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HomeMy WebLinkAbout2000-10-17 Resolution RESOLUTION NO. 00-339 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Que Bar - 211 Iowa Avenue It was moved by Champion and seconded by 0'Donnell that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O' Donnell X Pfab X Vanderhoef X Wilburn Passed and approved this 17th day of October ,20 00 - . -, A vp~/[/~ ~ ATTEST: ~K~.~ ~. ~/('~4A/ /~. /'-~° CIT City Attorney's Office clerk\res\danceprm.doc Prepared by: Ron Logsden, Transit Manger, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5154 RESOLUTION NO. 00-340 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WASHINGTON STREET TRANSIT INTERCHANGE PROJECT, PHASE 2, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 7th day of November, 2000, 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. 2. 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. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 17th day of /,D tober ~~ Approved by IT City ~,ttorn~'y'~s~~ce''e~z~'~ transit\res~hinterchange.doc Resolution No. 00-340 Page 2 It was moved by Champion and seconded by 0'Donnel I the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum 4d(1) Prepared by: Ron Logsden, Transit Manger, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5154 RESOLUTION NO. ION SETTING A PUBLIC HEARING ON PLANS, FORM AND ESTIMATE OF COST FOR THE CON,~ OF THE STREET TRANSIT INTERCHANG PROJECT, DIRECTING CLERK TO PUBLISH NOTICE OF SAID AND ,~ CITY ENGINEER TO PLACE SAID PLAI ON FILE FOR PUBLIC N. BE IT RESOLVED BY THE OF THE CITY OF IOWA: 1. That a public hearing on plans, specification,, of contract, and estimate of cost for the construction of the ect is to be held on the 7t" day of November, 2000, at 7:00 p.m. the Council Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby auth~ directed to publish notice of the public hearing for the above-named project in published at least once weekly and having a general circulation in the City, less our (4) nor more than twenty (20) days before said hearing. 3. That the copy of the p specifications, contract, and estimate of cost for the construction of the a project is ordered placed on file by the City Engineer in the ~f the City Clerk for public ins Passed and approved tl' day of ,20 MAYOR ATTEST: C~ty Attorney s tr~nsifires~pl 4e(1) Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 00-341 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 721 7TH AVENUE, IOWA CITY, IOWA. WHEREAS, on October 7, 1999, the owner of 721 7th Avenue executed a Mortgage through the City's Housing Rehabilitation Program for the amount of $2,842 in the form of a no interest pay back loan; and WHEREAS, the balance of the loan ($2,474) was paid off on October 3, 2000; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. 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 721 7th Avenue, Iowa City, Iowa from the Mortgage recorded on October 15, 1999, Book 2845, Page 255 through Page 259 of the Johnson County Recorders Office. Passed and approved this 17th day of October ,20 00 MAYOR Approved by CITY L'~_:ERK City Attorney'; 0 It was moved by Champion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/resf121-7thave.doc 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 721 7th Avenue, Iowa City, Iowa, and legally described as follows: Lot 17 in Block 12, in Rundell, Johnson County, Iowa, according to the recorded plat thereof subject to easements, covenants and restrictions of record from an obligation of the owner, James T Jansen, to the City of Iowa City in the total amount of $2,842 represented by the Mortgage recorded on October 7, 1999, Book 2845, Page 255 through Page 259 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ,. Approved by STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this '7 day of /~t.~i~. r- , A.D. 20 ~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation b authority of its City Council, as contained in Resolution No. OO-3 adopted by the City Council on the day c,-F Oc'+o[e v- ,20 of 2 and that the said Erne~ ~.""~ehman 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. Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 00-342 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT '1928 H STREET, IOWA CITY, IOWA, WHEREAS, on August 22, 2000, the owner of 1928 H Street executed a Mortgage through the City's Housing Rehabilitation Program for the amount of $4,574 in the form of a five-year declining balance loan; and WHEREAS, on August 22, 2000, the owner executed another Mortgage for the amount of $3,090 in the form of a conditional occupancy loan with a one-time 5% interest fee ($154.50); and WHEREAS, the loans ($7,818.50 total)were paid off on October 10, 2000; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. 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 1928 H Street, Iowa City, Iowa from the Mortgages recorded on August 28, 2000, Book 2999, Page 658 through Page 669 of the Johnson County Recorder's Office. Passed and approved this 17th day of October' ,20 00 Approved by It was moved by Champ i on and seconded by 0'Donne] 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pl:>drehab/res/1928Hdoc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1928 H Street, Iowa City. Iowa, and legally described as follows: The South 60 feet of Lot eight (8) in Block thirty-two (32) in East Iowa City, Johnson County, according to the recorded plat thereof from an obligation of the owner, Diane E Mattila, to the City of Iowa City in the total amount of $7,664 represented by the Mortgages recorded on August 28, 2000, Book 2999, Page 658 through Page 669 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. AYOR Approved by y~t'~'r~e~y'~ bffi~:e STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this l'7 ~ day of OcJ-o~.y- , A.D. 20 c~O , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its CitVHC, ouncil, as contained in Resolution No. ~-~q.~, adopted bv the City Council on the 17 ~ day ~ C)c~Lo]>~,- ,20 oO 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. Notary Public in and for Johnson County, Iowa ppdrehab/1928H-rel.doc Prepared by: Sarah E. Holecek, First Asst. City Arty, 410 E. Washington St., iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 00-343 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DRAINAGE EASEMENT AGREEMENT FOR PROPERTY WITHIN WINDSOR RIDGE PART TEN, IOWA CITY, IOWA WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, the Developer submitted a subdivision plat for the area known as Windsor Ridge Part Ten, Iowa City, Iowa, and under said plat, infrastructure was installed to service the structures within the development; and WHEREAS, during the installation of said infrastructure, grading within the development was changed in the field such that an additional area of drainage easement is required to track the actual installation of the drainage utility; and WHEREAS, City staff has approved the location of the proposed drainage easement as well as the associated easement agreement; and WHEREAS, the easement agreement requires City Council approval and the execution of the same is in the public interest of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the Drainage Easement Agreement for property within Windsor Ridge Part Ten, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the :Johnson County Recorder's Office at the expense of Arlington Development, Inc. 3. Arlington Development, Inc. shall amend the mylar plat of the development to reflect this additional easement. Passed and approved this 17th day of 0cl:ober ,2000. ~l~!AyOg Resolution No. 00-343 Page 2 It was moved by Champ'i on