/a Starbucks Coffee #2855-IA, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 228 S. Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2008 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this ~hday of ATTEST: ~2 --~d~ CI -CLERK ~~a3wdF~ City Attorney's Office /'11.!`.11 VVGV Vy. Resolution No. 08-129 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x X ~_ x x Wilburn the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdafa/glossary/resolution-ic.d oc ~~~ ~, ~~ ., Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-130 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST IOWA DEPARTMENT OF TRANSPORTATION PRECONSTRUCTION AGREEMENTS FOR MAINTENANCE OF BRIDGES LOCATED WITHIN THE CITY OF IOWA CITY. WHEREAS, the Iowa Department of Transportation (IDOT) has requested that the City of Iowa City enter into Preconstruction Agreements allowing the tDOT to complete maintenance projects on the U.S. Highway 6 bridge over the Iowa River, the Iowa 1 bridge over the Iowa River and the I-80 bridge over the Iowa River; and WHEREAS, the projects will be designed, let and constructed at the sole cost of IDOT; and WHEREAS, the City Council deems it in the public interest to enter into said agreements with the IDOT for projects MBIN-80-6(501)231--OM-52 for bridge patching on Iowa 1 over the Iowa River, MB-6-6(500)252-77-52 for bridge painting on U.S. Hwy 6 over the Iowa River and MB- 000-6(500)- -77-00 for bridge washing on I-80 over the Iowa River). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: It is in the public interest to enter into the above-mentioned agreements, and the agreements are hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreements between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreements to any citizen requesting same. Passed and approved this 13th day of May , 2008. M ' ATTEST: CI CLERK Approved by: City Attorney's Office 5 ~~d~ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion _ x Correia x Hayek x O'Donnell x Wilburn x Wright 5- 2e 5 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK ATTEST IOWA DEPARTMENT OF TRANSPORTATION PRECONSTRUCTION AGRE ENTS FOR MAINTENANCE OF BRIDGES LOCATED WITHIN THE CITY OF IOWA CITY. WHEREAS, the I wa Department of Transportation (IDOT) has requested th~it the City of Iowa City enter into Prec nstruction Agreements allowing the IDOT to complete intenance projects on the U.S. Highwa 6 bridge over the Iowa River, the Iowa 1 bridge ove the Iowa River and the I-80 bridge over th Iowa River; and WHEREAS, the projects ~ be designed, let and constructed at the soak cost of IDOT; and WHEREAS, the City Council ems it in the public interest to ente into said agreements with the IDOT for projects MBIN-80- 501)231--OM-52 for bridge patc ing on Iowa 1 over the Iowa River, MB-6-6(500)252-77-52 for ridge painting on U.S. Hwy over the Iowa River and MB- 000-6(500)- -77-00 for bridge washi on I-80 over the Iowa Riv r). NOW, THEREFORE, BE IT RESOL D BY THE CITY OUNCIL OF IOWA CITY, IOWA THAT: 1. It is in the public interest to enter to the aove-mentioned agreements, and the agreements are hereby approved as to for and ntent. 2. The Mayor is authorized to sign and the City rk to attest the agreement between the City of Iowa City and the Iowa Department of Tra rtation in duplicate. 3. The City Clerk shall furnish copies of said greeme t to any citizen requesting same. Passed and approved this day of , 20 MAYOR ,\ ~ ATTEST: ~ CITY CLERK Approved by: `~ City Attorney's Office ~1'S/oar It was moved by adopted, and upon roll and seconded by ere were: Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright 05-13-08 ~~~ 2e 6 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 08-131 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT "A" OF LINDEMANN SUBDIVISION- PART ONE, AND OUTLOT "C" OF LINDEMANN SUBDIVISION- PART TWO, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. WHEREAS, in connection with the Lindemann Subdivision, Parts One and Two, it was agreed that the owner and subdivider, Walden Wood Associates II, L.L.P., would dedicate Outlot A and Outlot C within said subdivisions to the City; and WHEREAS, the owner and subdivider is now willing and able to dedicate said parcels to the City; and WHEREAS, said parcels to be dedicated are described as Outlot A in the Lindemann Subdivision- Part One and Outlot C in the Lindemann Subdivision- Part Two, Iowa City, Iowa, and have been made the subject of Final Plats which are attached hereto; and WHEREAS, City Code provides that the City formally accept the dedication of land for open space by resolution; and WHEREAS, the Parks & Recreation Department has inspected the property and determined it is suitable for dedication at this time, and the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Acceptance of the above-referenced parcels for public open space, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication. Passed and approved this 13th day of May ~ ~ ,2008. ATTEST: CI LERK R Appro ed by ~~ ~~ City Attorney's Office ~/,7/~~ Resolution No. nR-~ ~1 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x -X- ~- x x X Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc ~ D u, ~~ I N 1 Y - ~ ~ A Z In m o ~~~- - E a ro ~~~QO --- s - -i g ~r `" 3~ ~y ~'ig ii4 I s a i A~~p o ;;yt~$~ I - D ~ ~ ti\ ~ J ~A ao D r% A ~ ~ ~~ ~ 1 ~~D~ ~igS'Ywl ~~ E ~~ ~ A ~~ ~~ - I I N ~ ~ I/r s ~`-\ / 11 ~I r - ~1 ~ I' I I I I ~ - -r I I Z € ill III ~\/ ~~ ~~~~~~ ~ ~~ D `C i Ti$~° ~s~~~ ~ ~~~~ Z ~ ~ ~~~~~~ _G ~4 r ~~~ ~ I f ~ I i B~~ ~~~ ~LL~ ai~ ~ ~ Y ~ ! xgMe C« M~~ R} ~ ~ ~6 - ~l ~~~ ~ €ro \ gg ~ ~!p 5~5 'e f~ ~hy p "' ~D ~~~ ~ ~ } ~ ~ ~~$~ 4~ g g s ~ ~ ~M~r+~ ~~~ q C M ~ q _ ~g~ o ~ ~ !w g >r ~ {;, ~~ A ~ ~r R '# ~.~ PROF, °° ~ ' ' ~ F ~? ~°~i~ii i s g g ' * a"~~ F o2 ~ ~ ~ ~ ~ ~ - 4 .a ~ C ~ ~i ~ ~~~~N ~u ~_;x~ ~ ~~V~~ aM~L~ ~~~s~LL ~ i~ ~ L ~ ` ` ~~~B~~H es f R(~ OrL~I„ ~$~~~~g~6`~E ` 1 1 ~ r~ps~s~ y~` ~~l~~~~€€~~ 8 s - - - r - • w =~ o~ ~g~~~ ~~~ #g ¢AF ~~~'~ ~:~ s~%ffs sg j~~~~ ~~i ~~~~~ x `~ t$ ~~ ~q~~g ~~~ ~~~~~ ~~ ~~~~ ~~~ ~~ ~~ °~~ ~~_~ e~ ~~$~ ~~~Nx ~~ 4~~~ ~~ ~~?~ ~~ ~~~~~ f~ $~r~~ ~~ ~~~ ~ ai t ~` I .KYKtZ _ J1 -,s ~1 ~ `'~ a ,f -, "~ ~ N tea: Rlfll M PLAT iTtflCR RK6P0~ N MT OZ~1K-!q. ~I'``~~~~3f~ k~ ~ ~ O ,' Q TfL PlY1406 Q M i1fMR1 taMY R!~'6 LR'IL[~` ,`I ~' 1' ``\\ I 1 `\~ `````~~ -~~ ~ ~ ~. 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I gg ~ _~ pp ~I v 7 R S~f~ "" I~ ~ 1 ~.1 11 ~-JO J $ . C FO3`~ j l ~ I d I i -'~ I a~3 ~ 1 : o~ I d .. ~ d Irn I I I i ``\ ~R I I , p 3gR d'' I ,i d II - ~ ~ e ~ fry ~ '~'~ ~' I ~ ° a ~I ~~00 0 z Ln ______ _ J i ~ l/r ; ^~ i ~ '~ i I DJ~ I ~_ _ 4 ~ - - --~--_- t-=--' p I ~ I d ~` - ~-"° -----LI1~EMrWt~1- DRIVE----ti- -` ~ ~. II I k i ; I I S I I ~ I (~ a ~ I ~ ~~ ~,~ ~ I ~~ ~ F~ I I ~ ~ I V ' I ~ i ~ ~, I ~~ ~Q;~~~ y~~~fl~ ~ ~ . ~, I I ~gi ~ ~ ~~~~~~ ~ ~ I ~ ~ I ~ ~~ i ~ m ~~0 a ~ s~S ~~~ ~ S p° 7T }D ~ _.-~-~ _~ w W~\N rte' 1 ' L.i`~ a °i p pq~ br. K c4a1 ~i ~>s~w 3 j] ~g . p•~ 5 _.J~Q W - i Sp ~ N % ~ ~ ~, b ,~-g'~ ~ ' QQsp / ~ ig / ~ W ~ q p~ ~ ,~, ylFi / ~ ~ ~ I ~ 1 I ~'~ft e~° I iit -6 -- ~j ` r ~ ~~ I~' ~ ~~ ~ ~f ~L, ' ~ r ~' ~~~. 'tea YI I 5 p r I ' I •~ ~~ ~~ a VV vas ; ~ '~I~ ~~~ ~CQ~~PQG°3'P~~°3 I I I ~ I o •DDm 0 0 ~; ~ ~ ~ ~ ~~ I. ~ I ~ U(j 1 I ~ V!/ I , I ~ AASS.6£OON t ~ I ~gggg ~ ~ m ~ R4ws~~~ ~ I ~ >x 'ses~~ AAt ~ LL ° ~s ~Rm j~ ,&~ g~ ~1 ~ ~ >s ~~~ x , \ ~~ ~ ~~ ~ E 111 \~1 1 ,;,;,~ \~~ ~' ~~~ a 5~~~'~ ~~~\ ` ~_ __~~ s~ 4 L' N e ~' ~[e~ nav.-a1 ,/~ y I Ro ~\ 6 i s a<~ ~ ~ K~ ~p~ ~ ~ ~ ~' ~ 1 ~ ~ ~~ ~,.o~.saaoN n~u _n ~~ uv ~~ ~~+~ `` . zrivc _ __- _ ,~ xvc 'w.N ,oa ~ i.YI.LO.dUS ~~ .~ .~ ~ ___________ ____ ____ __ IIKu ~: I .~ O I ~ II% N KGAmMGG WIRE TL RAi 71BCGr REL016~ N ~i OQiI M AT - f!3 ~~~~.` of ~ ~ ~; ~.MQM~~,~ , LAND SURVEYOR / ~ ~ `1q 0 I _ ~ I, i~ >., i ~ I a4 I ~ III Qi ! i I II ~~` ~~ I „~ II ~ ~i ~ I .... g : ~~~~~ ti ~~~~~~~ ~ ~;~ €y~ e yH -I i ~ U i N ~ \;,~ u ~` ~~ ~Y ~~, ~~ ~~ gV 2~g pa ~+ ~ ~ /1 :i o~3~c O v~1 . ~~ ads ~~ ~~r a~ ~ ~ r r ~~ r ~..~ ~° ~ ~~ y ~ ~ ~ ~n ~~ ~~ ~~ ~; rr ., m _ ~X ~~ - - se•wc~ - ~ ,T 1 Av~.sooos - '-~ ,~~~~ ~~~~~~~ ~~~~ ~ 0 an o+aNme wwAO+is ,IOu ern nn vuraurco Muutuic .Inu ` C/ 05- -08 2e 7 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-132 RESOLUTION APPROVING PAYMENT TO INTERIM CITY MANAGER DALE HEELING FOR CASH VALUE OF ACCRUED VACATION. WHEREAS, Dale Helling was appointed by City Council as Interim City Manager effective August 1, 2007, and will serve in that capacity until May 19, 2008; and WHEREAS, due to the demands of the position, during said nine and a half months, Mr. Helling's use of vacation time was limited; and WHEREAS, City Council wishes to authorize payment to Mr. Helling of the cash value of the 15 days of unused vacation he accrued while serving as Interim City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Payment to Interim City Manager Dale Helling in the amount of $8,539.20, the cash value of the 15 days of unused vacation accrued during his term as Interim City Manager, is hereby approved. Passed and approved this 13th day of May , 20~_. MA Ap ved by: ATTEST: 2 ,~~ City Attorney's Office ~ /~ ~p~ ity Clerk It was moved by champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x x x X X -Y~ x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Annen\forms\res auth casvalue.doc 05-13-08 4h Prepared by: Doug Ongie, Planning Intern, 410 E. Washington St., Iowa City, IA 52240; 319-356-5230 (SU608-00001) RESOLUTION NO. 08-133 RESOLUTION APPROVING THE PRELIMINARY PLAT OF KENNEDY'S WATERFRONT ADDITION SUBDIVISION -PART 5, IOWA CITY, IOWA. WHEREAS, the owners, Paul Kennedy and Southgate Development Inc., filed with the City Clerk, an application for approval of the preliminary plat of Kennedy's Waterfront Addition -Part 5; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Kennedy's Waterfront Addition Part 5, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 13th day of a 20~_. C M A db ATTEST: CIT CLERK pprove y L~'~~ City Attorney's Office It was moved by champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayak x O'Donnell x Wilburn x Wright C:\DOCUME~1\shektoen\LOCALS~1\Temp\OLK3\Prelim-res SU608-00001 Kennedy's Waterfront Pt 5.DOC "( STAFF REPORT To: Planning & Zoning Commission Item: SUB08-00001 Kennedy's Waterfront Addition -Part 5 GENERAL INFORMATION: Prepared by: Doug Ongie, Planning Intern Date: May 1, 2008 Applicant: Southgate Development 755 Mormon Trek Blvd. Iowa City, IA 52244 Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Glenn Siders 755 Mormon Trek Blvd. Iowa City, IA 52244 (319) 337-4195 Preliminary plat approval To establish afour-lot commercial subdivision South of Stevens Drive, west of South Gilbert Street Approximately 6.48 acres Undeveloped commercial - CI-1 North: Commercial (CI-1 and CC-2) South: Commercial (CI-1) and Public (P-1) East: Commercial (CI-1) West: Commercial (CI-1) General Commercial April 10, 2008 May 25, 2008 The applicant, Southgate Development, is requesting approval of a preliminary plat for Kennedy's Waterfront Addition Part Five, afour-lot commercial subdivision on 6.48 acres of land. The property is located south of Stevens Drive and west of South Gilbert Street. ANALYSIS: Zoning: This property is zoned Intensive Commercial (CI-1). The CI-1 zone is aquasi-industrial zone that allows businesses to store or display merchandise outside, to repair large equipment and motor vehicles, and operate in buildings that are not completely enclosed. The South District 2 Plan identifies this area as part of the South Gilbert Street Commercial Corridor and designates it as an entryway to Iowa City. Residential growth and the extension of McCollister Boulevard to the south of the proposed subdivision will increase the level of traffic along Gilbert Street. The South District Plan indicates that this and other properties adjacent to Gilbert Street may be more appropriate for Community Commercial (CC-2) or Commercial Office (CO-1) Zoning. Areas west of Stevens Drive are identified in the South District Plan as being more appropriate for Intensive Commercial Zoning. Two recent rezoning items have changed the zoning in the area that is more consistent with the South District Plan. Item REZ05-00022, approved by the City Council on August 1, 2006, allowed for a rezoning from CI-1 to CC-2 on-10.38 acres of land along South Gilbert Street, South of Waterfront Drive and north of Southgate Avenue. Item REZ06- 00024, approved by the City Council on November 14, 2006, allowed for 9.83 acres of land located on both sides of Stevens Drive, east of Gilbert Street, and along Waterfront Drive to be rezoned from CI-1 to CC-2. The applicant has chosen to develop this property under the current CI-1 zoning. Traffic: It is the City's policy to minimize driveway access to arterial streets where possible. In order to minimize curb cuts on to Gilbert Street, which is an arterial street, a 40-foot access easement will be provided for Lots 2 and 3 to allow them to share one curb cut. The shared access point will reduce side friction on Gilbert Street. Access to Lots 1 and 4 will be provided by a cut-de-sac at the end of Stevens Drive. An access easement from the terminus of the proposed cut-de-sac will provide the option for access to all of the lots in this subdivision to Stevens Drives. Storm Water Management: The proposed grading plan would create anorth-south ridge along Lots 1, 2, and 3. A ridge would direct storm water drainage in two directions, west toward the Iowa River and east toward Gilbert Street. In order mitigate storm water run-off on to Gilbert Street, staff recommends that the grading plan be adjusted to direct storm water toward the proposed 20-foot drainage easement. A revised plat was submitted on April 25. Staff will review the plat prior to the Planning and Zoning Commission meeting to determine the drainage concerns have been addressed and if any technical corrections are necessary prior to approval. STAFF RECOMMENDATION: Upon resolution of all deficiencies and discrepancies, staff recommends that SU608-00001, a preliminary plat for Kennedy's Waterfront Addition Part 5, a 4-lot, 6.48-acre subdivision be approved. DEFICEINCIES AND DISCREPANCIES: 1. The plat should contain a note indicating that lot 1 will not have direct vehicular access to Gilbert Street. 2. The plat should contain a note indicating that vehicular access from Gilbert Street to lots 2 & 3 will be limited to the 20' X 40' access easement shown on the plat. ATTACHMENTS: 1. Location Map 2. Preliminary Plat Approved by: ~ Robert Miklo, Senior tanner, Department of Planning and Community Development _~ ~~~ /-~ --.-- o V O W N T H 0. ~ H r O 0 z v m ',~ c~ m c 00 0 00 0 0 0 0 O i~ ~s~ ~ §Sb ~~~ F5 ~ s4~ ~ ~~. ~ F ~~~ ~ ~ ~~ ~ e ~~ ~~`~~s'i~~`t C p 6 66p ~ iS BD t Z 88,°T t~ggg~~~~~g ~i ~ rg~ ~p~~g~ ~~ g B ~ 2 2 ~ gB ~ @ a~ ~oEE •~~alli g~~E{~~I I--~--I ~ Q I~I~~~Iii~~~~0a.M%•ol~~ ~III~~ ~ i ~ i ~ ~~ ~~6 ~~ l~~;~~l~jli~~~~. 1~~ ~ aa ~ F~~~,~~ ~ I--~--i N etq ii ~ I III i I i 7 ~ 1 C:7 YRY 44 ~_~ ~~~F ~leF~ aW ~ ~r® gg 9 '^ I ~ ~aoaxt~a•~l ~ 1: i I ~F~ ~~ ~~ ~~i~l~t r ~ ~ o ~epp~pp~ a~~ ~~ ~i~E~~~{~{•~~~i ~"$ Ga g o [ s ~ ~s a, Q E-~ .~ ~ U 9~o g r-+ ~~: Q =5 ~ a _V~ ~ ~~~ g:~ ~R 100 rvV 45 ~6C Al 8002/Ol/4 OMO'd4ft59ZL\4CC59ZZ\OOZZ\'~0 ~ ` ~ ' s ! ~ ~ £ o ;~ >>U Z 1 ! ~ LL F O ~ b U pOp ~ t r ~ ~ ~ A ~ a E ~~ ~.. _ ~ / ~~_ ~- -,, ~•. - ~. \ ~. ~~ .--__ _ _ ~- ------ - - _ ~ :-"- _____ . --- ' ~--a ,, ~ ~~ -- -._..-~.-_-_- ~~_- ~_--- _-- ~ , I _.._.F~... -~.-~y_- -._._..._.--_.-._. _~_~ ________ C_~ ~ ~ Y , .__- L ~ ~ ~ I i - ... _. i ._ _- _ __--_ - ' ,~ I ~~ ___ __---__ v ~ I - - _ I ~C~ U~ ~((( - ~ ~O Y Y '- - ~~- ~ rF"7~ , `'~~~ ` p ~ O .Y ~ Ns ~~(ja F My ~O •~~1 ~~8 e ~~ ~ , `~ ~~~ ~ . S~ ~O ~ Csl ~ ' ~ 1 If-' i ~ '~ • ~ ~ o F , - - -_ ~ ~ ~, -- - - --- , ,! 9 Rr~ - I _ C~1/ e ~ ~4~0°~i' ~~~"mom - __- ~--- - - t-- _ _ `~` ~- - _ _ I ~O , O - -- ~ - =i=-t~.,~,;;_- '" ~ 'r ' -- -- -- ' ~- a. --- ___ _ _ - I ` _ _ ~__ ~ ~_ ~g ' -- ~ ~ $ I y ~ ~~ ~ ~ g'~ ~ ~ i "~ ~ t4 ! ~~ 4§ F , ,- ~ RB ---~Y9~~" ~ ~ ~' --- --------------------- y I p6y. Es k ~ ~~I , ~~~ - I Q Q ~ ~~ I ~ ~ "- - ~-_i ~ ~ t 4 g~ .-,. \ ~ q~ s ~% `~ ~ ~eO~~o - - ~ ~.. 0 1 ~- ~. ~ . , ._ ~I . .c ~ --- . _ /gyp ~~ o~ s _ ` QQ~~ ~ ~ S ~, .,,. ~O ~Oo ~Q /~ ~; M-~-p~ 05-13-08 Q 4i Prepared by: Robert Miklo, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SU608-00004) RESOLUTION NO. 08-134 RESOLUTION APPROVING FINAL PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 2A, IOWA CITY, IOWA. WHEREAS, the Peninsula Development Company, filed with the City Clerk the final plat of the Peninsula Neighborhood Phase 2A, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: PART OF AUDITORS PARCEL NO. 2001020, AS RECORDED IN BOOK 43, PAGE 43 OF THE OFFICE OF THE JOHNSON COUNTY RECORDER, AND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, AND THE SOUTHEAST QUARTER OF SECTION 5, IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 51 OF THE PENINSULA NEIGHBORHOOD SECOND ADDITION AS RECORDED IN BOOK 46, PAGE 186 OF THE JOHNSON COUNTY RECORDS; THENCE S27°55'45"W, 207.48 FEET ALONG THE WESTERLY LINE OF SAID LOT 51; THENCE S40°27'14"W, 53.00 FEET; THENCE ° ~ ~~ S49 3246 E, 11.05 FEET; THENCE S40°27'14"W, 180.52 FEET; THENCE S27°46'06"W, 49.16 ° FEET; THENCE N62 12 38 W, 10.27 FEET; THENCE S27°47'22"W, 53.00 FEET; THENCE S62°12'38"E, 110.32 FEET; THENCE S27°46'06"W, 85.20 FEET; THENCE S12°47'39"E, 81.75 FEET; THENCE S64°46'06"W, 119.17 FEET; THENCE S73°05'03"W, 101.10 FEET; THENCE N89°19'43"W, 59.10 FEET; THENCE N59°28'31"W, 47.52 FEET; THENCE N70°45'54"W, 56.87 FEET; THENCE N53°30'11"W, 188.30 FEET; THENCE N28°41'11"W, 124.62 FEET; THENCE N29°39'25"E, 187.75 FEET; THENCE N37°32'43"E, 141.28 FEET; THENCE N46°24'05"E, 120.65 FEET; THENCE N59°51'16"E, 63.62 FEET; THENCE N40°14'00"E, 60.00 FEET; THENCE N56°51'07"E, 62.54 FEET; THENCE N67°13'55"E, 132.08 FEET; THENCE S49°32'46"E, 63.47 FEET; THENCE S01°35'09"E, 95.85 FEET; THENCE S49°32'46"E, 56.26 FEET; THENCE ° ~ ~~ N40 2714 E, 190.89 FEET TO THE NORTHERLY LINE OF AUDITORS PARCEL 2001020; THENCE ALONG SAID LINE S65°31'42"E, 42.34 FEET TO THE POINT OF BEGINNING. SAID SUBDIVISION CONTAINS 7.60 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2007) and all other state and local requirements. Resolution No. 08-134 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 13th day of ATTEST: ~ - CITY ERK ,,,,~~ It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia ~_ Hayek x O'Donnell x Wilburn x Wright pcd/templates/SUBOB-00004 pen 2A Final-Res.doc.doc r~NNtvvau vy Ity Atto ey's Ice s_ ~1 ~~$ ~'1 / STAFF REPORT To: Planning & Zoning Commission Item: SUB08-00004 Peninsula Neighborhood Phase 2A Final Plat GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Prepared by: Robert Miklo Date: May 1, 2008 Peninsula Development Company 1088 Foster Road Iowa City, IA 52245 Denny Williams 319 887 1000 Final plat approval 17 residential lots Walker Circle 7.6 acres Undeveloped North: Iowa River & Open Space, OPD-5 South: Residential, OPD-5 East: Residential, OPD-5 West: Iowa River & Open Space, OPD-5 Residential 2-8 dwelling units per acre April 1, 2008 May 15, 2008 The preliminary Planned Development Overlay (OPD) and plat for the Peninsula neighborhood were approved in May 2001. The final plat for phases 1 and 2 were approved in 2003. In January 2007 an amended preliminary plat, which included phase 2A, was approved. The applicant is now seeking final plat approval of the Peninsula Neighborhood Phase 2A, a 17-acre, 7.6-acre residential subdivision located on Walker Circle. ANALYSIS: The plat includes the extension of both sections of Walker Circle so the street will form a loop. There will be 11 single-family lots located on Walker Circle. Barbers Place, a short loop street to the southwest of Walker Circle will contain 6single-family lots. The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans have been approved by the City Engineering Division. The City Attorney's Office is drafting the legal papers. Barber's Place contains an open space in the center of the right-of-way. The legal papers will need to address the maintenance of this area by the home owner's association. STAFF RECOMMENDATION: Staff recommends that SUB08-00004, the final plat of Peninsula Neighborhood Phase 2A, a 17-acre, 7.6-acre residential subdivision located on Walker Circle be approved. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Final Plat Approved by: L Jeff Davi son, Director, Department of Planning and Community Development ~ U N a i~r-~ (~ S~ P~S~ G S~ PTV 0 ~ ~ o ~ ~ ~ ~ o o v T ~ a o0 ,C U 1 ~ ~~' ~~ `~ ~ _, -- O O O O O Q N (CS C~ C .^~' W _~ U U ^L W z 0 U O W H J ~ ~~ ~ ~ ' ~~ 18 ~Y 9 t ( ~ e1~ / t~i d _ S ! 6!1 I~IL ~ ~! 1! ~""_ S~~p € 3Y~ d mg`s _ ' ... i ~gg 3:Q3°a q~' ~ ~~ f3 ~~ Wm ~ _ a~i ; 7 ~~ ~ . V v ~w°E~ cg _ j ~ ~~~1 1~~'~ L 9373~3~i~°~ ~ x ~za Q AppA f~ ~ ~ 1 A LL qy: e Y~ ~b ~.~ e ~ C 9~ ~ ~R :€ g Wa 2 ~~ g~ ~ o~ bg 8 ~8 ` ~u 4 - 1 ~ ° < 3 s $ ~ o b b M ~ Q s-mYCN ~~ W a~~~g~ W ~, J ii II ~ ~ ~. W W ~ ~. W a--i ~, Q ~ O ~ C'7 Z W 4 p~p °~ € d a G a ~ ~ g~~ ~ / ~<~~ a ~~~' / ~ ~~\\ 3`~'~'s / / ~ ~ ~ ~`~~` / ~ ~~ / g~ r ~ / / ,e~<orRW ~ \\~ /° M s Sj'b~ ~~ ° / s rrS'~a'r V sa ~a / / / : J W e~ ° ~ ` `l T ~s~ 9~ P~ y~\/ ~~ M .: 501'35'09'E ~° ' c A " i i~~~ s[. 95.85' ,y!~ ~ ..N ~ a `~~~"t OS Msp tS tl~ W$ 2 ~ ~ 4 A / ~ / ~ / \ °'Y I \ I \\ ~ °` `•~(~ ~ <~ ~~ d /.° x ~s7 0 ~~ ~ Ems. \'; b ~ 4 ~ r O rS r ~ x `,v +o~"°b~'.~ '~~ b ~'~s ~° ,a +a Wow ff~ \o~L ,g - ,,~ >> w ~ ~2~ W -ate a~NR~, S x~ ~~ ~y (~ : 20' • ~ ~ °s obs o,. `ate s&„PT.,~~`~ '~d '~ ., ..r~~os ,-B,d~~~ ~wcP \~\ ~ ~s~1~ ~~' o ' '°..~+~ ~4„°4t,. ~ oy d ~ "';o.°~a~ a 1~~,.agiv5 ~ e ~ o ,~ r ~/ ~V ~/ Wit.. -rrT~n~? ` n8/~ b~ s \° ~~''<,;,s~ /?$,^ om~ ,.~.' N 1 \~'"/:~.'Ra,~ eat b 1~T~~, i n~ a~ '°~.~ .~' ~ l ~°~aW `0~, ~ x~ 6: -%~43 ona `__'"~'Aa.~~ ~\/' NNE i 3 / ~ / et/ ~ n G ~°~ :. 8~ m 6~a =~~ro ."tlw$ ~i / s ~`O3 a~Sw~g=`te'e=~8„~ arc ~'_' m..'e h V =~ # goo ~a a=€~~ a W 6~a. bw :sc ngxc a o=,w ~Q~~ry~°~mww=WOW~o W ~~~~° `~b: ~:g ~m ~ntlm S~ ~~ ~<o }} ~u=~ 6 `sW W ~a~~~ a~~ ~_~ ~~~'~~ ~ ~x ~~ ~~aB 'g~~~a ~so5 G5a 7 3~~5ffi~J 8'_ Y ~ g~3 6 am_ z~ _ ~ _ ~~'" Y'} ~ _ --_ PSe _ 9mg ~~y ~3 ~ - --- S _ yu~, nv t a ~~ a C"=_ ,~YB kp ' v.' Prepared by: Kumi Moms, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 35&5044 RESOLUTION NO. ctR-t ~S 5-1 - 5 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE EAST SIDE RECYCLING CENTER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 10th day of June, 2008. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetinq~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 17` day of June, 2008, or at a special meeting called for that purpose. Passed and approved this 13th day of ATTEST: ~~~~~ q~_ • nC~iv CITY ERK W:\wpdata\PW ENG\RES\08eastside-recyling-adforbids.doc May , 20 08 c Ap~-oved by '" City Attorney's Office S`~~p~. Resolution No. 08-135 Page _~ It was moved by O'Donnell and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x _~_ x x X X Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc ,, M~- Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 08-136 RESOLUTION ADOPTING IOWA CITY'S FY09 ANNUAL ACTION PLAN, WHICH IS A SUB-PART OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit the FY09 Annual Action Plan as part of the City's 2006-2010 Consolidated Plan (CITY STEPS), as amended, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for City of Iowa City fiscal year 2009; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FY09 Annual Action Plan; and WHEREAS, the FY09 Annual Action Plan contains the allocation of CDBG and HOME funds as shown in the listing of the projects, which is attached hereto as Exhibit A; and WHEREAS, adoption of the FY09 Annual Action Plan will make Iowa City eligible for federal and state #unds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the FY09 Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City FY09 Annual Action Plan, which is filed in the office of the City Clerk and contains the allocation of CDBG and HOME funds as shown on the attached Exhibit A, is hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City FY09 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. Resolution No. 08-136 Page 2 3. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the FY09 Annual Action Plan. 4. The City Manager is hereby authorized to execute, terminate or amend CDBG and\or HOME Agreements entered into in connection with the allocation of public funds with subrecipients, Community Housing Development Organizations (CHDOs) or other legal entities. Passed and approved this 13th day of May, 2008. i ~ ii ATTEST: ~ ~~A,~ ~ ~Q.c.