HomeMy WebLinkAbout1999-05-18 Resolution05-18-99
3e(1)
Prepared by: Ron Logsden, Transit Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5154
RESOLUTION NO. 99-151
RESOLUTION SETTING A PUBLIC HEARING ON PROPOSED ROUTE
CHANGES FOR IOWA CITY TRANSIT.
WHEREAS, the City of Iowa City proposes to make changes in their route structure; and
WHEREAS, City Code requires that notice and public hearing on the proposed service changes
be provided to the public, prior to enactment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
A public hearing is hereby set for 7:00 p.m. on June 15, 1999, to be held in the Civic
Center Council Chambers, or if said meeting is cancelled, at the next meeting of the City
Council thereafter as posted by the City Clerk, to permit public input on the proposed rate
change and reduction in hours of service for Iowa City Transit.
The City Clerk is hereby directed to publish notice of said hearing as required by
Resolution No. 94-47, City Code entitled "Resolution Authorizing the City of Iowa City to
Establish a Policy Regarding Public Hearings for Transit Fare and Service Changes for
Iowa City Transit" as provided by federal and local law.
Passed and approved this ].Sth day of Ma.y ,1999.
ATTEST: ~.--,,.~ ,~. ~
CITY CLERK
Approved by
City Attorney's Office
It was moved by No~'ton and seconded by
adopted, and upon roll call there were:
Tho~'nbe~'~'.y the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
transitVes\routech.doc
,
Prepared by: Terry Trueblood, Director, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 99-152
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WILLOW CREEK
TRAIL PHASE II IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION
DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION·
BE IT RESOLVED BY THE CITY 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 15'h day of June, 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 project in a newspaper published at least once weekly and having a general
circulation in the City, not less than four (4) nor more than twenty (20) days before said
hearing.
That a 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
ATTEST: CIT~L~%~K ~' ~
and approved this 18th day of Ivl~ , ~~
Approved by
City Attorney's Office
It was moved by No~'ton and seconded by Thornbe~'~'~v
upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O' Donnell
× Thornberry
X Vanderhoef
parksrecVes~kickers.doc
the Resolution be adopted, and
05-18-99 I
3f(1)
Prepared by: Marjan Karr, City Clerk, 410 E. Washington St., Iowa City, I~ (319)356-5040
RESOLUTION NO. 99-153
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT
OF WAY BETWEEN THE CITY OF IOWA CITY, AND IOWA CITY COFFEE CO.
D/B/A THE JAVA HOUSE FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, Iowa City Coffee Co. d/b/a The Java House applied for temporary use of the
public right-of-way at 211-1/2 E. Washington Street for a sidewalk cafe thereon; and
WHEREAS, the City staff has reviewed the application, location, and specifications for the
proposed sidewalk cafe and found these to be in compliance with the regulations adopted by
Ordinance 97-3764; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of the
public right-of-way, as enumerated in the License Agreement for Temporary Use of Public
Right-of-Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said license agreement, and direct copies of this resolution together with the
application and signed license agreement to the applicant.
The City Clerk is hereby directed to record this Resolution and license agreement with
the Johnson County Recorder at City expense.
Passed and approved this :~8th
ATTEST: C~ ~'
day of Nay , 1999·
~,."~. Z~'--~
City Attorney's Office
clerk\res\javahs .doc
Resolution No. 99-153
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
Thornberry the Resolution be
ABSENT: ,-
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHTrOF-WAY
BETWEEN THE CITY OF IOWA CITY AND The Java House
FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT 211 1/2 E.
IOWA CITY, IOWA
This Agreement is made between Landowner
Tenant Iowa City Coffee Co.
Washington Street
Hawke.ye-Bay States, L.L.C. and
and the City of Iowa City, Iowa, a
municipal corporation.
WHEREAS, the City of Iowa City ("City") is the owner, custodian and trustee of the public
right of way within the City of Iowa City; and
WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk
cafe; and
WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found
same to be in substantial compliance with City regulations; and
WHEREAS, said application has also been examined by the staff design review committee,
which recommended approval of the proposed sidewalk cafe, as submitted and/or as
amended; and
WHEREAS, such temporary use of the public right-of-way is not adverse to the public use
thereof; and
WHEREAS, so long as said proposed use is consistent with the conditions set forth in this
Agreement, said use is in the public interest.
2
NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree
as follows:
1. Landowner Hawkeye-Ray States, L.L.C. owns certain real
estate abutting the public right-of-way located in Iowa City, Iowa, at the following
street address:
Paul Helen
211 1/2 E. Washington Street
;and Landowner
has given Applicant/Tenant permission to operate a sidewalk cafe as herein provided.
Applicant/Tenant Iowa City Coffee Co. (hereafter
"Applicant") occupies said real estate abutting the public right-of-way located at said
street address, and wishes to use a portion of said right-of-way for location and
operation of a sidewalk cafe, as permitted by City regulations.
The city staff design review committee has reviewed Applicant's proposed use of a
portion of the right-of-way as set out in the Application and Schematic Diagram,
attached hereto as Exhibit A and incorporated by reference herein, and find
Applicant's proposed use to be compatible with the public's use thereof and that said
use will not adversely affect the City's interests.
Based on this review, the City now finds Applicant's proposed use of public right-of-
way to be in the public interest, and that it is appropriate to permit Applicant's tempo-
rary use of the public right-of-way as a sidewalk cafe in accordance with this Agree-
3
ment, including Exhibit A, and also in conformance with all applicable local regulations
concerning sidewalk cafes.
!
City and Applicant agree this Agreement shall be binding upon the successors and
assigns of the Parties hereto, provided that no assignment shall be made without the
written consent of both Parties to be attached hereto as a formal written Addendum.
Applicant acknowledges and agrees that this agreement is limited exclusively to the
location, use and purp.oses listed herein for a.sidewalk cafe, that any other uses,
locations and purposes are not contemplated herein, and that any expansion of said
uses, purposes or locations must be specifically agreed to in writin~by th~ City of
Iowa City. ;>:j:': "~ .....
Applicant fu~her acknowledges and agrees that no prope~y right is c~rre. y this
agreement for the use of potions of the public right-of-way, that the City is not
empowered to grant permanent or perpetual use of its right-of-way for private purpos-
es, that the City may order said locations and/or uses within the right-of-way to cease
and desist if, for any reason, the City determines that said right-of-way is needed for
a public use and should be cleared of any and all obstructions, as provided by
§364.12, Code of Iowa (1997), and that the Applicant shall not be entitled to any
compensation should the City elect to do so.
In the event that the Applicant consists of both a tenant and a landlord, this paragraph
applies only to the tenant. The tenant agrees to indemnify, defend and hold harmless
the City, its officers, agents and employees from and against any and all claims, losses,
liabilities or damages, of whatever nature, including payment of reasonable attorney
fees, which may arise from the tenant's use of the public right-of-way arising from this
agreement, or which may be caused in whole or in part by any act or omission of the
tenant including its agents or employees. The tenant further agrees to provide the City
with a certificate of insurance coverage of the sidewalk caf~ required by the City's
!
schedule of Class II insurance coverage. .-
10.
Applicant further agrees to abide by all applicable federal, state, and local laws, and
to maintain said sidewalk cafe in accordance with the approved Schem, atic Diagram
contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the
conditions herein, especially regarding storage location of outdoor furnishings and
'equipment when the sidewalk cafe is not operating.
'-
In the event of a breach of this agreement, the City may, at its sole di~F~ior~,"elect~
to give written notice to Applicant to remove all equipment, furniture~-z~nd/oFc,~ther
objects from the City's right-of-way, as provided in §364.12, Code of Iowa (1997 ).
In the event Applicant does not comply within the time period designated in the
written notice, the City may elect to remove, or direct removal of, any obstructions
from the right-of-way and charge the cost of such removal to Applicant for collection
in the manner of a property tax, as permitted by state and local law.
11.
In consideration for the City's concerns for public safety on the public right-of-way,
Applicant specifically acknowledges said safety concerns and agrees to refrain from
any and all special sales on alcoholic beverages in the sidewalk cafe area (e.g. no "2
for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper
education of Applicant's employees to comply with this provision.
12.
Applicant further agrees that there will be no increase in vehicular traffic on the City
Plaza or abutting right-of-way as a result of set-up or removal of the sidewalk cafe
furnishings or equipment and as noted in Exhibit A.
13.
Dated this
5
Should any section of this agreement be found invalid, it is agreed that the remaining
portions shall continue in full force and effect as though severable from the invalid
portion.
18th day of May , 19 99.
CITY OF IOWA CITY, IOWA
APPLICANT/TENANT
By
Attest: 2~A,,, '~-~-) ~. 9~-~
Marian K. Karr, City Clerk
By
By
APPLICANT/LANDOWNER
By
City Attorney's Office
By
6
APPLICANTFFENANT'S ACKNOWLEDGEMENT (Individual)
STATE OF IOWA )
} SS:
JOHNSON COUNTY )
On this day of , 19_, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ,
to me personally known, and acknowledged the execution of the foregoing instrument to be
his/her voluntary act and deed and by him/her voluntarily executed.
Notary Public in and for the State of lowa
APPLICANTFFENANT'S ACKNOWLEDGEMENT (Corporate)
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ j_c ~4 day of eS~tacte~o , A.D. 19 95 , before me, the undersigned, a
Notary Public in and for th f Iowa, personally appeared /~,-cc C'r-~ ~qE L
and _--- ~ -- , to me personally known, who, being by me duly s~orn,
did say that they are the ~s';L(,,~ --ahd , respectively, of
said corporation executing the within and foregoing instrument to which this is attached, that
(no seal has been procured by the said) corporation; that said instrument was signed (and
sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority
of its Board of Directors; and that the said ,' F~ r~ C~,-~n k~x-~- ~nd
as such officers acknowledged the execution of said instrument ~rc; be the voluntary act and
deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
7
APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (individual)
STATE OF IOWA )
-- ) ss: '-
JOHNSON COUNTY ) "-
On this 5~/L day of 7~_.a9 ' , 19_~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared g'o Iq h ._~-~ 2~ S ll(. i ,
tO me personally known, and acknowledged the execution of the foregoing instrument to be
his/l~sr voluntary act and deed and by him/l~t voluntarily executed.
Notary Public in and for the State of Iowa
APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Corporate)
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 19 , before me. the undersigned, a
Notary Public in and for the Sta~e of Iowa, personally appeared
and - , to me personally known, who, {aeing by me dul~, sworn,
did say that they are the and , respectively, of
said corporation executing the within and foregoing instrument to which this is attached, that
(no seal has been procured by the said) corporation; that said instrument was signed (and
sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority
of its Board of Directors; and that the. said and
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 the State of Iowa
8
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY ) ,-
Onthis / ~ ~-A dayof NoT~tary~ ,19~_2, beforeme, ~nctrr~_ Por-L:
, a ublic in and for the State of Iowa, personally appeared
Ernest W. Lehman, Mayor and Marian K. Karr, to me personally known, and, who, being by
me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corpora'te seal of the
corporation, and that the instrument was sigE~ed and sealed on behalf of the corporation, by
authority of its City Council, as contained in Resolution No. ~?-/~;3 passed by the City
Council on the /~ ~--~ day of heexm'2~e , 19__~__, and that Ernest W. Lehman
and Marian K. Karr acknowledged t tion of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
clerk~license.swk
Notary Public in and for the State of Iowa
My commission expires:
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City of Iowa City
MEMORANDUM
Date:
TO:
From:
Re:
May 13, 1999
Design Review Committee/City Clerk
Jim Schoenfelder, DRC Staff Chair
Sidewalk Caf~ at 211-1/2 E. Washington Street (The Java House)
Iowa City Coffee Co. has submitted a renewal application for a sidewalk
caf~ at 211-1/2 E. Washington Street (The Java House). The sidewalk caf~
ordinance requires that sidewalk caf~s be subject to the design review
process of the Design Review Ordinance. I have reviewed the design of the
sidewalk caf~ and have determined that the design of the caf~ is
substantially the same as the design approved last year.
The Committee has indicated that if the design of a caf~ is substantially the
same as a previously approved design, the Committee does not need to
review a renewal application. Therefore, the Committee will not be
reviewing this application.
Two years ago, caf~s started to use flower boxes as a means to delineate
the location of the sidewalk caf~s for those individuals who are visually
impaired. The Java House will be using cedar wood planters once again this
year. This Vear's application indicates the planters will contain plants. As
the Committee requested last year, the applicant is encouraged to plant
flowers in the planters in order to add color to the streetscape.
CC:
Tara Cronbaugh
City Clerk
05-18-99 J
3f(2)
Prepared by: Eleanor M. Dilkes, City Attorney 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 99-154
RESOLUTION OF INTENT TO APPROVE A PURCHASE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND LORA M. ALBERHASKY FOR
CONDOMINIUM UNIT 1A IN THE TO-BE-CONSTRUCTED IOWA AVENUE
MULTI-USE PARKING FACILITY AND TO DISPOSE OF UNIT 1A IN
ACCORDANCE THEREWITH, AND SETTING A PUBLIC HEARING FOR
JUNE 2, 1999.
WHEREAS, the Iowa Avenue Multi-Use Parking Facility Project to be built on the north half of
Block 61 in Iowa City, Iowa requires the acquisition of Lora M. Alberhasky's property at 14 S. Linn
Street, locally known as "The Cottage" and displaces Ms. Alberhasky from her business at that
location; and
WHEREAS, the City and Ms. Alberhasky are negotiating an agreement whereby the City will
purchase Ms. Alberhasky's property at 14 S. Linn Street and sell her Unit 1A in the to-be-
constructed Iowa Avenue Multi-Use Parking Facility, which is the first floor space to the south of
the clock tower; and
WHEREAS, it is anticipated that the terms of said agreement will be finalized in time for proper
notice of a public hearing thereon for June 2, 1999.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council does hereby declare its intent to approve a purchase agreement between the
City of Iowa City and Lora M. Alberhasky for Unit 1A in the to-be-constructed Iowa Avenue
Multi-Use Parking Facility and to dispose of property in accordance with that agreement.
A public hearing on said proposed agreement should be and is hereby set for June 2, 1999 at
8:00 a.m. in the Council Chambers of the Civic Center, 410 E. Washington Street, Iowa City,
Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to
be published as provided by law.
Passed and approved this 18th day of May ,1999.
ATTEST:CiTy~~
/'1, .-~ ~/
City Attorney's Office
eleanor/res/alberhas.doc
Resolution No. 99-154
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
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
RESOLUTION NO. 99-155.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR
THE PROPERTY LOCATED AT 60 REGAL LANE, IOWA CITY, IOWA
WHEREAS, on October 22, 1996, the property owner of 60 Regal Lane, executed a 10-year
declining balance Mortgage that was recorded October 28, 1996 in Book 2176, Page 258
through Page 262; and
WHEREAS, due to an incorrect legal description of the property this Mortgage was re-recorded
on July 17, 1997 in Book 2308, Page 254 through Page 257"A"; and
WHEREAS, the property owner did not spend the full amount of the re-recorded Mortgage and
thus it was amended on July 18, 1997 and recorded on July 21, 1997 Book 2310, Page 216
through Page 220; and
WHEREAS, on October 22, 1996, the owner also executed a conditional occupancy Mortgage
that was recorded October 28, 1996 in Book 2176, Page 263 through Page 267; and
WHEREAS, due to an incorrect legal description of the property this Mortgage was re-recorded
on July 17, 1997 in Book 2308, Page 258 through Page 262; and
WHEREAS, the property owner did not spend the full amount of the re-recorded Mortgage and
thus it was amended on July 18, 1997 and recorded on July 21, 1997 in Book 2310, Pages 211
through Page 215; and
WHEREAS; these documents created a lien against the property; and
WHEREAS, the loans were paid in full on May 1, 1999; and
WHEREAS, the liens were released on July 28, 1998 and recorded on April 16, 1999 in Book
2716, Page 50 through Page 52; and
WHEREAS, to reaffirm that the City has indeed released all of the above mentioned liens, they
need to be re- released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien
for recordation, whereby the City does re-release the property located at 60 Regal Lane,
Iowa City, Iowa from the 10-year declining balance Mortgage recorded October 28, 1996
Resolution No. 99-155
Page 2
in Book 2176, Page 258 through Page 262, re-recorded July 17, 1997 in Book 2308,
Page 254 through Page 257"A", amended on July 18, 1997 and recorded on July 21,
1997 in Book 2310, Page 216 through Page 220 and released on July 28, 1998,
recorded on April 16, 1999 in Book 2716, Page 50 through Page 52 of the Johnson
County Recorder's Office; and the conditional occupancy Mortgage recorded October
28, 1996 in Book 2176, Page 263 through Page 267, re-recorded July 17, 1997 in Book
2308, Page 258 through Page 262, amended on July 18, 1997 and recorded on July 21,
1997 in Book 2310, Page 211 through Page 215 and released on July 28, 1998,
recorded on April 16, 1999 in Book 2716, Page 50 through Page 52 of the Johnson
County Recorder's Office. The City is reaffirming that it has indeed released the Housing
Rehabilitation Mot[gages for the 60 Regal Lane property and thus insures that there is
no outstanding lien or obligation due to the City of Iowa City of any type or description on
this particular property. ~
Passed and approved this 18th
day of May ,19 99
MAYOR
Approved by
City Attorneys Office
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
ppdrehab\res\60regal3.doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 1319}356-5246
RELEASE OF LIEN
The City of Iowa City does hereby re-release the property at 60 Regal Lane, Iowa City,
Iowa, and legally described as follows:
Lot 109 Lakeside Addition to Iowa City, Iowa, according to the recorded plat
thereof,
from an obligation of the property owner, Barbara L. Farley, to the City of Iowa City in the
total amount of $12,763 represented by the 1 O-year declining balance Mortgage recorded
October 28, 1996 in Book 2176, Page 258 through Page 262, re-recorded July 17, 1997
in Book 2308, Page 254 through Page 257'A", amended on July 18, 1997 and recorded
on July 21, 1997 in Book 2310, Page 216 through Page 220 and released on July 28,
1998, recorded on April 16, 1999 in Book 2716, Page 50 through Page 52 of the Johnson
County Recorder's Office; and the conditional occupancy Mortgage recorded October 28,
1996 in Book 2176, Page 263 through Page 267, re-recorded July 17, 1997 in Book 2308,
Page 258 through Page 262, amended on July 18, 1997 and recorded on July 21, 1997 in
Book 2310, Page 211 through Page 215 and released on July 28, 1998, recorded on April
16, 1999 in Book 2716, Page 50 through Page 52 of the Johnson County Recorder's
Office.
