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HomeMy WebLinkAbout2009-06-30 Resolution~~ 2f 1 Prepared by: .Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-213 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SECOND, THREE-MONTH EXTENSION OF THE AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC. WHEREAS, in Resolution No. 06-127, the City Council approved an agreement between the City of Iowa City and Public Access Television, Inc. ("PAN') for the provision of public access and community programming on cable television, which was to expire on May 1, 2009; WHEREAS, in Resolution No. 09-124, City Council approved an amendment to extend the term to July 1, 2009 because PAN and the City were negotiating the terms of a new contract; and WHEREAS, because the parties are still negotiating a new agreement, it is in the best interest of the City to extend the term for three additional months to October 1, 2009 to allow sufficient time to complete the negotiations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to the Amendment to Agreement, a copy of which is attached. Passed and approved this 30th day of .,,,,,~ ATTEST: ll~sf/ CIT LERK Approved ~ ~ --- ~ c ~ a5~ City Attorney's Office Resolution No. 09-213 Page 2 It was moved by Wright and seconded by champion the Resolution be adopted, and upon roll call there were: AYES: x x X x x NAYS: ABSENT: Bailey Champion x Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc SECOND AMENDMENT TO AGREEMENT This second amendment to Agreement between the City of Iowa City, a municipal corporation ("Iowa City"), and Public Access Television, Inc. ("PATV"), is being entered into in Iowa City, Iowa. WHEREAS, Iowa City and PATV entered into a contract entitled Agreement on April 26, 2006 for the provision of public access and community programming on cable television; WHEREAS, the parties amended said Agreement to extend the term from May 1, 2009 to July 1, 2009 because the parties were negotiating a new contract and did not anticipate concluding the negotiations prior to May 1, 2009; and WHEREAS, because the parties are still negotiating the terms of a new contract, they wish to amend said Agreement a second time by extending the term to October 1, 2009 to allow them sufficient time to negotiate a new contract. IT IS THEREFORE AGREED that: • Section 17 is amended by deleting it in its entirety and substituting in lieu thereof the following new Section 17: Section 17: This Agreement shall commence on May 1, 2006 and end on October 1, 2009, unless terminated earlier, as provided in this Agreement. This Agreement may be extended, by mutual written agreement of the Parties, for an additional three year period as set forth below. • All other terms and provisions of said Agreement remain in full force and effect. PUBLIC ACCESS TELEVISION, INC. 1 [ ~. ~ By: >,~ l~y Date PATV ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on /~uy2~ // 2009 by ~~~n` ~'~(name(s) of person(s)) as ~'~G~~c ~z y~ ~~ ~PC`~ -'' (type of authority, e.g, officer, trustee, etc.) of Public Access Television, Inc. Notary blic in and for the State of Iowa My Commission expires: y'.~ 3 - ~9 q ~-09 THE CITY OF IOWA CITY By: Attest: dJ ~C ~~.c./ Mari i K. Karr, City Clerk June '30, 7009 Date June 'i0 ~ X009 Date CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this `3~-~~ _ day of ~NE , 2009, before me, the undersigned, a notary public in and for the 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. SONDRAEFORT Commission Number 159791 ~~ My Commission Expires Syr~G~n o .~ ~ oi~ Notary Public in and for the State of Iowa Approved by: City Attorney's Office h~-~ 2f 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 09-214 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 415 NORTH GOVENOR, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on March 16, 2006, recorded on March 23, 2006, in Book 4003, Page 56 through Page 61, in the Johnson County Recorder's Office covering the following described real estate: The North Fifty (50) feet of Lot Eight (8) in Block Eight (8) in Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, Midwestone Bank has refinanced a mortgage to the owner of the property located at 415 North Governor and is securing the loan with a mortgage. covering the real estate described above; and WHEREAS, Midwestone Bank, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Midwestone Bank; and WHEREAS, there is sufficient value in the above-described real estate to secure the City 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 Midwestone Bank, Iowa City, Iowa. Passed and approved this 30th day of June , 20 09 ATTEST: , 2% CI LERK City Attorney's Office Resolution No. 09-214 Page 2 It was moved by Wright and seconded by champ~_on _ 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 SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Midwestone Bank of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortpaae which at this time is in the amount of 29 739.91, and was executed by Thomas J. Strub (herein the Owner), dated March 16, 2006, recorded March 23, 2006, in Book 4003, Page 56 through Page 61, Johnson County Recorder's Office, covering the following described real property: The North Fifty (50) feet of Lot Eight (8) in Block Eight (8) in Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $95,000 on a promissory note to be executed by the Financial Institution and the owner, 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 Mortpaae 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 Mortpaae 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 Mortpaae 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 3u day of ~ F , 20~. CITY OF IOWA CITY By Mayor Attest: FINANCIAL INSTITUTION By 3 ~~ City clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 3v ~ day of ~uti E , 20_x, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared e Q ' l and Marian K. Karr, to me personally known, and, who, being by me duly 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 (Ordinance) (Resolution) No. 05- ~I~}- passed (the Resolution adopted) by the City Council, under Roll Call No. ~-~--,-~--~ of the City Council on the 30 ~~ day of ,('LLB e , 20~, and that ;ci b and Marian K. Karr acknowledged the execution of the instrument be their voluntary ct and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~ SONDRAE FORT o ~ Commission Number 159791 Snr~~a1 ~~ My Commission Expires Notary Public in and for the State of Iowa 0 3 ~ doia LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~ }~` day of JIMtiR- , 200°., before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~t ~ ~-~~ to me personally known, who being by me duly sworn, did say that he/she is the ~'« p~,s lo~~ of 1'/IiG~ ~sf~tia, ~d-.M.~c ,that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Ci-~c,~N ~-~I~c.~ acknowledged the execution of said instrument to be the voluntary act ~-~ and deed of said corporation, by it and by him/her voluntarily executed. a~A( ANDREW LQLLRAGK Notary Public in and for the State of Iowa o Sy Commission Number 757952 ~ ~ nny Comte~fission Expires ,oWP 04/~--~~.o/Z /~ X20/Z My Commission expires: O f'`' M~~ 2f 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 09-215 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2230 HICKORY COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on December 17, 1999, recorded on December 21, 1999, in Book 2879, Page 142 through Page 145, in the Johnson County Recorder's Office covering the following described real estate: Lot 133, Pepperwood Addition, Part 6, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 25, Page 10, Plat records of Johnson County Iowa. WHEREAS, University of Iowa Community Credit Union has refinanced a mortgage to the owner of the property located at 2230 Hickory Court and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City 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 University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 30th _ day of .Tune , 20~_. A O ATTEST: ~~ ~ ~~ CITY C~.ERK Approved by City Attorney's Office Resolution No. 09-215 Page 2 It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek g O'Donnell x Wilburn ~_ Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of 3 000, arid was executed by Michael L. Bapley (herein the Owner), dated December 17. 1999, recorded December 21. 1999, in Book 2879, Page 142 through Page 145' Johnson County Recorder's Office, covering the following described real property: Lot 133, Pepperwood Addition, Part 6, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 25, Page 10, Plat records of Johnson County Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $94,500 on a promissory note to be executed by the Financial Institution and the owner, 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 Mortgage 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 Mortgape 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 Mortgape of the City. 06,'1112009 11:00 3193565217 IOWA CITY PLANNING PAGE. 04104 LENDER'S ACKNOWI.,1rDGEMENT STATE OF IOWA ) ss: JOHNSON CdUNTY ) On this I ~~ daY of ~ _ 20,~,. before_me, the undersigned, a Notary Public in rsonall a geared ~ ~ A- to me and for the State of Iowa, pe Y A personally known, wha being by me duly sworn, did say that he/she is the L p~ ~;(~i~~.. _ of u ~ ~ ,that Said instrument was signed on behalf of said corporation by authority ~ of its Board of Directors; and that said U w ~~cknowledged the execution of said instrument to be the vo{untary act and deed of said corporation, by it and by hi er voluntarily executed, Nota Public in and for a State of Iowa My Commission expires: cl~~~~~~`~ - ~~ .~. ~ ~ia~r 06/11/2009 11:00 3193565217 IOWA CITY PLANNING PAGE 03104 4. Bindiing 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. ~`~ ~' ~ , zo a 9 . gated this 3o day of CITY OF A CITY FINANCIAL INSTITUTION BY. Attest: ~Gity erk CITrs ACKNOw~~p~~MENT STATE OF IQWA } SS: JOHNSON COUNTY ) ~y ~~' ~t +ti On this 3a_ day of ~' , 20 09 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and Marian K. Karr, tome personally known,.:and, who, being by me d ly sworn, did say th they are the Mayor and City Clerk, respectively, of~ tkie City of Iowa City, Iowa; that the sea{ 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 aufihority of its City Council, as contained in (Ordinance) (Resolution) No. 0 9 - a!5 passed (the Resolution adopted) by the City Council, under Roll Call No. -~-------~.. of the City Council on the _~o ~"~- day of ~'uNc- _ _-, ~~~`L_, and that 'ci and Marian K. Karr acknowledged the execution of the instrument o be their volunta act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~ SONDRAE FORT ~ ~e T'e~C' ~ Commission Number 159791 My3Co~mi~o/a ices Notary Public in and for the State of Iowa ~+~ 2f 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 09-216 WHEREAS, the City of Iowa City is the owner and holder of a Retention Agreement and Deed Restrictions, executed by the owners of the property on May 1, 2009, recorded on May 20, 2009, in Book 4440, Page 532 through Page 533, in the Johnson County Recorder's Office covering the following described real estate: WHEREAS, the Retention Agreement and Deed Restrictions reflects the provisions of the state Jumpstart program, through which the owner received flood rehabilitation assistance; WHEREAS, Midwestone Bank has refinanced a mortgage to the owner of the property located at 800 Eastmoor Drive and is securing the loan with a mortgage covering the real estate described above; WHEREAS, the purpose of the refinancing is solely to obtain a lower interest rate, and Midwestone Bank will be providing no additional funds to the owner; WHEREAS, Midwestone Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Midwestone Bank; and WHEREAS, the subordination will not change the City's current position, that is it will remain is second position and inferior to the owner's primary lender. 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 Midwestone Bank, Iowa City, Iowa. Passed and approved this 30th days June , 2009. RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 800 EASTMOOR DRIVE, IOWA CITY, IOWA. Lot 89, in Park View Terrace Subdivision, Iowa City, Iowa, according to plat thereof recorded in Book 2, Page 69A, Plat records of Johnson County, Iowa. by ATTEST: C ~ ~ d3 ~~~ City Attorney's Office Resolution No. 09-216 Page 2 It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey g Champion x Correia x Hayek x O'Donnell ~_ Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Midwestone Bank of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Retention Agreement and Deed Restrictions which at this time is in the amount of $24,998.93, and was executed by Joseph E. Sturm and Marv T. Sturm (herein the Owners), dated Mav 1, 2009, recorded Mav 20, 2009, in Book 4440, Page 532 through Page 533, Johnson County Recorder's Office, covering the following described real property: Lot 89, in Park View Terrace Subdivision, Iowa City, Iowa, according to plat thereof recorded in Book 2, Page 69A, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $160,000 on a promissory note to be executed by the Financial Institution and the owner, 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 Retention Aqreement and Deed Restrictions 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 Retention Aqreement and Deed Restrictions 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 Retention Aqreement and Deed Restrictions 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 3o day of ~wsE , 20 0~_. CITY OF IOWA CITY By FINANCIAL INSTITUTION By Attest: //( Vie'-a-~ f~ ~~J City Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) ~k On this 3o day of uN ~ _, 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared K~a.~~; a fl , ~ ~ ( ~ ~ and Marian K. Karr, to me personally known, and, who, being by me d y sworn, did say th t 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 (Ordinance) (Resolution) No. 09 ~ a/!o passed (the Resolution adopted) by the City Council, under Roll Call No. f the City Council on the 30 +~ day of ~'.aN E _, 20~, and that 2.~aen;aJ. Sr ' and Marian K. Karr acknowledged the execution of the instrument to be their voluntar act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~'u SONDRAE FORT ~~~~ ~- / o ~ Commission Number 159791 h-0-~t`b _ ~ My CommissiolExpires Notary Public in and for the State of Iowa ow LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this~~ "~ da of Un(i , 20~ -1, be a me, the u dersigned, a Notary Public in Y - and for the State of Iowa, personally appeared r to me personal) know ho bein me duly sworn, d say t t he/she is .the 'I IrQ,~~li~~~~ of ~r~WK,. ~~~ ,that said instrument was signed on b If of s 'd corporation by authority of its Board of Directors; and that said ~~r~~,{~~ acknowledged the execution of said instrument to be the voluntary act and deed o~id corpora~trefi, by it and by him/her voluntarily executed. is in and for tth~ State of Iowa My Commission expires: 12 ~~J~ 1 ~~ PEt~A~ ~ JILL HULtGREN ~ ~ p y Commission Number 750515 ~ _~ P ~ My mis ion Expires OW 06-30-09 M~ 2f 5 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. pq-2t ~ RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2442 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on June 26, 2007, the owner executed a Mortgage with the City of Iowa City to secure a loan of HOME Investment Partnership Funds to purchase six (6) lots including 2442 Aster Avenue; and WHEREAS, the owner sold 2442 Aster Avenue and the new owner has signed a recapture agreement for the HOME funds; and WHEREAS, a Mortgage securing the recapture agreement has been executed with the new owner of the lot; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Partial Release of Lien for recordation, whereby the City does release the property located at 2442 Aster Avenue, Iowa City, Iowa from a Mortgage recorded July 3, 2007, Book 4182, Page 853 through Page 857 of the Johnson County Recorder's Office. Passed and approved this 30th day of June , 20 0~ ATTEST: ~~(~.-~5 :e Resolution No. 09-217 Page 2 It was moved by Wight and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey x Champion x Correia x Hayek ~_ O'Donnell x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 Legal Description of Property: see below Mortgagorls): IV Habitat for Humanity Mortgagee: City of Iowa City PART/AL RELEASE OF L/EN The City of Iowa City does hereby release the property at 2442 Aster Avenue, Iowa City, Iowa, and legally described as follows: Lot 21, Whispering Meadows Subdivision, Part One to Iowa City, Iowa, according the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage recorded July 3, 2007, Book 4182, Page 853 through Page 857 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~~A~ CIT RK STATE OF IOWA 1 1 SS: JOHNSON COUNTY 1 City Attorney's Office On this ~~ day of `~kN~ , A.D. 20 O~, before me, the undersigned, a Notary Public in and for said County, in said State, 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 corporation, and that the instrument was signed and sealed on behalf oft a corporation by authority of its City Council, as contained in Resolution No. o~"d/~/, adopted by the City Council on the ~_ day h ~' ~~ ( , 20~ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. anal ~P SONDRAE FORT i ~ Commission Number 159791 ~~~ ~~ My Commission Expires oW a0/ Notary Public in and for Johnson County, Iowa ~ ~ ,~~ ^a~ 2f 6 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 09-218 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER RELOCATION FOR STAPLES, ADDRESSED 820 S. RIVERSIDE DRIVE WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer relocation for Staples, addressed 820 S. Riverside Drive, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said sanitary sewer relocation is hereby accepted by the City of Iowa City, Iowa. Passed and approved this 30th day of June 09 M Appr ved by ATTEST: ~ ~,7E~ CI LERK City Attorney's Officeu/t;/~ It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey ~_ Champion x Correia _~ Hayek ~ O'Donnell X Wilburn ~_ Wright pweng/res/staples-relocation.doc .~ + i1 r 1 :rnl~. ~ rr~r~~~i -~^a.a~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 5 2 240-1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT June 22, 2009 Honorable Mayor and City Council Iowa City, Iowa Re: Staples, addressed 820 S. Riverside Drive Dear Honorable Mayor and Councilpersons: I hereby certify that the relocation of the sanitary sewer for Staples, addressed 820 S. Riverside Drive, has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Engineer's office for the sanitary sewer relocation constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~%~ Ronald R. Knoche, P.E. City Engineer pwenglletters\Staples-relocation. doc M k~ Prepared by: Sue Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-219 RESOLUTION APPROVING A PURCHASE AGREEMENT AND AUTHORIZING THE CONVEYANCE OF LOT 1, NORTH AIRPORT DEVELOPMENT, PART TWO, TO THE UNIVERSITY OF IOWA. WHEREAS, the North Airport Development Subdivision, Part Two, includes commercial lots which have been marketed for sale to the general public; and WHEREAS, the City has negotiated a purchase agreement with the University of Iowa ("University")for Lot 1, North Airport Development, Part Two; and WHEREAS, on June 16, 2009 the City Council adopted a resolution setting a public hearing to consider a purchase agreement and proposal to convey its interest in said Lot 1 to the University, authorizing the publication of public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. 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 and City Clerk to execute all documents necessary to convey the City's interest in Lot 1, North Airport Development, Part Two, Iowa City to the University of Iowa pursuant to the attached Purchase and Sale Agreement under the direction of the City Attorney. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this 30th day of ATTEST: CIT LERK r.rr~ ~,,, ~..., y City Attorney's Office Annen\forms\res-conveyance.doc June , 20 09 Resolution No. 09-219 Page 2 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x X ~_ x NAYS: ABSENT: Bailey Champion x Correia Hayek O'Donnell Wilburn Wright wpdata/glossarylresolution-ic.doc Purchase and Sale Agreement Page 1 OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE (PURCHASE AND SALE AGREEMENT) TO: City of Iowa City, an Iowa municipal corporation (hereinafter "City"). The University of Iowa (hereinafter "Buyer"), hereby offers to buy all the City's right, title and interest in the real estate legally described as follows: Lot 1 of the North Airport Development Subdivision Part Two, a Resubdivision of Lots 1-4, Iowa City, IA. According to plat thereof recorded in Book 45, Page 91, plat records of Johnson County, IA. together with all the City's right, title and interest in all Improvements, if any, located on the above- described real estate, and under any easement and servitudes for the benefit of the City, free and clear of all liens, encumbrances, reservations, exceptions and modifications except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property". The Property shall be conveyed with good, clear, merchantable title, subject to the following "Permitted Exceptions": Zoning and building laws and ordinances; 2. Subject to covenants, restrictions, reservations and easements of record approved by Buyer. In consideration of the covenants and obligations contained herein, the parties agree as follows: PURCHASE PRICE. The purchase price shall be 225 000 (the "Purchase Price"), paid as follows: 2 000 in earnest which will follow this offer by separate submittal and be deposited upon acceptance of this offer, in the trust account of Iowa Realty Commercial, delivered to the City at the time of closing and transfer of possession, if any, and the balance payable in full at the time of closing and transfer of possession. 