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HomeMy WebLinkAbout1995-09-12 ResolutionRESOLUTION NO. 95-267 A RESOLUTION SETTING A PUBLIC HEARING ON AMENDMENTS TO TITLE 2, "HUMAN RIGHTS" OF THE CITY CODE, AND DIRECTING THE CLERK TO PLACE SAID PROPOSED AMENDMENTS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BYTHE COUNCIL OFTHE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing on the proposed amendments to Title 2, "Human Rights", of the City Code is to be held on the 26th day of September, 1995, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-namud proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the proposed amendments to said Title 2, "Human Rights" is hereby ordered placed on file by the City Clerk in the office of the City Clerk for public inspection. Passed and approved this 12th day of September ,1995. ATTEST:2' . CITY CtERK MAYpR ~'r~(,/,e~ r~ty Attorney~ Office It was moved by ThrngmnrtnD and seconded by Lehman adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X__.. Lehman X Novick X Pigott X __ Throgmorton RESOLUTION NO. 95-268 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SANITARY LANDFILL FY91 COVER AND FY96 CELL CONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 26th day of September, 1995, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this !2th day of September , 1995. ATTEST :,,~~ CIT~ CLERK / "Approved by C'ity Attorney's Office It was moved by ~hro~m~rrn. and seconded by adopted, and upon roll call there were: I ehma~ the Resolution be AYES: NAYS: ABSENT: . X . x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton pwe~gU andfi.res RESOLUTION NO. A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE OF THE IOWA CITY LANDFILL FY96 CELL CONSTRUCTI{ PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS C ~R PUBLIC INSPECTION. NOW, THEREFORE, THAT: RESOLVED BY THE COUNCIL OF CITY OF IOWA CITY, IOWA, A public hearing for the construction September, 1995, at Iowa. of contract, and estimate of cost above-mentione~ ect is to be held on the 26th day of ).m. in the mcil Chambers, Civic Center, Iowa City, The City Clerk for the above-named ~ having a general circulation in {20) days before said hearing. directed to publish notice of the public hearing published at least once weekly and City, not less than four {4) nor more than twenty A copy of the plans, speci construction of the above- Engineer in the office of City of contract, and estimate of cost of the y ordered placed on file by the City public inspection, Passed and approved this day of , 1995. ATTEST: CITY It was moved adopted, and MAYOR ,~r~ved by v~i~ty Art r~,~ Office and seconded by ~.the Resolution be )on roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-269 RESOLUTION APPROVING COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM {CLAP) BUDGET 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 has authorized funding for 1995 Comprehensive Improvements Assistance Program IClAP) funds; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Certificate, Voucher and Public Housing Programs; and WHEREAS, the participants of the housing assistance programs and the Citizens of Iowa City would benefit from the Comprehensive Improvements Assistance Program funds. 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 certifications and agreements (attached), and Budget to the Department of Housing and Urban Development for ClAP funds. 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 SeprPmhpr , 1995. CIT?',-CLERK It was moved by Throgm~rrnn and second6d by Lehman adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton hlsesst&ciapt~Jdg.ma Acting on behalf of the City Council of the City of Iowa City, as its Mayor, I make the following certifications and agreements to the Department of Housing and Urban Development {HUD): The Housing Authority (HA) will comply with all policies, procedures, and requirements prescribed by HUD for modernization, including implementation of the modernization in a timely, efficient, and economical manner; The HA has established controls to ensure that any activity funded by the ClAP is not also funded by any other HUD program, thereby preventing duplicate funding of any activity; The HA will not provide to any development more assistance under the ClAP than is necessary to provide affordable housing, a.fter taking into account other government assistance provided; o The proposed physical work will meet the modernization and energy conservation standards under 24 CFR 968.115 or 24 CFR 905.603; The HA will comply with applicable civil rights requirements under 24 CFR 968.110(a) or 24 CFR 905.115, and, where applicable, will carry out the modernization in conformity with Title Vl of the Civil Rights Act of 1964, the Fair Housing Act, and Section 504 of the Rehabilitat!on Act of 1973; The PHA has adopted the goal of awarding a specified percentage of the dollar value of the total of the modernization contracts, to be awarded during subsequent FFYs, to minority business enterprises and will take appropriate affirmative action to assist resident-controlled and women's business enterprises under 24 CFR 968.110(b); or the IHA will, to the greatest extent feasible, give preference to the award of 'modernization contracts to Indian organizations and Indian-owned economic enterprises under 24 CFR 905.165; w The HA has provided HUD with any documentation that the Department needs to carry out its review under the National Environmental Policy Act (NEPA) and other related authorities in accordance with 24 CFR 968.110(c), (d) and (m) or 24 CFR 905.120(a), (b), and (j); The HA will comply with the wage rate requirements under 24 CFR 968.110(e) and (f) or 24 CFR 905.120(c) and (d); The HA will comply with the relocation assistance and real property acquisition require- ments under 24 CFR 968.108 or CFR 905.117; 10. The HA will comply with the requirements for physical accessibility under 24 CFR 968.110(h) or 24 CFR 905.120(f); 11. The HA will comply with the requirements for access to records and audits under 24 CFR 968.110(i) or 24 CFR 905.120(g); 2 12. 13, 14. 15. 16. The HA will comply with the uniform administrative requirements under 24 CFR 968.110(j) or 24 CFR 905,120(h); The HA will comply with lead-based paint testing and abatement requirements under 24 CFR 968.110(k) or 24 CFR 905.120(i); The HA has complied with the requirements governing local/tribal government and resident participation in accordance with 24 CFR 968,215(b) and 968,220 or 24 CFR 905,618(b) and 905,624 and has given full consideration to the priorities and concerns of local/tribal government and residents; The HA will comply with the special requirements of 24 CFR 968.102 or 24 CFR 905.602 with respect to a Turnkey III development; and The PHA will comply with the special requirements of 24 CFR 968,101 (b)(3) with respect to a Section 23 leased housing bond-financed development. Naomi J. Nov~ck, MAYOR Pr6 fern MA~OR SI~AT~RE AND DATE Pr6 tem -- -- RESOLUTION NO. 95-270 RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPART- MENT OF TRANSPORTATION FOR A GRANT UNDER SECTION 5307 OF CHAPTER 53 OF THE U.S. CODE, TO BE USED FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING. WHEREAS, the City of Iowa City operates a municipal transit system; and WHEREAS, Section 5307 of Chapter 53, U.S.Code of Federal Regulations authorizes the Secretary of Transportation to provide grants for mass transportation projects; and WHEREAS, if the City receives a grant from the U,S. Department of Transportation, the contract for financial assistance will impose certain obligations upon the City, including the obligation to provide the local share of projects costs; and WHEREAS, pursuant to the provisions of Title Vl of the Civil Rights Act of 1964, the Department of Transportation, in conjunction with the filing of applications for assistance under Chapter 53, USC, requires an applicant to provide assurances that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation's requirements under Chapter 53, USC; and WHEREAS, it is the City's goal to utilize disadvantaged business enterprise to the fullest extent possible in conjunction with this project, and to establish and administer definitive procedures to ensure that disadvantaged businesses shall have the maximum feasible opportunity to compeie for contracts when the City procures construction contracts, supplies, equipment contracts, consultants or other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to execute and file an application with the U.S. Department of Transportation, on behalf of the City of Iowa City, to aid in financing the City's transit operations pursuant to Section 5307 of Chapter 53, U.S. Code of Federal Regulations. The City Manager is authorized to execute and file with said application the required assurances and any other documents required by the U.S. Department of Transportation to satisfy the requirements of Title VI of the Civil Rights Act of 1964. The City Manager, or the Johnson County Council of Governments (JCCOG) - Transportation Planning Division (Transportation Planner or Assistant Transportation Planner) acting as the City Manager's representative, are authorized to furnish such additional information required by the Department of Transportation in connection with said application. Resolution No. 95-270 Page 2 The City Manager is