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HomeMy WebLinkAbout2005-08-02 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. RESOLUTION TO ISSUE DANCING PERMIT 05-252 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/her 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 wi't,: Third Base Sports Bar, Field House - 111E. College Street Iowa City Fall Fun Festival - 2140 Rochester Avenue Passed and approved this 2nd day of August ,20 0.5 · CITY'GLERK CiCj ~t~orr~e~'s/Offi~e It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BaiLey × Champion x Elliott × Lehman x O'Donnell x Vanderhoef X Wilburn Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-253 RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2434 ASTER AVENUE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR AUGUST 16, 2005, WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the CitY Council considered and passed Resolution No. 93-255 approving the Section 5(h) implementing agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 2434 Aster Avenue, Iowa City; and WHEREAS, a public housing program tenant has offered to purchase the home at 2434 Aster Avenue for the principal sum of $110,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. 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 convey a single family home located at 2434 Aster Avenue, Iowa City, Iowa, also known as Lot 20, Whispering Meadows Subdivision Part One to a public housing program tenant for the sum of $110,000. 2. A public hearing on said proposal should be and is hereby set for August 16, 2005, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the-City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 2nd day of Au;~ust ,2005. "I~AYOR Approved by ' '1 ATTEST: ~4~'I/~ ~- ~ ~~ ~-~\"-o~- CITY'CLERK City Attorney's Office Resolution No. 05-253 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey × Champion x Elliott x Lehman x O'Donnell × Vanderhoef x Wilburn Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, {319)356-5149 RESOLUTION NO. 05-254 RESOLUTION SETTING A PUBLIC HEARING ON AUGUST 16, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE JC DogPAC DOG PARK 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: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 16th day of August 2005, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public headng 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 headng. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for 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 2nd dayof August ,20 05 · pweng/res/setph-dogpark.doc Resolution No. 05-254 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey ~ Champion × Elliott × Lehman × O'Donnell ~. Vanderhoef × Wilburn PAY/V~ E NT /V~ETHOD5 MasterCard Credit card ~ exp. date Please print name as it appears on credit card Signature ~ Contact mc about making a pledge. ~ }'lease do not send a thank you iottcr for this domdion. (Receipts will be sent for gifts of S250 n Contact me aboul ma dn ~ ztn in-kind donation of products or services. , '7: n Contact hie to discuss planned giving opportunities. : dT? This gift is donated: n Anonymously m in honor of: ~ hi melllOry of: Fleasc mail~vour gift to: Iohnson County DoL~PAC G 1 8 Ronalds Street Iowa City, IA 52245 Questions? Contact AllIiC Burnside at (o 1 3) o3 / -,) ~ ~ a or cmail boardr~.jcdqapac.org WHY A PARK? ~ ' 4'~ "', · To provide safe, enclosed places for dogs to ~ play and run without thc restraint of a leash. · To provide a place for people and their d%~s to socialize with one another. · To give dog owners who arc disabled or elderly "~'~' &~" ~;' ' a barrier-free environment for exercising their BRICK BY BRICK dogs. sine d%~ ownership. Johnson Counly Dog Park Aclion Committee (lC DckgPAC) is a non-profit 501 Cc) (3) orga~ · Exercised doss are healthier, happier, and less nization dedicated to creating and maintain- prone to obesity and destructive behavior. inS an offdeash park in Ioxva City. Thc Park will be located on an 1 1-acre section of the PcninsLda parldand. Thc plan includes areas for small dogs, for all dogs, and for train- lng and events. Construction will begin soon and we anticipate a fall opening. However, we need your help to complete thc Park and make il an attractive and enjoyable place for bolh doss and people. With your help wc will purchase and install fencing, gates, signs, a walking trail, shelters, plantings, benches, and :~arbagc stations, and pay for construction TH E DOG PARK PLAN costs and Park maintenance. A donation of $1 O0 or more allows you to pay Go to tribute, with an engraved brick, to a special WWW. J C DOG PAC.O RG pet or person. Tribute bricks to make a donation, review the park plan, will create a path leading to purchase a DogPAC t-shirt, and folloxv current thc park entry gates. events and progress of JC DogPAC. Printing provided by Z ~ ~ H ~ ~ Fhotos by Jeff Ba taszck, x~v. Go-Photo.net and~ eau Zalcnski. June 15, 2005 City Council City of Iowa City Washington St. Iowa City, IA 52245 BOARD OF DIRECTORS To the Iowa City City Council: President On behalf of Johnson. County Dog Park Action Committee (JC DogPAC), I Beth Shields am Writing to you to formally request the City Council's approval of a loan in the amount of $70,000, and to provide you with information regarding how Vice President Jim Kelly this money will be used and how our organization will raise the funds necessary to repay the loan over a period of 5 years. This loan will enable us SecretarylTleaserer to complete park construction this year, in conjunction with the construction of Anne Burnside the road and parking lot that will serve the Peninsula park area. Co~nie Hagemar~ I am attaching documents describing our park construction plan, including an Diana Hards estimate of costs, and our fundraising plan. The Off-Leash Park Masterplan was developed by Shoemaker & Haaland in consultation with the Board of JC Barb Meredith DogPAC, the Iowa City Parks & Recreation Department, and the Iowa City Jean Walker Public Works Department. The plan includes fencing surrounding the entire off-leash area, walking trails, plantings, waste stations, and other park amenities. At our request, Shoemaker & Haaland has also provided us with an Opinion of Costs for construction of the park based on this Masterplan. This Opinion is based on their extensive experience with other construction projects, including park projects for the City. I am also enclosing our Fundraising Plan for your review. The Fundraising Plan describes how, using revenue from events (including the Dog Paddle and EGGStravaganza) combined with donations from local businesses and individuals, we will repay this loan over the course of 5 years. The Plan also describes DogPAC's intent to maintain and improve the park during this time. We feel optimistic about achieving our goals because our fundraising focus so far--the Annual Iowa City Dog Paddle and EGGStravaganza--have been so successful. Also, we are just preparing to launch an intensive solicitation effort through direct mailings and other means, and anticipate a very positive response. We thank the Council for their continued support of this project and look forward to a leash-cutting ceremony this fall! Sincerely, 618 Ronalds Street Enclosures Iowa City IA 52245 319/337-9575 cc: Steve Atkins, City Manager www.jcdogpac, org Terry Trueblood, Director, Parks & Recreation Dept. Rick Fosse, Director, Public Works Dept. FUNDRAISING PLAN June 15, 2005 EXPENSES Dog Park Construction (Attachment 2) Phase I Construction (to open the Park in Fall 2005) $101,079 (Based on Opinion of Cost from Shoemaker & Haaland) Fundraising for Dog Park 2005 June Printing of color brochure (1,000 copies) $250 June Postage for brochure (500 copies) $130 Nov. Printing of fundraising letter (600 copies) $54 Nov. Printing of fundraising envelopes (1,200 copies)* $168 Nov. Postage for fundraising letter (600 copies) $155 Total: $757 2006 May Printing Of fundraising letter (700 copies) $63 May Printing of fnndraising envelopes (1,400 copies)* $172 May Postage for fundraising letter (700 copies) $180 Nov. Printing of fundraising letter (700 copies) $63 Nov. Printing' of fundraising envelopes (1,400 copies)* $172 Nov. Postage for fundraising letter (700 copies) $180 Total: $830 2007 As for 2006 but allowing for 5% increase in mailing expenses** $848 2008 As for 2007 $848 2009 As for 2008 $848 2010 Half of the cost for 2009 $424 Total Ftmdraising Expenses: $4,555 Grand Total of Expenses: $105,634 * Mailing envelope and return envelope. ** There will be no increase in bulk mailing expenses until an anticipated 5% increase in 2007. Increases in bulk mailing expenses, if any, after 2007 are unlmown. No increase in printing expenses are anticipated. INCOME Fundraising to Date Outright gifts (from 47 donors)*** $13,636 2003 One-day Dog Paddle (Net Gain) $2,873 2004 Two-day Dog Paddle (Net Gain) $5,351 (= 57% increase over 2003) 2005 EGGStravaganza (Net Gain) $2,444 Total: $24,304 *** Average gift = $290 Outstanding Pledges (3 pledges) $14,000 Fundraising total: $38,304 Loan requested from the City of Iowa City to complete Phase I: $70,000 Total Fundraising to Date and Requested Loan: $108,304 EXPENSES AND INCOME THROUGH THE FALL OF 2005: Expenses: Phase I Construction (see page 1 ) $101,079 Fundraising expenses (see page 1) $757 Total expenses: $101,836 Income: Outright gifts akeady received (see above) $24,304 Loan from the City of Iowa City (see above) $70,000 Dog Paddle (see page 3) $7,000 Donations from July mailing (see page 3) $2,250 Total income: $103,554 FUNDRAISING PLAN FOR THE NEXT FIVE YEARS (from July 1, 2005 through June 30, 2010): INCOME 2005 Beg. July Mail ftmdraising brochure and letter (see attached) to approximately 500 prospects. Anticipated funds raised (3% donor rate at average of $150) $2,250 (Note: average donations to date have been $290) Sept. 6 - 7 Dog Paddle (two-day event) (= 31% increase over 2004) $7,000 End of Nov. Mail update letter, requesting donations, to approximately 600 prospects Anticipated funds raised (3% donor rate at average of $150) $2,700 Total for 2005 $11,950 2006 April EGGStravaganza $3,000 Mid May Mail update letter, requesting donations, to approximately 700 prospects Anticipated funds raised (3% donor rate at average of $150) $3,150 Sept. Dog Paddle event (2 days) (= 14% increase over 2005) $8,000 End of Nov. Mail update letter, requesting donations, to approximately 700 prospects Anticipated funds raised (3% donor rate at average of $150) $3,150 Total for 2006 $17,300 2O07 Total (same two mailings and two events allowing for a 10% increase over 2006) $19,030 2008 Total (same two mailings and two events allowing for a 10% increase over 2007) $20,933 2009 Total (same two mailings and two events allowing for a 10% increase over 2008) $23,026 2010 April EGGStravaganza $4,392 Mid May Mail update letter, requesting donations, to approximately 700 prospects Anticipated