HomeMy WebLinkAbout1998-10-20 ResolutionRESOLUTION NO. 98-325
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and having
a valid beer, liquor, or wine license/permit, to wit:
The Que Bar - 211 Iowa AvenUe
Maxies - 1920 Keokuk Street
It was moved by Thornberry and seconded by 0'Donnell
as read be adopted, and upon roll callthere were:
that the Resolution
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Passed and approved this 20th day of October , 1998
ATTEST: C~//t/''
City Attorney's Office
a\danceprm.res
Prepared by: Jeff McClure, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 98-326
RESOLUTION ACCEPTING THE WORK FOR THE SOUTHGATE AVENUE AND
WATERFRONT DRIVE PAVING IMPROVEMENTS AND WEST PEPPERWOOD
RELIEF SEWER PROJECT.
WHEREAS, the Engineering Division has recommended that the work for construction of the
Southgate Avenue and Waterfront Drive Paving Improvements and West Pepperwood Relief
Sewer Project, as included in a contract between the City of Iowa City and Metro Pavers Inc.
of Iowa City, Iowa, dated May 20, 1998, be accepte.cl; and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 20th
ATTEST:C~~.
day of Oct r , 19 98
Approved by
City Attorney's Office
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
O'Donnell
AYES: NAYS: ABSENT:
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
pwengVes~southgat.doc
ENGINEER'S REPORT
October 7, 1998
Honorable Mayor and City Council
Iowa City, Iowa
RE:
Southgate Avenue and Waterfront Drive Paving Improvements and West
Pepperwood Relief Sewer Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Southgate Avenue and Waterfront
Drive Paving Improvements and West Pepperwood Relief Sewer Project has
been completed by Metro Pavers, Inc. of Iowa City, Iowa, 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 $636,500.00
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
SinZcClure, p~
Civil Engineer
410 EAST WASHINGTON STREET * IOWA ('ITY, IOWA 52240-1826 · (319) 356-5000 * FAX f319) 356-5009
City of Iowa City
MEMORANDUM
Date: October 13, 1998
To: Steve Atkins
From: Kim Johnson
Re: Agenda Items
The following are costs associated with Capital Improvement Projects being
presented for acceptance at the October 20th Council meeting:
1)
Southgate Avenue and Waterfront Drive Paving Improvement and
West Pepperwood Relief Sewer Project
Contractor.' Metro Pavers, Inc.
· Project Estimated Cost: $ 830,312.00
· Project Bid Received: $ 627,286.00
· Project Actual Cost: $ 636,500.00
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 98-327
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 27 CAROLINE COURT, IOWA CITY, IOWA
WHEREAS, on December 6, 1996, the property owner of 27 Caroline Court, executed a
Mortgage through the City's Housing Rehabilitation Program; and
WHEREAS, this document created a lien against the property; and
WHEREAS, the loan was paid off on October 1, 1998; and
WHEREAS, the lien needs to be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The Mayor is authorized to sign and the City Clerk to attest the attached Release of
Lien for recordation, whereby the City does release the property located at 27
Caroline Court, Iowa City, Iowa from the Mortgage recorded January 7, 1997 in
Book 2209 Page 26 through 30 of the Johnson County Recorder's Office.
Passed and approved this 20th
ATTEST:~ ~.
day of October ,1998.
Approved by
City Attomey's Office
It was moved by Thor'nber~'y and seconded by 0'Donne] ]
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thornberry
X Vanderhoef
ppdrehab/res/27carol.doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 27 Caroline Court, Iowa City,
Iowa, and legally described as follows:
Lot 15, Giblin's Third Addition to Iowa City, Iowa, according to the plat thereof
recorded in Book 5, Page 12, Plat Records of Johnson County, Iowa,
from an obligation of the property owner, Ivy M. Wilkes, to the City of Iowa City in the
total amount of 97,415 represented by a Mortgage recorded on January 7, 1997 in Book
2209 Page 26 through Page 30 of the Johnson County Recorder's Office.
These obligations have been satisfied and the property is hereby released from any liens or
clouds upon title to the above property by reason of said prior recorded documents.
c~"~yOR
ATTEST: ~
CITY CLERK
Approved by
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this =70 ~-- day of ~c~r , A.D. 19 7~ , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. ?~ 32Fr, adopted by the City
Council on the ~o ~ day ~c L~c-Fo~,,__ , 19 ~' and that the said Ernest W.
Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
I
ppdrehab/27caml.doc
Notary Public in and for Johnson County, Iowa
10-20-98
4d(3)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 98-328
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT,
A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT
1932 HAFOR DRIVE, IOWA CITY, IOWA
WHEREAS, on April 11, 1995, the property owners of 1932 Hafor Drive executed a
Rehabilitation Agreement, a Promissory Note and a Mortgage for the amount of 82,828
through the City's Housing Rehabilitation Program, and
WHEREAS, these documents created a lien against the property; and
WHEREAS, the owners paid off the loan on October 1, 1998; thus,
WHEREAS, the lien needs to be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at
1932 Hafor Drive, Iowa City, Iowa from the Rehabilitation Agreement, Promissory Note
and Mortgage recorded on September 13, 1995 in Book 1967, Page 296 through 307 of
the Johnson County Recorder's Office.
Passed and approved this 20th
ATTEST: 2~C~
CITY CLERK
day of 0c~)er ,1998.
Approved by
City Attorney's Office
It was moved by Thornberry
adopted, and upon roll call there were:
AYES:
X
X'
X
X
X
X
X
ppdrehab/rer~1932hafo.doc
and seconded by
NAYS:
O'Donnell
the Resolution be
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1932 Hafor Drive, Iowa City,
Iowa, and legally described as follows:
Lot Sixty-one (61) in Penny Bryn Addition, Part III, to the City of Iowa City, Iowa,
according to the plat thereof, recorded in Plat Book 14, Page 58, Plat Records of
Johnson County, Iowa,
from an obligation of the property owners, Pravinkent and Kumusben Patel, to the City of
Iowa City in the principal amount of 92,828 represented by a Rehabilitation Agreement, a
Promissory Note, and a Mortgage recorded on September 13, 1995 in Book 1967 Page
296 through Page 307 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or
clouds upon title to the above property by reason of said prior recorded documents.
ATTEST: CiT~C~E-RK~p
Approved by
City Attorney's Office
STATE OF IOWA )
)
JOHNSON COUNTY )
SS:
On this ~o+3 day of Oc~,~Ae-- , A.D. 19 72 , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. ~'- sag , adopted by the City
Council on the 9~p ~L day o-F ~)c-,Lo ~ ,- , 19 f V and that the said Ernest W.
Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
ppdrehab/1932hafo.doc
Notary Public in and for Johnson County, Iowa
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 98-329
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE IN THE
FORM OF A TEN YEAR DEPRECIATION LIEN FOR THE PROPERTY LOCATED AT
724 RONALDS STREET, IOWA CITY, IOWA.
WHEREAS, on November 1, 1988, the owners of 724 Ronalds Street executed a
Promissory Note in the form of a ten year depreciation lien through the City's Housing
Rehabilitation Program, and
WHEREAS, this document created a lien against the property; and
WHEREAS, the terms of the note have been satisfied; thus
WHEREAS, the lien needs to be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 724
Ronalds Street, Iowa City, Iowa from the Promissory Note recorded on November 29,
1988 Book 1036 Page 467 through Page 468 of the Johnson County Recorder's Office.
Passed and approved this 20th day of
ATTEST:C~ ~-
October ,1998.