authorized to develop and execute affirmative disadvantaged business policies with respect to the project and the project's procurement needs. The City Manager is authorized to execute grant agreements with the U.S. Department of Transportation, on behalf of the City of Iowa City, for aid in financing transit operations and capital improvements. Upon approval of the grant application, the grant agreements may be sent directly to JCCOG. Passed and approved this 12th day of September ,1995. it was moved by Throgmorton adopted, and upon roll call there were: AYES: X X X X X and seconded by r.phman the Resolution be NAYS: ABSENT; Baker x Horowitz Kubby Lehman Novick Pigott Throgmorton jccogtp~y95fta'uowa.res RESOLUTION NO. 95-271 RESOLUTION ACCEPTING THE WORK FOR THE 1994 CURB RAMPS PROJECT WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, 1994 Curb Ramps Project, as constructed by All American Concrete, Inc. of North Liberty, Iowa, WHEREAS, a maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted and dedicated to public use, Passed and approved this 12th day of September ,1995. CIT*¢ CLERK Approved by C'~ey s Of(ice ~'- It was moved by Throgmorton and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X x Lehman the Resolution be ABSENT: Baker X Horowitz Kubby Lehman Novick Pigott Throgmorton CITY OF I0 WA CITY ENGINEER'S REPORT September 5, 1995 Honorable Mayor and City Council Iowa City, Iowa Re: 1994 Curb Ramps Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the 1994 Curb Ramps Project has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $86,231.70 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richara A. Fosse, P.E. City Engineer c:\pwMtaffklbm\94ramps.er 410 EAST WASHINGTON STREET · IOWA CITY. ~OWA 52240-1826 · {3191 356-$000 o FAX {3191 356-5009 Memorandum DATE: TO: FROM: RE: September 6, 1995 Chuck Schmadek/~ ~ Jeff McClure ~ 1994 Curb Ramps Project Attached is a list of the curb ramp locations where curb ramps were constructed as part of the 1994 Curb Ramps Project. The total number of curb ramps constructed as part of this project is 198. I I STREET OR ALLEY INTERSECTION SIDEWALKS (TYPICAL) II CITY OF IOWA FIGURE 1 Corner Designation Detail CITY 1995 CURB RAMP PROJECT ENGINEER: J. McCLURE DRAWN B MEREDITH DATE. AUGUST 1995 ~LE NAME: FIGURE01 1994 CURB RAMPS PROJECT CURB RAMP CONSTRUCTION LOCATIONS INTERSECTION RAMP LOCATION 1. Brown/Linn 2 3 4 6 7 2. Brown/Gilbert 1 2 3 4 5 6 7 8 3[ BrownNan Buren 1 2 3 4 5 6 7 8 4, Brown/Johnson 1 4 5 6 7 8 5. Brown/Governor 2 3 4 5 6. Ronalds/Linn 1 5 8 1994 CURB RAMPS PROJECT CURB RAMP CONSTRUCTION LOCATIONS INTERSECTION -7. Ronalds/Johnson RAMP LOCATION 1 2 3 4 6 7 8 8. Church/Linn 2 6 9. Church/Gilbert 1 3 4 5 6 8 10. ChurchNan Buren 2 7 11. Church/Johnson 2 3 4 5 8 12. Fairchild/Clinton 13. Fairchild/Linn 4 § 1 2 3 4 5 6 7 8 14. Fairchild/Gilbert 2 4 5 7 1994 CURB RAMPS PROJECT CURB RAMP CONSTRUCTION LOCATIONS INTERSECTION 15, FairchildNan Buren RAMP LOCATION 2 3 4 7 8 1 6. FairchildiN.Market 1 7. JohnsoniN.Market 2 4 5 6 7 18. Davenport/Linn 5 6 7 8 19. DavenportNan Buren 4 20. Oavenport~ohnson 1 2 3 4 6 7 8 21. Bloomington/Linn 1 2 3 4 5 6 7 8 22. Bloomington/Dodge 1 2 3 4 5 6 1994 CURB RAMPS PROJECT CURB RAMP CONSTRUCTION LOCATIONS INTERSECTION 23. MarketNan Buren RAMP LOCATION 4 5 24. Market/Johnson 2 3 4 25. Market/Dodge 1 3 4 7 8 26. Jefferson/Johns,',:; 1 2 3 4 6 27. Jefferson/Dodge 2 3 4 5 7 8 28. Iowa/Dodge 2 3 4 29. Washington/Van Buren 4 6 7 30. Washington/Johnson 1 2 3 6 31. Burlington/Dodge 1 2 4 7 32. Court/Dodge 6 7 1994 CURB RAMPS PROJECT CURB RAMP CONSTRUCTION LOCATIONS INTERSECTION 33. Bowery/Dodge RAMP LOCATION 1 2 3 4 § 6 7 8 34, Lafayette/Clinton 35. Benton/Clinton 1994 CURB RAMPS PROJECT CURB RAMP CONSTRUCTION LOCATIONS ALLEY ON BETWEEN RAMP LOCATION 36, Johnson Brown-Ronalds 3 6 37. Dodge Brown-Ronalds 2 3 38. Linn Ronalds-Church 2 6 7 39. Van Buren Ronalds-Church 6 40. Linn Church-Fairchild 2 3 41, N.Market Church-Fairchild 6 42. Linn Fairchild-Davenport 2 3 6 7 43, Dodge Fairchild-Davenport 2 3 6 44. Linn Davenport-Bloomington 45. Dodge Davenport-Bloomington 46. Dodge Bloomington-Market 2 3 47. Dodge Jefferson-Iowa 6 48. Linn Market-Jefferson 7 49. Johnson Davenport-Bloomington 6 7 1994 CURB RAMPS PROJECT CURB RAMP CONSTRUCTION LOCATIONS ALLEY ON BETWEEN 50. Linn Bloomington-Market 51. Linn Brown-Ronalds RAMP LOCATION 7 2 3 6 7 RESOLUTION NO. 95-272 RESOLUTION APPROVING THE DISPOSITION PLAN APPLICATION OF 1926/1946 BROADWAY STREET 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 is accepting applications for disposition of public housing units; and WHEREAS, tile City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer Certificate, Voucher and Public Housing Programs; and WHEREAS, the Iowa City Housing Authority held meetings with the Public Housing tenants to advise them of the replacement housing plan and to request comments; and WHEREAS, the participants of the Public Housing assistance programs and the Citizens of Iowa City would benefit from the disposition plan. 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 disposition plan to the Department of Housing and Urban Development. 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 ]2th day of September , 1995. CITY CLERK It was moved by Lehman and seconded by adopted, and upon roll call there were: Throgmorton the Resolution be AYES: NAYS: ABSENT: ABSTAIN: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-273 RESOLUTION APPROVING FINAL PLAT OF DEAN OAKES FIFTH ADDITION, IOWA CITY, IOWA. WHEREAS, the Owner, Oakes Construction, Inc., filed with the City Clerk the final plat of Dean Oakes Fifth Addition, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa: Beginning at the Northeasterly corner of Lot 8, Dean Oakes Second Addition to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 30, at Page 18, of the Records of the Johnson County Recorder's Office; Thence N77°58'32"W (A RECORDED BEARING), along the Northerly line of said Dean Oakes Second Addition, 150.00 feet; Thence Northeasterly, 9.72 feet, along said Northerly line, on a 300.00 foot radius curve, concave Southeasterly, whose 9.72 foot chord bears N12°57'O9"E; Thence N76°O7'09"W, along said Northerly Line, 100.00 feet; Thence N88°49'57"W, along said Northerly Line, 176.85 feet; Thence N06°21 '53"E, 90.29 feet; Thence Southeasterly, 26.64 feet, along a 1676.74 radius curve concave Southwesterly, whose 26.64 foot chord bears S83°10'49"E, Thence N07°16'30"E, 127.75 feet; Thence S88°02'12"E, 788.90 feet; Thence S07°45'54"W, 60.31 feet; Thence S01°26'31"W, 365.17 feet; Thence S54°55'18"W, 231.72 feet, to a Point on the Easterly line of said Dean Oakes Second Addition; Thence N29 °49' 18"W, along said Easterly line, 62.00 feet; Thence N49 o 57' 10"W, along said Easterly line, 216.17 feet; Thence N20°55'14"W, along said Easterly line, 57.15 feet; Thence N01 °02'34"E, along said Easterly line, 57.1 5 feet, to the Point of Beginning. Said tract of land contains 6.52 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. 95-273 Page 2 The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this]2r_hday of Scprcmhpr ,1995. ATTEST: ~¢~<~ CITY'CLERK M/~YOR ~(j It was moved by ~aker and seconded by Lehman adopted, and upon roll call therewere: the Resolution be AYES: NAYS: ABSENT: X x x X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton STAFF REPORT To: Planning and Zoning Commission Item: SUB95-0023; Dean Oakes Fifth Addition 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 hm~tatlon period: SPECIAL INFORMATION: Public utilities: Prepared by: Charles Denney Date: August 3, 1995 Oakes Construction, Inc. Drawer 1456 Iowa City, IA 52244 Dean Oakes 338-1144 Approval of a final plat To permit a 14-1ot residential subdivi- sion. The current terminus of Quirtcent Street. 6.52 acres Undeveloped; RS-5 North - Undeveloped, RR-1. East - Undeveloped, RR-1 South - Residential, RS-5 West - Undeveloped, RR-1 Residential, 2-8 dwelling units per acre. Portions of the Zoning Chapter, Subdi- vision Regulations, and the Grading Ordinance. July 13, 1995 August 28, 1995 September 11, 1995 Adequate water and sewer service is available to the site Public services: City sanitation service will be provided. Municipal police and fire protection will be provided. Transportation: Vehicular access is available via quinc- ent street. Transit service is not cur- rently available. The closest bus stop is located at the intersection of Highway 1 and N. Dodge Street. Physical characteristics: Wooded site with rolling to steep to- pography. BACKGROUND INFORMATION: The applicant, Oakes Construction, Inc., is requesting approval of Dean Oakes Fifth Addition, a 14-1ut residential subdivision. The preliminary plat was approved by the City Council on July 18, 1995. The area under consideration is in the same general location as the Dean Oakes Fourth Addition, which was vacated by the City Council, also on July 18. ANALYSIS: Zoning Chapter Compliance The final plat has been reviewed by staff and appears to conform with the general requirements of the RS-5, Low Density, Single-Family, zone. Subdivision Ordinance Requirements The proposed final plat of Dean Oakes Fifth Addition appears to be in general compliance with the City's subdivision regulations. Legal papers have been submitted and are being reviewed by the City Attorney's Office. Construction