The City is reaffirming that it has indeed released the Housing Rehabilitation Mortgages for
the 60 Regal Lane property and thus insures that there is no outstanding lien or obligation
due to the City of Iowa City of any type or description on this particular property.
These obligations have been satisfied and the property is hereby being re-released from any
lien, encumbrance, or clouds upon title to the above property by reason of said prior
recorded documents.
MAYOR
ATTEST:CiT~y~I~RR~,~ :~. 2~_2
Approved by
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this l.~ ~ ~t day of
signed, a Notary Public in and f~r said County,
, A.D. 19 clef , before me, the under-
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. e?- t5~ , adopted by the City
Council on the / P. '~-~ day '?r~r~ , 19 ~/c/ and that the said Ernest W.
Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
ppdrehab\
.rel
Notary Public in and for Johnson County, Iowa
05-18-99 B
3f(4)
Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 99-156
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE RELEASE OF A LIEN REGARDING, A PROMISSORY NOTE
FOR THE PROPERTY LOCATED AT 830 EAST COLLEGE STREET, IOWA
CITY, IOWA
WHEREAS, on August 23, 1988, the property owner of 830 East College Street executed a
Promissory Note in the form of a Statement of Life Lien for the amount of $10,000 through the
City's Housing Rehabilitation Program; and
WHEREAS, this document created a lien against the property; and
WHEREAS, the loan was paid off on May 3, 1999; thus,
WHEREAS, the lien needs to be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 830 East
College Street, Iowa City, Iowa from the Promissory Note recorded on August 24, 1988 in Book
1022, Page 385 of the Johnson County Recorder's Office.
Passed and approved this 18t. h day of Nay ,19 99
ATTEST: C~
Approved by
/J~//~
i~Attorney's Office
ppdrehab~res~83Ocolle.doc
Resolution No.
Page 2
99-156
It was moved by Norton and seconded by
adopted, and upon roll callthere were:
Thornber'r',y the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Liz Osbome, 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 830 East College Street, Iowa City,
Iowa, and legally described as follows:
Beginning at SE Cor of BIk 2, Iowa City, thence N 98', thence W 72¼', thence S
98' thence E 72~' to the place of beginning all in Johnson County, Iowa,
from an obligation of the property owner, Mary Jane Griswold, to the City of Iowa City in the
amount of $10,000 represented by a Promissory Note recorded on August 24, 1988 in Book
1022, Page 385 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded do ents.
.
Approved by
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this / ~ *~ day of '7'}'3 , A.D. 19 ~? , before me, the undersigned, a
Notary Public in and for said (~oc~ty, 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?~- (.5/,,, adopted by the City Council on the / ~' ~- day
,19 ct~ and that the said Ernest W. Lehman and Madan K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
ppdrehab',830corel.doc
Notary Public in and for Johnson County, Iowa
Prepared by.' Bob Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5241
RESOLUTION NO. 99-157
RESOLUTION APPROVING THE AMENDED PRELIMINARY PLAT OF
SILVERCREST, IOWA CITY, IOWA.
WHEREAS, the owner, Sunrise Partners, filed with the City Clerk of Iowa City, Iowa, an
application for approval of the amended preliminary plat of Silvercrest; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the amended preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the amended preliminary plat
and, after due deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the amended preliminary plat conforms with all of the requirements of the City
Ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The amended preliminary plat of Silvercrest, Iowa City, Iowa, is hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and
directed to certify this resolution, which shall be affixed to the plat after passage and
approval by law.
Passed and approved this :[8th day of Ma.v , 1999.
Y~ity At
ATTEST: C~ ~ ~j "'
f)
ppdadmin/res/silvercr. doc
Resolution No. 99-157
Page 2
It was moved by No~'ton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
×
.X
X
X
Vande~'hoef the Resolution be
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243
RESOLUTION NO. 99-158
RESOLUTION APPROVING THE PRELIMINARY PLAT OF SCOTT BOULEVARD
EAST, PART THREE, IOWA CITY, IOWA.
WHEREAS, the owners, Plum Grove Acres, Inc. and Bruce R. Glasgow, filed with the City Clerk
of Iowa City, Iowa, an application for approval of the preliminary plat of Scott Boulevard East,
Part Three; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The preliminary plat of Scott Boulevard East, Part Three, Iowa City, Iowa, is hereby
approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by law.
Passed and approved this 18th
ATTEST:C~ ~. ~
It was moved by Vande~'hnef
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
X
X
ppdadminlres/scott3.doc
day of May , 1999.
A by
orne
and seconded by No~'ton the Resolution be
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243
RESOLUTION NO. 99-159
RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF
KENNEDY SUBDIVISION, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Mark Kennedy, filed with the City Clerk of Iowa City, Iowa, an application
for approval of the preliminary plat of Kennedy Subdivision; and
WHEREAS, the Department 0f Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the
City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
THAT:
1. The preliminary plat of Kennedy Subdivision, Johnson County, Iowa, is hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to
certify this resolution, which shall be affixed to the plat after passage and approval by law.
Passed and approved this 18th
ATTEST:CiT~E~EE~"~) ~
day of Nay , 1999.
It was moved by Norton
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
X
X
ppdadm/res/kennedy.doc
and seconded by
b
f.
Thornberry the Resolution be
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
STAFF REPORT
To: Planning and Zoning Commission
Item: SUB99-0007. Kennedy Subdivision
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
BACKGROUND INFORMATION:
Prepared by: Scott Kugler
Date: May 6, 1999
Mark Kennedy
3762 Osage Street SW
Iowa City, Iowa 52240
Phone: 351-5454
MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Preliminary plat approval
To create a four-lot residential
subdivision
Southeast corner of Dane Road SW
and Osage Street SW
40.2 acres
Residential, RS-5 and A1
North: RS;
East: A 1, RS;
South: A1;
West: A 1.
Fringe Area C
Chapter 14-7, Land Subdivisions
April 1, 1999
May 16, 1999
The applicant, Mark Kennedy, is requesting a preliminary plat of Kennedy Subdivision, a 40.2
acre, four-lot residential subdivision with three outlots located at the southwest corner of
Dane Road SW and Osage Street SW. The property currently contains one single family
2
residence and pasture. This plat would create three additional building lots located on higher
land near Dane Road, all to be accessed off of a proposed private street, Justin Court, that
would intersect with Dane Road. This property is located outside of the City's current
growth boundary, but within Area C of the City's two-mile extraterritorial review area. It was
rezoned to RS-5 in 1997 and at that time a concept plan was submitted illustrating a
development similar to that proposed with this plat.
ANALYSIS:
The proposed preliminary plat appears to be in general conformance with the City's
subdivision regulations, although there are a few deficiencies that need to be addressed
before the plat can be approved. In addition, Public Works has not yet completed its review
of the revised plat. The plat should meet the technical requirements of the subdivision
regulations before the Commission votes. Staff anticipates that this will occur before the
May 6 meeting.
Fringe Area Agreement: The development policies of the Fringe Area Agreement for Area C
indicate that for property outside of the growth area, rezonings to RS-5 (one dwelling per five
acres of lot area) will be considered on a case-by-case basis provided that at least 80 percent
of the lot area is set aside for open space or agriculture. When this property was rezoned a
concept plan was submitted that indicated that this requirement would be met. The
proposed preliminary plat is in general conformance with the concept plan, and does meet the
80 percent open space requirement. The agreement specifies that City Rural Design
Standards will be followed in developing the property (see discussion below).
Subdivision Regulations: The proposed plat appears to be in general conformance with the
City's subdivision regulations, with the exception of a few deficiencies noted below. These
items should be addressed before the Commission votes on this application. Staff
recommends deferral until the corrections are made to the plat.
City Rural Design Standards should be followed on this property as per the Fringe Area
Agreement. Some changes are needed to the street cross-section shown on the plat in order
to comply with these standards. Specifically, the street should have a chipseal surface. This
change should be made to the plat prior to consideration by the Commission. In addition, the
rural design standards require that a fire rating be established for the subdivision, and that a
review be completed by the appropriate fire department to ensure that turning radii and other
design requirements are being met. Staff recommends that these items be completed prior to
City Council consideration of the plat.
The plat includes the creation of three additional building lots at the east end of the property,
near Dane Road. Two of the lots would have frontage along both Dane Road and the
proposed Justin Court. Dane Road is shown on the JCCOG arterial street map, and serves as
a primary means of access to properties in this area. Staff recommends that a note be
placed on the plat that restricts vehicular access for Lots 1 and 2 to Justin Court. The
purpose of creating the cul-de-sac is to limit the number of access points onto Dane Road.
Three outlots are being proposed. Outlot C represents the portion of the property that was
not rezoned to RS-5, and remains zoned A1 and will be used for agricultural purposes. Outlot
A makes up the bulk of the required 80 percent open space for this residential development.
3
It too is to be used for agricultural purposes. Outlot B is a smaller open space area near the
intersection of Dane Road and Justin Court, and to be a smaller common area within the
residential development as well as a site for a common well.
Storm Water Management: Because this property lies within the Old Man's Creek
watershed, storm water management is not required.
STAFF RECOMMENDATION:
Staff recommends that SUB99-0007 be deferred pending resolution of the deficiencies and
discrepancies listed below. Upon resolution of these items, staff recommends that the
request for a preliminary plat of Kennedy Subdivision, a 40.2 acre, four-lot residential
subdivision located at the southwest corner of Dane Road SW and Osage Street SW, be
approved, subject to the review and approval of the plat by the appropriate fire department
and the establishment of a fire rating for the subdivision prior to City Council consideration of
the preliminary plat.
DEFICIENCIES AND DISCREPANCIES:
2.
3.
4.
The street cross-section should indicate that the street will have a chipseal surface in
order to meet City rural design standards, as required by the Fringe Area Agreement.
The plat should contain a note indicating that lots 1 and 2 will not have direct vehicular
access to Dane Road.
Review and approval by the appropriate fire department and the establishment of a fire
rating for this subdivision will be required prior to City Council consideration of the plat.
Public Works' review of the revised plat has not yet been completed.
ATTACHMENTS:
1. Location Map.
2. Preliminary Plat.
3. 1997 Rezoning Exhibit.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
CITY OF IO~:A
CITY
NEUZIL ROAD w ~ /
Z
~,~T % \/ 480TH STREET >
T>
480TH STREFT z
465TH STRE
STREET
475TH
ST 480TH
~ ST
IZAAK
ROAD
/
NAPD
480TF
SITE LOCATION: 3762 Osage Street SW
SUB99-0007
PRELIMINARY PLAT
JOHNSON COUNTY IOWA
.............. ~; .......................
PLAT PREPARED BY:
MMS CONSULTANTS II,IC.
1917 SOUTH GILBERT ST.
IOWA CITY, IOWA, 52240
I /
0WNER/SUBDIVIDER
MARK KENNEDY
2651,62' :" ...'
,..,,..' ,.
~co .." :..' ~, .-.
OWNEI~'S ATTORNEY
JAMES H. IV[A~TINITI. K
33.C
3762 0SAGE ST SW
IOWA CITY, IOWA 52240
510 IOWA STATE BANK BLDG
IOWA CITY, IOWA 52240
Area Summary
Total Outlot Open Space Area 35.5 acres
Total ROW Area 2.6 acres
Tot. a~ Lot Area 4.:5 acres
sfc 32~79-6
REBAR
22' ~
REZONING EXHIBIT
(REVISED PLAN CONSIDERED BY P&Z IN RECOMMENDING
APPROVAL OF PROPOSED REZONING)
i"1
NO~,
IOIICI'ffFIIi(IEAREAC
OCT 15 1S!7 (
I'~,r), DF-.PA'RTMEIi_T.
LEGAL DESCRIPTION
THE F.,AST 23 ACR[~ Q~ ~1[ HORIH 1/20~ ~-I[ NORT~ I/20~ ~llE
NOtrrlf,~l~JA6RB StiCI~ei32, TOWNSHtP Te NOIrrH. RN~E aM2Sr
~ LOCA'fiON ~ NOT ~ ~K~AL~
"""" RE'ZONING EXHIBIq~N
~"" PROPOSED SUBDI~VL~I
· ,Iohllton County,
Form 653.C Page 2
CITY BUDGET AHENDI~ENT AND CERTIFICATION RESOLUTION
To the Auditor of ]ohmon County, Iowa:
The Council of the QW of Iowa City, in said County met on Hay 18, 1999, ;~t the place and hour set in the notice,
a copy of which accompanies this certificate and is cerdfied as to publlcadon. Upon taking up the proposed
amendment, It was considered and taxpayers were heard for and agalmt ~e amendment.
The Council, after headng at[ taxpayers wishing to be heard and considering the statements made by them, gave final
consideration to the proposed amendment(s) to the budget and rnodlficaUons proposed at the hearing, If any.
Thereupon, ~e following resolution was In.'oduced.
REsOLUTiON NO. 99-160
A RESOLUTION A~IENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING ]UNE 30, 1999
(AS AMENDED LAST ON AUGUST 25# 1998)
Be It Resolved by the Council of the City of Iowa CIty, Iowa:
Section1. Following nodce published May 7, 1999 and the public hearing held on Hay 18, 1999, the current
budget (as previously amended) is amended as set out herein and In the detail by fund type and acUvky that
supports this resoluUon which was considered at that hearing:
Total Budget
as Certified
or Last Current Total Budget after
Amended Amendment Current Amendment
REVENUES a~ OTHER FINANCING SOURCES
Taxes Levied on Property 1 21,733,964
Less: Uncollected Property Taxes-Levy Year 2
- Net Current Property Taxes 3 21 ~73~,964
Delinquent Property Taxes 4
TIF Revenues 5 50,000
Other City Taxes 6 456,787
Licenses ez: PermRs 7 600,735
Useofi'4oneya~Propercy 8 3,162,056 1,355,217
Intergovernmental 9 15,124,827 7,724,372
Charges for Services 10 32,403,931 (3,185,852)
Special Assessments 1 I 23,501 9,650
Miscellaneous 12 5,404,984 2,464,786
Other FInanclng Sources: 13 146,523,583 10,464,410
Total Revenues e~ Other Sources 14 225,484,368 18,832,583
EXPENDITURES ez OTHER FINANCING USES
'CommunityProtection 15 12,190,150 1,414,269
(police,fire,street lighUng, etc.)
Human Development 16 32,756,467 3,593,536
(health, library, recreation, etc.)
Home ez Community Environment 17 98,712,771 9,649,910
(garbage, streecs, utllldes, etc. )
Policy ez Administration 18 7,695,554 760,882
(mayor, council, clerk, legal, etc.)
Non-Program
Total Expenditures 19 151,354,942 15,418,597
Less:
Debt Sen'ice 20 13,475,434 (559,597)
CapitalProjects 21 81,743,350 15,581,255
Net Operating Expenditures 22 56,136,158 396,939
Transfers Out 23 98,484,471 (I,280,726)
Toeal Expenditures/Transfm Out 24 249,839,413 14,137,871
Excess Revenues ~ Other Sources Over
(Under) Expenditures/Transfers Out 25 (24,355,045) 4,694,712
Beginning Fund Balance July I 26 83,465,272 0
Ending Fund Bahrice June 30 27 59,110,227 4,694,712
Reason:
Increases In revenues and expenditures, Including revisions to capital Improvement projects as noted
in the nutice of public hearing.
21,733,964
21,733,964
50,000
456,787
600,735
4,517,273
22,849,199
29,218,079
33,151
7,869,770
156,987,993
244,316,951
13,604,419
36,350,003
108,362,68 I
8,456,436
166,773,539
12,915,837
97,324,605
56,533,097
97,203,745
263,977,284
(19,660,333)
83,465,272
63,804,939
Prepared by: Terry Trueblood, Director, Parks and Recreation, 410 E. Washington St., Iowa City, IA 52240 (319)
356-5110
RESOLUTION NO. 99-161
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF
CONCESSION/RESTROOM BUILDINGS AT THE IOWA CITY KICKERS
SOCCER PARK, 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 2:00 p.m. on the 8th day of June, 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 15`h day
of June, 1999 or at such later time and place as may be fixed.
Passed and approved this ].8th day of Ivla.y ,1999.
ATTEST:CIT~L~RK~ ~-
Approved by
City Attorney's Office
parksrecJresZconcessi.doc
Resolution No. 99-161
Page 2
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
0'Donnell the Resolution be
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
05-18-9
9
Prepared by: James Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 319/356-5044
RESOLUTION NO. 99-162
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY CIVIC
CENTER THIRD FLOOR ADDITION AND FIRST FLOOR RENOVATIONS
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, .specifications, form of contract and
estimate of cost for the above-named project was published as required by law, and the
hearing thereon held·
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA
THAT:
The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% 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 o. nce 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 2:00 p.m. on the 10t~ day of
June, 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 15th day of June, 1999, or at such later time and place as
may be fixed.
Passed
and approved this
18th day of May
,1999·
ATTEST: '~, ,zj,¢...--,,~ .~'
CI2~CLERK
Approved by
~ty Attorney's Office
pwenCres/c;,vict~3.doc
Resolution No. 99-162
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
05-18-99
10
Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252
RESOLUTION NO. 99-163
RESOLUTION AUTHORIZING A 28E AGREEMENT BETWEEN THE CITY OF
IOWA CITY, IOWA, THE EAST CENTRAL IOWA COUNCIL OF
GOVERNMENTS (ECICOG), AND THE IOWA DEPARTMENT OF
TRANSPORTATION REGARDING A MEMORANDUM OF EQUIPMENT
TRANSFER FOR PARATRANSIT VEHICLES.
