HomeMy WebLinkAbout1996-05-07 ResolutionPrepared by: Dan Scott, Civil Engineer, 410 E. Washington St.. Iowa City, IA 52240; 319-356-5144
RESOLUTION NO. 96-118
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORIVl OF CONTRACT, AND ESTINtATE OF COST FOR CONSTRUCTION OF
THE ABBEY LANE SANITARY SEWER AND KIWANIS PARK STORMWATER
IMPROVEIVlENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
A public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 21st day of
May, 1996, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa.
The City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named proposal in a newspaper published at least once weekly and
having a general circulation in the City, not less than four (4) nor more than twenty
(20) days before said hearing.
A copy of the plans, specifications, form of contract, and estimate of cost of the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 7th day of i~a.y ,1996.
. ATTEST:~
CI~Y'CLERK
MAYOR
Approved by
-%
Resolution No. 96-118
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
· Thornberry
Vanderhoef
Prepared by: Liz Osborne, Program Assistant. 410 E. Washington St., iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 96-119
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION
LOAN FOR THE PROPERTY LOCATED AT 942 IOWA AVENUE, IOWA CITY,
IOWA
WHEREAS, on October 11, 1985, the property owner of 942 Iowa Avenue executed a Rental
Rehabilitation Lien which provided for a 10-year, no-interest Declining Balance Loan in the
amount of 826,100 through the Rental Rehabilitation Program;
WHEREAS, this document created a lien against the property; and
WHEREAS, the terms and conditions of the note expired on April 11, 1996.
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 942 Iowa
Avenue, Iowa City, Iowa, from an obligation of the property owner to pay to the City said
$26,100, and the Rental Rehabilitation Lien, which was recorded in Book 807 Pages 193
through 196 of the Johnson County Recorder's Office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Passed and approved this 7th day of May , 1996.
CITY'CLERK
MAYOR
A~.roved by
City Attorney's Office
Resolution No. 96-119
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
V?.de~hoef the Resolution be
AYES: NAYS: ABSENT:
X
Baker
__ Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Uz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 {319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 942 Iowa Avenue, Iowa City, Iowa,
and legally described as follows:
Commencing at a point on the South line of Lot 3 in Block 4, of J.W. Clark's Addition
to Iowa City, Iowa, according to the recorded plat thereof, on Iowa Avenue directly
South of the West end of the house now situated on said Lot 3, as shown by plat
recorded in Plat Book 3, page 213, Plat records of Johnson County, Iowa, thence East
along the North line of Iowa Avenue 60 1/2 feet, thence North 102 feet, more or less,
thence West 60 1/2 feet, thence South to the place of beginning, together with the
right of way over the West part of said Lot 3, as defined in a decree in the case of
W.H. Wait recorded in Court Record DD, page 47 of the District Court of Johnson
County, Iowa.
from an obligation of the property owner, Simone Delaty, to the City of Iowa City in the
principal amount of 926,100 represented by a Rental Rehabilitation Lien providing for a 10-
year, no-interest Declining Balance Loan, which was recorded on October 17, 1985, in Book
807, Pages 193 through 196 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 propecty by reason of said prior recorded documents.
ATTEST: ~~ CiTY CLERK
MAYOR' [//
A~x~L~)Oved by ~
City Attorney's Office
2
ST,~,T~ OF IOWA )
) SS:
JOHNSON COUNTY )
On this 7'~/t day of 7'rl~ , A.D. 19..~b , before me, the under-
signed, a Notary Public in and for§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 City (;:ouncil, as contained in Resolution No. -.~_6.T_/J~_, adopted by the City
~ ,19 ~)&, and that the said Naomi J.
Council on the 7 '~ day such o~icers acknowle~lge'~.the execution of said instrument
Novick and Marian K. Karr as
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
Prepared by: Sarah E. Holecek. Asst City Arty., 410 E Washington St.. Iowa City. IA 319-356-5030
RESOLUTION NO. 96-120
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A UTILITY AND DRAINAGE EASEMENT LOCATED ON
LOT 7, B.D.I SECOND ADDITION, LOT 9 B.D.I FIFTH ADDITION AND AUDITOR'S
PARCEL B OF THE PLAT OF SURVEY RECORDED IN BOOK 34, PAGE 207, AT
THE JOHNSON COUNTY RECORDER'S OFFICE, AND TO APPROVE AND
EXECUTE A SUBSTITUTED UTILITY AND DRAINAGE EASEMENT AGREEMENT
FOR THE SAME PROPERTY
WHEREAS, the City possesses a twenty foot (20') utility and drainage access easement on Lot
7, B.D.I Second Addition, Lot 9 B.D.I. Fifth Addition, and Auditor's Pamel B of the Plat of
Survey Recorded in Book 34, Page 207, at the Johnson County Recorder's Office, Iowa City,
Iowa; and
WHEREAS, the owner of the subject property, Blooming Prairie Warehouse, Inc., wishes to
expand its warehouse building on the subject property and the proposed expansion includes
building over the current easement area; and
WHEREAS, the owner requested the City release the existing, unused utility and drainage
easement, said utility and drainage easement being shown on the final plat of B.D.I Second
Addition and recorded in Book 19, page 80, said easement area to be released being
designated and legally described on the legal description and plat attached hereto as Exhibits
"A" and "B", respectively, and incorporated by this reference; and
WHEREAS, the owner has agreed to enter into a new, substituted Utility and Drainage
Easement Agreement which is attached hereto and incorporated by reference herein, which
substituted utility and drainage easement is designated on the plat attached hereto as Exhibit
"B" and incorporated herein by this refomnco; and
WHEREAS, Public Works has recommended the release of the existing, unused utility and
drainage easement and the execution of the substituted utility and drainage easement
agreement to accommodate the expanded construction; and
WHEREAS, it is in the public interest to release the existing, unused utility and drainage
easement and to execute the new, substituted Utility and Drainage Easement Agreement for
the subject property.
I S'l
Resolution No. 96-120
Page 2
NOW, rrHEREFORE, 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 drainage
and utility easement and to enter into the new, substituted Utility and Drainage
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 Utility and Drainage Easement described in Exhibit "A" 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 easement sufficient for recordation.
The Mayor is hereby authorized to sign and the City Clerk to attest the attached
Substituted Utility and Drainage 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
"A", the attached release, and the attached Substituted Utility and Drainage Easement
Agreement with its exhibits, said recording costs to be paid by Blooming Praide
Warehouse, Inc.
It was moved by Lehman and seconded by
be adopted, and upon roll call there were:
Vanderhoef the Resolution
AYES: NAYS:
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Passeel and approved this 7t, h day of
1996.
ATTEST: CI~
Prepared by: Sarah E. Holecek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RELEASE OF UTILITY AND DRAINAGE EASEMENT
The City of Iowa City, Iowa, does hereby release the property legally described as "Released
Utility and Drainage Easement" on the legal description attached hereto as Exhibit "A" and as
designated on the Plat attached hereto as Exhibit "B", both of which are incorporated by this
reference, from a lien or cloud upon the title placed thereon by the easement granted to the
City. This easement is originally shown on the Final Plat of B.D.I. Second Addition, Iowa City,
Iowa, and which easement agreement is recorded in Book 34, Page 207 of the records of the
Johnson County Recorder's Office. Said easement as specifically described in Exhibit "A" is
hereby released.
The City retains all other easements shown on said final plat not released by this document.
CITY OF IOWA CITY, IOWA
Naomi ,9. No,.~k, Mayor
Attest: K.'~arr, City Clerk
Marian
STATE OF iOWA )
) SS:
JOHNSON COUNTY )
On this ? ~'~-'day of May, 1996 before me, the undersigned, a Notary Public in nd for
said County, in said State, personally appeared Naor~-~i j. Novick -af'~d 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 Maclan 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
SUBSTITUTED UTILITY AND DRAINAGE EASEMENT AGREEMENT
This Agreement is made by and between Blooming Prairie
Cooperative Warehouse d/b/a Blooming Prairie Warehouse, Inc.
(hereinafter "Owner"), and the City of Iowa City, a municipal
corporation (hereinafter "the City").
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
For the sum of One Dollar and other valuable consideration,
receipt of which is hereby acknowledged, Owner hereby grants and
conveys to the City, drainage and utility easements for purposes of
excavating for and the installation, replacement, maintenance and
use of such drainageways, tile lines, water main, sanitary sewer
lines, pipes, mains and conduits or other public utilities,
including telephone, cablevision and electrical service, as the
City shall from time to time elect for the provision of services
together with all necessary appliances and fittings for use in
connection with said utilities and adequate protection thereof and
also a right-of-way with right of ingress and egress thereto, over
and across the premises legally described as set forth on Exhibit
"A" hereto and designated "Utility and Drainage Easement" on
Exhibit "B" hereto, which exhibits are incorporated herein by this
reference.
Owner further grants to the City the following rights in connection
with the above easements:
1. The right to grade said easement area for the full width
thereof, and the right 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 any of the above utilities, or may
~terf~re with the exercise of the City's rights 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 rights by the City or
its agents or employees in the course of their employment.
The Owner 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 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.
' ~he 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.
Nothing in this Agreement shall be construed to impose a
requirement on the City to install the original public improvements
at issue in this easement. Nor shall the Owner be deemed acting as
the City's agent during the original construction and installation
of said improvements. The pa~es .ag~.~hat the obligation to
n tall the publxc improvement~U6r~l be in accordance wxth
city specifications, and the obligation shall remain on the Owner
until completion, and until acooptod M~ the City, as provided by
The Parties acknowledge that due to topographical features on
the subject easement area, the drainage swale cannot be graded to
a slope consistent with City design specifications, and therefore
nothing in this agreement, nor the City's approval thereof, shall
be construed as a covenant or guarantee by the City of Iowa City
that the substituted easement and drainage swale will provide
adequate drainage for the subject property or other property which
it serves. Further, the City of Iowa City shall have no obligation
to maintain or grade the drainage easement area or to take
affirmative actions to provide drainage upon the subject property.
Owner further agrees that its engineer shall promptly, upon
approval of this Agreement, revise the mylar drawing of BDI, Iowa
City, Iowa, which is on file in the City Engineer's Office to show
the new drainage and utility easement and remove the original
drainage and utility easement released by the City in conjunction
with the execution of this Agreement.
Dated this ~ day of ~/~ , 1996.
CITY OF IOWA CITY, IOWA OWNER
Marian K. Karr, City Clerk
BLOOMING PRAIRIE COOPEP3~TIVE
WAREHOUSE D/B/A BLOOMING
PRAIRIE WAREHOUSE, INC.
BY "/'K. J~esse~in g~er~ an ,/~I es ident
2
City ~ttorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 7 ~ day of . ~ , 199~, before me, the
undersigned, a Notary PLtbllc in~ and for the State of Iowa,
personally appeared Naomi Novak 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 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 Novak and Marian K. Karr
acknowledged that execution of said instrument to be the voluntary
act and deed of said munioipal corporation and by them voluntarily
executed.