plans have been submitted and are being reviewed by the Public Works Department. Both the legal papers and construction plans must be approved prior to City Council consideration of the plat. Outlets 1 and 2. Outlets 1 and 2 are shown on the plat between existing lots in the subdivision end Bristol Drive. The applicant has indicated that these outlets are intended to provide greater separation between these existing lots and the proposed Bristol Drive. The outlets will most likely be deeded to the owners of the existing lots. The applicant should provide evidence that the owners of the adjacent lots are willing to accept these outlets or the outlets should be eliminated and the area included as dedicated right-of-way. If the outlets remain a purpose for the outlets must be shown on the plat. Vacation of Dean Oakes Fourth Addition. Iowa Code requires the City Clerk to record the resolution vacating an official plat. The Clerk is also required to record other supporting documents for the vacation. The applicant is responsible for providing these documents to the Clerk. The City Council cannot take action on this final plat until all the required documents have been recorded. The applicants attorney has been notified of what documents are required. STAFF RECOMMENDATION: Staff recommends that the final plat of Dean Oakes Fifth Addition be deferred pending resolution of issues with the outlots and resolution of all deficiencies and discrepancies listed at the end of this report. Upon resolution of these items staff recommends that the final plat be approved subject to approval of legal papers and construction plans and recordation by the City Clerk of all the required documents for the vacation of Dean Oakes Fourth Addition prior to City Council consideration of the plat. DEFICIENCIES AND DISCREPANCIES: 1. Show the dimension of Quincent Street. 2. Correction of discrepancy between legal description and boundary information. ATTACHMENTS: 1. Location Map. 2. Final Plat of Dean Oakes Fifth Addition Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development tsubOO23.cd LOC;AT00~q HAP DEAN OAKES FIFTH ADD. i11! FOLLOWIN(3 18 ~ ~ ~BE~ DO~U~NT AVAILABLE Ausust 31, 199.5 Dean G C~kes 2969 PtaI.~e Du Ckien Rd NE Iow~ Oty, IA 52240 Dear Mr. Oakes, l/ire age pleaaed ed rtccept yuur offer of the nazrow utrtp of land between b% Not!~ side of out p~opefiy and me prop~,~d exlcnsro~t to Bt~tol Dttve, ~r · e ~ sum of $~0. A0 per o~ earlier d~u~ion, Q~ is done wf~ ~ t~l~l~ ~t you ~U be ~ble ~r any ~d all ~ ~ ~th ~e ~rding ~d mS~flon of ~e ~id ~br u~ pm~y. ~ it ~ d~e ~t ~ho ~ndi~ ~t you wil ~pons~le for ~y ~ ~ prap~, as ~ whor~ thu Ci~ o[.Iowa Ci~ ~quires ~e c~l~u~on ofau~ a sidewa~ $1ncerel Cab'anD. Kanull 1812 Quinceat Street Iowa CilT, IA 52245 N/cola M. Kamal RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORIAL UNION BRIDGE TO IOWA AVENUE PROJECT, STP-E-3715{3)--8V-52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS. WHEREAS, this project will extend the Iowa River Corridor Trail from the Iowa Memorial Union Bridge to Iowa Avenue and will include tunneling under the CRANDIC Railroad embankment; and WHEREAS, the construction cost estimate is $158,682, of which up to ~ 111,700 will be funded by Federal Surface Transportation Program Enhancement Funds; and WHEREAS, the remainder will be funded by the General Fund, Road Use Tax revenues, and possible cost sharing with the University of Iowa; and WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOTI; and WHEREAS, bids will be accepted on September 26, 1995, at 9:00 a.m., Ames, Iowa at the Department of Transportation; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project were published as required by law by the IDOT, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost for the construction are hereby approved. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. day of ,1995. Passed and approved this ATTEST: CITY CLERK MAYOR Pro tern Approved by City Attorney s u ice ~'-/.2-~.C-' RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORIAL UNION BRIDGE TO IOWA AVENUE PROJECT, STP-U-3715(6)--70-52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS. project will extend the Iowa River Corridor Trail from the Iowa Iowa Avenue and will include tunneling under the CRANDIC Railro Union ; and WHEREAS, funded by construction cost estimate is 9158,682, of which ~ral Surface Transportation Program Enhancement $111,7OO will be and WHEREAS, the mainder will be funded by the General Fund possible cost ~g with the University of Iowa; and Use Tax revenues, and WHEREAS, this pro will be bid by the Iowa Transportation (IDOT); and WHEREAS, bids Department of Trans ~ccepted on September and at 9:00 a.m., Ames, Iowa at the WHEREAS, notice of cost for the construction the IDOT, and the hearin earing on the plan: the above-nat held. ;, form of contract and estimate project were published as required by law by NOW, THEREFORE, BE IT IOWA, THAT: CITY COUNCIL OF THE CITY OF IOWA CITY, The plans, specifications are hereby approved. of contract, and estimate of cost for the construction The City Clerk is he bids for the constrL once weekly a g~ ~d and directed to publish notice for the receipt of project in a newspaper published at least irculation in the city. Passed and approve~ day of ,1995. Approved by ATTES/ ,.~ ~ /v.o,,. CITY CLERK ty Attorney s Office RESOLUTION NO. 95-274 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A PRODUCTION WELL IN THE JORDAN AQUIFER AT THE WATER FACILITY SITE, ESTABLISH- ING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contrect and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 3rd day of October, 1995. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the loth day of October 1995, or at such later time and place as may then be fixed. Passed and approved this 12rh day of Sept:P. rnhe~' , 1995. ATTEST: ~,~..~x.-?. ~' '" CITY CLERK MA /OR Pr&t:de Approved by 's Office Resolution No. 95-274 Page 2 I~ was moved by ~,,~hy and seconded by adopted, end upon rol~ cal/thers were: . AYES: NAYS: ABSENT: the Resolution be _ Baker ~ Horowitz ~ Kubby .. Lehman Novick .. Pigott ~ Throgmorton RESOLUTION NO. 95-275 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 3rd day of October, 1995. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 10th day of October 1995, or at such later time and place as may then be fixed. Passed and approved this 12th day of September , 1995. ATTEST: ~;~J~b ~. ~- CITY CLERK Approved by y s Office Resolution 95-275 Page 2 It was moved by Thro~morton and seconded by adopted, and upon rol~ call there were: Lehman · AYES: NAYS: ABSENT: _X X 'X X X ,the Resolution be Baker Horowitz Kubb¥ Lehman Novick · Pigott Throgmorton RESOLUTION NO. 95-276 RESOLUTION AUTHORIZING CONVEYANCE, BY QUIT CLAIM DEED, OF CITY-OWNED PROPERTY IN SAINT MATTHIAS ADDI- TION ABUTTING ROBERTS HOME TOWN DAIRY PROPERTY TO ROBERTS HOME TOWN DAIRY WHEREAS, the City of Iowa City owns a 15,425 square foot parcel of land in the Saint Matthias Addition abutting Roberts Home Town Dairy process facility; and WHEREAS, on August 29, 1995, the City Council adopted and approved Resolution No. 95-264, declaring its intent to convey said property, authorizing public notice of its proposal, and setting the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal, the Council finds that the land proposed for conveyance is no longer needed for a public purpose, and that the public would be better served by placing the property back on the tax rolls; and WHEREAS, an Agreement has been negotiated between Roberts Home Town Dairy and the City of Iowa City, Iowa setting out the terms and conditions of the sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are authorized to execute the Quitclaim Deed attached hereto conveying 433.83 square feet of property depicted in Exhibit A, attached and made a part thereof, to Roberts Home Town Dairy. The City Attorney is hereby authorized to deliver said Quitclaim Deed to Roberts Home Town Dairy, for recordation in the Johnson County Recorder's Office at Home Town Dairy's expense, and to obtain a copy of said recorded quitclaim deed for permanent file in the City Clerk's Office. Passed and approved this 12th day of Soprornh,,r , 1995. CITY CLERK bcv~o,.vn 2 ce THE iOWA STATE BAR ASSOCIATION 100A~ 03019 Meatdon. SuoppeJ. Dewnet & Hayes P.L.C. ~;ansfer Fee Recording Fee , Total . _ QUIT CLAIM DEED SPACE ABOVE THIS UNE FOR RECORDER For the consideration of One (1) Dollar(s) and other va uab e conmd6ra~ 6n, City of Iowa City, Iowa, a municipal corporation, do hereby Ouit Claim to Roberts Dairy 'Cbmpany allourright, title, interest, estate, claim anddemandinthefollowingdescribedrealestatein . Johnson County, Iowa: ' A portion of Lot 14, St. Matthias~ Second Addition t~ Iowa " City, Iowa, according to the plat recorded thereo~7!..