Approved by
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
O'Donnell
the Resolution be
AYES:
X
X
X
X
X
X
X
NAYS:
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
ppdrehab/res/724ronal.doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 724 Ronalds Street, Iowa City,
Iowa, and legally described as follows:
Lot 7, in Block 12, in Iowa City, Iowa, according to the recorded plat thereof,
subject to easements and records of restrictions thereof,
from an obligation of the owners, Kent H. Gregg, Gary Dunne and Kathleen A. Carol, to
the City of Iowa City in the principal amount of ~ 11,000 represented by a Promissory Note
in the form of a ten year depreciation lien recorded on November 29, 1988 in Book 1036
Page 467 through Page 468 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or
said prio rded documents.
clouds upon title to the above property by reason of ~
ATTEST:
CITY CLERK
Approved by
~ity Attorney's Office
STATE OF IOWA )
)
JOHNSON COUNTY )
SS:
On this J-o/-zu day of ~-J~c~- , A.D. 19 ct %' , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. ~- ~7~]_, adopted by the City
Council on the c; o~'/cday L~t:' /gc+~.,/~e_~- ' , 19 ~S and that the said Ernest W.
Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
ppdmhabr/24rona.doc
Notary Public in and for Johnson County, Iowa
10-20-98
4d(5)
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
RESOLUTION NO. 98-330
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE
FEDERAL RECREATIONAL TRAILS PROGRAM FOR THE WILLOW CREEK
TRAIL.
WHEREAS, the Iowa Department of Transportation has made funds available for trail projects
through the Federal Recreational Trails Program; and
WHEREAS, the Willow Creek Trail is shown on the Johnson County Council of Governments'
Iowa City Urbanized Area Bicycle Facilities Network Map; and
WHEREAS, the City of Iowa City constructed a segment of the Willow Creek Trail from
Highway 218 to Mormon Trek Boulevard in 1998; and
WHEREAS, Federal Recreational Trails Program funds would allow the completion of the next
segment of the Willow Creek Trail from Mormon Trek Boulevard to Willow Creek Ddve.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Staff is authorized to submit an application to the Iowa Department of Transportation for
Federal Recreational Trails Program funds for the Willow Creek Trail.
Staff is authorized to file any additional documentation that is required by the Iowa Department
of Transportation.
Passed and appreved this 20 th
A'FTEST: ,,i;21~CLE~--L~RK ~-
CI
The City agrees to maintain the trail for at least twenty years if funding is approved.
o c ,
A d by
C A ffice
It was moved by Thornberry
adopted, and upon roll call there were:
AYES:
X
X
X
X
X'
X
X
and seconded by
NAYS:
O'Donnell
the Resolution be
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
10 -20-98
13
.I
Prepared by: Jeff Davidson, Asst. Director, Dept. of Planning & Comm. Dev., 410 E. Washington St., Iowa City, IA
52240 (319) 356-5252
RESOLUTION NO. 98-331
RESOLUTION AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF
AGREEMENT SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC
PRESERVATION REGARDING THE IOWA INTERSTATE RAILROAD-
CRANDIC RAILROAD INTERCHANGE RELOCATION PROJECT
WHEREAS, the City of Iowa City has entered into an agreement with the Iowa Department of
Transportation for an Iowa Clean Air Attainment Program grant which will relocate the interchange
between the Iowa Interstate Railroad and the CRANDIC Railroad in order to reduce traffic
congestion on artedal streets in south Iowa City, and
WHEREAS, in conjunction with the project the Federal Highway Administration and State Historic
Preservation Office have required investigation of the removal of a reinforced concrete slab bridge
which is eligible for listing on the National Register of Historic Places, and an investigation of the
impact on the Iowa Amana Villages, a district which is listed on the National Register of Historic
Places and a National Historic Landmark; and
WHEREAS, investigations required by the Federal Highway Administration and State Historic
Preservation Office have been completed and findings of no adverse effect upon historic property
have been determined; and
WHEREAS, Iowa City in conjunction with the proposed project has been asked to participate in a
memorandum of agreement with Federal Highway Administration and State Historic Preservation
Office in conjunction with the investigations that have taken place under Section 106 of the
National Historic Preservation Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Mayor is authorized to sign a memorandum of agreement with the Federal Highway
Administration and the State Historic Preservation Office in order to receive Iowa Clean Air
Attainment Program funds for the relocation of the Iowa Interstate Railroad-CRANDIC
Railroad interchange track.
2. Staff is authorized to place the completed documentation records from investigation of the
historic facilities at the State Historical Society of Iowa with photocopies of the study provided
to the' Johnson County Historical Society, the Amana Colonies Land Use District, the Amana
Historical Society and the Iowa Department of Transportation Library for their collections.
3. Staff is authorized to provide any additional documentation required in conjunction with this
matter.
Resolution No. 98-331
Page 2
Passed and approved this 20th
AI'I'EST: C~K ~/2.
day of October ,1998.
Approved by
City Atto;'ney's Offi~
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry
AYES: NAYS: ABSENT:
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
jccogtpVes~n~m.d~
MEMORANDUM OF
DRAFT
AGREEMENT
SUBM1YrED TO THE AD~I$ORY COUNCIL ON HISTORfC PRESEtVCATION
PURSUANT TO 3~ CRF 800t(a)
STP-A-37I~(I2)--86~52
CMSL&~BRIIK~E
WHERFAS, the Federcd Higt-mm~dminf~ru~ {FHWA~ ~s to fund constn. tction of cr new
1600' foot long swi~c-htng trcmt¢ localedl irr the Amr~r~ Cobn~ on the Iowct Interstc~e/CRANDIC
Railroad lines cmd has consulted wi[h the Iowa State HistoricPreservation Officer
pursuant to 36 CFR Part 800 regficffiona ~mptemenfing Section 106of the Ncfionefi
Prese;v~ilorr Act (i6 U.S.C. Section
WHEREAS, ~ has determlr~d that the remuval of the ~-span, 64 f~ ~ ~ t3 ~t ~e
~f~fic~ re~c~ cona~e ~ ~e, ~~ ~ ~c~o, M~~& SL hl
(~St.P) Tre~e, ~ich is e~le ~ ~ on ~e N~ ~er of ~ ~, ~
~der to co~t ~ new bMage, w~ ~ M~e- ~t ~n this ~to~ ~~;
WHEREAS, the proposed project wh/ch is located on Amarn Cotonies land L5 mite west of the
Homestead~ one of the seven/L,'ncmcr conunuifites, wu~s found to have crNo Acl~,e~e: Effect upon
the Iowa Amcmn Viirages, a disSizt wh~h is listed on the ~kmnl Regisfen of tqLqtof/c Maces
and a Nationa~ Historic Landmark;,
WHERFAS, towu City will let' cmd construct the proposed undertuking, has po~ tlclpc~ted in the
ccmsulfatiorrwffiE}iWA cmcLSHPO ~n,-~ ~ heerfin~edto cottour in thisMemorcmdnm of
Agreement;
FHWA wilt ensure that the folknvinc3 metmutes cu'e~~ut:
As m/i/gatton for the removcg of CM/aqtP ]q~je, IowaC'Ry, fn cons,fit~fnrt with
the S~, will have the s~orlr~the bridge and its features recorded with
appropriate pho[ographs, cku:wlngs~ and bjstoficfl[descfiption as specified in
the attuched Appendir towu: [:Fj. storic Property S~idTT Bridge.
Iowa City shall have the document in stipulation t piega~ed by a person or lh-m wh<! is
acceptable to the SHPO and whose education and professional experience meets the
Secretary of the Interiors profess/onal qu~atlen ~,~u~dards.
DRA T
CMSt. aP Sri~e
The SHt:O wilt review the comple~ed report fo~ professionsl crnd tec~micc~ complkmce
with the recommen~cmcf guidstim=~. a-t~fx r.
Iowa City will place thecon'rp~ed documerrtc~crn rec~rc[s st the S~e t-F~oricaJ Shciety
c~ Iowa wi~h photocopies efthes~udy prcNided to bhns~ County I-Iis~ericut Society, the
/hncu~a Cobhies Lcmd Use ~ the Amcmcr PHsfoficc~ Society cmd:~e Iowa
Dep, m'fmeni of Trcmspo~k~L~r~ri f~ their cet~ec'Lic~s.