~y CITE" CLERK _ ~ ~-a_~~ City Attorney's Office It was moved by O'Donnell and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: X x ~_ ~- ~_ ~_ ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Exhibit A Projects Recommended for FY09 CDBG & HOME Funding HCDC (3/27/08) Recommendation Council Approved Request or Council Earmark* (5113108) ECONOMIC DEVELOPMENT Economic Development Fund* HOUSING PROJECTS Chauncey Swan LP -Rental Housing Dolphin International LLC -Homeownership HACAP -Transitional Housing ICHA -Homeownership ICHA - TBRA Isis Investments LLC -Rental Southgate Development -Homeownership The Housing Fellowship - CHDO Operating The Housing Fellowship - CHDO Pre-Dev. Loan The Housing Fellowship -Rental Housing City of Iowa City -Housing Rehabilitation* PUBLIC FACILITIES PROJECTS Arc of Southeast Iowa -Facility Rehabilitation DVIP -Facility Rehabilitation IC Free Medical Clinic -Building Acquisition MECCA -Facility Rehabilitation NCJC -Facility Rehabilitation Twain Elementary -Playground Equip. PUBLIC SERVICE PROJECTS Arc of Southeast Iowa -Operations Compeer -Operations Extend the Dream Foundation -Operations Free Medical Clinic -Operations Local Foods Connection -Operations MECCA -Operations Shelter House -Operations (STAR program) Aid to Agencies* ADMINISTRATION AND PLANNING HOME Program Administration CDBG Program Administration and Planning $ 82,890.00 $ 82,890.00 $ 82,890.00 Subtotal $ 82,890.00 $ 82,890.00 $ 82,890.00 $ 18,000.00 $ 18,000.00 $ - $ 425,000.00 $ 68,000.00 $ 68,000.00 $ 325,000.00 $ 80,000.00 $ 80,000.00 $ 330,000.00 $ 107,500.00 $ 187,500.00 $ 220,800.00 $ 60,000.00 $ 60,000.00 $ 235,000.00 $ 94,000.00 $ 94,000.00 $ 200,000.00 $ 80,000.00 $ - $ 50,000.00 $ 28,000.00 $ 28,000.00 $ 15,000.00 $ 13,000.00 $ 13,000.00 $ 499,750.00 $ 180,000.00 $ 198,000.00 $ 230,000.00 $ 230,000.00 $ 230,000.00 Subtotal $ 2,548,550.00 $ 958,500.00 $ 958,500.00 $ 5,851.00 $ 3,000.00 $ 3,000.00 $ 13,979.39 $ 10,000.00 $ 10,000.00 $ 300,000.00 $ 90,772.00 $ 90,772.00 $ 48,523.00 $ 11,400.00 $ 11,400.00 $ 54,200.00 $ 14,600.00 $ 14,600.00 $ 60,000.00 $ 40,000.00 $ 40,000.00 Subtotal $ 482,553.39 $ 169,772.00 $ 169,772.00 $ 2,500.00 $ 1,000.00 $ 1,000.00 $ 3,000.00 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 $ 10,000.00 $ 2,500.00 $ 2,500.00 $ 8, 000.00 $ 1, 500.00 $ 1, 500.00 $ 5,600.00 $ 1,000.00 $ 1,000.00 $ 7,500.00 $ 2,000.00 $ 2,000.00 $ 105,000.00 $ 105,000.00 $ 105,000.00 Subtotal $ 143,100.00 $ 115,000.00 $ 115,000.00 $ 61,373.00 $ 61,373.00 $ 61,373.00 $ 152,201.00 $ 152,201.00 $ 152,201.00 Subtotal $ 213,574.00 $ 213,574.00 $ 213,574.00 TOTAL $ 3,470,667.39 $ 1,539,736.00 $ 1,539,736.00 SOURCE OF FUNDS FY09 CDBG Entitlement FY09 Anticipated CDBG Program Income Prior Year Unexpended CDBG Funds FY09 HOME Entitlement FY09 Anticipated HOME Program Income $ 651,005.00 $ 110,000.00 $ 65,000.00 TOTAL CDBG $ 826,005.00 $ 613,731.00 $ 100,000.00 TOTAL HOME $ 713,731.00 FY09 TOTAL $ 1,539,736.00 Exhibit A Projects for FY09 CDBG and HOME Fundin HCDC (3!27/08) Recommendation Co cil Approved Request or Council Earmark' (5113/08) ECONOMIC D ELOPMENT Economic Develop nt Fund' $82,890 $82,890 Subtotal $82,890 $82,89 HOUSING PROJECT Chauncey Swan LP - Ren I Housing $18,000 $1 ,000 Dolphin International LLC - omeownership $425,000 8,000 HACAP -Transitional Housin $325,000 $80,000 ICHA -Homeownership $330,000 $107,500 ICHA - TBRA $220,800 $60,000 Isis Investments LLC -Rental $235,000 $94,000 Southgate Development - Homeowne hip $200,000 $80,000 The Housing Fellowship - CHDO Opera ' g $50,000 $28,000 The Housing Fellowship - CHDO Pre-Dev. oan $15,00 $13,000 The Housing Fellowship -Rental Housing $499 50 $180,000 City of Iowa City -Housing Rehabilitation' $2 ,000 $230,000 Subtotal $ 8,550 $958,500 PUBLIC FACILITIES PROJECTS Arc of Southeast Iowa -Facility Rehabilitation $5,851 $3,000 DVIP -Facility Rehabilitation $13,979 $10,000 IC Free Medical Clinic -Building Acquisition $300,000 $90,772 MECCA -Facility Rehabilitation $48,523 $11,400 NCJC -Facility Rehabilitation $54,200 $14,600 Twain Elementary -Playground Equip. $60,000 $40 000 ubtotal $482,553 $169,772 PUBLIC SERVICE PROJECTS Arc of Southeast Iowa -Operations $2,500 $1,000 Compeer -Operations 3,000 $1,000 Extend the Dream Foundation -Operation 1,500 $1,000 Free Medical Clinic -Operations $ ,000 $2,500 Local Foods Connection -Operations $8, 00 $1,500 MECCA -Operations $5, 0 $1,000 Shelter House -Operations (STAR rogram) $7,5 $2,000 Aid to Agencies' $105 0 $105 000 Subtotal $143,10 $115,000 ADMINISTRATION AND Pl~1NNING HOME Program Administr lon $61,373 $61,373 CDBG Program Administr tion and Planning $152,201 $152,201 ~ Subtotal $213,574 $213,574 / ~ TOTAL 53,470,687 51,539,738 SOURCES OFF NDS FY09 CDBG En ' lement $651,005 FY09 Anticipat d CDBG Program Income $110,000 Prior Year Un xpended CDBG Funds 65 000 TOTAL CDBG S 26,005 FY09 HO ~E Entitlement $61 ,731 FY09 A icipated HOME Program Income $10 000 TOTAL HOME 5713, 31 /' FY08 TOTAL 51,539,7 6 ~~~.®~t ~~~~~~~ . ,~®,~~ CITY OF IOWA CITY MEMORANDUM DATE: May 7, 2008 TO: City Council ~ / FROM: Steve Long, Community Development Coordinator v" RE: Approval of the FY09 Annual Action Plan A public hearing on the FY09 Annual Action Plan, which formally allocates the City's CDBG and HOME funds, will be held on May 13. In addition, City Council will also be considering the approval of the FY09 Annual Action Plan at the May 13 meeting. The deadline for submission of this plan to the U.S. Department of Housing and Urban Development (HUD) is May 15. The applications for CDBG and HOME funds became available in December 2007 and the Housing and Community Development Commission (HCDC) received the completed applications in January 2008. The Commission members toured many of proposed project sites on February 12 and 13 and then each applicant made a short presentation to HCDC members on February 20. HCDC members developed rankings for each project and met on March 13 and March 27 to formulate funding recommendations. On April 17, HCDC held a public meeting to discuss the FY09 Annual Action Plan, which included their funding recommendations. At that meeting, HCDC voted to recommend approval of the FY09 Annual Action Plan as presented. If needed, amendments or changes to this plan may be considered at the May 13 meeting. If changes are made to the FY09 Annual Action Plan, Council could approve the plan, as amended, that evening. A draft copy of the FY09 Annual Action Plan was included in your May 1 Council information packet. You can also find the FY09 Annual Action Plan at www.icgov.org/actionplan and copies of the applications and stafF reports for each application can be found at www. i cg ov. o rg/fy09 a p ps. If you have any questions about the FY09 Annual Action Plan or about the proposed projects please feel free to contact me at 356-5250 or at steve-long@iowa-city.org. US 111 rUTHORITY Thursday, May 8, 2008 TO: City Council FROM: Steven J. Rackis SJI~ Phone: (319) 356.5400 F~ Y.• (319) 356.5459 TDD: (379) 356.5404 410 E. lllar~iington Street • Iowa City • Iowa • 5224U•182b RE: Iowa City Housing Authority (ICHA) Financial Plan for 2009 - 2011 and the Housing and Community Development's recommendation to award $107,500 of HOME funds to Operate a Down Payment Assistance program To address questions regarding the Iowa City Housing Authority's budget authority; specifically, cash balances, I have prepared the enclosed documents. 1. The Housing Authority's entry in the City of Iowa City's Financial Plan for 2009 - 2011 that shows a Fiscal Year 2007 ending balance of $5,852,779. 2. An analysis prepared by Sean Barrera, Vice-President, Blosky & Associates, LLC, detailing the $5,852,780 cash position of the Iowa City Housing Authority as of the fiscal year ending June 30, 2007 per the Unaudited Financial Statements. Blosky & Associates, LLC, is an accounting firm that provides consultative services and assists the Housing Authority with specialized financial reporting to Federal Department of Housing and Urban Development (HUD). 3. A statement detailing the Housing Authority's actual and estimated Calendar Year 2008 funding and projected expenditures. Please note, all funding received by the Housing Authority from HUD is allocated on a Calendar Year basis. The Housing Authority's Calendar Year funding overlaps with the City of Iowa City's Fiscal Year Financial Plan and creates carry over funding. This carry over funding creates the appearance of a larger surplus of restricted HUD reserve funds than what actually exists. To summarize the attached documents, the Iowa City Housing Authority has a very limited amount of non-Federal unrestricted funds available for "Other Purposes" by the Housing Authority. Because these funds are administrative/operating reserves, in my opinion, it is not prudent, nor fiscally responsible to use these funds for down payment assistance. We encourage you to support the Southgate Development Services, LLC proposal to create one down payment assistance program. If this proposal is approved, the Housing Authority will: • Create application and all necessary releases; • Offer all potential buyers 8 hours of homebuyer education (dates/times to be determined); Srackis Page 1 5/8/2008 • Issue Mortgage Readiness Certificates to all buyers, upon completion of the homebuyer education class; • Conduct a criminal records check on all potential buyers; • Run credit reports, and provide one-on-one credit counseling, as necessary, for potential buyers; • Complete all income verifications, as required by HOME regulations; • Complete all reports required by HOME regulations; • Coordinate the documents (resale agreement, lien, etc.) and checks that will be needed for closing; • Market funds to Realtors, Lenders, and income eligible families. Southgate Development Services, LLC will: Market the project on Broadway; Identify their potential buyers; Assist buyers with completing application forms and faxing completed applications with all releases to ICHA. Srackis Page 2 5/8/2008 CITY OF IOWA CITY, IOWA FINANCIAL PLAN FOR 2009 - 2011 Fund: 7900 Housing Authority 2007 2008 2009 2010 2011 Actual Estimate Budget Projection Projection Beginning Balance 4,743,314 5,852,779 5,887,961 5,892,150 5,936,154 Fed. Intergov. Rev. 7,192,364 7,315,113 6,725,.858 6,725,858 6 725 858 Contrib & Donations 1,161 , , Other Misc Revenue 75,187 20,000 20,000 20 000 Interest Revenues 272,572 160,065 271,954 271,954 , 271 954 Rents Royalties & Commissions 138,711 21,851 160,584 5,653 138,711 21,851 138;711 21,851 , 138,711 21 851 Sale Of Assets 777,787 621,600 310,000 , Misc Transfers In 295,000 Misc Transfers In 1;506 Loans 85,788 29,178 57,288 29,178 29,178 Total Receipts 8,566,927 8,587,193 7,545,662 7,207,552 7,207,552 Personnel Services 833,493 878,254 926,026 956,983 988,445 Supplies 6,383,275 8 41 7,015,357 6,250,881 6,200,355 6,383,973 Capital Outlay , 4 230,774 .4,720 653,680 6,036 358,530 6,210 6,396 Other Financial Uses 1,506 Total Expenditures 7,457,462 8,552,011 7,541,473 7,163,548 7,378,814 Ending Balance 5,852,779 5,887,961 5,892,150 5,936,154 5,764,892 ---- FTE ---- Personnel Services 2008 2009 Capi tal Outlay 2009 FSS PROGRAM COORDINATOR 1.00 1.00 (2) Affordable Housing Units/Cons 310 000 HOUSING ADMINISTRATOR 1.00 1.00 5% of 590010 , 2 550 HOUSING ASSISTANT 1.25 1.25 95 g of 590010 , 45 980 HOUSING INSPECTOR 1.00 1.00 Contra -100°s , HOUSING OFFICE MANAGER 1.00 1.00 Copy Machine 15 000 HOUSING PROGRAM ASSISTANT 6.00 6.00 Desktop Compu ters (11) 20 900 PUBLIC HSG. COORD ~ 1.00 1.00 Laptop Computers (5) , 12,500 SECTION 8 COORD 1.00 1.00 Network Printer (1) 2,600 13.25 13.25 358,530 Thursday, May 08, 2008 Steven Rackis, Executive Director 410 E Washington Street Iowa City, IA 52240 Re: Available Cash Dear Mr. Rackis, We have reviewed the available cash position of the Iowa City Housing Authority (ICHA) as of the fiscal year ending June 30, 2007 per the Unaudited Financial Statements. We have developed an interpretation on the uses of each of these cash sources based on the relevant HUD notices and agreements that the Authority has signed with HUD. The following table shows the available ICHA cash sources as of the June 30, 2007 Unaudited Financial Statements separated by program: Section 8 Housing Estimated Funds Public Housing Choice Voucher Available For Program - (LIPH) Program - (HCV) Total Other Purposes Operating Cash/Admin Fee Cash 1,578,637 326,518 1,905,155 109,236 HAP Reserve Cash 1,506,596 1,506,596 TOP Sales Proceeds 1,382,834 1,382,834 Broadway Sales Proceeds 796,724 796,724 Tenant Security Deposits 28,855 28,855 Family Self Sufficiency (FSS) Cash 36,522 196,094 232,616 Total Cash 3,823,572 2,029,208 5,852,780 109,236 LIPH Operating Cash The LIl'H program receives Operating Funds from HUD to assistance ICHA in bridging the gap between the rent collected and the operating expenses of the program. The calculation and determination of the Operating Funds is not based on the actual or estimated expenses of ICHA but is formula driven. The amount of cash available as of June 30, 2007 is an accumulation of years of excess revenue over expenditures. Under Section 9(3) of the Housing Act of 1937, Operating Funds are available to ICHA for the operation and management of public housing this would include but not limited to maintaining and ensuring efficient management and operation, routine preventative maintenance, anticrime and anti-drug activities, providing adequate security for public housing residents, activities related to the provision of services to residents, activities to provide for management and participation in the management and policy making of public housing by public housing residents, the costs of insurance, the energy costs associated with public housing units. LIPH Operating cash is only available for the use and benefit of the public housing units and residents. Blosky and Associates, LLC.doc Section 8 HCV Administrative Fee Cash Starting January 31, 2004, HUD, and Congess through the approval of the Annual Appropriations Act, restricted the use of administrative fee income to activities related to Section 8 tenant-based rental assistance and related development activities (PIH Notice 2008-15). Prior to January 1, 2004, Section 8 administrative fee reserves, or operating reserves as they were known as at the time, were considered non-Federal funds available for any Authority use. The cash for the Section 8 program can be used to operate the program or for development activities that benefit the Section 8 program and its residents. The $326,518 of administrative fee cash available represents accumulated excess administrative fees earned from the inception of the program. Per the Authority's June 30, 2003 Audited Financials Statements, the Section 8 program had $109,236 in available cash. The $109,236 in available cash is the approximate amount of non-Federal funds available in the Section 8 HCV Program. Further analysis would need to be completed to determine the exact amount as of January 31, 2004. Section S HCV Housing Assistance Payments (HAP) Cash The Section 8 HCV HAP cash represents unexpended HAP funding received from HUD. The HAP cash has been accumulated excess cash since approximately fiscal year 2005 when HUD changed its funding policy. Prior to this period, ICHA would prepare a year end settlement and any excess HAP funding would be returned to HUD. ICHA now is required to track and separate excess HAP funding. $1,107,178 of the stated reserve of $1,506,596 is from Calendar Year 2006. According to HUD (March 14, 2008, CY2008 Voucher Renewal Funding Letter), the amount of excess HAP funding available to the Housing Authority for Calendar Year 2008 is $470,772.The use of the excess HAP funding and any interest earned on the cash is restricted to future HAP expenditures. (PIH Notice 2008-15). TOP Sales Proceeds On September 3, 1993, ICHA entered into a Section 5(h) Agreement with HUD. The purpose of this program is to create affordable home ownership opportunities through out Iowa City. The agreement gave ICHA the authority to sell Public Housing units and use the sales proceeds to purchase new homes for rehabilitation to continue the cycle. ICHA also provides a second mortgage for the homeowners. Per the agreement with HUD, the repayment of mortgages (principle and interest), any interest earned, down payments, and any other revenue related to the mortgages or sales is considered sales proceeds. The agreement with HUD requires that ICHA accounts for the sales proceeds separately. . The TOP program is a HUD approved homeownership program. The use of net sales proceeds is regulated by 24 CFR 906.31(a) which states: "The PHA must use any net proceeds of any sales under a homeownership program remaining after payment of all costs of the sale for purposes relating to low-income housing and in accordance with its PHA plan." Blosky and Associates, LLC.doc ICHA's plan is to use sales proceeds to build or purchase homes to rehabilitate then resell. The only way to change this plan is to receive approval by HUD. ICHA expended $535,373 during fiscal year ending 2007 to construct 4 units at Longfellow Place. ICHA sold two of these units for $147,000 per unit for a total of $294,000. ICHA provided $36,750 of second mortgages for each unit sold for a total of second mortgages. ICHA has purchased 4 other lots that are currently under construction at Longfellow Place. The construction costs are $473,574 plus $68,000 for the purchase of the lots. ICHA has also obligated $450,000 of TOP sales proceeds for the "Green Project" that ICHA is working with the Iowa Association of Realtors to complete. Broadway Sales Proceeds ICHA received approval from HUD for the sale of 18 units at 1926 / 1946 Broadway Street. Per the approved plan submitted to HUD, the sales proceeds were to be used for the development of 18 low density scattered site replacement units that would be more efficiently and effectively operated as lower income housing. There is no other permissible use of these funds per the agreement. The property was sold to the Hawkeye Area Community Action Program (HACAP). ICHA has an outstanding mortgage note receivable from HACAP. As of June 30, 2007, the outstanding mortgage balance is $456,733. Interest income earned on the sales proceeds, whether from the mortgage or cash, would be considered program income which could only be used to further support the stated goal of this program. LIPH Tenant Security Deposits ICHA holds security deposits until tenants vacant units. At that time, the tenants will receive a full or partial refund depending on such factors as remaining rental or other charges outstanding and reimbursement of damage repairs. Tenant security deposit cash is not available to ICHA for any other use. LIPH & Section 8 HCV FSS Cash The FSS program is a tenant self-sufficiency incentive program. ICHA establishes cash accounts for tenants that will be available to the tenant with the accrued income if the tenant completes the program. ICHA's contributions to these accounts are funded by HUD through the Authority's regular funding process. FSS cash is not available to ICHA for any other use. Prepared By: Sean Barrera, Vice-President Blosky & Associates, LLC Blosky and Associates, LLC.doc Housing Authority CY2008 Funding CY2008 Housing Assistance Payments (HAP) @ CY2007 Carry Over HAP @ Set-Aside for Portability @ Repayment of Overpaid Subsidy " Port-In HAP Payments FY07 Tenant Based Rental Assistance (TBRA) @ FY09 Tenant Based Rental Assistance (TBRA) Housing Choice Voucher Administrative Fees Public Housing Operating Subsidy " Family Self-Sufficiency/Homeownership Coordinators @ Capitol Improvement Funds @ Public Housing Rents Total CY2008 Funding Housing Authority CY2008 Projected Expenditures CY2008 Housing Assistance Payments (HAP) Escrow Savings Deposits `` Port-Out HAP and Fees " Tenant Based Rental Assistance (TBRA) @ Personnel " Public Housing Repairs/Maintenance/Improvements'` Public Total Direct Housing Housing Assistance Administration Income Authority $ 5,181,624 $ 470,772 $ 86,327 $ 22,000 $ 175,132 $ 179,823 $ 60, 000 $ 706,704 $ 103,490 $ 118,294 $ 151,567 $ 169,407 928,488 $ 320,974 $ 7,425,140 $ 6,175,678 $ $ 5,647,120 $ 156,000 $ 198,831 $ 179,823 $ 902,140 $ 300,000 Total CY2008 Projected Expenditures $ 6,181,774 $ 902,140 $ 300,000 $ 7,383,914 Difference from CY2008 Funding $ (6,096) $ 26,348 $ 20,974 $ 41,226 Projected CY2008 Surplus/(Deficit) of HUD Restricted Cash # $ 41,226 @ Actual '` Estimated CY2008 Funding.xls Housing Fellowshi Opening the doors of Johnson County 322 E. 2"d St. Iowa City, IA 52240 Office 319-358-9212 Fax 319-358-0053 O ~n ~ -~ ~ c 'T1 c~ -: ~~ r May 7, 2008 = { ~ ~. ~ ~ 0 o~ TO: Iowa City City Council A ~ Steve Long, Community Development Coordinator rv ~ FROM: Charlie Eastham, President, Board of Trustees Maryann Dennis, Executive Director RE: Comments on the Iowa City FY 2009 Annual Action Plan The Housing Fellowship (THF) is requesting that the Council increase the HCDC's recommendation of $180,000 in FY 09 City HOME funds for our proposal to develop permanent affordable rental homes in Iowa City. As we have stated in earlier correspondence to the Council we are proposing to combine FY 08 and FY 09 City HOME funds to develop as many as 26 affordable rental homes at four sites in Iowa City with financing provided by multiple sources. We will not be able to complete this project unless the Council substantially increases our allocation of FY 09 HOME funds. We would ask the Council to consider the following in deciding how to allocate the City's FY 09 HOME funds. I. City Steps and the Affordable Housing Market Analysis assigns the highest priority to development of permanent affordable rental housing and a low priority for home ownership assistance Rental housing for families is given a High priority in City Steps whereas home ownership assistance is given a Low priority. The recently completed Affordable Housing Market Analysis shows that in Iowa City the need for rental homes affordable to households with incomes less than 50% of Median Household Income is projected to be several hundred units by 2012 at the current rate of development of affordable rental housing (figures 82, 89, 99). The Market Analysis shows that in Iowa City the ratio of demand for renter to owner units is 5 to 1 (figure 89). Although the need for permanent affordable rental housing is much greater than is the need for home ownership assistance, the HCDC recommendations allocate almost twice the funds for home owner as for home renters. FY 09 Action Plan Allocation for Housing Projects Total Housing Projects Allocation $958,500 Allocations for development of permanent affordable rental housing The Housing Fellowship -Rental Housing $180,000 ISIS Investments LLC -Rental $94,000 Subtotal $274,000 Percent of Total Allocation 28.6% Allocations for home ownership City of Iowa City (ICHA) -Homeownership $107,500 City of Iowa City -Housing Rehabilitation $230,000 Dolphin International LLC -Homeownership $68,000 Southgate Development -Homeownership $80,000 Subtotal $485,500 Percent of Total Allocation 50.6% These allocations include the $230,000 of federal funding for Iowa City's Owner- Occupied Rehab program which supports local efforts for affordable homeownership. II. Of all proposed Housing Projects, only the proposal from The Housing Fellowship includes multiple sources of funding Our most recent budget estimate for developing these 26 rental homes is $6,277,000. In addition to City HOME funds we will obtain funds from these sources: ~ Low Income Housing Tax Credits ~ ~ ~ ~ State HOME funds from the Iowa Department of Economic Developme ~' ~ r" Iowa Finance Authority n :< ~`" , t'Tl Federal Home Loan Bank ~ ~ ~ o Housing Trust Fund of Johnson County ~ ~ Equity contribution from The Housing Fellowship ~' ~ Our projections are that every $100,000 of City funds will be matched by $579,000"iri'' funds from other sources. As the amount of HOME funds allocated to the City is very limited in relation to the need for affordable housing, it is essential that all proposals for the use of City HOME funds multiply those dollars with funds from State, Federal and private sources. All of the homeownership down payment assistance proposals recommended by the HCDC are eligible for HOME funds from the Iowa Department of Economic Development, either directly or in partnership with nonprofits. The ISIS and HACAP proposals are also eligible for HOME funds from the IDED as well as other public funds. We are particularly puzzled by the ICHA projects included in the HCDC recommendations. The budget document for the City of Iowa City shows a year end budget balance for the ICHA in FY 2005 of $3,589,000 that increased to $4,422,000 in FY 2007. Both the increase in the year end balance of $833,000 over just two years and the amount of the year end balance in relation to the ICHA total budget, seem to suggest that there may be funds to support both homeownership assistance and tenant based rental assistance already in the City's Housing Authority budget. In summary, The Housing Fellowship requests that the Council allocate $360,000 in FY 09 HOME funds so that we can build homes for rental occupancy on scattered sites. This request is validated by the results of the recent (much anticipated) independent Housing Market Analysis and the priorities set by residents of Iowa City in the City Steps plan. Your support of this request will result in a more balanced response to the array of housing needs in our community. _ O ~ ~n ~ ~ ~n -G r v O ~ ~ ~ T c~ D N aD 755 MORMON TREK