~ore particularly described as follows: Commencing as a point of reference at the Southwest Corner of said Lot 14; thence Easterly along the South 1[~ 'bf said Lot 14, 144 feet to the point of beginning; thenc~'~esterly along said South line 20.0 feet to a point; thence Northezly 47.7 feet along a line parallel to and 124 feet East of the West line of said Lot 14 to a point; thence Southeasterly 43.3 feet to the point of beginning. Said lot herein described contains 433 square feet more or less, and is subject to existing easements, restrictions and covenants of record. Exempt from transfer tax under Iowa COde Section 428A.2(6) Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in an~ to the real estate. Words end phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: September 12, 1995 STATE OF , es: COUNTY, On this day of 19 , before me, the undersigned, e Notary Pubilc in and for said State, personally appeared {Grantor) (Grantor) QUIT CLAIM DEED aPACE ABOVE THIS UNE FOR RECORDER For the consideration of One (1) ' Dollar(s) and other valuable considerafi6h, City of Iowa City, Iowa, a municipal corporation, do hereby Quit Claim to Roberts Dairy 'Company all our right, title, interest, estate, claim and demand in the following described real estate in Johnson County, Iowa: A portion of Lot 14, St. Matthias~ Second Addition t~ Iowa City, Iowa, according to the plat recorded thereo~!more particularly described as follows: Commencing a8 a point of reference at the Southwest dorner of said Lot 14; thence Easterly along the South l[~e 'bf said. Lot 14, 144 feet to the point of beginning; thenc~"Westerly along said South line 20.0 feet to a point; thence Northerly 47.7 feet along a line parallel to and 124 feet East of the West line of said Lot 14 to a point; thence Southeasterly 43.3 feet to the point of beginning. Said lot herein described contains 433 square feet more or less, and is subject to existing easements, restrictions and covenants of record. Exempt from transfer tax under Iowa C6de Section 428A.2(6) Each of the undersigned hereby relinquishes all rights of dower, homestead end distributive share in an~l to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: September 12, 1995 STATE OF , es: COUNTY, On this day of , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared IGrantor) to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. {Grantor} {Grantor} (r hie [orrn o! acknowledgment for Individual grantor(e) only) {Grantor) (Grantor) STATE OF , : ...... t On this day of , ~ 9 __ COUNTY, ss: before me, the undersigned, a Notary Public in and for said County and said State, personally appeared to me know~, to be the identical persons named in and who executed the foregoi/jnstrument, and acknowledgec~th~hey executed the same as their voluntary act and deed. / Notary Public STATE OF ~'~, , UNTY, ss On this day of ~. ,19..~beforeme, theun;ersigned, a Notary Public In and for said CounW~said State, personafly append and to me personally known, who, being by ~duly sworn, did sa they are the ~ and respectively, of said corporation; that (no seal~?s been procured by the said) corporation; that said {the seat a~flxed thereto'is the seal of said) instrument was signed (and sealed) on behalf of s~ld corporation by authority of ~ts Board of D~rectors, ~ /~nd, ~ ~ ~v I n' r tand deedof and that the said ...... sa~d corporation, by ~t and by them voluntardy execut~2~ ~ ~ ~ . STATE OF IOWA, JOHNSON COUNTY, ss: \ ~ ;~ . ~. On this ~ day of 0c,/'o ~,~ ,1995, before me, a Notary Pubhc~n and for the State of Iowa,~ersonally ap'pear? Susan M. Horowlt~ and Marla~ K. Karr, to me personnally known, Who, being by me duly sworn, d~d say...that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that th~ seal affixed to the foregoing instfument is the corporate seal of the corporationS. and that the instrument was si~ned and eoaled on behalf of the corporation, by authority of its Cit~ Council, as contained in Resolution No. YS-~b, passed by the City Cbuncil on the /~ day of S~ , 1995, and that Susan M. Horowl~ and Maclan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the volunta[~ act and deed of the corporation, by it and by t~em voluntarily executed. STATE OF On this day of ,19 / ~/ Notary Public COUNTY, ss: /before me, the undersigned, a Notary Public in and for said County~o? said State, personally appea~d ~ and / to me personally known, who, being by m~e~duly sworn, did aay t~t they are the g, and respectively, of said corporation; that {no sealings been pro~ by the sa~d) corporation; that said (the seal affixed theretd~s the seal of said) and that the satd ',~ ~nd ' ~ ~rum~ as such officers, acknowledged the execution of sal ~ to~e volunta~ act and deed of said corporation, by It and by them voluntarily execut~ ~ ~ . __.., · ..... , ~ N~ / 0 0 / o / / , STATE OF ~WA, JOHNSON COUNTY, ss: On this Z" day of 0(~ ~<~ ,1995, before me, a Notary Pubh"~n and for the State of Iowa,~ersonally appeared Susan M. Horowitz and Marla~ E. Earr, to me personnelly known, Who, being by m~ duly sworn: did say..that th'~y are the Mayor and City Clerk, respebtively, of the C ty of Iowa C~ty, Iowa; that th~ seal affixed to the foregoing instrument is the corporate seal of the corporation,, and that the instrument was s~ned and sealed on behalf o~ the corporation, by authority of its Cit~ Council, as contained in Resolution No.~-~?~, passed by the City Council on the /Z~ day of .'.~;ep+~ , 1995, and that Susan M. Horowitz and M~rian K. Kerr acknowledged the execution of the instrument to be their voluntary act a~d deed and the voluntar~ act and deed of the corporation, by it and by t~m voluntarily executed. / / ' No[ary Public in and [or,~)~,Stat~ Iowa 19'79 .'ACE i38 Resolution No. 95-276 Page 2 It was moved by ?±gott and seconded by adopted, and upon rol~ call there were: Throgmorton the Resolution be . AYES: NAYS: ABSENT: X Baker X Horowitz x Kubby ---Z-- Lehman · X Novick X Pigott X ~ Throgmorton STATE OF , ~ ... . ...., COUNTY, as: On this day of , ~9 . . before me, the undersigned, a Notary Public in and for said County and said State, personally appeared to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public COUNTY, as: STATE OF , On thts day of ,19 ~ before me, the undersigned, a Notary Publlc in and for said County end said State, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the and respectively, of said corporation; that (no seal has been procured by the said) corporation; that said (the seal affixed thereto is the seal of said) instrument was signed {and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and. as such officers, acknowledged the execution of said mstrum~ to ~e t voluntary act and deed of said corporation, by It end by them voluntarily execute. ~ ~ o STATE O_F.~WA, JOHNSON COUNTY, as: On this Z' day of 0~'. b~- ,1995, before me, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Kerr, to me personnelly known, who, being by me duly sworn, did say4hat 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 tha~ the instrument was signed and sealed on behalf of the corporation, by authority of its Cit~ Council, as contained In Resolution No.?5-Z?&_,,passed by the City Council on the /~. ~ da~,, of, .~.~+~. ,, 1995, and that Susan M. Horowitz and Marian K, Kerr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and by tl~m voluntarily executed, O Notary Public STATE OF , COUNTY, es: On this day of ,19 __ before me, the undersigned, a Notary Public in and for said County end said State,-personally appeared and to me personally known, who, being by me duly sworn, did say that they are the and respectively, of said corporation; that {no seal has been procured by the said) corporation; that said (the seal affixed thereto is the seal of said) instrument was signed {and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and · to e tvoluatary act end dasd of as such officers, acknowledged the execution of said metrum said corporation, by It and by them voluntarily executa'~. STATE OF 1~. WA, JOHNSON COUNTY, es: On this ~ day of ~)~o b~- ,1995, before me, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Kerr, to me personnally known, 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 Cit~ Council, as contained in Resolution No.~5-~Tb/passed by the City Council on the /~. v~ day of $e.~4L~J,¢~, , 1995, and that Susan M. Horowitz and Marian K. Kerr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and by th~m voluntarily executed. · Notary Public in and for,t,h.i~.State .'o.~. Iowa QUIT CLAIM DEED SPACE ABOVE 7H15 UNE FOR RECORDER For the consideration of One (1) Dollar(s) and other valuable consideration, City of Iowa City, Iowa, a municipal corporation, do hereby Quit Claim to Roberts Dairy 'Company our right, title, interest, estate, claim and demand in the following described real estate in Johnson County, Iowa: A portion of Lot 14, St. Matthias~ Second Addition to Iowa city, Iowa, according to the plat recorded thereof, more particularly described as follows: Commencing as a point of reference at the Southwest corner of said Lot 14; thence Easterly along the Somth line of said Lot 14, 144 feet to the point of beginning; thence Westerly along said South line 20.0 feet to a point; thence Northerly 47.7 feet along a line parallel to and 124 feet East of the West line of said Lot 14 to a point; thence Southeasterly 43.3 feet to the point of beginning. Said lot herein described contains 433 square feet more or less, and is subject to existing easements, restrictions and covenants of record. Exempt from transfer tax under Iowa Code Section 428A.2(6) Each of the undersigned hereby relinquishes all rights of dower, home8tead and distributive share in and to the real estate. '"ords and phrases herein, Including acknowle~l~lm~nt I~ereof, shall be construed as In the singular or pluf lumber, and as masculine or femintne gender, according to the context. · - ' / Mayor '"- '~ (Grantor) STATE OF , es: .... , , _.~ . . 19. , before me, the undersigned, a Notary Public In and for said State, personally appeered QUIT CLAIM DEED SPACE ASOVE THiS LiNE FOR RECORDER For the consideration of One (l) Dollar(s} and other valuable consideration, City of Iowa City, Iowa, a municipa) ~orporation, do hereby Quit Claim to Roberts Dairv Company all our right, title. interest, estate, claim and demand in the following described real estate in Johnson County, Iowa: A portion of Lot 14, St. Matthias~ Second Addition to Iowa City, Iowa, according to the plat recorded thereof, more particularly described as follows: Commencing as a point of reference at the Southwest corner of said Lot 14; thence Easterly along the Somth line of said Lot 14, 144 feet to the point of beginning; thence Westerly along said South line 20.0 feet to a point; thence Northerly 47.7 feet along a line parallel to and 124 feet East of the West line of said Lot 14 to a point; thence Southeasterly 43.3 feet to the point of beginning. Said lot herein described contains 433 square feet more or less, and is subject to existing easements, restrictions and covenants of record. Exempt from transfer tax under Iowa Code Section 428A.2(6) Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. "~ords and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plut }umber, and as masculine or feminine gende[, acco[dlng to the context. - - (Grantor) STATE OF , es: . j~ . C~y Clare - 19 , before me, the undersigned, a Nota~ ~Grantor} Public in end for said State, personally appeared to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. (Grantor) (Grantor) (Grantor) Notary Public (Thio form of aoknowledgment for Individual grantotis) only) (Grantor} (Grantor) STATE OF , On this day of 19! COUNTY, es: .~ 'before'me, the undersigned, a Notary Public in and for said County and said State, personally appeared to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same es their voluntary act and deed. COUNTY, es: STATE OF , On tlt!S day of ,19 before me, the undersigned, a Notary Public in and for said County and said State, personally appeared ..... and to me personally known, who, being by me duly sworn, did say that they are the and respectively, of said corporation; that (no seal has been procured by the said) corporation; that said (the seal affixed thereto is the seal of said) instrument was signed land sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as §uch 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 STATE OF IJ::)WA, JOHNSON COUNTY, ss: On this ~day of /)~e b~' ,1995, before me, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Kerr, to me personnally known, 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 bahall' of the corporation, by authority of its City Council, as contained in Resolution No.?.~;~'/~,., passed by the City Council on the !~. ~ day of S~,~'~,~,- , 1995, and that Susan M. Horowitz and Marian K. Kerr acknowledged the execution of the instrument to be their voluntary act and deed and ., _, .......... . ,...,~ ,4,,,,,~ ,-,~ *h~ nnmnr~tinn. hv it and bv them voluntarily executed. STATE OF , COUNTY, ss: On tl~!S day of ,19 __ before me, the undersigned, a Notary Public In and for said County and said State, personally appeared ..... and ' ' ' to me personally known, who, being by me duly sworn, did say that they are the and respectively, of said corporation; that {no seal has been procured by the said) corporation; that said (the seal affixed thereto is the seal of said] instrument was signed (and sealed) on behalf of said corporation by authority of Its Board of Directors; and that the said and as ~uch officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by It and by them vohmtarlly executed, Notary Public ~0 HI-:-:] ulrto STATE OF I~. WA, JOHNSON COUNTY, ss: On this ~.._~" day of ~)~-,, b~c ,1995, before me, a Notary Public in and for the State of iowa, personally appeared Susan M. Horowitz and Marian K. Kerr, to me personnelly known, 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 corporazion, by authority of its City' Council, as contained in Resolution No.?5-~'/~,, passed by the City Council on the !2 ~. day of $~,~,, , 1995, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and by them voluntarily executed, .. 3,,~r~,,_ ~'~,,- ' Notary Public in end for the State .of Iowa RESOLUTION NO. 95-277 RESOLUTION RECLASSIFYING A POSITION IN THE LIBRARY WHEREAS, Resolution No. 95-50 adopted by the City Council on March 7, 1995, authorized permanent positions in the Library for FY96; and WHEREAS, the changing work load requires technical skills at a level higher than the current budgeted position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, 10WA, that the following position in the Library be changed by: 1. Reclassifying a part-time (.75) Library Clerk, AFSCME paygrade 3, to a part-time Library Assistant II, AFSCME paygrade 7. Passed and approved this 12th day of September , 1995. ATTEST:ciT~CLERK ~' ~ It was moved by Knhhy and soconded by .. adopted, and upon roll call there were: MA~'OR .1::~,~. A,f,~_m' App//~/~,ed by,~~~ C~/~or~ey'~/Office t. Baker the Resolution be AYES: NAYS: ABSENT: x x x X x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-278 RESOLUTION OF INTENT TO CONVEY A TWENTY-FOOT WIDE, VACATED PORTION OF ALLEY RIGHT OF WAY LOCATED EAST OF GILBERT COURT, IIVlMEDIATELY SOUTH OF THE IOWA INTERSTATE RAILWAY AND IMMEDI- ATELY NORTH OF LOT 4 OF BLOCK 3, LYON'S ADDITION, TO BERNARD AND JOANNA MILDER, AND SETTING A PUBLIC HEARING FOR SEPTEIVIBER 26, 1995 WHEREAS, the City Council has considered and passed an ordinance vacating a twenty-foot wide alley right-of-way located east of Gilbert Court, immediately south of the Iowa Interstate Railway and immediately north of Lot 4 of Block 3, Lyon's Addition; and WHEREAS, Bernard and Joanna Milder own the property adjacent to the right-of-way; and WHEREAS, Mr. and Mrs. Milder have offered to purchase 1040 square feet of the right of way for the price of 55¢ per square foot, the higher range suggested by the City Assessor, based on the assessed value of the property; and WHEREAS, the City does not need the portion of the right-of-way to provide access to property in the area; and WHEREAS, the City will retain a five foot easement along the north edge of the subject property for maintenance of the storm sewer and drainage ditch located along the north portion of the vacated alley. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to convey its interest in the following described 1040 square feet of property to Bernard and Joanna Milder for the sum of $572.00, subject to the City reserving and retaining a five foot easement along the north edge of the subject property for maintenance of the storm sewer and drainage ditch located along the north portion of the vacated alley: That portion of the 20 foot wide alley located east of Gilbert Court and immediately south of the Iowa Interstate Railway which lies north of and adjacent to Lot 4, Block 3, Lyon's First Addition, Iowa City, Iowa. A public hearing on said proposal should be and is hereby set for September 26, 1995, at 7:30 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this l?rh ATTEST: /~~ ~. ~/~_~ CITY-CLERK day of September , 1995. M YOR Resolution No. 95-278 Page 2 It was moved by Kubb¥ and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: x x X X PiRott ABSENT: X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. RESOLUTION OF INTENT TO CONVEY A TWENTY-FOOT WIDE, VACATED PORTION OF ALLEY RIGHT OF WAY LOCATED EAST OF GILBERT .COURT, IMMEDIATELY SOUTH OF THE IOWA INTERSTATE RAILWAY AN[ ATELY NORTH OF LOT 4 OF BLOCK 3, LYON'S ADDITION JOANNA IVIILDER, AND SETTING A PUBLIC HEARING FOR SEI 26, 1995 WHEREAS, the City Council has considered and passed an wide alley right-of-way located east of Gilbert Court, immediately Railway and immediately north of Lot 4 of Block 3, Lyon's Addi g e twenty-foot Interstate and WHEREAS, and Joanna Milder own the property a¢ e right-of-way; and WHEREAS, foot for a sum Mrs. Milder have offered to purchase e right-of-way for 30¢ a square $31 2.00, the assessed value property; and WHEREAS, the City property in the area; not need the portion of right-of-way to provide access to WHEREAS, the City will property for maintenance portion of the vacated alley. ~in a five foot he storm sewer alon[i ~.he north edge of the subject drainage ditch located along the north NOW, THEREFORE, BE IT ESOLVED COUNCIL OF IOWA CITY, 10WA, that the City Council does to convey its interest in the following described property to Bernard and subject to the City reserving and retaining a five foot easement along the north of the subject property for maintenance of the storm sewer and drainage ditch located ng the north portion of the vacated alley: That portion of the 20 foot wid south of the Iowa Interstate R~ 3, Lyon's First Addition, located east of Gilbert Court and immediately =h lies north of and adjacent to Lot 4, Block BE IT FURTHER RESOLVED THAT ~g 1995, at 7:30 p.m. in the Council Iowa City, Iowa, and that the C ' Clerk be and is hearing to be published as pro~ by law. said proposal be set for September 26, Center, 410 East Washington Street, directed to cause notice of public Passed and approved this day of ,1995. ATTEST: ~ CITY CLERK MAYOR Pr~l~.. App City