Execution of this Memorandum of Agrccmem blrFHWA a~d ff~Iowa SHt:~, it's subsequent
ucceptance by the Counci]j and irn~ernenta~orr of Fts~errn~ evidence -thc~Ffi'V~Ab~s_uik,~-ded
fhe CouncR Gn opportunity LQ cOmme]gi OP~ this pro~:~¢[ (]nc[~iLs ef/ects on hi~or~c, p[~s, find
tha~ FHWA hos to. ken into accoum-theeflecks of theumfer~rrt~r~Cj on historic ~.
FEDF~AL HIGI{I~AYADBLS~r~{AY1QN
In~ct Divisio~/~dm~nistrator Date
IOWA STATE H}STORtC PRESEEWAII01~ OFFICER
Concur: C~ of Ic~a Qty
D~e
ACCEPTED for t~h~- Advisory Councjtont:~L~torfc P~esefvc~ion
I10-20-98
14
Prepared by: Karin Franklin, Director, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232
RESOLUTION NO. 98-332
RESOLUTION ACCEPTING THE WATER FEATURE CONCEPT CALLED
"WEATHERDANCE" FOR THE NEW DOWNTOWN WATER FEATURE AND
AUTHORIZING NEGOTIATION OF A CONTRACT WITH THE ARTISTS
ANDREA MYKLEBUST AND STANTON SEARS.
WHEREAS, the Downtown Streetscape Plan calls for the replacement of the existing fountain in
City Plaza; and
WHEREAS, the Public Art Advisory Committee selected a new water feature in City Plaza as the
principal public art project for FY99; and
WHEREAS, three semi-finalists were chosen by the project selection panel from 19 respondents
to a Call to Artists; and
WHEREAS, after a public presentation and public comment on October 13, 1998, the Public Art
Advisory Committee recommended at a meeting held October 14 that Andrea Myklebust and
Stanton Sears be selected as the preferred artists for their concept "Weatherdance."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The water feature concept called "Weatherdance" as submitted by Andrea Myklebust and
Stanton Sears be accepted as the concept to be used for the new water feature in the
downtown pedestrian mall and that a contract with Myklebust and Sears be negotiated for
work on the water feature project.
Passed and approved this' 20th
ATTEST:Ci, i~~ :~-
day of 0ct, Q.b r ,1998.
It was moved by Norton and seconded by Vander'hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
x O'Donnell
X Thornberry
X Vanderhoef
ppddir/res/waterfea.doc
WEATHERDANCE
A Proposal for the City of Iowa City Pedestrian Plaza & Fountain
Design by Andrea MyHebust and Stanton G. Sears
The Plaza
WEATHERDANCE tells a story about place, climate, and direction. The entire plaza has been designed as an
archerypal midwestern weather map. White clouds gather in the west, and wind blows across the prairie in a
warm advancing front, bringing rain. Water streams from cloud to ground, nourishing a patchwork quilt of green
fields in black earth. In the north, a cold front hovers at the edge of the plaza, reminding us of the cycle of
seasons, and offering the reassurance of a completed pattern.
The plaza functions as a compass, with Noah, South and East indicated in cast bronze letters embedded within the
granite field of the pavement. A "W" for West is carved into the vertical surface of the limestone seatwail/planter
at the western edge of the plaza. The letter is partially visible, appearing and disappearing in the stone, wreathed
in cloud.
The shape of the plaza is a symbolic representation of Johnson County. The curved line which defines the leading
edge of clouds in the weather map also functions as an abstract image of the Iowa River as it flows through the
county.
Water
Essential to life, ephemeral but constant, moving water is the focal point of the plaza. Seven jets of water rise
from recessed nozzles in the pavement to land in a series of arcs in the green granite fields. These laminar streams
of water are glass-like and appear almost still, save for the gentle splash of their landing. The arcs of water create
a passageway through which a person may walk without getting wet, if that is their wish. Reach out a hand to
interrupt the flow, and a soaking may ensue.
Details
Two manhole covers which must remain on the site in their present positions are incorporated within the design of
the plaza as cast bronze sculptural elements. The Storm manhole cover is rendered with the image of a
cumulonimbus cloud and rain. At the boundary of the green granite field, another manhole cover depicts Harvest,
with corn, wheat, soybeans and native prairie plants.
Within the red granite arc representing the wind, a series of square bronze pavers illustrate state symbols and local
geology.
Materials
Water, thermal-finish granite pavers in standard dimensions and wire- or water-cut granite pavers, cast bronze,
carved limestone.
10-20-98
16
Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 98-334
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN
AGREEMENT WITH JAMES AND LORE'IrA CLARK, FOR TEMPORARY USE
OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF MARKET STREET IN IOWA
CITY, IOWA.
WHEREAS, James and Loretta Clark are the fee owners of certain real estate described as the
east 40 feet of Lot 6, in Block 47, Original Town in Iowa City, Iowa and addressed as 414 Market
Street; and
WHEREAS, James and Loretta Clark, hereafter "Owners," will be undertaking a house addition
located in Iowa City, Iowa on real estate legally described as the east 40 feet of Lot 6, all in
Block 47, Original Town; and
WHEREAS, Owners' construction will take place adjacent to their property along the north edge of
Market Street, and Owners wish to facilitate the safe execution of said construction and to secure
the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and
WHEREAS, Owners have requested the City also permit the temporary closure of a portion of the
sidewalk on the north side of Market Street between Gilbert and Van Buren Streets; and
WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of
public right-of-way; and
WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of a
portion of the sidewalk on the north side of market Street between Gilbert and Van Buren Streets,
and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also
finds that such temporary closure is in the public interest; and
WHEREAS, an agreement for the temporary use of the Market Street public right-of-way
containing certain conditions has been negotiated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
It is in the public interest to temporarily close a portion of a City sidewalk adjacent to Owners'
property along the north edge of Market Street in Iowa City, Iowa in order to assure a safe
construction site for the construction of a house addition, and thereby ensure public safety.
Such temporary sidewalk closing shall take effect beginning October 21, 1998 and end upon
substantial completion of the construction, but no later than January 1, 1999.
2. The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated
by reference herein is hereby approved as to form and content, and the Mayor is hereby
Resolution No. 98-334
Page 2
authorized to execute and the City Clerk to attest the Easement Agreement for and on behalf
of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owners'
expense.
Passed and approved this 20th day of 0ctobe~' ,1998.
A'I'FEST:C~ 7~.
MAYOR
Ap y
ney's /~ -z ' -
It was moved by Tho~'nberr',y and seconded by 0'Donnel ]
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
pweng/res/market.doc
Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY AND JAMES AND LORE'I'I'A CLARK, FOR A
PORTION OF MARKET STREET IN IOWA CITY, IOWA.
This Agreement is made by and between James and Loretta Clark,. hereinafter referred to as
"Owners," and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as
WHEREAS, James and Loretta Clark are the fee owners of certain real estate described as the
east 40 feet of Lot 6, in Block 47, Original Town in Iowa City, Iowa and addressed as 414 Market
Street; and
WHEREAS, James and Loretta Clark, hereafter "Owners," will be undertaking a house addition
located in Iowa City, Iowa on real estate legally described as the east 40 feet of Lot 6, all in
Block 47, Original Town; and
WHEREAS, Owners' construction will take place adjacent to their property along the north edge of
Market Street, and Owners wish to facilitate the safe execution of said construction and to secure
the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and
WHEREAS, Owners have requested the City also permit the temporary closure of a portion of the
sidewalk on the north side of Market Street between Gilbert and Van Buren Streets; and
WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of
public right-of-way; and
WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of a
portion of the sidewalk on the north side of market Street between Gilbert and Van Buren Streets,
and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also
finds that such temporary closure is in the public interest; and
NOW, THEREFORE, in mutual consideration of the promises herein, Owners and the City agree
as follows:
Owners are the fee owner of certain real estate described as the East 40 of Lot 6, all in
Block 47, Original Town in Iowa City, Iowa, and Owners will be undertaking construction of a
house addition located on this property along the north edge of Market Street. In order to
facilitate the safe execution of said construction and to secure the construction site from
pedestrian traffic, Owners have requested the City permit the temporary closure and use of
portions of the sidewalk right-of-way on the north side of Market Street between Gilbert and
Van Buren Streets.