WHEREAS, ECICOG obtained federal funds to purchase paratransit vehicles for the operation of
paratransit service within Iowa City; and
WHEREAS, ECICOG desires to effect the transfer of said vehicles to the City of Iowa City; and
WHEREAS, transfer of said equipment has been approved by Iowa DOT; and
WHEREAS, the City has agreed to adhere to the Federal Transit Administration requirements that
said equipment shall be kept in mass transportation service for the period of its useful service life.
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 memorandum of
equipment transfer.
2. The memorandum of equipment transfer shall be recorded in the Johnson County Recorder's
Office and the Secretary of State's Office as provided by Chapter 28E, Code of Iowa (1977).
Passed and approved this 1gf. h day of Nay ,1999.
ATrEST:Ci~~K 2 ~.
Approved by
City Attorney's Office
jccogadmVes'equiptrans.doc
Resolution No. 99-163
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
x
X
X
X
X
X
0 ' Donnel 1 the Resolution be
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5252
28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, THE EAST
CENTRAL IOWA COUNCIL OF GOVERNMENTS, AND THE IOWA
DEPARTMENT OF TRANSPORTATION REGARDING A MEMORANDUM OF
EQUIPMENT TRANSFER FOR PARATRANSIT VEHICLES
This memorandum of equipment transfer is made between the City of Iowa City, Iowa, hereinafter
referred to as "City"; the East Central Iowa Council of Governments, hereinafter referred to as
"ECICOG"; and the Iowa Department of Transportation, hereinafter referred to as "Iowa DOT'.
WHEREAS, ECICOG obtained federal funds to pumhase the equipment shown in Attachment A
with the associated VIN numbers and serial numbers; and
WHEREAS, ECICOG desires to effect the transfer of said equipment to a recipient approved by
Iowa DOT; and
WHEREAS, the City has needs for and wishes to assume responsibility for and agrees to adhere
to the provisions of the Federal Transit Administration grant contract with Iowa DOT, including the
requirement that said equipment shall be kept in mass transportation service for the period of its
useful service life; and
WHEREAS, the Iowa DOT has reviewed the justification provided by the City for desiring to obtain
said equipment and concurs that the transferee is capable of making appropriate use of said
equipment in providing public transportation services.
NOW THEREFORE, the undersigned officials hereby agree to effect the legal transfer of the
equipment described in Attachment A with the transferee reimbursing the transferor for the
residual seller's interest of $19,627 on or before June 30, 1999. Each party's official approval of
this memorandum relative to any vehicle that has not exceeded an FTA minimum useful life
criteria is contingent upon approval of any grant revisions FTA deems necessary, and approval of
revisions to the agreements between the Iowa DOT's Office of Local Systems by signatories for
the respective transit systems.
CITY OF IOWA CITY
~eh man/~,,'~ayc~''~>~ '~ ' ,v
Frne~t W. Lehman, Mayor
Typed Official Name and Title
(Chairperson)
'~:"'~--',r~-~t,,~,
Typed Official Name and Title
Address: 410 E. Washington Street
Iowa C i ty, Iowa
Address
2
Phone:
Attest:
Date:
(319) 356-5000
May 18, 1999
Phone:
Attest:
Date:
T~ed Official Name an~ Title AP ~ ~ I~ R~TO
Address:
Phone: ~15.
A~est: ~
Date:
jccogadm\traneqic.doc
Attachment A
Vehicles Proposed for Transfer Between ECICOG and the City of Iowa City
Federal Original Federal
ID# Description VIN Plate # Odometer Contract # Cost %
133 1993 Allan Ashley 1FTJS34H 1PHA86107 LDO449 95,496 03-0066-100-93 $30,043 75%
t31 1993 Allan Aohloy 1FTJS34113P-i IA80108 LDO452 82,606 03 0066 100 93 $30,043 7rJ~
135 1993 Allan Ashley 1FTJS34H9PHB01761 LDO256 89,724 03-0066-100-93 $30,043 75%
138 1993 Ford Eldorado 1FDKE37G9PH813046 LDO441 96,427 03-0066-100-93 $39,273 75%
139 1993 Ford Eldorado 1FDKE37GOPH813047 LDO429 88,327 03-0066-100-93 $36,458 75%
220 1995 Ford Eldorado 1FDKE30G7SHB83843 LDI133 66,838 03-0071-100-94 $43,805 83%
221 1995 Ford Eldorado 1FDKE30GTSHB83860 LDI134 60,673 03-0071-100-94 $43,805 83%
222 1996 Ford Supreme~ 1FDKE30G9SHC08659 LDI511 57,298 03-0071-100-94 $41,385 83%
223 1996 Ford Supreme~ 1FDKE30G9SHC02943 LDI660 65,057 03-0071-100-94 $41,385 83%
225 1996 Ford Supreme~ 1FDKE30G7SHC02939 LDI 165 64,382 03-0075-100-95 $41,385 78%
226 1996 Ford Supreme~ 1FDKE30G5SHC02938 LDI668 67,073 03-0075-100-95 $41,385 78%
*Denotes the depreciated value based on a base value of 100,000 miles, not ECICOG's depreciated value for audit purposes.
~Vehicle does not meet FTA's minimum useful life criteria.
jccogtp~vehidic,doc
Depreciated
ted Federal Local
' Value Value
i3 $1,015 $338
17 $2,315 $772
)3 $1,052 $351
i6 $3,192 $1,0~
~7 $12,057 $2,470
~7 $14,299 $2,929
'2 $14,668 $3,0~
11 $12,003 $2,458
~1 $11,498 $3,243
~7 $10,629 $2,998
Value*
$1,353
$3,087
$1,403
$4,256
$14,527
$17,227
$17,672
$14,461
$14,741
$13,627
CHESTER J. CULVER
SECRETARY OF STATE
~~OF I0~
HOOVER BUILDING
STATE OF IOwA
Dns MO~NnS, Iowa 50319
TEL (515) 281-5204
FAX (515) 242-5953
August 18, 1999
Marian K Karr
City of Iowa City
410 E Washington St
Iowa City IA 52240-1826
RE: Filing of 28E Agreement between the City of Iowa City &
ECICOG and the Iowa Department of Transportation
Dear Ms. Karr :
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 August 18, 1999
Sincerely,
Chester J. Culver
Secretary of State
CjC/klw
Enclosures
Date:
To:
From:
Re:
.,CCOG
May13,1999
City Council, City of Iowa City
Jeff Davidson, Transportation Planner
Transfer of paratransit vehicles from ECICOG to the City of Iowa City
On your May 18 City Council meeting agenda are two items pertaining to the paratransit
vehicles used by Johnson County SEATS for complementary paratransit service within Iowa
City. The first item is a Memorandum of Equipment Transfer which will transfer the titles of 11
paratransit vehicles from the East Central Iowa Council of Governments (ECICOG) to the City of
Iowa City. The second item provides for the City of Iowa City to lease the vehicles to Johnson
County SEATS to be operated within Iowa City.
The issue of paratransit vehicle ownership was first raised in 1998 when, during discussion of
the paratransit contract with Johnson County, Iowa City stated they would like to be able to use
the paratransit vehicles when they were not being operated by Johnson County SEATS. This
was requested to allow the possibility of deviated fixed route transit service being operated by
Iowa City during off-peak hours using the smaller paratransit vehicles. Discussions between
ECICOG (current owners of the vehicles), Iowa DOT, and the City of Iowa City led to the
determination that it was appropriate for Iowa City to own the vehicles instead of ECICOG. This
will allow Iowa City the flexibility to operate the vehicles when they are not being used by
SEATS, but also makes Iowa City responsible for the eventual replacement of the vehicles.
The Memorandum of Equipment Transfer provides that Iowa City will agree to operate the
vehicles consistent with the Federal Transit Administration requirements that are part of the
original funding of the vehicles. It further provides for Iowa City to pay $19,627 to ECICOG prior
to June 30, 1999. This represents the "residual seller's interest" in four of the vehicles which
have not reached the end of their useful service life as defined by the Federal Transit
Administration.
The vehicle lease agreement allows the vehicles to continue to be operated by Johnson County
SEATS consistent with the April 13, 1998 paratransit agreement between Iowa City and SEATS,
at an annual lease fee of $1 per year. The agreement provides that SEATS will be responsible
for the cleaning, maintenance, fueling, and insuring of the vehicles; in addition SEATS will repair
any damage incurred while they are operating the vehicles. The lease agreement enables Iowa
City to operate the vehicles when SEATS is not using them, at a rate of $.20 per mile.
cc: Steve Atkins
Joe Fowler
Ron Logsden
Kevin Doyle
Mary Rump, ECICOG
Lisa Dewey, SEATS
J.P. Golinvaux, Iowa DOT
jccogtplmem/paratransit.doc
Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252
RESOLUTION NO. 99-164
(Rescinded by Res. 99-253)
RESOLUTION AUTHORIZING A 28E AGREEMENT BETWEEN THE CITY OF
IOWA CITY, IOWA, AND JOHNSON COUNTY SEATS FOR THE LEASE OF
PARATRANSIT VEHICLES TO BE OPERATED WITHIN IOWA CITY.
WHEREAS, the City of Iowa City desires to provide lift equipped complimentary paratransit
service in accordance with the JCCOG Complimentary Paratransit Plan; and
WHEREAS, the City of Iowa City has entered into an agreement with Johnson County SEATS
dated April 13, 1998 in order to provide the desired complimentary paratransit service; and
WHEREAS, the City of Iowa City is willing to lease vehicles to provide such service.
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 vehicle lease
agreement between the City of Iowa City and Johnson County SEATS.
2. The vehicle lease agreement shall be recorded in the Johnson County Recorder's Office and
the Secretary of State's Office as provided by Chapter 28E, Code of Iowa (1997).
/f
Passed and approved this
day of ,1999.
ATTEST:
CITY CLERK
MAYOR
Approved by
City Attorneys Office
jccogadmVes~seatsic. doc
Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5252
28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON
COUNTY SEATS FOR THE LEASE OF PARATRANSIT VEHICLES TO BE
OPERATED WITHIN IOWA CITY
This agreement made effective the __ day of by and between
the City of Iowa City, Iowa, hereinafter referred to as "the CITY"; and Johnson
County SEATS, hereinafter referred to as "SEATS".
WITNESSETH:
WHEREAS, the CITY desires to provide lift equipped complementary paratransit
service in accordance with the JCCOG Complementary Paratransit Plan; and
WHEREAS, the CITY is willing to lease vehicles to provide such service; and
WHEREAS, the CITY has entered into an agreement with SEATS dated April 13,
1998 in order to provide the desired complementary paratransit service; and
WHEREAS, the purpose of this agreement is to state the terms and conditions as to
the manner in which vehicles will be leased, maintained and operated in the
provision of complementary paratransit service.
NOW, THEREFORE, in consideration of the mutual promises and representations
contained herein, the parties hereto agree as follows:
Vehicles to be leased and lease amount. The CITY does hereby agree to
lease to SEATS the following vehicles in accordance with the requirements
of this agreement:
ID#
133
134
135
138
139
220
221
222
Description
1993 Allan Ashley
1993 Allan Ashley
1993 Allan Ashley
1993 Ford Eldorado
1993 Ford Eldorado
1995 Ford Eldorado
1995 Ford Eldorado
1996 Ford Supreme*
VIN
1 FTJS34H 1 PHA86107
1 FTJS34H3PHA86108
1 FTJS34HgPH B01761
1 FDKE37G9PH813046
1 FDKE37GOPH813047
1 FDKE30G7SHB83843
1FDKE30G7SHB83860
1FDKE30GgSHC08659
2
223 1996 Ford Supreme*
225 1996 Ford Supreme*
226 1996 Ford Supreme*
1FDKE30G9SHC02943
1FDKE30G7SHC02939
1 FDKE30G5SHC02938
for the annual sum of $1.00 commencing on the effective date of this agreement.
This lease shall go into effect with respect to each vehicle denoted by an asterisk
above, only after appropriate FTA grant revisions and revisions to each
respective agreement between the Iowa DOT and the CITY that is a party to this
lease have been duly approved and officially executed.
Compliance with statutes, ordinances, and regulations. The vehicles being
leased herein have been obtained pursuant to certain financial assistance grants
from the Federal Transit Administration through the Iowa Department of
Transportation. SEATS shall, in the performance of this agreement, comply with
applicable federal, state and local statutes, ordinances, and regulations
applicable to this agreement and the work done hereunder. The paratransit
vehicles and drivers must comply with all applicable local, state and federal laws,
rules, regulations and safety standards.
Vehicle operations. It is agreed that the vehicles provided to SEATS shall be
used by SEATS exclusively to provide transportation for persons who have been
certified in accordance with the provisions of the Americans with Disabilities Act
or Johnson County for paratransit service. In the event SEATS fails to operate
the vehicles as provided herein, or otherwise defaults on the terms of this
agreement, the CITY shall have the right to immediately terminate this
agreement in whole or in part and enter the premises of SEATS to take
possession of the vehicles. The CITY shall retain the right to use the vehicles in
mass transportation service when not being operated by SEATS under the terms
of the April 13, 1998 agreement. The CITY agrees to reimburse SEATS, at a rate
of twenty cents ($.20) per mile and refuel the vehicles before returning them to
SEATS, when using the vehicles in mass transportation service not operated
under the terms of the April 13, 1998 agreement.
Term of the AgreemenL The term of this agreement shall begin on the effective
date of this agreement and end effective with the termination of the April 13,
1998 agreement, but may be extended by mutual agreement of both parties.
Termination. This agreement may be terminated by written notification of either
party upon 30 days notice. Termination of the April 13, 1998 agreement between
the CITY and SEATS will also cause termination of this lease agreement.
Disposal of vehicles. SEATS agrees that it will not sublet of otherwise dispose
of the vehicles listed in paragraph one without the prior written approval of the
Relationship between the CITY and SEATS. The relationship of SEATS to the
CITY shall be that of independent contractor. No partnership, association, or joint
enterprise shall arise between the parties hereto as a result of any of the
provisions of this agreement, nor shall any provision herein be construed as
making any employee of SEATS an employee of the CITY.
10.
11.
12.
13.
14.
Cleaning and storage of vehicles. SEATS shall clean the vehicles inside and
out on a regularly scheduled basis to maintain a neat and clean appearance. The
vehicles will be stored nightly at a location provided by SEATS.
Maintenance of vehicles. SEATS shall be responsible for obtaining and
maintaining a maintenance agreement approved by the CITY for preventative
maintenance and repairs. Preventative maintenance shall be carried out at
3,000-mile intervals. SEATS shall be responsible for assuring that vehicles are
maintained according to the standards of safety and reliability applied to all CITY
vehicles which include but are not limited to the following:
Body interior. No sign or advertising material will be permitted on or in a
vehicle without the prior approval of the CITY with the exception of "no'
smoking" signs.
Body exterior. No modifications will be made to the exterior of a vehicle
or the paint scheme without prior approval of the CITY.
Inspection. Vehicles will be available periodically for inspection by the
CITY to insure that the above stipulations are being adhered to.
SEATS agrees by acceptance hereof that all vehicles operated under this
agreement are in good operating order, repair and appearance and, at the
expiration or termination of this lease, to return all vehicles to the CITY in the
same operating condition, repair and appearance as when received (reasonable
wear and tear excepted), and shall pay for any repairs necessary to restore the
vehicle to its original condition, less reasonable wear and tear.
Maintenance, audit and inspection of operating records. SEATS will maintain
all records and supporting documentation pertaining to this agreement, and will
make these records available at its office at reasonable times during the
agreement period. Such records will be made available for inspection by the
CITY and the Iowa Department of Transportation or by another authorized
representative of the CITY or the Iowa Department of Transportation, and copies
thereof shall be furnished to them if requested.
Operator requirements. SEATS shall provide qualified drivers, with proper State
of Iowa driver's license and CDL endorsement.
Insurance. SEATS shall maintain auto liability, collision and comprehensive
insurance on the leased vehicles, for the term of the April 13, 1998 agreement.
SEATS will maintain a minimum limit of $1,000,000 for the first ten (10)
passengers, and a minimum limit of $2,000,000 for more than ten (10)
passengers. SEATS will name the CITY as an additional insured. SEATS will
also maintain $1,000,000 of general liability insurance. Upon request from the
CITY, SEATS shall furnish to the CITY certified copies of any insurance policies
pertaining to this agreement.
Damage to vehicle. SEATS agrees that it will, in the event of damage to a
vehicle not covered by insurance, repair or pay the expense of repairing the
vehicle to its prior condition, except for normal wear and tear unless said damage
was caused while being used for mass transportation and not operated by
SEATS under the terms of the April 13, 1998 paratransit agreement.
Federal, state and local laws, rules and regulations. This agreement shall be
governed by federal, state and local laws, rules and regulations, and the charters
4
of the respective parties insofar as the same are applicable. The parties hereby
agree to abide by all applicable laws, rules, regulations and charter provisions in
the performance of this agreement.
15.
Changes to agreement. Neither party may assign or sublet any of its interests,
rights or obligations hereunder without the prior written approval of the other
party. No material modifications may be made in this agreement except as
mutually agreed in writing and authorized by the City and SEATS.
In witness whereof the parties have set their hands thereto as to the date shown.
CITY OF IOWA CITY
JOHNSON COUNTY SEATS
Ernest W. Lehman, Mayor
(Chairperson)
Attest: Attest:
City Clerk
Date: Date:
jccogadm\vehlease.doc
Al~Oved By
~ Attorney's Officr,,
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 99-3882
AN ORDINANCE REPEALING SECTION
1-9-2 OF THE CITY CODE ENTITLED
"LIMITATION ON CAMPAIGN
CONTRIBUTIONS"
WHEREAS, the City Attorney has advised
that Section 1-9-2 of the City Code entitled
"Limitations on Campaign Contributions," which
limits individual contributions to candidates and
their committees and committees opposing or
supporting a ballot issue to $50 per election will
not withstand constitutional challenge.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I.: REPEAL. Section 1-9-2 of the
City Code is hereby repealed.
