HomeMy WebLinkAbout1999-01-26 ResolutionRESOLUTION NO. 99-19
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:
R.T.'s - 826 S. Clinton Street
It was moved by Thornberry and seconded by O'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 26th
day of
January , 19 99
ATTEST:C~ 7~-
City Attorney's Office
a\danceprm .res
Prepared by: Rob Winstead, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 99-20
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF IOWA CITY DOWNTOWN STREETSCAPE, PHASE II, IMPROVEMENTS,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
A public hearing on the plans, specifications, form of contract, and estimate of cost for
the construction of the above-named project is to be held on the 9th day of February,
1999, at 7:00 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 project 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 26th
It was moved by Thornberr~v
adopted, and upon roll call there were:
day of January ,1999.
City Attorney's Office
and seconded by
O'Donnell
the Resolution be
AYES: NAYS:
X
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
pweng\res\phaseii .doc
City of Iowa City
MEMORANDUM
Date: January 25, 1999
To: Marian Karr
From: Rob Winstead (Z,
Re: Estimated Construction Cost for the Phase II Downtown Streetscape Improvements
In reference to Item No. 3 e (1) of the January 26, 1999 Council Agenda, the estimated
construction cost for Phase II Streetscape Improvements is $2,190,000. This estimate was
left blank and is to be made available at tonight's work session. Thanks.
Passed and approved this
Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138
RESOLUTION NO. 99-21
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
1999 CURB RAMP AND SIDEWALK PROJECT, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
1. 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 9th day of February, 1999,
at 7:00 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-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.
3. 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.
26th day of January ,1999.
ATTEST:c ~;~ER4~K ~' ~
I
~.~ ~~ ,.,,.,,
city Attorneys office
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
Thornberry
Vanderhoef
ENGINEER'S REPORT
January 20, 1999
Honorable Mayor and City Council
Iowa City, Iowa
Re: South River Corridor Interceptor and Relief Sewers Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the South River Corridor Interceptor and
Relief Sewers Project has been completed by Park Construction Company of
Minneapolis, Minnesota, in substantial accordance with the plans and
specifications prepared by Stanley Consultants, Inc. The required performance
and payment bonds are on file in the City Clerk's Office.
The final contract price is $13,480,379.24.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Charles Schmadeke, P.E.
Public Works Director
410 EAST WASHINGTON STREET ,. IOWA CITY, IOWA 52240-1826 * (319) 356-5000 · FAX (319) 356-5009
01-26-99
3f(1)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 99-22
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 1819 H STREET, IOWA CITY, IOWA
WHEREAS, on December 11, 1995, the property owner of 1819 H Street, executed a
Housing Rehabilitation Lien to secure a 3-year, low-interest Mortgage for the amount of
$1,289.96 through the City's Housing Rehabilitation Program; and
WHEREAS, this document created a lien against the property; and
WHEREAS, the terms of the loan were satisfied on March 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 1819 H
Street, Iowa City, Iowa from the Housing Rehabilitation Lien recorded June 6, 1996
in Book 2096 Page 244 through 248 of the Johnson County Recorder's Office.
Passed and approved this 26th
ATTEST:CIT~C~ ~.
day of January ,19 99
Approved by
I y orney's ICe
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thornberry
X Vanderhoef
ppdmhabVes~1819h.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 1819 H Street, Iowa City, Iowa,
and legally described as follows:
West ~ Lot 2 Block 44 EIC, Iowa City, Johnson County, Iowa, according to
the recorded plat thereof,
from an obligation of the property owner, Mary E Bruce, to the City of Iowa City in the
total amount of $1,289.96 represented by a 3-year low interest Mortgage recorded on
June 6, 1996 in Book 2096 Page 244 through Page 248 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.
~~: ~,,~ CITY CLERK
Approved by
.,
City Attorney"s Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 2L~ ~' day of "~.~.- , A.D. 19 ~/9 , before me, the under-
signed, a Notary Public in and for sa?d 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 C~uncil, ash. contained in Resolution No. ~?-Z Z- , adopted by the City
Council on the Z(- daryr 3c~L ,-~ , 19 c)9 and that the said Ernest W.
Lehman and Madan K. Ka as such ~ffi~'ers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
ppdrehab\l 819hrel.doc
Prepared by: Charles Schmadeke, Director, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5141
RESOLUTION NO. 99-23
RESOLUTION ACCEPTING THE WORK FOR CONTRACT I OF THE
WASTEWATER CONNECTION PROJECT, ALSO KNOWN AS THE SOUTH
RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS.
WHEREAS, the Engineering Division has recommended that the work for construction of the
Contract I of the Wastewater Treatment Connection Project, also known as the South River
Corridor Interceptor and Relief Sewers Project, as included in a contract between the City of Iowa
City and Park Construction Company of Minneapolis, Minnesota, dated December 5, 1995, be
accepted; and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT
said improvements are hereby accepted by the City Council of Iowa City, Iowa.
Passed and approved this
ATTEST: ~ '-'~.
26th dayof January ,19 99.
MAYOR '
Oity Attorney's Office
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
O'Donnell
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
pwengVesLsdver.doc
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Dennis Mitchell, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240, 356-5130
RESOLUTION NO. 99-24
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT WITH AUTO TECH IOWA, L.LC. REGARDING
VEHICULAR TRAFFIC CROSSING PROPERTY LOCATED AT 1410
WATERFRONT DRIVE.
WHEREAS, the Iowa City Board of Adjustment granted a special exception to permit an auto
and truck oriented useat 1410 Waterfront Drive, subject to Auto Tech Iowa, L.L.C. ("ATI")
entering into a legal agreement with the City of Iowa City which requires ATI to install,
maintain, and operate a suitable traffic barrier on the property; and
WHEREAS, a portion of the property at 1410 Waterfront Drive was previously part of a
street which was vacated by the City due to traffic concerns; and
WHEREAS, the purpose of the legal agreement required by the Board of Adjustment is to
ensure that the property is not used as a throughway by vehicular traffic; and
WHEREAS, the City and ATI wish to set forth the legal agreement in writing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
It is in the public interest to enter into an agreement with Auto Tech Iowa,
L.L.C. to effectuate the Board of Adjustment decision entered on January 13,
1999 to ensure that the property located at 1410 Waterfront Drive is not
used as a throughway by vehicular traffic.
The Mayor is hereby authorized to sign and the City Clerk to attest the
attached agreement with Auto Tech Iowa, L.L.C.
Passed and approved this
ATTEST: C~
26th
day of January , 1999.
City Attorney's Office
Resolution No. 99-24
Page 2
It was moved by Thornberry and seconded by 0' Donnel 1
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Noilon
X O'Donnell
X Thornberry
X Vanderhoef
AGREEMENT
This agreement is made and entered into by and between ATI Properties, L.L.C. (hereinafier
"ATI") and the City of Iowa City, Iowa (hereina~er "City") dated this 30tklay of-~, 1999.
March
WITNESSETH
WHEREAS, ATI is the assignee from Auto Tech Iowa, L.C. of the purchase agreement and is
the intended purchaser of the real estate designated as Auditor's Parcel 98-030 (hereina~er
"Property"); and
WHEREAS, Auto Tech Iowa, L.C. has requested that the Board of Adjustment of the City of
Iowa City amend a special exception granted on March 12, 1997 concerning said Property; and
WHEREAS, the Board of Adjustment granted ATI's request on January 13, 1999, subject to ATI
and City entering into a legal agreement on terms acceptable to the City which requires ATI to
install, repair, maintain and operate a suitable traffic barrier to inhibit traffic from using said
Property as a through way from the location where Waterfront Drive accesses the southern
portion of the Property to the location where Waterfront Drive accesses the northern portion of
the Property; and
WHEREAS, ATI and the City of Iowa City wish to set forth this agreement in writing.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein,
the parties agree as follows:
1. Installation of Traffic Barrier. As a condition to the special exception granted by the Iowa
City Board of Adjustment on January 13, 1999, ATI agrees to install and maintain a traffic
barrier across the Property from the southwest corner of the proposed building to the west
boundary line as depicted on Exhibit A attached hereto. The traffic barrier shall consist of
one of the following:
a) a six-inch concrete curb;
b) a six-inch concrete or asphalt speed bump in connection with a gate extending
across the length of the speed bump; or
c) a combination of a) and b).