BOULEVARD P.O. Box 1907 IOWA CITY, IA 52244-1907 PHONE: (319) 337-4195 FAX: {319) 337-9823 ~/^ SouthGate o N ~n ~ ' ~ ~ 1 Yl O ~ rn i'[i - l J O~ ~ ~~ To: Iowa City City Council ~ -- From: Dennis Craven, President Southgate Dev. Services LLC R' Date: May 7, 2008 Re: Down Payment Assistance Program The Housing and Community Development Commission has recommended allocating $80,000 of FY 2009 Home Funds to Southgate Development Services LLC (Southgate) for our Broadway Condo project and another $107,500 to the Iowa City Housing Authority (ICHA) for a proposed city wide down payment assistance program, and a third program proposed by Dolphin International. ICHA issued a memorandum to the Council dated Apri[ 24, 2008 requesting that the City Council combine all three of the allocations into a single down payment assistances program, which would be administered by ICHA. Subsequent to that request, Southgate met with ICHA to discuss their proposal and have concluded that we are not opposed to having the Southgate and ICHA programs combined into a single program, with ICHA being responsible for the administration, provided that: • Tlie City Council agrees to otherwise fund both programs based on the recommendation of the Housing and Community Development Commission. • Tlie combined funds are available City wide to qualified applicants on a first come first serve basis. • The administrative fee allowed to be retained by ICHA is limited to no more than 7% of the total combined funding. Southgate is excited about the potential of our project and looks forward to working with ICHA should you elect to combine our proposed programs. If you have questions prior to the work session feel free to contact me at 337-4195. J7, s~' `~ ~ ~.. /~~ r ~•~~„+®~ CITY OF IOWA CITY ,~®,~~ ~ ~ R~ ~ D la ~ ~E DATE: 5/12/2008 TO: CITY COUNCIL FROM: SUSAN DULEK, ASST. CITY ATTORNE , STEPHEN LONG, COMMUNITY DEVELOPMENT COORDINATOR RE: CDBG/HOME ALLOCATION/DOWN PAYMENT ASSISTANCE PROJECTS Introduction The annual allocation of CDBG and HOME funds on the agenda for the May 13, 2008 Council meeting includes applications for down payment assistance projects from Southgate Development, Dolphin International LLC, and the Housing Authority. This Memorandum is to provide you with information on why federal relocation assistance will need to be paid to certain tenants whose units are purchased by persons receiving down payment assistance. Community Development staff had considered the possibility that relocation assistance would be required and had talked to HUD (Department of Housing and Urban Development) representatives this past winter. Initially, staff understood that relocation assistance would not be applicable but just recently a different HUD office directed that relocation assistance would be required. The City Attorney's office then researched the issue and communicated with HUD staff and agrees that the Relocation Act applies even though it is a private acquisition. Federal Relocation Act When the government condemns property to build a highway using federal DOT dollars and the property includes residential units, the government must pay relocation assistance to the tenants. In the proposed down payment assistance projects, a private individual will be purchasing a unit from a private party. Even though there is no condemnation and the government is not acquiring any property, the federal Relocation Act still applies because the purchase is financed in part with "federal assistance." The federal Relocation Act of 1970, as amended, is codified at 42 U.S.C. §4601 et seg' and the implementing regulations can be found at 49 CFR Part 24. Under federal law, the key term is "displaced person" because relocation assistance must be paid to a "displaced person." "Displaced person," which is defined at 42 U.S.C. §4601(6), includes residential tenants who are displaced because of "acquisition of ... property in whole or in part for a program or project undertaken ... with Federal financial assistance." The key to determining whether the Relocation Act applies is if federal financial assistance is used. Situations Where Relocation Assistance Does and Does Not Apply Relocation assistance will be required if a tenant is displaced by an owner to whom down payment assistance is provided even if the person is displaced because of the nonrenewal of a lease and/or the tenant chooses to move. Not every purchase using down payment assistance involves relocation assistance. Because the Relocation Act assists tenants who are being displaced, relocation assistance would not apply if: 1. The person buys a unit from an owner-occupant; 2. The person buys a unit that has been vacant prior to the "eligibility date"; or 3. The person buys the unit in which he or she is currently a tenant. Eligibility Date In order for a tenant to be eligible for relocation assistance, the tenant must have been a tenant in the unit that is being purchased as of the eligibility date. Even if the lease ends after the eligibility date and the tenant had planned to move anyway, the tenant is nonetheless eligible for assistance. The federal law and regulations do not provide clear guidance in defining the eligibility date in this situation. HUD officials have informed us that, with respect to the Dolphin International LLC and Southgate Development projects, they consider the eligibility date to be when the City and Dolphin/Southgate sign the agreement for the use of the CDBG/HOME funds (some time in July 2008). In the case of the City administered project (that is, the Housing Authority), the eligibility date is when the buyer makes an application to the Housing Authority for down payment assistance. Amount of Relocation Assistance and Use of CDBG/HOME Funds for Payment According to HUD, the three applicants could use the CDBG/HOME funds to pay the relocation assistance. The City's agreements with the applicants would require that any relocation assistance to be the responsibility of the applicant. The amount of the assistance varies but could exceed $5,000.00 per unit. This obviously decreases the potential number of persons who would benefit from the projects. It is our understanding that the three entities may not be aware of the extent of the implications of the federal law. Even though HUD permits the allocated HOME/CDBG funds to be used to pay the relocation assistance, it may be that one, two, or all three entities no longer want to participate in a down payment assistance program in light of this. City Council Options There appear to be three options available to Council for the May 13 meeting. The first option is not to allocate any funds for down payment assistance to any of the three entities at this time but rather place those funds in an "uncommitted pool." The three entities would then have time to consider how they wish to proceed. If they still wanted to go forward with their respective projects, their applications would go back to HCDC for a recommendation to Council. The issue would then be back on Council's agenda for the meeting on June 3. The second option is not to award any funds for down payment assistance and instead award the funds to other applicants that are not fully funded. The third option is to proceed with allocating down payment assistance funds. If Council does award funds to the Housing Authority, Community Development staff recommends that Council limit the down payment assistance to sales in which the Housing Authority would not be required to pay relocation assistance to a tenant. In other words, in order for a buyer to receive down payment assistance to purchase a unit through the Housing Authority's program, the buyer essentially would need to purchase the home in which he/she is currently a tenant, purchase from an owner occupant, or purchase a unit that has been vacant prior to the eligibility date. It has been the long-held position of Community Development not to participate in any program in which relocation assistance would have to be provided. Conclusion Staff has provided copies of this Memorandum to the Housing Authority, Southgate and Dolphin and will be available to answer questions at the work session tonight. Copy to: Dale E. Helling, Interim City Manager Eleanor M. Dilkes, City Attorney Marian K. Karr, City Clerk Housing Authority Southgate Development Dolphin International, LLC Post-it® Fax Note 767 Date -N `' -}-' pages- ~ ~ To From , ~; U'r Co./Dept. Co. Phone # Phone # Fax # Fax # 2 FirstHome Plus Page 1 of 2 ~~ Ic~~;va Finan~~ Autc~t~it I N Y E S 1 I N G N N O M6 A N D......C t7 t{ N V N! 7 For Home Buyers En Espanol FirstHome FirstHome Plus Participating Lenders Military Service Member Homeownership Assistance Mortgage Credit Certificate For Lenders 8 Realtors For Renters For Developers !Managers For Communities /Housing Org. Media Center About IFA Economic Development FirstHome Plus Rates as low as` EirstHomg 5.875°~ FirstHome Plus 6.25% These fixed i.nterest._rdtes are effective February 29, 2008, and are subject to change without notice. Neither the .F..irstHom.~ nor F.i...r..stH.gme_.P...l_us program charges discount points or origination fees. "Depending on the type of loan for which you qualify, you may receive a higher interest rate, but it will not exceed 6.125% or 6.5%, respectively. Contact the Iowa Fi_n...a.n..ce_Authori.ty or a participating_le.nder to learn more. FirstHome ..P..rogramB...r..ochure. Many first-time homebuyers have a hard time coming up with cash for down payment and c FirstHome Plus program provides cash assistance of up to $2,500 to help with closing costs repairs. Qualified homebuyers may have a household income of up to $46,800. Other Information Why choose FirstHome Plus? Site Index 1. The interest rate for FirstHome or FirstHome Plus loans is usually lower than the market the interest rate is fixed for 30 years. SEARCH 2. IFA loan funds may be used with any standard loan product offered by Fannie Mae, USDA other government loan products such as FHA or VA. IFA funds may not be used to refinance 3. IFA does not charge any fees in connection with the loan. Participating lenders charge or associated with the granting of a mortgage; lenders do not charge discount points or origin loans. Who qualifies? Qualified homebuyers may have a household income of up to $46,800. Also, eligible homeo the home within 60 days of closing or within 60 days of building completion. Maximum purchase price In most of the state, the maximum purchase price is $237,000. Homes that are located witl http://www.ifahome.com/en/for home buyers/index.cfm?nodeID=9805&audienceID=1 5/13/2008 FirstHome Plus tract may cost up to $289,000. Page 2 of 2 The U.S. Census Bureau has identified specific targeted._ar~as within some Iowa cities. Inco targeted areas, which are defined as locations in need of capital improvements. The entire a targeted area. Outside targeted areas, the county's non-targeted income limits apply. Pei FirstHome or FirstHome Plus program to purchase homes within targeted areas do not need homebuyers. 0..o.nract...th.e...14wa_F.l.natt.[e._AU_tho[.ty to learn whether the home you are intere within a targeted census tract. To learn about how you can become afirst-time homeowner with FirstHome, send us ai 800.432.7230. Note: In some specific and very rare instances, home buyers who use FirstHome or Firs a recapture tax. Contact the_lowa Finance_Authority to learn more. ~<; Copyright 1997-2008 Iowa Finance Authority ~ AU Rights Reserved ~;( ,..,~ ~ GLOBAl. REACH http://www.ifahome.com/en/for home_buyers/index.cfin?nodeID=9805&audienceID=1 5/13/2008 Iowa Finance Authority Page 1 of 2 For Home Buyers For Renters For Realtors/Lenders For Developers/Managers For Communities/Housing Org. Media Center Economic Development About IFA Other Information Site Index SEARCH Participating Lenders The Iowa Finance Authority offers homebuyers several great home financing opportunit statewide network of hundreds of lenders. Please search below to find the lender in yoi the FirstHome, FirstHome Plus or Military Service Member Homeownership Assistance pr Please select by Lender, Si_tX or County Iowa City Search Name City Ameri 805 22 Bank 1910 8 ca nd of th n Bank Ave. the We Street li Tr st Lan ust Co. iam Park Plaza Freed PO Bo Hilly B 1009 2 Indym 1150 Iowa S 110 Fi Libe 119 2 Resid om x 5 an nd ac 5th ta rst nd ent Secur 880 k li Tr Stree Bank, Street te Ban Avenu Bank FS Street ial Mo ity Ba ust C t ~.S.B k Et T e B Suit rtgag nk omte . rust Companv e 100 e Network Inc. 2421 Unive Co rsi ral Cou ty of Io rt Un wa C it 1 ommunity Credit Union PO Bo Hills B PO Bo Bank 1720 Bank 301 S Bank 812 S Count X346 x 5 an x 1 of Wa of out of 1s ry Mo 010 k 8 Tr 60 the We terfron the We h Clint the We t Aven wide H rmon T ust C st t Dri st on St st ue ome rek B ompany ve reet Loans lvd, Ste 1600 Coralville Coralville Coralville Coralville Coralville Coralville Coralville Coralville Coralville Hills Iowa City Iowa City Iowa City Iowa City http://www.iowafinanceauthorityl.com/SFContactListing.asp?Search=True&SearchBy=City 5/13/2008 laz.~a Frr~_an~~ .Authority Iowa Finance Authority Page 2 of 2 First American Bank Suite 2 1901 Broadwa Iowa City y, Hills Bank ft Trust COmDa~V 132 East Washington Street Iowa City Hills Bank Fr Trust Company 1401 South Gilbert Street Iowa City Hills Bank Ft Trust Companv 2400 Towncrest Drive Iowa City Iowa State Bank D Trust Companv Iowa City 2233 Rochester Avenue Iowa State Bank £t Trust Companv 6 B ~ Keokuk St ft Hw Iowa City yp y Iowa Crare Bank 8 Trust Companv_ PO Box 1700 Iowa City Residential Mortt~Qe Network Inc Iowa City PO Box 1816 U.S. Bank N.A. Iowa City PO Box 1880 University of Iowa Community Credit Union 825 Mormon Trek Blvd Iowa City University of Iowa Community Credit Union PO Box 2240 Iowa City Universit~of Iowa Community Credit Union Iowa City 2525 Muscatine Avenue University of Iowa Community Credit Union Iowa City PO Box 2630 Hills Bank tt Trust Companv PO Box 103 North Liberty Iowa State Bank tt Trust Comte 465 South Hwv 965 Ste A North Liberty ~~ Copyright 1997-2007 Iowa Finance Authority I All Rights Reserved ^ http://www.iowafinanceauthorityl.com/SFContactListing.asp?Search=True&SearchBy=City 5/13/2008 ~ °0~ y There are several basic types of homeownership assistance activities: (1) rehabilitation in support of homeownership (best option if existing units); (2) acquisition assistance such as mortgage buy-down (best option for newly constructed units); (3) General Homebuyer Assistance (a combination of the first two types, existing units); (4) the American Dream Down-payment Initiative (ADDI) which may be used for down payment and closing cots and/or acquisition assistance (for either newly constructed or existing units); and (5) acquisition, rehabilitation with intent to resell. Activity Requirements Only first-time homebuyers are eligible for homeownership assistance activities. 1S'time homebuyers must meet the HUD definition. - Only households whose gross annual incomes are at or below 80 percent of the area median income can participate in (benefit from) a homeownership activity. A list of area income levels is available from IDED and included in our application materials. :- Initial purchase price for newly constructed units, or the after-rehabilitation value for rehabilitated units, cannot exceed 95 percent of the median purchase price for the type of single-family housing in the jurisdiction. - The maximum per unit Housing Fund subsidy for homeownership activities is $24,999 (Note: for activities involving rehabilitation of existing units this limitation is on the hard costs of rehabilitation only and may be exceeded to cover the costs of technical services, lead hazard reduction, and lead hazard re uction carrying costs). r.~n b ~. c,~.Jb'i h ~.~ u,,.~ A Do 1 ~.rr a -Iu~la~L °~- ~ 3 y, X19 9 l h ~l~.~a.~A 1 cl . - Homeownership assistance programs shall be designed to provide gap financing. The Housing Fund shall provide forgivable loans only and provide the least amount of assistance necessary to make individual projects affordable to the homebuyer. Receding forgivable loans are preferred. - All Housing Fund funded homeownership assistance activities will need to require the beneficiaries of their program to use a principal mortgage loan product offered by one of the following: IFA, USDA-RD, FHLB, HUD (FHA and VA), Habitat for Humanity, Fannie Mae or Freddie Mac. One of these entities will be the principal, and only, direct (repayable) mortgage lender in all individual projects. Any of these entities' loan products may be used, provided they ensure at least a 90% loan-to-value ratio (LVR) and will be no less than a 15-year, fully amortized, fixed-rate mortgage. - Assisted units must remain affordable through recapture or resale provisions for a specific period: five years for projects receiving up to $15,000 in Housing Fund assistance; ten years for projects receiving $15,000 to $40,000 in Housing Fund assistance; and 15 years for projects receiving over $40,000 in Housing Fund assistance. IDED prefers recapture over resale, allowing the homeowner to recapture any initial out-of-pocket investment (out-of- pocket down payment and closing costs plus any capital improvements they have made) before the recipient recaptures any Housing Fund investment. IDED's preferred method of recapture is a receding forgivable loan. Recaptured funds must be based on the net proceeds of the subsequent sale. Recapture or resale provisions must be addressed in the application. Resale provisions rarely will apply. - Upon completion, all dwellings rehabilitated as part of a homeownership assistance activity must conform to Iowa's Minimum Housing Rehabilitation Standards (applicable to all communities with populations of less than 15,000 absent of such standards or codes). For More Information: Email: housing(a~iowalifechanging.com Web Address: httt,://www.iowalifechanginq.com/community/housing/housing.html Phone: (515) 242-4825 Iowa Department of Economic Development Community Development Division 200 East Grand Avenue Des Moines, IA 50309 Printer-friendly page from www.hud.gov This page is located on the U.S. Department of Housing and Urban Development's Homes and Communities Web slte at htto //www nhl aov/offices/cgJaffordablehousing/programs/home/adds/index cfm. American Dream Downpayment Initiative Summary The American Dream Downpayment Initiative (ADDI) was signed into law on December 16, 2003. The American Dream Downpayment Assistance Act authorizes up to $200 million annually for fiscal years 2004 - 2007. ADDI will provide funds to all fifty states and to local participating jurisdictions that have a population of at least 150,000 or will receive an allocation of at least $50,000 under the ADDI formula. ADDI will be administered as a part of the HOME Investment Partnerships Program, a formula grant program. Purpose ADDI aims to increase the homeownership rate, especially among lower income and minority households, and to revitalize and stabilize communities. ADDI will help first-time homebuyers with the biggest hurdle to homeownership: downpayment and closing costs. The program was created to assist low-income first-time homebuyers in purchasing single-family homes by providing funds for downpayment, closing costs, and rehabilitation carried out in conjunction with the assisted home purchase. Type of Assistance ADDI will provide downpayment, closing costs, and rehabilitation assistance to eligible individuals. The amount of ADDI assistance provided may not exceed $10,000 or six percent of the purchase price of the home, whichever is greater. The rehabilitation must be completed within one year of the home purchase. Rehabilitation may include, but is not limited to, the reduction of lead paint hazards and the remediation of other home health hazards. Eligible Customers To be eligible for ADDI assistance, individuals must be first-time homebuyers interested in purchasing single family housing. Afirst-time homebuyer is defined as an individual and his or her spouse who have not owned a home during the three-year period prior to the purchase of a home with ADDI assistance. ADDI funds may be used to purchase one- to four- family housing, condominium unit, cooperative unit, or manufactured housing. Additionally, individuals who qualify for ADDI assistance must have incomes not exceeding 80% of area median income. Eligible Activities ADDI funds may be used for downpayment, closing costs and, if necessary, rehabilitation in conjunction with home purchase. ADDI funds used for rehabilitation may not exceed twenty percent of the participating jurisdiction's total ADDI allocation. The rehabilitation assisted with ADDI funds must be completed within one year of the home purchase. Funding Status In FY 2007, Congress appropriated $24,750,000 for ADDI. Previously, Congress appropriated $74,513,000 in FY2003 and $86,984 in FY2004, $49,600,000 in FY2005 and $24,750,000 in FY2006. HUD has issued formula allocations for FY Page 1 of 2 http ://www.hud. gov/utilities/print/print2. cfm?page=8 0 $^~ahttp%3 A%2F%2Fwww%2Enhl... 4/23 /200 8 Printer-friendly page from www.hud.gov 2007 to assist participating jurisdictions in preparing their consolidated plans. Obtaining Assistance First, check the formula allocation page to determine whether your local HOME administering agency received ADDI funding. If they did not receive ADDI funding, ADDI funds may be available through your state. Every state received ADDI funds. The contacts for state are available in the HOME administering agency list. For further information regarding the administration of ADDI, visit our Q&A page (PDF (Word). U.s. Department of Housing and Urban Development 451 7th Street, S.W., Washington, DC 20410 Telephone: (202) 708-1112 Find the address of a HUD office near you Page 2 of 2 http://www.hud. gov/utilities/print/print2. cfm?page=80$^(ahttp%3 A%2F%2Fwww%2Enhl... 4/23/2008 8 ^~ Prepared by: Sarah E. Holecek, 15t Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-137 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD, PHASE 2-A, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT COMPANY, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JUNE 3, 2008 WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement between the City of Iowa City and Peninsula Development Company (as assignee of Terry L. Stamper Holdings, L.L.C.) approved by Resolution No. 00-231 of the City Council dated June 29, 2000, and amendments thereto ("Agreement"), Peninsula Development Company has agreed to develop a tract of land known as the Peninsula Neighborhood; and WHEREAS, the City Council will consider for approval the final plat of the Peninsula Neighborhood, Phase 2A, which contains seventeen (17) proposed units, at its meeting scheduled for May 13, 2008; and WHEREAS, pursuant to said Agreement, Peninsula Development Company has agreed to purchase the Peninsula Neighborhood, Phase 2A, for a price equal to a per-unit base price of $3,171.00 multiplied by the total number of final site-plan approved units plus interest at the rate of 6.5% on the outstanding principle balance, for an estimated purchase price of $270,009.10; and WHEREAS, said Peninsula Neighborhood, Phase 2A, is located in Iowa City, Johnson County, Iowa, and is described as follows: PART OF AUDITOR'S PARCEL NO. 2001020, AS RECORDED IN BOOK 43, PAGE 43 OF THE OFFICE OF THE JOHNSON COUNTY RECORDER, AND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, AND THE SOUTHEAST QUARTER OF SECTION 5, IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY, .IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 51 OF THE PENINSULA NEIGHBORHOOD SECOND ADDITION AS RECORDED IN BOOK 46, PAGE 186 OF THE JOHNSON COUNTY RECORDS; THENCE S27°55'45"W, 207.48 FEET ALONG THE WESTERLY LINE OF SAID LOT 51; THENCE S40°27'14"W, 53.00 FEET; THENCE S49°32'46"E, 11.05 FEET; THENCE S40°27'14"W, 180.52 FEET; THENCE S27°46'06"W, 49.16 FEET; THENCE N62°12'38"W, 10.27 FEET; THENCE S27°47'22"W, 53.00 FEET; THENCE S62°12 38 E, 110.32 FEET; THENCE S27°46'06"W, 85.20 FEET; THENCE S12°47'39"E, 81.75 FEET; THENCE S64°46'06"W, 119.17 FEET; THENCE S73°05'03"W, 101.10 FEET; THENCE N89° 19'43"W, 59.10 FEET; THENCE N59°28'31 "W, 47.52 FEET; THENCE N70°45'54"W, 56.87 FEET; THENCE N53°30'11"W, 188.30 FEET; THENCE N28°41'11"W, 124.62 FEET; THENCE N29°39'25"E, 187.75 FEET; THENCE N37°32'43"E, 141.28 FEET; THENCE N.46°24'05"E, 120.65 FEET; THENCE N59°51'16"E, 63.62 FEET; THENCE N40°14'00"E, 60.00 FEET; THENCE N56°51'07"E, 62.54 FEET; THENCE N67°13'55"E, 132.08 FEET; THENCE S49°32'46"E, 63.47 FEET; THENCE S01°35'09"E, 95.85 Resolution No. nR-~ ~~ Page 2 FEET; THENCE S49°32'46"E, 56.26 FEET; THENCE N40°27'14'E,190.89 FEET TO THE NORTHERLY LINE OF AUDITORS PARCEL 2001020; THENCE ALONG SAID LINE S65°31'42"E, 42.34 FEET TO THE POINT OF BEGINNING. SAID SUBDIVISION CONTAINS 7.60 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the disposition of the subject property according to the Development Agreement is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to consider the proposal to convey its interest in the Peninsula Neighborhood, Phase 2A, described above to Peninsula Development Company, in accordance with said Agreement, at a price equal to a per-unit base price of $3,171.00 multiplied by the total number of final site-plan approved units (17), plus interest at the rate of 6.5% on the outstanding principle balance, for an estimated purchase price of $270,009.10. 