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HomeMy WebLinkAbout1999-03-30 ResolutionRESOLUTION NO. 99-81 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/perm!t, to wit: First Avenue Club - 1550 S. First Avenue Sports Column - 12 S. Dubuque Street It was moved by Thornberry and seconded by as read be adopted, and upon roll callthere were: Norton that the Resolution AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 30th day of March , 19 99. Z'j..,...- ATTEST: ,,iT/~,CLERK CI City Attorney's Office a\danceprm.res Prepared by: Kim Johnson, Dept. of Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. 99-82 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IAIS/CRANDIC INTERCHANGE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That 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 6th day of April, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk: That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 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 30th day of Ma ~-ch ,19 c~c~ A'FI'EST: TYC2~R,~K.,,,,.'~K ~ CI Approved by pweng\res\crandic.doc Resolution No. 99-82 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 03-30-99 4f(1) Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 99-83 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDED WATER MAIN EASEMENT AGREEMENT FOR MORMON TREK VILLAGE PHASE III-B WHEREAS, during the development of Mormon Trek Village Phase Ill-B, the originally obtained water main easement was amended to include a larger east-west extension area; and WHEREAS, public water main has been installed within the expanded area; and WHEREAS, it is in the public interest to obtain an easement over the expanded area to preserve the City's interests in the public utility within the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to obtain an easement over the expanded water main area to preserve the City's interests in the water-main within Mormon Trek Village Phase III-B. The mayor is hereby authorized to sign, and the City Clerk to attest, the Amended Water Main Easement Agreement for Mormon Trek Village, Phase Ill-B, Iowa City, Iowa, and the City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the above-referenced agreement, said recording costs to be paid by the Developer of Mormon Trek Village, Phase Ill-B, Iowa City, Iowa. Passed and approved this 30th day of March , 1999. ppyoved b~ ATTEST: CI'I'I~L~RK T Resolution No. 99-83 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby . Lehman Norton O'Donnell Thornberry Vanderhoef AMENDED WATERMAIN EASEMENT FOR MORMON TREK VILLAGE, PHASE III-B, IOWA CITY, JOHNSON COUNTY, IOWA WHEREAS, Prime Ventures, L.C., an Iowa limited liability company hereinafter referred to as DEVELOPER) and the City of Iowa City, Iowa, hereinafter referred to as CITY, entered into a document entitled "Sanitary Sewer and Watermain Easements" which was recorded on September 22, 1998, in Book 2581, Page 249 through and including Page 255; AND WHEREAS, subsequent to the recording of this Watermain Easement Agreement the DEVELOPER and CITY have agreed that the description of said watermain easement should be changed. NOW, THEREFORE, DEVELOPER and CITY agree that the above-referred to Watermain Easement is modified by changing the description set forth in paragraph 2 of said Agreement to reflect the following description: A permanent watermain easement, located in the Southwest One- Quarter of the Southwest One-Quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows: Commencing at the Northeast corner of the Southwest one- Quarter of the Southwest One-Quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; thence S89'49'52"W, along the North line of said Southwest One-Quarter of the Southwest One- Quarter of said Section 17, a distance of 1196.78 feet; thence S00°10'08"E, 38.61 feet to the North line of Auditor's Parcel No. 98086, as recorded in Book 39, at Page 34, Records of Johnson County, Iowa, and the point of beginning; thence Sl1'32'38"E, 31.07 feet; thence S00'17'38'E, 59.02 feet; thence N89'42'22"E, 72.64 feet; thence S00'17'38"E, 15.00 feet; thence S89'42'22"W, 72.64 feet; thence S00°17'38"E, 279.00 feet; thence S45'10'08"E, 88.61 feet; thence N89'49'52"E, 400.71 feet; thence N44°49'52"E, 60.11 feet; thence N20'10'28"E, 60.11 feet; thence N24°49'32"W, 108.60 feet; thence N65'10'28"E, 15.00 feet; thence S24°49'32"E, 114.81 feet; thence S20°10'28"W, 69.60 feet; thence S44'49'52"W, 69.60 feet; thence S89'49'52"W, 328.21 feet; thence S00°10'08"E, 139.25 feet; thence Southwesterly, 20.03 feet, along an arc of a non-tangential 380.01 foot radius curve, concave Northwesterly, whose 20.03 foot chord bears S01'13'43"W; thence S02'39'49"W, 39.97 feet; thence S87'20'11"E, 243.62 feet; thence S69'28'51"E, 109.61 feet; thence N65'31'09"E, 139.22 feet; thence S24'28'51'E, 44.11 feet; thence S65'31'09"W, 15.00 feet; thence N24'28'5!"W, 29.11 feet; thence S65'31'09"W, 130.44 feet; thence N69'28'51"W, 113.47 feet; thence N87'20'll"W, 241.27 feet; thence S02'39'49"W, 91.67 feet; thence Southeasterly, 22.74 feet, along an arc of a 170.00 radius curve, concave Northeasterly, whose 22.72 foot chord bears S01'i0'07"E, thence N86°23'35~E, 82.96 feet; thence S48'36'25"E, 20.43 feet; thence N84'35'49"E, 38.42 feet; thence S19°38'39"W, 16.56 feet; thence S84°35'49"W, 37.91 feet; thence N48°36'25"W, 20.70 feet; thence S86'23'35"W, 90.81 feet; thence Northwesterly, 39.42, along an arc of a non-tangential 185.00 foot radius curve, concave Northeasterly, whose 39.34 foot chord bears N03'26'25~W; thence N02'39'49"E, 146.65 feet; thence Northeasterly, 19.26 feet, along an arc of a non-tangential 365.01 foot radius curve, concave Northwesterly, whose 19.26 foot chord bears N01'13'42"E'; thence N00°10'08"W, 139.26 feet; thence S89'49'52", 69.92 feet; thence N45'10'08"W, 101.02 feet thence N00'!7'38"W, 357.73 feet; thence Nll'32'38"W, 32.58 feet to a point on the North line of said Auditor's Parcel; thence N89'42"22"E, along said North line, 15.29 feet to the point of beginning, containing 0.76 acres, and is subject to easements and restrictions of record. In all other respects, the Watermain Easement previously recorded shall remain in full force and effect, the only difference created by this amendment being the change in the location of said easement. PRIME VENTURES, L.C. BY: Gary D. ~atts, Manager CITY OF IOWA CITY, IOWA BY: M~ /~' Karr City Clerk STATE OF IOWA JOHNSON COUNTY SS: On this ~ day of October, A.D. 1998, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Gary D. Watts, to me personally known, who being by me duly sworn, did say that he is the manager of the Limited Liability Company ("Company") executing the within and foregoing instrument to which this is attached, that the instrument was signed on behalf of the Company by authority of its members Gary D. Watts as manager acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the Company, by it and by him volunt ' execu~d. ~ STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) %c~_ ,q~ On this ~ day of ©ctobcr, 1998,- before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the of said municipal corporation, and that the instrument was signed and sealed on behalf of said municipal corporation, by authority of its City Council and said municipal corporation; and that 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. Notary Public in and for ~-0 ~,'~ '~ '~' I i I t"t ," '>7 f':' ~(,~,~ ~ I'r] --I '~, ' ' :" .-' '.-' ~:r ~ ~ Z O '.~ C" '%, ~ -,,,,.,, ~=.7.-7 .,/, .:..~'~.-, ~ ~ ~ .' ~ ~ m~m m m m~C Om o< zoo oo._l ~Bz ~---.r ornr-. rrl~O I ' I ~ >00 ~OZ ~ Om~ m~ Z I Z~ C: \1/,()()\1 .',,51 ()14 \1 ,'~,~,1 (/1 4112 WATERMAIN EASEMENT PLAT. Project Title: MORMON TREK VILLAGE TO IOWA CITY. JOHNSON COUNTY IOWA c/ 22 . ~clH 1: 74: !'>.5 prn I' S I MMS CoNs w rrs, INC Iowa City. Iowa (3~g) 351-8282 Designed by:, Drawn by:. Checked by:. '-/k, GDM PTR GDM ,,~ ./ I.C. ENG. REVIEW 9-1 -g8 Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 99-84 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A FIFTY-FOOT WIDE PUBLIC ACCESS EASEMENT LOCATED AT THE NORTHERN TERMINUS OF BLUFFWOOD LANE BETWEEN LOTS 26 AND 27, FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA WHEREAS, during the platting of First and Rochester, Part One, the City required the reservation of a fifty-foot (50') wide public access easement at the northern terminus of Bluffwood Lane, between Lots 26 and 27, in case additional vehicular access was required to facilitate future platting; and WHEREAS, the area has now been platted and developed to the extent that it is clear that the easement will not be used for vehicular access, and the topography of the area would not allow for the installation of a public trail within the easement; and WHEREAS, the original developer has requested the release of the easement so the abutting property owners may acquire the same and the release of the easement will enable the property owners to fully utilize the area encumbered by the easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to release the existing fifty-foot (50') wide public access easement located at the northern terminus of Bluffwood Lane and extending to Bluffwood Circle between Lots 26 and 27, First and Rochester, Part One, Iowa City, Iowa, according to the final plat thereof. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the fifty-foot (50') wide public access easement located at the northern terminus of Bluffwood Lane and extending to Bluffwood Circle between Lots 26 and 27, First and Rochester, Part One, Iowa City, Iowa, according to the final plat thereof, and the mayor is hereby authorized to sign, and the City Clerk to attest, a release of said easement sufficient for recordation. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached release, said recording costs to be paid by Plum Grove Acres, Inc. Resolution No. 99-84 Page 2 Itwas moved by Thornberry and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X X X x X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 30th day of March ,1999. orney e _ '~ Prepared by: Sarah E. Holecek, First Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030 ACCESS EASEMENT RELEASE The City of Iowa City, Iowa, does hereby release the property legally described as "50' Access Easement" as originally shown on the Final Plat of First and Rochester, Iowa City, Iowa, and located at the northern terminus of Bluffwood Lane and extending to Bluffwood Circle between Lots 26 and 27, First and Rochester, Part One, Iowa City, Iowa, according to the final plat thereof, from a lien or cloud upon the title placed thereon by the easement granted to the City of Iowa City, Iowa through those instruments. The City of Iowa City, Iowa hereby releases said easement as specifically designated and described in the foregoing instruments from any and all interest the City of Iowa City may have in said property by operation of the foregoing instruments. The City retains all other easements shown on said final plat not specifically released by this document. Er'r~ehman', ~ayor Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,_$5'~- day Oft~l~rcll, 1999 before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said Ernest W. Lehman and Madan K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 99-85 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT BASIN EASEMENT AGREEMENT FOR LOT 3, B.D.I. FIRST ADDITION, IOWA CITY, IOWA WHEREAS, during redevelopment of Lot 3 within B.D.I. First Addition, Iowa City, Iowa, it was noted that no easement agreement was obtained for the stormwater detention basin originally designed and installed with the initial development of the lot; and WHEREAS, City staff approved the proposed redevelopment of the lot subject to the property owners entering into a Stormwater Management Basin Easement Agreement to preserye the integrity of the stormwater management system in the future; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Stormwater Management Basin Easement Agreement for Lot 3, B.D.I. First Addition, Iowa City, Iowa. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at the expense of Edwin and Jane O'Brien. Passed and approved'this 30th day of ~arch '~2"'~ Resolution No. 99-85 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be Prepared by Marion R. Neely, 102 S. Clinton, Iowa City, 319/338-9453 STORM WATER MANAGEMENT BASIN EASEMENT AGREEMENT This Agreement is made by and between Edwin J. O'Brien (hereinafter "Owner") and the City of Iowa City, Iowa, a (hereinafter "the City"). and Jane E. 'O'Brien, municipal corporation IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, easements for purposes of installing, operating and maintaining storm water control facilities and storage areas otherwise known as a Storm Water Management Basin and also a fifteen foot wide (15') right-of-way with right of ingress and egress thereto, over and across the areas designated as "Proposed Storm Water Management Easement" and 15' Access to Storm Water Basin" (hereinafter "easement areas") as shown on the proposed easement plat attached hereto as Exhibit "A", and incorporated hereby by reference. The Owner further grants to the City the following rights in connection with said easements: 1. The right to grade said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said facilities, or may interfere with the exercise of the City's rights hereunder in nay manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement areas; or substantially add to the ground cover of said easement areas. Owner shall maintain the easement areas flee from weeds and debris; shall in no event fill or permit the Storm Water Control Facilities to be filed in; and Owner also agrees to maintain its land so as to minimize erosion in and around said easement areas. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. After completion of the Storm Water Management Basin, the Owner and its successors and assigns shall thereafter maintain the facilities and easement areas in such condition as to facilitate the proper functioning of said facilities. The maintenance shall include maintaining and mowing the groundcover over the areas adjacent to the basin and keeping the basin and its conduits free of debris. The City shall have no obligation for maintenance of the Facilities or the easement areas. However, the City shall have the right, but not the obligation, to enforce the terms of this agreement, including, but not limited to, the right to perform emergency repairs, conduit cleaning or maintenance on the facility without notice to the Owner at the Owner's expense. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree with the obligation to install the public improvements herein shall be in accordance with the City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this day of CITY OF IOWA CITY, IOWA ,1997. By: Mayor Edwin J. O'Br~ ATTEST: Martan K, Karr, City Clerk State of Iowa County of Johnson ) )SS: ) On this so *( day of 77~rch , 1999, before me, the undersigned, a Notary Public in and for said State of Iowa, personally appeared ~,~ to, ~ 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 the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. 9q-~S passed by Resolution of the City Council under Roll Call No.----- of the City Council on the 3d~ day of 'Tr/~ck , 199~i; and ~c.~-W. c.,j-..Z,.,h,,. and Marian K. Karr ackno. wledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. State of Iowa ) )SS: County of Johnson ) day of , 1997, before me, the undersigned, a Notary Public in and for said , ' . ' ' nE~ O'Brien to me known to be i instrument, and acknowledged that they executed the same as their voluntary act and deed. ~0.7 6 ' / 2 ~,0.~' N 60°fH':78" W .~1.60' N 60',~1'28" W DETENTION BASIN EASEMENT LOT 8 B.D.L RRBT ADDITION IOWA CITY. IOWA I I I I I I I I I0' LIIl, tTY~N~NT' I I I I~J~J. r125ftl;~i~rlON 0 25 -50 100 SCALE IN FEET EASEMENT DESCrIPtION I hetety cel'Ufy that the obove alescript;on and this lu~ey d~eument ore In ~cc~donce with A etonn water datetitan basin eolentent ~n thqt ~ of Lot 3 of 8.D,I. ~t A~lt~ ~hg as o ~t Of ref~ et the ~thw~t c~ of ~ ~th ~1'~' E~t ~.69 iMt ~g the N~ffi~st~y Ibe of ~M Lot 3 (~ berhg f~ this d~ipt~ ~ly) to the ~nt of · ee c~thuhg ~th ~51~= East 70.79 feet ira9 ~;d N~h~t~y lln~ ~e ~th 2~32' Wet ~,73 ~N N~h ~11'28" Wet ~.72 fe~ to o ~t Of hk~t~ wT~ t~ Eostwly line of m exisUn9 I0 f~ wMe utglty wlth the ~y i~e of on let~ ~ fat w~de ~o~ge m~t; L~' ~nd ~ k ~e State of Prepared by: Erin Herring, Controller, 410 E. Washington St., Iowa City, IA 52240; 319-356-5085 RESOLUTION NO. 99-86 RESOLUTION CERTIFYING UNPAID MOWING AND CLEAN-UP OF PROPERTY CHARGES, SNOW REMOVAL CHARGES AND SIDEWALK REPAIR CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Section 364.12 of the Code of Iowa provides that the City Council may certify unpaid mowing and clean-up of property charges, snow removal charges and sidewalk repair charges to Johnson County for collection in the same manner as a property tax; and WHEREAS, there exist unpaid mowing and clean-up of property charges, snow removal charges and sidewalk repair charges for the owners and properties, and in the amounts specified in Exhibit A, attached to this Resolution and by this reference made a part hereof; and WHEREAS, the Council finds that the property owners have received a written notice of the date and time for the City Council's consideration of this resolution, at which time the property owners may appear before the Council and be heard concerning the unpaid charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Clerk is hereby authorized to certify to Johnson County, Iowa, for collection in the same manner as a property tax, unpaid mowing and clean-up of property charges snow removal charges and sidewalk repair charges, as stated in Exhibit A attached. Passed and approved this 30th day of Narch ,1999. rve City Attorney's Office ann/ar/deanup99,doc Resolution No. 99-86 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X ..X X X the Resolution be Champion Kubby _ Lehman Norton O'Donnell Thornberry Vanderhoef ARXLIEN99.DOC March 30, 1999 REVISED 3-30-99 by A.M. EXHIBIT A ~/IOWING AND C~LEAN-UP OF PROPERI_ ~:!' ,~ ~ Sections 6-1-2c, 6-1-4a, b, 6-3, City Code ¢:~:v & ~ c~ Section 364.12 (3), Code of Iowa (1997) PROPERTY OWNER: Lauranee Goodwin, Robert William & Ellinor Goodwin Green Trust PROPERTY OWNER'S ADDRESS: 4545 Freund Rd SE, Iowa City, IA 52240 PROPERTY: 414 S Madison LEGAL DESCRIPTION: N 40' of Lot 7 Blk 3 County Seat Addition PARCEL NUMBER: 10-15-226-003 CHARGES: Mowing - $45.00 PROPERTY OWNER: Lauranee Goodwin, Robert William & Ellinor Goodwin Green Trust PROPERTY OWNER'S ADDRESS: 4545 Freund Rd SE, Iowa City, IA 52240 PROPERTY: 416 S Madison Street LEGAL DESCRIPTION: S 40' of Lot 7 Blk 3 County Seat Addition PARCEL NUMBER: 10-15 -226-002 CHARGES: Mowing - $45.00 PROPERTY OWNER: James Reemsta PROPERTY OWNER'S ADDRESS: 4728 Belle Avenue, Davenport, IA 52807 PROPERTY: 528 College Street LEGAL DESCRIPTION: S 75.5' Lot 8 Blk 41 & E 2.42' of S 75' of Lot 7 Blk 41 Original Town of Iowa City PARCEL NUMBER: 10-10-454-011 CHARGES: Mowing - $45.00 n' Rd '$OI Sections 14-1A-8a, b, City Code & Sections 364.12 (2) (b) and (c) and 364.12 (3), Code of Iowa (1997) CONTRACT PURCHASER: Mary Lea CONTRACT PURCHASER'S ADDRESS: 426 Bayard St., Iowa City, IA 52240 LEGAL TITLE HOLDER: Lewis Investments Inc. LEGAL TITLE HOLDER'S ADDRESS: 426 Bayard Street, Iowa City, IA 52240 PROPERTY: 426 Bayard Street LEGAL DESCRIPTION: Lot 7 & 8 Blk 12 Manville Addition PARCEL NUMBER: 10-09-151-008 CHARGES: Snow removal - $102,50 PROPERTY OWNER: Margaret L. Toeh PROPERTY OWNER'S ADDRESS: % Virgil Pollard, 78 Holiday Lodge Rd, North Liberty, IA, 52317 PROPERTY: 925 Washington Street LEGAL DESCRIPTION: W 55' ofE 113' of N 100' of Outlot 3, Iowa City Outlots PARCEL NUMBER: 10-10-480-002 CHARGES: Snow removal - $42.00 2 IDE WALK REPAIR[ Section 14 -1 C - 3(C) and 14 - 1A - 6, City Code & Section 364.12 (2) (d) and (e) Code of Iowa (1997) * PROPERTY OWNER: Dennis D. & Patricia A. A_mold PROPERTY OWNER'S ADDRESS: 2241 Bancroft Drive, Iowa City, IA 52240 PROPERTY: 2241 Bancroft Drive LEGAL DESCRIPTION: Lot 256 Hollywood Manor Part 5 PARCEL NUMBER: 10-23-280-005 CHARGES: Sidewalk repair - $92.00 PROPERTY OWNER: Tod R. Cahill PROPERTY OWNER'S ADDRESS: 2865 2"a Street, Coralville, IA 52241 PROPERTY: 922 Kirkwood Avenue LEGAL DESCRIPTION: S 100' of E 80' of Lots 3 & 4 Wilson & Lantz Addition PARCEL NUMBER: 10-15-190-009 CHARGES: Sidewalk repair 7' $552.00 *PROPERTY OWNER: Marcus W. Seheetz PROPERTY OWNER'S ADDRESS: 2024 Taylor Drive, Iowa City, IA 52240 PROPERTY: 2022/2024 Taylor Drive LEGAL DESCRIPTION: Lot 133 Hollywood Manor Addition Part 3 PARCEL NUMBER: 10-23-241-007 CHARGES: Sidewalk repair - $94.88 * These properties were inspected as pan of the City's 10 year sidewalk inspection program 3 ARXLIEN99.DOC March 19, 1999 EXHIBIT A WING AND CLEAN-UP OF PR~ Sections 6-1-2c, 6-1-4a, b, 6-3, City Code & Section 364.12 (3), Code of Iowa (1997) PROPERTY OWNER: Lauran e Goodwin, Robert William & / PROPERTY OWNER'S ADDRE : 4545 Freund Rd SE IA 52240 PROPERTY: 414 S Madison LEGAL DESCRIPTION: N 40' of Lot 7 lk 3 Cot PARCEL NUMBER: 10-15-226-003 CHARGES: owin - . PROPERTY OWNER: Lauranee Goodwin, PROPERTY OWNER'S ADDRESS: 4545 PROPERTY: 416 S Madison Street LEGAL DESCRIPTION: S 40' of Lot PARCEL NUMBER: CHARGES: Mowing - $45.00 PROPERTY OWNER: PROPERTY OWNER'S Rd 3 County Green Trust & Ellinor Goodwin Green Trust City, IA 52240 4728 Belle Avenue, Davenport, IA 52807 PROPERTY: 528 College Street LEGAL DESCRIPTION: PARCEL NUMB CHARGES: PROPERTY PROPERTY PROPERTY: 1130 S 75.5' Lot 8 Blk 41 & E 2.42' of S 75' of Lot 7 Blk 41 Original Town of Iowa City 10-10-454-011 -$45.00 Anita G. Wollison & Bennett S. Bartlett 5:1130 Church Street, Iowa Street 52245 LEGAL DESCRIPTION: PARCEL NUMBER: CHARGES: Weed removal - 5 Blk 7 Woods Addition t-012 50 VAL Sections 364.12 (2) CONTRACT PURCHASER: CONTRACT PURCHASER' S LEGAL TITLE HOLDER: LEGAL TITLE PROPERTY: LEGAL PARCEL CHARGES: .4-1A-8a, b, City Code & and 364.12 (3), Code of Iowa (1997) Investments ADDRESS: 426 Street Lot 7 & 8 Blk 12 Manville 10-09-151-008 removal - $102.50 St., Iowa City, IA 52240 Street, Iowa City, IA 52240 on PROPERTY OWNER: PROPERTY OWNER'! PROPERTY: 925 LEGAL DESCRIPTION: Margaret L. Toch ADDRESS: % Virgil Pollard, 78 52317 Street. 5' of E 113' of N 100' PARCEL NUMBER: 10-10-41 CHARGES: Snow removal- Lodge Rd, North Liberty, IA, 3, Iowa City Outlots IDE Section 14-1~ Section * PROPERTY OWNER: Dennie PROPERTY OWNER'S PROPERTY: 2241 LEGAL DES( PARCEL NUMBER: CHARGES: repair- $92.00 ,,~***$**$ PROPERTY LEGAL (2) (d) & Pat~cia A. 2241 Bancrof~ and 14 - 1A - 6, City Code & (e) Code of Iowa (1997) Manor Tod R. Cahill ADDRESS: 2865 2~ Street, Coralville, IA 922 Kirkwood Avenue S 100' of E 80' of Lots 3 & 4 Wilson & Lantz 10-t5-190-009 Sidewalk repair - $5 52~00 *PROPERTY OWNER: Marcus W. Scheetz Iowa City, IA 52240 41 PROPERTY OWNER'S ADDRESS: 2024 Taylor Drive, Iowa City, IA 52240 PROPERTY: 2022/2024 Taylor Drive LEGAL DESCRIPTION: L .