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Home My WebLink About1996-01-16 ResolutionRESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR LOT 152 AND LOTS 168-179 INCLUSIVE OF COURT HILL-SCOTT BOULEVARD ADDITION, PART IX. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer and water main improvements for Lot 152 and Lots 168-179 inclusive of Court Hill-Scott Boulevard Addition, Part IX, as constructed by Maxwell Construc- tion, Inc, of Iowa City, Iowa. WHEREAS, maintenance bonds have been'filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted, Passed and approved this day of ,1996, ATTEST: CITY CLERK MAYOR Approved by ~t~/Attorney It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoaf pwengtcou~tsct.res ENGIN~ER~S REPORT CITY OF I0 WA CITY January9,1996 Honorable Mayor and City Council Iowa City, Iowa RE: Lot 152 and Lots 168-179 inclusive of Court Hill-Scott Boulevard Addition, Part IX Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main public improvements for Lot 152 and Lots 168-179 inclusive of Court Hill-Scott Boulevard Addition, Part IX has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A WATERMAIN EASEMENT AND A PORTION OF A PRIVATE STREET, UTILITY AND PUBLIC ACCESS EASEMENT LOCATED IN COURT HILL-SCOTT BOULEVARD ADDITION PART IX, AND TO APPROVE AND EXECUTE A SUBSTITUTED PRIVATE STREET, UTILITY, AND ACCESS EASEMENT AGREEMENT FOR THE SAME PROPERTY WHEREAS, the City possesses a water main easement and utility and public access easement within Court Hill-Scott Boulevard Addition Part IX, Iowa City, Iowa; and WHEREAS, subsequent to the approval bf the final plat for Court Hill-Scott Boulevard Addition Part IX, an alternative, more efficient route was used for the placement of the water main, and the existing water main easement was not used; and WHEREAS, subsequent to the approval of the final plat for Court Hill-Scott Boulevard Addition Part IX, the "hammerhead" ending of the private street was modified into a cul-de-sac for aesthetic and safety purposes; and WHEREAS, the developer requested the City release the existing, unused water main easement and a portion of the utility and public access easement located in Court Hill-Scott Boulevard Addition, Part IX, said water main and utility easement being recorded on Apdl 3, 1990, in Book 1117, page 14, and said public access easement being recorded on Apdl 3, 1990 in Book 1117, Page 17, both portions to be released being designated and legally described on the plat attached hereto as Exhibit "B" and incorporated by this reference; and WHEREAS, the owner has agreed to enter into a new, substituted Utility and Public Access Easement Agreement which is attached hereto and incorporated by reference herein, which substituted utility and public access easement is designated and described on the plat attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, Public Works has recommended the release of the existing, unused water main easement and the release of a portion of the private street, utility and public access easement and the execution of a substituted public access and utility easement agreement to conform to the actual construction existing in the development; and WHEREAS, it is in the public interest to release the existing, unused water main easement, to release a portion of the private street, utility and public access easement, and to execute the new, substituted Utility and Public Access Easement Agreement for the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to release the existing, unused water main easement and to release a portion of the private street, utility and public access easement, and to enter into the new, substituted Public Access and Utility Easement Agreement attached hereto, which is hereby approved as to form and content. The City of Iowa City does hereby abandon, release and relinquish all dght, title and interest in the Water Main Easement and Pdvate Street, Utility and Access Easement described in Exhibit "B" attached hereto and incorporated by reference herein, and the mayor is hereby authorized to sign, and the City Clerk to attest, a release of said easements sufficient for recordation. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Public Access and Utility Easement Agreement. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached Exhibit "B", the attached release, and the attached Public Access and Utility Easement Agreement with Exhibit "A", said recording costs to be paid by Plum Grove Acres, Inc., the Developer of Court Hill-Scoff Boulevard Addition Part IX. It was moved by and seconded by be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: Baker Kubby , Lehman Norton Novick Thornberry Vanderhoef Passed and approved this day of , 1996. MAYOR A'I-rEST: CITY CLERK Prepared by: Sarah E. Holecek, Asst. Ciw Attorney, 410 E. Washington St., Iowa City. IA 52240 (319)356-5030 PUBLIC ACCESS AND UTILITY EASEMENT FOR COURT HILL-SCOTT BOULEVARD ADDITION, PART IX THIS AGREEMENT made and entered into by and between Plum Grove Acres, Inc., an Iowa Corporation, hereinafter referred to as Subdivider, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Subdivider hereby grants and conveys to the City, an easement for the purposes of excavating for and the installation, replacement, maintenance and use of utility lines and water main for the Subdivision. This easement includes access to the areas designated as "Private Street, Utility and Access Easement", as shown on the Easement Dedication Plat of Court Hill-Scott Boulevard Addition Part IX of Iowa City, Johnson County, Iowa, which plat is attached hereto and by this reference made a part hereof. This easement provides the City and the general public with a means of ingress, egress and passage over the private street designated as Scott Court on said plat and also includes an easement for the City water main on or in that same area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. The Subdivider reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said area; or diminish or substantially add to the ground cover over the utility lines, Nothing in this Agreement shall be construed to impose a requirement on the City to install the private improvement at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider. The Subdivider hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof, 2 The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. SIGNED this day of ,1996. PLUM GROVE ACRES, INC. CITY OF IOWA CITY BY: Bruce R. Glasgow, President BY: Naomi J. Novick, Mayor BY: Frank Boyd, Secretary ATTEST: Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ,1996, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Bruce R. Glasgow and Frank Boyd, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Bruce R. Glasgow and Frank Boyd 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 Public in and for the State of Iowa. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ,1996, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Susan M. Horowitz and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa. & ACC[$$ EASEMENT ~, WASH~'NGTON' STREET 152 ~"'"'-,EASEMENT \' ~ 2,575 sq,ft 0.059 ocres ~ 172 171 170 169 168 ....... 1-' 174 175 176 COURT STREET EXHIBIT "R" % ,A"" & ACC~$$ EASEMENT 1,1.086 ~ ~t 0323 oc,es Q 179 I ~- RELEASE OF WATER MAIN AND PRIVATE STREET, UTILITY AND ACCESS EASEMENT The City of Iowa City, Iowa, does hereby release the property legally described as "Released Watermain Easement" and "Released Pdvate Street, Utility and Access Easement" as designated on the Plat attached hereto as Exhibit "B" and incorporated by this reference, from a lien or cloud upon the title placed thereon by those easements granted to the City. These easements are originally shown on the Final Plat of Court Hill-Scott Boulevard Addition, Part IX, Iowa City, Iowa, and which easement agreements are recorded in Book 1117, Page 14, et seq. of the records of the Johnson County Recorder's Office. Said easements as specifically designated and described in Exhibit "B" are hereby released. The City retains all other easements shown on said final plat not released by this document. CITY OF IOWA CITY, IOWA BY: Naomi J. Novick, Mayor Attest: Madan K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of January, 1996 before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Naomi J. Novick and Madan K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Naomi J. Novick and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa il I: I', 179 RESOLUTION NO. 96-1 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Harris Discount at 71 Commercial Drive in Iowa City, Iowa, has surrendered cigarette permit No. 85-32 , expiring June 30 , 1 996 , and requests a refund on the unused portion, now thereof, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. , issued to Thnm~ F. '~l~rr~ be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 50.00 , payable to Thomas E. Harr±s as a refund on cigarette permit No. 85-32 Passed and approved this 16th day of January ,1996, ATTEST: ~~ ~x. ~ CIT~-CLERK MAYOR Approved It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: X x x x x X Baker · Kubby Lehman Norton Novick Thornberry Vanderhoef RESOLUTION NO. 96-2 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CiTY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: One Eyed Jake's - 18 South Clinton Street Union - 121E. College Street It was moved by ~,,hby and seconded by as read be adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X x x x x Passed and approved this ~th day of January that the Resolution Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ,19_.9..6_. ATTEST:/~~ CITM CLERK Approved by "~orney's Office \danceprm.res RESOLUTION NO. 96-3 RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED RATE CHANGE AND REDUCTION IN HOURS OF SERVICE FOR IOWA CITY TRANSIT. WHEREAS, the City of Iowa City proposes to increase transit fares and reduce the level of evening service; and WHEREAS, City Code requires that notice and public hearing on the proposed fare increase and service level reduction be provided to the public, prior to enactment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing is hereby set for 6:30 p.m. on ¥ebruary 6 ' tO be held in the Civic Center Council Chambers, to permit public input on the proposed rate change and reduction in hours of service for Iowa City Transit. The City Clerk is hereby directed to publish notice of said hearing as required by Resolution No. 94-47, City Code entitled "Resolution Authorizing the City of Iowa City to Establish a Policy Regarding Public Hearings for Transit Fare and Service Changes for Iowa City Transit" as provided by federal and local law. Passed and approved this [6r.h day of .]~n,,,ry , 1996, MAYOR ( (J CITY'CLERK It was moved by ]~,,hhy and seconded by adopted, and upon roll call there were: Approved by ity Attor~ Lehman the Resolution be AYES: NAYS: ABSENT: X X x X x x Baker Kubb¥ Lehman Norton Novick Thornberry Vanderhoef RESOLUTION NO. 96-4 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 326 NORTH JOHNSON STREET, IOWA CITY, IOWA. WHEREAS, on July 15, 1991. the property owner of 326 North Johnson Street executed a Rehabilitation Agreement, Promissory Note and a Mortgage in exchange for a low interest loan in the amount of $34,500 from the Housing Rehabilitation Program; and WHEREAS these documents created a lien against the property; and WHEREAS on January 12, 1996, new roan instruments were signed and the amount of the loan will be retinariced upon approval of this Release of 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 at 326 North Johnson Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the $34,500 which was recorded in Book 1912 Pages 84 thru 97, of the Johnson County Recorder's Office. Passed and approved this 16th day of January , 1996. ~AYOR ^' EST:c, It was moved by Approved by and seconded by '[.~,hm~n the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef ppdrehab~326njohn.res t50 RELEASE OF LIEN The City of Iowa City dces hereby release the property at 326 North Johnson Street, Iowa City, Iowa, legally described as follows: The South 45 feet of the following described real estate, to-wit: Beginning at the North- west comer of Lot 4 in Block 28, Iowa City, Iowa; thence East 80 feet; thence South 105 feet; thence West 80 feet; thence North 105 feet to the place of beginning, from an obligation of the property owner to the City of Iowa City in the principal amount of $34,500 represented by a low interest loan recorded on June 5, 1995, in Book 1912 Pages 84 thru 97, in the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said pdor recorded documents. ~/MAYOR Approved by CITY-CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this //4 +L day of -.~n~-f _, A.D. 19 (/4¢ , before me, the under- signed, a Notary Public in and for s'~aid County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its Ci,ty Council, as contained in Resolution No. ?(~-'/, adopted by the City Council on the /~ ~ day o-0 ..~¢,n,,~,-,. ,19 ~/L, and that the said Naomi J. Novick and Marian K. Karr as such officersJacknowledged'the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa RESOLUTION NO. 96-5 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IiVIPROVEIVIENTS FOR ROCHESTER HILLS. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer and water main improvements for Rochester Hills, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted.. Passed and approved this ]6th day of 3anuar¥ , 1996. ATTEST: CIT~ CLERK MAYOR Approved by I...-I1.~,~ It was moved by Kubb¥ and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF IOWA CITY January 9, 1996 Honorable Mayor and City Council Iowa City, Iowa RE: Rochester Hills Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main public improvements for Rochester Hills has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer Prepared by: Sarah E. Holecek, Asst. City Attordey, 410 E. Washington St., Iowa City (319) 356-5030 RESOLUTION NO. 96-6 RESOLUTION AUTHORIZING EXECUTION OF THE SANITARY SEWER EASEMENT AGREEMENT FOR LOT 82, WHISPERING MEADOWS SUBDIVI- SION, PART TWO. WHEREAS, CB Development Ltd. is the owner of Lot 82, Whispering Meadows Subdivision, Part Two, and the City is the owner of Lot 72, Whispering Meadows Subdivision, Part Two; and WHEREAS, the sanitary sewer service connection serving Lot 72 crosses a portion of Lot 82 before connecting to the sanitary sewer service main; and WHEREAS, CB Development Ltd., as the owner of Lot 82, wishes to convey a sanitary sewer easement to the City of Iowa City, as owner of Lot 72, over and across Lot 82. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to execute and attest the permanent sanitary sewer easement agreement for Lot 82, Whispering Meadows Subdivision, Part Two, and the City Clerk is hereby directed to certify a copy of the same for recordation in the Johnson County Recorder's Office at the City's expense. Passed and approved this lfith day of ATTEST: ~~ CITY CLERK MAYOR January , 1996. ! It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: X Baker x Kubby X Lehman x Norton X Novick X Thornberry X Vanderhoef SANITARY SEWER EASEMENT AGREEMENT This Agreement is made by and between CB Development, Ltd., a corporation, hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter '1he City"). WHEREAS, CB Development Ltd. is the owner of Lot 82, Whispering Meadows Subdivision, Part Two, and City is the Owner of Lot 72, Whispering Meadows Subdivision; and WHEREAS, The sanitary sewer service connection serving Lot 72 crosses a portion of Lot 82 before connecting to the sanitary sewer service main; and WHEREAS. CB Development Ltd, as the owner of Lot 82, wishes to convey a sanitary sewer easement to the City of Iowa City, as owner of Lot 72, over and across Lot 82 as depicted upon the attached Sanitary Sewer Service Easement Acquisition Plat. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: CB Development Ltd, as the owner of Lot 82, for the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, hereby grants and conveys to the City, an easement over and across Lot 82 for the benefit of Lot 72, Whispering Meadows Subdivision, Part Two, Iowa City, Iowa, for purposes of excavating for and the installation, replacement, maintenance and use of such sanitary sewer lines, pipes, mains and conduits as the City shall from time to time elect for conveying sewage together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the premises designated on the Sanitary Sewer Easement Acquisition Plat attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter "easement area"}, and as legally described on said Exhibit "A" attached hereto. Owner further grants to the City the following dghts in connection with the easement: 1. The right to grade said easement area for the full width thereof, and the dght to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to the sanitary sewer lines, or may interfere with the exercise of the City's dghts hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance dghts by the City or its agents or employees in the course of their employment. The Owner reserves a dght to use said easement area for purposes which will not interfere with the City's full enjoyment of its dghts hereby granted; provided that the Owner shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement area; or substantially add to the ground cover of said easement area. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. SIGNED this l~h day of.]'anuar¥, 1996. CITY OF IOWA CITY, IOWA Nac~mi J. C~ov~ck, Mayor Marian K. Karr, C'ty Cle k Approved by: OWNER CB Development, Ltd. Carol Barker STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this I~/ day of November, 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Carol Barker, to me personally known, who being by me duly sworn did say that she is the President and Secretary of C.B. Development, Ltd., the corporation executing the within and 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; and that Carol Barker as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by her voluntarily executed. Notary'Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 16thday of January , 1996, before me, the undersigned, a Notary Public in o. nd for said County, in said Stats, personally appeared ~aom_t .~. ]qov:Lck and Madan K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that theRaomJ..~, ~ov/Lck and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. -,.,%~,~,,~ -~"~ Notary Public in and for the State of Iowa / Prepared by: Scott {3. Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 [319)356-5243 RESOLUTION NO. 96-7 RESOLUTION APPROVING FINAL PLAT OF W.B. DEVELOPMENT, IOWA CITY, IOWA. WHEREAS, the owner, Howard Winebrenner, filed with the City Clerk the final plat of W. B. Development, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the foliowing-described real estate in Iowa City, Johnson County, Iowa: Beginning at the Southwest Comer of the Southeast Quarter of Section 20, Township 79 North, Range 6 West, of the 5th Principal Meridian, Johnson County, Iowa; Thence N00°25'45"E, a recorded bearing, along the West Line of said Southeast Quarter of Section 20, in accordance with the Plats of Subdivision for Scott's Fourth Addition, as recorded in Plat Book 34, at page 268, and Scott's Second Addition as recorded in Plat Book 31, at page 46, all of the records of the Johnson County Recorder's Office, a distance of 1395.30 feet, to the Southwest Comer of Lot 5 of said Scott's Second Addition; Thence N89°58'45" E, along the South Line of said Lot 5, a distance of 625.40 feet, to the Southeast Corner of said Lot 5, a point on the Southwesterly Right-of-Way Line of U.S. Highway No. 218, at a point which is 75 feet, normally distant, southwesterly, of Ramp "C" Edge of Slab Station No. 3561+84.1; Thence S47°35'45"E, along said Southwesterly Right-of-Way Line, 641.40 feet, to a point which is 180.00 feet, normally distant, southwesterly of Highway Centerline Station No. 1455+00; Thence S34°28'45"E, along said Southwesterly Right-of- Way Line, 1164.65 feet, to its intersection with the South Line of said Southeast Quarter of Section 20; Thence S89°54'22'~/V, along said South Line, 1768.78 feet, to the Point of Beginning. Said tract of land contains 40.27 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, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. Resolution No. 96-7 Page 2 NOW, CITY, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. 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. 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 ce~ify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall also 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 16th day Of J~nuar¥ , 1996. ATTEST: ~_~,~ CITY-CLERK It was moved by Kubby MAYOR . '~L~, // and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman NoVon Novick Thomberry Vanderhoef STAFF REPORT To: Planning & Zoning Commission Item: SUB95-0030. W.B. Development, Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: Prepared by: Scott Kugler Date: January 4, 1996 Howard Winebrenner 217 Stevens Drive Iowa City, IA 52240 Phone: 338-7811 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval. To create an eight-lot commercial sub- division, South of the Highway l/Highway 218 interchange. 40.27 acres. Vacant; C1~1, intensive commercial. North: Vacant; CP-1, Planned Com- mercial (County) East: Highway 218 right-of-way. South: Agricultural; RS, Suburban Residential. West: Commercial; CP-2, Planned Commercial (County). This area was not included on the 1989 Comprehensive Plan land use map because it was not in the corporate limits at that time. The Fringe Area Agreement suggests commercial and light industrial development at this interchange. City Code Chapter 14-7, land subdivi- sions. 2 File date: November 30, 1995. 45-day limitation period: January 16, 1996, 60-day limitation period: January 29, 1996. BACKGROUND INFORMATION: The applicant, Howard Winebrenner, is requesting final plat approval of W.B. Development, an eight-lot, 40.27 acre commercial subdivision on property located south of the Highway l/Highway 218 interchange. This property was recently annexed and rezoned to C1-1, intensive commercial, to allow this development to occur within the corporate limits. The City will be extending a water line to the property, and a private lift station is to be installed for sewage disposal until such time as the Southwest Interceptor sewer is extended to serve this area. ANALYSIS: The proposed final plat appears to be in general conformance with the City's subdivision regulations and the approved preliminary plat for this property. Construction drawings have been approved by Public Works. Legal papers are under review and must be approved prior to Council consideration. The legal papers should obligate the owners of Lots 1-8 for maintenance of the proposed storm water detention basin. The plat contains a note which restricts development on Lot 8 until such time that Naples Avenue is improved to the south property line of the subdivision. The developer of Scott's Second and Fourth Additions, located directly west of this subdivision, is responsible for the improvement of Naples Avenue from Highway 1 south to Alyssa Court. The County is responsible for enforcement of this requirement. It is anticipated that the improvements will occur this spring. Development of Lot 8 would require that paving be extended south from Alyssa Court to the south line of Lot 8. STAFF RECOMMENDATION: Staff recommends that the final plat of W.B. Development be approved, subject to the approval of legal papers prior to Council consideration of the final plat. ATTACHMENTS: 1. Location Map. 2. Final Plat, Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development ~ubOO30.$k LOCATION MAP 8UE~95-005~ F~NAL PLAT W.B. DEVELOPMENT FOLLOWIN(3 18 ,,~ ~ ~ BEST DOCUMENT AVAILABLE DEVELOPMENT IOWA CITY, IOWA RESOLUTION NO. 96-8 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 6th day of February, 1996. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 13th day of February, 1996, or at such later time and place as may then be fixed. Passed and approved this 16th day of , 1996. ATTEST: CITY'CLERK MAYOR i~ r n e y~ss 0 ffi~c ~'~//~ Resolution No. 96-8 Page 2 It was moved by Lehma~ and seconded by adopted, and upon roll call there were: Baker the Resolution be AYES: NAYS: ABSENT: X X X x Baker Kubby Lehman Norton Novick · Thornberry Vanderhoef 1~l{)6 HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN PROJECT :~TO:~.Y AP2,,EA !"BOUNDARY I~' .. "" ~'~T7 '.r,; -', ..~: ;. --., ._,, ';, i FIGURE ONE STUDY AREA The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Norton introduced and delivered to the Clerk the Resolution hereinafier set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $6,200,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock _.M. on the day of ,1995, at this place. Council Member called and the vote was, Baker seconded the motion. The roll was AYES: Leftart. Norton. Nnv~ek. Thnrnh~rry. Vanderhn~F~ NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 96-9 RESOLUTION FNSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $6,200,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $6,200,000 General Obligation Bonds for the essential corporate purpose of paying costs of improvements and extensions to the Municipal Waterworks Plant and System, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: -3~ /7o The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Vanderhoef introduced and delivered to the Clerk the Resolution hereinat~er set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $28,000,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock _.M. on the day of ,1995, at this place. Council Member called and the vote was, seconded the motion. The roll was AYES: Norton~.Novlck, Thornberry, Vanderhoef~ Baker~ Kubby~ Lehman. NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 96-10 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $28,000,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $28,000,000 General Obligation Bonds for the essential corporate purpose of paying costs of the construction, reconstruction, extension, improvement and equipping of the Mmficipal Sanitary Sewer Utility Plant and System and has considered the extent of objections received from residents or properly owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: -3- REPEALED BY RESOLUTION 98-310. RESOLUTION NO. 96-11 RESOLUTION REPEALING RESOLUTION NO. 94-21 OFTHE CITY COUNCIL OF THE CITY OF IOWA CITY AND APPROVING A NEW RESOLUTION SETTING FORTH RULES OF ORDER FOR THE CONDUCT OF FORMAL COUNCIL MEETINGS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said Council does hereby repeal Resolution No. 94-21 and, in its place, approve Rules of Order for the Conduct of Formal City Council Meetings as follows: A. Order of Business The business of the City Council shall be taken up for consideration in substantially the following order, except as otherwise ordered by the Mayor or City Council: 2. 