2. ABSTRACT AND TITLE. City shall promptly deliver to the Buyer for examination an abstract of title for the Property, continued to a date subsequent to the date of this Offer, prepared pursuant to Iowa Code Sections 614.29 through 614.38, Iowa Land Title Association Abstracting Standards, and Iowa Land Title Examination Standards of the Iowa State Bar Association. The abstract shall begin with the government patent to the Property and show merchantable title in City, subject only to Permitted Exceptions. The cost of the continuance of an existing abstract shall be paid by the City. The City shall pay all costs required to deliver marketable title to the Property and City shall pay the cost of any additional abstracting and/or title work due to acts or omissions of City, including transfers or death of City or assigns. The abstract shall become the property of the Buyer when the Purchase Price is paid in full. 3. DEED. At the time of closing and upon payment of the Purchase Price, City shall convey the Property to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances. ACP PurchAgmt - Final.doc Purchase and Sale Agreement Page 2 4. POSSESSION AND CLOSING. Subject to the Buyer's and City's timely performance of all obligations herein, closing shall be held at a time mutually agreed upon by City and Buyer, no later than one hundred eighty (180) days after formal approval of the agreement by the City Council of Iowa City pursuant to paragraph 16 of this agreement (the "Closing Date"). On and after the Closing Date and upon payment of the Purchase Price, the Buyer shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter, if any. 5. CONDITION OF THE PROPERTY. Buyer is purchasing the Real Estate and improvements thereon in their present condition with no warranties or representations from City regarding the condition of the property or improvements thereon. Within one .hundred twenty (120) days of formal approval of this agreement by the City Council for City pursuant to paragraph 16 of this agreement ,the Buyer, at its expense, shall have the right to conduct such investigations, inspections and inventories of the Property and conditions related to the Property, including but not limited to surveys, soil tests, well water tests and/or reports, environmental studies, review of zoning and/or other applicable legal regulations, costs of development, as it deems reasonable or necessary prior to closing. The City hereby grants the Buyer, its officers, agents, employees and independent contractors, the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of this Offer for the purposes of investigating, inspecting and performing inventories of the Property and to determine if there are any environmental deficiencies, including hazardous materials, substances, conditions, or waste. Buyer shall indemnify and hold harmless City from and against any and all expenses, claims, or losses arising from or in connection with any activities of Buyer, its officers, agents, employees, or contractors on the Property prior to the Closing Date, including without limitation, any attorney's fees or court costs occasioned by such claims. Buyer may notify City in writing of any such deficiency. Failure to do so shall be deemed a waiver of Buyer's inspection and repair rights. In the event of any claim or demand by Buyer as a result of inspections, City shall declare and commence one of the following options: (a) curing the deficiency, or (b) amending this agreement by giving Buyer a credit for the cost of curing the deficiency, or (c) canceling this agreement. If prior to the Closing Date City does not promptly cure all such deficiencies in a manner mutually agreeable to the Buyer and City, then Buyer may declare this offer null and void. 6. STATUS QUO MAINTAINED. The Property shall be preserved in its present condition and City shall deliver it intact at the time possession to the Buyer is given. All risk of loss or damage to the Property is on City until the Buyer takes possession. Prior to possession by the Buyer, City shall promptly give written notice to the Buyer of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall have the option to either: (1) take possession of the Property and accept an assignment of all City's right, title and interest in and to any claims City has under the insurance policies covering the Property; or (2) terminate this Agreement effective immediately. Buyer shall be permitted to make a walk through inspection of the property prior to possession and closing, in order to determine that there has been no material change in the condition of the property except those mutually agreed upon. 7. TAXES. City shall pay apro-rata share of any taxes on the Property (real and personal) for the fiscal year (July 1 -June 30) of Closing based on the Closing Date, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback, and real estate tax exemptions that will actually be applicable to and used for the ACP PurchAgmt - Final.doc Purchase and Sale Agreement Page 3 calculation of taxes payable in the fiscal year commencing July 1, 2009. If, at the time of closing the tax rate is not certified, then the most current, certified tax rate shall be used. The parties agree and acknowledge that the Buyer intends to remove the Property from the tax rolls. 8. REMEDIES OF THE PARTIES. In the event of default hereunder, Buyer and City is entitled to utilize any and all remedies or actions at law or in equity available to them with respect to this agreement and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 9. SPECIAL ASSESSMENTS. City shall pay in full all special assessments on the Property which have been certified to the Johnson County Treasurer for collection before the Closing Date. 10. TIME IS OF THE ESSENCE. Time is of the essence of this agreement. 11. CONTRACTS BINDING ON SUCCESSORS IN INTEREST. The document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. 12. INTENTION OF USE OF WORDS AND PHRASES. Words and phrases contained herein, including the acknowledgement clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according to the context. 13. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 14. AGENCY DISCLOSURE. City is represented in this transaction by real estate agent Peggy Slaughter of NAI Iowa Realty Commercial. 15. NOTICE. Any notice required under this agreement shall be deemed perfected when it is received in writing either by personal. delivery or upon the date of the posting of said. notice posted by Certified Mail. Such notices to City shall be sent or delivered to City of Iowa City, Attn. City Manager, 410 E. Washington St., Iowa City, Iowa, 52240. Such notices to Buyer shall be sent or delivered to George Hollins, UI Business Manager, 2660 University Capitol Centre, Iowa City, Iowa, 52242. 16. IOWA CITY COUNCIL APPROVAL. City's obligations under this agreement are contingent upon formal. approval by the City Council for Iowa City, pursuant to Section 364.7 of the Code of Iowa. City shall seek said approval promptly after acceptance of execution of this agreement by the City Manager on behalf of the City. 17. TIME FOR ACCEPTANCE. If this offer is not accepted by the City Manager on behalf of the City on or before 5:00 P.M. on July 1, 2009, it shall become void and all payments shall be returned to Buyer. 18. See Addendum 1. ACP PurchAgmt - Final.doc Purchase and Sale Agreement Page 4 - - - This Offer is presented to the City on this 22"d day of May, 2-009. ~ ~ ••• ~ ~~ ~_~~ - ~ • •-~ •~•• ~ ~ ~• BUYER: _The University of Iowa _ BY: George M. Hollins University Business Manager This offer is accepte his ~r~ day of /~«lr e?ao' ~ at CITY OF IOWA CITY, City .Manager ACP PurchAgmt - Finat.doc ADDENDUM Addendum 1 Addendum. to Offer to Buy Real Estate and Acceptance ...... - Seller:;: Cxt~.9f. Iowa. City.,.-. ., . , ,. _ Buyer: The University of Iowa 1. BUYER CONTINGENCIES. Buyer's Offer to Buy is subject to and conditioned upon satisfaction of the following contingencies: a. Final approval by the Board of Regents, State of Iowa under the terms and conditions of this Offer to Buy. b. Buyer obtaining a written commitment for financing of the purchase price from one or more lenders of Buyer's choice under such terms and conditions as may be satisfactory to Buyer. Buyer shall use reasonable diligence to satisfy these conditions. If all of these contingencies have not been satisfied, in Buyer's sole discretion, or waived by Buyer within 90 days after the date of Seller's acceptance of this Offer to Buy ("Contingency Period"), then either Buyer or Seller may thereafter terminate this agreement, unless all contingencies are sooner satisfied and/or waived, by giving written notice to the other, in which event this Offer to Buy and Acceptance shall become null and void and any earnest money paid by Buyer shall be promptly returned. Buyer's acknowledgment of satisfaction of contingencies, or Buyer's waiver of contingencies, shall be effective only if given to Seller in writing. The Contingency Period for any one or more of the contingencies may be extended by written agreement of both parties. 2. ENVIRONMENTAL MATTERS. a. Seller warrants to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous waste or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea- formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Seller shall also provide Buyer with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Property unless disclosed here: City of Iowa City B '~ Title .~ •i.y i ~t.rk K , By Title The U e ity Io a By George M. Hollins, University Business Manager By Title M f 06-30-09 -Fq0 s Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 09-220 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 DURABLE PAVEMENT MARKING 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: 1. 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 23`~ day of July, 2009. 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 meetin~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:06 p.m. on the 28 day of July, 2009, or at a special meeting called for that purpose. Passed and approved this 30th day of ATTEST: ~ ~~,. ,~-_~~r CITY CLERK pwengtres~app planspavementmarking.doc June 20 09 City Attorney's Office Li~Z 3~d 9 Resolution No. 09-220 Page 2 It was moved by Wright and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x X -~ x NAYS: ABSENT: Bailey Champion x Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc r 10 ~~!•!-I,,,,®~,~ - C! T Y O F I O W A C I T Y ~'-~.~~ DAM ~oRA~v ~~ Date: June 30, 2009 To: Iowa City City Council From: Neighborhood Council of Iowa City Re: FY2010 Program for Improving Neighborhood (PIN) Grant Recommendations The Neighborhood Council of Iowa City (NCIC) has recently reviewed the FY2010grant 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, $14,850 (after reducing the standard allocation of $15,000 by 1%) 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 in 2008 and made some minor changes. This year, seven grant applications from four neighborhood associations totaling $18,904 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 June 16, 2009 meeting. Attached are the applications that have been recommended for funding. The neighborhood association's representatives will provide a brief presentation of the recommended 2010 Program for Improving Neighborhoods (PIN) Grants at your June 16 City Council meeting. We look forward to discussing the 2010 PIN Grant applications with you then. Fiscal Year 2010 Requests PIN Grant Requests Requested Recommended Longfellow Neighborhood Association $5000 $2740 Sidewalk Repair Assistance Longfellow Neighborhood Association $4054 $3510 Paved Connector Creekside Neighborhood Association $5000 $3750 Sidewalk Repair Grant Wood Neighborhood Association $1000 $1000 Neighborhood Cleanup Grant Wood Neighborhood Association $600 $600 Harvest Party Grant Wood Neighborhood Association $750 $750 Workshops at Grant Wood Gym Grant Wood Neighborhood Association $2000 $2000 Skate Activities at Grant Wood Gym Miller Orchard Neighborhood Association $500 $500 Miller Orchard Gardens TOTAL $18,904.00 $14,850 ~ r ®~~~ -~a_as__ CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Name of Neighborhood Association: Sidewalk repair assistance Lon fellow Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: sons: Public sidewalks throughout the neighborhood Ann Khan Location is: Public property Private property ^ 923 Dearborn St., Iowa City, IA 52240-6100 School District property ^ (319) 354-8413 Amount of Funds Requested: Time Period of Proposed Project: $ 5,000 From: July 2009 To: August 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 our annual garden tour and block party. We have a regular newsletter and meet as needed. 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 neighborhood is an established and aging neighborhood. We want to be able to assist residents with the cost of replacing sidewalk squares in cases where it will cause excepttional 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 potentia- resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed C:\Documents and Settings\mklingaman\Local Settings\Temporary Internet Files\OLK60\InaPIN2009 (2).doc 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. ^ ^ ^ ^ 4. ^ ^ ^ ^ 5. ^ ^ ^ ^ Page 2 PROGRAM FOR IlVIPROVIlVG NEIGHBORHOODS E. Describe the process used to so-icit neighborhood input into this funding request and summarize results: We discussed and voted on the idea at our January reorganizational meeting. Everyone thought it was a great idea. 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 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 will be funded at 50% of the sidewalk repair costs. 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 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 pages if necessary C:\Documents and Settings\mklingaman\Local Settings\Temporary Internet Files\OLK60\InaPIN2009 (2).doc 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. Sidewalk squares $1500 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 PKUVlut ut ~ H~t_5 ur tsuu~c 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 C:\Documents and Settings\mklingaman\Local Settings\Temporary Internet Files\OLK60\InaPIN2009 (2).doc 1 r PROGF~M FOR _.:. ®~,~ ~ '"' ~~ IMPROVING NEIGHBORHOODS --~~_ PIN Grant Program Application CITY OF IOWA CITY Name of Project: Name of Neighborhood Association: Paved Connector Lon fellow Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: sons: Jeff Schabilion Location is: Public property mostly easement 431 Rundell Private property some private t ^ i t l Di t h S Ph. 351-0872 proper y r c s c oo Amount of Funds Requested: Time Period of Proposed Project: (2009 Construction Season) $ 4,054.00 From: May To: October A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. Please refer to Part A, Additional (Page 3) Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals. Please refer to Part B, Additional (Page 4) 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). All American Concrete, Inc. would complete construction during the 2009 construction season. There would be no disruption of pedestrian or bike traffic on the Nature Trail during construction. Multi-year phasing is not necessary, needed, or practical. 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.Preparation of easement documents, Craig Willis ® ^ ^ 2.Payment to co-owners for easement, Jeff Schabilion ^ ® ^ 3. ^ ^ ^ ^ 4. ^ ^ ^ ^ 5. ^ ^ ^ ^ C:\Documents and Settings\mklingaman\Local Settings\Temporary Internet Files\OLK60\LNA 2009 PIN Grant Application (4).doc Page 2 PROGRAM FOR IlVIPROVIlVG NEIGI~ORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: Please see Part A, Additional (Page 3) Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Please see Part F, Additional (Page 4) Add additional pages if necessary. G. Could the project occur without PIN funding? The $4,054.00 cost of the paving contract is well beyond the financial resources of the Longfellow Neighborhood Association. Add additional pages if necessary. H. Could the project operate with less funding? To complete the project would require a minimum of $4,054.00. Add additional pages if necessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $ $ J. Project Materials $ $ K. Professional Services $ $320.00 (donated) Craig Willis (pro bono) L. Contracted Improvements $4, 054.00 $ M. Other Costs(List) $ $2,200 (donation) Jeff Schabilion $ $ TOTALS $4, 054.00 $2,520 r~r-rwn r / '1 t- of lrl/"CT • ADD ADDITlUNAL F'AC,tS I U rKUViVt Vc i ~~J yr ww~ 1 P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding C:\Documents and Settings\mklingaman\Local Settings\Temporary Internet Files\OLK60\LNA 2009 PIN Grant Application (4).doc Page 3 Part A, Additional For many years the Longfellow Neighborhood Association's Executive Committees have authorized informal study groups to oversee the PIN grant related activities. Each year, via the Association's newsletters (The Long View) and its annual meetings, updates are given concerning previous PIN Grant projects and requests are made for new grant proposals. In 2007 preliminary work began investigating the feasibility fora "Paved Connector" to link the pedestrian tunnel with the Longfellow Court roadway. Members of Longfellow Manor's Home Owner's Association (owners of the Longfellow Court roadway) were approached to get their initial reaction concerning the need and desirability for such a connection. Following up on these initial contacts, Jeff Schabilion met with the Executive Committee of the Home Owner's Association to go over a preliminary proposal to discuss any questions or concerns they might have. Those Executive Committee members subsequently reported the ongoing planning for the "Connector" at their annual Home Owner's Association meeting. On May 5th, 2008, an onsite meeting took place, which included representatives from the following groups: The Longfellow Neighborhood Association, the Longfellow Manor Home Owner's Association, the Iowa City Neighborhood Services Coordinator, Iowa City Engineering and Traffic Planning, and All American Concrete, Inc. At that meeting the participants discussed various construction details and legal concerns. On July 13th, the Longfellow Neighborhood Association held its annual "Garden Walk About," which featured five neighborhood water gardens and an invitation to visit the Nature Trail where participants could see the proposed "Connector" with Longfellow Court. On August 8th, Gene Goddard of All American Concrete, Inc. submitted a written quote of $4,054 for the construction of the paved "Connector" in accordance with what had been specified at the May meeting. At the January 7th, 2009, annual General Meeting of the full LNA, the "Paved Connector" plan was discussed and approved for PIN grant application. As subsequent planning for the PIN grant application proceeded, it was discovered that the proposed construction would necessitate getting an easement from the co-owners of the property adjacent to the Nature Trail. To handle the legal aspects associated with such an easement, Craig Willis (Security Abstracts Co.) has volunteered to work with the co-owners and the City's legal staff. Jeff Schabilion (Member of the LNA Executive Committee) has volunteered to contribute the $2,200 that the property owners have requested for the easement. C:\Documents and Settings\mklingaman\Local Settings\Temporary Internet Files\OLK60\LNA 2009 PIN Grant Application (4).doc Page 4 Part B, Additional The goal of the "Connector" project is to eliminate existing hazards associated with the Longfellow Nature Trail and to significantly improve its effectiveness in accommodating a variety of needs. Since the completion in 2001 of the pedestrian tunnel at the south end of the Nature Trail, there have been ever growing numbers of pedestrians and bicyclists utilizing the route. The tunnel has facilitated daily commuters to and from the adjoining Longfellow and Mark Twain neighborhoods to the central btrict and arreas to the south Unfortunately, therNature T~allwas Sycamore Mall commercial d neither designed nor built to accommodate such significant commuter traffic. Its narrow width and recycled asphalt surfacing, which are fine and suitable for a nature trail, do not function well for a daily commuter thoroughfare where numerous slow moving people, including those walking dogs or pushing children in strollers, compete with faster moving joggers and still faster moving bikes. Over the past two years a growing number of Nature Trail users have been avoiding this congestion, and the occasionally floppy prairie plants, by using the Longfellow Court roadway as a convenient alternate route necessitating an unofficial off-road shortcut to access the tunnel which was built at the south end of the Where the dirt or mud) traitlmeets the paved oadway ut has its hazards as there is no curb cut ~ The unpaved trail also becomes slippery in wet or snowy weather. Fortunately the proposed "Paved Connector" would remedy these problems and would provide bikers and less adventurous pedestrians with an alternate route by utilizing Longfellow Court, which is fully paved, 20 feet in width, has only very low local automobile traffic, and which has regular, contracted snow removal. Part F, Additional Because this project would improve a public thoroughfare, it potentially benefits all Iowa City residents. Presently a significant number of elderly neighborhood residents regularly use the Nature Trail to exercise their dogs and themselves. Whether by choice or economic circumstances, increasing numbers of adults and children are utilizing the trail and tunnel route. This grant would vastly improve the safety and effectiveness of the transportation route and the Nature Trail. C:\Documents and Settings\mklingaman\Local Settings\Temporary Internet Files\OLK60\LNA 2009 PIN Grant Application (4).doc June 9, 2009 Neighborhood Council of Iowa City Iowa City City Council 410 E Washington St. Iowa City, Iowa 52240 Re: Longfellow Paved Connector -PIN Grant Original location of this connector trail required that there be a negotiation of easement with the joint property owners and this proved to be unsuccessful. A relocation of the connector trail required less concrete and a rebid of the project by All American Concrete, and therefore reducing the total cost from $4045 to $3510. Sincerely, ~. Jeff Schabilion Longfellow Neighborhood Association Main Office: 319-627-2226 Fax :319-627-7235 Gene's No._:3l9-627-2221 Fax :319-627-2227 E-mail : aaci@lcom.net 507 E. Rainbow Dr. West Liberty, LA 52776 Bike Path Quote: Complete This project is to install a 8' wide path from the existing path to the street. Lump sum $ 3,510.00 Notes: includes: removing pcc curb, diamond saw cutting the edge of the asphalt, grading and dirtwork, installing new pcc path 8' wide 6" thick, and back-fill. Respectfully Submitted: Gene Goddard -Est. All American Concrete Inca 5/7/2009 .~ A-~ Johnson County GIS Online Page 1 of 1 http://www.johnson-county.com/servlet/com.esri.esrimap.Esrimap?ServiceName jcmapOv... 6/9/2009 ~ r II I +r' ~ ~ '` ,~®~~~ CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Sidewalk Repair Name/Address/Phone Numbers of Contact Per- sons: Garry Klein 628 Second Avenue Iowa City, IA 52245 Maggie McKnight 2127 Friendship Street Iowa City, IA 52245 Amount of Funds Requested: Name of Neighborhood Association: Creekside Neighborhood Location of Proposed Project: Creekside Neighborhood Sidewalks Location is: Public property Private property ^ School District property ^ Time Period of Proposed Project: $ 5,000 I From:July 2009 To:June 2010 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 the issue of sidewalk repairs. In addition, we have held several informal meetings about sidewalk-related issues. There have been numerous email communications between sub-committee members and city officials related to facilitating the sidewalk repairs and coordinating mailings and repairs. Members of the neighborhood have participated in the Central District Planning Process, the Towncrest Center Renewal Project, and the Recreation and Trail Master Plan meetings. Our representative has attended two Neighborhood Council meetings and we have recently heard from several people who are interested in revitalizing the Neighborhood Association. We have sent out three mailings regarding the sidewalk repair issue. Add additional pages if B. Describe the project; why is it needed and what are its goals. All the sidewalks in our neighborhood were inspected last summer by the city sidewalk repair program, and marks were made for necessary replacement due to damage/wear. The sidewalk squares marked by the city must be replaced by May 15, 2009. Our neighborhood has a number of low-income and elderly households. We want to be able to assist residents with the cost of replacing sidewalk squares in cases where it will cause exceptional hardship, and we want homeowners who are near public transit to have the choice of installing sidewalks as fund are available. After the sidewalk repairs are completed, the Neighborhood Association will create and send out a flier with helpful sidewalk maintenance tips, to keep future sidewalk damage to a minimum and to prevent unneeded sidewalk repairs. 