~ 133 Hollywood Manor ~ddition Part 3 PARCEL NUMBER: 10-23-2!.1-007 / CHARGES: Sidewalk repair - ~ ~4.88 / / / PR ' : ' · , ' , PR : LEGAL DESCRIPTION: Lot 259 Holl od Manor Addition Part 5 PARCEL NUMBER: 10-23-280-008 CHARGES: Sidewalk repair - $184. · PROPERTY OWNER: Linda PROPERTY OWNER'S ADD SS: 2538 Nevada A' Iowa City, IA 52240 PROPERTY: 2538 Nevada enue LEGAL DESCRIPTION: ot 126 Lakeside Addition PARCEL NUMBER: 10- 4-354-004 CHARGES: Sidewalk r air - $92.00 · ' ' ' ' program These propera Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-87 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 914 IOWA AVENUE, IOWA CITY, IOWA WHEREAS, on July 18, 1988, the property owners of 914 Iowa Avenue, executed a Rental Rehabilitation Lien for the amount of $6,000 through the City's Rental Rehabilitation Program; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms of the loan was satisfied on January 18, 1999; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 914 Iowa Avenue, Iowa City, Iowa from the Rental Rehabilitation Lien recorded July 28, 1988 in Book 1016 Page 509 through Page 511 of the Johnson County Recorder's Office. Passed and approved this 30th day of March ,19 99 ATTEST:Ci~i~R~KK X~. Approved by City Attomey's Office It was moved by Thornberry adopted, and upon roll call there were: AYES: X X X X X X X ppdrehab/res/914iowa2.doc and seconded by NAYS: Norton the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 914 Iowa Avenue, Iowa _City, Iowa, and legally described as follows: Commencing at a point on the south line of Out Lot 4 in Iowa City, Iowa 172.55 feet east of the southwest corner of said Out Lot 4, thence west 58 feet along the south line of Out Lot 4, thence north 128.2 feet, thence easterly to a point that is 142 feet due north of the point of beginning, thence south to the point of beginning, from an obligation of the property owners, Marc B Moen and Frank J. Wagner, to the City of Iowa City in the total amount of $6,000 represented by a Rental Rehabilitation Lien recorded on July 28, 1988 in Book 1016 Page 509 through Page 511 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: 7'~~//r~. CITY CLERK Approved by City At~orney's Office STATE OF IOWA ) ) JOHNSON COUNTY ) SS: On this -~0 ' day of 7~ I, , A.D. 19 c/9 , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~- I{ ? , adopted by the City Council on the 3o ~-k day ~ ~c~ , 19 9~ 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. ppdreha b%9 14iowa .doc Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-88 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A STATEMENT OF LIFE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1614 BROADWAY STREET, IOWA CITY, IOWA WHEREAS, on September 5, 1991, the property owner of 1614 Broadway Street, executed a Rehabilitation Agreement and a Statement of Life Lien for the amount of $555.00 through the City's Housing Rehabilitation Program; and WHEREAS, only $529.17 of that amount was spent on the project; and WHEREAS, on December 6, 1996 the property owner executed a Mortgage for the amount of $5,553.00 also through the City's Housing Rehabilitation Program; and WHEREAS, these documents created a lien against the property; and WHEREAS, the loans were paid off on February 25, 1999 for a total of $6,359.78 which included a one time %5 loan fee on the Mortgage; and WHEREAS, the lien needs to be released. NOW, CITY, 1. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA IOWA THAT: :".::~ .., The Mayor is autt~orized to sign and the City Clerk to attest the i~fiached Release of Lien for recordation, whereby the City does release the.. property. located at 1614 Broadway Street, Iowa City,. Iowa from the Rehabilitation Agr~em~"~nt and Statement of Life Lien recorded September 19, 1991 in Book 1280..Page"'313 through Page 317 and a Mortgage recorded on February 28, 1997 in ,Book 2230 Page 220 through Page 224 of the Johnson County Recorder's Office. Passed and approved this 30th day of March ,19 99 Approved by City Attomey S~~""~"~Z: It was moved by Thornberry and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X X ppdrehab/res/1614broadway.doc Norton the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1614 Broadway Street, Iowa City, Iowa, and legally described as follows: Lot Eight (8) in Block Ten (10) in Sunnyside Addition to Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record, if any. from an obligation of the property owner, Nona A. Nordyke, to the City of Iowa City in the total amount of 96359.78 represented by a Rehabilitation Agreement and a Statement of Life Lien recorded on September 19, 1991 in Book 1280 Page 313 through Page 317 and a Mortgage recorded on February 28, 1997 in Book 2230 Page 220 through Page 224 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. CITY CLERK Approved by ~ity Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,~r~-- day of 'Tr'L~.,-cL , A.D. 19 9L? , before me, the under- signed, 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 Council, as contained in Resolution No. c/r/_ ~ ,~ , adopted by the City Council on the 3~Lday ~-F V//'?~-~_I~ ,19 o/L) 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. IDpdrehab/1614broadway.doc Notary Public in and for Johnson County, Iowa 03-30-99 ' 4f(7) Prepared by: Rob Winstead, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 99-89 RESOLUTION ACCEPTING THE WORK FOR THE COURT STREET EXTENDED, PHASE I IMPROVEMENTS WHEREAS, the Engineering Division has recommended that the work for construction of the Court Street Extended, Phase I Improvements, as included in a contract between the City of Iowa City and Streb Construction Co., Inc. of Iowa City, Iowa, dated June 4, 1998, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 30th ATTEST:C~ ~ ~ day of March , 1999. Approved by City Atl~orney's Office - .e It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pwengVes',crlexld.doc ENGINEER'S REPORT March 30, 1999 Honorable Mayor and City Council Iowa City, Iowa Re: Court Street Extended, Phase 1 Improvements Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Court Street Extended, Phase 1 Improvements has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The final contract price is $571,567.09. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Kim Johnson, Dept. of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 99-90 RESOLUTION RESCINDING RESOLUTION NO. 98-350 WHEREAS, the City Council adopted Resolution No. 98-350 on November 3, 1998, approving an agreement between the City of Iowa City and Mercy Iowa City to use a portion of the Johnson Street right-of-way for the installation, operation and maintenance of a fiber optic cable, and WHEREAS, Mercy Iowa City has decided to not install the fiber optic cable in the Johnson Street right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 98-350 approving an agreement between the City of Iowa City and Mercy Iowa City to use a portion of the Johnson Street right-of-way, is hereby rescinded. Passed and approved this 30th ATTEST:C~ ~. ~.,~J day of March ,19 99 City Attorney's Office It was moved by Tho~-nberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pwengVesVescind.doc 03-30-99 i Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 99-91 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AFFORDABLE HOUSING PROGRAM AGREEMENT BETWEEN THE IOWA CITY HOUSING AUTHORITY, THE- FEDERAL HOME LOAN BANK OF DES MOINES, AND THE UNIVERSITY OF IOWA COMMUNITY CREDIT UNION. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Federal Home Loan Bank of Des Moines has created an Affordable Housing Program; and WHEREAS, this program allows families at or below fifty percent (50%) of median income to receive a subsidy of $10,000 towards the purchase of a home; and WHEREAS, the University of Iowa Credit Union would be authorized to provide the Iowa City Housing Authority up to $60,000 in subsidies for six different eligible families as a member of the Federal Home Loan Bank under the above-referenced agreement; and WHEREAS, the City of Iowa City deems it in the public interest to support affordable housing programs which help enable low income households to purchase a home. ~. · NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Affordable Housing Program Agreement between the Iowa City Housing Authority, the Federal Home Loan Bank, and the University of Iowa Credit Union, a copy of which is on file in the office of the City Clerk, is hereby approvedo 2. The Mayor is hereby authorized to sign and the City Clerk to attest said agreement. The Housing Authority Administrator is authorized to execute all necessary documents required by the Federal Home Loan Bank of Des Moines for the administration of these funds. Passed and approved this 30th day of r4arch ,1999. A~ro~(~ ~-~-'II City At~'o~ney's Office Resolution No. 99-91 Page 2 It was moved by Khbb,y' and seconded by adopted, and upon roll call there were: Charnp,~on the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 99-92 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2709 WAYNE AVENUE TO THE 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 2709 Wayne Avenue, legally described as the East 60' Lots I & 2, Block 4, Subdivision of Part 1, Towncrest Addition; and WHEREAS, the tenant at 2709 Wayne Avenue has offered to purchase this home for the principal sum of $92,000.00, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on March 2, 1999 the City Council adopted Resolution No. 99-76 declaring its intent to convey its interest in 2709 Wayne 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: Upon the direction of the City Attomey, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 2709 Wayne Avenue, legally described as the East 60' Lots I & 2, Block 4, Subdivision of Part 1, Towncrest Addition, to the Tenant· 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 30th ATTEST:C~LER',~KK/r/- day of March ,1999. City Atto~ney's Office Resolution No. 99-92 Page 2 It was moved by Kubb~y and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: X X X x 'X' x Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 03-30-99 · Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 99-93 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2409 ASTER AVENUE TO THE 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 2409 Aster Avenue, legally described as Lot 2, Whispering Meadows Subdivision, Part 1; and WHEREAS, the tenant at 2409 Aster Avenue has offered to purchase this home for the principal sum of $89,000.00, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on March 2, 1999 the City Council adopted Resolution No. 99-77 declaring its intent to convey its interest in 2409 Aster 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: 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 2409 Aster Avenue, legally described as Lot 2, Whispering Meadows Subdivision, Part 1, to the Tenant. e 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 30th day of March ,1999. ~'fdR ' A City Attorney's Office Resolution No. 99-93 Page. 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberr~v the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef O3-30-99 Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 99-94 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2308 LAKESIDE DRIVE TO THE 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 2308 Lakeside Drive, legally described as Lot 155, Lakeside Addition; and WHEREAS, the tenant at 2308 Lakeside Drive has offered to purchase this home for the principal sum of $86,500.00, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on March 2, 1999 the City Council adopted Resolution No. 99-78 declaring its intent to convey its interest in 2308 Lakeside Drive, 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: 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 2308 Lakeside Drive, legally described as Lot 155, Lakeside Addition, to the Tenant· 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 30th ATTEST:Ci/i/i~C,~.~ERK/I/- day of March ,1999. City Attorney's Office Resolution No. 99-94 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Chuck Schmadeke, Dir. of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141 RESOLUTION NO. 99-95 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER DAM RENOVATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 12th day of May, 1999. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 18th day of May, 1999, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Passed and approved this 30th day of March ,1999. ATTEST:Ci~~L~RK) 7~. ~('7',~u..2 City Attorney's Office Resolution No, 99-95 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Terry Trueblood, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. 99-96 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF THE KIWANIS PARK DEVELOPMENT AND TY'N CAE STORMWATER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 20th day of April, 1999. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 20t" day of April 1999 or at such later time and place as may be fixed. Passed and approved this 30th day of ATTEST:Ci, i~L~R~K ,~. March ,1999. MAYdR ' Approved by ity orney's ~ce Resolution No. 99-96 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: X X X X ¥ X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be 03-30-99 Prepared by: James Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 319/356-5044 RESOLUTION NO. 99-97 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE IOWA CITY CIVIC CENTER ADDITIONS AND RENOVATIONS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVER- TISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa· The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 27t" day of April ,1999. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7'.00 p.m. on the 4th day of May, 1999, or at such later time and place as may be fixed. Passed and approved this 30th day of March ATTEST: CI~CLERK ~' Approved by City Attorn'~"'~'~y's~Ofic/'''/''~''~' Pweng/res/dvidr3.doc Resolution No. 99-97 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: 0 ' Don ne 11 the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by': Chuck Schmadeke, Dir. of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141 RESOLUTION NO. 99-98 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY STREET AND WATER FACILITY IMPROVEMENTS PROJECT - DIVISION 1: FOSTER ROAD IMPROVEMENTS AND DIVISION 2: WATER FACILITY SITE DEVELOPMENT- PHASE II IMPROVEMENTS~ ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF' THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 5th day of May, 1999. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 18th day of May, 1999, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Passed and approved this 30th ATTEST~31~ ,~. pweng~res~divl &2.doc City Attorney's Office Resolution No. Page 2 qq-qR It was moved by Thornberry and seconded by adopted, and upon roll callthere were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 03-30-99 I 16 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 99-99 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE RIVER STREET/WOOLF AVENUE RECONSTRUCTION PROJECT. WHEREAS, Tschiggfrie ~Excavating Co. of Dubuque, Iowa, has submitted the lowest responsible bid of $2,888,645.20 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to Tschiggfrie Excavating Co,, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements· The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 30th day of March ,1999. ATTEST:Ci~jERK~~ 2~. 'A/"~-,,) ,I'AYOR A r~~o:e b' CiP~A'~?ney,s Offi~j~'~ ~-~'~IP It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X x X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM TO: FROM: RE: March 24, 1999 Steve Atkins, City Manager Rick Fosse, City Engineer RIVER STREET/WOOLF AVENUE RECONSTRUCTION & RIVERSIDE DRIVE/ARTS CAMPUS STORM SEWER PROJECT Bids for this project were opened on March 23, 1999. Three bids were received. The low bidder was Tschiggfrie Excavating Co. of Dubuque, Iowa with a bid of $2,888,645.20. The engineer's estimate was 2,306,000. The bid was 25% over the engineer's estimate. The Other two bids were within 4% of the low bid. The closeness in the bids indicates that this is a fair market value for this work. We have been seeing many projects this year with bids well above the estimates. We have talked to many contractors recently to determine the reason for this large increase. Two reasons are repeatedly mentioned: One is the recent federal transportation ~mding has significantly increased the amount of construction work now and in the near future. Until an increase in contractors and material suppliers occurs we can expect prices to stay high. The second reason is the lack of and expense of skilled labor. The unemployment rate is very low, especially in this part of the country. This low supply drives labor prices up as industry competes for a limited number of people. We do not believe reletting this project will result in lower bids. The low bidder has done work in Iowa City before and has a good reputation. This project is large enough to require the entire construction season and a delay would require doing all or part of the project next year. This project includes the second phase of a storm sewer project aimed at reducing flooding on North Riverside Drive. This project is being cost-shared with the University of Iowa. The University's share for this project is $705,800. CC: Chuck Schmadeke Don Yucuis ADVERTISEMENT FOR BIDS RIVER STREET/WOOLF AVENUE RECONSTRUCTION & RIVERSIDE DRIVE/ARTS CAMPUS STORM SEWER PROJECT CITY OF IOWA CITY \ UNIVERSITY OF IOWA Sealed proposals will be received by the City Clerk of the ~i~ of Iowa City, Iowa, until 10:30 A.M. on the 23 day of March, 1999, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 23~d day of March, 1999, or at such later time and plabe as may then be scheduled. The Project will involve the following: 13,000 Sq. Yds. Pavement removal and replacement 4,265 L.F. of watermain work 4,500 L.F. of sanitary sewer work 3,698 L.F. of storm sewer 350 L.F. of cast-in-place reinforced concrete box culvert two pumping stations, pump installation and associated electrical work All work is to be done in strict compliance with the plans and specifications prepared by NNW, Inc., of Iowa City, Iowa, which have heretofore 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 and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a pedod of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and AF-1 shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: Stage I & Ih 92 Stage IIh 52 Specified Late Start Date: April 12, 1999 Liquidated Damages: Stages I & Ih $600/day Stage II1: $300/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 the Project Engineer, NNW, Inc., 316 E. College St., Iowa City, Iowa, by bona fide bidders. A $30 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 NNW. Inc. Plans and specifications will be available Monday, March 1, 1999. Prospective bidders are advised that the City of Iowa City desires to employ minodty contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit pdces and extended dollar amounts. If no minodty business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE°s. A listing of minodty contractors can be obtained from the Iowa Depadment of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK AF-2 Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 99-100 RESOLUTION AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE 1999 CURB RAMP AND SIDEWALK PROJECT. WHEREAS, Borwig Building Service of Waterloo, Iowa, has submitted the lowest responsible bid of 9189,355.45 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Contract for the construction of the above-named Project is hereby awarded to Borwig Building Service of Waterloo, Iowa, subject to the condition that awardee secures adequate performance and payment bonds, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the Contract for the construction of the above-named Project, subject to the condition that awardee secured adequate performance and payment bonds, insurance certificates, and contract compliance program statements. Passed and approved this 30th ATTEST:CiT~~ERK') day of March , 1999. Approved by City Atto~ney's Office It was moved by Kubby and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ADVERTISEMENT FOR BIDS 1999 CURB RAMP AND SIDEWALK PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 9th day of March, 1999, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on March 23, 1999, or at such later time and place as may then be scheduled. The Project will involve the following: Construction of 11,298 SF of 4" and 6" Port- land Cement Concrete sidewalks, 11,899 SF · of curb ramps, 2,505 LF of remove and re- place curb (or grind curb drop), and other associated work. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineering Division of Iowa City, Iowa, which have heretofore been ap- proved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal. shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails tO enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejec- tion is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and repoded to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap roved by the City Council, and shall guarantee AF-1 the prompt payment of all materials. and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of five (5) years from and after its completion and formal acceptance by the City. The following limitations shall apply to. this Project: Early Start Date: April 1, 1999 Late Completion Date: November 15, 1999 Liquidated Damages: $25 per incomplete ramp and/or 100 SF of incomplete sidewalk The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. A $10 non-refundable fee is required for each set of plans and specifications provided to bidders or Other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contrac- tors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documenta- tion of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Iowa Department of Economic Development at 515/242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Recipro- cal Preference Act, applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK AF-2 Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 99-101 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TAP-ON FEE AGREEMENT FOR SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, IOWA. WHEREAS, on July 29th 1997, Developer and City entered into a "Development Agreement for the Scott-Six Tax Increment Financing District" (hereinafter "Development Agreement"), paragraph 7 of which indicated that as a portion of the City's public contribution to the industrial park, the City would assume the obligation of payment for all sanitary sewer and water main tap-on fees for those lots zoned I-1 within the development area; and WHEREAS, said "Development Agreement" is recorded in the Office of the Johnson County Recorder at Book 2371, Page 178, and is a covenant running with the land and is binding upon all successors in interest and assigns to said property; and WHEREAS, subsequent to the execution of said "Development Agreement", the above parties entered into a "Subdividers Agreement" outlining the terms for the subdivision and development of the subject property, Section 12 of which agreement stated that all sewer and water main tap-on fees in said Subdivision would be paid for by the City as a portion of the City's contribution to the subdivision infrastructure costs; and WHEREAS, said "Subdividers Agreement" is recorded in the Office of the Johnson County Recorder at Book 2391, Page 199, and is a covenant running with the land and is binding ,upon all successors in interest and assigns to said property; and WHEREAS, both agreements concern the same subject property, Scott-Six Industrial Park, Iowa City, Iowa, but due to the existence of both commercial and industrial zoning within the limits of the subject property, said agreements are unclear as to the tap-on fees to be paid by the Developer and those to be absorbed and paid by the City; and WHEREAS, the parties to this agreement wish to clarify the conflicting. terms of the above agreements and memorialize their understanding and intent regarding the payment of tap-on fees within "Scott-Six Industrial Park, Iowa City, Iowa" in a written, recordable instrument to clarify each party's respective obligations and to avoid any clouds to title created by the conflicting terms; and WHEREAS, the City Council deems it in the public interest to enter into such an agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the attached Scott- Six Industrial Park Tap-On Fee Agreement between Streb Investment Partnership, UC., and the City, upon direction by the City Attorney. Resolution No. 99-101 Page 2 The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached Scott- Six Industrial Park Tap-On Fee Agreement at City expense. It was moved by Norton and seconded by adopted, and upon roll call there were: 