SECTION II. REPEALER. All ordinances
and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION Ill. SEVERABILITY. If any
section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 18th day of
1999.
City Attorneys Office
Ordinance No. 99-3882
Page 2
It was moved by Van;derhoef
and seconded by Norton
that the Ordinance as read be adopted, and upon
roll call there were:
AYES:
NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
First Consideration
5/4/99
Vote for passage: AYES: Vanderhoef, Champion, Kubby, Lehman,
Norton, O'Donnel 1 ,Thornberry. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
5/26/99
requiring ordinances
e~ea~mpao~.d~ at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the
second consideration and vote be waived and the
ordinance be Voted upon for final passage at this time.
AYES: Kubby, Lehman, Norton, O'DOnnell, Thornberry,
Vanderhoef, Champion. NAYS: None. ABSENT: None.
City of Iowa City
MEMORANDUM
Date: May 12, 1999
To: Iowa City City Council
From: Neighborhood Council of Iowa City
Re: 2000 Program for Improving Neighborhood (PIN)
Grant Recommendations
The Neighborhood Council of Iowa City (NCIC) has recently reviewed the FY2000 grant
applications presented by various neighborhood associations for funding through the Program for
Improving Neighborhoods (PIN) Grant program. This is the fifth year the City has made $25,000 in
PIN funds available to neighborhood associations to make improvements in their neighborhoods.
The Neighborhood Council developed the program guidelines, the ranking criteria, and process for
evaluating the applications. The NCIC has formulated a recommendation for the funding of Fiscal
Year 2000 PIN grant funding for your review and approval at the May 18, 1999 City Council
meeting.
This year, eleven applications from five neighborhood associations totaling $39,056.00 were
reviewed. The Neighborhood Council reviewed the applications, clarified details, ranked the
applications and recommended funding levels. Prior to final ranking of the applications, two
applicants agreed to reduce their funding request and one was withdrawn as it was felt that funding
could be pursued elsewhere. Three applications are recommended not to be funded. The following
is a summary of the grant requests and funding recommendations:
WETHERBY PARK PAVILION IMPROVEMENTS- Wetherby Friends and Neighbors
Requested $10,000.00 - Recommended $10,000
Make improvements to the existing shelter at Wetherby Park. Parkland improvement funds
would not be sufficient to make these improvements as part of the larger park project. The
neighborhood has worked with the consulting landscape architect on shelter design options
and improvement estimates.
WEST HIGH WALKWAY II - South West Estates Neighborhood Associations
Requested $5000.00 - Recommended $3300.00
Installation of asphalt sidewalk in order to connect the portion of the walkway that was
partially completed through last year's PIN grant program with a walkway on the west side of
West High School
KIWANIS PARK WILDFLOWERS - Ty'n Cae Neighborhood Association
Originally requested $5000.00 - Voluntarily reduced to $1000 - Recommended $1000.00
Planting of plant forbes in the new Kiwanis Park area. Park development funds are not
adequate to complete this planting.
Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237
RESOLUTION NO. 99-165
RESOLUTION APPROVING DISTRIBUTION OF THE "'PROGRAM FOR
IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS.
WHEREAS, the City Council allocated $25,000 for Fiscal Year 2000 for the purpose of funding grants
to neighborhood associations so that they could make improvements in their neighborhood; and
WHEREAS, the Neighborhood Council, a body representing leaders of the neighborhood associations
have been responsible for:
· developing the criteria and format for the grant application;
· establishing a method of evaluating the applications;
· reviewing and evaluating the applications;
· submitting this request to the City Council for their review; and
WHEREAS, the Neighborhood Council will be reviewing the progress of the grant activities throughout
the year and reporting to the City Council; and
WHEREAS, the Neighborhood Services Coordinator will be responsible for ensuring the adequate
completion of the projects and authorizing distribution of funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The City Council has reviewed the applications and recommendation of the Neighborhood
Council for the distribution of funds as outlined in Exhibit A and finds the funding of projects
shown to be appropriate, so that the commencement of these projects can begin July 1, 1999.
2. The Neighborhood Services Coordinator is authorized to administer the funds by confirming
completion of the improvements and approving disbursement of funds.
Passed and approved this 18th
ATTEST: _2~_.,,.~
CITY CLERK
It was moved by Thornberry
adopted, and upon roll call there were:
neighbor/restpingrant.doc
AYES:
X
X
X
X
X
X
x
and seconded by Kubhy
NAYS:
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
the Resolution be
(Attachment A)
2000 PROGRAM FOR IMPROVING NEIGHBORHOODS (PIN) GRANT APPLICATIONS
WETHERBY PARK PAVILION IMPROVEMENTS
Wetherby Friends and Neighbors .' $10,000.00
WEST HIGH WALKWAY II
South West Estates NA
$3300.00
KIWANIS PARK WILDFLOWERS
Ty'n Cae NA
$1000.00
ALLEY RESURFACING
Longfellow NA
$700.00
BENTON STREET PARK SIDEWALK
Miller Orchard NA
$5000.00
BENTON STREET PARK CONSULTING FEES
Miller Orchard NA
$5000.00
TOTAL $25,000.00
neighbor/res/pingranLdoc
ALLEY RESURFACING - Longfellow Neighborhood Association
Originally requested $1000.00 - Voluntarily reduced to $700 - Recommended $700.00
Continuation of last year's project that installed rock in alleys in the neighborhood. Additional
alleys will be resurfaced through this program.
BENTON STREET PARK SIDEWALK - Miller Orchard Neighborhood Association
Requested $5000.00 - Recommended $5000.00
Installation of a concrete sidewalk from the M~ler/Benton corner to the new parkland being
acquired by the City on Benton Street.
BENTON STREET PARK CONSULTING FEES- Miller Orctutrd Neighborhood Association
Requested $5000.00 - Recommended $5000.00
Hiring a landscape architect consultant to work with the neighborhood association to plan new
park on Benton Street.
BUTTERFLY GARDEN AND BIRD HABITAT - Longfellow Neighborhood Association
Requested $500.00 - Withdrawn by applicant
Maintenance/improvements to the existing Butterfly Garden and Bird Habitat that was
established a few years ago at Longfellow School. Funding will be used for mulch, birdhouse,
plants and tree trimming and replacement.
DRIVE-IN-SATURDAY-NIGHT - Wetherby Friends and Neighbors
Requested $597.00 - Recommended no ftmding
Grant funds would provide for rental fees for large screen television, movie rental for public
performance and refreshments for movies to be shown in Wetherby Park three times during
the summer of 1999.
WETHERBY OLYMPICS - Wetherby Friends and Neighbors
Requested $625.00 - Recommended no funding
Grant funds would provide trophies, certificates, medallions, equipment rental and
refreshments for the neighborhood to sponsor a neighborhood Olympics event during August
1999 at Wetherby Park.
NEIGHBORHOOD CLEANUP - Wetherby Friends and Neighbors
Requested $1334.00 - Recomn~ended no funding
Grant funds would provide dumpsters, truck rental, tipping fees, appliance disposal fees
and picnic/refreshment costs to sponsor a neighborhood cleanup. The neighborhood would
hold a party after the clean up to encourage neighbor socializing.
BENTON STREET PARK IMPROVEMENTS - Miller Orchard Neighborhood Association
Requested $5000.00 - Recommended no funding
After con~pletion of the sidewalk and park planning process, the neighborhood requested
funding to make improvements to the park area as determined through the planning process.
The applications from Wetherby Friends and Neighbors that were not recommended for funding
(Drive-in Saturday Night, Wetherby Olympics and the Neighborhood Cleanup), although less
tangible projects, were felt to be worthwhile by the Neighborhood Council because
social/beautification events of this kind can be very beneficial to a neighborhood - particularly one
that has experienced the problenxs that Wetherby has over the past year. The Neighborhood
Council also felt that many of the costs associated with these projects might be something that local
merchants/businesses would donate if requested. It was felt that the Cleanup project should be
available to only the lower income residents of the neighborhood. The Benton Street Park
Improvements application was considered too early in the process and might be more appropriate
for next year's PIN grant process.
Attached are the applications with supporting documentation. The Parks and Recreation
Commission has reviewed applications that involve park improvement projects. The neighborhood
associations representatives will provide a brief presentation of the recommended 2000 Program for
Improving Neighborhoods (PIN) Grants at your May 18 formal City Council meeting. We look
forward to discussing the 2000 PIN Grant applications with you then.
MAR 0 1 1999
PROGRAII/IFOR /IllPROVING NEIGHBORHOODS
Wetherby Park Pavilion Improvements
Name/Address/Phone Numbers of Contact Persons:
Don Anciaux (Wetherby) - 339-0709
2119 Russell Dr.
Iowa City, Iowa 52240
Estimated Amount of Funds Requested:
Name of Neighborhood Association:
Wetherby Friends and Neighbors and
Pepperwood Neighborhood Association
Location of Proposed Project
Wetherby Park
2400 Taylor Dr,
Iowa City, Iowa 52240
Time Period of Proposed Project
$10,000,00
General List and Description of Activities with estimated time line:
From: July 1, 1999 T0: June 30, 1999
(please indicate if this project will or could be phased over a number of years)
Make the following improvements to the pavilion (which is in need of repair), making the pavilion a
focal point of the community,
· Modify style - new fa.cade with cupola and gingerbread motif simulating a turn of the
century park facility (see picture)
· Rotate restroom/storage area for security purposes
· Improve restrooms
· Improve water facilities
· Improve picnic facilities
We will begin work in the summer of 1999 and finish in the fall. We will work with Terry
Trueblood (Iowa Parks and Recreation department) and Tony Malkusak (a consultant from MMS
who is doing the landscaping) on a more detailed schedule.
Describe the process used to solicit neighborhood input into this funding request and summarize results:
Wetherby Friends and Neighbors steering committee member Teresa Dvoracek was given
chairmanship of the park improvement committee. She sent letters to all members of both
Pepperwood Neighborhood Association and Wetherby inviting them to meetings to discuss park
improvements. At the first meeting, held on 11/5/98, we discussed the goals for the Wetherby park
improvements. Goal # one is to "establish 'spirit of place' for Wetherby park users." One way to do
this is by improving the park shelter to serve as a primary focus of Wetherby park. At the 1/21/99
meeting, Tony presented the concept plan based on discussions from the 11/5/98 meeting.
Neighbors had a chance to review the site plan and provide further input i.e. changes. At the
2/18/99 meeting, we finalized the park plan. Approximately 15 people attended each meeting.
Terry Trueblood and Tony Malkusak attended all 3 meetings.
Names of potential resources (neighborhood and other) that will be utilized in this projectVolunteerCash Anticipated Committed
1. Wetherby Friends and Neighbors ~/ [] [] ~/
2. Pepperwood Neighborhood Association ~/ [] [] ~/
3. Broadway Neighborhood Center ~/ ~/ [] []
4. Iowa City Parks and Recreation Department ~/ [] [] ~/
5. Tony Malkusak, MMS Consultants ~/ [] [] ~/
What are the goals for this project and why is it needed?
Park committee goals are to: 1) Create a visually pleasing entry to the park (the shelter is near the
entrance); 2) Make the park a focal point for neighborhood activities; 3) Improve accessibility and
usefulness to low income, elderly, and special needs citizens; and 4) Provide a social area for
interaction between all ages. The Wetherby and Pepperwood neighborhoods have a tarnished
image as a result of a gang shooting that took place in 5/98. Both neighborhood associations feel
this project will make the park more useable and attract more people, including responsible adults,
into the park. It is also a way for us to refute our tarnished image for the community. Wetherby
and Pepperwood have been active neighborhoods and have demonstrated the ability to organize
and carry out neighborhood programs. Also, as mentioned previously, the shelter is in need of
repair. It is falling apart and has damage from the 1998 wind storm.
Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain.
Yes, it benefits all members of the neighborhood by providing a gathering place. Wetherby is near
the low income housing located on Broadway and the Neighborhood Center on Broadway. There
is a concrete path leading to the pavilion, making it accessible to the elderly and people with
special needs. Our area also includes many rental units whose residents would benefit form the
pavilion as a place to have gatherings (i.e. family reunions) and other social activities that may not
easily be accommodated in their apartments.
Could the project occur without PIN funding?
Possibly, but not for several years. Effective 7/1/99, Wetherby is receiving $1 O0,000 for park
improvements. During our meetings, the neighbors came up with about $142,710 worth of ideas
for park improvements. The associations decided to apply for a PIN grant for the pavilion, so the
city-funded portion could pay for other projects.
Could the project operate with less funding?
Yes, if we received only a portion of the requested 91 0,000 from PIN funds, we could possibly
reduce the amount of other projects included in the 9100,000 from the City of Iowa City to ensure
the pavilion is completed.
Will the project continue after the PIN funds end?
Yes X No (If yes, what sources of funding will you use?)
Yes, the Parks and Recreation department will maintain the pavilion. The City of Iowa City will
provide funding for this.
EXPENSE CATEGORY
Equipment/Supplies
Project Materials
Professional Services
Contracted Improvements
Other Costs (List)
TOTALS
ESTIMATE PROJECT COST BREAKDOWN
PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS
90 sO N/A
95,000
$1,000
94,0OO
910,000 [, ~
WETHERBY PARK
GOALS AND OBJECTIVES
GOALS-ESTABLISHED FROM THE NOVEMBER 5, 1998 NEIGHBORHOOD
ASSOCIATIONS MEETING.
GOAL #1: TO CREATE A "SPIRIT OF PLACE" FOR USERS OF WETHERBY PARK.
GOAL #2: TO PROVIDE OPPORTUNITIES OF PLAY AND ACTIVITIES FOR THE
DISABLED.
GOAL #3: TO PROVIDE LINKAGES TO THE IOWA RIVER TRAIL CORRIDOR
SYSTEM.
GOAL #4: TO CREATE A UNIQUE, FUN PLAY AREA.
OBJECTIVES-MEANS TO WHICH TO FULFILL THE GOALS ESTABLISHED
GOAL #1: "SPIRIT OF PLACE"
- Create a visually pleasing entry into the park
- Move park sign to a prominent location
~ Where the opportunities arise, utilize details and materials which give an identity of
"traditional Iowa park"
~ Locate an information plaque about Isaac Wetherby/park history in a prominent location
- Renovate park shelter to reflect a different, more nostalgic style
- Create environment in active areas and gathering areas which are protected from the
elements
- Incorporate native materials (plants and construction) where possible
- Form or create committee to promote "pride in our park"
GOAL #2: OPPORTUNITIES FOR DISABLED
- Asphalt pave parking lot and trail system
- Relocate accessible planters to active zone/social zone
- Provide accessible play area surfacing
- Implement a sensory/art wall
- Provide accessible play opportunities (i.e.: slides, sandbox, activity panels)
GOAL #3: LINKAGES
- [ncorporate short trail loop and long trail loop
- Provide easy access to future trail system
- Plan for a future secondary vehicular access
GOAL #4: PLAY AREA
- Remove old, outdated and dangerous play equipment
- Provide separate play equipment areas for pre-school aged children (2-5 yr. olds) and
elementary school aged children (5-12 yr. olds)
- Provide social areas for interaction between all ages
- Provide cooperative play areas
- Provide hard court area
- Incorporate boulders or "outcroppings" in social zone
- Introduce water as a cooperative play element but not the focal point of the play area
March 9, 1999
TO:
FROM:
Marcia Klingaman,
Neighborhood Services Coordinator
Terry Trueblood,
Parks & Recreation Director
PIN Grant - Wetherby Park Pavilion
CITY OF I0 WA CITY
PARKS & RECREATION
DEPARTMENT
As you know, I have been working with the Wetherby Friends and Neighbors and the
Pepperwood Neighborhood Association to jointly develop plans for improvements to Wetherby
Park. As the estimated costs for the desirable improvements have exceeded the budgeted
amount, we have been working together to determine cost reductions and supplemental funding
sources. One of the sources identified was a joint PIN Grant Application submitted by the two
associations. One of the key components of the overall improvement plan is to renovate the
existing park shelter, improving its function and appearance. I wholeheartedly support their
grant application, and I feel it will be a very good example of cooperation between the City and
two neighborhood associations. Should you or the Neighborhood Council have any questions,
please don't hesitate to contact me.
220 SOUTH GILBERT STREET
IOWA CITY IOWA 52240-1632
PHONE (319)356-5101
FAX (319)356-548'
. .._,.p,C.LJ. [)~_PA!:~,IMEN I
Nameof Project:
· v,;es'-/*/4,~/~ ~,~tk:,-,*,~3
Name/Address/Phone Numbers of Contact Persons:
PROGRAM FOR IMPROVING NEIGHBORHOODS
Name of Neighborhood Association:
Location of Proposed Project:
Estimated Amount of Funds Requested: Time Period of Proposed Project:
$ 5' oo o From: J,~/~ [//~f']To: Se.fJ-/) If2~'
/
General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years)
Add additional pages if necessary.
Describe the process used to solicit neighborhood input into this funding request and summarize results:
?~v,'o~-~ flye~s .~5,...,d Jr.:, w,,flc',,-,~ ~-s ~e//~ ,,cc,~., ¢;,- sT~&,,,-h'~ 4,~;~ ,~t,2,,,,~
List the names of potential resources (neighborhood and other) that will be utilized in this projecl:
Type
Volunteer Cash
~. J~,~P~A/ I~:~'1 D2
3. ~
4. Q~3 ~4
5, D~7 D~8
s. ~ Q2
Add additional pages if necessary.
Status
Anticipated
17q7
EQ11
F'115
1"]19
F']23
Committed
1"112
1']16
F'~20
['324
What are the goals for this project and why is it needed?
Add additional pages if necessary.
Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain.
Could the project occur without PIN funding?
Add additional pages if necessary.
Could the project operate with less funding?
Y~s, c~t~t ,~-,K~ ,~
Add additional pages if necessary.
Will the project continue after the PIN funds end?
Yes.__ No X (If yes, what sources of funding will you use?)
Add additional pages if necessary.