and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum "1o:17-oo 4e(4) Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 00-344 RESOLUTION ACCEPTING THE WORK FOR THE DODGE STREET BRIDGE WATER MAIN PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Dodge Street Bridge Water Main, as included in a contract between the City of Iowa City and Maxwell Construction, Inc. of Iowa City, dated May 2, 2000, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of October, 2000 Approved by City Attorney's Office It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner x Lehman X O'Donnell x Pfab X Vanderhoef X Wilburn pwengVes~dodgewtrmn,doc 9/00 ENGINEER'S REPORT October 6, 2000 Honorable Mayor and City Council Iowa City, Iowa RE: Dodge Street Bridge Water Main Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Dodge Street Bridge Water Main Project has been completed in substantial accordance with the plans and specifications prepared by NNW. The final construction cost is $55,454.20. I recommend that the above referenced improvements be accepted by the City of Iowa City. Sincerely, Rich~A.F~os~ City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319} 356-5009 City of Iowa City MEMORANDUM Date: October 5, 2000 To: Steve Atkins From: Kim JohnsonA~t~ Re: Agenda Items The following are costs associated with Capital Improvement Projects being presented for th acceptance at the October 17 Council meeting: 1) Dodge Street Bridge Water Main Contractor.' Maxweft Construction, Inc. · Project Estimated Cost: $ 61,508.00 · Project Bid Received: $ 57,636.00 · Project Actual Cost: $ 55,454.20 Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 00-346 RESOLUTION APPROVING THE PRELIMINARY PLAT OF A RESUBDIVISION OF LOT 52, WALDEN HILLS, IOWA CITY, IOWA. WHEREAS, the owner, Walden Wood Associates II, LLP, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of a Resubdivision of Lot 52, Walden Hills; 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 a Resubdivision of Lot 52, Walden Hills, 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 17th day of 0cto er ,2000. ATTEST: CIT~LERKf' ' Resolution No. 00-346 Page 2 It was moved by Vander'hoef and seconded by Champion the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman x O'Donnell X Pfab X Vanderhoef X Wilbum STAFF REPORT To: Planning and Zoning Commission Prepared by: Scott Kugler Item: SUB00-00018. Resub. Of Lot 52, Walden Hills Date: September 7, 2000 Final Plat GENERAL INFORMATION: Applicant: Walden Wood Partners II, LLP PO Box 1907 Iowa City, Iowa 52244 Phone: 337-4195 Contact person: MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Requested action: Final plat Purpose: To create a 19-lot residential subdivision Location: The west side of Shannon Drive, south of Willow Creek Size: 4.89 acres Existing land use and zoning: Vacant, OSA-8 Surrounding land use and zoning: North: Willow Creek open space, undeveloped Residential, OSA- 8 and RS-5; East: Willow Creek open space and residential, OSA-8; South: residential, OSA-8; West: Highway 218, residential, RS-5. Comprehensive Plan: Residential, 2-8 dwelling units per acre Applicable Code requirements: Chapter 14-7, Land Subdivisions File date: August 17, 2000 45-day limitation period: October 1,2000 60-day limitation period: October 16, 2000 BACKGROUND INFORMATION: The applicant, Walden Wood Partners II, LLP, is requesting a final plat for a Resubdivision of Lot 52, Walden Hills, located on the west side of Shannon Drive, south of Willow Creek. This parcel contains approximately 4.89 acres and is zoned Sensitive Areas Overlay - Medium Density Residential (OSA-8). The rezoning and sensitive areas development plan for the Walden Hills development was approved in 1997. At that time, Lot 52 was approved for the development of eight four-unit townhouse buildings arranged around a pedestrian open space in the center of the property. Earlier this year, an application was filed to amend that plan to replace the proposed townhouses with 19 detached single-family dwellings on individual lots arranged around a cul-de-sac. A preliminary plat was submitted at that time also. That application is currently pending before City Council. ANALYSIS: The proposed final plat appears to be in general conformance with the City's subdivision regulations and the preliminary plat. Approval of legal papers and construction drawings will be needed prior to consideration of the plat by the City Council. Approval of this plat should also be subject to the approval of the revised sensitive areas development plan and preliminary plat currently pending before Council. When this property was rezoned along with the rest of the 40+ acre Walden Hills property in 1997, a conditional zoning agreement was adopted that contained conditions that apply to the development of Lot 52. -To ensure that there was an incentive for the developer to construct Shannon Drive to the north property line, the agreement specifies that this will occur along with the development of Lot 52. In addition to the conditional zoning agreement, the sensitive areas development plan included the planting and maintenance of evergreen trees along the west property line, including the west line of Lot 52, to help buffer the development from Highway 218. The trees that were planted along this frontage should be maintained within this development. A proposed conditional zoning agreement in association with the revised development plan currently pending before Council reiterates both of these requirements to ensure that they are carried through with the development of the property. The legal papers should reflect these requirements, as well. However, neither is addressed in the current draft of the legal papers. The proposed plat illustrates one new public street, Andtea Court. Along the new street a total of 19 lots are to be platted. Consistent with the City's policy regarding access to corner and double- frontage lots, a note has been added to the plat that prohibits direct vehicular access to Lots 1, 16 and 19 from Shannon Drive, a collector street, as noted on the preliminary plat. This should be carried over into the legal papers for this subdivision as well. Instead, all vehicular access should come from the local street, Andrea Court. An 8-foot sidewalk is planned for the west side of Shannon Drive to connect Rohret Road and the Willow Creek Trail, for which the City will pay the oversize paving costs. STAFF RECOMMENDATION: Staff recommends that SUB00-0018, a request for a final plat for the Resubdivision of Lot 52, Walden Hills, a 4.89 acre, 19-1ot residential subdivision located on the west side of Shannon Drive, south of Willow Creek, be approved, subject to the approval of legal papers and construction drawings prior to City Council consideration of the plat, and subject to the approval of the revised sensitive areas development plan and preliminary plat currently pending before the City Council. ATTACHMENTS: 1. Location map. 2. Final plat. Approved by: f/~/-~'~/'//'~/~,~" Robed Miklo, Senior Planner Department of Planning and Community Development SITE LOCATION: Lot 52, Walden Hills SUBO0-O001 8 I t0,17,00 6f Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 00-347 'RESOLUTION APPROVING FINAL PLAT OF A RESUBDIVISlON OF LOT 5;2, WALDEN HILLS, IOWA CITY, IOWA. WHEREAS, the owner, Walden Wood Associates II, L.L.P., filed with the City Clerk the final plat of a Resubdivision of Lot 52, Walden Hills, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estalie in Iowa City, Johnson County, Iowa, to wit: Lot 52, Walden Hills, in accordance with the Plat thereof Recorded in Plat Book 38, at page 18, of the Records of the Johnson County Recorder's Office, Iowa City, Johnson County, Iowa. Said Lot 52 contains 4.89 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. ., 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. Additionally, the City hereby releases those previously dedicated easements which are no longer required per this approved plat, and hereby authorizes the Mayor to sign, and the City Clerk to attest, recordable releases for said easements as indicated on the final plat. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. ooo4 Resolution No 00-347 Page 2 Passed and approved this 17th day of October,2000. CORPORATE SEAL ~o~ · "~ · ,, ..... rove CI LERK City A~orney's Office It was moved by O' Donnel 1 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: ,,, AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdadminVes~Jot52waldhills.doc 00043~ 6h Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 00-348 RESOLUTION APPROVING THE FINAL PLAT OF SOUTH POINTE ADDITION, PART 7, A RESUBDIVISION OF PORTIONS OF PARTS 2 & 3, SOUTH POINTE ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Steve Kohli Construction, L.C., filed with the City Clerk the final plat of South Pointe Addition, Part 7, a resubdivision of portions of Parts 2 & 3, South Pointe Addition, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: All that lies west of Russell Drive in Parts 2 and 3, South Pointe Addition as recorded in Plat Book 33 - Page 312 in the Johnson County Recorder's Office. Beginning at the SE corner of Lot 64 of South Pointe Addition, Part 4, thence SO2°17'57"E - 2~35.62 feet; thence Southerly - 63.34 feet along a 230.00 foot radius curve, concave easterly, with central angle of 15°46'42" and chord of S10°11'18"E - 63.14 feet; thence Southerly - 46.81 feet along a 170.00 foot radius curve, concave westerly, with central angle of 15°46'42'' and chord of S10°11'18"E - 46.67 feet; thence SO2°17'57"E - 131.46 feet; thence N87°42'O3"E - 155.04 feet; thence Southeasterly - 25.06 feet along a 15.00 foot radius curve, concave southwesterly, with a central angle of 95044'09'' and chord of S44°25'53"E - 22.25 feet; thence S03°26'12"W - 37.52 feet; thence Southerly - 53.06 feet along a 530.00 foot radius curve, concave easterly, with central angle of 05044'09'' and chord of SOO°34'O7"W - 53.04 feet; thence S02°17'57"E - 57.69 feet; thence S87°45'11"W - 684.67 feet; thence NO1°O6'40"W - 640.00 feet; thence N87°42'O3"E - 492.77 feet to the Point of Beginning. Said parcel contains 8.08 acres more or less. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. 000578 Resolution No. 00-348 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by agreement and by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 17th day of October ,2000. (~IT~-CLERK ' ' It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilburn ppdadminlreslspoinle doc STAFF REPORT To: Planning and Zoning Commission Prepared by: Scott Kugler Item: SUB00-0017. South Pointe Addition, Part 7 Date: August 3, 2000 Final Plat GENERAL INFORMATION: Applicant: Steve Kohli Construction, LC 568 Highway 1 west Iowa City, Iowa 52246 Phone: 354-0581 Contact person: Landmark Surveying and Engineering 535 Southgate Ave. Iowa City, IA 52240 Phone: 354-1984 Requested action: Final plat approval Purpose: To create a 25-1ot residential subdivision Location: West terminus of Langenberg Avenue and Hemingway Lane Size: 8.08 acres Existing land use and zoning: Vacant, RS-8 Surrounding land use and zoning: North: Vacant, RS-8; East: Residential, RS-8; South: Agricultural, County RS; West: Agricultural, ID-RS. Comprehensive Plan: Duplex and/or small lot single family residential Applicable Code requirements: Chapter 14-7, Land Subdivisions File date: June 29, 2000 45-day limitation period: August 13, 2000 60-day limitation period: August 28, 2000 2 BACKGROUND INFORMATION: The applicant, Steve Kohli Construction, LC, is requesting a final plat of South Pointe Addition, Pad 7, a resubdivision of podions of Pads 2 and 3 of South Pointe Addition. The subject property is located at the west end of Langenberg Avenue and Hemingway Lane, and includes approximately 8.08 acres. The original Pads 2 and 3 have been final platted but have not yet been developed. As noted during the preliminary plat review of Pad 7, approval of this plat will result in a decrease in the number of lots previously approved for this property from 37 down to 25. ANALYSIS: The proposed final plat is in general conformance with the City's subdivision regulations and the approved preliminary plat, although there are a few deficiencies that will need to be corrected as noted below. Public Works has not yet completed its review of the most recent revised plat. Staff recommends deferral pending the resolution of these items. Construction drawings and legal papers have been submitted and are under review. Both the construction drawings and legal papers will have to be approved prior to City Council consideration of the plat. The proposed final plat includes the extension of Langenberg Avenue and the construction of Russell Drive as previously approved on the final plat for South Pointe Addition, Pads 1-6. However, a cul~de-sac previously proposed at the end of Hemingway Lane, west of Russell Drive, is to be eliminated to accommodate a storm water management basin. This larger basin will be maintained by a homeowners association, and will replace the two smaller basins previously approved. In total, 25 building lots and two outlots are being proposed to replace 37 approved lots that included storm water management basins in many of the rear yards. Due to the presence of hydric soils, a drainable base and drain tiles will be incorporated into the street design of both Langenberg Avenue and Russell Drive. The preliminary plat also contained notes indicating that homes with basements will have foundation tile and sump pits, as required for Pads 1-6 of this subdivision, and specifying minimum low opening elevations for several of the lots. These notes should be carried over to the final plat as well. The preliminary plat for this property illustrated a temporary turnaround located at the end of Langenberg Avenue on Lot 143. Due to the length of this stub street, a turnaround is needed for service and emergency response vehicles. The final plat should contain an easement for this turnaround. Neighborhood Open Space fees were paid for this property at the time of the platting of South Pointe, Pads 1-6. No additional open space requirements apply for this property. STAFF RECOMMENDATION: Staff recommends that SUB00-0017 be deferred pending the resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends that the request for a final plat of South Pointe Addition, Pad 7, an 8.08 acre, 25-1ot residential subdivision located at the west end of Langenberg Avenue and Hemingway Lane, be approved, subject to the approval of construction drawings and legal papers prior to City Council consideration of the plat. DEFICIENCIES AND DISCREPANCIES 1. An error of closure statement is needed, as required by the Subdivision Ordinance. 2. Temporary turnaround easement missing on Lot 143. 3. The off-site easements to the south of the subject property should be labeled as existing. 4. Notes 4 and 10 from the preliminary plat, regarding minimum low opening elevations and the requirement for homes with basements to have foundation tile and sump pits, should be included on the plat. 5. Public Works review of the most recent revised plat is not yet complete. ATTACHMENTS: 1. Location map. 2. Final plat. Approved by: ~ Robert Miklo, Senior Planner Department of Planning and Community Development CITY OF IOWA CITY ~_~ . z:: .