Notary Public in and for the State
of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this A~ day of .~.rl I , 1996, before me,
the undersigned, a Notary Pub]ic in and for the State of Iowa,
personally appeared K. Jesse Singenan, to me personally known, ~o
being by me ~ly swo~, did say that she is the President of
Blooming Prairie Cooperative Warehouse ~a Blooming Prairie
Warehouse, Inc., the corporation executing the within and foregoing
instrument, that no seal has been procured by the ~orat~on~ that
said inst~ment was signed on behalf of the corporation by
authority of its Boa~ of Directors; and that the said K. Jesse
Singenan as President acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of said corporation, by
it and by her voluntarily executed.
Notary Public in anchor the State of Iowa
EXHIBIT "A"
DESCRIFrlON
~,~.~ Utility and Drainage ]Basement
A 20ofoot wide Easement on that par~ of Lot 7, B.D/. Second Addition to Iowa City, Iowa
and that part of.Lot 9, B.D.L Fifth Addition ~o Iowa City, Iowa and thai part of AuditoPs
Parcel B of the Plat of Sturvey recorded in Book 34, Page 207 a~ the $ohkson County'
Recorder's Office, as shown on Exhibit 'A' hereto attached-and by this reference made a pan
hereof and being more particularly described as follows:
Commencing as a point of reference at the Northeasterly comer of said Lot 9;
thence South 2T50'30" West 178.00 feet along the Easterly line of said Lot 9 (assumed
beaing for this description only) to an angle point in said Easterly line;
thence South 0°03'29" Fast 2.04 feet along said Easterly line to the point of beginning;
thence continuing South 0°03'29" East 608.90 feet along said Easterly line to the
Southeasterly comer of said Lot 9;
thence South 72°28'37" West 20.97 feet along the Southerly line of said LOt 9;
thence North 0°03'29" West 597.83 feet along a line parallel with and 20.00 feet in
perpendicular distance West of the Easterly line of said Lot 9;
thence North 81°56'56" West 368.28 feet to a point of intersection with the Northwesterly line
of said Lot 7, said Northerwesterly line also being the Southeasterly line of Lot 6 of said
B.D.I. Second Addition;
thence North 74°03'07~ Fast 27.34 feet along said Southeasterly line to an Easterly comer of
said Lot 6;
thence North 0°03'29" West 8.98 feet along the East line of said Lot 6;
thence South 8P56'56" East 361.92 feet to the point of beginning. Subject to easements and
restrictions of record.
EXHIBIT "B"
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Prepared by: Sarah E. Holecek. Asst. City Atty., 410 E. Washington St., Iowa City. IA 319-356-5030
RESOLUTION NO. 96-121
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A WATER MAIN EASEMENT LOCATED ALONG ST.
JOHN'S ALLEY IN BLOCK 'i OF ST. MATTHIAS SECOND ADDITION, IOWA CITY,
IOWA
WHEREAS, the City of Iowa City currently possesses a water main easement aloing the
vacated St. John's Alley in Block 1 of St. Matthias Second Addition, Iowa City, Iowa; and
WHEREAS, the watermain easement is no longer in use and plans for further development of
the Robert's Hometown Dairy site call for a building to be p!aced over the easement; and
WHEREAS, release of the water main easement will enab!e the property owners to fully utilize
the area encumbered by the easement; and
WHEREAS, Public Works has recommended the release of the water main easement; and
WHEREAS, it is in the public interest for title purposes to formally release the existing water
main easement on 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 twelve-foot (12')
water main easement along the vacated St. John's Alley right-of-way in St. Matthias
Second Addition, Iowa City, Iowa.
The City of Iowa City does hereby abandon, release and relinquish all right, title and
interest in the subject twelve-foot (12') water main easement, and the mayor is hereby
authorized to sign, and the City Clerk to attest, a release of said easement sufficient for
recordation.
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 release,
said recording costs to be paid by Robert's Hometown Dairies, Inc.
Resolution No.
Page 2
96-121
. !
It was moved by Lehman and seconded by
be adopted, and upon roll call there were:
Vanderhoef
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
Passed and approved this 7th day of
May
,1996.
I
MAYOR
A'I-I'EST: ClTY~ ~
the Resolution
Prepared by: Sarah E. Holecek, Asst. City Arty., 410 E. Washington St, Iowa City, IA 319-356-5030
RELEASE OF WATER MAIN EASEMENT
The City of Iowa City, Iowa, does hereby release the the existing twelve-foot (12') water main
easement along the vacated St. John's Al!ey right-of-way in St. Matthias Second Addition, Iowa
City, Iowa.
The City retains all other easements shown on the final plat of St. Matthias Second Addition,
Iowa City, Iowa not released by this document.
CITY OF IOWA CITY, IOWA
Naomi& No~4[~k,Mayor
Attest: ,~~
Marian K. Karr, City
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this '7~day of May, 1996 before me, the undersigned, a Notary Public in nd for
said County, in said State, personally appeared Naomi J. Novick and Marian 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
RESOLUTION NO. 96-122
RESOLUTION APPROVING THE BY-LAWS OF THE
IOWA CiTY HUMAN RIGHTS COMMISSION.
WHEREAS, the Iowa City Human Rights Commission revised and unanimously adopted by-
laws and;
WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions
of the commission; and
WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and
are recommended for adoption following the addition of Section XlII); and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
The by-laws of the Iowa City Human Rights Commission, attached hereto and incorporated
by reference herein, are approved and adopted by the City Council.
Passed and approved this 7th day of ~la~v ,1996.
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Approved by
AYES: NAYS: ABSENT:
X
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION
FEBRUARY 1996
I. NAME ANDAUTHORITY
ao
The name of this organization is the Iowa City Human
Rights Commission, referred to in these by-laws as the
Commission.
The Commission is authorized by the City Council of the
City of Iowa City through Municipal Ordinance Number 95-
3697, effective date November 15, 1995.
II. PURPOSE
A. As stated in Section 2-1-2 of the Human Rights Ordinance.
Through the Commission, the ordinance provides for
execution within the City of Iowa City, the policies of
the Civil Rights Act of 1964 and the Federal Civil Rights
Act. The Commission also promotes cooperation between
the City of Iowa City and the State and Federal agencies
enforcing these acts.
III. MEMBERSHIP
Membership; Appointment; Term of Office; Vacancies: The
Commission shall consist of nine (9) members, appointed
by vote of the City Council. Appointees shall serve for
a term of three (3) years and thereafter until a
successor has been appointed. If a position becomes
vacant by reason of resignation or otherwise and results
in an unexpired term of six months or less, the Council
may choose to fill the unexpired term in such a manner
that the appointee shall continue in the position not
only through the unexpired term but also through
subsequent regular term. Appointments shall take into
consideration men and women of the various racial,
religious, cultural, social and economic groups in the
City. Human Rights Ordinance, Section 2-2-3.
Commissioner shall attend (or have excused absences for)
twelve (12) regularly scheduled monthly meetings during
the calendar year.
Commissioners who violate provisions of B above may
be asked to resign and be replaced.
Excused absences are allowable for personal, work
or school related emergencies. The Chairperson or
Human Rights Coordinator must be notified of a
planned absence in advance of any meeting.
De
Commission may make recommendations by a 2/3 majority
vote to the Mayor and the City Council for dismissal of
any Commission member for reasons of attendance or other
good cause.
EO
Commissioners shall serve without compensation. Actual
and necessary expenses incurred may be reimbursed by the
City Council.
Orientation for Commissioners, including functions,
duties and responsibilities, shall be conducted by the
staff assigned to the Commission.
IV. OFFICERS
ae
The Commission shall have three (3) officers:
Chairperson, Vice Chairperson and Secretary.
Officers shall perform the duties set forth in these by-
laws. The Chairperson must designate a Chairperson pro-
tem when necessary.
The Chairperson and Vice-Chairperson shall be elected
from the Commission's membership at its regular January
meeting for a one (1) year term.
The Secretary shall be selected at the January meeting
for a one (1) year term. The Secretary may, but need not
be, a Commissioner.
The Commission shall fill vacancies among its officers
for the remainder of an unexpired term.
FULL COMMISSION MEETINGS
A. At least one (1) regular meeting shall be held each
month.
Ths Chairparson, Vlcc Chairperson, or any three (3)
Commissioners may call a special meeting.
At least one (1) full day's written notice of
meeting place, time and agenda shall be given each
Commissioner and the media.
Insofar as possible, only matters included on the
agenda may be discussed and formal votes taken.
Care shall be taken to avoid discussion of non-
agenda items.
C. A quorum shall consist of five (5) Commissioners.
A majority Of present and voting members shall be
necessary to pass a motion.
2. The Chairperson shall vote as a member.
Commission meetings shall be public except where provided
in Iowa Code, Section 21.5.
VI. SUBCOMMITTEE AND TEAM MEETINGS
A®
Since meetings are scheduled by the consensus of the
committee members, attendance is mandatory.
In case of emergency, the committee chair person or team
captain shall be notified in advance so the meeting can
be rescheduled.
VII. CONDUCT OF COMMISSION BUSINESS
ae
Commission officers shall set the agenda provided
Commissioner suggestions are considered. Each
Commissioner and staff member shall be provided an agenda
prior to the monthly meeting.
The Commission,s Secretary and/or designee shall record
all activities and statements made at Commission
meetings, hereafter known as minutes of the meeting. All
Commission records shall be public except those excluded
pursuant to Iowa Code, Chapter 22; Iowa City's Human
Rights Ordinance, Section 2-2-4.
VIII.
PUBLIC RECORDS; EXCEPTIONS
A. All records of the Commission shall be public, except:
Complaints of discrimination, reports of
investigations, statements and other documents or
records obtained in investigation of any charge
shall be closed record~ unless a public hearing is
held. Human Rights Ordinance, Section 2-2-4(A)(1).
The minutes of any session closed under the
provision of this title shall be closed records.
Human Rights Ordinance, Section 2-2-4(A)(2).
No member of the Commission or of its staff shall
disclose the filing of a charge, the information gathered
during the investigation, or the endeavors to eliminate
such discriminatory or unfair practice by conference,
conciliation, or persuasion, except as may be necessary
to conduct an investigation of a complaint. Nothing in
this provision shall prevent the Commission from
releasing such information concerning alleged or
acknowledged discriminatory practices to the Iowa Civil
Rights Commission, the United States Civil Rights
Commission, the Federal Equal Employment Opportunity
Commission and other agencies or organizations whose
primary purpose is the enforcement of civil rights
legislation. This section does not prevent any
complainant, witness or other person from publicizingthe
filing of a complaint or the matter therein complained
of. violation of these provisions by a member of the
Commission or its staff shall constitute grounds for
removal. Human Rights Ordinance, Section 2-2-4(B)
Ce
The rules in the current edition of Roberts Rules of
Order Newly Revised shall govern the Commission in all
cases to which they are applicable and in which they are
not inconsistent with these bylaws and any special rules
or order the commission may adopt.
IX. ~UBCOHMITTE~ A~POINTMENTS.
Xe
Formation of subcommittees shall be by majority vote of the
Commission in whatever subject area, or whatever number of
committees, is deemed necessary. The committee(s) shall
consist of no more than four Commission Members appointed by
the Commission Chairperson.