EXPENSE CATEGORY
Equipment/Supplies
Project Materials d/~,~/~L,y/'~
Professional Services
Contracted Improvements
Other Costs (List)
Add additional pages if necessary.
ESTIMATE PROJECT COST BREAKDOWN
PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS
TOTALS
* ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
,%
Exciting Neighborhood News
Members of the Iowa City and Coralville communities have been working for years to establish bike trail,,
,r recreation and transportation. Federal and local funds will be used to construct a section this trail
tWillow Creek Trail) from Mormon Trek to HWY. 218 south of West High School and Fareway (see
map) in late 1997.
Several West Side Neighborhoods are interested in adding to Willow Creek Trail and are preparing grar
applications for Program for Improving Neighborhoods (PIN) grant funds of $5000.00 each. This trai
would provide not only a bike recreation trail access from West High's entrance to Willow Creek
Park, but also a safe paved pedestrian access for the hundreds of students who must walk to West High
from the south.
The neighborhoods must first work with the Iowa City Community School District representative-'
to gain their support. We realize these grants can only get the ball rolling but with your support ~
can add priority to the request.
You can help in this effort by:
1 .Writing letters of support to West High Principal Jerry Arganbright, 2901 Melrose Avenue, 52246,
with a copy to 509 South Dubuque, 52240, Attention: School Board, Dr. Grohe, and Mr. Palmer.
2. Contributing donations you might care to make to the project by sending your check to:
Iowa City Community School District Foundation, earmarked for the West High trail.
3.Contacting your neighborhood representative to offer help in contacting other interested
groups, collecting petition names, etc.
WORKING TOGETHER WE CAN MAKE A DIFFERENCE!
PROGRAM FOR IMPROVING NEIGHBORHOODS
Name of Project
NamefAddressZPhone Numbers of Contact Persons:
Name of Neighborhood Association:
T7, ',c",-,-~
Location of Proposed Project
Estimetad Amount of Funds Requested:
$ 5~'/oo~,
Time Period of Proposed Project
To:
General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years)
p/..~- ~ ,,, s9,.,.~. T~ .,~ 1,~ ~ ~d ~Y'I~- L p~s~;~,l-h~ pl,,~
Describe the process used to solicit neighborhood input into this funding request and summarize results:
Add additional pages if necessary.
List the names of potential resources (neighborhood and other) that will be utilized in this project
2.
3.
4.
5.
6.
Type
Volunteer
F~5
[']13
F']17
E]21
Cash
EQlo
E]14
['118
Add additional pages if necessary.
Status
Anticipated
F"]7
[']11
["]15
I'q19
E~23
Committed
EQ12
1']16
E32o
EQ24
PROGRAM FOR IMPROWNG NEIGHBORHOODS
What are the goals for this project and why is it needed?
Does this project benefit low-income, elderly, youth or other disadvantaged youth?
Add additional pages if necessary.
If yes, please explain.
Could the project occur without PIN funding?
A/~.
Add additional pages if necessary.
Could the project operate with less funding?
Add additional pages if necessary.
Will the project continue after the PIN funds end?
Yes No~, (If yes, what sources of funding will you use?)
Add additional pages if necessary.
EXPENSE CATEGORY
Equipment/Supplies
Project Materials - Fv~
Professional Services
Contracted Improvements
Other Costs (List)
ESTIMATE PROJECT COST BREAKDOWrd
PIN FUNDS
Add additional pages if necessary.
OTHER FUNDS
LIST SOURCE OF OTHER FUNDS
TOTALS
* ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
PROGRAM FOR IMPROVING NEIGHBORHOODS
Name of Project: Name of Neighborhood Association:
Alley resurfacing
Longfellow Neighborhood Association
Name/Address/Phone Numbers of Contact
Persons:
Loraine Bowans
510 South Govemor
Iowa City, Iowa 52240
354-7358
Location of Proposed Project:
Alleys in the Longfellow Neighborhood
Estimated Amount of Funds Requested:
Time Period of Proposed Project:
$1000 From: July 1999 To: June 2000
What are the goals for this project and why is it needed?
The goal of this project is to grade and resurface with fresh rock a number of alleys in the
neighborhood that were not resurfaced with last year's similar PIN grant. This project was very
successful and well received last summer. There were some alleys we could not resurface with last
years funds and there are now some alleys not requesting resurfacing last summer that are now
requesting resurfacing. Most alleys in the Longfellow area are not surfaced with concrete or asphalt
and with repeated use they develop pot holes and uneven surfaces. Alleys are not routinely
maintained by City crews. The City will grade an alley on request by residents at no cost to the
residents, but the responsibility for maintaining an alley lies with the homeowners served by the
alley. In the past city crews have resurfaced some alleys with recycled road asphalt chips. However,
this repair does not last long and recently there has not been enough of this material to fill requests
made by residents. The City will haul and lay down rock purchased by the homeowners.
This project will make available a supply of rock that the residents in a particular alley can request be
delivered by City crews and spread on their particular alley. Since some residents prefer their alley
remains in poor condition to discourage unsafe speeds and outside traffic from using the alley, the
project does not want to encourage resurfacing of these alleys. If all the residents served by the
alley do not agree with the resurfacing plan, the alley will not be resurfaced using project funds.
General List and description of Activities and Estimated Time Line
May-June 1999
An "Alley Leader' from each alley block will be identified and recruited. These volunteers will canvas all the
residents served by their particular alley via printed letter and personally to determine those wanting their
particular alley graded and resurfaced with new rock.
July 1, 1999
Those groups of residents wanting the resurfacing done will contact the Project Contact Person by July 1
deadline. The rock will be dispersed on a first-come-first-served basis. The Project Contact Person will
then arrange with the Streets Department to deliver, grade and resurface those particular alleys.
July 1999- June 2000
Resurfacing will take place in designated alleys. If is appears the City crew can not resurface all the
selected alleys the project during the summer and fall, those left will be done the following year.
Describe the process used to solicit neighborhood input into this funding request and summarize results:
During our February 1997 general meeting we solidted ideas for PIN projects and discussed each. The
resurface project was discussed at length and deemed workable as a PIN grant project. In our March
newsletter we also asked readers to call with additional suggestions. Our grant application was accepted
and the project was completed. At our February 1999 general meeting, it was suggested and approved to
apply for additional funds to complete the remaining alleys requesting resurfacing.
List of names of potential resources that will be utilized in this project:
1. Loraine Bowans, contact person
2. Longfellow residents: "Alley Leaders"
3. IC Streets Department
Type Status
Volunteer Cash Antidpated Committed
Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain.
Yes, it will benefit those with low income and those on fixed income who will have difficulty paying for the
rock for their portion of the alley. It will avoid their pain of having to tell their neighbors they can't afford the
rock.
Could the project occur without PIN funding?
Yes, some portions of alleys will be resurfaced as has occurred in the past, but the majority will remain pot
holed and unsightly.
Could the project operate with less funding?
Yes, the project would use and appreciate whatever funds were awarded. With less funding there will be
less rock available and will be dispersed on a first come first served basis.
Will the project continue after the PIN funds end?
This project will end with the resurfacing complete.
EXPENSE CATEGORY
Equipment/Supplies
road gravel
Project Materials
Professional Services
Contracted Improvements
Other Costs (List)
ESTIMATE PROJECT COST BREAKDOXVN
NIP FUNDS OTHER FUNDS
$1000
???
LIST SOURCE OF OTHER FUNDS
IC Streets Department
TOTALS $1000 $
Cost of rock: $5.75/ton
Estimated cost per 300' alley: 14-21 tons depending on the condition of the existing surface
Number of 300' sections of alleys in the neighborhood: 16' estimate, however many alleys requesting resurfacing were done with last
year's PIN grent funds.
PROGRAII~ FOR IMPROVING IVEIGHBORHOOD~
Name of Project:
Benton Street Park Sidewalk
Name/Address/Phone Numbers of Contact Persons:
Ginny Rew
302 W. Benton St
Iowa City, IA 52246
Phone: 354-5182
Name of Neighborhood Association:
Miller-Orchard
Location of Proposed Project:
South side of Benton Street from Miller Avenue to the 2 acre Southgate property
across from Roosevelt School,
Estimated Amount of Funds Requested: Time Period of Proposed Project:
$ 5,000 From: 7199 To: 6100
General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years)
Installation of temporary sidewalk to park along south side of Benton Street from Miller Avenue to park site on hill. Parkland acquisitions funds provided by the
Community Development Block Grant program are expected to be approved by the City Council in May. As there is no pedestalann access to the park, a, sidewalk
needs to be installed along Benton Street to the park land. As soon as the parkland is purchased and developed, hopefully this spdngisummer, we will need the
sidewalk. Neighbors have indicated that they will be willing to help with the labor.
Add additional pages if necessary.
Describe the process used to solicit neighborhood input into this funding request and summarize results:
Petition circulated for support of park acquisition for CDBG funding included "willingness to participate" section. About 150 signatures were obtained in the short time
we had to circulate it.
List the names of potential resources (neighborhood and other) that will be utilized in this project:
1. Neighbors - Neighbors can help perhaps plant grass seed around the sidewalk after it is
completed, and help clean up after the construction of the sidewalk.
2. City technical resources to solicit bids and properly locate sidewalk
Neither Parks and Recreation money nor CDBG money is available to fund the entire project.
It is, however, likely that Parks and Recreation would fund any outstanding balance if the
$ 5,000 weren't enough.
Volunteer
xl
Add additional pages if necessary.
Type
Status
Cash Anticipated Committed
1"'12 x3 x4
E] 3 Q14 1'115 1"116
1'1 7 Q18 E] 9 1'120
Q21 E ]22 E ]23 E32.4
E39 xlo
' PRo RA,., ,=oRIVE, GHSORHOOZ S
What are the goals for this project and why is it needed?
Our goal is to provide access to the proposed park from the east. There is no sidewalk currently there.
sidewalk for safe access.
We need a
Add additional pages if necessary.
Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain.
Yes. Any of the above who live in our neighborhood will benefit from this sidewalk for safe access from the east of the
park. Many young families with children live on Douglass Court, Miller, Hudson, Benton, and Giblin.
Add additional pages if necessary.
Could the project occur without PIN funding?
Parks and Recreation Department has informally suggested that they could fund any overruns.
Add additional pages if necessary.
Could the project operate with less funding?
No. In fact, we estimate a minimum of $6,000 for the project, but are hoping that we can somehow do it for $5,000.
Will the project continue after the PIN funds end?
Yes X No (If yes, what sources of funding will you use?)
Add additional pages if necessary.
The sidewalk will serve as access to the park until Benton Street has a major reconstruction (7-8 years from now,
according to City Planners) when a permanent sidewalk will be installed.
EXPENSE CATEGORY
Equipment/Supplies
Project Materials
Professional Services
Contracted Improvements
Other Costs (List)
Add additional pages if necessary.
ESTIMATE PROJECT COST BREAKDOWN
PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS
$ 5,000
TOTALS
$ 5,000
* ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
PRO~RAIIXl FOR IMPROVING IVEIGHBORHOOD8
Name of Project:
Consulting Fees for Benton Street Park
Name/Address/Phone Numbers of Contact Persons:
Ginny Rew
302 Benton St
Iowa City, IA 52246
Name of Neighborhood Association:
Miller Orchard Neighborhood Association
Location of Proposed Project:
Benton Street Park, south of Roosevelt School
Estimated Amount of Funds Requested:
$ 5000
General List and Description of Activities with estimated time line:
Time Period of Proposed Project:
From: 7199 To: 6~00
I
(please indicate if this project will or could be phased over a number of years)
Consulting with professionals for park planning as soon as the parkland is purchased. The park planning process needs to occur prior to other parkland improvements
occurring. The process would involve meetings with neighbors for input into what we want in our park and how we would like it designed. Our preliminary meeting to
discuss general concepts (without the consultant)is scheduled for April 15, 1999 at Roosevelt School to brainstorm. After land is purchased we will work with the Park
and Recreation Department to determine a consultant and then establish a schedule of a series of meetings with the consultant.
Describe the process used to solicit neighborhood input into this funding request and summarize results:
Add additional pages if necessary.
150 signatures on petitions have indicated a need for a park. The petition also included language stating that these people would also be interested in participating in
the planning process for the park.
List the names of potential resources (neighborhood and other) that will be utilized in this project:
Add additional pages if necessary.
Volunteer Cash Anticipated Committed
1. Neighbors to meet with consultants to plan xl E32 x3 x4
2. Parks &Recreation will be involved as well as to approve final plans r'~5 [']6 x7 [~
3. E:39 I'1~o Q~ E3~2
4. i'h3 Q~4 I'1~5 Q~6
5. 1"1~7 I'l~a 1"]~9 Q20
6. ['321 [']22 Q23 [']24
Type Status
What are the goals for this project and why is it needed?
To provide adequate planning for our park before we move forward in other ways with equipment, plantings, earth-
moving.
Add additional pages if necessary.
Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain.
Yes. According to the last census we are a 72% low-income neighborhood. There are many young families with small
children in our neighborhood, especially on Miller, Hudson, Douglass, Douglass Court, Orchard, Giblin and Benton.
Elderly are dispersed throughout the neighborhood in smaller numbers, but there are a number who have lived here their
whole adult lives.
Add additional pages if necessary.
Could the project occur without PIN funding?
Parks and Recreation will develop the park over a number of years. We have waited 30 years already for a park so are
anxious to speed up the completion of the park. The park planning will be the first step toward realization of a park. If
we get PIN grant money for this, then any other allocated money can go toward earth-moving or equipment for the
park. Whatever PIN grant money we receive means moving toward completion and a usable park more quickly.
Could the project operate with less funding?
Add additional pages if necessary.
Probably, but other park needs would then be put on hold for more years.
Will the project continue after the PIN funds end?
Yes No x (If yes, what sources of funding will you use?)
Add additional pages if necessary.
Not the park planning, but the park development will and the park itself will be there indefinitely.
EXPENSE CATEGORY
Equipment/Supplies
Project Materials
Professional Services
Contracted Improvements
Other Costs (List)
Add additional pages if necessary.
ESTIMATE PROJECT COST BREAKDOWN
PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS
5,000
TOTALS
~ 5,000 ~ $
* ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
PRO~RAN! FOR IMPROVING NEIGHBORHOOD~
Name of Project:
~I ~iD ~Z~/ T/~ T
Name/Address/Phone Numbers of Contact Persons:
I '
Estimetad Amount of F~,nds Requested:
Name of Neighborhood Association:
Location of Proposed Projed:
Time Period of Proposed Project:
F,om: J-~-~ qq To: Ju~ ,2z2z~o
General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years)
~F,_U_, ~c_p_~--~--~'~ ~ Add additional page, if neces,ary.
List the names of potential resources (neighborhood and other) that will be utilized in this project
Add additional pages if necessary.
Type Status
Volunteer Cash Anticipated Committed
~. t~E, LL- D"AC.~Sz~/J ~ T~vqCkzEf ) ~a~ F'12 E]3
2. 5/~ 6p~m~ class Us E]s El7
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5. JF-F/:: 5L./-/BfJIL]atJ [:~17 Q18 [~9 I]20
6. Z O/~/}//JE ~Ozx,//4/U-5 [2~21 ["]22 EZ]23 [~24
What are the goals for this project and why is it needed?
Add additional pages if necessary.
Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain.
Add additional pages if necessary.
Could the project occur without PIN funding? .
Add additional pages if necessary.
Could the project operate with less funding?
Add additional pages if necessa~.
Will the project continue a~er the PIN funds end?
Yes ~ No__ (If yes, what sources of funding will you use?)
EXPENSE CATEGORY
Equipment/Supplies
Project Materials
Professional Services
Contracted Improvements
Other Costs (List}
ESTIMATE PROJECT COST BREAKDOWhl
PIN FUNDS
Add additional pages if necessary.
OTHER FUNDS
LIST SOURCE OF OTHER FUNDS
TOTALS $ $ $
* ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
Name of Project
Name/Address/Phone Numbers of Contact Persons:
:z. I,q R.,~,st-q Or,.
Z'ou.,, ~ <:::,"t'y, ~'~ ..5'z.,,z,'-t O
Name of Neighborhood Association:
Location of Proposed Project
~o~ 7'~/or ~
Estimated Amount of Funds Requested:
Time Period of Proposed Project:
Fro.,: ,T. ly I~ ~q~o:
General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years)
Add additional pages if necessary.
Describe the process used to solicit neighborhood input into this funding request and summarize results:
u-,-,J 67
/2 lC "/2~'~z~" ;6 c/~--(__~e Z Add additional pages if necessary.
List the names of potential resources (neighborhood and other) that will be utilized in this project
Type
Volunteer Cash Anticipated
4. Q13 Q14 Q15
5. Q17 Qle Q19
6. G1 Q22 Q23
Status
Committed
tE~12
E]16
1"]20
["324
IMPROVING NEIGHBORHOODS
What are the goals for this project and why is it needed?
Add additional pages if necessary.
Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain.
~ f Add additional pages if necessary.
Could the project occur without PIN funding?
Could the project operate with less funding?
/~,
Add additional pages if necessary.
Add additional pages if necessary.
Will the project continue after the PIN funds end?
Yes ~' No (If yes, what sources of funding will you use?}
~-~,',~~/~'~, I; ,~ w~ ~---f ~~r~ ~/~Z~.
EXPENSE CATEGORY
Equipment/Supplies
Project Materials
Professional Services
Contracted Improvements
Other Costs (List)
Add additional pages if necessary.
ESTIMATE PROJECT COST BREAKDOWN
PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS
TOTALS
* ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
PC.. D RFPAI'~TMF:::NT
PROGRAM FOR IMPROVING NEIGHBORHOODS
I Name of Project
Name/Address/Phone Numbers of Contact Persons:
~o/i/~nr__,'o,~,'
Name of Neighborhood Association:
iJ~+~rby Fr;~,/~' ~,~ A/'~'d A
Location of Proposed Project
d~,/-~<v-AX
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Estimated Amount of Funds Requested:
,
Time Period of Proposed Proig, ct:
General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years)
Add additional pages if necessa~.
Describe the process used to solicit neighborhood input into this funding request and summarize results:
Add additional pages if necessary.