-.: -{'- RM 44 PARK ~ ~ .. I~-RS ~ / -- CITY CORPORATe' LIMITS I I SITE LOCATION: South Point Part 7 SUBO0-O001 7 I ~ 0-'17-00 6i Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 00-349 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF WESTCOTT HEIGHTS, PART THREE, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Westcott Partners II, L.L.P., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Westcott Heights, 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 Westcott Heights, Part Three, 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 17th day of October , 2000. ppdadrnlres/westcott2.doc Resolution No. 00-349 Page 2 It was moved by O'Donnel 1 and seconded by Vander'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum STAFF REPORT To: Planning and Zoning Commission Prepared by: Scott Kugler Item: SUB00-00022. Westcott Heights, Part Three Date: October5, 2000 Preliminary Plat GENERAL INFORMATION: Applicant: Westcott Partners LLP 44 Sturgis Corner Drive Iowa City, Iowa 52246 Phone: 351-3355 Contact person: MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Requested action: Preliminary plat Purpose: To create a 53-1ot residential subdivision Location: West side of Prairie du Chien Road, south of Newport Road Size: 102.6 acres Existing land use and zoning: Undeveloped, County RS Surrounding land use and zoning: North: Residential, RS; East: Agricultural, A1; South: Agricultural, A1; West: Undeveloped, RS. Comprehensive Plan: Fringe Area A Applicable Code requirements: Chapter 14-7, Land Subdivisions File date: August 31, 2000 45-day limitation period: October 15, 2000 60-day limitation period: October 30, 2000 SITE INFORMATION: Public utilities: City sewer and water are not available to the site. The plat is not clear whether 2 individual wells or one or more common wells will be used. Public services: Police protection would be provided by Johnson County. Fire protection would be provided by Solon. Transportation: There are no regular transit routes serving this area. Sensitive Areas Ordinance: The Sensitive Areas Ordinance does not apply on this property since it is not within the City limits. The properly contains areas that would be classified as protected and critical slopes and woodlands if the property were covered by the ordinance, as well as a pond. The proposed development plan appears to generally avoid disturbance of these areas. BACKGROUND INFORMATION: The applicant, Westcott Partners II, L.L.P., is requesting a preliminary plat of Westcott Heights, Part Three, a 102.6 acre, 53-1ot residential subdivision located on the west side of Prairie du Chien Road, south of Newport Road. The property is located within Fringe Area A, and a portion was recently rezoned by the County to allow residential development to take place. The City reviewed and recommended approval of the proposed rezoning. The proposed plat will have to demonstrate compliance with both the subdivision regulations and the Fringe Area Agreement. ANALYSIS: The proposed preliminary plat appears to be generally consistent with the City's subdivision regulations and the Fringe Area Agreement. There are a few deficiencies that remain, which are listed at the end of this report, and Public Works' review of the plat is not yet complete. Staff recommends deferral pending the resolution of these items and the completion of a full review of the plat to ensure technical compliance with the subdivision regulations. It is anticipated that these items will be taken care of prior to the Commission's October 5 meeting. A grading plan is also required due to slopes on the property that exceed 25 percent. The grading plan must be approved prior to City Council consideration of the plat. The Fringe Area Agreement states that rezonings to RS, Suburban Residential, can occur within Area A provided that 50 percent of the property is set aside as open space or for agriculture. The intent is to encourage cluster or conservation subdivision design when development occurs in the unincorporated area. Because the western portion of the property was zoned RS prior to the adoption of the Agreement, only the eastern 43.17 acres is subject to this provision. However, it appears that the applicant has chosen to apply this "cluster" development principle to the entire property. In staff's opinion, the proposed street and lot layout represents a good example of a cluster subdivision, with development generally planned to occur outside of wooded and sloped areas, and a substantial portion of the property set aside as common open space. 3 The proposed plat contains a total of 53 building lots ranging in size from .57 to 1.34 acres, arranged along several new streets, along with four outlots totaling 53.5 acres. Access is proposed via a new street intersecting with Prairie du Chien Road at the southeast corner of the property, as well as a street extension from Westcott Drive, a road within the original Westcott Heights subdivision located immediately to the north of this property. Prairie du Chien Road has recently been improved in this area and should be able to accommodate the additional traffic generated by this development. The Westcott Drive street connection was reserved when that area was platted as a means of addressing secondary access concerns. This connection will provide secondary access to both this subdivision and earlier portions of Westcott Heights, improving neighborhood circulation and emergency vehicle access for both developments. The timing of the connection to Westcott Drive also needs to be considered. When the Westcott Heights plat was discussed, it was noted that development of the property to the south should not be permitted to simply build out along the drive leading south from Westcott Drive. This would exacerbate the single access situation that currently exists within Westcott Heights. Rather, development of the subject property should not proceed until a street connection is made to Prairie du Chien Road. Conversely, to ensure that the street connection between the two developments is actually constructed, plat approval should also be conditioned upon a requirement that this connection be made prior to building construction on lots 1-22. This would provide enough incentive to ensure that this street connection is made. At staff's request, notes have been added to the plat to address this issue, but are in need of some adjustments. When the final plat is submitted for this property, these provisions should be incorporated into the legal papers as well. A third potential street connection is shown to the property to the south. The south end of Lyle Drive is a stub street that contains a temporary cul-de-sac, with an easement to permit the future extension of the roadway to the south. This connection could provide benefits similar to the connection that was reserved within Westcott Heights previously. The street system being proposed generally meets or exceeds City Rural Design Standards, the standards in place for review of plats within the two-mile fringe area, but outside of the City's growth area. One exception is Anita Circle, which is proposed as a 14-foot wide loop street that would provide access to 8 or 9 lots. The wide median is due to a 100-foot wide pipe-line easement that crosses the property. Streets can cross the easement, but apparently cannot run parallel to or over the pipeline within the easement area. Given the unique situation, low density, and the low probability that cars will be parked along the street in this area, staff feels that this street design is reasonable. As noted above, Public Works has yet to submit comments on this