RESOLUTION NO. 95-279 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE SUMMIT STREET BRIDGE REPLACEMENT PROJECT. WHEREAS, the City of Iowa City desires to replace the Summit Street bridge, which spans over the Iowa Interstate Railroad, and approach roadways between Kirkwood Avenue and Sheridan Avenue; and WHEREAS, the City of Iowa City desires to contract for the design of the bridge and approach roadways, project administration, construction inspection services, and other special services; and WHEREAS, an Agreement for professional engineering services has been negotiated with NNW, Inc. of Iowa City, Iowa; WHEREAS, it is in the public interest to enter into said Consultant Agreement with NNW, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this 12th day of September , 1995. ATTEST: C[T~~LER K ~-/' ~ MA~(OR Approved by Cit~/Attorney's Office Raaolutlon No. 95-279 Page 2 It was moved by Kubby and seconded by adopted, and upon rol~ call there were: Lehman AYES: NAYS: ABSENT: x the Resolution be Baker Horowitz · Kubby Lehman Novick Pigerr Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this l?rh day of September 199.5 , by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City and NNW. Inc. of _ Iowa City hereinafter referred to as the Consultant. WHEREAS, the City desires to improve the existing Summit Street Bddge over the Iowa Interstate Railread, including approach roadways. The project termini are Kirkwood Avenue and Sheridan Avenue. The projecl is located within a City designated historical district. An investigation and recommendation phase is required to determine alternatives and costs for the improvement; a final design phase is required to prepare the construction contract documents. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to pedorm the following services for the City, and to do so in a timely and satisfactory manner. A. Investigation and Recommendation Phase: Make topographic survey ot area including cross sections of roadway, existing bridge and location of utilities; Make recommendations for short term work required to keep the bridge in service until the proposed improvements are made; Make pedestrian and bicycle traffic study to determine alternate mode use of the bridge; Meet with City staff, appropriate City Commisions and any neighborhood groups to determine aesthetic and neighborhoed considerations for the project; Develop and compare alternative bddge designs including review of geometry and approach considerations, review of necessary right-of-way purchase and or construction easements, develop a preliminary design for each alternative, develop an opinion of anticipated costs and life expectancies, and prepare a report with recommendations and supporting documents; Prepare a preliminary Type, Size and Location plan of the final proposed bridge for submittal to the Iowa Department of Transportation, the Iowa Interstate Railroad, the City Public Works Department and other appropriate officials of the City of Iowa City along with preliminary estimate of construction costs; Orgamze and participate ~n meetings and contacts with vadous utility companies, the Railroad and other affected private and/or governmental entities as directed by the City Engineer; Participate in meetings and contacts with various approving and regulating agencies and provide assurance that the recommendations are in compliance with agency's regulations; Present repor~ and recommendations to City Staff, City Council, appropriate Commisions and any neighborhood groups as necessary, and attend meetings to review and discuss the project with City Staff and others as required. After approval of the Investigation and Recommendalion Phase, work shall begin immediately on The final design phase. B. Final Design Phase: Prepare detail plans, specifications, contract documents and engineers estimate required for letting; Contract documents sl',all be in accordance with City, State and Federal requirements and shall use Iowa Department of Transportation Standard Specifications as base specifications; Provide necessary prints and calculations for review by City, State and Federal agencies; Keep in contact with various utility companies, the Railroad and other affected private and/or governmental entities during design for purposes of project ceordination. Review required construction drawings as well as detailed shop and erection drawings submitted by the contractor for compliance with the design concept o! the proposod project; Organize and attend the City's preconstruction meeting to be held with the successful bidder to answer technical questions regarding construction of the project; Attend the following meetings and if required, make a presentation; a. As required with City staff for periodic discussion of project development. b. City Council meetings concerning public hearing. c. Meetings with Iowa Interstate Railroad officials. Project Administration Phase 1. Provide project administration; 2. Provide construction staking one time; 3. Provide full time on-site inspection during the course of construction and keep records required by city, state and federal agencies; 4. Negotiate, prepars, and obtain approval of all change orders required by the construction, including submission of verification information; 5. Conduct bi-weeldy construction meetings; 6. Review monthly pay estimates and submit to City Engineer with recommendations; 7. 10. 11. 12. 13. Upon completion of project, determine final contract quantities from actual field measurements or from field and office records as well as monthly pay estimates, and submit same to City and Contractor for approval; Prepare Certificates of Completion for City Council acceptance; Submit necessary documents to State and Federal agencies stating completion of project and recommending acceptance; Have available at site, or in office, a full time representative who can answer citizens' lnquir'es; Attend meetings with the City Council and/or Historic Preservation Commision, if required, both during the course of construction and at the time of final project acceptance, and make presentation; Prepare as-buiit drawings; Review laboratory reports, materials, and equipment. D. Special Services 1. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; Land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and drafting; Assist the City as expert witness in litigation arising from the development of construction of the project and in hearings before various approving and regulatory agencies. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Investigation and Recommendation Phase -100 days after signing of this Agreement. Design Phase - 80 days after written approval of the Investigation and Recommendation Phase Contract Adminstration Phase - As required for Construction. Anticipated construction time is 8 months. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "amount not to exceed" amount ilsted in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, the Consultant shall have the right to employ such assistance as may be required for the perl~ormance of the Project. It is agreed by the City that all records and flies pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to ensure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant Io satisfactorily pedorm in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficlent to properly complete the Project in accordance with this Agreement. 4 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies of the Consultant's own filling use. Fees paid for secudng approval of authorities having jurisdiction over the Projecl will be paid by the City. IV. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this agreement on an hourly basis at the hourly rates shown in Appendix A, attached hereto, with a maximum not to exceed amount for each phase: Investigation and Recommendation Phase: Twenty-Two Thousand Two Hundred seventy dollars ($22,270.00). Design Phase: Forty-Six Thousand Four Hundred dollars ($46,400.00). Project Administration: Forty-Eight Thousand Eight Hundred Twenty dollam ($48,820.00). V, MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Title: Mayor Pro tern Date: Sepl-PmbPr t?, ]qq~ Date: DEFEATED RESOLUTION NO. RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF THE 1995 CURB RAIV]P PROJECT. WHEREAS, All American Concrete, Inc., of North Liberty, Iowa, has submitted the lowest responsible bid of ~170,301.90 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: Contract for the construction of the above-named Project is hereby awarded to All American Concrete, Inc., of North Liberty, Iowa, subject tothe condition that awardee secures adequate performance and payment bonds, 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 secures adequate performance and payment bonds, insurance certificates, and contract compliance program statements. Passed and approved this day of , 1995. ATTEST: CITY CLERK MAYOR Prd~ Approved by it was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmo[ Office ~ ,~- '~.5'"'~ the Resolution be ADVERTISEMENT FOR BIDS 1995 CURB RAMPS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 6th day of September, 1995, 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 upen by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on September 12, 1995, or at such later time and place as may then be scheduled. The Project will involve the following: Construction of 9,500 SF of 4" and 6" Port- land Cement Concrete sidewalks and curb ramps. 