In consideration of the City's permission herein to temporarily close a City sidewalk during
the construction of the house addition as described in paragraph 1 above, Owners agree to
secure the construction site against pedestrian and public traffic by providing adequate
traffic control, by providing adequate signage, and by fencing all open excavation while the
contractor is not working, thereby ensuring public safety and a safe construction site.
In consideration of Owners' promises here,n, the City agrees to allow Owners to temporarily
close a portion of the sidewalk right-of-way along the north side of Market Street between
Gilbert and Van Buren Streets adjacent to their property.
Owners agree to provide, keep in place, and maintain in good working condition certain
signage necessary to do the following:
a) route pedestrians.
b) provide advance warning.
c) provide for the orderly and predictable movement of traffic.
All signage shall be in accordance with the Federal Highway Administration Manual on
Uniform Traffic Control Devices.
Owners agree to abide by the requirements set forth by the City Forester in Exhibit A
attached hereto, in order to safeguard the condition and facilitate preservation of trees
located within City right-of-way adjacent to Owners' property along the north side of Market
Street between Gilbert and Van Buren Streets. Owners further agree to notify the City
Forester prior to any excavation work in said right-of-way in order to assess the course of
action to be taken to minimize any damage to the subject tree root systems.
Owners agree to indemnify, defend and hold the City harmless against any and all claims
for bodily injury, death or property damage arising out of its actions and those of its
contractors, subcontractors, agents, employees and assigns owner's use of the public right
of way under this agreement, specifically including any and all claims and/or liabilities which
may be alleged against the City as a result of its decision to allow Owners to temporarily
close a sidewalk adjacent to their property along Market Street as described herein. Owner
further agrees to carry Class II liability insurance in the minimum amounts of $500,000 each
occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage
with contractual liability coverage included. Owner shall furnish a certificate of insurance
evidencing said valid insurance coverage to City, which certificate must be satisfactory to
the City.
After the house addition construction is complete, Owners agree to restore any and all
portions of the sidewalk and right-of-way to its pre-construction condition, to the City's
complete satisfaction. City and Owners agree this Temporary Agreement shall be in effect
beginning October 21, 1998 and end upon substantial completion of the work, but no later
than January 1, 1999.
Notwithstanding the above, Owners agree to cease and desist their temporary use and
closure of the public sidewalk right-of-way and to remove any and all obstructions from said
right-of-way when any one of the following events occurs:
a. A breach of this agreement;
3
b. The use of the property changes and/or the temporary use of the public right-of-way is
no longer needed or appropriate, as determined by the City;
c. Within thirty (30) calendar days after the City gives written notice of removal to owner.
If Owner fails to remove any obstructions, barricades or signage from the public right-of-way
as required in this paragraph, the City may remove the obstructions, barricade or signage,
and the cost thereof shall be billed to owner for payment to City. Upon Owners' failure to
pay said billing, the removal costs shall be certified to Johnson County as a statutory lien
and assessed against the property and collected in the same manner as a property tax, as
provided in Section 364.12(2)(e), Iowa Code (1997).
o
Owners acknowledge and agree that no property right is conferred by this grant of
permission to use the public right-of-way; that the City is not empowered to grant a
permanent use of its right-of-way for private purposes; and, notwithstanding paragraph eight
(8), that the City may order the said temporary use terminated at any time if, for any reason,
the City Council determines that the property is needed for a public use and should be
cleared of any and all obstructions.
10.
This Agreement shall constitute a covenant running with the land, and shall be binding upon
and shall inure to the benefit of the respective heirs, successors in interest, and assigns of
both parties.
Passed and approved this 20t, h day of October
,1998.
A'I'FEST: ~r, ~' ~
City Clerk
CITY OF IOWA CITY OWNERS
//
4
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this Jo day of O~4~obe, , 19 ? ~' , before me, -%~J~a~
~r-,~- , a Notary Public in and for the State of Iowa, personally
appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in (-Ordinance) (Resolution) No. ? ~- ~3y-
passed by the City Council, on the ~'c2~tt' day of , 19 , and
that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to
be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this :2 :Z~'d day of
Notary Public in and for the State of Iowa
~1~ do~,,~.~,. ~F~: 3-7-
OWNER'S ACKNOWLEDGMENT
, 1998, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared James Clark, to me
known to be the identical person named in and who executed the within and foregoing
instrument, and acknowledged that he executed the same as his voluntary act and deed.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~__.~_.h~ day of
OWNER'S ACKNOWLEDGMENT
State
1998, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Loretta Clark, to me
known to be the identical person named in and who executed the within and foregoing
instrument, and acknowledged that she executed the same as her voluntary act and deed.
pweng/resimarket.doc
CITY OF IOWA CITY
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
RE:
Rick Fosse
Terry Robinson~
October 20, 1998
Hackberry Tree at 414 E. Market Street
In order to help the tree recover from the construction damage
it incurred the following steps should be taken.
Prune the stubbed branches on the east side of the
tree back to the proper locations.
Aerate with 2 or 3 inch holes placed 2 feet on center
and drilled 18 inches deep out to the drip line.
Back fill the holes with a mixture of 50% sphagnum
moss, 25% black topsoil, and 25% perlite. This
mixture may vary slightly depending on the consistency
of the products used. The company completing the work
can contact me with any questions.
Hackberry trees generally respond well to adverse conditions,
and even though this tree has suffered considerable root damage
I believe it will recover. The one limiting factor is, of
course, the weather during next year's growing season.
If you have any questions, please contact me.
RESOLUTION NO.
RESOLUTION AUTHORIZING FUNDING FOR THE AIRPORT COMMISSION
TO PROCEED WITH CONSTRUCTION OF A 120' BY 140' HANGAR
BUILDING, INCLUDING 20' BY 60' OFFICE AREA, AT THE IOWA CITY
MUNICIPAL AIRPORT.
WHEREAS, it is the intent of the Iowa City Airport Commission to attract and accommodate
corporate and business aircraft at the Iowa City Municipal Airport; and,
WHEREAS, the proposed hangar is part of the 1996 Airport Master Plan to replace space in the
United hangar and the current maintenance shop; and,
WHEREAS, the Airport Commission has negotiated a lease with Iowa City Flying Service to
lease the entire building; and,
WHEREAS, additional hangar space would be a capital asset to the Airport by increasing
revenue for the Airport Commission and increasing the number of based aircraft at the Iowa
City Municipal Airport; and,
WHEREAS, the cost of the project would be financed through an internal departmental loan, to
be repaid through hangar rental fees; and
WHEREAS, there were 5 bids on the project, as follows:
1. Unzeitig Construction $ 850,400
2. Abild Construction $ 742,000
3. Knutson-MidAmerica $ 734,614
4. McComas-Lacina Construction $ 684,596
5. Wendler Engineering $ 681,000
WHEREAS, the Airport Commission recommended accepting the bid of Wendler Engineering in
the amount of $681,000.00, pending approval of financing from the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the use of city funds to pay for the construction of a 120' by 140' aircraft
maintenance shop and multi-plane hangar building at the Iowa City Municipal Airport is hereby
approved.
Resolution No.
Page 2
Passed and appmved this
day of
,1998.
ATTEST:
CiTY CLERK
MAYOR
City Attorney's Office
It was moved by and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
the
dennis.mit~wendler2.doc
City of Iowa City
MEMORANDUM
Date: October 20, 1998
To:
From:
The Honorable Mayor Ernest W. Lehman and Members of the City Council
Dennis Mitchell, Assistant City Attorney ~
Re: Request to Defer Agenda Item
The Airport respectfully requests that the City Council defer the resolution authorizing funding
for the construction of a new aircraft hangar building (agenda item number 17) until the next City
Council meeting on November 3, 1998. The Airport Commission and Iowa' City Flying Service,
the proposed tenant for the new hangar, have not yet finalized a lease agreement for this
hangar. Construction of this hangar is predicated on the parties executing a long-term lease to
pay for the cost of the hangar..