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 inspected sidewalks and sent out letters about required repairs last summer. After the letters from the city went out, the Neighborhood Association sent out a postcard announcing a meeting to discuss the PIN Grant process. The meeting was held last fall. We sent out a reminder postcard in February and began accepting applications for possible assistance for spring repairs. Also, a group rate was arranged via the Morningside-Glendale Neighborhood Association with Herrold's Concrete, and we have informed our neighborhood of this option. Applications for possible assistance are being sent to those who responded to the postcard, and the deadline for applying for assistance is March 24. Add additional pages if necessary. D. List the names of potential resources (neighborhood and other) that will be utilized in this project: 1.Planning and Implementing Project Working with contractors and city, mailings, facilating resident application requests, etc. Type Status Volunteer Cash Anticipated Committed ® ^ ^ 2.Reduced rate from Herrold's Concrete ® ~ ~ Herrold's Concrete has set a rate of $105/sidewalk square for those neighbors interested in participating. 3. 4. 5. Page 2 ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ ^ ^ PROGRAM FOR IIVIPROVIIITG NEIGI~ORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: After we received letters from the city requiring us to repair our sidewalks, we held a general meeting to discuss concerns related to the sidewalk repairs and to strategize a neighborhood response to the concerns raised. Following the meeting, an email was sent by our neighborhood representative to solicit volunteers to assist with the PIN Grant process. A meeting will be held this spring with a representative Herrold's Concrete to discuss the group rate and repair process. Add additional pages if necessary F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. With the PIN Grant, we propose to pay 75% of the cost of sidewalk repair for households who meet the City guidelines for low incomes, with those households with the largest number of squares to replace receiving the highest priority. The next priority, after those meeting the low income guideline, will be those residents with a moderate income but who are above the median income. Once again, those households with the largest number of squares to replace will receive highest priority, and will be funded at 50% of the cost. The Creekside neighborhood has 25.8% of its residents living below the poverty line according to the US Census estimate for 2007. According to the Morningside-Glendale PIN Grant application from last year, the estimated cost from the city to replace a sidewalk square is $100-125. 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 Iowa City Neighborhoods they inspected. They inspect approximately 1/10 of the city neighborhoods each year. Add additional pages if necessary. G. Could the project occur without PIN funding? We would not be able to assist anyone in the cost of repairs, but the group rate would still be available. 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 pages if necessary 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) $5000 $ $Residents' contributions Reimbursement for sidewalk squares replaced/repaired at 75% cost for low income, and 50% for moderate income. The breakdown between the two categories will be determined by demand. TOTALS $5000 $ $ • 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 PROGF~M FOR ~_.=.®~r ~` .~ `" , ~'~ IMPROVING NEIGHBORHOODS -~~ PIN Grant Program Application CITY OF IOWA CITY Name of Project: Name of Neighborhood Association: Grant Wood Neighborhood Cleanup Grant Wood Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: sons: 2503 Aster Ave, IC 52240 Chris Harms Location is: Public property _X_ , Phone (cell) 325-5850 Private property _X_ School District property _X Amount of Funds Requested: Time Period of Proposed Project: Sept or Oct 2009 (One day event) $ 1000.00 From: To: A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months.: See Attached Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals This project is to clean up the Grant Wood Neighborhood. Reclaiming Roots would gather volunteers from their organization along with volunteers from the Grant Wood Neighborhood and together would make a difference by mowing lawns, raking leaves, pruning trees, trimming shrubs, removing yard waste, cleaning-up discarded junk in yards and would partner with a refuse company to take garbage/hazardous material to the landfill. Many people in our neighborhood do not have the means or finances to pay to have their broken or "junk" transported to the landfill. This project would get rid of unwanted, and unsightly junk and would beautify the neighborhood. 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 project would be a one day event starting with 1St shift working from 9-noon and 2"d shift from 1-3. With lunch provided to all volunteers. 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.Reclaiming Roots x ~ ~ x 2.Grant Wood Neighborhood x ~ ~ x 3. Organizations such as Boy/Girl Scouts x ~ x 4.Refuse removal company ~ x x ~ 5.HyVee ~ x xx ~ Page 2 PROGRf~M FOR IlVIPROVIlVG NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: Reclaiming Roots held a similar event in the GW neighborhood in October'07. It was a huge success and we have been asked by many neighbors if this event would be happening again. Grant Wood Neighborhood Association would send out information in their newsletter instructing anyone who would like help with yard clean up to contact them and they would be put on a list. We would also ask for volunteers who would help that day. Then we would compile this list and meet with Reclaiming Roots to assign addresses and volunteers. This is a good way to network within the neighborhood. 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 anyone who had a need for yard work help or discarding of junk. It would give volunteers from the neighborhood a sense of purpose and would help these people who may not be able to do this clean-up on their own. 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, after long discussion with Reclaiming Roots we will need to pay for the refuse and landfill costs. Add additional pages if necessary. H. Could the project operate with less funding? No, Reclaiming Roots has contacted these agencies and feels that it will cost at least $1000 and maybe more. If it is more the GWNA will be responsible for any outstanding costs. Add additional pages if necessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $ $ J. Project Materials K. Professional Services L. Contracted Improvements $950.00 Any costs above this amount will be the responsibility of the GWNA M. Other Costs(List) Food $50 HyVee may be able to provide some of the items so we won't have to pay for the entire lunch. TOTALS $1000.00 $ $ ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGE 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 The GWNA has been very active this year. The following are activities we have held or participated in: • Neighborhood Council Meetings (attended all but 1) • GWNA monthly meetings (held 3rd Thursday monthly) • Fund raising for "Splash Pad" to be built at Wetherby Park (raised $182,000 so far) (Joint effort Grant Wood &Wetherby Association) a. Interviewed for splash pad article which appeared in CR Gazette & IC Press Citizen b. Grant Wood School Ice Cream Social (handed out information on splash pad) August `08 c. Pizza Ranch fundraiser, October `08(proceeds going to "Splash Pad") d. Garage Sale, April '09 (all proceeds will go to "Splash Pad" • Harvest Party (3rd annual) • Speakers at GW Gymnasium (each event is promoted in GW newsletter, book bags at GW School & press releases) a. After School Safety, September '08 (IC Police Dept, Fire Dept & Ambulance Service) b. Positive Conflict Resolution, October '08 (IC Police Dept & Mediation Specialist) c. Red Cross Certification for 12 babysitters, November `08(Red Cross) d. Home Improvement & Maintenance, January '09 (Ace Hardware) e. Pet Care Fair, March '09 (Friends of Animal Center Foundation and many other animal organizations) £ Curb Appeal & Care of Hardy Plantings, March '09 (Board of Realtors & IC Landscaping) g. Outdoor Safety Day, April 09 (Wrapping up final details-Safety Village, Bike Rodeo, Bike registration to name a few of the events) • Interviewed for Crime story in Press Citizen • Dottie Ray Radio show -Promote Pet Care Fair & GWNA • Movie Nights at GW gym and Outdoor movie at Wetherby Park • Met with Mike Moran on several occasions to discuss Neighborhood Activities in GW gym • Contacted PTO at GW to promote activities on GW Marquee • Met with several members of a local church to see if we could find projects to partner together with • Volunteered for Reclaiming Roots on 2 projects (White House & Basement remodeling of Jessup Hall for the James Gang) ~ 1 r PROGR~IM FOR ~_.:.®~ ~ ""' ~'~ IMPROVING NEIGHBORHOODS -•~_as__ PIN Grant Program Application CITY OF IOWA CITY Name of Project: Name of Neighborhood Association: Grant Wood Harvest Party Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: Grant Wood Gym sons: Chris Harms Location is: Public property _X 2503 Aster Avenue Private property X School District property Iowa City, to 52242 _ 319-325-5850 Amount of Funds Requested: Time Period of Proposed Project: October 17, 2009 $ 600 From: To: A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months: Please see attached sheet 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 3 years. This party is to bring everyone in the GW neighborhood together so that all can interact with each other in a safe, comfortable, and fun setting. If we can have positive interaction between "neighbors" in our area, we feel that incidents of criminal activity will be lowered and will encourage people to get to know each other and bond as a neighborhood. We want to encourage "community" within our neighborhood. We hope to promote more involvement in the neighborhood association as well. This event has proven to be very successful in the past. GW school principal attended and thought it was a great idea and hope the Harvest Party event will continue. She will be promoting this event even more this year than she has in the past. We expect to have an even bigger turn out than at our previous Harvest Party's. 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) Harvest Party is scheduled for October 17 from 4-7. Set up will start October 16, from 6-10 and continue on October 17 from 8-until party begins. Activities will include -Jumping inflatable, fish pond for small children, fortune teller (this was a tremendous hit last year -this person and made a very positive impact on many of the children who attended this event), haunted house, face painting, ring toss, costume contest, police officer hands out stickers and talks & interacts with the kids and adults in anon-threatening environment, firefighters let everyone check out the fire truck and hands out candy and many others. We serve free food to everyone and give away many prizes. 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.Business Donations x x x x 2.Grant Wood Neighbors & Friends x x ~ x 3.Police Dept x ~ x ~ 4.Fire Dept x ~ X ~ 5.Private Donations ~ X X ~ Page 2 PROGRAM FOR IlIII'ROVIl~TG NEIGI~ORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: The Grant Wood Neighborhood Association meets monthly to discuss events for stimulating our neighborhood. We have also asked for feedback in our newsletters that go out to over 960 households. After much discussion the GWNA feels that this event is crucial to our mission of improving our neighborhood by building relationships & by bringing its families together through social events. We feel that this is a VERY important event that everyone in our neighborhood can attend no matter what their soci-economic status is. Because our neighborhood has many families in the lower income bracket we do not charge for this event. With the economy as it is, this event will not put a strain on any family's budget. We also have had very good feedback from this event. Many people have come up to us, at and after the event and thanked us for organizing and having this party for the neighborhood. They have told us how they and their children have looked forward to coming and being together as a family where it is safe and they can meet their children's friends and parents in a setting other than at a school event. Relationships have been formed during this event. The Grant Wood School principal came this past year and said what a wonderful time her and her children had and that she would be promoting the Harvest Party even more this year so we expect even more people will be in attendance. We estimate we have between 400-500 people who attend this event. Add additional pages if necessary F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, this party does benefit low income, elderly, youth & other disadvantaged youth. Many elderly grandparents have come with their grandchildren and feel that this event is a safe place for them to bring these children to have some fun and to maybe wear the kids out a little bit. Also some elderly come to watch and have free food. This event enables low income parents to bring their children to a place to have fun and get fed and they don't have to worry about telling them that the event would cost too much to attend. This party is for all in the Grant Wood community and we especially feel that youth and disadvantaged youth can come and forget about all their problems, relax and have a night of fun. In this setting everyone is having fun, laughing, playing games, eating, socializing and just interacting with each other. It is a joy to just watch these families go from game to game and laugh and interact with each other. Our mission is to achieve a neighborhood in which these interactions can carry over for all who live there and we can bring a sense of "community' within our neighborhood. 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, we as a Neighborhood Association feel that the Harvest Party is our #1 goal to getting our neighborhood to be a safe and comfortable place to live. In this economy we do not feel that we can get the contributions that we have gotten in the past. We had to struggle last year to get enough donations with the flood and this year is not going to be any easier with costs of food going up and businesses and individuals cutting back on their giving. We have, in the past, gotten a discount on supplies, equipment and food but we are not guaranteed that will continue. Add additional pages if necessary. H. Could the project operate with less funding? We feel that $600 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 as a Neighborhood Association have completely ruled out charging for admission We want this to be an event that ALL in our neighborhood can attend. We have so many low income families in our neighborhood and we feel that these families would not be able to attend if there was a cost involved, 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. Equipment/Supplies $250 $300 Business/Private donations J. Project Materials K. Professional Services L. Contracted Improvements M. Other Costs(List) Flyers Food/Candy $350 $350 Business/Private donations TOTALS $600 $750 $1350 ADD ADDITIONAL PAGES TO PROVIDE ut i A1L5 ur ~uu~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 ~:..r ®~r ,~®~~~ CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Name of Neighborhood Association: Grant Wood Workshops at Grant Wood Gym Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: sons: Chris Harms, 2503 Aster Avenue, IC 52240 Location is: Public property X_ Private property X Phone -Cell 325-5850 School District property X_ Amount of Funds Requested: Time Period of Proposed Project: From: July 2009 To: May 2010 $ 750.00 A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months: See Attached NOTE -List of last year's activities budget will be attached next week. Add additional pages if necessary. 6. 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, to achieve our mission to improve the overall quality of life in the Grant Wood neighborhood. In order to do this, we have held events with educational opportunities, workshops, and other activities to get neighborhood involvement and some workshops we have included community involvement as well. Our goal is to make our neighborhood appealing to all, those who live within our neighborhood and those who come to events held in our neighborhood. We look for needs within our neighborhood and try to address those with speakers/workshops on those topics. Our goal is to have at least one workshop per month. 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 following is a tentative list of speakers/workshops we will be doing if this PIN grant is approved: Partner with Ace Hardware to do a hands-on Home Improvement/Maintenance workshop, Pest Control workshop, Landscaping professional teaching how to improve your yard with bricks/garden edging/ponds, Johnson County Extension Service, Master Gardener, Pet Care event, senior citizen bingo and/or coffee time, Child Care Fair, Tree planting event, Fire Prevention Day ,Mental Health workshop, and more. Add additional pages if necessary. D. List the names of potential resources (neighborhood and other) that will be utilized in this project: 1.GWNA 2.Ace Hardware 3.Friends of Animal Foundation/Animal Shelter 4.Johnson County Extension Service 5.Police,Fire & Ambulance Service Page 2 Type Status Volunteer Cash Anticipated Committed x ~ x x x ~ X x x ~ x x ~ x x ~ x ~ PROGRAM FOR IIVIPROVIlVG NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: We have discussed these topics at our GWNA meetings, in our newsletter, and at events that we previously have held. We feel the workshops that we had funded in last year's PIN Grant, were for the most part, very well attended and we got a lot of positive feedback from the attendees. They asked us if we would be able to have these workshops again next year and would like to promote them by talking to their neighbors and friends, some of which were unable to attend because of a scheduling conflict. We feel that these workshops are a way to promote our neighborhood and our mission to improve the overall quality of life in the Grant Wood neighborhood. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, the events will be free and open to all. We had people of all ages at several of our previous workshops and will promote attendance for all in the PIN grant we are applying for now. We feel that everyone in our neighborhood should benefit from the workshops we put on. We try to have the PTO at GW put the information on the Marquee at GW school, we post flyers in the area, we put the information in our newsletters, we have posters distributed at GW school, we advertised the event by putting press releases in the Press Citizen and by word of mouth. 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, we feel that these workshops would not 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 in order to get speakers we need to give these organizations an incentive to be willing to present information at these workshops. Add additional pages if necessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $ $ May be supplied by presenter J. Project Materials(marketing $150.00 flyers) K. Professional Services L. Contracted Improvements M. Other Costs(List) workbooks, $100.00 prizes, trees, helmets Honorarium for 10 speakers @ $500.00 $50 each TOTALS $750.00 $ $ • ADD ADDITIONAL PAGtS I U f'KUVlut ut i HiLS ur ~suu~c 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 -~.®~ ~ur~~~~ .~,®,~~~ ~~_ CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Name of Neighborhood Association: Skate Activities at Grant Wood G m Grant Wood Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: sons:Chris Harms, 2503 Aster Avenue, IC 52240 Location is: Public property ^ X Cell phone - 325-5850 Private property ^ School District property ^X Amount of Funds Requested: Time Period of Proposed Project: $ 2000 From:August 09 To:indefinate A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. See attached information Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals. This project is to purchase skates for roller skating at the Grant Wood Gym. The goal is to provide a safe and fun activity for children and adults in the Grant Wood Neighborhood. Although our goal is to give our neighborhood a new and fun activity in the gym &also try to keep children from walking the streets and possibly using poor judgment in their activities, we would also welcome anyone in the community to participate. We would like to offer this activity weekly on a Friday night. If funding is approved, we would work with the Iowa City Park & Recreation Dept. to start this project and GWNA would oversee that it runs smoothly. The skates would be stored in a locked closet at Grant Wood School so they would not have to be transported. This would ensure that the skates would always be available and would help with wear and tear if they are not transported on a weekly basis. After talking with the IC Park & Recreation Dept. staff, they feel that this is a worthy project for us to undertake and that they are very supportive of this activity. They feel that not only would it give utilization to the gym but would keep these children/adults active in a safe environment and would also help with the obesity problem that many are facing. This activity burns calories while having fun. We also feel that in the future we could have roller skating parties, fun related competition and other events centered around roller skating. With the gym being used for Woman's Roller Derby practice, we have had many questions as to why we can't have roller skating activities at the gym. We are seeing a lot of renewed interest in this sport. We had concerns about the roller skates damaging the gym floor but after discussion with the school custodian and Park & Rec. Dept. it was determined that the skates we would be purchasing would not present any damage to the gymnasium floor. After discussion with Brian Armbruster, sales representative for Midwest Skate Company, the skates that we would be purchasing, if this grant is approved ,would be the type recommended for use on the gymnasium floors and have been previously used on these floors with no damage being incurred to the floor. The $2000 should purchase around 35 pairs of skates. The Iowa City Park & Rec Dept has purchased equipment from Midwest Skate Company in the past and feel they are a reliable vendor. Add additional pages if necessary. C:\Documents and Settings\mklingaman\Local Settings\Temporary Internet Files\OLK60\Skate Acitivities at GW Gym (2).doc 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). Roller Skating for children and adults one night per week from Grant Wood area and the rest of the Iowa City and surrounding communities. The discussion was to have this activity on Friday nights. This would be further discussed if this grant is approved. This activity has the possibility of going on indefinitely. Roller Skating at the Grant Wood gymnasium would be a way for people to get out of the home to enjoy a free activity which will not only be fun but is good exercise in a relaxed and safe environment. We feel that we can build upon this by having skating parties in the gym possibly for birthdays, competition skating, and other activities that can be incorporated with skating fun. Although we have not discussed this with Physical educations teachers, there may be discussion in the future to incorporate this into a school activity. There are many potential outreach programs (after school care and others that may benefit from the use of these skates) which is yet to be determined. 