650 LF of remove and replace curb, 840 SF of roadway pavement, and other associated work. All work is to be done in stdct compliance with the plans and specifications prepared by the City of Iowa City Engineering Division of Iowa City, Iowa, which have heretofore been ap- proved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be mad6 payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa C~ty 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 maintenance of said Project, if required, pursuant to the provisions of th~s 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 unti~ a contract is awarded, or until rejec- tion 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 hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved by the City Council, and shall guarantee AF-1 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 mainte- nance of the improvement for a period of live (5) years from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 100 Late Start Date: October 2, 1995 No-Work Period: November 15, 1995-April 1, 19~,~ Liquk,, ,ed Damages: $100 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. A $10 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minodty contrac- tors 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 quanti- ties, umt prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documenta- tion of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available at the City, and can be obtained from the Civil Rights Specialist at the Iowa City Civic Center by calling 319/356-5022. By wrtue of statutory authority, preference will be given to products and provisions grown and cnel produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Recipro- cal Preference Act, Section 23.21, Code of Iowa (1991), 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. AF-2 Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-3 RESOLUTION NO. 95-280 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE GOVERNMENT BUILDINGS DIVISION OF THE PARKS AND RECREATION DEPARTMENT, WHEREAS, Resolution No. 95-50 adopted by the City Council on March 7, 199,5, authorized permanent positions in the Government Buildings Division for FY96; and WHEREAS, a temporary position has been eliminated, making funding available. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Government Buildings Division be amended by: The addition of one part-time (.25) Custodian, AFSCME paygrade 1. Passed and approved this 12th day of September , 1995. ATTEST:ciT~ ~'~ ~ MAr(OR ~..,~!~)'m It was moved by Lehman and seconded by adopted, and upon roll call there were: Thromnorton the Resolution be AYES: NAYS: ABSENT: x x X ._~ X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton humanrel~gov~bldg.me RESOLUTION NO. 95-281 RESOLUTION AMENDING RESOLUTION NO. 95-180, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL #6'10, TO BE EFFECTIVE JULY I, '1995, THROUGH JUNE 30, '1996. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 1995, through June 30, 1996, and WHEREAS, the City Council, by Resolution No. 95-180, approved said Agreement on June 27, 1995, and WHEREAS, the Agreement contained several minor errors which have since been discovered by the parties to the Agreement, and WHEREAS, it is in the interest of the City and the Union to correct said errors in the Agreement, which corrections are attached to this resolution and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The above-referenced Agreement between the City and the Union is hereby approved, as amended, by the City. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 12rh day of September , 1995. ATTEST: ~ CITY CLERK Reaolutlon No. 95-281 Page 2 It was moved by T:~,.,.~4~,~<,.,.,~, .and seconded by adopted, and upon rol} call there were. Kubby · AYES: NAYS: ABSENT: __X X the Resolution be ... Baker ~ Horowitz ... Lehman Novick Pigott .. Throgmorton to which they would otherwise be entitled under the laws of the State of Iowa for the duration exce ARTICLE XXV SAVINGS CLAUSE Should an unenforceable shall apply only to the decision and the shall be required as a Section, or any portion thereof of this Contract be of law or by any tribunal of competent ;ific Article, Section or portion t Contract shall remain in full force an( of their Contract with each other to manner which would cause to neglect their duties under law ol violation of the law. If replacement provisions deemed necessary by the Uni notice to the other party of their to reopen Negotiations will begin within ten unless extended unlawful and such decision void in the Neither party themselves in a engage in activities in or the City they shall give of the Agreement. written agreement. LE XXVI This Contract shall be in effect continue from year to year thereafter unless either party prior to August 15 of the year preced extension thereof. 1993, and June 30, 1994, and shall ge or modify it is served by expiration date of this Contract or any Section 1. The effective date any fiscal year will be the first day 24 and July 7, inclusive. Effective dates over the n~ and pedod which ~rs are as follows: adjustments applicable to the dates of June July 1, 1§~5 June 28, 1997 June 2y1996 June 27, 1998 Section 2. The ba~ pay of each step for the Iowa City Fire De Lieutenants, and Captai~,~ will be increased by three and one-quarter (3.25) beginning of Fiscal Yea~'1996, said adjustment to become effective on the appr defined in Section 1 a~ove. A copy of the pay plan for FY96 is attached to this Exhibit A. 22 Firefighters, at the date as .~ement as \, rgaining unit members will be eligible for salary adjustments to the next step as follows: Step B - after six (6) months at Step A. C - after six (6) months at Step B. D - after one (1) year at Step C. E - after one (1) year at Step D. Ste - after one (1) year at Step E. Step hall be granted only after the employee has achieved/~satisfactory rating as determined ~e discretion of the Fire Chief. / Bargaining un ~eh~bers promoted to the ranks of Fire Lieutenant or F~lre Captain shall receive the greater of a on~ step increase or increase to the salary ran~'e minimum upon promotion and shall be eligibl' to receive a one step increase, not to exc~d the salary range maximum, one year following .~ promotion. ARTICLE XXVIIi / E~, COMPENSATION / Section 1. There will ] :~f li ~g allowance if and'when and to the extent the cost of living exceeds nine percent (9~/,,) ~dn~~ntract yea,r/subject to a maximum pay out of two percent (2%) of an employee s base for the q,u§rter in question. The method and basis for computing the allowance will be All computations will be based (CPI-W) published by the Bureau Urban and Clerical Wage Earners in the revised Consumer Pdce Index Statistics. U.S. Department of Labor. cities, 1967=100. b. The base index month shall for FY94. Cost of living computation,' be made difference behNeen the for the November, February. May of each ~rterly to determine the percent index month and for August, fiscal year. Quarterly cost of livil day of the month living has' cost of living employee's made allowance pay adjustments II be made effective the first the month in which it is that the cost of in excess of nine percent (9%).lowever, these quarterly are limited to a maximum percent (2%) of an for the quarter in question. any payments final quarter described in ction (c) shall not be included base salary of any employee but shall basis. Payments made forthe remaining shall included in the employee's base salary. on a one-time, quarters, if any, e. N~7~ost of living adjustment will have the effect of reducing the sa~ry schedules 6t forth in Article XXVIII, Compensation of this Agreement.~k Section 2. Lonc~evit¥ Pa¥. A payment will be made to permanent full-time employees as of December 1 of each fiscal year to reflect years of service with the City according to the following schedule: Lenqth of Service on December I / ~ 5 years 1 day- 10 years $275.00 ~ 10 years I day - 15 years 450.00 ~ 15 years 1 day - 20 years 600.00 / '"~/ears I day + 750.00 Thi~ayment will be prorated on the basis of monthly segments for members who ret' e before Deceh~ber 1 in any fiscal year. Any employee who terminates/after December 1 will re'mbu~ rse the ~, on the same proration. / Section 3. Axpayment of $525 will be made to each permanent full-time bargaining unit employee as of Dece'~ber I of each fiscal year. In the event thOr'an employee terminates for any reason after Decether 1, he/she will reimburse the City fr~ofn this payment on a prorated basis (monthly segments')X For example, an employee who/etires on January 1, will return $200.00 of the Decembe%ayment. Section .4 Each permah~nt, full-time bargaining/unit employee who is a duly certified E Medical ecT hnician-De,fibrillator as of the,,fifst day of the contract benefit period as d feed n~le XXVII, eS ction 1 above, shall receiy~a payment of two hundred and seventy- five dollars ($275.00) on the second ~)a.