3. 4. 5. 7. 8. 9. 10. 11. Roll Call Mayor's Proclamations Consent Calendar Public Discussion Planning and Zoning Matters: hearings, recommendations, resolutions Other Public Hearings Other Ordinances Other Resolutions Council Business City Manager and City Attorney Business Adjournment ordinances and B. Content of Consent Calendar Those items on the Agenda which are considered routine will be listed under the Consent Calendar and be enacted by one motion, with a roll call vote. If the Mayor, a Council member or a citizen specifically requests that any of the items be considered separately, these items will be removed and considered later on the Agenda. Passed and approved this 16th day of .T~n,,ary ,1996. MAYOR ATTEST: ~K ~' ~4AJ clerk\order.res Resolution No. 96-11 Page 2 It was moved by l~orton and seconded by Thnrnherry adopted, and upon roll carl there were: the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef RESOLUTION NO. 96-12 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGI- NEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to monitor the groundwater and prepare necessary quarterly, semi-annual, and annual water quality reports in accordance with state and federal regulations; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the Provision of Engineering Services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this 16th day of January , 1996. ATTEST: MAYOR It was moved by Lehman and seconded by adopted, and upon roll call there were: Baker the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppweng~landfill.res CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 8th day of DqCernber .... 1995 , by and between the City of Iowa City, a municipal corporation. hereinafter referred to as the City and. Howard R. Green Comeany. of Cedar RapidS, lowel . hereinafter referred to as the Consultant. WHEREAS the City of Iowa City desires to secure the services of an engineering consulting firm to provide assistance in implementing the Hydrologic Monitoring System Plan in order to remain in compliance with the IDNR landfill permit requirements. NOW THEREFORE. it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. GROUNDWATER AND SURFACE MONITORING The CITY of IOWA CITY will be responsible to perform the following tasks in a timely manner for Fall 1995 and throughout the years 1996 and 1997: Collect quarterly and semi-annual water samples from all monitoring points identified in the Hydrologic Monitoring System Plan (HMSP) and the Amended HMSP, as approved by IDNR. yield data, such as well depths and well level measurements, pH, specific conductivity, and temperature measurements will be recorded and IDNR sampling forms 542-1322 and 542-1324 will be completed. HOWARD R. GREEN COMPANY (HRG) will provide the following services: Provide assistance in implementing the sampling program; review the analytical data and field measurements; discuss with landfill representatives any findings that may negatively impact the landfill operation. Draft a letter to be submitted by the City of Iowa City with the IDNR forms and analytical reports to the IDNR office in Des Moines and the IDNR field office in Manchester. Iowa. FEES: Forthe engineering services related to the Fall 1995 sampling event and all sampling events throughout the years 1996 and 1997, the fee is $15.550.00. ANNUAL WATER QUALITY REPORTS for 1995, 1996, and 1997 HOWARD R. GREEN COMPANY (HRG) will provide the following services: This Scope of Services covers engineering fees and expenses required for the completion and submittal of the Annual Water Quality Reports (AWQR) which will address the effect, if any, the landfill is having on the environment. The report is to be submitted to IDNR by November 30, of each year to fulfill the requirement of the landfill permit, Special Provisions 5e. and 5j. The reports will contain statistical analyses of all existing sampling data collected through November of each year in 1995, 1996, and 1997, at the Iowa City Sanitary Landfill. Specifically, the reports will provide documentation of the statistical procedures utilized in the evaluation, and will conform to the standards of [567] Iowa Administrative Code, Chapter 103.2(6) and (8). All results will be summarized in text form, with conclusions and recommendations presented. The actual statistical analyses output, including graphics and a digital record, will be provided in an appendix. The AWQRs will also address the requirements of the Monitoring Well Maintenance Performance Reevaluation Plan and will discuss each well depth and monthly water levels. For the 1995 AWQR, a Howard R. Green Company staff hydrogeologist will review all available information about the site geology and hydregeology to gain a complete understanding of the five strata monitored at the site. Only with this knowledge can a correct interpretation of the sampling data be accomplished. At this time, it is very difficult to estimate the engineering time required to generate the report, all pertinent tables and graphs, and to make recommendations for future sampling events. Subsequent AWQRs should be less costly. Since all data is not yet available at this time and some must be entered manually before the necessary computer calculations can be pe~ormed, the November 30, 1995 submission date will not be met. HRG will submit a request for an extension of this date to April 15, 1996 to IDNR. All subsequent AWQRs will be delivered on time to meet the IDNR requirements. FEES: The estimated fee forthe 1995 Annual Water Quality Report is $8,000.00 to $10,000.00. For the 1996 and 1997 Annual Water Quality Reports, the estimated fee is $6,000.00 for each, subject to change pending further development of the landfill and subsequent changes of the Monitoring System. ANNUAL WATER QUALITY REPORT 1995, DATA ENTRY HOWARD R. GREEN COMPANY (HRG) will provide the following services: Since the sampling data from vadous previous sampling events are not readily accessible electronically, they must be entered manually before the statistical analyses can be accomplished. HRG employees will complete this task, to be invoiced on a "Time and Materials" basis, since it is impossible to judge how many hours will be required for data entry, checking the entries for accuracy and completeness. To the best of our knowledge, the "old" data from April 1990 to October 1993 consist of approximately 3,000 data points which must be entered manually from various sources. We estimate 100 to 250 man-hours for this task. From January 1993 to October 1993, NET laboratories performed the analyses for most parameters. These data represent at least 4,200 data points which can be transmitted electronically, but will still require verification of accuracy and completeness. We estimate about 70 to 140 man-hours for this task. For sampling events conducted in 1994 and in January through September 1995, we have not yet reviewed any data, if they are at all available. We cannot make an estimate on man-hours required for this part. FEES: The fee for the data entry and checking for accuracy and completeness will be invoiced on the basis of "time and material" for the labor and expenses incurred. I1. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Sampling Report to IDNR within 30 days of receipt of data provided by the City of Iowa City for each individual sampling event. 1995 Annual Water Quality Report ................To be submitted to IDNR by Apdl 15, 1996 1996 Annual Water Quality Report ...............To be submitted to IDNR by November 30, 1996 1997 Annual Water Quality Report ...............To be submitted to IDNR by November 30, 1997 III. GENERAL TERMS A.. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion,'sex, national origin, disability, age, martial status, sexual orientation, or gender idenls'il:.y. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national odgin, disability, age, madtal status, sexual orientation, or gender 'ident. i~:.y. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. G, It is agreed by the City that all records and files pertaining to Information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting. however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shell be deemed severable from the invalid portion and continue in full force and effe~:t. Original contract drawings shall become the properly of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Fees paid for secudng approval of authorities having jurisdiction over the Project will be paid by the City. IV. COMPENSATION FOR SERVICES Groundwater and Surface Water Monitoring, estimated Fee ....................................$15,500.00 1995 Annual Water Quality Report, estimated Fee ...................................................$10,000.00 1990 to Summer 1995 Data Entry. ...................................................................Time and Materials 1996 Annual Water Quality Report, estimated Fee ...................................................$ 6,000.00 1997 Annual Water Quality Report, estimated Fee ...................................................$ 6,000.00 4 V. MISCELI.ANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: Title: Ha,rot Date: 3anuary 16, 1996 FB~R TH~N~7/~J,A:~ Title: Vice President "*~-~ Appr M By CIty Attomey's Office O:~PROA718590~CONTRACT.96 9 Contact Person: Linda Newman Woito, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH J. ED AND IVIARY E. FORAKER FOR TEIV1PORARY USE OF PUBLIC RIGHT-OF- WAY FOR PORTIONS OF BURLINGTON AND DUBUQUE STREETS IN IOWA CITY, IOWA. WHEREAS, J. Ed and Mary E. Foraker are the fee owners of certain real estate located at 302 S. Dubuque Street, Iowa City, Iowa; and WHEREAS, J. Ed and Mary E. Foraker, hereafter "Owners," or their successors, will be undertaking construction of a new apartment building located at 302 S. Dubuque Street; and WHEREAS, Owners' construction will take place adjacent to their property along the south edge of Burlington Street and the east edge of Dubuque Street, and Owners wish to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, Owners have requested the City also permit the temporary closure of portions of the sidewalk on the south side of Burlington Street between Dubuque and Linn Streets and on the east side of Dubuque Street between Burlington and Court Streets; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right of way; and WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of portions of the sidewalk on the south side of Burlington Street between Dubuque and Linn Streets, and on the east side of Dubuque Street between Burlington and Court Streets, and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary closure is in the public interest; and WHEREAS, an easement agreement for the temporary use of the Burlington and Dubuque Streets public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: It is in the public interest to temporarily close a portion of a City sidewalk adjacent to Owners' property along the south edge of Burlington Street end the east edge of Dubuque Street in Iowa City, Iowa in order to assure a safe construction site for the construction of an apartment building, and thereby insure public safety. Such temporary sidewalk closing shall take effect beginning January 20, 1996 and end upon substantial completion of the construction, but no later than August 20, 1996. Resolution No. Page 2 The Temporary Easement Agreement attached hereto and incorporated by reference herein is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Easement Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at J. Ed and Mary E. Foraker's expense. Passed and approved this day of ,1996. ATTEST: CITY CLERK MAYOR Approved by ~neV's Office It was moved by and upon roll call there were: and seconded by AYES: NAYS: ABSENT: the Resolution be adopted, Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Contact Person: Linda Woito, 410 E. Washington Street, Iowa City, IA 52240; {319)356-5030 EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND J. ED AND MARY E. FORAKER FOR PORTIONS OF BURLINGTON AND DUBUQUE STREETS, IOWA CITY, IOWA This Easement Agreement is made by and between J. Ed and Mary E. Foraker, hereinafter also referred to as '"Owners", and the City of Iowa City, Iowa, a municipal Corporation, hereinafter referred to as "City." WHEREAS, J. Ed and Mary Eo Foraker are the fee owners of certain real estate located at 302 S. Dubuque Street, Iowa City, Iowa; and WHEREAS, J. Ed and Mary E. Foraker, hereafter "Owners," and/or their successor in interest Jim Clark,, will be undertaking construction of a new apartment building located at 302 S. Dubuque Street; and WHEREAS, Owners' construction will take place adjacent to their property along the south edge of Burlington Street and the east edge of Dubuque Street, and Owners wish to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, Owners have requested the City also permit the temporary closure of portions of the sidewalk on the south side of Burlington Street between Dubuque and Linn Streets and on the east side of Dubuque Street between Burlington and Court Streets; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right of way; and WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of portions of the sidewalk on the south side of Burlington Street between Dubuque and Linn Streets, and on the east side of Dubuque Street between Burlington and Court Streets, and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary closure is in the public interest; and WHEREAS, an easement agreement for the temporary use of the Burlington and Dubuque Streets public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, in mutual consideration of the promises herein, J. Ed and Mary E, Foraker and the City of Iowa City agree as follows: 1. Owners, J. Ed and Mary E. Foraker, are the fee owners of certain real estate located at 302 S. Dubuque Street, Iowa City, Iowa, and Owners will be undertaking construction of a 2 new apartment building located at 302 S. Dubuque Street along the south edge of Burlington and the east edge of Dubuque Street. In order to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic, Owners have requested the City permit the temporary closure and use of portions of the sidewalk right-of- way on the south side of Burlington Street between Dubuque and Linn Streets, and the east side of Dubuque Street between Burlington and Court Streets. 