2. A public hearing on said proposal should be and is hereby set for June 3, 2008, at 7:00 p.m. in Emma Harvat Hall of the City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 13th day of May , 2008. C ATTEST: d!/(CQ~~~ ~ - -~'<~ CITY CLERK Approved by City Attorney's Office '~ ~tl'~c'4~ sarah\peninsula\phase 2A\res of intent to convey Resolution No. 08-137 Page 3 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ x x x x ~- x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalgtossary/resolution-ic.doc ''^~"~ `~ Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 08-138 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE REVENUE DIVISION OF THE FINANCE DEPARTMENT AND THE PARKING DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY DELETING ONE ACCOUNT CLERK -REVENUE POSITION AND CREATING ONE CUSTOMER SERVICE REPRESENTATIVE -PARKING POSITION. WHEREAS, currently the Revenue Division and the Parking Division share responsibilities for parking related clerical operations; and WHEREAS, consolidation of these duties within the Parking Division will provide more convenient and efficient service to the public; and WHEREAS, an account clerk position in Revenue will be vacant on May 1 due to the retirement of an employee; and WHEREAS ,this provides an opportunity to restructure a position to meet the needs of the consolidation. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Revenue Division of the Finance Department be amended by the deletion of one Account Clerk -Revenue position, AFSCME grade 4. 2. The budgeted positions in the Parking Division of the Parking and Transit Department be amended by the addition of one Customer Service Representative -Parking position, AFSCME grade 7. Passed and approved this .13th day of 20~_. c ATTEST: .t,. oti CI LERK Approved by " City Attorney's Office It was moved by Wilburn and seconded by nrP~nnPl i the Resolution be adopted, and upon roll call there were: AYES: X X x ~._ ~_ ~- NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright humanrel\res\parking-revenue. doc ~~_ _ ~'~.®~ CITY OF IOWA CITY 9 ..ul~~`t ®~~~ RA N D Li M M E ~VI Q Date: May 2, 2008 To: Dale Helling, City Manager From: Joe Fowler, Director of Parking and Transit l"' Chris O'Brien, Parking Manager G~~ Re: Consolidation of Parking Operations The City of Iowa City Departments of Parking & Transit and Finance have determined that the public can best be served by consolidating all functions of the Parking Division into one location. In order to make this transition possible, the Parking Division needs to add a customer service representative while Revenue would eliminate an account clerk position. Currently, the Parking Division is responsible for enforcement of parking violations, the operation and maintenance of all off-street facilities, the sale of all parking permits and reserved metered stalls, the manual computer entry of all Police Department parking tickets, the maintenance of parking meter equipment, and the adjudication of all parking ticket appeals. The Parking Division would add the responsibilities of parking related customer service functions, receipt processing duties, citation appeals and all letter processing which is currently being performed by the Revenue Division. The following is a summary of the effects to operations as a result of this change. Marketing and education -There are steps that would need to take place in order for us to properly educate the public on these changes. This can be done through aggressive marketing and in making minor adjustments to the literature that is printed. By posting the changes to the City of Iowa City website, adjusting the information printed on appeal forms and citations and by advertising through the media and other City offices we can educate the public on the transition of services. Hours of Operation -The Parking Division office would be open for customers from 7:OOAM - 6:OOPM Monday -Friday. This would allow customers working the traditional 8:OOAM - S:OOPM opportunities to address any issues that they have regarding parking operations. In addition to our customer service personnel, a supervisor is also available during those hours to handle any questions, complaints or disputes that can not be resolved by customer service personnel. Parking - In order to provide parking access for customers wishing to visit the Parking Division offices we will reserve three spaces on Iowa Avenue as well as three spaces in the Tower Place for people conducting business in our office. There will be no charge for these spaces and time limits will be established similar to that of loading zones in downtown Iowa City. Location -Customers can continue to make citation payments and submit appeals at City Hall. There will be a payment center set up in a location to be determined by the Revenue Division where cashiers will be able to take citation payments and help customers if they wish to appeal a citation. The functions that will be relocated are centered around receipt processing, dispute resolution, the call center and administrative duties centered on citation management. The relocation of these duties has no impact to the parking customer. One area that could see an impact is in a situation where awalk-in customer wants to speak to a representative. Currently these functions are handled in the Revenue Division. According to data provided by the Revenue Division, they average twenty customers per month that wish to speak to a representative, which equates to roughly one per day. Due to circumstances surrounding parking permits, issued citations, contractor parking and general questions we already May 2, 2008 Page 2 experience a significant amount of walk-in traffic. On average we see around 25 - 30 customers per day that wish to speak to someone about an issue that they have regarding a parking situation. By relocating all parking operations to the Parking Division office, we feel that the customers will be better served. They will not have to be asked to walk somewhere else if they are not satisfied with what they are told by a customer service representative. This gives our customers "one-stop shopping" as it relates to all parking issues. Customer Service Representative - In addition to the duties associated with assisting parking customers, we anticipate that the customer service representative will take on additional responsibilities during their scheduled shift. Division payroll, bill payments, invoicing and permit sales are just a few of the functions that this position will perform. This position will also provide additional coverage for the parking division on occasions when the account clerk is scheduled to be away from work. By centralizing the operations into one location we are able to provide the customer with "one- stop shopping" and minimize any need to send customers to a different location. Extending the office hours by two hours per day will provide the public with more opportunities to speak to someone about their parking issues. The addition of a Customer Service Representative will enhance the operations within the Parking Division. The sum of these changes will have a positive impact on the service that is provided to our customers while also benefitting the Parking and Revenue divisions. Cc: Kevin O'Malley M~~ ~~ Prepared by: Kevin O'Malley, Revenue, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 08-139 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE REVENUE DIVISION OF THE FINANCE DEPARTMENT BY DELETING ONE ACCOUNT CLERK - REVENUE POSITION AND ADDING ONE CUSTOMER SERVICE .REPRESENTATIVE -REVENUE POSITION AND AMENDING THE AFSCME PAY PLAN BY DELETING THE POSITION OF ACCOUNT CLERK -REVENUE. WHEREAS, Resolution No. 07-71 adopted by the City Council on March 5, 2008, authorized permanent positions in the Revenue Division for FY08; and WHEREAS, Resolution No. 07-163, adopted by the City Council on May 14, 2007 established a classification/compensation plan for AFSCME employees; and WHEREAS, over the last two years water service Notice of Shutoff cardings have increased 9% and water shutoffs have increased by 20% and utility payment arrangements have increased by 17%; and WHEREAS, the number of staff to handle this increased customer service workload has remained constant; and WHEREAS, customer interactions have shifted from routine payments and questions to complex/escalated situations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Revenue Division of the Finance Department be amended by deleting one Account Clerk -Revenue position (grade 4) and adding one Customer Service Representative -Revenue position (grade 7). 2. The AFSCME pay plan be amended by deleting the position Account Clerk -Revenue, grade 4. Passed and approved this 13th day of ATTEST: ~~.c~~ `~ r~G~/ CITY LERK It was moved by Wilburn and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright finadm\res\revenue-positions08.doc r -- ~~~~= p~~ CITY OF IOWA CITY 10 ~~ ~~ ~~~~~~ AND 1Vl EM R U M Date: May 6, 2008 To: Dale Helling, Interim City Manager S~ From: Melissa Miller, Revenue & Risk Manage '~ - ` Re: Replace Account Clerk with Customer Service Representative -Revenue Division The Revenue Division currently has 4 Customer Service Representatives and 1 Account Clerk. would like to propose replacing the Account Clerk position with a Customer Service Representative position. Having an additional Customer Service Representative would increase the number of staff available to assist walk in customers, make payment arrangements, handle collection accounts, and resolve escalated customer situations. Over the last two years, cardings have increased by 9%, shutoffs have increased by 20%, and payment arrangements have increased by 17% while the number of staff available to handle these situations has remained constant. Customer interactions have shifted from routine payments and questions to complex/escalated situations. Replacing the Account Clerk with a Customer Service Representative would facilitate providing better customer service to the Revenue Division's client base and position the Division to provide enhanced services in the future. The pay differential in replacing the Account Clerk with a Customer Service Representative would be approximately $1500. Please let me know if you have any questions. M-~-~,, ~,~ May 13 ,2008 The City Council of Iowa City, Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7 :OO o'clock p .M., on the above date. There were present Mayor Bailey , in the chair, and the following named Council Members: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. Wright Absent: None * * # -1- 05- - 11 Council Member Wright introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $9,150,000 GENERAL OBLIGATION BONDS, SERIES 2008A, AND APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption. Council Member Champion seconded the Resolution to adopt. The roll was called and the vote was, AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia, Hayek NAYS: Kane Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 08-140 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $9,150,000 GENERAL OBLIGATION BONDS, SERIES 2008A, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks; equipping of the fire, police and public works departments, an essential corporate purposes project, and it is deemed necessary and advisable that the City issue general obligation bonds for such purposes to the amount of $6,890,000, as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on Apri129, 2008, upon the proposal to institute proceedings for the issuance of not to exceed $6,890,000 General Obligation Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is the decision of the Council that additional action betaken for the issuance of $6,890,000 General Obligation Bonds, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the City of Iowa City, Iowa, is also in need of funds to pay costs of improvements to the Senior Center, including tuck pointing, roof, boiler and chiller repairs, a general corporate purpose project, and it is deemed necessary and advisable that -2- the City issue General Obligation Bonds for the purpose to the amount of $700,000 as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, the City of Iowa City, Iowa, is also in need of funds to pay costs of the City 1-tall lower level remodeling and miscellaneous improvements to City Hall, a general corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for the purpose to the amount of $645,000 as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, the City of Iowa City, Iowa, is also in need of funds to pay costs of the purchase of a generator for City Hall; the purchase of equipment for city offices and the acquisition of art for public buildings and areas, a general corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for the purpose to the amount of $590,000 as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, the City of Iowa City, Iowa, is also in need of funds to pay costs of improvements to the Mercer Baseball Field and General Rehabilitation and Improvement Program housing improvements, a general corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for the purpose to the amount of $325,000 as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000, and the amount of the proposed bond issue is not more than $700,000.00; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is deemed appropriate that the various General Obligation Bonds hereinabove described be combined for purposes of issuance and sale in a single issue of corporate purpose bonds as hereinafter set forth; and WHEREAS, the Council has received information from its Financial Consultant evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I . That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That the City Clerk is hereby directed to publish notice of sale of said bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the "Iowa City Press-Citizen", a legal newspaper, printed wholly in the English language, published within the county in which the bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 3~d day of June, 2008, at 7:00 o'clock P.M., will hold a meeting to act upon bids for the bonds, which bids were previously received and opened by City Officials at 10:00 o'clock A.M. on said date. The notice shall be in substantially the following form: -4- NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds of the City of Iowa City, Iowa, will be received at the office of the Finance Director, in the City of Iowa City, Iowa (the "Issuer") at 10:00 o'clock A.M., on the 3`d day of June, 2008. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the TERMS OF OFFERING. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS, Series 2008A, in the amount of $9,150,000, to be dated June 30, 2008 (the "Bonds"). Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director, Iowa City, Iowa Electronic Internet Bidding: Electronic Internet bids will be received at the office of the Finance Director, Iowa City, Iowa. The bids must be submitted through the PARITY' competitive bidding system. Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director, Iowa City, Iowa. Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic Internet bids will be accessed and announced. Sale and Award: The sale and award of the bonds will be held at the Emma J. Harvat Hall, City Hall at a meeting of the City Council on the above date at 7:00 o'clock P.M. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The -5- Official Statement may be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240 -telephone: (319) 356-5053; or the City's Financial Consultant, Public Financial Management, Inc., 2600 Grand Avenue, Suite 214, Des Moines, Iowa, 50312 -telephone: (515) 243-2600. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Le ag 1 Opinion: The bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. City Clerk of the City of Iowa City, Iowa -6- PASSED AND APPROVED this 13th day of Ma 2008. ATTEST: . ~- City erk -7- CIG-3 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) 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 the Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the 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 purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members 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 the 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 the Municipality hereto affixed this 15th day of Tray , 2008. City erk, Iowa City, Iowa SEAL MMCGINLE\577347.1 \WP 10714.091 Prepared by Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 08-141 RESOLUTION APPROVING FUNDING FOR ALFIE'S BEAUTY SUPPLY, A SOLE PROPRIETORSHIP, FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) -ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's 2006-2010 Consolidated Plan (CITY STEPS), as amended, as well as the FY06 and FY07 Annual Action Plans, a subpart of CITY STEPS, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Iowa City City Council Economic Development Committee held a public meeting to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by Alfie's Beauty Supply be allocated $5,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of a partially secured, five-year (5 year) amortized loan with an interest rate of 0%; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project to create employment opportunities for low-moderate income persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 2. The City Manager is authorized to execute, terminate or amend an agreement(s) with Alfie's Beauty Supply, a sole proprietorship, for activities in connection with this allocation of public funds. Passed and approved this 13th day of May , 20~$_. ATTEST:~~~ ~~ J I ERK -, ~'-~_d City Attorney's Office .1 .. Ppdcdbg/res/cdbgfund-alfies.doc Resolution No. 08-141 Page 2 It was moved by Wilburn and seconded by adopted, and upon roll call there were: AYES: NAYS: x X ~- x ~- x x Correia ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be wpdatalglossary/resolution-ic.doc r ~.~,®~ CITY OF IOWA CITY 12 "~~~~~ ~E~CJRI~ND~M Date: May 5, 2008 To: City Council From: Tracy Hightshoe, Associate Planner Re: CDBG Economic Development Funding Recommendation Alfie's Beauty Supply Alfie's Beauty Supply opened in March 2007 at 400 Kirkwood Avenue. The business specializes in African-American beauty supplies and sells wigs, hair pieces, hair products and some clothing. The owner requests funds for working capital, specifically inventory. The business qualifies as amicro-enterprise under the CDBG program and the owner qualifies as low-to-moderate income. Amicro-enterprise is a commercial enterprise that has five or fewer employees, one or more of whom owns the enterprise. CDBG funds will be used to purchase a product line from a specific supplier. The owner reports a large demand for these products; however the initial order must be $5,000 with subsequent purchases in lesser quantities allowed. The Council Economic Development Committee recommended a $5,000 loan at 0% interest for a maximum term of 5 years. References from the Iowa City Housing Authority, the Employment Specialist at Goodwill, and the landlord of the business have all been excellent. The Employment Specialist stated that the owner strongly believes in the store, its products and completed a lot of the business remodeling herself. The loan will be partially secured by a financing statement on all business assets. As a condition of the award, business assistance will be required based on an evaluation by the Small Business Development Center. M~ - ~ W.- Prepared by Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 08-142 RESOLUTION APPROVING FUNDING FOR TEXTURES, A SOLE PROPRIETORSHIP, FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's 2006-2010 Consolidated Plan (CITY STEPS), as amended, as well as the FY06 and FY07 Annual Action Plans, a subpart of CITY STEPS, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Iowa City City Council Economic Development Committee held a public meeting to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by Textures be allocated $35,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of a partially secured, seven-year (7 year) amortized loan with an interest rate of 1 %, with afive- year deferment on $13,130 to enable the owner to obtain a SBA guaranty; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project to create employment opportunities for low-moderate income persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 2. The City Manager is authorized to execute, .terminate or amend an agreement(s) with Textures, a sole proprietorship, for activities in connection with this allocation of public funds. Passed and approved this 13th day of May , 20 OS ATTEST: ~ ~ • ~~ CITY LERK A Approved by City Attorney's Office Ppdcdbg/res/cdbgfund-textures. doc Resolution No. 08-142 Page 2 It was moved by Wright and seconded by Correia adopted, and upon roll call there were: AYES: x ~- x X ~- x NAYS: ABSENT: the Resolution be Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossa ry/resolution-ic. doc r ~_:.~.®a~r CITY OF IOWA CITY 13 ~III~~~~ ~~~~~ ~E~~RANDUIV[ Date: May 5, 2008 To: City Council From: Tracy Hightshoe, Associate Planner Re: CDBG Economic Development Funding Recommendation Textures Salon Cheryl McMillan, owner of Textures, is requesting funds to relocate to Iowa City to expand her business. A larger facility will allow her to expand her product line and provide space to rent studios to other independent stylists. Textures Salon was founded in 2002. The business specializes in multi-cultural designs and services to women, men and children. Services include the following: color, relaxers, perms, waxing, weaves, extensions, braiding and haircuts. Upon expansion, the business will offer wigs, hairpieces and accessories for persons who have sustained hair loss due to alopecia and chemotherapy. The expansion will also allow the owner to rent studios for other entrepreneurs to operate their own business. The owner requests funds for working capital. The business qualifies as amicro-enterprise under the CDBG program. The owner qualifies as low-to-moderate income. Amicro-enterprise is a commercial enterprise that has five or fewer employees, one or more of whom owns the enterprise. At least 51% of the employees must qualify as low-to-moderate income. If the business generates sufficient cash flow, the owner plans to hire apart-time sales clerk. CDBG funds will be used for working capital. The Council Economic Development Committee recommended a $35,000 loan at 1% interest for a maximum term of 7 years. The applicant secured a private loan with Hills Bank and Trust for $103,000 subject to a SBA guaranty and CDBG financing. $13,130 of the $35,000 loan will be deferred for five years to enable the owner to obtain a SBA guaranty. Hills Bank and Trusf will place liens on equity available from the owner's private residence and business. Due to high owner commitment and investment in the business, the owner's successful history of managing the business, and a history of paying loan obligations, the committee recommended funding this business even though the loan will not be fully secured. The loan will be partially secured by a financing statement on all business assets. As a condition of the award, business assistance will be required based on an evaluation by the Small Business Development Center. ~~,,-~- ~.t OS-1 - 8 ~` 14 Prepared by: Kumi Moms, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 08-143 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SENIOR CENTER BOILER AND CHILLER REPLACEMENT PROJECT. WHEREAS, RMB Co., Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $759,900.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby.awarded to RMB Co., Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The Senior Center Director is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 13th day of May , 20 ns R Approve,~~d/, by "~ ,~~~GG2~~>~c~L. ATTEST: .J ~~:' CI LERK City Attorney's Office ~~ ~ U8" It was moved by O'Donnell and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x x x x ~- x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright W:\wpdata\PW ENG\SeniorCtrBoiler-Chiller-awrdcon.doc ~~ Prepared by: Marcia Klingaman, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5000 RESOLUTION NO. 08-144 RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. WHEREAS, the City Council allocated $15,000 for Fiscal Year 2009 for the purpose of funding grants to neighborhood associations so that they could make improvements in their neighborhood, and WHEREAS, the Neighborhood Council, a body representing leaders of the neighborhood associations have been responsible for: -developing the criteria and format for the grant application, -establishing a method of evaluating the applications, -reviewing and evaluating the applications, -submitting this request to the City Council for their review, and WHEREAS, the Neighborhood Council will be reviewing the progress of the grant activities throughout the year to ensure appropriate expenditure, and WHEREAS, the Neighborhood Services Coordinator will be responsible for ensuring the adequate completion of the projects and authorizing distribution of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council has reviewed the applications and recommendation of the Neighborhood Council for the distribution of funds as outlined in Exhibit A and finds the funding of projects shown to be appropriate, so that the commencement of these projects can begin July 1, 2008. 