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.lowa City Park & Recreation Dept. x^ ^ ^ x^ 2.Grant Wood Neighborhood Association x^ ^ ^ x^ 3.Midwest Skate Company ^ ~ ^ x^ 4.IC Community and surrounding towns x^ ^ ^x ^ 5. Possibly GW school staff ^ ^ x^ ^ Page 2 PROGRAM FOR IlVIPROVIlITG NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: We have networked with neighbors, put information in our newsletters, discussed in our monthly meetings and talked to Park & Rec staff about the possibility of having skate night at the Gym. We have had a lot of interest now that the Woman's Roller Derby team has been practicing in the gym. We have only had positive response for this. Everyone feels that we need more activities for the children/adults & families to do. There are a lot of people in our area that cannot afford to do activities that cost money. Skating would be free which would help these families/people have safe place to go and bond as a neighborhood and have fun. The GWNA mission is to improve the overall quality of life by building relationships in and around the community. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, low income people would be able to participate because this activity would be free and open to everyone. Even a lot of children/adults with handicaps can roller skate and if they have workers they can skate along with them and help them. It is an activity that elderly can take part in by either coming to skate or by bringing their grandchildren/neighbor/friends children to or just come to watch. Many people years ago grew up roller skating and would like the chance to do so again, in a relaxed and safe environment. Social events are good for everyone and enhances the overall quality of life in our neighborhood and gives a sense of well being and purpose to all that participate 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 C:\Documents and Settings\mklingaman\Local Settings\Temporary Internet Files\OLK60\Skate Acitivities at GW Gym (2).doc and is on the rise. Add additional pages if necessary. G. Could the project occur without PIN funding? NO, after much discussion this activity could not happen without Pin Grant funding. The Park & Recreation Dept does not have any money in their budget for skates at GW. They have put a lot of their money into the new "splash pad "that will be built at Wetherby Park this summer. Add additional pages if necessary. H. Could the project operate with less funding? No, in order to get this project off the ground we would need to buy enough skates so that we would not want to turn anyone away who has made the effort to come to the gym to have a fun night of skating. We feel that if we did have to turn them away they would probably not come back and that certainly is not our neighborhood mission. We are always looking for activities which are fun and are free because of the diverse population in our neighborhood and community. Add additional pages if necessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies Skates $2000 $ $ J. Project Materials $ $ $ K. Professional Services $ Park & Rec Funding $ for supervision/no cost to the GWNA L. Contracted Improvements $ $ $ M. Other Costs(List) $ $ $ Misc $ $ $ TOTALS $ $ $ • ADD ADDITIONAL PAGES TU PKUVlut ut i A1L5 ur tsuu~t i P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does notguarantee any level of funding C:\Documents and Settings\mklingaman\Local Settings\Temporary Internet Files\OLK60\Skate Acitivities at GW Gym (2).doc ~~~~ ~Ifl.~, ®~uq .~.. [f"C 1' CJF IG~l6"vt~ ~ttY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Miller Orchard Gardens Name/Address/Phone Numbers of ContactPer- sons: Katherine Parker Bryden 224 W. BentiJn St., Iowa City IA52246-5505 31966-9445 Amount of Funds Requested: $ 500 Name of Neighborhood Association: Miller Orchard Neighborhood Association Location of Proposed Project: median spaces on Orchard and Benton Sts. Location is: Public property ~ Private property ^ School District property ^ Time Period of Proposed Project From: March 15. 2009 To: Oct 15 2009 & beyond A Brieflydescribe the activities (meetings, newslet~rs, events, participation in the Neighborhood Council, etc.) ofthe neighborhood association overthe past 12 months. Please see attached page. Add additional pages ifnecessary. B. Describe the project; why is itneeded and what are its goals. Please see attached page. Add additional pages ifnecessary. C. General Listand Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). Please see attached page. Add additional pages ifnecessary. D. List the names of po~ntial resources (neighborhood and other) thatwill be utilized in this project: Type Status Volunteer Cash Anticipated Comrritted 1. Backyard Abundance, Fred Meyer (Master Gardener) pp ^ ~ ^ 2. bwa City Assn. of Realtors Tool Lending Library ^D ^ ^ ~ 3. bwa City Landscaping 0 ^ ^ ~ 4. Noah Kemp/Professional Muffler (rototilling) ^D ^ ^ ~ 5. Hiller Orchard residents ^x ^ ~ ~ Macintosh HD:Users:katherineparker:Desktop:Showalter_Community_Garden:pinapplication_garden31409.doc Page 2 PROGRAM FOR IMPROVING NEIGHBORHOODS E. Describe the process used to solicit neighborhood input inb~ this funding request and summarize results Add additional pages if necessary F. Does this project benefit lowincome, elderly, youth or other disadvantaged youth? If yes, please e~lain. Add additional pages if necessary G. Could the project occur without PIN funding? Add additional pages if necessary H. Could the project operate with less funding? Add additional pages ifnecessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LISTSOURCE OF OTHER FUNDS I. Equipment/Supplies $ $ $ borrow/donation J. Project Materials $ 500 $ $ K. Professional Services $ $ $ volunteer organization L. Contracted Improvements $ $ $ M. Other Costs(List) $ $ $ $ $ $ TOTALS $ 500 ~ ~ ADD ADDITIONAL PAGtS I U PKUVIUt ut iHi~ ur tsuv~~i Please note Submssion of an application for funding through the Program for Improving Neighborhoods GrantProgram doesnotguara~tee any ~vel of funding Macintosh HD:Users:katherineparker:Desktop:Showalter_Community_Garden:pinapplication_garden31409.doc A. Briefly describe the activities (meetings, newsletters, events, participation in the Nei~borhood Council etc,) of the neighborhood association over the past 12 months. This information can include social events, boan~l meetings, steering committee meetings, etc. This information provides some indication of past history of the nei~borhood. The Miller Orchard Neighborhood Association had an initial meeting with Neighborhood Seruces Coordinator Marcia Bollinger from the Iowa City Planning Department and a group of University of Iowa Urban and Regional Planning students in Fall 2008 to discuss goals for the Neighborhood Improvement Plan. The U&RP students sent out a survey to all the Miller Orchard residents. Using the survey results as a beginning point, we identified a number of concerns that have been the focus of four targeted meetings this winter: making the neighborhood more friendly to pedestrians and cyclists, building connections between the business and residential components of the neighborhood, adding beauty to the area, and nurturing a sense of community identity and connectedness among the residents. The Neighborhood Association and City have kept residents apprised of our progress with newsletters and a webpage. 10-20 residents have attended each of the planning meetings. Project: Median Flowers We would like to plant flowers (hardy, short-statured Iowa native plants) in the public right-of-way medians along Benton Street. We will give priority to medians located in front of properties where owners and residents would be willing to be responsible for their upkeep, and we plan to have a neighborhood planting workday. We have identified the following plants as good candidates for thriving in the median spaces and wilt work with Backyard Abundance gardener Fred Meyer on designing planting arrangements: yarrow, butterfly milkweed, tickseed, purple coneflower, iris, Kansas gayfeather, blazingstar, lilies, black-eyed susan. Iowa City Landscaping also recommended a number of small shrubs that would be hardy and low-maintenance: boxwood, Goldmound spires, summersweet, and Little Henry Sweetspire. They can obtain 400 3" pots of plants for us at $1.25/plant and recommend one plant/3-4 sq. ft. It is our hope that these initial plants will be tended by the homeowners and will then help us to continue seeding the medians with new plants over the next few years. We can obtain mulch at no cost from the City's large mulch pile. Increasing green space and improving the aesthetics will benefit neighborhood residents in many ways: Economic • increases property values in the vicinity; • attracts potential home-owners to the area; Aesthetic • adds beauty and 'curb appeal' to the neighborhood; • replaces blank areas with well-tended greenery. Social • increases community identity and promotes neighborly behavior; • decreases crime rates; • gardening projects involve group decisions, problem solving, and negotiation; Macintosh HD:Users:katherineparker:Desktop:Showalter_Community_Garden:pinapplication_garden31409.doc Social (ctd.) • promotes cross-cultural exchange in a neighborhood with a variety of ethnicities and income levels represented; • enhances quality of life by providing green space and a safer environment. Safety and Health: • plantings will make the neighborhood feel more like a residential area and will eventually make the street feel a little narrower, both of which we are hoping will have the effect of encouraging motorists to reduce their speeds. • promotes wellness through stress-reduction from contact with nature and greenery, and fellow gardeners; • gives gardeners a chance to exercise; Ecological • native plantings help maintain Iowa's plant heritage; • gardens reduce air pollution; Social justice • green spaces are unevenly distributed in many urban areas, and access is generally extremely limited near low-income areas populated by minorities; C. Indicate the steps that will occur during the project implementation and approximately when they are expected to occur. Detail if the project will be or could be phased over a number of years. Also indicate if this project is a continuation of previously func~d PIN grants. We will need to purchase and install the median plantings in Sep~mber in order to give them time to establish their root system before the winter comes. Plants will need maintenance at regular intervals. It is our hope that we can eventually divide the plants or collect seeds and continue their propagation along the street in the coming years. F. If applicable, describe how this project will benefit low income, elderly, youth or disadvanta~d youth. Describe howlowincome benefit hasbeen determinedand why these groups have been selected as the focls of the project. This is slow-income neighborhood with a high proportion of renters. We feel that manyof the benefits outlined in our bullet point list will apply to our neighborhood. It is our hope that everyone in the neighborhood will feel welcome to participate in gardening and that it will build community ties through fellowship and sharing ourknowledge and efforts. G. If youwere not to receive PIN fundng thisyear, will youstill receive other proposed funding listed in Block C? Howwould these fund; be utilized? If we receive no PlNfunding, we will still try to implement this project on a smaller scale with volunteer time and donated resources. We plan to tap Freecycle and established area gardeneners as a secondary resource forobtaining plants; people who have a gardens or are dividing plants will often give some to people who are willing to come dig and/or haul them away. H. There may be the needto allocate less funding than requested. Please describe how the scale of the project can be reduced or the project phased over a number of years. It is important to keep in mind that annul PIN fundng is not guaranteedanda phased project may not be completed. Each phase should attempt to complete an entire goal See response to G. Macintosh HD:Users:katherineparker:Desktop:Showalter_Community_Garden:pinapplication_garden31409.doc Page 1 of 1 Marian Karr From: walkersic@yahoo.com Sent: Friday, June 12, 2009 4:26 PM To: Council; Ross Wilburn; Amy Correia; Regenia Bailey; Matt Hayek; Mike Wright Cc: Jean Walker Subject: Budget Items: PIN grants; Robert A. Lee Recreation Center Dear Council Members, It has come to my attention that the following items are under consideration as regards budget cuts: 1. Program for Improving Neighborhoods (PIN) grants. I strongly urge you not to cut these grants, which total only $14;850. (The funds for fiscal year 2010 PIN grants have already been allocated.) Not only do these grants facilitate much-needed projects done in the neighborhoods but they also have a strong impact in bringing the members of each neighborhood together to get to know one another and to work on a common interest. This results in pride in the neighborhoods and helps to preserve their integrity and stability. In past City Council meetings, I have heard Council members extoll the virtue of these grants and particularly the incredible amount of "sweat equity" that the City benefits from through the work of the neighborhoods. This sweat equity greatly magnifies the value of these grants. In addition, use of these grants means that great projects that would not ordinarily get done are accomplished for the betterment of the neighborhoods and for the City as a whole. Though the Melrose Neighborhood does not have a PIN grant pending this fiscal year, it has greatly benefited in the past from such grants, including such projects as getting its historic district nominated to the National Register of Historic Places and having a Master Concept Plan developed for the renovation of its Brookland Park. In the first of these projects, the neighborhood raised thousands of dollars to more than match the PIN grant. 2. The Sunday closure of the Robert A. Lee Recreation Center. As you know, the Rec. Center is very well utilized, particularly by young people. At a time when the University and the City are looking for ways to find (particularly non-alcoholic) activities for young people to help them keep out of trouble (and to keep them healthy), it seems counter-productive to close the Rec. Center on Sundays. The Rec. Center is already set up, with lots of equipment and programs, to help our youth be active, healthy and entertained, so I strongly urge you to keep it open on Sundays. Thank you, Jean Walker 335 Lucon Drive Iowa City 6/ 12/2009 ro ~,~~ Prepared by: Marcia Bollinger, Neighborhood Services, City Hall, 410 E. Washington St., Iowa City, IA 52240 - 319/356-5237 RESOLUTION NO. 09-22 ~ RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. WHEREAS, the City Council allocated $14,850 for Fiscal Year 2010 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 Attachment A and finds the funding of projects shown to be appropriate, so that the commencement of these projects can begin July 1, 2009. 2. The Neighborhood Services Coordinator is authorized to administer the funds by confirming completion of the improvements and approving disbursement of funds. of June , 2009. ATTEST: ~~~~. .r~.i ~iT~Y CLERK Resolution No. 09-221 Page 2 It was moved by Wilburn adopted, and upon roll call there were: AYES: x X x X _~ x and seconded by Hoek the Resolution be NAYS: ABSENT: Bailey Champion x Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc Attachment A Program for Improving Neighborhoods (PIN) Grant Fiscal Year 2010 Recommendations Recommended Longfellow Neighborhood Association $2740 Sidewalk Repair Assistance Longfellow Neighborhood Association $3510 Paved Connector Creekside Neighborhood Association $3750 Sidewalk Repair Grant Wood Neighborhood Association $1000 Neighborhood Cleanup Grant Wood Neighborhood Association $600 Harvest Party Grant Wood Neighborhood Association $750 Workshops at Grant Wood Gym Grant Wood Neighborhood Association $2000 Skate Activities at Grant Wood Gym Miller Orchard Neighborhood Association $500 Miller Orchard Gardens TOTAL $14,850 -~c_~a a~ 11 Prepared by: Kris Ackerson, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO 09-222 RESOLUTION AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FOR STATE RECREATION TRAILS PROGRAM (SRT) PROJECTS TO THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT), FOR DEVELOPMENT OF RECREATION TRAILS. WHEREAS, the City of Iowa City has approved a Capital Improvement Program that includes the phased development of the Sand Lake Recreation Area project area and pedestrian bridge over the Iowa River to Peninsula Park; and WHEREAS, the proposed trail connection between Sand Lake Recreation Area and the Iowa River Corridor Trail will increase access to multiple recreation activities; and WHEREAS, the proposed pedestrian bridge will increase access to recreation opportunities for residents; and WHEREAS, the proposed trails will enhance the quality of life of residents and visitors of Iowa City; and WHEREAS, under the provisions of State Recreation Trail program, state funding assistance is requested to aid in financing the cost of trail development; and WHEREAS, the City of Iowa City considers it in the best public interest to complete trail development projects described in the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Staff is authorized to submit an application to the Iowa Department of Transportation for funding assistance; and 2. Staff is authorized to file any additional documentation that is required by the Iowa Department of Transportation; and 3. The City Manager is authorized to sign the grant application forms and any subsequent grant contracts with the Iowa Department of Transportation; and 4. Any funding assistance received be used for implementation of the projects referenced above; and 5. Our organization hereby certifies that its share of project funding is committed and will be derived from City of Iowa City General Funds, General Obligation Bonds, or Donations & Contributions; and 6. Any property acquired or facility developed with SRT financial aid must be placed in use as an outdoor recreation facility and be retained in such use for twenty years unless otherwise provided and agreed to by the City of Iowa City and IDOT; and 7. This resolution will be included with formal applications to IDOT. Resolution No. 09-222 Page 2 Passed and approved this 30th day of June , 20 09 ATTEST: ~ ~f . CITY ERK It was moved by Wilburn and seconded by xavek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -~ Bailey ~_ Champion x Correia x Hayek ~_ O'Donnell _~ Wilburn x Wright jccotp/reslsrt-app.doc ~~ ~~ City Attorney's Office `I v q city of Iowa city PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: City Council FROM: Michael Moran, Acting Director, Parks and Recreation DATE: June 24, 2009 RE: DogPAC Revenue Sharing Agreement On June 10, 2009 the City entered into an agreement (copy attached) with the Johnson County Dog Park Action Committee covering joint maintenance and revenue sharing related to the Thornberry Off-Leash and newly established Rita's Ranch Dog parks. The term of this agreement is one year, meaning it will end June 30, 2010. Currently it was set up for one year renewal instead of the original three year renewal due to the pending discussions regarding revenue and budget cuts for the FY11 budget. The agreement stipulates that 90% of the revenue will go to DogPAC to be used "... to directly benefit the Thornberry Off-Leash and Rita's Ranch Dog Parks and activities held at said parks, or for the development of other dog parks in Iowa City, as agreed upon by the City." At their meeting of June 10, 2009, the Parks and Recreation commission, upon staff recommendation, voted 8-1 to support the continuation of this agreement under the current terms and conditions, through June 30, 2010. DogPAC also agreed to several additionally items of cost sharing with the Department to help offset any continual costs that would not be directly reflected as additional expenses for the Park Division. These items as well as the cost/share agreement will be reviewed and/or changed for next year FY11 pending further budget discussions yet to take place. I will be attending your work session Monday evening and can answer any questions you may have. Thank you. ~~U Prepared by: Terry Trueblood, P&R Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 09-223 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY OFF-LEASH DOG PARK. WHEREAS, the City and Johnson County DogPAC, a private non-profit corporation which advocates for the development of dog parks and other dog activities in and around Iowa City, wish to cooperatively maintain the Thornberry Off-Leash Dog Park; and WHEREAS, Johnson County DogPAC has requested to receive 90% of the revenues generated from dog park fees which will be used to directly benefit the Thornberry Off-Leash Dog Park or development of other dog parks in the city, as agreed upon by the City; and WHEREAS, the Parks and Recreation Commission has voted to support this revenue sharing proposal effective until June 30, 2010; and WHEREAS, DogPAC has raised funds in excess of $200,000 to construct two dog parks on City-owned parkland; and WHEREAS, the City Council finds it is in the public interest to enter into the attached agreement for the maintenance of and sharing revenue generated from the dog park, in a form approved by the City Attorney's Office and the Director of Parks and Recreation. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and City Clerk are hereby authorized and directed to execute the attached Agreement approved by the City Attorney's Office and the Director of Parks and Recreation, pursuant to which DogPAC agrees to assist with maintenance of the dog park, and the City will allow 90% of the revenue generated from dog park fees to go to DogPAC until June 30, 2010. Passed and approved this 30th day of ATTEST:-~~~~~ J ~ • ~~ti~/ CIT LERK 20~~ Approved by (J /,r dGo~ ~~fD~t-,/ City Attorney's Office ~ ~y ~ pcr ,~.. Wpdata\p&r\res\dogpark contract.doc Resolution No. 09-223 Page 2 It was moved by 0' Donnell and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x x x X x x NAYS: ABSENT: Bailey Champion g Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY OFF-LEASH DOG PARK WHEREAS, Johnson County DogPAC, Inc. hereinafter referred to as "DogPAC") is anon-profit corporation which advocates for the development of dog parks and other dog activities in and around Iowa City, and WHEREAS, the City of Iowa City (hereinafter referred to as "City") is the owner of Peninsula Park where the new Thornberry Off-Leash Dog Park is being developed, and WHEREAS, DogPAC has raised in excess of $200,000 in donations to develop said off-leash dog park, and WHEREAS, DogPAC and the City desire to set forth in writing their agreement regarding the maintenance of said dog park, the sharing of revenues collected from fees for use of the park, and the parties' respective rights and obligations with respect to said dog park, NOW, THEREFORE IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Intent: The intent of this agreement is for the City and DogPAC to cooperatively provide a dog park within Peninsula Park for use by the general public. Further, the intent is to cooperatively maintain the facility for maximum benefit of both entities. 2. Use: The dog park will be available for use by the general public, and will be open during regular park hours as established by City Code. DogPAC shall have priority rights for scheduling special events and activities in the dog park. Said events and activities shall be approved in advance by the City. 3. Maintenance: Except as provided in this agreement, the City shall assume full responsibility and shall assume all costs for maintenance and repair of the dog park and associated facilities, including routine mowing, snow removal and hauling away litter. DogPAC shall be responsible for maintaining any specialized equipment owned by them and placed on the premises with City approval, for policing the area on a routine basis to pick up dog feces and other litter, and for placing same in receptacles provided by the City. DogPAC may also, from time to time, organize volunteer activities to assist with maintenance and development of the dog park. 4. Utility costs: All utility costs in connection with said dog park shall be paid by the City. 5. Codes and Rules: DogPAC agrees to follow and observe all local and state codes, rules and regulations and obtain all necessary permits as may be required in conjunction with its activities. 6. Fundraising: It is understood and agreed that from time to time, DogPAC may conduct appropriate fund raising activities at the dog park, with proceeds to benefit DogPAC and/or the dog park. Said activities shall be scheduled through the City. 7. Fees: DogPAC, as an organization, shall not be required to pay any fees to the City in connection with the rights granted to DogPAC herein. Fees for individual use of the dog park will be established by joint effort of the City and DogPAC and shall be approved by the City Council upon recommendation of the Parks and Recreation Commission, as provided in the City Code. Sharing and Use of Fees Collected: Fees for use of the dog park shall be collected and provided to the City and deposited with the City Finance Department. On a quarterly basis, the City shall Issue a check to DogPAC in an amount equal to 90% of the fees collected and provided to the City. Issuance of a quarterly check to DogPAC in an amount equal to 90% of the fees collected and provided to the City will be effective until June 30, 2010, at which time this sharing of fees will be reviewed and possibly revised at the discretion of the City. Money issued to DogPAC pursuant to 2 this paragraph shall be used by DogPAC to directly benefit the Thornberry Off-Leash Dog Park and activities held at said park or for the development of other dog parks in Iowa City, as agreed upon by the City. 9. Liability Insurance: DogPAC agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to its fundraising and other events in the dog park. DogPAC may be required to provide and pay for liability insurance with respect to its use of said dog park in an amount established by the City, and, if required, shall provide proof of said liability insurance to the City. The City shall provide hazard insurance at its expense with respect to fixed assets located at the dog park. 10. Amendments: The terms of this agreement may be amended at any time by mutual written agreement between the City and DogPAC, provided however that the provisions for the sharing. of fees contained in paragraph 8 above may be amended at the discretion of the City as provided for in said paragraph 8. 11. Term 8~ Termination of Agreement: This agreement is for a term of one (1) year beginning the date is executed by both parties, and may be renewed by mutual written consent of the parties for an unlimited number of renewal terms of one (1) year each. Either the City or DogPAC may terminate this agreement for good cause. Such termination must be in writing with at least ninety (90) days notice. Termination may also occur upon mutual written agreement of both parties so long as neither party is in default of any of the provisions of this agreement. DATED this ~ day of ~r~ t- ~~_, 20~ C B A Ap roved by: City Attorney's Office ~ i4~~ JOHNSON COUNTY DOGPAC BY~ -` ~~ ~~.-. Director of Parks & Recreation ParksreGagUd ogpac. doc t `; .,_. NOTICE TO BIDDERS 2009 PCC PAVEMENT PATCHING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 23rd day of June, 2009. 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 30th day of June, 2009, or at special meeting called for that purpose. The Project will involve the following: 2360 square yards of pcc street pavement removal and replacement, 25 manhole adjustments and other associated work. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineering Department, 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 maintenance 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 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 accep- tance by the City Council. The following limitations shall apply to this Project: Late Start Date: July 20, 2009 Completion Date: September 30, 2009 Liquidated Damages: $1000.00 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 City Engineer of Iowa City, Iowa, by bona fide bidders. A $25 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 subcontract. 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 subcontrac- tors, 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 required 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 M a~ Prepared by: Dan Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 09-224 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2009 PCC PAVEMENT PATCHING PROJECT. 13 WHEREAS, All American Concrete, Inc. of West Liberty, Iowa, has submitted the lowest responsible bid of $239,250 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to All American Concrete; 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 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 30th day of ATTEST: ~ - CI LERK 20 09 ), City Attorney's Office u/i~l~q It was moved by Wr~ht and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: x x ~- x x x NAYS: ABSENT: Bailey Champion x Correia Hayek O'Donnell Wilburn Wright pweng\res\awrdcon-pavementpatch ing09. doc ~8 14 Prepared by: Denny Gannon, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5142 RESOLUTION NO. 09-225 RESOLUTION APPROVING A CONTRACT CHANGE ORDER FOR THE CONSTRUCTION OF THE BURLINGTON STREET PEDESTRIAN BRIDGE REHABILITATION PROJECT, TO ADD THE ALTERNATE BID (NEW HANDRAIL) BY CHANGE ORDER WHEREAS, Iowa Bridge and Culvert LC, being the lowest responsible bidder, was awarded the construction project for the above-named project on May 19, 2009; and WHEREAS, the City desires to change the work to install a new handrail in lieu of repairing the existing handrail as outlined in the alternate bid of the project specifications; and WHEREAS, at the time of award of the project, all the funding partners could not commit to the additional cost of the alternate bid; and WHEREAS, all funding partners now have funds in place for the alternate bid; and WHEREAS, the alternate bid as submitted by Iowa Bridge and Culvert LC for the new handrail is in the amount of $217,760.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The use of City funds for the construction of the Burlington Street Pedestrian Bridge Rehabilitation Project pursuant to said Change Order is hereby approved. 2. The .City Engineer is authorized to sign said Change Order for construction of the Burlington Street Pedestrian Bridge Rehabilitation Project and any other documents necessary to implement the project. Passed and approved this 30th day of ATTEST: ~~~~'~r-~~' 7t I~`t~i/ CITY CLERK i~~.. City Attorney's Office ~ (~ pq Pweng/res/&St Change Order.doc Resolution No. 09-225 Page 2 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x x x X X x NAYS: ABSENT: Bailey Champion x Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc '1" Marian Karr From: walkersic@yahoo.com Sent: Thursday, June 18, 2009 11:27 AM To: Council; sally-mason@uiowa.edu; newman.abuissa@dot.state.ia.us; Rick Fosse; Rod Lehnertz; Bob Downer; Joe Bolkcom; Ross Wilburn; Amy Correia; Regenia Bailey; Matt Hayek; Mike Wright Cc: Jean Walker Subject: Urgent Safety Issue with Iowa City Pedestrian Bridges I have sent the following letter to the following people with the hope to expedite action on this safety issue. Because the issue is time-sensitive, it is in the form submitted to the Iowa City Press-Citizen and the Daily Iowan rather than as personalized letters to each person - my apologies for that. Sincerely, Jean Walker To: Iowa City City Council UI President Sally Mason Iowa Department of Transportation liaison for this project, Newman Abuissa Rick Fosse, Iowa City Director, Public Works Rodney Lehnertz, UI Director, Design and Construction UI Regent Robert Downer (Iowa City) Senator Joe Bolkcom Urgent Safety Issue with Pedestrian Bridges June 18, 2007 If $54,500 could be spent to prevent the potential of a toddler falling from a pedestrian bridge onto a heavily trafficked road, do you think it would be worth spending? Or a dog dangling from a leash over that road? There is an urgent safety issue with the connected pedestrian bridges over Riverside Drive at Burlington Street and over Grand Avenue. They have a railing (built about 40 years ago) that no longer passes code. (Current bridge design practices and residential code requirements dictate that a 4-inch sphere must not be able to pass through the fabric of such bridges.) As opposed to the pedestrian bridge over Riverside Drive at Newton Road, these bridges have only three horizontal rails and the lowest rail is 12 %z inches above the surface of the bridges. The upper rails are 11 inches apart. The current spaces are ones through which a small child or dog could easily slip and fall onto either Riverside Drive, a maj or thoroughfare with many trucks, or Grand Avenue, a maj or city arterial. 6/ 18/2009 Also, the bridge over Riverside Drive spirals out over the bank of the Iowa River right beside the dam. A slip or fall (especially under icy conditions) could result in a person landing in the river and caught in the dam. This bridge is used by many citizens of Iowa City, including students, faculty and staff of The University of Iowa, some of whom ride their bikes up and down the spiral (even though there is alargely-ignored recent sign which says to walk your bike there). Currently, the bridges' decks are being resurfaced, so the railings have been removed. This project is being funded 50% by the Department of Transportation, ~5% by the City of Iowa City, and 25% by The University of Iowa. The project was bid two ways. $580,000 would involve reusing the existing railing. For an additional $218,000 a new, safety-coded railing would be included. Both the DOT and the City were willing to provide funds for the new railing, but the UI, citing lack of funds (their share would be $54,500) declined, thus condemning the safety upgrade. I am aware that last year's floods and the subsequent damage to the UI is a huge drain on the UI's funds, however, compared to the UI's annual budget and holdings, I am surprised that the UI would not take this opportunity to guard the safety of their students, employees, and the general public. Iowa City has also had to make budget cuts but still was willing to fund the new railing. I am also disappointed that the UI did not partner with the City to take advantage of the matching funds from the DOT for this upgrade. In addition, I am surprised that any of these entities would allow an out-of--code railing to be placed back on the renovated bridges. If a homeowner were to make renovations in their home that, for example, involved moving out-of--code wiring, the homeowner would be required by the City to update the wiring. In a home, relatively few people would be exposed to out-of--code materials, but the pedestrian bridges are used by many, many people every day and thus have increased risk. The project is scheduled to be finished before the students return for the Fall semester and there are some arguments that there would not be time to fabricate and install the new safer railing before that time. I would argue that safety trumps expediency. Currently a temporary crossing of Riverside Drive, with pedestrian crossing lights, has been installed and using this crossing a little longer would allow the project to be completed with the safer railing. Although, due to good luck, the bridges have not had a disaster in the past, it does not seem prudent to miss this rare opportunity to bring these railings up to code. With the increase in pedestrian and bike traffic, the risk of disaster increases. It comes down to a case of $54,500 and a couple of months delay versus the risk of injury or death of a child, adult, inebriated person, or pet dog. It's hard to get rid of the image of a toddler (and there are several daycares nearby) falling off the Riverside bridge into traffic or into the river above the dam, or a dog dangling on its leash over Riverside Drive. If the UI can't find $54,500 for this safety issue, is there any other entity that can pick up the slack? Can acost-lowering compromise be made in the design? If all else fails, can a new, cheaper structure be added to the old railing to make it safe? Whatever the solution, immediate action needs to be taken or we will be left with a disaster waiting to happen that could have been avoided. Jean Walker 335 Lucon Drive Iowa City 337-5201 /~ 15 Prepared by: Crystal Smith, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5410 RESOLUTION NO. 09-226 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FEBRUARY 10, 2009, AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER INTERSTATE 80 PROJECT. WHEREAS, the City of Iowa City desires to construct a pedestrian bridge over Interstate 80 along North Dodge Street; and WHEREAS, the project will construct a sidewalk from ACT Circle to Northgate Drive; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the North Dodge Street Pedestrian Bridge over Interstate 80 Project; and WHEREAS, the City of Iowa City has negotiated an Amendment to the February 10, 2009 Agreement for said consulting services with Howard R. Green Company of Cedar Rapids, Iowa, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement Amendment with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 30th day of ATTEST: CITY ERK City Attorney's Office ~ /~3~d~ Pweng/res/Ndodgepedbridgeamend. doc Resolution No. 09-226 Page 2 It was moved by Wilburn adopted, and upon roll call there were: AYES: x x X x x ~.- and seconded by Hayek the Resolution be NAYS: ABSENT: Bailey Champion x Correia Hayek O'Donnell Wilburn Wright wpdata/glossarylresolution-ic.doc Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. 452940) Contract Amendment #1 -Additional Signal Design Iowa City, Iowa AMENDMENT TO CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 30th day of d ne 200q is an AMENDMENT (AMENDMENT #1) to the CONSULTANT AGREEMENT dated February 10, 2009 between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and Howard R. Green Company, of Cedar Rapids, Iowa, hereinafter referred to as HR Green. WHEREAS, the CITY has secured the services of HR Green to prepare construction documents for a new pedestrian bridge over Interstate 80 (I-80) along North Dodge Street in Iowa City, Iowa according to Iowa Department of Transportation and American Association of State Highway and Transportation Officials guidelines. WHEREAS, this AMENDMENT is intended to supplement the original CONSULTANT AGREEMENT. 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 Work will be completed as outlined in the original consultant agreement and as modified herein. Items not listed in this AMENDMENT will remain unchanged. Task 2 -Survey 2.2 Topographic Survey Additional topographic work includes: • Area near Athletic Club and ACT Circle to develop new connections from Sidewalk to parking lots. This area is also needed to connect the proposed force main to the existing manhole. • Complete survey of the Interstate 80 (I-80) westbound ramp terminal intersection at North Dodge Street (Iowa Highway 1) intersection on the north side of I-80 for installation of new signals. • Area north of Northgate Drive along the west side of North Dodge Street (Highway 1) including the existing sanitary sewer lift station to connect proposed force main to lift station and to extend proposed water main. • Easement area along west side of North Dodge Street (Highway 1) at Pearson to identify location for new proposed force main. Task 5 -Final Design 5.3.1 Preliminary Traffic Signal and Interconnect Design Develop preliminary traffic signal design for the Interstate 80 (I-80) westbound ramp terminal intersection at North Dodge Street (Iowa Highway 1) intersection. Determine the preliminary traffic signal layout, wiring, phasing, and pedestrian accommodations. Develop preliminary traffic signal interconnect design to provide fiber optic interconnect between the I-80 eastbound ramp terminal intersection traffic signal north to the Northgate Drive intersection along N. Dodge Street. Traffic signals to be interconnected include: the I-80 eastbound ramp terminal intersection, the I- 80 westbound ramp terminal intersection, the Pearson Drive intersection, and the Northgate Drive intersection. The traffic signal and interconnect design is based on the following assumptions: Howard R. Green Company Project No. 452940) North Dodge Street Pedestrian Bridge over I-80 Contract Amendment #1 -Additional Signal Design Iowa City, Iowa conduit is available on the N. Dodge Street bridge crossing I-80 to be used for fiber optic traffic signal interconnect, and video detection will be used to detect vehicles at the I-80 westbound ramp terminal intersection. Prepare preliminary traffic signal plans for the I-80 westbound ramp terminal intersection and signal interconnect plans for the previously detailed intersections using standards of the City of Iowa City, Iowa DOT, and the Manual on Uniform Traffic Control Devices (MUTCD). The preliminary plans will depict signal layout, wiring diagrams, major equipment, poles, signal heads, mast-arm mounted traffic signing, and interconnect layout. 5.3.2 Final Traffic Signal and Interconnect Design Refine the preliminary traffic signal design developed during the preliminary design phase. Determine the final traffic signal layout, signal timings, wiring, phasing, pedestrian accommodations, and signal interconnect layout. This task includes developing a Public Interest Finding (PIF) memorandum to help justify the use of proprietary equipment for the new traffic signal system. Prepare final traffic signal plans and traffic signal interconnect plans including signal layout, wiring diagrams, phasing diagrams, details, quantities, recommended start-up signal timings, plans and special provision. It is assumed one (1) Special Provision will be required for the Traffic Signalization. Recommended signal timings will be based on the most recently available Iowa DOT traffic count information for the N. Dodge Street interchange. This scope does not include field adjustment of recommended traffic signal timings. Scope Assumptions: • Conduit is available on the N. Dodge Street bridge crossing I-80 to be used for fiber optic traffic signal interconnect • Video detection will be used to detect vehicles at the I-80 westbound ramp terminal intersection • Pavement marking modifications to accommodate the new pedestrian trail are accounted for in the original scope of services. • The City of Iowa City or Iowa DOT will provide as-built drawings for the existing signals at Pearson Drive and Northgate Drive • Iowa DOT or the City of Iowa City will determine, program, field review, and maintain an optimized coordinated signal timing plan for the subject intersections. Design Exclusions: • Automated or peak hour traffic counts for use in determining a coordinated signal timing plan • Field adjustment of traffic signal timings. Recommended start-up signal timings will be provided as part of the I-80 westbound ramp terminal intersection signal design. It is assumed that the Iowa DOT or the City of Iowa City will determine, program, field review, and maintain an optimized coordinated signal timing plan for the subject intersections. Task 9 - Bidding Services 9.1 Bidders' Questions and Services No changes in original scope. Extra time need to answer questions regarding force main and water main. Howard R. Green Company Project No. 452940) Task 10 -Force Main and Water Main Design North Dodge Street Pedestrian Bridge over I-80 Contract Amendment #1 -Additional Signal Design Iowa City, Iowa 10.1 Force Main Design Final force main design will be completed to replace the existing 6-inch Ductile Iron main from the existing lift station north of Northgate Drive to its outtall south into the existing manhole near ACT Circle. The new 6-inch force main will design using HDPE pipe according to city requirements. This force main will hang from the I-80 pedestrian bridge as it crosses I-80. 10.2 Water Main Design Final water main design will be completed to add a 12-inch Wrapped Ductile Iron main from the existing water main terminus on North Dodge Street (Highway 1) near the Athletic Club north to a new terminus near the existing lift station north of Northgate Drive. Connections to the existing water distribution system will be made near Pearson. This water main will hang from the I-80 pedestrian bridge as it crosses I-80. 