POWERS i%ND DUTIES OF THE CO~ISSIONo
Powers: The Commission created by Chapter 2, Section 2-2-2,
of the Human Rights Ordinance, shall have the following
powers:
A. To receive, investigate and finally determine the merits
of complaints alleging unfair or discriminatory
practices.
To investigate and study the existence, character, causes
and extent of discrimination in the areas covered by this
title and eliminate discrimination by education,
conciliation and enforcement, where necessary.
Ce
To issue publications and reports of the research and
investigations of the Commission subject to the
limitations of confidentiality.
To prepare and transmit to the City Council, from time to
time, but not less often than once each year, reports
describing its proceedings, investigations, hearings
conducted and the outcome thereof, decisions rendered and
the other work performed by the Commission.
4
To make recommendations to the City Council for such
further legislation concerning discrimination as it may
deem necessary and desirable.
Fe
To cooperate, within the limits of any appropriations
made for its operation with other agencies or
organizations, both public and private, whose purposes
are not inconsistent with those of this title and in the
planning and conducting of Drogra~s designed to eliminate
racial, religious, cultural and other intergroup
tensions°
To adopt guidelines by which to determine whether any
conduct, behavior, or action may properly be deemed a
discriminatory practice.
To make recommendations to the City Manager and City
Council regarding the affirmative action program of the
City and to offer assistance to City departments to
ensure fair employment procedures and the provision of
City services without bias.
Seek a temporary injunction against a respondent when it
appears that a complainant may suffer irreparable injury
as a result of an alleged violation of the Human Rights
Ordinance.
Issue subpoenas and order discovery to aid in
investigation of allegations of discrimination.
XI. HUMAN RI~T8 COHPLAINT PROCESS
A. Filing
1.
of Complaint
Within twenty (20) days of the filing of the complaint,
a copy will be crossfiled with the Iowa civil Rights
Commission° Thereafter, appropriate case information
will be sent upon request by the I.C.R.C..
Other appropriate enforcement agencies shall be notified
of the complaint and sent relevant case information if
requested unless specifically prohibited by · the
complainant or representing attorney.
The Commission's Coordinator and/or designee shall inform
persons filing complaints of discrimination of:
a. Appropriate Federal and State enforcement agencies;
b. The complainant's right to file a charge of
discrimination under Federal and State Civil Rights
5
Be
laws either instead of, or in addition to, filing
under the local ordinance; the right to retain a
private attorney; the Commission's duty to forward
a copy of the complaint to the Iowa Civil Rights
Commission.
Initiation of complaint investigation.
The Investigator will establish a file for each
discrimination complaint. Each file will be assigned a
Human Rights case number. The InYestigator shall
maintain a current flow chart tracking the progress of
each complaint. It will also be the responsibility of
the Investigator to notify appropriate parties within
twenty (20) days of filing date.
The Investigator shall interview the complainant,
respondent and witnesses. Documents relevant to the
charge shall be secured and applicable case law shall be
reviewed.
e
After investigation, but before the Investigator submits
a recommendation of probable cause or no probable cause
to the City Attorney, the Investigator may seek a
disposition through a predetermination settlement. (See
Section, 2-4-2(E) of Human Rights Ordinance.) The
Chairperson will then appoint a conciliation team to
review the recommended predetermination settlement and
make a recommendation to the Commission. If a
predetermined settlement is approved by the Commission,
the case will be closed and all parties will be so
notified by certified mail. If the conciliation team
disapproves of the proposed settlement, the Investigator
shall continue with the investigation.
If no pre-determination settlement is sought or approved,
the Investigator shall file a detailed written report to
the City Attorney outlining whether there is or is not
probable cause to be!iev~ the ~erson charged in the
complaint committed a discrimina{ory practice.
City Attorney's Probable Cause Determination
After review of the file and the investigative summary in
a case, the city Attorney shall submit an independent
decision, in a timely manner, as to whether there is
probable cause to believe the respondent has
discriminated against complainant.
The City Attorney will submit the file and probable cause
6
De
Ee
decision to the Human Rights Commission within thirty
(30) working days of receiving the Investigator's report
and recommendation. The City Attorney can, for good
cause, request from the Human Rights Chair, an extension
of time to submit a probable cause determination. The
extension will be granted with a showing of good cause.
Human Rights Commission Team and Probable Cause Determination
After the Investigator and City Attorney have made their
determinations regarding probable cause, the Human Rights
Coordinator shall promptly assign the complainant's file
to a Human Rights Commission team, for an independent
evaluation as to whether there is probable cause to
believe discrimination occurred. The Human Rights
Commission must submit a written probable cause
determination within thirty (30) days following receipt
of the case. The Human Rights Commission Team can, with
good cause, request from the Human Rights Chair, an
extension of time to submit a probable cause
determination. The extension will be granted with a
showing of good cause.
A consensus of the Team is required to make a
recommendation to the Commission.
After a probable cause determination has been made, the
Investigator shall notify all appropriate parties by
certified mail of the finding and the reasons for the
finding.
If a no probable cause determination has been
reached, the Complainant will have a right to
appeal the decision within 10 days of receipt of
the written notice. The Complainant should be
advised to present all new information and
corroborating material to support the appeal at the
hearing. The Human Rights Commission Team shall
hear the Comp]ainant's evidence within thirty (30)
days of the request for review.
If it has been determined that there is probable
cause to believe discrimination took place, the
Human Rights Commission Team assumes the
responsibility of conciliation. The team is,
thereafter, referred to as the Conciliation Team.
Conciliation Team responsibility.
The Conciliation Team shall seek to resolve a
discrimination complaint through conciliation.
Rights Ordinance, Section 2-4-4
Human
7
If the Conciliation Team is unable to effectuate a
disposition within ninety (90) days after the fin4ing of
probable cause the Commission may order the conciliation
conference procedure to be bypassed.
The Conciliation Team shall state in writing the reasons
for bypassing further conciliation efforts. The
statement should include a summary of the conciliation
effort, the principal facts as disclosed in the
investigation. and other relevant reasons for the
recommendation° Human Rights Ordinance, Section 2-4-
4 (a).
If the Conciliation Team reaches a disposition agreeable
to the complainant and respondent, the agreement shall be
reduced to written agreement.
e
If the Conciliation Team is unable to reach a disposition
agreeable to the parties, the team shall notify the
Commission of the result. The Team may recommend:
a. No further action be taken and the file be closed.
bo A Public Hearing will be held.
Administrative Closure.
Should a complaint pending before the Commission be resolved
or closed by the Iowa State Civil Rights Commission or the
Equal Employment Opportunity Commission, the Commission
Chairperson shall appoint a conciliation team to review the
disposition. If the conciliation team finds that the
complaint has been appropriately resolved, the case shall be
administratively closed. All parties shall be so notified by
certified mail.
Public hearing.
If it is determined that the ca~e $bo~ld go to p~ab!ic
hearing, the Commission shall issue and cause to be
served a written notice: Human Rights Ordinance, Section
2-4-6 (a)
a. Specifying the charges in the complaint;
be
Requiring the respondent to answer the charges of
the complaint at a hearing before the Conmission,
or a person designated by the Commission to conduct
the hearing;
8
The hearing shall be conducted in accordance with the
provisions of Chapter 17A, Code of Iowa for contested
cases. The burden of proof shall be on the Commission.
Hu~man Rights Ordinance, Section 2-4-6(C)
The Commission shall review the hearing officer's
decision and may affirm, modify, or reverse the
recommended findings, conclusions of law and order. The
Co~miesion's final decision shall be made in accordance
with the provisions of Section 2-4-7 of the Ordinance°
H. Subpoena powers and temporary injunctions.
Subpoenas may be issued and discovery ordered to aid in
investigations of allegations of discrimination. Human
Rights Ordinance, Section 2-2-2(J)
The Commission may seek a temporary injunction against a
respondent when it appears that a complainant may suffer
irreparable injury as a result of an alleged violation of
the Human Rights Ordinance. Human Rights Ordinance,
Section 2-2-2(I)
I. Admissible evidence in a sexual harassment case.
In a human rights complaint alleging sexual harassment, the
parties making the probable cause determination as to whether
discrimination occurred must weigh the prejudicial value and
relevance of any evidence concerning the past sexual behavior
of the complainant.
XII. AMENDMENTS.
These by-laws can be amended at any regular Commission meeting by
a two-thirds (2/3) vote, provided that the amendment has been
submitted in writing prior to the meeting at which it is to be
acted upon and such amendment is not in conflict with the Human
Rights Ordinance, as amended.
COMMISSION
HUMAN RIGHTS -- A HUMAN ISSUE
CITY OF IOWA CITY
January 29, 1997
Ms. Marian Karr
City Clerk
City of Iowa City
410 E. Washington
Iowa City, Iowa 52240
Re: Iowa City Human Rights Commission's Bylaws
Dear Marian,
In February of 1996, the Iowa City Human Rights Commission revised the
Commission's bylaws. The revisions were subsequently approved by a unanimous
Commission, Unfortunately, no one noticed that the date of the bylaws was incorrectly listed
as February 1995 instead of 1996. I have corrected the date and enclosed a copy of the
most recent bylaws approved by the Commission.
If you have any questions, please feel free to call me at 35§-5022.
Sincerely,
Heather L, Shank
Human Rights Coordinator
CIVIC CENTER e 410 EAST WASHINGTON STREET · IOWA CITY, IOWA S2240 · (319) 3S6-S022
me
A®
BY-I.~,WS OF THE IOWA CITY HUH~ RIGHTS FEBRUbY 1995
~ND ~%UTHORITY
The name of this organization is the Iowa Ci Human
Commission, referred to in these as the
Be
Co~ission is authorized by the City
of Iowa City through Municipal
3697 effective date November 15, 1995.
of the
Number 95-
I I. PURPOSE
A. AS
in Section 2-1-2 of the Human
Ordinance.
Through
execution
the Civil
Act. The
the City of
enforcing
Commission, the provides for
the City of Iowa C the policies of
Act of 1964 and Civil Rights
also cooperation between
City and the and Federal agencies
acts.
III. HEMBERBHIP
Ae
Membership;
Commission shall ~ist
by vote of the City
a term of three
successor has been
vacant by reason of res
in an unexpired term
may choose to fill
that the appointee
only through the
subsequent term.
consideration and
of Office; Vacancies: The
(9) members, appointed
Appointees shall serve for
~ars and thereafter until a
nted. If a position becomes
or otherwise and results
.x months or less, the Council
~ired term in such a manner
in the position not
term but also through
ointments shall take into
women of the various racial,
religious, _ _ social ..... economic groups in the
CityI H. uman/ghts Ordinance, ~tlon 2-2-3
Commissioners shall attend (or have~excused ab.sences for)
twelve (12y regularly scheduled monthly meetings during
the cal~.ar year. . .~
1. Cp~missioners wh.o violate provisions of B above may
/ asked to resign and be replacedk
2. / Excused absences are allowable for personal, work or
/ school related emergencies. .The Ch~i.r?.erson or
/ Human Rights Coordinator must be no~.ifled of a
./ planned absence in advance of any ~eeti~.