2. The Neighborhood Services Coordinator is authorized to administer the funds by confirming completion of the improvements and approving disbursement of funds. Passed and approved this 13th day of May, 2008 ATTEST: It was moved by ~; gh t and seconded by and upon roll call there were: the Resolution be adopted, AYES: NAYS: ABSENT: ~_ Bailey ~_ Champion _~ Correia _~ Hayek v O'Donnell _~~ Wilburn ~_ Wright f 1~ N eighbodres/pinres09. doc Attachment A Program for Improving Neighborhoods (PIN) Grant Fiscal Year 2009 Requests MorningsidelGlendale Neighborhood Association $5000.00 Sidewalk Repair Northside Neighborhood Association $800.00 Alley Beautification/Alley Walk Project Longfellow Neighborhood Association $950.00 Summer Social Events Grant Wood Neighborhood Association $750.00 Workshops at Grant Wood Gym Grant Wood Neighborhood Association $500.00 Harvest Party Wetherby Neighborhood Association $5000.00 Wetherby Splash Pad Wetherby Neighborhood Association $2000.00 Wetherby Park Benches TOTAL $15,000.00 Neighbor/res/pinres09.doc ~ r ~r®~~~~ Date: May 8, 2008 To: Iowa City City Council CITY OF IOWA CITY 15 MEMORANDUM From: Neighborhood Council of Iowa City Re: FY2009 Program for Improving Neighborhood (PIN) Grant Recommendations The Neighborhood Council of Iowa City (NCIC) has recently reviewed the FY2009 grant applications presented by various neighborhood associations for funding through the Program for Improving Neighborhoods (PIN) Grant program. This is the fourteenth year the City has made funding available to neighborhood associations to make improvements in their neighborhoods. This year $15,000 was appropriated for funding the Program for Improving Neighborhoods. The Neighborhood Council developed the program guidelines, the ranking criteria, and process for evaluating the applications when the program began in 1995. They revisited these program details in 2002 and clarified the use of PIN funds on private property, for school district playgrounds and for programs that are extensions of existing City services such a spring brush cleanup and couch disposal. They reviewed the ranking criteria again this year and made some minor changes. This year, seven grant applications from eight neighborhood associations totaling $16,105.50 were reviewed. The Neighborhood Council reviewed the applications, clarified details and negotiated funding levels. The following is a list of all grant requests, the amount initially requested and the amount being recommended for funding. A resolution approving this recommendation and authorizing expenditure of these funds will be considered at your May 13, 2008 meeting. Attached are the applications that have been recommended for funding. The neighborhood association's representatives will provide a brief presentation of the recommended 2009 Program for Improving Neighborhoods (PIN) Grants at your May 1 City Council meeting. We look forward to discussing the 2009 PIN Grant applications with you then. FISCAL YEAR 2009 REQUESTED RECOMMENDED Morningside/Glendale Neighborhood Association $5000.00 $5000.00 Sidewalk Repair Northside Neighborhood Association $1200.00 $800.00 Alley Beautification/Alley Walk Project Longfellow Neighborhood Association $1084.50 $950.00 Summer Social Events Grant Wood Neighborhood Association $750.00 $750.00 Workshops at Grant Wood Gym Grant Wood Neighborhood Association $500.00 $500.00 Harvest Party Wetherby Neighborhood Association $5000.00 $5000.00 Wetherby Splash Pad Wetherby Neighborhood Association Wetherby Park Benches TOTAL $2875.00 $16,105.50 $2000.00 $15,000.00 r PROGRAM FOR ~, ~`~ IMPROVING NEIGHBORHOODS -•ti.as__ PIN Grant Program Application CITY OF IOWA CITY Name of Project: Name of Neighborhood Association: Sidewalk Re air Mornin side-Glendale Nei hborhood Association Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: Morningside-Glendale Neighborhood Sidewalks sons: Jennifer Kardos Location is: Public property rt ^ i t P 1503 Glendale Road y e prope r va School District property ^ Iowa City, IA 52245 (319) 341-8144 Mindy Smith 12 Hawthorne Dr. Iowa City, IA 52245 Amount of Funds Requested: Time Period of Proposed Project: $ 5,000 From:July 2008 To:June 2009 A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. We held one general meeting focused mainly on Glendale Park Planning (May 2007) with the park superintendent present. In addition, we have held 3 subcommittee meetings on the park planning -two in the park (June, August) and one at a subcommittee member's house with Neighborhood Services & Parks Division (October). There has also been numerous email communications between sub- committee members and city officials related to facilitating the park improvements and coordinating mailings. We held our first neighborhood Family Fun Night Event at Glendale Park on June 28, 2007. We also helped to organize about a dozen folks from the neighborhood show up at the Garlic Mustard pull at Glendale Park during the city-wide event in April. We had a number of folks from the neighborhood participate in the Central District Planning Process (series of workshops), as well as the Recreation and Trail Master Plan Focus Group meetings. One representative has attended some of the Neighborhood Council meetings and we currently have a solicitation out for more representatives to increase our participation in this important volunteer group. We have sent out two mailings -one newsletter format and one postcard format in the past twelve months. Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals. All the sidewalks in our neighborhood are schedule to be inspected this year by the city sidewalk repair program and marked for replacement due to damage/wear. The sidewalk squares marked by the city must be replaced by the residents at their expense within a year. Our nei hborhood is an established and a in nei hborhood. We want to be able to assist residents Page 2 PROGRAM FOR IMPROVING NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: We learned the city had choosen our neighborhood this year on February 13, 2008. We had a general meeting scheduled to discuss the project schedule February 26, 2008, but had to reschedule due to inclement weather. The new general meeting is scheduled for the end of March to discuss the grant. An email has been sent out to a subset of neighbors (those we have email addresses for) announcing the Grant application. Only supportive feedback has been received. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Low income as defined by the City's Guidelines (see attached) will receive first priority. We would like to pay 75% of the cost of sidewalk replacement for these folks, with households needing two or more sidewalk squares replaced/repaired receiving highest priority. Second consideration will be given to residents with moderate incomes who need sidewalk repair but do not meet the 80% of median income guideline. Those residents with incomes under the median income, and those residents who need five or more sidewalk squares replaced/repaired, will be given first consideration in this group (after all low income requests have been addressed). These residents wilt be funded at 50% of the sidewalk repair costs. Morningside-Glendale neighborhood includes 2 census tracts: tract 12 & part of tract 16 (Block Group 1). The low income percentage is an average of 30.4% in tract 12 and 81.6% in track 16. The estimated cost from the city to replace a sidewalk square is $100-$125 per square. An average residence probably has about 20 squares, but a corner property with sidewalks on both sides can have over twice that many. In 2007, the city marked 2486 sidewalk squares for replacement in the the Iowa City Neighborhoods they inspected. They inspect approximately 1/10th of the city neighborhoods each year. Add additional pages if necessary. G. Could the project occur without PIN funding? Group rates could still be possible, but there would be no assistance for those of limited income. Add additional pages if necessary. H. Could the project operate with less funding? Yes, but fewer residents could be helped and/or would receive a lower percentage of help. Add additional a es if necessa EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $ $ $ J. Project Materials $ $ $ K. Professional Services $ $ $ L. Contracted Improvements $ $ $ M. Other Costs(List) $ $ $ Sidewalk squares $3500 $ $ Residents' contributions replaced/repaired at 75% cost for low income. $1500 Sidewalk squares replaced/repaired at 50% cost for moderate incomes (first priority for incomes under the median and households with more than 5 sidewalk panels to be replaced/repaired). TOTALS $5000 $ $ ADD ADDITIONAL PAGES TO PROV1Dt ut i A1i_5 ur tsuu~t i P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding O r ~"' r r~1 a 0 V lil O O VN N Y. 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C Y O *+ C ~U C •` m +~ U ~ N ~ a~ *~ o ~ °; ~ ~ ~~ •~ a ~ ~ ~ ~ m ~ ~ c ~ ~' ~ o o~o~ _ c ~„ Q _T y U ~ °~ O U x T ~ N +_ ++ '` .V O O C ~ U O +' N O ~ U Q N aJ ~ `o ~ c_ .~ ~ N N 7 O ~ O = a o -o c ~ CU m ~ c ~ ~ c 0 o~~ ~ a o ~ ~~ v ~ .. ~ X c -o w ~ y O ~ a ~ co W ~ N y C U ~ N ~~~ 3 ~? a~ O N t ~ U N ~ ? ~ y '-' w U .] ~ f0 ~ 2 O .-~ ~' Q ~ ~ ~ O o •~ U +, ~ .C C Q N = y ~ U °' ,~ ~ UE~, .~ ~~ ~~~ ~~ o~= }, U N ~ N L O U ~ X ~ .- N U i a n n with the cost of replacing sidewalk squares in cases where it will cause expectional hardship. Add additional pages if necessary. C. General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). The city will inspect the sidewalks this summer. Prior to this inspection, a neighborhood wide mailing will be sent out explaining the city's process and the neighborhood association process for requesting assistance. A reminder postcard will be sent out after the city has completed all the inspections. Also, once we know the number of sidewalk squares impacted, a neighborhood representative(s) will contact contractors to see if we can negotiate a reduced group rate. A deadline for applying for assistance will be stated in both mailings. Add additional pages if necessary. D. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1.Planning and Implementing Project ® ^ ^ Working with contractors and city, mailings, facilating resident application requests, etc. 2.Reduced rate fromcontractor ® ^ ® ^ Based on previous neighborhood efforts, we anticipate being able to lower this cost by 10-20% by pursuing one contractor to service the sidewalks. 3. ^ ^ ^ O 4. ^ ^ ^ ^ 5. ^ ^ ^ ^ ~~~®r~ ~ ~~~~~~ -~a_a.__ CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Name of Neighborhood Association: Alle Beautification/Alle Walk Project Northside Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: sons: Northside neighborhood alleys Judith Pascoe Location is: Public property ^ t P i t 317 Fairchild St. e proper y r va School District property ^ Iowa City, IA 52245 354-8768 Judith-pascoe@uiowa.edu Amount of Funds Requested: Time Period of Proposed Project: $ 1,200 From:May 2008 To:Auaust 2008 A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. The Northside Neighborhood Association holds monthly meetings to discuss neighborhood issues and activities. The Neighborhood also came together to express concern about the Church/Dubuque intersection, and about the proliferation of permanent signs on houses in the neighborhood. The NNA sends out a newsletters from 4 to 6 times a year. One or two members of the NNA regularly attend Neighborhood Council meetings. Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals. We hope to celebrate one of the Northside's unique historic features by encouraing neighbors to plant native perennial plants along the neighborhood's alleys. We will be distributing seeds at the beginning of the growing season, and then organizing an alley walk and garage sale day in late summer, with recognition of the most beautiful alley blocks. We plan to give part of the profits from the latter event to the Wetherby Neighborhood's splash pad fund. The project has two goals: neighborhood beautification and community building (both within our neighborhood and between neighborhoods). Add additional pages if necessary. C. General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). We plan to advertise both the seed distribution and the alley walk events in the neighborhood newsletter and in the newspaper. We will distribute seeds in early summer and hold the alley walk in late July or early August. The project will be completed by the end of the summer, but will benefit the neighborhood for many years since the plants will come back year after year. We will be encouraging participants to collect seeds from their plantings at the end of the summer and give them to their neighbors. Add additional pages if necessary. D. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1.Advertisement of planting project ® ^ ^ 2.Distribution of seeds ® ^ ^ 3.Advertisement of alley walk event ® ~ ® ~ 4.Organization of alley walk; drawing up of map ® ^ ® ^ 5. ^ ^ ^ ^ Page 2 PROGRAM FOR IMPROVING NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: Project was discussed at February meeting of Northside Neighborhood Assoc., and subsequently broadcast in March newsletter that went out to entire neighborhood. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes--If elderly want to be involved, volunteers will plant the seeds for them, if desired. Add additional pages if necessary. G. Could the project occur without PIN funding? No. Add additional pages if necessary. H. Could the project operate with less funding? No--in order to distribute enough seeds to have an impact, we need to have the amount requested. Add additional a es if necessa EXPENSE CATEGORY PIN FUNDS. OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $1,000 (seeds) $ $ J. Project Materials $ $ $ K. Professional Services $ $ $ L. Contracted Improvements $ $ $ M. Other Costs(List) $200 $ $ Refreshments for alley walk: $ $ $ lemonade and cookies placed at several points on the walk. Xeroxing of signs to advertise the alley walk event. Xeroxing of maps for walk. TOTALS $1200 $ $ • ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding ~ 1 r PROGRAM FOR ~~ ~~~ `";,,,,,®,~-~ IMPROVING NEIGHBORHOODS -•~...__ PIN Grant Program Application CITY OF IOWA CITY Name of Project: Name of Neighborhood Association: Summer social events Lon fellow Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: Clark and Bowery streets; Longfellow schoolyard sons: Jennifer Hemmingsen; 822 Roosevelt St., Iowa Location is: Public property t ^ P i t City; 621-1581 e proper y r va School District property Amount of Funds Requested: Time Period of Proposed Project: $ 1084.50 From:June To:September A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. We held our annual garden tour and block party as well as having a fall hazardous waste collection. We have a regular newsletter and meet as needed. We financially and philosophically supported the downzoning of a seciton of Governor and Bowery streets. Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals. We are asking for funding for our annual block party (which regularly attracts 200 or so neighbors) and for two summer movie nights. The goal is to foster neighborliness, meet new people and identify issues of common concern (try getting 200 people to a meeting!). For the block party, the neighborhood buys meat, buns, condiments, drinks and paper products. Everyone who attends is asked to bring a dish to pass. We've traditionally self-funded the block party, but are trying to conserve funds this year for one of several improvement projects we're exploring for next year. We feel the movie nights will help in the same way and hope they will develop into a neighborhood tradition. Add additional pages if necessary. C. General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). This will consist of three events -- two movie nights and apicnic -- to be held sometime between June and September. We'll start organizing them in April. The events would not be able to be phased in over time. Add additional pages if necessary. D. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1.Picnic volunteers ® ~ 2.Movie nigtht volunteers ® ~ 3.Store donations for picnic drink items ® ~ ® ~ 4.Picnic potluck items ® ~ Page 2 PROGRAM FOR IMPROVING NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: We solicited ideas for PIN grants in the newsletter and on our a-mail list, and discussed them at our January meeting. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes -- everyone is encouraged to come. It's especially nice for neighborhood kids to get together and get to know one another. Add additional pages if necessary. G. Could the project occur without PIN funding? Yes. We've funded the picnic in the past but this year hope to hang on to our pennies for other projects. Add additional pages if necessary. H. Could the project operate with less funding? Not at this scale. We have hosted the picnic for a number of years and have pared the expenses down to a minimum. We're asking, only a small amount for the movie nights. Add additional a es if necessa EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $1084.50 $ $ J. Project Materials $ $ $ K. Professional Services $ $ $ L. Contracted Improvements $ $ $ M. Other Costs(List) $ $ $ $ ~ $ TOTALS $1084 $ $ • ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding LNA 2008 PIN grant application Supplementary budget NEIGHBORHOOD BLOCK PARTY Port-a-potty (Us First -- $14 set up, $97 rental) $111 Table rental (4x$7) $28 Grill rental (24"x30") $55 Meat, buns, condiments, plates, cups, napkins, garbage bags and beverages $200 Musicians $250 Subtotal $644 NEIGHBORHOOD MOVIE NIGHTS Licensing $200 Popcorn (50 for $3.25) $6.50 Popcorn ($1.25 apacket -makes 9 bags) $13.75 x 2 nights -subtotal $440.50 TOTAL AMOUNT REQESTED: $1084.50 _ i 1 ~ PROGRAM FOR ~. ~..:. ~ a7~ ~ .. "II ,~'_' '~ IMPROVING NEIGHBORHOODS -^t.•i...- PIN Grant Program Application CITY OF IOWA CITY Name of Project: Name of Neighborhood Association: Worksho sat Grant Wood G m . Grant Wood Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: Grant Wood Gym sons: Chris Harms, 2503 Aster Avenue, IC 52240 Phone Location is: Public property x Home 337-3863 Cell 325-5850 Private property School District property x Amount of Funds Requested: Time Period of Proposed Project: $ 750.00 From:September 2008 To:May 2009 A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. Monthly meetings when weather permitted - emailed when bad weather, newsletters, movie nights which we sent flyers with all Grant Wood student's in back packs promoting them and also talked with GW PTO so that the Marquee would have the movie information added., Grant Wood School Ice Cream Social where we handed out surveys and let everyone know about the GW Neighborhood Assoc., Sidewalk repairs at reduced cost, Harvest Party, Worked with Reclaiming Roots & Housing Authority to clean up Grant Wood neighborhoods, Car Wash with Wetherby Association for splash pad fundraising & also sent out 150 letters to companies to fundraise for splash pad to be built at Wetherby Park, several meetings with Mike Moran to brain storm about activities in Grant Wood gym. Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals. This project is to utilize the Grant Wood gymnasium which is owned by the City. We had our neighbors fill out surveys (at Grant Wood School Ice Cream Social) on what activities they would like to see us bring to the neighborhood. With their response we feel there is a very big need to bring more activities and educational courses to the neighborhood. We would have speakers/educators come in to the school for different activities that our neighbors have specified that there is a need for. Add additional pages if necessary. C. General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). Tentative list of activities -Home Safety & Self defense which would include fire safety, Spring lawn care and landscaping, Pet First Aide, Sports Safety which would include offering helmets & bike registration, Home Alone- Kids after school, Home maintenance, Babysitter training, Safety Village, just to name a few. We would like to have a speaker once per month (Sept, Oct, November, February, March, April, May and could include other months if possible) which we would pay them an honorarium Add additional pages if necessary. D. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1. Police Dept x^ ~ ~ ~ 2. Fire Dept x~ ~ ~ ~ 3.Master Gardener or private landscaping company, x^ ~ ~ ~ 4.Mercy Hospital X^ ^ ^ ^ S.Johnson County Ambulance Service x^ ^ ^ ^ Page 2 PROGRAM FOR IMPROVING NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: We used the survey from (GW Ice Cream Social) to come up with the idea and have been talking with Mike Moran with the IC Rec dept to try to come up with some ideas to get activities in the gym Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, this project would benefit all of the above, We would offer each of the classes for free to the individuals which would benefit each group. We would send this information out in our newsletters, school marquee and back packs if possible. Our neighborhood is in Census Tract 18 which has an average of 56.4% low to moderate income families. The number of children who receive free and reduced lunch at Grant Wood School was 45% in 2004 and is on the rise. Add additional pages if necessary. G. Could the project occur without PIN funding? No, This project would not be able to occur because we want to give each speaker an Honorarium for the use of their time and expertise. Add additional pages if necessary. H. Could the project operate with less funding? No, not if we give each speaker an honorarium. We feel that even the police dept could use that money for their Shop with a Cop program or other community services and fire dept as well. We would need marketing flyers and misc expenses that could even include workbooks, other materials that the presenter may ask us to provide, etc. Add additional pages if necessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $ $ $ J. Project Materials (marketing $150.00 $ $ flyers) K. Professional Services $ $ $ L. Contracted Improvements $ $ $ M. Other Costs(List)Misc which $75.00 $ $ could be workbooks, flower seeds, helmets, etc Honorarium for 7 525.00 $ $ speakers@ $75 each TOTALS $750.00 $ $ • ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding ~ r ,- - ~ CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Name of Neighborhood Association: Harvest Party Grant Wood Neighborhood Association Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: sons: Christine Harms, 2503 Aster Avenue Location is: Public property X_ Iowa City, Iowa 52240 337-3863 Home 325-5850 Cell Private property School District roe X Amount of Funds Requested: Time Period of Proposed Project: $ 500.00 From: October 25, 2008 To: A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months.: Monthly meetings when weather permitted - emailed when bad weather, newsletters, movie nights which we sent flyers with all Grant Wood students' back packs promoting them and also talked with GW PTO so that the Marquee would have the movie information added., Grant Wood School Ice Cream Social where we handed out surveys and let everyone know about the GW Neighborhood Sidewalk repairs at reduced cost, Harvest Party, Worked with Reclaiming Roots & Housing Assoc. , Authority to clean up Grant Wood neighborhoods, Car Wash with Wetherby Association for splash pad fundraising & also sent out 150 letters to companies to fundraise for splash pad to be built at Wetherby Park, several meetings with Mike Moran to brain storm about activities in Grant Wood gym. Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals We have held the "Harvest Party" for the past 2 years. This party is to bring the Grant Wood neighborhood together so that families can get to know each other and have better communication. The children who go to school at GW can have their parents meet each other. We feel that the more people we get in our neighborhood to communicate with each other, the incidents of criminal activity will go down. When we have neighbors looking out for each other there is a better feeling of "community". This event has proven to be very successful in the past. We have had approximately 500 people in attendance each year. This party is also a way we try to encourage more involvement in the neighborhood association. Our neighborhood is in Census Tract 18 which has an average of 56.4% low to moderate income.. The number of children who receive free and reduced lunch at Grant Wood School is 45% in 2004. Add additional pages if necessary C. General List and Description of Activities with estimated time line:(please indicate if this project will or could be phased over a number of years) The Harvest party is scheduled for October 25, 2008. The approx time is 4pm -7pm. Set up will be on October 24 from 6pm-10pm Add additional a es if necessa D. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1.Businesses Donations x x x x 2.Grant Wood Neighbors & Friends x ~ ~ X 3.Police Dept x ~ x ~ 4.Fire Dept x ~ x ~ 5.Private Donations ~ x x ~ Page 2 PROGRAM FOR IMPROVING NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: The Grant Wood Neighborhood Association monthly meetings are used to decide what events we would like to have that will help our neighborhood grow. Since we have held this event for the past two years we have seen that families come together and have fun, which strengthens our neighborhood and these families. Parents of children, who play with other children in their neighborhood, can get to know each other in a comfortable environment. We have approximately 500 people come and enjoy this event in a safe environment. Because we don't charge for this event we feel that all families are able to come, no matter what their income level. We feel that the communication between these families help solidify our neighborhoods. Our neighborhood is in Census Tract 18 which has an average of 56.4% low to moderate income families. The number of children who receive free and reduced lunch at Grant Wood School was 45% in 2004 and is on the rise. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, this event benefits all of the above. The elderly can come and bring their grandchildren or just come and have a free dinner and get to know their neighbors. Disadvantaged and low income families can come and forget about all of their problems for a few hours and just have fun, play games, jump in the inflatables, dress up if they want for the costume contest, get a few prizes, and have a good time with their friends at no cost. There are many families that come and there are no distractions such as TV, X-box, computer, etc. We want to promote family and neighborhood stability. Our neighborhood is in Census Tract 18 which has an average of 56.4% low to moderate income families. The number of children who receive free and reduced lunch at Grant Wood School was 45% in 2004 and is on the rise. Add additional pages if necessary. G. Could the project occur without PIN funding? This event would be very hard for us to put on without PIN grant money. Even with donations and price breaks on food, inflatables, etc it would be hard for us to get raise enough money to fund the event without PIN grant funding. Add additional pages if necessary H. Could the project operate with less funding? We feel that the $500 that we are asking is less than half of what we spent last year. We do not feel that with less funding we could make this event possible for everyone. We might have to charge for admission and that is what we are trying to stay away from. We want this to be an event that ALL in the neighborhood can attend. We have many low income families that we feel would not attend if there was a cost, even if it was at a small cost. Add additional pages if necessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. EquipmenUSupplies 200 $400 Business/private donations J. Project Materials K. Professional Services L. Contracted Improvements M. Other Costs(List)flyers Food 300 300 Business/private donations TOTALS $500 $700 $1200. • ADD ADD1TlUNAL F'A(~t5 I V F'KVViut ut ~ H1~~ yr o~uv~ i P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding ,_ , ~ PROGRAM FOR ~~~~ ~ „"'~ ,~"_~~ IMPROVING NEIGHBORHOODS --~-~- PIN Grant Program Application CITY ot= lown CITY Name of Project: Name of Neighborhood Association: Wetherby Splash Pad Wetherby Neighborhood Association Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: sons: Beth Koppes 354-1335 Wetherby Park Location is: Public property ^ t ^ t P i y e proper r va School District property ^ Amount of Funds Requested: Time Period of Proposed Project: $ 5000 From:6/2008 To:7/2009 A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. Wetherby Neighborhood has been involved in raising money for the splash pad, car wash, letter solicitation, grant writing and now organizing a garage sale. A newsletter is going out describing the garage sale and asking people to donate items to it. We have had significant number of hours put into the splash pad in the last year by Grant Wood and Wetherby Neighborhoods. Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals. The Wetherby Friends and Neighbors and the Grant Wood Neighborhood Associations have joined forces with the Iowa City Parks and Recreation Foundation to raise funds for the first splash pad in Iowa City. The splash pad will become a much needed neighborhood attraction for children in adjoining Wetherby and Grant Wood neighborhoods. This splash pad will offer an outdoor recreation activity that will keep the neighborhood children active during the summer months, which will help combat childhood obesity, and provide them with a focused activity to keep the children busy and away from mischief. The splash pad will provide a safe place for children to play and socialize. The splash pad will also generate adult visitors and activity in the park which create a sense of belonging, ownership, and pride in neighborhood residents. The splash pad will be provided as a free service as there are many low-income residents in the neighborhood adjoining the park that will house the splash pad Add additional pages if necessary. C. General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). October 2007- June 2008- contact local business to ask for support; contact other non-profit organizations for other potential grants January 2008 -City of Iowa City approved $100,000 for the splash pad April 2008 -Garage sale held at Grant Wood to benefit the splash pad. Summer 2008 -Multiple car washes and other neighborhood fund raisers July 2008 -reach goal of $100,000. July 2009 -reach total goal of $190,000 Jul 2009 -Installation of splash pad - ma be completed sooner if mone is available Current Committed Funds: City Of Iowa City (CIP) $100,000 CDBG (2007) $30,000 Parks & Recreation $35,000 PIN Grant (2007) $3,200 Car Wash (2007) $500 Fraternal Order of the Eagles $600 Robert Opplinger $500 Steven Anderson $50 Saddlebrook $500 Hills Bank $500 Hodge Construction $1,000 Total: $171,850 Add additional pages if necessary. D. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Com mitted 1.Wetherby Neighborhood Association ® ~ ~ 2.City Of Iowa City ® ® ~ 3.Grant Wood Neighborhood Association ® ^ ^ 4.Other Donors -see list in Section C ~ ® ^ 5. ^ ^ ^ ^ Page 2 PROGRAM FOR IMPROVING NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: We are holding a garage sale in April at least one car wash in June. We have had a few people step up and help with grant writing. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, the percentage of population that is low to moderate income for Census Tract 18 averages 56.4%. The number of children who receive free and reduced lunch at Grant Wood was 45% in 2004. Add additional pages if necessary. G . Could the project occur without PIN funding? Yes, but it may have to be scaled down. Add additional pages if necessary. H. Could the project operate with less funding? Yes, but the smaller the project, there will be less children able to use it at one time. Add additions! pages if necessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $5000 $95000 $ J. Project Materials $ $ $ K. Professional Services $ $50000 $ L. Contracted Improvements $ $40000 $ M. Other Costs(List) $ $ $ $ $ $ TOTALS $5000 $185000 $ 190000 • ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding ~~~.®~r ~..~_.:_ CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Name of Neighborhood Association: Wetherb Park Benches Wetherb Nei hborhood Association Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: Wetherby Park , sons: Location is: Public property Beth Koppes Private property ^ 1528 California Avenue School District property ^ Iowa City, IA 354-1335 Amount of Funds Requested: Time Period of Proposed Project: $ 2875 From: June 2008 To: Ju1~2009 A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. We have attended a significant number of the Neighborhood Council meetings. Wetherby Neighborhood has been involved in raising money for the splash pad, car wash, letter solicitation, grant writing and now organizing a garage sale. A newsletter is going out describing the garage sale and asking people to donate items to it. We have had significant number of hours put into the splash pad in the last year by Grant Wood and Wetherby Neighborhoods Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals. The neighborhood is working on having a splash pad put into the Wetherby Park, benches would be a great amenity for the parents and other onlookers. C. General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). The splash pad is scheduled to be complete by the summer of 2009, we would like the benches to be in place at the same time. D. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1.Wetherby Neighborhood ® ^ ^ 2.Grant Wood Neighborhood ® ^ ^ 3.City Of Iowa City Parks and Recreation ~ ~ ® ~ 4. ^ ^ ^ ^ 5. ^ ^ ^ ^ U:\PIN grant\FY2009\wetherbybenchespinapp2008.doc Page 2 PROGRAM FOR IMPROVING NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: The neighborhoods are excited about the splash pad, the benches have been requested. The benches will be an asset to the splash pad. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, the percentage of population that is low to moderate income for Census Tract 18 averages 56.4%. The number of children who receive free and reduced lunch at Grant Wood was 45% in 2004 Add additional pages if necessary. G. Could the project occur without PIN funding? No, there will be no benches for the splash pad. Add additional pages if necessary. H. Could the project operate with less funding? Yes, we could put less benches in. Add additional a es if necessa EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $2875 $ $ J. Project Materials $ $ $ K. Professional Services $ $ $ L. Contracted Improvements $ $ $ M. Other Costs(List) $ $ $ $ $ $ TOTALS $2875 ~ ~ • ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding U:\PIN grant\FY2009\wetherbybenchespinapp2008.doc 05-13-08 M -~, 16 Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 08-145 RESOLUTION ACCEPTING THE SCULPTURE TITLED "IMPERMANENCE IS INEVITABLE" AS A GIFT FROM BRIAN FRITZ, SCULPTOR, TO THE CITY OF IOWA CITY, IOWA. WHEREAS, Brian Fritz [hereinafter "Artist"] fabricated and installed a sculpture titled "Impermanence is Inevitable" near the pedestrian crossing bridge within the public right-of-way at the southwest corner of the intersection between Iowa Avenue and Highway 6 in Iowa City, Iowa; and WHEREAS, the Artist has maintained the sculpture since its installation, but has moved out of the state and is unable to continue maintenance of the art work; and WHEREAS, the Artist wishes to donate the art work to the City of Iowa City; and WHEREAS, the Public Art Advisory Committee recommended at their January 24, 2008, meeting that the City accept the gift from Mr. Fritz. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That the City accept the gift from Brian Fritz subject to the terms of an agreement between the City and the Artist, which is attached hereto and hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said agreement. Passed and approved this 13th day of ATTEST: ~ ` CITY LERK APPROVED BY:,i,~~l~t~~~ City Attorney's Office ,s~Z/og- Resolution No. 08-145 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x Correia the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc CITY OF IOWA CITY PUBLIC ART PROGRAM ACCEPTING DONATION OF SCULPTURE TITLED "IMPERMANENCE IS INEVITABLE" INSTALLED NEAR PEDESTRIAN BRIDGE AT INTERSECTION OF IOWA AVENUE AND HIGHWAY 6, AGREEMENT BY AND BETWEEN OWN(nE~R AND ARTIST THIS AGREEMENT is made on this o~~ day of ~~t' I`~ 2008, between the City of Iowa City, hereinafter referred to as the OWNER, and rian Fritz, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted, as a gift to OWNER, the sculpture presently installed at the southeast corner of the intersection of Iowa Avenue and Highway 6 in Iowa City, Iowa, hereinafter referred to as ART WORK. A photograph of said sculpture is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General Within 30 days after OWNER's acceptance of the ART WORK, the ARTIST shall furnish the OWNER'S REPRESENTATIVE the following: a. Digital photographs documenting the process and development of the ART WORK from beginning fabrication through completion, if any such photographs exist; b. Written instructions for appropriate maintenance and preservation of the ART WORK; c. Written records of any and all agreements and correspondence between ARTIST and the Iowa Department of Transportation regarding the installation and maintenance of the ART WORK; d. Written records of any and all maintenance and preservation actions performed by ARTIST, his designee or agent for the care and preservation of the ART WORK from the time the work was installed through the time of OWNER's acceptance of the work. 1.2 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until delivery of the ART WORK, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until delivery. The ARTIST shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God once the OWNER accepts ownership of the ART WORK. 1.3 Liability, Indemnification and Insurance 2 a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss, cost, damage and expense resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST himself or by any subcontractor or by anyone directly or indirectly employed by the ARTIST. b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. 1.4 Title Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The ARTIST is hereby donating the ART WORK to the OWNER at no cost to the OWNER. ARTIST will not be compensated for any fees, services, expenses, or materials used in the fabrication or installation of the ART WORK, nor will ARTIST be compensated for any travel and lodging required for the ARTIST to fulfill his obligations under this contract, should any travel become necessary. 2.2 ARTIST'S Expenses The ARTIST shall be responsible for the payment of all expenses necessary for the proper performance of the services required under this agreement, including but not limited to mailing or shipping charges on submissions to the OWNER'S REPRESENTATIVE and the costs of all travel and lodging by the ARTIST and the ARTIST'S agents and employees. Article 3. Warranties 3.1 Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever. 3.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK 3 was performed in a workmanlike manner; (b) the ART WORK, as fabricated, is free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 3.2 shall survive for a period of five years after the final acceptance of the ART WORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty in a manner that is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK). Article 4. Reproduction Rights 4.1 General To the extent not limited by this Section 4.1, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension is unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns aroyalty-free, irrevocable license to make up to three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes including, but not limited to, reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 4.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: ~ [ARTIST'S NAME], date of publication. 4.3 Credit to Owner The ARTIST shall use best efforts to give a credit reading substantially, "an original art work owned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the ART WORK. 4.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the ART WORK in the ARTIST'S name. Article 5. ARTIST'S Rights 5.1 Identification Should the ART WORK be relocated from its present location, the OWNER shall, at its 4 expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 5.2 Maintenance The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.1. 5.3 Alteration of the Work or of the Site a. Except as provided under subsection 5.3(b) below, the OWNER agrees that it will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the ARTIST. b. The OWNER reserves the right to alter the location of the ART WORK, relocate the ART WORK to another site and remove the ART WORK from public display. The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it is the parties' understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the ART WORK. The ARTIST acknowledges that this provision shall qualify under 17 U.S. C. Section 113 (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the ART WORK may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). The ARTIST agrees to file records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the ART WORK. 5.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 6. Assignments, Transfer, Subcontracting Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to terminate this Agreement. Article 7. Termination If either party shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the 5 defaulting party of its intent to terminate, specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement, shall at the OWNER'S option, become its property, provided that no right to fabricate or execute the ART WORK shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 herein for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished and unfinished related art works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the OWNER from the ARTIST is determined. Article 8. Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. Article 9. General Terms 9.1. The ARTIST shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: a. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 9.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the performance of the Project subject to the terms of Section 6 of the Agreement. 9.3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request of the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and files. 9.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement as deemed necessary by OWNER. Any requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance. 9.5 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 9.6 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either directly or indirectly, in this agreement that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Article 10. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 11. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST Brian Fritz Attest: Approved by Karr, City Clerk ~~ ~~~ City Attorney's Office ,s/~./dam r ._ ~, ~, ` _ , x ~ ,. .~ ........ _ _.. o-M ... - ~ _. .. . a ,. ._. ,.. YV 11~ Prepared by: Marcia Klingaman, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5000 RESOLUTION NO. 08-146 RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE IOWA'S SCULPTOR'S SHOWCASE. 05-13-08 17 WHEREAS, the CITY, for the purpose of fostering appreciation of the arts, bringing attention to its downtown and giving Iowa artists an opportunity to display their work in public, established the Iowa Sculptor's Showcase on July 10, 2001 by Resolution No. 01-205, and WHEREAS, the Iowa Sculptor's Showcase, a concrete pad located on the downtown pedestrian mall northeast of the Weatherdance Fountain allows the opportunity for Iowa sculptors to display their work for approximately a year, and WHEREAS, the Iowa City Public Art Advisory Committee reviewed and approved the proposed sculpture of an Iowa artist at their March 6, 2008 meeting, and WHEREAS, a contract has been negotiated with the artist for display of his work on the showcase for a period of June 1, 2008 and ending no later than May 31, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. -The Agreement between the City of Iowa City and artist Aaron Franck for the exhibition of his sculpture as described in the agreement on the Iowa Sculptor's Showcase for a period of June 1, 2008 and ending no later than May 31, 2009 be approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreements. Passed and approved this 13th day of May ATTEST: CI ERK -, ~.,~.~ . ~~l?lo~ City Attorney's Office It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: X X X ~_ _X_ _~ ABSENT: NAYS: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Neighbor/res/franck.doc CITY OF IOWA CITY PUBLIC ART PROGRAM SCULPTOR'S SHOWCASE 2006/2007 AGREEMENT BY AND BETWEEN CITY AND ARTIST THIS AGREEMENT is made on May 13. 2008 between the City of Iowa City, hereinafter referred to as the CITY, and Aaron Franck, hereinafter referred to as the ARTIST. The CITY'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the CITY, for the purposes of fostering appreciation of the arts, bringing attention to its downtown and giving Iowa artists an opportunity to display their work in public, established the Iowa Sculptor's Showcase, a location on the downtown pedestrian mall that will provide the venue to exhibit the work of Iowa artists, and WHEREAS, the CITY, on the recommendation of the COMMITTEE, has accepted the proposal by the ARTIST and hereinafter referred to as the ART WORK, for the sculpture to be placed on the downtown pedestrian mall on the Iowa Sculptor's Showcase. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services The CITY will exhibit the ART WORK described below on the Iowa Sculptor's Showcase, a concrete pad on the downtown pedestrian mall located approximately 50 feet northeast of the Weatherdance Fountain for an exhibition period beginning no later than June 1, 2008 and ending no later than May 31, 2009. The ARTIST has voluntarily submitted the ART WORK described below for display on the Iowa Sculptor's Showcase. Article 2. Description of art work Title: Tunnel Vision Material: Steel Dimensions; 31" x 20" x 7' Approximate Weight: 125 pounds Fair Market (insurance) value: $3000.00 z Article 3. Consideration The ARTIST shall receive a $500 honorarium from the CITY. Further consideration between the parties shall be the mutual benefit each will derive from the public exhibition of the ART WORK being loaned. Article 4. Duration of Loan The ART WORK described by this agreement will not be released from loan from the time it is delivered to the CITY until the time of removal from the exhibition or the termination of the exhibition plus a reasonable period of time for removal, except by prior written agreement between the parties. It is hereby agreed between the parties that the CITY is entitled to exclusive possession of the ART WORK until the ART WORK has been released from loan. Unless otherwise notified in writing by the ARTIST, the CITY will surrender the ART WORK only to the ARTIST. If the CITY is unable to return the ART WORK to the ARTIST within a reasonable period following the expiration of the exhibition, and no special arrangements have been made, then the CITY shall have the right to dispose of the ART WORK in any manner whatsoever. In the event that ownership changes during the period of the loan, the new owner is required to establish his legal right by proof satisfactory to the CITY. This agreement is binding upon and shall inure to the benefit of the parties, heirs, executors, administrators, representatives, successors and assigns. Article 5. Installation and Removal The ARTIST agrees to work with the CITY in planning for and installing the ART WORK prior to exhibition opening and wiH promptly remove the ART WORK after the conclusion of the exhibition. The City reserves the right to remove the ART WORK from the Iowa Sculptor's Showcase for any reason whatsoever. However, it is expressly understood and agreed that the acceptance and installation of the subject ART WORK is conditioned upon the feasibility of a safe and secure installation on the Iowa Sculptor's Showcase. If it is determined by the CITY, after arrival of the ART WORK or before then, that because of inherent qualities or attributes of the ART WORK it is not feasible or consistent with the budgeting resources to safely and securely install the ART WORK on the Iowa Sculptor's Showcase, the CITY shall be under no obligation to do so. In such case, the ART WORK shall be retrieved from the CITY by the ARTIST within 10 days of notification by the CITY, but the ARTIST shall nevertheless receive payment of $500. Article 6. Transportation and Delivery Transportation and delivery from the ARTIST to the CITY shall be the responsibility of the ARTIST. Delivery will be complete when the ARTIST delivers and assists the CITY with the installation of the ART WORK on the Iowa Sculpture's Showcase. Return to the ARTIST shall occur at the same location as delivery. 