10.3 Force Main and Water Main Design Requirements Prepare construction specifications and contract documents. City of Iowa City standard specifications and standard details will be used for the force main and water main materials. Conduct project status meetings between City and HR Green staff to review the completed work and documents, discuss content and schedule of the remaining work, and receive comments, approvals, or redirection of these efforts. Project status meetings at 50% and 90% completion are proposed. Prepare an opinion of probable cost for the project at the 50% and 90% complete milestones. Provide a final opinion of probable cost for the project to file with the completed documents. Utilize Quality Assurance (QA) in design and perform Quality Control (QC) review of drawings, specifications, and contract documents. 10.4 Prepare 100% Unreviewed (Check Plans) Submittal HR Green will submit 100% unreviewed (Check Plans) for the City and Iowa DOT review of compliance and intent with design standards and code requirements. All plan deliverables will be completed for Iowa DOT letting and City's CADD File format for printing on 11 "x17" bond paper. 10.5 Special Provisions HR Green will prepare specifications covering the work to be constructed, consisting of Special Provisions and Special Specifications to be issued in connection with the "Standard Specifications for Highway and Bridge Construction," Series of 2001, Iowa Department of Transportation, and the current Supplemental Specifications for Construction Projects. 10.6 Prepare Final Submittal HR Green will coordinate and incorporate review comments by the City and Iowa DOT in final plan sets. The Consultant will submit final drawings, specifications, contract documents, and applications for construction permit to the Iowa Department of Natural Resources (IDNR) and the Iowa Department of Transportation (IDOT). All plan deliverables will be completed for Iowa DOT letting and City's CADD File format for printing on 11 "x17" bond paper. Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. 452940) Contract Amendment #1 -Additional Signal Design Iowa City, Iowa II. Time of Completion HR Green shall complete the following phases of the Project in accordance with the schedule shown. Check Plans: June 2, 2009 Final Plans and PDC: August 18, 2009 Contract Turn-in: September 1, 2009 Letting Date: November 17, 2009 The completion of the project is subject to the review and approval process of agencies beyond the control of both the City of Iowa City and Howard R. Green Company. The performance of the project is also subject to influence from the public and political processes. III. GENERAL TERMS This AMENDMENT TO CONSULTANT AGREEMENT is subject to the same terms and conditions as listed in Section III of the original Consultant Agreement as executed on February 10, 2009. IV. COMPENSATION FOR SERVICES HR Green shall be compensated for actual services performed, including direct costs, as identified in Part I of this Agreement. The total compensation for this CONSULTANT AGREEMENT including this AMENDMENT shall not exceed $254,237. The approximate cost for each task additional task is as follows: Task 2.2: Additional Survey $ 7,118 Task 5.3.1: Preliminary Signal Design $ 9,472 Task 5.3.2: Final Signal Design $ 8,096 Task 9.1 Additional Bidders Questions for Force/Water Main $ 2,496 Task 10.1+ Force Main Design $ 28,515 Task 10.2+ Water Main Design $ 29,126 Total AMENDMENT: $ 84,823 Total CONSULTANT AGREEMENT: $ 169,414 Grand Total: $ 254,237 Howard R. Green Company Project No. 452940) V. MISCELLANEOUS North Dodge Street Pedestrian Bridge over I-80 Contract Amendment #1 -Additional Signal Design Iowa City, Iowa 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 that no other monies or considerations have been solicited. FOR THE r By: Title: Date: I,,,,P 3.0?nng J ATTEST: ~1i?.~ .~~~ `~~~~.~ it er FOR THE 6HPlSULTANT By Title: + ~-~- ~lg ~ , c~, ~- r,~ Date: ~ 1 ~--~~ ~ ~~ Approved by: ~~~ V~ ~ ~ City Attorney's Office ~ ly Date N~~ Prepared by: Crystal Smith, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5410 RESOLUTION NO. 09-227 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER LEVEE- CRANDIC RR TO McCOLLISTER BOULEVARD PROJECT. . ~6~- 16 WHEREAS, the City of Iowa City desires to obtain the services of a consulting firm in order to provide services to prepare preliminary and final design drawings and specifications for a flood control levee with a ten foot wide PCC trail in southwest Iowa City. WHEREAS, the construction of the flood control levee and trail shall extend along the west .side of the Iowa River from McCollister Boulevard north to the railroad crossing. WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the flood control levee and trail, all of which shall be called the PROJECT, and 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. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 30th day of ATTEST: ~ ~ ~ ~; CI LERK -~~ .. City Attorney's Office ~/Z~ /~ Pweng/res/mmsl'i-09. doc Resolution No. 09-227 Page 2 It was moved by Hayek and seconded by adopted, and upon roll call there were: AYES: NAYS: x x ~_ x ~_ x Wilburn the Resolution be ABSENT: Bailey Champion x Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 3~rh day of .Tune , 2009 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and MMS Consultants, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City desires to obtain the services of a consulting firm in order to provide services to prepare preliminary and final design drawings and specifications for a flood control levee with a ten foot wide PCC trail in southwest Iowa City. WHEREAS, the construction of the flood control levee and trail shall extend along the west side of the Iowa River from McCollister Boulevard north to the railroad crossing. WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the flood control levee and trail, all of which shall be called the PROJECT, and 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. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. The work to be performed by the CONSULTANT under this Scope of Services shall encompass and include the preliminary design, final detail design, construction plans and specification preparation for the improvements which include: The grading and storm sewer drainage required to build a flood control levee and ten foot wide trial along the west side of the Iowa River from McCollister Boulevard north to the railroad crossing. A. Preliminary Design and Plan Preparation 1. Preliminary Survey and Mapping The CONSULTANT will perform a topographic and boundary survey to obtain a base drawing for use in the design of the improvements. The CONSULTANT will research courthouse records to establish approximate locations of existing property lines, right-of-way lines and property ownership for the properties affected by the PROJECT and incorporate this data into the base mapping of the PROJECT. The CONSULTANT will research underground utility locations with the various companies and plot such locations on the base mapping of the PROJECT. Utilities to be researched include: sanitary sewer, storm sewer, electric, gas, water, telephone, cablevision, and fiber optic lines. This task will include field surveys to establish vertical and horizontal control, and obtaining supplemental topographic data required for the development of the preliminary plans. This task also includes incorporating the survey data collected -2- into the base mapping. Permanent benchmarks will be established. Horizontal control to be based on Johnson County GPS control monuments (NGS NAD83). Vertical control to be based on NGVD 1929. 2. Soils Report This task will consist of a maximum of 15 soil borings to appropriate depths below grade. This subsurface exploration will include cone penetration tests, field vane shear tests, groundwater monitoring, visual soil classifications, moisture content tests, dry density determinations, plastic and liquid limit tests, laboratory compaction tests, sieve analysis, one-dimensional consolidation tests, UU triaxial shear tests, CUIC triaxial shear with pore pressures, cunconfined compressive strength tests, laboratory permeability tests. The soils report will contain a description of the PROJECT; a summary of the drilling, sampling, and testing procedures; logs of the boring and laboratory test results; and recommendations regarding the suitability of the soil for levee construction. 3. FEMA Letter of Map Revision This task will involve running a new hydraulic model to change the location of the floodway. The appropriate FEMA documents will be submitted to FEMA so the flood insurance rate map can be revised. The current floodway shows most of the overbank flood conveyance is on the west side of the river. The topography of the east side of the Iowa River is such that there is an area that would allow for overbank flood conveyance. The revised modeling will move the floodway so most of the conveyance is on the east side of the Iowa River. The property on the east side of the Iowa River is Napoleon Park. Moving the floodway line to the east would have no effect on the use of Napoleon Park and would reduce the amount of private property the city would have to acquire. 4. Wetland Investigation and Delineation This task will involve investigation of the levee site to determine the potential for possible wetlands. If wetlands are determined to exist on the site a detailed wetland delineation will be performed to determine their extent. A final wetland delineation report will be prepared that will outline the surveyed wetland boundary and determine the total number of wetland acres that will be impacted by the proposed project. 5. Preliminary Levee Alignment This task will involve preparing preliminary plan sheets that will show the existing topography and the proposed grading along the proposed Levee. Existing features such as trees, pavement, and buildings that will be impacted by the proposed grading will be shown. Proposed permanent and temporary easement limits will be shown. Included will be the necessary CADD work to show the preliminary design features for the proposed improvements, as well as preliminary cross sections for the determination of earthwork quantities. The proposed improvements will include a levee that will be a minimum of 3 feet above the 100 year flood elevation. The levee will be designed so it can accommodate a 10 foot wide trail on top. 6. Preliminary Drainage Analysis This task consists of completing an inventory of the existing hydrologic and hydraulic conditions and identifying the impacts the proposed improvements will have on the -3- area wide drainage patterns and storm sewers. Once the impacts have been quantified alternatives to create storm water pumping stations to discharge local runoff to the Iowa River will be evaluated. 7. Preliminary Cost Estimate Preparation This task will include tabulating estimated construction quantities. These quantities will be used to prepare a preliminary cost estimate. 8. Preliminary Acquisition Plats and Easement Plats This task consists of identifying the areas impacted by the proposed improvements. Preliminary acquisition and easement plats will be prepared to identify the amount of property that will need to be acquired to construct the project. These plats will be used to determine an estimated cost of the land acquisition. B. Final Plan and Specification Preparation Based upon the preliminary design and plan preparation, field examination, review comments and various meetings, the CONSULTANT shall proceed with the final design, contract drawings, specifications, and estimates for the PROJECT. The contract documents shall describe in detail the work to be done, materials to be used, and the construction methods to be followed. Final construction plans will be ink plotted on mylar and will become the property of the CITY. The work tasks to be performed by the CONSULTANT under section I.B Final Plan and Specification Preparation shall include the following: 1. Final Levee Alignment This task will involve preparing final plan sheets that will show the existing topography and the proposed grading along the proposed Levee. Existing features such as trees, pavement, and buildings that will be impacted by the proposed grading will be shown. Proposed permanent and temporary easement limits will be shown. Included will be the necessary CADD work to show the final design features for the proposed improvements, as well as final cross sections for the determination of earthwork quantities. The proposed improvements will include a levee that will be a minimum of 3 feet above the 100 year flood elevation. The levee will be designed so it can be FEMA and Corps of Engineers Certified. A ten foot wide trail will be designed on the top of the levee. 2. Final Drainage Analysis This item consists of using the findings from the preliminary drainage analysis to design water pumping stations to discharge local runoff to the Iowa River. Final plan sheets will show the required improvements to construct the pumping stations. 3. Final Acquisition Plats and Easement Plats This task consists of identifying the areas impacted by the proposed improvements. Final acquisition and easement plats will be prepared to identify the amount of property that will need to be acquired to construct the project. These plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. -4- 4. Permitting The CONSULTANT will secure all permits on behalf of the CITY. Any fees for construction permits, licenses and other costs associated with permits and approvals shall be the responsibility of the CITY. The CONSULTANT shall provide technical criteria, written descriptions, and design data in filing applications for permits. The CONSULTANT will also be available to participate in consultations with permitting authorities. It is anticipated that the following permit(s) will be applied for: • IDNR Permit for NPDES • IDNR flood plain development permit • US Army Corps of Engineers 404 permit (Wetland mitigation design if required will be a separate agreement) 5. Archeologicallnvestigation This task consists of performing a phase one cultural resource survey for the project area. A report will be prepared to meet the requirements of the State Historical Society of Iowa. 6. PROJECT Manual This task consists of providing a Project Manual for the PROJECT, including; Notice of Hearing and Letting, Instruction to Bidders, Bid Forms, Bond Forms, Agreement Forms, General Conditions of the Construction Contract, Supplementary General Conditions, and Detailed Construction Specifications. The Project Manual will be developed using the Iowa City engineering consultant dossier (most recent copy) as a guide. 7. Opinion of Probable Construction Cost The CONSULTANT shall prepare an updated Opinion of Probable Construction Cost for the PROJECT at the time of completion of the final plans and specifications. The Opinion of Probable Construction Cost is intended for the use of the Owner in financing and bidding the PROJECT. 8. Meetings The CONSULTANT staff will attend a maximum of 4 meetings to review progress, assist in decision-making, and receive direction from the CITY, one field exam which includes the preparation of materials, participation in the field exam and reviewing results of the field exam with the CITY, and others; and two public information meetings which include the preparation of display materials and hand out information, attendance at a public informational meeting and reviewing results of the informational meetings with the CITY and others. C. Additional Services Additional Services are not included in this contract. If authorized under a Supplemental Agreement the CONSULTANT shall furnish or obtain from others the following services. 1. Title Searches 2. DOT Type Plot Plans 3. Appraisals -5- 4. Appraisal reviews 5. Right-of-Way negotiation/acquisition services 6. Environmental impact statements 7. Investigation and/or mitigation of hazardous materials, if any 8. Construction Administration 9. Construction Observation and Materials Testing 10. Construction Layout and Staking 11. Wetland mitigation design 12. Phase Two Archeological investigation and/or assessment 13 Application, impact and permit fees 14 Letting services II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The work will commence within one week of receipt of written notice to proceed. I.A Preliminary Design and Plan Preparation within 6 weeks after notice to proceed I.B Final Plan & Specification Preparation within 8 weeks after notice to proceed III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. 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. 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. B. 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. 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 -6- request to the Consultant. The City agrees to furnish 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 City, 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. I. The Consultant agrees to furnish 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 portion 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, 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. -7- IV. COMPENSATION FOR SERVICES CITY shall pay CONSULTANT for services rendered under Section I -Scope of Services the fee amount as follows: I.A Preliminary Design and Plan Preparation $92,550.00 (lump sum) I.B Final Plan & Specification Preparation $52,810.00 (lump sum) 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 that no other monies or considerations have been solicited. FC By Tit Date: June 30 , 2009 ATTEST: Ci Clerk FOR THE CONSULTANT By: o~~/~~~ ,J Title: ~~f~h~/ Date: 6~9~z oo ~' Approved by: l~~ ty ttorney's Office (! w~- o~ _ Date 17 INTER-DEPARTMENT MEMO TO: Mr. Dale Helling FROM: Chief Sam Hargadine RE: Edward Byrne Memorial Justice Assistance Grant: 2009-G9606-IA-DJ DATE: June 9, 2009 This year the Byrne equipment grant, which we normally split with the Johnson County Sheriff, is for a total of $60, 597. The Department of Justice used their own formula to split the amounts as follows: $47,021 to Iowa City P.D. and $13,576 to the Johnson County Sheriff. The Sheriff and I have an existing agreement that we will split this grant 52 -48% with the larger amount going to the City because of administrative costs. Captain Wyss will be the "Point of Contact" for the DOJ and make application for the funds. Once the award is finalized the Iowa City Police Department will draw down 100% of the funds and then pay Johnson County $29,086.56 (48%). The Sheriff and I are committed to a multijurisdictional firearms range within or in close proximity to Johnson County. The entire amount of $60,597 would be utilized to purchase police training and range equipment for the training site. According to the grant application we have four years to spend the funds. This would take the grant period to September 30, 2012. This memo serves to notify the City Manager and City Council of the opportunity to review the application of these funds and provide an opportunity for public comment. /7 M ~~ Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 09-228 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS WHEREAS, the Iowa City Police Department, in partnership with the Johnson County Sheriffs Office, is making application for the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) program administered by the U.S. Department of Justice; and WHEREAS, the Departments were notified by the federal government that they were eligible for a total of $60,597; and WHEREAS, in accordance with past practice and the application process, the parties have agreed that the City of Iowa City will receive 52% ($31,510.44) and Johnson County will receive 48% (($29,086.56), and Iowa City will take responsibility for making the application and managing this grant under the terms of the interlocal agreement; and WHEREAS, the agencies wish to memorialize this agreement in an interlocal agreement between the City of Iowa City and Johnson County outlining the amount of the grant to be awarded each department and each entities' rights and responsibilities under said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest an interlocal agreement for cooperation between the City of Iowa City and Johnson County, Iowa attached hereto and incorporated by reference herein. The City Clerk is hereby authorized and directed to certify a copy of this Resolution along with the original Agreement and shall forward one original of same to the Johnson County Sheriff's Office. Passed and approved this 30th day of Office ~ ATTEST: ~~(~, ~ / ~' ~~' CITY CLERK Resolution No. 09-228 Page 2 It was moved by Wight and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- X ~- X Bailey Champion X Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc CITY CLERK THE STATE OF IOWA COUNTY OF JOHNSON CONTRACT NO. 2009-F7172-IA-SB INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY, IE COUNTY OF JOHN ON,HOWA RTY, IOWA, ,THE CITY OF CORALVILLE, IOWA AND TH RECOVERY ACT: JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 12th day of June, 2009, by and between The CITY OF IOWA CITY, the CITY Ob NORa HhfIoBER the rh governinOg bodResLVtheEBoardt of COUNTY of JOHNSON, acting y 9 Supervisors, hereinafter referred to as JOHNSON. COUNTY; and acting by and through its governing body, the City Council, hereinafter referred to as the CITY OF IOWA CITY; and acting by and through its governing body, the City Council, hereinafter referred to as the CITY OF NORTH LIBERTY; and acting by CORALVILLE;Itall of Johnson Countye Stat of Iowa, hereinafter referred to as the CITY OF witnesseth: WHEREAS, this Agreement is made under the authority of Iowa Code Chapter 28E; and WHEREAS, each governing body, ns herfeunder,g hall makethatnpelrformance or't9ose the performance of governmental functio payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY OF IOWA CITY agrees to provide the CITY OF NORTH LIBERTY 18 642 from the JAG award for the Equipment/Technology Program; and WHEREAS, the CITY OF IOWA CITY agrees to provide the CITY OF CORALVILLE 32 041 from the JAG award for the Eguipment/Technology Program; and WHEREAS, the CITY OF IOWA CITY agrees to provide JOHNSON COUNTY 55 927 from the JAG award for the Eguipment/Technoloay Pr~; and WHEREAS, the CITY OF NO TY bel eve it totbe nltheirObe tOnerest to al ocate tOhe COUNTY and the CITY OF IOWA C JAG funds. 2009-F7172-IA-SB NOW THEREFORE, the CITY OF NORTH LIBERTY, the CITY OF CORALVItLE, JOHNSON COUNTY, and the CITY OF IOWA CITY agree as follows: Section 1. CITY OF IOWA CITY agrees to pay CITY OF NORTH LIBERTY a total of 18 642 of JAG funds. CITY OF IOWA CITY agrees to pay CITY OF CORALVILLE a total of 32 041 of JAG funds. CITY OF IOWA CITY agrees to pay JOHNSON COUNTY a total of 55 927 of JAG funds. Section 2. CITY OF NORTH LIBERTY agrees to use 18 642 for the Equipment/Technology Program as outlined in the grant application. CITY OF CORALVILLE agrees to use 32 041 for the Equipment/Technology Program as outlined in the grant application. JOHNSON COUNTY agrees to use 55 927 for the Equipment/Technology Program as outlined in the grant application. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against CITY OF NORTH LIBERTY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against CITY OF CORALVILLE other than claims for which liability may be imposed by the Iowa Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against JOHNSON COUNTY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against CITY OF IOWA CITY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 4. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other parties. 2009-F7172-IA-SB Section 5. The parties to this Agreement do not intend for any additional party to obtain a right by virtue of this Agreement. Section 6. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF NORTH LIBERTY, IOWA c~rn.azASS•.~., Cit erk CITY OF CORALVILLE. IOWA Mayo ATTEST: /~ ~% City Clerk Mayor ATTEST: CC City Clerk COUNTY OF JOHNSON, IOWA d. Ch irperson, Boa f upervisors ATTEST: County Clerk ~ ~ BGGCiAr~~ ~U~ Commission N;:-• .;~ M Comm;ss ~,n F~~ as *By law, the City Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). CITY OF IOWA CITY, IOWA ATTEST TO FORM: Eligible Individual Eligible Joint State Jurisdiction Name Government Type Allocation Allocation IA APPANOOSE COUNTY County " IA CENTERVILLE CITY Municipal I $16,312 $16,312 IA I BLACK HAWK COUNTY I County $31,750 IA CEDAR FALLS CITY Municipal $75,734 IA WATERLOO CITY I Municipal I $334,105 $441,589 IA I BOONE COUNTY County $12,817 IA " BOONE CITY MunioipaC $34,372 I $47,189 IA ~ BREMER COUNTY I County. $10,778 IA WAVERLY CITY Mun~ipal $48,062 $58,840 IA BUENA VISTA COUNTY County IA' STORM LAKE CITY Municipal $32,041 $32,041 IA CERRO GORDO COUNTY County IA MASON CITY I Municipal $61,170 I $61,170 IA I CUNTON COUNTY County $16,312 IA CUNTON CITY Municipal $144,478 $160,790 IA - DALLAS COUNTY County IA PERRY CITY Municipal $30,002 lA WAUKEE CITY Municipal $13,108 $43,110 IA DELAWARE COUNTY County IA MANCHESTER CITY Municipal $14,564 $14,564. IA DES MOINES COUNTY, County $14,564 IA BURLINGTON CITY Municipal $130,787 $145,351 IA DUBUQUE COUNTY County $46,897 IA DUBUQUE CITY i Municipal $313,423. $360,320 IA' EMMET COUNTY County IA ESTHERVILLE CITY Municipal $18,934 $18,934 IA HAMILTON COUNTY County '` IA WEBSTER CITY Municipal $29,420 $29,420 IA HENRY COUNTY County IA - MOUNT PLEASANT CITY Municipal $25,342 $25,342 IA JACKSON COUNTY County IA MAQUOKETA CITY Municipal $11,943 $11,943 IA JASPER COUNTY County IA NEWTON CITY Municipal $10,195 $10,195 IA JEFFERSON COUNTY County "` IA FAIRFIELD CITY Municipal $20,39D $20,390 IA JOHNSON COUNTY County $55,927 IA IOWA CITY Municipal $192,831 IA CORALVILLE CITY Municipal $32,041 IA NORTH LIBERTY CITY Municipal $18,642 $299,441 IA KOSSUTH COUNTY Coun Eligible Individual Eligible Joint State Jurisdiction Name Government Type I Allocation Allocation IA ALGONA CITY Municipal $15,729 $15,729 IA LEE COUNTY County $12,234 IA KEOKUK CITY Municipal $97,289 IA FORT MADISON CITY Municipal $12,.234 $121,757 IA LINN COUNTY County. $50,101 IA 'CEDAR RAPIDS`CITY Municipal - $385,953 IA MARION CITY Municipal $28.255 $464.309 IA LUCAS COUNTY County i IA CHARITON CITY Municipal $10,486 $10,486 ~', IA MARION COUNTY County IA FELLA CITY. Municipal ' I $20,390 $20,390 IA I MARSHALL COUNTY ' County $16,603 ~~ IA MARSHALLTOWN CITY Municipal ' $138,943° $155,546 I IA MUSCATINE COUNTY County..- $17,768 '~ IA MUSCATINE CITY Municipal $117,388 $135,156 ~ IA l PLYMOUTH COUNTY Courrty $11;069 i . IA LE MARS CITY Municipal $20,390 $31,459' IA POLKCOUNTY County-- $90,29$.- IA bE5 MOINES CITY Municipal $1,178;833 IA ALTOONA CITY Municipal $18,060 IA ANKENY CITY Municipal $31,459 I IA PLEASANT HILL CITY Municipal $11,069 IA' URBANDALE CITY. Municipal $49,810 IA WEST DES MOINES CITY Municipal $80,395 IA CLNE CITY Municipal $32,041 ', IA `JOHNSTON CITY Municipal $10,195 $1;502,161 ~ IA POTTAWATTAMIE COUNTY County - $25,342 IA COUNCIL BLUFFS CITY Municipal $504,215 IA CARTER LAKE CITY Municipal $11,943. $541,500 lA POWESHIEK COUNTY County IA GRINNELL CITY Municipai $20,973 $20,973 lA SCOTT COUNTY County $22,138 IA BETTENDORF CITY Municipal $62,044 IA DAVENPORT CITY. I Municipal $904,733 $988,915 IA I STORY COUNTY County I $15,147 IA AMES CITY. Municipal $129,622 IA :NEVADA CITY Municipal $21,555 $166,324 IA UNION COUNTY County. . IA I - CRESTON CITY I Municipal.. $11,360 $11,360 IA WAPELLO COUNTY County IA OTTUMWA CITY Municipal $168,072 $168,072 IA WEBSTER COUNTY: County- $29,420 IA FORT DODGE CITY Munk' i $130,496. - $159,916 State IA IA Jurisdiction Name WOODBURY COUNTY I SIOUX CITY Government Type County I Municipal Eligible Individual allocation $28,546 $341,495 Eligible Joint Allocation $369,641 IA FAYETTE COUNTY County $10.~ IA HARRISON COUNTY County $10,778 IA INDIANOLA CITY Municipal $20,973 IA LYON COUNTY County $13,108 IA MAHASKA COUNTY County $21.555 IA MILLS COUNTY Courrty $11,651 IA OELWEIN CITY Munici al $12,817 IA OSKALOOSA CITY Municipal $27,090 IA TAMA COUNTY Coun ~,~ IA WARREN COUNTY County $35,246 IA WASHINGTON CITY Municipal $25.1 IA WASHINGTON COUNTY County $18,934 al t~ A ~~~ ~~~~ ~ ` "' ` '1 .`~~~~~8925,317 : .~ . "~ = .~.' .s ~ ' ---- State of Iowa S11,777,401 "" ~ ;1B Tt)Z 718'' rant,~.talrf~r Iowa ~F~ "While ineligible for direct FY 09 Recovery Act -Edward Byrne Memorial Justice Assistance Grant (JAG) State funding, for JAG purposes this county remains a partner with the jurisdictions receiving funds and must lie a signatory on the required MOU_ For details, please go to: www.ojp.usdoj.gov/BJAlgranUjag08/08JAGMOU.pdf 2009-G9606-IA-DJ THE STA OF IOWA ' KNOW ALL BY THES RESENT COUNTY OF OHNSON INTERLOCAL AGREEMENT BETWEEN T CITY OF IOWA CITY, IOWA AND COUNTY JOHNSON, IOWA 2009 BYRN JUSTICE ASSISTANCE GRANT (JAG) ROGRAM AWARD This Agreement is made nd entered into this _ day o June, 2009, by and between The COUNTY of Johnson, acti by and through its gover ' g body, the Board of Supervisors, hereinafter referred to as UNTY, and the CITY o Iowa City, acting by and through its governing body, the City Co cil, hereinafter referr to as CITY, both of Johnson County, State of Iowa, witnesseth: WHEREAS, this Agreemer~ is made und~the authority of Iowa Code Chapter 28E; and WHEREAS, each governing ody, in rforming governmental functions or in paying for the performance of governmental fu ctions ereunder, shall make that performance or those payments from current revenues legs av ilable to that party; and WHEREAS, each governing bod finds that the performance of this Agreement is in the best interests of both parties, that the n ertaking will benefit the public, and that the division of costs fairly compensates the pert rmin party for the services or functions under this agreement; and for the WHEREAS, the CITY agr~'es to prov Fni iinmPntlTechnoloav P OQram; and NOW THEREFORE,~the COUNTY and CITY the COUNTY $29.086.56 from the JAG award it to be in their best interests to allocate the WHEREAS, the CITY did COUNTY be JAG funds. / Section 1. ree as follows: City agrees to pay CO~NTY a total of 29 085.56 of JAG Section 2. COUNTY agrees tp(use $29,085.56 for the grant application. / s. as outlined in the Page 1 of 2 2009-G9606-IA-DJ Section 3. Nothing the performance of this Agreement shall impose any liability for claims gainst COUNTY ther than claims for which liability may be imposed by the Iowa Tort Clai Act. Section 4. Nothing in the p ormance of this Agreement shall impose any liability fo claims against CITY other than claims r which liability may be imposed by the Iowa Tort CI Ims Act. Section 5. Each parry to this agree ent will be responsible for its own a ons in providing services under this agreement and shall of be liable for any civil liability t t may arise from the furnishing of the services by the other pa Section 6. The parties to this Agreement do of intend for an third party to obtain a right by virtue of this Agreement. By entering into this Agreement, the part do not intend to create any obligations express or implied other than those set out herein; u her, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF IOWA CITY. IOWA COUNTY OF JOHNSON. IOWA M'~a~ , egenia D-Bailey ATT ST: ~~ Cit Clerk City Attorney irperson, Board of Supervisors D AS TO FORM: County Attd~ney *By law, the City ttorney's Office may only advise or approve contracts or legal docu ents on behalf of its clients. It may no advise or approve a contract or legal document on behalf of other parts s. Our view of this document was c nducted solely from the legal perspective of our client. Our approval oft 's document was offered solely f the benefit of our client. Other parties should not rely on this approval and sho seek review and approval b their own respective attorney(s). Page 2 of 2 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. o9-22a 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 § 364.136 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 as stated in Exhibit A 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 August 7, 2009. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until August 7, 2009 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. 18 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 09-22 RESOLUTION DOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF ROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CH RGES AND DIRECTING THE CLERK TO CERTIFY THE .SAM O THE JOHNSON C UNTY TREASURER FOR COLLECTION IN THE SAME M NER AS PROPERTY T S. WHEREAS, the City Clerk has filed with the City Clerk an assessment sched providing the amount to be assessed against certain lots for the actual unpaid abateme costs of mowing, cleaning up property, removing s ow, repairing sidewalks, and repairing s p boxes in the same manner as property taxes; WHEREAS, said schedule is attache as Exhibit A to this resoluti and incorporated herein by this reference; WHEREAS, Iowa Code § 364.136 aut razes the City C ncil to assess against the property said abatement costs in the same manne as property t es; and WHEREAS, the City Council finds that the roper owners listed in Exhibit A have received a written notice of the date and time of the ubli hearing on the adoption of said assessment schedule, in substantially the same form atta d hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVE BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final ass,,~ssment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit for unpaid mowing harges, clean-up property charges, snow removal charges, sidewalk r pair charges and stop ox repair charges as stated in Exhibit A are confirmed and levied ainst the properties liste in Exhibit A. All unpaid assessme snot paid within thirty (30) day after the first publication of the final assessment sched e shall bear interest at the rate of % per annum, commencing on August 7, 2010. Assessment are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Un ~ August 7, 2009 payment may be made at the ity Clerk, 410 E. Washington Street, Iowa Ci ,Iowa. Th Ity Clerk is hereby directed to certify the schedule ass tout in Exhibit A to the Treasurer o Johnson County, Iowa for collection in the same manner as roperty taxes. The assessment cannot be paid in installments. Res. No. 09_229 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 30th day of June , 2009. ATTEST: ~1~ ~- ~~/ City rk ~~~~F~a~ City Attorney/s Office tt was moved by Champion and seconded by Wight the Resolution be adopted, and upon roll call there was: AYES: x X x sue\Ord&Res\AbateRes.doc NAYS: ABSENT: Bailey ~_ Champion x Correia Hayek x O'Donnell Wilburn Wright S LT --~ ~'`\ `-'V Q 0 T 0 D _n 1 { m M D `` D z 0 v o LS' v m -- n r m D z c v ('\ v~ - '~ ~ ~.~- r ~r ~~~,~. r 1 I ~ t ::m p' ~ X ~,~ ~ ' M~a°r~l -•~c.a~_ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 June 9, 2009 (319) 356-5009 FAX www.icgov.org Name Address City, State, ZIP Dear Property Owner: This is to notify you that the City Council will be considering a resolution on June 16, 2009 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council If you have any questions about the resolution, please contact my office at 356- 5040. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division-w/enc. M,L~ Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 09-2~n RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2010 FOR THE CITY ATTORNEY AND CITY CLERK. 19 WHEREAS, the City of Iowa City, Iowa, employs the City Attorney and City Clerk subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salary compensation for the said unclassified personnel; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following compensation is hereby established effective July 1, 2009: Salary: City Attorney - $75,329.28 (60% FTE) City Clerk - $97,115.20 Passed and approved this 30th day of ATTEST: 7~ ~~~1~ CIT LERK ~r ~ --1~i It was moved by Wi 1 hiirn and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey X Champion ~ Correia ~_ Hayek X O'Donnell X Wilburn ~_ Wright clerk\res\salaries 10.doc ~~ - 'w CITY OF IOWA CITY MEMORANDUM To: City Council From: Jann Ream Date: 6/ 19/2009 Re: Snow Removal Policies and Assessments Attached is documentation and information concerning four properties whose invoices for snow removal and curb side pick up were appealed. During the 6/16/2009 City Council meeting, members asked for some clarification as to how staff deals with snow removal issues. One of the attachments is the official snow removal policy adopted by City Council in 2008. Both the tag left on the door and the follow up violation letter reflect this policy. All investigations of snow removal from public sidewalks are complaint driven. If an inspector is at a property with a snow violation and sees other violations on the same frontage (same side of street from intersecting street to intersecting street), he or she will also tag those properties. The tag left at the door states that a re-inspection will occur within 24 hours. Because of time constraints for the inspectors and intervening snowfalls, many times the soonest the re-inspections occur is within 48 hours giving property owners even more time to clear the snow. Because, staff has to wait 24 hours after a snowfall of one inch or more for both initial and re-inspections, it can become difficult to get to a property if snow keeps falling. The amount of snowfall Iowa City received the past two winters made this especially difficult. Sometimes, there was a significant amount of time before staff could do initial inspections after a complaint or re-inspections to see if the snow was removed. If a property owner removes the snow after getting the initial violation but then does not remove subsequent snows before staff does the re-inspection, a contractor will still be hired to remove the snow. They do not a get a warning for each subsequent snowfall. The City does not forfeit the ability to remove snow if staff does not get back to re-inspect after 24 hours. Besides these property owners contesting the assessment, many property owners contest invoices for snow removal. Staff is exploring procedures in order to avoid these issues in the future and to provide documentation to support the charges. A photo taken by staff will not address the problem of clear documentation of violations. In those instances where staff has taken a picture before sending in a work order, many property owners will still contend that they cleared the sidewalk in between the time the inspector was there and the contractor came out to do the work. Staff is working with the contractor on the possibility of having the contractor take a picture of the sidewalk immediately before clearing it. OPERATING POLICY FOR SIDEWALK SNOW REMOVAL (A) Notice to Public In November of each year or as may be deemed appropriate by the City Manager or his/her designee, the public will be notified of the requirements of the sidewalk snow removal laws by various means. (B) Areas of Snow Removal Enforcement of the snow removal provisions of the Code of Iowa City on the basis of citizen complaints shall be as follows: When a citizen complains about a public sidewalk adjacent to a specific street address that has not been cleared within 24 hours after the cessation of snowfall of one inch (1") or more or any amount of ice, the Director of Housing and Inspection Services shall cause the complaint to be investigated and, if valid, the notification, reinspection, and removal procedures as outlined herein may be initiated. The field investigation of the complaint and the enforcement action may not be limited to the specific address given, but may include the entire frontage from intersecting street to intersecting street. (C) Measurable Snowfall and Enforcement Twenty -four hours after a recorded snowfall of one inch or more or any amount of ice has ended, the complaint response for sidewalk snow removal will be administered as outlined above. All complaints shall be forwarded to the Department of Housing and Inspection Services and inspections will be carried out by the department. Public walks shall be completely cleared the entire width of the sidewalk down to concrete and suitable for public use. If the inspector finds that the public walk has not been cleared of snow and ice as required herein, the property will be posted with a notice reminding the occupant of the code requirements to clear the sidewalk. The property owner or agent of record will then be sent a letter of violation by regular mail informing them that subsequent violations will be abated without further notice and may result in a citation for a municipal infraction. The City will attempt to do a follow-up inspection within twenty-four hours after notice of the ordinance requirements has been left at the property to see if the removal of the snow has been accomplished in accordance with this rule. If the snow and ice have been removed in compliance with this rule, the enforcement will be terminated. If the ice and snow have not been cleared as required, the inspector will authorize an approved snow removal contractor to remove the snow and/or ice from the sidewalk in violation and invoice the City for the work. The City Accounting Division will then invoice the property owner for the expenses incurred with the abatement process which includes both the charges from the contractor and an administrative fee from the City. Nov. 2008 NOTICE OF ~''' '~~ VIOLATION CITY OF IOWA CITY RE: Snow and Ice Removal On / / A City Inspector observed a violation of Section 16-1A-8 of the Iowa City Code. This section requires owners, tenants, or other responsible parties to remove all snow and ice from public sidewalks, abutting their property within 24 hours of accumulation. If snow and ice have not been cleared to concrete across the entire width of the sidewalk, the City will contract for removal and bill the property owner for the cost of removal plus a $50.00 administrative fee. A reinspection will be conducted within 24 hours to determine if the property has been brought into compliance with the City Code. If not, a snow removal contractor will be authorized to clear the sidewalks and the property owner will be liable for all associated costs. This is the only notice you will receive this snow season. Subsequent violations at this property will be cleared without further notification to the property owner or tenant. If you have any questions, please call Housing 8< Inspection Services at 356-5120. v,,,~-.~ CITY OF IOWA CITY MEMORANDUM To: City Council From: Jann Ream Date: 6/ 17/2009 Re: Assessment for 877 Normandy Drive Attached are materials documenting the $100.50 charge for removing discarded items from the curb at 877 Normandy Drive. March 13, 2009 -H.I.S. received a complaint concerning garbage and discarded flood damaged materials both on the private property and the street right of way. Complainant said it had been there since the flood receded. March 17, 2009 -H.I.S. Code Enforcement Asst., Jann Ream, went out to property and verified that there was stuff on the curb and on the private property. Notified Solid Waste about the stuff on the curb and sent a Notice of Violation to the owner concerning the material on the private property both to the Normandy address (hoping that her mail was still being forwarded) and also to an address on Hastings which the Planning/Flood staff had as a temporary address for her. She was given until April 3, 2009 to comply. March 18, 2009 -Solid Waste inventoried the items in the right of way and put a 24 hour tag on the materials. March 19, 2009 -Solid Waste determined a 3`d address for the owner (in Lone Tree) based on Utility records and sent the letter dated March 19, 2009 from Toni Davis to that address. They gave her another week to remove the items from the curb. March 20, 2009 -H.I.S. resent the Notice of Violation concerning the items on the private property to the Lone Tree address after notification of the new address from Solid Waste. March 26, 2009 -The owner, Lois Hughes, came in and spoke to Jann Ream. She explained that she had gotten the letter Monday, March 23`d but this was the first day (Thursday, March 26) that she could get to Iowa City. I gave her the United Way numbers so she could see if volunteers were available to help her to do the clean up. I also told her that she would be given more time to clean up the private property. She was concerned about the letter from Public Works and had not yet been to the property to see if the curbside had been cleaned up. I told her to call Solid Waste if she had questions about the items on the curb or if charges were incurred. She asked where those offices were but she was not told she had to go there to settle the issue. April 1, 2009 -The owner called Solid Waste and spoke to Toni Davis. She told Toni that she probably got the letter on Monday, March 23, but did not open the letter until the evening of March 25. She was told that she had been given ample time to remove the items - a week as opposed to the norma124 hours. Staff felt that they needed to treat her case in the same way and according to the same rules that had been applied to the other residents of Park View Terrace. May 14, 2009 - Jann Ream re-inspected private property. It was essentially cleaned up except for a few items. m O n .^T.i O 3 N a m v ~ a -' Z O n ~ m °' O O ~_ Z ~ W W V N N O O t0 <O ~1 :~] 7 ~7 m ~ m N -° ~ ~ ° Z o Z ° O n m O T Q W s N O N N O O t0 t0 ;L1 ~ f~D fD m N ~ ~ n o' O N 0 cn D d N ~ O O CD Ut O ~_ y .A m N N O O CD W N N ~ O1 A N N O O O ~ ~ L T] TJ d W O A O m O a z 0 N 0 ~ ~ ~ ~ ~ m m m m m m cn co ~. ~ r co ~c ~ ~ -~ ° o ~ a o Tod ° ? o ~ m o ~ ° ~o 3 °1 y ° ~~° ~ nu~i y ~ -Im m °~o ~ ado Q~ ~ o.a ~Q' ~ v ~~~ O ~ M d N .C-. N O d ° m °. ao,7 ~ m ° a~ ° 3 N+a N NN SfD 7 O`~< 3~0 ~ ~ CD . N y 0 fD Vl Q O N O C yy 7 fn n 0 3 ~p 7 fD ~~ N~ S C Z~ ° y c ao ~,am ~ O N ~. ~ .O CD ~ O y ~ C vOi ,+~ `< N p O7 _O_fD .DSO Q d~ 7 f0 N O d (D ~ p_ .C+ S ~ d O. j 7 C ~ 'D 7 d "' !A 3 O. O ~ Q _ n (Q ~ f0 O O m~ ~ o ~ 3•tNp m ~ ~ a m o < .D m cn m ° ,~ y m « ,-. c d O y S (n 0 fD (D fD O ~ N S? X -w C n d 7 3 CD CAD 'O ~ .7, -1 c ~ o n~ x°1.3 ~ m ° •o ~°-o--.o».v ~. 0 3 ~ o saoa ~ m _ o O N ~ 0~~ 7 y N a V 1 a~ 0 3~ C3D N f~D aS'*fD j 7 m 5 Q ~ °>> (n o c m o~n¢1f7o m N > n ~ N fA O. C .~.' ~ fD < 7 7 3 ~ 7 C j d j (~D O ~ N ~. ~k O ~, N N (D N (D O ~ d ~ _ 0 3 -fD to fD O W Z T~ N D Z Tv /~ D `/ fy~ \• 1"h ~• ..}~ 0 ~^ J O 1 W v N ~ O ~_. v ma r. o .. ,r ~~.