plat. The Rural Design Standards require a letter of approval from the appropriate fire department prior to plat approval. In this case, the Solon Fire Department will be the primary provider of fire protection. This is a submittal requirement and the letter should be provided at the time the plat is filed, but responses are often delayed due to the volunteer nature of the town fire departments. Therefore, staff recommends that this plat be conditioned upon a letter from the Solon department being received prior to City Council approval of the plat. The applicant is proposing the installation of two community septic mounds to serve the lots within this development. The Johnson County Health Department will have to approve the system before the County can approve the plat. Staff has not yet heard from the Health Department regarding the proposed septic mounds. Two of the proposed streets contain substantial medians or islands within the proposed rights-of- way, Outlots E and F. If well maintained, these features have the potential to be attractive amenities within the subdivision. The plat indicates that these areas will be maintained by a homeowners association. STAFF RECOMMENDATION: Staff recommends that SUB00-00022 be deferred pending the resolution of the deficiencies and discrepancies listed below and the completion of the review of the plat by Public Works. Upon resolution of these items, staff recommends that the request for a preliminary plat of Westcott Heights, Part Three, a 102.6 acre, 53-1ot residential subdivision located on the west side of Prairie du Chien Road, south of Newport Road, be approved, subject to the approval of a grading plan and the receipt of a letter of approval from the Solon Fire Department prior to Council consideration of the preliminary plat; DEFICIENCIES AND DISCREPANCIES: 1. The note regarding the timing of the connection to Prairie du Chien Road should reference all lots, not just Lots 24-53. 2. Per the Fringe Area Agreement, a fire rating must be established for the proposed subdivision, and a letter of approval is needed from the Solon Fire Department. 3. Public Works' review of the plat is not yet complete. ATTACHMENTS: 1. Location map. 2. Preliminary plat. 3. Partial copy of Westcott Heights final plat. Approved by: ~ ~ Robert Miklo, Senior Planner Department of Planning and Community Development SITE LOCATION: Eden Prairie SUB00-00022 Preliminary Plat . -~-~STCOTT HEIGHTS - P~T THRM~ ~ Johnson County, Iowa __ ~ -<::~:~" ~ , ':/¥~:~ :~ ~..,.,~ ~::~:::..~.f~":::~XX ~ ~-, I .' ........ ~ ~ .. I WESTCOTT HEIGHTS FINAL PLAT (PARTIAL) ~ ACCESS EA~MENT A-1 - 1.19 Ac. / M~A~MENT ,~, )~!%x, ~ ', ~ 2~3 25,~ ' r ~.~ ~ 'OUTLOT A ~.~'~ ~ e~' " o ~: NOTES . c. 16-2 S18'21~Sq'E ~ ' ERR~ ~ ~O~E IS LE~ ~ 1 F~T ~ ~.) EET ~ ~ ~7~3'03'E U~ E~M)TS )~ N~U~ ~ ~A~D ~)T-~-WAI '~'% 6 4 .... :' .~/ /, ~.~'~ ~, ~D ~E PRODDED F~ G~. E~C)Q~. ~EPH)E. ~: ' :-1 ~ / [ S~'35'07"~ L~ ~: L' E m ~2~ MANA~MENT ~ / ~m , ,. ,,,_, " 'Z~ ~'~' / / . ~ 31 ~ ' ~ ~ .... ~'"~ ~ O.L. "C" ,.~,, ..... 25 24 ,' ~ ~ ~'"~" October 23, 2000 RE: Eden Prairie Subdivision Eden Prairie subdivision has been changed to Westcott Heights, Part Three subdivision (SUB00-00022) per Scott Kugler. Prepared by: Terry Trueblood, Director, Parks and Recreation, 220 S. Gilbert, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 00-350 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION AND RESTROOM FACILITY PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. 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. 4. 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 1st day of November, 2000, or at a later date as determined by the Director of Parks and Recreation or designee, with notice of said later date to be published as required by law. 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 7th day of November, 2000 or at such later time and place as may be fixed. Passed and approved this 17th day of October ,2000. AYOR Approved by ATTEST: IT A parksrec/res/rnercerapp,doc Resolution No. 00-350 Page 2 It was moved by Vanderhoef and seconded by Wi ] burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum 9 Prepared by: Karin Franklin, Planning & Community Development Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 00-351 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS FOR USE OF INTELLECTUAL PROPERTY RIGHTS ON PUBLIC ART PROJECTS. WHEREAS, some public art projects require that the City of Iowa City obtain permission to use certain intellectual property rights from the owners of such rights; and WHEREAS, some such owners may condition the granting of such rights on certain assurances by the City and may require that such assurances be reduced to writing; and WHEREAS, it is in the public interest for the City to undertake such public art projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the City Manager, after consultation with the City Attorney and the Risk Manager, is authorized to execute agreements for the use of intellectual property rights between the City and owners thereof on public art projects. Passed and approved this 17th day of October ,2000. ove CI~T"Y~'~'RK~ City Attorney's Office It was moved by Vanderhoef and seconded by 0'Donne]'l the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdadmin\res\intellproprights.doc Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-__ RESOLUTION NO. 00-352 RESOLUTION AFFIRMING THE SELECTION OF ARTISTS AND SCULPTURES FOR FOUR OF THE DOWNTOWN PEDESTRIAN MALL SCULPTURE PADS. WHEREAS, a Call to Artists was distributed for sculptors for sculptures to be placed on the Downtown Pedestrian Mall; and WHEREAS, 60 artists responded and 11 semi-finalists were selected to submit proposals for four of the Pedestrian Mall sculpture pads; and WHEREAS, the Public Art Advisory Committee displayed those submittals in the Public Library and held two meetings in order to gain public input; and WHEREAS, after due deliberation weighing public input, safety concerns, durability issues, cost, and aesthetics, the Public Art Advisory Committee at its October 2, 2000 meeting recommended selection of Solar Marker II and a compatible commissioned work from Christoph Spath for the north pads, The Ties That Bind by Jane DeDecker for the east pad, and Jazz by Gary AIsum for the west pad; and WHEREAS, the Public Art Advisory Committee had budgeted, with the City Council's approval in Resolution No. 99-267 up to $200,000 for four sculptures; and WHEREAS, the estimated cost of the selected works is $157,600; and WHEREAS, the Public Art Advisory Committee has recommended that the timing of acquisition of these sculptures be coordinated with available Public Art Program allocations, with the priority of acquisition being the north pads first, the west pad second, and the east pad third. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The sculpture known as Solar Marker II and a compatible commissioned work from Christoph Spath for the north pads, The Ties That Bind by Jane DeDecker for the east pad, and Jazz by Gary Alsum for the west pad are selected for commission and placement on the four sculpture pads in the Downtown Pedestrian Mall, as noted. 