Prepared by: Charles Denney, Associate Planner, 410 F_. Washington St., Iowe City, IA 52240; 319-356-5247
RESOLUTION NO,
RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF BROKEN
ARROW ESTATES SUBDIVISION, IOWA CITY, IOWA.
WHEREAS, the owner, AI Streb, filed with the City Clerk the preliminary and final plat of
Broken Arrow Estates, Iowa City, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa:
Commencing at the Northeast Corner of Lot One, Hunters Run Subdivision Part
One, according to the plat recorded in Plat Book 22 at Page 53 of the Records
of the Johnson County Recorder's Office. Thence NOO°46'46"E, 7,26 feet,
Thence N74°O6'28"E along the Southerly Line of Rohret Road 203.56 feet, to
the Point of Beginning. Thence continuing N74°O6'28"E along said Southerly
Line of Rohret Road, 248.78 feet, Thence Northeasterly 180.01 feet along said
Southerly Line of Rohret Road on a 922.00 foot radius curve concave
Southeasterly, whose 179.72 foot chord bears N79°42'O3"E, Thence
S01°09'04"W, 238.93 feet, Thence S89°11'21"W, 413.31 feet, Thence
NOO°46'46"E, 144.49 feet to the Point of Beginning. Said tract of land
contains 1.88 acres more or less and is subject to easements and restrictions
of record; and.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed preliminury arid final plat and subdivision, and
recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and
subdivision and recommended that said preliminary and 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The preliminary and 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.
e
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating
to said subdivision, and to certify a copy of this resolution, which shall be affixed to
the final plat after passage and approval by law, and to record the legal documents and
the plat at the office of the County Recorder of Johnson County, Iowa at the owner's
expense.
Passed and approved this
day of ,1996.
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
MAYOR
and seconded by
~,~ity.~rnA ey's/Ofi~e .,c $:~<,
the Resolution be
AYES: NAYS: ABSENT:
. Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240:319-356.5240
RESOLUTION NO. 96-123
RESOLUTION APPROVING EXTRATERRITORIAl. FINAL PLAT OF NEWPORT
RIDGE, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Lucas S. Van Orden IV, filed with the City Clerk the final plat of
Newport Ridge, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following described real estate in Iowa City,
Johnson County, Iowa, to wit:
WHEREAS, beginning atthe northwest Corner of Lot 6, Newport Woods Subdivision, Johnson
County, Iowa, as recorded in Plat Book 32, at Page 230, of the records of the Johnson
County Recorder's Office; Thence S64°58'32"E, along the North Line of said Lot 6, 200.15
feet, to a found iron pin; Thence S77°03'40"E, along said North Line, 273.82 feet, to a
found iron pin; Thence N48°29'08"E, along said North Line, 115.92 feet to a found iron pin;
Thence S86°46'41"E, along said North Line, 211.86 feet, to a found iron pin; Thence
S57°44'31 "E, along said North Line, 211.96 feet, to a found iron pin; Thence N84°05'05"E,
along said North Line, 61.75 feet, to a found iron pin; Thence Northeasterly, along said North
Line, 16.69 feet, on a 105.00 foot radius curve, concave northwesterly, whose 16.67 foot
chord bears N89°52'01 "E, to a found iron pin; Thence N85°18'47"E, along said North Line,
108.59 feet, to a found iron pin; Thence southeasterly, 27.44 feet, along said North Line,
on a 120.00 foot radius curve, concave southerly, whose 27.38 foot chord bears S88 °08' 14-
"E, to a found iron pin; Thence S81 °35' 14"E, along said North Line, 177.36 feet, to a found
iron pin; Thence southeasterly, 18.48 feet, along said North Line, on a 180.00 foot radius
curve, concave northeasterly, whose 18.47 foot chord bears S84°31 '40"E, to a found iron
pin on the East Line of the Southwest Quarter of the Northeast Quarter of Section 26,
Township 80 North, Range 6 West, of the 5th Principal Meridian; Thence S00°07'46"E,
along said East Line, 178.06 feet, to a found iron pin at the Northeast Corner of Lot 1, of said
Newport Woods Subdivision; Thence N89°37'05"W, along the North Line of said Lot 1,
233.77 feet, to a found iron pin; Thence S49°01 '56"W, along the Northw~s[edy iir~e of said
Lot 1, 106.18 feet, to a found iron pin; Thence S00°53'10"W, along the West Line of said
Lot 1, 298.60 feet, to a found iron pin at the Southwest Corner of said Lot 1; Thence
S00°28'13"W, 386.82 feet, to a found iron pin at the Northeast Corner of Dalton's
Subdivision, Johnson County, Iowa, as recorded in Plat Book 35, at Page 134, of the records
of the Johnson County Recorder's Office; Thence N89°50'O2"W, along the North Line of
said Dalton's Subdivision, 320.78 feet; Thence N89°04'51 "W, along said North Line, 473.82
feet, to a point on the Centerline of Newport Road NE; Thence Northwesterly, 217.53 feet,
along said centerline, on a 741.11 foot radius curve, concave southwesterly, whose 216.75
foot chord bears N76°55'56"W, to a point on the West Line of said Northeast Quarter of
Section 26; Thence N00°20'02"W, along said West Line, 1081.47 feet, to the Point of
Beginning. Said tract of land contains 25.30 acres, more or less, and is subject to easements
and restrictions of record; and
WHEREAS, the E~epartment of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
and
Resolution No. 96-123
Page 2
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 conditional, future 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.
NOW, THEREFORE, BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The extraterritorial final plat and subdivision located on the above-described real estate
be and the same are hereby approved,
The City acknowledges and approves the conditional, future dedication of the streets
and easements as provided by agreement and by law.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating
to said subdivision, and to certify a copy of this resolution, which shall be affixed to
the final plat after passage and approval by law. The owner/subdivider shall pay the
costs of recording the legal documents and the plat at the office of the County
Recorder of Johnson County, Iowa.
Passed and approved this 7th day of Nay
,1996.
ATTEST:__/~¢.~¢~J ~. ~
CITY--CL EFK
It was moved by Norton
adopted, and upon roll call there were:
and seconded by Thornberry the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Resolution No.
Page 2
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 conditional, future dedication has been made to the
with the free consent and in accordance with the
proprietors;
lic, and the subdivision
the owners and
WHEREAS,
Iowa (1995)
~al plat and subdivision are found to
other state and local requirements.
Chapter 354, Code of
NOW, THEREFORE,
IOWA, THAT:
BY THE CITY CC
IF THE CiTY OF IOWA CITY,
on the above-described real estate
be and the same are
eby approved.
2. The City a( approve
and easements as [
:onditional, future dedication of the streets
and by law.
t
The Mayor and City Clerk
directed, upon approval by th~
to said subdivision, and to c~
the final plat after passage
and directed to record th~
Recorder of Johnson
;ity of Iowa City, Iowa, are hereby authorized and
' Attorney, to execute all legal documents relating
copy of this resolution, which shall be affixed to
law, The City Clerk is further authorized
ents and the plat at the office of the County
Iowa, ~e owner's expense,
Passed and approved this
day of ,1996.
MAYOR
ATTEST:
CITY CL//~K
It was moved b/(/ and seconded by
adopted, andSport roll call there were:
/AYES5: NAYS: __
ABSENT:
the Resolution be
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
STAFF REPORT
To: Planning & Zoning Commission
Item: SUB96-0009
GENERAL INFORMATION:
Applicant:
Requested Action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land us~.~d zoning:
Comprehensive Plan:
Applicable Code requirements:
File Date:
45-day limitation period:
60-day limitation period:
SPECIAL INFORMATION:
Public Utilities:
Prepared by: John Yapp, Planning Intern
Date: April 19, 1996
Lucas S. Van OrdenlV
3077 Newpo~ Rd. NE
Iowa City, lA 52240
351-8038
Final Plat Approval.
9-lot residential subdivision.
North side of Newport Road, 1/4-mile
east of its intersection with Prairie Du
Chien Road, in Johnson County.
25.30 acres.
Vacant; County RS
North - Residential; RS
East - Residential; RS
South - Residential; RS
West - Residential; RS
The Fringe Area Policy for Area 3
encourages residential development
within the area.
14-7; Subdivision Regulations, 14-51;
Grading Ordinance.
April11,1996
May 27,1996
June 10,1996
Public water and sewer are not available.
Private wells and septic systems will need
to be provided. If and when the area
included within Newport Ridge Subdivision
is annexed by the City, sidewalks,
sanitary sewers, storm sewers, water
mains, and concrete paving of existing and
planned streets or roads may be installed by
the City.
Public Services:
Police Protection is provided by the
Johnson County Sheriff's Department, Fire
Protection is provided by Solon.
Transportation:
Vehicular access is from Newport Road.
Physical Characteristics:
The site has steep to rolling topography,
with a creek running through the north
side of the property.
BACKGROUND INFORMATION:
The Planning & Zoning Commission reviewed and recommended approval of the preliminary
plat of Newport Ridge Subdivision on February 1, 1996. The City Council approved the
preliminary plat on March 26, 1996. The final plat was sent to the County Board of
Supervisors on April 17, 1996. The property is a resubdivision of Lot 6 of Newport Woods
Subdivision. The current Fringe Area Policy for Area 3 encourages residential development.
ANALYSIS:
As submitted, the final plat is in general compliance with the approved preliminary plat.
Construction plans and grading and erosion control plans are currently being reviewed by the
Public Works Department. Legal Papers are currently being reviewed by the City Attorney's
office. These Plans and documents must be approved by Public Works and the City
Attorney's office prior to Council consideration of the final plat.
STAFF RECOMMENDATION:
Staff recommends that the final plat of Newport Ridge Subdivision be approved, subject to
the construction plans and grading and erosion control plans being approved by the Public
Works Department, and legal documents being approved by the City Attorney's office prior
to City Council consideration.
ATTACHMENTS:
1. Location Map.
2 Final Plat.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
LOCATION
SUBg~)-0009
NEWPORT RIDGE SUBDIVISION
0
/
FOLLOWING IS ~
BEST DOCUMENT AVAILABLE
.,,,,~.c.~~,.m.,~,,..o,.~,~,..,~ NEWPOR"' RIDGE SUBDIVISION
i{". ~a,o THE RESUBDlVlSION OF LOT 6 NEWPORT WOODS
SUBDIVISION-JOHNSON COUNTY, IOWA
PIIVAL PLAT -- MMS Co~suu'r. aa~, l~c.'~.
NEWPORT RIDGE SUBDIVISION k~C~,.~-~ ~,~a~a ,
4-12-96
Karen Franklin
Iowa City Planning &
Comaunity Development
Civic Center
Iowa City, IA 52240
Re: Newport Ridge Final Plat
Karen,
As per our phone conversation today, I would like to request expedited consideration on
the final plat of Newport Ridge Subdivision. As I understand it, P-Z would hear the plat
on their regular meeting 5-2-96, and it would proceed directly to City Council for it's
meeting 5-7-96. As always, please feel free to contact MMS or myselfifthere are any
concerns you have with the filing.