List the names of potential resources (neighborhood and other) that will be utilized in this project
Volunteer
J~l
F'313
F"}17
EQ21
Type
Cash
[]2
[]14
E]22
Status
Anticipated
["}3
['17
FIll
["]15
1"]19
1"~23
Committed
E~]16
F']2o
E]24
Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain.
Add additional pages if necessary.
Could the project occur without PIN funding?
Could the project operate with less funding?
Add additional pages if necessary.
Will th~ project continue after the PIN funds end?
Yes//~ No A/ (If yes, what sources of funding will you use?)
Add additional pages if necessary.
EXPENSE CATEGORY
Equipment/Supplies
Project Materials
Professional Services
Contracted Improvements
Other Costs (List)
Add additional pages if necessary.
ESTIMATE PROJECT COST BREAKDOWN
PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS
TOTALS
* ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
-'o~"'~<', Mz~R 01 1999
PROGRAM FOR IMPROVING NEIGHBORHOODS
Name of Project:
Name/Address/Phone Numbers of Contact Persons:
D,-,,~/4r,.~,
Name of Neighborhood Association:
i~l~h~ by Fr;~-~'
Location of Proposed Project:
,l. ~ oo T.~ y lo," /],..
Estimated Amount of Funds Requested:
Time Period of Proposed Project:
From://~y ,],(~D To:
General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years)
Add additional pages if necessa~.
Describe the process used to solicit neighborhood input into this funding request and summarize results:
pre~+ed ~oc $he- J~-~,
Add additional pages if necessary.
List the names of potential resources (neighborhood and other) that will be utilized in this project
:. Do--,./57~ ~-,'---,--- r
2. Cl~-r/~ H e/~.'l~y
5.
Type
Volunteer
l~13
1"117
E321
Cash
1"'12
E310
E]14
F'122
Status
Anticipated
E311
E~15
E319
E323
CommiUed
~8
~12
~16
["]20
E~24
Add additional pages if necessary.
Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain.
I'~,,'~ fms,d',~cf-- y.-.,'.,z-(.~ /'! e It I~,c, /,4c.a..t,.-e ;, ,
Could the project occur without PIN funding?
Could the project operate with less funding?
Add additional pages if necessary.
Add additional pages if necessary.
Will the project continue after the PIN funds end?
Yes/Y' No tY' (If yes, what sources of funding will you use?)
~t/n~ '0 ac~ c/~9
EXPENSE CATEGORY
Equipment/Supplies
Project Materials
Professional Services
Contracted Improvements
Other Costs (List)
Add additional pages, if necessary.
ESTIMATE PROJECT COST BREAKDOWhl
PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS
$ 133 z,/, DO $
TOTALS
* ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
/
t~RO~RAil/I FOR II~IPROVIN~ tVEIGHBORHOOD~
Name of Project:
Benton Street Park Improvements
Name/Address/Phone Numbers of Contact Persons:
Ginny Rew
302 W. Benton Street
Iowa City, Iowa 52246
Name of Neighborhood Association:
Miller Orchard Neighborhood Association
Location of Proposed Project:
Benton Street Park, south of Roosevelt School
Estimated Amount of Funds Requested:
$ 5000.00
Time Period of Proposed Projec~
From: 7~99 To: 6100
General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years)
The Miller Orchard Neighborhood Association hopes to receive final approval for acquisition of parkland in their neighborhood by the City Council in May 1999.
Parkland development funds are not expected to be available at this time. The neighborhood is asking for $5000 in order to make some immediate improvements to the
park. Some potential uses for the funds included site preparation, playground equipment, picnic tables/grills, landscaping materials, etc. In two other PIN grant
applications, the neighborhood has requested the installation of a sidewalk along Benton Street and consultant fees for parkland planning. The parkland planning
process, if funded, would occur within the next few months and these funds would be directed towards improvements determined through that process.
Describe the process used to solicit neighborhood input into this funding request and summarize results:
150 signature on petition indicating need for park. 30 years of meeting pursuing parkland in our neighborhood.
Add additional pages if necessary.
List the names of potential resources (neighborhood and other) that will be utilized in this project:
Add additional pages if necessary.
Type
Volunteer Cash Anticipated
1. Park and Recreation Department - potential contribution to offset costs of improvements [] 1 x2 x3
2. Neighbors - help in landscaping, equipment installation, etc. x5 [~6 E~7
3. B D10 ["ll 1
4. E]13 []14 J"~15
5. E317 F'118 E]19
Status
Committed
x8
E312
[]16
E320
NEIGHBORHOODS
What are the goals for this project and why is it needed?
The goals of this project will be to make improvements the Benton Street Park area sooner than could be funded
through the Park and Recreation budget. The neighborhood has wanted a park for decades. To see something done
soon would be a great moral booster for the area.
Add additional pages if necessary.
Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain.
Yes, according to the last census, we are a 72% low/moderate-income neighborhood. There are many young families
with small children in our neighborhood.
Add additional pages if necessary.
Could the project occur without PIN funding?
The Park and Recreation Commission agreed to prioritize this park area for development if we were successful in
receiving acquisition funding assistance. It is likely that funding could be available but unlikely it would be available as
soon as July 1999.
Add additional pages if necessary.
Could the project operate with less funding?
Yes, just less improvement could be made.
Will the project continue after the PIN funds end?
Yes X No (If yes, what sources of funding will you use?)
Add additional pages if necessary.
The Park and Recreation Commission agreed to prioritize this park area for development funding and it would be likely
that improvement work will continue for years.
Add additional pages if necessary.
ESTIMATE PROJECT COST BREAKDOWN
PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS
95000.00 ~
EXPENSE CATEGORY
Equipment/Supplies
Project Materials
Professional Services
Contracted Improvements
Other Costs (List)
TOTALS
95000.00 ~ ~
* ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
Exciting Neighborhood News
Members of the Iowa City and Coralville communities have been working for years to establish bike trails
,r recreation and transportation. Federal and local funds will be used to construct a section this trail
tWillow Creek Trail) from Mormon Trek to HWY. 218 south of West High School and Fareway (see
map) in late 1997.
Several West Side Neighborhoods are interested in adding to Willow Creek Trail and are preparing gran
applications for Program for Improving Neighborhoods (PIN) grant funds of $5000.00 each. This trail
would provide not only a bike recreation trail access from West High's entrance to Willow Creek
Park, but also a safe paved pedestrian access for the hundreds of students who must walk to West High
from the south.
The neighborhoods must first work with the Iowa City Community School District representatives
to gain their support. We realize these grants can only get the ball rolling but with your support w
can add priority to the request.
You can help in this effort by:
1 .Writing letters of support to West High Principal Jerry Arganbright, 2901 Melrose Avenue, 52246,
with a copy to 509 South Dubuque, 52240, Attention: School Board, Dr. Grohe, and Mr. Palmer.
2.Contributing donations you might care to make to the project by sending your check to:
Iowa City Community School District Foundation, earmarked for the West High trail.
3.Contacting your neighborhood representative to offer help in contacting other interested
groups, collecting petition names, etc.
WORKING TOGETHER WE CAN MAKE A DIFFERENCE!
kIiLLR0~J~. 4~
WEST HIGH SCHOGL
LEGEND
Propoled location of trail
Willow Creek ~)
Trail
Prepared by: Chuck Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 356-5141
RESOLUTION NO. 99-166
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT 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 PROJECT.
WHEREAS, Langman Construction, Inc. of Rock Island, Illinois has submitted the lowest
responsible bid of 94,946,238 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:
The contract for the construction of the above-named project is hereby awarded to
Langman Construction, Inc. of Rock Island, Illinois, subject to the condition that
awardee secure adequate performance 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 bond, insurance certificates, and contract compliance
program statements.
Passed
and approved this 18th
day of May , 1999.
ATTEST:CiTy;2'~E~('P >//'K. ~~
Approved by
City Attorney's Office
It was moved by Thornberry
and upon roll call there were:
and seconded by
Vanderhoef the Resolution be adopted,
AYES:
NAYS:
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
pweng~strwlr.doc
ADVERTISEMENT FOR BIDS
IOWA CITY STREET & WATER FACILITY
IMPROVEMENTS
Division 1: Foster Road Improvements
Division 2: Water Facility Site Development -
Phase II Improvements
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 5th day of May, 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 May 18, 1999, or at
such later time and place as may be scheduled.
The Project will involve the reconstruction and
extension of Foster Road, construction of bike
trails and access roads. The Project will involve
the following: P.C.Concrete paving, A.C.Concrete
paving, excavation & grading, installation of 12"-
30" dia. DIP water distribution system, 24" & 30"
bored and cased water main, 12" dia. PVC truss
sanitary sewer, 12"- 36" dia. storm sewer
system, retaining wall structure, erosion control,
seeding & sodding, site electrical.
All work is to be done in strict compliance with
the plans and specifications prepared by Howard
R. Green Company, 4685 Merle Hay Road, Suite
106, Des Moines, IA 50322, 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 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
untie 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
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:
Notice to Proceed Date: May 20, 1999
Completion Date: September 15, 2000
Liquidated Damages: $400.00 per day
See Section 01010 Part 1.07 for Intermediate
Project Completion dates and their respective
liquidated damages.
The plans, specifications and proposed contract
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 Howard R. Green
Company, Consulting Engineers, 4685 Merle Hay
Road, Suite 106, Des Moines, IA 50322-1966, by
bona fide bidders.
A $100.00 deposit 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 Howard R.
Green Company. A refund of $50.00 per set will
be given upon return of said plans and
specifications in good and usable condition within
10 days after the receiving of bids.
Prospective bidders are advised that the City of
Iowa City desires to employ minority 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
subcontract, This list shall include the type of
work and approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with
quantities, unit prices and extended dollar
amounts. If no minority business enterprises
(MBE) are utilized, the Contractor shall furnish
documentation of all reasonable, good faith
eftotis to recruit MBE's.
A listing of minority contractors 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
required under Iowa Statutes. The Iowa
Reciprocal Preference Act, Section 23.21, Code
of Iowa (1997), applies to the contract with
respect to bidders who are not Iowa residents.
The awarded bid will not be selected solely on
the basis of low bid alternative for portland
cement concrete or asphalt cement concrete.
The award will be made on basis of the
alternative which, in the City's opinion, is in the
best overall interest of the City as determined by
the City Council. 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
Prepared by: Chuck Schmadeke, Dir. of Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5141
RESOLUTION NO. 99-167
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING'THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY
STREET AND WATER FACILITY IMPROVEMENTS PROJECT - DIVISION 1:
FOSTER ROAD IMPROVEMENTS AND DIVISION 2: WATER FACILITY SITE
DEVELOPMENT - PHASE II IMPROVEMENTS PROJECT.
WHEREAS, the City of Iowa City has received bids for 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 Project ("Project"); and
WHEREAS, it is desirable for Howard R. Green Company to provide construction administration,
construction observation and construction survey services during the Project; and
WHEREAS, an Agreement for professional engineering services has been negotiated with and
executed by Howard R. Green Company of Cedar Rapids, Iowa; and
WHEREAS, this City Council has been advised and does believe that it would be in the best
interest' of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green
Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT, the Consultant Agreement by and between the City of Iowa City, Iowa, and Howard
R. Green Company for the provision of engineering services, attached hereto and made a part
hereof, is in the public interest, and hereby approved as to form and content.
AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and
directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa
City.
Passed and approved this
A TT E S T: Ci~7~,,Mi~,~ ~
18th day of _~~/~v/ , . _
'~AYOR '' '/~2~' ~
Approved by
It was moved by Thornberry
adopted, and upon roll call there were:
AYES:
X
X
X
X
X
X
X
pweng\res\hrgreen2doc
and seconded by
NAYS:
Norton
the Resolution be
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered intothis I E~ *~ day of 'Tfl 1999,
by and between the City of Iowa City, a municipal corporation, hereina~er i'~ef~ed to as the ~ity and
Howard R. Green Company, hereina~er referred to as the Consultant.
WHEREAS, the City desires to secure the services of the Consultant-to provide construction
administration, construction observation, and construction survey services related to the Iowa City
Street and Water Facility Improvements, Division 1: Foster Road Improvements, Division 2: Water
Facility Site Development- Phase II Improvements.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract
with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
A. Construction Administration
Construction Administration will consist of office based consultant services to assist the
City in implementing construction contracts. Consultant shall provide the following
services:
1. Arrange and conduct a pre-construction conference with contractors, suppliers,
utilities and City Staff.
2. Arrange and conduct a pre-construction meeting with area residents to give them
an overview of the project and expected construction schedule.
3. Review acceptability of shop drawings, materials and equipment proposed by the
Contractor.
4. Make timely visits to the Project during the course of construction and upon
request of the City. Visits shall be on average of once per month.
5. Assist the City in preparing and reviewing Pay Requests and Change Orders as
required by the construction.
6. Answer questions from Contractors with respect to the construction and the intent
of the contract documents.
7. Assist the City Engineering Department in responding to public concerns, project
information requests, and preparation of press releases. Includes periodic
mailings to the residents on construction progress, schedule, and phase
changes.
8. Conduct a Pre-Final Inspection with the City Staff, and Contractor to develop a
punch list of items to be completed for project closeout.
9. Conduct a Final Inspection with the City Staff, and Contractor to determine if the
project has been fully completed in accordance with the Contract Documents.
-1-
B. Construction Observation
Construction observation will consist of on-site resident observation of the
construction work. This will consist of providing field-testing of construction
methods and materials incorporated into the project an~i preparing wdtten reports
that document compliance or non-compliance of the construction methods and
materials·
Written reports and documentation shall consist of final record drawings, daily
construction logs, working day reports, photo logs, and preparation of change
orders, pay requests and project closeout documentation.
When the Consultant provides on-site observation personnel as part of services
during construction under this Agreement, the on-site observation personnel will
make reasonable efforts to guard the City against defects and deficiencies in the
work of the Contractor(s), and to help determine if the provisions of the Contract
Documents are being fulfilled. Day-to-day observations will not, however cause
the Consultant to be responsible for those duties and responsibilities which
belong to the construction Contractor(s), including but no limited to, full
responsibility for the means, methods, techniques, sequences, and progress of
construction, and the safety precautions incidental thereto, and for performing the
construction work in accordance with Contract Documents.
Includes miscellaneous construction staking items that are excluded from the
construction survey tasks.
C. Construction Survey
Construction Survey will consist of the following tasks to be
Consultant:
1. Grading:
performed by the
a. Construction limits will be marked at 100' intervals and at break points.
b. Slope stakes at 50 foot intervals will be provided for: bike paths, roadways
and channels.
c. Graded offset stakes will also be provided to center line or shoulder line
elevation.
d. Control points will be referenced prior to disturbing the area and after
grading and paving is completed, the control points will be reset. Includes
setting of property pins for the right-of-way on the project, according to the
right-of-way plats obtained by the City.
Pipe Culverts
a. Centerlines (roadway and culvert).
b. Flow line elevations at inlet, outlet, and breaks.
Pavement
a. Elevations (paving hubs) on both sides at 50 foot intervals with 25 foot
intervals on horizontal and vertical curves.
b. Alignment (tack line) on one side.
Sanitary, and Storm Sewer
a. Centerline offsets.
-2-
b. Flow line elevation.
c. Manhole elevation and locations.
Intakes and Manholes
a. Location (includes back of curb line where applicable).
b. Elevation of top and base.
Raw and Finished Water Mains
a. Alignment and elevation offsets.
b. Locate valves and hydrants.
Electrical System
a. Centerline offsets of electrical service lines at 100' intervals.
b. Locations and elevations of transformer pads.
Others
a. Provide location and elevation stakes to facilitate utility relocation. This
shall include key location points for poles, manholes, utility boxes and
mainline locations at 100' intervals.
The above task consists of providing one-time construction staking for the project to
establish the line and grade for the proposed improvements. Replacement costs of any
survey stakes or marks that are destroyed or disturbed by the Contractor shall be
charged as extra work to the Contractor.
Construction staking for removals, silt fence, revetment limits, finish grade stakes (blue
tops), erosion control lining, tracer wire daylights, longitudinal subdrains, surface
restoration, landscaping, traffic control, signing and pavement markings, rock
excavation volumes, and other miscellaneous items are not included in this scope of
services. It is assumed that the on-site construction technician for the project will
provide these services. Existing and final cross-sections for earthwork computations
are also not included in the above.
D. Additional Services
Additional Services are not included in this Agreement. If authorized under a
Supplemental Agreement the Consultant shall furnish or obtain from others the
following services:
1. Construction Geotechnical Services
II. TIME OF COMPLETION
Compensation for the above-outlined services is based on the following construction
schedule:
1999 Construction - May 1999 through November 1999
2000 Construction - April 2000 through September 2000
III. GENERAL TERMS
-3-
Ao
The Consultant shall not commit any of the following employment practices and agrees
to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, martial status, seXUal orientation or gender
identity.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability,
age, marital status, sexual orientation or gender identity.
Should the City terminate this Agreement, the Consultant shall be paid for all work and
services performed up to the time of termination. However, such sums shall not be
greater than the "lump sum" amount listed in Section IV. The City may terminate this
Agreement upon seven (7) calendar days' written notice to the Consultant.
This Agreement shall be binding upon the successors and assigns of the parties hereto,
provided that no assignment shall be without the written consent of all Parties to said
Agreement.
It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be exclusive,
but the Consultant shall have the right to employ such assistance as may be required
for the performance of the Project.
It is agreed by the City that all records and files pertaining to information needed by the
Consultant for the project shall be available by said City upon reasonable request to the
Consultant. The City agrees to furnish all reasonable assistance in the use of these
records and files.
It is further agreed that no Party to this Agreement shall perform contrary to any state,
federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
At the request of the City, the Consultant shall attend such meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City shall
be given with reasonable notice to the Consultant to assure attendance.
The Consultant agrees to furnish, upon termination of this Agreement and upon demand
by the City, copies of all basic notes and sketches, charts, computations, and any other
data prepared or obtained by the Consultant pursuant to this Agreement without cost,
and without restrictions or limitation as to the use relative to specific projects covered
under this Agreement. In such event, the Consultant shall not be liable for the City's
use of such documents on other projects.