~ day of t/l~ fiscal year. Current policies governing the us~of holida'~kcompensatory and vacation time will app y uniformly on a departmental basis. / Once holiday, compensatory ?hd vacation time is,approved and scheduled, its use shall not be denied except: / 1. In emergency 2. Where mir' cannot be achieved due't~ unavailability of replacement personnel. Where ¢/2 3lies, it is understood that the emplo"~,r will place up to four telephone calls to atter to secure a replacement for an employee whose scheduled time is subject to cance ! If no replacement is secured, the scheduled time ~)f~ is cancelled unless the affected em , secures a replacement. Efforts employer to contact replacement personnel (other th~ the number of telephone call shall not be grievable under the provisions of this a[J ee~ 24 ~-., ~00 If an employee assigned to hi~,/her benefit payout will I rate. SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIQNAL FIREFIGHTERS / IAFF, AFL-CIO, LOCAL 610 / ~For contractual puq3osee, a Ueutanant assigned to the Tralnlng/Pu.b[Ic Education assignrr)~nt will ",x~,defined as Ueutenant under Artlcle I of the Collective Bargalmng Agreement. / A L~utanant (56 hours per week) assigned to the Tralnlng/Publlc Education asslg)~'nent with a 40 ho'~ work week schedule, will continue to accrue va..~tion sick leave and hol~ay time at the higher s'hl,ff rate while on the 40 hour assignment, and wdl use benefits on a pro/-dat~ basis. The ratio of shITI. I~ ours), to reg jlaJ week (40 hours), is 1.4. Therefore, this ratiOwill be used when reporting al usage; I.e., for every I hour of time taken, 1.4 hours wtlrbe reflected on the accrual Work Week: hours/40 hours 56 = 1.4 Annual 2912 hours/2080 hours = 1.4 Holiday Ttme: 123 hourslee hours = 114 hour schedule termmate~mploymant while on this schedule, - ~lated on a 56 hour b~ifit schedule, at the 56 hour work week the The annual salary for a Lieutenant equivalent of pay grade 37, ? Educafion sssignmant will be the to reflect a 40 hour work week. ~ St~ .Steo 2 Ste.....~p.~ FY94 17.26 18.06 1,444.80 37,564.80 A Ueutenant with this would be placed at step he/she held In grade 36. He/she would be eli 3 In accordance with XXVII WAGES Section 2. When time 8 hours per day every effort will ~xmade to adjust the remal.n. der of the wo~ w,)rk hours to 40 per work .w..eak. If thais not possible, comp time will be acc~ overtline will be paid In accordance w~th appllcabre.~aws. The petrie,, that this side letter take effect from July 1, 1993, to J0qe 30, 1994. CITY~ IOWA CITY IOWA CITY ASSOCIATI' I' I~ OF / PROFESSIONAL F1REFIGI~TERS ' IAFF, AFL-CIO, LOCAL ~'6 / Assistant City Manager President to which they would othenNise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenfomeable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union orthe City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1995, and June 30, 1996, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extension thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation and benefit adjustments applicable to any fiscal year will be the first day of the pay pedod which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years are as follows: July 1, 1995 June 29, 1996 June 28, 1997 June 27, 1998 Section 2. The base pay of each step for the iowa City Fire Department Firefighters, Lieutenants, and Captains will be increased by three and one-quarter (3.25) percent at the beginning of Fiscal Year 1996, said adjustment to become effective on the appropriate date as defined in Section 1 above. A copy of the pay plan for FY96 is attached to this agreement as Exhibit A. 22 Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step B - after six (6) months at Step A. Step C - after six (6) months at Step B. Step D - after one (1) year at Step C. Step E - after one (1) year at Step D. Step F - after one (1) year at Step E. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall receive the greater of a one step increase or increase to the salary range minimum upon promotion and shall be eligible to receive a one step increase, not to exceed the salary range maximum, one year following the promotion. ARTICLE XXVlll OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: All computations will be based on changes in the revised Consumer Price Index (CPI-VV) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1995 for FY96. Cost of living computations will be made quarterly to determine the percent difference between the CPI-W for the base index month and for August, November, February, and May of each applicable fiscal year. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. 23 Section 2. Longevity Pay. A payment will be made to permanent full-time employees as of December 1 of each fiscal year to reflect years of service with the City according to the following schedule: Len(~th of Service on December 1 5 years 1 day - 10 years 10 years 1 day - 15 years 15 years 1 day - 20 years 20 years 1 day - 25 years 25 years 1 day + $275.00 450.00 600.00 750.00 1,000.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $525 will be made to each permanent full-time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a profsted basis (monthly segments). For example, an employee who retires on January 1, will return $200.00 of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician-Defibrillator as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of two hundred and seventy- five dollars ($275.00) on the second pay day of the fiscal year. ARTICLE XXIX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: In emergency situations. Where minimum staffing cannot be achieved due to unavailabil~ty of replacement personnel. VVhere #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. 24 FIRE PAYPLAN - FY96 EFFECTIVE JULY f, f995 TI JOBTITLE 35 FIREFIGHTER FIRE LIEUTENANT 37 FIRE CAPTAIN STEP: A $9.58 $1,072.96 $27,896.96 $11.83 $1,324.96 $34,448.96 $12.96 $1,451.52 $37,739.52 b C D E F $9.98 $10.45 $1,117.76 $1,170.40 $29,061.76 $30,430.40 $12.36 $12.96 $1,384.32 $1,451.52 $35,992.32 $37,739.52 $13.48 $14.10 $1,509.76 $1,579.20 $39,253.76 $41,059.20 $10.85 $1,215.20 $31,595.20 $11.34 $1,270.08 $33,022.08 $11.83 $1,324.96 $34,448.96 Page I SIDE LETrER OF AGREEMENT BE'I~/EEN CITY OF IOWA CiTY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 For contractual purposes, a Lieutenant assigned to the Training/Public Education assignment will be defined as Lieutenant under Article I of the Collective Bargaining Agreement. A Lieutenant (56 hours per week) assigned to the Training/Public Education assignment with a 40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at the higher shift rate while on the 40 hour assignment, and will use benefits on a pro-rated basis. The ratio of shift (56 hours), to regular week (40 hours), is 1.4. Therefore, this ratio will be used when reporting accrual usage; i.e., for every 1 hour of time taken, 1.4 hours will be reflected on the accrual usage. Work Week: Annual Hours Worked: Holiday Time: 56 hours/40 hours = 1.4 2912 hours12080 hours = 1.4 123 hours/88 hours = 1.4 If an employee assigned to a 40 hour schedule terminates employment while on this schedule, his/her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. The annual salary for a Lieutenant in the Training/Public Education assignment will be the equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week. Pay Plan. Step 1 Step 2 Step 3 FY94 18.14 18.87 19.74 1,451.20 1,509.60 1,579.20 37,731.20 39,249.60 41,059.20 A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible for increases in accordance with ARTICLE XXVII WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The parties agree that this side letter take effect from July 1, 1995, to June 30, 1996. CITY OF IOWA CITY IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL.CIO, LOCAL #610 By: By: Assistant City Manager President Date: fireside.ltr Date: City of Iowa City MEMORANDUM Date: September 8, 1995 To: City Council From: Dale Helling, Assistant City Manager Re: Corrections to the Fire Contract This year, Fire Union representatives did not complete their review of the draft of the collective bargaining agreement prior to July 1. In the absence of that response, I submitted the document for Councirs approval on June 27, 1995, to insure that the City had taken apprepdate action on the arbitrated agreement. Since that time, the Union has responded and we have agreed that the following changes be incorporated into the agreement: Article XXVI has been changed to reflect the appropriate effective dates of the agreement. Article XXVlll, Section lb. has been changed to indicate a base index month of May, 1995. Article XXVIII, Section 2 has been amended to add a fifth category of 25 years-plus for eligibility for longevity pay of $1000. This provision was negotiated two years ago and was part of the settlement agreement for FY95. The approved pay plan has been changed by designating each step with letters rather than numbers to correspond with references contained in the agreement. The final "Side Letter of Agreement" regarding compensation for a Lieutenant assigned as the Training/Public Education Officer has been amended by updating the steps in the pay plan to reflect the FY96 plan and by amending the effective dates of this Side Letter to correspond with the current fiscal year. These changes simply involve the inclusion in the new contract of provisions which have existed in past agreements. It is desirable to make these changes now in order to keep the agreement up to date and to insure that it accurately reflects the dghts and benefits which the contract affords all parties. ac~9- 7 dh