0'Donnell .the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 30th day of Narch , 1999. ~A p "'C'AY~ s so,2 // ATTEST: C~ ~' Robeft N. Downer 122 South Linn Street, Iowa City, IA 52240 SCOTT-SIX INDUSTRIAL PARK TAP-ON FEE AGREEMENT THIS AGREEMENT is made by and between STREB INVESTMENT PARTNERSHIP, L.C., an Iowa Limited Liability Company, as successors in interest to A. F. Streb (also known as Alvin F. Streb) and Mary Joan Streb (also known as Mary Jo Streb), husband and wife (collectively the "Developer") and the CITY OF IOWA CITY, IOWA, a Municipal Corporation (the "City"). WHEREAS, the Developer has subdivided the property known and designated as "Scott-Six Industrial Park, Iowa City, Iowa" (the "Property"); and WHEREAS, on July 29, 1997, Developer and City entered into a "Development Agreement for the Scott-Six Tax Increment Financing District" (the "Development Agreement"), paragraph 7 of which provides, in summary, that as a portion of the City's public contribution to the Industrial Park, the City would assume the obligation of payment for all sanitary sewer and water main tap-on fees for those lots zoned I-1 within the Property; and WHEREAS, the Development Agreement is recorded in the office of the Johnson County Recorder at Book 2371, page 178, and is a covenant running with the land and is binding upon all successors in interest and assigns as to the Property; and WHEREAS, subsequent to the execution of the Development Agreement, the parties entered into a "Subdivider's Agreement" outlining the terms for the subdivision and development of the Property (the "Subdivider's Agreement"), Section 12 of which provided, in summary, that all sewer and water main tap-on fees in the Property would be paid for by the City as a portion of the City's contribution to the subdivision infrastructure costs; and WHEREAS, the Subdivider's Agreement is recorded in the office of the Johnson County Recorder at Book 2391, page 199, and is a covenant running with the land and is binding upon all successors in interest and assigns to the Property; and WHEREAS, both agreements concern the Property but, due to the existence of both commercial and industrial zoning within the Property, said agreements are unclear as to the tap-on fees to be paid by the Developer and those to be absorbed and paid by the City; and WHEREAS, the parties wish to clarify the conflicting terms of the above agreements and memorialize their understanding and intent regarding the payment of tap-on fees within the Property in a written, recordable instrument to clarify each party's respective obligations and to avoid any clouds on the title to the Property created by such conflicting terms. NOW THEREFORE, in consideration of these premises and of the mutual promises and covenants set forth below, the parties hereto agree as follows: 1. The parties hereby agree and acknowledge that the terms contained in this Agreement shall supersede the Development Agreement and the Subdivider's Agreement with regard to tap-on fees within the Property, and that the following terms and conditions shall govern and control all matters relating to tap-on fees: (a) As the City's public Contribution to the infrastructure costs associated with development of the Property, the City shall pay all sanitary sewer and water main tap-on fees for the lots zoned I-1 within the Property as well as the sanitary sewer and water main tap-on fees for Outlots A and B within the Property, it being acknowledged that Outlots A and B are currently zoned commercial and contain 15.08 acres. (b) The Developer, for itself and its successors in interest and assigns, shall pay to the City, prior to the issuance of the building permit for each of the twenty-four (24) commercially zoned lots within the Property, the sum of Two Thousand Seven Hundred Fifty Eight Dollars and eight cents ($2,758.08). Upon payment of said fee, the City may issue a building permit for each of such commercially zoned lots provided all other applicable requirements have been met. Further, after payment of said fee for each lot, the City shall issue, in recordable form, a release of said fee due and payable under this Agreement as to said lot only, and the City Manager or designee is hereby authorized to execute said release upon concurrence by the Director of Housing and Inspection Services and the City Attorney. 2. This Agreement shall supersede and be controlling over all prior agreements only as to the payment of tap-on fees for the Property. All other requirements and terms of the Development Agreement and Subdivider's Agreement shall remain in full force and effect. 3. The provisions of this Agreement shall inure to the benefit of and bind the parties hereto as well as their successors in interest and assigns, and shall be construed 2 as a covenant running with the land and with title to the various commercially zoned lots located within the Property. 4. A.F. Streb and Mary Joan Streb, individually, join in the execution of this agreement for the purpose of indicating their assent to the modification of the provisions of the Development Agreement and the Subdivider's Agreement, to which agreements they were parties. Nothing herein contained should be construed as claiming any ownership interest in the Property by A. F. Streb and Mary Joan Streb other than their interest in Streb Investment Partnership. L.C. 5. Developer agrees to execute the Amended Easement Agreements for the Scott Boulevard Trunk Sewer Project, specifically the easements on Parcels 11 and 12, contemporaneously with the execution of this Agreement. DATED this 3o ' day of March, 1999. STREB INVESTMENT PARTNERSHIP By: ~~~ A. F. Streb, Manager A o F.~Afd~ "Developer" 3 CITY OF IOWA CITY, IOWA rnest W. Lehman, Mayor Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~5~"'day of March, 1999, before me, a Notary Public in and for said County, personally appeared A. F. Streb and Mary Joan S~reb, to me personally known, who being by me duly sworn did say that the persons are Managers of said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its Managers and the said A. F. Streb and Mary Joan Streb acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability corn any by it vo7 ~ntarily executed. Nc ~ry Public in and for the State of Iowa STATE OF IOWA S~: appear~ A. E S~b, and M~ Jo~ S~b, ~ me ~own to ~ ~e pe~o~ named and who ex~u~ ~e foregong ~ent, and ac~owl~g~ ~at ~ey ex~u~d · e same as ~e~ vol~ act and d~. No~ Public ~ and for ~e S~ of Iowa ~4 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of March, 1999, before me, the undersigned, a Notary Public in and for the State of Iowa, 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 the corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Ernest W. Lehman and Marian K. Karr as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 03-30-99 19 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-102 RESOLUTION AUTHORIZING EXECUTION OF BETWEEN THE CITY OF CORALVILLE AND THE PROVIDING FOR SANITARY SEWER CHARGES HIGHWAY 6 WEST. A 28E AGREEMENT CITY OF IOWA CITY FOR 1210 AND 1220 WHEREAS, the properties at 1210 and 1220 Highway 6 West (hereinafter "subject properties") are located within the corporate boundaries of Iowa City and are billed by Iowa City for sanitary sewer service; and WHEREAS, the subject properties have been connected to Coralville's wastewater treatment system since the late 1960s. Coralville has treated the waste, but Iowa City owns a portion of the waste collection system for the subject properties; and WHEREAS, it is in the best interest of the citizens of Iowa City to enter into an agreement concerning the allocation of sanitary sewer charges for the subject properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute the Chapter 28E Agreement with Coralville, Iowa, attached hereto and incorporated by reference herein, and said agreement is hereby approved as to form and content, and is found to be in the best interest of the citizens of Iowa City, Iowa. The City Clerk is hereby authorized to forward the executed resolution and agreement for recording to the Offices of the Johnson County Recorder and for filing to the Iowa Secretary of State with recording and filing costs to be shared by both cities. Passed and approved this 30 th ATTEST:C~ ,~- day of March ,19 99 ~;AYOR ' ' City Attorney's Office eleanorVes\l 210hw,/6.doc Resolution No. 99-102 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornbetray the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Eleanor Dilkes, City Attorney; 410 E. Washington Street; Iowa City, IA 52240; (319) 356-5030 28E Agreement between the City of Coralville and the City of Iowa City Providing for Sanitary Sewer Charges for 1210 and 1220 Highway 6 West This Agreement is entered into pursuant to Chapter 28E, Code of Iowa (1997), by the City of Coralville, Iowa, hereinafter referred to as "Coralville", and the City of Iowa City, Iowa, hereina~er referred to as "Iowa City". WHEREAS, the propedies at 1210 and 1220 Highway 6 West (hereina~er "subject propedies") are located within the corporate boundaries of Iowa City and are billed by Iowa City for sanitary sewer service pursuant to applicable City ordinances; and WHEREAS, the subject propedies have been connected to Coralville's wastewater treatment system since the late 1960's. Coralville has historically treated the waste, but Iowa City owns a portion of the waste collection system for the subject properties. WHEREAS, it is in the best interests of the citizens of Coralville and Iowa City to enter into an agreement concerning the allocation of sanitary sewer charges for the subject properties. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Iowa City agrees to pay Coralville 100% of the sanitary sewer fees collected from the subject properties from July of 198t through the date on which this agreement is executed by both parties. Attached hereto as Exhibit "A" is an itemization of the fees for sanitary sewer service collected by Iowa City from the subject properties since July of 1981. = The parties agree that future fees for sanitary sewer service to the subject properties will be charged and collected by Coralville at the rate charged to Coralville residents. 2 Coralville shall be wholly responsible for such charges and collection and shall bear any risk of loss due to inability to collect for such service. In exchange for Iowa City's agreement not to require that it receive a portion of the future sanitary sewer fees attributable to its portion of the system collecting waste from those propedies, Coralville agrees to assume sole responsibility for the repair, maintenance, and replacement of said collection system. Coralville agrees to indemnify andhold Iowa City harmless from all claims, damages, and/or liability, including reasonable attorney's fees, arising out of Coralville's maintenance, repair. replacement, or failure to maintain, repair or replace said collection system. Nothing herein shall be construed as creating any benefits to third parties or as an admission of liability by the padies hereto. Fudhermore, nothing in this agreement shall be construed as a waiver of any of the immunities or defenses under state or federal laws available to the parties he[eto. This Agreement shall remain effective unless and until the Agreement is cancelled or modified by joint written agreement of the padies. This Agreement shall be recorded in the Johnson County Recorder's Office and the Iowa Secretary of State's Office, as provided by Chapter 28E, Code of Iowa (1997). Executed with approval and on behalf of the City of Coralville and the City of Iowa City on this -~o day of --rnr,,,-ck ,199cj. CITY OF CORALVILLE, IOWA ay: am~e~Fausett, ATTEST: Arlys ~'m, City Clerk CITY OF IOWA CITY, IOWA Mayor ATTEST: M~ar~--~.,.-~.~ n K. Karr. Gity Glerk CIty Attomey's Office PROPERTY OWNERS AND TENANTS: CITY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~q ~ day of ~'Y~,~/.