3 Article 7. Care and Safekeeping The ART WORK will receive the same degree of care and preservation given to comparable outdoor, weather-exposed objects owned by the CITY, but CITY will assume no responsibility for loss or damage due to theft, malicious mischief, acts of God or other causes, unless specifically covered by insurance, but then only to the limits of such insurance. ARTIST agrees to indemnify, save and hold harmless CITY from any and all losses, damages, suits, actions, claims or expenses of every kind arising out of loss or damage, unless specifically covered by insurance as set forth in Article 10 of this agreement. Article 8. Repair In the event that either the CITY or the ARTIST decides that the ART WORK requires repair in order to preserve public safety or to preserve the ART WORK, the ARTIST shall be given the first opportunity to make the necessary repairs under CITY supervision and within 30 days of notice by CITY of the need for repair. If the ARTIST has not effected satisfactory repairs within 30 days after notification that such repairs are required, then the CITY reserves the right to repair the ART WORK or to remove it to a safe location for storage. Except for the repairs specified herein, the CITY will not clean, retouch, or after the ART WORK without consent of the ARTIST. Article 9. City Discretion The CITY has the sole discretion to determine whether, and for how long the ART WORK shall be exhibited. Article 10. Insurance and Liability The CITY will insure the ART WORK against casualty loss at a value specified by the ARTIST, but the amount specified by the ARTIST must reflect fair market value, and insurance coverage shall in no instance exceed $10,000 per ART WORK. At the CITY'S option, the CITY may self- insure the ART WORK, but in no instance shall the CITY'S liability for casualty loss exceed $10,000 per ART WORK. The ARTIST shall be included with the CITY as an insured on any policy covering such loss. The ARTIST agrees that in the event of loss or damage, recovery shall be limited to such amount, if any, determined by the insurer, hereby releasing the CITY from any further liability for claims arising from the loss or damage, and save and hold harmless the CITY from any and all losses, damages, suits, actions, or expenses of any kind arising out of any casualty to said ART WORK. Article 11. Publicity The ART WORK may be photographed and otherwise graphically reproduced by the CITY for noncommercial purposes. It is understood between the parties that ART WORKS displayed in the exhibition may be photographed by the general public. 4 Article 12. Interpretation and Conflict of Laws The agreement cannot be modified expect by written instrument and it shall be interpreted according to the laws of the State of Iowa. ARTIST acknowledges that (s)he has full power to make this loan, that (she)he has read the conditions contained in this agreement, and that (s)he agrees to abide by the terms and conditions contained herein. IN WITNESS HEREOF: ARTIST Aaron Franck 1300 20~' Avenue SW Cedar Rapids, Iowa 52404 r ~/~ ~~ City Attorney's Office OW R is Bailey, Mayor ATTEST ~~ Mari K. Karr City Clerk ~~~ ~~ .- ~ i_ f f'',. ;~. a. r ~''~ a, s~ ~ i. ' . f~ Aaron Franck "Tunnel vision" steel 31"x 20"x 7' ~, ~ CITY OF IOWA CITY PUBLIC ART PROGRAM SCULPTOR'S SHOWCASE 2006/2007 AGREEMENT BY AND BETWEEN CITY AND ARTIST THIS AGREEMENT is made on hereinafter referred to as the CITY, and Aaron The CITY'S REPRESENTATIVE shall be the Community Development or his/her designee Advisory Committee. between the City of Iowa City, Franck, hereinafter referred to as the ARTIST. Director of the Department of Planning and The COMMITTEE shall be the Public Art WHEREAS, t e CITY, for the purposes of fostering appreciation of the arts, bringing attention to its downto nand giving Iowa artists an opportunity to display their work in public, established the Iowa S Iptor's Showcase, a location on the downtown pedestrian mall that will provide the venue to exhi it the work of Iowa artists, and WHEREAS, the CI , on the recommendation of the COMMITTEE, has accepted the proposal by the ARTIST and ereinafter referred to as the ART WORK, for the sculpture to be placed on the downtown ped trian mall on the Iowa sculptor's Showcase. A copy of said proposal as accepted is attache hereto as Exhibit "A"~iereinafter "Proposal"). NOW, THEREFORE, in c nsideration contained herein, the parties agree a follows: Article 1. Scope of Services the mutual promises and undertakings The CITY will exhibit the ART WORK a cribed below on the Iowa Sculptor's Showcase, a concrete pad on the downtown pedes ian all located approximately 50 feet northeast of the Weatherdance Fountain for an ex ition p iod beginning no later than June 1, 2008 and ending no later than May 31, 2009 The ARTIST has voluntarily su mitted the ART RK described below for display on the Iowa Sculptor's Showcase. Article 2. Description of ayC work Title: Tunnel V'sion Material: Ste Dimensions:,'~31" x 20" x 7' Approximate Weight: ? Fair Markkt (insurance) value: ? Article 3. Codssideration The ARTIST shall receive a $500 honorarium from the CITY. Furt er consideration between the parties shall be the mutual benefit each will derive from the public hibition of the ART WORK being/loaned. Artidle 4. Duration of Loan The ART WORK described by this agreement will not be released from I n from the time it is delivered to the CITY until the time of removal from the exhibition or th termination of the exhibition plus a reasonable period of time for removal, except by prior written agreement between the parties. It is hereby agreed between the parties that the CITY is entitled to 2 exclusive possession of the ART WORK until the ART WORK has been released from loan. Unless otherwise notified in writing by the ARTIST, the CITY will surrender the ART WORK only to the ARTIST. If the CITY is unable to return the ART WORK to the ARTIST within a reasonable period following the expiration of the exhibition, and no special arrangements have been made, then the CITY shall have the right to dispose of the ART WORK in any manner whatsoever. In the event that ownership changes during the period of the loan, the new owner is required to establish his legal right by proof satisfactory to the CITY. This agreement is binding upon and shall inure to the benefit of the parties, heirs, executors, administrators, representatives, successors and assigns. Article 5. Installation and Removal The ARTIST agrees to won with the CITY in plannin for and installing the ART W RK prior to exhibition opening and wil promptly remove the ART WORK after the con usion of the exhibition. The City resew the right to remove the ART WORK from th owa Sculptor's Showcase for any reason wh tsoever. However, it is expressly understood d agreed that the acceptance and installation of the subject ART WORK is conditioned u n the feasibility of a safe and secure installation on he Iowa Sculptor's Showcase. If it is termined by the CITY, after arrival of the ART WORK o before then, that because of inher t qualities or attributes of the ART WORK it is not feasib or consistent with the budge ' g resources to safely and securely install the ART WORK o the Iowa Sculptor's Showca e, the CITY shall be under no obligation to do so. In such case, the ART WORK shall b retrieved from the CITY by the ARTIST within 10 days of notificati by the CITY, but the RTIST shall nevertheless receive payment of $500. Article 6. Transportation and Delivery Transportation and delivery from the A TIST t the CITY shall be the responsibility of the ARTIST. Delivery will be complete when the RTIST delivers and assists the CITY with the installation of the ART WORK on the Iowa ulpture's Showcase. Return to the ARTIST shall occur at the same location as delivery. Article 7. Care and Safekeeping The ART WORK will receive the s me degree f care and preservation given to comparable outdoor, weather-exposed object owned by the ITY, but CITY will assume no responsibility for loss or damage due to th t, malicious mis ief, acts of God or other causes, unless specifically covered by insura e, but then only tot limits of such insurance. ARTIST agrees to indemnify, save and hold armless CITY from an and all losses, damages, suits, actions, claims or expenses of eve kind arising out of loss o damage, unless specifically covered by insurance as set forth in rticle 10 of this agreement. Article 8. Repair In the event that e' er the CITY or the ARTIST decides tha the ART WORK requires repair in order to preserv public safety or to preserve the ART WOR ,the ARTIST shall be given the first opportunit to make the necessary repairs under CITY s envision and within 30 days of notice by CIT of the need for repair. If the ARTIST has not aff cted satisfactory repairs within 30 days after notification that such repairs are required, then t CITY reserves the right to repair the ART WORK or to remove it to a safe location for sto ge. Except for the repairs specified herein, the CITY will not clean, retouch, or alter the AR WORK without consent of the ARTIST. 3 Article 9. City Discretion The CITY has the sole discretion to determine whether, and for how long the ART WORK shall be exhibited. Article 10. Insurance and Liability The CITY will insure the ART WORK against casualty loss at a value speci ed by the ARTIST, but the amount specified by the A T must reflect fair market value, and insurance coverage shall in no instance exceed $10,00 per ART WORK. At the CITY'S opti ,the CITY may self- insure the ART WORK, but in no i stance shall the CITY'S liability fo casualty loss exceed $10,000 per ART WORK. The ARTI T shall be included with the CI as an insured on any policy covering such loss. The ARTI T agrees that in the event of oss or damage, recovery shall be limited to such amount, if an ,determined by the insurer, hereby releasing the CITY from any further liability for claims arisi from the loss or dama ,and save and hold harmless the CITY from any and all losses, dam es, suits, actions, or xpenses of any kind arising out of any casualty to said ART WORK. Article 11. Publicity The ART WORK may be photographed an otherwise graphically reproduced by the CITY for noncommercial purposes. It is understood etwee[1'~the parties that ART WORKS displayed in the exhibition may be photographed by the g nerai~public. Article 12. Interpretation and Conflict of Laws The agreement cannot be modified expect b written instrument and it shall be interpreted according to the laws of the State of IowaC ARTIST acknowledges that (s)he has full power to make this loan, that (she)he has read the conditions contained in this agreement, and th t (s)he agrees to abide by the terms and conditions contained herein. IN WITNESS HEREOF: ARTIST /~ Aaron Franck 1300 20th Avenue SW Cedar Rapids, Iowa 32404 .~ i City Attq ney's Off ci e s_ ~ -a~ ER is D. Bailey, Mayor A Marian K. City Clerk Neighbor/s h owca sef ra n ck. d oc '~ NOTICE TO BIDDERS 2008 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 6th day of May, 2008. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 13th day of May, 2008, or at a special meeting called for that purpose. The Project will involve the following: Replacement of 532 SF PCC Pavement, 2,505 SF of HMA Pavement, 3,768 SF of 4" Sidewalk, 368 SF of 6" Sidewalk and Curb Ramp, 112 SF of ADA Truncated Domes, and 1,200 SF of Removals. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineer's Office, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the AF-1 City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Dates: Division I: June 20, 2008 Division II: August 8, 2008 Division III: September 12, 2008 Liquidated Damages: $50.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Iowa City Engineer, Iowa City, Iowa, by bona fide bidders. A $10.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 P~j~ ~.J Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 08-~ 4~ RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2008 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. 05-13-08 18 WHEREAS, Ultimate Edge Concrete, LLC of North Liberty, IA has submitted the lowest responsible bid of $57,747.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Ultimate Edge Concrete, LLC, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 13th _ day of ~ May , 2008 c ATTEST: CITY LERK Approved by "City Attorney's Office ~ ~ ~~~- It was moved by Wilburn and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: x x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata\PW ENG\RES\OSpave&replace-awrdcon.doc 5108 19 Prepared by Crystal Smith, Civil Engineer, 410 E. Washington St., Iowa City, IA (319)356-5410 RESOLUTION NO. OS-148 RESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE REGARDING CERTAIN OBLIGATIONS INVOLVING THE I-80 CORRIDOR LANDSCAPE DESIGN AND BEAUTIFICATION PLAN WHEREAS, the I-80 Corridor is a continuous stretch of roadway between Iowa City and Coralville; and WHEREAS, Iowa City and Coralville desire to jointly design the I-80 Corridor Landscape Design and Beautification Project in the area between and including I-380 in Coralville and Highway 1 in Iowa City, hereinafter referred to as the "Plan"; and WHEREAS, Iowa City and Coralville agree that the said Plan will benefit both communities; and WHEREAS, pursuant to Chapter 28E of the Code of Iowa, Iowa City and Coralville desire to enter into an agreement outlining their respective duties and responsibilities regarding said Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized to execute the Chapter 28E Agreement with the City of Coralville, Iowa, attached hereto and incorporated by reference herein, and said agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to forward the executed Resolution and Agreement for filing to the Iowa Secretary of State, with filing costs to be shared by both cities. Passed and approved this 13thday of May , 2008. ATTEST J ~• o~La/ CITY LERK City Attorney's ~/off Resolution No. 08-148 Page ~_ It was moved by xayek and seconded by wriQnc the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x X x X x Bailey Champion Correia Hayek O'DonnBll Wilburn Wright ' wpdata~glossary/resolulion-ic.doc Prepared by: Crystal Smith, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE REGARDING CERTAIN OBLIGATIONS INVOLVING THE I-80 CORRIDOR LANDSCAPE DESIGN AND BEAUTIFICATION PLAN This AGREEMENT is made by and between the City of Coralville, Iowa, a municipal corporation, hereinafter referred to as "Coralville" and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "Iowa City." WHEREAS, the I-80 Corridor is a continuous stretch of roadway between Iowa City and Coralville; and WHEREAS, Iowa City and Coralville desire to jointly design the I-80 Corridor Landscape Design and Beautification Plan in the area between and including I-380 in Coralville and Highway 1 in Iowa City, hereinafter referred to as the "Plan"; and WHEREAS, Iowa City and Coralville agree that the said Plan will benefit both communities; and WHEREAS, pursuant to Chapter 28E of the Code of Iowa, Iowa City and Coralville desire to enter into an agreement outlining their respective duties and responsibilities regarding said Plan. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Purpose. The purpose of the agreement is to coordinate design of the Plan and to fix the financial responsibilities of each party. Consideration. The mutual consideration herein is the undertaking of the Plan and execution of this agreement by the parties. III. No separate legal entity. No separate legal entity is created by this Agreement. The City Council of each City will administer the City's duties hereunder. IV. Design Services. Consultant Agreement. The parties have solicited proposals from numerous engineering firms which are qualified and capable of providing engineering design services including concept review and preliminary design. The parties have selected the engineering firm of Howard R. Green Company. Iowa City has entered into an engineering consultant agreement with Howard R. Green Company, attached and incorporated herein, for services outlined in the "Project Tasks" section of the Consultant Agreement signed by Howard R. Green Company and the City of Iowa City. The total fee for all engineering design services shall not exceed $39,676.00. The financial responsibility for payment of engineering services shall be as follows: Iowa City: 50% of engineering fee Coralville: 50% of engineering fee 2. Payment of invoices and reimbursement to Iowa Citv. Upon presentment of an invoice by Howard R. Green Company, Iowa City shall review and shall make payment in the ordinary course upon approval. After payment, Iowa City shall present an invoice to Coralville for reimbursement of Coralville's proportionate share of the previously approved invoice as calculated in subparagraph (1) above. Coralville shall reimburse Iowa City within 30 days of receipt of the invoice. Executed with approval and on behalf of the City of Iowa City and the City of Coralville. Dated this ~ day of~~, 2008. CIT' By: Atte CITY OF CORALVILLE By: ld J' Fausett, Mayor Attest: ~~ City Clerk Approved by:~!]C/'.(a:~~~Ju~YO~y~~+~~'e-E-~ Approved by: F~ClM1,- City Attorney s~a;w ~. City Attorney CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this may`" day of n Lcz-vi--~ A.D. 20 0~ before me, the undersigned, a notary public in and for tl~e State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. r ~ ' `TUTTLE // ~- p ~ / ~vrres e.L lid µ` 5~~~ - - Notary Public in and for the State of Iowa My commission expires: '/~5~/ CITY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~ day of IV U.~/A , 20 W ,before me, the undersigned, a notary public in and for the Statiyof Iowa, personally appeared Jim Fausett and Thor Johnson, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. KEViN o. asar cao~aa~ w,mesr 7272 py ~,. ~~'~~ Notary Public in and for the State of Iowa My commission expires: pwenglagVagV-BOPlan-28E Eoc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this zogg by and between the City of referred to as the City and Howard R. Green referred to as the Consultant. 2nd day of A ~,:, I Iowa City, a municipal corporation, hereinafter Company, of Cedar Rapids, Iowa, hereinafter Wheras Howard R. Green Company a_ green to perform design services for the I-80 Landscaping and Beautification Concept Plan. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. See attached Project Tasks, Project Budgeting Worksheet, and standard Howard R. Green Company rate schedule II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. See attached Project Tasks III. GENERAL TERMS A The Consultant shall not cemmit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disabiliiy, age, marital status, gender identity, or sexual odentation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. -2- C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to fumish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa Ciiy, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to fumish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid porton and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, -3- either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Consultant services shall be at the. standard hourly rate plus expenses, not to exceed $39,676.00 (thirty nine-thousand six hundred and seventy six dollars). See attached consultant agreement and Howard R. Green Company siandard rate schedule. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and chat no other monies or considerations have been solicited. FOR THE CITY By: Title: ~~~~: ~. C; ,~..~ Date:~2~za~B ATTEST: FOR THE CONSULTANT By: IQrQr ~~ Title: IJ/LP ~/I~~~a~...~ Date: 3~ (~3 piNwmslcansagmthm Project Tasks The Consultant will be advised by the I-80 Corridor Task Force which consists of staff representing the City of Coralville, the City of Iowa City, the Iowa Department of Transportation, and the Johnson County Council of Governments. Specifically, the consultant will complete the fallowing tasks fox inclusion in the final detailed concept plan: Review existing bridge structural plans to determine the extent of facade treatments are feasible on existing corridor. Evaluate structural, regulatory, and safety constraints to proposed facade treatments prior to start of design work. Identify bridge facade treatments that integrate the colors and textures of bridge facades, abutments, and other bridge elements, including pedestrian bridges, along the highway. The following bridge locations shall be considered for aesthetic enhancement within guidelines provided by Iowa DOT: Dodge Street, Prairie Du Chien Road, Dubuque Road, First Avenue, 12th Avenue, and Highway 6. To ensure consistency, the consultant will coordinate bridge facade treatments with, 1) future median barrier rails, designed by Iowa DOT; and, 2) the existing bridge at Coral Ridge Avenue and Interstate 80, and design standards and management plans for the City of Coralville and Iowa. The Consultant will prepare a range of bridge facade options, including paint colors, texture styles, and abutment treatments. 2. Landscape design plans will address open areas within interchanges, medians, and along roadsides. Following consultation with DOT roadside managers, design decisions shall give priority to low maintenance vegetation, with preference given to native plant species. 3. One public information workshop will be held to solicit comments from the public and other interested parties. Formal meetings (2) with the steering committee will occur near the beginning of the project, and prior to project completion, with informal contact throughout equivalent to two meetings. 4. Opinion of Probable Costs for the above mentioned improvements, as well as an annual maintenance plan and estimates of maintenance costs in labor hours and materials. 5. Identify key locations within interchanges where future public art elements could be installed in the future to add visual interest to the corridor. Coordinate with stakeholder committee in use of artist for integration of artwork within the bridge facade treatments 6. Phasing plan to implement the improvements outlined above. Coordinate with Iowa DOT for integration within current construction schedule on the T-80 Scope of Work: I-80 Landscaping and aeauliflration Plan March 2006 Page 1 corridor. Coordinate with funding agencies identified by stakeholders for phasing in regard to funding cycles. Products The products of the planning and design process will guide near-term decision making for the corridor. The consultant will prepare the following: 1. Draft of the consultant contract 2. Draft of the fully executed consultant contract 3. Summary report of ideas gathered through I-80 Task Force and public involvement meetings 4. Summary report of (8) potential bridge facade treatments in three dimensional electronic format. Electronic documents shall be available for inclusion in city/county maintained websitea and in print publications. Include cost estimate for fapade treatments. 5. Summary report of (2) potential roadside landscaping options, including (1) typical cross section and typical plans for major sections of the corridor, and cost estimates for implementation and maintenance 6. Summary report of (2) potential interchange landscaping options, including one typical cross section, typical plan, and cost estimates for implementation and maintenance 7. Three draft copies of the I-80 Detailed Landscaping and Beautycation Concept Plan, including the following information for applications to the Living Roadway Trust Fund: o Why is this landscaping and beautification project being proposed? o What are the project goals? o How will project goals be accomplished and evaluated? The final plan must also include: o A readable and detailed map of the area, noting project location, adjacent land use, and size of proposed planting area. Be sure to indicate the width of the roadside (from edge of traveled surface to right-of--way line), if applicable. Coordinate with Iowa DOT For current and proposed roadway widths after planned construction activities. o Location of tree or shrub plantings, in feet, from the edge of traveled surfaces. Reference Iowa DOT and AASHTO guidelines for minimum setback and sightline requirements. o A list of all plant species to be used in the project, arranged alphabetically by scientific name. Format the list using the following column headings: scientific name, common name, lbs., oz., no. of live Snipe of Work: I-80 Landscaping and Beautycation Plan t~Aarch 2006 Page 2 plants. Utilize American Nursery and Landscape Association standards for plant type and sizing. Coordinate with the Iowa DOT and the Cities of Coralville and Iowa City for approved low maintenance landscape materials for roadway applications. 