2. In consideration of the City's permission herein to temporarily close a City sidewalk during the construction of the apartment building as described in paragraph 1 above. Owners agree to secure its construction site against pedestrian and public traffic by providing adequate traffic control, by providing adequate signage, and by fencing all open excavation while the contractor is not working, thereby ensuring public safety and a safe construction site. 3. In consideration for Owners' promises herein, the City agrees to allow Owners to temporarily close a portion of the sidewalk right-of-way along the south side of Burlington Street and the east side of Dubuque Street adjacent to their property. 4. Owners agree to provide, keep in place, and maintain in good working condition certain signage necessary to: a) route pedestrians. b) provide advance warning. c) provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 5. Owners agree to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and those of its contractors, subcontractors, agents, employees and assigns arising out of Owners' use of the public right of way under this easement agreement, specifically including any and all claims and/or liabilities which may be alleged against the City as a result~ of its decision to allow Owners to temporarily close a sidewalk adjacent to their property along Burlington and Dubuque Streets as described herein. Owners further agree to carry Class II liability insurance in the amounts of $500,000 each occurrence, ~1 million aggregate bodily injury, and ~250,000 aggregate property damage with contractual liability coverage included. Owners shall further furnish a certificate of insurance of said valid insurance coverage, which certificate must be satisfactory to the City. 6. After the apartment building construction is complete, Owners agree to restore any and all portions of the sidewalk right-of-way to its pre-construction condition, to the City's complete satisfaction. City and Owners agree this Temporary Easement shall be in effect beginning January 20, 1996 and end upon substantial completion of the work, but no later than August 20, 1996. 7. Notwithstanding the above, Owners agree to cease and desist their temporary use and closure of the public sidewalk right-of-way and to remove any and all obstructions from said right-of-way when any one of the following events occurs: a. A breach of this easement agreement; 3 b. The use of the property changes and/or the temporary use of the public right-of- way is no longer needed or appropriate, as determined by the City; c. Within thirty (30) calendar days after the City gives written notice of removal to Owners. If Owners fail to remove any obstructions, barricades or signage from the public right-of-way as required in this paragraph, the City may remove the obstructions, barricade or signage, and the cost thereof shall be billed to Owners for payment to City. Upon Owners' failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (1995). 8. Owners acknowledge and agree that no property right is conferred by this grant of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of-way for private purposes; and, notwithstanding paragraph seven (7), that the City may order the said temporary use terminated at any time if, for any reason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions, as provided by state law. 9. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Dated this day of CITY OF IOWA CITY, IOWA By Naomi J. Novick, Mayor · 1996. OWNERS J. Ed Foraker Attest: Madan K. Karr, City Clerk Approved by: By Mary ~)E.F~aker 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before me, · a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Madan K, Kerr, 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. passed by the City Council, on the day of ,19__, and that Naomi J. Novick and Madan K. Kerr 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. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~'?.'~ day of ~ , A.D. 19c~L0, before me, the undersigned, a Notary Public in and for tr.~~ personally ap~"~red J. Ed and Mary E. Foraker ~ h-; 1 A- , to me personally known. Being duly sworn, they did state that they are the same people named and referred to in the instrument above; and that the instrument was signed as their voluntary act and deed, and by them voluntarily executed. sarah~,landuSe',forar~et,agr Notary Public'T~a~ f~he State'of Iov~a RESOLUTION NO. 96-13 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE GROUNDWATER STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS PROJECT. WHEREAS, Wendler Engineering has submitted the lowest responsible bid of $624,750.O0 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Wendlet Engineering, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 1 F, th day of January , 1996. MAYOR ATTEST:C]T~~ ~' ~ APPrm/ed ~ ~/~ ~rney's Office/_//, It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be I I I I I I I I I I I I I I Io City, ter- is rvoir R p ste em d Stor s rvoir~ ADVERTISEMENT FOR BIDS IOWA CITY WATER DIVISION GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS pROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 9th day of January, 1996, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine 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 Council Chambers at 7:30 P.M. on January 16, 1996. or at such later time and place as may then be scheduled. The Project will involve the following: Renovation of pumping systems including pumps, motors, piping and controls at three existing ground storage resenzo~rlbooster stations, together with related subsidiary and incidental work. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company. 4685 Merle Hay Rd., Des Moines, Iowa 50322. which have heretofore been approved by the City Council, and are on tile for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City. and must be accompanied in a sealed envelope. separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa. in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project. if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be retumecJ after the canvass and tabulation of bids is completed and reported to the City Council. r or 8 The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City 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 two (2) year(s) from and a~er its completion and formal acceptance by the City. The following limitations shall apply to this Project: Completion Date: April 30, 1997 Liquidated Damages: $400.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured atthe office of Howard R. Green Company, Consulting Engineers, 4685 Mede Hay Rd., Des Moines, Iowa 50322, by bona fide bidders. A $75.00 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Howard R. Green Company. A refund of $25.00 per set will be given upon return of said plans and specifications in good and usahie condition within 10 days after the receiving of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contraCtOrs and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement Of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minodty 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 is available at the City, and can be obtained from the Human Rights Coordinator at the Iowa City Civic Center by celllng 319-356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal r u S f e se r~~~~~l~ produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1991), applies to the canttact with respect to bidders who are not Iowa residents.. The City reserves fie fight to reject any or all proposals, and also reserves the fight to waive technicalit~es and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK RESOLUTION NO. 96-14 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE ADMINISTRATIVE AND AFSCME CLASSIFICATION PLANS BY ADDING ONE FULL-TIME ADMINISTRATIVE POSITION AND TWO FULL-TIME AFSCME POSITIONS. WHEREAS, the City has awarded a contract for construction of wastewater treatment and collection facility improvements, Contract 1 - South River Corridor Interceptor and Relief Sewers Project (Project); and WHEREAS, the City Council deems it in the public interest to have on-site project construction management services provided by City employees within the Public Works Department; and WHEREAS, it is necessary to add one administrative position and two AFSCME positions to provide construction management services for the Project and other special projects related to improvements to the City's infrastructure; and WHEREAS, Resolution No. 95-50 adopted by the City Council on March 7, 1995, authorized permanent positions in the Engineering Division of the Public Works Department for FY96; and WHEREAS, Resolution No. 94-222, adopted by the City Council on July 1,1994, established a classification/compensation plan for AFSCME employees; and WHEREAS, Resolution No. 94-149 adopted by the City Council on May 1 O, 1994, established a classification/compensation plan for Administrative/Confidential employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The budgeted positions in the Engineering Division of the Public Works Department be amended by: a. The creation of two full-time Special Project Inspectors, and b. The creation of one full-time Special Project Manager. The AFSCME payplan be amended by the addition of the position of Special Project Inspector, paygrade 11. The Administrative/Confidential payplan be amended by the addition of the position of Special Project Manager, paygrade 29. Passed and approved this 16th day of January ,1996. ATTEST: CI~T~CLERK MAYOR Approved by~ . rney's Office/,.~//, RESOLUTION NO. 96-15 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA FOR THE TRANSFER OF OWNERSHIP OF THE IOWA RIVER POWER DAM. WHEREAS, Johnson County owns the Iowa River Power Dam {"Dam") located on the Iowa River a short distance upstream from the mouth of Clear Creek; and WHEREAS, the water pool on the Iowa River formed by the Dam extends upstream to and beyond the City's new Water Supply and Treatment Facility site, and for this reason the City desires to draw water from the Iowa River and through sands and gravels adjacent to the Iowa River; and WHEREAS, maintaining the water pool level formed by the Dam is essential to maximize the City's water-withdrawal efficiencies, and wishes to maintain the water pool level; and WHEREAS, Johnson County desires to maintain the water pool level formed by the Iowa River Power Dam, for recreational purposes; and WHEREAS, the City also desires to use the Dam for recreational purposes, specifically to construct a pedestrian bridge atop the Dam; and WHEREAS, the County needs continual access to and over the Dam for public safety purposes; and WHEREAS, City and Johnson County agree the City should now own and maintain the Dam, as well as maintain the water pool level formed by the Dam, since the primary benefit will accrue to the City; and WH EREAS, the City and Johnson County have negotiated a Transfer of Ownership Agreement setting forth the terms for transfer of the Dam to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The agreement between the City of Iowa City, Iowa and Johnson County, Iowa for the transfer of ownership of the Iowa River Power Dam is in the public interest, and is hereby approved as to form and content. The Mayor and City Clerk are hereby authorized to enter into said agreement, and the City Attorney is authorized to carry out all actions necessary to consummate transfer of ownership, as required by law. R'esolution No. 96-15 Page 2 Passed and approved this 16th day of January ,1996. ATTEST:C~K~) ~. ~ Approved by ~ney's bffice/. ~..