~L,/ ,1999, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared James Fausett and Arlys ~innam, 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said James Fausett and Arlys Hannam acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Nota~'n and for the State of Iowa CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 3o*~ day of '7'T1~¢c1~ ,1999, 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Madan K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. marym\land-acq\mlsc\wlg-pen Notary Public in and for the State of Iowa SEWER HISTORY FOR 1220 HIGHWAY 6 WEST Account Name . Account # Time Out i 064 660 03 23-Jul-81 Restaurant ~ 30-Sep-81 (1.625 min 200 d; + .356/100) ?-Jan-a2(3mth); 3-Mar-82 5-May-82. 7-Jul-82, 1 -Sep-82~ 3-Nov-82: 5-Jan-83 2-Mar-83 4-May-83: 6-Jul-83! 7-Sep-83 2-Nov-83; 4-Jan-84 7-Mar-84 2-May-84. 4-Jul-84 5-Sep-84 7-Nov-84 i 21-Nov-84 *Write off May 1986 [ Subtotal James Burr 064 660 04 16-Jan-85 20-Mar-85. 15-May-85 17-Jul-85' 18-Sep-85 13-Nov-85 15-Jan-86 : 19-Mar-86' 14*May-86 (3.00 rain 200 cf + .66/1 oo) 16-Jul-86 17-Sep-86 12-Nov-86 21 -Jan-87 18*Mar-87 13-May-87 (4.75 rain 200 cr + 1.04110o) 15-Ju1-87 16-Sep-87: 18-Nov-87 13-Jan-88 **This bill adjusted off on December 27, 1987 ! Subtotal Nancy Riley 064 660 05; 20-Jan-88 , 16-Mar-88; ~ 18-May-88 (5.75 rain 200 cf + 1.26/1 oo) ~ '. 21 -Sep-88. ; · 16-NOV-88 ~ 18-Jan-89 15-Mar-89' ~ 17-May-89 20-Sep-89: i 15-Nov-89 i 17-,Jan-90, 14~Mar-90 ; 16-May-gO : 18-Jul-90~ (5.75 rain 200 c,f. + 1.4o1100) 12~Sep-90~ ~Subtotal Wig & Pen Pub : 064 660 06 24-Sep-90: 14-Nov-90 16-Jan-91 '**Sewer fees adjusted on account 30-Jan-91 i 13-Mar-91 ,. 15.May-91 17-Jul-91; (6.30 rain 200 c.l'. + 1.541100) 18-Sep-91 13-Nov-91 15-Jan-92 11 -Mar-92 4% site sales Tax Commerdel Sewer 13~May-92 5% site sales Tax Commercial Sewer 15-JUl-92 16-Sep-92 11 -Nov-92 20-Jan-93' 17-Mar-93. 19-May-93 14-Jul-93~ : Subtotal Bill Date Usage 11,020 10,680 -70 6,000 8,600 9,300 9,700 9,900 7,700 7,100 8,800 8,800 11,200 9,900 7.900 7,400· 5,800. 12,000 * 8,100 * 8,100 * 164,010 1.600 6,500 7,800 ~ 13,100 7,200 ! 6,000: 6,900: 9.100; 10,700 16,400. 8,100 9.300 10,600 14,600 11,200 5.400 ** 183,400 100 100 400 500 800 2.600 6,700 5.100 7,100 5,600 8,100: 9,400. 7.600. 4,600 5,400: 5,600 100 69,800. 8,200 ! 6.400 6,300 12,800. 9,600· 6.800 I 0,600 10,700 11,600 8,800, 7,200 12,600 6,800 28,200 12.200 7,800 6,400 184,100 Sewer I.C. 29.75: 28.83 4.63", 23.13 32.36. 34.85 ~ 36.27 E 36.98: 29.17'! 27.04; 33.07 33.07: 41.59 36.98; 29.88 28.10; 22.42 i 27.04, 44.43' 30.59i 30.59. -105.61 ! $535,16 7.51 24.91 29.52 42.66 48.34 i 27.39; 23.13! 26.33 34.14 39.82 ~; 111.60 56.62 64.74 77.94 ! 109.62 ~ 73.32~ 157.18i 121.82 61.50 -61.50' $1,076.79. 1.04 9.50 9.50 10.54 16.54 39.22: 90.88 70.72 95.92~ 77.02 O.OOi 0.00 0.00 f 0.00: 0.00' 0.00! $420.88: 0.00. 0.00, 0.00 310.30 185.10 140.30! 169,68 ! 171.22, 185.08': 141.96 117.32 200.48 111.16; 177.38 440.72; 194.32 126.56i 103.39! $2,876.07. Tax I.C. $0.00 $0.00 $0.00 4.69 10.02 5.56 8.87 22.04 9.72 6.33 5.17 $72.39 EXHIBIT "A" findata\treas%~orence\crvl.xls Page 1 2/18/9911:53 AM GFP, Inc. 064 660 07 (8.50 rain 200 c.f. + 2.08/100) (9.78 rnin 200 c.I. + 2.39/100) (10.75 rain 200 c.f. + 2.63/100) ! Subtotal Account 064-660 TOTAL 15-Sep-93 3,900 10-Nov-93 6,100 19-Jan-94 11,100 16-Mar-94 7,400 18-May-94 8,600 20-Jul-94 8.800 21-Sep-94. 13,200 9-Nov-94 8.200 18-Jan-95 7,800 15-Mar-95; 7,800 17-May-95; 8,800 21-Jun-95' 5,100 19-Jul-95; 4,700: 23-Auo- 5 5.600 20-Sep-95; 6,500 18-Oct-95' 4,100 15-Nov-95 5,200 20-Dec-95~ 4,700 24-Jan-96 5,100 21-Feb-96 5,100 20-Mar-96 5,200 17-Apr-96 2,800 22-May-96 5,900 19-Jun-96 5,700 24-Jul-96~ 8,100 21-Aug-96 5,900. 18-Sep-96: 6,900, 23-Oct-96: 9,000 20-Nov-96; 25-Dec-96 6,600. 22-Jan-97 5,500 19-Feb-97= 6,300 19-MaF97; 6,850; 16-Apr-97~ 6,900: 21-May-97~ 8,700 18-Jun-97; 9,200 16-Jul-97~ 8,900 20-Aug-97! 11,600 17-Sep-97~ 12,000 22-Oct-97 11,000 19-Nov-97 7,400 24-Dec-97! 10,900: 21-Jan-98: 5,700 18-Feb-98! 5,700 18-Mar-981 5,600 15-Apr-98 4,700. 20-May-98; 6,500 17-Jun-98 6,300 15-Jul-98~ 6,400 19-Aug-98. 8,700 16-Sep-98, 7,700 21-Oct-98i 9,200· 18-Nov-98. 7,000 : 378,650. 979,960' 68.11 100,38 177,38 120.40 138.88 141.96 209.72 132.72 126.56 170.92 191.72 110.42 102.10 120,82 139.54 89.62: 112.50; 102.10; 110.42; 110.42; 129.28· 71.92' 146.01~ 141.23. 198.59; 146.01' 169.91~ 220.10 148.40~ 162.74! 136.45; 155.57; 185.66i 186.97 234,31! 247,46' 239,57~ 310,58' 321.10 294,80 200.12 292.17 155.41: 155.41 165.42; 139,32: 191.52! 185,72 i88,62; 255.32~ 226.32 269.82: 206,02 $9,o54.54: $13,963,44; 3.41 5.02 8,87 6.02 6.94 7,10 10.49 6.64 6.33 8.55 9.59 5.52 5.11 6.04 6.98 4.48 5.63 5.11 5.52 5,52 6.46 3.60 7.30 7.06 9.93 7.30 8.50 11,01 7.42 8.14 6.82 7.78 9.28 9.35 11.72 12.37 11.98 15.53 16.06 14.74 10.01 14.61 7.77 7.77 8.27 6.97 9.58 9.29 9.43 12,77 11.32 23.93 18.56 $471.43 $543.82 ~ndata\treas%~orence\crvl.xls Page 2 2/18/9911:53 AM SEWER HISTORY FOR 1210 HIGHWAY 6 WEST Account Name Account if BIll Date Usage Siesta Motel 064 665 00 (1.625 mi~ 200 cf; + .355/loo) SIesta Motel (new user) Subtotal ~064 665 01 (3.00 rain 200 d !' .66/100) (4.75 rain 200 cf + 1.04/100} (5.75 rain 200 cf + 1.2.6/100) : Subtotal Harold Brown 064 665 01 Construction Subtotal 23-Jul-81: 17-Sep-81. 3-Mar-82 5-May-82: 7-Jul-82 1 -Sep-82: 3-Nov-82' 5-Jan-83:. 2-Mar-83: 4-May-83i 6-Jul-83: 7-Sep-83I 2-Nov-83 4-Jan-8~. i~ 7-Mar-64~ 2-May-64 ! 4-Jul-84: 5-Sep-84, 7-Nov-84 16-Jan-85 ~ 20-Mar-85 15-May-85: 12-Jun-85 17-Jul-85i 18-Sep-85: 13-Nov-85 15-Jan-86; 19-Mar-86: 14-May-86i 16-Jul-86 ~ 17-Sep-86 ! 12-Nov-86~ 21 -Jan-87. 18-Mar-87! 13-May-87: 15-Jul-87!, 16-Sep-87; 18-Nov-87 ', 20-Jan-88' 16-Mar-88 ! 18-May-88 i 20-Jul-88 i 21 -Sep-88 ', 16-Nov-88:= 11 -Jan-89' .20-Sep-89: 15-Nov-89, 13-Dec-89 17-Jan-90 14-Mar-90; 21 -Mar-90 ! 28,830 22,620 31,430 14,800 18,200 17,500 16,100: 9,800: 5,500· 13,700: 18,100. 19,500. 22,300 18,900. 18,600. 13,700. 13,200: 18,200. 21,400· 16,600 12,800i 15,900. 18,100 10,500 416,280: 17,800i 35,800! 21,500' 25,500: 23,200~ 18,300 19,700: 21,500; 21,800! 13,400 7,800 8,700 12,950 24,100 21,500 21,700 17,300 21,000 25,300 23,500: 16,500 16,720 435,570 O~ 0. O. 0 O. 0 0 Sewer I.C. 77.84 61.07 114.32: 54.37' 66.44i 63.96 58.99 36.62: 21.36 50.47: 66.09 71.06: 81.00: 68.93. 67.86' 50.47! 48.69 66.44: 77.80~ 60.76~ 47.27; 58.28 66.09i 38.19 $1,474.37! 65.02; 128.92; 78.16 92.36; 84.19. 66,8o 71.77~ 145.26; 147.24: 91.80' 54.64! 60.78: 88.83; 255.98 228.94~ 231.02; 185.26i 223.741 268.46' 302.56: 214.36~ 217.13~ $3,303.42: 0.00! o.ooi 0.00: 0.00 0.00~ 0.00 $0.00; Tax I.C. $0.00 $0.00 $0.00 ~ndata~treas~orence~crvl.xls Page 3 2/18/9911:53 AM ., Tom Riley 064 665 02 Law Firm (5.75 min 200 c.I. + 1.40/10o) (6.30 rain 200 c.f. + 1.541100) 4% Slam Sales Tax Commercial Sewer 5% Slate Sales Tax Commerdal Sewer (8.50 rain 200 c.f. + 2.08/100) (9.78 rain 200 c.f. + 2.39/100) (10.76 min 200 c.f. + 2.63/100) ;Subtotal Account 064-665 TOTAL 16-May-90: 600 18-Jul-90; 600 19-Sep-90 1,600 14-Nov-90 1,300 16-Jan-91 ~ 500 13-Mar-91 700 15-May-91 700 17-Jul-91 700 18-Sep-91 600 13-Nov-91 700 15-Jan-92 1,400 11 -Mar-92 1,300 3-MBy-92i ,600 15-Jul-92i 1,500 16-Sep-92. 1,600 11 -Nov-92; 1,200 20-,Jan-93 1,400 17-Mar-93i 1,200' 19-May-93: 1,500· 21 -Jul-93~ 2,600 15-Sep-93~ 1,700 10-Nov-93' 1,300 19-Jan-94 1,400 16-MBr-94 ,1oo: 18-May-94: 1,200 20-Jul-94 1,000 21-Sep-94: 1,400: 9-NOv-94 900· 18-Jan-95i 800 15-Mar-95 1,000 17-May-95 1,400 21-Jun-95 400 19-Jul-95' 500 23-Aug-95'. 600 20-Sep-95; 1,600 18-Oct-95 500 15-Nov-95: 500: 20-Dec-95 500. 24-Jan-96: 600 21-F.b-96; 700; 20-Mar-96; 1,000, 17-Apr-96E 1,000; 22-May-96!' 600; 19-Jun-96: 700 24-Jul-96: 400 21 -Aug-96i 400 18-Sep-96; 400 23-Oct-96; 500 20-Nov-96 400 25-Dec-96: 400: 22-Jan-97~ 400 19-Feb-97 400 ~ · 19-Mar-97 400 16-Apr-97! 400 21-May-97' 600. 18-Jun-97 ! 500' 16-Jul-97 700, 20-Aug-97 ! 500' 17-Sep-97. 400 22-Oct-97i 500 19-Nov-97: 400: 24-Dec-97, 400: . 21 -Jan-98; 300! 18-Feb-98i 500' 18-Mar-98' 400 ! 15-Apr-98: 400 20-May-98i 500 17-Jun-98! 400! 15-Jul-98; 400; 19-Aug-981; 500 16-Sep-98Z 400 21-Oct-98' 600 18-Nov-98 !, 400 , 58,600 910,450 14.02 14.02 28.30: 24.10 12.90: 15.70 15.70 15.70 15.68 17.22: 28.00 26.46 31.08! 1.24 29.54 i 1.48 31.08: 1.55 24.92I. 1.25 28.00: 1.40 24.92: 1.25 29.54: 1.46 46.48; 2.32 32,62= 1,63 26.46 1.32 28.00: 1.40 23.38 1.17 24.92~ 1.25 21.54 [ 1.09 28.00 1.40 20.30 1.02 18.76 0.94 29.48 1.47 37.80 1.89 12.66 0.63 14.74 0.74 16.82 0.54 37.62' 1.88 14.74 i 0.74 14.74 ~ 0.74 14.74 ~ 0.74 !6.82~ o.84 18.90i 0,95 28.90, 1.45 28.90 ! 1.45 19.34 ~i 0,97 21.73~ 1.09 14.56~ 0.73 14.56 ! 0,73 ~ 4.56;, o,73 16.95~ 0.85 14.56! 0.73 14,56' 0.73 14.56! 0,73 14.56, 0.73 16,02i 0,80 16.02i 0.80 21.28~ 1.06 i8.65} 0.93 23.9i' 1.20 18.65 0.93 16,02 0.80 18.65 0.93 16.02 0.80 16.02 0,80 13.39 0.67 18.65 0.93 14.62 0.73 14.62: 0.73 17.52i; 0.88 14.6.,2! 0.73 14.62 ! 0.73 17,521 0.88 14.62 ~ 0.73 20.42t 2.01 14.62. 1.44 $1,500.90! $65.04 $6,2:78.69'i .... COMBINED SEWER HISTORY FOR 1210 AND 1220 HIGHWAY 6 WEST ; ~ ~ = Usage : Sewer I.C. Tax I.C. COMBINED TOTAL 064-660 AND 064-665 ~ 1,890,410' $20,242.13 $608.86 findata~treas%florence%crvl.xls Page 4 2/18/9911:53 AM City of Iowa City MEMORANDUM Date: To: From: Re: March 24, 1999 City Council ~ Eleanor M. Dilkes, City Attorney 28E Agreement Re: Sanitary Sewer Charges to 1210 and 1220 Highway 6 West (Riley Law Office and Wig and Pen) On your March 30 agenda is a resolution authorizing execution of a 28E Agreement between the Cities of Coralville and Iowa City concerning sanitary sewer charges to 1210 and 1220 Highway 6 West (Riley Law Office and Wig and Pen). These two properties are located in Iowa City, but since the late 1960s, by informal agreement of the two cities, have been connected to Coralville's wastewater treatment system. Coralville has treated the waste but Iowa City owns a portion of the waste collection system. There has never been any agreement on allocation of the charges between Iowa City and Coralville. The minutes of a March 1966 Coralville City Council meeting show a motion allowing connection to Coralville's wastewater treatment system upon receipt of a request by the Iowa City City Engineer. This motion provided that rates would be those charged to Coralville residents. The letter from the City Engineer was forthcoming but stated that Iowa City would collect rates ir~ accordance with those charged Iowa City residents and give Coralville credit for its contribution. Iowa City has charged and collected rates but the issue of the correct allocation to Coralville has been, as I understand it, discussed and debated for a number of years without resolution. In the Fall of 1998, City staff made a proposal to resolve this matter subject to Council approval. That proposal was accepted by Coralville and is embodied in the 28E Agreement, which Coralville has signed. Chuck Schmadeke estimates that an appropriate allocation of the fees collected for sewer service to treatment (Coralville) and collection (Iowa City) would be approximately 80/20. However, Iowa City has records going back only to July of 1981. Therefore, to compensate for the 15 or so years when records are unavailable, the agreement provides that 100% of the sanitary sewer fees collected from these properties since July of 1981 will be paid to Coralville. This amount is $20,906.95 through the February 17, 1999 billing. With respect to future services Coralville will charge the properties for sewer service directly at the rates charged to Coralville residents. Rather than Iowa City receiving a portion of the charges attributable to its portion of the collection system Coralville agrees to assume the responsibility for repair, maintenance and replacement of Iowa City's portion of the collection system and to indemnify Iowa City for damages claimed in connection with such repair, maintenance, replacement or lack of the same. Finally, the 28E Agreement provides that Coralville shall be wholly responsible for such charges and collection and shall bear any risk any of loss due to the inability to collect for such service. Please call me if you