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HomeMy WebLinkAbout2003-09-09 Resolution Prepared by: Anissa Williams, JCCOG Traffic Eng, Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 03-281 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR A'I-I'AINMENT PROGRAM (ICAAP) FOR THE ARTERIAL STREET TRAFFIC SIGNAL INTERCONNECTION PROJECT. WHEREAS, the Iowa Department of Transportation has made funds available for projects to reduce vehicle emissions; and WHEREAS, delay along artedal street corridors causes traffic congestion, which produces excessive levels of vehicle emissions; and WHEREAS, an artedal street traffic signal interconnection project has been developed which will reduce congestion and vehicle emissions along arterial street corridors in Iowa City; and WHEREAS, Iowa Clean Air Attainment Program funds will be required to complete said traffic signal interconnection project. 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 Iowa Clean Air Attainment Program funds. 2. Staff is authorized to file any additional documentation that is required by the Iowa Department of Transportation. 3. The City agrees to maintain and operate the signal interconnection project for public use dudng the project's useful life if funding is approved. 4. The City of Iowa City agrees to commit the necessary 20% matching funds up to an amount not to exceed $49,373 for project implementation. 5. That the Mayor is authorized to sign the application form and any subsequent grant contracts with Iowa DOT. Passed and approved this 9th day of September ,20 03 Approved by City Attorneyls Office Resolution No. 03-281 Page 2 It was moved by Kanne~' and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion ~ Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Anissa Williams, JCCOG Traffic Eng. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. AUTHORING THE FILING OF AN APPLI( WITH THE ~EPARTMENT OF TRANSPORTATION FOR FI. FROM THE IOWA AIR ATTAINMENT PROGRAM (ICAAP) THE ARTERIAL SIGNAL INTERCONNECTION PROJE WHEREAS, the of Transportation has funds available for projects to and WHEREAS, delay along street corridors congestion, which produces excessive levels of vehicle and WHEREAS, an arterial street sig project has been developed which will reduce congestion and vehicle arteria and WHEREAS, Iowa Clean Air will be required to complete said traffic signal interconnection project. NOW, THEREFORE, BE IT RESOLVED CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Staff is authorized to submit an apl: the Iowa Department of Transportation for Iowa Clean Air Attainment 2. Staff is authorized to file any ditional entation that is required by the Iowa Department of Transportation. The City agrees to maintain e signal in~rconnection project for public use 3. during the project's lis approved. ~ 4. The City of Iowa City to commit the necessary 29,% matching funds up to an amount not to exceed I =or project implementation. \ 5. That the Mayor is au to sign the application form arf~ any subsequent grant contracts with Iowa D( Passed and approved this day of ,20 . MAYO R ApprovJ~d by CITY ~{~,~ttorney s Office Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-277 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LIBERTY BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 434 WESTSIDE DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $5,000, executed by the owner of the property on May 31, 2002, and recorded on June 3, 2002, in Book 3306, Page 824 through Page 827 in the Johnson County Recorder's Office covering the following described real estate: Unit 434, Building II, Mallard Point Condominiums, according to the Declaration thereof recorded in Book 1853, Page 82, Records of Johnson County, Iowa, together with a 1/36th interest in the common elements. WHEREAS, Liberty Bank is refinancing a mortgage in the amount of $106,575 to the owner of 434 Westside Drive and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgage held by the City be subordinated to the loan of Liberty Bank secured by the proposed mortgage in order to induce Liberty Bank to make such a loan; and WHEREAS, Liberty 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 Liberty Bank; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien, which is the City's original position. 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 Liberty Bank, Iowa City, Iowa. Passed and approved this 9th day of September ,20 03 MAYOR Approved by CITY'CLERK City Attomey's Office ppdrehab/res/subord434westsidedr.doc Resolution No. 03-277 Page 2 It was moved by 0'Donne11 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion ~' Kanner X Lehman X O'Donnell X . Pfab X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Liberty Bank of Iowa City, Iowa herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortclacle which at this time is in the amount of $5,000, and where executed by Toby M. Trail (herein the Owner), dated May 31, 2002, recorded June 3, 2002, in Book 3306, Page 824 through Page 827, Johnson County Recorder's Office, covering the following described real property: Unit 434, Building II, Mallard Point Condominiums, according to the Declaration thereof recorded in Book 1853, Page 82, Records of Johnson County, Iowa, together with a 1/36t~ interest in the common elements. WHEREAS, the Financial Institution proposes to loan the sum of $106,575on 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 Mortqaqe 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 Mortc~a~e 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 ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the MortRaqe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~ day of ~ EP-rE.~ ~,~/~ ,20 ~9..~ . CITY OF IOWA CI~ FINANCIAL INSTITUTION B By ~ Mayor ~ ~_ ~~f~. A~est: ~ U~. ~~ City~le~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of -~_¢"r~.¢.c/Z. ,20 ~)~ , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~_~_/aE~'r- I..O. L~_-/./M.&A) and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordi~,r-.nca) (Resolution) No. ~_~, ~<~'7 ? passed (the Resolution adopted) by the City Council, under Roll Call No. - of the bity Council on the c.) day of ~FP'rE~_~> .20 ¢ ~ , and that ~'¢~4/~'~'/' bO. LS_z~AA? and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ICommlsSion Number 159791 ! I* ~ '1 My Commission F. xp{ree I '~rY~ I ""1~'~1 ,5- '7-~ | Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~-($~ day of ,~1,,~ , A.D. 20 O~, , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~,~J~._ '~(~-'~v.~/' and ~A,¢~ LJ,~'tL , to me personally known, who being by me duly sworn, did say that they are the IV~-Ir..,_~ ~),~.~,,1~,~ and ~,£,~.~J~. /t&~.~ , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said (~xg~-~'and ~',v,,,~~'' ~ 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. Notary PulJlic in and for the State o------~wa Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-278 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVlLLE, IOWA FOR PROPERTY LOCATED AT 428 FIFTH AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of three Mortgages in the total amount of $25,176, executed by the owners of the property on May 8, 1996, and recorded on May 21, 1996, in Book 2085, Page 53 through Page 57 and in Book 2085, Page 58 through Page 62, and another Mortgage on January 2, 1997 and recorded January 8, 1997, in Book 2209, Page 229 through Page 233, in the Johnson County Recorder's Office covering the following described real estate: Lot "A" of a survey recorded July 10, 1951 in Book 4, Page 216 of the Plat Records in the office of the Recorder of Johnson County, Iowa, excepting therefrom the following described portion thereof, to-wit: Commencing at the northwest corner of said Lot "A", being also the Southwest corner of Lot 6, Block 37 in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof thence southeasterly along the south line of said Lot 6, 46 feet, thence westerly to a point which is located 15 feet south of the northwest comer of said Lot "A", thence northerly to the point of beginning. WHEREAS, Hills Bank and Trust is refinancing a mortgage in the amount of $65,717 to the owners of 428 Fifth Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgages held by the City be subordinated to the loan of Hills Bank and Trust secured by the proposed mortgage in order to induce Hills Bank and Trust to make such a loan; and WHEREAS, Hills Bank and Trust has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, there is sufficient value in the above-described-real estate to secure said lien as second, third, and fourth liens, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust, Coralville, Iowa. Passed and approved this 9th day of Septembe~ ,20 03 ClTY~LERK City Attorney's Office pdrehab/res/428 Fifth Ave-subord.doc Resolution No. 03-278 Page 2 It was moved by 0'Donne11 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donneil X Pfab X Vanderhoef ;{ Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust of Coralville, Iowa herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortqa.qes which at this time is in the amount of $25,176, and where executed by Bruce A. and Brid,qet L. Titus (herein the Owners), dated May 8, 1996, recorded May 21, t996, in Book 2085, Page 53 through Page 57, and dated May 8, 1996, recorded May 21, 1996, in Book 2085, Paqe 58 through Pa.qe 62, and dated January 2, 1997, recorded January 8, 1997, in Book 2209, Pa,qe 229 through Pa,qe 233, Johnson County Recorder's Office, covering the following described real property: Lot "A" of a survey recorded July 10, 1951 in Book 4, Page 216 of the Plat Records in the office of the Recorder of Johnson County, Iowa, excepting therefrom the following described portion thereof, to-wit: Commencing at the northwest corner of said Lot "Ax, being also the Southwest corner of Lot 6, Block 37 in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof thence southeasterly along the south line of said Lot 6, 46 feet, thence westerly to a point which is located 15 feet south of the northwest corner of said Lot '%", thence northerly to the point of beginning. HEREAS, the Financial Institution proposes to loan the sum of $65,717 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 Mortqaqes 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 Mort.qaqes 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 Mortqaqes of the City. SENT BY: CZTY OF ZA CZTY PCDj 8- 4- 3 10:26AM~ 3193565027 => 319 466 4525~ #4/5 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 C~ day of ...-~EPTF-/..1P.,E~ ,20 ~ '~ . CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor Attest: CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: ,JOHNSON COUNTY ) On this .......... ¢~ ........ day of ~C~¢~TECCt._~ .......... 20_~;~__, before me, the undersigned a Notary Public in and for tile Sl~te ot Iowa, personally appeared /~.~.~ES-~ LO. LF--AMA,~ .................. and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in ~ (Resolution) No, 0_'7.,-~7~ passed (the Resolution adopted) by the City Council, under Roll Call No, -'--'-"---% ~ of tile City Council on the c~ day of ...~, 20 0 3 , and that ....~Z~_.-ccr LO~, LEj/~.&,'J and Marian K, Karr acknowledged the execution of the instrument to be their voluntary act and d~ed and the voluntary act and deed of the corporation, by it voluntarily executed. b~,~.. SONDRAE FORT J J Commission Number 159791J ~"1 My Commission Ex~ims i Notary Public in and for the State of Iowa SENT BY: CZTY OF IA CZTY PCD; 8- 4- 3 10:26AM; 3193565027 => 319 466 4525; ~5/5 S FATE OF IOWA ) ) SS: JOHNSON COUNTY ) On thi~ 2~,bjt day oi: _.~ ...... ,. ......... A.D. 20l~3 . before me, the unders~gnei~, a Notary P~ and for the State of Iowa, personally appeared 7_~-t~. l~l.i&~a.l~ a..n,d ~-.,.7ones to me personally known, who De~ng by me duty sworn, aia say that they are the S eeo nage~d :~~&.cl. eat. , respectively, of said corporation exe~'tj~n~g~~(o~:egoing ~ds[rament to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said and Brian Mulcahe¥ & as such officers acknowledged the execution of said instrument to be the voluntary act ar~-e"8 ~z~eCorporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-279 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1211 SHERIDAN AVENUE, IOWA CITY, IOWA. WHEREAS, on July 29, 1999, the owner of 1211 Sheridan Avenue executed two Mortgages for a total amount of $12,767; and WHEREAS, on December 27, 2001, the owner executed another Mortgage in the amount of $1,014.86; and WHEREAS, the loans were paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. 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 Release of Lien for recordation, whereby the City does release the property located 1211 Sheridan Avenue, Iowa City, Iowa from two Mortgages recorded September 16, 1999, Book 2828, Page 142 through Page 146, and Book 2828, Page 147 through Page 151; and from a Mortgage recorded January 3, 2002, Book 3202, Page 293 through Page 297 of the Johnson County Recorder's Office. Passed and approved this 9th day of September ,20 03 Approved by CITY"G~ERK City Attorney's Office It was moved by 0'Donnell and seconded by Vanderhnef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ppdreha~/res/1211 sheridan-fei.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIENS The City of Iowa City does hereby release the property at 1211 Sheridan Avenue, Iowa City, Iowa, and legally described as follows: The east 60 feet of Lot 1 in Block 2, in P.J. Regan's Second Addition to Iowa City, iowa, according to the recorded plat thereof. from an obligation of the owner, Mary F. Ervanian, to the City of Iowa City in the total amount of $13,781.86 represented by two Mortgages recorded September 16, 1999, Book 2828, Page 142 through Page 146, and Book 2828, Page 147 through Page 151; and from a Mortgage recorded January 3, 2002, Book 3202, Page 293 through Page 297 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approved by CITYi~3_ERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ? day of ~P~',¢-~P,,5~- , A.D. 20 o~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Kart, 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 of the corporation by authority of its City Council, as contained in Resolution No. o~,-.a'~ . adopted by the City Council on the ? day ~'~r~c,~,'F~20 ~ :5 and that the said Ernest W. Lehman 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. ppdrehab/,211she*idar>rel/doc r'^,,~,J SONDRAE FORTNOt~ry Public in and for Johnson County, Iowa ~' ~l~ 'r-lCommisslon Number 159791] I'.~'1 My Commission Expires I ~T-I ~-'7-~4, I Prepared by: Kim Johnson, PW/Eng., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 03-280 RESOLUTION ACCEPTING THE WORK FOR THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa Avenue Multi-Use Parking Facility Project, as included in a contract between the City of Iowa City and McComas and Lacina Construction, of Iowa City, dated June 29, 1999, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $11,673,504.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 9th dayof September ,20 03 MAYOR Approved by CIT~LERK C~; ~tto~ney's Office It was moved by 0'Donne11 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderh~ef X Wilburn ENGINEER'S REPORT August 26, 2003 City Clerk City of Iowa City, Iowa Re: Iowa Avenue Multi-use Parking Facility Project Dear City Clerk: I hereby certify that the construction of the Iowa Avenue Multi-use Parking Facility Project has been completed by McComas and Lacina Construction of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Neumann Monson P.C. of Iowa City, Iowa. The final contract price is $11,673,504. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer :il0 EAST WASHINGTON STREET · IOWA CI~IY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Shelley McCafferty, Ass0date Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF PREPARING THE NATIONAL REGISTER OF HISTORIC PLACES NOMINATION FOR THE PROPOSED DOWNTOWN HISTORIC DISTRICT, WHEREAS, the State Historical Society of Iowa administers the Certified Local Government (CLG) Grant program to assist local communities with histodc preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application for a CLG Grant for $6,000 for the purpose of preparing the National Register of Historic Places nomination for the proposed Downtown Historic District; and WHEREAS, said grant will require local matching funds of $4,220, which the Historic Preservation Commission proposes to provide through funds allocated in the budget for historic preservation activities and in-kind costs; and WHEREAS, Svensden Tyler inc. completed the Survey and Evaluation of the Central Business District in August, 2001, and recommended nomination of the Downtown Historic District to the National Register of Historic Places: and WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its historic resources, in accordance with the Iowa City Historic Preservation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Historic Preservation Commission is hereby authorized to file an application for a CLG Grant of $6,000 for the purpose of preparing the national Register of Historic Places nomination for the proposed Downtown Histodc District, which will require $4,220 in matching funds, donations, and in-kind services and supplies. Passed and approved this day of ., 2003. MAYOR Approved by CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: Resolution No. Page 2 AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn FY2004 State of Iowa Certified Local Government Grant Application A. Applicant Information Please type or print clearly--all information is required Federal Congressional District Number: 2 ] State Senatorial District Number (s): 39 I State Representative District Number (s): 77 1. City/County (CLG) Applicant Name: City of Iowa City Mayor/Chair of Board of Supervisors/ACLUD President: Ernest W. Lehman City/County Mailing Address: 410 E Washington ST Iowa City, IA 52240 2. Name of Persons who Prepared Application: Tim Weitzel Richard Carlson Preparer's Mailing Address: 410 E Washington ST Iowa City, IA 52240 Preparer's Daytime Phone: (319) 354-5290 (Weitzel) (319) 384-0727 (Carlson) Preparer's E-mail address: tweitzel~avalon.net richca rl~,blue.weef:l.uiowa.edu 3. Local Grant Director's (LGD) Name (who will direct the project once a~varded): Shelley McCafferty LGD's Mailing Address (City, State, & Zip): Planning and Community Development 410 E Washington ST Iowa City, IA 52240 LGD's Daytime Phone: (319) 356-5243 LGD's E-mail address: shelley-mccafferty(~iowa-city.org Signature of the Mayor, Chairman of County Board of Supervisors, President ACLUD Trustees ~1~ Name Title Date (Signature of the Mayor or Chair of the Board of Supervisors legally obligating the applicant) B. PROJECT INFORMATION 1. PROJECT TITLE: DOWNTOWN HISTORIC DISTRICT MULTIPLE PROPERTY NOMINATION 2. TYPE OF PROJECT (See the manual for descriptions.) Circle or Underline the type a. Planning for Preservation g. Public Education [] Commission training and start up only [] Workshop, Conference, Meeting [] Publications [] Video/CD-Rom b. Reconnaissance Survey [] Other [] Architectural/Historical [] Archaeological, h. Pre-Develqpment: [] Interdisciplinary Requirements: c. Intensive Survey-Evaluation [] Preview of Draft Application [] National Register Listed [] Architectural/Historical [] District [] Archaeological, [] Individual [] Interdisciplinary [] Ownership [] Public (City/County) d. Evaluation [] Private Not for Profit [] Architectural/Historical Type: [] Archaeological, [] Structural Assessment, plans, [] Interdisciplinary specifications [] Treatment (Repair, rehabilitation, e. Registration etc)Plan, architectural and/or engineering plans and National Register Nomination specifications) [] Individual Property(s) [] Maintenance Plan [] Disthct(s) [] Adaptive Reuse Plan [] MPCD Cover [] Other Local Registration) Attachments: [] Landmark (s) [] District(s) REQUIRED for PREDEVELOPMENT [] Exterior and Interior Photographs f. Planning [] City/County Preservation Plan [] Survey-Evaluation-Context Development [] Ordinance Revisions [] City/County Historic Preservation Plan [] Design Guidelines [] Other 3 C. SCOPE OF WORK: Describe the following three items, use additional pages if necessary: · Goal: State the project goal and the activities needed to accomplish that goal. · Coordination: Describe the division labor, project responsibilities of consultant, local project director, staff, volunteers. ·Work Products: Insert Tangible list of products required for your type of project Identify additional intangible products or benefits. · Schedule: List proposed deadlines for completing different parts of the project such as the start, hiring consultant, organizing and training volunteers or conducting meetings, research design (if required), preparing materials, submitting draft and final products. 3 4 SCOPE OF WORK Goal The Iowa City Historic Preservation Commission is proposing to nominate one historic district in Iowa City's Central Business District (CBD) for listing in the National Register of Historic Places (NRHP). The boundaries of the proposed district were determined based primarily on recommendations made in a survey and evaluation of the CBD completed in 2001 by consultants Svendsen Tyler, Inc. This survey and evaluation also included a NRHP Multiple Property Documentation Form for the CBD, which supplements Iowa City's existing Multiple Property Document, "Historic Resources of Iowa City, Iowa," completed in 1992. The nomination of the Downtown Historic District will accompany this Multiple Property Document. The CBD area surveyed in 2001 encompasses 15% blocks of Iowa City's Original Town Plat of 1839. The proposed historic district includes an area of approximately 5% blocks within the CBD. Construction dates of the buildings within the proposed district span much of the history of Iowa City, from 1856 to the present. During the 1960s, a strategy was developed to revitalize the aging Central Business District through the demolition and reconstruction of approximately 11 acres within that area. Approximately six block and dozens of historic buildings were demolished in the downtown vicinity to implement urban renewal plans. Simultaneously, the University of Iowa constructed major new buildings between Clinton and Gilbert Streets along Iowa Avenue. Due to pressures to provide housing, entertainment, and office space for persons and activities associated with the University, additional buildings that would have contributed to a historic district have been demolished or significantly altered in recent years. The listing of the proposed Downtown Historic District will contribute to creating greater public awareness of the significance of the historic buildings that were spared from urban renewal. The NRHP listing will also make available to property owners tax incentives for the substantial rehabilitation of buildings within the proposed district. ,Nso important for the long-term preservation of the historic character of downtown is the designation of a local historic district in the area. If there is sufficient support from the business and property owners in downtown, the NRHP nomination can serve as a basis for this designation. Local designation can provide for a design review process the will ensure that alterations support a distinct sense of time and place based on the traditional character of downtown. The design review process can further support the economic development of downtown by enhancing its potential for promotion as a historic shopping and entertainment district. Downtown Historic District The proposed Downtown Historic District is dominated by structures that were built to house a diverse group of commercial interests. Surviving commercial buildings in the proposed district once housed dry goods stores, hotels, saloons, printing presses, laundries, barbers, billiards halls, furniture stores, movie theaters, and a mortuary. In addition to retail and office space, the proposed district was home to several civic and fraternal buildings, including a Carnegie library, a federal post office, and an Elks fraternal hall. Few, if any, of these buildings remain in their original use. Many of the commeroial buildings were designed with residential accommodations on the upper floors. Although most buildings in the proposed district have narrow facades, a few large-scale facades occupy the entire front of one or more original lots. These large buildings were built primarily in the 1910s. One former single-family residence remains in the proposed district, although historically there were many more. A list of buildings to be included in the proposed historic district is provided in Table 1. This assemblage of buildings has developed over a period of nearly 15 decades. Half of the buildings in the proposed historic district were built before 1900. The great majority of the 19th century buildings (approximately 33 buildings, or more than one third of the total in the proposed district) were built during the fifteen years following the Civil War, between about 1865 and 1880. Other peak periods of construction represented in the district include 1895-1919 (22 buildings) and 1960-1979 (11 buildings). The historic architectural styles found within the proposed district include those used between the mid-19th century and World War II. Popular styles during this period include Greek Revival, Italianate, Classical Revival, Beaux Arts, Georgian Revival, Chicago School or Twentieth Century Commercial, and Modeme. With few exceptions, the buildings in the proposed district are constructed of brick. The Downtown Historic District, as currently envisioned (Figure 1), contains approximately 95 primary buildings. No extant outbuildings were found to contribute to the overall character of the proposed district. Six of the 4 5 buildings recommended to be included in the district are listed in the NRHP, and another approximately 33 primary structures have been determined to be individually eligible for NRHP listing. Together, there are 38 potential landmark buildings within the proposed district. Sixty-eight percent of the buildings in the proposed district are considered contributing resources. The boundaries of the area selected for proposed district designation were determined by a consultant's recommendations, modified slightly to incorporate a block of contributing buildings in the 100 block of College Street. The district boundaries were determined based on distinguishable changes in neighborhood character (building use, style, and scale) at the edges of the district. Map of Proposed Downtown Historic District (Figure 1) MARKET ST JEFFERSON ST. z ~ ~ UNIVERSITY OF IOWA IOWA AVE I BURLINGTON ST. ~ O C COURT ~T. > ~ cou~ s~. LEGEND Individually eligible/key property ~ Survey boundary ~ Contributingproperty Potential historic district ~ Noncontributingproperty 6 7 Coordination This project involves the preparation and submission of a National Register of Historic Places Registration Form for the Downtown Historic District. This nomination follows a survey and evaluation of the CBD by a qualified consultant (Svendsen 2001)~, which recommended National Register listing for the Downtown Historic District. The consultant under contract for this project must meet the Secretary of Interior's professional qualifications and will prepare a NRHP Registration Form for the proposed district for review by the Historic Preservation Commission, the State Historical Society of Iowa, City Council, and the public. The Registration Form for the proposed historic district will include a map, property list, and boundary justification. The final nomination will incorporate comments from these reviewers. The nomination will be submitted to the State Nomination Review Committee (SNRC). The consultant will travel to Des Moines to present the nomination at the SNRC meeting. The first step, after the selection of the consultant, will be a review of the previous survey and evaluation of the Central Business District, and a block-by-block pedestrian survey of the proposed historic district to update the information in the previous surveys where required. The Historic Preservation Commission has discussed with the consultant who prepared the Survey and Evaluation of the Central Business District, Marlys Svendsen, the possibility of revising the recommended district boundaries to include the 100 block of College Street, between Clinton and Dubuque streets. Ms. Svendsen concurred with the Commission that the properties, particularly on the south side of College Street, contribute significantly to the character of downtown and that this boundary should be re- evaluated. Should the consultant selected to complete the present grant project make a strong case for additional alterations to the boundaries of the proposed historic district, based on changes in the area since the survey was conducted or on other factors, the Commission will consider modifying the project to accommodate those changes. It is anticipated that any such modifications will be minor and will not affect the overall project timetable or budget. The re-evaluation will be followed by downtown meetings, and additional research as necessary. Members of the Commission and the consultant will schedule public meetings to provide an opportunity for the property owners, business owners, and residents in the proposed historic district to learn about the proposed district. All owners within the proposed district will receive written notification of the meetings by mail. It is anticipated that one or two meetings will suffice to acquaint interested parties with the project. These meetings will introduce the project and explain how the nomination process works. The meetings will also be used to teach owners how to research the history of their properties. The information thus gathered from the owners will be added to the information already available in the previously completed historic survey of the CBD. While some additional research beyond what is found in the previous survey and elicited from downtown owners may be necessary, it is anticipated that the detailed information gathered during the previous survey will be sufficient in most cases to complete the nomination form. After the completion of a draft nomination of the proposed historic district, the Commission and the preservation consultant will schedule a meeting to discuss the draft with property and business owners. Owners will be notified of this meeting by mail. At the meeting, owners will be advised about preservation tax incentives, guides to remodeling and restoration, and local historic preservation resources. Public comments on the draft nomination will be encouraged and incorporated into the final draft of the report. iowa City is fodunate to have a wide array of organizations that suppod local historic preservation. These groups include the Iowa City Friends of Historic Preservation, Johnson County Historical Society, the Noon Lions Club, and Englert Civic Theatre, Inc. The EnCert Theatre is under restoration and is Iowa City's only historic theater building that remains in use as a theater. The Historic Preservation Commission and the Commission's City staff person plan to enlist the assistance of these and other interested organizations to promote the proposed district. ~ Svendsen, Marlys A., 2001. Survey and Evaluation of the Central Business District, Iowa City, Iowa. Svendsen Tyler, Inc., Sarona, Wisconsin. 7 8 The Commission's City staff person, an Associate Planner with the City's Department of Planning and Community Development, will serve as project manager. It is anticipated that approximately 40 hours of project management time will be required to oversee this project, which will include tasks related to preparing the RFP, the consultant subcontract, and other related documents, organizing downtown meetings, responding to questions from the public, copying and distributing drafts of the nomination forms, general project administration, and working with the consultant to provide assistanc~ as necessary. The use and involvement of volunteers will be at the discretion of the consultant selected to complete the nomination. Fody hours of City intern time will also be available to the consultant for completing various tasks, such as property ownership information and photography, as well as for routine tasks associated with the project manager's responsibilities. ~ Work Products The work product resulting from the proposed project will be a National Register of Historic Places Registration Form for the Downtown Historic District in Iowa City. This form will be available to those in the downtown area and elsewhere in the community who desire to learn more about the historic and architectural significance of downtown Iowa City. The proposed historic district nomination will include a map of the district, a list of properties that contribute or do not contribute to the district, and boundary justifications. This work product will permit the Commission to pursue local historic district designation for the downtown area. Local designation, which will be pursued after the completion of the proposed grant project, will bring downtown's most historic buildings under the protection of Iowa City's Historic Preservation Ordinance. This will help to preserve the integrity of the district and to promote public awareness of the historic character of Iowa City's downtown. Furthermore, the establishment of a historic district will provide the opportunity for downtown businesses and associations to use the historic significance of the district for economic development and marketing purposes. 8 Schedule The proposed project will include the following activities: February 2004: Project Initiation--Issue Request for Proposals; review proposals and select consultant; prepare consultant subcontract for review by State and consultant; execute consultant subcontract and submit copy to State. April-August 2004: Preservation consultant hosts downtown meetings, conducts research necessary to complete a draft of the historic district nomination, and completes photography. July-August 2004: Preservation consultant prepares draft of the historic district nomination. September 2004: Preservation consultant submits the draft historic district nomination to the Iowa City Historic Preservation Commission for review, discussion, and revision. The consultant then makes revisions based on the Commission's comments. Copies of the draft nomination will be made available to the public at the Iowa City Department of Planning and Community Development, and on the City's website. October 2004: The Commission and the preservation consultant will schedule one or more meetings to discuss the revised draft with property and business owners in the proposed historic district. At these meetings, property and business owners will be advised about preservation tax incentives, guides to remodeling and restoration, and local historic preservation resources. November 2004: The nomination papers will be completed and three copies submitted to the State by January 1,2005, for preliminary staff review. February 2005: The State sends review comments on the first draft to the preservation consultant. The consultant will make corrections and revisions to the nomination, as needed, based on these comments. March 2005: Preservation consultant returns three copies of finalized draft to the State and sends copy of nomination, photographs, and CLG review forms to the CLG. April 2005: CLG completes review of the National Register nomination and sends the completed review form to the State no later than June 1, 2005. May 2005: CLG and preservation consultant present the nomination to the State Nomination Review Committee. June 2005: State sends SNRC review comments to preservation consultant. June 30, 2005: CLG submits final products: 2 archival copies of the National Register nomination, contact sheets and negatives, colored slides, photograph/catalogue field sheet, one page report summarizing grant activities, and Request for Reimbursement to the State. 