The Consultant agrees to furnish all repods, specifications, and drawings, with the seal
of a professional engineer affixed thereto or such seal as required by Iowa law.
-4-
Jo
The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with this
Agreement shall constitute grounds for the City to withhold payment of the amount
sufficient to properly complete the Project in accordance wffh this Agreement.
Should any section of this Agreement be found invalid, it is agreed that the remaining
portion shall be deemed severable from the invalid portion and continue in full force and
effect.
Original contract drawings shall become the property of the City. The Consultant shall
be allowed to keep mylar reproducible copies for the Consultant's own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project will
be paid by the City.
Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa
Code prohibits a City officer or employee from having an interest in a contract with the
City, and certifies that no employee or officer of the City, which includes members of
the City Council and City boards and commissions, has an interest, either direct or
indirect, in this agreement, that does not fall within the exceptions to said statutory
provision enumerated in Section 362.5.
IV. COMPENSATION FOR SERVICES
Vm
A. The fee for engineering services related to the Construction Administration Scopeof
Services is a Lump Sum Fee of $69,500.00
B. The fee for engineering services related to the Construction Observation Scope of
Services is a Lump Sum Fee of $228,000.00
C. The fee for engineering services related to the Construction Survey Scopeof Services
is a Lump Sum Fee of $187,500.00
D. Total Lump Sum Fee for Construction Phase Services is $485,000.00
MISCELLANEOUS
All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this Agreement, that it is the entire Agreement, and 'that
no other monies or considerations have been solicited.
-5-
VI. INSURANCE/INDEMNIFICATION/RISK ALLOCATION
A,
Consultant will maintain insurance for claims under the Worker's Compensation Laws,
and from General Liability and Automobile claims for bodily injury, death, or property
damage arising from the negligent performance by the ConSUltant's employees of the
functions and services required under this Agreement,
Consultant is skilled in the professional calling necessary to the services and duties
proposed to be performed, and that it shall perform such services and duties in
conformance to and consistent with the standards generally recognized as being
employed by professionals of Consultant's same locality, and to that end Consultant
agrees to purchase insurance for Consultant, its officers, and employees from and
against any and all liability, claims, suits, loss, damages, costs, and expenses arising
out of or resulting from any negligent acts, errors, or omissions of Consultant, its officers
and employees, in the performance of their services and duties hereunder, but not from
the negligence or willful misconduct of City, its officers, and employees.
FOR T ~Z/iFt_j3OR THE CONSULTANT
Title: Mayor Title:
Date: Ma.y 18, 1999 Date:
O:\PROJ\517190p\contracts\agreement.doc
Approved By
City Attorney's Office
R. Dan Lovett, Vice-President
-6-
City of Iowa City
MEMORANDUM
/?
Date:
To:
From:
Re:
May 13, 1999
Steve Arkins, City Manager
Chuck Schmadeke, Director of Public Works
Foster Road Construction Phase Services
Given the limitations on in-house staff, it will be necessary to contract for
construction administration, inspection and survey staking of the Foster Road
Project. A contract has been negotiated with Howard R. Green for a price of
$485,000.
05-'t 8-99
19
Prepared by: Chuck Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141
RESOLUTION NO.
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF
THE IOWA RIVER DAM RENOVATION.
WHEREAS, Cramer and Associates, Inc. of Des Moines, Iowa has submitted the lowest
responsible bid of $1,890,517 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
Cramer and Associates, Inc., 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 day of ,1999.
ATTEST:
CITY CLERK
MAYOR
r d by .
City Attorney's Office
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
pwengVes~iariwdarn2.doc
the Resolution be
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
ADVERTISEMENT FOR BIDS
IOWA CITY WATER DIVISION
IOWA RIVER DAM RENOVATION
PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the12th day of May. '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 May 18, 1999, or at such later time and place
as may be scheduled.
The Project will involve the following:
Repair of Iowa City Dam on the Iowa River with
replacement of west abutment, repair of east
abutment, addition of east wing, and installation of
new pedestrian/bicycle path over dam and other
improvements.
All work is to be done in strict compliance with
the plans and specifications prepared by Howard
R. Green Company, 4685 Des Moines, 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 period 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 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:
Completion Date: November 1, 2000.
Liquidated Damages: $400.00 per day.
The plans, specifications and proposed contract
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 Howard R. Green Company, Consulting
Engineers, 4685 Merle Hay Rd., Des Moines,
Iowa, by bona fide bidders.
A $100 deposit 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 Howard R. Green
Company. A refund of $50 per set will be given
upon return of said plans and specifications in
good and usable condition within 10 days after the
receiving of bids.
Prospective bidders are advised that the City of
Iowa City desires to employ minority 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
subcontract. This list shall include the type of work
and approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors 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 required
under Iowa Statutes. The Iowa Reciprocal
Preference Act, Section 23.21, Code of Iowa
(1991), applies to the contract with respect to
bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARlAN K. KARR, CITY CLERK
City of Iowa City
MEMORANDUM
Date:
To:
Frorn:
Re:
May 13, 1999
Steve Atkins, City Ivlanager
Chuck Schmadeke, Director of Public Works
Towa River Power Dam Bids
Six bids were received for renovation of the Towa River Power Dam ranging from
$1,890,517 to $2,743,562. Three of the six bids were in the $:L.9 M range.
Howard R. Green's estimate for the project was $1,501,400. Although the bids
indicate that the estimate was low, staff recommends not awarding this project.
This recommendation is based on two factors. First, it is possible to postpone
the project without significant risk. Second, additional time can spent to further
evaluate the dam and examine construction techniques which may allow the
design to be altered to reduce the cost of the project.
Cc: Eleanor Dilkes
05-t 8-99
20
Prepared by: Ron O'Neil, Airport Manager, 410 E. Washington St., Iowa City, IA; 319-356-5045
RESOLUTION NO. 99-168
RESOLUTION AUTHORIZING FUNDING FOR RENOVATION OF THE
AIRPORT TERMINAL BUILDING.
WHEREAS, it is the goal of the Iowa City Airport Commission to provide adequate aviation
facilities at the Iowa City Municipal Airport; and
WHEREAS, the proposed renovation of the Airport Terminal Building is part of the 1996 Airport
Master Plan; and
WHEREAS, the Airport Commission and the City of Iowa City have a vested interest in providing
attractive and functional facilities that provide a gateway to the City of Iowa City; and
WHEREAS, renovation of the Airport Terminal Building would be a capital asset to the Airport and
the City of Iowa City; and
WHEREAS, Selzer Werderitsch Associates has submitted the lowest responsible bid in the
amount of $536,600.00 for said project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
that an interdepartmental loan to the Airport to pay for the cost of the renovation of the Airport
Terminal Building is hereby approved.
Passed and approved this
ATTEST: 7}fa.~;----,,- ')
CITY~"t_ERK
18th day~//~ ,1999~~.~
City Attorney's O~ce
It was moved by Thornberry
adopted, and upon roll call there were:
AYES:
X
and seconded by
NAYS:
O' Donne'l 1 the Resolution be
ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
05-'18-99
21
Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121
RESOLUTION NO.
99-169
RESOLUTION OF INTENT TO CONVEY 2774 IRVING AVENUE AND SETTING A
PUBLIC HEARING FOR JUNE 15, 1999.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No.
93-255 approving a Section 5(h) implementing agreement for the conversion of public housing
to private ownership, also known as the Tenant-to-Ownership program; and
WHEREAS, under this agreement the proceeds from such sales must used to expand
affordable housing opportunities in Iowa City; and
WHEREAS, on May 26, 1998, the City Council authorized the reinvestment of such proceeds
for the construction and acquisition of three single family townhouses, including 2774 Irving
Avenue, under Resolution No. 98-191; and;
WHEREAS, the City has received an offer to purchase 2774 Irving Avenue from a family who is
at or below 80% of median income; and
WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership
of their own home; and
WHEREAS, the sale is conditioned on the family receiving a real estate loan from a local
financial institution.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
The City Council does hereby declare its intent to convey its interest in 2774 Irving
Avenue, legally described as Lot 61 of the resubdivision of Lot 51, Walden Hills, Iowa
City, Iowa, according to the plat of said subdivision recorded in Book 38, Page. 327, plat
records of Johnson County, Iowa, for the sum of $111,900.00.
The public hearing on said proposal should be and is hereby set for June 15, 1999, at
7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street,
Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of the
public hearing to be published as provided by law.
Passed and approved this
18th day of
May ,1999.
City Attorney's Office
Resolution No. 99-169
Page ?
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
No~'ton the Resolution be
AYES: NAYS: ABSENT:
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026
RESOLUTION NO. 99-170
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ASSISTED
HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES
DEPARTMENT BY INCREASING THE HOURS OF THE HOUSING INSPECTOR AND
DECREASING THE HOURS OF THE MAINTENANCE WORKER II.
WHEREAS, the City Council functions as the Iowa City Housing Authority; and
WHEREAS, Resolution No. 99-70, adopted by the City Council on March 2, 1999, authorized
permanent positions in the Assisted Housing Division of the Housing & Inspection Services
Department for FY00; and
WHEREAS, the Housing Authority would benefit by increasing the hours of the Housing
Inspector and decreasing the position of the Maintenance Worker II position.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
The budgeted positions in the Assisted Housing Division be amended by:
1. Increasing the position of Housing Inspector from ~ time to full time.
2. Decreasing the position of Maintenance Worker II from full time to ¼ time.
Passed and approved this :18t. h day of May ,1999.
ATTEST: '~~~
CITY CLERK
humanrelVes~isinsp.doc
Resolution No. 99-170
Page 2
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
0548-99
23
Prepared by: Sylvia A. Mejia, Personnel Administrator, 410 E. Washington St., Iowa City; IA 52240 (319) 356-5026
RESOLUTION NO. 99-171
RESOLUTION ESTABLISHING CLASSIFICATION/COMPENSATION
CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE
FOR FY00 AND FY01.
PLANS FOR
EMPLOYEES
WHEREAS, the City of Iowa City employs certain employees referred to as Confidential,
Administrative and Executive personnel; and
WHEREAS, it is necessary to establish position classifications and compensation ranges for
said personnel.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that Confidential/Administrative and Executive employees shall receive
compensation as established by the FY00 and FY01 Confidential/Administrative and
Executive Classification Compensation Plans, as attached.
Passed and approved this 18th
It was moved by Vanderhoef
day of
adopted, and upon roll call there were:
Nay ,199
AYOR
and seconded by 0'Donne] ] the ResOlution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
humanrelVes',con~dern.doc
~DMINISTRATIVE/CONFIDENTIAL PAYPLAN - FY00 (JUNE 26, 1999)
'AYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10
6 mo. 12 too. 18 too. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs.
12.00% 3.50% 3.50% 3.50 % 3.50% 3.50% 3.50% 3. 50%
23
~dmin Clerk/Typist $12.13 $13.59
)ocument Specialist $970.40 $1,087.20
.icense Specialist $25,230.40 $28,267.20
24
.dmin Secretary
:ode Enforce Assist
leputy City Clerk
>perations Specialist
,ssistant to PCRB
$13.13 $14.69
$1,050.40 $1,175.20
$27,310.40 $30,555.20
25
dmin Sec/Rcrds Spr
ersonnel Assistant
rogrammer/Analyst
,ffice Mnger- Library
$14.18 $15.89
$1,134.40 $1,271.20
$29,494.40 $33,051.20
26
dm Asst to Cty Mngr
udgt Mngmnt Anlyst
mrgncy Comm. Supr
quipmerit Shop Super
3gal Assistant
cc. Safety & Tmg Spec
ersonnel Generalist
Programmer/Analyst
'ansit Shop Supervisor
'oduction Coordinator
$15.37 $17.22
$1,229.60 $1,377.60
$31,969.60 $35,817.60
$14.05
$1,124.00
$29,224.00
$15.20
$1~216.00
$31,616.00
$16.46
$1,316.80
$34,236.80
$17.82
$1,425.60
$3~,065.60
$14.54
$1,163.20
$30,243.20
$15.74
$1,259.20
$32,739.2O
$17.04
$1,363.20
$35,443.20
$18.45
$1,476.00
$38,376.00
$15.05
$1,204.00
$31,304.00
$16.28
$1,302.40
$33,862.40
$17.63
$1,410.40
$36,670.40
$19.09
$1,527.20
$39,707.20
$15.58
$1,246.40
$32,406.40
$16.86
$1,348.80
$35,068.80
$18.25
$1,460.00
$37,960.00
$19.76
$1,580.80
$41,100.80
$16.13
$1,290.40
$33,550.40
$17.46
$1,396.80
$36,316.80
$18.88
$1,510.40
$39,270.40
$20.45
$1,636.00
$42,536.00
$16.70
$1,336.00
$34,736.00
$18.08
.$1,446.40
$37,606.40
$19.56
$1,564.80
$40,684.80
$21.17
$1,693.60
$44,033.60
$17.27
$1,381.60
$35,921.60
$18.70
$1,496.00
$38,896.00
$20.25
$1,620.00
$42,120.00
$21.89
$1,751.20
$45,531.20
MAX
$17.38
$1,390.40
$36,150.40
$19.00
$1,520.00
$39,520.00
$20.81
$1,664.80
$43;284.80
$22.73
$1,818.40
$47,278.40
00admin2.xls Page 1
~AYGRADE:
27
kirport Manager
~,nimal Control Supr
~,ssist Supt - Wstwter
~ssist Supt - Streets
~ssist Supt - Water
)ocument Serv Supr
ibmry Coord-Develpmnt
'arking Operations Supr
ransit Operations Supr
STEP1
$16.63
$1,330.40
$34,590.40
STEP 2
6 mo.
5.50%
$17.56
$1,404.80
$36,524.80
STEP 3
12 mo.
5.50%
$18.52
$1,481.60
$38,521.60
STEP 4
18 mo.
5.50%
$19.53
$1,562.40
$40,622.40
STEP 5
2.5 yrs.
3.50%
$20.24
$1,619.20
$42,099.2O
STEP 6
3.5 yrs.
3.50%
$20.95
$1,676.00
$43,576.00
STEP 7
4.5 yrs.
3.50%
$21.67
$1,733.60
$45,073.60
STEP 8
5.5 yrs.
3.50%
$22.44
$1,795.20
$46,675.20
STEP 9
6.5 yrs.
3.50%
$23.22
$1,857.60
$48,297.60
STEP 10
7.5 yrs.
3.50%
$24.04
$1,923,20
$50,003.20
MAX.
$24.87
$1,989.60
$51,729.60
28
,ssist City Attorney
;ustomer Service Mngr
tuman Rights Coord
'urchasing Agent
$18.00
$1,440.00
$37,440,00
$18.99
$1,519.20
$39,499.20
$20.02
$1,601,60
$41,641.60
$21.12
$1,689.60
$43,929.60
$21.87
$1,749.60
$45,489.60
$22.64
$1,811.20
$47,091.20
$23.44
$1,875.20
$48,755.20
$24.25
$1,940.00
$50,440.00
$25.10
$2,008.00
$52,208.00
$25.97
$2,077.60
$54,017.60
$27.22
$2,177.60
$56,617.60
29
able TV Admin
ity ArctJEnergy Coord
ontroller
quipment Supr
lformation Services Coord
elice Sergeant
r Bldng Inspector
r Engineer
r Housing Inspector
arking Manager
3ecial Projects Administrator
· ansit Manager
$19.50
$1,560,00
$4O,56O.00
$20.58
$1,646.40
$42,806.40
$21.72
$1,737.60
$45,177.60
$22.92
$1,833.60
$47,673.60
$23.71
$1,896.80
$49,316.80
$24.56
$1,964.80
$51,084.80
$25.39
$2,031.20
$52,811.20
$26.29
$2,103.20
$54,683.20
$27.23
$2,178.40
$56,638.40
$28.18
$2,254.40
$58,614.40
$29.76
$2,380.80
$61,900.80
00admin2.xls Page 2
~AYGRADE:
30
:~attalion Chief
.~ommunity Dev Coord
:irst Asst City Attorney
.ibrary Coordinator
~olice Lieutenant
~/astewater Supdntndnt
;enior Center Coord
;enior Planner
;olid Waste Suprintndnt
;upt of Parks & Forestry
;upt of Streets/Water Dist
Vater Superintendent
~ousing Administrator
31
~ssist Finance Director
~ssist Library Director
,ssist PCD Dir/JCCOG
~ersonnel Administrator
olice Captain
ecreation Suprintndnt
32
:ity Engineer
STEP1
STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10
6 mo. 12 mo. 18 too. 2.5 yrs. 3.5yrs. 4.5 yrs. 5.5yrs. 6.5yrs. 7.5yrs,
5. 50% 5. 50% 5. 50% 3.50% 3.50% 3.50% 3.50% 3.50% 3. 50%
MAX.