Cc:
Ron O'Neil, Airport Manager
Airport Commission
Eleanor Dilkes, City Attorney
Stephen Atkins, City Manager
Marian Karr, City Clerk
18
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTION OF INTENT TO LEASE APPROXIMATELY 3.7 ACRES OF CITY-
OWNED LAND ON THE AREA KNOWN AS THE LOWER PENINSULA TO THE
BENEVOLENT AND PROTECTIVE ORDER OF ELKS, IOWA CITY LODGE
#590,FOR USE AS A DRIVING RANGE AND SE'I'I'ING A PUBLIC HEARING
ON SAID LEASE PROPOSAL FOR NOVEMBER 3, 1998.
WHEREAS, the Benevolent and Protective Order of Elks, Iowa City Lodge No. 590 (hereina~er
"Elks") have requested that the City lease the Elks for use as a driving range, approximately 3.7
acres of land on the lower Peninsula to the east of the area on which the City has granted the Elks
a permanent easement to establish two golf holes; and
WHEREAS, the Elks' proposal is set forth in its letter of October 5, 1998 and attachments thereto
a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, said lease is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council does hereby declare its intent to lease approximately 3.7 acres of land on the
lower Peninsula to the Elks for use as a golf driving range in accordance with the Elks'
proposal set forth in its letter of October 5, 1998 and attachments thereto, which are attached
hereto as Exhibit A and incorporated herein by reference.
2. A public hearing on said proposal should be and is hereby set for November 3, 1998 at 7:00
p.m. in the Council Chambers of the Civic Center, 410 E. Washington St., Iowa City, Iowa,
and that the City Clerk is hereby directed to cause Notice of Public Hearing to be published as
provided by law.
Passed and approved this
day of ,1998.
ATTEST:
CITY CLERK
MAYOR
City Attorney's Office
eleanor~elksres3.doc
__flod /Vo. 59o
BENEVOLENT AND PROTECTIVE ORDER OF ELKS
637 FOSTER ROAD
IOWA CITY, IOWA 52245
PHONE 319-351-3700 · FAX 319'358-2176
EXHIBIT "A"
October 5th 1998
Steve Atkins
City of Iowa City
410 E. Washington St.
Iowa City, Ia. 52240
Dear Steve:
Per telephone conversation with Eleanor Dilkes on October 5th, I am forwarding you
more information regarding the parcel of city owned land located on the lower peninsula
area which the Elks would like to rent/lease for use as a practice area for our membership.
Enclosed please find a copy of our letter to Mayor Leaman, dated May 8th, 1998, which
covers the basics of our proposal, and reiterates points discussed with yourself and other
members of city staff in a meeting held May 6m, 1998. Also enclosed is a photocopy of
Auditor's parcel ~97099 which details the area in question.(please note I have hi-lighted
in blue the area which the Elks would like to acquire on lease from the city.)
In your letter of June 22nd, you enclosed some correspondence you had received from the
Parks and Recreation Commission which voiced their concerns about the proposed
practice range. It should be brought to everyone's attention that the Elks have specific
reasons for this project, as listed below.
#1. This project, if approved would be a "relocation" of our current practice facility,
currently bordered by Foster Road, "No-Name" Road and Taft Speedway. As you
know, this area in recent years has seen a dramatic population increase due
to the Idlewild condominium development. Relocation of our practice area would
greatly reduce the chance of errant golfballs crossing over the above mentioned roads
and causing personal injury or damage to individuals or vehicles in the area.
The Elks Junior Golf Program has seen steady growth in participation in recent years,
and we would like to conduct our program in an area which is safer for children,
namely free of vehicular traffic. It should also be noted that our junior program
has always admitted non- membership (general public) participants who might not
otherwise have an opportunity to learn the basics of golf.
The projected usage level of the practice range on city owned land would be
approximately the same as usage on our current range, which on average, would
be no more than 10-12 individuals a day, at random time periods, with the exception
being for junior golf and other instruction sessions scheduled through and under the
direction of Elks Management staff. Another point of interest is that this is not a
year-round operation. Our peak usage months would be April-August, with very
little usage the remaining months.
In summary, I hope this additional information can help any interested parties obtain a
better understanding of what the proposal entails, which is that of a generally low usage
membership-only practice area. Please feel free to contact me should you need
additional information regarding this matter.
Sincerely,
Tim F. Doherty
BENEVOLENT AND PROTECTIVE ORDER OF ELKS
637 FOSTER ROAD
IOWA CITY, IOWA 52245
PHONE 319-351-3700 · FAX 319-358'2176
May 8, 1998
Mayor Emest Lehman
City of Iowa City
410 E. Washington St
Iowa City, Ia. 52240
Dear Mayor Lehman,
Elks Lodge # 590 met with the city staff on May 6, 1998 to discuss leasing of city
property for a driving range.
The Elks would propose to lease a cone shaped area approximately 5 acres more or less
bounded by the river tree line to the South and the existing easement to the Elks to the
North and extending from the base of the cone 250 yards to the West.
This area would be seeded to grass and maintained through regular mowing. The area
would remain chemically free and should act as protection for the city water supply
traversing the area in underground lines.
The Elks realize that the city would retain the right to enter the leased ground for repairs
on the water lines currently in place.
The Elks propose to lease the land for 5 yrs. With options for 5 yr. Renewal periods. The
annual rent to be $ 500.00 which reflects market rate for hay ground with no use of
chemicals.
We are almost ready to seed the golf holes and would like to complete base agreement in
time to seed the five acres while the equipment is on site.
If I can answer any questions please contact me.
Yours Truly,
cc: Atkins, Dilkes, Schmaedke.
John Sladek
/
~I /'~
.,~ 'spX 90~:
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t
I
· ·
660/6
S,~I011G~V
CITY OF IOWA CITY
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Manager
Parks and Recreation Director
October 15, 1998
Elks Club Driving Range
In reviewing the agenda for the October 20th Council meeting I
noted that the Elks Club Driving Range Proposal has resurfaced.
The purpose of this memorandum is to remind you and the City
Council that two Council appointed commissions and a special ad
hoc committee representing these two commissions and others have
officially gone on record opposing this proposal. Also, we are
working with a consultant regarding development plans for the
peninsula parkland area. The consultant also recommends against
the development of a driving range in this area. He agrees that
it is certainly possible, but feels it does not fit in with
development plans for the remainder of the area.
While I have nothing new to report at this time, I felt it was
my responsibility to send this reminder since it has been about
four months since the issue was last discussed.
As a refresher, please find attached copies of memos previously
sent with regard to this issue.
Attach.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
June 10, 1998
Parks and Recreation Commission
Riverfront and Natural Areas Commission
John Yapp, Assistant Transportation Planner j/f
Proposed 5-acre Driving Range on the Peninsula
At a meeting on June 8, 1998, the Ad Hoc Peninsula Parkland Committee met to discuss
the proposal for the City to lease 5 acres of the Peninsula to the Elks Club for a driving
range. The Committee recommends not to lease any of the Peninsula to the Elks Club for
a driving range. Members of the Committee expressed concerns that a driving range,
which would require frequent mowing and maintenance of the grounds on which it is
I6cated, is contrary to the intent of the lower Peninsula as a low-maintenance natural area.
In other words, a driving range would not be consistent in appearance and in use with the
land on the Peninsula surrounding it. Concerns were also raised that the proposed driving
range would be incompatible with the natural habitat and historical context of the
Peninsula that the Committee is trying to promote. Also, it was felt that leasing public
land to a private organization should not be condoned.