10 D. Explain how the proposed project will help to fulfill the goals and objectives of your local preservation plan and/or the state preservation plan. If this is part of a multi-phase project, describe the completed project segments and/or future ones that are linked to this project application. Each year's project must be able to stand alone. Funding of one year does not guarantee funding of future phases. The Iowa City Historic Preservation Plan, adopted in 1992, identifies tan 9dais to be pursuad concurrently. Tha proposed historic district nomination will contribute to tho fulfillment of several of thasa goals. Specifically, the proposed project will help to establish economic incentives for preservation (Goal 3), heighten public awareness of historic preservation (Goal 5), maintain and strengthen private support for preservation from individuals, not-for-profit preservation groups, and downtown interests (Goal 7), and promote herita9e tourism (Goal 8). Strategies to fulfill these 9dais include tha designation of NRHP and local historic districts in order to ensure that the districts will retain their historic character into the futura, and to promote historic preservation as a means to improva the economic and neighborhood wall-bain9 of Iowa City. Recent public support has indicated interest in preserving cultural and architectural resources in the CBD. The 1992 Historic Preservation Plan also suggested a number of objectives to promote the conservation of historic neighborhoods. Although the plan did not include as a specific objective the designation of the downtown area as a National Register historic district, such a dasignation will facilitata several of the other objectives outlined in the plan. In particular, National Recjistar district designation will provide tha information necessary to designate the downtown as a local historic district (Objective 3, which actually recommends designation as a conservation district, although this was revised to a historic district as a result of the 200t survey), and facilitating design review in the downtown (Objective 4). The proposed nomination also complements the State of Iowa's Comprehensive Historic Preservation Plan by advocating public involvement in the historic preservation process. Also supporting the State's preservation goals are the Commission's identification and evaluation of Iowa City's historic resources through surveys, the designation of local historic districts, and the nomination of districts to the National Register of Historic Places. 10 11 E. Past grant contract performance: Specifically address the success or challenges faced in carrying out the requirements of your past CLG grant projects. DO NOT LEAVE THIS SECTION BLANK. This section gives the applicant an opportunity to dispel any fears on the part of the review panel or Board that past problems will hinder this new effort. Simply explain what steps have been taken to insure project success. If a past project was cancelled, please address the specific circumstances of that cancellation. Ifa# previous CLG grants have been successfully completed, please state this and discuss the factors that have contributed to your success. If you have never received a CLG grant, assess your commission's performance since being certified, using specific instances to make your points. Describe how undertaking this project will strengthen and enhance commission performance The Iowa City Historic Preservation Commission has a long record of completing grant programs successfully. In 1983, a CLG grant was awarded to establish a preservation library in the Iowa City Planning and Community Development depadment. The materials are accessible to the public, Planning Department staff, and members of the Commission. The library is still in operation and is continuously updated. A 1988 grant allowed the Commission to compile and print a Guide to Historic Iowa City, creating an awareness of local historic buildings and neighborhoods. Because of the local demand for these "guide maps," a second printing was funded by private donations. Over 15,000 copies of the map were printed, and the Commission is currently planning to produce a revised map. In 1990, the HRDP program provided a $25,000 grant to assist in the preparation of the Iowa City Historic Preservation Plan, from which the current project has been prioritized. The plan has been instrumental in guiding preservation initiatives in Iowa City. A 1992 CLG grant resulted in the listing of the Brown Street Historic District in the National Register. The district has also been designated as a local district. A 1995 CLG grant funded a survey of the Dubuque/Linn Street corridor, which recommended the designation of a conservation district and a number of individual local historic landmarks within this area. The remainder of the North Side and adjacent Goosetown neighborhoods were surveyed in three phases. The first phase was funded by a 1996 CLG grant, the second phase was assisted by a 1997 HRDP grant, and the third phase was funded by a 1999 CLG grant. A 1993 CLG grant made possible a survey of the College Hill neighborhood, which resulted in the local and National Register designation of the College Green and East College Street Historic Districts. A 1995 HRDP grant funded the National Register nominations for these two districts, which were listed in 1997. An HRDP grant in 1994 and a CLG grant in 1997 funded a survey of the Longfellow neighborhood, which was designated an Iowa City Historic District in 2002. A CLG grant was received in 2003 for the National Register nominations of four historic districts in the Northside neighborhood. The consultant will begin work on these nominations during Fall 2003. In addition to the state-funded surveys and nominations listed above, the City of Iowa City funded a survey of the CBD that was completed in 2001. The consultant recommendations resulting from the CBD survey led to the present grant application. The completed projects listed here provide a solid foundation on which to build the current proposal for a Downtown Historic District. The City of Iowa City and its Historic Preservation Commission have a proven record of following the City's Historic Preservation Plan, completing grant-funded projects, and implementing the recommendations of its surveys for legislation and historic districting. Previous grant-funded projects have helped to improve the image of, and support for, historic preservation in Iowa City. It is hoped that the current momentum and community interest coupled with grant funds will allow us to collect the necessary data to support additional historic district, conservation district, and historic landmark designations to protect the older threatened neighborhoods in Iowa City and leave a valuable legacy for future generations. 11 F. BUDGET: Consultant Salary 150 hrs ~ $45/hr $6,000 $1,000 $7,000 Clerical Assistance 20 hfs ~ $15/hr $300 $300 Project Manager Salary 40 hfs (~ $22.24/hr $890 $890 Project Intern Salary 40 hfs (~ $8/hr $320 $320 Consultant Per Dicm 6 days (~/$100/day $600 $600 Consultant Travel 1,000 miles @ .33/mile $660 $660 Photography $250 $250 Office Supplies, Photocopies $150 $150 Postage $50 $50 $10,220 * CLGGrant =thetotalantountmustnotexceed60%OF TOTALPROJECTCOSTS ** Applicant Match (cash + ittkittd) =must equal a tttiltilttttttt of 40% OF TOTAL PROJECT COSTS CER TIFICA TION: I certify that the matchin~ share pro osed or thi~ ro 'e _ _ ~P f~ · p ~J ct does not include funding froltt other Federal sources, altd that these funds are trot being used as tttatch against arty other Federal grant application. A UTttORIZED SIGNATURE, CHIEF ELECTED OFFICIAL OR DESIGNEE DA TE 12 13 Table 1. Downtown Historic District Resource inventory Architectural Street Address Building Name Date NRHP Contribution Key/Landmark Block No. Lot No. Site No, Eligibility To HD** Structure 52-01938 8 S Clinton ST Dey Building 1917 E C Key/Landmark Block 80 Lot 3 52-01051 10-14 S Clinton ST Wm. P. Coast & Sons Building ca.1895 E C Key/Landmark Block 80 Lot 4 52-01052 16 S Clinton ST Unnamed ca.1870 E C Key/Landmark Block 80 Lot 4 52-01053 18-20 S Clinton ST Brossart Building ca.1870 NE C Block 80 Lot 5 52-01055 22 S Clinton ST Unnamed ca.1888 NE C Block 80 Lot 5 52-01057 24-26 S Clinton ST Lyons Block ca.1870 NE C Block 80 Lot 5 52-01058 28 S Clinton ST Moses Bloom Clothing Store (N1/2) ca.1870 E C Key/Landmark Block 80 Lot 6 52-01059 32 S. Clinton ST Moses Bloom Clothing Store (S1/2) ca.1870 E C Key/Landmark Block 80 Lot 6 52-01060 32 S. Clinton ST Whetsone Building 1868 E C Block 80 Lot 6 52-01063 102 S. Clinton St Johnson County Savings Bank 1912 E C Key/Landmark Block 81 Lot 4 52-04075 118 S Clinton ST Strub Building 1865 (1978) NE NC Block 81 Lot 5 52-04074 124 S Clinton ST Unnamed 1978 NE NC Block 81 Lot 5 52-01069 130-138 S Clinton ST Things, Things & Things Building ca.1975 NE NC Block 81 Lot 5 52-04072 132 S Clinton ST Unnamed ca.1975 NE NC Block 81 Lot 5 52-01070 103 E College ST Savings & Loan Building 1877 (I940) E C Key/Landmark Block 82 Lot 4 52-04093 109 E College ST Dooley Block ca.1874 E C Key/Landmark Block 82 Lot 3 52-04091 111-113 E College ST Sears, Robuck & Co. Building 1929 E C Key/Landmark Block 82 Lot 3 52-01088 115 E College ST Unnamed ca.1895 E C Key/Landmark Block 82 Lot 3 52-04090 117-123 E College ST Crescent Block ca.1895 E C Key/Landmark Block 82 Lot 2 52-04090 125 E College ST College Block 1878 L C Key/Landmark Block 82 Lot 2 52-04085 110 E College ST Unnamed ca.1968 NE NC Block 81 Lot 6 52-04086 112 E College ST Unnamed ca.1930 NE NC Block 81 Lot 6 52-01087 114-116 E College ST Schnieder Brothers Furniture Store 1893 NE C Block 81 Lot 6 52-04087 118-120 E College ST Unnamed ca.1874 NE C Block81 Lot7 128 E College ST see 52-04088, 125 S Dubuque ST Block 81 Lot 8 no number 307 E College ST Carnegie Apartments 2002 NE NC Block 41 Lot 3 52-01095 312 E College ST Masonic Temple 1913 E C Key/Landmark Block 40 Lot 6 52-01096 320 E. College ST Trinity Episcopal Church 1871 L C Key/Landmark Block 40 Lot 7&8 52-01545 1SDubuqueST ParkHouse 1867 NE C Block80 Lot1 52-01548 5 S Dubuque ST F.J. Epenter Building (N1/2) 1883 NE C Block 80 Lot 1 52-01550 7 S Dubuque ST F.J. Epenter Building (S1/2) 1883 E C Key/Landmark Block 80 Lot 1 52-01551 9 S Dubuque ST Patterson Block (N1/2) 1879 (1899) E C Key/Landmark Block 80 Lot 1 52-01553 11 S Dubuque ST Patterson Block (Sl/2) 1879 (1899) NE C Block 80 Lot 1 52-04094 13-15 S Dubuque ST Prairie Lights Book Store 1983 (1993) NE NC Block 80 Lot 1 52-01557 17 S Dubuque ST unnamed ca.1876 (2002) NE C Block 80 Lot 1 52-01558 19-21 S Dubuque ST Maresh & Holubar Building 1874 (2002) E C Key/Landmark Block 80 Lot 8 52-01559 23 S Dubuque ST unnamed 1879 (1951) NE NC Block 80 Lot 8 13 14 52-01546 2 S Dubuque ST Franklin Market (N1/2) 1873 E C Key/Landmark Block 66 Church reserve 52-01547 4 S Dubuque ST Franklin Market (Sl/2) 1873 NE NC Block 66 Church reserve 52-01549 6 S Dubuque ST Ham Hall (N2/3) 1870 (1950) NE NC Block 66 Church reserve 52-01552 10 S Dubuque ST Ham Hall (S1/3) 1870 E C Key/Landmark Block 66 Church reserve 52-01554 12 S Dubuque ST unnamed ca.1870 E C Key/Landmark Block 66 Church reserve 52-01556 14 S Dubuque ST MuellerBIock ca.1910 NE NC Block66 Church reserve 20-28 S Dubuque ST see 52-02815, 202-214 East Washington 52-01561 111 SDubuqueST Unnamed 1860 E C Key/Landmark Block81 Lot1 52-01562 115 S Dubuque ST Franklin Printing House I856 L C Key/Landmark Block 81 Lot 1 52-04088 125 S Dubuque ST Plaza Center One 1977 NE NC Block 81 Lot 8 52-04083 114-116 S Dubuque Dain, Kalman & Quail Building ca.1975 NE NC Block 44 Lot 4 ST 52-01564 118 S Dubuque ST Blackstone Building 1881 E C Key/Landmark Block 44 Lot 5 52-01567 124 S Dubuque ST Iowa Theater ca.1937 (1983) NE C Block 44 Lot 5 52-01939 113 E Iowa AVE Unnamed 1879 NE C Block 80 Lot 3 52-01940 115 E Iowa AVE Unnamed 1879 NE NC Block 80 Lot 3 52-01941 117 E iowa AVE Unnamed 1926 NE C Block 80 Lot 3 52-01942 119 E Iowa AVE Unnamed 1926 NE C Block80 Lot3 52-01943 121 E Iowa AVE Unnamed 1890 NE C Block 80 Lot 2 127 E Iowa AVE see 52-01545, 1 S Dubuque ST Block 80 Lot 1 52-01944 211 E Iowa AVE C.O.D. Laundry Building 1895 NE C Block 66 Church reserve 52-01945 215 E IowaAVE Reardon Hotel 1912 NE C Block66 Church reserve 52-01946 217 E Iowa AVE Unnamed 2003 NE NC Block 66 Church 52-01947 225 E Iowa AVE Peoples Steam Laundry Building 1909 E C Key/Landmark Block 66 Church 52-02224 9 S Linn ST Geo. & Harriet Van Patten House 1874 L C Key/Landmark Block 66 Church 52-02225 13-15 S Linn ST W.P. Hohenschuh Mortuary 1917 E C Key/Landmark Block 66 Church 52-02227 28 S Linn ST Old U.S. Post Office 1904 (1931) L C Key/Landmark Block 61 Lot 5 52-02228 104-116 S Linn ST O'Leary Velie Garage/Iowa ca.1918 (1924) NE C Block 40 Lot 4 Apartment Building 52-02229 122 S Linn ST Meardon Building 1977 NE NC Block 40 Lot 5 52-02230 218 S Linn ST Old Carnegie Library 1903 (2002) E C Key/Landmark Block 41 Lot 4 14 15 52-02800 109 E Washington ST Hands Jewelry Building 1910 (1969) NE NC Block 81 Lot 4 52-02807 111-117 E Washington Younkers Department Store 1951 (ca.1995) NE NC Block 81 Lot 3 ST 52-02810 119-123 E Washington S.S. Kresge Co. Building 1933 (ca.1995) NE C Block 81 Lot 2 ST 52-01487 125-131 E Jefferson Hotel 1913 E C Key/Landmark Block 81 Lot 1 Washington ST 52-02804 110 E Washington ST Western Union Building ca.1928 NE C Block 80 Lot 6 52-02805 112 E Washington ST Unnamed 1900 E C Key/Landmark Block 80 Lot 6 52-02806 114-116 E Washington Unnamed ca.1874 NE NC Block 80 Lot 6 ST (1970s) 52-02808 118 E Washington ST Unnamed 1874 (ca.1968) NE NC Block 80 Lot 6 52-02809 120 EWashington ST Bremer's Building 1962 NE NC Block80 Lot 7 52-02811 124 E Washington ST Unnamed 1874 (2003) NE C Block80 Lot 7 52-02812 126 E Washington ST Unnamed ca.1874 NE C Block 80 Lot 7 52-02813 128 E Washington ST Arcade Building 1874 (1950) NE C Block 80 Lot 8 52-02814 132 E Washington ST Pryce & Schell Building ca.1879 NE C Block 80 Lot 8 52-02816 207 E Washington ST Paul-Helen Building 1913 L C Key/Landmark Block44 Lot 3 52-02821 221 E Washington ST Englert Theater 1912 (1926) E C Key/Landmark Block 44 Lot 2 52-04053 223-225 E Unnamed ca.1910 NE C Block44 Lot2 Washington ST (ca.1995) 52-04052 227 EWashington ST Unnamed ca. 1940 NE C Block 44 Lot 1 52-04051 229 E Washington ST Unnamed 1970 NE NC Block 44 Lot 1 52-02815 202-212 E Washington First National Bank ca.1870 (1994) E C Key/Landmark Block 66 Lot 4 ST no number 214 E Washington ST First National Bank ca.1990 NE NC Block 66 Lot 3 52-02818 216 E Washington ST Stillwell Building/Lasansky Corp. ca.1880 E C Key/Landmark Block 66 Lot 2 (1980s) 52-02819 218 E Washington ST IXL Block (VVl/3) 1883 (2003) E C Key/Landmark Block 66 Lot 3 52-02820 220 E Washington ST IXL Block (Central 1/3) 1883 (2003) E C Key/Landmark Block 66 Lot 2 52-02822 224 E Washington ST First National Bank, parking Block 66 Lot 2 52-02823 228 E Washington ST First National Bank, parking & drive- 1962 NE NC Block 66 Lot 1 up building 52-02824 319 E Washington ST Iowa City Press-Citizen Publishing 1937 E C Key/Landmark Block 40 .or 2 & 3 Building 52-02827 325 EWashington ST B.P.O.E Hall 1909 E C Key/Landmark Block 40 Lot 1 * National Register of Historic Places Eligibility: L-Listed; E-Eligible; NE-Not eligible **Contribution to Historic District: C-Contributing; NC-Not Contributing LEFF, HAUPERT, TRAW & WILL'fAN, L.L.P. August 28, 2003 Ms. Shelley McCafferty Planning & Commurdty Development City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 In Re: Indefinite Deferral of Village Green South Part XIX Subdivision Application Dear Shelley: At the request of Th/rd Street Partners, [ formally request that the above-referenced subdivision application be placed on indefinite deferral to allow the applicant sufficient time to complete engineering drawings and legal papers required for this application. The applicant has previously waived the 60-day limitation period applicable to this application. Thank you for your time and attention to th/s matter. / / S' el Left Haupert Traw & Willman, L.L.P. Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356~5243 (SOB03-00016) RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF VILLAGE GREEN, PART 19, WHEREAS, the owner, Third Street Partners, Ltd, filed with the City Clerk the final plat of Village Green, Part 19, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northeast Corner of the Northeast Quarter of Section 24, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°53'53"W, along the North Line of said Northeast Quarter, 361.80 feet, to the Northwest Corner of Lot 7 of Village Green South - Part 3A, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 38, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence S00°06'07"E, along the Westerly Line of said Lot 7, a distance of 70.43 feet; Thence S44°18'53"E, along said Westedy Line, 111.36 feet, to the Southwest Corner thereof, and a Point on the Northwesterly Right-of-Way Line of Jennifer Jean Court; Thence S45°41'07"VV, along said Northwesterly Right-of-Way Line, and the Southeasterly Projection thereof, 162.12 feet, to its intersection with the Southwesterly Right-of-Way Line of North Jamie Lane; Thence Southeasterly, 24.66 feet, along said Southwesterly Right-of-Way Line on a 402.93 foot radius curve, concave Southwesterly, whose 24.65 foot chord bears S49°41'24"E, to the Northern most corner of Lot 10, of said Village Green South - Part 3A; Thence S42°03'47"W, along the Westedy Line of said Lot 10, a distance of 126.33 feet, to the Westerly most corner thereof; Thence S47°58'19"E. along the Southerly Line of said Lot 10, and the Southerly Line of Lot 11 of said Village Green South - Part 3A, a distance of 146.90 feet, to the Northwest Corner of Lot 12 of said Village Green South - Part 3A; Thence S14°42'07"W, along the Westerly Line of said Lot 12, a distance of 84.95 feet, to the Southwest Corner thereof; Thence Northwesterly, 14.75 feet, along the Northerly Right-of-Way Of Wintergreen Drive on a 471.61 foot radius curve, concave Northeasterly, whose 14.75 foot chord bears N74°24'07"W, to its intersection with the Northerly Projection of the Westerly Line of Lot 13, of said Village Green South - Part 3A; Thence S16°29'39"W, along said Northerly Projection and Westerly Line, 195.88 feet, to the Southwest Corner of Said Lot 13, and a Point on the Northerly Line of Village Green South - Part 4B, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 41, of the Records of the Johnson County Recorder's Office; Thence N63°08'40"W, along said Northerly Line, 271.54 feet; Thence N32°32'35"W, along said Northerly Line, 50.75 feet; Thence N89°12'22"W, along said Northerly Line, 278.94 feet, to the Northwest Corner of said Village Green South - Part 4B; Thence N10°04'01"E, 158.22 feet; Thence N15°23'06"E, 217.09 feet; Thence N32°04'14"E, 85.00 feet; Thence N70°19'00"E, 139.50 feet, to a Point on the South Line of Lot 49 of Village Green - Part XVIII, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 153 of the Records of the Johnson County Recorder's Office; Thence N89051'17"E, along said South Line, 175.57 feet; Thence N67°02'lS"E, along said South Line, 214.32 feet, to the Point of Beginning. Said Tract of land contains 7.11 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) and all other state and local requirements. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this . day of ,2003. MAYOR Approved by It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum Prepared by: Steven Rackis, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 887-6065 RESOLUTION NO. 03-282 RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP) WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of the Admissions and Continued Occupancy Plan (ACOP) for administration of the Public Housing Program; and WHEREAS, the public housing program would benefit from the adoption of the updated Admissions and Continued Occupancy Plan (ACOP) to include the same policies and procedures as the Section 8 Administrative Plan, to the extent permitted by federal regulations and to include HUD mandated community service requirement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the update of the Public Housing Admissions and Continued Occupancy Plan (ACOP) be adopted as the policy of the Iowa City Housing Authority; and 2. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 9th dayof September ,2003. Approved by ClTY'C~,LERK City Attomey's Office It was moved by Wilburn and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum The Admissions and Continued Occupancy Policy (ACOP) defines the Iowa City Housing Authority's policies for the operation of the Public Housing Program, incorporating Federal, State and local law. ACOP Modification #1: The HUD mandated Community Service Requirement is a completely new Section identified as Section 14.0 CONTINUED OCCUPANCY AND COMMUNITY SERVICE. 14.0 CONTINUED OCCUPANCY AND COMMUNITY SERVICE All Public Housing tenants 18 years of age or older, unless exempt, must perform eight (8) hours o£community service per month. 24 CFR. 960.603 Community service is defined as the performance o£voluntary work or duties that are a public benefit, and serve to improve the quality of life, enhance resident self-sufficiency, or increase resident self-responsibility in the community. Community service is not defined as employment and may not include political activities. 24 CFR 960.601(b) 14.01 EXEMPT INDIVIDUALS: 24 CFR 960.601 An exemption from the community service requirement will be made for any adult who: (1) Is 62 years of age or older; 24 CFR 960.601 (b)(1) (2) (a) Is a blind or disabled individual, /as deftned under 216(I)(1) or 1614 of the Social Secuhty Act (42 U.S.C.416(i)(1); 1382c)}, and who certifies that because of this disability she or he is unable to comply with the service provisions of 24 CFR 960.601 (b)(2)(i) or (b) Is a primary caretaker of such individual; 24 CFR 960.601 (b)(2)(ii) (3) Is engaged in work activities; 24 CFR 960.601 (b)(3) (a) The Iowa City Housing Authority (ICHA) defines "work activities" as working at least 20 hours per week or maintaining full time student status. Eligible "work activities" are: (a) Employment (b) On-the-job training; (c) Job search and job readiness assistance; (Resident Opportunity and Self Sufficiency program (ROSS), vocational rehabilitation, Promise Jobs, etc.) (d) Community service programs; (e) Job skills training directly related to employment; (f) Education directly related to employment, in the case of a tenant who has not received a high school diploma or a certificate of high school equivalency; (g) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a tenant who has not completed secondary school or received such a certificate; and (h) The provision of childcare services to an individual who is participating in a community service program. (4) Meets the work requirements for being exempt from having to engage in a work activity under the State program funded under part A of title 1V of the Social Security Act (42 U.S.C. 601 et seq) or under any other welfare program of the State in which the PHA is located, including a State-administered welfare-to-work program; 24 CFR 960.601 (b)(4) or (5) Is a member of a family who is receiving assistance, benefits, or services under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the PHA is located, including a State-administered welfare-to-work (Promise Jobs) program, and has not been found by the State or other administering entity to be in noncompliance with such a program. 24 CFR 960.601(b)(5) 14.2 General Requirements 24 CFR 960.603 Except for any family member who is an exempt individual, each adult tenant of Public Housing must: (1) Provide 8 hours of community services per month (excluding political activities); 24 CFR 960.603 (a)(1) or (2) Participate in an economic self-sufficiency program for 8 hours per month; 24 CFR 960.603 (a)(2) or (3) Complete 8 hours per month of combined activities as indicated in (1) and (2) of this section. 24 CFR 960.603 (a)(3) The ICHA Public Housing lease will specify that it shall be renewed automatically for all purposes, unless the family fails to comply with the service requirement. Violation of the service requirement is grounds for nonrenewal of the lease at the end of the twelve (12) month lease term, but not for termination of tenancy during the course of the twelve-month lease term. 24 CFR 960.603 (b) 14.3 Administration of the Service Requirement 24 CFR 960.605 (c)(1) 1. Exempt Status (a) The ICHA will verify the status of all tenants claiming an exemption from community service requirement. (b) All exemptions will be confirmed by 3rd party verifications except for blind/disabled tenants claiming an exemption. (c) Blind/disabled tenants claiming an exemption will be provided with a Self- Certification form allowing the tenant to provide an explanation as to why they are unable to complete the requirement. The ICHA will review the Self-Certification and make the final determination of exempt status. (d) Except in the case of an adult who is 62 years of age or older, the exempt status will be re-verified annually and may be changed at anytime based on a change in the tenant's circumstance. (e) Tenants are required to report all changes in income, assets, family composition, and allowances. Tenants Community Service requirements will be based on the months of the non-exempt status. 2. Tracking of Eligible Community Service Activities (a) The ICHA will provide a Commtmity Service Tracking sheet to each non-exempt Public Housing tenant. (b) The tenant will be required to maintain the sheet, securing the signature of a supervisor at the agency in which commtmity service is performed. (c) The tenant will be required to submit the Community Service Tracking Sheet to the ICHA with the annual recertification packet. (d) All entries will be reviewed and verification of family compliance will be secured from such third parties. 14.4 ICHA Responsibilities 24 CFR 960.605 (c)(2) The ICHA will provide a written description of the service requirements and the process for claiming status as an exempt person to each adult Public Housing tenant. The description will include the ICHA process for verification of such status. The ICHA will also notify the family of its determination, identifying the family members who are subject to the service requirement and the family members who are exempt persons. 24 CFR 960.605 (c)(2) The ICHA will verify compliance annually, at least 30-days before the end of the twelve (12) month lease. 24 CFR 960.605 (3) The ICHA must retain reasonable documentation of service requirement performance or exemption in participant files. 24 CFR 960.605 (4) The ICHA must comply with non-discrimination and equal opportunity requirements listed at 24 CFR 5.105 (a). 24 CFR 960.605 (5) 14. 5 Assuring Resident Compliance 24 CFR 960. 607 ICHA notice of noncompliance. 1) If the ICHA determines that there is a family member who is required to fulfill a service requirement, but who has violated this family obligation (noncompliant resident), the ICHA must notify the tenant of this determination. 24 CFR 960.607 (b) 2) The ICHA notice to the tenant must: (a) Briefly describe the noncompliance. 24 CFR 960.601(b)(2)(i) (b) State that the ICHA will not renew the lease at the end of the twelve (12) month period unless: 24 CFR 960.601 (b)(2)(ii) (i) Tenant and any other adult (non-compliant tenant) enter into a written agreement with the ICHA, in an effort to cure the non compliance, and in fact cure such non compliance in accordance to such agreement; or (ii) The family provides written notice of assurance satisfactory to the ICHA that the tenant and non-compliant tenant are no longer living in the unit. (c) State that the tenant may request a right to an appeal through a grievance hearing within ten (10) calendar days of notifying tenant of decision not to renew and that the tenant may exemise any available judicial remedy to seek timely redress for the ICHA's nonrenewal of the lease because of such determination. 24 CFR 960.607 (2)(iii) 3) Tenant agreement to comply with service requirement. If the tenant or another family member has violated the service requirement, the PHA may not renew the lease upon expiration of the term unless: 24 CFR 960.607 (c) (a) The tenant, and any other non compliant tenant, enter into a written agreement with the ICHA, in the form and manner required by the ICHA, to cure such noncompliance by completing the additional hours of community service or economic self-sufficiency activity needed to make up the total number of hours required over the twelve-month term of the new lease, 24 CFR 960.607 (c)(1) and (b) All other members of the family who are subject to the service requirement are currently complying with the service requirement or are not longer residing in the unit. 24 CFR 960.607 (c)(2) ACOP Modification #2: The Interim Reexamination Policies identified in Section 15.5 Interim Reexaminations. The proposed changes are: Rent reductions, based on tenant reported changes, will take effect the month following the tenant's written notification to the ICHA. If a 3rd party verification cannot be secured prior to the first of the month, the ICHA will accept the tenant's notification to process the change and secure the 3rd party verification. If the 3rd party verification does not support the information supplied by the family, the ICHA will require reimbursement by the tenant and will enforce the family obligations. Interim reexaminations based on an increase in unearned income will be processed.* Interim reexaminations based on an increase in earned income will only by processed if the gross family income (earned and unearned), annualized, exceeds 80% of the median income as defined for the family size by HUD. The family must continue to report all changes in income within 10 days of the occurrence. * Social Security cost of living increases will be processed at annual review only. The purpose of the Section 8 Administrative Plan is to establish policies for issues not covered under Federal regulations for the Section 8 Voucher, and Family Self-Sufficiency programs administered by the Iowa City Housing Authority. Modification #1: The Interim Reexamination Policies are identified in Section 13.2 Interim Reexaminations. The proposed changes are: Rent reductions, based on tenant reported changes, will take effect the month following the tenant's written notification to the ICHA. Ifa 3ra party verification cannot be secured prior to the first of the month, the ICHA will accept the tenant's notification to process the change and secure the 3rd party verification. If the 3rd party verification does not support the information supplied by the family, the ICHA will require reimbursement by the tenant and will enforce the family obligations. Interim reexaminations based on an increase in unearned income will be processed.* Interim reexaminations based on an increase in earned income will only by processed if the gross family income (earned and unearned), annualized, exceeds 80% of the median income as defined for the family size by HUD. The family must continue to report all changes in income within 30 days of the occurrence. * Social Security cost of living increases will be processed at annual review only. Prepared by: Steven Rackis, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 887-6065 RESOLUTION NO. 03-283 RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED SECTION 8ADMINISTRATIVE PLAN. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of the Section 8 Administrative Plan for administration of the Section 8 Programs; and WHEREAS, the housing assistance programs would benefit from the adoption of an amended Section 8 Administrative Plan that includes updates to the interim re-examination policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: A. That the update of the Section 8 Administrative Plan be adopted as the policy of the Iowa City Housing Authority; and B. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Depadment of Housing and Urban Development. Passed and approved this 9th day of Approved by City Attorney's Office It was moved by ~~ and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Susan Dulek, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-284 RESOLUTION AUTHORIZING CONVEYANCE OF t926 BROADWAY STREET AND t946 BROADWAY STREET TO HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) BY AMENDING THE REAL ESTATE CONTRACT EXECUTED ON NOVEMBER 2'1, 1995 FOR THE SALE OF t926 BROADWAY STREET AND 1946 BROADWAY STREET. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 12, 1995, the Iowa City Housing Authority considered and passed Resolution No. 95-272 approving the disposition plan to sell 1926 and 1946 Broadway, also described as Lot 2 of Block 2, Braverman Center, Iowa City, Iowa, according to the recorded plat thereof, to HACAP for the purpose of establishing 18 transitional housing units; and WHEREAS, HACAP purchased the property on contract for the principal sum of $750,000, the appraised value of the property, to be paid over a ten-year (10-year) period at the rate of seven percent (7%) annual interest with a balloon payment at the end of the contract period; and WHEREAS, HACAP has requested amending the sale contract to be paid over a five (5) year period at a rate of five and one-half percent (5.5%) annual interest with a balloon payment at the end of the contract; and WHEREAS, it is in the public interest to assist HACAP maintain its supportive services to homeless families in Iowa City by lowering its monthly loan payment to the Housing Authority and to execute the Amendment to Real Estate Contract, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute the Amendment to Real Estate Contract, a copy of which is attached, for the installment contract sale of 1926 and 1946 Broadway, legally described as Lot 2 of Block 2, Braverman Center, Iowa City, Iowa, according to the recorded plat thereof, to HACAP, in consideration of the principal sum of $470,648, to be paid over a five (5) year period at a rate of five and one-half percent (5.5%) annual interest with a balloon payment at the end of the contract period. 