funds raised (3% donor rate at average of $150) $4,612 Total for 2010 (to June 30) $9,004 Grand Total (funds raised July 1, 2005 through June 30, 2010): ** $101,243 ** This total of $101,243 plus the $41,636 already raised (which totals $142,879) will repay the $70,000 loan and also pay for the anticipated Shoemaker & Haaland $30,000 cost to complete Phase H of the Park, and all fundraising expenses of $4,555, aH within five years ($70,000 + $30,000 + $4,555 = $104,555) Thus total expenses of $135,634 ($131,079 for Phases I and H; plus fundraising expenses of $4,555), will be paid for by fundraising to date ($41,636) plus future fundraising ($101,243) which totals ($142,879). LOAN REPAYMENT INFORMATION Projected Fundraising Total through 2010 ($101,243 plus $41,636 already raised) $142,879 Suggested Repayment Schedule over 5 years* 2006 $10,000 2007 $15,000 2008 $15,000 2009 $15,000 2010 $15,000 Total $70,000 Net Difference $72,879** * Interest rates will be determined at the time the loan agreement is signed with the City, and so interest payments are not included in these amounts. ** Any monies raised beyond that needed to repay the City loan will be used to pay for fundraising expense, completion of Phase II of the park, and for any possible park maintenance expenses. NOTES 1. Direct Solicitations: By the nature of fundraising, the anticipated funds to be raised by direct solicitations from July 1, 2005 through June 30, 2010 are approximate. We feel that the quoted numbers are conservative because: a. They are based on the average donation being $150 and donations to date have averaged $290. b. They are based on a donor rate of 3%, whereas the average donor rate is between 3% and 5%. c. The mailing list of prospective donors is mainly specifically targeted to existing dog owners/lovers. d. Major donations will be sought. e. The mailing list could increase at a faster rate than quoted.- f. In addition to mailing the brochure, we will seek to have it displayed for distribution at area businesses and organizations (and we will distribute it at all JC DogPAC events and other dog-related events). g. In addition to the brochure, we will continue to solicit funds through our website. h. Donations/grants from corporations and foundations will be sought. i. Percent-of-sales donations will be sought from area businesses. 2. Events: In addition to an anticipated increase in revenue from increased interest in the Dog Paddle and EGGStravaganza events, we will add further revenue-making items to these events, such as sales of various dog/park-related items (such as t-shirts etc). We will consider seeking additional sponsorship for events. We will consider adding an additional event. 3. Cost Reduction: We are continually looking for in-kind donations of material and labor to reduce expenses. 4. Usage Fees (if any): Once the Park is open, we anticipate revenue fi:om usage fees. However, these fees will be reserved for operation expenses of the Park. 5. Rental Fees: Rental fees will be charged for other organizations wishing to use the agility/training area. 6. Marketing: We will continue our marketing efforts, which have included: A banner ad on the Iowa City Press Citizen website. Interviews on Dottie Ray's radio show and on PATV. Staffing a JC DogPAC table at events of other organizations (dog-related and other). 4 Marian Karr From: andrew maher [andrewdmaher@hotmail.com] Sent: Tuesday, July 26, 2005 2:57 PM To: council@iowa-city.org Subject: Dog Park Council Members, I would like to thank the city for figuring out a way to make the dog park a reality. These are my thoughts after my wife, 2 little boys, our dog, and I visited Madison, WI over the Memorial Day weekend and to our amazement found about 20 off-leash dog areas sprinkled through Dade County. We glady plunked down the $20 annual fee for one day of off-leash fun with our dog. We would not hesitate to pay more to utilize an area like this, and I feel strongly that the city and Johnson County should not view this park as the end of the issue. We need more dog parks. I believe dog parks make better dogs. Perhaps more importantly to those trying to shape the future of Iowa City, they are a factor in quality of life and so a factor for families deciding to move to, stay in, or leave Iowa City. Believe me, my wife and I could find a job in Minneapolis, Madison, or some other city. Moreover, as I talked to friends, co-workers, and other dog owners, they thought the idea of off-leash dog parks like they have available in Madison was wonderful. What better way to give dogs and their owners the feeling of support and freedom to be a good owner and to prevent off-leash run-ins in other places around the city? The dog park benefits dogs and their owners as well as non-dog people who have every right to enjoy their days in city parks without strange dogs jumping, running, rolling, and barking their way around. So we have chosen Iowa City for a number of reasons, but not overwhelmingly, as was clear when we walked that dog park on the river in Madison and briefly joked that maybe we should not go back to IC. We love t~is town, and we feel that the addition of the dog park will only make our community better and friendlier. Thank you all for your time and consideration. Andrew Maher FREE pop-up blocking with the new MSN Toolbar - get it now! http://toolbar.msn.click-url.com/go/onmOO2OO415ave/direct/O1/ Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 05-255 RESOLUTION RENEWING THE LISTING AGREEMENT FOR COMMERCIAL SPACE AT THE COURT STREET TRANSPORTATION CENTER WITH NAI IOWA REALTY COMMERCIAL WHEREAS, it is a goal of the City of Iowa City to generate as much income as possible for Iowa City Transit; and WHEREAS, after considering competitive proposals, the City awarded the listing agreement for two commercial spaces in the Court Street Transportation Center to NAI Iowa Realty Commercial; and WHEREAS, it is desired to extend said listing agreement, which expires July 31, 2005, for six additional months. 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 renewal agreement for commercial space at the Court Street Transportation Center with NAI Iowa Realty Commercial. Passed and approved this 2nd day of August ,20 05 CITY CLERK ~;ity ~,ttorn-e~ Office It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman × O'Donnell X Vanderhoef x Wilburn ppdadm/res/NAl~listingagt doc Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-256 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1007 EAST BLOOMINGTON STREET, IOWA CITY, IOWA. WHEREAS, on June 22, 1999, the owner executed two Mortgages with the City of Iowa City; and WHEREAS, on September 9, 1999, the owner executed another Mortgage with the City of Iowa City; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. 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 Liens for recordation, whereby the City does release the property located at 1007 East Bloomington Street, Iowa City, Iowa from a Mortgage, recorded June 28, 1999, Book 2765, Page 326 through Page 330, and from a Mortgage recorded June 28, 1999, Book 2766, Page 1 through Page 5, and from a Mortgage recorded September 10, 1999, Book 2824, Page 137 through Page 141 of the Johnson County Recorder's Office. Passed and approved this 2nd day of August ,20 05 · Approved by CITY -CLERK City Attorney's Office Resolution No. 05-256 Page 2 It was moved by C, hmmp~n and seconded by Ba~]ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey 7. Champion x Elliott × Lehman × O'Donnell X Vanderhoef x Wilburn Prepared by and retum to: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Properly: see below Mortgagor(s): Madlyn J. Villhauer Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 1007 East Bloomington Street, Iowa City, Iowa, and legally described as follows: The West sixty (60) feet of Lots two (2) and three (3), Block One (1) Rose Hill Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owner, Marilyn J. Villhauer, to the City of Iowa City represented by a Mortgage, recorded June 28, 1999, Book 2765, Page 326 through Page 330, and from a Mortgage recorded June 28, 1999, Book 2766, Page 1 through Page 5, and from a Mortgage recorded September 10, 1999, Book 2824, Page 137 through Page 141 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 document. Approve~,.,,~ A'I-I'EST: cITY'~LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of ~lu~u.S-r--' , A.D. 20 O.._~_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman 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 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 Coundl, as contained in Resolution No.*~.~,',,~~, adopted by the City Council on the Z day 20 ~, ~ and that the said Ernest W. Lehman and Madan 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. ]o,, I SONDRAE FORT I ;~ ~i~ ~.1 Commission Number 1597911 ~ ~O · ~ '1 My Con~nission Expires I Notary Public in and for Johnson County, Iowa Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-257 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 507 EAST COLLEGE STREET, IOWA CITY, IOWA, WHEREAS, on June 23, 1999, the owner executed an Agreement with the City of Iowa City; and WHEREAS, the terms have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. 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 507 East College Street, Iowa City, Iowa from an Agreement, recorded April 12, 2002, Book 3271, Page 178 through Page 191 of the Johnson County Recorder's Office. Passed and approved this Znd day of August ,2005. ATTEST: ~ /. ~.),~,.~.~ ~ ClTY'6LERK City Attorney's Office It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ;( Bailey × Champion x Elliott x Lehman × O'Donnell X Vanderhoef × Wilburn Prepared by: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, iA 52240 (319)356-5246 Return to: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319)356-5041 Legal Description of Property: see below Mortgagor(s}: Mid-Eastern Iowa Community Mental Health Center Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 507 East College Street, Iowa City, Iowa, and legally described as follows: The west sixty-five (65) feet of Lot three (3) and the east ten (10) feet of Lot four (4), all in Block forty-two (42), in Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions, if any. from an obligation of the owner, Mid-Eastern Iowa Community Mental Health Center, to the City of Iowa City represented by an Agreement, recorded April 12, 2002, Book 3271, Page 178 through Page 191 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 ,de~ument. CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis ~ dayof -i~u.~u.~'T'- ,A.D. 20 ~ ,beforeme, the undersigned, 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. ~)._~- ~5~, adopted by the City Council on the~ day J:zL~J~.,~_, 20o~, 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. 4~~'~.,. SONDRAE FORT '~J~------~ ~O~*~ Commissioll Nunlber 159791 Notary Public in and for Johnson County, Iowa · ..