-~ It was moved by ThnYnhpYry and seconded by adopted, and upon roll call there were: V~nd~rhn~f the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Inv~trl)dam.res AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND ~OHNSON COUNTY, IOWA FOR THE TRAE~SFER OF OWNERSHIP OF THE IOWA RIVER POWER DAM This Agreement is entered into by the City of Iowa City, (hereinafter "City") and Johnson County, Iowa (hereinafter "County"), through the Johnson County Conservation Board ("Conservation Board") and the Johnson County Board of Supervisors. Iowa WHEREAS, Johnson County owns the Iowa River Power Dam ("Dam") located on the Iowa River a short distance upstream from the mouth of Clear Creek; and WHEREAS, the water pool on the Iowa River formed by the Dam extends upstream to and beyond the City's new Water Supply and Treatment Facility site, and for this reason the City desires to draw water from the Iowa River and through sands and gravels adjacent to the Iowa River; and WHEREAS, maintaining the water pool level formed by the Dam is essential to maximize the City's water-withdrawal efficiencies, and wishes to maintain the water pool level; and WHEREAS, Johnson County desires to maintain the water pool level formed by the Iowa River Power Dam, for recreational purposes; and -2- WHEREAS, the City also desires to use the Dam for recreational purposes, specifically to construct a pedestrian bridge atop the Dam; and WHEREAS, the County needs continual access to and over the Dam for public safety purposes; and WHEREAS, City and Johnson County agree the City should now own and maintain the Dam, as well as maintain the water pool level formed by the Dam, since the primary benefit will accrue to the City; and WHEREAS, the City and Johnson County have negotiated a Transfer of Ownership Agreement setting forth the terms for transfer of the Dam to the City. NOW, THEREFORE, in consideration of the mutual promises set forth herein, City, and Johnson County agree as follows: 1. Johnson County will transfer and the City will accept owner- ship of the Iowa River Power Dam ("Dam") to the City without monetary consideration. The transfer of ownership includes the Dam structure, and also the property described and shown on attached Exhibits A and B. -3- 2. City will repair and maintain the Dam to the degree necessary to ensure reliable performance of the structure and to sustain the historic water pool level. Necessary repair work is included in a study prepared by Howard R. Green Company for the City during April 1994. The City will complete the repair work as outlined by Howard R. Green during construction of the Iowa City Water Supply and Treatment Facilities Project, but no later than December 31, 1998. It is understood and agreed that this agree- ment creates a perpetual obligation which runs with the land to preserve the historic water pool level above the Dam and that this obligation being assumed by the City is a specifically enforceable consideration which benefits the County. 3. The County reserves a permanent easement to the Dam and property being transferred to the City for the limited purpose of access by public safety officers in the performance of their duties. The City agrees to consult with the Johnson County Sheriff before commencing any work which will affect public safety access to the Dam and its appurtenances. It is understood and agreed that this agreement creates a perpetual obligation which runs with the land to preserve physical access to the Dam and a walkway over the Dam for public safety purposes and that this obligation being assumed by the City is a specifically enforceable consideration which benefits the County. -4- 4. Johnson County will provide a deed the Dam no later than March 1, 1996 form and acceptable to the City. transferring ownership of in recordable Executed with the approval and on behalf of the Johnson County Board of Supervisors, the Johnson County Conservation Board and the Iowa City City Council this g day of , Johnson County Board of Supervisors Attest: /~ ~~ CITY OF IOWA CITY By: _i~~/ Attest~j~~ City of Iowa City, Mayor Iowa Attest, CORPORATE SEAL Approved by: ~rney ' s Offic~_/j _ ~ vc', 2100 PAs~ 28 -5- City's Acknowledgement STATE OF IOWA ) ) ss: JOHNSON COUNTY ) n i ~-//L --~c~u, ,1996, before me, ~,n~r-rd' ~'<-'}' , 0 ths ! day of a Notary Public in and for the Sta;~of Iowa, personally appeared Naomi J. Novick and Madan 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 ~orporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. q&-/5 passed (the Resolution adopted) by the City Council, under Roll Call No of the City Council on the/~ '5~day of ' nu,, ,1996, and that Naomi 37. ~Jovick and Marjan K. Karr acknowledged th~e~xecu~n of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. NOTARIAL SEAL Notary Public in and for the State of Io~va County's Acknowledgement STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Onthis ~9~ dayof ~'~/~,~, , 1996, before me, /~__~/~ ~ ~, ~, , a Notary Pu~ic in and for the State of Iowa, perso~aaily appeared Don Sehr and Tom Slockett, to me personally kRGwn, and who, being by me duly sworn, did say that they are the Board of Supervisors Chairperson and County Auditor, respectively, of Johnson County, Iowa; that the seal affixed t,~ 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 Board of Supervisors, as contained in a motion approved by the Board of Supervisors on the ~ day of 7'J-~..~,~-- ' , 1996, and that Don Sehr and Tom Slockett acknowledged the execution of t~e instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary lYublic in and~ff;~r the State of Iowa conservation Boardts Acknowledgemerit On this 20 day of March, 1996, before me a Notary Pu"~c in and for the State of Iowa, personally appeared Thomas R. Hoff and Rod Dunlap, to me personally known, and who, being by me duly sworn, did say that they are President and Director, respectively of the Conservation Board of Johnson County, Iowa~ and that the foregoing instrument was signed on behalf of the Conservation Board by authority of that Board as contained in a motion approved by that Board on the 28th day of February, 1996, and that Thomas R. Moff and Rod Dunlap acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the Board, by it voluntarily executed. NOTARIAL SEAL Notary Public in and for the State of Iowa .... 2J.O0 PAG 30 Exhibit "A" DESCRIPTION OF TRACT NO. I A tract of land, located in Government Lot 3 in the Southeast Quarter (SE 1/4) of Section 5, Township 79 North, Range 6 West of the 5th Principal Meridian, in the City of Coralvilie, County of Jolmson, State of Iowa, said tract of land being described as followed, to-wit: e, Commencing at the southeast comer of Section 5; · Thence N 89° 34' 42" W. 1686.50 feet, along the south line of Section 5, to the east line of First Avenue; · Thence N 01 ° 02' 00' W, 590.00 feet, along the east line of First Avenue; ,, Thence N 01 o 02' 00" W, 124.10 feet, along the eaat line of First Avenue; Thence N 24° 45' 00" W, 52.00 feet along the east line oflrwst Avenue; ,, ThencoN 13°37'46"W. 123.00 feet along the east line ofFirst Avenue; ., Thence N 03° 03' 12" E, 154.50 feet, along the east line of First Avanuo; Thence S 83° 4Y 00' E, 118.00 feet; Thence S 24° 29' 06" E, 106.62 feet, to the Point of Beginning; · Thence S 59° 15' 04" W, 20.51 feet; · Thence S 30° 44' 56" E, 46.40 feet, along the southwesterly edge of a darn abutment;, · Thence N 59° 15' 04" E, 15.42 feel along the edge of a concrete wall; Thence N 24° 29' 06" W, 46.69 feet, to the Point of Beginning. Beatings are referred from the east line of First Avenue as being N 0l° 02' 00'W, as assumed in previous surveys. Said tract contains 0.0191 acres, more or less. Distances are in feet and decimals thereof. DESCRIPTION OF TRACT NO 2 A tract of land, located in Government Lot 4 in the Southeast Quartet (SE 1/4) of Section 5, Township 79 Noah, Range 6 West of the 5th Principal Meridian, in the County of Johnson, State of Iowa, said tract offand being described as follows, to-wit: Commencing at the southeast comer of Section 5; Thence N 89°34 '42" W, 1686.50 feet, along the south line of Section 5 to the easl line of First Avenue; ThenceN~~°~2~~~"W~8l6~~~feet~al~~gtheeast~ine~fFirstAvanueandthen~rthward~ypr~~~ngati~n thereof; Thence N59° 15' 04" E, 436.64 feet.along the crest of a dam, to the lowar edge of a concrete wall, being the Point of Beginning; Thence N 30° 44' 56 W, 18.35 feet, along the lower edge era concrete wall; Thence N 05° 54' 29" E, 17.20 feet, along the edge of a concrete wall; Thence S 84° 05' 31" E, 6.00 feet, along the edge of a concrete wall; Thence S 05° 54' 29" W, 15.20 feet, parallel to the edge of a concrete wall; Thence S 30° 44' 56"E, 26.35 f~t, parallel to the edge of a concrete wall; Thence S 59° 15' 04"W, 6.00 feet, parallel to the edge of a concrete wall; Thence N 30° ,14' 56" W, 10.00 feet, along the edge of a concrete wail, to the Point of Beginning Bearings are referred from the east line of Firat Avenue as being N 01° 02'00" W, as assumed in previous surveys; Said Inct contains 0.0060 acres, more or less. Distances are in feet and decimals thereof. DESCRIPTION OF CREST OF DAM The crest of a dam, located in Government Lot 3 and Government Lot 4 in the Southe~'t Quarter (SE 1/4) of SeeHen 5, Township 79 North, Range 6 West of the 5th Principal Meridian, in the County of johnson, State of Iowa, said crest of dam being described ns follow~, to-wit: Commencing at the southeast comer of Section 5; The~ceN89°34~42~w~686~5~feet,al~ngth~south~ine~fSectin~5~totheees~e~fF~rstAvenuo; The~ceN~~°~2~~~~~w~8~6.~~feet~8~6.~~feet,a~~ngthee~st~ine~fFirstAvenun~~~dth~n~rthw~rd~y prolongation lhereof; ThenceN59~4"E~44~feet~t~heP~i~t~fBe~inn~ngbeingthe~rthe~stcr~yf~r~fthewes~abuunent of said dam; Thence N 59° ~ 5~ ~4~~ E~ 292~54 feet~ a~~n~ the ~rest ~f s~~d dam~ t~ ~he p~~~t ~f endin~~ bein~ fne s~uth~eger~y fitre of the ~ abutment of said darn The crest of said dam is 2.75 feet southeasterly of and parallel to ~ho oentutine of a walk-v~ ~ th~ dan~ Blm'ings are Nferred i}ora the ~stllno of First Av~uo as ~ing N 01· 02' 00" W, ~ alsum~ iu i.lvlous ~ Dislances are In f~ and d~lmais thereof. DFJCRII~TION OF TRACT NO. 3 Easements rights to a 20 fool wide access road: As pla~ted, and recorded ,Tanus~y 25, 1945, Book 4, Page 47 As assigned October 31, 1969, Book 344, Page 76 As recorded and d~'n'bed December 5, 1969 in Book 180, Pa~e 19. POINT OF BEGINNIN TRACT No. 1 llB. 00f EXhtbit S84'05'31 'E 6.0Oft NO5'54'29"E POINT OF N30'4.4'56"W BEGINNING 18.35ft CREST of DAM S05'54'29"W S30'44-'56"E .,,,- 26.35ft )4"w 6.0Oft ~"W lO.OOft S59'15'04"W 20.51 ft S30'44'56"E 46.4.0ft 46.69ft N59'15'04-"E 15.¢2ft POINT OF BEGINNING TRACT No. 2 Scale 1" = 100 ft V SOUTHEAST CORNER-~ SECTION 5 T79 N R6W 5th P,M, N89qJ4'42"W - 1686,5,0ft N89'34'42"W- 1686,50ft City's Acknowledgement STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 1995, before .me, , a Notary Public in and for the Sta ~ of Iowa, personally appeared an M. Horowitz and Marjan K. Karr, to me personally k~own, and who, being by me duly sworn, id say that they are the Mayor and City Clerk, i~spectively, of the City of author ty of ts City ~b,~ ncil, as contained in (Resolutior passed (the Resolution adopted) by th~:ity Council, under Roll Call No of the City Council on the day of \ ,1995, and : Susan M. Horowitz and Marjan K. Karr acknowledged the exe~ tion of the inst ~ their voluntary act and deed and the voluntary act and deed of ;hu~ corporation, by it w executed. in and for the State of Iowa County's 'Ac dgement STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of appeared Charles Duffy and Tom SIc duly sworn, did say that respectively, of Johnson County, corporate seal of the corporation, of the corporation, by authority of by the Board of Supervisors on Charles Duffy and Tom voluntary act and deed and the executed. , 1995, b fore me, Public in and for the te of .iowa, personally t, to me personally known, nd who, being by me that the instrument was signed and sealed on behalf ; Board of Supervisors, as contained in a motion approved day of , 1995, and that acknowledged the execution of the instrument to be their y act and deed of the corporation, by it voluntarily Notary Public in and for the State of Iowa -5- Conservation Board's Acknowledgement STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 1995, J~fore me, , a Notary Public in and for h~ State of Iowa, personally ;~::~:~y known. and ~ be,n9 by me dul;:~or., did s~ha, ,hey are the ' ,o .,~. and ~ of ~e Conservation Board, respectively, of Johnson County, Iowa; seal affixed to theregoing instrument is the corporate seal of the corporation, and corporation, by authority of its the Board of Supervisors on the __ and execution of the instrument to be the of the corporation, by it voluntarily instrument ~sas signed and sealed on behalf of the' Superviso , as contained in a motion approved by , 1995, and that acknowledged the act and deed and the voluntary act and deed Notary in and for the State of Iowa Apdl 25, 1996 CITY OF I0 WA CITY J. Patrick White Johnson County Attomey Johnson County Courthouse Iowa City, IA 52240 Re: Transfer of Ownership of Iowa River Power Dam; Iowa City Water Supply and Treatment Facilities Project Dear Pat: On February 2, 1996, the City Clerk forwarded the fully executed agreement between the City of Iowa City and Johnson County for transfer of ownership of the Iowa River Power Dam. We chatted briefly about this agreement, and you noted that there were some delays. I note that the County has authority to transfer such ownership to the City. by reason of a resolution passed by the County Board of Supervisors in February 1996. I would appreciate your. looking into this. or having someone in your office look into it - so that we may consummate transfer of ownership of the Iowa River Power Dam. We will be doing work in that area within a few months. Thanks for all your help, and I remain Cordially yours, City Attorney CC: Chuck Schmadeke, Public Works Director Acquisition File City Clerk Eleanor Dilkes. Assistant City Attorney, FYI 410 EAST WASHINOTON STREET elOWA CITY. IOWA/2240-18;}6e(319] 3~6-S000o FAX {3lg) 3Sb-S009 RESOLUTION NO. 96-16 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO ENTER INTO A JOINT PARTICIPATION AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR TRANSIT CAPITAL FUNDING FROM THE FEDERAL TRANSIT ADMINISTRATION UNDER 49 U.S.C. {i5309 WHEREAS, the City of Iowa City has undertaken to provide its residents with a public transit system; and WHEREAS, a regular program of transit capital equipment replacement is necessary to ensure the provision of public transit service; and WHEREAS, Federal Transit Act Section 5309 capital funds are not available in sufficient amounts for transit capital purchases which are required in FY96. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The City Manager is authorized to act as signatory on behalf of the City on all joint participation agreement documents with the Iowa DOT for capital transit funding under 49 U.S.C. §5309, as herein contemplated. The City Manager is authorized to sign all necessary contract documents, when funds are made available, for the purchase of five transit coaches from the Gillig Corporation, as herein contemplated. Passed and approved this 16th day of Januar,v ,1996. ATTEST:~ MAYOR Approved by: ~TORNEY'S OFFICE/,/,2- It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: jccogtp~,jpaic.res Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be RESOLUTION NO. 96-17 A RESOLUTION AUTHORIZING AND APPROVING $'i27,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) FUNDING FOR A PROJECT TO PROVIDE HOUSING FOR WORKING PERSONS LIVING ALONE (SINGLE ROOM OCCUPANCY HOUSING). WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended and HOME Investment Partnerships (HOME) funds under Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990 (P.L. 'i01-625), as amended; and WHEREAS, on January 4, 1996, the Housing and Community Development Commission recommended the reallocation of $42,000 in FY95 CDBG and $85,000 in FY95 HOME funds for the acquisition of a building to be used for single room occupancy housing for working, low income individuals transitioning into self-sufficiency; and WHEREAS. the project addresses the housing needs of low income persons, in particular homeless and near homeless persons, and helps achieve the goals for affordable and supportive housing set forth in CITY STEPS. Iowa City's Consolidated Plan for 1995-2000; and WHEREAS, the City Council finds that the reallocation of FY95 funds and approval of this project is an essential part of the CITY STEPS Plan and will serve the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA, that The reallocation of $42,000 in FY95 CDBG and $85,000 in FY95 HOME funds for the provision of single room occupancy housing is hereby authorized and approved. Passed and approved this 16th day of January .1996. ATTEST: C~ ~' ~ pp~cd~}%sro res MAYOR Approved by ResolUtion No, Page .,.2 96-17 It was moved by ~:,,~h and seconded by ~.t~ adopted, and upon roll cai:~there were: the Resolution be AYES: NAYS: ABSENT: X X X x x Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Ic wa City MEMORANDUM Date: January 12, 1996 To: City Council and City Manager From: ~ Marianne Milkman, Community Development Coordinator Re: Reallocation of FY95 HOME and Associated Funds Background In FY95 the City received 9500,000 in HOME Investment Partnership Funds through the U.S. Department of Housing and Urban Development (HUD). These funds are intended to increase housing opportunities for low income residents, mainly households below 65% median income. Incidentally, HOME js not an acronym, just the name of the program. HOME funds can be used to provide incentives to develop and support affordable rental and owner-occupied housing through acquisition, new construction and rehabilitation. Downpayment assistance and tenant-based rental assistance are also eligible expenditures. A City is required to set aside 15% of HOME dollars for Community Housing Development Organizations (CHDO). CHDOs are private, non-profit organizations whose purpose is to provide decent housing that is affordable to low and moderate income persons. Iowa City has two certified CHDOs - the Greater Iowa City Housing Fellowship (GICHF) and the Hawkeye Area Community Action Program. Up to 5% of a community's HOME funds can be allocated to CHDOs for operational expenses. Need for Reallocation of FY95 HOME Funds Each annual allocation of HOME funds can be expended over a period of five years, but must be committed with legally binding agreements within two years. If no such commitment of funds is made, the City loses the money, which is reallocated to another community. The deadline for committing FY95 HOME funds is May 1, 1996. In FY95, Burns and Associates (a private, for-profit architect and developer) and the GICHF were allocated 9150,000 in HOME funds and 9150,000 in Community Development Block Grant (CDBG) funds for development of affordable rental housing for low income households. The partnership made great efforts over the past 18 months to develop an acceptable project, but came up empty-handed for a variety of reasons, As a result, in November 1995, staff proposed three alternatives for use of the 9150,000 of HOME funds, which must be committed by this May. The Housing and Community Development Commission (HCDC) recommended and the City Council concurred, that staff pursue a project to provide Single Room Occupancy (SRO) housing for working persons living alone. A description of this project is provided later in this memo. CHDO Set Aside Since the GiCHF was no longer going to be the recipient of FY95 HOME funds, staff reviewed options for use of the 15% set aside required for these funds. For FY95 this set aside is 975,O00. To date, 935,000 of the set aside has been expended by HACAP which purchased two mobile homes for use in its Transitional Housing Program. There is another 940,000 in FY95 HOME funds that must be allocated to a CHDO for a housing project. Our two CHDOs (HACAP and GICHF) were asked to submit proposals for the commitment of these funds. Only GICHF submitted a proposal which is discussed later in this memo. HACAP decided not to submit a proposal due to the tight time constraints for the commitment of these funds. CHDO Operating Funds In addition, we have had requests from the two CHDOs (GICHF and HACAP) for operational funding. Since funding sources for CHDOs (administrative fees and rental income) can be erratic, depending upon the status of various projects and the number of units managed by the CHDO, the HOME regulations allow cities to use some of the funds to assist with operational expenses and capacity building. Iowa City has not specifically reserved funding for this activity; however, HUD allows us to use up to 5% of our annual HOME funds for CHDO operational expenses. In short, 945,000 (f~25,000 from FY95 and 920,000 from FY96) could be used for CHDO operational expenses. Enclosed in this packet are proposals from GICHF and HACAP requesting such funds. HOME Match One other requirement of the HOME progrant is that the City must provide a 25% match fnr the federal funds. For the 9150,000 in FY95 HOME funds being reallocated, this amounts to 937,500. The match must be from non-federal funds and the money must be used for an affordable housing project eligible for HOME funding, but not necessarily the specific project being funded. Last year the City provided money from the general fund for the two owner- occupied affordable homes at 1109 5th Avenue and 451 Rundell Street. These monies more than cover the required match. The rest of this memo describes the three projects which have been recommended by the Housing and Community Development Commission to the Council for use of the $150,000 of FY95 HONIE funds (some CDBG and FY96 HONIE funds have been added as necessary), These projects are: Single Room Occupancy (SRO) Housing for Working Persons Living Alone: ~85,000 FY95 HOME + $42,000 FY95 CDBG = (~127,000 Greater Iowa City Housing Fellowship (GICHF) Affordable Rental Housing Acquisition $40,000 FY95 HONIE Operational Funding for HACAP and GICHF: $25,000 FY95 HONIE + $20,000 FY96 HONIE = $45,000 SRO Housin~l for Workinq Persons Livinq Alone - $127,000 CITY STEPS, Iowa City's Consolidated Plan for Housing, Jobs and Services for low income residents, identified the lack of housing affordable to single persons as a major gap in the "continuum of care" for homeless persons, Many individuals in the Emergency Housing Shelter have jobs, but since these jobs are usually part-time and at minimum wage, these individuals cannot afford to rent a room at approximately $250 a month. Single persons (other than persons who are elderly or have a disability) are not eligible for Section 8 housing assistance under Iowa City's program. It is also clear that most persons transitioning out of homelessness need both housing assistance and supportive services to help them become self sufficient. In FY96 $100,OOO of HOME funds was allocated to a potential SRO project with the proviso that details of how such a project would operate must be fleshed out. The City's proposal raised interest in the private sector, and for the past six months staff has been working with Pat Jordan, Director of the Emergency Housing Project and Theresa Kopatich and Lynn Detweiler, owners of D&K Properties, on this project. D&K identified a 9-bedroom existing rooming house near downtown and have been working with the staff on an agreement that details management, financing, rent structure, support services and the affordability period. The plan is to provide t, 125,000 in FY95 HOME and CDBG funds (formerly allocated to the Burns/GICHF project) for acquisition of the property. Five of the nine rooms will be set aside for 15 years for working persons living alone with preference given to homeless persons. Rents for the five rooms will start at approximately 9125 a month. The entire building will qualify as affordable rental housing and no rents will exceed the HUD established Fair Market Rents which are currently $233 per month. Occupancy is expected in March 1996. D&K Properties will be able to keep the rents low because the 9125,O00 provided up front greatly reduces their debt service payments over a period of 15 years. Even so, the cash flow is very tight on this property, but D&K Properties plan to provide many services such as snow removal, mowing, interior and exterior repairs, etc. themselves. (Mr. Detweiler also owns a construction business.) Persons renting the five rooms will receive supportive services and will be required to follow a personal action plan which will help them to become self-sufficient. Once their income reaches a level where they can afford a market rate room, they will be required to find other accommodations to make room for other homeless persons. A separate memo from Steve Long to the Housing and Community Development Commission explains the supportive service component of the program. As the memo states an additional 92,000 will be required to fund the supportive services from March I - June 30, 1996. Programming and continued funding of such services over a period of years is currently being developed by a group of homeless shelter and supportive service providers. 4 Staff and HCDC recommend funding for this project as follows: Activity Acquisition of properties Funding Source Amount Total FY95 HOME $85,000 $125,000 FY95 CDBG $40,000 Supportive SeNices FY95 CDBG $2.000 2,000 $127.000 We view this project as a pilot project which, if successful, could be used to provide additional SRO housing to help individuals to become self-sufficient. 2. Greater Iowa City Housing Fellowshil~ Affordable Rental Housing AcQuisition - t/40,000 On January 4, 1995 the GICHF submitted a proposal to the Housing and Community Development Commission (HCDC) for use of $40,000 in FY95 HOME funds to acquire two existing homes for affordable rental housing. The proposal is included with this memo. At the HCDC meeting, GICHF provided additional information on two units for which they had accepted purchase agreements. One unit is a two bedroom condominium at $50,000 on the west side of town, the other is a four bedroom single- family home at $90,000 on the east side north of Highway 6. GICHF estimates the total cost for both units including minor rehabilitation will be $143,O50. Other funding for the project will be a conventional mortgage from one or more local lenders. As with all of the Fellowship's properties, the units will be rented at or below fair market rent until the debt is retired. After that rents are set to cover operating and reserve replacement costs. The units are intended to continue as affordable rental housing in perpetuity. HCDC has recommended approval of this project which will permit the City to commit the remaining 840,000 of its FY95 HOME set aside for Community Housing Development Organizations (CHDO). Operational Funding for HACAP and GICHF - 845,000 Proposals from both organizations are attached to this memo. One of the biggest problems for CHDOs is ensuring a constant stream of funding for operational expenses. Until a CHDO owns and/or operates 80-1OO units the income stream from its units is insufficient to cover operational expenses. In the past three years, GICHF has received administrative funds for the development of additional affordable rental housing units. These administrative funds provided part of the organization's operating funds. Because GICHF (in conjunction with Burns and Associates) have been unable to acquire a suitable site for development of traditional affordable rental housing units, their operational funds for the 1996 calendar year are severely reduced. GICHF requested $39,500 and HDCD has recommended allocating 835,000 in FY95 and FY96 HOME funds to assist GICHF with operating expenses. HACAP's operational funding needs resulted because all but four units of the Broadway Public Housing units were vacant at the time of purchase in December. HACAP had anticipated that many of the units would have public housing tenants who would remain in place, and would slowly be replaced with graduates of Phase I of HACAP's transitional housing program. Because so many units are empty, many will be filled 5 with families entering the transitional housing program and requiring considerably more counseling time than anticipated. HACAP requested f~ 18, 171 for operational expenses and 94,800 for lot rent for the new mobile home units in its program. The latter expense is ineligible. HCDC recommended $10,000 of FY96 HOME funds to assist HACAP with expenses for the additional counseling. Staff Recommendation While the HCDC felt that the GICHF had demonstrated a greater need in their proposal than HACAP, staff feels that a more equitable distribution of funds is appropriate. It is vital that adequate supportive services be provided to transitional housing families in order to help them become self-sufficient. Also we feel that it is important that GICHF not depend solely on the City's federal allocation to meet the shortfall in its operating budget. The staff recommends allocating (;30,000 to GICHF and ,~15,000 to HACAP. We will be discussing these items at your informal Council meeting on January 15, 1996. If you have questions prior to the meeting, please call me at 356-5244. ppdcdbg',homefnds,mrno Date: City of Iowa City MEMORANDUM December 28, 1995 To: From: Re: Housing and Community Development Commission Steve Long, Associate Plann~,/ Supportive Services for SRO Housing Project As you know, it often takes time for a person who is homeless to become independent and the process involves much more than housing assistance. For this reason, the provision of supportive services is an important element to the success of any "transitional" housing project, The proposed SRO housing project will require a supportive services component. Below is a summary of the proposed services that will be offered to this project, initially coordinated through the Emergency Housing Project's Early Bird Program. The Early Bird Program will provide supportive services with a hands-on approach. A coordinator will work with the residents in the pursuit of their goals, and through weekly meetings they will examine the individual's work, housing and medical situations, working together to develop a plan to access the appropriate community services. In some cases the residents may already be tied into existing community services; in those cases the coordinator will work with the appropriate case worker to determine a personal action plan. Early Bird will strive to assist the client in an esteem-building environment that suppods the achievement of stable housing and employment. In general, the first meeting will provide the opportunity to outline personal goals. The coordinator will then collaborate with the individual to examine the feasibility of the proposed goals and develop a personal action plan that consists of specific steps which move toward fulfillment of the goals. During this first meeting, appropriate service referrals will be made by the coordinator, and the responsibilities of both resident and coordinator will be agreed upon. Subsequent appointments will track the individual's progress according to his or her personal action plan. Necessary modifications and further goals will be proposed. The coordinator will document the progress of each case by logging the results of each meeting. The frequency of the resident's Early Bird meetings will depend on their level of need and the complexity of their personal plan. Some examples of initial topics that arise include budgeting, job skills, general living skills, and coping skills. Although these assessments and subsequent follow-up appointments take a considerable amount of time and commitment by both the coordinator and resident, it is a proven and successful element of a project such as the one being proposed. Although we realize that this is an important element, keep in mind that the funds needed for supportive services are separate from the acquisition costs and fall under the very competitive and limited CDBG Public Service cap. The homeless shelter and supportive service providera are currently working on an extension of the Early Bird Program to provide supportive services to persons leaving the shelters or a near homeless situation. If funded, this program could be in place by July 1, 1996. In the interim (March 1 - June 30, 1996) we are proposing an allocation of $2,000 in FY95 CDBG funds to provide supportive services. bC4*SSL RESOLUTION NO. 96-18 A RESOLUTION AUTHORIZING AND APPROVING $40,000 IN FY96 HOME INVESTMENT PARTNERSHIPS (HOME) FUNDING FOR THE GREATER IOWA CITY HOUSING FELLOWSHIP TO ACQUIRE TWO UNITS FOR AFFORDABLE RENTAL HOUSING FOR LOW INCOME HOUSEHOLDS. WHEREAS, the City of Iowa City is the recipient of HOME Investment Partnerships (HOME) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title II of the Cranston-Gonzalez National Affordable Housing Act of t990 (P.L. t0i-625), as amended; and WHEREAS, on January 4, 1996, the Housing and Community Development Commission (HCDC) recommended the reallocation of $40,000 in FY95 HOME funds to the Greater Iowa City Housing Fellowship for the acquisition of two existing homes to be used for affordable rental housing for low income households; and WHEREAS, Greater Iowa City Housing Fellowship is a non-profit housing organization certified as a Community Housing Development Organization to provide affordable housing opportunities for low income residents; and WHEREAS, the project addresses the housing needs of low income households and helps achieve the goals for affordable housing set forth in CITY STEPS, Iowa City's Consolidated Plan for 1995-2000; and WHEREAS, the City Council finds that the reallocation of FY95 HOME funds and approval of this project is an essential part of the CITY STEPS Plan and; WHEREAS, the reallocation of funds to the Greater Iowa City Housing Fellowship will complete the City's required set-aside for Community Housing Development Organizations as required by the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that The reallocation of $40,000 of FY95 HOME funds to the Greater Iowa City Housing Fellowship for the acquisition of two existing homes to be used for affordable rental housing is hereby authorized and approved. Passed and approved this 16th day of January ,1996. ATTEST:Ci~~ ~' MAYOR Approved by Fiesolution No. 96-18 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x X X X Baker Kubby Lehman Norton Novick Thornberry Vandarhoef Greater Iowa City Housing Fellowship ~pem'n~ doo~' ti~r louz income Janlilies- DATE: TO: FROM: RE: December 19, 1995 The Iowa City Housing and Community Development Commission Maryann Dennis, Administrator Request for HOME Funds Greater Iowa City Housing Fellowship (GICHF) is requesting $40,000 of City of Iowa City CHDO HOME funds to acquire property to use as affordable rental housing. Additional funding for the total project cost will be permanent long term debt from a consortium of local lenders. City of Iowa City HOME funds will fill the gap between long term debt financing and the total project cost. An investment analysis is attached. The project costs are based on the acquisition of a two bedroom condominium at a purchase price of $50,000 and a three bedroom single family home at a purchase price of $75,000. These prices are based on the current MLS and information provided by a local realtor. Rental income is based on local Fair Market Rents with allowances for tenant utility payments. Rehabilitation costs have been included as a safe guard. Properties will be inspected by a professional, certified by the American Society of Home Inspectors as part of any purchase agreement and as a means to prepare rehabilitation work lists. The units will meet HUD Section 8 Existing Housing Quality Standards and comply with the Construction and Rehabilitation Specifications as outlined by the Iowa City Department of Planning and Community Development, February, 1995. Volunteer labor will be utilized as much as possible to complete needed rehabilitation. This project fits with the priorities outlined in City STEPS, Iowa City's Consolidated Plan for Housing, Jobs, and Services for Low-Income Residents. The project aims at providing additional units of affordable rental housing at scattered sites to very low-income families. It specifically addresses the needs of renters burdened by housing costs and of households with current HUD Section 8 rental certificates who have been unable to locate decent rental housing. In the Iowa City area. housing that is affordable is a primary concern. According to City STEPS, rental costs in this area are very high due to the number of students attending the University of Iowa. Very low vacancy rates fuel the increasing cost of rental housing. Simply stated, demand exceeds supply. Further, of Iowa City households with incomes at or below 30% of MFI, 82% are cost-burdened. Many of the female heads of households with children are within the small family (those with two to four related persons) renter group. Female-headed households with children younger than 18 have a 45% poverty rate. Since its beginning in 1991, the GICHF has received more than $1,300,000 in grants and loans to develop affordable rental housing. Over the past three years, GICHF has acquired and rehabilitated or constructed 18 units of affordable rental housing. GICHF owns and manages the units, all of which are occupied by very low-income households. Below is a listing of past funding and sources for the Housing Fellowship. All of the properties owned and managed by the Housing Fellowship have been financed in part with loans from a consortium of seven local private financial institutions. Year Source Recipient Amount Form 1991 CDBG G1CHF 6,000 loan 1991 CDBG GICHF 6,000 grant 1992 CDBG GICHF 16,640 loan 1992 CDBG GICHF 26,660 grant 1992 IA HOME GICHF 200,000 grant 1992 IA HOME GICHF 125,000 loan 1993 CDBG GICHF 75,000 grant 1994 CDBG GICHF 8,000 grant These projects have had a significant impact in our community. To date, GICHF has housed 87 people of which 56 are children. Of these 87 people, 41 were 2 over-occupying previous housing, having extreme difficulty finding housing or homeless. All GICHF tenants receive Section 8 rental assistance. Household characteristics of GICHF tenants as of December 1, 1995 include: 89% are headed by single mothers 61% of heads of households are employed 17% of heads of households are full-time college students 17% of heads of households are elderly or disabled. The average annual household income of current tenants is $12,251 with households ranging in size from one to six. The 1995 vacancy rate of GICHF rental units was 2%. GICHF operates under a policy which will increase the stock of affordable housing. Under this policy, after debt retirement on the Housing Fellowship's rental units, rents are set at operating and replacement reserve costs. The rental amount then will be within the affordable range of many very low-income households without rental assistance payments. The Housing Fellowship maintains rent levels no higher than the local FMR thereby increasing the accessibility of housing to very low-income households by making Housing Fellowship rental units eligible as Section 8 housing. 