I should note that only four members of the nine-person committee met to discuss this
issue. They wanted their recommendation forwarded to the full Parks and Recreation
Commission and Riverfront and Natural Areas Commission for their consideration.
Cc:
Steve Atkins
Terry Trueblood
Chuck Schmadeke
Jeff Davidson
Brad Neumann
F:lsharedljccoglpeninrec
CITY OF IOWA CITY
PARKS AND RECREATION DEPARTMENT
MEMO~UM
TO:
FROM:
DATE:
RE:
City
Manager
Parks & Recreation Director
June 11, 1998
Elks ri ing Range Proposal'
Club D v
The Elks Club proposal to lease five acres of the Peninsula for
a driving range was discussed and acted upon by the Parks and
Recreation Commission at their 6/10/98 meeting.
The following motion passed unanimously, with seven of nine
commissioners in attendance. "...to strongly recommend against
the Elks Club proposal to establish a golf driving range on City
property in the Peninsula area."
CITY OF IOWA CITY
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Council
Parks and Recreation Director
June 17, 1998
Elks Club Proposal for Driving Range
At the request of Mayor Lehman, I am preparing this memorandum
to delineate the reasons why the Parks and Recreation Commission
voted to recommend against the Elks Club proposal to lease
property in the peninsula area for the development of a driving
range. There are two basic reasons the Commission opposes this
proposal. They are:
A driving range is contrary to the intent of the lower
peninsula as a natural area and does not fit within
the objectives established by the Peninsula Parkland
Committee (see accompanying information).
Leasing public parkland to a private organization for
private use should not be permitted.
Other concerns expressed, either by the Commission or the
Peninsula Parkland Committee, include the following:
Even though the initial lease may be for a short term
period, there is concern that the Elks Club would want
to extend the lease indefinitely once the driving
range is established.
Although the driving range would be adjacent to a new
golf hole, the concern is that the driving range would
be an additional "infringement" upon an area preferred
to be natural.
If the area is to be developed in a natural manner, it
will take several years to establish native grasses,
wildflowers, etc.; a driving range would delay this
process.
As nearly as we can tell, the driving range would be
developed in the area of an archaeological find and an
existing art project.
A note worth mentioning is that we have 'hired a consultant to
develop a conceptual plan and preliminary cost estimates for the
development of this proposed peninsula parkland. It may be
advisable to wait until this plan is completed before taking
action on any alternative uses of the land. Barring any
unforeseen circumstances, this plan should be completed by
September or October, 1998.
January 1998
Peninsula Parkland Committee summary of all recommendations
Hire a consultant to prepare a plan to identify important site features to be preserved
and develop a master plan showing how the site can be enhanced and utilized while
protecting the natural environment.
A small parking area of 10-15 spaces should be made available on the upper or lower
terrace of the Peninsula, the west side of the IRP dam, and at Crandic Park if a
pedestrian bridge is installed. A trail head with restrooms and tables should be
incorporated on the upper terrace, or on the lower terrace just below the upper terrace.
The site should be accessible from multiple directions. Install a pedestrian bridge over
the Iowa River to Crandic Park or somewhere along Rocky Shore Drive.
A canoe landing 'beach" should be installed both above and below the dam, with' a
portage walking trail in-between the two.
Signs telling about the wells, the depths to which they reach, and the general scheme
of the water plant operation should be placed near the well houses.
Make sure the paved access road is handi-capped accessible.
Portions of the lower Peninsula should be a sensitive areas reserve demonstration area;
Some of the sensitive areas may need to be enhanced' in order to fully demonstrate
them. Interpretative signs relating to the flora, fauna and geology of the area should be
incorporated along the trail.
All planning for the area should include a trail connection from the Peninsula to the
Water Plant site, including a connection to the Butler House.
The eagle habitat should be preserved along the Iowa River.
Create bird watching opportunities; Provide a place for the song bird chimney swift
tower.
Wildlife habitat should be preserved on the lower Peninsula.
A prairie ecosystem should be recreated on the lower Peninsula, and the use of
controlled burning should be evaluated. Other options besides burning to promote the
prairie ecosystem should also be evaluated.
Area resources and expertise should be utilized to make recommendations on the
development and management of the lower Peninsula.
Soccer fields, softball fields and other active uses should not be constructed on the
lower Peninsula, as they would change the character of the area.
Residential development on the upper Peninsula should have access to active park uses
on City Park and within their neighborhood to discourage the temptation to create
active uses on the lower Peninsula. More parkland might be required than is usually
required for a residential development
The archeological value of the site should be displayed and/or explained by interpretlye
signs.
Passive uses should be incorporated near the paved access roads / trails, such as
benches, picnic tables, trash cans and bathrooms.
Non-paved trails should he created off of the main paved trail to bring people closer to
the river and the environmental features on the site.
Create a buffer from the residential development on the upper terrace utilizing and
preserving the wooded slope which separates the upper and lower terraces.
Develop a comprehensive Plan for the Peninsula, water plant site, and private land in
between during the district planning process for this area.
Design the access road to curve more.
Recognize historical significance of the peninsula area, for example, the area was very
important to the early development of the community, with the Coralville Mill site, etc.
Create interpretive areas to promote thq historical significance of the area, Excessive
numbers of signs, which could create visual clutter, should be avoided.
Incorporate a historical theme along the entire Iowa River Corridor Trail.
Plans should be updated for a trail connection from the west end of the Coralville
connection trail to the IRP dam in Coralville.
A parking area should be created near the west end of the IRP dam in Coralville. A
pedestrian connection should be made from the west end of the dam to a sidewalk or
trail system in Coralville. Planning associated with the reconstruction of First Avenue in
Coralville should take into account providing such a connection.
October 16. 199g
To:
From:
Re:
Iowa City City Council
Cotthey Danlois, Chair, Riverfront & Nannll Areas Commission
Elks Club Driving Range
CITY OF I0 WA CITY
The request for acreage: to install a driving range for the 1~I1~ Country Club was b~ought to RNAC's
anention curly in June. The issue was discussed at a joint meeting of the Peninsula Parkland Committe~ as
well as at RNAC's regular meeting in midJuly.
Early on in the planning process, RNAC adopted a passive us~ position regarding activity on the lower
Peninsula. This positioa was put forward to ~ l~eninq~la Plffkhuld Collulljtlee and wits adopted as th,,ir
position. We were under the impression that the consultsms and othen involved in plnnning for the lower
Peninsula w~rs following the r~commendations of tl~ Peninsula Parkland Committee with respect to this
issue.
Recognizing tinat ths City was put in the position of a !and trade with the pile; Club, RNAC also felt it was
best that the Ci~ do whatever was necessary to k~p ~he cnmmunication channels open with respect to any
future hand acquisi~ons that would enhance the Peninsula area or provide more acc~,ss options for the
public. Howeva, the development of a driving range for the Elks Club is not, perhaps, the best exaznple of
a compromise [n the public interest, nor is it a compatible use of the land under the recommendations of the
Peninsula Patidand Committee. The Elks say in their letter to Steve Adkins dated Octobt-r 5, 1998, that the
driving rangc should be considered a "low usage membership-only practice area. How is its developm,'nt a
public interest?
In all practicality, how can a 206-yard dhv~ng tango be long enough to accommodale the cLrives of the best
golfers? Because of tht historical site that would sit adjacent to th~ driving range, the range could not
possibly be cx't~nded- We don't sc~ how long balls will be accommodated under the ant proposal, nor
do we see how en'ant balls (suzePy there will be many) will be accommodate~l either. Fm~ennore, ~
Club will htve [o provide a swe~ machine to pick up the balls, which will intxodace noise and mr pollution
into an area we are trying hard to preserve from just this sort of thing.
Lastly, the Elks menUoned that theix current driving range is in an area where housing development is
occurring and fitat continued use at the cuffeat lOcation might be a personal h~Tnrd. Is this not a concern
w~th the proposed cLdv/ng range in tbe ln~ainsula area? While the p. lh Club say that they may have only a
handful of adults practicing each day (not to meation the "junior" phyets), once the Peninsula area is fully
ctcvclopeck we expect my more of the public will be ~tslng the Peninsula area, especially in the summer
months, and this wffi be a hazard for them. If die only sohmon is to put a very tall fence up to protpct the
public, RNAC would be as strongly opposed w this a~don.