~' My Commission Expires Prepared by and retum to: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-258 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED 834 ST. ANNES DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two mortgages in the total amount of $6,263, executed by the owner of the property on December 4, 2002, recorded on December 17, 2002, in Book 3442, Page 1044 through Page 1047; and on September 8, 2004, recorded September 17, 2004, in Book 3796, Page 41 through Page 45 in the Johnson County Recorder's Office covering the following described real estate: Lot Twenty (20), except the west 4 feet thereof, in Conway's Subdivision of a part of Section 3, Township 79 Nodh, Range 6 West of the 5th P.M., according to the plat thereof recorded in Book 4, Page 253, Plat Records of Johnson County, Iowa. WHEREAS, Iowa State Bank and Trust Co. is refinancing a mortgage for $32,500 and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgages held by the City be subordinated to the loan of Iowa State Bank and Trust Co. secured by the proposed mortgage in order to induce Iowa State Bank and Trust Co. to make such a loan; and WHEREAS, Iowa State Bank and Trust Co. has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Iowa State Bank and Trust Co.; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa State Bank and Trust Co., Iowa City, Iowa. Passed and approved this 2nd day of August ,20 05 CITY'GLERK City Attorney's Office Resolution No. 05-258 Page 2 It was moved by Champion and seconded by ]~ailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey x Champion x Elliott x Lehman x O'Donnell 'x Vanderhoef x Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and IOWA STATE BANK AND TRUST CO., IOWA CITY, Iowa, herein the Financial Institution. WHEREAS, the City is the.owner and holder of certain Mort(~a(~es which at this time are in the amount of $6,263, and were executed by Wilfred Ye(Iq¥.(herein the Owner), dated December 4, 2002, recorded December 17, 2002, in Book 3442, Page 1044 thru Page 1047; and dated September 8, 2004, recorded September 17, 2004, in Book 3796, Page 41 thru Page 45 Johnson County Recorder's Office, covering the following described real property: Lot Twenty (20), except the west 4 feet thereof, in Conway's Subdivision of a part of Section 3, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded in Book 4, Page 253, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $32,500 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortqa_(les held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mort(~acles held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 2nd day of August ' ,20 05 CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor Attest: CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~. day of ~.~6~s,'r' ,20 0,%, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared .E,-~..~-{- ~,.~. L.~ ¼r,-,e.~., and Marian K. Karr, to me personally known, and, who, being by me duly swom, 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 (~r-dinanee) (Resolution) No. o 6 - ~3¢~' passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the City Council on the 2_- day of 4~ u.c~ ~ ,20 o._-.-.~., and that ~_-cn,s-/- CO. L.A,-,-~,.. 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. SON9RAE FORT I .~'.~BI~ '~{ Commission Number 1597911 S (7"r'C~ ~ '~'1 My~om~ission Expires I Nota~ Public in and for the State of Iowa ~1 3/~/~ I SUBORDINATION AGREEMENT PAGE 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~' day of ~.~!~! i' 200~ , before me, the ur~dersigned, a Notary Public ~n and for the State of Iowa, personally appeared r.~¢f~}V 3 · ~ O~ ~r~ :, , , to me pemonally known, wh~ being by me duly sworn, did say that he/~he is the V~'( ~ ~¢~ ~.~ of ~0~:~ ~ ~ ~S~ that said inst~ment was signed on behalf of said ~rporation by authori~ of its Board of Directors; and that said ~ ~,( e ~ ¢~l ¢ ~,t acknowledged the execution of said instrument to be the voluntaw act and deed of said ~rporation, by it and by him/her voluntarily executed. Notated for the State of Iowa Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-259 RESOLUTION OF INTENT TO CONVEY ALLEY RIGHT-OF-WAY LOCATED IN THE PENINSULA NEIGHBORHOOD FIRST ADDITION AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR AUGUST '16, 2005, WHEREAS, The City Council is considering an ordinance vacating all of the alley right-of-way within the Peninsula Neighborhood First Addition; WHEREAS, conveyance of the alley right-of-way to Peninsula Development LLC, subject to public utility and access easements, as well as'a maintenance agreement, will facilitate installation of private utilities within private easements rather than public right-of-way; WHEREAS, the City does not need the vacated right-of-way to provide access to property in the area; and WHEREAS, the disposition of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey its interest in the alley right-of- way located within the Peninsula Neighborhood First Addition to Peninsula Development LLC, subject to the necessary public utility and access easements, as well as a maintenance agreement. 2. A public hearing on said proposal should be and is hereby set for August !6, 2005, at 7:00 p.m. in Emma Harvat Hall of City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 2nd day ,2005. CITY'CLERK Approved ,;~~)~,~ '//rt.,/'O,,~ -- City Attorney's ..... Offic(J2 Resolution No. 05-259 Page 2 It was moved by Vanderhoef and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey × Champion x Elliott x Lehman x O'Donnell × Vanderhoef x Wilburn Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 RESOLUTION NO. 05-260 RESOLUTION VACATING THE PUBLIC ALLEYS WITHIN THE PENINSULA NEIGHBORHOOD FIRST ADDITION, IOWA CITY, IOWA WHEREAS, the Applicant, Peninsula Development LLC, has requested that the City vacate the public alleys within the Peninsula Neighborhood First Addition, Iowa City, Iowa, to be used as private alleys and enable the placement of private utilities therein; and WHEREAS, a public utility easement and a public access easement will be retained over the alleys to ensure that they continue to function as an effective component of the neighborhood transportation system; and WHEREAS the Applicant shall assume responsibility for the construction of the alleys to City standards and the subsequent maintenance thereof, which maintenance responsibility may be assigned to a homeowner's association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Subject to the retention of a public utility easement, a public access and emergency vehicle easement, and the applicant's commitment to construct and maintain the right-of-way according to City standards, the City of Iowa City hereby vacates the previously dedicated public alleys within the Peninsula Neighborhood First Addition, Iowa City, Iowa. Passed and approved this Apprgved. by CITY'CLERK ' ' Cl~y-Atto~ney's Resolution No. 05-260 Page 2 It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion x Elliott × Lehman × O'Donnell × Vanderhoef × Wilburn City of Iowa City MEMORANDUM Date: July 21, 2005 To: Planning and Zoning Commission From: Robert Miklo Re: VAC05-00006 Peninsula Phase I - alleys The Commission recently recommended approval of the vacation of the public alleys in the Peninsula Phase II. The purpose of the vacation is to convert the alleys from public to private to allow installation of private utilities within the alleys. The Peninsula Development Company L.L.C. is now requesting vacation of the public alleys in Phase I for the same purpose. Converting the alleys from public to private will also make ownership of the alleys consistent throughout the neighborhood. Staff recommends approval of this request. In the platting of the Peninsula, 3 foot utility easements were provided at the rear of lots abutting alleys to enable the installation of gas and electric utilities. Presumably space within the alley abutting this 3 feet was expected to be provided for the actual installation of the utilities. We have been informed by representatives of MidAmerican Energy Co. that the company policy at this time is to avoid placement of utilities in public rights-of-way since any future relocations of those utilities would be at the cost of the utility company, according to City policy. So the resolution of this is to transfer ownership of the alleys from the City to the developer and retain easements over the alleys for public access, emergency services, and garbage pick-up and establish a hold-harmless provision in the easement such that the public does not incur costs for pavement repair caused by the provision of the public services. When the neighborhood builds out the ownership and responsibility for the alleys will be transferred to the homeowners association. As public alleys, the rights-of-way were open for all of the uses and services noted above; snow removal was the responsibility of the abutting owners; and the City (public) was responsible for the pavement for its life (approximately 20 years). As private alleys, the uses and services will remain the same; snow removal responsibilities will remain the same; the public will have no pavement maintenance responsibilities; and an easement will be granted by the deVeloper to MidAmerican for space in the alley abutting the 3 foot easement for installation of utilities. Cc Barry Kemper, Peninsula Development L.L.C. Aaron Cooper, MidAmerican Energy Ron Knoche Brian Boelk ~ FOSTER RD SITE LOCATION: ~oninsula ~a~ 1 Alloy Vacation Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB05-00009) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF MWD DAVIS ADDITION, A PORTION OF WHICH INCLUDES A RESUBDIVISlON OF LOTS 13-17 OF R.H. DAVIS SUBDIVISION, AND A PORTION OF OLDE OAK LANE IN R.H. DAVIS SUBDIVISION, IOWA CITY, IOWA WHEREAS, the owner, James R. Davis, Robert A. Davis, and Jan Ellen Smith, filed with the City Clerk the final plat of MWD Davis Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Center of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa City, Iowa; Thence S89°55'12"W, along the North line of the Southwest Quarter of said Section 20, a distance of 1073.25 feet, to the Southeast corner of Lot 11 of R.H. Davis Subdivision, in accordance with the Plat thereof recorded in Book 7, at Page 1, of the records of the Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence N01°01'58"E, along the Easterly lines of Lot 8, Lot 9, Lot 10 and Lot 11 of said R.H. Davis Subdivision, 396.57 feet, to the Southwest corner of Lot 12, of said R.H. Davis Subdivision; Thence S66°18'17"E, along the Southerly line of said Lot 12, a distance of 75.75 feet, to the Southeast corner thereof; Thence N23°47'56"E, along the Easterly line of said Lot 12, a distance of 199.77 feet, to the Southwest corner of Lot 18 of said R.H. Davis Subdivision; Thence S66°14'16"E, along the Southerly line of said Lot 18, a distance of 224.57 feet, to the Southeast corner