2. The City Attorney is hereby authorized to take all necessary action to complete said transaction; as required by law. The real estate installment contract and other documentation required by law shall be recorded by the City Clerk in the Johnson County Recorder's Office at HACAP's expense. ResolutJon No. 03-284 Page 2 Passed and approved this 9th dayof September ,20 fl3 . MAYOR Approved by CITY'CLERK City Attorney's Office It was moved by n'nnnn~11 and seconded by Pfah the Resolution be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: AB STA ! N: X Champion }( Kanner X Lehman X O'Donnell X Pfab ~( Vanderhoef Wilbum X 8-26-03 AMENDMENT TO REAL ESTATE CONTRACT This is an amendment to the Real Estate Contract-Installments Agreement between the City of Iowa City ("City'), a municipal corporation, and Hawkeye Area Community Action Program (~HACAP") entered into on November 21, 1995 (~Contract") and is entered into on the ~ ~ ~' day of ~,~=~e~C~, 2003 WHEREAS, the Contract provides that the City sells to HACAP real estate legally described as: Lot 2 of part of Block 2, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, page 20, Plat Records of Johnson County, iowa, and locally addressed as 1926 Broadway Street, Iowa City, Iowa and 1946 Broadway Street, Iowa City, Iowa; and WHEREAS, the parties wish to amend the due date of the balloon payment, the amortization period, and the interest rate; and WHEREAS, HACAP is current with its payments under the Contract; and WHEREAS, after making the payment due on September 1, 2003, GICHF will have $468,694 remaining due on the principal amount of $750,000 as of October 1, 2003. IT IS THEREFORE AGREED that: Paragraph 1 of the Contract is deleted in its entirety and the following new Paragraph 1 is substituted in lieu thereof; 1. TOTAL PURCHASE PRICE. The buyer agrees to pay for said property the total of $471,428 (i.e., $468,694 principal and $2,734 interest) with 5.5% interest beginning October 1, 2003 and payable according to the Schedule of Payments attached, marked Exhibit A, and incorporated herein. Paragraph 6 of the Contract is deleted in its entirety and the following new Paragraph 6 is substituted in lieu thereof: 6. INSURANCE. In addition, Buyer shall provide, at the time it executes this contract, a certificate of insurance for general liability and casualty insurance, naming the City of Iowa City as an additional insured, which provides coverage in the following minimum amounts: Comprehensive General Liability for Bodily Injury and Property Damage of $1,000,000 for each occurrence and $2,000,000 in the aggregate. Buyer shall provide thirty (30) days notice to the City before cancellation of said insurance Paragraph 25 of Addendum No. 1 to the Contract is deleted in its entirety and the following new Paragraph 25 is substituted in lieu thereof: 25. PAYMENT SCHEDULE. Buyer will begin payment on this contract on October 1, 2003, due the first of each month in equal installments as shown in the schedule of payment attached as Exhibit A. Interest begins on October 1, 2003 at the rate of 5.5% per year. All other provisions of the Contract remain in full force and effect. CITY OF IOWA CITY ~WE~E AREA COMMUNITY By:,,~,,4~ ~,b,,l*'~..~[,~.,~ Step~en d./~ins ~ Executive Director City Manage~- ATTEST: ~'.~/.~,~) ~.2, ~.2~,,~ ATTEST: ~,,~~- Mar'lan K. Karr /¢oard President City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of ~EPTF-L~F__JZ , A.D. 20 ~'~, , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Stephen J. Atkins and Madan K. Kan', to me personally known, who being by me duly sworn, did say that they are the City Manager 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 munidpal corporation by authority of its City Council; and that the said City Manager 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.  '~ SONDRAE FORT Commission Number 15979tl ~ My Commission Expires -~- 7-o6 I Notary Public in and for the State of Iowa My commission expires: STATE OF IOWA ) ) SS: On this /~' day of ~- 0 , A.D. 20 (~)-~, before me, the undersigned, a Notary Public in and for the State of Iow'~, personally appeared and ,L)~,3 ./')l~ec,,~, , to me personally known, who, I~eing by me duly sworn, did say that they are the 7~,~, ~.,6~,,' and ,~-~-,-~'/~,~ ~x~-~,- , respectively, of said corporation executing the foregoing instrument;, that no seal has been procured by the corporation; that said instrument was signed on behalf,,of the corporation by authority of its Board of Directors; that /'k/.,¢.. ~.~f~ and ./J~,~ .,l~,~,~cc,,,' acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and the fiduciary, by it, by them and as fiduciary voluntarily executed. Not~ Public in and for the State of Iowa hisadm/1926-1946B roadway-amend,doc Jp^EX. sn',NAME ADDRESS LOAN DATA TABLE DATA Loan amount: I i:.:: i:~A~ Table starts at date: ~??.~ ?. :.~ An n ual i nt e rest rat e: I~ ~:: ?::: :::~ :: :~.:.~: ~::~ or at p a y ment n u m b er: Term in years:l ~ Loan Amount i ' Payments per year:~ ~2 Total Interest ~ $465,600.02 First payment due: I:~:: ~:~:: ~::::~j~:: Total Paid I $937,028.02 PERIODIC PAYMENT Entered payment: ~:~ :. ~ ~:~:~::~ :~:~::~:~:~ The table uses the calculated periodic payment amount, Calculated payment: :~:::~:::~:. ~ ~::~:. ~:~$~:: unless you enter a value for "Entered payment." CALCU~TIONS Use payment of: $2,431,49 Beginning balance at payment 1: :.::~ ~~ 1st payment in table: ~?~::::~:~:.~:~:~ ~ .~.:~. Cumulative interest prior to payment 1: ~:~:~::~.~::~.~ ~: ~:~ Payment B~inning Ending CumulMive No. Date Balance Interest Principal Balance Intere~ 1 10/1/2003 471,428.00 2,160.71 270.77 471,157.23 2,160.71 2 11/1/2003 471,157.23 2,159.47 272.01 470,885.21 4,320.18 3 12/1/2003 470,885.21 2,158.22 273.26 470,611.95 6,478.41 4 1/1/2004 470,611.95 2,156.97 274.51 470,337.44 8,635.38 5 21112004 470,337.44 2,155.71 275.77 470,061.66 10,791.09 6 3/1/2004 470,061.66 2,154.45 277,04 469,784.63 12,945.54 7 41112004 469,784,63 2,153.18 278.31 469,506.32 15,098.72 8 51112004 469,506.32 2,151.90 279.58 469,226.74 17,250.62 9 6/1/2004 469,226.74 2,150.62 280.86 468,945.88 19,401.25 10 71112004 468,945.88 2,149.34 282.15 468,663.73 21,550.58 11 81112004 468,663.73 2,148.04 283.44 468,380.28 23,698.62 12 91112004 468,380.28 2,146.74 284.74 468,095.54 25,845.37 13 10/1/2004 468,095.54 2,145.44 286~05 467,809.49 27,990.80 14 111112004 467,809.49 2,144.13 287.36 467,522.13 30,134.93 15 121112004 467,522.13 2,142.81 288.68 467,233.46 32,277.74 16 1/1/2005 467,233.46 2,141.49 290.00 466,943.46 34,419.23 17 2/1/2005 466,943.46 2,140.16 291.33 466,652.13 36,559.39 18 31112005 466,652.13 2,138.82 292.66 466,359.47 38,698.21 19 4/1/2005 466,359.47 2,137.48 294.00 466,065.46 40,835.69 20 5/1/2005 466,065.46 2,136.13 295.35 465,770.11 42,971.82 21 6/1/2005 465,770.11 2,134.78 296.71 465,473.41 45,106.60 22 7/1/2005 465,473.41 2,133.42 298.07 465,175.34 47,240.02 23 81112005 465,175.34 2,132.05 299.43 . 464,875.91 49,372.07 24 91112005 464,875.91 2,130.68 300.80 464,575.10 51,502.76 Page 1 jJEXHIBIT o~.~1 PAGE Tarp amortization1 , Payment Beginning Ending Cumulative No. Date Balance Interest Principal Balance Interest 25 10/1/2005 464,575.10 2,129.30 302.18 464,272.92 53,632.06 26 11/1/2005 464,272.92 2,127.92 303.57 463,969.35 55,759.98 27 12/1/2005 463,969.35 2,126.53 304.96 463,664.39 57,886.50 28 1/1/2006 463,664.39 2,125.13 306.36 463,358.04 60,011.63 29 2/1/2006 463,358.04 2,123.72 307.76 463,050.28 62,135.36 30 3/1/2006 463,050.28 2,122.31 309.17 462,741.10 64,257.67 31 4/1/2006 462,741.10 2,120.90 310.59 i 462,430.51 66,378.57 32 5/1/2006 462,430.51 2,119.47 312.01 462,118.50 68,498.04 33 6/1/2006 462,118.50 2,118.04 313.44 451,805.06 70,616.08 34 7/1/2006 461,805.06 2,116.61 314.88 461,490.18 72,732.69 35 8/1/2006 461,490.18 2,115.16 316.32 461,173.86 74,847.85 36 9/1/2006 461,173.86 2,113,71 317.77 460,856.09 76,961.57 37 10/1/2006 460,856.09 2,112.26 319.23 460,536.86 79,073.82 38 11/1/2006 460,536.86 2,110.79 320.69 460,216.17 81,184.62 39 12/1/2006 460,216.17 2,109.32 322.16 459,894.01 83,293.94 40 1/1/2007 459,894.01 2,107.85 323.64 459,570.37 85,401.79 41 2/1/2007 459,570.37 2,106.36 325.12 459,245.25 87,508.15 42 3/1/2007 459,245.25 2,104.87 326.61 458,918.63 89,613.03 43 4/1/2007 458,918.63 2,103.38 328.11 458,590.53 91,716.40 44 5/1/2007 458,590.53 2,101.87 329.61 458,260.91 93,818.28 45 6/1/2007 458~260.91 2,100.36 331.12 457,929.79 95,918.64 46 7/1/2007 457,929.79 2,098.84 332.64 457,597.15 98,017.48 47 8/1/2007 457,597.15 2,097.32 334.17 457,262.98 100,114.80 48 9/1/2007 457,262.98 2,095.79 335.70 456,927.29 102,210.59 49 10/1/2007 456,927.29 2,094.25 337.24 456,590.05 104,304.84 50 11/1/2007 456,590.05 2,092.70 338.78 456,251.27 106,397.55 51 12/1/2007 456,251.27 2,091.15 340.33 455,910.94 108,488.70 52 1/1/2008 455,910.94 2,089.59 341.89 455,569.04 t10,578.29 53 2/1/2008 455,569.04 2,088.02 343.46 455,225.58 112,666.32 54 3/1/2008 455,225.58 2,086.45 345.03 454,880.55 114,752.77 55 4/1/2008 454,880.55 2,084.87 346.62 454,533.93 116,837.64 56 5/1/2008 454,533.93 2,083.28 348.21 454,185.73 118,920.92 57 6/1/2008 454,185.73 2,081.68 349.80 453,835.93 121,002.60 58 7/1/2008 453,835.93 2,080.08 351.40 453,484.52 123,082.68 59 8/1/2008 453,484.52 2,078.47 353.01 453,131.51 125,161.15 60 9/1/2008 453,131.51 2,076.85 354.63 452,776.87 127,238.01 AMENDMENT TO REAL ESTATE C¢ This is an amendment to the Real Estate reement between the City of lo, wa City ("City"), a municipal corporation, and Community Action Proc entered into on November 21, 1995 (' is entered into on the of ,2003. WHEREAS, ~ntract provides that the City sells to HACAP legally described as: Lot 2 Block 2, Braverman Center, according to the plat thereof recc 7, page 20, Plat Records of J Iowa, and locally addressed 26 Broadway Street, Iowa Iowa and 1946 Broadway Street, Iowa City, Iowa; WHEREAS, the parties wish lend the due f the balloon payment, the amortization period, and the interest rate; and WHEREAS, HACAP is current with ~der the Contract; and WHEREAS, after making the payment du September 1, 2003, HACAP will have $470,648 remaining due on the principal amount of Si 300 as of October 1, 2003. IT IS THEREFORE AGREED that: Paragraph 1 of the Contract is its and the following new Paragraph 1 is substituted in lieu thereof: 1. TOTAL PURCHAS The bu to pay for said property the total of $470,648 interest due October 1, 2003 and payable according to Schedule of Payments marked Exhibit A, and incorporated Paragraph 6 of Addendu 1 of the Contract is deleted in its el~.tirety and the following new Paragraph 6 in lieu thereof: 6. In addition, Buyer shall provide providei',at the time it executes this contract, a certificate of insurance for general liability and casualty insurance, naming the City of Iowa City as an additional insured, which provides coverage in the following minimum amounts: Comprehensive General Liability for Bodily Injury and Property Damage of $1,000,000 for each occurrence and $2,000,000 in the aggregate. Buyer shall provide thirty (30) days notice to the City before cancellation of said insurance Paragraph 25 of Addendum No. 1 to the Contract is deleted in its entirety and the following new Paragraph 25 is substituted in lieu thereof: 25. PAYMENT SCHEDULE. Buyer will begin payment on this contact on October 1, 2003, due the first of each month in equal installments as.shown in the schedule payments attached as Exhibit A. Interest begins on 1, 2003 at the of 5.5% per year. HACAP shall costs to record this amendment and any othe~ required by law to be recorded County Recorder's Office. All other Contract remain in full force an effect. CITY OF IOWA )MMUNITY ACT iRAM By: By: Ernest W. Lehman ~tive Director Mayor ATTEST: Marian K. Karr Board President City Clerk ACKN( iMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day ~ 2003, before me, __ __ / , a Notary in and for said State, personally appeared Ernest W. Lehman a~:t Marian K. Kan', to me known, who being by me duly sworn, did say that they are ~t~e Mayor and City Clerk, res of said municipal corporation executing the within and fo/egoing instrument; that the seal hereto is the seal of said municipal corporation, arid that the said Ernest W. Lehman Atkins and Marian K. Kan. acknowledged the execution of said instrument to be the voluntap deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson C~unty, Iowa SS: JOHNSON On this day o' 2003, me, the undersigned, a Notary Public in and of Iowa, personally appeared and to me personall, being by me duly sworn, did say that they are the and , respectively, of :ion executing the instrument; that no seal has been procured by the corl at the instrument was s~! on behalf of the corporation by authority of its Board of that and the execution of the instrument to be the voluntary act and deed of )rporation and fiduciary, by it, by them and as fiduciary voluntarily executed. Notary for the State of Iowa Approved By: City Attorney's Office PAGE iii?:ii~i i ii~ :i~:iiii: ~: i:i i :: :i il i:: i ii~:i~i~ii i!~i!~:i~:i~:i :i: ::il :i ::!:il ii :i ::ii:: ~.ii ii NAMEADDRESS LOAN DATA TABLE DATA Loan Table Annual or at payme Term in ye~ 40 Amount $470,648.00 Payments per yea~ 12 Interest $464,829.66 First payment due: Paid $935,477.66 PERIODIC PAYMENT Entered The table periodic payment amount, Calculated pa unless you payment." CALCULATIONS Use payment of: balance at pa p aym ent in t able: C u m ulative ,m ent 1: 1 st Payment Beginning Ending Cumulative No. Date Balance In Principal Balance Interest 1 10/1/2003 470,648.00 2,157./1~ 270.33 470,377.67 2,157.14 2 11/1/2003 470,377.67 2,155/90~ 271.56 470,106.11 4,313.03 3 12/1/2003 470,106.11 2,1~.65 "~ 272.81 469,833.30 6,467.69 5 2/1/2004 469,559.24 \ 275.32 469,283.92 10,773.24 6 3/1/2004 469,283.92 .~,150.88'~ 276.58 469,007.35 12,924.12 7 4/1/2004 469,007.:~5 / 2,149.62 468,729.50 15,073.74 ! 2,148.34 x,~.77.85 8 5/1/2004 468,729.50 2~9.12 468,450.38 17,222.08 9 6/1/2004 468,450.38 2,147.06 28~40 468,169.98 19,369.15 10 7/1/2004 468,169.98/ 2,14&78 281~,8 467,888.30 21,514.93 11 8/1/2004 467,888.3/~ 2,144.49 282.97X 467,605.33 23,659.41 12 9/1/2004 467,605.~3 2,143.19 284.27'~ 467,321.05 25,802.60 13 10/1/2004 467,32~.05 2,141.89 285.57 ~ 467,035.48 27,944.49 14 11/1/2004 467,0/85.48 2,140.58 286.88\ 466,748.80 30,085.07 15 12/1/2004 466/748.60 2,139.26 288.20 ~ 466,460.40 32,224.34 16 1/1/2005 46~,460.40 2,137.94 289.52 ~66,170.88 34,362.28 17 2/1/2005 ~66,170.88 2,136.62 290.85 4~5,880.03 36,498.90 18 3/1/2005 /4466~,880.03 2,135.28 292.18 46~,587.85 38,634.18 19 4/1/2005 465,587.85 2,133.94 293.52 465t294.34 40,768.12 20 5/112005 / 465,294.34 2,132.60 294.86 464,'<399.47 42,900.72 21 6/1/2005/ 464,999.47 2,131.25 296.21 464,703.26 45,031.97 22 7/1/2005 ' 464,703.26 2,129.89 297.57 464,405.69 47,161.86 23 8/1/2005 464,405.69 2,128.53 298.94 464,106.75 49,290.39 24 9/1/2005 464,106.75 2,127.16 300.31 463,806.44 51,417.54 Page 1 [EXlltT ~ '"'t Tarp amortization1 [PAGE Payment Beginning Ending Cumulative No. Date ~ Balance Interest Principal Balance Interest 25 10/1/2005 ~ 463,806.44 2,125.78 301.68 463,504.76 53,543.32 26 11/1/2005~ 463,504.76 2,124.40 303.07 463,201.69 55,667.72 27 12/1/2005 463,201.69 2,123.01 304.45 462,897.24 57,790.73 28 1/1/2006 ~462,897.24 2,121.61 305.85 462,5)9'~. 39 59,912.34 29 2/1/2006 '4~62,591.39 2,120.21 307.25 462/284.14 62,032.55 30 3/1/2006 46~.,284.14 2,118.80 308.66 46,f, 975.48 64,151.35 31 4/1/2006 461,X9,,75.48 2,117.39 310.07 ¢1,665.40 66,268.74 32 5/1/2006 461,6~.~,40 2,115.97 311.50 761,353.91 68,384.71 33 6/1/2006 461,353~91 2,114.54 312.92 461,040.98 70,499.24 34 7/1/2006 461,040.~1~ 2,113.10 314.36 // 460,726.62 72,612.35 35 8/1/2006 460,726.62\ 2,111.66 315.80// 460,410.82 74,724.01 36 91112006 460,410.82 2,110.22 317.;~5 460,093.58 76,834.23 37 10/1/2006 460,093.58 ~ 2,108.76 31 ~.'~0 459,774.88 78,942.99 38 11/1/2006 459,774.88 ~2,107.30 3~'0.16 459,454.72 81,050.29 39 12/1/2006 459,454.72 '~,105.83 .721~3 459,133.09 83,156.13 40 1/1/2007 459,133.09 2~04.36 /323.10 458,809.99 85,260.49 41 2/1/2007 458,809.99 2,1~2.88 / 324J58 458,485~40 87,363.37 42 3/1/2007 458,485.40 2,10~.39 326.07 458,159.33 89,464.76 43 4/1/2007 458,159.33 2,099~0 / 327.57 457,831.77 91,564.65 44 5/1/2007 457,831.77 2,098.4~ / 329.07 457,502.70 93,663.05 45 6/1/2007 457,502.70 2,096.89y 330.58 457,172.12 95,759.94 46 7/1/2007 457,172.12 2,095.37/~, 332.09 456,840.03 97,855.31 47 j 8/1/2007 456,840.03 2,093.8/~P.-4\ 333.61 456,506.42 99,949.16 48 9/1/2007 456,506.42 2,092;~2 ~. 335.14 456,171.28 102,041.48 49 10/1/2007 456,171.28 2~,09~'. 79 % 336.68 455,834.60 104,132.27 50 11/1/2007 455,834.60 2,0~19~4 ',~38.22 455,496.38 106,221.51 51 12/1/2007 455,496.38 2,.787~9 3~9.77 455,156.61 108,309.20 52 1/1/2008 455,156.61 27(086.13 34~33 454,815.28 110,395.33 53 2/1/2008 454,815.28 ,~,084~7 34228,,9 454,472.39 112,479.90 54 3/1/2008 454,472.39 / 2,083J~0 344,46~ 454,127.93 114,562.90 55 41112008 454,127.93 / 2,081.42 346.04~ 453,781.88 116,644.32 56 5/1/2008 453,781.88 2,079.83 347.63 ~ 453,434.25 118,724.16 57 6/1/2008 453,434.25/ 2,078.24 349.22 453,085.03 120,802.40 58 7/112008 453,085.0/~ 2,076.64 350.82 \,452,734.21 122,879.04 59 8/1/2008 452,734/,21 2,075.03 352.43 "~52,381/78 124,954.07 60 9/1/2008 452,3/8'1/78 2,073.42 354.05 4~.,027.73 127,027.48 Balloon Payment ot 027.73 on October 1, 2008. Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 03-285 RESOLUTION AWARDING CONTRACT ,~u~ID AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST A CONTRACT FOR CONSTRUCTION OF THE COURT STREET TRANSPORTATION CENTER PROJECT. WHEREAS, Knutson Construction Services of Iowa City, Iowa has submitted the lowest responsible bid of $5,974,000 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 Knutson Construction Services, 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. Passed and approved this 9th day of September ,2(~ 03 MAYOR CITY'CLERK City Attorney's Office It was moved by Vanderhoef and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. Ri=SOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOF SIGN'"~ND THE CITY CLERK TO A'I-FEST A CONSTR~I~TION OF THE COURT STREET TRANSPORTATION PROJECT% WHEREAS, ~ of has submitted the lowest responsible bid of $~, for construction of the above, project. NOW, THEREFORE, BE IT I~SOLVED BY THE CITY COUN~ OF THE CITY OF IOWA CITY, IOWA, THAT: ,,. 1. The contract for the construc-~n of the project is hereby awarded to '~.