With best regard~~~...~/.~
Lucas S Van Orden 1V
3077 Newport Rd NE
Iowa City, IA 52240-7825
(319) 351-8038
Prepared by: Steven Nasby, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 96-124
RESOLUTION AUTHORIZING AND APPROVING $100,000 IN FY96
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND $100,000 IN FY96
HOME INVESTMENT PARTNERSHIP {HOME) FUNDS FOR ROBERT BURNS AND
GREATER IOWA CITY HOUSING FELLOWSHIP FOR AFFORDABLE RENTAL
HOUSING FOR LOW AND MODERATE INCOME HOUSEHOLDS.
WHEREAS, the City of Iowa City, Iowa, is the recipient of Community Development Block
Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development
(HUD) under Title I of the Housing and Community Development Act of 1974, as amended
(Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-
550) and HOME Investment Partnerships (HOME) funds under Title II of the Cranston-Gonzalez
National Affordable Housing Act of 1990 (Public Law 101-625), as amended; and
WHEREAS, on April 4, 1996, the Housing and Community Development Commission (HCDC)
recommended the reallocation of $100,000 in FY96 CDBG and 9100,000 in FY96 HOME
funds to Robert Burns and Greater Iowa City Housing Fellowship for land acquisition and
construction costs for 16 affordable rental housing units in Walden Ridge Part IV for low and
moderate income households; and
WHEREAS, Robert Burns and Greater Iowa City Housing Fellowship has applied for additional
funding for the project to the Iowa Department of Economic Development, and has received
a commitment for private financing from Hills Bank & Trust Co.; and
WHEREAS, Robert Burns and Greater Iowa C ty Housing Fellowship (a certified Community
Housing Development Organization) have formed a partnership to underlake this joint ve~]tu~e
to provide affordable housing opportunities to low and moderate income residents; and
WHEREAS, the project addresses the housing needs of low and moderate income households
and helps achieve the goals for affordable housing set forth in CITY STEPS, Iowa City's
Consolidated Plan; and
WHEREAS, the City Council finds that the reallocation of FY96 CDBG and HOME funds and
approval of this project is an essential part of the CITY STEPS Plan; and
WHEREAS, the reallocation of funds for this project will enable the City to meet its set-aside
of FY96 HOME funds for Community Housing Development Organizations as required by the
U.S. Department of Housing and Urban Development.
Resolation No. 96-124
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The reallocation of $100,000 in FY96 CDBG and 9100,O00 in FY96 HOME funds to
Robert Burns and Greater Iowa City Housing Fellowship for land acquisition and
construction costs for 16 affordable rental housing units in Walden Ridge, Part IV, is
hereby authorized and approved subject to funding approval for this project by the
Iowa Department of Economic Development.
Passed and approved this 7th day of Nay
,1996.
ATTEST: '~~ '~. ~
ClTY~CLERK
MAYOR
A~/,~_?r oved by
City Attorney s Office
It was moved by I(ubby and seconded by
adopted, and upon roll call there were:
Norton the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Steven Nasby, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO.
RESOLU~!~ON AUTHORIZING AND APPROVING $100,00( FY96
COIVINIUNIT~ DEVELOPMENT BLOCK GRANT {CDBG)AND ,10~ FY96
H ON]E INVES'~NiEN'I' PA RTN ERS HIP(HOIVIE)FUNDS FORR 3 B~RT ;AND
GREATER IOw CITY HOUSING FELLOWSHIP FOR AF, 0RDA, RENTAL
HOUSING FOR L~,W AND MODERATE INOON]E HOUS,~ )LDS.
WHEREAS, the City of Io~a City, Iowa, is the recipient of ~om]nunity Development Block
Grant (CDBG} funds grant~l by the U.S. Department of ~ousin 3 and Urban Development
(HUD) under Title I of the H(~Jsing and Community Deve)Opment A~:t of 1974, as amended
(Public Law 93-383) and und{~ the 1 992 National Affo/r'dable Ho ]sii~g Act (Public Law 102-
550) and HOME Investment Partnerships (HOME) fund under Title II ¢ f the Cranston-Gonzalez
National Affordable Housing Act~f 1990 (Public 101-625), as amended; and
WHEREAS, on April 4, 1996, the Ho~sing and Cc
recommended the reallocation of $1q0,000
funds to Robert Burns and Greater
construction costs for 16 affordable
moderate income households; and
Development Commission (HCDC)
CDBG and $100,O00 in FY96 HOME
ig Fellowship for land acquisition and
units in Walden Ridge Part IV for low and
WHEREAS, Robert Burns and Greater Iowa
Housing Development Organization)
to provide affordable housing oppo
ty Housing Fellowship (a certified Community
d a partnership to undertake this joint venture
w and moderate income residents; and
WHEREAS, the project addresse:
and helps achieve the goals
Consolidated Plan; and
WHEREAS, the City Counc~j~inds that the
approval of this project is/an essential part of the CITY
housing moderate income households
affordable housir set forth in CITY STEPS, Iowa City's
CDBG and HOME funds and
and
WHEREAS, the realloca~on of funds for this project will Ihe City to meet its set-aside
of FY96 HOME funds~or Community Housing Development Or ~izations as required by the
U.S. Department o?~ousing and Urban Development. ~
NOW, THEREF..,~I~, BE IT RESOLVED BYTHE CITY COUNCIL OF ,OV~CITY, IOWA, THAT:
1. Ther~llocation of $1OO,000 in FY96 CDBG and $100,000 in F~96 HOME funds to
Robert Burns and Greater Iowa City Housing Fellowship for land acquisition and
construction costs for 1 6 affordable rental housing units in Walden Ridge, Part IV, is
hereby authorized and approved.
Resolution No,
Page 2
Passed and approved this
ATTEST:
CITY CLERK
day of
MAYOR
' Attorney's Office
It was moved by
adopted, and upon roll call there
AYES:
NA~
by
the Resolution be
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
City of Iowa City
MEMORANDUM
DATE: May 1, 1996
TO:
City Manager and City Council
FROM:
RE:
Marianne Milkman, Community Development Coordinator
Steven Nasby, Associate Planne, r~,~
Robert Burns\Greater Iowa City Housing Fellowship Joint Venture: Proposal for the
Construction of Affordable Rental Housing in Walden Ridge Part 4
As you know, Robed Burns and Greater Iowa City Housing Fellowship (GICHF) have been
working on developing an affordable rental housing project. This joint venture has an accepted
purchase offer for 16 lots in the Walden Ridge Part 4 subdivision (see attached information).
Walden Ridge Part 4 comprises 100 lots for single-family, attached housing (townhouses). At the
present time 84 of the units have been constructed and are mixed use (owner-occupied and
rentals). There are 16 undeveloped lots remaining on Clearwater Court, a private street within
the subdivision. The proposal includes the acquisition of the land and construction of 16 units
(8 two-bedroom units and 8 three-bedroom units). Upon completion Robert Burns and GICHF
will each own half of the units. All of the units will be rented at or below Fair Market Rents,
currently $515 for the two-bedroom units and $715 for the three-bedroom units (including utilities).
The targeted population of households to be served by this project are those earning between
$26,700 and $32,040 annually, or 60 percent of the median income. The affordability of the units
would be guaranteed for a minimum of 20 years.
The projected costs for this development are approximately $1,023,000, including land acquisition.
Probable financing for this project comes from both public and private souroes. Mr. Burns and
GICHF have requested the $200,000 in FY96 CDBG and HOME funds (from Iowa City) be used
in addition to the $423,000 in private financing already secured. The "gap" of $400,000 is being
requested from the State of Iowa's HOME funds. If approved by the State, this works out to a
41% to 59% financing split between public and private sources.
Sources of the Proposed Financing
$200,000 City CDBG and HOME funds (1% loan)
$423,000 Private Financing (market rate loan)
$400,000 State HOME Funds (1% loan)
$1,023,000 TOTAL
Uses of Funds: Estimated
$160,000
$658,000
$ 71,572
$133,428
$1,023,000
Project Costs
Land Acquisition
Construction Cost and Contingency
Soft Costs (appraisal, architectural, legal, taxes, etc.)
Developer Fee and Overhead (15% of total project costs)
TOTAL
2
While at this time we do not have a written response from the Iowa Department of Economic
Development (IDED) regarding this project, they have indicated to staff that they have concerns
related to the total per unit cost (approximately $64,000). This price per unit is below the asking
price of units currently on the market; however, these costs could be reduced by approximately
$5,000 per unit through the elimination of a 3\4 bath in the basement. We agree that this is a
reasonable solution to reduce the per unit cost. In addition, both IDED and staff have some
concerns about the developer fees for this particular project. The general range of developer fees
accepted by IDED range from 10 - 12 percent, with a maximum of 15 percent. Since this is an
infill type development (with the infrastructure in place, the property appropriately zoned and
platted and the design of the units prescribed), we concur that the developer fees should be
reduced.
Subject to the resolution of these issues, staff supports this project and recommends approval
of the project funding. If you have any questions please call Steven Nasby at 356-5248 or myself
at 356-5244.
CC:
bC4*ISN
Robert Burns
Greater Iowa City Housing Fellowship
Karin Franklin
March 28, 1996
ROBERT P. BURNS
319 E. WASHINGTON STREET, SUITE 111
P.O. BOX 1226
IOWA CITY, IOWA 52244
319-338-7600
FAX 319-337-2430
Ms. Marianne Milkman
Planning and Community Development
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
RE:
CDBG/HOME FY96 Funds
Burns/Greater Iowa City Housing Fellowship Joint Venture
Dear Ms. Milkman:
We propose use of city FY96 CDBG/HOME funds for new construction of sixteen
townhouse condominiums (4-fourplexes) consisting of eight two-bedroom and eight
three-bedroom dwelling units. We propose funds be made available in the form of a
$200,000 loan at a 1% interest rate for a twenty year term with fifty year
amortization schedule.
The two-bedroom unit has 1,375 square feet consisting of 445 on the first floor 475
on the second floor and 455 at the basement. The three-bedroom unit has 1,462
square feet consisting of 445 on the first floor, 562 on the second and 455 at the
basement. Both the two-bedroom and three-bedroom unit has one and 3/4 baths and
a washer/dryer hook-up in the unit.
The project is located west of Mormon Trek Boulevard in Walden Ridge Part 4. The
site currently is zoned properly and platted so that a building permit could be issued
immediately.
We have a purchase agreement with the current owner of the site,
Rents will be $457 per month for the two-bedroom unit and $639 per month for the
three-bedroom unit. The fair market rent currently is $515 and ~715 respectively.
The fair market rents include utility allowances of ~58 for a two-bedroom unit and
$75 for a three-bedroom unit.
The Greater Iowa City Housing Fellowship and Robert P. Burns each will own fifty
percent of the development.
Ms. Marianne Milkman
Planning and Community Development
March 28, 1996
Page 2
The project will be managed by the Greater Iowa City Housing Fellowship.
We are pleased to have the opportunity to bring additional affordable rental housing
to Iowa City with this project, We request the city's approval so that we may
proceed with this project,
Sincerely Yours,
Robert P. Burns
RPB/slk
Enclosure
EZ 14
MAPS AND TRANSPORTATION
Unlve~tty o! Iov,
Unlvm slty ~
ghts
IOWA
CITY
MUNICIPAL
AIRPORT
SITE LAYOUT
J
L
ME[ROSE AVE ~
LOCATION VAP
NO SCALE
i,I
I_,IV
FIRST FLOOR -- 445 SQ.FT.