$21.09 $22.28 $23.49 $24.78 $25.67 $26.56 $27.47 $28.45 $29.44 $30.48 $32.51
$1,687.20 $1,782.40 $1,879.20 $1,982.40 $2,053.60 $2,124.80 $2,197.60 $2,276.00 $2,355.20 $2,438.40 $2,600.80
$43,867.20 $46,342.40 $48,859.20 $51,542.40 $53,393.60 $55,244.80 $57,137.60 $59,176.00 $61,235.20 $63,398.40 $67,620.80
$22.86 $24.12 $25.43 $26.85 $27.79 $28.77 $29.77 $30.80 $31.87 $32.99 $35.54
$1,828.80 $1,929.60 $2,034.40 $2,148.00 $2,223.20 $2,301.60 $2,381.60 $2,464.00 $2,549.60 $2,639.20 $2;843.20
$47,548.80 $50,169.60 $52,894.40 $55,848.00 $57,803.20 $59,841.60 $61,921.60 $64,064.00 $66,289.60 $68,619.20 $73,923.20
$26.11
$2,088.8O
$54,308.80
$27.53
$2,202.40
$57,262.40
$29.05
$2,324.00
$60,424.00
$30.08 $31.13 $32.21 $33.33 $34.49 $35.71 $38.83
$2,406.40 $2,490.40 $2,576.80 $2,666.40 $2,759.20 $2,856.80 $3,106.40
$62,566.40 $64,750.40 $66,996.80 $69,326.40 $71.,739.20: $74,276.80 $80,766.40
$24.73
$1,978.40
$51,438.40
00admin2.xls Page 3
;XECUTIVE PAYPLAN - FY00 (JUNE 26, 1999)
33
:ire Chief
-IIS Director
.ibrary Director
~rkng & Transit Director
'arks & Rec Director
'CD Director
MINIMUM
$26.77
$2,141.60
$55,681.60
MAXIMUM
$42.43
$3,394.40
$88,254.40
34
~ssist City Manager
:inance Director
'olice Chief
'ublic Works Director
$28.99
$2,319.20
$60,299.20
$46.40
$3,712.00
$96,512.00
00admin2.xls Page 4
~DMINISTRATiVE/CONFIDENTiAL PAYPLAN - FY01 (JUNE 24, 2000)
DAYGRADE:
23
~dmin Clerk/Typist
)ocument Specialist
.icense Specialist
STEP 1
STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10
6 mo. 12 too. 18 too. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs.
12.00% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50%
$12.49
$999.20
$25,979.20
$14.00
$1,120.00
$29,120.00
24
,drain Secretary
;ode Enforce Assist
~eputy City Clerk
)perations Specialist
,ssistant to PCRB
$13.52
$1,081.60
$28,121.60
$15.13
$1,210.40
$31,470.40
$14.47
$1,157.60
$30,097.60
$15.66
$1,252.80.
$32,572.80
$14.98
$1,198.40
$31,158.40
$16.21
$1,296.80
$33,716.80
$15.50
$1,240.00
$32,240.00
$16.77
$1,341.60
$34,881.60
$16.05
$1,284.00
$33,384.00
$17.37
$1,389.60
$36,129.60
$16.61
$1,328.80
$34,548.80
$17.98
$1,438.40
$37,398.40
$17.20
$1,376.00
$35,776.00
$18.62
$1,489.60
$38,729.60
$17.79
$1,423.20
$37,003.20
$19.26
$1,540.80
$40,060.80
MAX
$17.90
$1,432.00
$37,232.00
$19.57
$1,565.60
$40,705.60
25
dmin Sec/Rcrds Spr
ersonnel Assistant
rogrammer/Analyst
,ffice Mnger- Library
26
:lm Asst to Cty Mngr
udgt Mngmnt Anlyst
mrgncy Comm. Supr
quipment Shop Super
,~gal Assistant
cc. Safety & Tmg Spec
9rsonnel Generalist
' Programmer/Analyst
· ansit Shop Supervisor
'oduction Coordinator
$14.61
$1,168.80
$30,388.8O
$15.83
$1,266.40
$32,926.40
$16.37
$1,309.60
$34,049.60
$17.74
$1,419.20
$36,899.20
$16.95
$1,356.00
$35,256.00
$18.35
$1,468.00
$38,168.00
$17.55
$1,404.00
$36,504.0O
$19.00
$1,520.00
$39,520.0O
$18.16
$1,452.80
$37,772.80
$19.66
$1,572.80
$40,892.80
$18.80
$1,504.00
$39,104.00
$20.35
$1,628.00
$42,328.00
$19.45
$1,556.00
$40,456.00
$21.06
$1,684.80
$43,804.80
$20.15
$1,612.00
$41,912.00
$21.81
$1,744.80
$45,364.80
$20.86
$1,668.80
$43,388.80'
$22.55
$1,804.00
$46,904.00
$21.43
$1,714.40
$44~74.40
$23.41
$1,872.80
$48,692.80
00admin2.xls
Page 5
PAYGRADE:
27
~,irport Manager
~,nimal Control Supr
~,ssist Supt - Wstwter
~,ssist Supt - Streets
5,ssist Supt - Water
~)ocument Serv Supr
.ibmry Coord-Develpmnt
~arking Operations Supr
'ransit Operations Supr
STEP 1
$17.13
$1,370.40
$35,630.40
STEP 2
6 mo.
5. 50%
$18.09
$1,447.20
$37,627.20
STEP 3
12 mo,
5.50%
$19.08
$1,526.40
$39,686.40
STEP 4
18 too.
5.50%
$20.12
$1,609.60
$41,849.60
STEP 5
2.5 yrs.
3.50%
$20.85
$1,668.00
$43,368.00
STEP 6
3.5 yrs.
3.50%
$21.58
$1,726.40
$44,886.40
STEP 7
4,5 yrs.
3.50%
$22.32
$1,785.60
$46,425.60
STEP 8
5.5 yrs.
3.50%
$23.11
$1,848.80
$48,068.80
STEP 9
6.Syrs.
3.5O%
$23.92
$1,913.60
$49,753.60
STEP 10
7.5 yrs.
3.50%
$24.76
$1,980.80
$51,500.80
MAX.'
$25.62
$2,049.60
$53,289.60
28
~,ssist City Attorney
;ustomer Service Mngr
{uman Rights Coord
'urchasing Agent
$18.54
$1,483.20
$38,563.20
$19.56
$1,564.80
$40,684.80
$20.62
$1,649.60
$42,889.60
$21.75
$1,740.00
$45,240.00
$22.53
$1,802.40
$46,862.40
$23.32
$1,865.60
$48,505.60
$24.14
$1,931.20
$50,211.20
$24.98
$1,998.40
$51,958.40
$25.85
$2,068.00
$53,768.00
$26.75
$2,140.00
$55,640.00
$28.04
$2,243.20
$58,323.20
29
;able TV Admin
;ity Arct/Energy Coord
:ontroller
!quipment Supr
lformation Services Coord
'olice Sergeant
;r Bldng Inspector
;r Engineer
:r Housing Inspector
arking Manager
pecial Projects Administrator
ransit Manager
$20.09
$1,607.20
$41,787.20
$21.20
$1,696.00
$44,096.00
$22.37
$1,789.60
$46,529.60
$23.61
$1,888.80
$49,108.80
$24.42
$1,953.60
$50,793.60
$25.30
$2,024.00
$52,624.00
$26.15
$2,092.00
$54,392.00
$27.08
$2,166.40
$56,326.40
$28.05
$2,244.00
$58,344.00
$29.03
$2,322.40
$60,382.40
$30.65
$2,452.00
$63,752.00
00admin2.xls Page 6
PAYGRADE:
30
Battalion Chief
3ommunity Dev Coord
-'irst Asst City Attomey
_ibrary Coordinator
~olice Lieutenant
Nastewater Suprintndnt
~enior Center Coord
~enior Planner
~olid Waste Suprintndnt
~upt of Parks & Forestry
~upt of StreetsNVater Dist
~/ater Superintendent
,Iousing Administrator
31
~ssist Finance Director
~ssist Library Director
~ssist PCD Dir/JCCOG
'ersonnel Administrator
'olice Captain
',ecreation Suprintndnt
32
;ity Engineer
STEP 1
STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10
6 too. 12 mo. 18 too. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs.
5. 50% 5. 50% 5. 50% 3.50% 3.50% 3.50% 3.50% 3. 50% 3. 50%
$21.72 $22.95 $24.19 $25.52 $26.44 $27.36 $28.29 $29.30 $30.32 $31.39 $33.49
$1,737.60 $1,836.00 $1,935.20 $2,041.60 $2,115.20 $2,188.80 $2,263.20 $2,344.00 $2,425.60 $2,511.20 $2,679.20
$45,177.60 $47,736.00 $50,315.20 $53,081.60 $54,995.20 $56,908.80 $58,843.20 $60,944.00 $63,065.60 $65,291.20 $69,659.20
$23.55 $24.84 $26.19 $27.66 $28.62 $29.63 $30.66 $31.72 $32.83 $33.98 $36.61
$1,884.00 $1,987.20 $2,095.20 $2,212.80 $2,289.60 $2,370.40 $2,452.80 $2,537.60 $2,626.40 $2,718.40 $2,928.80
$48,984.00 $51,667.20 $54,475.20 $57,532.80 $59,529.60 $61,630.40 $63,772.80 $65,977.60 $68,286.40 $70,678.40 $76,148.80
$25.47
$2,037.60
$52,977.60
$26.89
$2,151.20
$55,931.20
$28.36
$2,268.80
$58,988.80
$29.92
$2,393.60
$62,233.60
$30.98
$2,478.40
$64,438.40
$32.06
$2,564.80
$66,684.80
$33.18
$2,654.40
$69,014.40
$34.33 $35.52 $36.78 $39.99
$2,746.40 $2,841.60 $2,942.40 $3,199.20
$71,406.40 $73,881.6d: $76,502.40 $83,179.20
MAX.'
OOadmin2.xls Page 7
EXECUTIVE PAYPLAN - FY01 (JUNE 24, 2000)
33
=ire Chief
-IIS Director
.ibrary Director
~rkng & Transit Director
~arks & Rec Director
~CD Director
MINIMUM
$27.57
$2,205.60
$57,345.60
MAXIMUM
$43.70
$3,496.00
$90,896.00
34
kssist City Manager
-'inance Director
>olice Chief
~ublic Works Director
$29.86
$2,388.80
$62,108.80
$47.79
$3,823.20
$99,403.20
OOadmin2.xls Page 8
Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 99-172
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT AMENDING AN AGREEMENT TO
REPRESENT BETWEEN THE CITY OF IOWA CITY AND BELL LAW OFFICE,
ET AL. AND REPEALING RESOLUTION NO, 99-131.
WHEREAS, the City of Iowa City has sponsored self-insured health insurance for its employees
and employed Wellmark Blue Cross and Blue Shield of Iowa to act as its third party administrator
for the health plan; and
WHEREAS, Wellmark Blue Cross and Blue Shield of Iowa is currently a defendant in a class
action suit brought by other governmental entities who allege breach of fiduciary duties, breach of
contract, and breach of other legal duties with respect to the manner in which Wellmark Blue
Cross and Blue Shield of Iowa administered Plaintiffs' health plans; and
WHEREAS, the terms of the City's contracts with Wellmark Blue Cross and Blue Shield of Iowa
were very similar or identical of the Wellmark Blue Cross and Blue Shield of Iowa contracts with
those other governmental entities; and
WHEREAS, the City has similar such claims to assert against Wellmark Blue Cross and Blue
Shield of Iowa; and
WHEREAS, the City Council passed Resolution No. 99-131 authorizing the City of Iowa City to
join in litigation in Des Moines County, case #CL-LALA004046, entitled "Lee County and Madison
County vs. IASD Health Service Corporation d/b/a Wellmark Blue Cross and Blue Shield of Iowa",
and authorized the Mayor to sign and the City Clerk to attest an Agreement to Represent; and
WHEREAS, the Agreement to Represent needs to be amended to reflect that the City would
remain ultimately liable to repay costs advanced by attorneys in the event the action is not
successful.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City of Iowa City is authorized to join in litigation in Des Moines County, case #CL-
LALA004046, entitled "Lee County and Madison County vs. IASD Health Service Corporation
d/b/a Wellmark Blue Cross and Blue Shield of Iowa."
2. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Agreement to
Represent.
3. Resolution No. 99-131 is hereby repealed.
Approved by
City Attorney Office
andy\res\wellrnrk2 .doc
Passed and approved this 18th day o~ ,Z, fL, t,~
,,$"""k~.- If ATTEST: ~
CITY CLERK
Resolution No.
Page ?
99-172
It wasmoved by Kubby and seconded by
adopted, and upon roll calltherewere:
Norton
AYES: NAYS: ABSENT:
X
X
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
L.,..
AGREEMENT TO REPRESENT
By this Agreement, the City of Iowa City, Iowa (''City") retains the Bell Law Office of
Mount Pleasant, Iowa and the additional attorneys identified at the end of this Agreement
CAttomeys"), together with such other attorneys with whom Attorneys may deem it necessary,
in their judgment, to associate, with regard to the prosecution of a lawsuit as described below, in
accordance with the terms set forth herein. Such association of additional legal counsel, if
deemed necessary, will not affect the contingent attorney fee agreement set forth herein.
THE CASE
City understands and requests that it will be added as a named plaintiff in an amended
complaint in pending litigation venued in Des Moines County, Case No. CL-LALA004046, "Lee
County and Madison County v. IASD Health Service Corporation d/b/a Wellmark Blue Cross &
Blue Shield of Iowa."
City understands that this case is presently filed as a class action, involving a class of
approximately 72 class members. City has been informed that the Iowa Association of COunties
("ISAC") has agreed to be joined as a direct plaintiff, either in a class representative capacity, or
in a direct plaintiff capacity, in the event sufficient other class members join as direct plaintiffs,
and that other class members have opted to become direct plaintiffs, many of them counties for
which ISAC is acting as a litigation manager.
DESCRIPTION OF ACTION
City understands and agrees that the case will be brought directly by City against
Wellmark Blue Cross & Blue Shield of Iowa based upon allegations of violation of common law
breach of fiduciary duty, breach of contract, standards of accounting fraud, and any and all other
legal grounds deemed appropriate by Attorneys for the pursuit of damages based upon the failure
of Blue Cross to pass on to self-insured plans, including City's self-insured plan, for which Blue
Cross acted as a third party administrator, savings resulting from negotiated discount agreements
obtained by Blue Cross from hospital providers. City has been informed and understands that
this case involves difficult and complex issues of fact and law, and that much of the evidence
regarding the alleged wrongdoing of Blue Cross is currently in the hands of Blue Cross itself.
City agrees and understands that if new or unexpected evidence suggests that City does not have
a viable ca_use of action, and that the case cannot be won, this Agreement will be re-negotiated,
and Attorneys retain the right to seek to withdraw, subject to court approval.
ATTORNEYS' FEES
In the event money damages are recovered in this action, Attorneys shall be entitled to a
fee of one-third of the recovery received by City which fees are not subject to Court approval in
the event the case is not certified or de-certified and proceeds as a normal action. It is expected,
in the event the case remains configured as a class action, that the Court will award attorneys'
fees from the common fund created by settlement or verdict, and that in such event, all attorneys'
fees shall be paid from said common fund. In the event the case does not proceed as a class
action, attorneys' fees will be paid only from any amounts actually collected as a result of
settlement or judgment. Except as explicitly stated in this paragraph, City understands it is under
no obligation to pay attorneys' fees.
COSTS
The parties to this Agreement acknowledge that certain costs will be incurred during and
in .connection with the prosecution of this action. For purposes of this Agreement, "costs" shall
mean all obligations for the payment of money, and payments made by the Attorneys and
persons acting in their behalf, including any special consultants, during the course of and relating
2
to this action. Costs may include, without limitation, obligations incurred for depositions and
other pretrial discovery, transcription of court proceedings, retention of expert witnesses,
preparation and mailing of court-ordered notices, postage, photocopies, telephone charges,
transportation costs, and all other expenses relating to this action except attorneys' fees. It is
understood that Attorneys, and such other attorneys as may become associated or affiliated with
them in this matter, will advance all costs incurred during the prosecution of this matter, and that
City will not be requested to advance costs. Attorneys will, upon request, reimburse City for
reasonable out-of-pocket expenses (copies, fax costs, reasonable travel costs, etc.) incurred prior
to settlement or judgment. In the event the action is successful, costs advanced by Attorneys (and
any expenses of City that have not previously been reimbursed by Attorneys) will be repaid to
the Attorneys (and/or City) from monies recovered from Blue Cross; and said costs will be
deducted before the contingent attorneys' fee is calculated.
As part of this A~eement, Attorneys agree, in the event of a successful settlement or
judgment in this case, resulting in payment of a contingent attorneys' fee to Attorneys, to
reimburse City from said fees for any attorneys' fees paid to duly appointed counsel for City, to
the extent City maintains detailed written records concerning such expenditure of time, said fees
to be paid or reimbursed at a rate not to exceed $150 per hour, and provided that the work for
which fee reimbursement is made relates directly and exclusively to the successful prosecution
of this case.
City hereby binds itself and its legal successors to the terms and conditions set forth
herein.
Dated: May .... 1999.
Approved By
CIty Attorney's Office
City Clerk:
ATTORNEYS FOR PLAINTIFFS
By: ~/) ~
Richard Bell
Bell Law Offices
(319) 358-25.:".
By: Wood R ., ~31288
Jordan M. Le~vis, ~203099
Siegel, B~ll, teupner, Duf~ & Foster, P.A.
1300 Washington Square
100 Washington Avenue South
Mi~eapolis, ~ 55401
(612) 339-7131
Of Counsel:
Law Offices of Clifford Cantor
F. James Dormelly
andy\agt\twopages.doc
24
Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
. RESOLUTION NO. '
RESOLUTION AUTHORIZING THE MAYOR TO SIGN A THE CITY CLERK
TO ATTEST AN AGREEMENT AMENDING AN AGREE ENT TO REPRESENT
BETWEEhl THE CITY OF IOWA CITY AND BELL LA OFFICE, ET AL.
WHEREAS, the City',of Iowa City has sponsored self-ins ed health insurance for its employees
WHEREAS, Wellmark B~e Cross and Blue Shields'of Iowa is currently a defendant in a class
action suit brought by oth~ governmental entities ,~ho allege breach of fiducia~ duties, breach of
contract, and breach of oth" r legal duties with respect to the manner in which Wellmark Blue Cross
and Blue Shield of Iowa administered Plaintiff~:.~ealth plans; and
WHEREAS, the terms of the~ i~'s contra~ with Wellmark Blue Cross and Blue Shield of Iowa
WHEREAS, the City has similar%¢K claims to asse~ against Wellmark Blue Cross and Blue
Shield of Iowa.
NOW, THEREFORE, BE IT R~gOLV D BY THE CI~ COUNCIL OF THE CITY OF IOWA CI~,
Passed and~ved this day of ,19
ATTEST:
' CITY CLERK
MAYOR'~ Approved by
'. ~ .,'~ ---"'.,
\,City Attorney's Office
andyVes\wel~mrk2 doc