~ , subject condition that awardee secure adequate performance and paymen;H~ond, insura certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign an City Clerk to attest the contract for construction of the above-named project, to the condition that awardee secure adequate performance and payment bond. certificates, and contract compliance program statements. Passed and approved this day ,20 MAYOR Approved by~ ATTEST: CITY CLERK City Attorney's 0% It was moved by and seconded by the P~esolution be adopted, and u call there were: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn pweng/res/CSTCawdcontract.doc COURT STREET TRANSPORTATION CENTER PROJECT Sealed proposals w/Il be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 27th day of August, 2003, or at a later date and/or time as determ/ned by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax macb2ne shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Ermna J. Harvat Hall, City Hall, 410 E. Washington Street, at 7:00 P.M. on the 9th day of September, 2003, or at such later time and place as may be scheduled. The Project will involve the following: Demolition of existing buildings and construction of the new Court Street Transportation Center including site improvements. All work is to be done in strict compliance with the plans and specifications prepared by OPN Architects, Inc., of Cedar Rapids, 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 famished 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 th 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 and post bond satisfacto~ 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 until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula- tion 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 conlxact price, said bond to be issued by a responsible surety approved by the City Council, 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 one (2) years fi.om and alSer its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 18 months. Specified Start Date: September 16, 2003. Liquidated Damages: $1000 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 Rapids Reproductions, 7l 1 Second Avenue S.E., Cedar Rapids, IA 52406, by bona fide bidders. Bidding Documents may be examined at the following places: OPN Architects, Inc.: 625 First Street SE, Suite 460, Cedar Rapids, IA 52401 Construction Market Data, Inc.: I011 Office Park Road, Suite 1, West Des Moines, IA 50265 ILLOWA Builder's Exchange 520 24th Street, Rock Island, IL 61204 North Iowa Builders Exchange 15 West State Street, Mason City, IA 50401 Lincoln Builder's Exchange 5910 S. 58th Street, Suite C, Lincoln, NE 68516 Sioux City Construction League 1414 Jackson Street, Sioux City, IA 51102 Siouxland Builder's Association 903 6t~ Street, Sioux City, IA 51102 Construction Update Plan Room 1406 Central Avenue, Fort Dodge, IA 50501 Chamber of Commerce Plan Room 709 South Center, Marshalltown, IA 50158 Associated General Contractors of Iowa 701 East Court Avenue, Suite B, Des Moines, IA 50309 F.W. Dodge Company 7600 Park Lawn Avenue, Minneapolis, MN 55435 City of Iowa City Jeff Davidson, Asst. Director of Planning and Community Development 410 E. Washington, Iowa City, IA 52240 jeff davidson~iowa-city, org A $175.00 non-rethndable fee is requked for each set o£plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to OPN Architects, Inc. Prospective bidders are advised that the City of Iowa City desires to employ mmurity contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, lams, companies or other parties with whom the bidder intends to subcontxact. This list shall include the type of work and approXtmate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantifies, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutow authority, preference will 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 Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Steven Nasby, Community Development Coordinator, 410 E. Washington St., Iowa City, IA (319) 356-5248 RESOLUTION NO. 03-286 RESOLUTION APPROVING FUNDING FOR DELUXE BAKERY FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS the CDBG Economic Development Fund was approved within Iowa City's Annual Action Plans for FY03 and FY04 as parts of the City's 2001-2006 Consolidated Plan (CITY STEPS), as amended, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Iowa City City Council Economic Development Committee held two public meetings to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by Deluxe Bakery be allocated $15,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of a five-year (5 year) amortized loan with an interest rate of three percent (3%); and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project to create employment opportunities and support micro-enterprise development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 2. The City Manager is authorized to execute, terminate or amend an agreement(s) with Deluxe Bakery for activities in connection with this allocation of public funds. Passed and approved this 9t.h day of Se~l:ember ,20 (~.3 CITY'CLERK City Attorney's Office Resolution No. 03-286 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: AB STA ! N: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef Wilbum X City of Iowa City E ORANDU DATE: September 8, 2003 TO: City Council FROI~I: Steven Nasby, Community and Economic Development Coordinator RE: Recommendation on CDBG Economic Development Funding - DeLuxe Bakery DeLuxe Bakery is currently a home-based business that is expanding into a storefront located at 812 S. Summit Street. DeLuxe Bakery specializes in wedding cakes, fine pastries and a variety of other baked goods. Employment created by this project will include one retained job (owner) and new one full-time equivalent position. On August 29, the City Council Economic Development Committee voted to recommend $15,000 in funding for this project. CDBG funds will be used for site improvements and equipment purchase. The Council Economic Development Committee is recommending financing terms for DeLuxe Bakery as follows: · 3% interest rate · 5 year amortized loan lin addition to the proposed CDBG funding, DeLuxe Bakery has secured a $190,000 business loan from a local bank. A resolution approving the CDBG funds and the financing terms is on the September 9 Council agenda for your consideration. Tf you have questions regarding this project or need additional information please contact me at 356-5248. A complete copy of the application by DeLuxe Bakery is available in the August 14 Council Tnformation Packet. Cc: City Manager Karin Franklin, Director of Planning and Community Development City of Iowa City MEMORANDUM TO.' City Council and City IVlanager FROI~I: Steven Nasby, Community and Economic Development Coordinator RE: interest Rate for CDBG\HOIVlE Projects At the September 8 work session the Council had questions about the interest rates that are charged to CDBG and/or HONE projects. At present, interest rates are being applied to housing and to economic development activities. Please note that housing projects may be funded with CDBG and/or HONE, while economic development projects are CDBG eligible only. Last year, the City Council established an interest rate policy for housinq projects. This policy is as follows: · The interest rate for rental housing will be 1% for non-profit projects and prime rate minus two points for for-profit projects with an amortization period up to 30 years or the period of affordability, whichever is less. · The interest rate for homeownership projects will be 1% simple interest in the form of a Conditional Occupancy Loan (a loan that must be paid in full when the owner sells, transfers title, moves or rents the property). While the Conditional Occupancy Loan is in effect, simple interest will accrue but no payments will be made by the property owner. The term of the Conditional Occupancy Loan will not exceed 20 years. At the end of the 20-year period, the homeowner will have the option to payoff the Conditional Occupancy Loan (accrued interest and principal) or enter into a 10-year amortized loan with the City for the repayment of the balance due. Economic development activities are currently looked at on a case-by-case basis. Typically, the for-profit business projects (e.g. restaurant and bakery) have been recommended for Iow-interest loans; whereas, non-profits or non-income producing projects (Englert Theatre and [SED training program) have been given forgivable loans or grants. The basis for the Council's Economic Development Committee in determining interest rates for economic development projects relates to several inter-related factors. These factors include the risk involved in the proposed project, the number of jobs created for Iow-moderate income persons, the ability of the proposed project to repay a loan and the amount of other funding leveraged by the CDBG investment. As a comparison, the State of iowa's Targeted Small Business Assistance program uses a range of interest rates for their loans (3-7%) based on many these same factors. Tf you have any questions or need additional information please contact me at 356-5248. Cc: Karin Franklin, Director of Planning and Communib/Development Prepared by: Linda Kopping, Senior Center Coordinator, 410 E. Washington St., iowa City, iA 52240 (319)356-5225 RESOLUTION NO. 03-287 RESOLUTION RESCINDING RESOLUTION NO. 94-309 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION MODIFYING THE COMPOSITION OF A SENIOR CENTER COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND ESTABLISHING THE MEMBERSHIP, TERMS, DUTIES, POWERS AND AUTHORITY OF SAID COMMISSION. WHEREAS, Resolution No. 94-309 established a Senior Center Commission for the City of iowa City, Iowa ("Commission") and established the membership, terms, duties, powers and authority of said Commission; WHEREAS, Resolution No. 94-309 was based upon a 28E Agreement between the City of Iowa City, Iowa and Johnson County, Iowa for the funding and operation of the Senior Center that has been dissolved; WHEREAS the Senior Center offers opportunities to community members for personal enrichment, social engagement and community involvement, provides information and referral for supportive services and information related to aging, and provides operational and programming space for other agencies serving the elderly; and WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the publ!c interest that the City Council modify the membership of the Commission in light of the dissolution of said 28E Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: 1. The Senior Center Commission of the City of Iowa City shall consist of seven (7) members, six (6) members who are residents of the City appointed by the City Council and one (1) additional at-large member, who is an eligible elector of Johnson County Iowa but not a resident of the City of Iowa City, appointed by majority vote of the six (6) City Council appointees to the Commission. All shall serve without compensation except for reimbursable expenses. All may serve more than one term. 2. The terms of office of each member shall be three (3) years commencing on January 1 of the year of appointment. 3. The six (6) current City Council appointees to the Commission shall continue to serve out their terms. 4. The one (1) at-large Commission member appointed by majority vote of the six (6) City Council appointees shall serve a three year term beginning on January 1, 2004. Time spent serving on the Commission prior to January 1, 2004 shall not be calculated in the initial term of office. Resolution No. 03-287 Page 2 5. The City Manager shall be authorized to take whatever administrative action is necessary to provide the staff assistance and information that is necessary to aid the Commission in the performance of its duties. 6. The Commission shall serve in an advisory role to the City Council with regards to the needs of the Senior Center, and shall make recommendations with regard to policies and programs of the Senior Center; shall join staff and other interested persons in seeking adequate financial resources for the operation of the Senior Center; shall encourage full participation by senior citizens in the programs of the Senior Center; shall ensure that the Senior Center is effectively integrated into the community and cooperates with organizations with common goals in meeting the needs of senior citizens; shall serve in an advocacy role with regard to the needs of senior citizens and shall assist and give input to the City Manager in evaluation and hiring of personnel. 7. The Commission shall have power to make recommendations with regard to the allocation of space in the Senior Center to various agencies and organizations; to make recommendations with regard to the acceptance and utilization of gifts; to make recommendations with regard to policies, rules, ordinances and budgets which affect the programs and services of the Senior Center; to present an annual report of Senior Center activities and accomplishments to the City Council and to implement the above recommendations unless otherwise mandated by the City Council. 8. The Commission shall adopt a set of By-Laws, which they deem necessary and advisable for the conduct of the business of the Commission. 9. Resolution No. 94-309 is rescinded and ail other resolutions and parts of resoluti~)ns in conflict with the provisions of this resolution are hereby repealed. 10. If any section, provision or part of the resolution shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the resolution as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 11. This resolution shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 9t..h day of_~.~i~~, 20hq . MAYOR Approved by (~IT~LERK City Attorney's Office Resolution No. 03-287 Page 3 It was moved by Champion and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Linda Kopping, Senior Center Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319)356-5225 RESOLUTION NO. __ RESOLUTION RESCINDING RESOLUTION NO. 94-309 AND AD/OPTING/N LIE-~ THEREOF A NEW RESOLUTION MODIFYING THE C.(3MPOSlTION OF ~. SENIOR CENTER COMMISSION FOR THE CITY/G~ IOWA__C_!_TY_, IOW~, AND ESTABLISHING THE MEMBERSHIP,//TERMS, DUTIES, P OW~S AND AUTHORITY OF SAID CO MMISSIO/~'/ ......... WHEREAS,,_? o, lution No. 9 -309 established a Sen~mission for the City of Iowa City, Iowa ~Commission ) and established the ~p, terms, duties, powers and authority o_f s_aid ..C~.m. mission; / ........ WHEREAS, Res01uti, No 94-309 was based)~~~wee,n !,_h_e C~i?_ of Iowa City, Iowa and hnson County, Iow~~On of the Senior Center that has been WHEREAS the Senior offers 9~POrtunities to community members for personal enrichment, social and involvement, provides information and referral for supportive tion related to aging, and provides operational and programming space for oth~ ,ncies serving the elderly; and WHEREAS, the City Council of of Iowa City, Iowa, deems it in the public interest that the City Council modify th of the Commission in light of the dissolution of said 28E Agreement. NOW, THEREFORE, BE THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: / 1. The Senior Cen~r Commission ity of Iowa City shall consist of seven (7) members, six~) members who are ~,dents of the City appointed by the City Counc and o~'e (1) additional at-large ~r~ber who is a qualified elector of Johnson County owa,~ppointed by majority vote fth{ six (6) City Council appointees to the Commission/ All shall serve without co ~tion except for reimbursable expenses./All may serve more than one term. 2. The term/of office of each member shall 3) years commencing on January 1 of th~/~ear of appointment. The s' (6) current City Council appointees to ~rr ' ' ;hall continue to serve o rms. 4. TI'~e one (1) at-large Commission member appointed majority vote of the six (6) City Council appointees shall serv.e a three year term nning on January 1, 2004. Time spent serving on the Commission prior to Jan~ 1, 2004 shall not be calculated in the initial term of office. Resolution No. Page 2 5. The City Manager shall be authorized to take whatever administrative action is neces~.ary to provide the staff assistance and information that is necessary to aid the Commf~sion in the performance of its duties. 6. The commission shall serve in an advisory role to the City Cc with regards to the need~ of the Senior Center, and shall make recomme~ with regard to policies arid programs of the Senior Center; shall join and other interested persons in ~,~eeking adequate financial resources for operation of the Senior Center; shall',.~encourage full participation by senior in the programs of the Senior Center;"~shall ensure that the Senior Center y integrated into the community and',~ooperates with organizations common goals in meeting the needs of senior c~tizens shall serve in an role with regard to the needs of senior citizens and'?hall assist and give input City Manager in evaluation and hiring of personnel. '\ 7. The Commission shall~ave power to recommendations with regard to the allocation of space in th~, Senior various agencies and organizations; to make recommendations lh regard the acceptance and utilization of gifts; to make recommendations ~olicies, rules, ordinances and budgets which affect the programs and Senior Center; to present an annual report of Senior Center activities and a plishments to the City Council and to implement the above recommendations unl otherwise mandated by the City Council. 8. The Commission shall ado of By-Laws, which they deem necessary and advisable for the conduct sss of the Commission 9. Resolution No. 94-309 i,~ :inded all other resolutions and parts of resolutions in conflict with the prow of this lution are hereby repealed· 10. If any section, provi~ or part of the olution shall be adjudged to be invalid or unconstitutional, su adjudication shall affect the validity of the resolution as a whole or any provision or thereof not adjudged invalid or unconstitutional. 11. This resolutior be in effect after its passage, approval and publication as required by Passed and d this day ,20.