2 BFF)ROOM TOWNHOUSE
(RIGHT HAND UNI,.T}
SECOND FLOOR
,- 475 SQ,FT.
LIV
l:gR-2
FIRST FLOOR - 44.5 SQ.FT.
.3 BFnROOM TOWNhOUSE (RIGHT
HAND
UNIT)
SECOND FLOOR
- 562 SQ. FT.
HAND
uNIT
',' L~__~,__~
LEFT
HAND
UNIT
LEFT
HAND
UNIT
LEFT
HAND
UNIT
BASEMeNT/FOUNDATION P_LAN
Form 653.C Page 2
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of Johnson County, Iowa:
The Council of the C~ty of Iowa City, in said County met on May 7, 1996, at the place and hour set
in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon
taking up the proposed amendment, it was considered and taxpayers were heard for and against the
amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the statements made
by them, gave final consideration to the proposed amendment(s) to the budget and modifications
proposed at the hearing. if any. Thereupon, the following resolution was introduced.
RESOLUTION NO. 96-125
A RESOLUTION AMENDING THE CURRENT 8UDGET FOR THE FISCAL YEAR ENDING JUNE 30,
1996 (AS AMENDED LAST ON , 19 _).
Be it Resolved by the Council of the City of Iowa City, Iowa:
Sectmnl. Following notice pubhshed April 30, 1998 and the public hearing held on May 7, 1996,
the current budget (as previously amended) is amended as set out herein and in the detail by fund
type and activity that supports this resolution which was considered at that hearing:
REVENUES & OTHER FINANCING SOURCES
Taxes Levied on Property
Less: Uncollected Property Taxes*Levy Year
= Net Current Property Taxes
Delinquent Property Taxes
TIF Revenues
Other City Taxes
Lmense~ & Permits
Use of Money & Property
Intergovernmental
Charges for Services
Special Assessments
Miscellaneous
Other Financing Sources:
Total Revenues & Other Sources
EXPENDITURES & OTHER FINANCING USES
Commumty Protection
(pohce,hre,street I~ghtmg. etc.)
Human Development
(health. library. recreation, etc.)
Home & Community Environment
(garbage, streets, utilities, etc.)
Policy & Administration
(mayor, council, clerk. legal, etc.)
Non. Program
Total Expenditures
Debt Service
Cap~tol Projects
Net Operating Expenditures
Transfers Out
Total Expendituresrrransfam Out
Total Budget
as Certified Total Budget
or Last Current after Current
Amended Amendment Amendment
1 19,264,133 0 19,264,133
2
3 19.264,133 O 19,264,133
4
5 55,164 55.164
§ 440,000 440,000
7 612,855 612,855
8 1,501,214 2.002,402 3,503.616
e 13,634,575 3,301,533 16,936,108
lo 24,204.351 980,392 25,184.7,!.3
11 38,500 38,500
12 1,464,326 806,622 2,270.948
13 109,390,O81 {26,723,883) 82,666,198
~4 170,511.535 (19,539,270) 150,972,265
r5 9,934.419 731,170 10.665,589
18 6,569,653 1,731,378 . 8,301,031
17 124,940,369 113,523,O44) 111,417,325
t8 5,607,773 1,679,694 7,287,467
19 147,052,214
(9,380,802~ 137,671,412
20 9.427,250 37,572,915 47,000,165
21 91.913,032 (56,920,530) 34,992,502
22 45,711,932 9,966,813 55,678,745
23 22,641,307 35,442,784 58.084,O91
24 169,693,521 26.O61.982 1RE 7~ ~nq
by them, gave final consideration to the proposed amendment(s) to the budget and modifications
proposed at the hearing, if any. Thereupon. the following resolution was introduced.
RESOLUTION NO. 96-125
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30,
1996 (AS AMENDED LAST ON ,
Be ~t Resolved by the Council of the City of Iowa City, Iowa:
Section1. Following notice published April 30, 1996 and the public hearing held on May 7, 1996,
the Current budget (as previously amended) is amended as set out herein and in the detail by fund
type and activity that supports this resolution which was considered at that hearing:
REVENUES & OTHER FINANCING SOURCES
Taxes Levied on Property 1 19,264.1 33
Less: Uncollected Property Taxes-Levy Year 2
= Net Current Property Taxes
Delinquent Property Taxes
TIF Revenues
Other City Taxes
LicenseB & Permits
Use of Money & Property
Intergovernmental
Charges for Services
Special Assessments
M~scellaneous
Other Financing Sources:
Total Revenues & Other Sources
Total Budget
as Certified Total Budget
or Last Current after Current
Amended Amendment Amendment
19,264,133
3 19,264,133 O 19.264,133
4
5 55.1 64 55.164
6 440.000 440.000
? 612.855 612,855
8 1,501.214 2.002,402 3,503,616
9 13,634.575 3.301,533 16.936,108
10 24,204.351 980,392 25.184,743
11 38.5OO 38.500
12 1,464,326 806.622 2,270,948
13 109,390.081 (26,723,883) 82,666,198
t4 170,511,535 {19.539,270) 150,972,285
EXPENDITURES & OTHER FINANCING USES
Community Protection
(police.fire,street lighting. etc.)
Human Development
(health. hbrary, recreation, etc.)
Home & Community Environment
(garbage, streets, utilities, etc.)
Pohcy & Administration
(mayor, council, clerk. legal. etc.)
Non-Program
Total Expenditures
'Less: ' --
Debt Service
Capital Projects
Net Operating Expenditures
Transfers Out
Total Expenditures/Transfers Out
'~xcessTTevenues &-O~'~-~:es Ove~' --
(Under) Expenditures/Transfers Out
Beginning Fund Balance July 1
Ending Fund Balance June 30
15 9.934.419 731,170 10,665,589
18 6.569,653 1,731,378 . 8.301.031
t7 124.940,369 (13.523,044) 111,417.325
18 5,607,773 1,679,694 7,287,467
19 147,052,214 (9,380,802) 137,671.412
2o 9.427,250 37,572,915 47,000,165
21 91,913,032 (56,920,530) 34,992.502
22 45,711,932 9,966,813 55,678,745
23 22,641,307 35.442,784 58.084,091
2,~ 169,693,521 26,061,982 195,755,503
25 818,014 (45,601,252) (44,783,238)
26 27.863,674 61,221,645 89,085,319
27 28,681,688 15,620,393 44,302,081
pubhc
Is/
Resolution No. 96-125
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornbe~r¥ the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
' ~ The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Thornberry introduced and
delivered to the Clerk the Resolution hereinffier set out entitled "RESOLUTION
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $120,000
GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 1996", and moved:
that the Resolution be adopted.
ADJOURN and defer action on the Resolution and the proposal to
institute proceedings to the meeting to be held ato'clock
_.M. on the day of ,1996, at this place.
Council Member
was called and the vote was,
Norton
seconded the motion. The roll
AYES: Kubby, Lehman, Norton, Novick, Thornberry,
Vanderhoef, Baker
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 96-126
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHOPdZATION OF
A LOAN AGREEMENT AND THE ISSUANCE OF
$120,000 GENERAL OBLIGATION CAPITAL LOAN
NOTES, SERIES 1996
WHEREAS, pursuant to notice published as required by law, this Council has held
a public meeting and heating upon the proposal to institute proceedings for the
authorization of a Loan Agreement and the issuance of $120,000 General Obligation
Capital Loan Notes, Series 1996, for the purpose of paying costs of equipping the Fire
Department, including purchase of a fire track, and has considered the extent of
objections received from residents or property owners as to said proposal and,
ac~or[lingly the following ~tion is now considered to be in the best interests of the City
and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and takes
additional action for the ~thorization of a Loan Agreement and issuance in the manner
required by law of $120,000 General Obligation Capital Loan Notes, Series 1996, to
evidence the obligation thereof for the foregoing purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of
official intent under Treasury Regulation 1.150-2, because the City reasonably expects to
reimburse with the proceeds of the Notes, all or a portion of original expenditures
incurred in connection with the above purposes.
Section 3. The Clerk is authorized and directed to proceed on behalf of the City
with the negotiation of tern of a Loan Agreement and the issuance of General
Obligation Capital Loan Notes, Series 1996, evidencing the City's obligations to a
principal mount of $120,000, to select a date for the final approval thereof; to cause to
be prepm'ed such notice and sale information as may appear appropriate, to publish and
distribute the same on behalf of the City and this Council and otherwise to take all action
necessary to permit the completion of a loan on a basis favorable to the City and
acceptable to the Council.
PASSED AND APPROVED this ?th day of May
,1996.
ATTEST:
-5-
· t
Whereupon, the Mayor declared the hearing on the authorization of entering into a
loan agreement and the issuan~ of notes to be closed.
Whereupon, Council Member Ku bby introduced and
delivered to the Clerk the Resolution herein~er set out entitled "RESOLUTION
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $175,000
GENERAL OBLIGATION CAP1TAL LOAN NOTES, SERIES 1996," and moved:
[3
that the Resolution be adopted.
[3
ADJOURN and defer action on the Resolution and the proposal to
institute proceedings to the meeting to be held at o'clock
_.M. on the day of ,1996, at this place.
Council Member
called and the vote was,
Lehman
seconded the motion. The roll was
AYES: Norton, Novick, Thornberry, Vanderhoef,
Baker. Kubb¥, Lehman
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 96-127
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION OF
A LOAN AGREEMENT AND THE ISSUANCE OF
$175,000 GENERAL OBLIGATION CAPITAL LOAN
NOTES, SERIES 1996
WHEREAS, purs~mt to notice published as required by law, this Council has held
a public meeting and hearing upon the proposal to institute pmceerlings for the
authorization of a Loan Agreement and the issuance of $175,000 General Obligation
Capital Loan Notes, Series 1996, for a general corporate purpose, for the purpose of
paying costs of the improvement and equipping of recreation grounds, including a
lighting project at the University Softball Complex, and no petition was fded calling for
a referendum thereon. The following action is now considered to be in the best interests
of the City and residents thereof:
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and t~kes
additional action for the authorization of a Loan Agreement and issuance in the manner
required by law of $175,000 General Obligation Capital Loan Notes, Series 1996, to
evidence the obligation thereof for the foregoing general corporate purpose.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City
with the negotiation of terms of a Loan Agreement and the issuance of General
Obligation Capital Loan Notes, Series 1996, evidencing the City's obligations to a
principal amount of $175,000, to select a date for the final approval thereof, to cause to
be prepared such notice and sale information as may appear appropriate, to publish and
distribute the same on behalf of the City and this Council and otherwise to take all action
necessary to permit the completion of a loan on a basis favorable to the City and
acceptable to the Council.
Section 3. This Resolution shall serve as a declaration of official intent under
Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such
intent. It is reasonably expected that moneys may be advanced from time to time for
capital expenditures which are to be paid f~om the proceeds of the above loan agreement.
The amounts so advanced shall be reimbursed f~om the proceeds of the Loan Agreement
not later than eighteen months at~er the initial payment of the capital expenditures or
eighteen months ~er the property is placed in service. Such advancements shall not
exceed the loan amount authorized in this Resolution unless the same are for preliminary
expenditures or unless another declaration of intention is adopted.