ATI shall be responsible for installing, repairing, and maintaining the curb, speed bump
and/or gate.
2. Operation of Traffic Barrier. ATI shall operate and maintain the traffic barrier in such a
manner as to prohibit vehicles from traversing the Property (i.e., use the Property as a
through way) from the location where Waterfront Drive accesses the south portion of the
Property to the location where Waterfront Drive accesses the north portion of the Property,
subject to ATI's right to move customer vehicles across the traffic barrier in the normal
course of its business operations. It shall be deemed a violation of this agreement if
vehicles, other than ATI moving customer vehicles across the traffic barrier in the normal
course of its business operation, use the Property as a through way as described in this
paragraph.
3. City's Enforceability of ATI's Obligation. The City shall have the right to enforce the
obligations of ATI pursuant to this agreement without the necessity of court action in the
event that ATI fails to install, repair, maintain or operate the traffic barrier in accordance with
the terms of this agreement. In the event of such failure by ATI, the City shall notify ATI in
writing of the violation and provide ATI with a fourteen (14) day period to cure such violation.
If ATI fails to cure said violation within the fourteen (14) day period or subsequently violates
the terms of this agreement again within six (6) months of written notification of the initial
violation, the City shall have the right, at its option, to erect a traffic barrier at the point where
Waterfront Drive accesses the southern portion of the Property. ATI shall be responsible for
the costs of any traffic barrier installed by City pursuant to this paragraph.
4. Successors and Assigns. This agreement shall be binding upon the parties' respective
successors and assigns, and shall be recorded with the special exception granted by the
Board of Adjustment on January 13, 1999 and run with the Property.
5. Governing Law. This agreement shall be construed and enforced in accordance with and
governed by the laws of and in the Courts of the State of Iowa.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date above
written.
CITY OF IOWA CITY
By: Z:~~~ 7~. 7~2~
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
9
On this 30th day of March , 1998, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Mukunda Kantamnen~ , to me
personally known, who, being by me duly sworn, did say that that person is President
Of said AT~ Properties, L.L.C. and that the instrument was signed on behalf of ATI
Properties, L.L.C. by authority of its managers and the said Mukunda Kantamneni
acknowledged the execution of the instrument to be the voluntary act and deed of the AT I
Properties, L.L.C., by it voluntarily executed.
3
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this ?_. da of ~"'~oC~; 199 cl , before me, the undersigned, a Notary
- county
and Madan 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 a~xed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal ~rporation by authority of City
Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr
acknowledged the execution of said instrument to be the volunta~ act and deed and said
municipal ~rporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
dennis\atiagree.doc
/V'
/
3f(4)
Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 99-25
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT BETWEEN THE CITY AND TRAVIS SYSTEMS.
WHEREAS, Travis Systems has authored and developed certain software identified as Housing
Rehab Application System, which software was developed under contract with the City of Iowa
City; and
WHEREAS, Travis Systems wishes to market the software to others and the City of Iowa City
wishes to continue to use the software and receive upgrades and support from Travis Systems
and the parties wish to confirm their respective rights to the software, and define their respective
rights and obligations regarding upgrades, support and royalties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
It is the public interest to enter into the agreement with Travis Systems to enable the City of
Iowa City to use and receive upgrades, support, and royalties from Travis Systems with
respect to the rehab application system software developed by Travis Systems.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the attached agreement
with Travis Systems.
Passed and approved this 26th day of January ,19 99 ·
ATTEST:Ci~3L~~RK 2¢. ~'j,c~..4j
Approved by
andy~'es\travis.doc
Resolution No. 99-25
Page 2
It was moved by Thor'nber'~',v and seconded by
adopted, and upon roll call there were:
0 ' Donnel I the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
AGREEMENT
Agreement made this 26th day of January , 1999, between Travis
Systems, 515 E. College, Iowa City, IA 52240 ("Travis") and the City of Iowa City, Iowa
("City").
WHEREAS, Travis has authored and developed certain software identified as Housing
Rehab Application System (hereina~er simply the "Software") which Software was developed
under a contract with the City; and
WHEREAS, Travis wishes to market the Software to others and the City wishes to
continue to use the Software and receive upgrades and support from Travis and the parties wish
to confirm their respective rights to the Software and define their respective rights and
obligations regarding upgrades and support.
NOW, THEREFORE, in consideration of promises and the mutual covenants to this
Agreement, the parties agrees as follows:
The City hereby acknowledges that Travis is the author and creator of the Software and
owns the entire right, title and interest in and to the Software, including all copyright and
other intellectual property rights relating to the Software, subject only to the rights
granted to the City by this agreement.
Travis hereby grants to the City a nontransferable right and license to use the Software
for as long as the City wishes to do so. Travis further agrees to provide support for the
Software at no charge to the City and to provide the City with upgrades to the Software if
and when they are developed by Travis. All upgrades will be provided to the City at no
charge, and the City shall have the right and license to continue to use all upgrades for
as long as the City wishes to do so.
For all sales of the Software sold by Travis to others, Travis shall pay the City 20% of the
net selling price of the Software. If and when Travis develops upgrades to the Software,
Travis shall not be obligated to pay the City any royalty or other charges for upgrades
marketed to others for personal upgrades to the base Software for individual customers,
unless such upgrades become part of the base Software, at which time the 20 % royalty
provision shall apply.
,
Nothing contained in this Agreement shall obligate Travis to upgrade the Software if
Travis elects not to do so.
,
Travis shall permit a yearly audit of Travis' business books and records for the purpose
of determining royalty shares. Such audit shall be conducted by an independent third
party of the City's choosing, with the costs of such audit to be paid by the City. City shall
provide a two-week written notice to Travis of its intent to conduct such audit reviews.
The obligation of Travis to pay the royalties set forth in paragraph 3 of this Agreement
shall continue for sales of Software made during a period of three years commencing
January 26, 1999 and continuing through January 25, 2002.
The parties agree that the respective rights and obligations established under this
Agreement are personal to the parties and that neither the rights nor obligations of either
party may be assigned without the prior consent of the other party.
This Agreement contains the entire agreement between the parties with respect to the
subject matter covered in the Agreement. No other agreements, representations, or
other matters oral or written shall be deemed to bind the parties with respect to the
subject matter hereof.
CITY OF WA CITY'
Ernest W. Lehman, Mayor
Attest:
Date:
andy%agtVemmertdoc
TRAVIS SYSTEMS
Date: 12 ~
Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF BOYD'S FASHIONABLE ACRES,
IOWA CITY, IOWA.