have any questions. CC: Steve Atkins Dale Helling Marian Karr Chuck Schmadeke Don Yucuis Diana Furman eleanor%mem\ed3-23-2.doc CHESTER J. CULVER SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 APRIL 6, 1999 MARIAN K. KARR, CMC/AAE CITY CLERK CITY OF IOWA CITY 410 E WASHINGTON ST IOWA CITY, IOWA 52240-1826 RE: Filing of 28E Agreement between the CITY OF CORALVILLE and the CITY OF IOWA CITY Dear MS. KARR, CMC/AAE CITY CLERK: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of APRIL 6, 1999. Sincerely, Chester J. Culver Secretary of State CJC/PM Enclosures Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-103 RESOLUTION TO ADOPT AMENDED STANDARD OPERATING PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS REVIEW BOARD. WHEREAS, Ordinance 97-3792 establishing the Police Citizens Review Board requires final approval of procedures and guidelines for the Iowa City Police Citizens Review Board; and WHEREAS, on January 12, 1999 the City Council adopted such standard operating procedures and guidelines; and WHEREAS, the Police Citizens Review Board objected to said procedures with regard to identification of officers and the procedure for summary dismissal; and WHEREAS, subsequent to the adoption of the standard operating procedures and guidelines attorneys for the PCRB and the City Council discussed the outstanding issues and at a joint meeting of the City Council and the PCRB on February 11, 1999 tentative agreement was reached concerning the outstanding issues, and amendments to the standard operating procedures were given informal approval by a majority of Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Police Citizens Review Board standard operating procedures and guidelines dated March 5, 1999 are hereby adopted, as attached. Passed and approved this 30th day of March ,19 99 · A'I'FEST:Ci~~ ~- City Attorney's Office It was moved by Kubby adopted, and upon roll call there were: and seconded by AYES: X X X X NAYS: X X X Champion the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CITY OF IOWA CITY IOWA POLICE CITIZENS REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES [ Proposed Revisions 3~5~99] The PCRB was established to assure that investigations into claims of police misconduct are conducted in a manner which is fair, thorough and accurate and to assist the Police Chief, the City Manager and the City Council in evaluating the overall performance of the Police Department as a whole by having it review the Police Deportment's investigation into complaints. To achieve these purposes, the PCRB shall comply with Chapter 8 of the Iowa City Code, the Board's By-Laws, and the Police Citizens Review Board's Standard Operating Procedures and Guidelines. PCRBSOP4~9 TABLE OF CONTENTS Page I. Complaint Process .....................................................................................1-2 II. Formal Mediation Guidelines and Procedures ...........................................2 III. Meetings ...................................................................................................3-4 IV. Complaint Review Process .......................................................................5-6 V. Identification of Officers ................................................................................6 VI. Review of Policies, Procedures and Practices of the Iowa City Police Department ........................................................................................6 Annual Report ...........................................................................................6 General .............~ ........................................................................................7-8 Appendix A. The City Code of Iowa City, Chapter 8, Police Citizens Review Board B. Iowa City Police Citizens Review Board By-Laws C. City of Iowa City Police Citizens Review Board Guidelines and Procedures for Formal Mediation D. Section 21 of The Code of Iowa Official Meetings Open to Public (Open Meetings) E. Section 22 of The Code of Iowa, Examination of Public Records (Open Records) F. Police Citizens Review Board Complaint Form VI. VII. VIII. PCRB SOP-4/99 Complaint Process In an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, the PCRB shall review investigations into complaints of police misconduct to insure that such investigations are conducted in a manner which is fair, thorough and accurate· The PCRB shall achieve this by receiving, reviewing and reporting on citizen complaints in accordance with the procedural rules in Chapter 8 of the City Code, following the Police Citizens Review Board By-Laws, Article VIII, and the Board's Standard Operating Procedures and Guidelines. Complaints shall be filed in accordance with 8-8-3 C and 8-8-7 A of the City Code of Iowa City. All documents and related materials filed with the Board shall not be returned· Complaints filed in the City Clerk's Office shall be assigned a complaint number consisting of the last two digits of the present year with consecutive numbers, starting with one (1) (e.g. 98-1). The complaint copy sent to Board members shall have all references to police officer names and other identifying information deleted, although the reports of the Police Chief and City Manager shall identify the officers by number as set forth in Section V of these procedures. Procedure for complaints subject to summary dismissal A complaint that appears to be untimely filed or a complaint that does not involve the conduct of an Iowa City sworn police officer shall be assigned a number in the ordinary manner as provided in the City Code. A copy of the complaint shall be furnished to the Police Chief or City Manager, with a cover letter indicating that it appears to be an untimely complaint or a complaint that does not involve the conduct of an Iowa City sworn police officer and will be reviewed by the Board at its next regular or special meeting. A copy of the complaint shall be provided to Board members in the next meeting packet; The Board shall determine whether additional information is necessary to assess whether the complaint should be summarily dismissed and, if additional information is necessary, the method by which such information will be obtained. The methods available include an interview of the complainant by a subcommittee of the Board, a request to the. complainant for a written submission on the issue presented and an investigation by the Board, but shall not include an invitation to the complainant to address the PCRB at a public meeting or an interview of the complainant at a public meeting. PCRB SOP-2/99 - 1 Upon the Board's determination that additional information is not necessary to determine whether the complaint should be summarily dismissed or, upon completion of the investigation determined necessary to make such decision, the Board shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8-8-3 (E) of the ordinance. The Board shall not discuss the facts or substance of the complaint at said open meeting. If the Board dismisses the complaint the staff shall forward a copy of the decision to the Police Chief or the City manager and also to the complainant. ae The copy going to the Chief or City Manager shall state that the complaint has been dismissed and that a report to the Board by the Chief or City Manager is not required by Chapter 8 of the Code. The Board may request that an investigation be done. The copy of the decision sent to the complainant shall include a cover letter advising that although the complaint has been dismissed and will not be reviewed by the PCRB, there is a method for the complainant to file a complaint directly with the Iowa City Police Department that is still available should the complainant wish to pursue the matter. If the Board determines the complaint shall not be dismissed, it shall so advise the Police Chief or City Manager so they may continue their investigation and make their required report to the PCRB. C. Amendments to a complaint must be in written form. The complainant may withdraw the complaint at any time prior to the Board's issuance of its report to City Council.. II. Formal Mediation Guidelines and Procedures Formal mediation is the responsibility of the PCRB and is offered as a method to facilitate a successful resolution of the issues involved in a complaint. The PCRB shall accomplish this responsibility by complying with 8-8-2 H. 8-8-4 and 8-8-7 of the City Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the City Council on March 10, 1998 and made a part hereof. PCRB SOP-2/99 - 2 III. Meetings Regular meetings shall be held monthly. Special meetings may be called by the Chair as needed. The Board shall comply with Article V of the PCRB By-Laws and the PCRB Standard Operating Procedures and Guidelines. A. Meeting packets shall be distributed to Board members at least two (2) days prior to a meeting when possible. . B. Place of Posting Notices and Agendas. 1. Follow requirements of Section 21.4, The Code of Iowa. 2. The City of Iowa City provides the Notice Bulletin Board in the lobby of the Civic Center; notice of a meeting will also be distributed in media boxes located in the Civic Center. Consent Calendar shall include: 1. Minutes of the last meeting(s); 2. Correspondence and/or memoranda directed to the PCRB (not complaint-related). Staff shall be given directions based on Board discussion as to whether staff shall respond or whether Board members shall respond, with copies furnished to the Board. Time for open public discussion shall be made available at all open meetings as provided by the PCRB By-Laws, Article V, Section 6. Time for "Board Information" and "Staff Information" shall be made available at all meetings. Decisions made in executive session shall be ratified in open session. Taped minutes of open meetings shall be kept thirty (30) days from acceptance and approval of minutes. Taped minutes of executive meetings shall be kept for one year from the date of the meeting. To the extent practicable, legal counsel for the PCRB shall attend all meetings of the Board. Electronic Participation Follow the requirements of Section 21.8, The Code of Iowa for "electronic meetings.". "Electronic meetings" as defined in this section presumes electronic participation is necessary for a quorum. PCRB SOP-2~9-3 Lg Electronic participation in meetings. A member may participate by electronic means when the member's presence is not necessary for a quorum, and said member shall have all rights as if participating in person.. Quorum and Voting Requirements Quorum. See By-Laws V.2. Voting. See By-Laws V. 10. Voting to close a session. See Section 21.5, The Code of Iowa. Iowa Open Records Law The Board must follow all the requirements of Chapter 22, The Code of Iowa, Examination of Public Records (Open Records). This means every person has the right to examine and copy the public records of the PCRB pursuant to that Chapter. The lawful custodian of the PCRB public records is the City Clerk of Iowa City. If the City Clerk requires legal counsel concerning whether a document is public or confidential, she shall notify both the City Attorney's Office and counsel to the PCRB of the request. All records of the Board shall be public except as specifically provided for in Chapter 22, The Code and in the PCRB By-Laws· Con~dentiality of ~:omplaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint. See By-Laws VII.1 (a). Con~dentiality of the minutes and tape recordings or closed sessions. See By-Laws VII.1 (b). 6. Con~dentiality of mediation matters. See By-Laws VII.1 (d). Con~dentiality of information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. See By-Laws VII.1 (c). Iowa Open Meetings Law. The Board must follow all the requirements of Chapter 21, The Code of Iowa, Official Meetings Open to Public (Open Meetings). Conflicts of Interest and Ex Parte Contacts 1. Conflicts of Interest. See By-Laws V.9. 