PASSED AND APPROVED this 7th day of_ ~lay .1996.
ATTEST:
Clerk
Mayor ~(~' ~
PC~3ODRIC'O 773~ 1~ 1071404 !
-7-
Prepared by: Dan Scott, Civil Engineer. 410 E. Washington St., Iowa City, IA 52242 (319) 356-5144
RESOLUTION NO. 96-128
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1996 SANITARY
AND STORM SEWER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY
TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVER-
TISEMENT 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 28th day of
May, 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 4th day of June, 1996, or at such later time and place as
may then be fixed.
Passed and approved this 7th day of May , 1996.
ATTEST:
CITY CLERK
MAYOR
Approved by
Resolution No. 96-128
Page 2
it was moved by Lehman and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES: NAYS: ABSENT:
X
X
X
,X
X
X
Baker
Kubb¥
Lehman
· Norton
Novick
Thornberry
Vanderhoef
., ! ,. : _ _.~. ! ~ ............ ~ ,t-- /-',.~_.~.___.._._~._,.__~___~___.._.--
' \ ' '~ I ~ ~ , I / /
: '~-. ~,,. ~~-~-~. ~ . ~ ~ ~
~ ~", ~. '~ , ",', ' ' "' ' /I I I 1~ ~ Xx I ~ ~,, ~l :
~ ~ ' '- ~ ' ' ~ ~ ~'~' ~ q ~1 I~ F- ~l _, , __2
~- -= -,~:--~, ~ I
~ ....~ ......"' ~ ~' I t ~ 00URT STREET
~ r"-~" ,?x ...., %~--U~; ' ~ ~ /
~', · ~~ ~- ~ : ~ L - i.'-
L_.. ~-'~ ' ' ' ' . ~ ~- . I
' '. / ~ ' /~ ~ I~ ~ ', I ~ ~--~ j "~ "L'. , ~'~. /,
.... ~; / . ~,, ? I q ~-~-~ I ! I ,-'~-- ~1 ~- .. .~Z~
--~:' "., I'qx .-~,,'~ ~WHISPERING MEADOWS ~Z~
Prepared by: Charles Schmadeke, Public Works Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141
RESOLUTION NO. 96-129
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR CONSTRUCTION OF SILURIAN WELLS NO. 3
AND 4 IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT
FACILITIES PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISE-
MENT 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 28th day of
May, 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 4th day of June, 1996, or at such later time and place as
may then be fixed.
Passed and approved this 7th day of Navy , 1996.
ATTEST:
Approved by
Office
Resolution No. 96-129
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
X
X
Kubby
ABSENT:
the Resolution be
Baker
. Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142
RESOLUTION NO. 96-130
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR CONSTRUCTION OF THE MELROSE AVENUE
BRIDGE RECONSTRUCTION PROJECT, PHASE I [PROJECT NO. BR~-3715(2)--
8N-52] AND DIRECTING CITY CLERK TO PUBLISH NOTICE.
WHEREAS, this project involves the total reconstruction of tl~e Melrose Avenue Bridge, which
spans over the Iowa Interstate Railroad, and the Melrose Avenue pavement from Olive Court
in University Heights to just east of Hawkins Drive.
WHEREAS, the construction cost estimate is $1,669,000, of which $850,000 will be funded
by Federal-Aid Highway Bridge Replacement and Rehabilitation Program Funds, $35,000 by
U.S. West Communications relative to telephone facility supports and approximately 98,568
by University Heights; and
WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and
WHEREAS, bids will be accepted on June 4, 1996, at 9:00 a.m., Ames, iowa at the
Department of Transportation; and
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate
of cost for the construction of the above-named project were published as required by law by
the IDOT, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The plans, specifications, form of contract, and estimate of cost for the construction
are hereby approved.
The City Clerk is hereby authorized and directed to publish notice for the receipt of
bids, to be let by the IDOT, for construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the city.
Passed and approved this 7th day of Nay , 1996.
CITY CLERK
MAYOR
Approved by
Office,~'_ ~?_p,~
Resolution No. 96-130
Page 2
It was moved by Vanderhoef and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
---X--
X ,=
Baker
__ Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Denny Gannon, Asst. City Engineer. 410 E. Washington St., Iowa City, IA 52242 {319) 356-5142
RESOLUTION NO. 96-131
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1996 MAINTENANCE
AND REPAIR PROJECT - CAPITOL STREET PARKING RAMP, 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 e,m. nn the 28th day of
May, 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 4th day of June, 1996, or at such later time and place as
may then be fixed.
Passed and approved this 7th day of Nay ,1996.
ATTEST,
CITY CLERI~
MAYOR
Approved by
City Attorney s Office
Resolution No. 96-131
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Rob Winstead, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5145
RESOLUTION NO, 96-132
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE
RECONSTRUCTION PROJECT, STP-U-3715{8)--70-52, AND DIRECTING CITY
CLERK TO PUBLISH NOTICE.
WHEREAS, this project consists of widening the First Avenue pavement to three-lanes from
Muscatine Avenue to Ralston Creek including a right turn lane added to the east leg of
Muscatine Avenue and a new box culvert for Ralston Creek; and
WHEREAS, the construction cost estimate is $590,000, of which up to .~400,000 will be
funded by Federal Surface Transportation Program Enhancement Funds; and
WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and
WHEREAS, bids will be accepted on June 4, 1996, at 9:00 a.m., Ames, Iowa at the
Department of Transportation; and
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate
of cost for the construction of the above-named project were published as required by law by
the IDOT, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The plans, specifications, form of contract, and estimate of cost for the construction
are hereby approved.
The City Clerk is hereby authorized and directed to publish notice for the receipt of
bids, to be let by the IDOT, for construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the city.
Passed and approved this 7th day of Nay , 1996.
ATTEST: ~ ~,
' CITY CLERK
Approved by
Resolution No. 96-132
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
Baker
ABSENT:
the Resolution be
Baker
Kubb¥
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Marcia Klingaman, Associate Planner, 410 E. Washington St., Iowa Cib/, IA 52240 (319) 356-5237.
RESOLUTION NO. 96-133
RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAIVJ
FOR IIVIPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS.
WHEREAS, the City Council allocated $25,0OQ for Fiscal Year 1997 for the purpose of
funding grants to neighborhood associations so that they could make improvements in their
neighborhood, and
WHEREAS, the Neighborhood Council, a body representing leaders of the neighborhood
associations have been responsible for:
-developing the criteria and format for the grant application,
-establishing a method of evaluating the applications,
-reviewing and evaluating the applications,
-submitting this request to the City Council for their review, and
WHEREAS, the Neighborhood Council will be reviewing the progress of the grant activities
throughout the year and reporting to the City Council, and
WHEREAS, the Neighborhood Services Coordinator will be responsible for ensuring the
adequate completion of the projects and authorizing distribution of funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
I he C~ty Councd has reviewed the applications recommendation of the Neighborhood
Council for the distribution of funds as outlined in Exhibit A and finds the funding of
projects shown to be appropriate, so that the commencement of these projects can
begin July 1, 1996.
The Neighborhood Services Coordinator is authorized to administer the funds by
confirming completion of the improvements and approving disbursement of funds.
Passed and approved this 7th day of May ,1996.
ATTEST:
CITY CLERK
Resolution No. 96-133
Page 2
It was moved by Leh~n and seconded by
adopted, and upon roll call there were:
ThnrnhPrry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
Baker
Kubb¥
Lehman
Norton
Novick
· Thornberry
Vanderhoef
F': :'::VED 0 2
MEMO
Date: May 7, 1996
To: Iowa City City Council
From: Neighborhood Council of Iowa City
Re: 1997 Program for Improving Neighborhood (PIN)
Grant Recommendations
We have recently reviewed the 1997 grant applications presented by various
neighborhood associations for funding through the Program for Improving
Neighborhoods (PIN) Grant program. As you may recall, this is the second
year the City has made $25,000 in PIN funds available to neighborhood
associations to make improvements in their neighborhoods. We developed
the program guidelines, the ranking criteria, and process for evaluating the
applications, and have formulated a recommendation for your review and
approval at the May 7, 1996 City Council meeting.
This year, thirteen applications from five neighborhood associations were
submitted for a total request of $32,182.53. Since the review process began,
one application from the Pepperwood Neighborhood Association for $4000.00
(to install an additional parking pad for a Systems Unlimited Home on
Hickory Court) was withdrawn due to location problems. The Grant Wood
Neighborhood Association received a contribution of $998.00 (surplus profits
from a T-shirt sale) from the Grant Wood Parent Teachers Organi~tioh and
decreased their requests. Longfellow Neighborhood also felt that they could
reduce two of their grant requests by $1000.00 each and still enable them to
occur.
The review process we established to evaluate the applications included:
· applicant presenting applications
· the Neighborhood Council asking questions or requesting additional information
a follow-up meeting to allow time for the neighborhoods to respond to these
comments/questions.
Rather than assign a point ranking to each of the applications as had been done during last
year's evaluation, we decided that the available funding ($25,000) was only $184.53 short of
funding all of the projects with their reduced budgets. Friendship Neighborhood offered to
absorb the $184.53 difference. We feel that all of the project are worthy of funding and want
to recommend this to the City Council without assigning points to the individual projects.
The following briefly describes each of the PIN grant requests:
WELCOME TO THE PEPPERWOOD NEIGHBORHOOD - Pepperwood N. A.
Constructing and installing a welcome sign at the entrance of Pepperwood
Neighborhood near Keokuk and Sandusky
Original amount requested - $2500.00 (no reduction)
SANDUSKY SIDEWALK IMPROVEMENTS - Pepperwood N.A.
Installing missing sidewalks in two locations along Sandusky Drive
Original amount requested - $450.00 (no reduction)
TREES AND SHRUBS FOR THE PRAIRIE- Grant Wood N. A.
Planting trees and shrubs in the prairie area adjacent to Grant Wood School
Original amount requested - $549.00 Reduced to $76.15
SAFETY VILLAGE PLANTING - Grant Wood N A.
Planting trees and shrubs around the Safety Village area located at Grant Wood
School.
Original amount requested- $1096.08 Reduced to $955.50
PARK IMPROVEMENTS FOR FAIRMEADOWS PARK - Grant Wood N.A.
Installing playground equipment at Fairmeadows Park
Original amount requested - $5000.00 no reduction)
BIRD GARDEN - Grant Wood N. A.
Planting trees and shrubs in the bird garden area adjacent to Grant Wood School
Original amount requested - $2560.00 Reduced to $2175.35
NATIONAL REGISTER NOMINATION OF EMMA lIARVAT HOUSE - Northside N. A.
Hiring a consultant to develop nomination documents to request National Register
designation of the home at 332 E. Davenport
Original amount requested - $1000.00 (no reduction)
SCOTT PARK IMPROVEMENT PROJECT - PHASE II - Friendship N.A.
Installing an Adult Fitness Center at Scott Park as a follow-up to Phase l
improvements which included playground equipment and a shelter
Original amount requested - $3000.00 Reduced to $2843.00
RALSTON CREEK TRAIL INFORMATION KIOSK AND BENCHES - Longfellow N. A.
Constructing and installing an information kiosk and benches in the Ralston Creek
Trail area (adjacent to Longfellow Manor)
Originalamount requested - $5000.00 Reduced to $4000.00
TREE, SHRUB AND PERENNIAL PLANTING - Longfellow N.A.
Planting trees, shrubs and perennials along Ralston Creek Trail
Original amount requested - $ 5000.00 Reduced to $4000.00
LONGFELLOW TREES II - PRESERVING OUR HERITAGE- Longfellow N. A.
Planting 12 "Heritage" trees in the Longfellow neighborhood where replacement of
removed trees has not occurred
Original amount requested $1000.00 (no reduction)
ARCHITECTURAL/HISTORIC SITE SURVEY AND ]EVALUATION - Longfellow N. A.
Completing survey to identify the potentially significant historic resources in the
Longfellow area and identify properties eligible for designation as a local landmark,
historic district or a conservation district
Original amount requested - $1000.00 (no reduction)
Those applications that involved park and or tree planting projects were presented to the
Parks and Recreation Commission at their April 10 meeting. The commission expressed
favorable comments regarding the projects and offered their support in their funding
pursuit.
Complete applications are available for your review. Please contact Marcia Klingaman at
356-5237 if you would like to review the entire applications or if you have any questions.
The Neighborhood Council of Iowa City will provide a brief presentation of the 1997
Program for Improving Neighborhoods (PIN) Grant at the May 7 formal City Council
meeting. We look forward to discussing the 1997 PIN Grant applications with you then.
RESOLUTION NO. 96-134
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND DELOITTE AND TOUCHE L.L.P. TO PROVIDE
AUDITING SERVICES
WHEREAS, professional auditing services are required to provide an unbiased and independent
opinion on the city's annual financial statements in accordance with state and federal
regulations; and
WHEREAS, an Agreement for professional auditing services for fiscal years 1996-2000, for
a total amount of t~158,000, has been negotiated with and executed by Deloitte and Touche
L.L.P. 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 Deloitte and Touche
L.L,P,
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 Deloitte and Touche
L.L.P. for the Provision of Auditing Services, attached hereto and made a part hereof,
is in the public interest, and hereby approved as to form and content.
The Mayor is hereby authorized and directed to execute said Agreement for and on
behalf of the City of Iowa City, Iowa.
The City Manager is hereby authorized to negotiate subsequent one-year extensions
of the attached Agreement, and to execute Addenda, as appropriate.
Passed and approved this ?th
day of Ha.y ,1996.
A, ppr,oved by ~ /~
~'it~ne¥'s~'Offic~e~ .~...2-~.~'
It was moved by Y, uhh,y and seconded by
adopted, and upon roll call there were:
Lehman
the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
finacctg~audit.res
THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa
("City") and Deloitte and Touche L.L.P. ("D.T.").
Whereas, the City prepared a request for proposal (Exhibit A) to audit its financial
statements for the fiscal years ended June 30, 1996-2000, and D.T. submitted its proposal
(Exhibit B) and Total All Inclusive Maximum Price Bid (Exhibit C) dated March 29, 1996; and
Whereas, said proposals and D.T.'s Total All Inclusive Maximum Price Bid accurately and
fully describes the terms and conditions upon which D.T. is willing to perform the audit.
NOW, THEREFORE, IT IS AGREED:
1. The City hereby accepts the proposal (Exhibit B) and bid (Exhibit C) documents of
D.T. for the Audit and for the sums listed therein.
2. This Agreement consists of the following component parts which are incorporated
by reference:
a. Addenda Numbers: None;
b. Request for Proposals (Exhibit A);
c. Proposal (Exhibit B) and Bid (Exhibit C) Documents; and
d. This Instrument.
The above components are deemed complementary and should be read together.
In the event of a discrepancy of inconsistency, the more specific provision shall
prevail.
3. D.T. shall bill the City as the work progresses based on the hours of services
provided.
4. After Fiscal Year 2000, this contract may be renewed for additional one-year
increments, to be negotiated each subsequent year 60 calendar days prior to
contract extension, and to be agreed upon by both parties in writing and attached
hereto as an addendum.
~ 5J. The Agreement shall be governed by the laws of the State of Iowa.
6. D.T. is solely responsible for the means, methods, sequencing and procedures
used in fulfilling its obligations under this Agreement. D.T. is also solely
responsible for the safety of its personnel and its operations.
7. D.T. is not and shall not be deemed to be an agent or employee of the City of
Iowa City, but at all times is deemed to be on Independent Contractor.
8. Any provision of this contract which is determined to be invalid and/or illegal shall
in no way affect, impair or invalidate any other provision hereof, and remaining
provisions shall remain in full force and effect.
9. Termination of Agreement:
A. The City may terminate this contract without notice if D.T. fails to perform
the covenants or agreements contained herein.
D.T. shall be paid for all work satisfactorily performed to the date of
termination.
DATED this day of 1996.
By
CITY
Naomi J. Novick, Mayor
ATTEST:
By
(Title)
DELOITTE AND TOUCHE, L.L,P.
Marian K. Karr, City Clerk
ATTEST:
(Title)
(Company Official)
Approved By:
City Attorney's Office ~.~-~..=~. ~'~
City of Iowa City
MEMORANDUM
Date: April 5, 1996
To: City Council
City Manager
From: Donald J. Yucuis, Director of Finance
Craig Standish, Controller
Re: Bidding of Audit Services
We requested bids for financial audit services for the five fiscal years 1996 - 2000. Four bids
were received. They were evaluated by the Director of Finance and the Controller, and the
evaluation criteria were as follows:
Points
Governmental audit experience and quality of firm and staff
Audit Fee
Total Points
0-60
0-40
0-1 O0
Governmental accounting is a very specialized area and continually experiences a great deal of
change in accounting and reporting requirements. The annual audit is not just a financial audit,
but also includes a compliance audit and requires detailed knowledge of governmental reporting
requirements.
The audit fees over the last five years totaled $178,500, an average of $35,700 per year.
The table below shows the results of staff's evaluation and the bid amounts. Based on these
results, we recommend that the audit contract be awarded to Deloitte and Touche for five years.
RESULTS OF EVALUATION OF AUDIT BID PROPOSALS
Firm Charles Deloitte & Hogan & McGladery &
Bailly Touche Hansen Pullen
Technical Points 45 60 20 60
Fee Points 40 30 20 20
Total Points 85 90 40 80
Five-year Fee 136,750 158,000 180,325 184,000
Average Annual Cost 27,350 31,600 36,065 36,800
Ir~exim~stand~sh 4-5
Prepared by: Sylvia Mejia. Personnel Administrator, 410E. Washington St., Iowa City, IA 52240; 319-356-5025
RESOLUTION NO. 96-135
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE HOUSING AND
INSPECTION SERVICES DEPARTMENT AND THE AFSClVIE PAYPLAN BY
ADDING THE POSITION OF DEVELOPMENT ENFORCEMENT OFFICER.
WHEREAS, Resolution No. 95-50, adopted by the City Council on March 7, 1995, authorized
permanent positions in the Housing and Inspection Services 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, it is in the interest of the City to provide "in-house" environmental engineering
expertise to enforce Iowa City ordinances by the addition of a Development Enforcement
Officer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1, The budgeted positions in the Housing and Inspection Services Department be
emended by the creation of a Development Enforcement Officer.
2, The AFSCME payplan be amended by the addition of the position of Development
Enforcement Officer, paygrade 13.
Passed and approved this 7th day of t4a~v , 1996.
ATTEST: ~~
CITY CLERK
hum anrel~devenfof.res
Approved by
'~ City Attorney s Office
/ o0
Resolution No. 96-135
Page 2
It was moved by Nort. on and seconded by
adopted, and upon roll call there were:
K~hb,y
AYES: NAYS: ABSENT:
X
X
X
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 96-136
RESOLUTION ESTABLISHING TIME AND PLACE OF MEETINGS OF
THE CITY COUNCIL OF IOWA CITY, IOWA
WHEREAS, the City Council of Iowa City has provided by Ordinance No. 2342 of the Ordinanc-
es of the City of Iowa City, Iowa, that the time and place of regular meetings of the City Council
shall be set be resolution of the Council and,
WHEREAS, on August 25, 1981, the City Council by Resolution No. 81-233 set the time and
place for regular Council meetings to be every other Tuesday of each month at 7:30 o'clock
p.m. in the Council Chambers of the Civic Center, starting with the November 10, 1981,
meeting and,
WHEREAS, the Council deems it in the public interest to repeal said Resolution and establish
the following schedule:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
That Resolution No. 81-233 passed August 25, 1981, is hereby repealed and any other
resolutions dealing with the same subject matter are also repealed.
By this Resolution regular Council meetings of the City Council of Iowa City, Iowa, shall
be held on every other Tuesday of the month, excluding holidays, in the Council Cham-
bers of the Civic Center of Iowa City, Iowa starting at 7:00 o'clock p.m., Central Stan-
dard Time, or Central Daylight Time, whichever is in effect in the City of Iowa City at the
time of said meeting, said meeting times to become effective with the regular Council
meeting of July 2, 1996.
In the event a regularly scheduled Council meeting falls on a holiday. the City Council
shall determine whether or not to hold such meeting at another date, or to waive said
meeting.
Passed and approved this 7th day of Nay
,1996.
CITY CLERK
MAYOR
Approved by
I ;o l
Resolution No, 96-136
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
,X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa IA 52240 (319) 356-5041
RESOLUTION NO.
{ESOLUTION ESTABLISHING TIME AI
-IE CITY COUNCIL OF IOWA CITY,
PLACE OF MEETINGS OF
WHEREAS, the
es of the
shall be set be
,Council of Iowa City has
~ City, Iowa, that the time an(
of the Council and,
by ~rdinance No. 2342 ofthe Ordinanc-
ular meetings of the City Council
WHEREAS, on
place for regular
p.m. in the Council
meeting and,
25, 1981, the City
meetings to be
of the
by Resolution No. 81-233 set the time and
other Tuesday of each month at 7:30 o'clock
dc Center, starting with the November 10, 1981,
WHEREAS, the (:
the following schedule:
interest to repeal sald Resolution and establish
NOW, THEREFORE, BE IT I~ ~LVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
That Resolution No.
resolutions dealing'
passed August 25, 1981, is hereby repealed and any other
same subject matter are also repealed.
By this lular
be held on ever
bers of the Ci~;enter of
dard Time,
time said
meeting 2, 1996.
ncil meetings of the City Council of Iowa City, Iowa, shall
of the month, excluding holidays, in the Council Cham-
City, Iowa star~ing at 7:00 o'clock p.m., Central Stan-
whichever is in effect in the City of Iowa City at the
times to become effective with the regular Council
3. In the ~/ent a holiday falls on a)fly scheduled Council meeting, the City Council
shall..~6termine whether or not to ~ such meeting at another date, or to waive said
meTg-
Passed approved this day of , 1996.
MAYOR
Approved by
, Attorney's Office ,0~'-,~-~
CITY CLERK