WHEREAS, the owner, Frank Boyd, filed with the City Clerk the final plat of Boyd's Fashionable
Acres, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
A Portion of the South One Half of the Northwest Quarter of Section 12, Township
79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa, the boundaries of which are described as follows:
Beginning at the Northwest Corner of Lot 148, of Washington Park Part VII, in
accordance with the Plat thereof Recorded in Plat Book 11 at Page 19, of the
Records of the Johnson County Recorders Office; Thence S0306'35"W, along the
Westerly Line of said Washington Park, Part VII, a distance of 159.95 feet; Thence
S29°32'04"W, along said Westerly Line, 164.62 feet; Thence S52°OO'15"W, along
said Westerly Line, 185.30 feet, to the Westerly most comer of Lot 142, of said
Washington Park Part VII; Thence S48°03'46'E, along the Southwesterly Line of
said Lot 142, a distance of 144.42 feet, to the Southerly most corner of said Lot
142, and a point of the Westedy Right-of-Way Line of Mount Vernon Drive; Thence
Southwesterly, 50.04 feet; along said Westerly Right-of-Way Line on a 360.00 foot
Radius Curve, concave Southeasterly, whose 50.00 foot chord bears
S41°58'33"W; Thence N48°03'46"W, along a line parallel with and 50.00 feet
normally distant Southwesterly, of the Southwesterly Line of said Lot 142, a
distance of 144.90 feet, to a Point on the Westedy Line of said Washington Park,
Part VII, and the Northeast Comer of Lot 131, of Washington Park Part VI, in
accordance with the Plat thereof Recorded in Plat Book 10, at Page 2, of the
Records of the Johnson County Recorder's Office; Thence S88°16'43"W, along
the Northerly Line of Said Washington Park Part VI, a distance of 305.34 feet, to its
intersection with the Easterly Line, of Part Two Tudor Park Addition, in accordance
with the Plat thereof Recorded in Plat Book 8, at Page 66, of the Records of the
Johnson County Recorder's Office; Thence N00°04'44"E, along said Easterly Line,
46.59 feet; Thence N00°27'59"W, along said Easterly Line, and the Northerly
Projection thereof; 792.80 feet, to its intersection with the Southeasterly Right-of-
Way Line of Rochester Avenue; Thence N48°28'08"E, along said Southeasterly
Right-of-Way Line, 224.64 feet; Thence Northeasterly, 96.84 feet; along said
Southeasterly Right-of-Way Line on a 356.34 foot Radius Curve, concave
Southeasterly, whose 96.54 foot chord bears N56°15'14"E, to the Northwest
Corner of the Parcel Conveyed by Warranty Deed, Recorded in Deed Book 1480,
at Page 13, of the Records of the Johnson County Recorder's Office; Thence
S02°02'17"E, along the West Line of said Conveyed Parcel, 169.78 feet, to the
Resolution No.
Page 2
Southwest Corner thereof; Thence N89°37'02"E, along the South Line of Said
Conveyed Parcel, 206.22 feet, to the Southeast Corner of said Conveyed Parcel,
and the Southwest Corner of the Parcel Conveyed by Warranty Deed, Recorded in
Deed Book 658, at Page 402 of the Records of the Johnson County Recorder's
Office; Thence S59°49'51'E, along the Southerly Line of said Conveyed Parcel,
108.12 feet, to the Southeast Corner thereof, and the Northwest Corner of the
Parcel Conveyed by Warranty Deed, recorded in Deed Book 603, at Page 408, of
the Records of the Johnson County Recorder's Office; Thence S03°07'57"W,
along the West Line of Said Conveyed Parcel, and the West Line of the Parcel
Conveyed by Warranty Deed, Recorded in Deed Book 1300, at Page 238, of the
Records of the Johnson County Recorder's Office, 238.56 feet, to the Southwest
Comer thereof; Thence S86°48'41"E, along the South Line of said Conveyed
Parcel, 141.39 feet, to the Southeast Corner thereof, and the Point of Beginning.
Said Tract of land contains 11.51 acres, more or less, and is subject to easements
and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(1997) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
The City accepts the dedication of the streets, easements and public open space as provided
by law and specifically sets aside portions of the dedicated land, namely streets, as not being
open for public access at the time of recording for public safety reasons.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this
day of ,1999.
ATTEST:
CITY CLERK
MAYOR
Resolution No.
Page 3
It was moved by
adopted, and upon roll call there were:
and seconded by
AYES:
NAYS:
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
the Resolution be
ppdadminVes~boydfash.doc
~an-26-99 03:16P barker cruise kennedy etc 319 351 0605
MICHAEL W. KENNEDY
JOHN D. CRUISE
ST~ C, ANDERSON
mRSTEN H. FR~'Y
KANOIE K. BRISCOE
KENNEDY, CRUISE, ANDERSON 8m FREY, L. LR
LAWYERS
~,t~o s, DUBUOUE: STREET - P.O. BOX ='DO0
IOWA CITY. IOWA
5,?_.~..,44
January 26, 1999
AREA CODE 31il
TELEPHONE 351-818i
F'AX 35m-0605
01r COUNSEL:
CHARLES A. BA~KER
FAX TRANSMISSION
(319) 356-5009
Ms. Sarah E. Holecck
Assistant City Attorney
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
Re: Boyd's Fashionable Acres Subdivision
Dear Sarah:
I have recently reviewed your correspondence dated January 2:2, 1999 and your re-
quested amendments to the legal paperwork for Boyd's Fashionable Acres Subdivision. Be-
cause I was in Ixial this morning, I do not have those changes complete as of yet so we would
respectfully request that you defer consideration of Boyd's Fashionable Acres Subdivision
from tonight's City Council meeting until the meeting scheduled for February 9. In exchange
for such deferral, my client would be willing to waive the 60-day limitation requirement.
Thank you for your assistance in this matter. If you have any questions, please do not hesitate
to contact me.
Very truly yours,
KHF/kas
kf10U62b7257
STAFF REPORT
To: Planning and Zoning Commission
Item: SUB98-0030. Boyd's Fashionable Acres
Final Plat
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
60-day limitation period:
Prepared by: Scott Kugler
Date: December 17, 1998
Frank A. Boyd
2511 Rochester Avenue
Iowa City, Iowa 52245
Phone: 337-5345
MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Final plat approval
To create a 16-lot
subdivision
residential
2511 Rochester Avenue
11.51 acres
Residential, RS-5
North:
East:
South:
West:
Residential, RS-5;
Residential, RS-5;
Residential, RS-5;
Residential, RS-5.
Residential, 2-8 dwelling units per acre
Chapter 14-7, Land Subdivisions
December 3, 1998
January 17, 1998
February 1, 1998
2
BACKGROUND INFORMATION:
The applicant, Frank A. Boyd, is requesting a final plat of Boyd's Fashionable Acres, an 11.51
acre, 16-lot residential subdivision located at 2511 Rochester Avenue. The property is zoned
RS-5, Low Density Single-Family Residential, and contains a single-family home and a barn.
The preliminary plat was approved earlier this year, subject to the off-site dedication of land
to accommodate a pedestrian walkway that would provide access from Mount Vernon Drive
to the proposed Outlot A, which is to be dedicated as a public open space.
ANALYSIS:
Final Plat: The proposed final plat is in conformance with the approved preliminary plat and
the City's subdivision regulations. Legal papers and construction drawings have been
submitted and are under review. These documents must be approved by staff prior to City
Council consideration of the plat.
The property contains steep slopes (18~24 percent) and critical slopes (25 - 40 percent).
According to the approved grading and sensitive areas site plan, none of the critical slopes
are to be directly affected by development activities. These plans were approved in
conjunction with the preliminary plat.
The plat proposes a total of 16 building lots and four outlots. One of the building lots would
contain the existing home located on the property. Outlot B is to be potentially transferred to
the adjacent property owner, and Outlots A, C and D are to be dedicated to the City for use
as public park land. More details of this dedication are provided below.
Sidewalks: Sidewalks will be installed along Boyd Court as individual lots are developed, as
is typically the practice in the development of residential subdivisions. The legal papers
should specify that sidewalks will be installed along the Boyd Court frontages of Outlots A
and B at the time the street is constructed. Since no building permit will be requested for
these properties, there will be no impetus to install these sections of the sidewalk unless
required prior to acceptance of the street improvements by the City.
The draft Northeast District Plan also calls for the construction of an 8-foot wide sidewalk
along the south side of Rochester Avenue. An 8ofoot sidewalk was required for the Green
Mountain Meadow subdivision located a few parcels east of this property. There is already a
4-foot wide sidewalk located along the Rochester Avenue frontage of this property, which is
all that the City typically requires when properties are developed. The over-width paving
costs are usually paid by the City. In this case staff recommends that the establishment of
an 8-foot not be required at this time, but that it occur as part of a future public improvement
project. Since the 4-foot sidewalk exists, the applicant has met his requirement. When the
rest of the 8-foot sidewalk is established along Rochester, this link can also be upgraded.
Rochester Avenue Access: Boyd Court accesses Rochester Avenue aligned with Bluffwood
Lane. This is a good location in terms of minimizing traffic conflict points along Rochester
Avenue. Lot 1 contains an existing house that has a driveway located just west of the
proposed intersection. The approval of the preliminary plat allowed this drive to remain until
such time that Lot 1 was either subdivided or redeveloped to allow a higher density on the
property, at which time it would have to be closed and access to the lot would be restricted
to Boyd Court. This restriction is addressed in the legal papers and noted on the plat.
Open Space: A total of .26 acres of open space is required as a result of this subdivision.
The plat contains a 2.35 acre outlot (Outlot A) that the Parks and Recreation Commission
recommended as public open space, provided that land was dedicated off-site to allow
access to the outlot from Mount Vernon Drive. The final plat now incorporates this off-site
area into the final plat, and indicates that it will be dedicated to the City. This dedication
would satisfy the requirements of the Neighborhood Open Space ordinance. Construction of
the sidewalk would be the City's responsibility at the time a park is established on Outlot A.
The applicant has indicated that the subject property may not be developed immediately upon
approval of the final plat. Therefore, he is not interested in transferring Outlot A to the City
until the rest of the property is developed. In other cases, the City has delayed acceptance
of dedicated property until a sufficient number of the surrounding lots have been developed.
The legal papers contain provisions indicating that Outlot A will not be transferred to the City
until at least 50 percent of the lots within this subdivision are developed.
Storm Water Management: Drainage and Storm Water Management issues were discussed
and reviewed extensively during the review of the preliminary plat for this property. Two
storm water detention basins are to be constructed on the property to meet the requirements
of the City's Storm Water Management Ordinance, and storm sewer improvements are to be
made along the southwest corner of the subdivision to address these issues. As discussed at
that time, the detention facilities are to be oversized due to the lack of a good overland flow
route between this property and Mt. Vernon Drive and Georgetown Circle. The Storm Water
Management Ordinance requires that the rate of water leaving the site after development not
exceed the rate leaving the site prior to development. Calculations submitted with the
preliminary plat indicate that this requirement will be met on the property, and this will have
to be carried through on the construction plans and the actual development of the property.
Water Main Extension Fee: A water main extension fee of 9395 per acre will be required as
a result of this subdivision.
STAFF RECOMMENDATION:
Staff recommends that SUB98-0030, a request for a final plat of Boyd's Fashionable Acres,
an 11.51 acre, 16-lot residential subdivision located at 2511 Rochester Avenue, be approved,
subject to the approval of legal papers and construction drawings prior to City Council
consideration of the final plat.
ATTACHMENTS:
1. Location map.
2. Final plat.
Approved by:
Rob~n~nner
Department of Planning and
Community Development
\boydfin.doc
0
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I
'~sI 'S3.NV~UnS~03 S~IAI ,,.ImAmi^
/
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Prepared by: Terry Trueblood, E)irector of Parks and Recreation, 220 S. Gilbert St., Iowa City, IA 52240; (319) 354-5110
RESOLUTION NO. 99-26
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARK
MAINTENANCE BUILDING IN NAPOLEON PARK, ESTABLISHING AMOUNT
OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) 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.
Passed and approved this 26th
ATTEST:CiTy~'~,ER~KK
MAYOR
Approved by
~ttorney's ~ffice~'
parksrec\res~naplprk.doc
Resolution No. 99-26
Page 2
It was moved by Tho~,nbet~t-y and seconded by
adopted, and upon roll call there were:
0 ' Donnel ] the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Norton introduced and delivered to
the Clerk the Resolution hereinafier set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT
TO EXCEED $4,700,000 GENERAL OBLIGATION BONDS", and moved:
that the Resolution be adopted.
D
to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock .M. on the day of ,1999, at this place.
Council Member
called and the vote was,
Vanderhoef
seconded the motion. The roll was
AYES: Norton. O'Donnell. Thornberry. Vanderhoef.
Champion, Kubby, Lehman
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resol uti on No. 99-27
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT
TO EXCEED $4,700,000 GENERAL OBLIGATION
BONDS
WHEREAS, pursuant to notice published as required by law, this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $4,700,000 General Obligation Bonds for the essential corporate purpose
of paying costs of refunding existing legal indebtedness of the City, and has considered
the extent of objections received from residents or property owners as to said proposed
issuance of bonds; and, accordingly the following action is now considered to be in the
best interests of the City and residents thereof:
-3-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional
action for the sale and issuance in the manner required by law of not to exceed
$4,700,000 General Obligation Bonds for the foregoing essential corporate purpose.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City
with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared
such notice and sale information as may appear appropriate, to publish and distribute the
same on behalf of the City and this Council and otherwise to take all action necessary to
permit the sale of said bonds on a basis favorable to the City and acceptable to the
Council.
PASSED AND APPROVED this 26th day of January
,1999.
ATTEST:
Mayor
City Clerk
PGOODRICX166237\1 \10714054
-4-
Council Member Thornberry introduced the following Resolution
entitled "RESOLUTION DIRECTING SALE OF $7,000,000 SEWER REVENUE
BONDS," and moved its adoption. Council Member Norton
seconded the motion to adopt. The roll was called and the vote was,
AYES: Lehman, Norton, 0'Donnell, Thornberry,
VandprhnPf, Champinn
NAYS: Kubby
Whereupon, the Mayor declared the following Resolution duly adopted:
Resolution No. 99-28
RESOLUTION DIRECTING SALE OF $7,000,000 SEWER
REVENUE BONDS
WHEREAS, pursuant to notice as required by law, bids have been received at
public sale for the bonds described as follows and the best bid received is determined to
be the following:
Bidder: Piper Jaffray
theterms ofsaid bid being:
Price
4.30;
and 4.875
$7,000,000 SEWERREVENUE BONDS:
of Minneapolis
of $6,930,000.00. Interest rates of 4.25;
4.40; 4.50; 4.60; 4.70; 4.75; 4.80; 4.85;
for 2000 through 2019 maturities. Net
interest rate is 4.7076.
-4-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That the bid for the bonds as above set out is hereby determined to be
the best and most favorable bid received and, said bonds are hereby awarded based on
said bid.
Section 2. That the statement of information for bond bidders and the form of
contract for the sale of said bonds are hereby approved and the Mayor and Clerk are
authorized to execute the same on behalf of the City.
Section 3. That the notice of the sale of the bonds heretofore given and all acts of
the Clerk done in furtherance of the sale of said bonds are hereby ratified and approve&
ATTEST:
Clerk
PASSED AND APPROVED, this 261h day of January
Mayor
,1999.
PGOODRIC\I68920\l\I0714053
-5-
,1999
The Finance Dire~
Washington Street, Iowa
sealed bids received and
bidder for cash, subject to
above date.
of Iowa City, Iowa, met at the Civic Center, 4 10 East
Iowa, at o'clock __.M., on the above date, to open
refer the sale of the bonds ~o the best and most favorable
by the City Counc at o'clock __.M. on the
The following
were present at said
-1-
This being the time and place for the opening of bids for the sale of $7,000,000
Sewer Revenue Bonds, the meeting was opened for the receipt of bids for the bonds.
Seale~d bids were filed and listed in as follows:
Name & Addr~s~(f Bidders:
\
Whereupon the Finance
closed.
time for filing of sealed bids to be
Whereupon, the Finance D
bids were opened and the best ed bid
:he sealed bids be opened. The sealed
as follows:
Name &Address of 'B7 ~ ~
Net Interest Rate: \
Net Interest Cost: '\
Whereupon, al~bids were referred to the Council f~action in accordance with the
Notice of Sal . ~ ~
-2-
Council Member introduced the following Resolution
entitled OLUTION DIRECTING SALE OF $7,000,000 SEWER REVENUE
BONDS," moved its adoption. Council Member
seconded the to adopt. The roll was called and the vote was,
NAYS: ,//
Whereupon, the declared the foll~6wing Resolution duly adopted:
RESOLUTION OF $7,000,000 SEWER
REVENUE BONE
WHEREAS, pursuant to
public sale for the bonds described
be the following:
$7
/
Bidder: /
/
the terms of said bid being:/
law, bids have been received at
and the best bid received is determined to
REVENUE BONDS:
-4-
of
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Sealed bids for
the sale of bonds of the City of Iowa City, Iowa,
will be received at the office of the Finance
Director in the City of Iowa City, Iowa (the
"lssuer") at 11:00 o'clock A.M., on the 26th day
of January, 1999. The bids will then be publicly
opened and referred for action to the meeting of
the City Council as stated below.
Sale and Award: The sale and award of the
bonds will be held at the Council Chambers,
Civic Center, 410 East Washington Street at a
meeting of the City Council on the above date at
7:00 o'clock p.m.
The Bonds: The bonds to be offered are the
following:
SEWER REVENUE BONDS in the
amount of $7,000,000, to be dated February 1,
1999 (collectively the "Bonds").
Official Statement: The Issuer has issued
an Official Statement of information pertaining to
the Bonds to be offered, including a statement of
the Terms of Offering and an Official Bid Form,
which is incorporated by reference as a part of
this notice. The Official Statement may be
obtained by request addressed to the Finance
Director, Civic Center, 410 E. Washington
Street, Iowa City, Iowa 52240, Telephone: (319)
356-5052; or the City's Financial Consultant,
Evensen Dodge, Inc., 601 2nd Avenue South,
Suite 5100, Minneapolis, MN 55402, Telephone:
(612) 338-3535.
Terms of Offering: All bids shall be in
conformity with and the sale shall be in accord
with the Terms of Offering as set fodh in the
Official Statement.
Legal Opinion: The bonds will be sold
subject to the opinion of Ahlers, Cooney,
Dorweiler, Haynie, Smith & Allbee, P.C.,
Attorneys of Des Moines, Iowa, as to the legality
and their opinion will be furnished together with
the printed bonds without cost to the purchaser
and all bids will be so conditioned. Except to the
extent necessary to issue their opinion as to the
legality of the bonds, the attorneys will not
examine or review or express any opinion with
respect to the accuracy or completeness of
documents, materials or statements made or
furnished in connection with the sale, issuance
or marketing of the bonds.
Rights Reserved: The right is reserved to
reject any or all bids, and to waive any
irregularities as deemed to be in the best
interests of the public.
By order of the City Council of the City of
Iowa City, Iowa.
City of Iowa City, Iowa
~nadrNnol-bond.doc
REPORT OF BIDS
CITY OF IOWA CITY, IOWA
$7,000,000
Sewer Revenue Bonds
January 26, 1999
TO:
FROM:
SUBJECr:
Iowa City Counc~ Members and Administration
Bob McCauley
EVENSEN DODGE, INC.
$7,000,000 Sewer Revenue Bonds
Today, January 26, 1999, the sealed bids tabulated below were received,
opened and reviewed. The bids reflect and are indicative of the current
conditions in the tax-exempt market.
BIDDER ADDRESS $NIC (%)NIR
Piper Jaffray Minneapolis 4,055,699.58 4.7076
Dain Rauscher Chicago 4,071,986.72 4.7265
Paine Webber Chicago 4,095,366.33 4.7536
WE RECOMMEND AWARD TO:
Piper Jaffrav of Minneapolis
Thank you for the opportunity to be of service to the City of Iowa City. We are
available to answer any questions you may have on this or any other issue in the
future.
100 Court Avenue, Suite 215
Des Moines, IA 50309
515/282-6138
FAX 515/282-0252
$7,000,U00 Sewer Revmue aonds, Series 1~
City of iowa City, lowa
Final Based on BId From Piper Jeffrey, Inc.
Debt Service ScheduLe
Date Principal Coupon interest Period Total Fiscal Total
7/1199 131,&8~.58 131,689.58 131,&89.58
1/I/0 158,02/.50 158,027.50
?/1/0 230,000.00 6.250000 158,027.50 388,027.50 546,055.00
1/1/1 153,140.00 153,140.00
7/1/I 240,000.00 4.250000 153,140.00 393,1/,0.00 546,280.00
1/1/2 168,0~0.00 148,060.00
7/1/2 250,000.00 4.250000 148,0~0.00 398,0/,0.00 5~6,080.00
1/1/] 142o727,50 142,727.50
7/1/3 Z60,000,00 4.250000 162,727.50 402,727.50 545,455.00
1/1/6 137,202.50 137,202.50
7/1/4 270,000.00 4.250000 137,202.50 607,202.50 544,~05.00
1/1/5 1~1,~65.00 131,465,00
Ti 1/5 280,000.00 4.250000 131,465.00 411,465.00 542,~30.00
1/1/6 125~515.00 125~515.00
7/I/6 290,000.00 6.250000 lZ5,515.00 415,515.00 541,030.00
1/I/7 119,352.50 119,352.50
7/1/? 305,000.00 6.250000 119,352,50 424,352.50 543,705.00
1/1/8 112,871.25 112,871.25
7/1/8 315,000.00 4.250000 112,871.25 427,871.25 540,742.50
1/1/9 106,177.50 106,177,50
7/1/9 330,000,00 4.250000 106,177.50 436,177.50 5/,2,355.00
1/1/10 99,165o00 99,165.00
7I 1/10 345,000,00 4,300000 99,I65.00 44~,165.00 543,3'50.00
1/1/11 91,767,50 91,747.50
7/1/11 360,000.00 4.400000 91,767.50 451,747.50 543,4~5.00
1/1/12 83,827.50 8~,87.?.50
7/1/lZ 375,000.00 4.500000 8~,827.50 458,827.50 542,655.00
1/1/13 75,390.00 75,390.00
?/1/13 390,000.00 4.600000 75,390.00 465,390.00 540,780.00
1/1/1~ 66,420,00 6&,420.00
71 1/14 410,000.00 4.700000 66,420.00 476,420,00 542,840.00
1/1/15 56,/85.00 56,785.00
7/1/15 4]0,000.00 4.750000 56,785.00 486,785.00 543,570.00
1/1/16 46,572.50 4.6,572.50
?1 1116 450,000.00 4.800000 46,572.50 496,572.50 563,145.00
1/1/17 35,772.50 35,772.50
7/1/17 G~,O00.OO 4.850000 35~TrZ.50 505,772.50 5~1,545.00
1/1/18 26,375.00 24,:575.00
7/1/18 490,000.00 6.8r5ooo 24,375.00 514,375.00 538,750.00
1/1/19 lZ,431.25 lZ,431.25
71 1/19 510,000.00 4.875000 12,431.Z5 522,431,25 534,86~.50
LO00,O00.O0 3,985,699.58 10,985,699.58
ACCRUED 20,192.40 20,192.40
7,000,000,00 3,965,50T.18 10,965,507,18
Dated 21 1/99 with DeLivery of 2/Z6/99
Bond Years 86,151.667
Average Coupon
Average Life 12.30T~81
N ! C X 4.7076Z8 X Using 99.0000000
T [ C ~ 4.71782 X From DettveryDate
Bond Insurance:
0.256697 ~ of CTotaL Debt Service OnLy)
Micro-Huni Debt Date: 01-26-1999 I 11:16:68
= 28,200.00
FiLeham: iACITY
Key: 99SREV
VZg-J 80/kO'd ZE6-1 ~9Z28££219+ 3NI 39000 N3SN3A3-eoJJ megV:lL 66-9Z-uer
Prepared by: Rob Winstead, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 99-29
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF COLLEGE
STREET PEDESTRIAN MALL WATER MAIN REPLACEMENT PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) 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 16u' day of February,
1999. Thereafter the bids will be opened by the City Engineer or his 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
7:00 p.m. on the 23"~ day of February, 1999, or at such later time and place as may then
be fixed.
Passed and approved this 26th day of ,]anuar.y ,19 99
A-.i-FEST:Ci'i'i~LE,~~RK/f2.
City Attorney's Office
pwe~g~es~collegwm.doc
Resolution No. 99-29
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
RESCINDED
BY RESOLUTION 99-336.
Prepared by: Jeff Davidson, JCCOG Exec. Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252
RESOLUTION NO. 99-30
RESOLUTION AUTHORIZING A 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE
AND THE CITY OF IOWA CITY PROVIDING FOR FUTURE ANNEXATIONS
AND EXTRATERRITORIAL REVIEW OF SUBDIVISION PLATS
WHEREAS, ties of Coralville and Iowa City have established long-range g~
are mutually eXClL ve; and
areas which
WHEREAS, the
criterion for the
of Coralville and Iowa City have used sewer servi
~ment of said long-range growth areas; and
area as a principle
WHEREAS, Section 354 of the Code of Iowa (1997) establishes
subdivision plats within twc files of their corporate limits; and
rights of cities to review
WHEREAS, said section that cities shall establish reasor
review of subdivisions within two mile area,~
agreements pursuant to Iowa Cod~ ;hapter 28E (1997).
standards and conditions for
extraterritorial jurisdiction via
NOW, THEREFORE, BE IT RES(
IOWA, THAT:
1. The Mayor and City Clerk are hereby
City of Coralville and the City of Iowa
reference. Said agreement is hereby
the best interests of the citizens of Iowa
BY THE CITY
OF THE CITY OF IOWA CITY,
to execute the 28E Agreement between the
is attached hereto and incorporated by this
as to form and content, and is found to be in
ATTESI
.... CLERK
2. The City Clerk is hereby authorized record a edified copy of this resolution, with the
Iowa (1997). The Clerk is direct ] to request a copy of th returned recorded document for the
permanent file maintained ~ City Clerk.
Passed and approved thi,, 26th day of . ..- _
Resolution No. 99-30
Page 2
It was oved by Thot"nbeT'~'y and seconded by
adopted, and upon roll call there were:
~AYES: NAYS:
'X
Vanderhoef the Rest
ABSENT:
Ch.a. mpi
Kubb
N~
Vanderhoef
be
Prepared by: Jeff Davidson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252
28E Agreement Between the City of Coralville and the City 0
--Iowa City Providing for Future Annexations and
Extraterritorial Review of Subdivision Plats
This agreement is
Coralville, Iowa,
hereinafter referred to as
into pursuant to Chapter 28E, Code of
referred to as "Coralville," and the
City."
(1997), by the City of
of Iowa City, Iowa,
WHEREAS, Coralville and
mutually exclusive; and
ty each have adopted
growth areas which are
WHEREAS, Section 354.9 of the Iowa (1997) es
subdivision plats within two miles of their ~ ~orate limits nd
the rights of cities to review
WHEREAS, Paragraph 3 of Section 354.9
overlapping areas of review between cities, an
standards and conditions for review of subdivi,'
extraterritorial review via agreements pursuant to
Iowa (1997), pertains specifically to
that cities shall establish reasonable
ns within overlapping two-mile areas of
Chapter 28E (1997); and
WHEREAS, Coralville and Iowa City entered ir such reement the 27th day of September,
1994, and according to the provisions of that reement it ~ow void; and
WHEREAS, it is in the best interests of
agreement.
citizens of both
lmunities to enter into a new
NOW, THEREFORE, in
Coralville and Iowa City agree as foil,
the mutual covenants and a
set forth herein,
1. Coralville and Iowa City shall retain exclusive review privileges for proposed
outside of each comm limits, but within each comm~ respective Iong-
range growth areas, as sh~ in the attached Figure 1A.
2. When the area g on the attached Figure 1A as "Iowa City 'ing/Coralville
Annexation Area" so as to require municipal sanitary it shall be
considered for by Iowa City and annexation by Coralville under a tble State
law standards.
Within the are~
by the City Iowa City. Iowa City agrees to require urban design standards for
sidewalks, ,~. stormwater for any county subdivision proposed between County Road
and the I~a River. Iowa City further agrees to preserve a corridor of 100 feet in width for
eventu?f extension of Oakdale Boulevard between County Road W-66 and Prairie du
/
/
nated as Area A on the attached Figure 1A, review shall be ~sively
~e
Road, with the intention that said road shall be constructed in accordance with the design
standards adopted for the construction of Oakdale Boulevard west of County Road W-66.
Within the area designated as Area B on the attached Figure 1A, a line is drawn dividing
Area !~ into nodh and south portions. The northern portion of Area B shall reviewed
au' of both
Iowa Ci~ and Coralville, ex~pt for the potion south of the dotted line which le subdivision
review line. southern area shall be reviewed exclusively by Iowa City.
This agreement
growth bound~
joint agreement
all remain effective until any annexations occur ou'
or Iowa City, or until the agreement is
Coralville City Council and the Iowa City City
of the respective
or modified by
This agreement shall
of State's Office as
one-half of the recording
in the Johnson County Reco
;d by Chapter 28E, Code of Iowa
L
Office and the Secretary
with each party sharing
Executed with approval and on
day of
the City of Coralviii
,1999.
the City of Iowa City this __
CITY Of CORALVILLE
By:
Mayor
C OF IOWA CITY
Mayor
A'I'I'EST:
City Clerk
City
CITY OF CORALVILLE ACKNOWLEDGEMENT
STATE 'Q~ IOWA )
) SS:
JOHNSONCOUNTY )
On this day of 19 .
. a Notary Public in 'and for the
personally appeared Jim Fausett and Adys Hannam to me personally known, and,
me duly swom.
Coralville, Iowa;
corporation, and that
authority of its City
acknowledged the
act and deed of the
met
of Iowa.
being by
;ay that they are the Mayor and City Clerk, respective of the City of
seal affixed to the foregoing instrument is the seal of the
le instrument was signed and sealed on behalf corporation, by
passed by the City Council, and that Jim Fat and Adys Hannam
of the instrument to be their voluntary deed and the voluntary
3n. by it voluntarily executed.
Notary Public in for the State of Iowa
My commis,, expires:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~/~ -~,L day of i" 199~, before me.
S,:> ,~c) r'~ ,,_ ~ ~'-F , a Notary Public in ;~nd for the State of Iowa.
personally appeared Ernest W. Lehman add K. Karr, to me personally known, and, who,
Iowa CiW, Iowa; ~'w ~ instrument is the m~orate seal of the
~oration, and .that the instrumep as signed and on behalf of the ~omtion, by
authoriW of its CiW Coundl, as ~ tained in ~ ~) No. ~ - 3 o passed
' ' ~a~ ~., and that
volunta~ act and deed an~ the volunta~ act and deed o he m~oration, by it voluntarily
executed. / / / f
///
.//
/' Nota~ Public in and or the S te of Iowa
,,,,.,,..,,,//"'/ My CO~jSSjOR '
~d ?~anne~.d~
/
/'
/
Prepared by: Jeff Davidson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252
28E Agreement Between the City of Coralville and the City of
Iowa City Providing for Future Annexations and
Extraterritorial Review of Subdivision Plats
This agreement is entered into pursuant to Chapter 28E, Code of Iowa (1997), by the City of
Coralville, Iowa, hereinafier referred to as "Coralville," and the City of Iowa City, Iowa,
hereinafter referred to as "Iowa City."
WHEREAS, Coralville and Iowa City each have adopted long-range growth areas which are
mutually exclusive; and
WHEREAS, Section 354.9 of the Code of Iowa (1997) establishes the rights of cities to review
subdivision plats within two miles of their corporate limits; and
WHEREAS, Paragraph 3 of Section 354.9, Code of Iowa (1997), pertains specifically to
overlapping areas of review between cities, and states that cities shall establish reasonable
standards and conditions for review of subdivisions within overlapping two-mile areas of
extraterritorial review via agreements pursuant to Iowa Code Chapter 28E (1997); and
WHEREAS, Coralville and Iowa City entered into such an agreement the 27th day of September,
1994, and according to the provisions of that agreement it is now void; and
WHEREAS, it is in the best interests of the citizens of both communities to enter into a new
agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein,
Coralville and Iowa City agree as follows:
Coralville and Iowa City shall each retain exclusive review privileges for subdivisions proposed
outside of each community's corporate limits, but within each community's respective Iong-
range growth areas, as shown in the attached Figure 1A.
When the area designated on the attached Figure 1A as "Iowa City Severing/Coralville
Annexation Area" is developed so as to require municipal sanitary sewer, it shall be
considered for severance by Iowa City and annexation by Coralville under applicable State
law standards.
Within the area designated as Area A on the attached Figure 1A, review shall be exclusively
by the City of Iowa City. Iowa City agrees to require urban design standards for streets,
sidewalks, and stormwater for any county subdivision proposed between County Road W-66
and the Iowa River.
Within the area designated as Area B on the attached Figure 1A, a line is drawn dividing
Area B into north and south portions. The northern portion of Area B shall be reviewed
exclusively by the City of Coralville. The southern podion of Area B, including any subdivisions
within the overlapping extraterritorial review area, shall be under the review authority of both
Iowa City and Coralville, except for the portion south of the dotted line which is the subdivision
review line. This southern area shall be reviewed exclusively by Iowa City.
This agreement shall remain effective until any annexations occur outside of the respective
growth boundaries of Coralville or Iowa City, or until the agreement is cancelled or modified by
joint agreement of the Coralville City Council and the Iowa City City Council.
This agreement shall be recorded in the Johnson County Recorder's Office and the Secretary
of State's Office as provided by Chapter 28E, Code of Iowa (1997), with each party sharing
one-half of the recording cost.
Executed with approval and on behalf of the City of Coralville and the City of Iowa City this __
day of ,1999.
CITY OF CORALVILLE
CITY OF IOWA CITY
By: By:
Mayor Mayor
ATTEST:
CityClerk
ATTEST:
City Clerk
City Attomey's Office
CITY OF CORALVILLE ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of 19 before me,
, a Notary Public in and for the State of Iowa,
personally appeared Jim Fausett and Arlys Hannam 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
Coralville, 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, passed by the City Council, and that Jim Fausett and Arlys Hannam
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of 1998, before me,
, a Notary Public in ~nd 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. passed
by the City Council, on the day of , 19 , and that
Ernest Wo 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.
Notary Public in and for the State of Iowa
My commission expires:
jccogadnVagt/annex.doc
Figure la
Coralville lowa City Annexation Agreement
Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232
RESOLUTION NO. 99-31
RESOLUTION TO ADOPT THE IOWA CITY PUBLIC ART PROGRAM
AMENDED ACQUISITION PROCEDURES.
WHEREAS, the by-laws of the Public Art Advisory Committee require final approval of procedures
for the Iowa City Public Art Program; and
WHEREAS, procedures for the acquisition of works of art have been developed, providing for
public input through the process; and
WHEREAS, the Public Art Advisory Committee recommended approval of amended procedures
at their January 7, 1999 meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT the Iowa City Public Art Program Acquisition Procedures dated January 7, 1999 are
hereby adopted., as attached.
Passed and approved this 26th day of January
,1999
ATTEST:Ci'~L~RK ;~' ~
rove
City Attomey's Office
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Vande rhoef the Resolution be
ppddi~es~pubartam,doc
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
IOWA CITY PUBLIC ART PROGRAM
ACQUISITION PROCEDURES
Revised Jan.7, 1999
1. Public Art Advisory Committee (PAAC) defines project, i.e. location of work or
capital project with which art is associated, and method of selection. Methods of
selection may include open competition; invitational competition; or direct selection.
2. PAAC defines parameters of project to be used in the call for artists or direct
selection, develops a budget for the project, and drafts a proposed call for artists or
artist selection for City Council approval. Public comment will be invited. For direct
selection, proceed to step #8.
3. City Council considers proposal.
4. PAAC determines need for panel to work on selection process for project and
identifies participants. Panels will include members of the PAAC, design professionals
and representatives of the user group/neighborhood.
5. PAAC reviews initial submittals, which include the artist's experience and
qualifications, references, and preliminary proposal(s) for the project or specific works
of art, to determine compliance with the call for artists.
6. The panel selects two or three semi-finalists from the group of qualified artists
submitted to the panel by the PAAC. The semi-finalists may be asked to submit refined
proposal(s) and/or model(s). Semi~finalists may be paid a fixed honorarium, costs of
travel and a per diem, depending upon the approved budget.
7. The PAAC reviews the submittals of the two to three semi-finalists. The artist(s)
may present their work at a public meeting. The artists' work is displayed in a public
place for up to one week. Written comments from the public will be invited during this
week. A public forum is held for discussion and input to the Public Art Advisory
Committee on selection of the preferred artist. The PAAC recommends the finalist to
the City Council.
8. City Council approves or denies the selection. Denial requires direction to
the PAAC from the City Council and beginning the process again at the appropriate
step.
9. After an affirmative vote by the Council, the PAAC works with selected artist on
refinement of concept, timeframe for completion of work, final budget,and contract for
work.
10. PAAC recommends contract to City Council.
11. City Council approves contract.
Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 99-32
RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION.
WHEREAS, Park Construction Company filed a lawsuit against the City of Iowa City seeking
arbitration or damages relative to a dispute between Park Construction Company and the City of
Iowa City regarding a requested change order for work performed in connection with the South
River Corridor Interceptor and Relief Sewers Public Works project, whereby Park requested an
additional $132,635.82 over and above the contract price, based on encountering claimed differing
subsurface or physical conditions at the worksite; and
WHEREAS, all parties in this matter have settled their differences, and wish to resolve the pending
litigation; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Park
Construction Company in the amount of $70,250, and the release by the City of the remaining 1%
retainage following receipt by the City from Park Construction Company of signed lien waivers
from all subcontractors, in full satisfaction and settlement of any and all claims it may have against
the City in the above matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The above named litigation should be and is hereby settled, and said settlement previously
discussed in executive session is hereby ratified, for the total sum of $70,250 payable to
Park Construction Company, and for a release of the remaining 1% retainage, as provided
by law, in full satisfaction of any and all claims.
The City Council for the City of Iowa City hereby approves such settlement as being in the
best interest of the City of Iowa City and the parties involved, ratifies said settlement as
provided by law, and confirms that said settlement is hereby ratified subject to Park
Construction Company's obtaining signed lien waivers from all subcontractors.
Passed and approved this 26 th
C
day of January ,19 99
Approved by
'City Attorney's O ~ce
andyVes~parkcons.doc
Resolution No. 99-32
Page 2
It was moved by 0' Donnel ] and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
×
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Kadn Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232
RESOLUTION NO.
RESOLUTION TO ADOPT AMENDED BY-LAWS FOR THE PUBLIC ART
ADVISORY COMMr!'rEE.
WHEREAS, the Public Art Advisory Committee was established in 1997 and by-laws were
adopted in July 1998 by Resolution No. 98-243; and
WHEREAS, said by-laws contained a provision for one representative from the Design Review
Committee to serve on the Public Art Advisory Committee; and
WHEREAS, the Design Review Committee was discontinued as a citizen's committee by the City
Council; and
WHEREAS, the Public Art Advisory Committee has recommended that in lieu of a Design Review
Committee representative, an additional appointment be made by the City Council; and
WHEREAS, the Public Art Advisory Committee also recommends that the appointees to the
Committee consist of three representatives of the art or design professions and two
representatives from the general public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The amended by-laws for the Public Art Advisory Committee providing for five members of the
committee to be appointed by the City Council with three of the appointees being art or design
professionals and two being from the general public, attached hereto, be adopted.
Passed and approved this
day of ,19
ATTEST:
CITY CLERK
MAYOR
City Attomey's Office
BY-LAWS
Public Art Advisory Committee
ARTICLE I. AUTHORITY
The Public Art Advisory Committee shall have that authority as established by Resolution 97-
326 passed by the City Council of Iowa City, Iowa and through the adoption of these by-laws
stated herein.
ARTICLE II. PURPOSE
The purpose of the by-laws stated herein is to provide for the administration of a public art
program by establishing a Public Art Advisory Committee to develop the Iowa City Public Art
Program and to administer said program.
ARTICLE III. MEMBERSHIP
Section 1. Qualifications. The Public Art Advisory Committee shall consist of seven (7)
members, five (5) of whom shall be appointed by the City Council. Of the five appointees, three
(3) shall be art or design professionals and two (2) shall be from the general public. The
remaining two (2) members shall be ex.-officio and shall be one (1) staff representative from .
each of the Departments of Public Works and Parks & Recreation. All appointed members of
the Committee shall be qualified electors of the City of Iowa City, Iowa.
Section 2. Compensation. Members shall serve without compensation.
Section 3. Orientation for New Members. Pdor to the first regular meeting following their
appointment, new members shall be given an orientation bdefing by the City staff and the
Committee as is deemed appropriate.
Section 4. Absences. Three consecutive unexplained absences of a Committee member from
regular meetings may result in a recommendation to the City Council from the Committee to
discharge said member and appoint a new Committee member.
Section 5. Vacancies. Any vacancy among the appointees on the Committee because of
death, resignation, long-term illness, disqualification or removal shall be filled by the City
Council after at least 30 days public notice of the vacancy. Any vacancy of an ex-officio member
shall be filled by the appropriate agency within 30 days.
Section 6. Terms. Appointed members shall be appointed for terms of three years, with terms
expiring on January 1. No more than one-third of the terms may expire in any one year. If a
position becomes vacant by reason of resignation or otherwise, and results in an unexpired term
of six months or less, the City Council may choose to fill the unexpired term in such a manner
that the appointee shall continue in the position not only through the unexpired term, but also
through a subsequent regular term. Ex-officio members shall serve for a term of one year; such
terms shall be renewable, at the discretion of the appropriate agency.
Section 7. Resignation. Resignations shall be submitted in wdting to the Mayor with a copy to
the City Manager, Director of Planning and Community Development, and Chairperson of the
Public Art Advisory Committee at least 60 days prior to the date of intended departure.
ARTICLE IV. OFFICERS
Section 1. Number. The officers of this Committee shall be a Chairperson and a Vice-
Chairperson, each of whom shall be elected by a majority vote of all members of the Committee
from those Committee members appointed by the City Council.
Section 2. Election and Term of Office. Officers of the Committee shall be elected annually at
the first regular meeting in February each year; if the election of officers shall not be held at
such meeting, such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the Committee for the unexpired portion of the
term, except as provided in Article III, Section 6, above.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings,
appoint committees, call special meetings and in general perform all duties incident to the office
of the Chairperson, and such other duties as may be prescribed by the members from time to
time.
2
Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of death,
inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and
when so acting, shall have all powers of and be subject to all the restrictions upon the
Chairperson.
ARTICLE V. MEETINGS
Section 1. Regular Meetings. Regular meetings of this Committee shall be held monthly.
Section 2. Special Meetings. Special meetings of the members may be called by the
Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three
or more members of the Committee.
Section 3. Place of Meetings. Regular meetings shall be in a place accessible to persons with
disabilities.
Section 4. Notice of Meetings. Notice of regular and special meetings shall be required;
meetings may be called upon notice not less than twenty-four (24) hours before the meeting.
Section 5. Quorum. A majodty of all the members of the Committee shall constitute a quorum
at any meeting.
Section 6. Proxies. There shall be no vote by proxy.
Section 7. Public Discussion. Time shall be made available during all regular meetings for
open public discussion.
Section 8. Motions. Motions may be made or seconded by any member of the Committee
except the Chairperson.
Section 9. Conflict of Interest. A member. who believes they have a conflict of interest on a
matter about to come before the Committee shall state the reason for the conflict of interest,
leave the room before the discussion begins, and return after the vote. If there is a question of
whether or not a conflict exists, the City Attorney or City Attorney's designee will decide. All
questions should be referred to the City Attorney or designee. Decisions of the City Attomey or
designee are binding.
3
Section 10. Votinq. A majority (but not less than three) of votes cast at any meeting at which a
quorum is present shall be decisive of any motion or election. Upon request of any Committee
member, voting will be by roll call and will be recorded by "ayes" and "nays". Every member of
the Committee, including the Chairperson, is required to cast a vote upon each motion. A
member who abstains shall state the reason for abstention.
Section 11. Roberts Rules of Order. Except as otherwise provided herein, Roberts Rules of
Order as amended shall be used where applicable.
ARTICLE VI. POWERS AND DUTIES
The Public Art Advisory Committee possesses the following powers, all being subject to final
approval by the City Council:
Section 1. To develop by-laws and procedures for the Iowa City Public Art Program.
Section 2. To determine the placement of public art and the type of art to be used in a specific
project.
Section 3. To commission artists or to purchase art works, as appropriate.
Section 4. To accept or reject gifts and loans of art.
Section 5. To develop policies and procedures for the maintenance and disposition of public
art.
Section 6. To determine and oversee expenditures of the Public Art Program budget.
Section 7. To develop a Public Art Plan for the City of Iowa City.
Section 8. To develop and maintain an inventory of public art.
ARTICLE VII. CONDUCT OF COMMITTEE BUSINESS
Section 1. Agenda. The Chairperson, or a designated representative, together with the staff
assistant, shall prepare an agenda for all regular Committee meetings. Agendas are to be
posted at least 24 hours before the meeting and shall be sent to Committee members and the
media prior to regular meetings. Copies will be available to the public at the meeting.
Section 2. Minutes. Minutes of all meetings am to be prepared, reviewed by the Chairperson,
and distributed to the Committee and City Council Members. Specific recommendations
requiring Council action are to be set off from the main body of the minutes and appropriately
identified.
Section 3. Review Policy. The Committee shall review all policies and programs of the City,
relating to the Committee's duties as stated herein, and makes such recommendations to the
City Council as are deemed appropriate.
Section 4. Annual Report. An annual report detailing the activities of the Committee shall be
prepared by the Chairperson, approved by the Committee and submitted to the City Council at
the end of each calendar year.
ARTICLE VIII. SUBCOMMITTEES
The subcommittees of this Committee including composition, duties, and terms shall be
designated by the Chairperson.
ARTICLE IX. AMENDMENTS
These by-laws may be altered, amended or repealed, and new by-laws adopted by an
affirmative vote of not less than four members of the Committee at any regular meeting or at
any special meeting called for that purpose. Amendments shall be approved by the City Council
to become effective.
plxldil'~)y~awart,doc