8. One CD containing a digital copy (PDF) of the final I-80 Detailed Landscaping and Bea utiBcation Concept Plan and CAD files, and seven hard copies of the final plan 9. Two digital copies of five PowerPoint slides for legislative delegations The cities of Coralville and Iowa City will provide land use plans for the I-80 corridor. The cities will provide aerial electronic base mapping, including 2-foot contours and 2006 aerial ortho-photographs, for use in developing the concept plan. The Iowa Department of Transportation will provide reference plans and survey information from the current Interstate 80 reconstruction project. Project Schedule Contract Notice to Proceed April 1st Base Mapping April 1st -April 15tH Kick-off meeting w/ stakeholders April 15th Preliminary Design Concepts April 15th -May 12th Stakeholder Review Meeting May 12"' Public Open House On or about May 15th Refine concepts May 15th -June 15th Final Stakeholder review June 15th Finalize plan June 15th -July 3Td Deliver final report July 3rd Swpe of Work: I-80 Landscaping and BeauBfigtion Plan March 2008 Page 3 Project Budget Consultant services shall be at the standard hourly rate plus expenses, not to exceed $39 676 00 (thirty nine-thousand six hundred and seventy six dollars). See attached consultant agreement and Howard R. Green Company standard rate schedule. Additional Services The design team can provide the following services as necessary for the I-80 Detailed Landscaping and Beautification Concept Plan: 1. finding Assistance 2. Electrical Engineering 3. Construction Documents and Bidding Services 4. Construction Administration and Resident Engineering Scope of Work: I-80 Landscaping and Beautification Plan March 2008 Page 4 HOWARD R. GREEN COMPANY: PROJECT BUDGETING WORKSHEET W12008 RATES PROJECT NAME: I - 80 Corridor Beautification ~ PROJECT NUMBER: _._ CLIENT: oon i~rT ~anninr_ro~ u.,, u~.~,~,,.,ti TOTAL HOURS 48 80 80 124 36 COST PER HOURIUNIT CHARGE-OUT RATE 112 63 136 SO 385 0.5D5 10°/a 3.00 TOTAL LABOR COST 5376 5040 10884 9920 6666 606.00 90.00 1,1D4.OD =-- EXP ENSES = ask ESCREPTEON OF TASK ~ rn ;ud C7 ~ C o m ~¢ a ..~ L ~ ~ s - ~ ~~ ~ a a N d N ~ a ~ J ~, ~ ~ ~ ~ o~ ~ ~ ileage Auto er Diem Computer 8 Comm Charge ~ ask Total Unit Total Total -= 1. Bridge Fagade Treatments - - Ex. Bridge Plans review 2 4 - 18.00 = 1,030.ODr' Brainstorming Sessions 4 4 8 - 48.00 .__2,392.00- Preliminary bridge fa de model (Sketchup} 4 40 4 - 144.00 d~ i~28.00 = Bridge Details 4 24 4 - 96.60 3,300;00: Coordination with Iowa DOT 4 4 - 24.D0 .>; 1,30$-00= 2. Landscape Design Plans - - Ex. Master plan review 2 4 2 4 - 36.00 1;104.00 Base Mapping 8 - 24.60 - 6fiA.00' Preliminary landscape plan 2 24 2 16 - 132.00 3;420`.DD- Landsca ing details 2 24 2 16 - t32.00 3,420:00 Coordination with Iowa DOT 4 - 12.DD 55fi:00' 3. Pe[blic infannation meetings - - Open House 6 6 S 240 121.20 3D.OD 60.00 -° 2,339,20 i Committee Meetings (2) 6 6 480 242.46 30.D0 36.00 1,796':44 Informal meetings {2) 6 6 480 242.4D 30.00 36.00 1.79&:40 4. Costs Estimates - - Preliminary OPC 4 4 4 4 - 48.06 ~2,03s"00 Final OPC 4 4 4 4 - 48.00 _ 2;032.D0= Annual maintenenace plan 4 12 - 48.00 1,25200 Estmation of maintenance costs 4 4 - _. 24,60 724.OD 5. ArE elements location and identification - - Locafson of stand alone art 4 - 12.00 480'00:, Integration of art within bridges -word with artist 4 4 - 2x.00 1;30B.DD=-{ 6. Phasing and implementation plan - - Phasing Strategy 4 4 4 - 36,00 ;1,280.00 ~°; 7. Powerpoint presentation for legislature 2 4 - t8.06 ~~fi10i06= 8. Project NEanagement 16 - 48.60 2,224:00 : - - -- ,. -- - , - rrotect r ocar ~y,v 1 v-uv Oaprg4527260Ptl-80 beautuTucation workplan~rl.xls Howard R. Green Com n ~ Y HOWARD R. GREEN COMPANY Billing Rate Schedule Effective January 1, 2008 Billin Professional Services Rate Range Principal $185 to $225 Senior Professional $135 to $185 Professional $110 to $160 Junior Professional $80 to $110 Senior Technician $75 to $100 Technician $50 to $80 Field Personnel $50 to $80 1 -Person w/GPS or Robotic Equipment $105 2 -Person Crew w/GPS or Robotic Equipment $155 Administrative $40 to $75 Reimbursable Expenses 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed per the standard mileage reimbursement rate established by the Internal Revenue Service. Survey vehicle mileage will be reimbursed on the basis of $0.85 per mile. 3. Charges for sub-consultants vuill be billed at their invoice cost plus 15%. 4. A rate of $3.00 will be charged per Howard R. Green labor hour for a technology and communication fee. 5. All other direct expenses will be invoiced at cost plus 10%. 8710 Earhart Lane SW • Cedar Rapids, IA 52404 • PO Box 9009 • Cedar Rapids, IA 52409-9009 319.841.4000 fax 319.841.4012 toll free 800.728.7805 www.hrgreen.com M ~~ 05-13-08 20 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 08-149 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.138 authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on June 13, 2008. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until June 12, 2008 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Res. No. 08-149 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 13th day of Mav , 2008. 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O ~ ~ ~ :°. m ~ ~ D D D D a t u _ ~ _ ~ a v d m °, ~ Lv t0 t0 ~ n7 \ `J N Z O O O O ^ N V V V V A 0 o, ~ n' ~ N N i f00 _ N A Z D O (VT (T O O A N 7 tr W V V ~j A ~ tr A ~ (O O (T m ~ d n N C EA b9 + b9 N ffl ~ N d ~ - CNJ1 (00 _ N a UV1 O O A ~ ~~Z-~ PROFESSIONAL FOOT & ANKLE CARE GEORGE S. SEHL, D.P.M. Boar) Certified, American Board _ r~ of Nodiutric Surgery 0 Fellow, American College ~' ~~ ~ ' ~ ~ ul Boot & Ankle Surgeons -~ ~ -~ ...~ ~m ~ _~ May 8, 2008 ~ ~ D ~n o~ Marion Carr City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Dear Iowa City City Council, I am writing this letter to you in regards to a bill I have received that I do not think is correct. This is back in 2007 where somebody complained regarding the sidewalks for 805 S. Gilbert and 817 S. Gilbert. My snow removal man does remove the snow. The company name is Mall Service Instant Green. When I was in the office Monday through Friday everyday during the month of February 2007, I noticed the snow was removed each one of those days by the time I got to the office at 7:30. I do remember seeing Quality Care come to the office on one of those days in February. They came, looked, assessed the area for maybe twenty to thirty seconds, saw that it was shoveled, got back in their cars and left without doing any work. Therefore, I never saw them do any work. I paid Mall Service Instant Green to do the work, so that is why I have not paid these bills. I did call the city to let them know the situation a fevv times, so I feel that even though the city was charged, that Quality Care did NOT do the work, and that I paid someone to do the work on top of that, which I did pay, so therefore I should not be double billed in other words, and on top of that Quality Care did not do any work anyways. If you have any questions or concerns, please feel free to call me at 337-2021. Sin erely Y 'George S. Sehl, DPM GSS/sn SOS South Gilbert Street Iowa City, IA 52240 319-337-2021 ~~ ir- Ii• ..~-- -~a ~ BEFORE THE CITY COUNCIL OF THE CITY OF IOWA CITY CITY OF IOWA CITY COMPLAINANT ) vs. ) INVOICE NO. 8904 RAY THOMPSON ) RESPONDENT ) MOTION TO DISMISS THE CLAIM LISTED ON MISCELLANEOUS ACCOUNTS RECEIVABLE INVOICE NO. 8904; ISSUED FOR SNOW REMOVAL SERVICES ALLEGEDLY PERFORMED AT 1207 MUSCATINE AVENUE, IOWA CITY IOWA, 52240, ON 02/14/2008 Now comes the respondent, Ray Thompson, by his advocate, H. Yale Cohn, and moves that the city's claim for $109.00 for snow removal services allegedly performed on 02/i4/2008 be waived, dismissed or otherwise disposed of. In support thereof it is asserted: On 04/01/2008 the city issued the respondent a Miscellaneous Amounts Receivable Invoice (Invoice No. 8904) for snow removal services allegedly performed at 1207. Muscatine Avenue, Iowa City Iowa, 52240, on 02/14/2008. The invoice alleges that two people, working for half an hour removed snow and ice and applied two bags of ice melt on the respondent's driveway where it crosses the public sidewalk. Respondent contests both the invoice as well as the alleged violation that it stems from on the following five grounds: 1. NO NOTICE OF VIOLATION WAS SENT. The City code provides that: "If there is a second violation confirmed during that same season, the City can immediately clear the sidewalk without notification of the property owner." On 12/27/2007 a "notice of violation" was sent (hereinafter a "snow notice") regarding this property. What was the alleged violation that this snow notice was sent regarding? Was the sidewalk completely covered in ice? It was not. Was the sidewalk entirely un-shoveled? It was not. The "snow notice" was issued because the shoveling that had been done was allegedly only "one shovel width" in width. A re-inspection occurred on 12/31/2007 and the path had been sufficiently widened such that the sidewalk was found to be in compliance with City statutes regarding snow removal. Hence, although a "snow notice" was sent on 12/27/2007, the property was not found to be in violation due to the fact that the path on the sidewalk was widened and the issue satisfactorily remedied. Because the "snow notice" issued on 12/27/2007 was, in fact, remedied, and the sidewalk, upon re-inspection, was found in compliance, said mere notice of violation should not then be allowed to stand as a de facto "violation" sufficient to allow the City to act without notice to address a second alleged violation. Acting to correct the second alleged violation without sending due notice improperly views the first "snow notice" as though it were an actual un-remedied violation even though it was satisfactorily remedied. Doing so gives the same punitive weight to a mere notice of violation, an allegation, as it does to a genuine finding of violation stemming from abject, reckless and material noncompliance with City code. For the City to view the original alleged violation of the sidewalk being shoveled only "one shovel width" with 2 the same eye as it might view a completely and utterly un- shoveled or otherwise impassable sidewalk is fundamentally improper. Just as there are degrees of theft, degrees of murder, degrees of assault, so too, by the same reasoning, there must there also be accommodations made for dec_trees of snow- removal violations. Hence, given that the first notice of violation was remedied it should not then count as a genuine and material "violation" sufficient to allow the City to act to remedy subsequent alleged violations without first giving due notice. 2. FAILING TO SEND A SECOND "SNOW NOTICE" WAS A VIOLATION OF THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND WAS ALSO A VIOLATION OF THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT WHEN THE OWNER OF THE PROPERTY ADJACENT, AT 1145 COLLEGE STREET, WAS, IN FACT, SENT A "SNOW NOTICE" FOR THEIR SECOND SNOW REMOVAL VIOLATION. Not giving property owners due notice that they have been accused of a second violation and acting proactively to fine them for said alleged violation is a violation of the Due Process Clause of the Fifth Amendment of the United States Constitution. It holds, both civilly and criminally, that for people charged with a crime (or, in this instance, a nuisance violation) that an individual must be " [al dernsately notified of charcTes or proceedings, and the opportunity to be heard at these proceedings and to see the evidence gathered against them and to confront their accusers." The Citv's failure to Give due notice to property owners that a second snow removal violation had been entered against them does not satisfy the Constitutional requirement that they be adequately notified of charges. According to the City's online records, the violations recorded at respondent's property on both 12/27/2007 and 2/13/2008 have matching and concurrent "complaint received" notations logged with the property adjacent, at 1145 3 College Street.(Records for the college Street property available here; and for the Muscatine property here.) The College Street property lies at the end of College Street where it intersects Muscatine Avenue. The Muscatine property is directly next-door, due east. Both properties lie on a slope. Both properties suffer nearly identical icing problems due to the lay of the land that they sit on as well as the configuration of the streets and sidewalks adjacent to them. During the winter, melting snow runs down College Street towards Muscatine and - normally - flows into a storm drain on College street or into one of several on Muscatine Avenue itself if the water is of a sufficient volume that it "turns the corner" before runnina_ into a storm drain. However, due to the large and well-documented amount of compacted ice and snow that was not removed from the City streets this winter that water instead turned the corner onto the sidewalk at the intersection of College and Muscatine and flowed onto the resp_ondent's driveway where it would then re-freeze into ice. Respondent was therefore responsible for removing ice that only formed on his property due to the City's failure to properly or adequately clear storm drains of snow and ice . Penalizing the respondent for failing to clear ice on the driveway that, in large part, only formed as a result of melting snow being unable to properly drain into City sewers is fundamentally unfair. While the snow itself may have been the result of an "Act of God" the fact that it melted, then ran downhill onto the sidewalk and refroze on respondent's property because of frozen-over streets and storm drains was the result of an act, or inaction or man. The complaint logged for the property located at 1145 College Street, issued on 02/13/2008 - thought it also was 4 a second violation - nonetheless resulted in a second snow notice being sent to this property. Why then was the property at 1207 Muscatine not also sent a second snow notice? The complaints received on 02/13/2008 that resulted in the initial inspections for both properties were both second offenses. Giving the property owner at 1145 College street a "second chance" to correct an alleged violation by sending them a second snow notice even though this was also their second offense while not giving respondent a second chance to correct any alleged violations is a violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. It holds that: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to anv person within its -jurisdiction the ecxual protection of the laws." If one property owner is given a second "snow notice" for a second alleged violation then all property owners must be given a second snow notice for a second alleged violation. Sending the College Street property owner a second "snow notice" for their second alleged violation without sending the respondent a second "snow notice" for his second alleged violation is clearly unequal protection. 3. NO WORK WAS ACTUALLY DONE. Respondent's daughter, Jane Thompson, and her boyfriend, Yale Cohn, were home the entire day spending Valentine's Day together on the day that the snow removal services were allegedly rendered. At no time on the day workers are alleged to have visited the respondent's property did they see any 5 individual or individuals removing ice or snow or salting the area in question. Further, Cohn was outside multiple times throughout the day all day long chopping ice and salting the area in question. He had been doing so for several days prior to and several days after this work was allegedly done. That a worker or workers could have come to this property and performed the services they are alleged to have rendered without Thompson or Cohn noticing them doing so is, at best, highly unlikely if not outright impossible. The snow and ice on the driveway - as it was on many of the City's streets this winter - was exceptionally thick and compacted. If, as your online records indicate, two people allegedly worked for a half an hour removing ice and/or snow and also applied two bags of ice-melt had, in fact, removed a~'_ amount of ice on the path across the driveway sufficient to bring it into compliance with the City code such a change would have been instantaneously and obviously noticeable. No such observable or measurable change in the amount of ice and snow or increase in the width of the path across the driveway was visible, observable or noticeable that day or at any time the following day. Respondent therefore contends that no services were rendered. That no ice or snow was physically removed. That no ice-melt was applied. Such an act could not have gone unnoticed. It should then be incumbent upon the City to provide evidence not only of an alleged violation but also evidence of said violation having been remedied. The burden of proof in such matters must always be upon the Government, not the private citizen. 6 Absent any photographs of the path across the driveway both before and, specifically, after this work was allegedly done both the claim that the path was too narrow as well as any the claims that it was remedied by the City are both uncorroborated and unsubstantiated. 4. THE SNOW ALLEGEDLY REMOVED WAS NOT THE SAME SNOW SEEN IN THE INITIAL INSPECTION. The initial complaint was received on 02/13/2008. The work was allegedly done on 02/14/2008. The City Code states that "No owner, tenant, responsible party or person in possession or control of property shall allow snow or ice accumulations to remain upon abutting sidewalks for more than twenty four (24) hours. (1978 Code ~31- 120; amd. 1994 Code) Hence, given the fact that Yale Cohn had been intermittently working to clear the driveway throughout the day on 02/13/2008 there is no way for the City to show that any snow allegedly removed on 02/14/2008 was, in fact, A) snow or ice that had been on the ground for the required period of more than 24 hours; or B) if, in fact, any snow or ice allegedly removed was indeed even the same snow seen during the initial inspection that occurred on 02/13/08. Therefore, even presupposing that some snow was indeed removed on 02/14/2008, there is no way to show that the snow removed was the same snow that prompted the initial complaint and subsequent initial inspection on 02/13/2008. The City cannot then issue an invoice for a "service provided" that is not demonstrably related to or stemming from either the original complaint or subsequent initial inspection. 5. A PRIVATE HOMEOWNER WITH LITTLE-TO-NO MANPOWER AND FEW RESOURCES AVAILABLE TO THEM SHOULD NOT BE HELD TO A HIGHER STANDARD FOR SNOW-REMOVAL THAN THE CITY ITSELF. 7 The area that was allegedly insufficiently cleared and resulted in the violation in question was the path across the driveway. The driveway was in constant use throughout the winter as the normally abundant street parking in that neighborhood was very scarce given the amount of compacted ice and snow that had formed on the adjacent streets. As a result, the amount of compacted snow and ice that had formed there was near to immovable. It has been well documented and much discussed that because of the historic amounts of precipitation Iowa City experienced this winter coupled with multiple thaw and freeze cycles many city streets were so laden, rutted and/or otherwise so irreparably covered with compacted snow and ice that it simply could not be removed. Given that the same metrological, vehicular and pedestrian conditions were what caused the driveway in question to be similarly compacted with snow and ice it is fundamentally unfair for the City to fine a private homeowner for being incapable or unprepared to remove such a volume of compacted ice when the City itself, with the myriad resources available to it, was itself unable to deal with the self same problem. For the foregoing reasons respondent contests this claim for the amount of $109.00 and asks that it be waived, dismissed or otherwise disposed of. Res ectfu ly subm'tted, ~~ `1~1 C v \ H. YALE CORN Advocate for the Respondent 1207 Muscatine Avenue Iowa City, IA, 52240 8 ~r~~~_ ~s~ tirari. -yortr I~Ak !o X17 iM0// Welcome to Housing & Inspection Services Online Services Home Status Parcel Comment VIP_UN C'_aec ~t~*e~c The information below summarizes the case you selected. Apply Help INFORMATION ON CASE COM07-02176 Status : O (click for Status definition) ~l~±c~rintinn ~ 1 F-1 A-R~cnp~u anri ice Name : RAY H THOMPSON Address : 1207 MUSCATINE AVE (click for map) Application Date : 12/27/2007 1:23:30 PM Parcel : 1011386007 (click for parcel details) ACTIVITIES (F) create SNOW RECEIPTS Staff •JLR Status :DONE Date ~ 3/20/2008 Notes inv#713 2114!08 2 people 1/2 hour (35.00) plus 2 baq_ s of ice melt (2x12) 59.00 plus 50.00 admin fee t~fial 1 ~9 M Send Work Order Staff ~ JLR Status ~ DONE Date :2/1312008 Initial inspection Staff : BFO Status :DONE Date :2/13/2008 Notes only 14" path and driveway area over sidewalk not done -2nd offense Complaint received Date Received Staff :JLR Status :DONE 2/13/2008 CASE CLOSED -compliance Staff : BFO Status :DONE Date :12131/2007 Re-inspection Staff : BFO Status :DONE Date1 : 12/31/2007 Date2 : 12/31/2007 Date Due : 12131 /2007 (F) Send SNOW NOTICE Staff :JLR Status :DONE Date :12/27/2007 Contact owner/post property Date Notified Staff :JLR Status : DONE ~ 12/27/2007 Initial inspection Staff : BFO Status :DONE Date :12/27/2007 Notes only one shovel width http://www.iowa-city.org/tm_bin/tmw_cmd.pl?tmw_cmd=Statu... 5/13/2008 Status: ease Status Complaint received Staff : JLR Status :DONE FEES Item Fee Amount Fee Remaining CONDITIONS Title ID Tag Status What would you like to do next? rage ~ oZ ~ Date Received 12/27/2007 ~ Back _to_Searc_h ~ Help Use this page to view the details of the selected case. ^ If yourjurisdiction allows you to attach new files to a case, you can click Upload new document. ^ To pay fees for this case, click Pay Fees. ^ If yourjurisdiction allows you to view parcel information as a map, click View GIS. Version : 3.5.1.20051221.03 Copyright ©2005 by Accela, Inc. To comment on this page, send email to we_b_mast__er@iovv_a-cty.org Top of Page ~ttp://www.iowa-city.org/tm_bin/tmw_cmd.pl?tmw_cmd=Statu... 5/13/2008 status: ease status ~~~~~ --~o~lrr Nub io Chr No!! Welcome to Housing & Inspection Services Online Services Home Status Parcel Comment View Case Stags The information below summarizes the case you selected. gage i of :j Apply Help INFORMATION ON CASE COM07-02175 Status : C (click for Status definition) Description : 16-1A-8: snow and ice Name : STANLEY & NANETTE CARLSON Address : 1145 E COLLEGE ST (click for map) Application Date : 12/27/2007 1:21:10 PM Parcel : 1011386008 (click for parcel details) ACTIVITIES (F) create SNOW RECEIPTS Staff :JLR Status :DONE Date :3/24/2008 Notes inv#757 - 2/19/08 salt and sand only 35.00 plus 50.00 admin fee total 85.00 -Was not done when we went to reinspect in 2/28 so another invoice will be going out -do not charge 50.00 admin fee again on that invoice. CASE CLOSED -compliance Staff :JLR Status :DONE Date :3/5/2008 Re-inspection Staff : TJG Status :DONE Date1 : 3/4/2008 Date2 : 3/4/2008 Date Due 3/4/2008 Notes done Send Work Order Staff :JLR Status :DONE Date :2/28/2008 Re-inspection Staff : BFO Status :DONE Date1 : 2/28/2008 Date2 : 2/28/2008 Date Due 2/28/2008 Notes not done Send Work Order Staff :JLR Status :DONE Date :2/15/2008 Re-inspection Staff : BFO Status :DONE Date1 : 2/15/2008 Date2 : 2/15/2008 Date Due 2/15/2008 Notes : not done (F) Send SNOW NOTICE Staff :JLR Status :DONE Date :2/13/2008 http://www.iowa-city.org/tm_bin/tmw_cmd.pl?tmw_cmd=Statu... 5/13/2008 Status: tease Status rage L of ~ Contact owner/post property Staff : TJG Status :DONE Date Notified 2/13/2008 Initial inspection Staff : BFO Status :DONE Date :2/13/2008 Notes this is a second offense but Terry also tagged it so I will send another notice Complaint received Date Received Staff : JLR Status :DONE 2/13/2008 CASE CLOSED -compliance Staff : BFO Status :DONE Date :12/31/2007 CASE CLOSED -compliance Staff : BFO Status :DONE Date :12/31/2007 Re-inspection Staff : BFO Status :DONE Date1 : 12/31/2007 Date2 : 12/31/2007 Date Due : 12/31 /2007 (F) Send SNOW NOTICE Staff : JLR Status :DONE Date :12/27/2007 Contact owner/post property Date Notified Staff : JLR Status :DONE 12/27/2007 Initial inspection Staff : BFO Status :DONE Date :12/27/2007 Notes only one shovel width on both frontages Complaint received Staff :JLR Status :DONE Date Received 12/27/2007 FEES Item Fee Amount Fee Remaining CONDITIONS Title ID Tag Status What would you like to do next? ~ Back to Search ~ Help Top of Page Use this page to view the details of the selected case. http://www.iowa-city.org/tm_bin/tmw_cmd.pl?tmw_cmd=Statu... 5/13/2008 Status: ease Status Version: 3.5.1.20051221.03 Copyright ©2005 by Accela, Inc. To comment on this page, send email to webmaster@iowa-city.org Yage .i of .i http://www.iowa-city.org/tm_bin/tmw_cmd.pl?tmw_cmd=Statu... 5/13/2008