®~r,~ ~t ~I11~ ~ ~- ~ ~®i~l ~c.a4_ CITY OF IOWA CITY March 19, 2009 Lois M. Hughes 401 E. Linn St. Apt. #2 Lone Tree, IA 52755 Re: 877 Normandy Dr. / 24 Hr. Tag Dear Lois: On Wednesday March 18th at 11:30 am our Solid Waste Division placed a 24 hr. tag on the debris adjacent to the curb of your residence. We were not able to locate a phone number for you, so this letter is your written notification of said tag. We have extended the deadline from 24 hours to 1 week. The debris must be removed from the public right of way by 11:30am on Wednesday, March 25th. If it is not removed you will be charged for each item individually, based upon our current curbside pickup rates, plus the cost of equipment and labor. If you have any questions, please contact me at 356-5180. Sincerely, l~ ". Toni Davis Clerk /Typist Solid Waste Division Cc: Rick Fosse, Public Works Director Bud Stockman, Streets, Traffic Eng., & Solid Waste Superintendent Rodney Walls, Solid Waste Asst. Superintendent Jann Ream, H.I.S. Code Enforcement Asst. CUSTOMER ADDRESS ZIP 10024901 J ~~_~ DATE MERCHANDISEISERVICE DESCRIPTION FUND COST CENTER EXPENSE AMOUNT ~r~ 3 ~, "~~ 1~'.'~ada~~ ~~ $ r t~~~ i' ~- ~ / 6~ ~~d, v'- $ ~ fC. ~~ ;~f / C~~ ~i ! NV~~ :,../ ~ ~ G ' ~ / -/ ~ ."rJ! L~ ~ ~ J ( r L ' ~,~~~ $ I Lf f / r ~ / /'j ~ ~ 7'~ `° _ ` ~ lit fPi f~' ~"~ j ~ j ,, / ~ '~ IYa(.~u") $ r /"`I, ~"'1 c.'` („f ri-i ' Ted ~.~ •1~i~ ~ ~. /~ •-~l~ dT C~~~~ ~ ~ (~ $ ~~ , TOTAL: $ [~~, ^ Mail attached. (Provide file copy of attachment.) Authorized Signature Department/Division finac.^tg/graphicslnvoice-form. indd CITY OF IOWA CITY -INVOICE REQUEST -.. _. i' inn ~-~~ ~ /~=' ~cc,~ ~ ~~ ~ ~~ ~~ ,,~~~~~~ ~~ S S i GCc~ L(~~ ~~ ~~-L~ I~C~I ~~ r ~~ ~~u~e ~~ tu2~ ~ h I 1 `r~ ~~d ~ fY'v~ r-~c~~t ~ ~,r L ~ ~`~~ C Y ~. ~~~~_ ~~, (~~ 7~~~I~~4rl~ ~a ,;d ~~~ ~ dt~ ~.~r~ ~idn ~~ rl~~~'L ~ ~ ,red ~ ~ .r~~ h~" ~- ~l~'~-h U~~n ~ ~ h I ~ ~ ~,c~Gt S ~~'~-~ir1 ~v~~l~i~ l~F~v~~~~~~~us L~.~f - ~G~.p S ~-~~'~r~~`~~ ],~~ r~I i 9yc.~- ~ ~~~ ~x lain-~d ~~Gt.~r ~ ~ herd ~-~~'~' 1~~~~`' 1~r add~~~~~ ~~c~. ~~ S~~'~~d ~ ~ c~i~vfl~c'uIl ~D~. ~~- s~-D I (~?tzl~c~in~f ~c~v~-7YtC 1't ~~ bYU d i d /~ f~ ~-~ r~ ttr~-{ i (Li>~~ A IG&hl ~ ~ ~ N ~ I,~A ~l S -' SO /~ ~ la.~~ sf~ ~~i~naF. ~OT~s T MEMORANDUM To: City Council From: Jann Ream Date: 6/ 18/2009 Re: 2714 Ferndale Drive The owner of 2714 Ferndale Drive, Rachel Seldon, has appealed the assessment of her unpaid snow removal bill of $239.00 ($189.00 in contractor charges and $50.00 adminstrative fee). She is disputing the charge because she states that she cleared her sidewalk after getting the snow notice on January 9, 2009. She supplied a note from her employer excusing her from work that evening so she could clear her walk and she also submitted a note from a neighbor who stated that Ms. Seldon had done a superior job removing snow since her original notice. Attached is the action report from the complaint case and a copy of the invoice form Mall Service (the contractor hired to remove the snow). A City inspector verified twice that the walk had not been cleared - on the initial inspection on 1/9/2009 and on the re-inspection of 1/20/2009. We had no other complaints on Ferndale that were investigated this snow season so there should not have been any confusion as to which house it was. There is a large discrepancy between the date the house was tagged and the date we re-inspected. This is because between 1/9/2009 (date tagged) and 1/20/2009 (date re-inspected), the Iowa City area received another 11 inches of snow. The inspectors cannot re-inspect unti124 hours after each subsequent snowfall. Saturday 1/10/2009 - 3 to 4 inches Sunday 1/11/2009 - light dusting Monday 1/12/2009 -storm started -snowed thru Tuesday night (1/13/09) -total was 7 inches The week of 1/12/2009 to 1/16/2009 was incredibly cold so snow inspections were suspended for that week. We did not expect anyone to risk injury or frostbite trying to remove snow and ice. The Iowa City School district closed schools on 1/14, 1/15, and 1/16/09. Saturday 1/17/2009 -another light dusting On Tuesday, 1/20/2009, the inspector verified that the sidewalk at 2714 Ferndale was not cleared. A work order was sent to Mall Service and they cleared the walk on 1/21/2009. Please note that Ms. Selden's letter indicates that the walk was cleared on 1/20/2009 -this is incorrect. She also indicates that 3 inches of snow fell on 1/20/2009 - this is also incorrect. Because of this appeal and the appeals on Kathlin Drive, I asked KCRG meteorologist Josh Baynes, to verify the snowfall totals for the dates of 1/20/2009 through 1/27/2009. He checked with the Quad Cities NOAA office who keep the official totals for the Iowa City area and these were the amounts of snow that fell during that time period: 1/20/09 thru 1/22/09 - no snow, 1/23/09 -trace, 1/24/09 - no snow, 1/25/09 - .3 inches, 1/26/09 - no snow, 1/27/09 - .3 inches. During my communications with Ms. Seldon concerning this snow removal bill, I explained to her that she may indeed have removed snow from her walk after she got the notice on 1/9/2009. However, both the tag left at the property and the subsequent violation letter very clearly expressed that it is her obligation to clear the sidewalk within 24 hours after a snowfall of one inch or more and that she would receive no further warnings for the remainder of the snow season. She did not do that based on the inspector's verification that the walk was not cleared and the invoice from Mall Service which indicates substantial work was required to remove the snow and ice. CITY OF IOWA CITY a •• o c cYi 0 ~ ~ .~+ ~ C p '~ O d N Y / N N 0 1 ~C G 0 V • ^ A~ W U L .~ .; •~ ~~ V Q L- W J Q Z O W Z a o r m N o~ M A N m A 01 is O 0 0 of M N f9 O H N w C . ~ V f0 O i O O N 7 d O O N . ~ O1 (9 a N O L N n ~ i a a N m 0 N ~ V ~ M U ~ O ~ C ~ m C N ~ 0 0 0 0 0 0 ~ O ~ O ~ 0 ~ U ~ U ~ ~ o ~ o 0 0 0 0 0 0 N N N N N N r o o rn rn a o N N N r ~.. g ~ r r r O O N O N m O O N O N H a w U U w ~ ~ ` z ~ 3 m > O v ~ ~ o O m Z m ~ ~ U p 4. - C IG d ~ C C N N N N d U C C N (n ~ ~ ~ in ~ ~ U r (0 Q. ,~ '. ~ ~ v' Rachel Selden •~~ ::;~ 2714 Ferndale Drive == µ .. ~,,,~ Iowa City, IA ---~ `.., Q `~ -,.r ~,... J ~ P ,~ r ~ ..•'r~ Q` Dear City Council, This letter is addressing my snow removal charge on January 20, 2009.On January 9, 2009 I received a notice from the city concerned about my snow removal on Friday, January 9, 2009. Earlier in the week I had been home in Des Moines, Iowa visiting my sister, in Hospice Care. Unfortunately, because of her turn for the worse when I left home on January 4, 2009 I did not plan my snow removal while I was gone. I was forced to come back to Iowa City from Des Moines on January 9, 2009 to come back to work at my job, Givanni's. I'm also a substitute elementary teacher. I discovered the notice and immediately took action. I called into my work and asked someone to cover my shift so that I could stay home and get the sidewalk cleared before the city came back-24 hours later according to the notice. My manager wrote a note verifying the situation, also enclosed. Next, my fiance and I went to Menards to buy materials to attack the ice. I've included the receipt with my papers to show that I addressed this immediately! II have also included in my paperwork a note from my next-door neighbor verifying that I took care of the issue as soon as I returned, as well as throughout the winter. Please also note that although my notice stated they would return in 24hours they did not come back until 11 days later. The days in between were the days that the schools closed for a week because of the cold. There was also 8.5 " of precipitation during those eleven days, 3" were on January 20, 2009. (Weatherchannel. Com.) As a substitute teacher, I had plenty of time to make sure that my sidewalk was clear. The day that the City came I was again home during the time frame given to me from calling about the bill with my two dogs. I did not see them. I'm sorry to take this bill this far, but I did call the City Clerk six times trying to negotiate the bill and explain the situation. I believe this bill to be an error. I'm not one to complain, nor ever not pay my bills, but I truly believe there was a mistake in sending me this charge. I'm a very responsible young woman with two jobs and in graduate school. Please note all of the information above in your decision. I appreciate your consideration in this matter. Sin erely, il~~~~~ June 15, 2009 To whom it may concern, Rachel Selden is an employee at Givanni's in Iowa City she has been employed with us since July 2005. On the evening in question Rachel called in for her 5:00 serving shift to let us know that she had received a notice from the City that she needed to clear her property of snow and that she would not be able to work. Thank you, Heather DeBord manager Givvani's a ~- .Y ~. = ~~~ ~; ; ~ , ~- ~~. ;:' ~ ~~~ ,~ ~ '.+% \,J1 C3~ Ic ".1v~o~ ~~ i~1o.~ Co~C~rh to ch e,\ S~~ ~~-~ , rn`/ n~'~Y~ba~, has c~o~ne o, sU~pz-riot' jab o~ Sv~o W hey' Y~o~ IC° . ~0.~~~~ re m6va\ s~ vac,, ~, l~e~' house- avid -}- a~ce5 ~ r ~C1. ~ ya~~, P\ease~ ca1~ me.. ~~ you hove any G~u~~~~nS. ~a\~~~Li1 ~o -~\~ '~Z~ 536 ./ S~'y ~'~ ~ _ _.,... ~,,.ecoaa ,. ,.... ~~x~ '~ ki1 ' ~ ~~ ~~,„,~3 ~ ~ ~.i7 ~,,,~r.~ CITY OF IOWA CITY To: City Council From: Jann Ream Date: 6/ 17/2009 Re: 1918 Kathlin Drive MEMORANDUM January 6, 2009 - Received complaint that the Benton Street frontage of this double frontage lot was not cleared. January 21, 2009 -Did initial inspection. The discrepancy in time was due to several major snowfalls and a week of extremely cold weather that prevented inspectors from doing inspections. Inspector Julie Tallman verified that the walk had not been cleared. She left a tag on the house that same day and also mailed a violation notice to the owner. January 26, 2009 -Did re-inspection. Normally, the inspection would have been Friday, 1/23/09 but it started snowing again. Staff does not inspect on Saturday or Sunday so Monday, 1/26/09 was the first opportunity to do re-inspections. Inspector noted that the walk had not been cleared. The work order was not prepared until the next day, 1/27/09, but it started snowing again. Because we were unsure of how much snow would fall, the work order was not initially sent. Later that day, the snow stopped and because the accumulation was less than inch, the work order was sent. January 28 & 29 - Contractor went out 1/28/09, got up what they could, put down ice melt and then had to go back the next day to finish up. The time needed to clear and amount of ice melt would indicate that there was more than just the .6 inches of snow that had fallen in between the first and second inspection. (see attached verification of snow fall between 1/20/09 and 1/27/09) The owner at 1918 Kathlin during a phone call disputing his bill made the statement that he had seen the contractor there clearing but it was his neighbor's walk. Since both walks were cleared, it is possible that each neighbor happened to observe the contractor when the other neighbor's walk was being cleared. There were four addresses originally tagged along this stretch Benton Street sidewalk - 1902, 1910, 1918 and 1924 Kathlin Drive. When Ms. Tallman reinspected on January 26, she noted that the 1902 and 1924 walks had been cleared and closed those cases for compliance. Because a City inspector verified twice that the walk had not been cleared and also because of the detail of work done by the contractor, we saw no reason to remove this charge. Documentation attached. Q .. CV C O O ~_ N ~ C O .~ O ~ N O 0 1 S~ G O yU~,~ TwF, W V L w- N ~+ .; V Y~ _Z JT i ~Q] i W r d7 r d O Z Q O d o° 00 d O N d 10 d is O 0 a .` u N d O 0 0 N yj (O h O ~ ~ U w C O 'E c v '~ m ~ °o ~ o ~ ~ ~ O ~ t O a~ O O N "' O ~ O U j N L O) N ~ ~ N N O O. 7 0 n L L O ~ r C O '0 0 0` aoo ay N N p N O 003 ~ ~, N O N N ~ 0 V m n O C ~ ~ 01 O fn C C (0 C '0 O O C L 0) C rn C ~ 0 m N Y O) :° Z Z Z Z Z Z Z Z p p O p O p p p 0 0 0 0 0 0 0 0 N N N N ` N = N ~ ~ N N N N N ~ N ~ r r r r r r O O O N N m O O O O O N N ~ ~ N N F- d N W U on U_ W n H ~ w Z ~ ~ ~ a ~ ~ ~ 'a~ Z O ~ ~ °' O ~ Y o ~ ~ Z °~ o aUi uni o v ~ IO ~ n C U C ~ p '~ m o n U J ~ ~ ~ c~ E O o a~ " 0 0 _ ~ ~ ~~ U ~ U 0 (~ d MALL SERVICE INSTANT GREEN 1841 SO GILBERT ST IOWA CITY, IA 52240 319 351 3009 CITY OF IOWA CITY HOUSING INSPECTION Jann Ream 410 East Washington Street Iowa City, IA 52240 Statement Account No. Date 842 01/31/09 Total Amount Due $ 168.00 Date Due: 02/17/09 Amount Enclosed $ REMIT TO: MALL SERVICE INSTANT GREEN Services Rendered At: CITY OF IOWA CITY 1918 Kathlin Drive Previous Balance: Page # 1 Iowa City IA 52240 0.00 DATE DESCRIPTION AMOUNT 01/28/09 01/29/09 2 men 1 hr, 2 bags ice melt 2 men 1 hr, second time 98.00 70.00 Current Over 30 Over 60 Over 90 Total Amount Due 168.00 $ 168.00 Thank you MEMORANDUM To: City Council From: Jann Ream Date: 6/ 17/2009 Re: snow removal at 1910 Kathlin Drive January 6, 2009 -Received complaint that the Benton Street frontage of this double frontage lot was not cleared. January 21, 2009 -Did initial inspection. The discrepancy in time was due to several major snowfalls and a week of extremely cold weather that prevented inspectors from doing inspections. Inspector Julie Tallman verified that the walk had not been cleared. She left a tag on the house that same day and mailed a violation notice to the owners. This is a rental property so the tag immediately notified the tenants and the mailed violation letter notified the property owners. January 26, 2009 -Did re-inspection. Normally, the inspection would have been Friday, 1/23/09 but it started snowing again. Staff does not inspect on Saturday or Sunday so Monday, 1 /26/09 was the first opportunity to do re-inspections. Inspector noted that the walk had not been cleared. The work order was not prepared until the next day, 1/27/09, but it started snowing again. Because we were unsure of how much snow would fall, the work order was not initially sent. Later that day, the snow stopped and because the accumulation was less than inch, the work order was sent. January 28 & 29 - Contractor went out 1/28/09, got up what they could, put down ice melt and then had to go back the next day to finish up. The time needed to clear and amount of ice melt would indicate that there was more than just the .6 inches of snow that had fallen in between the first and second inspection. (see attached verification of snow fall between 1/20/09 and 1/27/09) When the owner got the bill for removal, they passed that along to their tenants. Both the owner and the tenants called disputing the bill. (did not keep the exact dates of their calls). The tenant, both in her phone call and subsequent letter, stated that she had seen Mall Service there clearing but it was her neighbors walk (1918 Kathlin) so they must have gotten the addresses confused. The neighbor at 1918 Kathlin during a phone call disputing his bill made the same statement -that he had seen the contractor there clearing but it was his neighbor's walk. Since both walks were cleared, it is possible that each neighbor happened to observe the contractor when the other neighbor's walk was being cleared. There were four addresses originally tagged along this stretch Benton Street sidewalk - 1902, 1910, 1918 and 1924 Kathlin Drive. When Ms. Tallman reinspected on January 26, she noted that the 1902 and 1924 walks had been cleared and closed those cases for compliance. This would seem to negate the claim made by the tenant at 1910 Kathlin that the inspector would not have been able to see if the walk had been cleared because of the large piles of snow on the right of way. Ms. Tallman remembers that she walked the sidewalks during her reinspection. Because a City inspector verified twice that the walk had not been cleared and also because of the detail of work done by the contractor, we saw no reason to remove this charge. Documentation attached. ~,w~-a CITY OF IOWA CITY N (L] CD O O v'I O ~' N (D T W ~ > > O n n -o m d ~ N °' O ~ ~ a o~ ~ o m o m Z~ ~ O Z 7 o a < fD Z y O ~ G d Z] O ~ n n -°o m m cu ~ ~ ~ 0 N N N O v N N N ~ O O O O (D CO v N d v ~ N N O O (D i i i i i i 0 N N N ~ V V A N N N N N N N N N W O O O O O O O O O O O O O O O O t0 i0 !O t0 i0 10 tD tD L L L L L L L L ~ ~ --I --I --I --I -1 Z7 O O m z z z z z z z z ° • m m m m m m m m ~ °' ~ W > W j > o j o o ~ 0 O O O ~ ~~ 00 ~ y 0_ 7 7 f/~ p ~ A i W N ~ ~ ~ N N ~ n N a ~ O ~ °o ~ ~~ O N d N x ~ O N ~ ago ~~ w, o ,-. A ~ ~ O ~ O ~ ~ ~ p~ .-. N ~ O Q O. j (~ .N ~~ _. ~~ ~ :°. N O ~ O ~ C ~ O -~ C N y N ~ O ~ O N O O d ~ . __ ~ O O ~ d N O O O Cfl O S r Z v D `+ !"F ~• p.~~ ~• N O n N ^~ O N C~1 v N ~ O -1 O ~ a o o~ N A D April 24, 2009 To Whom It May Concern: Please see the enclosed letter from our renters at 1910 Kathlin Dr. in Iowa City, Yasser EI-hattab and Ayat Ismail. They have enlisted our help in pursuing the appropriate channels to appeal this citation. It is my understanding that Ayat has called the city trying to find out how to accomplish this appeal but still is unclear, as am I, on how to proceed from here. Could someone please forward, hopefully in writing, the procedure they need to follow to appeal this citation? I am enclosing addressed, stamped envelopes for your use. Please send this information to them at ... Yasser EI-hattab and Ayat Ismail 1910 Kathlin Drive Iowa City, IA 52246 Please forward a copy to us at ... Steve and Jane King 1169 IWV Road SW Oxford, IA 52322 Thank you for your attention to this matter that I hope to help them get this resolved quickly as several months have already passed. Feel free to call me if you need to at 319-631-2390. Sincerely, ... ,~ 4f` , C: Jane King enc Dear Sir/Madam, This letter is in reference to the fine that was imposed on us, regarding the snow believed by the city not to have been shoveled on Benton Street for the address 1910 Kathlin Drive, Iowa City, IA, 52246. Two or three days after Martin Luther King day (Monday January 19`h 2009) we received a notice from the city to remove the snow within 24 hours, and that in case the snow was not removed the city would hire a contractor to do the job, and charge us later. On the very same day in the evening my son removed the snow and came into the house, and because the notice was specific about removing the snow across the whole width of the sidewalk, my son and I went out again and made sure that the snow was removed according to the specifications written on the notice. The next morning, by looking outside the window, I made sure that the snow was properly removed In spite of our having shoveled the snow in accordance to the city's specifications written on the notice, we are still facing a fine. I would like to state that it is possible that the inspectors inspected the wrong house, as our residence is located between two houses of which the sidewalks, at the time, had not been shoveled. However, assuming that the inspector did not inspect the wrong house, it is very likely that her view was obstructed by the heaping amount of snow that accumulated at the sides of the sidewalk following shoveling (particularly that what I understood from the inspector on the phone that the inspection was carried out from across the street),and in which case the condition of the sidewalk had to be viewed from above Thank you very much for taking the time and effort to ensure the safety of all pedestrians, cyclists and drivers of the city cf Iowa City. Sincerely, Ayat Ismail D ~ ~+, r~+ • ~' ~ ~ ~ ,. ~ ~ ~ ~ ~ ` ~ ~ ~ D ~ ~. ~ ~ L am: ~ l ~ ~ O r . ® s ~ ~ ~ ~ ~ ~. C~ "'~ ~"' H .~.Mo -!, •: a ~~ t~t ~~~ i ` i..~. r\ ::i- ,., ~ ~ ~ - !A~ _.! C.,. ~., ,~~ 1 ; 4.. ~.^ 0 ~ 0 ~ ~~ `D m ~ mar= ~ c D~~ ND~ ~~ ~ :~ ~~ N ~ ^ _ ~( , ~J r ~A O DO 2 Z ~ n -~ o ~~ NO o D n O D ^ ~ ` J N ~~ -A O a o N uNrr~o S ~ ~ ~ ~~ Q ~) ~ a ~ ; ~ a yo ~ ~ may N '4 ~ ~ z ~ Z7 ® t m° ~~ C7 s O ~ ~ $ N N~ N# N O A O O CC7 0 ~ ~~ n_ ^ ~ ~^ n.~~ r O m O _ ~ z n O z ~~ ~ O D n D l , ~ ` J N ~~ O ~ ~ N UNITF4 S N ~ ~ ~~ ~ a ~ ; "ja ~' ~ aY ~~ ~ <~ ~ C7 ~> ono= N ~ O ~' GI7 AA N NMI N ~~wt .A ~ ~ O cn Page 1 of 2 ~"`" e m ~ ~, (=o *a ti ... Lois Hughes °'t -~ ~~`~`; t;: ~ ~ From: "Lois Hughes" <loisnjake@mchsi.com> , ~, - To: "Lois Hughes" <loisnjake@mchsi.com> +'~, Sent: Thursday, June 25, 2009 4:24 PM ~ E ==~' t-! I'm writing in regards to an assessment against the property at 877 Normandy Dr. in Parkview Terrace. Throughout the summer, after the flood, we had been placing damaged belongings on the curb for pickup on a daily basis. I was not living there and did not always get notices from the City in a timely manner, even though I gave the flood recovery office my cell phone number and the address where I was staying at 3212 Hastings Ave. At one point, I left several items on the curb and then took a break from cleaning and was out of town for a couple of weeks. When I returned, I discovered they were still there. There had been an early snow and the items were frozen down so that I couldn't move them. When I inquired, I was told that the City was no longer picking up flood damaged items and that I would have to arrange for disposal on my own. There might have been a time when I could have gotten them loose but I was living in Lone Tree by then and it was no longer easy to get up here to deal with things. There was no heat or water at the Normandy house so I suspended my clean-up operation until spring. I notified the flood recovery office of my address change to Lone Tree when I moved in Dec. 2008. It was still too cold to work at the house so I took some time off and was out of town the weekend of March 21-22 and Mon. the 23rd. I worked on the 24th and retrieved my accumulated mail that afternoon. In going through it that night I discovered four letters from the City. Two were addressed to the Hastings Ave. location, postmarked March 18th, the previous Wed. and two were addressed to the Lone Tree address and postmarked March 20th, Friday. They all four stated that as a result of a neighbor's complaint, I was being ordered to remove the items from the curb in front of my Normandy Dr. house by 11:30 A M on Wed. March 25th or the City would do it and charge me. I went to Iowa City the next morning to take care of things and discovered that even though it was not yet 11:30, they were already gone. I called the number on the house tag that I found on the property and was told that there was nothing they could do. I was refered to someone in the lower level of the Civic Center named Jan, (I think). I went there to explain that the "week" that I had been given to do the clean up had been taken up with notices being forwarded back and forth and that I had only just learned of the situation the night before. I was referred to 6/26/2009 Page 2 of 2 another office that I was told was down by the Soccer Fields so 1 went there and told the story again. Those people said they had nothing to do with my problem and called another office and let me talk to someone else who also said their office could do nothing for me. Their only suggestion was for me to bring it up be#ore the City Council. 1Nhen I got the most recent notice that the charge was going to be added to my property taxes, I decided to do just that. I don't feel that I was given adequate notice under the circumstances and I don't feel that the charge is fair. I am asking that the assessment be waived. r ~. ;~ SOI~~'L\ cY ~~Q- J Q...lv~ ~ ~~~vW~ `^' ~© c C. ~ J ~ ~w ~y ~ ~~ ~ ~ 6/26/2009