In conclusion, trading the land for the golf holes was bad enough. Therc is no way that $500 dollars per
year would off~t the cost to th~ public for disturbing ~ lower Peninsula area with an active use. non-
public function that none of the persons involved in the planning of the area ever would have appmvedD
ercly, , ~' '-~
M. Co --<~' "~
Chair, Riverfront & Naulnl Ar~as Commission ~ rv ~
410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009
Prepared by: Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO.
RESOLUTION TO ADOPT THE IOWA CITY POLICE CITIZENS REVIEW
BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES.
WHEREAS, Ordinance 97-3792 establishing the Police Citizens Review Board requires final
approval of procedures and guidelines for the Iowa City Police Citizens Review Board; and'
WHEREAS, procedures and guidelines have been developed and adopted by the Police Citizens
Review Board at their September 15, 1998 meeting; and
WHEREAS, the Police Citizens Review Board recommended City Council approval of said
procedures and guidelines at their October 6, 1998 meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT the Iowa City Police Citizens Review Board Standard Operating Procedures and
Guidelines dated September, 1998 are hereby adopted, as attached.
Passed and approved this
day of ,1998.
A'I'rEST:
CITY CLERK
MAYOR
Approved by
City Attorney's Office
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
the Resolution be
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
pcrb~guideres.doc
CITY OF IOWA CITY IOWA
POLICE CITIZENS REVIEW BOARD
STANDARD OPERATING PROCEDURES AND'
GUIDELINES
The PCRB was established to assure that invesb~ab~ns
into claims of police misconduct are conducted in a manner
which is fair, thorough and accurate and to assist the Police
Chief, the City Manager and the City Council in evaluating the
overall performance of the Police Department as a whole by
having it review the Police Department's invest~Tation into
complaints. To achieve these purposes, the PCRB shall comply
with Chapter 8 of the iowa City Code, the Board's By-Laws,
and the Police Ci~ens Review Board's Standard Operating
Procedures and Guidelines.
PCRB SOP 9/98
TABLE OF CONTENTS
II.
III.
IV.
V.
VI.
Vii.
VIII.
Page
Complaint Process ......................................................... 1-2
Formal Mediation Guidelines and Procedures ....................... 2
Meetings .......................................................................3-5
Complaint Review Process ................................................ 5-7
Review of Policies, Procedures and Practices of the Iowa City
Police Department ......................................................... 7-8
Annual Report .................................................................8
General ..........................................................................8-9
Appendix
A. The City Code of Iowa City, Chapter 8, Police Citizens
Review Board
B. Iowa City Police Citizens Review Board By-Laws
C. City of Iowa City Police Citizens Review Board Guidelines
and Procedures for Formal Mediation
D. Section 21 of The Code of Iowa, Official Meetings Open to
Public (Open Meetings)
E. Section 22 of The Code of Iowa, Examination of Public
Records (Open Records)
F. Police Citizens Review Board Complaint Form
PCRB SOP 9/98
Complaint Process
!n an effort to assure the citizens of Iowa City that the iowa City
Police Department's performance is in keeping with community
standards, the PCRB shall review investigations into complaints of
police misconduct to insure that such investigations are conducted in
a manner which is fair, thorough and accurate. The PCRB shall achieve
this by receiving, reviewing and reporting on citizen complaints in
accordance with the procedural rules in Chapter 8 of the City Code,
following the Police Citizens Review Board By-Laws, Article VIii, and
the Board's Standard Operating Procedures and Guidelines.
Complaints shall be filed in accordance with 8-8-3 C and
8-8-7 A of the City Code of Iowa City.
All documents and related materials filed with the Board
shall not be returned.
Complaints filed in the City Clerk's Office shall be
assigned a complaint number consisting of the last two
digits of the present year with consecutive numbers,
starting with one (1) (e.g. 98-1). The complaint copy
sent to Board members shall have all references to police
officer names deleted.
Procedure for complaints which are filed after sixty days
A complaint that appears to be untimely filed or
otherwise deficient shall be assigned a number in the
ordinary manner as provided in the City Code.
A copy of the complaint shall be furnished to the Police
Chief or City Manager, with a cover letter indicating that
it appears to be an untimely complaint and will be
reviewed by the Board at its next regular or special
meeting.
A copy of the apparent untimely complaint shall be
provided to Board members in the next meeting packet;
Notice shall be given to the complainant that the
complaint will be on the next meeting agenda, giving the
complainant an opportunity to be heard on the issue of
whether the complaint was timely filed;
PCRB SOP 9/98 - 1
At the meeting at which the complaint is considered, the
Board shall, by motion in open session, vote to determine
whether the complaint will be dismissed under Section
8-8-3 D of the statute;
If the Board dismisses the complaint as untimely, the
staff shall forward a copy of the decision to the Police
Chief or the City Manager and also to the complainant.
a. The copy going to the Chief or City Manager shall
state that the complaint has been dismissed as
untimely and that a report to the Board by the
Chief or City Manager is not required by Chapter 8
of the Code. The Board may request that an
investigation be done.
b. The copy of the decision sent to the complainant
shall include a cover letter advising that although
the complaint has been determined to be untimely
and will not be reviewed by the PCRB, there is a
method for the complainant to file a complaint
directly with the Iowa City Police Department that
is still available should the complainant wish to
pursue the matter.
If the Board determines the complaint is timely and shall
not be dismissed, it shall so advise the Police Chief or
City Manager so they may continue their investigation
and make their required report to the PCRB.
C. Amendments to a complaint must be in written form.
The complainant may withdraw the complaint at any time up to
seven (7) days after the Board receives the Police Chief's or
City Manager's report. After that time, the complaint may be
withdrawn with the consent of the Board.
II. Formal Mediation Guidelines and Procedures
Formal mediation is the responsibility of the PCRB and is offered as a
method to facilitate a successful resolution of the issues involved in a
complaint. The PCRB shall accomplish this responsibility by complying
with 8-8-2 H, 8-8-4 and 8-8-7 of the City Code and the PCRB
Guidelines and Procedures for Formal Mediation, approved by the City
Council on March 1 O, 1998 and made a part hereof.
PCRB SOP 9/98 - 2
III.
Meetings
Regular meetings shall be held monthly. Special meetings may be
called by the Chair as needed. The Board shall comply with Article V
of the PCRB By-Laws and the PCRB Standard Operating Procedures
and Guidelines.
Meeting packets shall be distributed to Board members at least
two (2) days prior to a meeting when possible.
B. Place of Posting Notices and Agendas.
Follow requirements of Section 21.4, The Code of Iowa.
The City of Iowa City provides the Notice Bulletin Board in
the lobby of the Civic Center; notice of a meeting will also
be distributed in media boxes located in the Civic Center.
C. Consent Calendar shall include:
Minutes of the last meeting(s);
Correspondence and/or memoranda directed to the PCRB
(not complaint-related). Staff shall be given directions
based on Board discussion as to whether staff shall
respond or whether Board members shall respond, with
copies furnished to the Board.
Time for open public discussion shall be made available at all
open meetings as provided by the PCRB By-Laws, Article V,
Section 6.
Time for "Board Information" and "Staff Information" shall be
made available at all meetings·
Decisions made in executive session shall be ratified in open
session.
Taped minutes of open meetings shall be kept thirty (30) days
from acceptance and approval of minutes.
Taped minutes of executive meetings shall be kept for one year
from the date of the meeting.
Legal Counsel for the PCRB shall attend meetings as directed by
the Board.
PCRB SOP 9/98 - 3
J. Electronic Participation
Follow the requirements of Section 21.8, The Code of
Iowa. "Electronic meeting" as defined in this section
presumes that a majority of the members of the Board are
participating electronically.