thereof; Thence N23°42'17"E, along the Easterly line of said Lot 18, a distance of 129.56 feet; Thence Northwesterly, 116.96 feet, along said Easterly line, and an arc of a 54.67 foot radius curve, concave Southwesterly, whose 95.90 foot chord bears N37°35'03"W; Thence N08035'29"W, 60.00 feet, to a point on the Northerly Right-of-Way line of Olde Oak Lane; Thence S81°07'37"W, along said Northerly Right-of-Way line, 291.64 feet, to the Southeast corner of Lot 6 of said R.H. Davis Subdivision; Thence N01°05'35"E, along the Easterly line of said R.H. Davis Subdivision, 450.59 feet, to the Southwest corner of Auditor's Parcel No. 2005016, in accordance with the Plat thereof recorded in Book 48, at Page 309, of the records of the Johnson County Recorder's Office; Thence S88°58'43"E along the Southerly line of said Auditor's Parcel No. 2005016, a distance of 143.89 feet, to the Southeast corner thereof, and a point on the Southwesterly Right-of-Way line of Highway No. 218; Thence S31°25'02"E, along said Southwesterly Right-of-Way line, 1304.33 feet; Thence S05°01'05"E, along said Southwesterly Right-of-Way line, 260.12 feet; Thence S18°17'39"E, along said Southwesterly Right-of-Way line, 497.24 feet, to a point on the East line of the Southwest Quarter of said Section 20; Thence S00%%d13'40"W, along said East line, 5.60 feet, to its intersection with the Northerly Right-of-Way line of Highway No. 1; Thence S41°25'36"W, along said Northerly Right-of-Way line, 349.83 feet; Thence S65°53'59"W, along said Northerly Right-of-Way line, 160.25 feet; Thence S23°39'28"W, along said Northerly Right-of-Way line, 215.98 feet; Thence S53°53'27"W, along said Northerly Right-of-Way line, 413.23 feet; Thence S41°15'16"W, along said Northerly Right-of-Way line, 345.72 feet; Thence S62°03'39"W, along said Northerly Right-of-Way line 345.84 feet, to a point on the West line of the East One-Half of the Southwest Quarter of said Section 20; Thence N00°16'15"E, along said West line, 1602.95 feet; Thence N89°43'05"E, 250.13 feet; Thence N00°39'57"E, 321.57 feet, to said POINT OF BEGINNING. Said Tract of land contains 50.05 acres, 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 Resolution No. Page 2 WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a 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 (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. 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 ,20 MAYOR Approved by CiTY CLERK It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn ppdadm/res/MWD Davis-cityplat.doc Prepared by: John Yapp, PCD, 410 E. Washington St., iowa City, IA 52240; 319-356-5247 (SUBU>-- ~o~ll RESOLUTION NO. 05-261 RESOLUTION APPROVING THE PP,ELIMINARY PLAT OF RESUBDIVlSlON OF NORTH AIRPORT DEVELOPMENT, IOWA CITY, IOWA, WHEREAS, the owner, the City of Iowa City, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Resubdivison of North Airport Development; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Resubdivision of North Airport Development, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 2nd day of~~7~.~, 2~ AYOR Approved by ATTEST: dTY~-CLERK Cit~ ~,~'~r~ey'sCOffice ppdadmin\res\preplat-resub-nairport.doc Resolution No. 05-261 Page 2 It was moved by Vanderhoef and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman x O'Donnell x Vanderhoef X Wilburn STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: SUB05-00011 Resubdivision of Date: July 21,2005 North Airport Development GENERAL INFORMATION: Applicant: City of Iowa City 410 E Washington Street Iowa City, IA 52240 Contact Person: John Yapp / Karin Franklin Phone: 356-5230 Requested Action: Preliminary plat Purpose: To create an 1 l-lot commercial subdivision Location: North of the Iowa City Municipal Airport, along Ruppert Road Size: Approx. 40.79 acres Existing Land Use and Zoning: Undeveloped; CC-2, Community Commercial Surrounding Land Use and Zoning: North: Commercial; C1-1 South: Airport East: Commercial; CC-2 West: Commercial; CC-2 Comprehensive Plan: Retail / Community Commercial File Date: July 1,2005 45 Day Limitation Period: August 15, 2005 BACKGROUND INFORMATION: Aviation Commerce Park was recently rezoned from Intensive Commercial, C1-1 to Community Commercial, CC-2. This rezoning was 1) to facilitate the purchase of approximately 21 acres of property by Wal Mart Stores, Inc.; and 2) to encourage additional retail and related commercial development on the remainder of the property (approximately 19 acres). The City is requesting a resubdivision of the property to create a large approximate 21-acre parcel, and to relocate Ruppert Road to accommodate the large commercial lot, and to allow access to the road from existing commercial properties to the north. ANALYSIS: Zoning considerations: The Community Commercial zone allows retail and related businesses such as restaurants, personal service and office businesses. These businesses attract traffic from the larger community. When the property was recently zoned to Community Commercial, CC-2, a Conditional Zoning Agreement was generated to help meet the policies of the South Central District Plan. These conditions include sidewalk and pedestrian walkways to be installed to allow pedestrians to easily walk to the businesses in the area, landscaping requirements, and appearance standards for any commercial structures over 50,000 square feet in size. The majority of these requirements will be reviewed as site plans are generated for individual lots. On this plat, sidewalks are shown to be included on both sides of Ruppert Road and Westport Drive. Subdivision Design: The main feature of the subdivision is the relocation of Ruppert Road, which will be paid for by the purchaser of the large commercial lot. A new road, Westport Drive, including sidewalks, is proposed to extend along the north side of the North Airport Development. A segment of Ruppert Road on the western half of the development is proposed to be removed in order to create an approximate 21-acre lot to accommodate a single large retailer. Ruppert Road will need to be vacated concurrent with the final plat process. The east segment of Ruppert Road in the North Airport Development is proposed to be converted to a cul-de-sac, and it's name will be changed to Spitz Court. Smaller one- to two-acre commercial lots will be accessed from Sptiz Court; these lots may be combined to accommodate larger commercial users. A roadway easement to connect Spitz Court to Westport Drive is included between lots 3 and 4 to allow for Sptiz Court to be a loop street that will be more conducive to facilitate vehicular and pedestrian traffic if smaller commercial establishments locate here. If one large business occupies the east half of the development, there is potential for Spitz Court to be vacated altogether to create enough room for a large commercial entity. Westport Drive, a collector street, will be located along the northern boundary of the North Airport Development subdivision, and as a public street will be able to provide access to the commercial properties to the north. Westport Drive is proposed to be designed with a center turn-lane between Ruppert Road and Lot 5 to accommodate turning traffic associated with both the north and south sides of Westport Drive. Stormwater management: The stormwater management system is an elongated dry-bottom basin along the south side of the North Airport Development. It collects water from this development, and directs it to the Iowa River. No individual stormwater basins are required for any of the lots in this development. Floodplain: The 100-year flood plain is shown to extend into a few portions of the North Airport Development. These floodplain limits are based on the 1999 FEMA floodplain maps. Because of filling and the creation of the dry-bottom basin along the south side of the property, it is unlikely the 100-year floodplain will continue to extend into this property. Typically structures built within the 100-year floodplain are required to construct the lowest floor elevation at least one foot above the 100-year flood level. Engineering staff is working on generating a floodplain 'map revision' to clarify which properties are and are not within the 100-year floodplain. Traffic Issues: Retail development will attract more traffic than was anticipated under the previous C1-1 zoning. Westport Drive is appropriately designed as a collector street, and the development has access to two arterial streets, Highway 1 and Riverside Drive. As part of the purchase agreement, Wal-Mart agreed to improve Ruppert Road to add a northbound to westbound left turn lane. A southbound to eastbound left turn lane at the Ruppert Road / Westport Drive intersection may also be needed. A sidewalk on the east side of Ruppert Road will also be included. S:\PCD\Staff Reports\SUB05-00011 North Airport.doc Changing traffic patterns are a consequence of new development and investment. As this property develops, the intersections of Highway 1 / Ruppert Road (which is currently signalized) and Westport Drive / Riverside Drive (which is not currently signalized) will need to be improved to accommodate changing traffic patterns. A traffic signal may also be needed at the Ruppert Road / Westport Drive intersection. In order to facilitate the viability of commercial development in this area, the City should anticipate investment in these intersections due to development and potential redevelopment on surrounding properties. Infrastructure fees: A water main extension fee of $395 per acre is required. STAFF RECOMMENDATION: Staff recommends SUB05-00011, a preliminary plat of a Resubdivision of North Airport Development and North Airport Development Part Two, an 11-1ot, 40.79-acre commercial subdivision located north of the Iowa City Airport, be approved. ATTACHMENTS: 1. Location Map 2. Preliminary Plat Approved by: ,//~,~ --z-z-~, Robert Miklo, Senior Planner, Department of Planning and Community Development S:\PCD\Staff Reports\SUB05-00011 North Airport.doc OSA/RM20 STATE HIGHWAY CC2 CI1 PUBLIC WORKS & TRANSIT CC2 o o Park AIRPORT SITE LOCATION: North Airport Development SUB05-O0015 PRELIMINARY PLAT s~,~o,~o ~.