__  MAYOR Approved by Cl ERK City Attorney's Office Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-288 RESOLUTION APPROVING BY-LAWS OF THE SENIOR CENTER COMMISSION. WHEREAS, the Senior Center Commission revised and unanimously adopted by-laws; and · WHEREAS, it is in the public interest to adopt by-laws which set forth the duties, officers, members and meeting schedule of the Senior Center Commission; and WHEREAS, the by-laws provide that they are not effective until approved by the City Council; WHEREAS, the Council Rules Committee has reviewed the proposed by-laws and has recommended adoption with minor amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the by-laws of the Senior Center Commission, which are attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 9th day of September ,2003. CITY'CLERK City Attorney's Office Sue~OrdRes\ByLawsSrCtrRes.doc Resolution No. 03-288 Page 2 It was moved by 0'Donne11 and seconded by Wi I burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum BY-LAWS IOWA CITY SENIOR CENTER COMMISSION Amended August 21, 2003 (Rules Committee) SECTION 1 PURPOSE The Senior Center Commission shall serve in an advisory role to the City Council of the City of Iowa City with regard to the needs of the Senior Center. 1.1 Duties The Commission shall carry out the duties enumerated by Resolution of the City Council of Iowa City. 1.2 Powers The Commission shall have those powers enumerated by Resolution of the City Council of Iowa City. SECTION 2 MEMBERSHIP Membership in the Commission shall be as specified by Resolution of the City Council of Iowa City. 2.1 Appointment All vacancies on the Senior Center Commission will be advertised in accordance with the policies of the City of Iowa City. Persons seeking to be appointed by the Iowa City City Council shall apply to said council for appointment, and said council will appoint members to the Commission as vacancies occur. Persons seeking the at-large appointment to the Commission shall apply to the Commission for appointment using a City of Iowa City application form for boards and commissions. Appointment requires a majority vote of at least four Commission members at any regular Commission meeting as vacancies occur. 2.2 Compensation and Expenses Commissioners shall serve without compensation but may be reimbursed for expenses incurred for travel outside of Johnson County on designated Commission business. Such expenses shall have prior approval by the City Manager of Iowa City upon the request of the Senior Center Coordinator. Receipts for all such expenses shall be stipulated to the City Manager of Iowa City through the Senior Center Coordinator prior to reimbursement for such expenses. 2.3 Orientation of New Members Prior to the first regular meeting following their appointment, new Commissioners shall be provided with copies of the By-Laws and other documentation that would be useful to Commission members in carrying out their duties. They may also be given an orientation bdefing by members of the staff, the Commission and others as may be deemed appropriate. srctr~seniorcenterbylaws9-03.doc 1 9/5/03 Prepared by: Linda Kopping, Senior Center Coordinator, 410 E. Washington St., iowa City, iA 52240 (319)356-5225 RESOLUTION NO. 03-287 RESOLUTION RESCINDING RESOLUTION NO. 94-309 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION MODIFYING THE COMPOSITION OF A SENIOR CENTER COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND ESTABLISHING THE MEMBERSHIP, TERMS, DUTIES, POWERS AND AUTHORITY OF SAID COMMISSION. WHEREAS, Resolution No. 94-309 established a Senior Center Commission for the City of iowa City, Iowa ("Commission") and established the membership, terms, duties, powers and authority of said Commission; WHEREAS, Resolution No. 94-309 was based upon a 28E Agreement between the City of Iowa City, Iowa and Johnson County, Iowa for the funding and operation of the Senior Center that has been dissolved; WHEREAS the Senior Center offers opportunities to community members for personal enrichment, social engagement and community involvement, provides information and referral for supportive services and information related to aging, and provides operational and programming space for other agencies serving the elderly; and WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the publ!c interest that the City Council modify the membership of the Commission in light of the dissolution of said 28E Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: 1. The Senior Center Commission of the City of Iowa City shall consist of seven (7) members, six (6) members who are residents of the City appointed by the City Council and one (1) additional at-large member, who is an eligible elector of Johnson County Iowa but not a resident of the City of Iowa City, appointed by majority vote of the six (6) City Council appointees to the Commission. All shall serve without compensation except for reimbursable expenses. All may serve more than one term. 2. The terms of office of each member shall be three (3) years commencing on January 1 of the year of appointment. 3. The six (6) current City Council appointees to the Commission shall continue to serve out their terms. 4. The one (1) at-large Commission member appointed by majority vote of the six (6) City Council appointees shall serve a three year term beginning on January 1, 2004. Time spent serving on the Commission prior to January 1, 2004 shall not be calculated in the initial term of office. Resolution No. 03-287 Page 2 5. The City Manager shall be authorized to take whatever administrative action is necessary to provide the staff assistance and information that is necessary to aid the Commission in the performance of its duties. 6. The Commission shall serve in an advisory role to the City Council with regards to the needs of the Senior Center, and shall make recommendations with regard to policies and programs of the Senior Center; shall join staff and other interested persons in seeking adequate financial resources for the operation of the Senior Center; shall encourage full participation by senior citizens in the programs of the Senior Center; shall ensure that the Senior Center is effectively integrated into the community and cooperates with organizations with common goals in meeting the needs of senior citizens; shall serve in an advocacy role with regard to the needs of senior citizens and shall assist and give input to the City Manager in evaluation and hiring of personnel. 7. The Commission shall have power to make recommendations with regard to the allocation of space in the Senior Center to various agencies and organizations; to make recommendations with regard to the acceptance and utilization of gifts; to make recommendations with regard to policies, rules, ordinances and budgets which affect the programs and services of the Senior Center; to present an annual report of Senior Center activities and accomplishments to the City Council and to implement the above recommendations unless otherwise mandated by the City Council. 8. The Commission shall adopt a set of By-Laws, which they deem necessary and advisable for the conduct of the business of the Commission. 9. Resolution No. 94-309 is rescinded and ail other resolutions and parts of resoluti~)ns in conflict with the provisions of this resolution are hereby repealed. 10. If any section, provision or part of the resolution shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the resolution as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 11. This resolution shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 9t..h day of_~.~i~~, 20hq . MAYOR Approved by (~IT~LERK City Attorney's Office Resolution No. 03-287 Page 3 It was moved by Champion and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-288 RESOLUTION APPROVING BY-LAWS OF THE SENIOR CENTER COMMISSION. WHEREAS, the Senior Center Commission revised and unanimously adopted by-laws; and · WHEREAS, it is in the public interest to adopt by-laws which set forth the duties, officers, members and meeting schedule of the Senior Center Commission; and WHEREAS, the by-laws provide that they are not effective until approved by the City Council; WHEREAS, the Council Rules Committee has reviewed the proposed by-laws and has recommended adoption with minor amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the by-laws of the Senior Center Commission, which are attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 9th day of September ,2003. CITY'CLERK City Attorney's Office Sue~OrdRes\ByLawsSrCtrRes.doc Resolution No. 03-288 Page 2 It was moved by 0'Donne11 and seconded by Wi I burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum BY-LAWS IOWA CITY SENIOR CENTER COMMISSION Amended August 21, 2003 (Rules Committee) SECTION 1 PURPOSE The Senior Center Commission shall serve in an advisory role to the City Council of the City of Iowa City with regard to the needs of the Senior Center. 1.1 Duties The Commission shall carry out the duties enumerated by Resolution of the City Council of Iowa City. 1.2 Powers The Commission shall have those powers enumerated by Resolution of the City Council of Iowa City. SECTION 2 MEMBERSHIP Membership in the Commission shall be as specified by Resolution of the City Council of Iowa City. 2.1 Appointment All vacancies on the Senior Center Commission will be advertised in accordance with the policies of the City of Iowa City. Persons seeking to be appointed by the Iowa City City Council shall apply to said council for appointment, and said council will appoint members to the Commission as vacancies occur. Persons seeking the at-large appointment to the Commission shall apply to the Commission for appointment using a City of Iowa City application form for boards and commissions. Appointment requires a majority vote of at least four Commission members at any regular Commission meeting as vacancies occur. 2.2 Compensation and Expenses Commissioners shall serve without compensation but may be reimbursed for expenses incurred for travel outside of Johnson County on designated Commission business. Such expenses shall have prior approval by the City Manager of Iowa City upon the request of the Senior Center Coordinator. Receipts for all such expenses shall be stipulated to the City Manager of Iowa City through the Senior Center Coordinator prior to reimbursement for such expenses. 2.3 Orientation of New Members Prior to the first regular meeting following their appointment, new Commissioners shall be provided with copies of the By-Laws and other documentation that would be useful to Commission members in carrying out their duties. They may also be given an orientation bdefing by members of the staff, the Commission and others as may be deemed appropriate. srctr~seniorcenterbylaws9-03.doc 1 9/5/03 2.4 Absences Commission members are expected to attend all scheduled meetings. In the event this is not possible, a member is expected to notify an officer or Senior Center Coordinator of his/her anticipated absence. In the event that a City Council appointee to the Commission misses three (3) consecutive meetings without notification, the Commission may request of the Iowa City City Council that the member be replaced. In the event that the at-large member of the Commission misses three (3) consecutive meetings without notification, the Commission, by vote of at least four Commission members at any regular Commission meeting, may elect to replace that member. 2.5 Resiqnations If any member is unable to continue carrying out the duties of membership for any reason, the member, if appointed by the City Council, shall send a letter of resignation to the City Council with a copy to the Commission. The at-large member of the Commission shall send a letter of resignation to the Commission. The appointing body shall then appoint a person to fill out that term. 2.6 Unexpired Terms Vacancies occurring on the Commission, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. SECTION 3 OFFICERS The Commission shall be governed by three officers, the Chairperson, Vice Chairperson and Secretary. This group shall constitute the Executive Committee. 3.1 Duties All officers are to participate in an agenda planning meeting with the Senior Center Coordinator prior to each regularly scheduled Commission meeting. 3.1.1 Chairperson The Chairperson shall, when present, preside at all meetings, call special meetings as provided for under the Meetings section of these By-Laws, appoint special committees and in general perform all duties incident to those of a presiding officer. 3.1.2 Vice Chairperson The Vice Chairperson shall perform all functions of the Chairperson, as described in the preceding subsection, in the event the Chairperson is absent. 3.1.3 Secretary The Secretary shall review the draft minutes of all Commission meetings prior to distribution and ensure that they are distributed as spelled out in section 4.6 of the Senior Center Commission By-Laws. srctr~eniorcenterbylaws9-03.doc 2 9~5/03 2.4 Absences Commission members are expected to attend all scheduled meetings. In the event this is not possible, a member is expected to notify an officer or Senior Center Coordinator of his/her anticipated absence. In the event that a City Council appointee to the Commission misses three (3) consecutive meetings without notification, the Commission may request of the Iowa City City Council that the member be replaced. In the event that the at-large member of the Commission misses three (3) consecutive meetings without notification, the Commission, by vote of at least four Commission members at any regular Commission meeting, may elect to replace that member. 2.5 Resiqnations If any member is unable to continue carrying out the duties of membership for any reason, the member, if appointed by the City Council, shall send a letter of resignation to the City Council with a copy to the Commission. The at-large member of the Commission shall send a letter of resignation to the Commission. The appointing body shall then appoint a person to fill out that term. 2.6 Unexpired Terms Vacancies occurring on the Commission, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. SECTION 3 OFFICERS The Commission shall be governed by three officers, the Chairperson, Vice Chairperson and Secretary. This group shall constitute the Executive Committee. 3.1 Duties All officers are to participate in an agenda planning meeting with the Senior Center Coordinator prior to each regularly scheduled Commission meeting. 3.1.1 Chairperson The Chairperson shall, when present, preside at all meetings, call special meetings as provided for under the Meetings section of these By-Laws, appoint special committees and in general perform all duties incident to those of a presiding officer. 3.1.2 Vice Chairperson The Vice Chairperson shall perform all functions of the Chairperson, as described in the preceding subsection, in the event the Chairperson is absent. 3.1.3 Secretary The Secretary shall review the draft minutes of all Commission meetings prior to distribution and ensure that they are distributed as spelled out in section 4.6 of the Senior Center Commission By-Laws. srctr~eniorcenterbylaws9-03.doc 2 9~5/03 3.1.4 Election Officers shall be elected annually at the December meeting of the Commission, or as soon thereafter as can be arranged. Members of the Commission whose terms are expiring at the end of the year shall compose a Nominations Committee which shall propose nominees for the positions. Any Commission member may move the nomination of additional nominees for the positions. Officers shall serve for a term of one year. 3.1.5 Vacancies In the event an office becomes vacant during the year the position shall be filled by an election held at the next regular meeting. Nominations for the position shall be made by members of the Commission and the newly-elected officer shall serve until the next regular election. SECTION 4 MEETINGS 4.1 Reqular Meetinqs 4.1.1 Schedule Regular meetings of the Commission shall be held monthly at the Senior Center. 4.2 Special Meetinqs 4.2.1 Schedule Special meetings of the Commission may be called by the Chairperson or acting Chairperson as deemed necessary. Additionally, special meetings shall be called at the request of any three (3) or more Commission members. 4.3 Notice and Aqenda 4.3.1 The meeting agenda and notice of meeting time and place shall be sent to the Commission members and the media at least three (3) days prior to the meeting. Special meetings may be called not less than 24 hours before the meeting, and notification shall be by mail or hand delivery. 4.3.2 Additionally, both notice of the meeting and the agenda shall be posted in the Senior Center a minimum of 24 hours prior to the scheduled beginning of the meeting. Emergency meetings may be called on less than 24 hours notice in accordance with State Code. 4.4 Quorum A majority of the Commission membership shall constitute a quorum for the conduct of business at any regular or special meeting. Votes from a majority of those present shall be sufficient to pass any item brought before the Commission except for those votes related to membership on the Commission. 4.5 Proxies Proxy voting shall not be permitted. srctr~eniorcenterbylaws9-03.doc 3 9/5/03 4.6 Public Discussion Time shall be made available at the beginning of any regular meeting for public comment on any topic not on the agenda. No individual shall be permitted to speak for more than 5 minutes and, at the discretion of the meeting Chairperson, total public discussion time may be limited to 15 minutes. Public comments, under the same limitations, shall be permitted prior to the Commission's actions on any agenda item at a regular or special meeting. 