2. Priority of acquisition be the north pads first, the west pad second, and the east pad third. Passed and approved this 17th day of Oct er ,20 O0 ppddir/res/sculpturedoc Resolution No. 00-352 Page 2 It was moved by Champ'i on and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Form653.CPage2 CITY BUDGET AFIENDI~ENT AND CERTIFICATION RESOLUTION 11 To the Auditor of 3ohnson County, Iowa: The Council of the City of Iowa City, in said County met on October 3, 2000, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, It was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, ir any. Thereupon, the following resolution was introduced. RESOLUTION NO. 00-353 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE ]0, 2001 (AS AMENDED LAST ON ) Be it Resolved by the Council of the City of Iowa City, Iowa: Section l. Following notice published September 22, 2000 and the public healing held on October 3, 2000, the current budget (as previously amended) Is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that heartng: Total Budget as Certified or Last Current Total Budget after Amended Amendment Current Amendment REVENUES ~ OTHER FINANCING SOURCES Taxes Levied on Property 1 26,088,827 26,088,827 Less: Uncollected Property Taxes-Le~/Year 2 ~ Net Current Property Taxes 3 26,088,827 26,088,827 Delinquent Property Taxes 4 TIF Revenues S Other CIty Taxes 6 1,230,067 1,230,067 Licenses e~ Permits 7 628,825 628,825 Use of Money ez Property 8 4,480,039 113,242 4,593,281 Intergovernmental 9 13,870,839 5,339, 159 19,209,998 Charges for Services I0 33,023,595 33,023,595 Special Assessments 11 20,453 20,453 Miscellaneous 12 2,918,877 125,000 3,043,877 Other Financing Sources: 13 117,633,903 77,844,036 195,477,939 Total Revenues e~ Other Sources 14 199,895,425 83,421,437 283,316,862 EXPENDITURES E OTHER FINANCING USES Community Protection 15 12,962,077 1,140,980 14, 103,057 (police,fire, street lighting, etc.) Human Development 16 I 1,954,802 849,124 12,803,926 (health, library, recreation, etc.) Home ~ Community Environment 17 86,592, 177 47,014, 144 133,606,321 (garbage, streets, utilities, etc.) Policy e~ Administration 18 6,639,557 I, 104,515 7,744,072 (mayor, council, clerk, legal, etc.) Non-Program Total Expenditures 19 118,148,613 50,108,763 168,257,376 Less: Debt Service 20 19,219,524 0 19,219,524 Capital Projects 21 47,992,320 44,239, 574 92,231,894 Net Operating Expenditures 22 50,936,769 5,869, 189 56,805,958 Transfers Out 23 77,435,463 45,380,554 122,816,017 Total Expenditures/Transfers Out 24 195,584,076 95,489,317 291,073,393 Excess Revenues e~ Other Sources Over (Under) Expenditures/Transfers Out 25 4,311,349 (12,067,880) (7,756,531 ) Beginning Fund Balance July I 26 64,214,203 13,933,461 78, 147,664 Ending Fund Balance June 30 27 68,525,552 1,865,581 70,39 I, 1 Reason: Increases in revenues and expenditures, including revisions to capital improvement projects as noted in the notice of public hearing. Passed this Mayor Resolution No. 00-353 Page 2 It was moved by Vanderhoef and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell x Pfab X Vanderhoef X Wilbum 0-17-00 12 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO. 00-354 RESOLUTION APPROVING THE TEMPORARY AND PERMANENT EASEMENTS FOR THE KESWICK DRIVE REPAIR PROJECT. WHEREAS, the sanitary sewer service line that services 717 Keswick Drive in Iowa City has collapsed into the sanitary sewer main and has caused sewer backups in several neighboring properties; and WHEREAS, it is necessary to obtain temporary and permanent easements from the property owners at 717 and 723 Keswick Drive in Iowa City in order to facilitate repair of the sanitary sewer main and service line to prevent future sewer backup in neighboring properties and maintain a permanent easement over the sanitary sewer main; and WHEREAS, the property owners at 717 and 723 Keswick Drive in Iowa City consent and have authorized the City to conduct such repair work by signing, under oath, the necessary temporary and permanent easements which are on file in the City Clerk's Office. 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 temporary and permanent easements on file in the City Clerk's Office between the City of Iowa City and the property owners at 717 and 723 Keswick Drive in Iowa City regarding the repair of the sanitary sewer main and service line. 2o In accordance with said easements, the City Attorney is hereby authorized to forward the executed easements for recording in the Office of the Johnson County Recorder as required by state law. Passed and approved this 17th day of '0cto ,~z~'/. ' "~~_ City Attorney's Office Resolution No. 00-354 Page 2 It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 00-355 RESOLUTION TO ADOPT AMENDED STANDARD OPERATING PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS REVIEW BOARD BY AMENDING SECTION IV.E.7 RELATING TO NAME CLEARING HEARINGS, AND REPEALING RESOLUTIONS 99-'17 AND 99-103. WHEREAS, Ordinance 97-3792 establishing the Police Citizens Review Board requires final approval of procedures and guidelines for the Iowa City Police Citizens Review Board; and WHEREAS, on January 12, 1999 the City Council adopted such standard operating procedures and guidelines by Resolution 99-17; and WHEREAS, on March 30, 1999 the City Council amended said procedures with regard to identification of officers and the procedure for summary dismissal by adoption of Resolution 99- 103; and WHEREAS, at their September 12, 2000 meeting the Police Citizens Review Board recommended a change to Section IV.E.7 to amend the standard operating procedures to advise the officer of the subject matter of proposed criticism prior to the name clearing hearing so that the officer can make an informal decision as to whether he/she wishes to participate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That Resolution 99-17 and 99-103 are hereby repealed. 2. The Iowa City Police Citizens Review Board standard operating procedures and guidelines dated October 17, 2000 are hereby adopted, as attached. Passed and approved this 17th day of 0ct. obe~- ,20 00 · hrVIAYOR ATTEST: 'Ci, i~LER-t_z_,~K )/K'. ~-~ · /' ~ -//' OO City Attorney's Office It was moved by Vande~'hoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pcrb/res/standop, doc CITY OF IOWA CITY IOWA POLICE CITIZENS REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES October 17, 2000 The PCRB was established to assure that investigations into claims of police misconduct are conducted in a manner which is fair, thorough and accurate and to assist the Police Chief, the City Manager and the City Council in evaluating the overaft performance of the Police Department as a whole by having it review the Police Deportment's investigation into complaints. To achieve these purposes, the PCRB shaft comply with Chapter 8 of the Iowa City Code, the Board's By-Laws, and the Police Citizens Review Board's Standard Operating Procedures and Guidelines. PCRB SOP 9/00 TABLE OF CONTENTS I. Complaint Process II. Formal Mediation Guidelines and Procedures III. Meetings IV. Complaint Review Process V. Identification of Officers VI. Review of Policies, Procedures and Practices of the Iowa City Police Department VI. Annual Report VII. General VIII. Appendix A. The City Code of Iowa City, Chapter 8, Police Citizens Review Board B. Iowa City Police Citizens Review Board By-Laws C. City of Iowa City Police Citizens Review Board Guidelines and Procedures for Formal Mediation D. Section 21 of The Code of Iowa Official Meetings Open to Public (Open Meetings) E. Section 22 of The Code of Iowa, Examination of Public Records (Open Records) F. Police Citizens Review Board Complaint Form PCRB SOP 9/00 I. Complaint Process In an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, the PCRB shall review investigations into complaints of police misconduct to insure that such investigations are conducted in a manner which is fair, thorough and accurate. The PCRB shall achieve this by receiving, reviewing and reporting on citizen complaints in accordance with the procedural rules in Chapter 8 of the City Code, following the Police Citizens Review Board By-Laws, Article VIII, and the Board's Standard Operating Procedures and Guidelines. A. Complaints shall be filed in accordance with 8-8-3 C and 8-8-7 A of the City Code of Iowa City. 1. All documents and related materials filed with the Board shall not be returned. 2. Complaints filed in the City Clerk's Office shall be assigned a complaint number consisting of the last two digits of the present year with consecutive numbers, starting with one (1) (e.g. 98-1). The complaint copy sent to Board members shall have all references to police officer names and other identifying information deleted, although the reports of the Police Chief and City Manager shall identify the officers by number as set forth in Section V of these procedures. Procedure for complaints subject to summary dismissal 1. A complaint that appears to be untimely filed or a complaint that does not involve the conduct of an Iowa City sworn police officer shall be assigned a number in the ordinary manner as provided in the City Code. 2. A copy of the complaint shall be furnished to the Police Chief or City Manager, with a cover letter indicating that it appears to be an untimely complaint or a complaint that does not involve the conduct of an Iowa City sworn police officer and will be reviewed by the Board at its next regular or special meeting. 3. A copy of the complaint shall be provided to Board members in the next meeting packet; 4. The Board shall determine whether additional information is necessary to assess whether the complaint should be summarily dismissed and, if additional information is necessary, the method by which such information will be obtained. The methods available include an interview of the complainant by a subcommittee of the Board, a request to the complainant for a written submission on the issue presented and an investigation by the Board, but shall not include an invitation to the complainant to address the PCRB at a public meeting or an interview of the complainant at a public meeting. PCRB SOP 9/00 5. Upon the Board's determination that additional information is not necessary to determine whether the complaint should be summarily dismissed or, upon completion of the investigation determined necessary to make such decision, the Board shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8-8-3 (E) of the ordinance. The Board shall not discuss the facts or substance of the complaint at said open meeting. 6. If the Board dismisses the complaint the staff shall forward a copy of the decision to the Police Chief or the City manager and also to the complainant. a. The copy going to the Chief or City Manager shall state that the complaint has been dismissed and that a report to the Board by the Chief or City Manager is not required by Chapter 8 of the Code. The Board may request that an investigation be done. b. The copy of the decision sent to the complainant shall include a cover letter advising that although the complaint has been dismissed and will not be reviewed by the PCRB, there is a method for the complainant to file a complaint directly with the Iowa City Police Department that is still available should the complainant wish to pursue the matter. 7. If the Board determines the complaint shall not be dismissed, it shall so advise the Police Chief or City Manager so they may continue their investigation and make their required report to the PCRB. C. Amendments to a complaint must be in written form. D. The complainant may withdraw the complaint at any time prior to the Board's issuance of its report to City Council.. II. Formal Mediation Guidelines and Procedures Formal mediation is the responsibility of the PCRB and is offered as a method to facilitate a successful resolution of the issues involved in a complaint. The PCRB shall accomplish this responsibility by complying with 8-8-2 H. 8-8-4 and 8-8-7 of the City Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the city Council on March 10, 1998 and made a part hereof. PCRB SOP 9~00 III. Meetings Regular meetings shall be held monthly. Special meetings may be called by the Chair as needed. The Board shall comply with Article V of the PCRB By-Laws and the PCRB Standard Operating Procedures and Guidelines. A. Meeting packets shall be distributed to Board members at least two (2) days prior to a meeting when possible. B. Place of Posting Notices and Agendas. 1. Follow requirements of Section 21.4, The Code of Iowa. 2. The City of Iowa City provides the Notice Bulletin Board in the lobby of the Civic Center; notice of a meeting will also be distributed in media boxes located in the Civic Center. C. Consent Calendar shall include: 1. Minutes of the last meeting(s); 2. Correspondence and/or memoranda directed to the PCRB (not complaint-related). Staff shall be given directions based on Board discussion as to whether staff shall respond or whether Board members shall respond, with copies furnished to the Board. D. Time for open public discussion shall be made available at all open meetings as provided by the PCRB By-Laws, Article V, Section 6. E. Time for "Board Information" and "Staff Information" shall be made available at all meetings. F. Decisions made in executive session shall be ratified in open session. G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance and approval of minutes. H. Taped minutes of executive meetings shall be kept for one year from the date of the meeting. I. To the extent practicable, legal counsel for the PCRB shall attend all meetings of the Board. J. Electronic Participation 1. Follow the requirements of Section 21.8, The Code of Iowa for "electronic meetings.". "Electronic meetings" as defined in this section presumes electronic participation is necessary for a quorum. 2. Electronic participation in meetings. A member may participate by electronic means when the member's presence is not necessary for a PCRB SOP 9/00 quorum, and said member shall have all rights as if participating in person.. K. Quorum and Voting Requirements 1. Quorum. See By-Laws V.2. 2. Voting. See By-Laws V. 10. 3. Voting to close a session. See Section 21.5, The Code of Iowa. L. Iowa Open Records Law 1. The Board must follow all the requirements of Chapter 22, The Code of Iowa, Examination of Public Records (Open Records). This means every person has the right to examine and copy the public records of the PCRB pursuant to that Chapter. 2. The lawful custodian of the PCRB public records is the City Clerk of Iowa City. If the City Clerk requires legal counsel concerning whether a document is public or confidential, she shall notify both the City Attorney's Office and counsel to the PCRB of the request. 3. All records of the Board shall be public except as specifically provided for in Chapter 22, The Code and in the PCRB By-Laws. 4. Confidentiality of complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint. See By-Laws VII.1 (a). 5. Confidentiality of the minutes and tape recordings or closed sessions. See By-Laws VII. 1 (b). 6. Confidentiality of mediation matters. See By-Laws VII. 1 (d). 7. Confidentiality of information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. See By-Laws VII.1 (c). M. Iowa Open Meetings Law. The Board must follow all the requirements of Chapter 21, The Code of Iowa, Official Meetings Open to Public (Open Meetings). N. Conflicts of Interest and Ex Parte Contacts 1. Conflicts of Interest. See By-Laws V.9. 