~o ,~o .o___~ RESUBDIVISION OF NORTH AIRPORT DEVELOPMENT AND NORTH AIRPORT DE~LOPMENT PART TWO ~- IOWA CITY, IOWA Prepared by: Rober'[ Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB04-00014) RESOLUTION NO. 05-262 RESOLUTION APPROVING FINAL PLAT OF COUNTY CLUB ESTATES, PART 2, IOWA CITY, IOWA, WHEREAS, the owner, Mike Speer, filed with the City Clerk the final plat of County Club Estates, Part 2, 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 PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPLE MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 13 ( A CONCRETE MONUMENT IN PLACE); THENCE S89°50'15"W (ASSUMED BEARING), 711.12 FEET ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13 TO THE NORTHWEST CORNER OF LOT 99 OF SOUTHWEST ESTATES- PART SIX AND THE POINT OF BEGINNING OF SAID PARCEL HEREIN DESCRIBED; THENCE S36°19'28"W, 466.56 FEET ALONG THE NORTHWESTERLY LINE OF SAID SOUTHWEST ESTATES- PART SIX; THENCE S69°53'10"W, 109.43 FEET ALONG SAID NORTHWESTERLY LINE TO FLAGSTAFF DRIVE; THENCE S67°10'23"W, 50.06 FEET ALONG SAID NORTHWESTERLY LINE; THENCE S70°15'30"W, 138.21 FEET ALONG SAID NORTHWESTERLY LINE TO THE WESTERLY LINE OF SAID SOUTHWEST ESTATES-PART SIX; THENCE S19°44'30'E, 61.59 FEET ALONG SAID WESTERLY LINE; THENCE S12°35'21'W,237.78 FEET ALONG SAID WESTERLY LINE; THENCE S00°49'01"W, 76.13 FEET ALONG SAID WESTERLY LINE TO THE NORTHEAST CORNER OF COUNTRY CLUB ESTATES FIRST ADDITION; THENCE N88°57'14"W, 479.17 FEET ALONG THE NORTHERLY LINE OF SAID COUNTRY CLUB ESTATES FIRST ADDITION TO THE EASTERLY RIGHT-OF-WAY LINE OF LAKE SHORE DRIVE; THENCE Nll°11'07"E, 28.41 FEET ALONG SAID EASTERLY RIGHT-OF- WAY; THENCE N78°48'53"W, 60.00 FEET TO A POINT LYING ON THE WESTERLY RIGHT-OF- WAY LINE OF LAKE SHORE DRIVE; THENCE Sl1°11'07"W, 293.32 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO THE NORTHERLY LINE OF OUTLOT "A" OF COUNTRY CLUB ESTATES FIRST ADDITION; THENCE N78°55'47"W, 125.00 FEET ALONG SAID NORTHERLY LINE IF OUTLOT "A"; THENCE N11°11'07"E, 403.87 FEET; THENCE NORTHEASTERLY, 121.78 FEET ALONG AN ARC CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 855.00 FEET AND A CHORD BEARING N15°15'37"E, 121.68 FEET; THENCE N19°20'46"E, 141.01 FEET; THENCE NORTHEASTERLY, 117.81 FEET ALONG AN ARC CONCAVE NORTHWESTERLY, WITH A RADIUS OF 195.00 FEET AND A CHORD BEARING N02°02'20"E, 116.02 FEET; THENCE N15°16'05"W, 306.04 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 13; THENCE N89°50'15"E, 1218.85 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 16.64,~ ACRES MORE OR LESS AND 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 Resolution No. 0.5-262 Page 2 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 (2003) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. 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 2nd day of Au~u,~t ,20 05 - Approved by CITY"CLERK City Attorney's Office It was moved by Vanderhoef and seconded by n'no,n,~ ~ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey x Champion x Elliott x Lehman x O'Donnell ;~ Vanderhoef × Wilburn ppdadmin~es~countryblubpart2,doc STAFF REPORT To: Planning & Zoning Commission Prepared by: Robed Miklo Item: SUB04-00014, Country Club Date: May 20, 2004 Estates Second Addition GENERAL INFORMATION: Applicant: S & J Development L.L.P. 1157 Flagstaff Iowa City, IA 52241 (319) 338-8730 Contact Person: Van Winkle - Jacob Engineering Phone: (319) 338-4939 Requested Action: Final plat approval Purpose: To create a 43-1ot residential subdivision Location: North of Lake Shore Dr., west of Flagstaff Dr. Size: 16.65 acres Existing Land Use and Zoning: Undeveloped, RS-5 Surrounding Land Use and Zoning: North: County Farm, P South: Residential, RS-5 East: Agricultural, undeveloped RR-1 West: Agricultural, RR-1 and A1 (County) Comprehensive Plan: Residential, 2-8 dwelling units per acre File Date: April 29, 2004 45 Day Limitation Period: June 13, 2004 60 Day Limitation Period: June 28, 2004 BACKGROUND INFORMATION: The preliminary plat of Country Club Estates Second Addition was approved by the City in August 2003. The applicant is now requesting a final plat approval. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. The plat does contain some technical deficiencies and discrepancies noted at the end of this report. These deficiencies and discrepancies must be resolved prior to the Commission voting on the plat. The plat shows a storm water detention easement on lots 18, 19 and 21. The City Engineer is reviewing the construction drawings and storm water management calculations to determine if this easement is large enough to provide for a storm water detention basin of sufficient size. If it is not the easement area will need to be increased prior to Council consideration of the plat. If it is to be increased in size it should be designed to leave sufficient area for construction of houses on the lots which contain the easement. The dedication of 17,113 square feet of open space or fees in lieu of, are required for a subdivision of this size. At the time of preliminary plat approval, the Parks and Recreation Commission indicated that they preferred the open space requirement for Country Club Estates, Part 2, be pooled with the open space required for the development of the larger property owned by the applicant. This will allow for the creation of a larger more centralized neighborhood park. The legal papers should indicate that the open space obligation for this subdivision is being transferred to the adjacent undeveloped property. STAFF RECOMMENDATION: Staff recommends that the final plat of Country Club Estates, Part 2, a 42-1ot, 16.65-acre subdivision located west of Flagstaff Drive be approved subject to approval of legal papers and construction drawings, including the storm water detention easement, prior to City Council consideration. · ATTACHMENTS: 1. Location Map 2. Final Plat Approved by: Karin Franklin, Director, Department of Planning and Community Development ppdadmin\stfrep\country club.doc SITE LO~TION: Flagstaff & Phoenix Ave. SUB~O014 " ' '= '~ ' ' - ' -- .iLt U" ~ " I ~' '"/. ,o . ~ ,,/ COUNTRY CLUB ESTATES SECOND ADDITION '-&-- ~%- ~- i Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 05-263 RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST T & M MINI MART WHEREAS, on May 31, 2005, Tyler James Weseman, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, Weseman was an employee of the establishment operating under the retail cigarette permit issued to T & M Mini Mart, 2601 Highway 6 E, Iowa City; and WHEREAS, pursuant to Io~va Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and is subject to a $1500.00 civil penalty or thirty day retail cigarette permit suspension, at the retailer's option, for the second such violation within a two-year period; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against T & M Mini Mart and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the second such violation of an employee ofT & M Mini Mart- within a two-year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes either a $1500.00 civil penalty or thirty day retail cigarette permit suspension, against T & M Mini Mart, at its option. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to choose its civil penalty by either paying the $1500.00 civil penalty in full to the City Clerk or by delivering to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: August 2~ 2005 I~[ayoi-, City of Iowa Cit,) ' - - City Clerk, City of Iowa City Resolution No. 05-263 Page It was moved by Wilburn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ;X Bailey x Champion ~( Elliott × Lehman × O'Donnell x Vanderhoef × Wilburn Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 05-159 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T & M MINI MART WHEREAS, on February 16, 2005, an employee ofT & M Mini Mart, 2601 Highway 6 E, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation T & M Mini Mart was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Ioxva Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on April 15, 2005, T & M Mini Mart waived its fight to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation by an employee ofT & M Mini Mart within a t~vo year period. NOW, THEREFORE,'BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of T & M Mini Mart. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: April 19, 2005 City Clei'k, City of Iowa City CERTIFICATE I, _1..~ Berkley : Clerk of the Di~tr~ct I Court of lhe State of Iowa. in and for Johnson I CO~, lb herd~ cafl~ that this i~ a true and I ~ T-CA, V Cofl~et~ ~ of th~ Ori~imll Instmmenl~s) I D OCI~S-C&R COMPLAINT ~ RES D NON-RES IOWA UNIFORM CITATION AND COMPLAINT ~] HIS ~[~NON-HIS ~ilad itl lhi~ J I IOWA CITY POLICE DEPARTMENT ARMED I"1 YES ~Sm~WWUEREOF.~,.,~eu~ I ~State of Iowa "T-l ~e~ r~/hand a~l affixed the Seal of ~ Court ~ ,ol. ...... .... _ 15896:1 E] City of: IOWA CITY LODEMA BERKLEY I [ '-~)f/, f/J~rk o! Distrj~l, ,Cou~I,/')~ I I. mc c.u i 417 S. CLINTON STREET JOHNSON COUNTY COURTHOUSE VS. - Defendant, Last First Middle Address ~I I t~ ~r-310~.,%~ce -'B City '~J~=c~.~_ C~- % State~,z~_Zip 5"ZZ'-/ SS/DL# t~/Vg t'5 l%8q State~.~Co.// DL Class 75 DL End % DL Rest. DOB ~,/}~ /~ Race C"" Sex A'/ Hr. ~'~a Wt.{~O The~undeFsigned states that on or about. ~ / "~ I /~ ~ at ~ ~ {-7 VIAM ~M defendant did unlawfully: Mo. Day Yr. Operate Motor Vehicle/Boat (describe) CMV [3Yes {~No HazMatPlac. Req. [~Yes ~No USDOT# Reg. # State Year ~ Upon a public highway at-~ec }t-' k Jk- [ I t~O i IIkA~-'~ /I Located in the county and state aforesaid and did then and there commit the following offense: ~Traffic ~] Navigation ~] Snowmobilc/AT¥ ]~Fish-Game ~Parks '~Schcduled Vic/Fine $_~. _~__.~72. ~J Road C~usu.uc, ion Zone ~ Non-S~O~eduled Violatiiin Surcharge $-.~__jL~_ ~ CotnnL ~'l~pcarance Required 18l)5 10) / ( reason: Conr~ Costs $ ~ . ' , [] PJ. ~:P.D. ($1000) ^ccideut :-: El Fataf,,~cident Tolal Fine/Costs $__.~(_.~.~ ~".} }~ Civi~'lSJamage Assess~ Violation~,)t.¢o ~ j,~ :;. c ..... Speed In Zone-Sec. # %t~"~ ~. ~(i ) x,,,,_.D~ode DATA CODE Fe~Adm. Code Local Ord.~ I cemify under penalty of peou~ and pursuant to the laws of the State of Iowa that the preceding is tree and co~ect. Mo Day Yr. ' Officer's Signature . Court Date: [f you must appe~ in couN or if you choose to appear to answer a ch~ge which does not require an appearance, repo~ to ~e above named cou~ on: Mo. Day Yr - ~iAM ~ PM NOTICE: Providing false info~ation is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My signature helo~5 is not a plea UI gLliJty, bU~ :lckm)xHcdgc,i all I ibc h;h gli t, II hereby swear and affi~ that the information provided by me on this citation is tree under penalty of providing false infom~ation 2. l promise ~o appear in said cou~ at said time and place, or I will comply wflh the provision on the top of the reverse side of the citation. The following applies to simple misdemeanors only: 3 I hereby give my unsecured ap~arance bond in the amount of ~ dollars and enter my wriuen appearance 1 agree that if I fail to appear in person or by counsel to defend against the offense charged in this citation, the cou~ is authorized Io enter ~ conviction and render judgment against me tot the amount of my appearance ond in satisfaction of the penalty and surcharge plus cou~ costs. Signature of Delkndant .... Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-264 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2537 WHISPERING PRAIRIE AVENUE TO A PUBLIC HOUSING PROGRAM TENANT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 2537 Whispering Prairie Avenue, also known as Lot 36, Whispering Meadows Subdivision Part One; and WHEREAS, a public housing program tenant has offered to purchase the home at 2537 Whispering Prairie Avenue for the principal sum of $110,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership of their own home; and WHEREAS, on July 19, 2005, the City Council adopted a Resolution declaring its intent to convey its interest in 2537 Whispering Prairie Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 2537 Whispering Prairie Avenue, legally described as Lot 36, Whispering Meadows Subdivision Part One, Iowa City, Iowa, to a public housing program tenant. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $27,500. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 2nc~ day of August ,2005. Approved by CITY"GLERK City Attorney's Office Resolution No. 05-264 Page 2 It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott X Lehman x O'Donnell × Vanderhoef ~ Wilburn Prepared by: Terry Trueblood, Parks &Rec., 410 E. Washington, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 05-265 RESOLUTION NAMING A NEW NEIGHBORHOOD PARK "HARLOCKE HILL PARK" WHEREAS, the City owns parkland within Lot 25, Weeber's Third Addition located adjacent to Harlocke Street legally described as Johnson County Auditor's Parcel No. 2002-061; and WHEREAS, this parkland is being developed as a neighborhood park; and WHEREAS, a survey of neighborhood residents indicated a preference that this park be named as such; and WHEREAS, the Parks and Recreation Commission recommends that this park be named "Harlocke Hill Park," in accordance with neighborhood wishes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. The name of said tract of land legally described as Auditor's Parcel No. 2002-061 shall be "Harlocke Hill Park." Passed and approved this 2nd day of August ,20 0.5 . MAYOR CITY'CLERK City Att~rney's~Office-- It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~; Bailey × Champion x Elliott × Lehman × O'Donnell × Vanderhoef ~: Wilburn parksredres~adockehillpark.doc Prepared by Kimberly Johnson, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 05-266 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNERS, LAURENCE SHORT, ELIZABETH HULLETE BELLE & BELLE FAMILY TRUST, AND TENANT TROPICAL CHILL, INC. d/b/a BALDY'S WRAPS, FOR A SIDEWALK CAFI5 AT 18 S. CLINTON STREET. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Tropical Chill, Inc., d/b/a Baldy's Wraps, as tenant, applied for a temporary use of the public right-of-way at 18 S. Clinton Street, Iowa City, Iowa for a sidewalk cafb thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafb and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "License Agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, 1OWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and License Agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 2,d day of A~_~.~c ,2005. by: CITY'CLERK City Attorney's Office Resolution No. 05-266 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Ron Gaines, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 05-267 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ANDERSON-BOGERT ENGINEERS & SURVEYORS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE GILBERT/PRENTISS/BOWERY INTERSECTION IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City desires to improve the City's street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS the City has determined construction of a left turn lane on Gilbert Street, combined with intersection geometric improvements will reduce vehicle collisions, improve overall safety and traffic carrying capacity; WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Gilbert/Prentiss/Bowery Intersection Improvement Project, all of which shall be called the Project; and WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services with Anderson-Bogert Engineers & Surveyors, Inc.; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Anderson- Bogert Engineers & Surveyors, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in duplicate. Passed and approved this ;Znd day of August ,20 05 CI~LERK ' di[y ~,Rorney's Office p~ng¥~sV31ilbedPrentissBo~.doc Resolution No. 0.5-267 Page 2 It was moved by Champion and seconded by ~__ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey x Champion x Elliott x Lehman x O'Donnell x Vanderhoef × Wilburn CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this gnd day of August , 200,5 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Anderson-Bogert Engineers & Surveyors, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant. WHEREAS the City has observed more than 50 vehicle collisions at the intersection of Gilbert Street with Prentiss Street and with Bowery Street between 1999 and 2004; WHEREAS Gilbert Street carries an average daily traffic volume of 18,000 vehicles per day and is an important street in the City transportation network; WHEREAS the City has determined construction of a left turn lane on Gilbert Street, combined with intersection geometric improvements will reduce vehicle collisions, improve overall safety and traffic carrying capacity; WHEREAS Anderson-Bogert Engineers & Surveyors, Inc. have been involved in preparing the Gilbert Street/Prentiss Street/Bowery Street Widening Project Study, and have unique knowledge concerning this particular intersection; NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. The scope of services to be performed by the CONSULTANT shall be completed in accordance with generally accepted standards of practice for the services required, including as a minimum the professional services to complete the following tasks: 1. CONCEPT REVIEW/BUDGET REPORT A. CONSULTANT shall review the project materials, previous studies, budgets, cost estimates, and other available information to verify the project concept is commensurate with the estimated budget, and review the feasibility of the project components. B. Research and Data Collection The CONSULTANT shall supplement research and data collected as part of the Gilbert Street Widening Study in the following areas: 1) Aerial Photography and Topography. This item includes the collection of aerial photography and topography comprising the best available information for the project area. Aerial photography will only be used for conceptual purposes, calculation of drainage areas, or for -2- public presentation displays. No roadway or sidewalk design will be performed from aerial photographic data. All final design of roadways and sidewalks will be performed using actual field survey data, as specified under Task B (Design Surveys), Article 2 (Preliminary Design). 2) Property Owner Research, This item includes the collection of the Assessor's parcel maps including property lines and property ownership information and any development agreements, and the creation of a database used for notification mailings, property values, and other information related to the project. This item also includes obtaining copies of recorded easements, monitoring well locations, and available well history. 3) Record Drawing Research. The purpose of this item is to research and collect the record drawings available for the improvements affecting the project area. This shall include both public and private improvement record drawings. 4) Soil Data Collection. This item includes the collection of the best available information related to soil types for the purpose of hydrology calculations, restoration, ground water levels, and bedrock levels for the purpose of determining costs of construction and special construction issues, and suitability of soils for the intended purpose such as roadway subgrade. This item includes taking actual soil borings along proposed storm sewer alignments, traffic signal pole locations, and areas of major cuts and fills. Pavement cores will also be taken at representative locations to determine existing pavement thicknesses. 5) Hydrology/Hydraulics. This item is intended to include the collection of information related to the hydrology and hydraulics of the surface water within the project corridor. This includes information related to existing detention, hydraulics of significant structures, and other pertinent information related to the hydrology and hydraulics of the watershed. It is anticipated the storm sewer improvements will be eventually extended east to outlet to the existing creek. 6) Applicable Design Standards. This item includes a collection and summarization of the design standards applicable to this project. 7) Utility Coordination. The CONSULTANT shall meet on up to one (1) occasion with each utility identified in the project corridor. 8) Public Information Meeting - Concept Review. The CONSULTANT shall provide reservations at an appropriate facility, notification of meeting, and presentation of materials for a public information meeting on the overall project concepts. The CONSULTANT shall also meet with individual business owners, as needed, in coordination with CITY staff to cover right-of- ways and easement acquisition, applicable private property issues, pavement improvements and traffic control and staging for the construction staging. -3- 2. PRELIMINARY DESIGN A. Utility Research. The Consultant shall perform necessary research to gather appropriate information on existing utilities in the project areas. In addition, inquiries shall be made regarding the future needs and plans of all utilities in the project area relative to repair or replacement of existing utilities or relative to future planned facilities in the area. This utility research and coordination task may require several meetings with the affected utilities. At least one meeting will occur on a group basis. There may also be individual meetings to address specific issues related to the project. B. Design Surveys. The CONSULTANT shall perform field and office tasks to collect the topographic information for the project area pertaining to existing utilities, verification of any topographic information provided by the City and detailed information pertaining to the location of surface features within the project area. The base mapping shall include all surface features within the project limits, and all marked or visible utilities within the project limits. The engineers shall determine the elevation of all storm and sanitary sewers and, to the extent possible, without excavation, the elevation of underground utilities within the project area. The base mapping shall also show the ownership of the adjacent properties based on the records in the City Assessor's office. The information shown on the base map shall be in AutoCAD electronic format. C. Verify Recommended Concept. The CONSULTANT shall review the budget report, concept report, and utility data and verify the appropriateness of the selected alternatives, scope and schedule of the proposed project and reconciliations for adjustment of scope, schedule, or budget will be made at this time. D. Photographic Review of Project Corridor. The CONSULTANT shall provide a photographic review of the project corridor prior to design and include peak traffic or storm water runoff times, if convenient. E. Construction Access and Staging Study. The CONSULTANT shall conduct a study of the construction access and construction staging requirements that are necessary to accomplish the project. This study shall include a discussion regarding appropriate traffic measures to minimize the impact and maximize access to those properties impacted by the project, both inside and beyond the project corridor. F. Preliminary Plan and Project Manual Preparation. The CONSULTANT shall utilize the base maps prepared and the studies and reports included in this section as reviewed and accepted by the City to prepare preliminary plans. The plans shall be in substantial conformance with the concept plan for the project. The preliminary plans shall, in a minimum, include the following items, if applicable. 