3 FIRST Your Fltture F 1 R S T January4, 1996 Mary Ann Dennis The Greater Iowa City Housing Fellowship P.O. Box 1402 Iowa City, IA 52244-1402 Dear Mary Ann: This will confirm First National Bank's interest is assisting The Greater Iowa City Housing Fellowship with their project to purchase a eondo unit and a single family residence. The amount requested would be acceptable to us, given proper appraisals and documemation. If appropriate, we would also be happy to be the lead bank in a consortlure of lenders. If you should need any additional information, please do not hesitate to contact me at 356- 9058. Sincerely, Paula Commercial Banker 204 E- WASHINGTON P.O BOX 1880 IOWA CITY. IOWA 52244-1880 (319] 356-9000 FAX (319) 356-9002 LEPIC ROEGER KREALTORS 500 S. Dubuque ® Iowa City, IA 52240 · (319)351-8811 December 18, 1995 Iowa City Housing and Community Development Commission Civic Center 410 E. Washington Iowa City, Iowa 52240 Dear Commissioners: I have been working with Greater Iowa City Fellowship to identify a three or four bedroom house and a two bedroom condominium for use as rental units in their affordable housing program. I am sure that suitable properties can be located in well-established neighborhoods and will offer a nice living situation for families. Other considerations in our search include a location that is north of Highway 6 at a reasonable cost. I am supportive of the efforts of Greater Iowa City Housing Fellowship to provide decent housing for low income families in our community. Sincerely, ~ ~- l~,& Kevin M. Hanick KH:sb .: 3 RESOLUTION NO. 96-19 A RESOLUTION AUTHORIZING AND APPROVING $26,000 IN FY95 AND $5,000 IN FY96 HOME INVESTMENT PARTNERSHIPS (HOME) FUNDING FOR THE GREATER IOWA CITY HOUSING FELLOWSHIP AND $10,000 IN FY96 HOME FUNDING FOR THE HAWKEYE AREA COMMUNITY ACTION PROGRAM FOR OPERATIONAL EXPENSES. WHEREAS, the City of Iowa City is the recipient of HOME Investment Partnerships (HOME) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990 (P.L. '10t-625), as amended; and WHEREAS, on January 4. 1996, the Housing and Community Development Commission (HCDC) recommended the reallocation of $45,000 in FY95 and FY96 HOME funds for the provision of $35,000 of operational expenses to the Greater Iowa City Housing Fellowship and $10.000 of operational expenses to the Hawkeye Area Community Action Program; and WHEREAS, these Community Housing Development Organizations develop. own, and sponsor housing projects for low income households; and WHEREAS, the Community Housing Development Organizations are an important element in implementing the City's goals for affordable housing set forth in CITY STEPS, Iowa City's Consolidated Plan for 1995-2000; and WHEREAS, the City Council finds that the use of FY95 and FY96 HOME funds for the operational expenses of these Community Housing Development Organizations is necessary to insure the continued success of these organizations and; WHEREAS, the allocation of funds to the Greater Iowa City Housing Fellowship and Hawkeye Area Community Action Program will serve the public interest; and WHEREAS, the Iowa City City Council did amend the recommendation of the Housing and Community Development Commission at their formal meeting on January 16, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that The use of $25,000 in FY95 and $5,000 in FY96 HOME funds for operational expenses for the Greater Iowa City Housing Fellowship and $10,000 in FY96 HOME funds for operational expenses for the Hawkeye Area Community Action Program is hereby authodzed and approved. Passed and approved this 16f-h day of T..,,ery ,1996. ATTEST:~i~C~-'z~ER -~ I K cdbg~g[chf,res MAYOR Approved by Resoution No. Page 2 96-19 It was moved by Baker and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: ABSTAIN: ..X X X X X Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef I RESOLUTION NO. A RESOLUTION AUTHORIZING AND APPROVING $25,000 IN FY95 AND $'10,000 IN FY96 HOME INVESTMENT PARTNERSHIPS (HOME) FUNDING FOR THE GREATER IOWA CITY HOUSING FELLOWSHIP AND $i0,000 IN FY96 HOME FUNDING FOR THE HAWKEYE AREA COMMUNITY ACTION PROGRAM FOR OPERATIONAL EXPENSES. WHEREAS, the City of Iowa City is the recipient of HOME Investment Partnerships (HOME) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title II of the National Affordable Housing Act of 1990 (P.L t01-625), as amended; and WHEREAS, on (HCDC) recc provision of $35,000 $10,000 of operational 4, 1996, the Housing and Commul the reallocation of $45,000 in FY95 to the Greater 1, ~enses to the Hawkeye Area Co Development Commission FY96 HOME funds for the City Housing Fellowship and Action Program; and WHEREAS, housing projects for low .Housing households; and WHEREAS, the Community Ho= ing Development implementing the City's goals rdable Consolidated Plan for 1995-2000;nd 3, own, and sponsor are an important element in set forth in CITY STEPS, Iowa City's WHEREAS, the City Council operational expenses of these to insure the continued success of of FY95 and FY96 HOME funds for the Development Organizations is necessary and; WHEREAS, the allocation of funds to tl Iowa City Housing Fellowship and Hawkeye Area Community Action Prog ~e public interest. NOW, THEREFORE, BE IT RES VED BY T E CITY COUNCIL OF THE CiTY OF IOWA CITY. IOWA, that 1 The use of $25,000 i FY95 and $10,00 in FY96 HOME funds for operational expenses for the Greter Iowa City Housing Ilowship and $10,000 in FY96 HOME funds for operationa expenses for the Hawkey Area Community Action Program is hereby authorized nd approved. Passed and approved day of , 1996. ATTEST: CITY CLERK cdlxJ~gichf tes MAYOR Approved~b\ DATE: TO: FROM: RE: Greater Iowa City Housing Fellowship -opening doors for low income families- P.O. Box 1402 Iowa City, IA 52244 319-358-9212 December 19, 1995 The Iowa City Housing and Community Development Commission Maryann Dennis, Administrator Request for CHDO Operating Funds from the HOME Program Greater Iowa City Housing Fellowship (GICHF) is requesting $39,500 of HOME funds from the City of Iowa City for operating expenses. This amount is 50% of the projected operating budget for 1996. GICHF has an immediate need for these funds to meet administrative expenses for calendar year 1996. A budget is attached. As a designated CHDO, GICHF is the only non-profit organization devoted solely to providing permanent, safe, decent affordable rental housing in Johnson County. GICHF currently has fifteen member congregations and representatives from four local human service agencies that select the Board of Trustees. This CHDO has greatly increased its capacity over the past three years. GICHF has employed a full-time administrator since May of 1993 and a full-time Compliance Manager joined staff in July of 1995. The administrative staff of GICHF has included more than a 1.0 FTE position since May, 1993, as GICHF participated in the local VISTA grant at no cost to GICHF. VISTA volunteers worked at GICHF on a full-time basis from 1992 until 1995. During 1994 and part of 1995, 1.5 FTE VISTA positions were assigned to GICHF. Since its beginning in 1991, the GICHF has received more than $1,300,000 in grants and loans to develop affordable rental housing. Over the past three years, GICHF has acquired and rehabilitated or constructed 18 units of affordable rental housing. GICHF owns and manages the units, all of which are occupied by very low-income households. Below is a listing of past the properties owned and in part with loans from a funding and sources for the Housing Fellowship. All of managed by the Housing Fellowship have been financed consortlure of seven local private financial institutions. Year Source Recipient Amount Form 1991 CDBG GICHF 6,000 loan 1991 CDBG GICHF 6,000 grant 1992 CDBG GICHF 16,640 loan 1992 CDBG GICHF 26,660 grant 1992 IA HOME GICbIF 200,000 grant 1992 IA HOME GICHF 125,000 loan 1993 CDBG GICHF 75,000 grant 1994 CDBG GICHF 8,000 grant These projects have had a significant impact in our community. To date, GICHF has housed 87 people of which 56 are children. Of these 87 people, 41 were over-occupying previous housing, having extreme difficulty finding housing or homeless. All GICHF tenants receive Section 8 rental assistance. The 1995 vacancy rate of GICHF rental units was 2%. Household characteristics of GICHF tenants as of December 1, 1995 include: 89% are headed by single mothers 61% of heads of households are employed 17% of heads of households are full-time college students 17% of heads of households are elderly or disabled. The average annual household income of current tenants is $12,251 with households ranging in size from one to six. GICHF operates under a policy which will increase the stock of affordable housing. Under this policy, after debt retirement on the Housing Fellowship's rental units, rents are set at operating and replacement reserve costs. The rental amount then will be within the affordable range of many very low-income households without rental assistance payments. The Housing Fellowship maintains rent levels no higher than the local FMR thereby increasing the accessibility of housing to very low-income households by making Housing Fellowship rental units eligible as Section 8 housing. GICHF, in partnership with a local, for-profit developer has been allocated City CDBG and HOME funds for two consecutive years to acquire land and construct affordable housing. The Limited Parmership has been unable to commit these funds due to the inability to acquire a suitable site which accommodates the criteria of local government, City Staff and neighboring households. The lack of prope~y zoned, developable land and adverse community attitudes have severely delayed the growth plan of GICHF. Future plans are focused on increasing the number of rental units owned and managed by GICHF. It is anticipated that as the number of units increases, the need for external funding for operations will decrease. This has always been the long term fiscal plan for the organization. Between 80 and 100 rental units are needed in order for GICHF to be a self-supporting CHDO. Thus far, the Housing Fellowship has not reached that point. 3 GICHF Administrative Income and Expenditures C88h Irlflow8 Income from Housing Operations Less Applicable Operating Expenses Maintenance & Repairs Capital Improvements Utilihea Insurance (Liability & Property) Property Taxes Rental Permits Mortgage Interest & Principle Net Income from Housing Operations Other Sources United Way of Johnson County State HOME Administration Iowa City HOME United Way Designated Giving Other Contributions Road Races Fund Raising Interest Income Beginning Cash Balance TOTAL Actual 1995 Projected 1996 $119,590 $121,391 114.035 107.920 24,900 18,000 9.311 5.000 3,485 4.320 3,409 3,432 4,206 4,900 1,044 250 67,680 72.018 $5,555 $13,470 62,734 26.909 4,575 8.500 15,182 0 0 0 428 500 8,500 6,500 685 1,000 950 2,000 400 400 32,014 8,009 $68,289 $40,379 Cash Outflows Salanss Employee Benefits & Taxes Staff Development Bookkeeping Services Publications & Subscriptmns Dues & Memberships Rent Office Utilities Telephone Supphes & Postage Eclu~pment Purchase Equipment/Office Maintenance Prmbng & Publicdy Local Transportation insurance (Bonding) Insurance(Workers Comp) Audit Fundraising Other Expenses/Supplies TOTAL Ending Cash Balance (Deficit) $33,250 6.629 400 3.533 250 293 5.400 784 983 1.979 628 221 807 838 780 267 2.385 304 549 $48,00~' 8,218 700 4.000 150 300 5,580 840 1,080 2.040 1.200 250 1,320 1,000 780 245 2.400 500 500 $60.280 $79.103 $8,559 {$38,724) A HELP UP, NOT A HAND OUT P.O. Box 789 Cedar Rapids, Iowa 52406 (3193 366-7631 Date: To: From: 8ubj~t: 12119/95 Steve Naaby and the Housing and Community Development Commission Don Menlccla Lod Hlgglns, Johnson County Housing Director FYe5 HOME CHDO Set-Bide funds HACAP would like to respond to your-notice about FY95 HOME CHDO Set- aside funds that are available for operational expenseS. HACAP is pleased to have been able to e~4~and ita transitional housing program in Iowa City during 1995 from 8 to 28 units of supportive housing to homeless families. The priority need level for transitional housing continues to ba a high need as identified in the Iowa City Consolidated Plan fat Ig95. For the past 6 years we have operated our transitional housing program under grants issued by HUD. Our major housing grant Is up for renewal on Deeember 31, legs. The current inctebility of federal funding fortransitlonal housing has put budget planning in a state of uncertainty. At this time It Is still not apparent whether future funding wilt be available. If available, I~ may come timugh individual grants or through block granUng. If it Is thraugll blOCk granting it may follow either the CDBG or ESQ lines of distribution. If funding comes through either format of blOc~ grants. It will most liltely be very diffiGuit to reconstruct the level of funds we have had available to provide supportive services. Operational funds am needed to continue tO provide fie level of suppo~ve services in transitional housing. During the past yaer we were able to add two new manufactured homes In a local mobile home park. Lot rents have increased during the year to $200 per lot We are requesting $4800 to cover the cost of one year of lot rents for the two new homes. An Equal Oppa~umly Alehey i1AWI~Y,~ AKr, A LUMMUN I I Y At.., 110N'I"IXOf~RAM Member A~cncy of th~ Unlt~l w~ A major component of transitional housing involves meeting on a regular t)a$1s with a family develOpmere counselor. The eighteen units recently acqulmd on Broadway Street for TH are hearty empty. With this higher ~an expected vacancy rate at start up, we will need to fill unlbs with families that ere not necessarily houalng graduates. This wifi involve more counseling ~jme for ~te flintyearthen we h~d anticipated. Operetiorml funds are needed to aSsure fiat the level of family development sen/Ice Is-malntalned throughout this naxt ~fear. Costs associated with ~e postdon Include: Family Supped Counselor Salary Paid Releaea (t8%) Frfnge Benefits (25%) Indirect Costs (27fo) Total 6taft F..xpense Lot Rent expense $10,816 $ 1,731 $ 2,704 $ 2,820 $18,171 _ ( $4,800 Total CHDO Request $22,971 Thank you for considering our pmposaJ as you make your deals|on In how best to use thls money tO serve families with the highest of needs.