4.7 Minutes The minutes of all regular meetings shall be prepared and distributed to the Senior Center Commission at least three (3) days prior to the next scheduled meeting of the Senior Center Commission. The minutes, in either a draft or approved format, shall be submitted to the City Council of Iowa City within twenty-one (21) days of the meeting. A copy of the approved minutes shall be distributed to the City Manager and City Council as soon as they become available. 4.8 Meetinqs with the City Council of Iowa City If the Commission or members of the Commission meet with the City Council of the City of Iowa City at a regular meeting, a recess in the Council meeting, or immediately after the Council meeting of the City Council of Iowa City, said meeting may be conducted without notice as required by §21.4 of the Code of Iowa if the meeting is publicly announced at the City Council meeting and the subject of the Commission meeting reasonably coincides with the subjects discussed or acted upon by the City Council. 4.9 Attendance at Related Meetinqs The Commission Chair or designated representative(s) may be requested to be in attendance at any council, board of committee meeting at which matters pertaining to the Commission's responsibilities or Senior Center financing are to be discussed or acted upon. SECTION 5 COMMITTEES AND ADVISORY GROUPS 5.1 Committees The Commission may establish such committees as deemed appropriate to perform the duties of the Commission. The Commission shall specify the composition, duties, and terms of any such committee. 5.2 Advisory Groups The Commission may define and authorize advisory groups comprised of participants, community members, staff, and/or Commissioners. Such groups shall serve without compensation and report back to the Commission as needed. srctdseniorcenterbylaws9-03,doc 4 9/5/03 SECTION 6 AMENDMENTS 6.1 Amendments to the By-Laws These By-Laws may be amended or repealed and replaced by vote of at least five Commission members at any Commission meeting. Any proposed changes to these By-Laws shall be submitted to the Commission at least 14 days prior to such vote. Following Commission approval, all amendments to the By-Laws must also be approved by the Iowa City City Council at which time they become effective. srctr~seniorcenterbylaws9-03.doc 5 9/5/03 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 522.~0 (319) 356-5030 RESOLUTION NO. / APPROVING BY-LAWS OF THE SENI(~ CENTER WHEREAS, the Senior revised and unanimously ad.OPted by-laws; and WHEREAS, it is in the ic interest to adopt by-laws which set/'fodh the duties, officers, members and meeting of the Senior Center Commission; an~d WHEREAS, the by-laws provide ' are not effective until appr, bved by the City Council; WHEREAS, the Council Rules nmittee has reviewed thc proposed by-laws and has recommended adoption. / NOW, THEREFORE, BE IT RESOLVED IL OF THE CITY OF IOWA CITY, IOWA, that the by-laws of the Senior which are attached hereto and incorporated by reference herein, are and ado City Council. Passed and approved this day of__ 2003. X~,pproved by ATTEST: X,, ~~_~ CITY CLERK City'Attorney's Office Sue\OrdRes\ByLawsSrCtrRes.doc \ BY-LAWS IOWA CITY SENIOR CENTER COMMISSION Amended August 8, 2003 SECTION 1 PURPOSE / The Senior C~ nter Commission shall serve in an advis/bry role to the City Council of the Cit~ ~, with regard to the needs of th~'Senior Center. 1.1 Duties , The ~ission shall carry out the duties e/numerated by Resolution of the Cit incil of Iowa City. / The shall have those powe enumerated by Resolution of the City SECTION 2 MEMBERSHIP Membership in .ion shall be as., cified by Resolution of the City Council of Iowa City. 2.1 Appointment All vacancies on will be advertised in accordance with the ' of Iowa City. Persons seeking to be appoir the Iowa City City Council shall apply to said council for appointment nd said council will appoint members to the Commission as vacancies ,r. Persons seeking the at-large aent to the Commission shall apply to the Commission for appo City of Iowa City application form for boards and commi intment requires a majority vote of at least four Commissio~ regular Commission meeting as vacancies occur. 2.2 Compensation and es Commissioners shall ser pensat~n but may be reimbursed for expenses incurred Johns~,n County on designated Commission business, expenses shall havca~prior approval by the City Manager of Iowa ~ ity the request of the S~nior Center Coordinator. 9xpenses shall be~stipulated to the City Manager of Iowa the Senior Center Coor~!nator prior to reimbursement for s 2.3 Orientation ,,1embers Prior to the first r, ular meeting following their appointment, new Commissioners ~11 be provided with copies of the By-Laws and other documentation I at would be useful to Commission members in carrying may also be given an orientation briefing by members of the staff, the Commission and others as may be deemed appropriate. c:\tem p~by-lawrevisiondraft 12003_,doc 8/11/03 2.4 Absences Commission members are expected to attend all scheduled meetings. In the event this is not possible, a member is expected to notify an officer or Senior Center Coordinator of his/her anticipated absence. In the event that a City Council a Commission misses three (3) consecutive meetings withou notification, the Commission may request of the Iowa City City Council ~at the member be replaced. In the event that the at-large member Commission misses three (3) meeting~ ion, the Commission, by vote of at regular Commission meeting, elect to replace that member. 2.5 If an ember is unable to continu carrying out the duties of hip for any reason, ppointed by the City Council, letter of resignation t, City Council with a copy to the The at-large mem Commission shall send a letter of resi Commissior a copy to the City Council. The appointing shall then [hat term. 2.6 Unexpired If a position/~ ~s vacant by reason of resignation or otherwise and ~ired term, the appointing body may choose to fill a manner that the appointee shall continue in the position ~h the unexpired term but also through the subsequent Time spent filling an unexpired term shall tallying the number of terms served by a Commissioner. SECTION 3 OFFICERS The Commission shall be ree officers, the Chairperson, Vice Chairperson and Secretary. all constitute the Executive Committee. 3.1 Duties All officers are to parti ~ planning meeting with the Senior Center Coordi scheduled Commission meeting. Chairperson shall, when present,'~reside at all meetings, call The Chair special me as provided for under t~e Meetings section of these appoint special committe~,s and in general perform duties incident to those of a pre~,iding officer. c:\temp~by-lawrevisiond raft12003_.doc 2 8/11/03 3.1.2 Vice Chairperson The Vice Chairperson shall perform all functions of the Chairperson, as described in the preceding subsection, in the event the Chairperson is~bsent. 3.1.3 Secretary . The Secretary shall revie~v the draft minutes of all Commission , meetings prior to distribution and ensure that they are distributed '~ as spelled out in section '4.6 of the Senior Center Commission By- Laws. 4 Election Officen annually at the December meeting of the Commission, or as thereafter as can be arranged. Members ,f the Commission terms are expiring at the end of the ar shall corn ~ Nominations Committee which shall nomin, Any Commission member the no~ of additional nominees for the positions. of one year. 3.1.5 Vacar lice becomes vacant during the year the position shall be fi ' an election held at the next regular meeting. Nominatio~ the position shall be made by members of the Commission ~nd the newly-elected officer shall serve until the next regular ;tion. SECTION 4 MEETINGS 4.1 Regular Meetings 4.1.1 Schedule Regular eetings of t'~e Commission shall be held monthly at the Senior ,~nter. k 4.1.2 Notice ~d Agenda eting agenda and r~tice of meeting time and place shall be se to th ,~ Commission ~embers and the media at least three (3) d~ ~ prior to regular meet'~gs. Additionally, both notice of the mee/fi I and the agenda shall b~e posted in the Senior Center a min~ 'n of 24 hours prior to th~scheduled beginning of the 4.2 Special Meet~hq., 4.2.1 -h.,~,, ,~.a~l~eetings of the Commission ~,ayX be called by the hairperson or acting Chairperson as d'etemed necessary. dly, special meetings shall be cai[ed at the request of any or more Commission members.% \,, c:\ternp\by-lawrevisiond raff12003_.doc 3 8/11/03 4.2.2 Notice and Agenda Special meetings may be called upon notice by telephone not less than 24 hours before the meetings and 72 hours before the meeting if a written notice g is given. If for good cause such notice or impractical these notice requirements may such notice shall be given as is , reasonably possible. Whe i notice is waived for good cause, the nature of the good cause stifying the departure from the normal uirements shall be minutes of the special meeting. addition the minutes all set out the manner of notification of of the special meeting. 4.3 Quorum A majority embership shall constitute a quorum for ~us~ness at a ular or special meeting. Votes from a ma present be sufficient to pass any item brought before ission membership on the Commission. 4.4 Proxies Proxy voting shall 4.5 Public Discussion Time shall be made ble at the beginning of any regular meeting for public comment on ic not on the agenda. No individual shall be permitted to speak 5 minutes and, at the discretion of the meetin total blic discussion time may be limited to 15 minutes. Public limitations, shall be permitted prior to the Com on any agenda item at a regular or 4.6 Minutes The minutes 'all regular meetin .hall be prepared and distributed to the Senior £ three (3) days prior to the next scheduled Commission. The minutes, in either a dr )roved formal City Council of twenty-one (21) days g. A copy of the shall be Manager and City Council as they become 4.7 Meetin with the City Council of Iowa If theommission or members of the ion meet with the City Cour of the City of Iowa City at a regular :lng, a recess in the Cou~ meeting, or immediately after the meeting of the City Co,, of Iowa City, without notice as Code publicly ar ounced at the City Council meeting and the subject of the 'nmission meeting reasonably coincides with the subjects discussed or upon by the City Council. c:\tem p\by-lawrevisio ndraft 12003_.doc 4 8/11/03 4.8 Attendance at Related Meetin,qs The Commission Chair or designated representative(s) may be requested to be in attendance at any council, of committee meeting at which matters pertaining to the Commission's Senior Center financing are to be discussed or acted ~ SECTION 5 COMMITTEES AND ADVI,~ 5.1 Committees The may establish su( as deemed appropriate to )rm the duties of the The Commission shall specify the ~ duties, ~ such committee. 5.2 Advisor ission may define -~ authorize advisory groups comprised of staff, and/or Commissioners. Such groups ~erve without c and report back to the Commission s needed. SECTION 6 6.1 Am, These By or repealed and replaced by vote of at least five ~embers at any Commission meeting. Any proposed changes b By-Laws shall be submitted to the Commission ~ days prior to such vote. Following Commission approval, all amen( By-Laws must also be approved by the Iowa City City CoL time they become effective. Approved on: Chair, Senior Center Comr c:\tem p\by-lawrevisiondraft 12003_.doc 5 8/11/03 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-289 RESOLUTION APPROVING BY-LAWS OF THE BOARD OF APPEALS. WHEREAS, the Board of Appeals revised and unanimously adopted by-laws; and WHEREAS, it is in the public interest to adopt by-laws which set forth the duties, officers, members and meeting schedule of the Board of Appeals; and WHEREAS, the by-laws provide that they are not effective until approved by the City Council; WHEREAS, the Council Rules Committee has reviewed the proposed by-laws and has recommended adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, that the by-laws of the Board of Appeals, which are attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this. 9t.h day of Sept. ember ,2003. Approv_~ed by CI~ERK City Attorney's Office Sue\OrdRes~yLawsBdAppRes.doc Resolution No. 03-289 Page 2 It was moved by Wilburn and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ~ Pfab X Vanderhoef X Wilbum BY-LAWS IOWA CITY BOARD OF APPEALS ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Board shall be held on the first Monday of each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson or the Building Official. Section 3. Place of Meetings. Regular meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meetinq. Notice and agenda for all regular meetings shall be distributed to all Board members and the press. Notice to all members and to the media shall be at least three (3) days before a meeting is held including special meetings. All notice requirements and meetings shall conform to the provisions of the Iowa open meetings law. Section 5. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Board of Appeals shall consist of seven (7) members. All Board members must be eligible electors of Iowa City but not regular employees of the City. The Board shall include at least one licensed electrician, one licensed plumber, one HVAC professional, one representative from the Home Builders Association of Iowa City, and one building design professional The remaining members shall be qualified by experience and training to pass on matters pertaining to building construction. All members of the Board shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2. Building Official. The Building Official shall be an ex officio member and shall act as ' secretary to the Board, but shall have no vote on any matters before the Board. Section 3. Nomination. The City Council shall appoint members to the Board as vacancies occur, Section 4. Terms. Terms of membership shall be five years, commencing January 1. Members may serve for more than one term. Section 5..Absences. Three consecutive unexplained absences of a Board member may result in the Board's recommendation to the City Council to .remove the member from the Board, and to appoint a new member. Section 6. Resignations & Vacancies. If any member is no longer willing or able to serve on the Board, the member shall send a letter of resignation to the City Council. Vacancies occurring in the Board, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. ARTICLE III. OFFICERS Section 1. Number. The officers of this Board shall be a Chairperson and Vice-Chairperson, and each shall be elected by members of the Board. Section 2. Election and Term of Office. The officers of this Board shall be elected annually at the first regular meeting of each calendar year. Section 3. Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of the Chairperson's death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson. When so acting, the Vice-Chairperson shall have all the powers and be subject to all the restrictions of those resting with the Chairperson. ARTICLE IV. CONDUCT OF BOARD AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Board meetings. Agendas are to be sent to Board members and the media at least three days prior to the regular meetings. Section 2. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Board members, and approved by the Board and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 3. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 4. Attendance at Council Meetings. The Board Chairperson or designated representatives are to be in attendance at City Council meetings, including infoFmal sessions, when necessary to discuss, present, or explain matters pertaining to the domain of the Board's responsibilities. The Board Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Board business. Section 5. Annual Report. An annual report, detailing the activities of the Board, shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council at the end of each fiscal year. ARTICLE V. DUTIES AND AUTHORITY Section 1. Duties. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the City staff relative to the application and interpretation of the Iowa City Building, Electrical, Mechanical, Plumbing, Dangerous Buildings, Fire and Housing Codes as authorized by City ordinance. The Board shall also review each new edition of the model codes and prepare and recommend any local amendments to City Council for adoption. Section 2. Appeals. All appeals shall be filed, heard, and decided as provided by City ordinance. Hearings shall be held within thirty (30) days of the receipt of a written appeal or request, unless both the applicant and the chairperson agree to a continuance. Section 3. Decisions. The decisions of the Board shall be in writing and shall state the reason or reasons for the decision. The decisions of the Board of Appeals are the final decisions of the City. Section 4. Limitations of Authority. The Board shall have no authority relative to the Building, Electrical, Plumbing, Mechanical, Dangerous Buildings, Housing, or Fire Codes, except as provided by City ordinance. ARTICLE VI. FEES Section 1. Fees for appeals and proposals for alternate materials and methods of construction shall be set by resolution of City Council. Fees may be waived following request by the applicant if the Board determines that the outcome of the hearing does not provide compensating financial relief to the applicant and refunding of the fee is in the best interest of fairness and justice. ARTICLE VII. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Written notice of the proposed amendment shall be provided to Board members at least two (2) weeks prior to the meeting at which the proposed amendment appears on the agenda. The notice shall include the general character of proposed amendment. Upon approval by the City Council, such by-laws shall take force and effect. Section 2. All previous bylaws are repealed. Board Chair Date Sue/H IS/BdAppBylaws.doc