1) Preliminary Plan and Profile of pavement reconstruction, widening, and storm sewer improvements. -4- 2) The limits of temporary construction easements of parcels not owned by the City, but required to complete the project. This may also require cross-sections of the easement area. 3) The summary of provisions necessary to accommodate the construction of the proposed public facilities including the relocation of existing utilities or the modification of existing driveway connections. 4) Constraints or conflicts affecting the anticipated cost of the proposed facilities. 5) Preliminary traffic control plan. 6) Preliminary erosion control plan. 7) Preliminary striping and signage plan. 8) Preliminary traffic signal plan. 9) Preliminary driveway profiles for each drive crossed by sidewalk. 10) Preliminary cross sections of all retaining wall areas (if needed). 11) Preliminary grading plan. 12) Preliminary storm sewer plan. The Consultant shall also prepare and submit a draft Project Manual. G. Preliminary Budget Review. The Consultant shall prepare preliminary opinion of total project cost and compare this to City's current project budget. CONSULTANT shall if necessary make recommendations pertaining to modifications in the project in order to address budgetary concerns. H. Permit Applications. The Consultant shall prepare and submit permit applications for all necessary permits for the project. This includes, but is not limited to Iowa DNR permit requirements. I. Quality Review by Design Team. The Consultant shall perform a quality review, including a site walk through and input from property owners and a contractor, when appropriate and coordinate with utilities. A thorough plan review will also be included in this step. J. Utility Coordination. The Consultant shall send preliminary plans to each affected utility or present at utility coordination meeting, and initiate discussions for required relocations. 3. FINAL DESIGN The following items shall be prepared in substantial conformance to the preliminary plans prepared for this project and shall address the comments of the City staff. -5- A. Right-of Way/Easement Acquisition. Upon approval to proceed from the CITY, the Consultant shall prepare acquisition plats, legal descriptions and exhibits as required to complete the acquisition of the right-of-way, permanent easements and temporary construction easements required for this project. B. Roadway Plans and Details. This item will delineate proposed removals and widening to pavement base and surface, pavement markings, construction materials, and details. Scale shall be no smaller than 1 inch = 30 feet on ll"x 17" paper; preferred scale is 1 inch = 20 feet. This shall include separate grading plans. C. Project Manual, The Consultant shall prepare the final project manual including the typical City contract documents, instructions to bidders, notice of hearing and letting, specifications, and other appropriate documents. Special Provisions shall be prepared as applicable, for the construction plans. The Consultant shall include a bid form with quantities based on the final plans and notice of hearing and letting based on the bidding date established for this project following standard City format. D. Traffic Control Plan. The Consultant shall provide a traffic control plan for all phases of this work. This plan shall Provide for pedestrian and vehicular traffic, and shall be approved by the City's Engineering Department. E. Construction Phasing Plan. The Consultant shall prepare a construction- phasing plan as necessary to allow construction activities to be completed in a manner to reduce or eliminate conflicts with other activities and to maintain convenient access to properties adjacent to the project site in a reasonable manner. F. Storm Sewer Plan. The Consultant shall prepare storm sewer plan and profile views showing each proposed storm sewer line and intakes. Storm sewers along the roadway may be shown in the plan and profile sheets for the roadway improvements. Tabulations of the storm sewer lines and intakes will be prepared showing grades, inverts, elevations, form grades, and other data necessary to construct the storm sewer system. G. Erosion Control Plan. The Consultant shall prepare a grading and erosion control plan showing existing and proposed contours, erosion prevention measures, and a detail pollution prevention plan. H. Final Budget Review. The Consultant shall prepare final opinion of total project cost and compare this to City's current project budget. Consultant shall if necessary make recommendations pertaining to modifications in the project in order to address budgetary concerns. I. Permit Coordination. The Consultant shall provide a summary of all permits received' and copies of all permit information to the City Project Engineer, including erosion control NPDES permits. Consultant shall prepare the NPDES permit application for publication and signature by the City. J. Utility Coordination. The Consultant shall meet with utility companies on average up to one (1) time each in the field to review the plan improvements, impacts to utilities, and utility planned relocations. -6- 4. BID PERIOD ASSISTANCE A. Soliciting Bids. The Consultant shall assist the City in soliciting bids for the project. Consultant shall make and distribute plans and project manuals for bidding purposes. B. Plan Clarification and Addenda. The Consultant shall meet with the project contact to answer questions during the bid period. The Consultant shall prepare and distribute all necessary addenda prior to receiving the bids. C. Recommendation of Award. The Consultant shall review the bids following the public opening and make a recommendation of award to the City. 5, CONSTRUCTION PERIOD THE CONSULTANT SHALL ATTEND THE PRECONSTRUCTION CONFERENCE AND ADDRESS QUESTIONS REGARDING THE BID DOCUMENTS. ,6. DESIGN SERVICES PROJECT MANAGEMENT A. Project Design Schedule. The Consultant shall provide the City with a weekly update of the project plan. If design work is not progressing in a manner to comply with the anticipated completion date, the engineer shall provide a brief summary of the actions to be taken to reduce or eliminate any delays in completing the design in accordance with the agreed upon schedule. Additionally, the update shall include a list of requested information from the City with a desired response date noted to avoid delay of the Consultant's services. B. Monitoring Project Scope. The Consultant shall inform the City of any engineering services required that are not included in the project scope of the design services contract approved by the City for this project. This notice must occur prior to any extra services being performed. Only those services approved by the City are eligible for compensation. C. Project Review Meetings. The Consultant shall present information pertaining to the project at bi-weekly project review meetings with the City. The information shall include both technical and project management issues. 7. DELIVERABLES The scope of services shall be considered to be complete upon completion and delivery of the following items to the satisfaction of the City Engineer: · Final Concept Plan. · Five sets of preliminary plans and supporting documentation as outlined in the scope of services to the City. · Two sets of acquisition plats and one overall right-of-way plan. · Two sets of original final drawings and project manual. -7- · One set of final cost opinion. · Electronic files for plan sheets in AutoCAD format. · Design Files II, TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. June 27, 2005 Project Start July 14, 2005 Public Information Meeting July 22, 2005 Concept Review and Data Collection Completed August 10, 2005 Utility Coordination Meeting August 19, 2005 Preliminary Plans September 16, 2005 Right-of-Way Plan to CITY April 21, 2006 Complete Right-of-Way Acquisition August, 2006 Final Plans to CITY October, 2006 Letting Date III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. -8- E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. -9- IV. COMPENSATION FOR SERVICES The City shall compensate the Consultant for services rendered under this agreement. Compensation shall be on a time and expense basis. The fee, including all time and expenses, shall not exceed $60,000.00. The CONSULTANT shall submit invoices monthly. A complete invoice shall, at a minimum, contain the following information: · Project name and contract number · Contract value information including the following: · Total contract value · Total value of previous invoices · Total value of current payment due · Total remaining contract value following the current payment · A statement of the services rendered during the billing period. · A statement of the progress of the completion of the scope of services. In no case shall the remaining contract value be less than the value of the services remaining to complete the scope of services under this agreement, as determined by the City. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR TFIE~ITY FOR THE CONSULTANT Title: .a_vor Title: /~/~ ~ ,~,.~-~. / Date: August 2. 2005 Date: "1.1 C±tt~ Clerk ' Approved by: Ci{y' Attorney's Office Date ADVERTISEMENT FOR BIDS HOLLYWOOD BOULEVARD SEWER REPAIR PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 26th day of July, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 2nd day of August, 2005, or at such later time and place as may be scheduled. The Project will involve the following: Removal and replacement of 377 L.F. of 10" diameter sanitary sewer, driveways and street pavement and other associated work. All work is to be done in strict compliance with the plans and specifications prepared by Daniel R. Scott, of Iowa City, Iowa, which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Late Start Date: August 29, 2005 Specified Completion Date: September 30, 2005 Liquidated Damages: $200 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of City Engineer, 410 E. Washington Street, Iowa City, Iowa, by bona fide bidders. A $25 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Dan Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 05-268 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HOLLYWOOD BOULEVARD SEWER REPAIR PROJECT, WHEREAS, Tschiggfde Excavating of Dubuque, Iowa, has submitted the lowest responsible bid of $188,136.