2. Ex Parte Contacts. See By-Laws, V.8. PCRB SOP-2/99 - 4 IV. Complaint Review Process The Board shall review all Police Chief's reports and City Manager's reports concerning complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the PCRB Standard Operating Procedures and Guidelines. Review of Police ChieFs report or City Manager's report. Follow 8-8-7 B of the City Code. .. Select a level. of review as outlined in 8-8-7 B. I (a)-(f) of the City Code. The Board shall notify the Complainant and the Police Chief, or the City Manager if the complaint is against the Chief, of the selected level of review. The Chief shall notify the officer of the selected level of review. Request for an extension of time to file PCRB public report. Refer to 8-8-7 B.6 of the City Code. The PCRB shall not issue a public report critical of a police officer until after a name-clearing hearing has been held or waived by the police officer. Refer to Section 8-8-7 B.4 of the City Code. E. Name-clearing hearing procedure If the Board determines that the comments or findings contained in its proposed report will be critical of the conduct of a sworn police officer, it must offer the officer a name-clearing hearing prior to the issuance of the Board's report to Council. The Board shall select a proposed date for the name-clearing hearing. Written notice of the date, time and place of the name-clearing hearing shall be given to the officer no less than ten working days prior to the date set for headng. The notice to the officer should be transmitted via the Chief of Police. The notice to the officer shall provide a written response form for the officer to demand or waive the name-clearing hearing. Said written response form shall also allow the police officer to state whether he or she requests an open or closed session· If the officer provides a written waiver of the name-clearing hearing prior to the date set for hearing, the hearing shall not be held. If the officer does not respond to the notice pdor to the time of the hearing, the hearing shall be convened. If the officer does not appear, the hearing shall be terminated. If the officer demands a hearing or appears at the hearing, the Board will first determine whether the hearing shall be open or closed. If the officer requests a closed session, the Board shall close the session pursuant to motion specifically identifying Section 21.5(1)(i) and 21.5(1 )(a) of the Iowa Code as the basis for closure. If the officer does not request a closed session the session shall be open except where closure is appropriate pursuant to Section 21.5(1 )(a). PCRB SOP-2/99 - 5 At the hearing the Board shall advise the officer of the Board's proposed criticism(s) and evidence supporting the same. The officer shall be given the opportunity to be heard and to present additional evidence, including the testimony of witnesses. If, subsequent to a name-clearing hearing or waiver of a name-clearing hearing by the officer, the Board changes its level of review, it shall issue a new written notice pursuant to subparagraph B. hereof. If, following said change, the proposed report is critical of the sworn officer's conduct, the Board shall offer another name-clearing hearing to the officer pursuant to the name-clearing hearing procedures herein. 9. The complainant shall not receive a notice. of, or have the right to participate in, a name- clearing hearing. F. Report Writing - Follow 8-8-7 of the City Code The Chair shall appoint a committee to prepare draft reports. The committee may request assistance from staff as needed. When possible, a draft report shall be included in the agenda packet prior to the meeting at which it is discussed. Draft reports shall be discussed in executive session and ~nalized by the full Board. 4. Draft reports shall be confidential. Final Public Reports shall be reviewed by legal counsel to the PCRB before being submitted to the City Council. G. Final PCRB Public Reports shall be distributed according to 8-8-7 B.3 of the City Code. The copy sent to the City 'Council shall be accompanied by the minutes of the meeting which approved it and be sent to the City Clerk for inclusion in the next Council agenda packet. H. Once the Public Report is sent to designated parties, the complaint file is closed and is taken to the City Clerk's Office for retention. V. Identification of Officers The reports of the Police Cl'iief and the City Manager to the Board will identify the officers with unique identifiers, i.e. same number for same officer from one complaint to the next, but not by name. In its public reports, however, the Board shall not use the same number for the same officer from one report to the next, in order to guard against inadvertent identification of the officer to the public by the Board. The Board reserves the right, however, to identify the officer in a sustained complaint pursuant to Section 8-8-7(B) of the City Code and may obtain the officer's name from the City Clerk for this purpose. An allegation of misconduct or previous allegation of misconduct against an officer is not and shall not be used by the Board as evidence of misconduct. PCRB SOP-2/99 - 6 vI. VII. VIII. Review of Policies, Procedures and Practices of the Iowa City Police Department As stated in the City Code, 8-8-7 C(3), and Article 11 of the PCRB By-Laws, and using the PCRB Standard Operating Procedures and Guidelines, the Board shall, from time to time, report to the City Council on policies, procedures and practices of the Iowa City Police Department, including recommended changes, if appropriate. A. Policy-review discussions shall be held at regular meetings, when possible. Be When citizens have a concern about police procedures or practices, but there is no allegation of individual officer misconduct, there may be an issue of policy. Any citizen or Board member may raise an issue at a PCRB meeting. B, The Board encourages signed written correspondence from citizens but will accept anonymous correspondence concerning policies, procedures, and practices of the Iowa City Police Department. Annual Report The PCRB shall maintain a central registry of all formal complaints against sworn police officers and shall provide an annual report to the City Council which will give the City Council sufficient information to assess the overall performance of the Iowa City Police Department. 8-8-2 M and 8-8-7 C.2 of the City Code, Article VIII.5 of the PCRB By- Laws, and the PCRB Standard Operating Procedures and Guidelines The annual report shall include information required by Chapter 8 of the City Code. The PCRB's annual report may also include recommendations to amend the Ordinance. General The lawful custodian of the PCRB records and the central depository for all information is the City Clerk's Office of the City of Iowa City. B. The Chair is the official spokesperson for the PCRB. When legal counsel and/or staff are contacted on PCRB business, they shall report that information to the Chair and to each other. Contacts between a Board member and the Police Chief and/or City Manager shall be in the form of written communication when possible. Requests for information from the Board to the Police Chief or City Manager shall be in writing. The PCRB administrative assistant shall provide to the Board a monthly "PCRB Office Contacts Report," stating the number of telephone calls and in-office contacts which come directly to the PCRB office, the general substance of such contacts, and their disposition. PCRB SOP-2/99 - 7 Voice Mail telephone messages to the PCRB office from citizens shall not be retained nor will messages be transcribed unless there are extenuating circumstances on a case-by-case basis determined by legal counsel for the PCRB and the City Attorney's Office. H. The Board shall utilize its own letterhead stationery. eleanor~pcr'ogde2.doc PCRB SOP-2/99 - 8 City of Iowa City MEMORANDUM Date: March 24, 1999 To: City Council From: Eleanor M. Dilkes, City Attorney Re: PCRB -Amendments to Standard Operating Procedures and Ordinance Standard Operating Procedures The proposed revisions to the Standard Operating Procedures dated March 5, 1999 are acceptable to me and, I understand from the PCRB's legal counsel, are acceptable to the PCRB. The changes made are those discussed at your joint meeting with the PCRB on February 11, 1999 and those to which a majority of counsel gave their tentative approval. The changes are redlined, and for the most part, are self-explanatory. I will summarize the changes briefly here. The summary dismissal procedure has been changed to clarify that the Board has a number of methods at its disposal to obtain additional information on the issue of summary dismissal but such methods shall not include an invitation to the complainant to address the PCRB at a public meeting or an interview of the complainant at a public meeting. A new section has been added regarding identification of officers which provides that the Police ChieFs report to the Board will identify the officers with unique identifiers but the Board's public report will not use the unique identifiers. The proposed revisions include a statement that an allegation of misconduct or previous allegation of misconduct against an officer is not and shall not be used by the Board as evidence of misconduct. By ordinance the Board may identify the officer in a sustained complaint and the SOPs acknowledge this ordinance provision. Based on my conversations with the Board's attorney it is my understanding that the Board would exercise this right in limited circumstances and is receptive to codifying a balancing test to determine when identification of an officer would be appropriate. I believe we need to get these revised SOPs in place and then we can work on that issue, which would involve an ordinance change and additional discussion by the PCRB and Council. Ordinance Changes The ordinance changes simply put in place the new timelines discussed by the PCRB and the City Council. In addition, I have added a provision concerning the computation of time which should help eliminate some of the more obvious time issues. This provision mirrors that applicable in Iowa Court proceedings. Cover Sheet to Complaint The PCRB prepared an initial draft of the informational cover sheet for the Police Department and PCRB complaints, i.e. the "Dee Norton suggestion". I have made some suggestions for additions and revisions to that cover sheet and forwarded those to the PCRB's attorney this week. CC: Catherine Pugh, Counsel for PCRB Marian Karr, City Clerk Steve Atkins, City Manager R.J. Winkelhake, Police Chief Sarah Holecek, First Assistant City Attorney eleanor~mem\pcrbamen.doc t03-30-99 22 Prepared by: Machele Wiebal, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 RESOLUTION NO. 99-104 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY ATTORNEY'S OFFICE WHEREAS, Resolution No. 98-95, adopted by the City Council on March 10, 1998, authorized permanent positions in the City Attorney's Office for FY99; and WHEREAS, Resolution No. 99-70, adopted by the City Council on March 2, 1999, authorized permanent positions in the City Attorney's Office for FY00; and WHEREAS, the Administrative/Confidential Classification Review Committee has reviewed the changes in the position of Administrative Clerk/Typist - City Attorney's Office and determined that this position performs duties equivalent to those of positions in a higher grade; and WHEREAS, the Administrative/Confidential Classification Review Committee has recommended that the budgeted positions in the City Attorney's Office be amended by reclassifying the position of Administrative Clerk/Typist - City Attorney's Office, grade 23 to Administrative Secretary, grade 24. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the City Attorney's Office by amended by: 1. Deleting the position of Administrative Clerk Typist, grade 23. 2. Adding the position of Administrative Secretary, grade 24. Passed and approved this 30th humanrelVes~adminpay. doc day of March ,19 99 · '/--t,~ - ~'- - ',.--.J City Attorney's Office Resolution No. 99-104 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef