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HomeMy WebLinkAbout1998-05-12 ResolutionPrepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040 RESOLUTION NO. 98-166 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND IOWA CITY COFFEE CO. D/B/A THE JAVA HOUSE FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Iowa City Coffee Co. d/b/a The Java House applied for temporary use of the public right-of-way at 21 1-1/2 E. Washington Street for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application and signed license agreement to the applicant. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this ~[2th ATTEST: CITY'~LERK day of Flay , 1998. Ap ved by ,. City Attorney's Office clerk~avahs.res Resolution No. 98-166 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND Iowa Ci~v Coffee Crimpany FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT 211~ E. Washington Street IOWA CITY, IOWA Hawkeye Bay States This Agreement is made between Limited Partnership {landowner), and (tenant), (collectively referred to as "Applicant") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, the City of Iowa City is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk cafe; and c~ ~. WHEREAS, City staff have examined the Applicant's request for a sidewalk.-c'af~e, ~ fdu~d same to be in substantial compliance with City regulations; and ~; ~ WHEREAS, said application has also been examined by the Design Review Committee, which recommended approval of the proposed sidewalk cafe, as submitted and/or as amended; and WHEREAS, such temp0rarv use of the public right-of-way is not adverse to the public use thereof; and WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest. 2 NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: Applicant/Landowner Hawkeye Bay States Limited Partnership owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: Applicant/tenant ~.~0~ ~..~1~( CO~:I':i=~ C~I}.///~V/~, ~l~'l~.. occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk cafe, as permitted by City regulations. City staff and the Design Review Committee have reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Application and Schematic Diagram, attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be compatible with the public's use thereof and that said use will not adversely affect the City's interests. .. Based on this review, the City now finds Applicant's proposed use of public right-of- way to be in the public interest, and that it is appropriate to permit Applicant's 3 temporary use of the public right-of-way as a sidewalk cafe in accordance with this Agraement, including2 Exhibit A, and also in conformance with all applicable local regulations concerning sidewalk cafes. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no'assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendum. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses purposes or locations must be specifically agreed to in writing by the City of Iowa City. Applicant further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that-the City is not empowered to grant permanent or perpetual use of its right-of-way for private purposes, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, as provided by §364.12, Code of Iowa (1993), and that the Applicant shall not be entitled to any compensation should the City elect to do so. a In the even~ ~na~ ~h_ '--~"''='~ consists of both ~----~^~ '.~_is ~aracra~h a~olies only to tenan~ and a -=. , ..... and -=e tanann. i__e =~=~t acrees to ~nde~ifv, defend _== and e~- hold ha~iess the C!ty, i~s ~ ~ =-v 5~ = ~ ~ claims, losses, ~'~=== .... - - ..~u-e, including Da~enu cf reasonable 4 whole or in part by any act or omission of the tenant including its agents or employees. The tenant further agrees to provide the City with a certificate of insur- ance coverage of the sidewalk cafe required by the Ci~y's-schedule of Class I! insurance coverage. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk cafe in accordance with the approved Schematic Diagram contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the conditions herein, especially regarding storage location of outdoor furnishings and equipment when the sidewalk cafe is not operating. 10. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other 19r/7 objects from the City's right-of-way, as provided in §364.12, Code of Iowa In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal to Applicant for collection in the manner of a property tax, as permitted by state and local law. 11. In consideration for the City's concerns for public safety on the public right-of- way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk care area (e.~.no "2 for 1" or "happy hour" specials). Applicant also agrees to 5 be responsible for proper education of Applicant's employees to comply with this provision. Applicant further agrees that there will be no increase in vehicular traffic on the City Plaza o4-abutting right-of-way as a result of set-up or removal of the sidewalk cafe furnishings or equipment and as noted in Exhibit A. Dated this Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. /c~-//1 day of '7~,~. ~ 1~'9 ~. CITY OF IOWA CITY, IOWA Ma~yor Applic!nt/Tenan~ arian arr, City Clerk Ap_plicant,~Tenant /~licant/Landowner John Solosk± Applicant/Landowner Applicant Applicant City AttOrney's Office 6 APPLICANT/OWNER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /L,} day of April, 1996 ,:~[, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John Soloski , to me personally known, and acknowledged the execution of the foregoing instrument to be his/A~ voluntary act and deed and by him/~ voluntarily executed. _..~_ D.I.. CHELF ' ~ MY CCUMISSION EXPIRES ......... Notary Public in and for the Sta~e of Iowa APPLICANTFFENANT'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~)(~ day of /I~. , A.D. 19_~__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the ~:~o.~ ~_..y,~- and ' , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said/~"o.r'~ C ¢'on[~z,J~ and r _ as such officers acknowledged the execution of said instrument'to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~1 ~ day of ~ , 1998, before me, Public in and for the State of Iowa, personally appeared Ernest' b/. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ~ ]~,~, passed by zhe 7 City Council on the /.,l '/"~ day of 7T~ , 1998, and that Ernest. Leh_man. and Marian K. Karr acknowledged th~ execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. legalSbey\lice nsa.swk Notary Public in and for the State of Iowa City of Iowa City MEMORANDUM Date: May 1, 1998 To: Design Review Committee From: Jim Schoenfelder, DRC Staff Assistant Re: Sidewalk Caf~ at 211-1/2 E. Washington Street (The Java House) Iowa City Coffee Co. has submitted a renewal application for a sidewalk cafb at 211-1/2 E. Washington Street (The Java House). The sidewalk caf~ ordinance requires that sidewalk cafes be subject to the design review process of the Design Review Ordinance. Staff has reviewed the design of the sidewalk cafb and has determined that the design of the caf~ is substantially the same as the design approved last year. The Committee has indicated that if the design of a caf8 is substantially the same as a previously approved design, the Committee does not need to review a renewal application. Therefore, the Committee will not be reviewing this application. Two years ago, cafes started to use flower boxes as a means to delineate the location of the sidewalk cafes for those individuals who are visually impaired. The Java House will be using cedar wood planters once again this year. The Java House planters contained only wood chips last year. This year's application indicates the planters will contain plants. As the Committee requested last year, the applicant is encouraged to plant flowers in the planters in order to add color to the streetscape. CC: Tara Cronbaugh City Clerk bc\memos\5-1 JS.doc Prepared by: Charles Schmadeke, Director, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5141 RESOLUTION NO. 98-167 RESOLUTION ACCEPTING THE WORK FOR CONTRACT 2 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS NAPOLEON PARK PUMPING STATION AND NORTH PLANT IMPROVEMENTS PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of Contract 2 of the Wastewater Treatment Connection Project, as included in a contract between the City of Iowa City and Kleiman Construction Inc., of Cedar Rapids, Iowa, dated June 26, 1996, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 12th day of A1-FEST: Ci~ERK ~. May ,19 98 Approved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res\contcac2.doc ENGINEER'S REPORT CITY OF I0 WA CITY May 7, 1998 Honorable Mayor amd City Council Iowa City, Iowa Re: Contract 2 of the Wastewater Treatment Connection Project Also known as Napoleon Park Pumping Station Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of Contract 2 of the Wastewater Treatment Connection Project has been completed by Kleiman Construction, Inc. of Cedar Rapids, Iowa, in substantial accordance with the plans and specifications prepared by Stanley Consultants, Inc.. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $5,771,952.20. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Charles Schh~adeke, P.E. Public Works Director 410 E~t$'r W ~.SIIIN(;I'ON firREEl' * IOWA CITY, |OWA 52240-1826 * 1319) 356-5000 · F~,X (319) 356-5009 Prepared by: Chuck Schmadeke, Director, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5141 RESOLUTION NO. 98-168 RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO ACT ON THE ClTY'S BEHALF IN SECURING PERMITS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS. WHEREAS, permission from various City, County, State and Federal agencies must be obtained prior to construction of many public improvements; and WHEREAS, an authorized representative of the City must sign the permits prior to commencement of work; and WHEREAS, the City Council has been advised and does believe it is in the City's interest to authorize the Director of Public Works to make application for and execute permits on the City's behalf for the construction of public improvements, now and in the future, without City Council review and authorization. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Director of Public Works is hereby authorized and directed to make application and execute necessary permits for the construction of public improvements as set forth above. Passed and approved this 12th day of Ma.y ,1998. ATTEST:c~ -~. ~ City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X x pweng\res\pubimpr. doc the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Doug Boothroy, Director of HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 98-169 RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRI- BUTIONS CONTRACT, RENTAL CERTIFICATE AND RENTAL VOUCHER PROGRAM. PROJECT NO IAO22V08001 WHEREAS, the City of Iowa City (the "Local Authority") proposes to enter into a revised contract (the "Consolidated Annual Contributions Contract") with the United States of America (the "Government") with respect to any "Project" as defined in the Consolidated Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract; and WHEREAS, entering into said Contract is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE LOCAL AUTHORITY THAT: The Consolidated Annual Contributions Contract is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tern is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Whenever the following terms are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Consolidated Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Consolidated Annual Contributions Contract. 3. This Resolution shall take effect immediately. Passed and approved this 12th ATTEST: CIT~LERK hisasst\res~contr21 .doc day of Ma~v , 1998. City Attorney's Office Resolution No. 98-169 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 98-170 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALNUT RIDGE PARTS SIX AND SEVEN, IOWA CITY, IOWA. WHEREAS, the applicant, Southgate Development Company, on behalf of the owner, John W. Kennedy Estate and Dorothy Kisner, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Walnut Ridge, Parts Six and Seven; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Walnut Ridge Parts Six and Seven, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 12th day of Nay , 1998. ppdadmin/res~alnut78.doc Resolution No. 98-170 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: To: From: Re: February 27, 1998 (For March 5 meeting) Planning & Zoning Commission Scott Kugler, Associate Planner SUB98-000!. Walnut Ridge, Parts 6 & 7 All deficiencies associated with this preliminary plat have been corrected. A grading plan and a sensitive areas site plan will have to be approved prior to City Council consideration of plat. This plat is ready to be voted on by the Commission. At the February 19 meeting, a question was raised about the neighborhood open space requirements for this subdivision. Since the previously approved preliminary plat for this property has expired, the property is now subject to any changes in the zoning or subdivision regulations that may have occurred since the approval of the expired plat. The need for compliance with the Sensitive Areas Ordinance has already been discussed in previous reports to the Commission. Likewise, the Neighborhood Open Space Ordinance also applies to this development. The Neighborhood Open Space Plan includes Walnut Ridge within the Clear Creek neighborhood open space district. This district is listed as having a neighborhood open space deficit of 18.13 acres, but that the need for open space in this area is not pressing until more development occurs. Potential resources for neighborhood open space included Camp Cardinal, and the possibility of a Mormon Trek Handcart Trail. The proposed 66.68 acre subdivision requires a total of 0.3 acres of open space. Because the open space calculations are based on the potential density of development, and the underlying zoning for this parcel is RR-1, Rural Residential, the open space requirement is relatively small in comparison to the overall development. The Parks and Recreation Commission will be discussing this plat and making a recommendation to City Council at its March 11 meeting. The Planning and Zoning Commission could either make its recommendation subject to the recommendation of the Parks and Recreation Commission, or make its own recommendation regarding how to handle the open space requirement. Earlier plats for this development have contained areas of common private open space, generally located along drainageways or streams and at the perimeter of the property. At one point, a trail system was being proposed throughout this private open space network. However, when the revised OPDH plan was approved in 1994, the trail system was dropped from the plans. Parts 6 and 7 contain similar areas of private open space that could likely accommodate a trail system, but none is being proposed. Given the relatively small amount of open space required the Parks and Recreation Director feels that fees in lieu of the actual dedication of open space may be preferable in this situation. The location and configuration of common private open space being proposed with this plat does not appear to lend itself to the establishment of a neighborhood park. The developer has indicated that he would rather dedicate the common open space areas already being provided than pay an additional fee. This issue will have to be resolved by Council, with consideration given to the recommendations of the two Commissions and the desire of the applicant. Staff concurs with the assessment of the Parks and recreation Director, and feels that fees in lieu of the dedication of park land would be more appropriate in this situation. The maintenance costs associated with a small public park in this area relative to the public benefit that would be gained makes the dedication of the proposed common open space areas questionable. STAFF RECOMMENDATION: Staff recommends that SUB98-0001, a request for preliminary plat approval of Walnut Ridge, Parts 6 and 7, a 66.68 acre, 20-lot residential subdivision located at the north terminus of Kennedy Parkway, be approved, subject to the approval of a grading plan and a sensitive areas site plan prior to Council consideration of the preliminary plat, and subject to the recommendations of the Parks and Recreation Commission regarding the Neighborhood Open Space requirements for this development. Approved by: /~~/~ Robert Miklo, Senior Planner Department of Planning and Community Development Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 98-171 RESOLUTION APPROVING FINAL PLAT OF WALNUT RIDGE, PART SIX, IOWA CITY, IOWA. WHEREAS, the applicant, Southgate Development Company, on behalf of the owner, John W. Kennedy Estate and Dorothy Kisner, filed with the City Clerk the final plat of Walnut Ridge, Part Six, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southwest Corner of the Southeast Quarter of the Fractional Southwest Quarter, of Section 7, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00°23'09"E (A RECORDED BEARING), along the West Line of the East One-Half, of the Fractional West One-Half, of said Section 7, a distance of, 2981.61 feet, to the Northwest Corner 1 Ridge, Part Five, in accordance with the Platz thereof Recorded in Plot Book 36, at Page 297, of the Record I Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence continuing N00°23'09"E, along said W. 757.89 feet; Thence S89°36'51"E, 100.83 feet; Thence N66°13'54"E, 139.05 feet; Thence N79°18'37"E, 282.49 feet; Thence S75°16'41"E, 157.08 feet; Thence N51 °37'54"E, 139.25 feet; Thence S40°29'02"E, 304.04 feet; Thence N53°46'48"E 280.47 feet; Thence S89°37'06"E, 129.59 feet, to a Point on the East Line of the East One-Half of the Fractional West One-Half of said Section 7; Thence S00°22'54"W, along said East Line, 728.98 feet, to the Northeast Corner of said Walnut Ridge Part Five; Thence N89°37'06"W, along the North Line of said Walnut Ridge, Part Five, 129.48 feet; Thence N83°38'19"W, along said North Line, 60.08 feet; Thence N78°39'30"W, along said North Line, 443.62 feet; Thence S81°20'49"W, along said North Line, 239.43 feet; Thence S69005'17"W, along said North Line, 491.81 feet, to the POINT OF BEGINNING. Said tract of land contains 20.44 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. Resolution No. 98-171 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are'hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 12th day of Ma.y ,1998. It was moved by Thornberry adopted, and upon roll call there were: and seconded by Norton the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadrnin~'es\walnut6.doc To: Planning and Zoning Commission Item: SUB98-0006. Walnut Ridge, Part 6 Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: STAFF REPORT Prepared by: Scott Kugler Date: April 16, 1998 Southgate Development Company 325 E. Washington Street Iowa City, Iowa 52240 Phone: 337-4195 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a 12-lot residential subdivision North terminus of Kennedy Parkway 20.44 acres PDH-1, Planned Development Housing Overlay North: East: South: West: Vacant, PDH-1; Undeveloped, P; Residential, PDH-1; Undeveloped, ID-RS. Residential, 2-8 dwelling units per acre Chapter 14-7, Land Subdivisions March 26, 1998 May 10, 1998 May 25, 1998 2 BACKGROUND INFORMATION: The applicant, Southgate Development Company, is requesting a final plat of Walnut Ridge, Part 6, a 20.44 acre, 12-1ot residential subdivision located in the OPDH-1, Planned Development Housing Overlay zone at the north terminus of Kennedy Parkway. A final OPDH plan is also being requested, but is not subject to review by the Commission. In the case of a single-family subdivision, the final plat and final OPDH plan will essentially be the same, but the Commission need not take any action on the OPDH plan. The preliminary OPDH plan and plat for Parts 6 and 7 of Walnut Ridge was recently recommended for approval by the Commission, and is under consideration by the City Council. The Commission's recommendation regarding the final plat should be subject to the approval of the preliminary plat prior to Council consideration of the final plat. Based on the Council's planned meeting schedule, it appears that the preliminary plat will be considered by the Council at its May 12 meeting. ANALYSIS: The proposed final plat appears to be in general conformance with the City's subdivision regulations and the pending preliminary plat. However, Public Works has not yet had the opportunity to review the most recent version of this plat, submitted on April 10. Staff recommends deferral pending review of the plat by the Public Works Department. If the plat is in order prior to the April 16 meeting, the Commission may proceed with its vote on this item. Legal papers and construction drawings have been received and are under review. Each will have to be approved prior to Council consideration of the final plat. Subdivision Design: The development of Part 6 will include the extension of one existing street, Kennedy Parkway, and one new street, Burr Oak Court. Burr Oak Court is to be a cul- de-sac extending west from Kennedy Parkway and providing access to eleven of the twelve proposed lots. A note has been added to the plat restricting direct vehicular access to lots 59 and 69 from Kennedy Parkway, which is a collector street. One lot, lot 70, is to have frontage only on Kennedy Parkway and therefore will have direct access to the collector street. In general, direct access to a collector street is not prohibited, but where an alternative access is possible from a local street the local street should be utilized. One access directly onto Kennedy Parkway should have little impact on its function as a collector street. A number of the infrastructure standards were waived for this development as part of the preliminary OPDH plan review, such as street and right-of-way widths, storm water detention, and the provision of sidewalks. The construction drawings will be reviewed with respect to the waivers approved as part of the preliminary OPDH plan. As a result, this development should be consistent with the existing portions of Walnut Ridge in terms of public improvements. Neighborhood Open Space: This subdivision is subject to the Neighborhood Open Space Ordinance, which requires that a total of .1 acres be dedicated for park land, or that an equivalent amount in fees be paid in lieu of the actual dedication of the park land. The Parks and Recreation Commission recommended that fees be required in lieu of the dedication of park land for the balance of the property. Staff recommends that the legal papers provide for the payment of fees in lieu of the dedication of park land to meet this requirement. The plat does indicate that a total of 4.1 acres of private common open space is being set aside in two outlots located along a stream corridor that runs along the south side of the subdivision, and along the east boundary of the property. These areas contain "pedestrian access (greenway) easements" to allow residents to make use of these areas, although no trails through these areas are being proposed. Sensitive Areas Ordinance: A stream corridor is located along the south edge of the subject property, and was shown on the preliminary plat. The final plat and final OPDH plan show the 30 foot stream corridor and its buffer area as an easement, which must remain undisturbed except for essential public utilities. Tap-on/Extension Fees: A watermain extension fee of 8395 per acre is required for this development, as well as a sanitary sewer tap-on fee of $1345.12 per acre. STAFF RECOMMENDATION: Staff recommends that SUB98-0006 be deferred pending Public Works' review of the most recent plat submitted for this application. Upon approval of the plat by Public Works, staff recommends that the request for a final plat of Walnut Ridge, Part 6, a 20.44 acre, 12-1ot residential subdivision located at the north terminus of Kennedy Parkway, be approved, subject to Council approval of the preliminary plat prior to its consideration of the final plat, and subject to staff approval of construction drawings and legal papers, providing for the dedication of fees in lieu of park land dedication, prior to Council consideration of the final plat. ATTACHMENTS: 1. Location map. 2. Final plat. Approved by: Jeff Davidso" ' n, Assistant Director Department of Planning and Community Development 66 67 63 I I I I 68 II 69 LEGEND AND NOTES _6t 60 .5.9. OLK~ FINAL PLAT and OPDH PLAN W-~ PA~T S~X Iowa Cit~, Iowa LOT CUF~ ~'GMENT TABLE 20.44 o~es LEGEND AND NOTES ~ ........ FINAL PLAT and OPDH PLAN ............ PART SIX ..'a~.~IF~TIN2~=~T Iowa City Iowa LOT CURVE SEGMENT TABLE ~ 66 67 ~',',68 ~ ,~ .... ~. .~- 70 ~ .. ' "64 -' !l 60 59 ~ ' ~' 62 .... ~ fB~ --~ ............ t ;~--~ , .. ~ ~, ~, ~ City of Io~ C1fy ,~-~ ~ I~,1-'~,1 ..... / ~-~ ...... ~ ,~ ~' ,.-'-+x~ ,~'~ Final Plat and OPDH Plan l_ .'='~ I i~ ................ . .... . .....~ ~ ~A~UT RIDGE - PART SIX Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 98-172 RESOLUTION APPROVING FINAL PL:AT OF WALNUT RIDGE, PART SEVEN, IOWA CITY, IOWA. WHEREAS, the applicant, Southgate Development Company, on behalf of the owner, John W. Kennedy Estate and Dorothy Kisner, filed with the City Clerk the final plat of Walnut Ridge, Part Seven, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Fifth Principal Meridian Iowa City, Commencing at the Southwest Corner of the Southeast Quarter of the Fractional Southwest Quarter, of Section 7, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00°23'09"E (A RECORDED BEARING), along the West Line of the East One-Half of the Fractional West One-Half, of said Section 7, a distance of 2,981.61 feet, to the Northwest Corner of Walnut Ridge, Part Five, in accordance with the Plat thereof Recorded in Plat Book 36, at Page 297, of the Records of the Johnson County Recorder's Office; Thence continuing N00°23'09"E, along said West Line, 757.89 feet; Thence S89°36'51"E, 100.83 feet; Thence N66°13'54"E, 139.05 feet; Thence N79°18'37"E, 282.49 feet; Thence S75°16'41'E, 157.08 feet; Thence N51°37'54"E, 139.25 feet to the POINT OF BEGINNING; Thence N40°29'02"W, 146.81 feet; Thence N49°30'58"E, 76.17 feet; Thence N08°07'31"E, 532.82 feet; Thence N61°25'42"E, 121.63 feet; Thence S89°37'06"E, 413.91 feet, to a Point on the East Line of the East One-Half of the Fractional West One-Half of said Section 7; Thence S00°22'54"W, along said East Line, 810.40 feet; Thence N89°37'06"W, 129.59 feet; Thence S53°46'48"W, 280.47 feet; Thence N40~'29'02"W, 304.04 feet, to the POINT OF BEGINNING. Said Tract of land contains 11.09 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. Resolution No. 98-172 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons· The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subd ivider. Passed and approved this 12th day of May ,1998. ATTEST:C~ ~. ~ It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadrninVes\walnut7 .do(: STAFF REPORT To: Planning and Zoning Commission Item: SUB98-0007. Walnut Ridge, Part 7 Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: Prepared by: Scott Kugler Date: April 16, 1998 Southgate Development Company 325 E. Washington Street Iowa City, Iowa 52240 Phone: 337-4195 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create an 8-lot residential subdivision North of Kennedy Parkway 11.09 acres PDH-1, Planned Development Housing Overlay North: East: South: West: Vacant, PDH-1; Undeveloped, P; Residential, PDH-1; Undeveloped, ID-RS. Residential, 2-8 dwelling units per acre Chapter 14-7, Land Subdivisions March 26, 1998 May 10, 1998 May 25, 1998 2 BACKGROUND INFORMATION: The applicant, Southgate Development Company, is requesting a final plat of Walnut Ridge, Part 7, an 11.09 acre, 8-lot residential subdivision located in the OPDH-1, Planned Development Housing Overlay zone north of Kennedy Parkway. A final OPDH plan is also being requested, but is not subject to review by the Commission. In the case of a single- family subdivision, the final plat and final OPDH plan will essentially be the same, but the Commission need not take any action on the OPDH plan. The preliminary OPDH plan and plat for Parts 6 and 7 of Walnut Ridge was recently recommended for approval by the Commission, and is under consideration by the City Council. The Commission's recommendation regarding the final plat should be subject to the approval of the preliminary plat prior to Council consideration of the final plat. Based on the Council's planned meeting schedule, it appears that the preliminary plat will be considered by the Council at its May 12 meeting. The Commission will also be considering a final plat for Walnut Ridge, Part 6, at its April 16 meeting. Since Part 7 is not contiguous with previously approved portions of Walnut Ridge, approval of Part 7 should be subject to the approval of Part 6. Part 7 will have no access via an approved and accepted public street until the portion of Kennedy Parkway contained in Part 6 is developed. ANALYSIS: The proposed final plat appears to be in general conformance with the City's subdivision regulations and the pending preliminary plat. However, Public Works has not had the opportunity to complete its review of the most recent version of this plat, submitted on April 10. Staff recommends deferral pending Public Works' review of the plat. If the plat is in order prior to the April 16 meeting, the Commission may proceed with its vote on this item. Legal papers and construction drawings have been received and are under review. Each will have to be approved prior to Council consideration of the final plat. Subdivision Design: The development of Part 7 will include the extension of one existing street, Kennedy Parkway, and one new street, Sumac Court. Sumac Court is to be a cul-de- sac extending northeast from Kennedy Parkway and providing access to all of the proposed lots. A note has been added to the plat restricting direct vehicular access to lots 71 and 78 from Kennedy Parkway, which is a collector street. Access along the local street is preferred where available. A number of the infrastructure standards were waived for this development as part of the preliminary OPDH plan review, such as street and right-of-way widths, storm water detention, and the provision of sidewalks. The construction drawings will be reviewed with respect to the waivers approved as part of the preliminary OPDH plan. As a result, this development should be consistent with the existing portions of Walnut Ridge in terms of public improvements. Neighborhood Open Space: This subdivision is subject to the Neighborhood Open Space Ordinance, which requires that a total of .05 acres be dedicated for park land or an equivalent amount in fees be paid in lieu of the actual dedication of the park land. The Parks and Recreation Commission recommended that fees be required in lieu of the dedication of park land for the balance of the property. Staff recommends that the legal papers provide for the payment of fees in lieu of the dedication of park land to meet this requirement. Tap-on/Extension Fees: A watermain extension fee of $395 per acre is required as a result of this development. In addition, a sanitary sewer tap-on fee of $1345.12 is required. STAFF RECOMMENDATION: Staff recommends that SUB98-0007 be deferred pending Public Works' review of the most recent plat submitted for this application. Upon approval of the plat by Public Works, staff recommends that the request for a final plat of Walnut Ridge, Part 7, an 11.09 acre, 8-lot residential subdivision located north of Kennedy Parkway, be approved, subject to Council approval of the preliminary plat and the final plat for Walnut Ridge, Part 6, prior to its consideration of this final plat, and subject to staff approval of construction drawings and legal papers, providing for the dedication of fees in lieu of park land dedication, prior to Council consideration of this final plat. ATTACHMENTS: 1. Location map. 2. Final plat. Approved by: Jeff Davidson, Assistant Director Department of Planning and Community Development LOCATION MAP' Walnut Ridge SUB98-0006 & 0007 FINAL PLAT and OPDH PLAN PART SEVEN Iowa City, Iowa 1917 K G[LI]~T STR~ ~uth~ta D~wlop~umt Company, · WA ~, 10~ 5~ M~ City, M~ Jo~ W ~y ~ ~ ~R~: e/o ~el ~y ~ E ~t 410 W~, b~ City, h ~ City, ~ Point of Beginning_. ' LOT CURVE 8EGluENT TABLE ' ., .... I nn , LEGEND AND NOTES .............. · ~'T-~-4*v tilts ~ ~ City of Io~ City .-if-//./::~ ........... ~ - ~ MMS CO.S~T~, INC RIDGE - P~T SE~N .......... ~ ...... Form 653.C Page 2 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of Johnson County, Iowa: The Council of the City of Iowa City, in said County met on May 12, 1998, 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. 98-173 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1998 (AS AMENDED LAST ON SEPTEMBER 9, 1997) Be it Resolved by the Council of the City of Iowa City, Iowa: Section1. Following notice published May 1, 1998 and the public bearing held on May 12, 1998, 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: Total Budget as Certified Total Budget after or Last Current Current Amended Amendment Amendment REVENUES & OTHER FINANCING SOURCES Taxes Levied on Property 1 20,424,857 0 20,424,857 Less: Uncollected Property Taxes-Levy Yea 2 = Net Current Property Taxes 3 20,424,857 0 20,424,857 Delinquent Property Taxes 4 TIF Revenues 5 62,000 62,000 Other City Taxes 6 456,000 456,000 Licenses & Permits 7 543,200 100.000 643,200 Use of Money & Property 8 3,066,127 1,224.375 4,290,502 Intergovernmental 9 20,532,963 1,057,379 21,590,342 Charges for Services 10 29,324,180 1,791,128 31,115,308 Special Assessments 11 41,110 41,110 Miscellaneous 12 3,383,729 (402,943) 2,980,786 Other Financing Sources: 13 112,647,197 (16,386,562) 96,260,635 Total Revenues & Other Sources 14 190,440,253 (12,575,513) 177,864,740 EXPENDITURES & OTHER FINANCING USES Community Protection 15 11,520,876 936,834 12,457,710 (police,fire,street lighting, etc.) Human Development 16 14,972,571 (166,601) 14,805,970 (health, library, recreation, etc.) Home & Community Environment 17 98,768,402 (9,569,658) 89,198,744 (garbage, streets, utilities, etc.) Policy & Administration 18 6,057,703 530,630 6,588,333 (mayor, council, clerk, legal, etc.) Non-Program Total Expenditures 19 131,319,552 (8,268,795) 123,050,757 Less: Debt Service 20 11,472,254 (1,194,298) 10,277,956 Capital Projects 21 63,194,597 (6,818,523) 56,376,074 Net Operating Expenditures 22 56,652,701 (255,974) 56,396,727 Transfers Out 23 77,530,196 (7,640,193) 69,890,003 Total Expenditures/Transfers Out 24 208,849,748 (15,908,988) 192,940,760 Excess Hevenues & Other Sources OVer (Under) Expenditures/Transfers Out 25 (18,409,495) 3,333,475 (15,076,020) Beginning Fund Balance July 1 26 74,641,424 54,823 74,696,247 Ending Fund Balance June 30 27 56,231,929 3,388,298 59,620,227 Reason: Increases in revenues and expenditures, including revisions to capital improvemenl projects as not in the notice of public hearing. Passed this ~]~ th d~y.~ rvla~/ ,1998.~ ~_ _ Resolution No. 98-173 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: X X X X X the Resolution be Champion I(ubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by Steven Nasby, Associate Planner, 410 E. Washington, Iowa City, IA 52240, (319)356-5248 RESOLUTION NO. 98-174 RESOLUTION ADOPTING IOWA CITY'S FY99 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan for FY99 as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for fiscal year 1999; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FY99 Annual Action Plan; and WHEREAS, the Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; and WHEREAS, adoption of the Annual Action Plan for FY99 will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Annual Action Plan for FY99 and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City Annual Action Plan for FY99, filed in the office of the City Clerk, be and the same is hereby approved and adopted. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Annual Action Plan for FY99 to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the Resolution No. Page 2 98-174 necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City Annual Action Plan for FY99o Passed and approved this 12th day of May ,1998. Approved by City Atfomey's Of~c'6" It was moved by Thornberry and seconded by adopted, and upon roll call there were: Kubby the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdcdbg\res\actplan.doc EXHIBIT A ECONOMIC DEVELOPMENT PROJECTS Business Expansion: Toms Precision Optics Request $105.000 Subtotal $105, 000 HCDC ($/12/98) Recommendation $ 75,000 $ 75,000 PUBLIC FACILITIES PROJECTS Facility Rehabilitation: Neighborhood Centers of Johnson Co. $ 21,140 Shelter Rehabilitation: Emergency Housing Project $ 49,645 Facility Rehabilitation: Community Mental Health Center $ 33,300 Acquisition of Building: Iowa Center for AIDS Resources & Education $150,000 Subtotal $254,085 $ 12,500 $ 25,945 $ 20,140 $120.000 $178,585 PUBLIC SERVICE PROJECTS Furniture Project: Domestic Violence Intervention Program Transitional Housing Support Services: Successful Living Transitional Housing Support Services: HACAP Aid to Agencies $ 8,300 $ 11,000 $ 12,387 $105,000 Sub~l$136687 $ 8,300 $ 11,000 $ 10,687 $105.000 $13~987 HOUSING PROJECTS Acquisition & Rehab: Greater Iowa City Housing Fellowship First Home Program: City of Iowa City Senior Rental Housing Construction: Pdverview Place Apartments Housing Rehabilitation: City of Iowa City Small Repair Program: Elderly Services Agency Tenant Based Rent Assistance: Iowa City Housing Authority Tenant to Owner Program: Iowa City Housing Authority $427,040 $ 50,000 $180,000 $5O5,OOO $ 30,0O0 $150,000 $100.000 Sub~l$1,442,040 $300,040 $ 30,000 $ 90,O00 $384,388 $ 26,000 $100,000 $ 77.000 $1,00~428 ADMINISTRATION HOME Program Administration CDBG Program Administration and Planning $ 59,700 $145.300 SubWml$20£000 $ 59,700 $145.300 $20~000 CONTINGENCY U~ro~ammedF~ds(5%) TOTAL $ 85.000 $2,227,812 $ 85.000 $1,686,000 Prepared by: Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5407 RESOLUTION NO. 98-175 RESOLUTION AUTHORIZING THE ADOPTION OF THE CHANGES TO THE SECTION 8 ADMINISTRATIVE PLAN AND PUBLIC HOUSING ADMISSION AND OCCUPANCY PLAN FOR THE IOWA CITY HOUSING AUTHORITY PROGRAMS WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of the Section 8 Administrative Plan and Public Housing Admission and Occupancy Plan for administration of the Certificate, Voucher, and Public Housing Programs; and WHEREAS, the housing assistance programs would benefit from the adoption of the revised changes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: A. That the following changes to the Section 8 Administrative Plan and the Public Housing Admission and Occupancy Plan be adopted as the policy of the Iowa City Housing Authority effective immediately: 1. To eliminate federal preferences. 2. To establish a local preference for the homeless. 3. To increase the minimum rents for public Housing and Section 8 recipients from $25 to $50. B. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 12th dayof May ,1998. CITY CLERK ;~..,,...~roved by City Attorney's Office hisasstYes~dmplan.doc Resolution No. 98-175 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: NAYS: XX X X X X Kubby. the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Virginia Stroud, Office Coordinator, 410 E. Washington St., Iowa City, 52240 (319) 356-5407 RESOLUTION NO. RESOb. UTION AUTHORIZING THE ADOPTION OF 8 ADMINISTRATIVE PLAN AND AND PLAN FOR THE IOWA PROGRA S CHANGES TO THE NG ADMISSION HOUSING AUTHORITY WHEREAS, the Authority and the Section 8 administration of the Council of the City of Iowa Ci functions as the Iowa City Housing ;nt of Housing and Development requires adoption of the Plan and Public Hous Admission and Occupancy Plan for cate, Voucher, and Publ Housing Programs; and WHEREAS, the housing changes. ,tance programs ~uld benefit from the adoption of the revised NOW, THEREFORE, BE IT RE,~ CITY COUNCIL OF IOWA CITY, IOWA: That the following changes to Admission and Occupancy Plaf Authority effective immediately: .~ction 8 Administrative Plan and the Public Housing )e adopted as the policy of the Iowa City Housing 1. To eliminate federal 2. To establish a local pr 3. To increase the minir rents $25 to $50. 4. To change the defir of family to / That the City Clerk is hereby authorized and resolution together wit~any necessary ( Department of Housing//and Urban Development. ? Passed and approved this ,' dayof homeless. Housing and Section 8 recipients from HUD and equal opportunity guidelines. :o certify appropriate copies of this as may be required by the 1998. ATTEST: CITY CLERK MAYOR Approved by ,, City Attorney's Office hisasst~res~,dmplan.doc Prepared by: Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5407 RESOLUTION NO. 98-176 RESOLUTION AUTHORIZING THE ADOPTION OF THE CHANGES IN THE DEFINITION OF FAMILY TO THE SECTION 8 ADMINISTRATIVE PLAN AND PUBLIC HOUSING ADMISSION AND OCCUPANCY PLAN FOR THE IOWA CITY HOUSING AUTHORITY PROGRAMS WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of the Section 8 Administrative Plan and Public Housing Admission and Occupancy Plan for administration of the Certificate, Voucher, and Public Housing Programs; and WHEREAS, the housing assistance programs would benefit from the adoption of the revised changes to the definition of family. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the following change to the Section 8 Administrative Plan and the Public Housing Admission and Occupancy Plan be adopted as the policy of the Iowa City Housing Authority effective immediately: 1. To change the definition of family to meet HUD and equal opportunity guidelines. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 12th day of May CITY CLERK ,1998. ,~a~roved City Attorney's Office hisass~es~admplan2.doc Resolution No. 98-176 Page. 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry ¥anderhoef 05/i2/1998 13:55 1-319-335-2637 UI SCHOOL OF ~JSIC PAGE 81 704 Manor Dr Iowa City, IA 52246 3:5 !-6287 May 1998 Iowa City City Council Fax: 356-5009 Dear Cotmoil Members: I would like to express my full support to the housing assistance proposal before you tonight. The issue at hand deals with discrimination, whether it is based on one's sexual orientation or a couple without children. While some members on the council may be against this proposal based on personal prejudices, one should keep in mind that the vote must represent the diverse community of Iowa City. I feel proud to live in a city that already offers domestic partnership certificates and that has a university which recogn/zes domestic partnership in its health benefits. We are fortunate to live in such a well-educated and fair-minded community. A negative vote on tonight's proposal is not only mean-spirited, but will truly be seen as a step backwards. Federal housing aid is based on economic need, not anything else. Hence, the public should have equal access to this aid, no matter who they are or what they believe in. Will you accep~ that the only way to receive such aid is to live the life that Mayor Lehman, Councilman Thomberry, Councilman O'Donnell deem appropriate? Such thinking smacks of bigotry, and is prejudicial and discriminatory. David Gomppcr I encourage the city council to vote in favor of this proposal and in favor of equality. Federal Housing Assistance for Same-Sex Partners Maintain Low Minimum Rent Standard We, the undersigned, support the right of same-sex partners to receive federal housing assistance. With politicians at the state and national levels refusing to recognize same-sex marriages, we demand that our local officials take a stand against discrimination on the basis of sexual orientation. However, we oppose the proposed rise in the minimum rent. Paying more rent, those who receive housing assistance will be less able to work, having fewer dollars to pay for child-care and/or transportation. In the wake of Clinton's 1996 Welfare Reform, the state of Iowa ranks 40th in helping its poor i~nprove their economic circumstances, according to a February, 1998 study by the Tufts University Center for Poverty and Hunger. A $25 hike in the minimmn rent would be one more step in the wrong direction. Therefore, we call on the Iowa City City Council to amend and adopt the current proposal, providing federal housing assistance to same-sex couples and maintaining the current minimum rent standard. Name /! Federal Housing Assistance for Same-Sex Partners Maintain Low Minimum Rent Standard We, the undersigned, support the right of same-sex parmers to receive federal housing assistance. With politicians at the state and national levels refusing to recognize same-sex marriages, we demand that our local officials take a stand against discrimination on the basis of sexual orientation. However, we oppose the proposed rise in the minimum rent. Paying more rent, those who receive housing assistance will be less able to work, having fewer dollars to pay for child-care and/or transportation. In the wake of Clinton's 1996 Welfare Reform, the state of Iowa ranks 40th in helping its poor improve their economic circumstances, according to a February, 1998 study by the Tufts University Center for Poverty and Hunger. A $25 hike in the minimum rent would be one more step in the wrong direction. Therefore, we call on the Iowa City City Council to amend and adopt the current proposal, providing federal housing assistance to same-sex couples and maintaining the current minirotan rent standard. q Federal Housing Assistance for Same-Sex Partners Maintain Low Minimum Rent Standard We, the undersigned, support the right of same-sex partners to receive federal housing assistance. With politicians at the state and national levels refusing to recognize same-sex marriages, we demand that our local officials take a stand against discrimination on the basis of sexual orientation. However, we oppose the proposed rise in the minimum rent. Paying more rent, those who receive housing assistance will be less able to work, having fewer dollars to pay for child-care and/or transportation. In the wake of Clinton's 1996 Welfare Reform, the state of Iowa ranks 40th in helping its poor improve their economic circumstances, according to a February, 1998 study by the Tuffs University Center for Poverty and Hunger. A $25 hike in the minimum rent would be one more step in the wrong direction. Therefore, we call on the Iowa City City Council to amend and adopt the current proposal, providing federal housing assistance to same-sex couples and maintaining the current minimum rent standard. Name Address Phone Date: To: From: Re: May 5, 1998 Iowa City City Council Maggie Grosvenor, Housing Administrator Federal and Local Preferences, Minimum Rent and Definition of Family The following changes are being recommended to be adopted by the Iowa City Housing Authority in accordance with Department of Housing and Urban Development regulations. These policy changes were reviewed by the Housing and Community Development Commission on April 16 and with City Council's approval will be incorporated into the Section 8 Administrative Plan and the Public Housing Admissions and Occupancy Plan. 1. Eliminate federal preferences. 2. Establish local preference for homeless. 3. Increase minimum rents from $25 to $50 per month. 4. Change the definition of family to meet HUD and EEO guidelines. ELIMINATION OF FEDERAL PREFERENCES The Department of Housing and Urban Development (HUD) previously required Housing Authorities (HA) give priority to applicants who met any one of the following federal preferences: 1. Involuntarily displaced; 2. Living in substandard housing; and 3. Rent burdened. The purpose of federal preferences was to give applicants with a preference priority over applicants without preferences. HUD has suspended the federal preference requirement and authorizes housing authorities to eliminate their use. Federal preferences have been found ineffective and significantly slow down processing of applications. ESTABLISH LOCAL PREFERENCES Housing Authorities may establish local preferences to meet community goals concerning low-income housing assistance. It is proposed, that the Housing Authority adopt a local preference for homeless families. Homeless families are in crisis and should be given a preference for assistance. The following preference is recommended. Homeless Preference. An applicant qualifies for this preference if homeless at the time of application and at the date of eligibility. Third party verification of homeless status is required from one of the following agencies: Emergency Housing Project, Domestic Violence Intervention Program, Hawkeye Area Community Action Program and Successful Living. Other agencies serving the homeless may provide verification upon approval by the Iowa City Housing Authority. Federal and Local Preferences, Minimum Rent and Definition of Family May 5, 1998 Page 2 INCREASE MINIMUM RENT In 1996 the Iowa City Housing Authority adopted the statutory minimum rent standard of $25 for participants in both the Section 8 and Public Housing programs. HUD gives Housing Authorities discretion to raise the allowable minimum rent to $50. Due to HUD's emphasis on budget reductions in the certificate and voucher programs as well as in its support of public housing, the Housing Authority is proposing raising its minimum rent standard to $50 to help its fiscal position, as well as endorse tenant accountability. The Housing Authority records indicate that a minimum rent of $50 impacts 41 families in the Section 8 Program and 6 Public Housing families. With the adoption of a $50 minimum rent, the Housing Authority will include a hardship provision for exempting certain families with extenuating circumstances. CHANGE DEFINITION OF FAMILY The basic definition of family is outlined for every Housing Authority in the Code of Federal Regulations (982.201). This regulation also allows each HA to "determine if any other group of persons qualifies as a family". With this in mind, the proposed definition of family is broadened to include domestic partnerships. Please note that these changes are in accordance with the Human Rights definition adopted by the Iowa City Council in 1994 and the Zoning Ordinance definition adopted in 1983. The definition of family as per HUD CFR 24 § 982.201: (The proposed changes are underlined, the other definitions are quoted from the Federal Register.) (c) Family composition. (1) A "family" may be a single person (as defined in ~6 below) (2) A "family" includes a family with a child or children. (3) A group of persons consisting of two or more elderly persons or disabled persons living together, or one or more elderly or disabled persons living with one or more live-in aides is a family. (4) Persons who are re(~istered as domestic partners and who are eligible to obtain a certified statement of domestic partnership from the City Clerk, Citv of Iowa City. (Human Rights Definition) (5) Two or more persons related bv blood, marria(~e, adoption or Placement bv a Qovernmental or social service aclencv.(Zoning Definition) (6) A child who is temporarily away from the home because of placement in foster care is considered a member of the family. (6) A single person family shall be: (I) An eldedy person. (ii) A disabled person 18 years or older who is, at the date of eliqibilitv, not declared as a dependent by a parent or Quardian. Prepared by: Machele Wiebel, Personnel Generalist, 4'10 E. Washington St., Iowa City, IA 52240 (319) 356-5025 RESOLUTION NO. 98-177 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ASSISTED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND AMENDING THE AFSCME PAY PLAN WHEREAS, Resolution No. 97-73, adopted by the City Council on March 4, 1997, authorized permanent positions in the Assisted Housing Division of the Housing and Inspection Services Department for FY98; and WHEREAS, Resolution No. 98-95, adopted by the City Council on March 10, 1998, authorized permanent positions in the Assisted Housing Division of the Housing and Inspection Services Department for FY99; and WHEREAS, Resolution No. 96-147, adopted by the City Council on May 21, 1996, established a classification/compensation plan for AFSCME employees; and WHEREAS, organizational change is necessary to improve customer service, reduce operational costs, and improve the efficiency and productivity of the Housing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT The budgeted a. The positions in the Assisted Housing Division be amended by: deletion of the following positions: One Leased Housing Receptionist, AFSCME, grade 2. One Clerk/Typist-Leased Housing, AFSCME, grade 3. One Intake Worker, AFSCME, grade 5. One Housing Management Aide, AFSCME, grade 6. One Office Coordinator - AFSCME, grade 7. Two Housing Specialists - AFSCME, grade 11. b. The addition of the following positions: Five Housing Program Assistants, AFSCME, grade 7. One Housing Office Manager, AFSCME, grade 10. Resolution No. 98-177 Page 2 The AFSCME payplan be amended by: a. The deletion of the following positions: Leased Housing Receptionist, AFSCME, grade 2. Clerk/Typist-Leased Housing, AFSCME, grade 3. Intake Worker, AFSCME, grade 5. Housing Management Aide, AFSCME, grade 6. Office Coordinator - AFSCME, grade 7. Housing Specialist - AFSCME, grade 11. b. The addition of the following positions: Housing Program Assistant, AFSCME, grade 7. Housing Office Manager, AFSCME, grade 10. Passed and approved this 12th CI'Df"~LERK It was moved by Thornberr.y adopted, and upon roll call there were: AYES: day of May ,1998. and seconded by Vanderhoef the Resolution be NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef humanreEres~assthous.doc City of Iowa City MEMORANDUM Date: To: From: Re: May 8, 1998 .~ ~ , ~r~vic Iowa City Housing Author Douglas Booth roy, Director dTI lud., es Maggie Grosv r,~ Reorganization of the Iowa City Hou.,~ing Authority INTRODUCTION This memorandum recommends major reorganization of the Iowa City Housing Authority. The downsizing and redefinition of HUD coupled with fewer federal dollars has resulted in housing authorities being asked to do more with less. It is essential for the Housing Authority to recognize and respond to these changes. The Housing Authority must redefine itself and become as efficient and effective as possible. The "old ways" of doing business are no longer workable as they result in inefficiencies, duplication of effort, economic waste, and impaired productivity. Organizational change is absolutely necessary in order to preserve the essential continuity of the Housing Authority services and to meet any additional demands. PROPOSED ORGANIZATIONAL CHANGES 1. Reduce the existing organizational hierarchy through elimination of six different levels of job specialization (Receptionist, Clerk Typist, Intake Worker, Housing Management Aide, Office Coordinator, and Housing Specialist) and create two job levels entitled "Housing Program Assistant" and "Housing Office Manager" (see attached organizational charts). 2. Establish five Housing Program Assistant positions as "generalists" cross-trained in all program requirements. These new positions will have shared responsibility for carrying out the responsibilities of the staff positions eliminated. Housing Program Assistants will understand and be cross-trained to perform not only the process they are assigned, but other processes as well. The Public Housing and Section 8 Coordinators have the responsibility for managing the overall process, making non-routine decisions and trouble- shooting. 3. Reduce the number of authorized staff positions from 12 to 11. This staff reduction is possible because the reorganization includes more efficient processes, new staffing assignments with cross-training, and improved use of technology. BACKGROUND Prior to recommending these organizational changes, an analysis of all Housing Authority operations was conducted. This analysis included a review of every process and staff position, consultation with the Department of Housing and Urban Development, and surveys of similar sized housing authorities. The new organizational structure is "flatter", with more horizontal integration, and fewer staff. It is designed to address issues concerning customer service, productivity, decision making, and the budget. · Customer Service. Customer service suffers under the existing organization due to the fragmentation of responsibilities assigned to staff. Clients are often confused as to who to contact. If the appropriate staff person is unavailable; clients are sometimes unable to receive satisfactory May 8, 1998 Page 2 service. Staff may not have the knowledge or the responsibility to meet customer needs outside their area of specialization. This issue is being addressed under the proposed organizational structure by giving the appropriate level of knowledge, authority and responsibility to front-line employees. Each Housing Program Assistant (first point of customer contact) will be empowered to help customers gain access to a complete range of Housing Authority services. Housing Program Assistants will have broad knowledge of the housing authority programs (from the initial application for assistance to program participation) and will have the authority to make necessary day-to-day routine client decisions. Housing Program Assistants will be cross-trained and have shared responsibilities which will improve customer access to service. Clients benefit from this change by being able to get more immediate attention to their problems and requests. In the new organization, the number of staff assigned to process client applications increases from three (Section 8 Coordinator and two Housing Specialists) to six (Section 8 Coordinator and five Housing Program Assistants). This change improves the staff/client ratio from 1/300 to 1/150 and should result in more individual client attention and improved quality of service. This change in the staff/client ratio is also consistent with HUD's recommended staffing ratio of 1.5/200. The proposed organizational changes are designed to accomplish three primary goals related to quality of service: 1. Meet or exceed the expectations of the client (i.e., low-income families/landlords). 2. Maintain or reduce operational costs. 3. Improve employee effectiveness. · Productivity. The processing of client requests is inefficient under the current organizational structure. Presently an applicant's housing assistance file is processed by a minimum of five different employees from application to lease signing. Passing the file down the "assembly line" is inefficient, confusing and costly. It invites multiple processing errors, wastes staff time, and results in monthly customer service problems (e.g., delays in housing assistance, inaccurate rent payments, etc.). The current process creates inconsistency in customer service and undermines the credibility of the Housing Authority. In the proposed organizational structure, all Program Assistants will be cross-trained and share responsibility to manage the process and to maximize customer service. These generalists will be given direct responsibility for "shepherding" an applicant's housing request through the process instead of passing it off to a staff person unfamiliar with the applicant or the file. The Housing Program Assistant will be responsible for ensuring that timely service is provided and that the applicant's file/request is processed expeditiously and accurately. Quality of service will be improved because the staff who are closest to and work with the process (i.e., front-line employees) will be responsible for its success. These changes will improve accountability and productivity. · Decision-Makinq. The existing system is based on the assumption that dividing the process into segmented tasks/job assignments creates an efficient and effective process. This assumption has proven May 8, 1998 Page 3 to be false. The existing structure fragments the decision-making process, causing confusion and delay in the processing of customer requests. In addition, the existing system places heavy emphasis on communicating through downward channels. Downward communication is frequently misinterpreted, may not trickle down to the front-line employees, and sometimes results in individuals working at cross purposes within the organization. Obviously, when communication suffers, so does productivity and quality of service. The proposed "flatter" organizational structure is designed to maximize process capability and customer service. The horizontal communication required in this structure will result in more participative, consistent and timely decision-making. It empowers front-line employees, increases shared job responsibilities, promotes teamwork, and shortens lines of authority. Client requests/files will remain active without the disruption which results from passing a file "down the line." · Bud.qet. Due to the reorganization and downsizing of HUD, the Housing Authority expects to see fewer dollars for Comprehensive Improvement Assessment Program (CLAP) related projects and performance funding. It is also likely Congress will, at some point, freeze Section 8 certificates and voucher funding at existing levels and/or reduce funding. Any limitations on Section 8 contracts affects administrative fees earned which in turn impacts Housing Authority operations (e.g., level of staffing, etc.). Because Housing Authorities are being asked to do more with less, it is essential to be as efficient as possible to maintain the current service level and accommodate any increasing demands. The proposed organizational changes recognize and plan for reduced federal funding. These changes will improve the efficiency and effectiveness of the Housing Authority without increasing the cost of operation. The staffing changes being recommended decrease operational expenses by approximately $30,000 annually. CONCLUSION It is imperative that organizational changes be made to improve customer service, reduce operational costs, and improve the efficiency and productivity of the Housing Authority. As described above, this is accomplished with the complete overhaul of all processes, empowerment of front-line employees, cross-training of staff, increased shared responsibilities, greater use of teams, and improved application of technology. Attachments hisadm/mem/icha.doc Proposed Housing Authod: .ty Flow Cha~ Housing: Administrator Public Housing: Coordinator Housing Program Assistant Section 8 Coordinator Housing: Office Mana.~er I Housing Program Assistant Housing Program Assistant J J J I Housing Program Assistant Housing Program Assistant Mainte- nance Worker Current Position New Position Informal Authority (Work Coordination) Formal Authority Existing Housing Authority Flow Chart Housing Administrator Public Housing Coordinator Section 8 Coordinator Housing Housing Specialist Specialist Of~:e Coordinator Mainte- nance Worker Housing Manage- ment Aid Intake Worker Clerk Typist Recep- tionist Step I. If qualifications including skills, abilities, and experience of the applicants relatively equal, the employee with the ~ ~iority will be off~ the job first, except as provided in Section 3, subsection b.2.(a) of this Article. Stop H. ff tbe qualifications of current employees are marginal but equal to outside applicants they will-be o~ the position if it is to be filled, subject to the fia'd~er provisions of Section 3, subsection b.2.(b) of this Arti¢le~ Redtmtion in Force. R~dt~ons in force will be by depaflmeutal division according to seniority in the jobs nffe~ with the per'~oa having the least seniority within classifica- tion to be !aid off first. The City will give fifi~n (15) days notice to employees who are to be laid off except in an emergency. Temporary, casual and seasonal employees within classification (e.g. those job titles listed in Appendix A) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as pose'hie prior to a c, ontetnp_!nl~l layoff in order to ptovid~ ti~ most equitable treatment to employees who are to be laid off. The City will at~mpt to accomplish red,~tion in for~ by attrition. An employee whose job is to be ~d,: -~d may'be tmnsfesx~ to vacancies Employ~ notified of lay-off or who am subject to recall from lay-off trader Section 3, Subsection ¢. of this Article shall be given the opportunity to bid for new or vacant non-promotional positions to be filled by the City as follows: (a) When competing with other bargaining unit employees, a laid-off employee will be off-er~ the job first whe~ qualifications, including skills, abilities and experience of' the applicants are rchtively equal without regard to seniority. When competing with applicants who are not employees of the City, laid-off employees shall be offered the job first where the City dem'- mines the !aid-off employee has the abilities to adequately perform the job under normal supervision. If no vacancies exist a mor~ senior employee being !aid off shall bump the employee with the least Seniority in their classification within their department;, but, if no such person or position exists, the hid-off employee may bump the least senior employee in a position within tileiF classification in the bargaining unit. If no such person or position exists. within the bargaining unit, a !aid-off employee may bump the least senior employee in a job outside their ¢tassifica- tion within their department and, if' no such person or job exists, then the baro,=~ining unit. Provided, however, an employee shall not bump into a job without seniority, proper credentials (including prior recorded experience in the job with the City;, except whcrc a !aid-off employee was placed in the job out of promotional sequence in the clerical, mainmnance worker, plant operator, mechanic, librarian, dispatcher, planner/program afialyst and constraction inspector series), arid the abitity to perform the duties of the job under norma! 19 supervision. A person shall first bump into the highest classification which also meets.the precedin8 conditions. Bumping shall not result in any promotion. In no event shall a ~ull-time employee be forced to bump thc least senior employee when it would result in decreased* hours of work or shall part-time employees bump into ~ull-time positions unless their total seniority is eremet based on a comparison of computation of time actually worked. Recall from Layoff. The names of permanent employees !aid off shall be placed on a re-employment list for the jobs affected in the layoff. Such persons shall be eligible for re-employment in reverse order of layoff in the job from which they were removed for a period of two (2) years, provided that they are still qualified and able to perform the job. Employees may apply for vacancies in the City in titles other than those affected by the. layoff during the period that they arc on the recall list while maintaining their option to return tO the job fi~n which they were laid off. When an employee is notified by certified mail to last known address to return to work, he/she must make ammgements to return to work with the immediate supervisor within seven (?) days or be removed from the recall list. An employee on the recall list will accrue seniority pursuant to Section 1 of' this article and will be entitled to exercise seniority acxrued prior .to layoff after their return to work. Preferred Shift. Employees may use seniority to bid on a prgfim~ shift or transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will first be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period. Employee C~tion. A transferred employee shall be granted up to ten (10) days to determine if he/she wants to cent/hUe in the position to which he/she voluntarily transferred. If during the option period the employee desires to do so, he/she may return to the previous position. 'City Option. The length of the trial period I'or a person who is transferring to another position -within the City will be adapted to tbe type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) Working days except by agreement between the City and the Union. A transletTed employee agrees not to initiate another transfer for six (6) months. This limitation on voluntary transfers does not apply to promotions. If the empioyee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. Section 5. Compensation after Transfer. When an employee transfers to another position within the same or a lower range he/she shall move to a stop and rate of pay within the range of the position transfen~ to with pay to be determined on the basis of' relative skills, abilities, experience and seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in no event will be less than one step higher. 2O Prepared by: Jeff McClure, Engineering, 410 E. Washington St., Iowa City, IA 52240, 319-356-5138 RESOLUTION NO. 98-178 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SOUTHGATE AVENUE AND WATERFRONT DRIVE PAVING IMPROVEMENTS AND WEST PEPPERWOOD RELIEF SEWER PROJECT WHEREAS, Metro Pavers, of Iowa City, Iowa has submitted the lowest responsible bid of $627,286.80 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to Metro Pavers, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 12th day of Play , 1998. ATTEST: Ci/~~ERK ~' Approved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: X X X X X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng/res/st hgwt rf.doc ADVERTISEMENT FOR BIDS SOUTHGATE AVENUE AND WATERFRONT DRIVE PAVING IMPROVEMENT AND WEST PEPPERWOOD RELIEF SEWER PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 5~ day of May, 1998, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 12'h day of May, 1998, or at such later time and place as may then be scheduled. The Project will involve the following: 6,300 SY of 8" PCC Paving 1,710 LF of Storm Sewer 1,170 LF of Sanitary Sewer 1,580 LF of 8" Water Main All work is to be done in strict compliance with the plans and specifications prepared by Richard A. Fosse, P.E., City Engineer, City of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by AF-1 the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 50 Late Start Date: May 18, 1998 Liquidated Damages: $250 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. A $25 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by: Jeff McClure, Engineering, 410 E. Washington St., Iowa City, IA 52240, 319-356-5138 RESOLUTION NO. 98-179 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL PROJECT - BURLINGTON STREET TO NAPOLEON PARK WHEREAS, Peterson Contractors, Inc. of Reinbeck, Iowa has submitted the lowest responsible bid of $1,31 2,306.32 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to Peterson Contractors, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. ~ The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that' awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 12th day of May , 1998. ATTEST: CIT~Y~ERK App_rov..ed by City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Vanden'hoer the Resolution be AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef pweng/resAarivcor.doc NOTICE TO BIDDERS STATE OF IOWA, APRIL 28, 1998 Sealed bids will be received by the Iowa Department of Transportation, at the Office of Contracts in Ames, Iowa and at its official depository on the third floor of the Marriott Hotel, Des Moines, Iowa, until 9 o'clock A.M. C.T. on the above date, for the various items of construction and/or maintenance work listed below. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts at Ames, Iowa 50010. Opening and reading of the bids will be performed at the Iowa Department of Transportation at Ames, Iowa, after 9 o'clock A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. A Proposal Guarantee in an amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certi- fied share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorse- ment to the Contracting Authority signed by the bidder or the authorized agent. A Bid Bond, properly completed on the Form No. 650001 available from the Iowa Department of Transportation, Contracts Office, may be used in lieu of above. Failure to execute a contract and file an acceptable performance bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for The denial of the award and the for- feiture of the proposal guarantee. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, Ames, Iowa, until noon on the day previous to the letting. All proposals must be filed on the forms furnished by the Iowa Department of Trans- portation, Contracts Office, sealed and plainly marked. Proposals containing any reserva- tions not provided for in the forms furnished will be rejected, and the Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. Attention of bidders is directed to the Special Provisions covering the subletting or assigning of contracts. Minimum wage rates for all Federal Aid projects have been predetermined by the Sec- retary of Labor and are set forth in the speci- fications. However, this does not apply to projects off the Federal-Aid system. All Federal-Aid projects are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. By virtue of statutory authority, a prefer- ence will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no federal funds involved. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirma- tively ensure that in any contract entered into pursuant to this advertisement, disadvan- taged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal-Aid projects, where disadvan- taged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid docu- ments. On all projects without goals, the con- tractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as poten- tial subcontractors. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS Tel. 515-239-1414 JOHNSON COUNTY, STP-E-3715 (9) o-V-52, MISCELLANEOUS SURFACE TRAIL, IOWA RIVER CORR. TRAIL, FROM BURLING- TON STREET SOUTHERLY TO NEAR PUMP STATION WITHIN NAPOLEON PARK IN IOWA CITY, SEE PLAN FOR LOCATION DETAILS. pweng\nob4-2$.doc Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 98-180 RESOLUTION RESCINDING RESOLUTION NO. 98-162 WHICH AUTHORIZED THE MAYOR TO SIGN AND THE CITY CLERK TO A'!-I'EST A CONTRACT WITH ROHRBACH, CARLSON P.C. FOR THE DOCUMENT PHASE OF THE CIVIC CENTER THIRD FLOOR AND POLICE DEPARTMENT SECOND FLOOR EXPANSION PROJECT. WHEREAS, by Resolution No. 98-162 the City Council authorized the Mayor to sign and the City Clerk to attest a professional services contract with the architectural firm of Rohrbach, Cadson P.C. for the document contracts phase of the Civic Center third floor and Police Department second floor expansion project; and WHEREAS, by letter of May 6, 1998 Rohrbach, Cadson P.C. notified the City that it chooses not to proceed with said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 98-162, which authorized the Mayor to sign and the City Clerk to attest a contract with Rohrbach, Carlson P.C. for the contract document phase of the Civic Center third floor and Police Department second floor expansion project, is hereby rescinded. Passed and approved this 12th day of Hay ,1998. U.,,_~roved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Champion eleano~rcpcres.doc AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef May 7, 1998 CITY OF I0 FVA CITY Robert C. Carlson Rohrbach, Carlson P.C. PO Box 2238 Iowa City, IA 52244 Dear Bob: Jim Schoenfelder has forwarded to me a copy of your letter of May 6, 1998, verifying your decision regarding completion of the construction documents for the Civic Center third floor addition. Please be advised that the City will proceed to rescind the authorization given by the City Council to the Mayor to execute the contract. A resolution to that effect will be on the agenda for the regular meeting of the City Council on Tuesday, May 12, 1998. Thank you for clarifying this matter. This will allow the City to proceed accordingly. Please don't hesitate to contact me or Jim Schoenfelder if you have any other questions. Sincerely, Dale E. Helling Assistant City Manager CC: City Council Stephen J. Arkins, City Manager Eleanor M. Dilkes, City Attorney Jim Schoenfelder, City Architect Im\ltr\dh5-7.doc 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 356-$000 · FAX (319) 356-5009 ROHRBACH CARLSON PC ARCHITECTS Commerce Center 325 E. Washington Suite 200 P.O. Box 2238 Iowa City, IA 52244 319-338 9311 FAX 319 338-9872 May 6, 1995 Mr. James Schoenfelder City of Iowa City Civic Center Iowa City, Iowa 52240 RE: Municipal Building Addition and Renovations Dear Jim We have never written a letter like this before so please bear with us. After the review of our correspondence with the City Council of Iowa City and their actions of the last week or so relative to the continuation of the project, we have come to the following conclusions. We are in complete disagreement with the City Council's decision on this matter and their action and discussion at Tuesday's night meeting. It continues to be our understanding, reinforced by the statements made by Councilors Tuesday night, that this project will be put on the shelf after construction documents are complete. With that in mind, and with the City Councils comparison of the housing needs of theft own staff to a public works project we can not justify the further expenditure of our time and taxpayer funded fees to complete the project when we know from years of experience that the project "will" change and further tax payer dollars expended to modify the completed d~uments at a later time. The City Council's insensiti'vity to Robert's care and concern for his involvement on the Board of Appeals further adds to our frustration concerning this situation. By the City Council's action to continue with this project, knowing they are going to shelve the project, clearly states they care nothing of Robert's 18 year involvement with the Board and the benefit his leadership may have meant to the Board and to the Citizens of Iowa City. Since the City Council does not want to take the recommendations of their consultant and does not want to do the right thing in either committing to construction of this project or putting it on the shelf now, does not mean we should not do the right thing. For those reasons, as Professionals and tax paying residences of the City of Iowa City, we can not in good conscience continue on and develop the construction documents for this project, at this time. This decision is consistent with our letters of April 24 and April 28, 1998. 'Jim, by our staying involved with titis project, at this time, creates two wrongs, which does not make the situation right., Please call me if you have any questions or concerns. We appreciate everything you have done to help us be involved and work on this project. We hope this situation does not soil our relationship with you or the City of Iowa City. We look forward to working with you in the future on other projects! Sincerely, // Stex)~en A. Rohrbach AIA [ [ Prin/cipal ~-icmunjsl/sar Robert C. Carlson AIA Principal Prepared by: Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 98-181 RESOLUTION APPROVING A 28E AGREEMENT BETWEEN THE COUNTIES OF BENTON, CEDAR, IOWA, JOHNSON, JONES, LINN, AND WASHINGTON, AND THE CITIES OF CEDAR RAPIDS, IOWA CITY, AND CORALVILLE ESTABLISHING THE EAST CENTRAL IOWA EMPLOYMENT AND TRAINING CONSORTIUM, FOR THE PURPOSE OF ENHANCING EMPLOYMENT AND TRAINING OPPORTUNITIES IN EAST CENTRAL IOWA. WHEREAS, the counties of Benton, Cedar, Iowa, Johnson, Jones, Linn, and Washington, and the cities of Cedar Rapids, Iowa City, and Coralville desire to establish a legal entity to be known as the East Central Iowa Employment and Training Consortium, pursuant to Chapter 28E of the Iowa Code; and WHEREAS, the purpose of the East Central Iowa Employment and Training Consortium is to enhance employment and training opportunities in East Central Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute the 28E Agreement with the counties of Benton, Cedar, Iowa, Johnson, Jones, Linn, and Washington, and the cities of Cedar Rapids, Iowa City, and Coralville, which agreement is attached hereto and incorporated herein by this reference. Said agreement is found to be in the public interest of the citizens of Iowa City, Iowa and is hereby approved as to form and content. The City Clerk is directed to forward a certified copy of this Resolution, together with the Agreement, to the counties of Benton, Cedar, Iowa, Johnson, Jones, Linn, and Washington Counties and the cities of Cedar Rapids, Iowa City, and Coralville for execution; and upon return of the fully executed document by all parties, is further directed to record the Resolution and Agreement in the Johnson County Recorder's Office and to file a copy of the Resolution and Agreement with the Secretary of State. The City Clerk shall retain the returned, recorded document as a permanent file. Passed and approved this CITY'CLERK 12th day of Ma.y ,1998. Apprgved by . City Attorney's Office Resolution No. 98-181 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolu~on be AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef a ndy/res/employmt.doc NOTE If this resolution is used as a pattern for the next agreement, paragraph 2. on the first page should be eliminated. The JTPA Office in Cedar Rapids will complete the process of recording and filing with the Secretary of State. 28 E AGREEMENT BENTON, CEDAR, IOWA, JOHNSON, JONES, LINN AND WASHINGTON COUNTIES AND THE CITIES OF CEDAR RAPIDS, IOWA CITY AND CORALVILLE ARTICLE I The legal entity formed by this Agreement pursuant to Chapter 28 E of the Iowa Code shall be the East Central Iowa Employment and Training Consortium. ARTICLE II The purpose of this legal entity is to enhance employment and training opportunities in east central Iowa. ARTICLE III Membership in the Consortium shall be open to the Counties of Benton, Cedar, Iowa, Johnson, Jones, Linn and Washington and the Cities of Cedar Rapids, Iowa City and Coralville. A Consortium member shall hereinafter be referred to as a member agency. Membership in this legal entity shall be contingent upon the governing body of each member agency signing this Agreement. The activities of this legal entity shall be directed by a fourteen (14) member Board of Directors composed as follows: One member from each of the Counties of Benton, Cedar, Iowa, Johnson, Jones and Washington and the Cities of Iowa City and Coralville. Three (3) members from each of the County of Linn and the City of Cedar Rapids. The member agencies shall appoint their representative to the Board of Directors, all of whom shall be locally .electcd ~ffic.~als. Each member agency may appoint alternates in total numbers not greater than its voting representative(s). All alternates shall be elected officials; regular and alternate representatives shall sel've at the pleasure. of the member agency. The duties of the Board of Directors shall include policy direction to the Consortium, acceptance of grants, adoption of budgets, and other financial instruments; development of work program and job training plans in SDA Ten, submitting applications for grants, execution of contracts, hiring consultants, employment of staff, and establishment of advisory committees as needed. ARTICLE IV The duration of this Agreement shall be perpetual unless terminated as hereinafter provided. ARTICLE V The Chairperson of the Board of Directors is designated as the proper person to appoint members to Service Delivery Area Ten's Private Industry Council (PIC), and to act as the authorized representative of the parties to this Agreement in negotiating an Agreement with the PIC which will determine the procedure for development of the SDA Ten job training plan, and identify the grant recipient and administrative entity for SDA Ten. The Chair shall be elected annually by the Board of Directors. ARTICLE VI Member agencies may terminate their membership in the legal entity by notifying the Consortium in writing one hundred and eighty (180) days before termination date. Member agencies filing notice to terminate shall remain obligated to the full extent of their participation through the full term of their membership. Upon completion of this Agreement, the assets and liabilities shall be distributed in proportion to their respective assessments for the period of three (3) years. ARTICLE VII The cost of maintaining the Consortium shall be borne as agreed by the member agencies. Provided, however, that no member shall be assessed costs or liability in a proportion greater than that member' proportional representation on the Board of Directors of the Consortium as stated in Article Ill. Further, no member shall be assessed any portion of costs or liability attributable to the Consortium which were accrued or incurred prior to that member agency becoming a member of the Consortium. ARTICLE VIII Amendments to these Articles of Agreement become effective upon the unanimous agreement of member agencies. ARTICLE IX These Articles of Agreement shall take effect upon unanimous approval of the eligible member agencies, and the recording and filing of this Agreement as provided by law. CIT/¥~ IOWA CITY Marian'!(. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /ol 4 day of ~ ~'a , 1 998, before me, _,~e~jrr,_~._ FciC-- , a Notary Public in and for the te of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. ¢)<~-I ~' ~ passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the City Council on the /07- "~day of '7'T~ , 19°~, and that Ern~---~st ~. Lehman and Marian K. Karr acknowledged the ~xecution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa BENTON COUNTY Chairperson,,' i'r~rvisors STATE OF IOWA ) B~¥~ ) ss: JOHNSON COUNTY ) On this ~, t~& day, of ~ ~1 ,1998, before me, D~-/o,x~,e¢ ~ ~J a Notary Pu ic in and for the State of Iowa, personally appeared ~'~ ~ ~ ~~ and ~'~ ~ ~ ~ ~ ~ , to me personally known, and who, being by me duly sworn, did say that they are the Board of Supervisors Chairperson and County Auditor, respectively, of Benton County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as contained in the Motion adopted by the Board of Supervisors on the ~5~ day of ~ ,1998, and that g~',~ ~.~ and ~L t~ ~ to~ a~nowledged the~xecution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State. of Iowa · FOR ~ENTON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Date Day of ,19 Notary Public FOR CEDAR couNTY: ,0/9 Subscrlbe(Chalrpersd°,n~wBo°rTdan°df Sa~°d~ed before me by ~.~. ~/~C~- ~)~Date ~ Dayof ]~~ ,19 ~) . FOR IOWA COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of ,19 FOR JOHNSON COUNTY: Notary Public Date ChMrperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of ,19 FOR JONES COUNTY: Notary Public Date Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of ,19 FOR LINN COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR WASHINGTON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR CITY OF CEDAR RAPIDS: Notary Public Notary Public Notary Public Date Date ,19 Date ,19 Mayor Subscribed, sworn and acknowledged before me by Day of FOR CITY OF CORALVILLE: Notary Public Date ,19 Mayor Subscribed, sworn and acknowledged before me by Day of FOR CITY OF IOWA CITY: Notary Public Date ,19 Mayor Subscribed, sworn and acknowledged before me by Day of Date ,19 Notary Public JOHNSON COUNTY Ch/~45//~rson, Board of Supervisors ATTEST: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Qn this ~ ~-- day of ~..--~-~ ,1 998, before me, L'~ ?-o ~/~, ~-~/ ~)~L~ r_t , a I~otary Public in and for the State of Iowa, personally appeared --~"/~.~ _----~.~, L.~. and ,~'~/~,~/~.,/~L_ , to me personally known, and who, being by me duly sworn, did say that they are the Board of Supervisors'~'(~a~rperson and County Auditor, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as contained in the Motion adopted by the Board of Supervisors on the ~. ~' day of )'YI~ ,1998, and that -~a.'~t~.~,~.~( and ' I~/~'~c~.~ ~c~nowledged the~xecution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary PO151ic in and for the State of Iowa FOR BENTON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR CEDAR COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR IOWA COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR JOHNSON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR J~ COUNTY: //~ / Subscribed, sworn and acknowledged before me by O.yof FOR LINN COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR WASHINGTON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR CITY OF CEDAR RAPIDS: Mayor Subscribed, sworn and acknowledged before me by Day of FOR CITY OF CORALVILLE: Mayor Subscribed, sworn and acknowledged before me by Day of FOR CITY OF IOWA CITY: Mayor Subscribed, sworn and acknowledged before me by Day of Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public FOR BENTON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR CEDAR COUNTY: Notary Public ,19 Date Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR IOWA COUNTY: Notary Public ,19 Date Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR JOHNSON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR JONES COUNTY: Notary Public Notary Public Date ,19 Date ,19 Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR LINN COUNTY: Chairperson, Board of Supervisors Subscrib¢~, sworn and acknowledged before me by Day of FOR WASHINGTON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR CITY OF CEDAR RAPIDS: Mayor Subscribed, sworn and acknowledged before me by Day of FOR CITY OF CORALVILLE: Date ,19 Notary Public Date Notary Public Date ,19 Notary Public Date ,19 Notary Public Mayor Subscribed, sworn and acknowledged before me by Day of FOR CITY OF IOWA CITY: Notat3' Public ,19 Date Mayor Subscribed, sworn and acknowledged before me by Day of Notary Public Date ,19 FOR BENTON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of ,19 Date FOR CEDAR COUNTY: Notary Public Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of Date ,19 FOR IOWA COUNTY: Notary Public Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by _ Day of ,19 Date . FOR JOHNSON COUNTY: Notary Public Chwlrperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of Date ,I9 FOR JONES COUNTY: Notary Public Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of Date ,19 FOR LINN COUNTY: Notary Public Chairperson, Board ofSupervL. ors Subscribed, sworn and acknowledged before me by Day of Date ,19 FOR WASHING ON COUNTY: C"~r~'rs Date Subscrlbed,/~/9~ and acknowledged before me by Vi rE in i a A. Bo rdwe 11 6/12th Dayof May ~, ,19 ~8 . Nota~ PO]~ ~ FOR CITY OF CEDAR ~PIDS: PHYLUS HOFER MY COMMISSION EXPIRES Mayor Subscribed, sworn and acknowledged before me by Day of Date ,19 FOR CITY OF CORALVILLE: Notary Public Mayor Subscribed, sworn and acknowledged before me by Day of ,19 Date FOR CITY OF IOWA CITY: Notary Public Mayor Subscribed, sworn and acknowledged before me by Day of Date ,19 Notary Public FOR BENTON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR CEDAR COUNTY: Notary Public ,19 Date Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR IOWA COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR JOHNSON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR JONES COUNTY: Notary Public Notary Public Notary Public ,19 ,19 ,19 Date Date Date Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of Notary Public FOR LINN COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of Notary Public FOR WASHINGTON COUNTY: ~hairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of Notary Public FOR CITY OF CEDAR RAPIDS: Subscribed, ,worn and acknowledged before me by ~-~.~ df~2(3(~xL/ / ~-~'~ Dayof ~ Nota~ Public FOR CITY OF CO~LVILLE: Mayor Subscribed, sworn and acknowledged before me by Day of FOR CITY OF IOWA CITY: Notary Public Date ,19 Date ,19 Date ,19 Date Date ,19 Mayor Subscribed, sworn and acknowledged before me by Day of Date ,19 Notary Public i~OR BENTON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR CEDAR COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR IOWA COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR JOHNSON COUNTY: Ch~rperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR JONES COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR LINN COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR WASHINGTON COUNTY: ~halrperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR CITY OF CEDAR RAPIDS: Mayor Subscribed, sworn and acknowledged before me by Day of FOR C~i~ OF CORALVILLE: Subscribed, sworn and acknowledged before me by ~ i f'JQ ~ / Ot~-~ Day of FOR CITY OF IOWA CITY: Mayor Subscribed, sworn and acknowledged before me by Day of Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public Date ,19 Notary Public Notary Public Date ,19 Date Notary Public Date ,19 Notary Public FOR BE~/'FON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of ,19 FOR CEDAR COUNTY: Notary Public Date Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of ,19 Date Notary Public FOR IOWA COUNTY: isors ' /~ . / ,.,a /~t /Oate and acknowledged before me by /~ t'~ ~'~ ~~ · . _ · .~ t ~ ~ ~ ~ ,-~"::~; LINDA GRIGGS ~ /~ Dayol ,1~.. . ', . ", :' ~a~ Public ~ FOR JOHNSON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of ,19 FOR JONES COUNTY: Notary Public Date Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of ,19 FOR [,INN COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR WASHINGTON COUNTY: Notary Public Notary Public ,19 Date Date Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR CITY OF CEDAR RAPIDS: Notary Public ,19 Date Mayor Subscribed, sworn and acknowledged before me by Day of FOR CITY OF CORALVILLE: Notary Public ,19 Date Mayor Subscribed, sworn and acknowledged before me by Day of FOR CITY OF IOWA CITY: Notary Public ,19 Date Mayor Subscribed, sworn and acknowledged before me by Day of Date ,19 Notary Public FOR BENTON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR CEDAR COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR IOWA COUNTY: '~ Day of FOR JOHNSON COUNTY: ~ FOR JONES COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR LINN COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged before me by Day of FOR WASHINGTON COUNTY: Chairperson, Board of Supervisors Subscribed, sworn and acknowledged befor of FOR CITY OF CEDAR RAPIDS: Mayor Subscribed, sworn Day of FOR Mayor Subscribed, sworn and acknowledged before me by Day of FOR CITY OF IOWA CITY: Mayor Subscribed, sworn and acknowledged before me by __ Day of Notary Public Notary Public Notary Public Public Notary Public Notary Public Notary Public Notary Public Notary Public Date ,19 Date ,19 Date ,19 Date ,19 Date ,19 Date ,19 ~Date Date ,19 Date ,19 Date ,19 PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 JUNE 30, 1998 MARIAN K KARR CITY OF IOWA CITY 410 E WASHINGTON ST IOWA CITY, IOWA 52240-1826 RE: Filing of 28E Agreement between the CITY OF IOWA CITY and the COUNTIES OF BENTON, ETAL Dear MS. KARR: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of JUNE 30, 1998. Sincerely, Paul D. Pate Secretary of State PDP/PM Enclosures