Electronic participation in meetings. A member may
participate by electronic means when the majority of the
Board convenes in person. The person or persons
participating electronically are part of the quorum for the
meeting and may make or second motions and may vote.
Refer to Section 21.8, The Code of Iowa.
K. Quorum and Voting Requirements
Quorum. See By-Laws V.2.
Voting. See By-Laws V. 10.
Voting to close a session. See Section 21.5, The Code
of iowa.
L. Iowa Open Records Law
The Board must follow all the requirements of Chapter
22, The Code of Iowa, Examination of Public Records
(Open Records)· This means every person has the right
to examine and copy the public records of the PCRB
pursuant to that Chapter,
The lawful custodian of the PCRB public records is the
City Clerk of Iowa City.
All records of the Board shall be public except as
specifically provided for in Chapter 22, The Code or in
the PCRB By-Laws. Only certain records shall be kept
confidential and only under circumstances in which they
are specifically authorized to be kept confidential by
Chapter 22, The Code of Iowa.
Confidentiality of complaints, reports of investigations,
statements and other documents or records obtained in
investigation of any complaint. See By-Laws VII. 1 (a).
Confidentiality of the minutes and tape recordings or
closed sessions. See By-Laws VII. 1 (b).
Confidentiality of mediation matters. See By-Laws
VIl.l(d).
PCRB SOP 9/98 - 4
IV
Confidentiality of information protected by the Iowa Open
Records Law or the Idwa Open Meetings Law. See By-
Laws VII. 1 (c).
M. Iowa Open Meetings Law.
The Board must follow all the requirements of Chapter 21, The
Code of iowa, Official Meetings Open to Public (Open
Meetings).
N. Conflicts of Interest and Ex Parte Contacts
Conflicts of Interest. See By-Laws V.9.
Ex Parte Contacts. See By-Laws, V.8.
Complaint Review Process
The Board shall review all Police Chief's reports and City Manager's
reports concerning complaints utilizing Sections 8-8-6, 8-8-7 and
8-8-8 of the City Code and the PCRB Standard Operating Procedures
and Guidelines.
Review of Police Chief's report or City Manager's report. Follow
8-8-7 B of the City Code.
Select a level of review as outlined in 8-8-7 B. 1 (a}-(f) of the City
Code.
Request for an extension of time to file PCRB public report.
Refer to 8-8-7 B.6 of the City Code.
The PCRB shall not issue a public report critical of a police
officer until after a name-clearing hearing has been held. Refer
to Section 8-8-7 B.4 of the City Code.
E. Name-clearing hearing procedure
The Board shall select a proposed date for the name-
clearing hearing;
Written notice is given to the officer and the complainant
of the date, time and place of the hearing and its
purpose. The notice to the officer, if he or she is not
identified in the Chief's or City Manager's report, should
be transmitted via the Chief of Police.. The notice to the
PCRB SOP 9/98 - 5
officer should provide a written response form for the
officer to demand or waive the name-clearing hearing.
The officer may respond by demanding a hearing, by
waiving the hearing in writing, or by not responding to
the notice. The complainant has no independent right to a
hearing, and the complainant's wishes as to holding the
name-clearing hearing are not binding on the Board.
(a) If the officer has demanded a hearing, the chair
of the Board shall conduct a hearing as per
8-8-7 B.4 of the City Code. At a minimum, this
would require that the officer and the
complainant have a right to make a statement
and to present evidence and the testimony of
other witnesses. It would also require some
right to confrontation and cross-examination or
opportunity to rebut opposing evidence. The
Board may set reasonable rules about the time
allowed to each side with the types of evidence
it may receive as long as the rules are neutral.
The hearing goal is to give everyone a fair say
in a controlled manner.
(b) If the officer has waived the right to a name-
clearing hearing, the Board need not provide
one in his or her absence. Nonetheless,
8-8-7 B.5 of the statute states that the Board
may hold a hearing about a complaint if the
officer has waived the name-clearing hearing,
but the complainant or the department wishes
to present evidence. However, the Board need
not provide a hearing in such a case.
(c) In the event the officer does not reply
concerning his or her right to a name-clearing
hearing, the Board may proceed to schedule a
hearing and determine at the time of the hearing
whether it will receive evidence or cancel the
hearing.
The name-clearing hearing is a closed hearing under Iowa
Code Section 22.7(5) or 21.5(i). The officer involved, the
complainant, and any witnesses may attend. The subject
matter is still the Chief's report and the Board's pending
investigation of it. An officer's request for a name-
clearing hearing would engage Section 21.5(i).
PCRB SOP 9/98 - 6
After the closed session in which the name-clearing
hearing is held and the Board reaches its decision about
the contents of its public report, the Board should return
to open session. At any time after the name-clearing
hearing, the Board may approve its public report,
including any changes made as a result of the name-
clearing hearing.
Report Writing - Follow 8-8-7 of the City Code
The Chair shall appoint a committee to prepare draft
reports. The committee may request assistance from
staff as needed.
When possible, a draft report shall be included in the
agenda packet prior to the meeting at which it is
discussed.
Draft reports shall be discussed in executive session and
finalized by the full Board.
Draft reports shall be confidential.
Final Public Reports shall be reviewed by legal counsel
before being submitted to the City Council.
Final PCRB Public Reports shall be distributed according to
8-8-7 B.3 of the City Code. The copy sent to the City Council
shall be accompanied by the minutes of the meeting which
approved it and be sent to the City Clerk for inclusion in the
next Council agenda packet. ·
Once the Public Report is sent to designated parties, the
complaint file is closed and is taken to the City Clerk's Office
for retention.
Review of Policies, Procedures and Practices of the Iowa City Police
Department
As stated in the City Code, 8-8-7 C(3), and Article II of the PCRB By-
Laws, and using the PCRB Standard Operating Procedures and
Guidelines, the Board shall, from time to time, report to the City
Council on policies, procedures and practices of the Iowa City Police
Department, including recommended changes, if appropriate.
Policy-review discussions shall be held at regular meetings,
when possible.
PCRB SOP 9/98 - 7
When citizens have a concern about police procedures or
practices, but there is no allegation of individual officer
misconduct, there may be an issue of policy. Any citizen or
Board member may raise an issue at a PCRB meeting.
The Board encourages signed written correspondence from
citizens but will accept anonymous correspondence concerning
policies, procedures, and practices of the Iowa City Police
Department.
VI
Annual Report
The PCRB shall maintain a central registry of all formal complaints
against sworn police officers and shall provide an annual report to the
City Council which will give the City Council sufficient information to
assess the overall performance of the Iowa City Police Department.
8-8-2 M and 8-8.7 C.2 of the City Code, Article VIII.5 of the PCRB
By-Laws, and the PCRB Standard Operating Procedures and Guidelines
VII.
Am
The annual report shall include information required by Chapter
8 of the City Code.
The PCRB's annual report may also include recommendations to
amend the Ordinance.
General
The lawful custodian of the PCRB records and the central
depository for all information is the City C!erk's Office of the
City of Iowa City.
B. The Chair is the official spokesperson for the PCRB.
When legal counsel and/or staff are contacted on PCRB
business, they shall report that information to the Chair and to
each other.
Contacts between a Board member and the Police Chief and/or
City Manager shall be in the form of written communication
when possible.
PCRB SOP 9/98 - 8
Requests for information from the Board to the Police Chief or
City Manager shall be in writing.
The PCRB administrative assistant shall provide to the Board a
monthly 'PCRB Office Contacts Report," stating the number of
telephone calls and in-office contacts which come directly to
the PCRB office, the general substance of such contacts, and
their disposition.
Voice Mail telephone mes. sages' to the PCRB office from citizens
shall not be retained nor will messages be transcribed unless
there are extenuating circumstances on a case-by-case basis
determined by legal counsel.
The Board shall utilize its own letterhead stationery.
PCRB SOP 9/98 - 9