2. Ex Parte Contacts. See By-Laws, V.8. PCRB SOP 9/00 IV. Complaint Review Process The Board shall review all Police Chief's reports and City Manager's reports concerning complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the PCRB Standard Operating Procedures and Guidelines. A. Review of Police Chiefs report or City Manager's report. Follow 8-8-7 B of the City Code. B. Select a level of review as outlined in 8-8-7 B. 1 (a)-(f) of the City Code. The Board shall notify the Complainant and the Police Chief, or the City Manager if the complaint is against the Chief, of the selected level of review. The Chief shall notify the officer of the selected level of review. C. Request for an extension of time to file PCRB public report. Refer to 8-8-7 B.6 of the City Code. D. The PCRB shall not issue a public report critical of a police officer until after a name-clearing hearing has been held or waived by the police officer. Refer to Section 8-8-7 B.4 of the City Code. E. Name-clearing hearing procedure 1. If the Board determines that the comments or findings contained in its proposed report will be critical of the conduct of a sworn police officer, it must offer the officer a name-clearing hearing prior to the issuance of the Board's report to Council. 2. The Board shall select a proposed date for the name-clearing hearing. 3. Written notice of the date, time and place of the name-clearing hearing shall be given to the officer no less than ten working days prior to the date set for hearing. The notice to the officer should be transmitted via the Chief of Police. The notice to the officer shall provide a written response form for the officer to demand or waive the name-clearing hearing. Said written response form shall also allow the police officer to state whether he or she requests an open or closed session. 4. If the officer provides a written waiver of the name-clearing hearing prior to the date set for hearing, the hearing shall not be held. 5. If the officer does not respond to the notice prior to the time of the hearing, the hearing shall be convened. If the officer does not appear, the hearing shall be terminated. 6. If the officer demands a hearing or appears at the hearing, the Board will first determine whether the hearing shall be open or closed. If the officer requests a closed session, the Board shall close the session pursuant to motion specifically identifying Section 21.5(1)(i) and 21.5(1 )(a) of the Iowa Code as the basis for closure. If the officer does not request a closed session the session shall be open except where closure is appropriate pursuant to Section 21.5(1 )(a). 7. Before the hearing, the Board shall advise the officer of the Board's proposed criticism(s). At the hearing, evidence supporting the criticism shall be presented. The officer shall be PCRB SOP 9~00 given the opportunity to be heard and to present additional evidence, including the testimony of witnesses. 8. If, subsequent to a name-clearing hearing or waiver of a name-clearing hearing by the officer, the Board changes its level of review, it shall issue a new written notice pursuant to subparagraph B. hereof. If, following said change, the proposed report is critical of the sworn officer's conduct, the Board shall offer another name-clearing hearing to the officer pursuant to the name-clearing hearing procedures herein. 9. The complainant shall not receive a notice of, or have the right to participate in, a name- clearing hearing. F. Report Writing - Follow 8-8-7 of the City Code 1. The Chair shall appoint a committee to prepare draft reports. The committee may request assistance from staff as needed. 2. When possible, a draft report shall be included in the agenda packet prior to the meeting at which it is discussed. 3. Draft reports shall be discussed in executive session and finalized by the full Board. 4. Draft reports shall be confidential. 5. Final Public Reports shall be reviewed by legal counsel to the PCRB before being submitted to the City Council. G. Final PCRB Public Reports shall be distributed according to 8-8-7 B.3 of the City Code. The copy sent to the City Council shall be accompanied by the minutes of the meeting which approved it and be sent to the City Clerk for inclusion in the next Council agenda packet. H. Once the Public Report is sent to designated parties, the complaint file is closed and is taken to the City Clerk's Office for retention. V. Identification of Officers 1. The reports of the Police Chief and the City Manager to the Board will identify the officers with unique identifiers, i.e. same number for same officer from one complaint to the next, but not by name. In its public reports, however, the Board shall not use the same number for the same officer from one report to the next, in order to guard against inadvertent identification of the officer to the public by the Board. The Board reserves the right, however, to identify the officer in a sustained complaint pursuant to Section 8-8-7(B) of the City Code and may obtain the officer's name from the City Clerk for this purpose. 2. An allegation of misconduct or previous allegation of misconduct against an officer is not and shall not be used by the Board as evidence of misconduct. PCRB SOP 9/00 VI. Review of Policies, Procedures and Practices of the Iowa City Police Department As stated in the City Code, 8-8-7 C(3), and Article 11 of the PCRB By-Laws, and using the PCRB Standard Operating Procedures and Guidelines, the Board shall, from time to time, report to the City Council on policies, procedures and practices of the Iowa City Police Department, including recommended changes, if appropriate. A. Policy-review discussions shall be held at regular meetings, when possible. B. When citizens have a concern about police procedures or practices, but there is no allegation of individual officer misconduct, there may be an issue of policy. Any citizen or Board member may raise an issue at a PCRB meeting. B. The Board encourages signed written correspondence from citizens but will accept anonymous correspondence concerning policies, procedures, and practices of the Iowa City Police Department. VII. Annual Report The PCRB shall maintain a central registry of all formal complaints against sworn police officers and shall provide an annual report to the City Council which will give the City Council sufficient information to assess the overall performance of the Iowa City Police Department. 8-8-2 M and 8-8-7 C.2 of the City Code, Article VIII.5 of the PCRB By- Laws, and the PCRB Standard Operating Procedures and Guidelines A. The annual report shall include information required by Chapter 8 of the City Code. B. The PCRB's annual report may also include recommendations to amend the Ordinance. VIII. General A. The lawful custodian of the PCRB records and the central depository for all information is the City Clerk's Office of the City of Iowa City. B. The Chair is the official spokesperson for the PCRB. C. When legal counsel and/or staff are contacted on PCRB business, they shall report that information to the Chair and to each other. D. Contacts between a Board member and the Police Chief and/or City Manager shall be in the form of written communication when possible. E. Requests for information from the Board to the Police Chief or City Manager shall be in writing. F. The PCRB administrative assistant shall provide to the Board a monthly "PCRB Office Contacts Report," stating the number of telephone calls and in-office contacts which come directly to the PCRB office, the general substance of such contacts, and their disposition. PCRB SOP 9/00 G. Voice Mail telephone messages to the PCRB office from citizens shall not be retained nor will messages be transcribed unless there are extenuating circumstances on a case-by-case basis determined by legal counsel for the PCRB and the City Attorney's Office. H. The Board shall utilize its own letterhead stationery. eleanor\pcrbgde2 .doc PCRB SOP 9/00