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Tschiggfde Excavating, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 2nd day of August ,2005. App.roved by ~ CITY CLERK City Attorn~y'~ Office It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey ~ Champion × Elliott × Lehman X O'Donnell × Vanderhoef × Wilburn pweng/res/hwoodsewerAWRDCON.doc 7/05 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 05-269 RESOLUTION APPROVING THE APPOINTMENT OF SAMUEL E, HARGADINE AS POLICE CHIEF IN IOWA CITY, IOWA WHEREAS, the City of Iowa City, Iowa conducted a national recruitment for a new Police Chief; and WHEREAS, the Civil Service Commission has certified the civil service list for the position of Police Chief; and WHEREAS, in accordance with Section 4.04(A)(3) of the Iowa City Home Rule Charter, the City Manager shall appoint the Chief of the Police Department with the approval of the City Council; and WHEREAS, the City Manager has appointed Samuel E. Hargadine as Police Chief effective August 29, 2005, subject to approval of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the appointment of Samuel E. Hargadine as Police Chief in Iowa City, Iowa, is hereby approved. Passed and approved this 2nd day of August ,20 05 Approved by ~ CITY CLERK City Attorney's Office It was moved by O'Donnell and seconded by Vanderhoef the Resolution be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman × O'Donnell x Vanderhoef x Wilburn wpdata/clerkJres/hargadiae.doc Marian Karr From: the3rdiowa@mchsi.com Sent: Wednesday, July 27, 2005 11:25 AM To: council@iowa-city.org Cc: steve-atkins.org Subject: Discuss with Chief designate- stance on "knock-and-talks" I was happy to learn in the paper this morning that an offer was extended to fill the vacant police chief position. It seems appropriate, now that the offer has been made and apparently accepted, to have a public event to allow the public to meet him, have him make some comments and leave some time for questions and answers. From what I have been able to learn about him through the press, he seems like he would be amenable, as he often served in the capacity of spokesperson for the Columbia, MO Police Department. Also, I noticed the following article and thought I would share it with you as relevant information worth considering regarding the Chief-designate. The issue is important as many in our community hold strong views on "knock and talk" tactics. Garry Klein 628 2nd Ave. URL: http://www.mapinc.org/drugnews/vO4/n319/aO2.html Newshawk: chip Pubdate: Sun, 22 Feb 2004 Source: Columbia Missourian (MO) Copyright: 2004 Columbia Missourian Contact: editor@digmo.com Website: http://www.digmo.org/ Details: http://www.mapinc.org/media/2282 Author: Graham Wood POLICE SEARCHES DISPUTED Some Attorneys Say The Columbia Police Are Violating Civil Rights During Narcotics Investigations. "No one should ever open his door to the police." Dan Viets Criminal Defense Attorney. Columbia police don't always need a warrant to enter someone's home. Sometimes, all they need to do is knock. Police call this tactic a "knock-and-talk" investigation, and officers use it to make contact with people they believe are involved in illegal drug activity. According to reports from the narcotics unit, the number of these investigations conducted between 2002 and 2003 doubled from 11 to 22. Knock-and-talks typically begin with officers knocking on the door of a residence unannounced. The idea is to persuade the occupants to grant permission for them to enter and search for any illegal drugs or paraphernalia. If the occupants consent, police will enter and interview them. If not, then they will try to see if any drugs or drug paraphernalia are in plain view from their vantage point. If they are, they can make a warrantless entry. Defense attorney says police are deceptive Criminal defense attorneys Kevin O'Brien and Dan Viets are concerned with the implications this routine has for citizens' Fourth Amendment rights. "There's an element of deception in it. It constitutes an erosion on people's rights," O'Brien said. He said officers try to hide their reasons for conducting a knock-and-talk by engaging in normal, friendly conversation with people. The Fourth Amendment of the Constitution states, "The right of the people to be secure in their persons, houses . shall not be violated." Although knock-and- talk is "technically not a violation" of those rights, according to O'Brien, the police are "giving people a false sense of security." He said police often "prey on people who are kind of unsuspecting" and do not inform people of their intent to search when they arrive. Capt. Sam Hargadine of the Columbia Police Department said that since he started working in the investigations unit two years ago, the department has not received any complaints from citizens regarding knock-and-talks. Viets said the police have not received complaints because people do not expect officers to respond. He estimated that he represented a dozen defendants last year who were targets of knock-and-talks. Most, if not all, argued in court that they never gave consent for police to enter their homes, he said. These investigations are usually initiated by citizen complaints or CrimeStoppers reports of a specific residence or occupant who might be involved in drug activity. Capt. Mike Martin, the department's investigative commander, said officers are required to respond to all complaints. Knock-and-talks are less time consuming Martin said the police force is trying to take a more pro-active role in the community by using knock-and-talks. It allows officers to quickly assess the severity of a situation and then move on to address other citizen complaints, he said. He described the routine as a "hey, how are you doing" form of contact with residents. Martin said that officers generally find paraphernalia in plain view during such investigations. After the first sighting of drug evidence, he said, officers will secure the premises, or lock it up, so no one may enter or exit. Then, they will apply for a search warrant. Within hours, usually, a judge will approve the application, and the warrant will be served at the residence. Depending on the type of narcotic found, the amount and the criminal history of the occupant being investigated, said Martin, officers can take other actions against drug offenders. For example, felony amounts of drugs will result in on-sight arrests. In Missouri, more than 35 grams of marijuana constitutes a felony, and any amount of cocaine is a felony. Martin said someone who is found to have drugs in his or her home and has a criminal history of drug use would be arrested. "They should have learned their lesson the first time," he said. Viets said it is common for police to walk through residences, essentially conducting a search, "in the pretext of securing the premises." Officers do make a "walk-through" of residences to make sure all people have evacuated the premises before they search. But Viets said many times the walk-throughs turn into searches before a warrant is served. "No one should ever open his door to the police," Viets said. The best way to protect one's rights against warrantless searches is to simply refuse permission for police to enter oneTs home, he said. Martin said all knock-and-talk investigations that uncover drug evidence are put into formal reports, but those that do not are not necessarily reported. Martin requires all narcotic and investigative officers to report the details of these investigations to him. But he could not confirm that the number of knock-and-talks reported in the 2002-03 narcotic unit reports were the total number conducted by narcotics officers in those years. Investigations in criminal activity can be tfme-consuming," said Martin. "I think citizens want us to use our time appropriately." He said this method consolidates officers' time during investigations. Martin said that officers are trained for knock-and-talks with guidelines based on the Fourth Amendment. He said those guidelines, which are not explicitly written out, are 2 drawn from recent court rulings based on drug cases. Police follow the law "We go by what the Constitution says," Martin said, adding that this way, officers do not violate citizens' rights. According to a 2003 Missouri Uniform Crime Report, 991 people were arrested on suspicion of drug possession in Boone County last year, and 113 people were arrested on suspicion of selling or manufacturing drugs. State v. Robinson, a Missouri case, set the precedent for how drug evidence found during knock-and-talk investigations can be used in court. The Court ruled that statements made to officers by "confidential informants," or cooperative citizens, cannot be used as evidence; only hard evidence found on someone's person or in someone's home can be used to connect him or her to a crime. Marian Karr From: Garry and Betsy Klein [the3rdiowa@mchsi.com] Sent: Saturday, July 30, 2005 2:0'1 PM To: council@iowa-city.org; Regenia Bailey; dee-vanderhoef@iowa-city.org; ElliottB53@aol. corn Subject: Questions for the police chief candidate I appreciated the opportunity to speak to those of you whom I could reach on the phone this morning. Below are questions that I believe people in our community would like to hear the chief-designate comment about as they address protection of civil liberties, personal character, and core values: 1) With respect to "knock and talk" policing, what is your view on its use and when is it, in your eyes, appropriate and inappropriate to use as a tool for law enforcement? 2) What is your philosophy of community policing? 3) Describe a successful pelicing/cos~lunity relations program that you have been involved with and why you think they were effective? 4) What methods would you employ to interact with residents of Iowa City that you feel would make for better relations? 5) What were specific issues you faced in your current job that you think prepared you to become police chief of Iowa City? 6) What are your views of our jail sitiuation? What would you recommend as solutions, if anything? 7) What are your views on racial/ethnic profiling as a police tool? 8) What are your iumm~ediate goals and long-range plans as chief of police in Iowa City? 9) How do you see interacting with the University and other area police forces? 10) Iowa City has a human rights ordinance. Did the community you currently police? 11) How would you instruct your officers to enforce alcohol laws? 12) If you had to make a decision that would mean either cutting service or reduction in force, which would you choose and why? 13) Why did you choose to be a law enforcement officer? Garry klein 628 2nd Ave. Iowa City